Countermeasures for memory hacking damages
Request for suspension of payment
- A victim with monetary damage due to memory hacking should immediately request a police station or financial company for suspension of payment (refer to Article 3 of “Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund for Loss”).
Fixing PC infected with malignant program
- If the abnormalities occur when accessing the website of a bank, financial company, etc. there is a possibility that the PC being used is infected with a malignant program and needs to be fixed.
Compensation for damages following hacking of financial company, etc.
- When a user suffers any loss due to an incident caused by the use of a means of access acquired by fraudulent or other illegal means by invading electronic apparatus for electronic financial transactions or an information and communication network (Subparagraph 1 of Article 2(1) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”) the relevant financial company or electronic financial business entity should be liable for indemnifying him or her for the loss (Subparagraph 3 of Article 9(1) and Article 9(2) of the “Electronic Financial Transactions Act”).
- Therefore a claim for damages can be made against the financial company for damages incurred due to hacking accidents, such as memory hacking that steal financial transaction information by infecting the victim’s PC with a malignant program.
Punishment for memory-hacking damages
Punishment for spreading malicious program
- No one should mutilate, destroy, alter, or forge an information and communications system, data, program, or similar without good cause, nor should he or she convey or spread a program that is likely to interrupt operation of such system, data, program, or similar (Article 48(2) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).
- A person that fails to comply with the aforementioned law and conveys or spreads a malicious program is punished by imprisonment with labor for up to seven (7) years or by a fine not exceeding 70 million won (Article 70-2 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).
Prohibition of mutilation and divulgence of information, etc. through hacking
- No one should mutilate another person's information processed, stored, or transmitted through an information and communications network, nor should he or she infringe, misappropriate, or divulge another person's secret (Article 49 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).
- A person who violates the above and damages another person's information or who infringes, misappropriates, or divulges another person's secret is punished by imprisonment with labor for up to five (5) years or by a fine not exceeding 50 million won (Subparagraph 11 of Article 71(1) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection”).