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
Act No. 13326, May 18, 2015
Act No. 14087, Mar. 22, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to developing the national economy and improving the quality of citizens’ 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; Act No. 13326, May 18, 2015>
| 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 an industry that builds systems or offers services, etc. by producing, managing, processing, or distributing any spatial information or by integrating or combining with other industries; |
| 3. | The term "spatial data business" means any of the following business that belongs to the spatial data industry: |
| (b) | Business using satellite images as spatial data; |
| (c) | Equipment industry related to positioning, including satellite positioning, and location-based services; |
| (d) | Business of developing, maintaining, managing, and servicing software to produce, manage, process, and distribute spatial data; |
| (e) | Business of installing and utilizing spatial data systems; |
| (f) | Business of providing educational and counselling services related to spatial data; |
| (g) | Other business using spatial data; |
| 4. | The term "spatial data business entity" means an entity which conducts any business related to spatial data; |
| 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 Decree; |
| 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 an industry that produces new materials, equipment, software, services, etc. by combining spatial data with other data, technologies, etc.; |
| 8. | The term "spatial data open platform" means a spatial data system that provides various tools to allow the public to openly use spatial data that the State owns and deems available for the public. |
| Article 2-2 (Obligations of the State and Local Governments) |
The State and local governments shall recognize the importance of the spatial data industry in the national economy and industry and endeavor to support the development thereof.
[This Article Newly Inserted by Act No. 13326, May 18, 2015]
| Article 3 (Relationship to other Acts) |
Except as specifically provided in any other Act, matters regarding the promotion of the spatial data industry, support therefor, etc. shall be governed by this Act.
CHAPTER II POLICIES FOR PROMOTION 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 promotion 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 promotion of the spatial data industry; |
| 2. | Matters relating to policies for promotion 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 entities; |
| 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 promotion of use and 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 promotion 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 heads of related central administrative agencies or related local governments 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 heads of the related central administrative agencies or the heads of the related local governments 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 confirm them after deliberation by the National Spatial Data Committee provided in Article 5 of the Framework Act on National Spatial Data Infrastructure. The same shall also apply when altering any important matter prescribed by Presidential Decree in the confirmed promotion plans. <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 heads of related central administrative agencies to provide materials necessary to survey public demand, and the heads of the related central administrative agencies so requested shall comply therewith 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) | Subject matters of statistics produced under paragraph (1) and other matters shall be prescribed by Presidential Decree. |
| (3) | The Statistics Act shall apply mutatis mutandis to the matters concerning the production of statistics under paragraph (1), other than those provided in this Act. |
[This Article Newly Inserted by Act No. 12735, Jun. 3, 2014]
| Article 6 (Provision of Spatial Data) |
| (1) | The Government may provide, with or without compensation, persons who intend to use spatial data with spatial data held by the National Spatial Data Center provided 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 provided in subparagraph 4 of Article 2 of the said Act (excluding any private managing agency; hereinafter the same shall apply): Provided, That the same shall not apply to the information, the disclosure of which is prohibited under any other 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 entities 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 in subparagraph 1 of Article 2 of the Protection of Military Bases and Installations Act nor on any military installation provided 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 (Stimulation of Distribution of Spatial Data, etc.) |
| (1) | The Government shall endeavor to stimulate 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 entity which installs and manages such distribution system with a view to sharing and distributing spatial data, etc. (hereinafter referred to as "distribution business entity") or to any person who intends to become such distribution business entity. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Any distribution business entity which 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 entities 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> |
| (3) | The Minister of Land, Infrastructure and Transport may build and operate systems, including the spatial data open platform, for the establishment of the combined spatial data system under paragraph (1) and nurturing of the combined spatial data industry under paragraph (2). <Newly Inserted by Act No. 13326, May 18, 2015> |
| 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 to display management information on new spatial data technologies; |
| 3. | Education and publicity about copyrights and other intellectual property rights to spatial data; |
| 4. | Other incidental business activities necessary to carry out the business activities referred to in subparagraphs 1 through 3. |
| (2) | The Government may entrust the business of implementing the policies referred to in the subparagraphs 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 promote 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 business entrepreneurs 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-related human resources 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 related to 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 of Specialized Human Resources, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport may develop and implement policies necessary to train human resources 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 institutions in charge of training specialized human resources 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 specialized human resources 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 support business activities such as 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 out the business activities referred to in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 16-2 (Support for Business Foundation) |
The Minister of Land, Infrastructure and Transport may provide the following assistance to promote the foundation of spatial data industry-related businesses falling under the category of small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises and to encourage the growth and development of founders: | 1. | Provision of chargeable spatial data without charge; |
| 2. | Provision of the results of research and development related to the spatial data industry; |
| 3. | Consultation on legal, taxation, accounting, etc. regarding business foundation; |
| 4. | Support for the creation and commercialization of outstanding ideas based on spatial data; |
| 5. | Other matters prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13326, May 18, 2015]
| Article 17 (Charges for Services Related to Spatial Data) |
| (2) | The standards for the charges of services related to spatial data to which the standards for charges referred to in paragraph (1) do not apply or which 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 FOR SPATIAL DATA INDUSTRY
| Article 18 (Designation, etc. of Facilities for Promotion of Spatial Data Industry) |
| (1) | To promote the spatial data industry, the Minister of Land, Infrastructure and Transport may designate facilities for promotion of the spatial data industry (hereinafter referred to as "facilities for promotion") and provide them with necessary support, including funds and equipment. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any entity that seeks to be designated as a facility for promotion 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) | The Minister of Land, Infrastructure and Transport may attach necessary conditions for developing the spatial data industry in designating a facility for promotion upon receipt of an application referred to in paragraph (2). In such cases, conditions shall be limited to a minimum as necessary to advance the public interests and shall not include any undue obligation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Necessary matters regarding the requirements for designation of facilities for promotion, assistance for such facilities, etc. shall be prescribed by Presidential Decree. |
| Article 19 (Cancellation of Designation of Facilities for Promotion) |
When a facility for promotion ceases to meet the requirements for designation or a person whose facility has been designated a facility for promotion 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 Facilities for Promotion) |
Local governments may, if necessary to promote the spatial data industry, make contributions to or investments in those who intend to set up facilities for promotion, public organizations which provide assistance in establishing spatial data businesses, and other related organizations. <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 spatial data business or the issuance of new stocks by the company so established, if investments therein are made in kind with patent rights, utility model rights or design rights related to 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 prescribed by Presidential Decree shall be deemed to be made by such certified appraiser under Article 299-2 of the Commercial Act.
| Article 22 (Support for Small and Medium Spatial Data Business Entities 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 entities with more opportunities to receive orders in order to foster such business entities. |
| (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 some of the costs incurred in preparing such proposal, etc.: Provided, That the same shall not apply to any small or medium spatial data business entity which has participated in such bidding in cooperation with a large enterprise. |
CHAPTER IV-2 MANAGEMENT OF SPATIAL DATA BUSINESS
| Article 22-2 (Reporting, etc. by Spatial Data Business Entities) |
| (1) | A person who intends to operate spatial data business shall file a report with the Minister of Land, Infrastructure and Transport on matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including the spatial data engineers belonging to him/her, and shall file a report on changes if any change is made in the reported matters: Provided, That where the registration, etc. of the relevant business is made under the Act on the Establishment, 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 entity, 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 Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 12735, Jun. 3, 2014]
| Article 22-3 (Reporting, etc. by Spatial Data Engineers) |
| (1) | A person who engages in spatial data industry and intends to be recognized as a spatial data engineer shall file a report with the Minister of Land, Infrastructure and Transport on matters prescribed by Ordinance of the Ministry 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 a survey technician prescribed in Article 39 of the Act on the Establishment, Management, etc. of Spatial Data or a waterway technician prescribed in Article 43 of the same Act makes a report, etc. pursuant to the Act on the Establishment, Management, etc. of Spatial Data or the Construction Technology Promotion Act, he/she shall be deemed to have filed a report with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 14087, Mar. 22, 2016> |
| (2) | The Minister of Land, Infrastructure and Transport shall manage matters reported under paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | In order to verify matters reported under paragraph (1), the Minister of Land, Infrastructure and Transport may request necessary data from the spatial data business entity 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 Ordinance of the Ministry 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 prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted 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. <Newly Inserted by Act No. 12735, Jun. 3, 2014> |
| (4) | The Institute may perform any duty entrusted by the Minister of Land, Infrastructure and Transport among those provided in the following subparagraphs: <Amended by Act No. 10629, May 19, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12735, Jun. 3, 2014; Act No. 13326, May 18, 2015> |
| 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; |
| 3-2. | Operation of systems including the spatial data open platform under Article 9 (3); |
| 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 specialized human resources for the spatial data industry under Article 15; |
| 9-2. | Assistance in the advancement of spatial data business entities, etc. into foreign markets, and international exchanges and cooperation related to the spatial data industry under Article 16; |
| 9-4. | Conduct of projects to support business foundation under Article 16-2; |
| 10. | Assistance to facilities for promotion of the spatial data industry under Article 18; |
| 11. | Other matters entrusted by the Minister of Land, Infrastructure and Transport. |
| (5) | In order to raise funds for expenses required to efficiently assist the spatial data industry and to perform the duties under paragraph (4), the Institute may engage in profit-making business, as prescribed by Presidential Decree. <Newly Inserted by Act No. 12735, Jun. 3, 2014> |
| (6) | The Minister of Land, Infrastructure and Transport may assist the Institute to cover the expenses incurred in performing the duties entrusted pursuant to paragraph (4), within budgetary limits. <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 provided by this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the Institute. <Newly Inserted by Act No. 12735, Jun. 3, 2014> |
| (9) | Other matters necessary for the operation, 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 entities 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. <Newly Inserted 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 1/10 of the spatial data business entities and obtain authorization from the Minister of Land, Infrastructure and Transport after a resolution of the inaugural general meeting. <Newly Inserted by Act No. 12735, Jun. 3, 2014> |
| (5) | The Association shall perform the following duties: <Amended by Act No. 12735, Jun. 3, 2014; Act No. 14087, Mar. 22, 2016> |
| 1. | Study of the spatial data industry, and recommendation for the improvement of the system thereof; |
| 2. | Matters concerning assistance for activities to protect the copyrights, trademark rights, etc. of spatial data business entities; |
| 3. | Various counseling services on spatial data and related technologies; |
| 4. | Training of specialized human resources including education of spatial data engineers; |
| 5. | The following projects: |
| (a) | Projects for providing guarantee for a bidding, contract, compensation for damages, advance payment, defect repair, etc.; |
| (b) | Projects for providing loan to members; |
| (c) | Projects for providing mutual aid for compensation for damages liable to members due to their performance of affairs, and improvement of welfare of and compensation for loss by accident on duty of persons employed by members; |
| 6. | Projects that can be performed by the Association upon entrustment under this Act or any other Act; |
| 7. | Other projects necessary for achieving the objectives of establishment of the Association, which are prescribed by the articles of association. |
| (6) | Where the Association intends to conduct guarantee projects referred to in Article (5) 5 (a) and mutual aid projects referred to in item (c) of the same subparagraph, it shall establish the guarantee regulations and mutual aid regulations and obtain approval therefor from the Minister of Land, Infrastructure and Transport. The same shall apply to modification of the above regulations. <Newly Inserted by Act No. 14087, Mar. 22, 2016> |
| (7) | The guarantee regulations and mutual aid regulations referred to in paragraph (6) shall include the following matters: <Newly Inserted by Act No. 14087, Mar. 22, 2016> |
| 1. | Guarantee regulations: Matters necessary for conducting guarantee projects, such as the scope of guarantees, details of guaranteeing contracts, guarantee fees, liability reserves for guaranteeing; |
| 2. | Mutual aid regulations: Matters necessary for conducting mutual aid projects, such as the scope of mutual aid, details of mutual aid contracts, mutual aid fees, mutual aid amount, liability reserves for the mutual aid amount. |
| (8) | For sound fostering of guarantee projects prescribed in paragraph (5) 5 (a) and mutual aid projects prescribed in item (c) of the same paragraph and for protection of the relevant subscribers, the Minister of Land, Infrastructure and Transport shall formulate and publicly notify the standards for supervision of guarantee projects and mutual aid projects. <Newly Inserted by Act No. 14087, Mar. 22, 2016> |
| (9) | In cases of approving the regulations for guarantee projects or mutual aid projects pursuant to paragraph (6) or formulating standards for supervision of guarantee projects and mutual aid projects pursuant to paragraph (8), the Minister of Land, Infrastructure and Transport shall pre-consult with the Financial Services Commission. <Newly Inserted by Act No. 14087, Mar. 22, 2016> |
| (10) | The Minister of Land, Infrastructure and Transport may request the Governor of the Financial Supervisory Service under Act on the Establishment, etc. of Financial Services Commission to inspect the guarantee projects prescribed in paragraph (5) 5 (a) and mutual aid projects prescribed in item (c) of the same paragraph. <Newly Inserted by Act No. 14087, Mar. 22, 2016> |
| (11) | Except as otherwise provided for in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Association. <Amended by Act No. 12735, Jun. 3, 2014> |
| (12) | Matters necessary for the articles of association, authorization for establishment, supervision thereof, etc., other than those provided for in paragraphs (1) through (11), shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12735, Jun. 3, 2014; Act No. 14087, Mar. 22, 2016> |
| 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) | Upon receipt of 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, the Financial Services Commission 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 provided in any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Investment in spatial data business entities prescribed by Presidential Decree or the acquisition of stocks, shares, rights to benefit or loan claims issued by such business entities; |
| 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 Mayors, or Do Governors, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may entrust some of his/her duties 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 as Public Official) |
Any person who is an officer or employee of any institution, corporation or association entrusted with duties pursuant to Article 23 (4) or 27 (2) and performs the duties so entrusted shall be deemed a public official in application of the Criminal Act. <Amended by Act No. 12735, Jun. 3, 2014>
CHAPTER VII PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
Any person who is granted quality certification referred to in Article 12 by false or other unjust means shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
| Article 30 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations described in Article 29 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine prescribed in that Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violations.
| Article 31 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine 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 good cause; |
| 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) | Administrative fines provided 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.
ADDENDUM <Act No. 13326, May 18, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14087, Mar. 22, 2016>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24 (5) 5 and subparagraphs (6) through (10) of the same Article shall enter into force one year after the date of the promulgation.