DEFENSE TECHNOLOGY SECURITY ACT
Act No. 13632, Dec. 29, 2015
Amended by Act No. 14609, Mar. 21, 2017
Act No. 15052, Nov. 28, 2017
The purpose of this Act is to ensure the national security of the Republic of Korea through systematic protection of defense technologies and support for related institutions as well as to enhance the nation’s credibility by implementing its obligations relating to the security of defense technology under international treaties, etc.
The terms used in this Act shall be defined as follows:
| 1. | The term “defense technology” means a technology requiring protection for national security, etc., among the defense science and technologies related to the defense industry, as designated and publicly announced by the Minister of Defense Acquisition Program Administration under Article 7; |
| 2. | The term “target institution” means any of the following institutions, which owns defense technology or conducts a research and development project related to defense technology: |
| (a) | The Agency for Defense Development under the Act on the Agency for Defense Development; |
| (b) | The Defense Acquisition Program Administration, the armed forces, the Defense Agency for Technology and Quality, defense contractors and specialized research institutes under the Defense Acquisition Program Act; |
| (c) | Other corporations, research institutions, specialized agencies, universities or colleges, etc; |
| 3. | The term “defense technology security system” means any of the following systems that a target institution uses for the security of defense technology, which shall be prescribed by Presidential Decree: |
| (a) | A system for identifying and managing technologies subject to security management: a system that a target institution uses to systematically identify and manage technologies subject to security management; |
| (b) | A system for access control and facility protection: a system for controlling the entry/exit, access, inspection, etc. by an unauthorised person and for protecting facilities related to defense technology from detection, incursion, etc.; |
| (c) | An information security system: a system for safely protecting information related to defense technology and for detecting and blocking illegal access to such information. |
| Article 3 (Relationship to Other Acts) |
This Act shall apply to the security of defense technology, except as otherwise expressly provided for in other Acts.
| Article 4 (Formulation and Implementation of Comprehensive Plans) |
| (1) | The Minister of Defense Acquisition Program Administration shall formulate and implement a comprehensive plan on the security of defense technology (hereinafter referred to as "comprehensive plan") every five years. |
| (2) | When formulating a comprehensive plan, the Minister of Defense Acquisition Program Administration shall submit the plan for deliberation by the Defense Technology Security Committee prescribed in Article 6. |
| (3) | A comprehensive plan shall provide for each of the following matters: |
| 1. | Basic objectives and implementation direction-setting concerning the security of defense technology; |
| 2. | Phased objectives and implementation measures concerning the security of defense technology; |
| 3. | Matters related to the establishment of infrastructure for defense technology security; |
| 4. | Matters related to the research and development of, and support for, technologies for the security of defense technology; |
| 5. | Matters related to the collection, analysis, processing, and dissemination of data on the security of defense technology; |
| 6. | Matters related to international cooperation for the security of defense technology; |
| 7. | Matters related to support for the establishment and operation of a defense technology security system by a target institution; |
| 8. | Other matters necessary for the security of defense technology. |
| (4) | Matters necessary for the formulation and implementation of comprehensive plans shall be prescribed by Presidential Decree. |
| Article 5 (Formulation and Implementation of Action Plans) |
| (1) | In accordance with a comprehensive plan, the Minister of Defense Acquisition Program Administration shall formulate and implement an action plan for the security of defense technology (hereinafter referred to as "action plan") every year. |
| (2) | Matters necessary for the formulation and implementation of an action plan shall be prescribed by Presidential Decree. |
| Article 6 (Defense Technology Security Committee) |
| (1) | The Defense Technology Security Committee (hereinafter referred to as the "Committee") shall be established under the authority of the Minister of National Defense to deliberate on the following matters related to the security of defense technology: |
| 1. | Matters related to the formulation and implementation of comprehensive plans and action plans; |
| 2. | Matters related to major policies and plans concerning the security of defense technology; |
| 3. | Matters related to the designation, change, or cancellation of designation of defense technology under Article 7; |
| 4. | Other matters determined by Presidential Decree as necessary for the security of defense technology. |
| (2) | The Committee shall be comprised of not more than 25 members, including one chairperson. In such cases, at least five persons falling under paragraph (3) 5 shall be included among the members. |
| (3) | The Minister of National Defense shall become the chairperson of the Committee, the Minister of Defense Acquisition Program Administration shall become the vice chairperson of the Committee, and the following persons shall serve as its members: <Amended by Act No. 14609, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| 1. | Persons determined by Presidential Decree, from among the public officials at assistant ministerial or director general level, or general-level officers of the Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, and armed forces; |
| 2. | Persons commissioned by the Minister of National Defense, from among the public officials at assistant ministerial or director general level of the Ministry of Justice, the Ministry of Science and ICT, the Ministry of Foreign Affairs, and the Ministry of Trade, Industry, and Energy who shall be recommended by the head of the competent Ministry; |
| 4. | Persons commissioned by the Minister of National Defense, from among the public officials at assistant ministerial or director general level, or general-level officers of the information and investigation agencies determined by Presidential Decree which are in charge of the affairs related to the security of defense technology, who shall be recommended by the head of the competent agency; |
| 5. | Persons commissioned by the Minister of National Defense, from among those who have extensive knowledge and experience in the security of defense technology. |
| (4) | There shall be established in the Committee a working committee to support the following matters concerning the security of defense technology: |
| 1. | Prior review of items for deliberation by the Committee; |
| 2. | Other practical matters necessary for the security of defense technology, as prescribed by Presidential Decree. |
| (5) | Other matters necessary for the organization and operation of the Committee and the working committee, the term of office of their members, etc. shall be prescribed by Presidential Decree. |
| Article 7 (Designation, Change, Cancellation of Designation, etc. of Defense Technology) |
| (1) | The Minister of Defense Acquisition Program Administration shall designate defense technologies through deliberation by the Committee. |
| (2) | The Minister of Defense Acquisition Program Administration shall select technologies to be designated as defense technologies under paragraph (1) to the minimum extent necessary, taking into comprehensive account the effects of the technology in question on national security, the research trend in the relevant fields, etc. |
| (3) | The Minister of Defense Acquisition Program Administration may apply changes to, or cancel the designation of, a defense technology designated through deliberation by the Committee. |
| (4) | Where Minister of Defense Acquisition Program Administration designates a defense technology pursuant to paragraph (1), or applies changes to, or cancel the designation of, a defense technology designated pursuant to paragraph (3), he/she shall publicly notify such fact. |
| (5) | When deliberating on the designation or change of a defense technology pursuant to paragraphs (1) and (3), the Committee shall provide interested parties, such as a target institution, etc. with an opportunity to state their opinions at their request, as prescribed by Presidential Decree. |
| (6) | A target institution may ask the Minister of Defense Acquisition Program Administration to determine whether the technology it possesses is qualified as a defense technology, as prescribed by Presidential Decree. |
| (7) | The criteria and procedures for the designation, change, and cancellation of designation of a defense technology under paragraphs (1) and (3) and other necessary matters shall be determined by Presidential Decree. |
| Article 8 (Security of Defense Technology When Conducting Research and Development Projects) |
| (1) | The head of a target institution shall devise and implement necessary measures applicable to each phase of research and development in order to prevent development outcomes from being divulged externally in the course of conducting a research and development project related to defense technology. |
| (2) | Matters necessary for the development and implementation of measures pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 9 (Security of Defense Technology at Time of Exportation or Domestic Transfer) |
| (1) | The head of a target institution shall devise measures for defense technology security in order to prevent leakage or infringement as defined in Article 10, at the time of exportation (including brokerage between third party countries; hereinafter the same shall apply) or domestic transfer of defense technology. |
| (3) | For the security of defense technology during the course of its exportation or domestic transfer under paragraphs (1) and (2), the Minister of Defense Acquisition Program Administration may take necessary action as prescribed by Presidential Decree. |
| Article 10 (Prohibition on Leakage or Infringement of Defense Technology) |
No person shall engage in any of the following activities:
| 1. | Improperly acquiring, using, or disclosing defense technology of a target institution (including providing information to a specific person in secret; hereinafter the same shall apply); |
| 2. | Acquiring, using, or disclosing defense technology, knowing the involvement of any activity prescribed in subparagraph 1; |
| 3. | Acquiring, using or disclosing defense technology without knowing the involvement of any activity prescribed in subparagraph by gross negligence. |
| Article 11 (Report on Leakage or Infringement of Defense Technology, etc.) |
| (1) | Where an activity falling under any subparagraph of Article 10 is likely to occur or actually occurs, the head of a target institution shall report such fact to the Minister of Defense Acquisition Program Administration or the head of an information and investigation agency immediately, and may request him/her to take measures necessary for preventing leakage or infringement of defense technology. |
| (2) | Upon receipt of a request under paragraph (1) or recognition of any prohibited act under Article 10, the Minister of Defense Acquisition Program Administration or the head of an information and investigation agency shall take measures necessary for preventing leakage or infringement of defense technology. |
| Article 12 (Investigation of Current Status for Security of Defense Technology) |
| (1) | Where it is necessary to protect defense technology, the Minister of Defense Acquisition Program Administration may investigate the current status of the establishment and operation of a system for protecting defense technology by a target institution. |
| (2) | Matters necessary for the subjects, scope, method, etc. of a current status investigation shall be determined by Presidential Decree. |
| Article 13 (Establishment, Operation, etc. of Defense Technology Security Technology) |
| (1) | The head of a target institution shall establish and operate a system for defense technology security in order to protect defense technology. |
| (2) | In consideration of the results of a current status investigation referred to in Article 12 or the opinions of an information and investigation agency, etc., if it is deemed that a system for defense technology security has been poorly established or operated, the Minister of Defense Acquisition Program Administration may recommend that the head of the relevant target institution make necessary improvements. |
| (3) | Where it is deemed that a target institution has failed to comply with an improvement recommendation prescribed in paragraph (2) or has implemented it unconscientiously, the Minister of Defense Acquisition Program Administration may issue a corrective order to the head of such target institution. |
| (4) | No person shall evade, refuse, or obstruct any of the measures related to the operation of a defense technology security system referred to in paragraphs (1) and (3) without good cause. |
| (5) | Matters necessary for the procedures, methods, etc. for the establishment and operation of a defense technology security system, improvement recommendation, and corrective order pursuant to paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 14 (Support for Security of Defense Technology) |
| (1) | The Government may provide the following support to a target institution if deemed necessary for the security of defense technology when the target institution establishes and operates a defense technology security system or takes measures for complying with an improvement recommendation or corrective order: |
| 1. | Consultation on and financial support for the establishment and operation of a defense technology security system; |
| 2. | Support for fostering professional human resources in the security of defense technology; |
| 3. | Technical support, and support for technology development, for the security of defense technology; |
| 4. | Other matters necessary for the security of defense technology. |
| (2) | Matters necessary for the method, scope, procedures, etc. for the support prescribed in paragraph (1) shall be determined by Presidential Decree. |
| Article 15 (International Cooperation) |
The Government may perform necessary projects such as establishment of a collaboration system with countries of export or import, exchange of professional human resources, etc. in order to promote international cooperation concerning the security of defense technology.
| Article 16 (Education on Security of Defense Technology) |
| (1) | For the purposes of defense technology security, the Minister of Defense Acquisition Program Administration may provide education to the executives and other employees of a target institution. |
| (2) | For the purpose of defense technology security, the head of a target institution shall regularly provide education to its executives and other employees. |
| (3) | Matters necessary for the contents, methods, period, cycle, etc. of the education prescribed in paragraphs (1) and (2) shall be determined by Presidential Decree. |
| Article 17 (Reward and Protection of Reporters, etc.) |
| (1) | The Government may reward, or pay a monetary reward to, a person who contributes significantly to the security of defense technology, within budgetary limits. |
| (2) | Matters necessary for the criteria, methods and procedures for the reward, payment of a monetary reward, etc. under paragraph (1) shall be determined by Presidential Decree. |
| Article 18 (Request for Materials) |
With respect to the following matters, the Minister of Defense Acquisition Program Administration may ask the head of a relevant administrative agency or the head of a target institution to submit data, and in such cases, any person in receipt of a request to submit data shall comply therewith in the absence of special circumstances:
| 1. | Matters related to the establishment of security infrastructure and the research and development of security technology pursuant to Article 4 (3) 3 and 4; |
| 2. | Designation, change or cancellation of the designation of defense technology pursuant to Article 7; |
| 3. | Confirmation of the development of security measures and the implementation thereof at the time of exportation or domestic transfer pursuant to Article 9 (1); |
| 4. | Actual condition investigation pursuant to Article 12 (1). |
| Article 19 (Obligation of Confidentiality, etc.) |
No person who falls or previously fell under any of the following subparagraphs shall divulge or misuse any confidential information learned in the performance of his/her duties:
| 1. | Any executive or employee of a target institution (including related persons such as professors, researchers, students, etc.); |
| 2. | Any person who deliberates on the security of defense technology under Article 6; |
| 3. | Any person who conducts the duties related to the exportation, domestic transfer, etc. of defense technology under Article 9 (1); |
| 4. | Any person who conducts the duties of receiving reports on, and preventing, leakage or infringement of defense technology under Article 11; |
| 5. | Any person who conducts an investigation on the current status of the establishment and operation of a system for defense technology security under Article 12. |
| Article 20 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | Any person who is not a public official from among the members of the Committee, who conducts any of the duties of designation, changing or cancelling the designation, of defense technology pursuant to Article 7; |
| 2. | Any person who conducts any of the duties related to a current status investigation on pursuant to Article 12. |
| Article 21 (Penalty Provisions) |
| (1) | Any person who commits an offence falling under subparagraph 1 or 2 of Article 10 with the intention of using defense technology or causing defense technology to be used in a foreign country shall be punished by imprisonment with labor for not more than twenty years or by a fine not exceeding 2 billion won. <Amended by Act No. 15052, Nov. 28, 2017> |
| (2) | Any person who commits an offence falling under subparagraph 1 or 2 of Article 10 shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 1 billion won. <Amended by Act No. 15052, Nov. 28, 2017> |
| (3) | Any person who commits an offence falling under subparagraph 3 of Article 10 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 500 million won. <Amended by Act No. 15052, Nov. 28, 2017> |
| (4) | Any person who divulges or misuses confidential information in violation of Article 19 shall be punished by imprisonment with labor for not more than seven years, suspension of qualification for not more than 10 years, or by a fine not exceeding 70 million won. |
| (5) | Any property acquired by a person who has committed an offence falling under any of paragraphs (1) through (3) through such offence shall be confiscated: Provided, That where all or part of such property cannot be confiscated, a sum of money equivalent thereto shall be collected. |
| (6) | Any person who has attempted a crime under paragraphs (1) or (2) shall be punished. |
| (7) | Sentences of imprisonment with labor and sentences of a fine under paragraphs (1) through (3) may be imposed concurrently. |
| Article 22 (Preparation and Plotting) |
| (1) | Any person that prepares or plots to commit a crime under Article 21 (1) with the intention to consummate the same shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | Any person who prepares or conspires to commit a crime under Article 21 (2) with the intention to consummate such crime shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| Article 23 (Joint Penalty Provisions) |
Where the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits any violation described in Article 21 (1) through (3) in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to the punishment of the violators, be subject to a fine prescribed in the relevant 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 in order to prevent such violation.
| Article 24 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 30 million won: |
| 1. | Any person who fails to report leakage or infringement of defense technology which is required under Article 11 (1); |
| 2. | Any person who fails to comply with a corrective order provided for in Article 13 (3); |
| 3. | Any person who evades, refuses, or obstructs any measure related to the operation of a defense technology security system provided in Article 13 (4); |
| 4. | With respect to Article 18, the head of a target institution (excluding administrative agencies) which fails to submit relevant data or submits false data. |
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14609, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15052, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.