Which personal information handlers without a Korean address or place of business must appoint a domestic representative, and for which matters does that representative act?
General information · Not legal advice
Material to check
In a practice file for this exercise, we read the papers showing whether the handler has any address or place of business in Korea, the figures for revenue and the scale of personal information held, the written designation naming the domestic representative, and the list of the matters the representative is to handle.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written: a personal information handler with no address or place of business in Korea falls within the duty where it is one of those the Presidential Decree designates in light of revenue and the scale of personal information held, and that handler must appoint a person to act as its agent for handling complaints and damage relief related to the processing under the referenced provision, for notification and reporting leaks, and for submitting goods, documents and other materials, with the designation made in writing.
Another reading notes that the first of the three matters reaches only complaints and damage relief connected with the processing the referenced provision describes, so a file recording a complaint about a matter outside that processing shows a matter this appointment does not carry.
Your judgment
Which revenue figures and which measure of the volume of personal information held would place this handler among those the Presidential Decree designates?
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 setting which handlers must appoint is amended to add or remove a factor, or if this provision is amended to change the matters the representative handles.