The Protection of Private Information in the Internet under Tort Law in Korea: From the Perspectives of Three Major Legal Conceptions of Law

Abstract

This paper is a follow-up paper of my previous paper on the issue of protection of private information in the Internet under tort law. In the previous paper, I reviewed the facts, legal issues, background information, and policy issues in the lineage II case, coming to the conclusion that the process of finding law by the judges in a new case which does not have any convention or precedent inevitably entails the policy makings of the judiciary.

Based on the factual and legal foundations of the previous paper, in this paper, I made a new effort of analyzing the three major legal conceptions of modern jurisprudence from the perspective of finding the law in hard cases and applying the legal conceptions to solving the lineage II case. The three legal conceptions I referred are conventionalism, legal pragmatism, and integrity in law.

By reviewing and comparing each of the three legal conceptions, I came to the conclusion that legal pragmatism is the most candid and suitable legal methodology in dealing with the recent private information leakage lawsuits in Korea.