A study on the methods of personal information injury relief in Korea Park Joo-Suk1, Kim Sung-Jun2, Lee Jee Hyung3, Kim Doo-Su4,* 1Researcher, Dept. of Law, Korea National Open University, 86 Daehak-ro, Jongro-gu, Seoul, 03087, Korea 2Professor, Dept. of Bigdata Industrial Security, Namseoul University, 91, Daehak-ro, Seonghwan-eup, Seobukgu, Cheonan-si, Chungcheongnam-do, 31020 3Researcher, Legal Science Institute, Ewha Womans University, 52 Ewhayeodae-gil, Seodaemun-gu, Seoul, 03760, Korea 4Professor, Dept. of Law, Hankuk University of Foreign Studies, 107 Imun-ro, Dongdaemun-gu, Seoul, 02450, Korea *Corresponding author: Doo-su Kim Professor, Department of Law, Hankuk University of Foreign Studies, 107 Imun-ro, Dongdaemun-gu, Seoul, 02450, Korea, doosu513@hanmail.net
Online published on 16 October, 2018. Abstract In the modern information age, human activity and even objects generate incredible amounts of electronic data; however, huge amounts of data are discarded despite their beneficial potential. In this study we examine the relevant laws of the Republic of Korea in order to discover the best legal and policy prescriptions for providing relief to those injured by personal data breaches in Korea, seeking to respond to rapid changes in the personal data infrastructure and to improve on previous policies through a critical examination of prior systems and the rapid changes in the regulatory environment. The moral rights of data subjects, such as privacy and reputation, are directly protected by the right of determination over personal data, while property rights are a secondary object of protection. The state should protect not only these rights but also the freedom of political criticism using personal data, the freedom of expression such as academic or academic expression, and the freedom to work through building a database of personal data and creating market value. Furthermore, in the swiftly changing digital age, it is increasingly difficult to control personal data due to the introduction of new services and technology. More and more personal data is commodified and traded. Despite efforts toward the protection of personal data, the breaches and disclosures of personal data have only increased, and there have consistently been areas where the old institutions were inadequate. To improve the Korean system of relief for personal data injuries, personal data protections should be strengthened, no-fault liability rules brought in line with general principles of private law, and dispute resolution procedures streamlined through online dispute resolution and mediation panels. Top Keywords public data, relief for personal information, violation, dispute settlement, stronger regulations, Korea. Top |