(2) Upon receiving the demand pursuant to Paragraph (1), the personal information processor
shall, without delay, suspend to process the said personal information in whole or in part
as demanded by the data subject; provided, however, that, where any of the following
Subparagraphs is applicable, the personal information processor may reject the demand of
the said data subject:
1. Where it is specifically provided by law or it is inevitable to observe the obligations
under the laws and regulations;
2. Where it may probably cause damage to the life or body of others, or improper
violation of properties and other benefits of others;
3. Where the public institution cannot carry out its work as stated by other laws without
processing the personal information in question; or
4. Where the data subject fails to express explicitly termination of the contract even though
it is difficult to perform the contract such as provision of service as agreed upon with
the said data subject without processing the personal information in question.
(3) When rejecting the demand pursuant to the proviso of Paragraph (2), the personal
information processor shall, without delay, notify the data subjects of the reason.
(4) The personal information processor shall, without delay, take necessary measures
including destruction of the relevant personal information when suspending the processing
of personal information as demanded by data subjects.
(5) Necessary matters in relation to the method and procedure of the demand or rejection of
suspension of processing, notification, etc. pursuant to Paragraphs (1) through (3) shall be
provided by the Presidential Decree.
Article 38 (Method and Procedure for Excercise of Rights)
(1) The data subject may delegate to his/her attorney the access pursuant to Article 35,
correction or deletion pursuant to Article 36, demand to suspend the processing pursuant to
Article 37 (hereinafter referred to as collectively the "access demand") in writing or in the
way and procedure as stated by the Presidential Decree.
(2) The legal representative for the minor of age below 14 may request the access demand
for the minor to the personal information processor.
(3) The personal information processor may demand from the person who requests the access
demand the fee and postage (only in case of request mailing of the photocopy) as stated
by the Presidential Decree.
(4) The personal information processor shall prepare the detailed method and procedure to
enable the data subjects to do the access demand, and make it public to the said data
subjects.
(5) The personal information processor shall prepare, and guide towards, necessary procedure
for data subjects to raise objections against its rejection to the access demand from the
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