ELECTRONIC TRADE FACILITATION ACT
Wholly Amended by Act No. 7751, Dec. 23, 2005
Amended by Act No. 8381, Apr. 11, 2007
Act No. 8356, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9247, Dec. 26, 2008
Act No. 9377, Jan. 30, 2009
Act No. 9705, May 22, 2009
Act No. 10591, Apr. 14, 2011
Act No. 11461, jun. 1, 2012
Act No. 11688, Mar. 23, 2013
Act No. 11690, Mar. 23, 2013
Act No. 12239, Jan. 14, 2014
Act No. 13155, Feb. 3, 2015
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to streamline trade procedures, rapidly circulate trade information and reduce time and costs of handling trade business by creating grounds for electronic trade and facilitating the wide use thereof, thereby enhancing the international competitiveness of domestic industries and contributing to the growth of the national economy.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
The definitions of terms used in this Act shall be as follows: <Amended by Act. 11461, Jun. 1, 2012>
| 1. | The term "electronic trade" means a transaction in which the whole or any part of the trade under subparagraph 1 of Article 2 of the Foreign Trade Act is handled by means of electronic trade documents; |
| 2. | The term "trader" means a person engaged in a trade under subparagraph 3 of Article 2 of the Foreign Trade Act who files an application, report, etc. (hereinafter referred to as "application, etc.") with a trade-related agency in accordance with statutes governing foreign trade, statutes governing foreign exchange transactions, other statutes prescribed by Presidential Decree, and contracts for transportation, insurance, etc. that are concluded between the relevant parties (hereinafter referred to as “trade-related statues, etc.”); |
| 3. | The term "trade-related agency" means an agency which provides trade-related services specified in trade-related statutes, etc. to traders, or grants authorization, licenses or certification and accepts reports, etc. (hereinafter referred to as "authorization, etc."); |
| 5. | The term "electronic trade infrastructure" means an information system that intermediates, keeps and certifies electronic trade documents by systematically interlinking traders with trade-related agencies through information and communications networks. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 3 (Scope of Application) |
This Act shall apply to all electronic trades except for those as provided for in other Acts.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER II SYSTEM FOR FACILITATING ELECTRONIC TRADE
| Article 4 (Development and Implementation of Measures to Facilitate Electronic Trade) |
| (1) | In order to promote electronic trade, the Minister of Trade, Industry and Energy shall develop and implement measures to facilitate electronic trade which includes any of the following matters (hereinafter referred to as "facilitation measures"): <Amended by Act. 11690, Mar. 23, 2013> |
| 1. | Matters relating to the basic direction of the facilitation measures; |
| 2. | Matters relating to the building and operation of electronic trade infrastructure; |
| 3. | Matters relating to the creation of an electronic trade-friendly environment; |
| 4. | Matters relating to international collaboration regarding electronic trade; |
| 5. | Matters relating to the collection, analysis and utilization of statistical data regarding electronic trade; |
| 6. | Matters relating to mediation, etc. for the settlement of disputes between parties regarding electronic trade; |
| 7. | Matters relating to the securement and allocation of funds to facilitate electronic trade; |
| 8. | Other matters necessary to facilitate electronic trade. |
| (2) | Deleted. <Amended by Act. 11688, Mar. 23, 2013> |
| (3) | In order to implement facilitation measures, the Minister of Trade, Industry and Energy may provide necessary support to the agencies or organizations engaging in business related to electronic trade, as prescribed by Presidential Decree. <Amended by Act. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 5 Deleted. <by Act No. 13155, Feb. 3, 2015> |
CHAPTER III ELECTRONIC TRADE INFRASTRUCTURE BUSINESS ENTITIES
| Article 6 (Designation, etc. of Electronic Trade Infrastructure Business Entities) |
| (1) | The Minister of Trade, Industry and Energy may designate a telecommunications service provider under subparagraph 8 of Article 2 of the Telecommunications Business Act, who satisfies the requirements prescribed by Presidential Decree in terms of capital, human resources, and technical capacity, as a person who will undertake electronic trade infrastructure business, as prescribed by Presidential Decree. <Amended by Act. 11690, Mar. 23, 2013> |
| (2) | A person designated under paragraph (1) (hereinafter referred to as "electronic trade infrastructure business entity") may perform any of the following tasks or business affairs: |
| 1. | Tasks of operating electronic trade infrastructure; |
| 2. | Tasks of interlinking electronic trade infrastructure with foreign electronic trade networks; |
| 3. | Tasks of intermediating, safekeeping and certifying trade-related business affairs pursuant to the subparagraphs of Article 12 (1) via electronic trade infrastructure; |
| 4. | Business of intermediating electronic trade documents; |
| 5. | Business that utilizes linkage under subparagraph 2; |
| 6. | Business related to electronic trade services using electronic trade infrastructure; |
| 7. | Research on the standardization of electronic trade documents; |
| 8. | Business of manufacturing and disseminating a collection of trade-related data such as electronic trade documents and information on the distribution of trade cargo (hereinafter referred to as "trade information"), which is systematically processed and kept to be used for searching, etc. (hereinafter referred to as "database"), and the business of utilizing such database; |
| 9. | Business of dissemination of technology related to the intermediation, etc. of electronic trade documents for traders and trade-related agencies, and ex post facto management of the disseminated technology; |
| 10. | Other business prescribed by Presidential Decree for the promotion of electronic trade, such as education and publicity. |
| (3) | No person other than an electronic trade infrastructure business entity shall perform business affairs provided for in paragraph (2) 1 through 3. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 7 (Grounds for Disqualification of Electronic Trade Infrastructure Business Entities) |
| (1) | None of the following persons shall be designated as an electronic trade infrastructure business entity. This shall also apply where a corporation seeking to be designated as an electronic trade infrastructure business entity has an executive officer falling under any of the following items: <Amended by Act. 12239, Jan. 14, 2014> |
| 1. | An incompetent under the adult guardianship; |
| 2. | A bankrupt who has yet to be reinstated; |
| 3. | A person for whom one year has not passed since his/her imprisonment with labor or heavier punishment was completely executed (including where the execution is deemed to have been completed) or exempted as declared by a court for violating this Act; |
| 4. | A person under the suspension of the execution of imprisonment with labor or heavier punishment as declared by a court for violating this Act; |
| 5. | A person for whom two years have not passed since his/her designation was revoked under Article 11 (1). |
| (2) | Where an electronic trade infrastructure business entity falls under any subparagraph of paragraph (1), his/her designation shall lose its effect from the time he/she is found to fall under such subparagraph: Provided, That this shall not apply where an executive officer of a corporation experiences any of such events and such executive officer is replaced by another person within three months therefrom. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 8 (Declaration of Service Charges) |
Where an electronic trade infrastructure business entity intends to fix service charges for the business affairs provided for in Article 6 (2) 3 or to change such charges in order to raise funds necessary to operate electronic trade infrastructure, he/she shall file a declaration thereon with the Minister of Trade, Industry and Energy along with the related materials, such as documents indicating the amount thereof and the details of the account, as determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Act. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 9 Deleted. <by Act No. 9377, Jan. 30, 2009> |
| Article 10 (Corrective Orders) |
Where an electronic trade infrastructure business entity falls under any of the following, the Minister of Trade, Industry and Energy may order him/her to make a correction for a specified period of not more than six months: <Amended by Act. 11690, Mar. 23, 2013>
| 1. | Where he/she no longer meets the standards for designating electronic trade infrastructure business entities pursuant to Article 6 (1); |
| 2. | Where it is deemed that the safety and accuracy of intermediating, safekeeping and certifying electronic trade documents are not ensured; |
| 3. | Where he/she fails to file a report pursuant to Article 8. |
[Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 11 (Revocation, etc. of Designation) |
| (1) | Where an electronic trade infrastructure business entity falls under any of the following, the Minister of Trade, Industry and Energy may revoke his/her designation or order him/her to suspend, in whole or in part, his/her business provided for in Article 6 (2) for a specified period of not more than one year, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That where he/she falls under subparagraph 1 or 2, his/her designation shall be revoked: <Amended by Act. 11690, Mar. 23, 2013> |
| 1. | Where he/she obtains the designation under Article 6 (1) by fraud or other improper means; |
| 2. | Where he/she continues to run his/her business during the period of business suspension; |
| 3. | Where he/she fails to comply with a corrective order under Article 10 within a specified period; |
| 4. | Where he/she discloses electronic trade documents and trade information in violation of the main sentence of Article 21 (1); |
| 5. | Where he/she refuses, obstructs, or evades access or an inspection by relevant public officials under Article 26 (1). |
| (2) | Where an electronic trade infrastructure business entity falls under any of paragraph (1) 3 through 5 and is thus subject to a disposition of business suspension, and such business suspension is deemed likely to cause severe inconvenience for persons using services rendered by the electronic trade infrastructure business entity or harm to the public interest, the Minister of Trade, Industry and Energy may impose a penalty surcharge not exceeding 500 million won in lieu of such business suspension. <Amended by Act. 11690, Mar. 23, 2013> |
| (3) | The amount of a penalty surcharge that is to be imposed according to the type, content and seriousness of an act of violation pursuant to paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | Where a person obligated to pay the penalty surcharge under paragraph (2) fails to pay such penalty surcharge by the payment deadline, the Minister of Trade, Industry and Energy shall collect such in the same manner as delinquent national taxes are collected. <Amended by Act. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER IV USE, ETC. OF ELECTRONIC TRADE INFRASTRUCTURE
| Article 12 (Use, etc. of Electronic Trade Infrastructure) |
| (1) | A trader or trade-related agency seeking to carry out trade affairs by means of electronic trade documents may use electronic trade infrastructure: Provided, That when they conduct any of the following business affairs using electronic documents, such affairs shall be carried out via electronic trade infrastructure: |
| 1. | Notification of a letter of credit by institutions dealing with foreign exchange affairs; |
| 2. | Issuance of a letter of guarantee by institutions dealing with foreign exchange affairs; |
| 3. | Opening of a local letter of credit by institutions dealing with foreign exchange affairs; |
| 4. | Issuance of a written requirement confirmation by institutions involved in the confirmation of requirements for export and import found in the consolidated public notice pursuant to Article 12 (2) of the Foreign Trade Act: Provided, That cases where the head of the competent customs office confirms them pursuant to Article 226 of the Customs Act shall be excluded herefrom; |
| (2) | Where traders and trade-related agencies intend to conduct trade affairs using electronic trade infrastructure, they shall use standardized electronic trade documents under Article 13. |
| (3) | The Korea Customs Service shall link its work to the business affairs of electronic trade infrastructure business entities by transmitting certificates of completion of report under Article 248 (1) of the Customs Act, certificates of origin issued by the heads of the competent customs office pursuant to Articles 37 and 52 (1) of the Foreign Trade Act, and documents used for confirmation under the proviso to paragraph (1) 4 to electronic trade infrastructure in the form of electronic documents. |
| (4) | An electronic trade infrastructure business entity may provide anyone, who intends to send or receive electronic trade documents after being commissioned by a trader, with access to electronic trade infrastructure. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 13 (Standardization of Electronic Trade Documents) |
| (1) | The Minister of Trade, Industry and Energy shall standardize electronic trade documents and publicly notify them in order to facilitate electronic trade after consulting with the heads of relevant central administrative agencies, as prescribed by Presidential Decree. In such cases, this shall also apply to any change to the publicly notified matters. <Amended by Act. 11690, Mar. 23, 2013> |
| (2) | Matters concerning the details and targets of, and the procedures for, the standardization of electronic trade documents pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 14 (Validity of Applications, etc. or Approvals, etc.) |
Where a trader or trade-related agency deals with an application, etc. or approval, etc. by means of electronic trade documents via electronic trade infrastructure, such application, etc. or approval, etc. shall be deemed to have been processed according to the procedures set by trade-related Acts and subordinate statutes, etc.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 15 (Validity of Electronic Trade Documents) |
Electronic trade documents applied, etc. or approved, etc. by any trader or trade-related agency via electronic trade infrastructure shall be deemed to be documents processed according to the procedures set by trade-related Acts and subordinate statutes, etc.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER V SAFEKEEPING AND CERTIFICATION OF ELECTRONIC TRADE DOCUMENTS
| Article 16 (Validity of Electronic Trade Documents Kept by Electronic Trade Infrastructure Business Entities) |
| (2) | Where an electronic trade infrastructure business entity intends to use his/her digital signature in order to keep electronic trade documents, he/she shall use his/her certified digital signature under subparagraph 3 of Article 2 of the Digital Signature Act. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 17 (Certification of Electronic Trade Documents) |
| (1) | Where any electronic trade infrastructure business entity issues a certificate proving the date and time when electronic trade documents were sent and received, the relevant parties, etc., the information contained in such certificate shall be deemed to be authentic. |
| (2) | The standard forms, methods, procedures, etc. that have to be complied with by an electronic trade infrastructure business entity when he/she issues a certificate under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Where any electronic trade infrastructure business entity uses his/her digital signature in order to certify electronic trade documents, he/she shall use his/her certified digital signature under subparagraph 3 of Article 2 of the Digital Signature Act. <Amended by Act No. 13155, Feb. 3, 2015> |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER VI FACILITATION OF USE OF ELECTRONIC TRADE DOCUMENTS
| Article 18 (Facilitation of Use of Electronic Trade Documents) |
The Government shall upgrade various Acts and subordinate statutes and develop and implement necessary policy steps in order to facilitate the use of electronic trade documents.
| Article 19 (Special Cases concerning Attached Documents Needed to File Applications, etc.) |
| (1) | Where attached documents necessary to file an application, etc. set forth in trade-related statutes, etc. are kept in electronic trade infrastructure, the Minister of Trade, Industry and Energy may exempt the relevant person from submitting such attached documents, and where the attached documents are not kept in electronic trade infrastructure, the Minister of Trade, Industry and Energy may require the attached documents to be submitted by any of the following methods: <Amended by Act. 11690, Mar. 23, 2013> |
| 1. | Where the attached documents are prepared in standardized electronic trade documents pursuant to Article 13, such documents shall be submitted after the applicant’s certified digital signature under subparagraph 3 of Article 2 of the Digital Signature Act is affixed thereto; |
| 2. | Where the attached documents are prepared in paper format, such documents shall be submitted after the applicant’s certificated digital signature under subparagraph 3 of Article 2 of the Digital Signature Act is affixed to the electronic copies (referring to the copies prepared in electronic trade documents, as prescribed by Presidential Decree) of the relevant attached documents. |
| (2) | When the Minister of Trade, Industry and Energy intends to allow the non-submission of attached documents pursuant to paragraph (1), he/she shall publicly notify the extent thereof (including posting on the Internet) after consulting with the heads of relevant central administrative agencies. <Amended by Act. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER VII SECURITY AND MANAGEMENT OF ELECTRONIC TRADE DOCUMENTS
| Article 20 (Security of Electronic Trade Documents and Trade Information) |
| (1) | No person shall forge or alter any electronic trade document recorded in the computer files of an electronic trade infrastructure business entity, a person commissioned by a trader with the affairs of sending or receiving electronic trade documents (hereinafter referred to as “a person sending or receiving electronic trade document”), a trader, or a trade-related agency, or any trade information entered in their database, or use forged or altered electronic trade document or information. <Amended by Act No. 13155, Feb. 3, 2015> |
| (2) | No person shall make a certificate referred to in Article 17 (1) by means of information processing, etc. after entering false information or an improper order in a computer or any other information-processing device of any electronic trade infrastructure business entity. |
| (3) | No person shall damage any electronic trade document recorded in the computer files of an electronic trade infrastructure business entity, a person sending or receiving electronic trade document, a trader, or a trade-related agency, or any trade information entered in their databases, or infringe on their business secret. <Amended by Act No. 13155, Feb. 3, 2015> |
| (4) | No current or former executive officer or employee of an electronic trade infrastructure business entity shall reveal or abuse any confidential information on the electronic trade documents or trade information which he/she has become aware of in the course of their duties. |
| (5) | Each electronic trade infrastructure business entity shall keep its electronic trade documents and databases intact for three years. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 21 (Disclosure of Electronic Trade Documents and Trade Information) |
| (1) | No electronic trade infrastructure business entity shall make public any electronic trade document recorded in his/her computer files and any trade information entered in his/her database: Provided, That he/she may make public such document and information in any of the following cases, where it will neither endanger national security nor infringe on any business secret of a company: <Amended by Act No. 13155, Feb. 3, 2015> |
| 1. | Where an electronic trade document sender or receiver files an application; |
| 2. | Where a central administrative agency or local government files an application for administrative purposes; |
| 3. | Where an investigative agency files an application for investigative purposes; |
| 4. | Where a court issues an order for submission; |
| 5. | Where it is allowed to be made public pursuant to other Acts; |
| 6. | Other cases where the Minister of Trade, Industry and Energy deems it necessary to make public, upon request from an electronic trade infrastructure business entity. |
| (2) | When an electronic trade infrastructure business entity intends to make public any electronic trade document and trade information pursuant to the proviso to paragraph (1), he/she shall seek opinions from interested persons in writing or electronic documents within 20 days after the date of receiving an application for information disclosure and consult the Minister of Trade, Industry and Energy on whether to make it public. <Amended by Act No. 13155, Feb. 3, 2015> |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Articles 22 and 23 Deleted. <by Act No. 13155, Feb. 3, 2015> |
CHAPTER IX FACILITATION, ETC. OF DEVELOPMENT OF ELECTRONIC TRADE TECHNOLOGY
| Article 24 (Facilitating Development of Electronic Trade Technology) |
The Government shall facilitate the following in order to develop technology required for facilitating electronic trade and raising the level of technology:
| 1. | Matters concerning survey, research and development of technology for electronic trade and the wide use of developed technology; |
| 2. | Matters concerning technological cooperation in electronic trade, technological guidance and technology transfer; |
| 3. | Matters concerning efficient distribution of technological information pertaining to electronic trade and collaboration among industrial circles, academia and research institutes; |
| 4. | Other matters necessary to develop electronic trade technology. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 25 (Nurture of Electronic Trade Professionals) |
| (1) | The Government shall endeavor to foster professionals specializing in electronic trade, who are necessary to facilitate electronic trade. |
| (3) | Necessary matters concerning the subsidization of expenses under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 26 (Access, Inspections, etc.) |
| (1) | Where necessary to ensure safety and the efficient operation of electronic trade infrastructure, the Minister of Trade, Industry and Energy may require related public officials to gain access to offices, places of business of any electronic trade infrastructure business entity, and other necessary places to inspect facilities, equipment, documents, and other articles related to the intermediation, safe-keeping, certification, etc. of electronic trade documents, or to inquire of interested persons. <Amended by Act. 11690, Mar. 23, 2013> |
| (2) | Where public officials intend to gain access to offices to conduct an inspection pursuant to paragraph (1), they shall notify the relevant electronic trade infrastructure business entity of an inspection plan indicating the date and time of, grounds for, and the details of, the inspection by no later than 14 days prior to the inspection date: Provided, That this shall not apply in cases of emergency or where the aim of the inspection may not be achieved due to destruction of evidence, etc. if notified in advance. |
| (3) | Public officials who gain access to offices, etc. to conduct an inspection pursuant to paragraph (1) shall carry a document indicating their authority and present it to interested persons, and shall deliver a document stating their names, the time for the access and inspection, and the objective of the inspection to the interested persons. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
Where the Minister of Trade, Industry and Energy intends to revoke the designation of any electronic trade infrastructure business entity pursuant to Article 11 (1), he/she shall hold a hearing. <Amended by Act. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 28 (Delegation of Authority) |
The Minister of Trade, Industry and Energy may delegate part of his/her authority under this Act to the heads of its affiliated agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree. <Amended by Act. 11690, Mar. 23, 2013; Act No. 13155, Feb. 3, 2015>
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 29 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER XI PENALTY PROVISIONS
| Article 30 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won: <Amended by Act. 12239, Jan. 14, 2014; Act No. 13155, Feb. 3, 2015> |
| 1. | A person who forges or alters any electronic trade document recorded in the computer files of an electronic trade infrastructure business entity, a person sending or receiving electronic trade document, a trader, or a trade-related agency, or any trade information entered in their database, or uses any forged or altered electronic trade document or trade information, in violation of Article 20 (1); |
| 2. | A person who has a certificate under Article 17 (1) issued by means of information processing, etc. after entering false information or improper orders in a computer or any other information processing device of an electronic trade infrastructure business entity, in violation of Article 20 (2). |
| (2) | A person who attempts to commit a crime as described in paragraph (1) shall be punished. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 31 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 13155, Feb. 3, 2015>
| 1. | A person who conducts the business affairs provided for in Article 6 (2) 1 through 3 without having been designated as an electronic trade infrastructure business entity, in violation of Article 6 (3); |
| 2. | A person who damages any electronic document recorded in the computer files of an electronic trade infrastructure business entity, a person sending or receiving electronic trade document, a trader, or a trade-related agency, or any trade information entered in their database, or infringes on their business secret, in violation of Article 20 (3); |
| 3. | A person who divulges or abuses any confidential information pertaining to electronic trade documents or trade information that he/she has become aware of in conducting business, in violation of Article 20 (4); |
| 4. | An electronic trade infrastructure business entity who fails to keep electronic documents or databases for three years, in violation of Article 20 (5). |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 32 (Penalty Provisions) |
A person who conducts business affairs falling under any subparagraph of Article 12 (1) by means of electronic documents without using electronic trade infrastructure in violation of the proviso to Article 12 (1) shall be punished by a fine not exceeding 20 million won. [This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
| Article 33 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent, or employee of, or any other person employed, by the corporation or an individual commits any violation falling under any of Articles 30 through 32 in conducting business affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine referred to in the relevant provisions: Provided, That this shall not apply to cases where such corporation or individual has not negligent in giving due attention and supervision concerning the relevant duties in order to prevent such offence. [This Article Wholly Amended by Act No. 9247, Dec. 26, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 12 (1) 2, 7 and 8 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measure concerning Designated Business Entities)
The designated business entity who runs the trade automation business after having being designated pursuant to the provisions of Article 5 of the Act on the Promotion of Office Automation for Trade as at the time this Act enters into force shall be subject to the application of the previous provisions until the time when the electronic trade infrastructure business entity is first designated pursuant to the provisions of Article 6 (1) of this Act. Article 3 (Transitional Measure concerning Penalty Provisions)
The application of the penalty provisions to the act committed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 4 Omitted.
Article 5 (Relations with Other Acts)
Where the Act on the Promotion of Office Automation for Trade or its provisions have been cited in other Acts as at the time this Act enters into force, this Act or corresponding provisions of this Act shall, if any, be deemed to have been cited instead of the previous provisions.
ADDENDA <Act No. 8356, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8381, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 18 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. 9247, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9377, Jan. 30, 2009>
This Act shall enter into force six months after 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.
ADDENDUM <Act No. 10591, Apr. 14, 2011>
This Act shall enter into force on the date of its promulgation.
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.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11688, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
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. 12239, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons)
An incompetent person under the adult guardianship pursuant to the amended provisions of Article 7 (1) 1 shall be deemed to include persons in whose case the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13155, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the application of penalty for any acts committed before this Act enters into force.