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ENFORCEMENT DECREE OF THE ELECTRONIC TRADE FACILITATION ACT

Wholly Amended by Presidential Decree No. 19619, Jul. 21, 2006

Amended by Presidential Decree No. 20257, Sep. 10, 2007

Presidential Decree No. 20678, Feb. 29, 2008

Presidential Decree No. 21655, Jul. 30, 2009

Presidential Decree No. 22220, jun. 28, 2010

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25804, Dec. 3, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26461, Aug. 3, 2015

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Electronic Trade Facilitation Act and those necessary for the enforcement thereof.
 Article 2 (Scope of Trade-Related Statutes)
"Statutes prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Electronic Trade Facilitation Act (hereinafter referred to as the "Act") refers to the following Acts and statutes for their enforcement: <Amended by Presidential Decree No. 20257, Sep. 10, 2007; Presidential Decree No. 22220, Jun. 28, 2010>
1. The Customs Act (limited to Article 248);
6. Acts that provide for procedures for exportation and importation, etc., which are included in the consolidated public notice of the guidelines for exportation and importation under Article 12 (2) of the Foreign Trade Act.
CHAPTER II Deleted
 Articles 3 through 5 Deleted. <by Presidential Decree No. 26461, Aug. 3, 2015>
CHAPTER III ELECTRONIC TRADE INFRASTRUCTURE BUSINESS ENTITIES
 Article 6 (Standards for Designation of Electronic Trade Infrastructure Business Entities)
(1) "Requirements prescribed by Presidential Decree" in Article 6 (1) of the Act means the following: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 21655, Jul. 30, 2009; Presidential Decree No. 24442, Mar. 23, 2013>
1. It shall be a stock company under the Commercial Act;
2. Its paid-in capital shall be at least thirty billion won;
3. The same person, other than a public institution or non-profit corporation under the Article 4 of the Act on the Management of Public Institutions shall not own more than 15/100 of its total number of stocks with voting rights or take de facto control of it;
4. It shall have the capability of carrying out the operation of the electronic trade infrastructure and shall have at least 15 persons who meet each of the following qualification requirements:
(a) National technical qualification as an information and communications engineer, information processing engineer, or electronic computer system application engineer or higher qualification under the National Technical Qualifications Act or any other qualification determined and publicly notified as equivalent by the Minister of Trade, Industry and Energy;
(b) At least two years of work experience in the field of telecommunications or information processing as defined by the National Technical Qualifications Act;
5. It shall be equipped with the following facilities:
(a) Facilities for relaying the transmission and reception of electronic trade documents and facilities for storing them;
(b) Protective facilities for the stable operation of the electronic trade infrastructure;
(c) Facilities for the management, reproduction and storage of the electronic trade infrastructure, reproduction, and storage;
(d) Facilities for the recording and control of the date, time, and tracking of transmission and reception of electronic documents stored in the electronic trade infrastructure;
(e) Facilities for the issuance of certificates of electronic trade documents;
(f) Facilities necessary for interconnecting the electronic trade infrastructure and foreign electronic trade networks.
(2) The limit of the stocks owned by or under the de facto control of the same person under paragraph (1) 3 shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(3) Detailed matters regarding the facilities referred to in paragraph (1) 5 shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
 Article 7 (Procedures for Designation of Electronic Trade Infrastructure Business Entities)
(1) Any person who intends to be designated as an electronic trade infrastructure business entity prescribed in Article 6 (2) of the Act (hereinafter referred to as "electronic trade infrastructure business entity") under Article 6 (1) of the Act shall submit to the Minister of Trade, Industry and Energy an application for designation as an electronic trade infrastructure business entity, along with documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26461, Aug. 3, 2015>
(2) The Minister of Trade, Industry and Energy shall, whenever he/she designates anyone as an electronic trade infrastructure business entity under Article 6 (1) of the Act, issue a certificate of designation as an electronic trade infrastructure business entity, notify the heads of the relevant administrative agencies and trade-related institutions of such fact, and give public notice through the Official Gazette. <Amended by Act. No. 20678, Feb. 29, 2008; Act. No. 24442, Mar. 23, 2013>
 Article 8 (Business Affairs of Electronic Trade Infrastructure Business Entities)
"Business prescribed by Presidential Decree" in Article 6 (2) 10 of the Act means any of the following business:
1. Educational programs for promoting and proliferating electronic trade, including publishing educational materials for the use of the electronic trade infrastructure, and developing and disseminating online educational content related to electronic trade;
2. Public relations activities for promoting and proliferating electronic trade.
 Article 9 (Criteria for Calculation of Penalty Surcharges)
The criteria for calculating a penalty surcharge under Article 11 (3) of the Act shall be as specified in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 21655, Jul. 30, 2009]
 Article 10 (Payment of Penalty Surcharges)
(1) When the Minister of Trade, Industry and Energy intends to impose a penalty surcharge on an electronic trade infrastructure business entity who has committed a violation pursuant to Article 11 (2) of the Act, he/she shall issue a notice of a penalty surcharge in writing or electronically, specifying the type of violation and the amount of the penalty surcharge. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(2) The electronic trade infrastructure business entity who receives a notice of a penalty surcharge under paragraph (1) shall pay the penalty surcharge to a receiving agency designated by the Minister of Trade, Industry and Energy within 20 days after the date of the notice: Provided, That if it is impossible to pay the penalty surcharge within the time limit due to a natural disaster or other inevitable causes, it shall be paid within seven days from the date on which such cause ceases to exist. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(3) The receiving agency shall, upon receiving payment of the penalty surcharge under paragraph (2), either deliver a written receipt or send en electronic receipt to the payer.
(4) The receiving agency for penalty surcharges shall, upon receiving payment of each penalty surcharge under paragraph (2), notify the Minister of Trade, Industry and Energy of its receipt in writing or electronically without delay. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(5) No penalty surcharge may be paid in installments.
CHAPTER IV USE OF ELECTRONIC TRADE INFRASTRUCTURE
 Article 10-2 (Persons who Request Access to Electronic Trade Infrastructure)
Under Article 12 (4) of the Act, an electronic trade infrastructure business entity may conclude an agreement including the terms of use, the method of access, security management, etc., with a person commissioned by a trader who intends to send or receive electronic trade documents and provide him/her with access to electronic trade infrastructure.
[This Article Newly Inserted by Presidential Decree No. 26461, Aug. 3, 2015]
 Article 11 (Procedures for Establishment of Standards)
When the Minister of Trade, Industry and Energy intends to establish the standards for electronic trade documents pursuant to Article 13 (1) of the Act, he/she shall consult with an agency exclusively responsible for promoting the use of electronic documents and the conduct of electronic transactions prescribed in Article 22 (1) of the Framework Act on Electronic Documents and Transactions. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26461, Aug. 3, 2015>
 Article 12 (Target of Standardization)
The targets of the standardization of electronic trade documents under Article 13 (2) of the Act shall be electronic trade documents used in electronic trade infrastructure: Provided, That the documents already standardized pursuant to other statutes shall be governed by such statutes.
CHAPTER V SAFEKEEPING AND CERTIFICATION OF ELECTRONIC TRADE DOCUMENTS
 Article 13 (Method and Procedure for Issuing Certificates)
(1) Each electronic trade infrastructure business entity shall, whenever issuing a certificate under Article 17 (1) of the Act in a paper form, affix its name and seal on the certificate, and whenever the details of an electronic trade document is required to be attached, the entity shall print out such details and bind them together with the certificate with its seal affixed to between the certificate and the printed details.
(2) Each electronic trade infrastructure business entity shall, whenever issuing a certificate pursuant to paragraph (1), verify the identity of the applicant, whether the applicant falls under either of the following with due authority for applying for issuance of such certificate, and whether the electronic trade document applied for issuance of such certificate is authentic:
1. The transmitter or addressee of the electronic trade document;
2. A person designated by the transmitter or addressee of the electronic trade document;
(3) A certificate issued pursuant to paragraph (1) shall contain the following details: <Amended by Presidential Decree No. 26461, Aug. 3, 2015>.
1. Name of the applicant for issuance (or the trading name if the applicant is a juristic person);
2. Date of birth of the applicant (or the corporate registration number if the applicant is a juristic person);
3. Serial number of the certificate, effective period, and purpose of use;
4. Date of application and date of issuance of the certificate;
5. Information, such as the name of the electronic trade infrastructure business entity, based on which the authenticity of the electronic trade infrastructure business entity can be verified.
 Article 14 (Maintenance of Materials Related to Issuance of Certificates)
Every electronic trade infrastructure business entity shall, whenever issuing a certificate, keep the record of the materials concerning the date of application for issuance, the date and time of issuance, and the applicant's name, and preserve and maintain such materials for five years from the date of issuance. <Amended by Presidential Decree No. 25804, Dec. 3, 2014>
CHAPTER VI FACILITATION OF USE OF ELECTRONIC TRADE DOCUMENTS
 Article 15 (Electronic Copy)
The term "electronic copy" in Article 19 (1) 2 of the Act means an electronic document in a reproducible form, copied from an original paper document by an electronic scanner, and stored, with the content and form identical to the original document, in a computer or any other information processing system.
CHAPTER VII Deleted
 Articles 16 and 17 Deleted. <by Presidential Decree No. 26461, Aug. 3, 2015>
CHAPTER VIII Deleted
 Articles 18 and 19 Deleted. <by Presidential Decree No. 26461, Aug. 3, 2015>
CHAPTER IX SUPPLEMENTARY PROVISIONS
 Article 19-2 (Management of Personally Identifiable Information)
When inevitable to perform the affairs concerning the ascertainment of grounds for disqualification of electronic trade infrastructure business entities under Article 7 (1) of the Act, the Minister of Trade, Industry and Energy may manage the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 20 (Re-Examination of Regulation)
(1) The Minister of Trade, Industry and Energy shall examine the appropriateness of the following item every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements.: <Amended by Presidential Decree No. 25840, Dec. 9, 2014>
1. The standards for designation of electronic trade infrastructure business entities under Article 6: January 1, 2014;
2. Deleted. <by Presidential Decree No. 26461, Aug. 3, 2015>
(2) The Minister of Trade, Industry and Energy shall examine the appropriateness of the following item every two years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every second year) and shall take measures, such as making improvements: <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014>
1. Maintenance of materials related to the issuance of certificates under Article 14: January 1, 2015;
2. Deleted. <by Presidential Decree No. 26461, Aug. 3, 2015>
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
A citation of the former Enforcement Decree of the Act on the Promotion of Office Automation for Trade or any provision thereof by any other statute, in force as at the time this Decree enters into force, if any, shall be deemed to be a citation of this Decree or a corresponding provision of this Decree in lieu of the former provision, if such a corresponding provision exists herein.
ADDENDA <Presidential Decree No. 20257, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted
ADDENDA <Presidential Decree No. 21655, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009.
Article 2 (Transitional Measures)
With regard to the imposition of penalty surcharges on any act committed before this Decree enters into force, the previous provisions shall apply if the standards for imposition are more tightened than before, and the amended provisions shall apply if the standards for imposition are more relaxed than before.
ADDENDA <Presidential Decree No. 22220, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 6, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25804, Dec. 3, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Preservation and Maintenance of Data Related to Issuance of Certificates)
The amended provisions of Article 14 shall also apply to data related to the issuance of certificates issued before this Decree enters into force.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26461, Aug. 3, 2015>
This Decree shall enter into force on August 4, 2015.