개인정보 집단분쟁해결제도에 관한 연구

With the development of information and communication technology in modern society, the importance of personal information is emphasized. Damage due to leakage or misuse of personal information can occur to many people at the same time, and it is difficult to accurately predict or calculate the damage amount such as mental damage and property damage. It is difficult for the data subject to recognize and control the infringement or leakage of his or her personal information in advance, and once the invasion of personal information occurs, it can be spread to the secondary and tertiary damages, and the restoration of the original by the after-sale remedies is almost impossible. impossible. Infringement and leakage of personal information not only violates the constitutional right of privacy and personality of the data subject, but also causes many victims, damages to property, and affects the market economy. It is perceived as a national task rather than an individual problem. In particular, in the case of large-scale information leakage and damage, Korea introduced a collective dispute mediation system for personal information. Through such a system, the dispute resolution system for personal information will be resolved fairly and promptly. The aim was to contribute to the protection of the rights of information subjects through the prompt remedy of damages caused by abuse. However, unlike the existing legislative purpose, the actual performance of the collective dispute mediation system of personal information is very low. The reason why the utilization rate of the current personal information collective dispute settlement system is low is largely because the effect of the mediation is not compulsory and the advantages of the system are not saved. Along with efforts to improve the collective dispute settlement system, discussions on the introduction of a class action system appropriate for our situation should be embodied. In this paper, we will look into the personal information infringement remedies legislation, especially the personal information collective dispute mediation system and personal information group lawsuit, and suggest the legislative improvement direction for activation.