Article 39(Processing of sensitive information and personally identifiable information) #
(1) Where unavoidable to perform the following affairs, the head of a central administrative agency under the subparagraphs of Article 57(1) of the Act and paragraph (2) of that Article (including those delegated with authority pursuant to Article 33), a Mayor/Do Governor, the head of a Si/Gun/Gu, or a superintendent of education (if the relevant authority is delegated or entrusted, those delegated or entrusted with the authority) may process data including criminal history records (hereafter in this Article referred to as "criminal history information") under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, a resident registration number, passport number, or alien registration number (hereafter in this Article referred to as "resident registration number, etc.") under subparagraph 1, 2, or 4 of Article 19 of that Decree: <Amended on Nov. 29, 2016; Nov. 17, 2020; Dec. 29, 2020>
1. Affairs concerning checking and verification prescribed in Article 57(1) through (4) of the Act;
2. Affairs concerning the disclosure of the results of checking and verification prescribed in Article 57(6) of the Act;
3. Affairs concerning a request for dismissal and for closure of a child or youth-related institution, etc., and a request for revocation of registration, permission, etc. under Article 58 of the Act;
4. Affairs concerning the imposition and collection of administrative fines (limited to resident registration numbers, etc.) prescribed in Article 67 of the Act.
(2) When unavoidable to perform the following affairs, the Minister of Justice may process data including criminal history information and resident registration numbers: <Amended on Mar. 27, 2017>
1. Affairs concerning services for the execution of an order to notify under Article 51(2) and (3) of the Act;
2. Affairs concerning services for the execution of a disclosure order prescribed in Article 52(2) of the Act;
3. Affairs concerning a report of a person subject to probation prescribed in Article 63(1) of the Act.
(3) When unavoidable to perform the following affairs, the Minister of Gender Equality and Family (including the head of an Eup/Myeon office or the head of a Dong community center to whom the posting of notices on a bulletin board has been delegated from the Minister of Gender Equality and Family pursuant to Article 22) may process data including criminal history information and resident registration numbers: <Amended on Dec. 29, 2020; Sep. 26, 2023; Oct. 1, 2025>
1. Executing orders to notify information under Article 51 of the Act;
2. Executing orders to disclose information under Article 52 of the Act;
3. Granting monetary awards under Article 59 of the Act;
4. Giving notice of reports on the outcomes of educational programs, etc. for child or youth perpetrators under Article 13(1) (only applicable where educational programs, etc. have been conducted in a facility recommended by the Minister of Gender Equality and Family pursuant to Article 12(2)3);
5. Operating and managing a website dedicated to information for disclosure under Article 19.
(4) Deleted. <Dec. 29, 2020>
(5) When unavoidable to perform the following affairs, a public prosecutor may process data including resident registration numbers, etc.:
1. Deleted; <Nov. 17, 2020>
2. Affairs concerning requests for measures for victimized children, youth, etc. prescribed in Article 41 of the Act;
3. Affairs concerning requests for change of protective dispositions and termination thereof prescribed in Article 43(1) of the Act;
4. Affairs concerning the issuance of orders to child or youth perpetrators prescribed in Article 44(5) of the Act to participate in educational programs, etc.;
5. Deleted; <Nov. 17, 2020>
6. Deleted; <Nov. 17, 2020>
7. Affairs concerning receipt of notice of reports on the outcomes of educational programs, etc. for child or youth perpetrators prescribed in Article 13(1);
8. Affairs concerning revocation of orders to complete courses by child or youth perpetrators prescribed in Article 13(2).
(6) When unavoidable to perform the following affairs concerning inquiries into sex offense history and replies thereto under Article 56(4),(5) and (8) of the Act, the head of a central administrative agency, the head of a local government, a superintendent of education, the head of a district office of education, the head of institutions etc. related to children or youth, and the commissioner of a police agency having jurisdiction over approval for or reporting on the establishment or organization of institutions, etc. related to children or youth may process data including criminal history information and resident registration numbers. <Amended on Apr. 20, 2015; Nov. 29, 2016; Jul. 16, 2018; Sep. 26, 2023; Oct. 10, 2025>
(7) When unavoidable to perform affairs concerning notification of reports on the completion of educational programs, etc. for child or youth perpetrators prescribed in Article 13(1), a person who has conducted educational programs, etc. pursuant to Article 12(2)1 and 2 may process data including resident registration numbers, etc.