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A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 67(), pp.175-200
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Song Dongsoo 1 성기만 1

1단국대학교

Accredited

ABSTRACT

While a large-scale leakage of information ensues, the court approves just hundreds of thousands of won. the reason is lawsuit structure in Korea. It is very difficult each individual proves negligence or malice, if he or she wanna receive indemnification for damage, due to characteristic of information. Even though obligation to prove is diverted from person to business operator, The judge rules mostly against the plaintiff due to the fact that business operator doesn't have negligence or malice. ultimately actual damage exists but man couldn't be paid indemnification for that. That causes that measure of the relief system about the damage to information is imposed a blockade. In this situation, counterplans that are prepared by government break decisively with damage relief for nation. most measures that avert information leakage go along on the direction to punishing more severely via penalty, fine. but if it consider that the attributed subject of penalty surcharge is state, that is be absent from compensation for the damage of people. therefore these measure means just for securing source of taxation. To solve that should introduce the system that is punitive damages.

Citation status

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