개정 개인정보 보호법의 민사법적 쟁점

Given that all economic and social activities are conducted through data and personal information, the Personal Information Protection Act(hereinafter ‘PIPA’), which regulates the use and protection of personal information, has a profound impact on all areas of our society. In 2023, PIPA has once again undergone significant amendments. This study examines and analyzes the key provisions of the revised PIPA from a civil law perspective. The article identifies three main legal issues in the study: ① the processing of personal information under the provision of "necessary for the performance of a contract" (PIPA §15.①.4.), ② the protection of personal information of minors (PIPA §22-2), and ③ punitive damages (PIPA §39). The results of the analysis are as follows. ① The rational and valid approach of interpretation to the provision of "necessary for the performance of a contract" is to interpret it broadly, while remaining faithful to its literal meaning. In specific cases, the application of this provision to process personal information without the consent of the data subject raises issues related to the interpretation of the contract, and further extends to the terms and conditions. This intersection between the PIPA and civil law doctrine can be seen as a prominent point of convergence. ② The current framework of the PIPA, which recognizes the consent ability of minors aged 14 and above, contradicts the principle of protecting minors and conflicts with provisions in civil law. Therefore, it should be reexamined from scratch. ③ The concept of punitive damages (up to five times the actual damages) lacks theoretical and practical validity. Moreover, it has the unintended consequence of facilitating the enforcement of punitive damages awarded by foreign courts in domestic cases. Therefore, it calls for further debate and discussion. Traditionally, discussions on the PIPA have primarily taken place from the public law perspectives. However, there is a growing need for diverse discussions from the civil law perspectives, which has become particularly relevant with the current revision of the PIPA. This is due to the significant increase in the impact on legal relationships in the field of civil law, such as contracts. As the provision of "necessary for the performance of a contract" introduced in the revised PIPA becomes firmly established as a legal requirement for the lawful processing of personal information, gradually replacing the requirement for consent, the privatization of the PIPA is likely to progress rapidly.