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ENFORCEMENT DECREE OF THE SPECIAL ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, VITALIZATION OF CONVERGENCE THEREOF, ETC.

Presidential Decree No. 25156, Feb. 11, 2014

Amended by Presidential Decree No. 25393, jun. 25, 2014

Presidential Decree No. 25495, Jul. 21, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26844, Dec. 31, 2015

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28210, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Special Act on Promotion of Information and Communications Technology, Vitalization of Convergence thereof, Etc. and other matters necessary for the enforcement thereof.
 Article 2 (Scope of Public Institutions)
"Other legal entities, organizations, or institutions prescribed by Presidential Decree" in Article 2 (1) 10 (d) of the Special Act on Promotion of Information and Communications Technology, Vitalization of Convergence thereof, Etc. (hereinafter referred to as "Act") means schools at all levels under the Elementary and Secondary Education Act and the Higher Education Act, and schools established pursuant to other Acts.
CHAPTER II CONSTRUCTION OF SYSTEM TO ADVANCE PROMOTION OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND TO VITALIZE THE CONVERGENCE THEREOF
 Article 3 (Procedures, etc. for Formulating Action Plans)
(1) The Minister of Science and ICT shall prepare guidelines for the formulation of an action plan for the promotion of information and communications technology and the vitalization of convergence thereof (hereinafter referred to as "action plan") under Article 6 (1) of the Act for the following year and notify the heads of relevant central administrative agencies thereof by no later than April 30 each year. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) Pursuant to the guidelines for the formulation under paragraph (1), the heads of relevant central administrative agencies shall formulate an action plan for a jurisdictional field to be implemented in the following year and submit it to the Strategic Committee for Information and Communications under Article 7 (1) of the Act (hereinafter referred to as "Strategic Committee") through the Minister of Science and ICT by no later than June 30 every year. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) The Minister of Science and ICT may examine a master plan formulated pursuant to Article 5 (1) of the Act (hereinafter referred to as "master plan"), a budget necessary for an action plan submitted pursuant to paragraph (2), and measures to raise funds, and notify his/her opinion to the Minister of Strategy and Finance. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) In order to integrate a master plan and an action plan, the Minister of Science and ICT may request the heads of relevant central administrative agencies to correct, supplement, or coordinate the action plan. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(5) The Strategic Committee shall deliberate, and adopt a resolution, on an action plan submitted pursuant to paragraph (2) by no later than August 31 of the year in which the action plan is submitted.
(6) The Minister of Science and ICT shall notify the heads of relevant central administrative agencies of an action plan subject to deliberation and resolution, which is determined pursuant to paragraph (5), and publicly notify the action plan. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 4 (Organization, etc. of Strategic Committee)
(1) "Heads of relevant central administrative agencies prescribed by Presidential Decree" in Article 7 (2), excluding its subparagraphs, of the Act means the following heads of central administrative agencies: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Minister of Strategy and Finance;
2. Minister of Education;
3. Minister of Government Administration and Home Affairs;
4. Minister of Culture, Sports and Tourism;
5. Minister of Trade, Industry and Energy;
6. Minister of Health and Welfare;
7. Minister of Land, Infrastructure and Transport;
7-2. Minister of Ministry of SMEs and Startups
8. Chairperson of the Korea Communications Commission;
9. Minister of the Office for Government Policy Coordination;
10. Deleted; <by Presidential Decree No. 28210, Jul. 26, 2017>
11. The heads of central administrative agencies designated by the Chairperson of the Strategic Committee with regard to agenda items referred to the Strategic Committee for deliberation.
(2) The term of office of members appointed pursuant to Article 7 (2) of the Act shall be two years: Provided, That the term of office of a member newly appointed following the resignation, etc. of a member shall be the remainder of his/her predecessor’s term. <Amended by Presidential Decree No. 26844, Dec. 31, 2015>
(3) Where a member appointed pursuant to Article 7 (2) of the Act falls under any of the following cases, the Prime Minister may dismiss such member from the committee: <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015>
1. Where he/she becomes incapable of performing his/her duties due to mental disorder;
2. Where he/she commits any misdeed in connection with his/her duties;
3. Where he/she is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other reason;
4. Where he/she expresses his/her intention of the difficulty for him/her to perform his/her duties.
 Article 5 (Meetings of Strategic Committee)
(1) The Chairperson of the Strategic Committee may convene a meeting if deemed necessary.
(2) If the Chairperson of the Strategic Committee convenes a meeting, he/she shall inform each member of the date, time, venue, of the meeting and agenda items in writing by no later than seven days before the meeting is to be held: Provided, That in cases of emergency or where unavoidable reasons exist, this shall not apply.
(3) The Strategic Committee shall hold its meetings with the attendance of a majority of enrolled members and adopt resolutions with the consent of a majority of the members present.
(4) The Chairperson of the Strategic Committee may have the heads of relevant central administrative agencies appear before a meeting of the Committee and present their opinions with regard to agenda items under their jurisdiction or may require relevant specialists to appear before a meeting of the Committee to hear their opinions if deemed necessary.
 Article 6 (Operation of Strategic Committee)
(1) The Minister of Science and ICT shall assist the Chairperson of the Strategic Committee and take charge of the affairs of the Strategic Committee upon the order of the Chairperson. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may require public officials under his/her jurisdiction to support the operation of the Strategic Committee for the efficient performance of duties of the Strategic Committee. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) Except as otherwise expressly prescribed in paragraphs (1) and (2), detailed matters necessary for the operation of the Strategic Committee shall be determined by the Chairperson of the Strategic Committee after resolution by the Strategic Committee.
 Article 7 (Organization and Operation of Working Committee for Promotion of Vitalization of Information and Communications Technology)
(1) The working committee for the promotion of vitalization of information and communications technology under Article 9 (1) of the Act (hereinafter referred to as "working committee for the promotion of vitalization") shall consist of up to 30 members appointed or commissioned by the Chairperson of the Strategic Committee from among the following persons. In such cases, civilian members shall constitute a majority of the members of the Committee: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. A public official nominated by the head of a relevant central administrative agency, who are public officials of at least Grade III of the relevant central administrative agency (including public officials belonging to the Senior Civil Service Corps);
2. An associate professor or higher at a university or a person who has served or is serving in a research institute related to information and communications technology for at least five years;
3. A person who has served or is serving in an industry related to information and communications technology for at least five years;
4. A person who has served or is serving in civil organization related to information and communications technology for at least five years;
5. A person who is qualified as a judge, prosecutor, or attorney-at-law and has at least five years of career experience in his/her field;
6. Other persons recognized by the Minister of Science and ICT as having expertise in information and communications technology, humanities, or other fields.
(2) The chairperson of the working committee for the promotion of vitalization shall be a person designated by the Chairperson of the Strategic Committee from among members of the working committee.
(3) The term of office of civilian members commissioned pursuant to paragraph (1) shall be two years: Provided, That the term of office of a member newly appointed following the resignation, etc. of a member shall be the remainder of his/her predecessor's term. <Amended by Presidential Decree No. 26844, Dec. 31, 2015>
(4) The person who nominates a member pursuant to paragraph (1) 1 may cancel the nomination of such person where he/she falls under any of the following subparagraphs: <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015>
1. Where he/she becomes incapable of performing his/her duties due to mental disorder;
2. Where he/she commits any misdeed in connection with his/her duties;
3. Where he/she is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other reason;
4. Where he/she expresses his/her intention of the difficulty for him/her to perform his/her duties.
(5) Where a member commissioned pursuant to the provisions of paragraph (1) 2 through 6 falls under any subparagraph of paragraph (4), the Chairperson of the Strategic Committee may decommission such member. <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015>
(6) The Minister of Science and ICT shall take charge of the general affairs of the working committee for the promotion of vitalization, and may require public officials under his/her jurisdiction to support the operation of the working committee for the promotion of vitalization. <Amended by Presidential Decree No. 26844, Dec. 31, 2015; Presidential Decree No. 28210, Jul. 26, 2017>
(7) Article 5 shall apply mutatis mutandis to the meetings of the working committee for the promotion of vitalization. In such cases, "the Strategic Committee" shall be construed as "the working committee for the promotion of vitalization." <Amended by Presidential Decree No. 26844, Dec. 31, 2015>
 Article 8 (Organization and Operation of Specialized Committees)
(1) Where necessary to support the Strategic Committee and the working committee for the promotion of vitalization pursuant to Article 7 (5) of the Act, specialized committees may be organized by each of the following fields:
1. Planning and budgeting;
2. Convergence of information and communications technology;
3. Software;
4. Digital contents;
5. Protection of information;
6. Other fields necessary for supporting the Strategic Committee and the working committee for the promotion of vitalization.
(2) A specialized committee shall consist of the following members, and the chairperson of the specialized committee shall be a person designated by the Minister of Science and ICT from among the committee members: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Public officials of the central administrative agencies in charge of the fields referred to in the subparagraphs of paragraph (1), who are nominated by the heads of the relevant agencies;
2. Persons commissioned by the Minister of Science and ICT from among experts in technology, law, etc. of the fields referred to in the subparagraphs of paragraph (1).
(3) The person who nominates a member pursuant to paragraph (2) 1 may cancel the nomination of such member where he/she falls under any of the following subparagraphs: <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015>
1. Where he/she becomes incapable of performing his/her duties due to mental disorder;
2. Where he/she commits any misdeed in connection with his/her duties;
3. Where he/she is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other reason;
4. Where he/she expresses his/her intention of the difficulty for him/her to perform his/her duties.
(4) Where a member commissioned pursuant to the provisions of paragraph (2) 2 falls under any subparagraph of paragraph (3), The Minister of Science and ICT may decommission such member. <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 9 (Allowances)
Allowances, traveling expenses, and other necessary expenses may be paid to the committee members, relevant public officials, and relevant experts, who attend the meetings of the Strategic Committee, the working committee for the promotion of vitalization, and the specialized committees within budgetary limits: Provided, That where a public official attends a meeting of a committee in direct relation to his/her duties, this shall not apply.
 Article 10 (Methods, Procedures, etc. for Fact-Finding Surveys)
(1) A fact-finding survey under Article 8 (1) of the Act (hereinafter referred to as "fact-finding survey") may be conducted on the following institutions, enterprises, or organizations: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Public institutions determined and publicly announced by the Minister of Science and ICT among public institutions;
2. Enterprises related to information and communications and the convergence of information and communications technology (hereinafter referred to as "convergence, etc. of information and communications technology") which meet the standards determined and publicly announced by the Minister of Science and ICT in consideration of the type of business, number of employees, and so forth;
3. Other institutions or organizations determined and publicly announced by the Minister of Science and ICT as he/she deems that it is necessary to conduct fact-finding surveys thereof for the promotion of information and communications and the vitalization of convergence thereof.
(2) A fact-finding survey shall be conducted by means of a field survey, documentary survey, statistical research, literature search, etc., and where necessary for an efficient fact-finding survey, electronic methods, such as information and communications network and electronic mail, may be used.
(3) Where the Minister of Science and ICT or the head of a relevant central administrative agency conduct a fact-finding survey, he/she shall formulate a fact-finding survey plan, including the purpose of survey, matters to be surveyed, methods for survey, and period of survey and inform persons to be surveyed of the plan in writing by seven days before the survey is conducted. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) The Minister of Science and ICT shall include the results of a fact-finding survey in the Official Gazette or publicly announce them on the website of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
CHAPTER III PROMOTION OF INFORMATION AND COMMUNICATIONS
Section 1 Creation of Foundations for Promotion of Information and Communications
 Article 11 (Operation, etc. of Korea Comprehensive Software Engineering School)
(1) A Korean comprehensive software engineering school referred to in Article 11 (3) of the Act (hereinafter referred to as the "Korean comprehensive software engineering school") shall be operated as a non-degree course of study.
(2) The Korean comprehensive software engineering school shall perform the following functions: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Development and operation of specialized software engineering courses, such as an intensive software engineering course;
2. Duties entrusted by the Minister of Science and ICT to foster talented persons specializing in software engineering.
(3) Matters necessary for the operation of the Korean comprehensive software engineering school shall be determined by the head of a school with approval from the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 12 (Departments Related to Information and Communications and Enterprises in which Interns Work)
(1) "Departments to information and communications prescribed by Presidential Decree" in Article 12 (1) of the Act means any of the following departments related to the field of convergence, etc. of information and communications technology:
1. Computer science and computer engineering;
2. Application software engineering;
3. Information and communications engineering;
4. Electrical engineering;
5. Electronic engineering;
6. Control and measurement engineering;
7. Semiconductor engineering and ceramic engineering;
8. Departments related to digital contents;
9. Departments related to internet services;
10. Departments related to the field of convergence, etc. of information and communications technology determined by the school regulations of universities, colleges, industrial colleges, teachers' colleges, junior colleges, cyber-colleges, technical colleges as defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act (hereinafter referred to as "universities").
(2) "Small and medium enterprises, venture businesses, etc. prescribed by Presidential Decree" in Article 12 (1) of the Act means any of the following enterprises, institutions, or organizations (hereinafter referred to as "training business"): <Amended by Presidential Decree No. 25495, Jul. 21, 2014>
4. Corporations, organizations, or institutions under Article 4 of the Act on the Management of Public Institutions;
6. Corporations or research institutes established under statutes;
7. Other institutions, enterprises, or organizations in Korea and abroad that are related to the fields of convergence, etc. of information and communications technology, which are prescribed by school regulations appropriate for the operation of a practical training semester system.
 Article 13 (Persons to whom Credited Internship Program is Applicable)
(1) Persons to whom the credited internship program under Article 12 (1) of the Act (hereinafter referred to as the "internship system") is applicable are persons majoring, studying in a double major, or minoring in any of the departments referred to in the subparagraphs of Article 12 (1).
(2) Duties to which the internship system is applicable are duties related to any of the following fields:
1. Development and realization of software;
2. Design, development, and manufacturing of hardware;
3. Information and communications services;
4. Other duties related to the field of convergence, etc. of information and communications technology.
 Article 14 (Operation of and Support for Internship System)
(1) Where the Minister of Science and ICT formulates policy measures for the operation of and support for the internship system, he/she shall consult with the Minister of Education. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The scope of support rendered to universities and training businesses that adopt the internship system under Article 12 (3) of the Act is as follows:
1. Operating expenses incurred in relation to education courses of the internship system in universities;
2. Expenses incurred in installing facilities and equipment, in employing personnel to be in exclusive charge and in subscribing industrial accident compensation insurance of training businesses;
3. Expenses incurred in relation to teaching materials and tools and materials for practical training, instructor fees related to the internship system of universities and training businesses, and all kinds of allowances;
4. Expenses incurred in fostering human resources for the internship system, such as personnel expenses for on-job trainees.
(3) For the swift operation of the internship system, the Minister of Science and ICT may request the heads of relevant central administrative agencies for cooperation so that universities or training businesses may receive support under paragraph (2). In such cases, the heads of relevant central administrative agencies shall proactively cooperate therewith except in extenuating circumstances. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016>
 Article 15 Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016>
Section 2 Promotion of New Technologies, Services, etc. for Information and Communications
 Article 16 (Those Eligible to be Designated as Promising Technologies, Services, etc.)
The Minister of Science and ICT may designate any of the following technologies, services (including digital contents; hereinafter the same shall apply), etc. as promising technologies, services, etc. (hereafter referred to as "promising technologies, services, etc." in this Article and Articles 17, 18, and 25) in accordance with Article 15 (1), ex officio or upon application: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Technologies, services, etc. deemed new, progressive and to have prospects for commercialization, which are technologies, services, etc. for convergence, etc. of information and communications technology developed in Korea;
2. Technologies, services, etc. deemed new, progressive and to have prospects for commercialization within Korea, which are technologies, services, etc. for convergence, etc. of information and communications technology imported from foreign countries and subsequently improved in Korea.
 Article 17 (Methods, etc. of Designating Promising Technologies, Services, etc.)
(1) A person who intends to have his/her technologies, services, etc. designated as promising technologies, services, etc. pursuant to Article 15 (1) of the Act shall submit a document in which following matters are included, to the Minister of Science and ICT: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Name of promising technologies, services, etc., and background of development;
2. Details (referring to the outline of promising technologies, services, etc., details of newness and progressiveness thereof and connectivity with other industries) and scope of promising technologies, services, etc.;
3. Name of the person who developed or improved the promising technologies, services, etc. (in cases of a corporation, referring to its name and the name of its representative);
4. Prospects for activating the convergence, etc. of information and communications technology in Korea and abroad, or of connecting with other industries;
5. Other matters deemed necessary for designation, such as the results of experiments of promising technologies and services.
(2) Where the Minister of Science and ICT receives an application for designation under paragraph (1), he/she shall decide on whether to designate technologies, services, etc. as promising technologies within 90 days and inform the applicant of the results. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT designates promising technologies, services, etc., he/she may hear the opinions of interested parties or inquire of relevant institutions, such as institutions, associations, and learned societies related to the promising technologies, services, etc. that he/she intends to designate, about their opinions. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where the Minister of Science and ICT intends to hear the opinions of interested parties pursuant to paragraph (3), he/she shall publicly announce the main details of promising technologies, services, etc. that he/she intends to designate, in the Official Gazette and on the website of the Ministry of the Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(5) Where the Minister of Science and ICT has designated promising technologies, services, etc, he/she shall publish such fact in the Official Gazette and on the website of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(6) Matters necessary for the detailed standards for examination, procedures, etc. for the designation of promising technologies, services, etc. except as otherwise prescribed in paragraphs (1) through (5) shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 18 (Support, etc. for Promising Technologies, Services, etc.)
(1) The Minister of Science and ICT may subsidize the following expenses for a person who obtains designation of promising technologies, services, etc. pursuant to Article 15 (1) of the Act: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Expenses incurred in manufacturing prototypes of promising technologies, services, etc.;
2. Expenses incurred in exporting promising technologies, services, etc.
(2) The Minister of Science and ICT may request a person in receipt of support under paragraph (1) to submit a report on the results of a project for which he/she receives support if deemed necessary. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) Matters necessary for procedures, etc. for providing support under paragraph (1) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 19 (Requirements for Designation of Institutions Specialized in Standardization)
(1) Requirements for designation of institutions specialized in conducting projects for the standardization of technologies, services, etc. for convergence, etc. of information and communications technology under Article 16 (3) of the Act are as follows:
1. They shall be a nonprofit juristic person or organization;
2. They shall have human resources, structures, and systems to perform duties necessary for the promotion of standardization projects;
3. They shall have a track record of formulation, amendment, repeal, and dissemination of standards for convergence, etc. of information and communications technology;
4. They shall have a track record of specialized inspection, research, consultation, education, etc. related to the standardization of convergence, etc. of information and communications technology.
(2) Where the Minister of Science and ICT designates a specialized institution pursuant to Article 16 (3) of the Act, he/she shall publicly notify the contents thereof in the Official Gazette. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) A specialized institution designated pursuant to Article 16 (3) of the Act shall perform the following projects:
1. Survey of demand for standards related to technologies, services, etc. for convergence, etc. of information and communications technology;
2. Formulation, amendment, repeal, and dissemination of standards related to technologies, services, etc. for convergence, etc. of information and communications technology;
3. Collection, analysis, and dissemination of information and data on Korean and foreign standards related to technologies, services, etc. for convergence, etc. of information and communications technology;
4. Support for research on and development of standards related to technologies, services, etc. for convergence, etc. of information and communications technology;
5. Support for international standardization activities related to technologies, services, etc. for convergence, etc. of information and communications technology;
6. Planning, evaluation, management, and proliferation of standardization projects related to technologies, services, etc. for convergence, etc. of information and communications technology;
7. Confirmation of appropriateness, support for application, or full use of standards related to technologies, services, etc. for convergence, etc. of information and communications technology;
8. Enhancement of cooperation with industries, academic circles, or research institutions in standards related to technologies, services, etc. for convergence, etc. of information and communications technology;
9. Other matters necessary for the standardization of technologies, services, etc. for convergence, etc. of information and communications technology, such as publicity, education, training, and exhibition, of standards related to technologies, services, etc. for convergence, etc. of information and communications technology.
 Article 20 (Standards for Designation of Quality Certification Organizations)
(1) Standards for designating quality certification organizations of technologies, services, etc. for convergence, etc. of information and communications technology under Article 17 (3) of the Act (hereinafter referred to as "certification organization") are as specified in attached Table 1: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
(2) Where the Minister of Science and ICT designates an certification organization, he/she shall publicly notify the contents thereof in the Official Gazette. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 21 (Procedures, etc. for Quality Certification)
(1) A person who intends to obtain quality certification pursuant to Article 17 (2) of the Act shall file an application for quality certification with a certification organization as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) A certification organization, in receipt of an application under paragraph (1), shall examine whether the applicant meets the quality standards under Article 17 (1) of the Act and grant certification if it determines that the applicant complies with quality standards.
(3) Where a certification organization grants quality certification pursuant to paragraph (2), it shall issue a certificate of quality to an applicant as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) A certification organization may collect expenses incurred in granting certification, from a person who files an application for quality certification pursuant to paragraph (1).
(5) A person who obtains quality certification pursuant to paragraph (2) may attach a mark (hereinafter referred to as "certification mark") indicating certification has been obtained, to products, documents, etc. in which technologies, services, etc. for convergence, etc. of information and communications technology are realized.
(6) Except as otherwise prescribed in paragraphs (2) through (5), matters necessary for standards for examination of certification, certification expenses, indication of an certification mark, and so forth shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 22 (Scope of Business of Guaranteeing Compensation for Damage Due to Quality Certification)
The scope of the business of guaranteeing compensation for damage due to quality certification of technologies, services, etc. for convergence, etc. of information and communications technology under Article 17 (6) of the Act includes all or some of the following:
1. Liability to perform a supply contract for technologies, services, etc. for which quality certification is obtained;
2. Indemnification liability for restoration, modification, suspension, etc. of technologies, services, etc. for which quality certification is obtained;
3. Liability to compensate for damage suffered by a third party due to technologies, services, etc. for which quality certification is obtained;
4. Other liabilities determined by a person who operates the business of guaranteeing compensation for damage, which are necessary to make technologies, services, etc. for which quality certification is obtained appropriate for the quality standards therefor.
 Article 23 (Revocation of Quality Certification)
Where the Minister of Science and ICT revokes quality certification pursuant to Article 17 (5) of the Act, he/she shall publicly announce such fact in the Official Gazette or on the website of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 24 (Methods, etc. of Support for Research and Development of Small and Medium Enterprises. etc.)
(1) "Above the rate prescribed by Presidential Decree" in Article 18 (1) of the Act means a rate of at least 15/100, which is determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) Pursuant to Article 18 (2) of the Act, the Minister of Science and ICT may support the following matters for the vitalization of investment and finance in the intellectual property rights of small and medium enterprises and venture businesses: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Assessment of the value of intellectual property rights of small and medium enterprises and venture businesses;
2. The portion of research and development expenses incurred in relation to intellectual property rights, such as registering patent rights, where small and medium enterprises and venture businesses participate in a national research and development project;
3. Joint use by small and medium enterprises and venture businesses of research equipment owned by an institution conducting research, which is obtained through a national research and development project;
4. Other matters deemed necessary by the Minister of Science and ICT for the vitalization of investment in and financing the intellectual property rights of small and medium enterprises and venture businesses.
(3) Detailed matters necessary for support under paragraph (2) shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 25 (Support, etc. for Commercialization of Promising Technologies, Services, etc.)
(1) The scope of support necessary for the commercialization of promising technologies, services, etc. under Article 19 (1) of the Act shall be as follows:
1. Support for obtaining quality certification of technologies, services, etc. under Article 17 of the Act;
2. Support for resolving issues in the management of technologies, services, etc.;
3. Support with funds for research and development and for commercialization;
4. Support for business start-ups and publicity therefor.
(2) A period during which the commercialization of promising technologies, services, etc. under Article 19 (1) of the Act is supported shall be as follows:
1. Where promising technologies, services, etc. are to be developed: Within one year;
2. Where promising technologies, services, etc. are to be commercialized: Within three years.
(3) Notwithstanding paragraph (2), the Minister of Science and ICT may extend a period of support according to the following classifications, when deemed necessary, in consideration of the characteristics of promising technologies, services, etc.: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Cases falling under paragraph (2) 1: Within six months;
2. Cases falling under paragraph (2) 2: Within three years.
(4) The Minister of Science and ICT may request the heads of relevant administrative agencies or any of the following persons to render support under paragraph (1): <Amended by Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Universities, colleges, industrial colleges, junior colleges, or technical colleges under Article 2 of the Higher Education Act;
3. Industrial technology research cooperatives under the Industrial Technology Research Cooperatives Support Act;
4. The Korea Institute for the Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act;
5. The Korea Evaluation Institute of Industrial Technology under Article 39 of the Industrial Technology Innovation Promotion Act;
7. The Specialized Manufacturing Technology Research Institute under Article 42 of the Industrial Technology Innovation Promotion Act;
9. The Korea Communications Agency under Article 66 of the Radio Waves Act;
10. The Korea Radio Promotion Association under Article 66-2 of the Radio Waves Act;
11. The Korea Association for ICT Promotion under Article 15 of the Framework Act on Broadcasting Communications Development;
12. The Telecommunications Technology Association under Article 34 of the Framework Act on Broadcasting Communications Development;
13. The National Information Society Agency under Article 14 of the Framework Act on National Informatization;
15. The Small and Medium Business Corporation under Article 68 of the Small and Medium Enterprises Promotion Act;
16. The Korea Technology and Information Promotion Agency for SMEs under Article 20 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises;
18. Specific research institutes under Article 2 of the Specific Research Institutes Support Act;
19. Research institutes, which are juristic persons, in the field of convergence, etc. of information and communications technology established pursuant to the Civil Act or other Acts;
20. National and public research institutes;
21. Other institutions, organizations, or enterprises deemed necessary and publicly announced by the Minister of Science and ICT.
(5) Where the Minister of Science and ICT renders support under paragraph (1), he/she shall publicly announce a support plan. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(6) A person who intends to obtain support under paragraph (1) shall file an application with the Minister of Science and ICT, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(7) Except as otherwise prescribed in paragraphs (1) through (6), detailed matters necessary for support for the commercialization of technologies, services, etc. shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 26 (Collection, Management, etc. of Price of Support for Commercialization)
(1) The price for commercialization under Article 19 (2) of the Act is an amount (hereinafter referred to as "price of commercialization") determined by the Minister of Science and ICT among an amount within the scope of 50/100 of the amount supported by the Minister of Science and ICT pursuant to Article 19 (1) of the Act, and an amount within the scope of 5/100 of the sales generated from the commercialization of technologies, services, etc. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may allow payment of the price of commercialization in installments, and grant reductions to a person who pays the price of commercialization in lump sum or pays a deposit in advance. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) Except as otherwise paragraphs (1) and (2), detailed matters necessary for the collection, management, etc. of the price of commercialization shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
Section 3 Promotion of Digital Contents, Software, etc.
 Article 27 (Promotion of Digital Contents, Vitalization Projects, etc.)
(1) "Matters prescribed by Presidential Decree" in Article 21 (2) 6 of the Act means the following:
1. Support for investment in and financing of digital contents;
2. Support for business start-ups in the field of digital contents;
3. Support for the standardization of digital contents and for the development of technologies;
4. Support for the vitalization of discovery, manufacture, and distribution of diverse digital contents through convergence with adjacent fields;
5. Support for the expansion of opportunities of using digital contents, and for the enhancement of safety in using digital contents;
6. Support for creation of the foundations for entry into foreign countries of digital contents, and for the marketing of digital contents;
7. Legal support for business activities related to digital contents and support for advice on management;
8. Other support necessary for the manufacture and promotion of use of diverse and sound digital contents.
(2) Persons eligible to be designated as an institution in exclusive charge of promotion and vitalization of digital contents under Article 21 (3) of the Act are as follows:
1. The Korea Communications Agency under Article 66 of the Radio Waves Act;
2. The Korea Radio Promotion Association under Article 66-2 of the Radio Waves Act;
6. The Korea Association for ICT Promotion under Article 15 of the Framework Act on Broadcasting Communications Development;
7. The Telecommunications Technology Association under Article 34 of the Framework Act on Broadcasting Communications Development;
8. Other corporations, institutions, or organizations related to broadcasting and communications industry, radio waves industry, and digital content industry.
 Article 28 (Inspection, etc. of Current State of Establishment of Order in Distribution of Digital Contents)
(1) Where the Minister of Science and ICT conducts a fact-finding survey of distribution channels, etc. of digital contents pursuant to Article 22 (2) of the Act, he/she shall include following: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters concerning the current state of market of digital contents and industrial environment;
2. Distribution channel and distribution structure concerning the planning, manufacture, sale, distribution and use of digital contents;
3. Apportionment of profits concerning the distribution of digital contents;
4. Matters concerning business practices and behaviors of digital content enterprisers;
5. Actual use of the standard form of contract for digital contents;
6. Market trend in Korea and abroad concerning the distribution of digital contents;
7. Other matters necessary for the improvement of distribution channel of digital contents, and for the creation of a fair distribution order.
(2) If necessary for a fact-finding survey conducted pursuant to Article 22 (2) of the Act, the Minister of Science and ICT may have public institutions, digital content enterprisers, or corporations, and organizations related to digital content industry submit relevant data or request them to state their opinions, etc. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 29 (Business of Software Policy Research Institutions)
"Projects prescribed by Presidential Decree" in Article 24 (2) 4 of the Act means the following projects:
1. Formulation of mid-term and long-term plans for the promotion of software and for the vitalization of convergence thereof;
2. Analysis of trends in the software industry and policies of foreign countries;
3. Advice concerning software policies;
4. Other projects necessary for efficient support for software research.
 Article 30 (Support Structure for Research and Development of Software and Methods of Evaluation)
(1) The heads of relevant central administrative agencies may prepare a separate support structure for research on and development of software of the following kinds, as prescribed in Article 26 (1) of the Act:
1. Research and development to add innovative functions to already developed software technologies or products or to upgrade the performance;
2. Research and development conducted by multiple competitive research institutions for the same research task;
3. Research and development for which government subsidies commensurate with the results of evaluation are given, after a research and development task is completed;
4. Other types of research and development and methods of support deemed necessary by the heads of relevant central administrative agencies.
(2) Where the heads of relevant central administrative agencies determine the methods of evaluating research on and development of software pursuant to Article 26 (1) of the Act, they shall consider the following matters:
1. Challenging characteristics of the objectives of research and development and originality in the method of research and development;
2. Appropriateness of quality of software in consideration of the stages of research and development;
3. Innovativeness of outcomes of research and development and prospects for commercialization;
4. Other matters deemed necessary by the heads of relevant central administrative agencies to enhance the credibility of evaluation methods and results.
(3) The heads of relevant central administrative agencies may determine detailed matters concerning the support structure under paragraph (1) and evaluation methods under paragraph (2). In such cases, matters necessary for supporting actual research activities shall be reflected therein, considering that research on and development of software depend on intellectual and human factors.
 Article 31 (Information on Current State of Contracts for Construction Projects of Information and Communications Equipment in Public Sector)
(1) "Information prescribed by Presidential Decree, such as the current state of contracts for information and communications equipment" in Article 28 (3) of the Act means the following information: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Name of an installation project of information and communications equipment and scale of the project;
2. Name of information and communications equipment product and name of a manufacturer;
3. Quantity and contract amount;
4. Contract date and name of the contractor;
5. Other information deemed necessary by the Minister of Science and ICT and the Minister of Government Administration and Home Affairs.
(2) The heads of central administrative agencies, local governments, and public institutions shall notify the Minister of Science and ICT and the Minister of Government Administration and Home Affairs of the information falling under paragraph (1) within two months after the close of each fiscal year. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 32 (Submission, etc. of Forecast of Demand for Information and Communications Equipment)
(1) The heads of central administrative agencies, local governments, and public institutions shall submit information on demand for purchase of information and communications equipment by relevant agencies and institutions and a plan to promote projects to install information and communications equipment by a deadline set in accordance with the following classification to the Minister of Science and ICT and the Minister of Government Administration and Home Affairs, as prescribed in Article 29 (2) of the Act. In such cases, they may submit such matters through an institution specializing in the installation project of information and communications equipment and forecast of demand therefor (hereinafter referred to as "specialized institution") under Article 29 (4) of the Act: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Information on demand for purchase of information and communications equipment and a plan for the promotion of an installation project of information and communications equipment for the relevant year: March 31 of each year;
2. Information on demand for purchase of information and communications equipment and a plan for the promotion of an installation project of information and communications equipment for the following year: October 31 of each year.
(2) The Minister of Science and ICT and the Minister of Government Administration and Home Affairs shall announce information on demand for purchase of information and communications equipment and a plan to promote projects to install information and communications equipment received pursuant to paragraph (1) within 30 days from the date they receive such matters. In such cases, they may announce such matters through a specialized institution. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Institutions eligible to be designated as a specialized institution shall be any of the following: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. The Korea Communications Agency under Article 66 of the Radio Waves Act;
4. Other institutions or organizations deemed by the Minister of Science and ICT and the Minister of Government Administration and Home Affairs, to have specialized personnel and dedicated teams necessary for implementing the installation project of information and communications equipment and forecasting demand.
CHAPTER IV SUPPORT, ETC. FOR VITALIZATION OF CONVERGENCE, ETC. OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
Section 1 Vitalization of Support for Venture Businesses and of Transactions of Technologies, etc.
 Article 33 (Institutions Specialized in Start-up of Small and Medium Enterprises, Venture Businesses, etc. and in Projects for Entry into Foreign Markets)
"Institutions and organizations prescribed by Presidential Decree" in Article 30 (2) of the Act means any the following institutions and organizations: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Corporations, organizations, or institutions under Article 4 of the Act on the Management of Public Institutions;
2. Corporations established pursuant to Article 32 of the Civil Act, which are nonprofit corporation performing duties related to the convergence, etc. of information and communications technology;
3. Other institutions or organizations deemed by the Minister of Science and ICT and the Minister of Security and Public Affairs, to have specialized personnel and structure in exclusive charge, necessary for business start-ups and the performance of projects for entry into foreign markets.
 Article 34 (Organization, Operation, etc. of Global Council)
(1) Members of the global council (hereinafter referred to as "council") under Article 31 (3) of the Act shall be those commissioned by the Minister of Science and ICT from among persons with abundant specialized knowledge in the convergence, etc. of information and communications technology and experience therein. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The head of the council shall be elected from among members of the council, whose term of office shall be two years.
(3) The council may be operated by country and region, and a meeting shall be held annually in principle; the head of the council may call a meeting, if necessary.
(4) The council shall consult on and coordinate the following activities: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Construction of networks of local specialists and support for connection among them;
2. Advice on projects for support for globalization concerning promotion of information and communications in Korea and abroad and convergence thereof;
3. Support for business start-ups in their activities in foreign countries, such as guidance and advice on entry into foreign countries and investment;
4. Support for other activities deemed necessary by the Minister of Science and ICT to support the start-up of small and medium enterprises, venture businesses, etc. related to the convergence, etc. of information and communications technology and for entry into foreign countries.
 Article 35 (Projects, etc. for Developing Technologies and Services for Convergence, etc. of Information and Communications Technology)
(1) Where necessary for promoting a project for developing technologies, services for convergence, etc. of information and communications technology under Article 32 (2) of the Act, the Minister of Science and ICT may request national agencies, local governments, public institutions, and other institutions, etc. that have participated in a national research and development project, or supporting or managing a national research and development project, to submit documents necessary for the promotion of such project. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may promote the following projects, as prescribed in Article 32 (2) 12 of the Act: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Projects concerning the calculation and settlement of project expenses incurred in relation to technologies and services for convergence, etc. of information and communications technology, and concerning technology fees, etc. therefor;
2. Projects concerning the result management, utilization, etc. of technologies and services for convergence, etc. of information and communications technology;
3. Projects concerning the security and ensuring, etc. of research ethics of technologies and services for convergence, etc. of information and communications technology;
4. Transactions of technologies and services for convergence, etc. of information and communications technology and commercialization thereof;
5. Other matters necessary for the development of technologies and services for convergence, etc. of information and communications technology.
(3) Where the heads of central administrative agencies and local governments intend to subsidize expenses incurred in implementing a project pursuant to Article 32 (4) of the Act, they shall conclude an agreement including the following matters, with an institution in exclusive charge of the project:
1. Scope and methods of a project and a person in charge of management;
2. Expenses and timing for and methods of paying such expenses;
3. Report on the results of performance of a project and making full use thereof;
4. Measures against modification, rescission, and violation of the agreement;
5. Other matters necessary for the promotion of technologies for information and communications technology.
(4) Where the heads of central administrative agencies and local governments subsidize expenses incurred in implementing a project pursuant to Article 32 (4) of the Act, they may pay the expenses in installments or in lump sum, considering the scale of the projects, timing for starting the project, etc.
(5) Except as otherwise prescribed in paragraphs (2) and (3), detailed matters necessary for the operation of an institution in exclusive charge of a project, fulfillment of duties, and so forth shall be determined by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 36 (Collection of Royalties)
(1) Royalties collected pursuant to Article 34 (1) of the Act shall be determined by the Minister of Science and ICT within the scope of government contributions used in projects for developing relevant technologies and services for convergence, etc. of information and communications technology. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may allow payment of royalties under paragraph (1) in installments, and he/she may grant reductions to a person who pays the fees in lump sum or pays part of the royalties in advance. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT intends to use royalties pursuant to Article 34 (2) of the Act, he/she shall formulate a plan for the use of royalties. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Except as otherwise prescribed in paragraphs (2) and (3), matters necessary for the collection, management, etc. of royalties shall be determined by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
Section 2 Vitalization of Convergence, etc. of Information and Communications Technology
 Article 37 (Methods, etc. of Promoting Projects Encouraging Proliferation of Culture of Convergence, etc. of Information and Communications Technology)
(1) Pursuant to Article 35 (1) 1 of the Act, the Minister of Science and ICT may select exemplary public institutions and enterprises which have contributed to the convergence, etc. of information and communications technology each year. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT shall actively publicize exemplary cases selected pursuant to paragraph (1) through mass media, such as newspapers, broadcasting, Internet portal sites, etc. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) The Minister of Science and ICT may award a prize to public institutions, enterprises, and individuals who have contributed to the convergence, etc. of information and communications technology (hereinafter referred to as "enterprises, etc. excelling in the convergence, etc. of information and communications technology") and are selected pursuant to paragraph (1). <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) The Minister of Science and ICT may prepare measures on administrative and financial support for enterprises, etc. excelling in the convergence, etc. of information and communications after consultations with the heads of relevant administrative agencies. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(5) Except as otherwise prescribed in paragraphs (1) through (4), matters necessary for the selection of and support, etc. for enterprises, etc. excelling in the convergence, etc. of information and communications shall be determined by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 38 (Education for Proliferation and Vitalization of Convergence, etc. of Information and Communications Technology, Holding Seminars, etc.)
(1) Where the Minister of Science and ICT intends to conduct education for the proliferation and vitalization of convergence, etc. of information and communications technology pursuant to Article 35 (1) 2 of the Act, he/she shall formulate an education plan and notify the heads of public institutions thereof. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The heads of public institutions notified of an education plan under paragraph (1) shall cooperate therewith so that education is conducted according to the education plan.
(3) The Minister of Science and ICT may promote the following projects pursuant to Article 35 (1) 3 of the Act: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Preferential treatment, in selecting a person qualified for projects to be implemented by the Minister of Science and ICT, to enterprises, etc. excelling in the convergence, etc. of information and communications selected pursuant to Article 37 (1);
2. Exhibition and publicity of the results of promising technologies and services for convergence, etc. of information and communications technology of small and medium enterprises, venture businesses, etc. related to the convergence, etc. of information and communications technology;
3. Holding a presentation on exemplary cases of the vitalization and innovation of technologies and services for the convergence, etc. of information and communications technology;
4. Other projects necessary for the proliferation of culture of convergence, etc. of information and communications technology.
 Article 39 (Application, etc. for Prompt Handling of Technologies and Services for Convergence, etc. of New Information and Communications)
(1) Where a person who develops new technologies and services for the convergence of information and communications intends to file an application for prompt handling of new technologies and services for the convergence of information and communications pursuant to Article 36 (1) of the Act, he/she shall submit an application for prompt handling together with the following documents to the Minister of Science and ICT, as prescribed by Ordinance of the Ministry of Science and ICT: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Instructions on new technologies and services for the convergence, etc. of information and communications technology;
2. Data evidencing that the developments constitute new technologies and services for the convergence, etc. of information and communications technology;
3. Data evidencing that relevant new technologies and services for the convergence, etc. of information and communications technology fall under any of the subparagraphs of Article 36 (1) of the Act;
4. Other data deemed necessary for prompt handling, which are determined and publicly announced by the Minister of Science and ICT.
(2) In receipt of an application for prompt handling pursuant to paragraph (1), the Minister of Science and ICT shall, without delay, send a copy of an application for prompt handling and accompanying documents to the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) Notification under Article 36 (4) of the Act shall be made by notice of the results of prompt handling as prescribed by Ordinance of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 40 (Procedures, etc. for Temporary Permission)
(1) Where the Minister of Science and ICT deems that temporary permission under Article 37 (1) of the Act is necessary, he/she shall notify an applicant as to whether temporary permission is necessary, etc. pursuant to Article 36 (4) of the Act and also notify him/her of the documents for submission that are necessary for temporary permission. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) A person who seeks temporary permission after receiving notification under paragraph (1) shall submit an application for temporary permission together with documents notified pursuant to paragraph (1) to the Minister of Science and ICT, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) The Minister of Science and ICT shall determine the details and conditions of temporary permission in consideration of the contents of application under paragraph (2) and Article 39 (1) of the Act, characteristics of technologies and services, financial and technological capabilities of an applicant to provide services and other similar matters, within 30 days from the date of an application under paragraph (2). <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Applicants shall bear expenses incurred in administering a test and an inspection under Article 37 (2) of the Act.
(5) Where the Minister of Science and ICT grants temporary permission under Article 37 (1) of the Act, he/she shall issue a certificate of temporary permission in which the following matters are included: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Permission number and a year, month, and date of permission;
2. Trade name or appellation and the name of a representative;
3. Location of a main office;
4. Appellation of technologies and services to be permitted;
5. Main details of technologies and services to be permitted;
6. Term of validity;
7. Conditions of permission.
(6) Except as otherwise prescribed in paragraphs (1) through (5), matters necessary for the detailed standards, procedures, methods, etc. of temporary permission shall be determined by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 41 (Term of Validity of Temporary Permission and Other Relevant Matters)
(1) The term of validity of temporary permission under Article 37 (3) of the Act shall be one year: Provided, That where the Minister of Science and ICT deems it necessary, the term of validity may be reduced. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) A person who intends to have the term of validity extended pursuant to Article 37 (3) of the Act shall submit an application for the extension of a term of validity of temporary permission together with the following documents to the Minister of Science and ICT, as prescribed by Ordinance of the Ministry of Science and ICT: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Data on the current state of use of relevant new technologies and services for the convergence, etc. of information and communications technology and results thereof;
2. Data on the usage fees for new technologies and services for the convergence, etc. of information and communications technology (applicable only where usage fees exist);
3. Guidelines for the protection of users;
4. Copy of a certificate of temporary permission.
 Article 42 (Subscription to Guarantee Insurance Following Temporary Permission)
(1) Where a person who obtains temporary permission under Article 37 (1) of the Act intends to provide new technologies and services for the convergence, etc. of information and communications technology after collecting usage fees beforehand, he/she shall submit the following data to the Minister of Science and ICT: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. A copy of a guarantee insurance policy;
2. Data on the details and usage fees of new technologies and services for the convergence, etc. of information and communications technology to be provided;
3. Standards for conducting duties and guidelines for the protection of users.
(2) A period for insurance of guarantee insurance under Article 37 (4) of the Act shall be a period exceeding the expiry date of temporary permission; where the term of validity is extended pursuant to Article 37 (3) of the Act, the guarantee insurance needs to be renewed. In such cases, a copy of a certificate renewed guarantee insurance policy shall be submitted to the Minister of Science and ICT within 30 days from the date of renewal. <Amended by Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
(3) "Amount calculated according to the standards prescribed by Presidential Decree" in the main body of Article 37 (4) of the Act means an amount calculated according to the standards determined and publicly announced by the Minister of Science and ICT in consideration of the sale and scale of business of a person who applies for temporary permission, usage fees, number of expected entrants, and so forth. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where the insured is paid insurance compensation according to the guarantee insurance pursuant to Article 37 (5) of the Act, he/she shall pay the insurance compensation to users within 45 days from the date he/she is paid the insurance compensation. In such cases, if the amount to be paid to the users exceeds the insurance compensation, he/she may make payment after allocating the insurance compensation, based on the amount of damage. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
(5) Where grounds for the payment of insurance compensation occur, the Minister of Science and ICT shall, without delay, publicly announce procedures, methods, etc. for compensation for damage and payment of insurance compensation in the Official Gazette, on the website of the Ministry of Science and ICT, etc. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 43 (Entrustment of Duties)
(1) Pursuant to Article 41 (2) of the Act, the Minister of Science and ICT may entrust specialized institutions and organizations related to the convergence, etc. of information and communications technology with the following duties: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Duties concerning support for universities or training businesses adopting the internship system under Article 12 (3) of the Act;
2. Duties concerning making requests for data to universities or training enterprises operating the internship system under Article 14 (4);
3. Duties concerning making requests to universities or training enterprises adopting the internship system under Article 15 (2) and (3), and concerning inspection and analysis thereof;
4. Duties of support for intellectual property rights of small and medium enterprises under Article 24 (2).
(2) If the Minister of Science and ICT entrusts duties pursuant to paragraph (1), he/she shall publicly announce the institutions entrusted with duties and details of entrusted duties. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
 Article 43-2 (Re-Examination of Regulation)
The Minister of Science and ICT shall examine the appropriateness of the following matters every three years from each base date specified in the following subparagraphs (referring to the period that ends on the date immediately before every 3rd anniversary of the base date) and take measures for improvement, etc.: <Amended by Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. and 2. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>
3. Standards for designation of certification organizations under Article 20 (1): January 1, 2017;
4. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>
5. Subscription to guarantee insurance following temporary permission under Article 42: January 1, 2017;
6. Criteria for imposition of administrative fines under Article 44 and attached Table 2: January 1, 2017.
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
CHAPTER V PENALTY PROVISIONS
 Article 44 (Standards for Imposition of Administrative Fines)
The criteria for imposition of administrative fines under Article 46 (1) of the Act are as listed in attached Table 2.
ADDENDUM
This Decree shall enter into force on February 14, 2014.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25495, Jul. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 22, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 5 of the Addenda, the amended provisions of the Presidential Decrees, which were promulgated before this Presidential Decree enters into force but the dates on which they are to enter into force have not arrived, shall enter into force on the date each relevant Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.