IIn accordance with Art. 31 and 32 of Act on Promotion of the Provision and Use of Public Data, application for dispute mediation and its handling proceeds. You can apply for dispute mediation at the homepage of the Open Data Mediation Committee, by fax, by phone, by email, or by simply visiting.
* An applicant can apply for mediation with the Open Data Mediation Committee within 60 days from the notification of non-provision of public data or termination of provision of public data.
1Receipt of a case and its
An applicant can apply for dispute mediation related to refusal or termination of provision of public data through our website, by mail, by fax, or by visiting personally or through an agent. One may apply during counseling on refusal or termination of provision of public data or while processing reporting cases. When a case is received for dispute mediation, its applicant and his or her counterpart are each notified thereof.
2Fact checking and hearing
A case officer checks facts related to the dispute to be mediated through data collection by using various means such as phone, mail, email, and fax, and when completed, creates a fact-checking report and therewith sends the case to the Committee
settlement prior to
Prior to mediation, Open Data Mediation Committee can recommend settlement so that a dispute may be dissolved through voluntary efforts by parties involved, and if the parties reach an agreement on recommendation of settlement, the case is concluded.
If settlement is not reached, mediation starts through the Committee. Once the mediation proceeds, the Committee implements necessary procedures such as hearing parties involved, collecting evidences, and consulting experts before it presents a reasonable mediator's proposal and recommends its acceptance, in which case the applicant and his or her counterpart can attend a session of the Committee to give their case. An applicant reserves the right to withdraw the application while the mediation procedure is under way, provided he or she does not want any more mediation for reasons of a fair settlement being reached.
5Completion of mediation
Mediation is established if the applicant and his or her counterpart accept a decision on mediation made by Open Data Mediation Committee within 15 days from the date of decision. In case parties involved want to accept a mediator's proposal from the Committee, they shall sign and apply a seal on the mediation form delivered by the Committee and submit it to the Committee. Provided both parties accept the mediator's proposal, the mediation is established and drawn up, thus terminating the mediation procedure. In case either party fails to accept the mediator's proposal, he or she may can choose to file a legal action or give up on the case.
6Effect of mediation
When mediation is completed with an applicant and his or her counterpart accepting mediation by Open Data Mediation Committee, Art. 32 Section 9 of Act on Promotion of the Provision and Use of Public Data assumes that a settlement (reconciliation through legal action) has been established between the parties, as specified in the mediator's proposal.