said data subjects. Article 39 (Responsibility for Damages) (1) Any data subject who suffers damage caused by the personal information processor in violation of this Act may claim for the damages against the personal information processor. In this case, the said personal information processor may not be released from the responsibility for damages if it fails to prove non-existence of its wrongful intent or negligence. (2) The responsibility for damages of the personal information processor who caused the loss, theft, leak, alteration or damage of personal information may be reduced only if it proves compliance with this Act and non-negligence of due care and supervision. CHAPTER VI. PERSONAL INFORMATION DISPUTE MEDIATION COMMITTEE Article 40 (Establishment and Composition of Committee) (1) The Personal Information Dispute Mediation Committee (hereinafter referred to as the "Dispute Mediation Committee") shall be established to mediate any dispute over personal information. (2) The Dispute Mediation Committee shall consist of not more than 20 members, including one Chairman, and one of the Committee members shall be standing. (3) The Committee members shall be appointed or commissioned by the Minister of Public Administration and Security from among the persons stated in any of the following Subparagraphs: 1. Public officials who belong to the College of High-ranking Government Officials of the central administrative departments or agencies in charge of data protection, or persons who presently work or have worked at equivalent positions in the public sector and related organizations, and have job experiences in data protection; 2. Persons who presently serve or have served as associate professors or higher positions in universities or in publicly recognized research institutes; 3. Persons who presently serve or have served as judges, public prosecutors, or attorneys-at-law; 4. Persons recommended by data protection-related civic organizations or consumer groups; or 5. Persons who presently work or have worked as senior officers for the trade associations composed of personal information processors. (4) The Chairman shall be appointed by the Minister of Public Administration and Security from among the Committee members except public officials. - 22 -

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