개인정보 유출로 인한 손해배상책임

송혜정 민사판례연구회 2015 民事判例硏究 Vol.- No.37

대상판결은 개인정보를 처리하는 자가 수집한 개인정보를 그 피용자가 해당 개인정보의 정보주체의 의사에 반하여 유출한 경우, 그로 인하여 그 정보주체에게 위자료로 배상할 만한 정신적 손해가 발생하였는지 여부는, 유출된 개인정보의 종류와 성격이 무엇인지, 개인정보의 유출로 정보주체를 식별할 가능성이 발생하였는지, 제3자가 유출된 개인정보를 열람하였는지 또는 제3자의 열람 여부가 밝혀지지 않았다면 제3자의 열람 가능성이 있었거나 앞으로 그 열람 가능성이 있는지, 유출된 개인정보가 어느 범위까지 확산되었는지, 개인정보의 유출로 추가적인 법익침해의 가능성이 발생하였는지, 개인정보를 처리하는 자가 개인정보를 관리해온 실태와 개인정보가 유출된 구체적인 경위는 어떠한지, 개인정보의 유출로 인한 피해의 발생 및 확산을 방지하기 위하여 어떠한 조치가 취하여졌는지 등 여러 사정을 종합적으로 고려하여 구체적 사건에 따라 개별적으로 판단하여야 한다고 판시하였다. 이 글에서는 먼저 논의의 기초로서 개인정보의 의미와 보호의 법적 근거, 다양한 개인정보 침해 사안의 분류를 살펴보고, 개인정보 유출로 인한 손해배상책임 전반에 관하여 대상판결 이전의 관련 판결들에서 판단한 내용들에 초점을 두어 살펴본 후, 대상판결을 검토하였다. 대상판결은 우선 개인정보에 대한 위법한 침해가 있다고 하여 당연히 위자료로 배상할 만한 정신적 손해가 인정되는 것은 아니라는 점을 명확히 하였다는 점에서 의미가 있고, 또한, 대상판결에서 제시한 정신적 손해 발생 여부의 판단기준은 대규모 개인정보 유출 사고가 반복적으로 발생하여 이로 인한 손해배상청구소송이 줄을 잇고 있는 상황에서 기본적인 판단기준으로 적용될 수 있다는 점에서도 큰 의미가 있다. 대상판결에서 제시한 기준은 향후 다양한 사실관계에 기초한 여러 건의 손해배상사건에 적용되면서 더욱 정교하게 발전해 나갈 것으로 생각된다. The Supreme Court’s decision at issue is a case where personal information collected by a person who handles the information was leaked out by the person’s employee against the intentions of the subject of the personal information(hereinafter‘data subject’). The decision held that when determining whether the leakage caused the data subject to suffer emotional distress which qualifies as compensable damages, the determination should be made after considering the following circumstances, and judged accordingly and specifically to each individual case. Firstly, the type and characteristic of the leaked personal information; whether the data subject is identifiable through the leaked information; whether a third party accessed the leaked information, and if it did not occur, whether there is probability that a third party had such access or will have access in the future; to what extent the leaked information was spread; whether the leakage possibly caused any additional infringement of rights; the actual reality of how the personal information was managed by the person who handled the information, and the specific circumstances in which the information was leaked; and what measures were taken to prevent injury caused by the leakage, and to prevent the spread of leaked information. This article examines the meaning of personal information, the legal ground for the protection of personal information and the various types of personal information infringement as a basis for discussion, and then reviews existing decisions on related issues, and finally reviews the Supreme Court’s decision at issue. The Supreme Court’s decision at issue is meaningful in the aspects as follows: Firstly, the Decision made it clear that the personal information infringement does not necessarily cause emotional distress which qualifies for compensation; Secondly, the standard on the data subject’s emotional distress which qualifies as compensable damages set in the Decision can be a basic standard for damage claims based on the personal information leakage accident. The standard will be developed more elaborately through the application to various types of personal information infringement cases.

일부 치위생과 포괄치위생실습실 방문 대상자의 남ㆍ여 주관적 구취에 영향을 미치는 요인

송혜정,진미영,김현경,김예황,이명주,권선화,조우순,이효진 대한치과위생학회 2017 대한치과위생학회지 Vol.19 No.1

This study, to provide basic data for halitosis management planning, conducted a self-administered survey of some adult males and females of 440 people who visited the generic laboratory of dental hygiene department and, which consists of several questions such as self-awareness on halitosis, subjective health status, oral health status, and oral health behavior. 1. After a careful examination on subjective oral health status and self-awareness for halitosis among male subjects, the result is same as the following statement; in case of those who have xerostomia, most of them do not have halitosis indicating 88.1%, while 11.9% of them have halitosis(p<0.05); among those who have periodontal disease, most of them have halitosis indicating 84.2%, while 15.8% of them don’t have it (p<0.01); in case of subjects who have tooth mobility, most of them have halitosis indicating 82.5%, while 17.5% of them don’t have it (p<0.01); those who feel uncomfortable on mastication almost have halitosis indicating 82.6%, while 17.4% of them do not. So, it is revealed that there are meaningful differences in self-awareness for halitosis according to inconvenience of mastication (p<0.05). 2. Following is the result of female subjects; those who have bad oral status mostly have halitosis indicating 82.7%, while 17.3% have no halitosis (p<0.05) ; in case of xerostomia, those who have halitosis is 75.3%, while 24.7% of them do not have (p<0.05); among those who have periodontal disease, most of them have halitosis indicating 83.3%, while 16.7% of them don’t have (p<0.01); and in case of those who have ulorrhagia, 74.6% of them have halitosis while 25.4% do not. So, it is revealed that there are meaningful differences in self-awareness for halitosis according to ulorrhagia (p<0.05). 3. After an examination on oral health status and self-awareness for halitosis among male subjects, the percentage of having halitosis among those who do not brush tongue is 70%, while 30.3% of the subjects do not have halitosis. It is revealed that there are meaningful differences in self-awareness for halitosis according to tongue brushing. 4. After conducting logistic regression analysis over factors influencing on halitosis among male subjects, we have found these; in case of good oral hygienics, the probability affecting halitosis is 0.172, which appears 0.828 times lower; in case of not having periodontal disease, the probability affecting halitosis is 0.423, which appears 0.577 times lower; and in case of not doing tongue brushing, the probability affecting halitosis is 2.432, which appears 1.432 times higher (p<0.05). 5. After conducting logistic regression analysis over factors influencing on halitosis among female subjects, we have found these; in case of good oral hygienics, the probability affecting halitosis is 0.373, which appears 0.627 times lower and in case of having general xerostomia, the probability affecting halitosis is 2.263, which appears 1.263 times higher(p<0.05). To make conclusion with above results, males are generally affected by oral hygienic status, periodontal disease, and whether tongue brushing is done or not, and females affected by several factors such as oral health, xerostomia, oral health status, dental disease, oral health behavior and their complex influence, so the factors affecting halitosis vary from gender. Thus, it is regarded to make plan for halitosis prevention and effective halitosis management with a precise analysis on individual reasons for causing halitosis according to gender.

Newly Formed Hepatic Masses in Children with Biliary Atresia after Kasai Hepatic Portoenterostomy

송혜정,서연림 대한병리학회 2011 Journal of Pathology and Translational Medicine Vol.45 No.2

Background: This report describes the clinicopathologic findings of six hepatic masses that de­veloped after Kasai hepatic portoenterostomy (HPE) in six patients with longstanding biliary atre­sia (BA). Methods: Hepatic masses were found in six of 55 pediatric patients who underwent liver transplantation for BA after Kasai HPE from 1997 to 2009. Clinicopathologic analysis was per­formed and immunohistochemical staining was carried out for CD34, smooth muscle actin (SMA) and cytokeratin 7. Results: Of the six hepatic masses, two were diagnosed as focal nodular hy­perplasia (FNH)-like lesions, two were large regenerative nodules (LRN), one was a mesenchymal hamartoma (MH) and one was a cholangiocarcinoma. The immunohistochemical staining find­ings for SMA and CD34 were more prominent for the FNH-like nodules than for the cirrhotic back­ground liver. Dysplastic biliary epithelium arising from intestinal metaplasia was found in the chol­angiocarcinoma. Conclusions: Our findings suggest that FNH-like lesions, LRNs and MH are the results of vascular hemodynamic changes after Kasai HPE and that cholangiocarcinoma is due to recurrent cholangitis after BA. All the lesions in this series must be included in the differential diagnosis of a newly formed hepatic mass in patients after portoenterostomy.

지역적 특성을 갖는 동적 선택 방법에 기반 한 다중 인식기 시스템

송혜정,김백섭 한국정보과학회 2003 정보과학회논문지 : 소프트웨어 및 응용 Vol.30 No.4

This paper proposes a multiple classifier system having massive micro classifiers. The micro classifiers are trained by using a local set of training patterns. The k nearest neighboring training patterns of one training pattern comprise the local region for training a micro classifier. Each training pattern is incorporated with one or more micro classifiers. Two types of micro classifiers are adapted in this paper : SVM with linear kernel and SVM with RBF kernel.Classification is done by selecting the best micro classifier among the micro classifiers in vicinity of incoming test pattern. To measure the goodness of each micro classifier, the weighted sum of correctly classified training patterns in vicinity of the test pattern is used. Experiments have been done on Elena database. Results show that the proposed method gives better classification accuracy than any conventional classifiers like SVM, k-NN and the conventional classifier combination/selection scheme. 본 논문에서는 지역적 특성을 가지는 작은 인식기(마이크로 인식기)의 모음으로 인식기를 구현하는 다중 인식기 시스템을 제안한다. 각 학습패턴에서 k개의 이웃한 학습패턴을 추출해서 학습한 인식기를 마이크로인식기라고 한다. 각 학습패턴에는 한개 이상의 마이크로 인식기를 부여한다. 본 논문에서는 선형 커널을 사용한 SVM과 RBF 커널을 사용한 SVM등 두 가지 형태의 마이크로 인식기를 사용한다.테스트 패턴이 인가되면 테스트패턴 주변의 마이크로인식기들 중에서 성능이 가장 좋은 것 하나를 선택한 후 선택된 인식기로 최종 클래스를 결정한다. 테스트패턴 주변에 있는 학습패턴들을 인식한 결과를 성능 측정 척도로 사용한다.Elena 데이타베이스를 사용하여 기존의 단일 인식기, 다중 인식기 결합, 다중 인식기 선택 방법들과 인식률을 비교한 결과 제안된 방법이 우수함을 알 수 있다.

Carney Triad in an Adult with Aggressive Behavior: The First Case in Korea

송혜정,박철근,김경미,최동일 연세대학교의과대학 2009 Yonsei medical journal Vol.50 No.5

Carney triad is a rare syndrome of unknown etiology characterized by having at least two out of three following neoplasms: gastrointestinal stromal tumor, pulmonary chondroma and extra-adrenal paraganglioma. About 100 cases have been reported worldwide. We report a case of Carney triad in a 42-year-old woman presented with a gastrointestinal stromal tumor in the stomach and a malignant functioning paraganglioma in the retroperitoneum that was fatal five years after diagnosis. The gastrointestinal stromal tumor was diagnosed as intermediate-risk of aggressive behavior and diffusely positive for c-kit whereas the retroperitoneal paraganglioma was negative for ckit. Genetic analyses showed no mutations of KIT, PDGFRA, SDHB, SDHC, and SDHD genes in both tumors. To our best knowledge, this is the first case of Carney triad in Korea. Carney triad is a rare syndrome of unknown etiology characterized by having at least two out of three following neoplasms: gastrointestinal stromal tumor, pulmonary chondroma and extra-adrenal paraganglioma. About 100 cases have been reported worldwide. We report a case of Carney triad in a 42-year-old woman presented with a gastrointestinal stromal tumor in the stomach and a malignant functioning paraganglioma in the retroperitoneum that was fatal five years after diagnosis. The gastrointestinal stromal tumor was diagnosed as intermediate-risk of aggressive behavior and diffusely positive for c-kit whereas the retroperitoneal paraganglioma was negative for ckit. Genetic analyses showed no mutations of KIT, PDGFRA, SDHB, SDHC, and SDHD genes in both tumors. To our best knowledge, this is the first case of Carney triad in Korea.

Comparison of the performance of the PANArray™ HPV test and DNA chip test for genotyping of human papillomavirus in cervical swabs

송혜정,이정원,김병기,송상용,배덕수,김대식 한국바이오칩학회 2010 BioChip Journal Vol.4 No.3

The aim of this study was to evaluate the recently developed PANArray™ Human papilloma virus (HPV) kit for detection and genotyping of 19 high-risk and 13 low-risk HPV types, and compare it with the commercially available DNA chip kit geno-typing of 24 HPVs. We llected cervical swabs from 741 patients with various stages of invasive cervical carcinoma being treated at the Samsung Medical Center. The overall HPV positivity rate was 73% using PANArray™ HPV and 72.1% with the DNA chip, and no statistically significant differences were found with respect to the cytology grade. Comparing the results of the two chips, concordant results were found in 637/741 samples (85.9%), compatible in 69/741 (9.3%) and discordant in 35/741(4.7%). Type-specific sequencing analysis of all samples revealed a 99.7% confirmation of PANArray™ HPV genotyping results, compared to 91.0% of DNA chip. The PANArray™ HPV test thus proved to be highly sensitive and accurate even when multiple HPV infections were present.

The Effect of Elapsed Time on the Quantity of mRNA in Skin: A Study to Evaluate the Potential Forensic Use of mRNA to Determine the Postmortem Interval

송혜정,최윤라,강소영,채종민 대한법의학회 2012 대한법의학회지 Vol.36 No.2

Ribonucleic acid (RNA) has potential use in forensic science for the determination of postmortem interval. We report the first study on serial sampling of messenger RNA (mRNA) from surgical specimens to determine if there is a correlation between mRNA quantity and elapsed time. Skin tissues were collected from modified radical mastectomy specimens. After a defined period of time, bisected skin sections were cut and frozen in liquid nitrogen. Serial collection of the specimens was conducted, and frozen sections were obtained from all samples. Quantitative real-time reverse transcriptionpolymerase chain reaction was performed using the extracted RNA to measure the transcriptional activity of 2 selected housekeeping genes. The selected loci were mRNA sequences that exhibited time-dependent quantitative changes in a previous study. We collected 44 samples from 9 different patients, with 3-10 samples collected per patient. The amount of mRNA transcripts present in the serial samples showed a weak time-dependent correlation trend only in some cases. Further studies to evaluate different target mRNA sequences are necessary, as is exploration of additional methods to evaluate mRNA transcript degradation.

2D 애니메이션 제작공정 관리시스템

송혜정,주한규,송창근,박찬영 한국디지털콘텐츠학회 2007 한국디지털콘텐츠학회지 Vol.3 No.1

치매전문요양시설의 치매증상별 공간구성에 관한 연구

송혜정,오은진,김종인 대한건축학회 2001 대한건축학회 학술발표대회 논문집 - 계획계/구조계 Vol.21 No.2

The purpose of this study is to suggest appropriate architectural space in accordance with symptoms of dementia patients. The methods of the study are based on consideration of behavioral characteristics of dementia patients and comparative analysis of facility types through the case study. The results of case study show that patient units are separated by the stage of dementia patients. However, unit plans are almost similar. Conclusion suggests that availability of different unit space for different status of dementia patients would improve the quality of dementia care in the facilities.

고등학교 팽창과 실업계 교육 쇠퇴

송혜정,강태중 중앙대학교 한국교육문제연구소 2002 한국교육문제연구 Vol.- No.17