개인정보 분쟁조정에서 개인정보 침해 구제방안의 실현구조

Mediation, as an alternative dispute resolution procedure, is a system that derives a resolution to a dispute based on the autonomous will of the parties involved, and grants certain legal effect to the outcome as it is accepted by both parties. This mediation can be categorized into court-type, administrative-type, and private-type, depending on who establishes and operates the mediation process. Personal information dispute mediation, based on the Personal Information Protection Act, is classified as administrative-type mediation as it is established and operated by an administrative agency called the Personal Information Dispute Mediation Committee. Since administrative mediation is essentially mediation, the operation of administrative mediation is based in principle on the ‘autonomy’ of ‘dispute resolution through autonomous agreement of the parties.’ However, administrative-type mediation is also influenced by its nature as a procedure led by an administrative agency, which adds a characteristic of 'authority' to its operation. The relationship between the autonomy and authority of administrative-type mediation can lead to a diverse array of procedures in how the mediation is conducted. In some cases, there may be a need to emphasize the authoritative aspects of these administrative mediations, especially when the disputes they aim to resolve have a relatively strong public interest component. Personal information dispute mediation can be seen as an administrative-type mediation that strongly embodies the public interest of personal data protection. Therefore, it is necessary to assess to what extent the authoritative characteristics of this system are activated to ensure effective redress for personal data damages. This assessment can be focused on the specific stages of the mediation process: ‘application for mediation, fact-finding, (pre-mediation agreement), and mediation.’ At each stage, aspects of the authoritative nature that can be considered include the imposition of an obligation to participate in mediation on the parties involved during the application for mediation stage, the authority of the mediation committee to request documents and conduct fact-finding during the fact-finding stage, and the legal effect of mediation proposals recognized as court-sanctioned settlements during the mediation stage. Procedures reflecting these authoritative characteristics positively contribute to personal data protection by allowing the mediation committee, as an administrative body, to intervene appropriately in disputes. This is particularly important in cases where data subjects face difficulties in seeking redress for personal data breaches due to issues such as information asymmetry. By exercising its authority, the committee facilitates the resolution of such breaches.