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Laws › Enforcement Decree of the Personal Information Protection Act › CHAPTER VI GUARANTEE OF RIGHTS OF DATA SUBJECTS

Enforcement Decree of the Personal Information Protection Act — Article 44-2 (Methods and procedures for requesting refusal, and explanation of automated decisions)

개인정보 보호법 시행령 제44조의2

This English translation is based on the Korean text effective 2025-03-13. The Korean law has since been amended (current version effective 2026-09-11) — check the Korean original.

(1) Where a data subject rejects an automated decision under Article 37-2 (1) of the Act (hereinafter referred to as "automated decision") pursuant to the main clause of the same paragraph, the data subject shall comply with the methods and procedures for disclosure prepared by the personal information controller pursuant to Article 44-4 (1) 5.

(2) The data subject may request a personal information controller to provide the following explanation or review on an automated decision pursuant to Article 37-2 (2) of the Act; in such cases, the data subject's request for explanation or review shall be in accordance with the methods and procedures established by the personal information controller and disclosed under Article 44-4 (1) 5:

1. Explaining the standards for the relevant automated decision and the processing process, etc. of the relevant automated decision;

2. Review of whether a data subject submits opinions, such as the addition of personal information, etc., and the personal information controller can reflect the relevant opinions in an automated decision.

(3) Article 41 (2) shall apply mutatis mutandis to matters to be observed where a personal information controller prepares the methods and procedures for refusing, explaining, and reviewing automated decisions by data subjects under paragraphs (1) and (2) (hereinafter referred to as "request for refusal, explanation, etc."). In such cases, "request for inspection" shall be construed as "request for refusal, explanation, etc."[This Article Added on Mar. 12, 2024]

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