(1) Where a credit information company, etc., and other persons provided with credit information from the credit information company, etc. violate this Act and inflict damage to a credit data subject, they shall be held liable for such damage; provided, in cases where a credit information company, etc., and other persons provided with credit information from the credit information company, etc. have proven an absence of intention or negligence, this shall not apply. <Amended on Feb. 4, 2020>
(2) Where a credit information company, etc. or any other credit information user (including a consignee; hereafter the same shall apply in this Article) is responsible for divulging any personal credit information, in violation of this Act by intent or gross negligence, or inflict to a credit data subject any damage arising from the loss, stealth, divulgence, alteration or compromise thereof, it shall be responsible to compensate the damage within the limit not exceeding five times the damage; provided, this shall not apply where a credit information company, etc. or any other credit information user proves that it has had no such intention or has not committed gross negligence. <Added on Mar. 11, 2015; Feb. 4, 2020>
(3) In determining an amount to be compensated under paragraph (2), the court shall take the following matters into consideration: <Added on Mar. 11, 2015>
1. Degree of the knowledge of the possible intention or occurrence of loss;
2. Extent of damage suffered from the violation;
3. Economic gains acquired by the credit information company, etc. or any other credit information user by committing the violation;
4. Fines and penalty surcharges for the violation;
5. Duration, frequency, etc. of the violation;
6. Economic status of the credit information company, etc. or any other credit information user;
7. Degree of efforts exercised by the credit information company, etc. or any other credit information user in recollecting the relevant personal credit information after the loss, stealth, or leakage thereof;
8. Degree of efforts exercised by the credit information company, etc. or any other credit information user for damage relief.
(4) Where a claims collection agency or a delegated claims collector has inflicted damage to debtors and persons related therewith, he or she shall be held liable for such damage; provided, where he or she has proven an absence of intention or negligence on his or her part, this shall not apply. <Amended on Mar. 11, 2015; Feb. 4, 2020>
(5) Where a credit information company has inflicted damage to a client for reasons attributable to the credit information company, it shall be held liable for such damage. <Amended on Mar. 11, 2015; Feb. 4, 2020>
(6) Where a person entrusted with the processing of credit information under Article 17(1) has inflicted damage to a credit data subject, in violation of this Act, the entrusting and entrusted persons shall be jointly and severally held liable for such damage. <Amended on Mar. 11, 2015; Feb. 4, 2020>
(7) Where a delegated claims collector has violated this Act or the Fair Debt Collection Practices Act and inflicted damage to debtors or persons related therewith under the Fair Debt Collection Practices Act, the claims collection agency and delegated claims collector shall be jointly and severally held liable for such damage; provided, where the claims collection agency has proven an absence of intention or negligence on its part in the appointment and management of the delegated claims collector, this shall not apply. <Amended on Mar. 11, 2015; Feb. 4, 2020>