Which bodies may ask for group dispute adjustment, and what has to happen before that procedure actually begins?
General information · Not legal advice
Material to check
In a practice file we read the request or application for group dispute adjustment, checking who signed it, since the provision names the bodies entitled to act, and the committee's resolution opening the procedure, together with the public notice announcing it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the list of actors in the provision as closed: a state or local government, a personal information protection association or body, an information subject, or a personal information processor may refer or apply for lump-sum adjustment, but only where the harm or infringement occurred to many information subjects in the same or a similar type, and only for cases as set by Presidential Decree.
Another reading stresses that a referral or application alone does not start the procedure: the dispute adjustment committee may open the group dispute adjustment procedure by its resolution, and must then give public notice of the opening for the period set by Presidential Decree, so the scope of who may act runs together with what the committee resolves to do.
Your judgment
When the harm reached many information subjects, how could a file show that the types were the same or similar enough to fall within the cases the Presidential Decree sets?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the Presidential Decree sets out which cases qualify, or if an amendment or decision explains how far the same or similar type requirement reaches.