발간년도 : [2018]
| 논문정보 |
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| 논문명(한글) |
[Vol.13, No.1] Compensation for Consumer Damage and Dispute Resolution Caused by Personal Data Leakage - Focusing on compensation for emotional distress |
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| 논문투고자 |
Jong-Sik Lee |
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| 논문내용 |
All cases of compensation and dispute resolution involve some form of emotional difficulty. Even when material compensation is made, it is hard to say that it makes up for non-pecuniary losses, that is, emotional distress. Then is it currently possible to be compensated for emotional distress in all legal disputes? Although possible in some cases, it is not easy to claim damages for emotional distress since the action of the defendant has to be shocking and extreme, and concrete enough to prove that the defendant’s deliberate and reckless action caused emotional distress. There must also be factual evidence such as receiving medical treatment as a result of the defendant’s action, as well as a causal relationship between the defendant’s action and the consumer’s damage. Therefore, it is difficult to claim damages for emotional distress, and only a few cases which satisfy all the above conditions have received compensation. The current Consumer Protection Law stipulates 1) the right to safety 2) the right to be informed 3) the right to choose 4) the right to be heard 5) the right to redress 6) the right to consumer education 7) the right to organize 8) the right to a healthy environment as the basic rights of consumers. This paper focuses on compensation for emotional distress included in 5) the right to redress, and more specifically, the compensation for consumer damage following the leakage of personal information on the Internet. Material compensation is important, but to make a better policy for both consumers and companies, it is also important to analyze the situation in which the victims suffer from emotional distress that takes place in various situations following personal data leakage, and ensure that those victims are provided with better and real compensation. |
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