(1) In a lawsuit seeking damages resulting from an act in violation of this Act, the court may, upon a request of a party, order the other party to prove the damage or to submit data necessary for the calculation of the amount of damages: Provided, That this shall not apply if the person upon receipt of an order to submit data has good cause for refusing to do so.

(2) Where a person upon receipt of an order to submit data under paragraph (1) asserts that there is good cause for refusing to do so, the court may order the presentation of data in order to determine propriety of such assertion. In such cases, the court shall not allow others to view the data.

(3) Even if the data to be submitted under paragraph (1) are trade secrets under subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as “trade secrets”), if the data are absolutely necessary in proving damage or calculating the amount of damages, it shall not be deemed that there is good cause under the proviso of paragraph (1). In such cases, the court shall determine the scope of access or persons allowed access within the purpose of the submission order.

(4) Where the party upon receipt of an order to submit data under paragraph (1) fails to comply with the order without good cause, the court may recognize that the claim of the applicant on the description of data is true.

(5) In cases falling under paragraph (4), where the applicant who has requested the submission of data is in a considerably difficult situation to make a detailed assertion on the description of data and where it is also impractical to expect that other evidence would verify the facts to be proved by the data, the court may recognize that the claim of the applicant on the facts which he or she intends to verify through the description of the data is true.

(1) In a lawsuit seeking damages resulting from an act in violation of this Act, the court may order the following persons not to use the trade secrets held by the party for any purpose other than proceeding with the relevant lawsuit, by a decision upon the request of a party, or not to disclose to persons other than those who have received an order under this paragraph: Provided, That this shall not apply where the following persons have already acquired the trade secrets by means other than the perusal to briefs or the examination of evidence as of the time the application is filed:

1. The other party (referring to the representative in the case of a corporation);
2. A person who represents the party in the relevant lawsuit;
3. Any other person who has become aware of the trade secrets through the lawsuit.

(2) A person who applies for an order under paragraph (1) (hereinafter referred to as “confidentiality order”) shall account for all of the following points:

1. The trade secret is contained in briefs already submitted or to be submitted, evidence already examined or to be examined, or data submitted or to be submitted pursuant to Article 39-3 (1);
2. The trade secrets referred to in subparagraph 1, if used or disclosed for purposes other than for conducting said litigation, are likely to impede the business operation of the relevant party, so that it is required to place a restriction on the use or disclosure of such trade secrets in order to prevent the impediment.

(3) An application for a confidentiality order shall be made in writing stating the following:

1. A person who will be subject to the confidentiality order;
2. The facts sufficient to specify the trade secrets to be protected by the confidentiality order;
3. Facts falling under the subparagraphs of paragraph (2).

(4) Where a decision is made to issue a confidentiality order, the court shall serve the written decision on the person to whom the confidentiality order is to be issued.

(5) A confidentiality order shall take effect when the written decision referred to in paragraph (4) is served on the person subject to the confidentiality order.

(6) An immediate appeal may be filed against a judgment that dismisses, with or without prejudice, an application for a confidentiality order.

(1) Where there are facts or circumstances that do not correspond to the points in the subparagraphs of Article 39-4 (2), the person who has applied for a confidentiality order or the person who has received a confidentiality order may request the court that keeps the litigation records (if there is no court keeping the records, it refers to the court that issued the confidentiality order) to revoke the confidentiality order.

(2) When a court makes a decision on a request to revoke a confidentiality order, it shall serve a written decision on the applicant for request and the other party.

(3) An immediate complaint may be raised against a decision on revocation of a confidentiality order.

(4) A decision to revoke a confidentiality order shall take effect when it becomes final and conclusive.

(5) When a court decides to revoke a confidentiality order, it shall immediately notify a person to whom a confidentiality order of the relevant trade secret was issued, if any, of the fact that a decision is made to revoke the confidentiality order, in addition to the applicant for request to revoke the confidentiality order and the other party.

(1) Where a decision under Article 163 (1) of the Civil Procedure Act has been rendered for litigation records regarding lawsuit proceedings for which a confidentiality order had been issued (excluding lawsuit proceedings for which any and all confidentiality orders have been revoked), and the party has made a request for perusal, etc. of confidential records prescribed in that paragraph but the procedures for such request have been followed by a person not subject to a confidentiality order in the lawsuit at issue; a court official of Grade IV, V, VI, or VII (hereafter in this Article referred to as "court official of Grade V, etc.") shall notify the party who has made a request under that paragraph (excluding a person who has made the aforementioned request for perusal, etc.; hereafter in paragraph (3), the same shall apply) of the fact that the request for perusal, etc. was made immediately after the request.

(2) No court official of Grade V, etc. shall allow a person who has followed the procedures for the request for perusal, etc. to peruse the confidential records under paragraph (1) until two weeks have elapsed from the date the request under paragraph (1) was made (referring to the time when a judgment on the request becomes final and conclusive, if a request for issuing a confidentiality order to a person who has followed the request procedures is made within the period).

(3) Paragraph (2) shall not apply where all the parties who have filed a request under Article 163 (1) of the Civil Procedure Act give their consent to permitting a person who has made a request for perusal, etc. under paragraph (1) to peruse, etc. the confidential records under paragraph (1).

(1) A personal information controller that meets the criteria prescribed by Presidential Decree in consideration of sales and the scale of personal information retained shall take necessary measures such as purchasing insurance or joining a mutual aid organization or accumulating reserves to meet its liabilities for damages under Articles 39 and 39-2.

(2) Notwithstanding paragraph (1), any of the following need not take measures provided in paragraph (1):

1. A public institution, non-profit corporation, or organization prescribed by Presidential Decree;
2. A person who entrusts the processing of personal information to a person prescribed by Presidential Decree, who is a micro enterprise defined in Article 2 (1) of the Framework Act on Micro Enterprises;
3. A personal information controller that has purchased insurance or joined a mutual aid organization, or accumulated reserves pursuant to other statutes to cover liabilities for damages under Articles 39 and 39-2.

(3) Matters necessary for the criteria for meeting liabilities for damages, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[Moved from Article 39-9; previous Article 39-7 deleted]