개인정보유출에 기한 손해배상 사건과 소송상 준거법

초록

Although numerous international contracts have been signed on the internet and personal data is provided in the process, there seems to be not much discussion on how to respond to the disputes derived from them. Typically, if there is a leakage of personal data provided by Korean Citizen in connection with the services of internet companies based of the foreign countries, and if the disputes on the damages are examined in Korean courts, the governing law can be problematic. Since the leakage of personal data is usually characterized as a tort, we reviewed how the principle of connection in our international private law is applied. Several connection principles can be used from ‘party autonomy’ to the ‘lex loci delicti’, but it is necessary to seek a connection point considering the victim"s interests in consideration of the nature of events in which various actors can intervene, and it is desirable to stipulate the principle of the connection on this matter along with other special kinds of torts. On the other hand, it is also possible to approach the case of personal data leakage as a breach of contract, so the governing law in this regard with was also examined. Depending on which way the plaintiff files a lawsuit, there may be differences in the governing law and the consequences, so it is necessary for the plaintiff to consider how it is advantageous to file a lawsuit. The Supreme Court has not yet ruled on this issue, and we hope that the ruling, which can be a guide to practice, will be made in a hurry, considering that the collection and provision of personal data is active in our real life and the cases of personal data leakage are significant.

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