개인정보 유출에 따른 정신적 손해에 대한 징벌적 손해배상 인정에 관한 연구

Recently, personal information leakage accidents are becoming frequent in our society, and the scale of damage is increasing. In this study, the validity and improvement plan of the recognition of punitive damages for mental damage suffered by victims due to personal information leakage were examined. First of all, in order to examine the structure and status of the punitive damage compensation system under the current law, the damage compensation system under the Civil Act and the Personal Information Protection Act was reviewed. In particular, in relation to the punitive damage compensation system (Article 39 (3)) under the Personal Information Protection Act, the attitude of the precedent that punitive compensation cannot be recognized for mental damage was confirmed. Comparatively, it was confirmed that in the case of the United States, case law is passive in ordering punitive damage, and the European Union does not allow punitive compensation for mental damage. Although the domestic and foreign environment over whether to recognize punitive damages for mental damage is not favorable, it is inevitable to use a punitive compensation system to protect victims and prevent preventive and deterrent personal information leakage accidents. Even if other countries are passive in punitive compensation for mental damage, this does not logically lead to the conclusion that punitive compensation for mental damage should be denied even in Korea. Therefore, punitive damages for mental damage caused by personal information leakage should be recognized, and to systematically activate it and prevent illegal personal information leakage, it is necessary to change the burden of proof, ease the requirements for recognizing damages, and prepare and realize specific standards for calculating compensation.