SPATIAL DATA INDUSTRY PROMOTION ACT
Act No. 9438, Feb. 6, 2009
Amended by Act No. 10250, Apr. 12, 2010
Act No. 10629, May 19, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12687, May 28, 2014
Act No. 12735, Jun. 3, 2014
Act No. 12736, Jun. 3, 2014
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the development of the national economy and the qualitative improvement in national life by strengthening the competitiveness of the spatial data industry and promoting the development thereof.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 12735, Jun. 3, 2014>
| 1. | The term "spatial data" means location information on any natural or artificial object that exists in any on-ground, underground, on-water, underwater or other space, and other related information necessary for spatial cognition and decision making; |
| 2. | The term "spatial data industry" means the industry that builds a system or offers services, etc. by producing, managing, processing or distributing any spatial information or through integration or combination with other industries; |
| 3. | The term "spatial data business" means any of the following business that belongs to the spatial data industry: |
| (b) | Business which utilizes satellite image for spatial data; |
| (c) | Equipment industry related to positioning, including global positioning, and location-based service business; |
| (d) | Business of developing, maintaining, managing and servicing software to produce, manage, process or distribute spatial data; |
| (e) | Business of installing and utilizing a spatial data system; |
| (f) | Business of providing educational and counselling services related to spatial data; |
| (g) | Other businesses that utilize spatial data; |
| 4. | The term "spatial data business operator" means any person who carries on any spatial data business; |
| 4-2. | The term "spatial data engineer" means a person who has acquired qualifications, academic background or career in the field related to spatial data business as prescribed in the National Technical Qualifications Act or any other relevant Act and is prescribed by Presidential Act; |
| 5. | The term "processed spatial data" means any spatial data produced by means of processing spatial data or adding any other data thereto; |
| 6. | The term "spatial data, etc." means any spatial data and any processed spatial data, software, equipment, services, etc. based on such spatial data; |
| 7. | The term "combined spatial data industry" means any industry that produces new materials, equipment, software, services, etc. by combining spatial data with other data, technologies, etc. |
| Article 3 (Relationship to other Acts) |
Except as specifically provided for in any other Act, matters regarding the advancement of the spatial data industry, support therefor, etc. shall be governed by this Act.
CHAPTER II POLICIES FOR ADVANCEMENT OF SPATIAL DATA INDUSTRY
| Article 4 (Establishment of Plans for Promotion of Spatial Data Industry) |
| (1) | In order to promote the spatial data industry, the Minister of Land, Infrastructure and Transport shall develop a master plan for advancement of the spatial data industry (hereinafter referred to as "master plan"), including the following matters, every five years according to the master plan for national spatial data policies under Article 6 of the Framework Act on National Spatial Data Infrastructure: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12736, Jun. 3, 2014> |
| 1. | Basic direction of policies for advancement of the spatial data industry; |
| 2. | Matters relating to policies for advancement of the spatial data industry by field; |
| 3. | Matters relating to the development of foundations for the spatial data industry; |
| 4. | Matters relating to the fostering of the local spatial data industry; |
| 5. | Matters relating to the furtherance of combined spatial data industry; |
| 6. | Matters relating to the fostering of spatial data business operators; |
| 7. | Matters relating to the training of human resources who specialize in the spatial data industry; |
| 8. | Matters relating to the research, development and dissemination of technologies using spatial data; |
| 9. | Matters relating to the advancement of use and the vitalization of distribution of spatial data; |
| 10. | Other matters necessary for promoting the spatial data industry. |
| (2) | The Minister of Land, Infrastructure and Transport may develop and implement an annual implementation plan for advancement of the spatial data industry (hereinafter referred to as "implementation plan") within the scope of the master plan, taking into consideration market and technology trends, etc. in the spatial data industry. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may request the head of the competent central administrative agency or the relevant local government to provide materials necessary to develop the master plan referred to in paragraph (1) and the implementation plan referred to in paragraph (2) (hereinafter referred to as "promotion plans"), and the head of the competent central administrative agency or the head of the relevant local government so requested shall cooperate therewith, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall develop the promotion plans and establish them subject to deliberation by the National Spatial Data Committee provided for in Article 5 of the Framework Act on National Spatial Data Infrastructure. The same shall also apply in cases of any alterations to the important matters of the established promotion plans, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12736, Jun. 3, 2014> |
| Article 5 (Disclosure of Public Demand for Spatial Data Industry, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport may survey and disclose the following year‘s public demand for the spatial data industry. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may request the head of the competent central administrative agency to provide materials necessary to survey public demand, and the head of the competent central administrative agency so requested shall comply with it unless there is any special reason to the contrary. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may make a comprehensive survey and disclosure of information on the spatial data industry in general, including the domestic and overseas market and technology trends in the spatial data industry. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Necessary matters regarding the disclosure of public demand and the survey of information on the spatial data industry under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 5-2 (Production of Statistics Related to Spatial Data Industry) |
| (1) | In order to promote the spatial data industry, the Minister of Land, Infrastructure and Transport may produce and manage statistics related to the spatial data industry. |
| (2) | Matters subject to production of statistics under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Statistics Act shall apply mutatis mutandis to the matters other than those provided for in this Act concerning the production of statistics under paragraph (1). |
[This Article Added by Act No. 12735, Jun. 3, 2014]
| Article 6 (Provision of Spatial Data) |
| (1) | The Government may provide persons who intend to use spatial data with spatial data, with or without compensation, which is held by the National Spatial Data Center provided for in Article 25 of the Framework Act on National Spatial Data Infrastructure (hereinafter referred to as the "National Spatial Data Center") or by any such managing agency (excluding any private managing agency; hereinafter the same shall apply) as provided for in subparagraph 4 of Article 2 of the said Act: Provided, That the same shall not apply to the information, the disclosure of which is prohibited under any other Act or subordinate statute. <Amended by Act No. 12735, Jun. 3, 2014; Act No. 12736, Jun. 3, 2014> |
| (2) | Matters necessary for the provision, etc. of spatial data under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 12735, Jun. 3, 2014> |
| (3) | Deleted. <by Act No. 12735, Jun. 3, 2014> |
| Article 7 (Production and Distribution of Processed Spatial Data) |
| (1) | Spatial data business operators may produce and distribute any processed spatial data. In such cases, processed spatial data shall not include any spatial data on any military base provided for in subparagraph 1 of Article 2 of the Protection of Military Bases and Installations Act nor on any military installation provided for in subparagraph 2 of the said Article. |
| (2) | The Minister of Land, Infrastructure and Transport may devise policies to foster industries related to any processed spatial data. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 8 (Vitalization of Distribution of Spatial Data, etc.) |
| (1) | The Government shall endeavor to vitalize the distribution of spatial data, etc. to promote the spatial data industry. |
| (2) | The Minister of Land, Infrastructure and Transport may loan some of the funds incurred in building a spatial data distribution system to any private business operator who installs and manages such a distribution system with a view to sharing and distributing spatial data, etc. (hereinafter referred to as "distribution business operator") or to any person who intends to become such distribution business operator. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Any distribution business operator who is provided with any loan pursuant to paragraph (2) shall, upon request by the Minister of Land, Infrastructure and Transport, provide such related information as the situations of distribution of spatial data. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Methods, standards, etc. for provision of loans to distribution business operators under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 9 (Support for Combined Spatial Data Industry) |
| (1) | The Government may build a combined spatial data system, by establishing an annual plan therefor, to serve public purposes in the areas of disaster, safety, environment, welfare, education, culture, etc. |
| (2) | The Minister of Land, Infrastructure and Transport may provide support for traffic, logistics, indoor positioning systems, ubiquitous city projects, etc. to foster the combined spatial data industry. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 10 (Protection of Intellectual Property Rights) |
| (1) | The Government may implement the following policies to protect intellectual property rights involved in technologies, data, etc. related to spatial data: <Amended by Act No. 10629, May 19, 2011> |
| 1. | Technical protection of private spatial data utilization systems and databases; |
| 2. | Encouragement of display of information on management of new spatial data technologies; |
| 3. | Education and publicity about copyrights and other intellectual property rights to spatial data; |
| 4. | Other incidental businesses necessary to carry on the businesses referred to in subparagraphs 1 through 3. |
| (2) | The Government may entrust the business of implementing such policy as referred to in any subparagraph of paragraph (1) to any institution or organization that specializes in the field of intellectual property rights related to spatial data, etc., as prescribed by Presidential Decree. <Amended by Act No. 10629, May 19, 2011> |
| Article 11 (Financial Support, etc.) |
The State and local governments may implement necessary policies for financial support, etc. to advance the spatial data industry.
CHAPTER III DEVELOPMENT OF FOUNDATION FOR SPATIAL DATA INDUSTRY
| Article 12 (Quality Certification) |
| (1) | The Minister of Land, Infrastructure and Transport may conduct quality certification for equipment, software, services, etc. related to spatial data and processed spatial data to ensure the quality of spatial data, etc. and promote the distribution thereof, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may request managing agencies to preferentially purchase the products manufactured by small and medium businessmen among those, the quality of which is certified pursuant to paragraph (1), and assist the institutions in charge of the training and education of spatial data manpower to preferentially utilize such products. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport may designate a certification agency to conduct quality certification referred to in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Procedures for quality certification under paragraph (1), requirements for designation of the certification agency under paragraph (4), and other necessary matters regarding the conduct of quality certification shall be prescribed by Presidential Decree. |
| Article 13 (Promotion of Development of Spatial Data Technology) |
To promote the development of technologies involved in the spatial data industry, the Government may provide those who engage in the business of such development with all or some of the funds involved.
| Article 14 (Support for Standardization of Spatial Data Industry) |
| (1) | The Minister of Land, Infrastructure and Transport may support various activities to establish the industrial standardization of the technology standards, etc. necessary to jointly use spatial data. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Necessary matters regarding support for the industrial standardization of technology standards, etc. referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 15 (Training, etc. of Technical Manpower) |
| (1) | The Minister of Land, Infrastructure and Transport may develop and implement policies necessary to train manpower specializing in spatial data and improve their techniques. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may designate the institutions in charge of the training of technical manpower to conduct the education and training referred to in paragraph (1), and provide them with necessary budgetary assistance. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Necessary matters regarding the training of technical manpower and the designation, and cancellation of designation, of the institutions in charge of such training referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 16 (Assistance to International Cooperation and Advancement into Foreign Markets) |
| (1) | The Government may provide support for the business of technological and personnel exchange, exhibitions, joint research and development, etc. to promote international cooperation in the spatial data industry and the advancement of related enterprises into foreign markets. |
| (2) | The Minister of Land, Infrastructure and Transport may provide budgetary assistance necessary to carry on the business referred to in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 17 (Price for Services Involved in Spatial Data) |
| (1) | In placing orders for services in relation to spatial data, the head of the managing agency (excluding the head of a private managing agency; hereinafter the same shall apply) concerned may determine the price thereof by applying mutatis mutandis the standards for price determined by the Engineering Industry Promotion Act, the Software Industry Promotion Act and the Land Survey Act. <Amended by Act No. 10250, Apr. 12, 2010> |
| (2) | The standards for the price of services related to spatial data to which the standards for price referred to in paragraph (1) do not apply or are difficult to apply mutatis mutandis may be separately determined by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER IV SUPPORT TO SPATIAL DATA INDUSTRY
| Article 18 (Designation, etc. of Facilities for Promotion of Spatial Data Industry) |
| (1) | To advance the spatial data industry, the Minister of Land, Infrastructure and Transport may designate facilities for advancement of the spatial data industry (hereinafter referred to as "advancement facilities") and provide them with necessary support, including funds, equipment, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any entity that seeks to be designated as a advancement facility shall file an application therefor with the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | To advance the development of the spatial data industry, the Minister of Land, Infrastructure and Transport may attach necessary conditions in designating a advancement facility according to the application referred to in paragraph (2). In such cases, conditions shall be limited to the minimum necessary to advance public interest and shall not include any undue obligation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Necessary matters regarding the requirements for designation of advancement facilities, assistance for such facilities, etc. shall be prescribed by Presidential Decree. |
| Article 19 (Cancellation of Designation of Advancement Facilities) |
When a advancement facility cease to meet the requirements for designation or a person whose facility has been designated as a advancement facility fails to fulfill the conditions of designation referred to in Article 18 (3), the Minister of Land, Infrastructure and Transport may cancel the designation thereof, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 20 (Assistance by Local Governments to Advancement Facilities) |
Local governments may, if necessary to promote the spatial data industry, make contributions to or investments in those who intend to set up advancement facilities, the public organizations, etc. which assist in establishing spatial data businesses. <Amended by Act No. 12687, May 28, 2014>
| Article 21 (Special Cases concerning Investment in Industrial Property Rights, etc.) |
With respect to the establishment of a company aimed at carrying on a spatial data business or the issuance of new stocks by the company so established, if investments therein are made with patent rights, utility model rights or design rights involved in spatial data or any other similar right to technology and the use thereof, the appraisal of the price thereof by any such technology appraisal institution as prescribed by Presidential Decree shall be deemed to be made by such certified appraiser as provided for in Article 299-2 of the Commercial Act.
| Article 22 (Support for Small and Medium Spatial Data Business Operators to Participate in Business) |
| (1) | When a managing agency seeks to conclude a procurement contract for construction works, manufacture, purchase, services, etc. related to spatial data, the Government shall endeavor to provide small and medium spatial data business operators more opportunities to receive orders, which may serve to foster such business operators. |
| (2) | In conducting bidding for construction works, manufacture, purchase, services, etc. related to spatial data, the head of the managing agency concerned may compensate any bidder who failed to win the contract therefor, but earned high marks in appraising the bid proposal, for part of the costs, etc. of preparing such proposal: Provided, That the same shall not apply to any small or medium spatial data business operator who has participated in such bidding in cooperation with a large enterprise. |
CHAPTER IV-2 MANAGEMENT OF SPATIAL DATA BUSINESS
| Article 22-2 (Reports, etc. by Spatial Data Business Operators) |
| (1) | A person who intends to operate a spatial data business shall file a report with the Minister of Land, Infrastructure and Transport on matters prescribed by Ministerial Decree of Land, Infrastructure and Transport, including the spatial data engineers belonging to him/her, and shall file a report on changes if any changes are made in the reported matters: Provided, That where the registration, etc. of the relevant business is made under the Act on Buildup, Management, etc. of Spatial Data, he/she shall be deemed to have filed a report with the Minister of Land, Infrastructure and Transport. |
| (2) | Where necessary for the confirmation of matters reported under paragraph (1) or for the management and supervision of a spatial data business operator, the Minister of Land, Infrastructure and Transport may request necessary data from the heads of the relevant administrative agencies. In such cases, those in receipt of such request shall comply therewith unless extenuating circumstances exist. |
| (3) | Matters necessary for the procedures, etc. for filing reports under paragraph (1) shall be prescribed by Ministerial Decree of Land, Infrastructure and Transport. |
[This Article Added by Act No. 12735, Jun. 3, 2014]
| Article 22-3 (Reports, etc. by Spatial Data Engineers) |
| (1) | Each spatial data engineer shall file a report with the Minister of Land, Infrastructure and Transport on matters prescribed by Ministerial Decree of Land, Infrastructure and Transport, including his/her qualifications, career, academic background and place of employment, and shall file a report on changes if any changes are made in the reported matters: Provided, That where the report, etc. is made under the Act on Buildup, Management, etc. of Spatial Data, he/she shall be deemed to have filed a report with the Minister of Land, Infrastructure and Transport. |
| (2) | The Minister of Land, Infrastructure and Transport shall manage matters reported under paragraph (1), as prescribed by Ministerial Decree of Land, Infrastructure and Transport. |
| (3) | In order to confirm matters reported under paragraph (1), the Minister of Land, Infrastructure and Transport may request necessary data from the spatial data business operator to whom the relevant spatial data engineer belongs. In such cases, the person in receipt of such request shall comply therewith, except in extenuating circumstances. |
| (4) | If requested by a spatial data engineer, the Minister of Land, Infrastructure and Transport shall issue a certificate on matters reported under paragraph (1), as prescribed by Ministerial Decree of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may receive a fee required for the issuance of the certificate. |
| (5) | Matters necessary for the procedures, etc. for filing reports under paragraph (1) shall be prescribed by Ministerial Decree of Land, Infrastructure and Transport. |
[This Article Added by Act No. 12735, Jun. 3, 2014]
CHAPTER V SPATIAL INFORMATION INDUSTRY PROMOTION INSTITUTE, ETC.
| Article 23 (Spatial Information Industry Promotion Institute) |
| (1) | To support the spatial data industry efficiently, the Minister of Land, Infrastructure and Transport shall establish the Spatial Information Industry Promotion Institute (hereinafter referred to as "Institute"). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12735, Jun. 3, 2014> |
| (2) | The Institute shall be a legal entity. <Amended by Act No. 12735, Jun. 3, 2014> |
| (3) | The Institute shall be duly formed upon the completion of the registration of its incorporation at the seat of its principal office. <Added by Act No. 12735, Jun. 3, 2014> |
| (4) | The Institute may perform any business entrusted by the Minister of Land, Infrastructure and Transport among those provided for in the following subparagraphs: <Amended by Act No. 10629, May 19, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12735, Jun. 3, 2014> |
| 1. | Survey of public demand and information on the spatial data industry under Article 5; |
| 1-2. | Production of statistics related to the spatial data industry under Article 5-2; |
| 2. | Survey and analysis of the situations of distribution under Article 8; |
| 3. | Collection and analysis of information necessary to support any combined spatial data industry under Article 9; |
| 4. | Implementation of policies for the protection of intellectual property rights under Article 10; |
| 5. | Assistance to academic-industrial collaboration programs for the spatial data industry; |
| 6. | Quality certification of products and services related to spatial data under Article 12; |
| 7. | Promotion of development of spatial data technologies under Article 13; |
| 8. | Assistance to the standardization of the spatial data industry under Article 14; |
| 9. | Training of and support for technical human resources for the spatial data industry under Article 15; |
| 9-2. | Assistance in the advancement of spatial data business operators, etc. into foreign markets, and foreign exchanges and cooperation related to the spatial data industry under Article 16; |
| 10. | Assistance to advancement facilities under Article 18; |
| 11. | Other matters entrusted by the Minister of Land, Infrastructure and Transport. |
| (5) | In order to raise expenses required to efficiently provide assistance to the spatial data industry and to perform business under paragraph (4), the Institute may engage in profit-making business, as prescribed by Presidential Decree. <Added by Act No. 12735, Jun. 3, 2014> |
| (6) | The Minister of Land, Infrastructure and Transport may provide the Institute expenses incurred in performing business entrusted pursuant to paragraph (4), within budgetary limit. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12735, Jun. 3, 2014> |
| (7) | Any individual, corporation or organization may contribute or donate money, goods or other property to assist the business of the Institute. <Amended by Act No. 12735, Jun. 3, 2014> |
| (8) | Unless otherwise prescribed by this Act, the provisions of the Civil Act concerning an incorporated foundation shall apply mutatis mutandis to the Institute. <Added by Act No. 12735, Jun. 3, 2014> |
| (9) | Other matters necessary for the management, etc. of the Institute shall be prescribed by Presidential Decree. <Amended by Act No. 12735, Jun. 3, 2014> |
| Article 24 (Establishment of Spatial Data Industry Association) |
| (1) | Spatial data business operators and spatial data engineers may establish a Spatial Data Industry Association (hereinafter referred to as "Association") to promote the sound development of the spatial data industry and the mutual interests of its members. <Amended by Act No. 12735, Jun. 3, 2014> |
| (2) | The Association shall be a legal entity. |
| (3) | The Association shall be duly formed upon the completion of the registration of its incorporation at the seat of its principal office. <Added by Act No. 12735, Jun. 3, 2014> |
| (4) | A person who intends to establish an Association shall have articles of association drawn up by the promoters comprising of at least 300 spatial data engineers or at least 10% of spatial data business operators and obtain authorization from the Minister of Land, Infrastructure and Transport after a resolution of the inaugural general meeting. <Added by Act No. 12735, Jun. 3, 2014> |
| (5) | The Association shall perform the following functions: <Amended by Act No. 12735, Jun. 3, 2014> |
| 1. | Study of the spatial data industry, and recommendation for the improvement of the system thereof; |
| 2. | Matters concerning the assistance for activities to protect the copyrights, trademark rights, etc. of spatial data business operators; |
| 3. | Various counseling on spatial data and related technologies; |
| 4. | Training of professional human resources including education of spatial data engineers; |
| 5. | Works that can be performed by the Association upon entrustment under this Act or any other Acts; |
| 6. | Other works necessary to achieve the objectives of establishment of the Association, which are prescribed by the articles of association. |
| (6) | Except as otherwise provided for in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Association. |
| (7) | Other matters necessary for the articles of association, authorization for establishment, supervision thereof, etc. other than those provided for in paragraphs (1) through (6), shall be prescribed by Presidential Decree. <Added by Act No. 12735, Jun. 3, 2014> |
| Article 25 (Establishment, etc. of Collective Spatial Data Investment Scheme) |
| (1) | A collective investment scheme (hereinafter referred to as the "collective spatial data investment scheme") may be established to invest its assets in the spatial data industry and distribute the profits therefrom to stockholders in accordance with the Financial Investment Services and Capital Markets Act. |
| (2) | The Financial Services Commission, which receives an application for the registration of a collective spatial data investment scheme in accordance with Article 182 of the Financial Investment Services and Capital Markets Act, shall consult in advance with the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 26 (Methods of Asset Management) |
A collective spatial data investment scheme shall use 50/100 or more of its capital for any purpose as provided for in any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Investment in spatial data business operators prescribed by Presidential Decree or the acquisition of stocks, shares, rights to benefit or loan claims issued by such business operators; |
| 2. | Such other investments approved by the Minister of Land, Infrastructure and Transport as may be necessary for performance of the business. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 27 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his/her authority under this Act to the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may entrust part of his/her functions under this Act to any institution, corporation or association related to the spatial data industry, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 28 (Legal Fiction of Public Officials) |
Any person who is an officer or employee of any institution, corporation or association entrusted pursuant to Article 23 (4) or 27 (2) and performs the business so entrusted shall be deemed a public official in the application of the Criminal Act. <Amended by Act No. 12735, Jun. 3, 2014>
CHAPTER VII PENAL PROVISIONS
| Article 29 (Penal Provisions) |
Any person who is granted quality certification referred to in Article 12 by false or other unjust means shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won.
| Article 30 (Joint Penal Provisions) |
In cases where the representative of a legal entity or an agent, employee or other hired person by a legal entity or an individual commits any offence prescribed in Article 29 in connection with the business of the said entity or individual, not only shall the wrongdoer be punished accordingly, but the entity or individual shall also be punished by a fine prescribed in the said Article: Provided, That this shall not apply in cases where the said entity or individual has not neglected to supervise the business concerned with due care to prevent such offence.
| Article 31 (Fines for Negligence) |
| (1) | Any of the following persons shall be subject to a fine for negligence not exceeding five million won: <Amended by Act No. 12735, Jun. 3, 2014> |
| 1. | A distributor who fails to comply with a request made pursuant to Article 8 (3) without any justifiable ground; |
| 2. | A person who fails to file a report or report on changes or files a false report or false report on changes, in violation of Article 22-2 (1); |
| 3. | A person who fails to file a report or report on changes or files a false report or false report on changes, in violation of Article 22-3 (1). |
| (2) | Fines for negligence provided for in paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
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. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12687, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 12735, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 (Transitional Measures concerning Establishment of Institute)
| (1) | The Spatial Information Industry Promotion Institute, which is an incorporated foundation (hereinafter referred to as "incorporated foundation") established under Article 32 of the Civil Act as at the time this Act enters into force, shall prepare the articles of incorporation within three months after this Act enters into force and have the establishment of the Institute registered under the amended provisions of Article 23 (3) after obtaining approval from the Minister of Land, Infrastructure and Transport. In such cases, the incorporated foundation shall be deemed dissolved as at the time the registration of establishment is completed, notwithstanding the provisions of the Civil Act on the dissolution and liquidation of a juristic person. |
| (2) | All the functions, rights and obligations, and property under the jurisdiction of the incorporated foundation shall be succeeded by the Institute by a universal title as at the time the registration of establishment is completed under paragraph (1). In such cases, the value of property to be succeeded shall be the book value as of the date immediately preceding the date of succession. |
| (3) | The name of the incorporated foundation indicated on the registers or public records as at the time the registration of establishment is completed under paragraph (1) shall be deemed the name of the Spatial Information Industry Promotion Institute. |
| (4) | The acts conducted by or against the incorporated foundation as at the time the registration of establishment is completed under paragraph (1) shall be deemed the acts conducted by or against the Institute. |
Article 3 (Transitional Measures concerning Association)
The Association established under Article 56 of the former Act on Land Survey, Waterway Survey and Cadastral Records as at the time this Act enters into force shall be deemed the Spatial Data Industry Association under the amended provisions of Article 24 (1). In such cases, the Spatial Data Industry Association shall amend its articles of association, etc. to comply with the amended provisions of Article 24 (7), within six months after this Act enters into force.
ADDENDA <Act No. 12736, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.