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A Study of the Group Litigation on the Personal Information Protection Act

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 60(), pp.365-382
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Cho Man Hyeong 1

1동신대학교

Accredited

ABSTRACT

In order to protect personal information, the Personal Information Protection Act were enacted and operating, but as the measures to prevent the accidents, group litigation has some problems and it is hard to expect its effectiveness. Especially, it leaves a lot of regret that reflect the group litigation system on Framework Act on Consumers. Framework Act on Consumer and Personal Information Protection Act is different from the legislative purpose, the protection of legal interests also differ greatly. Especially, in the Personal Information Protection Act it does not distinguish between public and private sectors, and it protect as the form of an integrated. So, the group litigation that regulated legally must be strict and cautious and it should have been regulated to its purpose. The Group litigation on Personal Information Protection Act has the problems that can demand only prohibition and stopping of the violation of another´s rights and it cannot claim monetary claim as the claim damages, its requirement is too particular and abstractive. Also, by going through the Collective dispute resolution procedures requisitely, it has limitations that can't be effective remedies. Therefore, this paper reviewed the important contents about group litigation that regulated in personal information protection act starting from the value and reason of personal information, and raise an issue about its effectiveness and operation.

Citation status

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