(1) Where deemed necessary for collecting evidence upon request of the party in a lawsuit against the infringement of copyright or other rights protected pursuant to this Act, the court may order the other party to provide the following information that he or she holds or knows:
1. Information capable of identifying the act of infringement or a party related to the production and distribution of illegal copies;
2. Information on the routes of production and distribution of illegal copies.
(2) Notwithstanding the provisions of paragraph (1), the other party may refuse to provide information in any of the following cases:
1. Where a person who falls under any of the following subparagraphs might be indicted or found guilty:(a) The other party;(b) A person who is or was a relative of the other party;(c) Guardian of the other party;
2. Where it is intended to protect trade secrets (referring to trade secrets under subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act; hereinafter the same shall apply) or privacy, or where other reasonable grounds for refusing the provision of information exist.
(3) Where the other party fails to comply with the order to provide information without good cause, the court may recognize argument on information by the party as true.
(4) Where deemed necessary to determine whether there are reasonable grounds prescribed in paragraph (2) 2, the court may require the other party to provide necessary information. In such cases, the court shall not disclose the provided information to anyone, unless it is necessary to hear the opinion of the party who has requested the provision of information or his or her representative in order to determine whether reasonable grounds exist.[This Article Added on Dec. 2, 2011]