개인정보 유출로 인한 정신적 손해와 관련하여 ― 대법원 2019. 9. 26. 선고 2018다222303, 222310, 222327 판결을 중심으로

This article examines the legal framework for the recognition of psychological damages by analyzing the legal judgment framework and relevant case law on personal information leakage cases that have been occurring frequently in recent years. Personal information leakage not only causes psychological distress to the victim, but the resulting anxiety and loss of social trust are becoming a very serious issue. Focusing on Supreme Court precedents, the study suggests a method for determining whether mental damages have occurred by focusing on the type of information leaked, the possibility of third-party access, and the possibility of additional legal infringement caused by the leak. In particular, it analyzes the court's approach to liability for damages arising from the leakage of sensitive information, such as social security numbers, and examines similar cases in Japan to highlight the differences between domestic and international precedents. Mental damages entail not only the obvious psychological discomfort or anxiety, but also the fear of further harm that may continue to occur. In conclusion, recognizing the mental suffering of victims of personal data breaches can contribute to legal stability and the protection of individual rights, ultimately emphasizing the importance of privacy and helping to achieve fair outcomes for all stakeholders. In the future, stronger legal responses and safeguards need to be put in place, and courts need to better recognize mental harm and set compensation standards. This study is expected to provide the basis for a stronger legal system for personal information protection in the future and contribute to the establishment of practical judgment standards to ensure the rights of victims.