@article{ART001929375},
author={Song Dongsoo and 성기만},
title={A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information},
journal={Public Land Law Review},
issn={1226-251X},
year={2014},
volume={67},
pages={175-200}
TY - JOUR
AU - Song Dongsoo
AU - 성기만
TI - A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information
JO - Public Land Law Review
PY - 2014
VL - 67
IS - null
PB - Korean Public Land Law Association
SP - 175
EP - 200
SN - 1226-251X
AB - 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.
KW - Punitive Damages;Personal Information Protection Act;Leakage of Personal Information;Treble Damages;Fair Transactions In Subcontract Act
DO -
UR -
ER -
Song Dongsoo and 성기만. (2014). A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information. Public Land Law Review, 67, 175-200.
Song Dongsoo and 성기만. 2014, "A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information", Public Land Law Review, vol.67, pp.175-200.
Song Dongsoo, 성기만 "A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information" Public Land Law Review 67 pp.175-200 (2014) : 175.
Song Dongsoo, 성기만. A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information. 2014; 67 175-200.
Song Dongsoo and 성기만. "A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information" Public Land Law Review 67(2014) : 175-200.
Song Dongsoo; 성기만. A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information. Public Land Law Review, 67, 175-200.
Song Dongsoo; 성기만. A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information. Public Land Law Review. 2014; 67 175-200.
Song Dongsoo, 성기만. A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information. 2014; 67 175-200.
Song Dongsoo and 성기만. "A Study on the Punitive Damages as measure of the relief regarding the leakage of personal information" Public Land Law Review 67(2014) : 175-200.