Collective Dispute Mediation
(1) The State, a local government, a data protection organization or institution, a data subject, and a personal information controller may request or apply for a collective dispute mediation (hereinafter referred to as “collective dispute mediation”) to the Dispute Mediation Committee where damages or infringement on rights occur to multiple data subjects in an identical or similar manner, and such incident is such as prescribed by Presidential Decree.
(2) Upon receipt of a request or an application for collective dispute mediation under paragraph (1), the Dispute Mediation Committee may commence, by its resolution, collective dispute mediation proceedings pursuant to paragraphs (3) through (7). In such cases, the Dispute Mediation Committee shall publicly announce the commencement of such proceedings for a period prescribed by Presidential Decree.
(3) The Dispute Mediation Committee may accept an application from any data subject or personal information controller other than the parties to the collective dispute mediation to participate in the collective dispute mediation additionally as a party.
(4) The Dispute Mediation Committee may, by its resolution, select one or a few persons as a representative party, who most appropriately represents the common interest among the parties to the collective dispute mediation pursuant to paragraphs (1) and (3).
(5) When the personal information controller accepts a collective dispute mediation award presented by the Dispute Mediation Committee, the Dispute Mediation Committee may advise the personal information controller to prepare and submit a compensation plan for the benefit of the non-party data subjects suffered from the same incident.
(6) Notwithstanding Article 48 (2), if a group of data subjects among a multitude of data subject parties to the collective dispute mediation files a lawsuit before the court, the Dispute Mediation Committee shall not suspend the proceedings but exclude the relevant data subjects, who have filed the lawsuit, from the proceedings.
(7) The period for collective dispute mediation shall not exceed 60 days from the following day when public announcement referred to in paragraph (2) ends: Provided, That the period can be extended by the resolution of the Dispute Mediation Committee in extenuating circumstances.
(8) Other necessary matters, such as the procedures for collective dispute mediation, shall be prescribed by Presidential Decree.