Compensation for Consumer Damage and Dispute Resolution Caused by Personal Data Leakage - Focusing on Compensation for Emotional Distress - (개인정보 유출로 인한 소비자 피해의 보상 및 분쟁 해결에 관하여 - 정신적 피해보상 중심으로 -)

LEE JONG SIK (이종식)

doi:10.34163/jkits.2018.13.1.015

Compensation for Consumer Damage and Dispute Resolution Caused by Personal Data Leakage - Focusing on Compensation for Emotional Distress -

Journal of Knowledge Information Technology and Systems
Abbr : JKITS
2018, 13(1), pp.147-160
DOI : 10.34163/jkits.2018.13.1.015
Publisher : Korea Knowledge Information Technology Society
Research Area : Interdisciplinary Studies > Interdisciplinary Research
Published : February 28, 2018

LEE JONG SIK ¹

¹성균관대학교

Accredited

ABSTRACT

All cases of compensation and dispute resolution involve some form of emotional difficulty. Even when material compensation is made, it is hard to say that it makes up for non-pecuniary losses, that is, emotional distress. Then is it currently possible to be compensated for emotional distress in all legal disputes? Although possible in some cases, it is not easy to claim damages for emotional distress since the action of the defendant has to be shocking and extreme, and concrete enough to prove that the defendant’s deliberate and reckless action caused emotional distress. There must also be factual evidence such as receiving medical treatment as a result of the defendant’s action, as well as a causal relationship between the defendant’s action and the consumer’s damage. Therefore, it is difficult to claim damages for emotional distress, and only a few cases which satisfy all the above conditions have received compensation. The current Consumer Protection Law stipulates 1) the right to safety 2) the right to be informed 3) the right to choose 4) the right to be heard 5) the right to redress 6) the right to consumer education 7) the right to organize 8) the right to a healthy environment as the basic rights of consumers. This paper focuses on compensation for emotional distress included in 5) the right to redress, and more specifically, the compensation for consumer damage following the leakage of personal information on the Internet. Material compensation is important, but to make a better policy for both consumers and companies, it is also important to analyze the situation in which the victims suffer from emotional distress that takes place in various situations following personal data leakage, and ensure that those victims are provided with better and real compensation.

KEYWORDS

Compensation for emotional distress, Compensation for customer damages, Personal information leakage, Spam messages, smartphone smishing

Citation status

* References for papers published after 2023 are currently being built.

[report] D-H. Jin / 2014 / The basis of damages for damages of personal information infringement and damage relief system

[report] B-J. Lee / 2012 / Protect the changing online service environment and users 3 Vol / The Korean Consumer Law Society

[other] / Consumer Protection in Electronic Commerce, etc. Act 11461, 2012.06.01(hereinafter : Article 1 of the Electronic Trade Act)

[other] / Article 2 (1) of the Electronic Commerce Act; Article 2 (5) of the Framework Act on Electronic Documents and Electronic Transactions

[web] / 2017 / Source Fair Trade Commission / http://www.ftc.go.kr/

[web] / 2017 / http://privacy.go.kr/nns/ntc/pex/personal Exam.do / http://privacy.go.kr/nns/ntc/pex/personalExam.do

[journal] 진성철 / 2011 / A Study on the Psychological anxiety on Private information leakage to likelihood of internet users / 한국전자통신학회 논문지 / 한국전자통신학회 6(5) : 731~737

[other] M-B. Kwon / 2006 / Factors causing privacy and results / Journal of the Korean Content Association : 25~37

[web] / 2017 / Cyber security/3 card company personal information leakage event letter Lim Chae-ho |Visiting professor at KAIST Graduate School of Information Security / http://navercast.naver.com/contents.nhn?rid=2871&contents_id=80353

[journal] S-Y. Lee / 2014 / A study on the shiming prevention in android platform environments / Journal of Information Security : 975~985

[journal] H-H. Lee / 2010 / Alternative to the national identification number management system for the protection of personal information / Journal of the Information Technology Association of Korea : 49~58

[journal] H-R. Hee / 2005 / Alternative means of resident registration on the Internet / Press and Law 4(2) : 82~110

[web] Digital Times / 2015 / I have already forgotten the information leak accident / http://www.boannews.com/media/view.asp?idx=45873&kind=3

[other] / 2014 / Source Broadcasting and Communication Commission (Personal Information Reporting Center of the Korean Internet Information Commission)

[other] Inha University Industry-Academic Cooperation / Provided enhanced privacy dispute resolution capabilities of a comprehensive support system plan : 8~9

[other] / Supreme Court 2012.12.26. Judgment of 2011 DA59834

[journal] J-K. Lee / 2015 / Approvability of damage and allocation of allegation due to personal information milestons-supreme 2012.12.26. The 2011 Da59344 decision / Northeast Asia Legal District : 545~554

[other] / Supreme Court 2007.12. 13. Judgment of 2007DA18959

[other] D-H. Jin / 2014 / Grounds for damages and damage relief for personal information infringement

[journal] 이재경 / 2015 / A study on the possibility of psychological damage and consolation money for the leakage of personal information / 동북아법연구 / 동북아법연구소 8(3) : 525~544

[other] M-Y. Lee / 2012 / Study on personal information protection system and personal information protection survey : 5~

[journal] 유한나 / 2012 / Analysis on Domestic and Foreign Privacy Information Acts to Suggest Directions for Developing Korean Privacy Information Protection Act / 정보보호학회논문지 / 한국정보보호학회 22(5) : 1091~1102

[other] M-Y. Lee / 2012 / Study on personal information protection system and personal information protection survey : 3~

[web] / 2018 / https://en.wikipedia.org/wiki/Data_Protection_Directive / https://en.wikipedia.org/wiki/Data_Protection_Directive

[other] Korea Information Technology Agency / 2012 / First half of the year Personal information protection Overseas policy trend : 6~29

[web] / 2018 / Consumer Protection Act <Article 1>Purpose / http://www.law.go.kr/lsInfoP.do?lsiSeq=198535&efYd=20171031#0000

[web] / 2018 / Article 53 of the Consumer Protection Act (Installation and Operation of Consumer Relations Organization) / http://www.law.go.kr/lsInfoP.do?lsiSeq=198535&efYd=20171031#0000

[web] / 2018 / Article 55 of the Consumer Protection Act (Request for Damage Remediation) / http://www.law.go.kr/lsInfoP.do?lsiSeq=198535&efYd=20171031#0000

[other] G-S / 2007 / Na Sub-dividend consumer policies under FTA / Korea Consumer Agency : 82~

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Journal of Knowledge Information Technology and Systems 2023 KCI Impact Factor : 0.89

Compensation for Consumer Damage and Dispute Resolution Caused by Personal Data Leakage - Focusing on Compensation for Emotional Distress -

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Citation status

* References for papers published after 2023 are currently being built.

Journal of Knowledge Information Technology and Systems 2023 KCI Impact Factor : 0.89

Compensation for Consumer Damage and Dispute Resolution Caused by Personal Data Leakage - Focusing on Compensation for Emotional Distress -

ABSTRACT

KEYWORDS

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* References for papers published after 2023 are currently being built.