인격권 침해와 그 구제방법 - 중국과 대만의 논의와 우리 민법의 시사점-

In this paper, we study a remedy for infringement of personal rights in China and Taiwan. Traditionally, this has been discussed the tort and unjust enrichment, but its disadvantages that can not be acquired offender returns a lot of benefits. Accordingly, Taiwan resolves them by new regulations on the untrue management of affair. In theory, there is 2 ways, that is to say, an American system, Provacy, and the other’s three-step method of calculating damages of privacy in Germany. Our Intellectual Property Act has the response to it. In the civil law still difficult to solve this respect. Our reform of the Civil Code is not sufficiant in this regard. The restitution and unjust enrichment and damages to the extent that the returns are lacking or compensation. The main point is that how to prevent excessive profits unjustly acquired by the perpetrators. In this regard, the solution by cases of Taiwan and China will have a number of suggestion, though it is not yet sufficient yet. It is also necessary to study the developpement in Germany and Switzerland.