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ENFORCEMENT DECREE OF THE DEFENSE TECHNOLOGY SECURITY ACT

Presidential Decree No. 27264, jun. 28, 2016

Amended by Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Defense Technology Security Act and those necessary for the enforcement thereof.
 Article 2 (Defense Technology Security Systems)
(1) A system for identifying and managing a technology subject to security control referred to in subparagraph 3 (a) of Article 2 of the Defense Technology Security Act (hereinafter referred to as the “Act”), means the following:
1. A system for classifying and identifying defense technologies that a target institution possesses or has secured through research and development;
2. A human and physical system for systematically accumulating and managing information related to defense technology.
(2) A system for access control and facility protection referred to in subparagraph 3 (b) of Article 2 of the Act shall mean the following:
1. A system for controlling human access through the appointment of a person responsible for the security of defense technology, the designation of a protected area, and access restriction;
2. A facility protection system for detecting illegal access to defense technology through the installation of security equipment in a protected area.
(3) An information security system referred to in subparagraph 3 (c) of Article 2 of the Act means the following:
1. A security system that uses encryption technology, etc. for the safe storage and transmission of defense technology;
2. A protective system established by means of the installation of software for preventing the intrusion of defense technology by computer viruses, etc.;
3. A protective system established by means of the installation of firewall and security control system for detecting and blocking any intrusion to defense technology information;
4. A system to block external networks’ access to systems, computers, etc., that have access to defense technology information.
 Article 3 (Formulation of Comprehensive Plans)
The Minister of Defense Acquisition Program Administration shall formulate a comprehensive plan on the security of defense technology, prescribed in Article 4 of the Act (hereinafter referred to as "comprehensive plan") by December 20 of the year prior to its implementation.
 Article 4 (Formulation of Action Plans, etc.)
(1) The Minister of Defense Acquisition Program Administration shall formulate an action plan for the security of defense technology prescribed in Article 5 (1) of the Act (hereinafter referred to as "action plan") by December 20 of the year preceding its implementation.
(2) Where it is necessary to formulate an action plan, the Minister of Defense Acquisition Program Administration may request submission of necessary data from the head of a relevant administrative agency, such as the head of an information and investigation agency referred to in Article 6 (3) 4 of the Act (hereinafter referred to as “information and investigation agency”), and the head of a target institution.
(3) Where the Minister of Defense Acquisition Program Administration establishes an action plan, he/she shall notify it to the head of a relevant administrative agency and the head of a target institution.
 Article 5 (Composition and Operation of Defense Technology Security Committee)
(1) “Persons prescribed by Presidential Decree” under Article 6 (3) 1 of the Act means the following:
1. Head of the Office of Military Force and Resources Management of the Ministry of National Defense, and the Chief Director of the Defense Intelligence Agency;
2. Vice Minister of the Defense Acquisition Program Administration;
3. Head of the Chief Directorate of Strategic Planning of the Joint Chiefs of Staff;
4. Vice Chief of Staff of the Army, the Vice Chief of Staff of the Navy, and the Vice Chief of Staff of the Air Force.
(2) The “information and investigation agencies determined by Presidential Decree” under Article 6 (3) 4 of the Act shall mean the following institutions: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. National Intelligence Service;
2. Prosecutors’ Office;
3. National Police Agency;
4. Korea Coast Guard;
5. Defense Security Command.
(3) The term of office of the members of the Committee prescribed in Article 6 (3) 5 of the Act, shall be three years, and may be consecutively renewed only twice.
(4) The chairperson (hereinafter referred to as the “chairperson”) of the Defense Technology Security Committee prescribed in Article 6 (1) of the Act (hereinafter referred to as the "Committee") shall represent the Committee and have general supervision over and control of its affairs.
(5) Where the chairperson is unable to perform any of his/her duties in extenuating circumstances, the vice chairperson shall act on his/her behalf.
(6) Meetings of the Committee shall be convened when at least 1/3 of its incumbent members so request or when it is recognized as necessary by the chairperson.
(7) A majority of the members of the Committee shall constitute a quorum, and any decision thereof, which shall be made by an open vote, shall require the concurring vote of a majority of those present.
(8) Matters necessary for the composition and operation of the Committee, other than those otherwise expressly prescribed in paragraphs (1) through (7), shall be determined by the chairperson by a resolution of the Committee.
 Article 6 (Matters to Be Deliberated by Defense Technology Security Committee)
“Other matters determined by Presidential Decree” under Article 6 (1) 4 of the Act shall mean matters related to amending important contents of a comprehensive plan.
 Article 7 (Composition and Operation of Working Committee)
(1) The working committee prescribed in Article 6 (4) of the Act (hereinafter referred to as the “working committee”) shall be comprised of not more than 25 members, including one chairperson.
(2) The Vice Minister of the Defense Acquisition Program Administration shall become the chairperson of the working committee, and its members shall be appointed or commissioned from among the following persons by the Minister of National Defense on the recommendation of the chairperson of the working committee:
1. Persons recommended by any member of the Committee falling under Article 6 (3) 1, 2, or 4 of the Act from among the public officials of Grade IV or higher or the field-grade officers of the institution to which he/she belongs;
2. Persons recommended by any member of the Committee falling under Article 6 (3) 3 of the Act, from among the employees of the institution where he/she belongs;
3. Other persons who have extensive knowledge and experience in the security of defense technology.
(3)  The term of office of the members of the working committee prescribed in paragraph (2) 2 and 3 shall be three years, and may be consecutively renewed only twice.
(4) The working committee shall have one secretary to be in charge of handling its affairs, who shall be appointed by the chairperson of the working committee from among members falling under paragraph (2) 1.
(5)  Matters necessary for the composition and operation of the working committee, other than those prescribed in paragraphs (1) through (4), shall be determined by the chairperson of the working committee by a resolution of the working committee.
 Article 8 (Matters to Be Deliberated upon by Working Committee)
“Matters prescribed by Presidential Decree” under Article 6 (4) 2 of the Act shall mean matters necessary for consultation on, or coordinating, policy tasks related to the prevention of divulgence of, and the security of, defense technology.
 Article 9 (Exclusion, Evasion of and Challenge to Committee Members)
(1) Where any member of the Committee or the working committee falls under any of the following, he/she shall be excluded from deliberating and passing resolutions on the relevant case:
1. If a member, him/herself, or his/her current or former spouse is a party to the relevant case or a joint holder of any right or liability with a party to the relevant case;
2. If a member is or was a relative to a party to the relevant case;
3. If a member has provided a testimony, statement, advice, research, service, or appraisal with regard to the relevant case;
4. If a member, or a corporation, organization, etc. where the member belongs, is or was involved in the relevant case as the representative of a party to the relevant case.
(2) If the circumstances indicate that fair deliberations and resolutions by a member are unlikely, the party to the relevant case may file a request for evasion of the member with the Committee or the working committee, and the Committee or the working committee shall pass a resolution determining whether to accept the request. In such cases, the member subject to the request for evasion shall abstain from making such decision.
(3)  If a member of the Committee or the working committee falls under any cause for exclusion prescribed in paragraph (1), he/she shall refrain from the deliberation and decision of the relevant case.
 Article 10 (Dismissal of Commissioned Members)
(1) Where a member of the Committee pursuant to Article 6 (3) 5 of the Act falls under any of the following cases, the Minister of National Defense may dismiss him/her:
1. Where he/she is not capable of conducting his/her duties due to a mental incapacity;
2. Where he/she has committed an irregularity in relation to his/her duties;
3. Where he/she is deemed to be inappropriate to serve as a member due to neglecting duties, loss of dignity, or any other reasons;
4. Where he/she has failed to refrain despite falling under any of the subparagraphs of Article 9 (1);
5. Where he/she voluntarily expresses that it is difficult for him/her to conduct his/her duties.
(2) Where a member of the working committee prescribed in Article 7 (2) 2 or 3 falls under any of the subparagraphs of paragraph (1), the Minister of National Defense may dismiss such member.
 Article 11 (Designation, Change, Cancellation of Designation, etc. of Defense Technology)
(1) In any of the following cases, the Minister of Defense Acquisition Program Administration may designate defense technology pursuant to Article 7 (1) of the Act, or change or cancel the designation of the defense technology under Article 7 (3) of the Act:
1. When the relevant administrative agency or target institution requests the designation, or change, or cancelation of the designation of defense technology;
2. When a reason arises for the designation, change, or cancelation of the designation of defense technology, due to changes in the technological environment, development of more advanced defense technology, etc.
(2) Where the relevant administrative agency or target institution intends to request the designation, change, or cancelation of the designation of defense technology, it shall submit the following materials to the Minister of Defense Acquisition Program Administration:
1. Scope and details of the relevant technology;
2. Reason for the request for the designation, change or cancellation of the designation;
3. Other reference materials related to the request for the designation, change or cancellation of the designation of defense technology.
(3) Where the request is deemed reasonable during a comprehensive consideration of the matters specified in the subparagraphs of paragraph (2), the Minister of Defense Acquisition Program Administration shall request deliberation on the designation, change or cancellation of the designation of the relevant defense technology.
 Article 12 (Statement of Opinions by Interested Parties)
(1) Where a request is made by an interested party under Article 7 (5) of the Act, the Committee shall require him/her to attend a meeting of the Committee or provide him/her with an opportunity to state his/her opinions in writing (including electronic documents; hereinafter the same shall apply).
(2) Any person who intends to state his/her opinions in writing pursuant to paragraph (1), shall submit to the Committee a written opinion statement of an interested person, containing the following matters determined by Ordinance of the Ministry of National Defense, together with other materials necessary for decision-making:
1. Type of relevant technology;
2. Ground for requesting an opportunity to state opinions;
3. Gist of his/her opinions.
 Article 13 (Application, etc. for Judgement of Defense Technology)
(1) An institution that intends to ask for the determination on whether the technology it possesses is qualified as defense technology under Article 7 (6) of the Act, shall submit to the Minister of Defense Acquisition Program Administration an application for defense technology evaluation prescribed by Ordinance of the Ministry of National Defense together with the following documents:
1. Data on the features, purposes, and performance of the technology it possesses;
2. Other additional materials necessary for decision on defense technology.
(2) The Minister of Defense Acquisition Program Administration in receipt of an application filed under paragraph (1), shall determine whether the relevant technology qualifies as defense technology within 15 days from the date of receiving the application, and inform the result thereof to the applicant in writing: Provided, That where it is necessary to conduct a technical examination of the technology for which the application for judgement is made, no period required for such technical examination shall be included in the period specified in the main sentence.
(3) Where a technical examination referred to in the proviso to paragraph (2) is required, the Minister of Defense Acquisition Program Administration shall inform the applicant of a time period required for such examination.
(4) Where the Minister of Defense Acquisition Program Administration determines the relevant technology as defense technology under paragraph (2), he/she shall issue the applicant with a defense technology certificate prescribed by Ordinance of the National Defense.
 Article 14 (Security of Defense Technology When Conducting Research and Development Projects)
The measures for defense technology security by research and development phase referred to in Article 8 (1) of the Act shall include the following:
1. Matters related to the protection of the outcomes of research and development by phase;
2. Matters related to access control and facility protection;
3. Matters related to the prevention of cyber attacks such as hacking;
4. Other matters necessary for the management of defense technology security systems.
 Article 15 (Security of Defense Technology at Time of Exportation or Domestic Transfer)
(1)  In accordance with Article 9 (3) of the Act, the Minister of Defense Acquisition Program Administration may take the following measures during the course of exportation of defense technology:
1. Review protective measures against illegal transfer, abuse, misuse, loss, theft, etc.;
2. Verify and review matters necessary for the security of defense technology by country for export.
(2) In accordance with Article 9 (3) of the Act, the Minister of Defense Acquisition Program Administration may take the following measures during the course of domestic transfer of defense technology:
1. Verify the establishment of a defense technology security system by a target institution for domestic transfer;
2. Verify and review matters necessary for the security of defense technology by target institution for domestic transfer.
 Article 16 (Report on Divulgence or Intrusion of Defense Technology, etc.)
(1) Where the head of a target institution intends to make a report on divulgence or intrusion of defense technology or ask for necessary measures under Article 11 (1) of the Act, he/she shall submit a written report on divulgence or intrusion of defense technology or a written request for measures determined by Ordinance of the Ministry of National Defense to the Minister of Defense Acquisition Program Administration or the head of an information and investigation agency: Provided, That if an action is urgently needed, he/she shall file a report or a request for measures orally or using the information and communications network, etc., and then, immediately submit a written report on divulgence or intrusion of defense technology or a written request for measures.
(2) Upon recognition of any prohibited act under Article 10 of the Act or receipt of a report or a request for measures under Article 11 (1) of the Act, the Minister of Defense Acquisition Program Administration and the head of an information and investigation agency may take necessary measures through mutual cooperation, including a request for data, etc.
 Article 17 (Fact-Finding Survey for Security of Defense Technology)
(1) The scope of a fact-finding survey referred to in Article 12 (1) of the Act shall be as follows:
1. Current status of the establishment and operation of a defense technology security system by a target institution;
2. Current status of the development and implementation of measures necessary for the security of defense technology under Article 8 of the Act;
3. Current status of the development of measures necessary for the security of defense technology as at the time of exportation or domestic transfer under Article 9 of the Act;
4. Other matters on which a fact-finding survey must be conducted to understand the current conditions of the establishment and operation of a defense technology security system.
(2) The Minister of Defense Acquisition Program Administration may, where it is necessary in relation to the conduct of an actual condition investigation, may request cooperation from the head of a relevant administrative agency.
 Article 18 (Establishment and Operation of Defense Technology Security Systems, etc.)
(1) Where the Minister of Defense Acquisition Program Administration intends to issue an improvement recommendation under Article 13 (2) of the Act or a corrective order under Article 13 (3) of the Act, he/she shall issue it in writing by specifying the details of the improvement recommendation or corrective order, its implementation period, etc.
(2) The head of a target institution in receipt of an improvement recommendation under Article 13 (2) of the Act or a corrective order under Article 13 (3) of the Act, shall submit the results of the implementation thereof in writing to the Minister of Defense Acquisition Program Administration within 30 days after the implementation period: Provided, That when the head of a target institution deems it impracticable to comply with the improvement recommendation or corrective order due to unavoidable reasons or impossible to complete compliance measures within the implementation period, he/she may submit written explanatory materials to the Minister of Defense Acquisition Program Administration or ask him/her to extend the implementation period.
 Article 19 (Support for Security of Defense Technology)
(1) Where the Minister of Defense Acquisition Program Administration intends to provide support for the matters specified in the subparagraphs of Article 14 (1) of the Act, he/she shall formulate a support plan, and publicly announce the details of support, procedures for applying for support, etc. in advance.
(2) The detailed scope of support for the matters specified in the subparagraphs of Article 14 (1) of the Act shall be as follows:
1. Consultation on and financial support for the establishment and operation of a defense technology security system:
(a) Examination and consultation on the level of security of defense technology, security vulnerabilities, etc.;
(b) Financial support for the design, establishment, and operation of a security system appropriate for the security of defense technology;
2. Support for fostering professional human resources in defense technology security:
(a) Opening of education courses related to defense technology security and the provision of education materials;
(b) Dispatch of professional instructors and the nurturing of professional human resources in education;
3. Technical support, and support for technology development, for the security of defense technology:
(a) Research and development, evaluation and practical research, and dissemination and diffusion of technologies for the security of defense technology;
(b) Cause analysis and response support when divulgence or intrusion of technology occurs through the information and communications network such as network, system, etc.;
4. Other necessary matters for the security of defense technology of a target institution, including the prevention of divulgence of defense technology, recovery from intrusion of the same, etc.
(3) Where the head of a target institution intends to obtain support under Article 14 (1) of the Act, he/she shall file an application for support in accordance with the public announcement procedures pursuant to paragraph (1).
(4) Upon receipt of an application for support under paragraph (3), the Minister of Defense Acquisition Program Administration may provide necessary support, including financial support, etc., within the budget, in consultation with the head of a relevant administrative agency, the President of the Agency for Defense Development, and the President of the Defense Agency for Technology and Quality; Provided, That when it is not possible to provide support, he/she shall inform the reason therefor to the head of the relevant target institution.
(5) The Minister of Defense Acquisition Program Administration may form and operate an advisory group in order to provide support for the security of defense technology.
 Article 20 (Scope of Projects for International Cooperation)
The projects for which international cooperation is necessary under Article 15 of the Act shall be as follows:
1. Establishment of a collaborative system on the international level for the security of defense technology, and the sharing of institutions and policies for technology security;
2. International investigation and research on the technical methods for the security of defense technology;
3. International exchanges of professional human resources in the security of defense technology;
4. Other matters necessary to promote international cooperation for the security of defense technology.
 Article 21 (Education on Security of Defense Technology)
(1)  In accordance with Article 16 (1) of the Act, the Minister of Defense Acquisition Program Administration may educate executive officers and other employees of a target institution, on the security of defense technology, covering the following matters, at least once a year:
1. Laws, regulations, and guidelines on the security of defense technology;
2. Current status of divulgence of defense technology, and response measures including actual response cases, etc.;
3. Other matters recognized as necessary for the security of defense technology.
(2) In accordance with Article 16 (2) of the Act, the head of a target institution shall educate its executive officers and other employees on the security of defense technology, covering the matters specified in paragraph (1), every year, and submit the results thereof to the Minister of Defense Acquisition Program Administration within 30 days from the completion of education.
(3) The Minister of Defense Acquisition Program Administration may ask the head of a relevant administrative agency or an institution specialized in technology security to provide support for education on defense technology security in order to provide education pursuant to paragraph (2).
 Article 22 (Reward, etc. for Security of Defense Technology)
(1) The Minister of Defense Acquisition Program Administration shall grant a person a reward or a monetary reward under Article 17 (1) of the Act from among those who file an application following a public announcement or those who are recommended by related institutions.
(2) Upon receipt of an application or recommendation under paragraph (1), the Minister of Defense Acquisition Program Administration shall determine whether or not to give a reward or a monetary reward and the amount to be paid, as prescribed by Ordinance of the Ministry of National Defense, and inform the details of such decision to the relevant applicant or the institution which has made the recommendation within 15 days from the date of the decision.
 Article 23 (Standards for Imposition of Administrative Fines)
In accordance with Article 24 (1) of the Act, the Minister of Defense Acquisition Program Administration shall impose and collect administrative fines pursuant to the attached Table.
ADDENDUM
This Decree shall enter into force on June 30, 2016.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of the Addenda, the amended parts of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which have not arrived, shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively.
Articles 2 through 8 Omitted.