해킹에 의한 개인정보유출과 정보통신서비스 제공자에 대한 손해배상책임에 관한 고찰 - SK컴즈 사건을 중심으로 -

In modern society, personal information being used in various ways and being accumulated very enormous amount. In reality, the vast amount of different companies holds personal information. The accident that personal information that leaks or being exposed began to occur and the cases that the damage by identity theft or fraud of leaked personal information are on the increase. Recently a hacker living in China hacked 34,954,887 people's personal information keeped by the SK Communications and that personal information has been leaked to China beyond the incident occurred. Some owners of that personal information sue the SK Communications for damages, a number of court of appeals and district courts rendered judgments that were contrary to each other, and now pendency of a court of appeal. This thesis, it examined the legal basis of the judgments and why they came to such conclusions, then it analyzed this Case, should the SK Communications be liable for damage caused by breach of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc?, if it refected, be liable for damage caused by breach of Civil law?, furthermore, is it proved that he or she has suffered an “injury in fact”, defined as “an invasion of a legally protected interest”?