FRAMEWORK ACT ON ELECTRONIC DOCUMENTS AND TRANSACTIONS
Wholly Amended by Act No. 6614, Jan. 19, 2002
Amended by Act No. 7440, Mar. 31, 2005
Act No. 7796, Dec. 29, 2005
Act No. 7988, Sep. 27, 2006
Act No. 8371, Apr. 11, 2007
Act No. 8362, Apr. 11, 2007
Act No. 8387, Apr. 27, 2007
Act No. 8466, May 17, 2007
Act No. 8461, May 17, 2007
Act No. 8802, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8979, Mar. 21, 2008
Act No. 8932, Mar. 21, 2008
Act No. 9246, Dec. 26, 2008
Act No. 9429, Feb. 6, 2009
Act No. 9504, Mar. 18, 2009
Act No. 9705, May 22, 2009
Act No. 9708, May 22, 2009
Act No. 10220, Mar. 31, 2010
Act No. 10250, Apr. 12, 2010
Act No. 10629, May 19, 2011
Act No. 10854, Jul. 14, 2011
Act No. 11461, jun. 1, 2012
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the development of the national economy by clarifying the legal relevance of electronic documents and electronic transactions, ensuring the security and reliability of electronic documents and electronic transactions, and creating infrastructure for facilitating the use thereof.
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
The definitions of terms used in this Act shall be as follows:
| 1. | The term "electronic document" means information prepared, transmitted, received or stored in an electronic form by an information processing system; |
| 2. | The term "information processing system" means an electronic mechanism or system capable of processing information used for preparing, converting, transmitting, receiving or storing electronic documents; |
| 3. | The term "originator" means a person who prepares and transmits an electronic document; |
| 4. | The term "recipient" means another party to whom an originator transmits an electronic document; |
| 5. | The term "electronic transaction" means a transaction fully or partially conducted by an electronic document when buying and selling goods or services; |
| 6. | The term "electronic commerce operator" means a person who conducts electronic commerce; |
| 7. | The term "electronic transaction user" means a person, other than an electronic commerce operator, who makes electronic commerce transactions; |
| 8. | The term "authorized electronic address" means an address registered pursuant to Article 18-4, which is information comprised of letters and numbers to identify a person who sends or receives an electronic document; |
| 9. | The term "authorized electronic document center" means a person designated under Article 31-2 (1), who conducts the following affairs (hereinafter referred to as "storage of electronic documents, etc.") for others: |
| (a) | Storage or certification of electronic documents; |
| (b) | Other affairs related to electronic documents; |
| 10. | The term "authorized electronic document intermediary" means a person designated under Article 31-18, who sends, receives or relays electronic documents (hereinafter referred to as "distribution of electronic documents") for others. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 3 (Scope of Application) |
This Act shall apply to all electronic documents and electronic transactions, except as otherwise expressly provided for in other Acts.
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
CHAPTER II ELECTRONIC DOCUMENTS
| Article 4 (Validity of Electronic Documents) |
| (1) | No electronic document shall be denied legal effect as a document solely because it is in an electronic form, except as otherwise expressly provided for in other Acts. |
| (2) | Where recording, reporting, storage, keeping, preparation, etc. under Acts provided for in the attached Table has been performed by electronic document, an act under the relevant Act shall be deemed performed. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 5 (Storage of Electronic Documents) |
| (1) | Where an electronic document meets the following requirements, the storage of such electronic document may take the place of the storage of the document provided for in the relevant Acts and subordinate statutes: |
| 1. | That the content of the electronic document shall be available for public perusal; |
| 2. | That the electronic document shall be kept in the same form as when prepared, transmitted or received or in a form reproducible same as the afore-mentioned form; |
| 3. | Where matters concerning an originator, a recipient and the time of transmission or receipt of the electronic document are included therein, such matters shall remain therein. |
| (2) | Where a document converted to a form processible by an information processing system (hereinafter referred to as "document converted to an electronic document") from a paper document or other document not prepared in an electronic form (hereinafter referred to as "document to be converted to an electronic document") meets the following requirements, the storage of such document converted to an electronic document may take the place of the storage of a document provided for in the relevant Act and subordinate statutes: Provided, That this shall not apply where expressly provided for otherwise in any other Act or subordinate statutes: |
| 1. | That a document converted to an electronic document shall be identical to a document to be converted to an electronic document in its content and form; |
| 2. | That a document converted to an electronic document shall meet all requirements referred to in the subparagraphs of paragraph (1). |
| (3) | Requirements for the identity of the content and form of a document converted to an electronic document and a document to be converted to an electronic document, methods and procedures for preparing a document converted to an electronic document and other necessary matters shall be determined and announced by the Minister of Knowledge Economy. |
| (4) | For the purposes of paragraphs (1) and (2), a part needed only for transmission or receipt may not be deemed an electronic document or document converted to an electronic document. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 6 (Time and Place of Transmission or Receipt of Electronic Documents) |
| (1) | An electronic document (including a document converted to an electronic document; hereinafter the same shall apply) shall be deemed sent at the time the electronic document is entered into an information processing system through which a recipient or his/her agent may receive the electronic document. |
| (2) | An electronic document shall be deemed received in any of the following cases: |
| 1. | Where a recipient has designated an information processing system through which he/she will receive the electronic document: When it is entered into the designated information processing system: Provided, That where it is entered into an information processing system other than the designated information processing system, referring to the time the recipient prints it out; |
| 2. | Where a recipient has not designated an information processing system through which he/she will receive the electronic document: When it is entered into the information processing system he/she manages. |
| (3) | An electronic document shall be deemed sent from or received at the location of a place of business of an originator or recipient; where at least two places of business exist, the electronic document shall be deemed sent from or received at the location of the place of business where the relevant electronic document is mainly controlled: Provided, That the originator or recipient has no place of business, such electronic document shall be deemed sent from or received at his/her residence. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 7 (Where Originator is Deemed to have Sent Electronic Documents) |
| (1) | An expression of intent contained in any of the following electronic documents shall be deemed sent by an originator: |
| 1. | An electronic document sent by his/her agent; |
| 2. | An electronic document sent by a computer program developed to send or receive electronic documents automatically or by other electronic means. |
| (2) | In any of the following cases, a recipient of an electronic document may do an act, deeming an expression of intent contained in the electronic document to be the expression of intent of an originator: |
| 1. | Where the recipient has followed the procedure on which he/she agreed upon in advance with the originator in order to verify whether the electronic document was originated from the originator; |
| 2. | Where an electronic document received has been sent by a person who is deemed by the recipient to have sent such electronic document according to the intent of the originator or his/her agent, in view of his/her relationship with the originator or his/her agent. |
| (3) | Paragraph (2) shall not apply in any of the following cases: |
| 1. | Where a recipient has received a notice from an originator that the electronic document is not originated from him/her, and there is a reasonable time to take necessary measures according thereto; |
| 2. | In a case falling under paragraph (2) 2, where a recipient has become aware that the electronic document did not originate from an originator or he/she might have become aware that he/she paid due attention thereto or followed the procedure on which he/she agreed upon with the originator. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 8 (Independency of Electronic Document Received) |
Any electronic document received shall be deemed independent from each other document: Provided, That the same shall not apply where the recipient might have become aware that the same electronic document has been repeatedly transmitted if he/she had followed the procedure for verification agreed upon with the originator or paid due attention thereto.
| Article 9 (Acknowledgement of Receipt) |
| (1) | Where an originator has transmitted an electronic document on condition that the receipt thereof shall be acknowledged, no such electronic document shall be deemed sent until the originator receives a notice of acknowledgment of receipt. In such cases, Article 534 of the Civil Act shall not apply. |
| (2) | Where an originator requests a notice of acknowledgment of receipt without specifying the acknowledgment of receipt as a condition, if the originator has not received any notice of acknowledgment of receipt within a reasonable period (referring to a period if such period is designated by the originator or the period agreed upon between the originator and the recipient), the originator may withdraw the transmission of such electronic document. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 10 (Alteration Pursuant to Agreement between Originator and Recipient) |
An originator and a recipient may conclude an agreement on terms different from the provisions of Articles 6 through 9, except as otherwise expressly provided for in other Acts and subordinate statutes. [This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 11 (Matters Concerning Digital Signatures) |
Matters concerning digital signatures in electronic transactions shall be governed by the Digital Signature Act. [This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
CHAPTER III ENSURING SECURITY OF ELECTRONIC TRANSACTIONS AND PROTECTION OF CONSUMERS
| Article 12 (Protection of Personal Data) |
| (1) | The Government shall formulate and implement policies to protect personal information of electronic transaction users in order to ensure the security and reliability of electronic transactions. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 13 (Protection of Trade Secrets) |
| (1) | The Government shall formulate and implement policies to protect trade secrets of electronic transaction users in order to ensure the security and reliability of electronic transactions. |
| (2) | Every electronic commerce operator (including any person entrusted with the operation of an information processing system; hereafter the same shall apply in this Article) shall take measures to protect trade secrets of electronic transaction users. |
| (3) | No electronic commerce operator shall, without obtaining the consent of an electronic transaction user, provide or divulge a trade secret of the relevant user to any third person. |
| (4) | Matters necessary for the scope of trade secrets, protective measures, etc. under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 14 (Use of Encryption Products) |
| (1) | Any electronic commerce operator may use an encryption product to ensure the security and reliability of electronic transactions. |
| (2) | If the Government deems it necessary for national security, it may restrict the use of encryption products, and take necessary measures to gain access to the original text of encrypted information or encryption technology. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 15 (Formulation and Implementation of Consumer Protection Policies, etc.) |
| (1) | The Government shall formulate and implement policies to protect the basic rights and interests of consumers relevant to electronic transactions and to ensure consumer credibility on electronic transactions pursuant to related Acts and subordinate statutes, such as the Framework Act on Consumers and the Act on the Consumer Protection in the Electronic Commerce Transactions, etc. |
| (2) | The Government may recommend electronic commerce operators and business operators' organizations to voluntarily establish a code of conduct to prevent unfair conduct related to electronic transactions. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 16 (Prevention of Losses to and Remedies for Consumers) |
| (1) | The Government shall formulate and implement policies on the provision of information to consumers and the proliferation of education, etc., in order to prevent the occurrence of loss to consumers related to electronic transactions. |
| (2) | The Government shall formulate and implement necessary measures so that it may promptly and fairly deal with complaints from and losses to consumers related to electronic transactions. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 17 (Matters to be Generally Observed by Electric Commerce Operators) |
Every electric commerce operator shall comply with the following matters in order to protect consumers related to electronic transactions and to ensure the security and reliability of electronic transactions:
| 1. | Provision of its trade name (including the name of the representative of a corporation, if applicable), information on itself and accurate information on goods, services, the terms of a contract, etc.; |
| 2. | Provision and preservation of contractual terms and conditions so that consumers may easily have access to or recognize them; |
| 3. | Formulation of procedures by which a consumer may cancel or change his/her order; |
| 4. | Formulation of procedures for easy withdrawal of an application, cancellation or termination of a contract, exchange, return of goods and refund of payments, etc.; |
| 5. | Formulation of procedures to promptly and fairly deal with consumer complaints and requests; |
| 6. | Preservation of transaction records required for the verification of transactions for a fixed period. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 18 (Certification of Electric Commerce Operators) |
The Minister of Knowledge Economy may certify an exemplary electric commerce operator in order to promote electronic transactions and protect electronic transaction users.
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 18-2 (Certification Marks) |
| (1) | Any electronic commerce operator that has obtained certification (hereinafter referred to as "exemplary electronic commerce operator") under Article 18 (1) may use a certification mark of an excellent electronic commerce operator (including a mark by any electronic means, such as the Internet; hereinafter the same shall apply), as prescribed by Presidential Decree. |
| (2) | No person, other than an exemplary electronic commerce operator, shall use a certification mark referred to in paragraph (1) or a similar mark similar thereto, or publicize him/her as such. |
[This Article Newly Inserted Amended by Act No. 11461, Jun. 1, 2012]
| Article 18-3 (Revocation of Certification) |
Where an electronic commerce operator falls under any of the following cases, the Minister of Knowledge Economy may revoke certification granted under Article 18 (1): Provided, That where it falls under subparagraph 1, he/she shall revoke its certification: | 1. | Where it has obtained certification by fraudulent or other unlawful means; |
| 2. | Where it has violated matters to be generally observed by an electronic commerce operator under Article 17; |
| 3. | Where it has failed to meet standards for certification under Article 18 (3). |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 18-4 (Registration of Authorized Electronic Addresses) |
| (1) | Any person who intends to send or receive electronic documents using his/her authorized electronic address shall register his/her authorized electronic address with the exclusively responsible agency under Article 22 (1). |
| (2) | Upon receipt of an application for registration under paragraph (1), the exclusively responsible agency under Article 22 (1) shall confirm whether an authorized electronic address applied for registration conforms to international standards, etc., and enter and store the details thereof in an information processing system. |
| (3) | The exclusively responsible agency under Article 22 (1) may collect fees from persons who apply for registration pursuant to paragraph (1). |
| (4) | Matters necessary for registration and storage of authorized electronic addresses and registration fees under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Knowledge Economy. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 18-5 (Generation and Issuance of Distribution Certificates, etc.) |
| (1) | Where an electronic document is sent, received or read through an authorized electronic address, the exclusively responsible agency under Article 22 (1) shall generate and store information including the following matters (hereinafter referred to as "distribution information"): |
| 1. | Time the electronic document is sent and received; |
| 2. | The sender and the recipient of the electronic document; |
| 3. | Other matters prescribed by Presidential Decree concerning transmission and receipt of electronic documents. |
| (2) | An originator and a sender may be issued a distribution certificate from the exclusively responsible agency under Article 22 (1), which stores distribution information. |
| (3) | Where the exclusively responsible agency under Article 22 (1) has issued a distribution certificate according to the method and procedure prescribed by Presidential Decree, such distribution certificate shall be presumed true and correct. |
| (4) | Matters necessary for the generation, storage and issuance of distribution certificates under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 18-6 (Prohibition of Collection, etc. of Authorized Electronic Addresses through Automated Programs, etc.) |
| (1) | No one shall collect authorized electronic addresses through an automated program or technical mechanism that collects authorized electronic addresses. |
| (2) | No person shall sell or provide any collected authorized electronic address in violation of paragraph (1). |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 18-7 (Prohibition of Sending Advertisements) |
No one shall send any commercial or public-relations advertisements to the authorized electronic address of any recipient.
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
CHAPTER IV FORMULATION OF BASIC POLICIES ON ELECTRONIC DOCUMENTS AND ELECTRONIC TRANSACTIONS AND SYSTEM FOR PROMOTION THEREOF
| Article 19 (Principles of Basic Policies on Electronic Documents and Electronic Transactions and Responsibility of Government) |
The Government shall formulate and implement basic policies on electronic documents and electronic transactions according to the following principles to facilitate the use of electronic documents and electronic transactions:
| 1. | Promoting the use of electronic documents and electronic transactions led by the private sector; |
| 2. | Minimizing regulations; |
| 3. | Ensuring the security and reliability of electronic documents and electronic transactions; |
| 4. | Strengthening international cooperation. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 20 (Formulation and Implementation of Plan to Facilitate Use of Electronic Documents and Electronic Transactions) |
| (1) | The Government shall formulate and implement a plan including the following matters are included (hereinafter referred to as "plan to facilitate the use of electronic documents and electronic transactions") according to the principles of basic policies on electronic documents and electronic transactions formulated under Article 19: |
| 1. | Basic direction-setting for a plan to facilitate the use of electronic documents and electronic transactions; |
| 2. | Matters concerning international norms related to electronic documents and electronic transactions; |
| 3. | Matters concerning the electronic payment system; |
| 4. | Matters concerning the protection of intellectual property rights; |
| 5. | Matters concerning the protection of the rights and interests of parties to electronic documents and electronic transactions; |
| 6. | Matters concerning ensuring the security and reliability of electronic documents and electronic transactions; |
| 7. | Matters concerning the development and standardization of technologies relating to electronic documents and electronic transactions; |
| 8. | Matters concerning the creation of an environment to facilitate the use of electronic documents and of electronic transactions and creating demand therefor; |
| 9. | Matters concerning international cooperation related to electronic documents and electronic transactions; |
| 10. | Matters concerning support for creating infrastructure necessary for facilitating the use of electronic documents and electronic transactions; |
| 11. | Matters concerning the establishment of high-speed information and communication networks and the revitalization of the use thereof; |
| 12. | Other matters necessary for facilitating the use of electronic documents and electronic transactions. |
| (2) | The head of a central administrative agency related to a plan to facilitate the use of electronic documents and electronic transactions (hereinafter referred to as "related central administrative agency") shall formulate sectional plans for matters referred to in the subparagraphs of paragraph (1) under his/her jurisdiction, and take such plans into consideration when formulating and implementing major policies. |
| (3) | The Minister of Knowledge Economy shall formulate a plan to facilitate the use of electronic documents and electronic transactions by integrating sectional plans of each related central administrative agency. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 21 Deleted.<by Act No. 9504, Mar. 18, 2009> |
| Article 22 (Agency Exclusively Responsible for Promoting Use of Electronic Documents and Electronic Transactions) |
| (1) | The Government may authorize the National IT Industry Promotion Agency established under Article 26 of the Information and Communication Industry Promotion Act (hereinafter referred to as "exclusively responsible agency") perform the following affairs so that the exclusively responsible agency may support the efficient and systematic performance of projects to facilitate the use of electronic documents and electronic transactions and the development of related policies: |
| 1. | Support for certification of facilities or equipment creating documents converted to electronic documents under Article 23 (3); |
| 2. | Research and development projects of standards related to electronic documents and electronic transactions under Article 24, the dissemination and international standardization of such standards; |
| 3. | Support for technical development under Article 25; |
| 4. | Support for fact-finding surveys of statistics on electronic documents and electronic transactions under Article 28; |
| 5. | Support for business affairs designating authorized electronic document centers under Article 31-2; |
| 6. | Support for reporting of working rules, such as the storage of electronic documents, under Article 31-8; |
| 7. | Support for technologies on measures for protecting electronic documents by authorized electronic document centers under Article 31-9 (3); |
| 9. | Support for business affairs designating authorized electronic documents intermediaries under Article 31-18; |
| 10. | Operation of the Mediation Committee of Disputes on Electronic Documents and Transactions under Article 32. |
| (2) | The exclusively responsible agency may collect fees from persons who apply for certification under paragraph (1) 1, as prescribed by Ordinance of the Ministry of Knowledge Economy. |
| (3) | The Government may fully or partially subsidize expenses incurred by the exclusively responsible agency in performing projects to facilitate electronic transactions and the use of electronic documents within budgetary limits or within the Information and Communication Technology Promotion Fund established under Article 41 of the Information and Communication Technology Industry Promotion Act. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
CHAPTER V FACILITATING USE OF ELECTRONIC DOCUMENTS AND ELECTRONIC TRANSACTIONS AND CREATING INFRASTRUCTURE THEREFOR
| Article 23 (Facilitating Use of Electronic Documents, etc.) |
| (1) | The Government shall formulate and implement necessary policies, such as amending various Acts and subordinate statutes, in order to facilitate the use of electronic documents. |
| (2) | The Minister of Knowledge Economy may determine and announce standard guidelines for requirements, methods and procedures for the preparation, transmission, receipt and storage of electronic documents to facilitate the use thereof. |
| (3) | The Minister of Knowledge Economy may grant certification for facilities or equipment used for creating documents converted to electronic documents in order to ensure the reliability of documents converted to electronic documents. |
| (4) | In connection with certification for facilities or equipment under paragraph (3), facilities or equipment eligible for certification, criteria, procedures for and methods of managing certification and other necessary matters shall be prescribed by Ordinance of the Ministry of Knowledge Economy. |
| (5) | The Minister of Knowledge Economy shall investigate the actual operation status and post management status of facilities and equipment certified pursuant to paragraph (3), and when he/she deems a facility or equipment fails to comply with any of the criteria for certification as a result of investigation, he/she may request a correction of such facility or equipment. |
| (6) | When a facility or equipment certified pursuant to paragraph (3) falls under any of the following, the Minister of Knowlege Economy may revoke the certification thereof: Provided, That where a facility or equipment falls under subparagraph 1, he/she shall revoke the certification thereof: |
| 1. | Where a facility or equipment is certified by fraudulent or other unlawful means; |
| 2. | Where a facility or equipment substantially fails to comply with any of the criteria for certification and thus the reliability of documents converted to electronic documents is at risk of being compromised; |
| 3. | Where a request for correction made under paragraph (5) is not complied with. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 24 (Standardization of Electronic Documents and Electronic Transactions) |
| (1) | The Government shall promote the following activities to efficiently use electronic documents and conduct electronic transactions and to ensure the compatibility of related technologies: |
| 1. | Establishment, amendment and repeal of standards related to electronic documents and electronic transactions and the dissemination thereof; |
| 2. | Research, study and development of domestic and overseas standards related to electronic documents and electronic transactions; |
| 3. | Other activities necessary for standardization related to electronic documents and electronic transactions. |
| (3) | If necessary to efficiently promote activities referred to in the subparagraphs of paragraph (1), the Government may require a relevant institution or private organization to conduct such activities on its behalf. In such cases, it may subsidize expenses incurred in conducting activities, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 25 (Promotion of Technical Development for Electronic Documents and Electronic Transactions) |
The Government shall promote the following to develop technology required for facilitating the use of electronic documents and electronic transactions and to improve technical standards:
| 1. | Matters concerning surveys of technical levels related to electronic documents and transactions, research and development of technology, and utilization of developed technologies; |
| 2. | Matters concerning technical cooperation, technical guidance, and technology transfer related to electronic documents and electronic transactions; |
| 3. | Matters concerning the smooth distribution of technical information related to electronic documents and electronic transactions and industry-science-research cooperation; |
| 4. | Other matters necessary for technical development related to electronic documents and electronic transactions. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 26 (Training of Professionals in Electronic Documents and Electronic Transactions) |
| (1) | The Government shall endeavor to train professionals required for facilitating the use of electronic documents and electronic transactions. |
| (2) | In order to train professionals pursuant to paragraph (1), the Government may fully or partially subsidize expenses incurred in conducting such task to research institutes, such as government-funded research institutions, under the Act on the Establishment, Operation and Fosterage of Government-Funded Research Institutions, schools under the Higher Education Act, private educational institutions, and other related institutions. |
| (3) | Matters necessary for subsidizing expenses to institutions training professionals under paragraph (2) and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 27 (Promotion of Electronic Transactions by Public Sectors) |
The State agencies, local governments, public institutions defined in Article 4 of the Act on the Management of Public Institutions, public organizations, etc. (hereinafter referred to as "State agencies, etc.") shall formulate and implement a plan to procure goods or services necessary for the operation thereof, or to perform their projects through electronic transactions. [This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 28 (Fact-Finding Surveys of Statistics on Electronic Documents and Electronic Transactions) |
| (1) | The Minister of Knowledge Economy may conduct a fact-finding survey of statistics on electronic documents and electronic transactions, etc. in order to effectively formulate and implement policies for facilitating electronic documents and electronic transactions. In such cases, the Statistics Act shall apply mutatis mutandis to the compilation of statistics on electronic documents and electronic transactions. |
| (2) | If necessary for conducting a fact-finding survey of statistics on electronic documents and electronic transactions under paragraph (1), the Minister of Knowledge Economy may request any of the following entities to submit data or state its opinion: |
| 2. | An electronic commerce operator; |
| 3. | A corporation or organization related to electronic documents or electronic transactions. |
| (3) | Any person in receipt of a request to submit data, etc. under paragraph (2) shall comply therewith. |
| (4) | Matters necessary for conducting a fact-finding survey of statistics on electronic documents and electronic transactions shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 29 (Internationalization of Electronic Documents and Electronic Transactions) |
| (1) | In order to promote international cooperation in electronic documents and electronic transactions, the Government may provide support for activities, such as exchanges of information, technology or human resources on electronic documents and electronic transactions, joint surveys, research and technical cooperation and international standardization. |
| (2) | The Government shall endeavor to fully participate in discussions related to electronic documents and electronic transactions in international organizations and to respond thereto, and to revitalize entry of electronic commerce operators and business operators related to electronic documents into overseas markets. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 30 (Electronic Transactions Support Centers) |
| (1) | The Government shall formulate and promote policies required for facilitating electronic transactions conducted by small and medium enterprises. |
| (2) | In order to facilitate electronic transactions conducted by small and medium enterprises, the Minister of Knowledge Economy may designate an institution which supports education and training, technological guidance, management consulting, provision of information, etc. related to electronic transactions as an electronic transactions support center (hereinafter referred to as "support center"). |
| (3) | Matters necessary for criteria for designation of a support center, reporting outcomes from performing activities, subsidization of expenses and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 30-2 (Revocation of Designation of Support Centers) |
If a support center falls under any of the following, the Minister of Knowledge Economy may revoke the designation thereof: Provided, That if it falls under subparagraph 1, he/she shall revoke the designation thereof:
| 1. | Where it has obtained designation as a support center by fraudulent or other unlawful means; |
| 2. | Where there is no outcome from activities for at least two consecutive years without just cause; |
| 3. | Where it fails to comply with any of the criteria for designation under Article 30 (3). |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31 (Support for Facilitating Use of Electronic Documents and Electronic Transactions) |
| (1) | In order to facilitate the use of electronic documents and electronic transactions, the State or a local government may provide taxation support, such as tax reductions and exemptions, and financial support and other necessary administrative support, as prescribed by tax-related Acts, including the Restriction of Special Taxation Act and the Restriction of Special Local Taxation Act. |
| (2) | Where a corporation or organization related to electronic documents and electronic transactions implements a project specified in a plan to facilitate the use of electronic documents and electronic transactions, the Government may fully or partially subsidize the relevant project cost within budgetary limits. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
CHAPTER V-2 AUTHORIZED ELECTRONIC DOCUMENT CENTERS AND AUTHORIZED ELECTRONIC DOCUMENTS INTERMEDIARIES
SECTION 1 Authorized Electronic Document Centers
| Article 31-2 (Designation of Authorized Electronic Document Centers) |
| (1) | The Minister of Knowledge Economy may designate an entity specialized in the storage of electronic documents, etc. as an authorized electronic document center and require it store electronic documents in order to ensure safety and accuracy in the storage of electronic documents. |
| (2) | Only corporations, State agencies, etc. prescribed by Presidential Decree may be designated as an authorized electronic document center. |
| (3) | An entity intending to be designated as an authorized electronic document center shall apply for designation to the Minister of Knowledge Economy upon being equipped with human resources, technical ability, financial ability and independence in human and physical aspects under Article 31-9 (6) and other facilities, equipment, etc. necessary for the storage of electronic documents. |
| (4) | Matters necessary for human resources, technical ability, financial ability and the criteria, methods and procedures for designation of facilities, equipment, etc. of an authorized electronic document center under paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-3 (Grounds for Disqualification as Authorized Electronic Document Centers) |
None of the following persons or entities shall be designated as an authorized electronic document center:
| 1. | An entity employing any of the following persons among its executives and staff members prescribed by Presidential Decree (hereinafter referred to as "executive, etc."), who directly conduct the storage of electronic documents: |
| (a) | A person incompetent or quasi-incompetent; |
| (b) | A person declared bankrupt, and not yet reinstated; |
| (c) | Any person for which two years have not passed since his/her sentence of imprisonment without labor or heavier punishment was completely executed (including where the execution is deemed completed) or exempted as declared by a court; |
| (d) | Any person who is subject to a suspended sentence of imprisonment without labor or heavier punishment as declared by a court; |
| (e) | Any person disqualified or whose qualification was suspended by court ruling or by other Acts; |
| (f) | Any person for which two years have not passed since its designation as an authorized electronic document center or authorized electronic document intermediary was revoked, who was an executive, etc. of the person whose designation was revoked pursuant to Articles 31-5 (1) and 31-22 (limited to a person directly responsible for the occurrence of the ground for revocation thereof or responsible therefor correspondingly, who is prescribed by Presidential Decree); |
| 2. | Any person for which two years have not passed since its designation was revoked pursuant to Articles 31-5 (1) and 31-22. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-4 (Correction Orders) |
Where an authorized electronic document center falls under any of the following, the Minister of Knowledge Economy may order it to make a correction within a fixed period not exceeding six months:
| 1. | Where it fails to comply with any of the criteria for designation of an authorized electronic document center under Article 31-2 (4); |
| 2. | Where an executive, etc. falls under any of the items of subparagraph 1 of Article 31-3; |
| 3. | Where it fails to report on working rules for the storage of electronic documents, etc., in violation of Article 31-8 (1); |
| 4. | Where it fails to report on any amendment to working rules for the storage of electronic documents, etc., in violation of Article 31-8 (2); |
| 5. | Where it refuses to provide services of storing electronic documents, etc., in violation of Article 31-9 (1); |
| 6. | Where it discriminates unfairly against a user, in violation of Article 31-9 (2); |
| 7. | Where it fails to take measures necessary for preventing the content of any stored electronic document from being damaged or altered, in violation of Article 31-9 (3); |
| 8. | Where security in the storage, transmission or receipt of electronic documents or the accuracy of proof concerning electronic documents is at risk of being compromised because the method or procedure of an authorized electronic document center for conducting its affairs is inappropriate; |
| 9. | Where it fails to purchase insurance, in violation of Article 31-16 (2). |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-5 (Revocation of Designation and Penalty Surcharges) |
| (1) | Where an entity designated as an authorized electronic document center pursuant to Article 31-2 falls under any of the following, the Minister of Knowledge Economy may revoke its designation or order it to fully or partially suspend within a fixed period not exceeding one year, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That where it falls under subparagraph 1 or 2, he/she shall revoke its designation: |
| 1. | Where it has obtained designation under Article 31-2 (1) by fraudulent or other unlawful means; |
| 2. | Where it has continued its affairs during a period for which its affairs are suspended; |
| 3. | Where it fails to begin operations for at least one year from the date it has obtained designation under Article 31-2 (1), or fails to conduct its affairs, such as the storage of electronic documents, for at least one consecutive year after beginning operations; |
| 4. | Where it fails to comply with a correction order issued under Article 31-4 within a fixed period. |
| (2) | Where the Minister of Knowledge Economy must impose the suspension of operations because an entity designated as an authorized electronic documents center falls under paragraph (1) 3 and 4 and he/she deems that the suspension of operations will cause serious inconvenience to users of an authorized electronic document center, or harm public interests, he/she may impose a penalty surcharge not exceeding 100 million won in lieu of the suspension of operations. |
| (3) | The amount of a penalty surcharge depending on the type and severity of an offense on which a penalty surcharge is imposed pursuant to paragraph (2) and methods for computing the penalty surcharge and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | When any person liable to pay a penalty surcharge under paragraph (2) fails to pay it by the payment due date, the Minister of Knowledge Economy shall collect it in the same manner as delinquent national taxes are collected. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-6 (Effect of Storage through Authorized Electronic Document Centers) |
Where an authorized electronic document center stores electronic documents, such electronic documents shall be deemed stored under Article 5 (1) or (2). [This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-7 (Presumption of Content of Electronic Documents, etc.) |
| (1) | The content of electronic documents stored in an authorized electronic document center shall be presumed unmodified during the period of storage. |
| (2) | Where an authorized electronic document center issues a certificate of matters on the storage, an originator, a recipient and the date and time of transmission and receipt of an electronic document stored in the relevant authorized electronic document center according to methods and procedures prescribed by Presidential Decree, matters stated on the certificate shall be presumed true and correct. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-8 (Reporting on Working Rules for Storage of Electronic Documents, etc.) |
| (1) | Any authorized electronic document center shall establish working rules for the storage of electronic documents, etc. (hereinafter referred to as "working rules for the storage of electronic documents, etc.") before it begins operations, as prescribed by Ordinance of the Ministry of Knowledge Economy, and report to the Minister of Knowledge Economy. In such cases, the following matters shall be included in working rules for the storage of electronic documents, etc.: |
| 1. | Types of business affairs; |
| 2. | Methods and procedures for conducting business affairs; |
| 3. | Terms and conditions of use of services of storing electronic documents, etc. and user fees; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Knowledge Economy and necessary for conducting business affairs. |
| (2) | Where an authorized electronic document center intends to modify matters reported pursuant to paragraph (1), it shall report in advance to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy. |
| (3) | Where the Minister of Knowledge Economy deems that the content of working rules for the storage of electronic documents, etc. reported pursuant to paragraph (1) is at risk of compromising security and accuracy in the storage of electronic documents, etc. or harm interests of users (hereinafter referred to as "user") of services of storing electronic documents, etc., he/she may order the relevant authorized electronic document center to amend the working rules for the storage of electronic documents, etc. within a fixed period. |
| (4) | When an authorized electronic document center has changed facilities or equipment used for the storage of electronic documents, etc., it shall report to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-9 (Matters to Observe) |
| (1) | No authorized electronic document center shall refuse to provide services of storing electronic documents, etc. without just cause. |
| (2) | No authorized electronic document center shall discriminate unfairly against any user. |
| (3) | An authorized electronic document center shall take necessary measure, as prescribed by Presidential Decree, to prevent the content of stored electronic documents from being damaged or altered. |
| (4) | No authorized electronic document center shall provide or disclose any electronic document stored in the relevant information processing system or other related information to any third person without following due process or without the consent of the originator, recipient and the relevant user of the electronic document. |
| (5) | An authorized electronic document center shall maintain independence in human and physical aspects in the relationship with its users in order to store electronic documents, etc., in a reliable manner and the specific criteria therefor shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-10 (Regular Inspections, etc.) |
| (1) | An authorized electronic document center shall undergo regular inspections by the Minister of Knowledge Economy on the safety of the facilities and equipment it possesses. |
| (2) | Where an authorized electronic document center has reported a change under Article 31-8 (4) or succession under Article 31-14 (3), it shall undergo an inspection by the Minister of Knowledge Economy on the safety of the relevant facilities or equipment. |
| (3) | Standards, timing, subject matter of, and procedures for inspections under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Knowledge Economy. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-11 (Reporting, Inspections, etc.) |
| (1) | If deemed necessary, the Minister of Knowledge Economy may require an authorized electronic document center to submit related data or file a report in writing or by electronic document, and require related public officials to enter an office, a place of business and other related place of the authorized electronic document center to inspect facilities, equipment, documents or other articles relating to the storage of electronic documents, etc., as prescribed by Presidential Decree. |
| (2) | Any public official who conducts an inspection under paragraph (1) shall carry a certificate of identification indicating his/her authority, and produce it to interested parties. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-12 (Security of Related Information, Such as Electronic Documents) |
| (1) | No one shall forge or falsify any electronic document or other related information stored in an authorized electronic document center, or use forged or falsified information. |
| (2) | No one shall be issued a false certificate under Article 31-7 (2) by entering false information or a false command into an information processing system of an authorized electronic document center. |
| (3) | No one shall destroy or damage any electronic document or other related information stored in an authorized electronic document center, or infringe on its confidentiality. |
| (4) | No current or former executive or employee of an authorized electronic document center shall divulge the content of any electronic document or other related information he/she has become aware of in the course of performing his/her duty, or use it for himself/herself or allow any third party to use it. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-13 (Protection of User Information) |
Every authorized electronic document center and authorized electronic document intermediary shall protect personal information of users in relation to the storage of electronic documents, etc. and the distribution of electronic documents, as prescribed by related Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-14 (Transfer, Acquisition, etc. of Business of Authorized Electronic Document Centers) |
| (1) | Any authorized electronic document center may fully or partially transfer its business to any third authorized electronic document center or merge with any third authorized electronic document center. In such cases, the authorized electronic document center shall notify its users of such transfer or merger by no later than 60 days prior to the date it intends to transfer or merge, as prescribed by Ordinance of the Ministry of Knowledge Economy. |
| (2) | Any authorized electronic document center which has transferred its business pursuant to paragraph (1) or any authorized electronic document center surviving a merger or established in the course of a merger shall succeed to the status of the previous authorized electronic document center. |
| (3) | Any entity that has succeeded to the status of the previous authorized electronic document center pursuant to paragraph (2) shall report to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-15 (Discontinuance of Business of Storing Electronic Documents, etc.) |
| (1) | Where an authorized electronic document center intends to discontinue its business of storing electronic documents, etc., it shall notify its users of the discontinuance of its business and report such fact to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy, by no later than 60 days prior to the date it intends to discontinue its business. |
| (2) | An authorized electronic document center which have reported pursuant to paragraph (1) shall transfer electronic documents that it stores and other records on the storage of electronic documents, etc. (hereinafter referred to as "stored documents, etc.") to any third authorized electronic document center: Provided, That where it cannot transfer stored documents, etc. due to inevitable reasons, such as the refusal of any third authorized electronic document center to acquire such stored documents, etc., it shall, without delay, report such fact to the Minister of Knowledge Economy. |
| (3) | Where any of the following cases arises and the Minister of Knowledge Economy deems an emergency measure necessary to ensure the continuity and security of its affairs, such as the storage of electronic documents, he/she may require the exclusively responsible agency to acquire the relevant stored electronic documents, etc. or may require it to take other necessary measures: |
| 1. | Where he/she has received a report under the proviso to paragraph (2); |
| 2. | Where he/she has revoked designation of an authorized electronic document center pursuant to Article 31-5; |
| 3. | Where there arises an inevitable reason making it impossible for an authorized electronic document center to conduct its affairs, such as the storage of electronic documents. |
| (4) | Matters necessary for reporting the discontinuance of business, and transfer and acquisition of stored documents, etc. under paragraphs (1) through (3) and other matters shall be prescribed by Ordinance of the Ministry of Knowledge Economy. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-16 (Liability for Compensation and Purchasing Insurance) |
| (1) | When an authorized electronic document center has inflicted a loss on a user in connection with the storage of electronic documents, etc., it shall compensate the user for such loss: Provided, That where the authorized electronic document center has proved that there is no intention or negligence on its part, this shall not apply. |
| (2) | An authorized electronic document center shall purchase insurance, as prescribed by Presidential Decree, in order to compensate for losses under paragraph (1). |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 31-17 (Fees, etc.) |
An authorized electronic document center may impose necessary charges, such as fees, on applicants for issuance of certificates or its users.
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
SECTION 2 Authorized Electronic Document Intermediaries
| Article 31-18 (Designation of Authorized Electronic Document Intermediaries, etc.) |
| (1) | The Minister of Knowledge Economy may designate an entity specialized in the distribution of electronic documents as an authorized electronic document intermediary to distribute electronic documents in order to ensure stability and reliability in the distribution of electronic documents. In such cases, he/she may first designate a person who represents each field of finance, health care, national defense, etc. where necessary to protect personal information and trade secrets. |
| (2) | Only corporations, State agencies, etc. prescribed by Presidential Decree may be designated as an authorized electronic document intermediary. |
| (3) | Any person who intends to be designated as an authorized electronic document intermediary shall apply for designation to the Minister of Knowledge Economy up being equipped with human resources, facilities, equipment and financial ability and technical ability necessary for distributing electronic documents (hereinafter referred to as "requirements for authorized electronic document intermediaries"). |
| (4) | The Minister of Knowledge Economy may announce the working rules of authorized electronic document intermediaries in order to ensure stability and reliability in the distribution of electronic documents. |
| (5) | Where the Minister of Knowledge Economy designates an authorized electronic document intermediary pursuant to the latter part of paragraph (1), he/she may attach a condition necessary to ensure stability and reliability in the distribution of electronic documents. |
| (6) | Matters necessary for requirements for authorized electronic document intermediaries and procedures for the designation thereof under paragraph (1) and (3) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 31-19 (Grounds for Disqualification as Authorized Electronic Document Intermediaries) |
None of the following entities shall be designated as an authorized electronic document intermediary:
| 1. | An entity, any of the executives of which falls under any of the items of subparagraph 1 of Article 31-3; |
| 2. | An entity for which two years have not passed since its designation was revoked pursuant to Article 31-5 (1) or 31-22. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 31-20 (Reporting by Authorized Electronic Document Intermediaries on Changes) |
When an authorized electronic document intermediary has changed facilities or equipment used for distributing electronic documents, he/she shall report to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 31-21 (Regular Inspections, etc.) |
| (1) | Every authorized electronic document intermediary shall undergo regular inspections by the Minister of Knowledge Economy on the safety of the facilities and equipment it possesses. |
| (2) | When any authorized electronic document intermediary has reported changes under Article 31-20, it shall undergo an inspection by the Minister of Knowledge Economy on the safety of the relevant facilities or equipment. |
| (3) | Matters necessary for standards, timing, subject matter of, and procedures for inspections under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Knowledge Economy. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 31-22 (Revocation of Designation of Authorized Electronic Document Intermediaries) |
Where any authorized electronic document intermediary falls under any of the following, the Minister of Knowledge Economy may revoke its designation, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That where it falls under subparagraph 1, he/she shall revoke its designation:
| 1. | Where it has obtained designation by fraudulent or other unlawful means; |
| 2. | Where it fails to meet requirements for authorized electronic document intermediaries under Article 31-18 (3); |
| 3. | Where its executive falls under subparagraph 1 of Article 31-19: Provided, That this shall not apply where it appoints another executive replacing such executive within three months; |
| 4. | Where it fails to comply with a correction order issued under Article 31-23 within a fixed period. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 31-23 (Correction Orders) |
Where any authorized person replaying electronic documents falls under any of the following, the Minister of Knowledge Economy may order it to make a correction within a fixed period not exceeding six months:
| 1. | Where it violates any provision of working rules under Article 31-18 (4); |
| 2. | Where it fails to comply with a condition attached pursuant to Article 31-18 (5); |
| 3. | Where stability and reliability in the distribution of electronic documents is at risk of being substantially compromised because the method or procedure for conducting its affairs is inappropriate. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
CHAPTER VI MEDIATION COMMITTEE OF DISPUTES ON ELECTRONIC DOCUMENTS AND ELECTRONIC TRANSACTIONS
| Article 32 (Establishment and Composition of Mediation Committee of Disputes on Electronic Documents and Electronic Transactions, etc.) |
| (1) | There is hereby established a Mediation Committee of Disputes on Electronic Documents and Electronic Transactions (hereafter referred to as the "Committee" in this Chapter) to mediate disputes on electronic documents and electronic transactions. |
| (2) | The Committee shall be comprised of at least 15 up to 50 members, including one Chairperson. |
| (3) | Members shall be appointed or commissioned by the Minister of Knowledge Economy from among any of the following persons, and the Chairperson shall be elected by the Committee from among its members: |
| 1. | A current or former associate professor or higher, or person in a position equivalent thereto in a university or officially-recognized research institution, who majored in the field related to electronic documents or electronic transactions; |
| 2. | A current or former Grade IV public official or higher (including a public official in general service belonging to the Senior Civil Service) or a person in a position equivalent thereto in a public agency, who has experience in electronic documents or electronic transactions; |
| 3. | A qualified judge, public prosecutor or attorney-at-law; |
| 5. | Other person who has knowledge and experience in electronic documents or electronic transactions, and the mediation of disputes. |
| (4) | The members shall be non-standing members, and the terms of office of members shall be three years, and renewable for only one further term. |
| (5) | No member shall be dismissed or de-commissioned against his/her will unless he/she can perform his/her duties because he/she was sentenced to the suspension of qualification or heavier punishment, or due to a mental or physical disability. |
| (6) | The secretariat shall be established within the exclusively responsible agency to support the affairs of the Committee. |
| (7) | Except as otherwise expressly provided for in paragraphs (1) through (6), matters necessary for the operation of the Committee and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 32-2 (Abstention, Recusal or Withdrawal of Members) |
| (1) | Where a member of the Committee falls under any of the following, he/she shall abstain from the mediation of the relevant mediation case: |
| 1. | Where the member or his/her current or former spouse becomes a party to the case or is in the relationship of a joint titleholder or co-obligor with the party to the case; |
| 2. | Where the member a current or former relative of a party to the case; |
| 3. | Where the member bore witness in or assessed the relevant case; |
| 4. | Where the member is or was involved in the relevant case as an agent of the party to the case. |
| (2) | Where a party to the case is in a circumstance that he/she anticipates unfairness in mediation, he/she may apply for recusal of the relevant member to the Committee. In such cases, the Chairperson deems an application for recusal appropriate, he/she shall decide to recuse the member. |
| (3) | Where a member falls under a ground referred to in paragraph (1) or (2), he/she may voluntarily withdraw from the mediation of the relevant case with the permission of the Chairperson. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 33 (Mediation of Disputes) |
| (1) | Any person who intends to obtain a remedy for any loss or seek mediation of a dispute related to an electronic document or electronic transaction may apply for mediation of the dispute to the Committee: Provided, That this shall not apply where the mediation of the dispute has been completed in accordance with other Act. |
| (2) | The Mediation Board (hereinafter referred to as the "Mediation Board") comprised of not more than three members shall conduct mediation: Provided, That the Committee shall conduct mediation if Committee has resolved to mediate for itself. |
| (3) | Members of the Mediation Board shall be appointed for each case by the Chairperson from among the members of the Committee, and at least one person falls under Article 32 (3) 3 shall be included as a member. |
| (4) | The Committee or the Mediation Board shall prepare a mediation plan within 45 days after receipt of an application for mediation of a dispute under paragraph (1), and recommends the parties to the dispute (hereinafter referred to as "parties"): Provided, That where it intends to extend such deadline due to extenuating circumstances, it shall notify the parties of its intention, specifying the grounds therefor and the new deadline. |
| (5) | The parties in receipt of recommendation under the main sentence of paragraph (4) shall inform the Committee or the Mediation Board of whether they agree to a mediation plan within 15 days after receipt of recommendation. In such cases, they shall be deemed to have accepted the mediation plan unless they express their intention within 15 days. |
| (6) | Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for procedures for mediation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 34 (Requests for Data, etc.) |
| (1) | The Committee may request the parties or a witness to provide data required for the mediation of a dispute. In such cases, the relevant parties shall comply with such request unless they have just cause. |
| (2) | Where the Committee deems it necessary, it may require the parties or a witness to attend a meeting of the Committee to hear their opinions. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 34-2 (Refusal and Suspension of Mediation) |
| (1) | The Committee may refuse to mediate the case in any of the following cases: |
| 1. | Where the mediation of a dispute has been completed in accordance with other Act; |
| 2. | Where it is deemed inappropriate for the Committee to mediate a dispute in light of the nature of the case; |
| 3. | Where the Committee deems that an application for the mediation of a dispute has been filed for any unlawful purpose. |
| (2) | Where a party brings a lawsuit against the other party before the mediation of a dispute finishes, the Committee may suspend such mediation. |
| (3) | Where the Committee refuses to mediate the case pursuant to paragraph (1) or suspends mediation pursuant to paragraph (2), it shall notify the parties of the fact and grounds therefor. |
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
| Article 35 (Completion of Mediation) |
| (1) | Mediation shall be completed in any of the following cases: |
| 1. | Where parties consent to a mediation plan under Article 33 (4); |
| 2. | Where parties submit a mediated agreement to the Committee. |
| (2) | Where mediation is completed pursuant to paragraph (1), the Committee shall send to the parties a protocol of mediation signed and sealed by the Committee Chairperson and each party. |
| (3) | A protocol of mediation referred to in paragraph (2) shall have the same effect as a consent judgment under the Civil Procedure Act. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 36 (Cessation of Mediation) |
The Committee shall notify the parties of the cessation of mediation in any of the following cases:
| 1. | Where an application for mediation is withdrawn, or any of the parties fails to comply with the mediation of a dispute; |
| 2. | Where the parties refuse a mediation plan of the Committee. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 37 (Expenses for Mediation, etc.) |
| (1) | The Committee may have an applicant for mediation of a dispute bear expenses for mediation, as prescribed by Presidential Decree. |
| (2) | The Government may subsidize expenses incurred in the operation of the Committee within budgetary limits. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 37-2 (Confidentiality) |
No person who conducts or has conducted affairs related to the mediation of a dispute of the Committee shall divulge confidential information he/she has become aware of in the course of performing his/her duty to any third person or appropriate it for any purpose other than the official purpose: Provided, That this shall not apply where expressly provided for otherwise in any other Acts.
[This Article Newly Inserted by Act No. 11461, Jun. 1, 2012]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 38 (Prohibition of Use of Similar Names) |
| (1) | No entity, other than one designated as an authorized electronic document center, shall use an authorized electronic document center or similar in its name. |
| (2) | No entity, other than one designated as an authorized electronic document intermediary, shall use an authorized electronic document intermediary or similar in its name. |
| (3) | No one shall use an authorized electronic address or similar for non-authorized electronic address. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 39 (Delegation or Entrustment of Authority) |
The Minister of Knowledge Economy may delegate part of his/her authority under this Act to the head of an agency under his/her jurisdiction or the head of a local government, or entrust such authority to the head of a related central administrative agency or an specialized institution, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
This Act shall also apply to foreigners and foreign corporations: Provided, That with respect to foreigners or foreign corporations of a State which does not provide protection corresponding to this Act to citizens or corporations of the Republic of Korea, protection under this Act or treaties to which the Republic of Korea acceded or concluded by the Republic of Korea may be restricted commensurately therewith.
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
Where the Minister of Knowledge Economy falls under any of the following, he/she shall hold a hearing:
| 1. | Where he/she intends to revoke the designation of a support center pursuant to Article 30-2; |
| 2. | Where he/she intends to revoke the designation of an authorized electronic document center pursuant to Article 31-5 (1); |
| 3. | Where he/she intends to revoke the designation of an authorized electronic document intermediary pursuant to Article 31-22. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 42 (Deemed Public Officials for Purposes of Penal Provisions) |
| 1. | An executive or employee of an authorized electronic document center; |
| 2. | An executive of an authorized electronic document intermediary; |
| 3. | A non-public official member of the Committee among its members. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
CHAPTER VIII PENAL PROVISIONS
| Article 43 (Penal Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment for not more than ten years or by a fine not exceeding 100 million won: |
| 1. | A person who forges or falsifies an electronic document or other related information stored in an authorized electronic document center or uses forged or falsified information, in violation of Article 31-12 (1); |
| 2. | A person who is issued a false certificate under Article 31-7 (2) by entering false information or a false command into the information processing system of an authorized electronic document center, in violation of Article 31-12 (2). |
| (2) | An attempted offender referred to in paragraph (1) shall be punished. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 44 (Penal Provisions) |
Any of the following persons shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won:
| 1. | A person who destroys or damages an electronic document or other related information stored in an authorized electronic document center, or infringes on its confidentiality, in violation of Article 31-12 (3); |
| 2. | A current or former executive or employee of an authorized electronic document center, who divulges the content of an electronic document or other related information he/she has become aware of in the course of performing his/her duty, or uses such content for himself/herself or allows any third party to use such content, in violation of Article 31-12 (4); and |
| 3. | A person who divulges confidential information he/she has become aware of in the course of performing his/her duty to any third person or appropriate it for any purpose other than the official purpose, in violation of Article 37-2. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
| Article 45 (Joint Penal Provisions) |
If the representative of a corporation, or an agent, an employee or any other servant of a corporation or an individual has committed an offense under Article 43 or 44 in connection with the affairs of the corporation or individual, not only shall a relevant offender be punished accordingly, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision of the relevant affairs to prevent such offense. [This Article Wholly Amended by Act No. 9246, Dec. 26, 2008]
| Article 46 (Fines for Negligence) |
| (1) | Any of the following persons shall be punished by a fine for negligence not exceeding 30 million won: |
| 1. | A person who collects, sells or provides any authorized electronic address, in violation of Article 18-6; |
| 2. | A person who sends any commercial or public relations advertisement to the authorized electronic address of a recipient, in violation of Article 18-7; |
| 3. | An authorized electronic document center that provides or discloses any electronic document or other related information, in violation of Article 31-9 (4). |
| (2) | Any of the following persons shall be punished by a fine for negligence not exceeding ten million won: |
| 1. | A person who uses a mark of exemplary electronic commerce operator, or uses a similar mark or publicizes as such, in violation of Article 18-2 (2); |
| 2. | A person who fails to report working rules for the storage of electronic documents, etc., in violation of Article 31-8 (1); |
| 3. | A person who fails to report any amendment made to working rules for the storage of electronic documents, etc., in violation of Article 31-8 (2); |
| 4. | A person who fails to comply with an order to amend working rules for the storage of electronic documents, etc., in violation of Article 31-8 (3); |
| 5. | A person who fails to report the change of facilities or equipment, in violation of Article 31-8 (4); |
| 6. | A person who refuses to provide services of storing electronic documents, etc. without just cause, in violation of Article 31-9 (1); |
| 7. | A person who discriminates unfairly against a user, in violation of Article 31-9 (2); |
| 8. | A person who fails to take measures necessary for preventing the content of electronic documents stored in an authorized electronic document center from being damaged or altered, in violation of Article 31-9 (3); |
| 9. | A person who fails to undergo an inspection, in violation of Article 31-10 (1) or (2); |
| 10. | A person who fails to submit data or a report, who submits false data or a false report, or who refuses, interferes with or evades entry or inspection of a related public official under Article 31-11 (1); |
| 11. | A person who fails to notify users of the transfer or merger of business of storing electronic documents, etc., in violation of the latter part of Article 31-14 (1); |
| 12. | A person who fails to report succession to the status of an authorized electronic document center, in violation of Article 31-14 (3); |
| 13. | A person who fails to notify users of the discontinuance of business of storing electronic documents, etc. or fails to report such fact to the Minister of Knowledge Economy, in violation of Article 31-15 (1); |
| 14. | A person who fails to transfer or report stored documents, etc., in violation of Article 31-15 (2); |
| 15. | A person who fails to purchase insurance, in violation of Article 31-16 (2); |
| 16. | A person who fails to report the change of facilities or equipment, in violation of Article 31-20; |
| 17. | A person who fails to undergo an inspection, in violation of Article 31-21; |
| 18. | An entity who uses an authorized electronic document center or similar in its name, in violation of Article 38 (1); |
| 19. | An entity who uses an authorized electronic document intermediary or similar in its name, in violation of Article 38 (2); and |
| 20. | A person who uses an authorized electronic address or similar, in violation of Article 38 (3). |
| (3) | Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Knowledge Economy, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11461, Jun. 1, 2012]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2002. |
| (2) | (Transitional Measures for Designation of Electronic Commerce Support Center) The Electronic Commerce Support Center designated under the former provisions as at the time this Act enters into force, shall be deemed the Electronic Commerce Support Center under Article 30. |
| (3) | (Relations with other Acts and Subordinate Statutes) Where the former Framework Act on Electronic Commerce or its provisions are cited in other Acts and subordinate statutes at the time of enforcement of this Act, if there exist any corresponding provisions in this Act, this Act or the corresponding provisions in this Act shall be deemed to have been cited. |
ADDENDA<Act No. 7440, Mar. 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures for Council on Electronic Commerce Policy) The Council on Electronic Commerce Policy established and composed under the former provisions at the time of enforcement of this Act shall be deemed to be the Committee on Electronic Commerce Policy established and composed under the amended provisions of Article 21. |
| (3) | (Transitional Measures for Korea Electronic Documents Exchange Committee) The Korea Electronic Documents Exchange Committee established and composed under the former provisions at the time of enforcement of this Act shall be deemed to be the sectional committee on standards of electronic documents of the Committee on Electronic Commerce Policy established and composed under the amended provisions of Article 21 (5). |
ADDENDA<Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7988, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 8362, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8387, Apr. 27, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 8461, May 17, 2007>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 5 (2) through (4) shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 8802, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 8932, Mar. 21, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8979, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 9246, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 9429, Feb. 6, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM<Act No. 9504, Mar. 18, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9705, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9708, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 10220, Mar.31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 10250, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 10629 May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Terms of Office of Members of Mediation Committee of Disputes on Electronic Documents or Electronic Transactions)
The amended provisions of Article 32 (4) shall apply from the first members appointed or commissioned after this Act enters into force. Article 3 (Applicability to Mediation of Disputes on Electronic Documents or Electronic Transactions)
The amended provisions of Articles 33, 34-2, 35 and 36 shall apply from the first application for mediation of a dispute filed after this Act enters into force. Article 4 (Transitional Measures concerning Certification of Exemplary Electronic Commerce Operators)
The certification of exemplary electronic commerce operator obtained under the former provisions as at the time this Act enters into force shall be deemed the certification of exemplary electronic commerce operator obtained under the amended provisions of Article 18. Article 5 (Transitional Measures concerning Basic Policies on Electronic Transactions)
Basic policies on electronic transactions formulated under the former provisions as at the time this Act enters into force shall be deemed basic polices on electronic documents and electronic transactions formulated under the amended provisions of Article 19. Article 6 (Transitional Measures concerning Plans to Facilitate Electronic Transactions)
A plan to facilitate electronic transactions formulated under the former provisions as at the time this Act enters into force shall be deemed a plan to facilitate electronic documents and electronic transactions formulated under the amended provisions of Article 20. Article 7 (Transitional Measures concerning Authorized Electronic Document Depositories)
A corporation designated as an authorized electronic document depository under the former provisions before this Act enters into force shall be deemed an authorized electronic document center designed under the amended provisions of Article 31-2. Article 8 (Transitional Measures concerning Grounds for Disqualification)
Where any executive of an authorized electronic document center as at the time this Act enters into force newly falls under grounds for disqualification under the amended provision of subparagraph 1 (e) of Article 31-3 due to a ground which arose before this Act enters into force, notwithstanding the said amended provision, the former provision shall apply. Article 9 (Transitional Measures concerning Electronic Commerce Dispute Mediation Committee)
The Electronic Commerce Dispute Mediation Committee established under the former provisions as at the time this Act enters into force shall be deemed the Mediation Committee of Disputes on Electronic Documents and Electronic Transactions established under the amended provisions of Article 32. Article 10 Omitted.