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THREE-DIMENSIONAL PRINTING INDUSTRY PROMOTION ACT

Act No. 13582, Dec. 22, 2015

Amended by Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to build foundations for the development of the three-dimensional printing industry and contribute to improving people's lives and developing the national economy by providing for matters necessary for promoting the three-dimensional printing industry.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "three-dimensional printing" means creating three-dimensional shapes with electronic information for materializing three-dimensional forms (hereinafter referred to as "three-dimensional drawings") using an automated output device;
2. The term "three-dimensional printing industry" means the industry involving developing, producing, manufacturing, or distributing equipment, materials, software, content, etc. related to three-dimensional printing or providing services related to such activities;
3. The term "three-dimensional printing business" means economic activities related to the three-dimensional printing industry;
4. The term "three-dimensional printing service business" means a business of providing three-dimensional printing services for users under supply contracts made with users, among three-dimensional printing businesses;
5. The term "user" means a person who uses equipment, materials, software, or content for three-dimensional printing or a person to whom services are provided using such equipment, materials, software, or content.
 Article 3 (Responsibility of Government)
The Government shall endeavor to promote the three-dimensional printing industry and create a safe environment for use of the industry.
 Article 4 (Relationships to other Acts)
Except as otherwise expressly provided by any other Act, this Act shall apply to the promotion, support, etc. of the three-dimensional printing industry.
 Article 5 (Formulation and Implementation of Master Plan)
(1) The Minister of Science and ICT shall formulate a master plan for promoting the three-dimensional printing industry on a three-yearly basis (hereinafter referred to as the "master plan") and conclude the plan by undergoing deliberation thereon by the Strategic Committee for Information and Communications Technology under Article 7 of the Special Act on the Promotion of Information and Communications Technology, Vitalization of Convergence Thereof, Etc. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The master plan shall include the following matters:
1. Basic direction-setting for the policy for promoting the three-dimensional printing industry;
2. Creation of a foundation for the three-dimensional printing industry;
3. Measures for fostering each segment of the three-dimensional printing industry;
4. Assistance in research and development for promoting the three-dimensional printing industry;
5. Improvement of systems for promoting the three-dimensional printing industry;
6. Protection of users of the three-dimensional printing industry;
7. Assistance in international cooperation in the three-dimensional printing industry and the development of overseas markets for the industry;
8. Standardization of technologies and services related to three-dimensional printing;
9. Procurement and distribution of financial resources for promoting the three-dimensional printing industry;
10. Other matters necessary for promoting the three-dimensional printing industry.
(3) For the purposes of formulating the master plan, the Minister of Science and ICT may request the head of a related central administrative agency, the head of a local government, or the head of a public institution established under the Act on the Management of Public Institutions to provide relevant data. In such cases, a person who is requested to provide data shall comply with such request, except in extenuating circumstances. <Amended by Act No. 14839, Jul. 26, 2017>
(4) The head of each related central administrative agency shall formulate and implement a detailed implementation plan for promoting the three-dimensional printing industry (hereinafter referred to as "implementation plan") and shall submit the plan to the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 6 (Institution Specialized in Promotion of Industry)
(1) The Government may designate a specialized institution so as to effectively implement policies on the promotion of the three-dimensional printing industry and may authorize the institution to carry out the following tasks:
1. Nurturing, educating, and training human resources under Article 7;
2. Assistance in developing technologies under Article 8;
3. Assistance in developing overseas markets under Article 12;
4. Other tasks necessary to invigorate the three-dimensional printing industry.
(2) The Government may fully or partially subsidize the specialized institution for expenses incurred in performing its tasks within the budget or within the limit of the Fund for promoting Information and Communications under Article 41 of the Information and Communications Technology Industry Promotion Act.
(3) Matters necessary for the designation and operation of the specialized institution shall be prescribed by Presidential Decree.
CHAPTER II CREATION OF FOUNDATION FOR three-dimensional PRINTING INDUSTRY
 Article 7 (Nurturing, etc. Specialized Human Resources)
The Government may conduct educational and training programs for nurturing human resources specialized in three-dimensional printing and improve their skills.
 Article 8 (Facilitation of Development of Technologies)
The Government shall implement the following projects in order to facilitate the development of technologies for the three-dimensional printing industry:
1. Surveys on the level of technologies and research and development of technologies;
2. Evaluation of developed technologies;
3. Practical use of developed technologies through technical cooperation, transfer of technologies, etc.;
4. Facilitating circulation of technical information;
5. Other projects necessary for the development of technologies.
 Article 9 (Promotion of Standardization)
The Government may implement the following projects for standardizing technologies, services, etc. related to the three-dimensional printing industry in order to promote the three-dimensional printing industry:
1. Establishment, amendment, abolition, and distribution of standards related to technologies for three-dimensional printing and three-dimensional printing service business: Provided, That the Korean Industrial Standards shall apply to the matters for which the Korean Industrial Standards are established under the Industrial Standardization Act;
2. Surveys and research on domestic and foreign standards for technologies and services related to three-dimensional printing;
3. Other matters necessary for standardization of technologies and services related to three-dimensional printing.
 Article 10 (Certification of Quality of Technologies and Services)
(1) In order to ensure quality in the three-dimensional printing industry, the Government may issue quality certification of technologies and services related to three-dimensional printing.
(2) In order to issue quality certification under paragraph (1), the Government may designate a certifying institution.
(3) Upon receipt of an application for quality certification, the certifying institution designated under paragraph (2) shall certify quality, if it finds that the applicant meets the quality standards prescribed by Presidential Decree.
(4) In either of the following cases, the certifying institution designated under paragraph (2) shall revoke the quality certification of a person to whom it has been issued:
1. If it is found that the person obtained the quality certification by fraud or other wrongful means;
2. If the person fails to meet any of the quality standards.
(5) In any of the following cases, the Government may revoke the designation of any person designated as a certifying institution under paragraph (2):
1. If it is found that the person obtained the designation by fraud or any other wrongful means;
2. If the person fails to meet any of the requirements prescribed by Presidential Decree for designation continuously for not less than three months;
3. If the person was issued the quality certification for a project that does not meet the certification standards.
(6) The requirements for designation of the certifying institution under paragraph (2), the procedures for quality certification under paragraph (3), and matters necessary for the revocation of quality certification under paragraph (4), the revocation of designation of the certifying institution under paragraph (5), etc. shall be prescribed by Presidential Decree.
 Article 11 (Implementation of Pilot Projects)
(1) If the Government deems it necessary for promoting the three-dimensional printing industry, it may implement pilot projects.
(2) The Government may render assistance to the persons who participate in a pilot project under paragraph (1), as necessary.
 Article 12 (Facilitation of International Cooperation and Development of Overseas Markets)
The Government may render assistance in programs for international exchange of related technologies and human resources, participation in international events, joint research and development, etc. in order to facilitate international cooperation in the three-dimensional printing industry and the development of overseas markets.
 Article 13 (Designation of General Support Center for three-dimensional Printing)
(1) The Government may establish a general support center for three-dimensional printing (hereinafter referred to as the "general support center") in order to efficiently render assistance in activities for starting up new businesses for three-dimensional printing, etc.
(2) The Government may subsidize the general support center for expenses incurred in its operation, within the budgetary limit.
(3) Matters necessary for the establishment, operation, etc. of the general support center shall be prescribed by Presidential Decree.
 Article 14 (Invigoration of Three-Dimensional Printing Industry and Creation of Environment for Use)
The Government may implement the following projects in order to invigorate the three-dimensional printing industry and to create an environment for use of the three-dimensional printing industry:
1. Projects for facilitating free use of intellectual property rights;
2. Other projects necessary for invigorating the three-dimensional printing industry and for creating an environment for use of the three-dimensional printing industry.
CHAPTER III PROTECTION OF USERS OF Three-Dimensional PRINTING INDUSTRY
 Article 15 (Reporting of Three-Dimensional Printing Service Business)
(1) A person who intends to operate a three-dimensional printing service business shall report it to the Minister of Science and ICT in accordance with the requirements and procedure prescribed by Presidential Decree. The same shall also apply where a person intends to change any of the material facts specified by Presidential Decree, among the reported facts. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Notwithstanding paragraph (1), the operator of a small-sized three-dimensional printing service business whose capital is not more than 100 million won or who employs not more than five workers, including the business operator him/herself, shall be deemed to have reported the three-dimensional printing service business.
(3) When the operator of three-dimensional printing service business intends to permanently close the business, he/she shall report it to the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017>
(4) The procedure and methods for reporting under paragraph (1) (including the reporting of a change) and reporting closure of business under paragraph (3) shall be prescribed by Presidential Decree.
 Article 16 (Duty to Observe)
No operator of three-dimensional printing service business shall produce or manufacture any product harmful to human safety or health, such as any firearm, a knife, or explosive defined by the Act on the Safety Management of Guns, Swords, Explosives, Etc., or any narcotics defined by the Narcotics Control Act, by applying any technology related to three-dimensional printing.
 Article 17 (Product Liability, etc.)
If any of the following facts is proven, the relevant operator of three-dimensional printing service business shall be exempted from the liability for damage under Article 3 of the Product Liability Act: Provided, That the operator of three-dimensional printing service business may not assert exemption from the liability, if the operator has not taken measures appropriate for preventing damage caused by a defect after he/she supplied a product, although the operator was aware or foreseeably aware of the existence of the defect in the project:
2. The fact that damage was caused by a defect in any of the three-dimensional drawings provided by the relevant user to the operator of the three-dimensional printing service business;
3. The fact that the defect occurred although the operator of the three-dimensional printing service business followed instructions and directions concerning the design and production of the business operator who produced the relevant material or three-dimensional printing device.
 Article 18 (Safety Education)
(1) The representative of a three-dimensional printing service business shall take safety education on technologies and products related to three-dimensional printing.
(2) The representative of a operator of a three-dimensional printing service business shall ensure that employees who produce sculptures by using devices, materials, etc. for three-dimensional printing take safety education under paragraph (1).
(3) The Minister of Science and ICT may entrust affairs related to safety education to an institution or organization that meets the requirements prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017>
(4) Matters necessary for the content, methods, hours of the education under paragraphs (1) and (2), the allocation of expenses of such education, etc. shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 19 (Protection of Users)
(1) The operator of a three-dimensional printing service business shall provide information by utilizing the package containing products, instructions, web-sites, etc. so that users can safely use products related to three-dimensional printing.
(2) The Minister of Science and ICT shall formulate guidelines for safe use of products of three-dimensional printing (hereinafter referred to as "guidelines for the protection of users") and may recommend the operators of a three-dimensional printing service business to observe the guidelines for the protection of users. <Amended by Act No. 14839, Jul. 26, 2017>
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 20 (Reporting and Inspection)
(1) If the Government deems it necessary for monitoring the results of policies implemented for promoting the industry under Article 6 or the current status of specialized human resources nurtured under Article 7, it may order the specialized institution established under Article 6 (1) or the quality-certifying institution or general support center under Article 10 (2) to submit a report or documents concerning its business or property or may authorize its public officials to enter the relevant place and inspect documents or take other necessary measures.
(2) A person who intends to enter a place to conduct an inspection under paragraph (1) shall carry a certificate indicating his/her authority and present it to the people involved.
 Article 21 (Order to Take Corrective Measures)
In any of the following cases, the Minister of Science and ICT may order the operator of a three-dimensional printing service business to take corrective measures: <Amended by Act No. 14839, Jul. 26, 2017>
1. If the operator of a three-dimensional printing service business fails to meet any of the requirements for reporting his/her three-dimensional printing service business under Article 15 (1);
2. If the operator of a three-dimensional printing service business produces or manufactures a product harmful to human life or body, in violation of Article 16;
3. If the operator of a three-dimensional printing service business does not take safety education, in violation of Article 18 (1), or fails to require his/her employees take safety education, in violation of Article 18 (2).
 Article 22 (Suspension of Business Operations, etc.)
(1) In any of the following cases, the Minister of Science and ICT may order the operator of a three-dimensional printing service business to close its business establishment or to suspend its business operation for a specified period not exceeding six months: Provided, That the Minister of Science and ICT shall issue an order to close the business establishment, if the operator of a three-dimensional printing service business falls within subparagraph 1 or 4: <Amended by Act No. 14839, Jul. 26, 2017>
1. If the operator of a three-dimensional printing service business has engaged in the business without filing report under Article 15 (1) or a report on a amendment to such report;
2. If the operator of a three-dimensional printing service business has produced or manufactured a product harmful to human life or body, in violation of Article 16;
3. If the operator of a three-dimensional printing service business fails to comply with an order issued to take corrective measures under Article 21;
4. If the operator of a three-dimensional printing service business continues business operations, in violation of an order issued to suspend business operations under paragraph (1).
(2) The criteria and procedure for the actions under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 23 (Administrative Fines)
(1) Administrative fines not exceeding 30 million won shall be imposed on any of the following persons:
1. A person who uses the quality certification mark or similar mark without obtaining quality certification under Article 10 (3);
2. A person who has engaged in a business without filing a report under the fore part of Article 15 (1);
3. A person who fails to file a report on a change under the latter part of Article 15 (1);
4. A person who fails to comply with an order issued to take corrective measures under Article 21;
5. A person who continues business operations, in violation of an action taken under Article 22.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017>
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 6 Omitted.