개인정보보호법상 과징금 산정 기준의 법리적 쟁점

The Administrative Surcharge system under the Personal Information Protection Act revised in March 2023 changed the standard for imposing fines from related sales to total sales. In the background of this change, it is presumed that there was a recognition that there was a need to strengthen the deterrent power of violations of the law, as well as meet domestic standards for fines in the EU and China. However, these standards are unprecedented in light of the conventional standards for calculating fines, and have caused considerable controversy. The meaning and issues of the penalty system under the Personal Information Protection Act are expected to continue to emerge in a situation where the frequency of fines is increasing and the number of domestic and foreign businesses violating personal information protection obligations is increasing. Based on this awareness of the problem, this paper points out the characteristics of the current penalty system revised in 2023 from the perspective of legal and regulatory practice. The validity of each detailed issue was analyzed from a critical point of view.