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ENFORCEMENT DECREE OF SOFTWARE INDUSTRY PROMOTION ACT

Wholly Amended by Presidential Decree No. 16943, Aug. 5, 2000

Amended by Presidential Decree No. 18293, Feb. 25, 2004

Presidential Decree No. 18594, Dec. 3, 2004

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 19701, Oct. 12, 2006

Presidential Decree No. 20678, Feb. 29, 2008

Presidential Decree No. 21692, Aug. 18, 2009

Presidential Decree No. 22463, Oct. 27, 2010

Presidential Decree No. 24174, Nov. 12, 2012

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26767, Dec. 30, 2015

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28210, Jul. 26, 2017

Presidential Decree No. 29069, Jul. 31, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Software Industry Promotion Act and matters necessary for enforcing said Act. <Amended by Presidential Decree No. 19701, Oct. 12, 2006>
 Article 1-2 (Scope of Software Engineers)
(1) “A person who has an educational background or a career prescribed by Presidential Decree” as prescribed in subparagraph 5 of Article 2 of the Software Industry Promotion Act (hereinafter referred to as the "Act") means any of the following persons:
1. A person who majored in software engineering at schools of each level as defined in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act;
2. A person who has skills as a software engineer and has a career, or has worked, for a certain period, in the field of software engineering technology;
3. A person recognized as having an educational background or a career equivalent to, or above, the standards provided for in subparagraph 1 or 2.
(2) Detailed standards and procedures for, and methods of recognizing software engineers pursuant to paragraph (1) shall be prescribed and announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24174, Nov. 12, 2012]
 Article 2 (Formulation of Master Plans and Detailed Implementation Plans)
(1) The Minister of Science and ICT shall formulate and implement a mid-to long-term master plan (hereinafter referred to as "master plan") every three years and formulate and carry out a detailed implementation plan each year pursuant to Article 4 of the Act. <Amended by Presidential Decree No. 19701, Oct. 12, 2006; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20965, Aug. 7, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may seek cooperation from the heads of relevant central administrative agencies if necessary to formulate and implement master plans and detailed implementation plans. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) When the Minister of Science and ICT formulates or alters a master plan and a detailed implementation plan, he/she shall announce such formulation and alteration. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 3 (Designation of Software Promotion Facilities)
(1) Any person who intends to obtain designation of a software promotion facility pursuant to Article 5 of the Act (hereinafter referred to as "promotion facility") shall file an application in the form prescribed by Ordinance of the Ministry of Science and ICT, accompanied by a document attesting that the applicant meets requirements for designation under paragraph (2) with the Minister of Science and ICT. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Requirements for designation as promotion facilities under Article 5 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 19701, Oct. 12, 2006; Presidential Decree No. 27751, Dec. 30, 2016>
1. At least 10 (20 in cases of the Seoul Special Metropolitan City) software business entities shall move therein;
2. Small and medium business entities provided in Article 2 of the Framework Act on Small and Medium Enterprises shall at least account for 50 percent of all occupant software business entities;
3. The total area occupied by software business entities and their supporting facilities shall be at least 50 percent of the total area of the relevant promotion facility;
4. Common use facilities, such as conference rooms and equipment rooms for common use, necessary for the software business shall be installed.
(3) When the Minister of Science and ICT designates any promotion facility, he/she shall announce such designation. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Except as otherwise expressly provided in this Decree, matters necessary for designating and managing promotion facilities shall be determined and announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 4 (Designation of Software Promotion Complexes)
(1) Any person who intends to be designated as a software promotion complex (hereinafter referred to as "promotion complex") pursuant to Article 6 of the Act 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. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Any area intended to be designated as a promotion complex under Article 6 (2) of the Act shall meet all of the following requirements: <Amended by Presidential Decree No. 19701, Oct. 12, 2006; Presidential Decree No. 27751, Dec. 30, 2016>
1. That at least 50 software business entities (100 business entities in Seoul Metropolitan City) shall reside in a cluster;
2. That software related facilities and institutions shall be located therein;
3. That the promotion complex shall have infrastructure, such as traffic or communications facilities and financial institutions.
(3) Article 3 (3) and (4) shall apply mutatis mutandis to announcement, etc., of promotion complexes.
 Article 5 (Cancellation of Designation of Promotion Facilities)
When the Minister of Science and ICT intends to cancel the designation of a promotion facility or promotion complex under Article 7 of the Act, he/she shall seek, in advance, opinions of the competent Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor. When the Minister of Science and ICT cancels any designation, he/she shall announce such cancellation. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 6 (Support for Promotion Facilities)
The Minister of Science and ICT may provide promotion facilities and promotion complexes with the following support for their efficient establishment and development: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Funding necessary to establish and operate promotion facilities and promotion complexes;
2. Installation and operation of the joint-support facilities, such as the high- speed communications network, required by the software business;
3. Other support necessary to establish promotion facilities and promotion complexes.
 Article 7 (Scope of Sublease of State Property)
"Persons prescribed by Presidential Decree" in Article 8 of the Act means any of the following persons: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22463, Oct. 27, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. A software business entity;
2. A person deemed by the Minister of Science and ICT necessary for start-up of the software business among institutions established pursuant to Article 8 (3) 3.
 Article 8 (Training of Software Specialists)
(1) The Minister of Science and ICT shall formulate a plan for the development and educational training of software specialists. <Amended by Presidential Decree No. 22463, Oct. 27, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The plan for the development and educational training of software specialists provided for in paragraph (1) shall include the following: <Newly Inserted by Presidential Decree No. 22463, Oct. 27, 2010>
1. Basic direction-setting for educational training;
2. Matters concerning an action plan to provide educational training;
3. Matters concerning a fund raising plan for educational training;
4. Other matters necessary for educational training.
(3) "Research institutions, universities, other institutions or organizations prescribed by Presidential Decree" in Article 10 (2) of the Act means the following: <Amended by Presidential Decree No. 21692, Aug. 18, 2009; Presidential Decree No. 22463, Oct. 27, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Schools as defined in Article 2 of the Higher Education Act;
2. National IT Industry Promotion Agency established under Article 26 of the Information and Communications Technology Industry Promotion Act;
3. Government-funded research institutions established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
4. Corporations established under Article 32 of the Civil Act or the Act on the Establishment and Operation of Public Interest Corporations that perform affairs related to fostering of the software industry;
5. Other institutions deemed necessary by the Minister of Science and ICT as educational training institutions related to the software industry.
(4) The Minister of Science and ICT may designate institutions for training and education software specialists referred to in Article 10 (2) of the Act (hereinafter referred to as "specialist training institution") through public recruitment. <Amended by Presidential Decree No. 24174, Nov. 12, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Requirements to be designated as a specialist training institution shall be as stipulated in attached Table 1. <Amended by Presidential Decree No. 24174, Nov. 12, 2012; Presidential Decree No. 26767, Dec. 30, 2015>
(6) When the Minister of Science and ICT designates a specialist training institution or cancels such designation pursuant to Article 10 (2) or (4), he/she shall announce such designation or cancellation in the Official Gazette or on the web-site. <Amended by Presidential Decree No. 24174, Nov. 12, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(7) Except as otherwise expressly prescribed by this Decree, matters necessary for procedures for designating specialist training institutions and for providing education and training shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 22463, Oct. 27, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 9 (Designation of Quality Certifying Institutions)
(1) Requirements for designating a quality certifying institution pursuant to Article 13 (2) of the Act (hereinafter referred to as "certifying institution") shall be as follows:
1. To secure the organization and human resources necessary for conducting certification service;
2. To have facilities necessary for conducting certification service and an environment necessary for operation of such facilities;
3. To formulate evaluation procedures stipulating matters to be evaluated, criteria for evaluation, etc., by field of software to be certified.
(2) When the Minister of Science and ICT designates a certifying institution or cancels the designation thereof pursuant to Article 13 (2) or (5) of the Act, he/she shall announce such designation or cancellation. <Amended by Presidential Decree No. 24174, Nov. 12, 2012; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Matters necessary for detailed requirements and procedures for designation of a certifying institution shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 9-2 (Standards for Quality Certification)
(1) Standards for software quality certification referred to in Article 13 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. That the relevant software functions accurately;
2. That the reliability, efficiency, usability, maintainability, and portability of software shall exceed the level determined by the Minister of Science and ICT.
(2) Detailed standards for software quality certification under paragraph (1) shall be determined and announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 10 (Award of Quality Certification)
(1) Any person who intends to apply for quality certification pursuant to Article 13 of the Act shall file an application with a certifying institution, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20965, Aug. 7, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Any person who has been awarded quality certification from the certifying institution pursuant to Article 13 (3) of the Act may affix a mark to relevant products, documents, etc., indicating that a quality certification has been awarded (hereinafter referred to as "certification mark"). <Amended by Presidential Decree No. 20965, Aug. 7, 2008>
(3) The head of any certifying institution may collect expenses incurred in certification examination activities from any person who files an application for certification pursuant to paragraph (1). In such cases, detailed matters necessary for collecting certification expenses shall be determined and announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 20965, Aug. 7, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Issuance of certificates, the form of the certification mark and other matters necessary for quality certification shall be prescribed by Ordinance of Ministry of Science and ICT. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 10-2 (Objects of Benchmark Tests)
(1) The objects of tests for the quality performance assessment of software (hereinafter referred to as "benchmark test" or "BMT") prescribed in Article 13-2 (1) of the Act shall be products which the Minister of Science and ICT deems necessary for evaluation and publicly announces for promotion of utilization of outstanding software products among those subject to separate order, which the State, a local government, or the head of a corporation which the State or a local government has made investment in or contributions to, public organizations, etc., (hereinafter referred to as “State agency, etc.”) intends to purchase via competitive bids. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT shall determine and announce detailed criteria for assessment for the benchmark test pursuant to paragraph (1). <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 26767, Dec. 30, 2015]
 Article 10-3 (Request Procedures for Benchmark Tests)
(1) The head of a State agency, etc., shall request in writing (including electronic documents) with attachment of documents provided by Ordinance of the Ministry of Science and ICT under Article 13-2 (1) of the Act when he/she requests a benchmark test from an testing institution designated under paragraph (2) of the same Article (hereinafter referred to as “designated testing institution”). <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The designated testing institution which is requested under paragraph (1) shall notify the results in writing (including electronic documents) to the head of a State agency, etc., after conducting a benchmark test.
(3) The head of a State agency, etc., may utilize the test results in purchasing software products if there are results obtained from the designated testing institution, which has already tested the same software products for evaluation.
(4) Matters necessary for requests and notification procedures of a benchmark test other than matters provided in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 26767, Dec. 30, 2015]
 Article 10-4 (Requirements for Designation of Testing Institutions)
(1) “Requirements prescribed by Presidential Decree” in Article 13-2 (4) 2 means requirements pursuant to attached Table 2.
(2) Where the Minister of Science and ICT designates a testing institution or revoke its designation under Article 13-2 (2) or (4) of the Act, he/she shall announce such fact. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) Necessary matters concerning the details of requirements and procedures, etc., necessary for the designation of a testing institution shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 26767, Dec. 30, 2015]
 Article 10-5 (Formulation and Operation of General Management Systems of Software Industry Information)
(1) The Minister of Science and ICT may perform the following affairs referred to efficiently formulate the general management system of software industry information and to encourage the use thereof (hereinafter referred to as "General Management System") pursuant to Article 14 (2) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Research and development and technical support for formulating and operating the General Management System;
2. Conduct of joint projects for formulating the General Management System;
3. Facilitation of information-sharing using the General Management System;
4. Other matters necessary for formulating and operating the General Management System.
(2) The Minister of Science and ICT may form and operate a consultative body with enterprises, institutions or organizations related to the software industry to efficiently formulate and operate the General Management System. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 10-6 (Procedures for Making Requests to Submit Data for General Management of Software Industry Information)
Where the Minister of Science and ICT makes a request to submit data pursuant to Article 14 (3) of the Act, he/she shall notify the relevant entity of the following matters in writing by no later than fifteen days prior to the deadline for submission: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Reasons for requesting data;
2. The deadline for submission;
3. Details of data to be submitted;
4. The method and form of data to be submitted;
5. The method of using data to be submitted.
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 11 (Requirements for Designating Institutions Specialized in Management of Software Industry Information and Management Thereof)
(1) In accordance with Article 14 (5) of the Act, an institution eligible for designation as an institution specialized in managing (hereinafter referred to as "institutions specialized in information management") the software industry information pursuant to paragraph (1) of the same Article (hereinafter referred to as "software industry information") shall be any of the following institutions deemed by the Minister of Science and ICT to have human resources and equipment capable of systematically managing software industry information: <Amended by Presidential Decree No. 20965, Aug. 7, 2008; Presidential Decree No. 21692, Aug. 18, 2009; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. National IT Industry Promotion Agency established under Article 26 of the Information and Communications Technology Industry Promotion Act;
2. The Korea Software Industry Association established under Article 26 of the Act;
3. A non-profit corporation which performs affairs related to the software industry.
(2) The Minister of Science and ICT may designate an institution specializing in information management upon subdividing the fields of software industry information. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20965, Aug. 7, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT designates any institution specializing in information management, he/she shall announce the institution so designated and the fields of information management, etc. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 12 (Implementation of Software Industry Information Management Projects)
(1) Every institution specializing in information management shall implement the following software industry information management projects pursuant to Article 14 (6) of the Act: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20965, Aug. 7, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Collection, analysis and provision of information on software-related markets, technologies and software business entities;
2. Other projects commissioned by the Minister of Science and ICT with respect to the management of software-related information.
(2) Every institution specializing in information management may conduct any profit-making business for the purpose of implementing the software industry information management project if necessary to implement any project provided in paragraph (1). <Amended by Presidential Decree No. 20965, Aug. 7, 2008>
 Article 12-2 (Standards for Software Business Impact Assessment)
(1) Where the head of a State agency, etc. conducts a software business impact assessment under Article 14-2 (1) of the Act (hereinafter referred to as “impact assessment”), he/she shall take into general consideration any similarity with private software, possibility of invasion of private markets, need for such business, public nature of the business, etc. and shall prepare a report on the assessment results in accordance with the specific assessment items determined and publicly notified by the Minister of Science and ICT.
(2) The head of a State agency, etc. shall conduct a software business impact assessment at the following times and shall handle the assessment results in a manner specified in the following:
1. When formulating implementation plans for national informatization under Article 7 of the Framework Act on National Informatization, a report on the impact assessment results shall be submitted to the Minister of Science and ICT;
2. When placing an order for a software project, a report on the impact assessment results (excluding any details relating to national security) shall be disclosed at the time public announcement of tender is given;
3. When the head of a State agency, etc. deems that distribution of the software or provision of service might lead to invasion on private markets, a report on the impact assessment results (excluding any details relating to national security) shall be disclosed on the website of such State agency, etc.
(3) Where the head of a State agency, etc. deems the software project to be improper upon impact assessment, he/she shall take such project into reconsideration including making adjustments to its details: Provided, That this shall not apply to any matter relating to national security.
(4) The Minister of Science and ICT may provide the head of a State agency, etc. with technical support necessary to ensure smooth conduct of impact assessment.
(5) Matters necessary for conducting an impact assessment, other than those provided for in paragraphs (1) through (4), shall be determined and publicly notified by the Minister of Science and ICT.
[This Article Newly Inserted by Presidential Decree No. 29069, Jul. 31, 2018]
[Previous Article 12-2 moved to Article 12-3]
 Article 12-3 (Promotion of Software Distribution)
The Minister of Science and ICT may perform the following projects to promote software distribution and support any activities for promoting the distribution of genuine software products pursuant to Article 15 (2) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Collection and analysis of information on software-related technologies and products;
2. Quality verification and technical support for promoting software distribution;
3. Comparative assessment of quality performance of software;
4. Building-up and operation of the General Management System for promoting software distribution;
5. Other projects necessary for facilitating the verification and distribution of genuine software products.
[This Article Wholly Amended by Presidential Decree No. 24174, Nov. 12, 2012]
[Moved from Article 12-2; Previous Article 12-3 moved to Article 12-4]
 Article 12-4 (Facilitation of International Cooperation and Global Market Penetration)
“Institutions or organizations prescribed by Presidential Decree” in Article 16 (2) of the Act means institutions falling under any subparagraph of Article 11 (1).
[This Article Newly Inserted by Presidential Decree No. 19701, Oct. 12, 2006]
[Moved from Article 12-3]
 Article 13 (Forecast of Demand for Software Business)
(1) The head of a State agency, etc., shall submit information on demand for software purchase and an action plan for promoting software projects to the Minister of Science and ICT by the following deadlines pursuant to Article 19 (1) of the Act. In such cases, the head of a State agency, etc., may submit it through the General Management System. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26767, Dec. 30, 2015; Presidential Decree No. 28210, Jul. 26, 2017>
1. Information on demand for software purchase and an action plan for promoting software projects in the relevant year: By no later than March 31st of each year;
2. Information on demand for software purchase and an action for promoting software projects for the following year: By no later than October 30th of each year.
(2) The Minister of Science and ICT shall disclose the information on demand for software purchase and an action plan for promoting software projects submitted under paragraph (1) 1 and 2 through the General Management System within 30 day after receipt thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Institutions eligible for designation as specialized institutions under Article 19 (3) of the Act shall fall under any of the subparagraphs of Article 11 (1).
[This Article Wholly Amended by Presidential Decree No. 22463, Oct. 27, 2010]
 Article 13-2 (Disclosure of Current Status of Software Business Contracts)
(1) "Such information on the current status of direct software contracts, etc., as prescribed by Presidential Decree" in Article 20 (6) of the Act means the following information: <Amended by Presidential Decree No. 24174, Nov. 12, 2012>
1. The name of a software product;
2. The volume and amount of a contract;
3. The date of concluding a contract and the name of a contractor;
4. The name and total size of the relevant software business that involves a software product under a direct contract.
(2) If the head of a State agency, etc., discloses the information provided for in the subparagraphs of paragraph (1) through the General Management System, it shall be deemed that the Minister of Science and ICT is notified of such information under Article 20 (6) of the Act. <Amended by Presidential Decree No. 24174, Nov. 12, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22463, Oct. 27, 2010]
 Article 14 (Utilization of Software Business Entities)
(1) When a State agency, etc., intend to implement a software project, the Minister of Science and ICT may encourage the State agency, etc., to use software business entities. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442 Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) When a State agency, etc., need data on software business entities in respect of the implementation of the relevant software project, the State agency, etc., may request cooperation therefor from the Minister of Science and ICT. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 14-2 (Formation of Deliberative Committee on Task Change of Software Business)
(1) The Deliberative Committee on Task Change of Software Business provided for in Article 20-2 (1) of the Act (hereinafter referred to as "Deliberative Committee on Task Change") shall be comprised of no more than ten members, including one chairperson, and the chairperson shall be elected from among the members of the Deliberative Committee on Task Change.
(2) Members shall be appointed by the head of a State agency, etc. from among the following persons and, if necessary, the head of the State agency may receive recommendations from specialized institutions related to software, such as the National IT Industry Promotion Agency established under Article 26 of the Information and Communications Technology Industry Promotion Act: <Amended by Presidential Decree No. 21692, Aug. 18, 2009; Presidential Decree No. 24174, Nov. 12, 2012>
1. Persons who are or were in the position equivalent to or higher than an assistant professor teaching software-related fields in schools defined in Article 2 of the Higher Education Act;
2. Public officials of Grade IV or higher in an administrative agency related to software affairs or a person who is or was in the position of a public institution corresponding thereto;
3. Software engineers who are professional engineers provided for in Article 9 (1) 1 of the National Technical Qualifications Act, or who have software engineering skills and have at least ten years’ career in the field of software engineering;
4. Other persons recommended by the head of a State agency, etc., as deemed to have abundant knowledge and experience relating to software and software business.
(3) The term of office of members shall be determined by the head of a State agency, etc., within two years and they may be reappointed for further term.
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 14-3 (Operation of Deliberative Committee on Task Change)
(1) The chairperson shall convene meetings of the Deliberative Committee on Task Change and preside over the meetings.
(2) Meetings of the Deliberative Committee on Task Change shall deliberate on and pass a resolution on agendas with a majority of all incumbent members present and the consent of a majority of those present.
(3) Any member of the Deliberative Committee on Task Change shall not participate in deliberating and passing a resolution on any case regarding matters which have direct interests with himself/herself or his/her relatives, or an enterprise to which he/she belongs.
(4) When the Deliberative Committee on Task Change has deliberated and pass a resolution on task change of software business, the head of a State agency, etc., shall take necessary measures, such as reflecting the results to the relevant business, etc.
(5) When the head of a State agency, etc., is requested to convene a meeting of the Deliberative Committee on Task Change by any business entity pursuant to Article 20-2 (2) of the Act, he/she shall immediately inform the chairperson of the request so that a meeting may be held, and notify the relevant business entity of the results of deliberation thereof and a plan to take measures within 30 days after receipt of the request to hold the meeting: Provided, That, in inevitable circumstances, he/she may extend the deadline for notification only once within 30 days in consultation with the relevant business entity.
(6) When the chairperson deems it necessary for deliberating on cases of the Deliberative Committee on Task Change, he/she may request interested persons or related experts to attend a meeting and hear their opinions.
(7) The head of a State agency, etc., may pay allowances to members and related experts who attend a meeting of the Deliberate Committee on Task Change within budgetary limits: Provided, That this shall not apply where a public official member attends a meeting in direct connection with affairs under his/her jurisdiction.
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 14-4 (Cases Available to Make Subcontracts)
(1) “Cases prescribed by Presidential Decree” in Article 20-3 (2) 3 of the Act means where it is deemed necessary to make a subcontract for the operations such as mere purchase, installation and regular inspection, etc., of products among those of contracted businesses for smooth implementation of software businesses which the head of a State agency, etc., has ordered.
(2) Where a contractor makes a subcontract with a subcontractor under the proviso to Article 20-3 (2) of the Act, it shall not exceed 50/100 of the contracted cost.
[This Article Newly Inserted by Presidential Decree No. 26767, Dec. 30, 2015]
 Article 14-5 (Participation Rate of Joint Contractor)
“Rate for business cost prescribed by Presidential Decree” in the former part of Article 20-3 (4) of the Act means 10/100 of the business cost.
[This Article Newly Inserted by Presidential Decree No. 26767, Dec. 30, 2015]
 Article 15 (Procedures for Making Requests to Submit Data for General Management of Software Business Information)
When the Minister of Science and ICT requests the head of a State agency, etc. to submit data pursuant to Article 22 (3) of the Act, he/she shall give written advance notice of the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Reasons for requesting data;
2. The deadline for submission;
3. Details of data to be submitted;
4. The method and form of data to be submitted;
5. The method of using data to be submitted.
[This Article Newly Inserted by Presidential Decree No. 24174, Nov. 12, 2012]
 Article 16 (Unit Wage for Software Engineers)
The unit wage for software engineers, which is necessary for paying an appropriate price for the software business under Article 22 (4) of the Act, shall be set based on surveys and publication made by the Korea Software Industry Association established under Article 26 of the Act pursuant to the Statistics Act.
[This Article Wholly Amended by Presidential Decree No. 24174, Nov. 12, 2012]
 Article 16-2 (Designation of Specialized Institutions for Software Business Information Management)
(1) The Minister of Science and ICT shall designate and announce specialized institutions to perform the duties of collecting, analyzing and managing information on software business pursuant to Article 22 (5) of the Act, from among the institutions eligible for designation as institutions specialized in information management pursuant to Article 11 (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT shall commission the specialized institutions designated under paragraph (1) to collect, analyze, and provide information on software business, and to request documents pursuant to Article 22 (2) and (3) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 24174, Nov. 12, 2012]
 Article 16-3 (Designation of Institution of Software Process Authentication)
(1) Requirements for designating institutions (hereinafter referred to as "process authentication institution") verifying quality of software process (hereinafter referred to as "process authentication") pursuant to Article 23 (1) of the Act shall be as follows:
1. To have an organization and human resources to review necessary for performing process authentication service;
2. To formulate operation procedures required for performing process authentication service in a fair and objective manner.
(2) Where the Minister of Science and ICT designates a process authentication institution or revoke the designation thereof pursuant to Article 23 (2) or (4) of the Act, he/she shall announce such designation or revocation. <Amended by Presidential Decree No. 24174, Nov. 12, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Matters necessary for detailed requirements and procedures for designating process authentication institution shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 16-4 (Process Authentication Criteria)
(1) Process authentication criteria referred to in Article 23 (3) of the Act shall be as follows:
1. To have the management process, such as formulation of a software development plan and control of software;
2. To have the development process, such as analysis and design, required in the development process of software;
3. To have the support process, such as quality assurance, required for quality control of software;
4. To have organization management regarding the process standardization of an organization and the application and spread thereof;
5. To have matters regarding the maintenance, improvement, etc., of software process.
(2) Detailed matters necessary for process authentication criteria referred to in paragraph (1) shall be determined and announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 16-5 (Procedures for Process Authentication)
(1) Any person who intends to obtain process authentication pursuant to Article 23 of the Act shall file an application therefor with a process authentication institution.
(2) Any person who has obtained process authentication pursuant to Article 23 (3) of the Act may affix the process authentication mark prescribed by Ordinance of the Ministry of Science and ICT to his/her products, promotion materials, etc. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) The head of any process authentication institution may receive expenses incurred in relation to examination activities of process authentication from any person who files an application for process authentication pursuant to paragraph (1). In such cases, matters necessary for charging expenses incurred in relation to process authentication shall be determined and announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Matters necessary for filing applications for process authentication and procedures for review thereof shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 17 (Reports of Software Business Entities)
(1) The Minister of Science and ICT may require software business entities to subdivide areas of the software business and report by area pursuant to Article 24 (1) of the Act. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) "Institutions or organizations prescribed by Presidential Decree" in Article 24 (2) of the Act means institutions provided in the subparagraphs of Article 11 (1).
(3) Matters necessary for subdividing areas of the software business and reporting by area under paragraph (1) shall be determined and announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 17-2 (Scope of State Agencies)
The scope of State agencies, etc. provided in Article 24-2 of the Act shall be as follows: <Amended by Presidential Decree No. 19701, Oct. 12, 2006; Presidential Decree No. 20965, Aug. 7, 2008>
1. The State or local governments;
3. Institutions or organizations in which the Government holds largest equity shares by investing paid-in capital therein: Provided, That any financial institution in which the Government invests less than 1/2 of its paid-in capital shall be excluded;
4. Government-funded research institutions provided in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
5. Institutions and organizations that receive contributions from the Government in accordance with statutes and regulations;
6. Local corporations and local public corporations in which a local government have invested at least 1/2 of the capital thereof in accordance with the Local Public Enterprises Act.
[This Article Newly Inserted by Presidential Decree No. 18293, Feb. 25, 2004]
 Article 17-3 Deleted. <by Presidential Decree No. 24174, Nov. 12, 2012>
 Article 17-4 (Standards for Defining Conglomerate Software Business Entities)
Conglomerate software business entities referred to in Article 24-2 of the Act mean companies that are not small and medium enterprises defined in Article 2 of the Framework Act on Small and Medium Enterprises among those reported as software business entities under Article 24 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 22463, Oct. 27, 2010]
 Article 17-5 (Cooperation in Furnishing Data)
Where the Minister of Science and ICT sets the minimum amount of money for a project in which conglomerate software business entities are allowed participate and requests the heads of State agencies, etc. to apply it pursuant to Article 24-2 (2) of the Act, he/she may request the heads of such State agencies, etc. to furnish data on the records of such application. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 18293, Feb. 25, 2004]
 Article 17-6 (Restrictions on Participation of Enterprise Groups Subject to Limitations on Mutual Investment)
The Minister of Science and ICT may restrict the participation of a company that belongs to an enterprise group subject to the limitations on the mutual investment, which has been designated under Article 14 of the Monopoly Regulation and Fair Trade Act, as at the time a contract of the relevant business is concluded, in any software businesses ordered by State agencies, etc., pursuant to Article 24-2 (3) of the Act (excluding any software business falling under any subparagraph of Article 24-2 (2) of the Act), regardless of the business cost. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 24174, Nov. 12, 2012]
 Article 17-7 (Designation of Career Management Institutions of Software Engineers)
"Institutions or organizations prescribed by Presidential Decree" in Article 24-3 (5) of the Act means institutions determined and announced by the Minister of Science and ICT from among institutions eligible for designation as institutions specialized in information management pursuant to Article 11 (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 20965, Aug. 7, 2008]
 Article 17-8 (Designation of Institutions Specialized in Management of and Supervision over Software Business)
(1) The Minister of Science and ICT shall designate and announce institutions specialized in management, supervision and improvement recommendation of software business pursuant to Article 24-4 (4) of the Act (hereafter referred to as “institutions specialized in management and supervision” in this Article) from among institutions eligible for designation as institutions specialized in information management pursuant to Article 11 (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT shall commission institutions specialized in management and supervision to perform following duties pursuant to Article 24-4 (4) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. To manage and supervise a software business promoted by the heads of State agencies, etc., to ensure compliance with the relevant statutes and regulations;
2. To request and analyse data pursuant to Article 24-4 (2) of the Act;
3. To support duties of recommending for improvement of a software business pursuant to Article 24-4 (3) of the Act and duties of receiving and processing the outcomes thereof.
[This Article Newly Inserted by Presidential Decree No. 24174, Nov. 12, 2012]
 Article 18 (Procedures for Authorizing Establishment of Korea Software Financial Cooperative)
(1) When software business entities intend to establish the Korea Software Financial Cooperative (hereinafter referred to as the "Financial Cooperative") pursuant to Article 27 (1) of the Act, at least ten software business entities qualified for members of the Financial Cooperative shall promote the establishment of the Financial Cooperative and file an application for authorization with the Minister of Science and ICT for after passing a resolution on the articles of association at a general inaugural meeting. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) When the Minister of Science and ICT grants authorization referred to in paragraph (1), he/she shall announce such authorization. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Necessary affairs after the establishment of the Financial Cooperative shall be performed by incorporators until executives are elected.
 Article 19 (Matters to Be Entered in Articles of Association)
Matters to be entered in the articles of association of the Financial Cooperative pursuant to Article 27 (3) of the Act shall be as follows:
1. Objectives;
2. Name;
3. Seat of office;
4. Details of services;
5. Matters concerning executives and employees;
6. Qualifications for members and their entry and withdrawal from the Financial Cooperative;
7. Rights and obligations of members;
8. The amount of one contribution share and method of making contributions;
9. Raising and management of fundamental property;
10. Assets and accounting;
11. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>
12. General meetings and the board of directors;
13. Dissolution and disposal of residual property;
14. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>
15. Public announcements;
16. Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016>;
17. Amendments to the articles of association.
 Article 20 (Registration of Financial Cooperative)
(1) When the Financial Cooperative obtains authorization for establishment authorization, it shall register the following matters at the registry office having jurisdiction over the seat of its principal office:
1. Objectives;
2. Name;
3. Services;
4. Seat of office;
5. Date of establishment;
6. Total amount of contributions, the amount of one contribution share and method of making contributions;
7. Limitations on the transfer of contribution certificates;
8. Names, domiciles and resident registration numbers of executives;
9. Limitations on the power of representation;
10. Matters concerning agents;
11. Methods of giving public announcements.
(2) Where any matters registered under each subparagraph of paragraph (1) are amended (excluding the registered matters on the total amount of contributions), such amendment shall be registered within three weeks from the date of amendment.
 Article 21 (Services of Financial Cooperative)
(1) "Services prescribed by Presidential Decree" in subparagraph 5 of Article 28 of the Act means the following affairs for developing the software industry: <Amended by Presidential Decree No. 24174, Nov. 12, 2012>
1. Research and survey projects related to the software mutual aid business;
2. Counseling, assessment and guidance for business management and educational and training programs;
3. Provision of information with respect to orders, etc., placed by foreign nations for software and systems;
4. Projects to promote the welfare of members and other persons employed by such members;
5. Investment in related businesses to attain the objectives of the Financial Cooperative;
6. Projects prescribed by the articles of association, which are incidental to those provided for in subparagraphs 1 through 5.
(2) The Financial Cooperative may perform the following services within the extent not impeding its members' taking advantage of such association for non-member software business entities:
1. Investment prescribed in subparagraph 1 of Article 28 of the Act and provision of loans to invested businesses;
2. Projects provided for in subparagraphs 2 through 4 of paragraph (1).
 Article 22 (Raising Fundamental Property)
"Financial resources prescribed by Presidential Decree" in Article 29 (1) 2 of the Act means the following:
1. Investments, contributions or deposits made by institutions and persons related to the software industry;
2. Borrowed fund for the mutual aid service;
3. Earnings and other revenues.
 Article 23 (Approval of Mutual Aid Regulations)
"Important matters prescribed by Presidential Decree" in the former part of Article 30 (3) of the Act means the following: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. Contributions made by members;
2. Reserves, accumulated fund and revenue of the Financial Cooperative;
3. The multipliers and rates applied to loans provided and guarantees given to members;
4. Raising and management of the fundamental property of the Financial Cooperative.
 Article 24 (Accumulation and Operation of Reserves for Compensating for Losses)
(1) The reserve to compensate for losses under Article 31 (1) of the Act shall be accumulated and operated separately within three percent of the amount of loans provided, the amount of debt guarantee and the amount of performance bond. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
(2) The reserve to compensate for losses referred to in paragraph (1) shall not be used for any purpose other than the purpose of compensating for a loss incurred in connection with the operations of the mutual aid service and of administering such loss.
(3) Matters necessary for accumulating and operating the reserve to compensate for losses shall be determined by the mutual aid regulations.
 Article 25 (Contributions and Contribution Certificates)
(1) Total contributions of the Financial Cooperative shall be the gross amount of face value of shares of contributions made by members.
(2) The Financial Cooperative shall issue a contribution certificate and deliver to a member who made contributions to indicate his/her contributions, as prescribed by the articles of association.
(3) Deleted. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
(4) The liability of members shall be limited to the amount of their contributions.
 Article 26 (Change of Holders of Contribution Certificates)
(1) When a current or former member intends to transfer his/her contribution shares under Article 32 (1) of the Act, he/she shall require the Financial Cooperative to change the holder of contribution certificates, as prescribed by the articles of association.
(2) When the Financial Cooperative acquires contribution shares on the grounds provided in Article 33 (1) 2 or 3 of the Act, it shall dispose of such contribution shares after changing the holder of the contribution certificates to the Financial Cooperative.
 Article 27 (Accounting of Financial Cooperatives)
(1) Contributions and investments among the fundamental property of the Financial Cooperative shall be kept as the capital share account of the capital account and the reserve to compensate for losses shall be kept as the reserve to compensate for loss account of the capital account. <Amended by Presidential Decree No. 26767, Dec. 30, 2015>
(2) The accounting of the Financial Cooperative shall be kept according to the accounting standards of such Financial Cooperative, but the corporate accounting standards shall apply mutatis mutandis to matters not prescribed by such accounting standards and the regulations. <Amended by Presidential Decree No. 26767, Dec. 30, 2015>
 Article 28 (Matters to Be Reported by Financial Cooperative)
The Minister of Science and ICT may require the Financial Cooperative to report the following matters: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters resolved at the general meeting or the meeting of board of directors;
2. Matters required for apprehending the actual financial standing of every member;
3. Other important matters related to the Financial Cooperative and its members.
 Article 29 (Processing of Personally Identifiable Information)
The Minister of Science and ICT (including the institutions announced by the Minister of Science and ICT pursuant to Articles 24-3 (5) and 17-7 of the Act) may process data containing resident registration numbers or alien registration numbers prescribed by subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to receive reports from software engineers, maintain and manage records regarding the career, etc. of software engineers, and issue career certificates, etc. of software engineers pursuant to Article 24-3 of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 24174, Nov. 12, 2012]
 Article 30 (Review of Regulation)
The Minister of Science and ICT shall review the validity of the following matters every three years from the following base dates (this means periods that end the day before every third anniversary from the base date) and take measures including making improvements: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Requirements for designation of a software promotion facility under Article 3 (2): January 1, 2017;
2. Requirements for designation of a software promotion complex under Article 4 (2): January 1, 2017;
3. Requirements for designation of an examination institution under Article 10-4 (1): January 1, 2016;
4. Approval of mutual aid regulations under Article 23: January 1, 2017;
5. Accumulation, operation, etc. of reserves for compensation for losses under Article 24: January 1, 2017;
6. Change of holders of contribution certificates under Article 26: January 1, 2017.
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
 Articles 31 through 38 Deleted. <by Presidential Decree No. 22463, Oct. 27, 2010>
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) Omitted.
(3) (Relationship to Other Statutes and Regulations) A citation of any previous Enforcement Decree of Software Industry Promotion Act or any provision thereof by other statutes and regulations as at the time this Decree enters into force shall be deemed a citation of this Decree or the corresponding provisions of this Decree in lieu of the previous provisions, if corresponding provisions exist herein.
ADDENDUM <Presidential Decree No. 18293, Feb. 25, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19701, Oct. 12, 2006>
This Decree shall enter into force six months after the date of its promulgation.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20965, Aug. 7, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Technical Grades and Scope of Accreditation of Software Engineers)
(1) Notwithstanding the amended provisions of attached Table 1, those who fall under the scope of accreditation by grades of software engineers in accordance with the following Table by no later than July 31, 2009 shall be deemed to have technical grades of software engineers pursuant to the amended provisions of attached Table 1:
Technical Grades Persons with Technical Qualification Persons with Academic Career or Experience
Professional Engineers ㆍProfessional Engineers -
Excellent Engineers ㆍPersons qualified as an engineer, who have worked in relevant technical fields for at least ten years;
ㆍPersons qualified as an industrial engineer, who have worked in relevant technical fields for at least 13 years.
ㆍPersons with a doctor's degree, who have worked in relevant technical fields for at least three years;
ㆍPersons with a master's degree, who have worked in relevant technical fields for at least nine years;
ㆍPersons with a bachelor's degree, who have worked in relevant technical fields for at least 12 years;
ㆍPersons who have graduated a junior college and have worked in relevant technical fields for at least 15 years.
Senior Engineers ㆍPersons qualified as an engineer, who have worked in relevant technical fields for at least seven years;
ㆍPersons qualified as an industrial engineer, who have worked in relevant technical fields for at least ten years.
ㆍPersons with a doctor's degree;
ㆍPersons with a master's degree, who have worked in relevant technical fields for at least six years;
ㆍPersons with a bachelor's degree, who have worked in relevant technical fields for at least nine years;
ㆍPersons who have graduated a junior college and have worked in relevant technical fields for at least 12 years;
ㆍPersons who have graduated a high school and have worked in relevant technical fields for at least 15 years;
Intermediate Grade EngineersㆍPersons qualified as an engineer, who have worked in relevant technical fields for at least four years;
ㆍPersons qualified as an industrial engineer, who have worked in relevant technical fields for at least seven years.
ㆍPersons with a master's degree, who have worked in relevant technical fields for at least three years;
ㆍPersons with a bachelor's degree, who have worked in relevant technical fields for at least six years;
ㆍPersons who have graduated a junior college and have worked in relevant technical fields for at least nine years;
ㆍPersons who have graduated a high school and have worked in relevant technical fields for at least 12 years.
Junior EngineersㆍPersons qualified as an engineer
ㆍPersons qualified as an industrial engineer
ㆍPersons with a master's degree;
ㆍPersons with a bachelor's degree;
ㆍPersons who have graduated a junior college;
ㆍPersons who have graduated a high school and have worked in relevant technical fields for at least three years;
Senior
Craftspersons
ㆍPersons qualified as an industrial engineer, who have worked in relevant technical fields for at least four years;
ㆍPersons qualified as a craftsperson, who have worked in relevant technical fields for at least seven years.
ㆍPersons who have graduated a technical or junior college and have worked in relevant technical fields for at least four years;
ㆍPersons who have graduated a high school and have worked in relevant technical fields for at least seven years;
ㆍPersons who have undergone training of a vocational institution and have worked in relevant technical fields for at least seven years;
ㆍPersons who have passed a practical test on technique and have worked in relevant technical fields for at least ten years;
Intermediate Grade Technicians ㆍPersons qualified as an industrial engineer;
ㆍPersons qualified as a craftsperson, who have worked in relevant technical fields for at least three years.
ㆍPersons who have graduated a technical or junior college;
ㆍPersons who have graduated a high school and have worked in relevant technical fields for at least three years;
ㆍPersons who have undergone training of a vocational institution and have worked in relevant technical fields for at least five years;
ㆍPersons who have passed a practical test on technique and have worked in relevant technical fields for at least five years;
ㆍOther persons who have worked in relevant technical fields for at least ten years.
Junior Technicians ㆍPersons qualified as a craftsperson. ㆍPersons who have graduated a high school;
ㆍPersons who have undergone training;
ㆍPersons who have passed a practical test on technique;
ㆍOther persons who have worked in relevant technical fields for at least five years.
(2) Any person whose technical grade has been accredited pursuant to paragraph (1) may confirm his/her technical grades by reporting his/her career, etc. to the Minister of Knowledge Economy by July 31, 2009.
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22463, Oct. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Projects Building-Up Information Systems for Which Participation of Conglomerates Is Restricted)
The amended provisions of subparagraphs 2 through 5 of Article 17-3 shall apply from the first order-placing of a project building up an information system after this Decree enters into force.
ADDENDA <Presidential Decree No. 24174, Nov. 12, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 24, 2012: Provided, That the amended provisions of Article 17-6 shall enter into force on January 1, 2013.
Article 2 (Transitional Measures concerning Accreditation of Software Engineers)
Any person accredited as a software engineer pursuant to the previous provisions as at the time this Decree enters into force shall be deemed accredited as a software engineer pursuant to the amended provisions of Article 1-2.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26767, Dec. 30, 2015>
This Decree shall enter into force on December 31, 2015: Provided, That the amended provisions of Articles 10-2 through 10-6 shall enter into force on January 1, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree 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 Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 29069, Jul. 31, 2018>
This Decree shall enter into force on August 22, 2018.