ACT ON PROMOTION OF THE PROVISION AND USE OF PUBLIC DATA
Act No. 11956, Jul. 30, 2013
Amended by Act No. 12844, Nov. 19, 2014
Act No. 13723, Jan. 6, 2016
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters for promoting the provision and use of data held and managed by public institutions in order to guarantee citizens’ right to access public data, and to contribute to improving their quality of life and to developing the national economy through the utilization of such public data in the private sector.
The terms used in this Act shall be defined as follows: <Amended by Act No. 13723, Jan. 6, 2016>
| 2. | The term “public data” means any data or information, including databases and electronic files, processed in optical or electronic form, and created or acquired and managed by any public institution for the purposes set forth in statutes, falling under any of the following: |
| (d) | Other data or information prescribed by Presidential Decree; |
| 3. | The term “machine-readable form” means any form of data, the particulars or internal structure of which can be ascertained, or modified, converted, extracted, or otherwise processed by software; |
| 4. | The term “provision” means where public institutions allow users to access public data in a machine-readable form or transmit such data to users by various means. |
| Article 3 (Basic Principles) |
| (1) | Every public institution shall endeavor to enable anyone to readily use public data and shall take measures necessary to promote universal access to the use thereof. |
| (2) | Every public institution shall guarantee citizens equality in their access to, and use of, public data. |
| (3) | No public institution shall impede the use of public data disclosed to the general public through information and communications networks, including restricting or blocking user access, except in cases falling under Article 28 (1). |
| (4) | No public institution shall prohibit or restrict the use of public data for gain, except as otherwise expressly provided for in any other Act or except in cases falling under Article 28 (1). |
| (5) | Every user shall observe obligations prescribed under statutes and the terms and conditions of use to prevent any infringement of public interests, including national security, or another person’s rights, and shall act conscientiously and in good faith when using public data. |
| Article 4 (Relationship with other Acts) |
The management, provision, and use of public data shall be governed by this Act, except as otherwise expressly provided for in any other Act.
CHAPTER II ESTABLISHMENT, ETC., OF PUBLIC DATA POLICIES
| Article 5 (Public Data Strategy Committee) |
| (1) | A Public Data Strategy Committee (hereinafter referred to as the “Strategy Committee”) shall be established under the jurisdiction of the Prime Minister to deliberate on and coordinate the Government’s major policies and plans concerning public data and to inspect and evaluate the status of implementation thereof. |
| (2) | The number of members shall not exceed 35, including two chairpersons. |
| (3) | The office of chairperson shall be jointly assumed by the Prime Minister and a person designated by the President from among members referred to in subparagraph 2, and the members shall be: |
| 1. | Persons prescribed by Presidential Decree from among the heads of central administrative agencies, the heads of local governments, and the heads of public institutions; |
| 2. | Persons commissioned by the Prime Minister from among those with abundant expertise and experience in the provision and/or use of public data. |
| (4) | One secretary shall be assigned to the Strategy Committee to efficiently operate and support it, and the Minister of the Interior and Safety shall serve as secretary. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | The term of office of the members commissioned pursuant to paragraph (3) 2 shall be two years, which may be renewed for only one further term: Provided, That a member who is newly commissioned to fill a vacancy arising due to resignation, etc., of an existing member shall serve for the remainder of his/her predecessor’s term of office. |
| (6) | A working committee on public data strategy (hereinafter referred to as “working committee”) shall be established under the jurisdiction of the Strategy Committee to pre-examine agenda items to be referred to the Strategy Committee and to deliberate on agenda items delegated by the Strategy Committee, and expert committees may be established by field under the jurisdiction of the working committee to assist in deliberating on such agenda items. |
| (7) | Matters necessary for the organization and operation of the Strategy Committee, the working committee, and expert committees by field, shall be prescribed by Presidential Decree. |
| Article 6 (Functions of Strategy Committee) |
| (1) | The Strategy Committee shall deliberate on the following: <Amended by Act No. 13723, Jan. 6, 2016> |
| 1. | Matters concerning the formulation of and amendment to a master plan for promoting the provision and use of public data in Article 7 and an implementation plan for promoting the provision and use of public data in Article 8; |
| 2. | Modifications of important matters prescribed by Presidential Decree in the master plans and implementation plans in Articles 7 and 8; |
| 3. | Guidelines for preparation of plans by field in Article 7 (4); |
| 3-2. | Matters concerning recommendations for improvement or correction based on findings from investigation into status in Article 15-3; |
| 4. | Matters concerning deliberation and resolution on, and announcement of the lists of public data to be released under Article 19; |
| 5. | Matters concerning exclusion from a list of public data in Article 20; |
| 6. | Matters concerning the improvement of policies and systems regarding the provision and use of public data; |
| 7. | Matters concerning the evaluation and inspection of outcomes from executing the major policies in the master plans and implementation plans in Articles 7 and 8; |
| 8. | Other matters deemed necessary by the chairpersons in relation to the provision and use of public data. |
| (2) | If necessary to deliberate on a matter provided in any subparagraph of paragraph (1), the Strategy Committee may gather consensus from relevant public officials, executives and employees of public institutions, persons who have expertise in public data, and relevant users, and may ask relevant institutions, etc., to submit data, etc. |
| Article 7 (Master Plans for Promoting Provision and Use of Public Data) |
| (1) | The Government shall formulate a master plan for promoting the provision and use of public data (hereinafter referred to as “master plan”). |
| (2) | A master plan shall be formulated by the Minister of the Interior and Safety every three years, in consultation with the Minister of Science and ICT by integrating plans by fields of the State and local governments, and shall be finalized following deliberation and resolution thereon by the Strategy Committee. The same shall also apply to any amendment to the important matters prescribed by Presidential Decree in the master plan. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Each master plan shall include the following: |
| 1. | Basic objectives of, and direction-setting for promoting the provision and use of public data; |
| 2. | Matters concerning forms and means, in or by which public data is provided; |
| 3. | Status of the registration and use of public data; |
| 4. | Expanding the scope of public data accessible and available; |
| 5. | Matters concerning promoting utilization of public data in the private sector; |
| 6. | Matters concerning the quality control of public data; |
| 7. | Matters concerning promoting development of technologies to provide public data; |
| 8. | Matters concerning the improvement of systems and Acts and subordinate statutes regarding public data; |
| 9. | Matters concerning education and training necessary for the management, provision, and use of public data; |
| 10. | Investment and funding plans necessary for the provision and use of public data; |
| 11. | Other matters concerning the management, provision, and use of public data. |
| (4) | The Minister of the Interior and Safety may formulate guidelines for preparing plans by field of the State and local governments through deliberation thereon by the Strategy Committee and notify relevant institutions thereof, and if necessary for preparing the master plan, he/she may request related data from the heads of public institutions. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Other matters necessary for the formulation and implementation of master plans shall be prescribed by Presidential Decree. |
| Article 8 (Implementation Plans for Promoting Provision and Use of Public Data) |
| (1) | The State and the heads of local governments shall annually establish an implementation plan for promoting the provision and use of public data (hereinafter referred to as “implementation plan”) pursuant to the relevant master plan. |
| (2) | The heads of central administrative agencies and the heads of local governments shall submit their implementation plans to the Strategy Committee and implement such implementation plans following deliberation and resolution thereon by the Strategy Committee. The same shall also apply to any amendment to an important matter prescribed by Presidential Decree in the implementation plans. |
| (3) | Each implementation plan shall include the following: |
| 1. | Evaluation of the results of the provision and use of public data in the immediately preceding year; |
| 2. | An implementation plan in the relevant year regarding matters included in the master plan formulated under Article 7 (3); |
| 3. | A plan to manage the public data-related budget in the relevant year; |
| 4. | Other matters necessary for managing public data policies. |
| (4) | Other matters necessary for the formulation and implementation of implementation plans shall be prescribed by Presidential Decree. |
| Article 9 (Evaluation of Status of Provision and Management of Public Data) |
| (1) | The Minister of the Interior and Safety shall annually evaluate the status of the provision and management of public data by public institutions (excluding the National Assembly, courts, the Constitutional Court, and the National Election Commission; hereafter the same shall apply in this Article), such as the establishment of a foundation for providing such data and the status of provision, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall report the findings from the evaluation in paragraph (1) to the Strategy Committee and the State Council and announce them after notifying the heads of public institutions thereof and shall require the relevant public institutions to take corrective measures, etc., regarding matters recommended by the Strategy Committee for improvement. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety may select and reward any public institution rated exemplary in an evaluation conducted under paragraph (1) or any public official or any executive or employee of a public institution deemed rendered meritorious service in the provision of public data. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Other matters necessary for conducting evaluation of operational status shall be prescribed by Presidential Decree. |
| Article 10 (Fact-Finding Surveys, etc., on Use of Public Data) |
The Government may conduct a survey on the demand for public data and the status of use thereof, and complaints by citizens, private enterprises, and organizations, in order to efficiently develop and implement policies for promoting the provision and use of public data.
| Article 11 (Guidelines for Management of Public Data) |
The Minister of the Interior and Safety shall formulate and announce guidelines for managing public data, in consultation with the Minister of Science and ICT, to efficiently implement policies for the provision of public data; and the heads of public institutions shall abide by such guidelines. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 12 (Officers Responsible for Providing Public Data) |
| (1) | The head of a public institution shall appoint an officer responsible for exercising overall control over promoting the provision and use of public data (hereinafter referred to as “officer responsible for the provision of public data”) and working-level employees; and he/she shall post such fact on the web site of the institution for ready access to users. |
| (2) | An officer for the provision of public data and working-level employees shall take charge of the following matters in relation to the affairs of the relevant institution: |
| 1. | Overall coordination of, and support for, public data policies; |
| 2. | Linkage and coordination between public data policies and other policies, plans, etc., of the institution; |
| 3. | Overall control of, and support for, affairs concerning the management, provision, and use of public data; |
| 4. | Quality control of public data; |
| 5. | Other affairs related to the provision of public data. |
| (3) | If the head of a public institution has appointed or replaced the officer responsible for the provision of public data and working-level employees, he/she shall promptly notify the Minister of the Interior and Safety thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | A public institution may have an organization and staff to be solely in charge of its affairs concerning support for the provision and use of public data. In such cases, the organization solely in charge shall closely cooperate with the Public Data Utilization Support Center established under Article 13. |
| Article 13 (Public Data Utilization Support Center) |
| (1) | A Public Data Utilization Support Center (hereinafter referred to as the “Utilization Support Center”), shall be established and operated within jurisdiction of the National Information Society Agency under Article 14 of the Framework Act on National Informatization to efficiently provide support for promoting the provision and use of public data. |
| (2) | The Utilization Support Center shall perform the following: <Amended by Act No. 13723, Jan. 6, 2016> |
| 1. | Surveys on and research for policies and systems for the provision and use of public data; |
| 2. | Surveys and analysis of statistics related to the provision and use of public data; |
| 3. | Support for processing and management of public data to be provided; |
| 4. | Support for the formulation and implementation of master plans and implementation plans; |
| 5. | Public relations for use of public data and support for business start-up under Article 14; |
| 6. | Support for cooperation with the private sector and other countries regarding public data under Articles 15 and 16; |
| 6-2. | Support for investigations into the actual conditions of developing and providing overlapping or similar services under Article 15-3; |
| 7. | Assistance in obtaining authorization to use copyrighted works and other public data under Article 17 to promote the provision and use thereof; |
| 8. | Assistance in registering the lists of public data under Article 18 and for the management of information so registered; |
| 9. | Support for the announcement of the lists of public data to be released under Article 19, and list information services; |
| 10. | Promoting the building, management, and utilization of the public data portal under Article 21; |
| 11. | Support for the diagnosis, evaluation, and improvement of the quality of public data under Article 22; |
| 12. | Support for the standardization of public data under Article 23; |
| 13. | Support for improving the forms of providing public data and for establishing the means of providing such data under Article 24; |
| 14. | Education and training related to public data under Article 25; |
| 15. | Consultation on support for the provision or use of public data, and the provision of public data as proxy, under Articles 26 and 27; |
| 16. | Support for the operation of the Committee on Mediation of Disputes over Provision of Public Data under Article 29; |
| 17. | Other matters necessary to support the efficient provision and active use of public data. |
| (3) | The Government may reimburse expenses incurred in operating the Utilization Support Center and in performing the affairs in paragraph (2), within budgetary limits. |
| (4) | No institution, other than the Utilization Support Center, shall use any name that includes the words “Public Data Utilization Support Center” or similar. |
| (5) | Other matters necessary for the Utilization Support Center shall be prescribed by Presidential Decree. |
| Article 14 (Promoting Use of Public Data) |
| (1) | The Government may promote the following activities to raise citizens’ awareness about the use of public data and to promote the use thereof: |
| 1. | Discovery of, and rewards and public relations for success cases regarding the use of public data; |
| 2. | Holding forums and seminars to promote the use of public data; |
| 3. | Other activities necessary to raise citizens’ awareness about the use of public data and promotion thereof. |
| (2) | To facilitate the use of public data, the Government may promote starting up businesses that use public data and provide support necessary for the cultivation and development of business founders. <Newly Inserted by Act No. 13723, Jan. 6, 2016> |
| (3) | Matters necessary for eligibility, methods, procedures, etc., for support referred to in paragraph (2) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13723, Jan. 6, 2016> |
| Article 15 (Cooperation with Private Sector) |
The head of a public institution may provide services to promote the provision and use of public data in cooperation with individuals, enterprises, organizations, etc.
| Article 15-2 (Preventing Development or Provision of Overlapping or Similar Services) |
| (1) | No head of any public institution shall use public data with a view to developing or providing any service overlapping with or similar to those provided by any individual, enterprise, organization, etc. |
| (2) | The head of each public institution shall develop a plan to prevent the development and provision of overlapping or similar services, and ascertain whether a new service constitutes a redundant or similar investment before developing or providing that service. |
[This Article Newly Inserted by Act No. 13723, Jan. 6, 2016]
| Article 15-3 (Investigations, etc., into Actual Conditions of Development and Provision of Overlapping or Similar Services) |
| (1) | The Minister of the Interior and Safety shall periodically investigate the actual conditions of the development and provision of overlapping or similar services by public institutions, and report the result to the Strategy Committee. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall recommend a public institution to take measures for improvement or correction based on findings from investigation into actual conditions under paragraph (1), if the Strategy Committee so resolves through deliberation. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Upon receipt of the recommendation under paragraph (2), the head of a public institution shall, pay regard to the recommendation and notify the Minister of the Interior and Safety of a plan for implementing the recommendation not later than 90 days after the date of receipt of the recommendation. In such cases, if he/she can not comply with the recommendation, he/she shall notify the Minister of the Interior and Safety of the reasons therefor. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | The period, methods, procedures, etc., for investigations into actual conditions in paragraph (1), and matters necessary for recommendations, etc., for improvement or correction under paragraph (2), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13723, Jan. 6, 2016]
| Article 16 (International Cooperation) |
A public institution may ascertain global trends regarding promoting the provision and use of public data and promote international cooperation in relation to the following:
| 1. | Support for the international exchange of technologies and human resources related to public data; |
| 2. | Support for the international standardization of public data and for international collaborative research and development projects; |
| 3. | Cooperation with international organizations and foreign governments in relation to public data; |
| 4. | Support for international cooperation in the private sector, regarding public data; |
| 5. | Other matters for promoting the provision and use of public data. |
CHAPTER III REGISTRATION, ETC., OF PUBLIC DATA AND ESTABLISHMENT OF FOUNDATION FOR PROVISION THEREOF
| Article 17 (Scope of Public Data to be Released) |
| (1) | The head of each public institution shall provide citizens with the public data held and managed by the public institution: Provided, That the same shall not apply to data; including any of the following information: |
| 2. | Information which involves any third person’s right protected under the Copyright Act or any other statute and the use of which is not duly authorized under the relevant law. |
| (2) | Notwithstanding paragraph (1), if the information referred to in the subparagraphs of paragraph (1), is technically separable, the head of the relevant public institution shall exclude such information when providing its public data. |
| (3) | The Minister of the Interior and Safety may propose a plan for obtaining authorization to use the public data excluded from provision, classified as involving any third person’s right under paragraph (1) 2, and the heads of public institutions shall take necessary measures according to such plan. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 18 (Registration of Lists of Public Data) |
| (1) | The head of each public institution shall register a list of public data falling under the jurisdiction of the public institution with the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may examine as to whether any omission exists in the registration pursuant to paragraph (1), and request the relevant head to register a list of omitted public data, if any. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall manage and provide information on the lists of public data registered pursuant to paragraphs (1) and (2), upon classifying them by content, form, and subject matter for the convenience of use. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety shall build and operate a registration management system of public data lists on the public data portal under Article 21 to efficiently implement policies to manage public data systematically and to promote the provision and use thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 19 (Announcement of Information on Lists of Public Data) |
| (1) | The Strategy Committee shall deliberate and pass a resolution on a list of public data to be released among those included in the lists of public data registered pursuant to Article 18. |
| (2) | The Minister of the Interior and Safety shall compile and announce the lists of public data to be released following deliberation and resolution by the Strategy Committee in paragraph (1), the conditions of use thereof, etc. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The head of a public institution shall prepare lists, conditions of use, etc., of public data to be released under his/her jurisdiction, which are announced under paragraph (2), for the convenience of users and post them on the web site of the public institution. |
| (4) | The head of each public institution that holds public data announced pursuant to paragraph (2) shall register such public data on the public data portal under Article 21. |
| (5) | Other matters necessary for the compilation and announcement of public data lists shall be prescribed by Presidential Decree. |
| Article 20 (Exclusion of Public Data from Lists) |
| (1) | The head of a public institution may request the Minister of the Interior and Safety to exclude public data from the list thereof, if: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | The information system for creating and managing the public data or the relevant services are discontinued; |
| 2. | The public data includes information provided in any subparagraph of Article 17 (1), due to the enactment or amendment of law or a change to the relevant service or on other grounds; |
| 3. | The head of the public institution deems it necessary to exclude the public data from the relevant list. |
| (2) | The Minister of the Interior and Safety may refer a request made under paragraph (1) to exclude public data from the list thereof, to the Strategy Committee for deliberation and exclude them from the list following a resolution by the Strategy Committee, and he/she shall, following the Strategy Committee’s decision on such exclusion, announce the data to be excluded from the list and the grounds for exclusion for the convenience of users. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | If the Minister of the Interior and Safety determines to exclude public data from the list thereof pursuant to paragraph (2), he/she shall implement such determination immediately after the announcement of such exclusion, except in extenuating circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 21 (Operation of Public Data Portal) |
| (1) | The Minister of the Interior and Safety shall build, manage, and promote the utilization of, an integrated system for provision of public data (hereinafter referred to as “public data portal”) to ensure the efficient provision of such public data. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may request the heads of public institutions to provide cooperation necessary for building and operating the public data portal, such as linking public data and provision of public data. In such cases, the heads of the public institutions so requested shall comply therewith, except in extenuating circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Building, management, and promotion of utilization of public data portals and other necessary matters shall be prescribed by Presidential Decree. |
| Article 22 (Quality Control of Public Data) |
| (1) | The head of a public institution shall take measures necessary to ensure the stable quality control and appropriate level of quality of the public data generated or acquired and managed by the public institution. |
| (2) | The Minister of Science and ICT and the Minister of the Interior and Safety shall establish and implement necessary policies to diagnose, evaluate, and support the improvement of, the quality of public data in order to maintain the quality of such public data at an appropriate level and to promote the provision thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Pursuant to paragraph (2), the Minister of the Interior and Safety may regularly diagnose and evaluate the quality of the public data to be released, which may have substantial follow-on effects on society and the economy, in consultation with the Minister of Science and ICT, and may publicize the results thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Other matters necessary for diagnosis, evaluation, etc., of the quality of public data shall be prescribed by Presidential Decree. |
| Article 23 (Standardization of Public Data) |
| (1) | The Minister of the Interior and Safety shall formulate and implement standards for the following matters, to promote the provision and use of public data and to manage it more efficiently, in consultation with the Minister of Science and ICT: Provided, That the same shall not apply where any public data standards are included in the Korean Industrial Standards under the Industrial Standardization Act: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Forms to provide public data and technologies for provision; |
| 2. | A system for classifying provision of public data; |
| 3. | Other matters necessary for promoting the provision and use of public data. |
| (2) | The head of a public institution shall comply with the standards in paragraph (1), and the Minister of the Interior and Safety may investigate whether the head of each public institution complies with the standards and request him/her to take corrective measures, if necessary. Upon receipt of a request to take corrective measures, the head of the public institution shall comply therewith, except in extenuating circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 24 (Establishment of Foundation for Provision of Public Data) |
| (1) | The head of each public institution shall endeavor to maintain public data in a machine-readable form to ensure the efficient use thereof. |
| (2) | The head of each public institution shall devise means to provide public data utilizing various information technologies to ensure that such public data is accessible and available to users. |
| (3) | The Government may provide administrative, technical, and financial support necessary to improve the forms to provide public data and to devise means for provision thereof under paragraphs (1) and (2). |
| Article 25 (Education and Training about Public Data) |
| (1) | The Minister of the Interior and Safety shall formulate education and training policies to improve the expertise and ability of public officials, executives, and employees of public institutions engaged in managing and providing public data. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Government may conduct user education to promote the sound use of public data and to prevent the misuse or abuse of public data that may impair public interest or citizens’ rights and interests. |
| (3) | Other matters necessary for conducting education and training about public data shall be prescribed by Presidential Decree. |
CHAPTER IV PROCEDURES, ETC., FOR PROVISION OF PUBLIC DATA
| Article 26 (Provision of Public Data) |
| (1) | Any person who intends to use public data may obtain such public data from the competent public institution, the public data portal, etc., if such public data is included in public data releases announced under Article 19: Provided, That he/she shall file a separate application for provision pursuant to Article 27 to obtain public data not included in the announced list of public data releases. |
| (2) | No head of any public institution shall refuse to provide public data on grounds that such public data is included in the scope of services that the public institution is developing and providing or plans to develop. |
| (3) | The head of a public institution has no duty to provide public data by creating, altering, processing, summarizing, or extracting it additionally, although requested so by a user. |
| (4) | Other matters necessary for the provision of public data shall be prescribed by Presidential Decree. |
| Article 27 (Applications, etc., for Provision of Public Data, other than Announced Public Data Releases) |
| (1) | Any user who intends to obtain public data excluded from the list of public data releases shall file an application with the head of the competent public institution or the Utilization Support Center for the provision of such public data, as prescribed by Presidential Decree. |
| (2) | Upon receipt of an application to provide public data pursuant to paragraph (1), the Utilization Support Center shall immediately transmit the application to the competent public institution. |
| (3) | Upon receipt of an application to provide public data pursuant to paragraphs (1) and (2), the head of the public institution shall examine whether the public data includes any information referred to in any subparagraph of Article 17 (1) and shall determine whether to provide such data, within ten days from receipt of the application. |
| (4) | If the head of a public institution is unable to determine whether to provide public data within the period set under paragraph (3), due to extenuating circumstances, he/she may extend the period for such determination by up to another ten days, counting from the date following the expiration of the initial period. In such cases, the head of the public institution shall promptly notify the applicant of such extension and the grounds therefor. |
| (5) | If the head of a public institution determines to provide public data pursuant to paragraph (3), he/she shall promptly notify the applicant of the methods of, and procedures for provision thereof and other matters, and register the list of the public data pursuant to Article 18. |
| (6) | If the head of a public institution determines not to provide public data pursuant to paragraph (3), he/she shall promptly notify the applicant and the Minister of the Interior and Safety of the details of, and grounds for such decision. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 28 (Suspending Provision of Public Data) |
| (1) | The head of a public institution may suspend the provision of public data, if: |
| 1. | A user is likely to substantially hinder the inherent functions of the public institution due to a violation of any of the conditions of use of public data announced under Article 19; |
| 2. | The use of the public data substantially infringes on any third person’s right; |
| 3. | The public data is used in a crime or other offence; |
| 4. | The provision of the public data is inappropriate for the management and use thereof, as determined by the Committee on Mediation of Disputes over Provision of Public Data under Article 29. |
| (2) | If the head of a public institution requests that public data be excluded from the list thereof to the Minister of the Interior and Safety on grounds of any of the subparagraphs of Article 20 (1), he/she may take measures to suspend the provision of the public data prior to deliberation and resolution by the Strategy Committee. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | If the provision of public data is suspended under paragraph (1), the relevant user may be provided with such data pursuant to Article 26 after the ground for suspension ceases. |
| (4) | Procedures for, and methods of suspending the provision of public data and other necessary matters shall be prescribed by Presidential Decree. |
| Article 29 (Establishment and Organization of Committee on Mediation of Disputes over Provision of Public Data) |
| (1) | A Committee on Mediation of Disputes over Provision of Public Data (hereinafter referred to as the “Dispute Mediation Committee”), shall be established under the jurisdiction of the Minister of the Interior and Safety, to mediate disputes over the provision of public data refused or suspended by public institutions. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Dispute Mediation Committee shall be comprised of up to 25 members, including one chairperson, commissioned by the Minister of the Interior and Safety from among the following persons who have abundant expertise and experience in the provision and use of public data, one of whom shall be a standing member: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Public officials who belong to the Senior Civil Service of the central administrative agencies taking charge of the affairs related to public data, or persons who hold or have held other equivalent positions in the public sector or related organizations, and have experience in affairs related to the provision and use of public data; |
| 2. | Persons with at least five years’ experience as judge, public prosecutor, attorney-at-law, or patent attorney; |
| 3. | Persons who serve or have served as at least associate professor in universities and colleges or hold or have held other equivalent positions in research institutes officially recognized; |
| 4. | Other persons recognized by the Minister of the Interior and Safety who have abundant knowledge and experience in the provision and use of public data. |
| (3) | The chairperson shall be appointed by the Minister of the Interior and Safety from among non-public official members. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The term of office of members shall be two years, which may be renewed for only one further term: Provided, That a member who is newly commissioned to fill a vacancy arising due to resignation, etc., of an existing member, shall serve for the remainder of his/her predecessor’s term of office. |
| (6) | The Dispute Mediation Committee may organize and operate a mediation panel comprised of five to seven mediators, if necessary to mediate disputes efficiently. In such cases, any resolution passed by the mediation panel with respect to any case entrusted by the Dispute Mediation Committee shall be deemed passed by the Dispute Mediation Committee. |
| (7) | Meetings of the Dispute Mediation Committee or the mediation panel shall be opened with a majority of all incumbent members present, and resolutions shall be passed with the affirmative vote of a majority of those present. The resolution process shall be closed to the public but may be made open to the public upon the affirmative vote of a majority of the members present. |
| (8) | A secretariat shall be established in the Utilization Support Center to assist in the affairs of the Dispute Mediation Committee. |
| (9) | Except as otherwise expressly provided for in this Act, matters necessary for the operation of the Dispute Mediation Committee shall be prescribed by Presidential Decree. |
| Article 30 (Abstention, Recusal, or Withdrawal of Members) |
| (1) | If any of the following applies to a member of the Dispute Mediation Committee, he/she shall abstain from deliberating for and passing any resolution on a case for mediation of a dispute (hereinafter referred to as “case”) filed with the Dispute Mediation Committee under Article 31 (1): |
| 1. | Where the member or his/her current or former spouse is a party or joint right holder or obligor to the case; |
| 2. | Where the member is a current or former relative of a party to the case; |
| 3. | Where the member has provided expert testimony, appraisal, or legal advice for the case; |
| 4. | Where the member is or was involved as the agent of a party to the case. |
| (2) | If a party anticipates unfairness in deliberation and resolution by a member, he/she may file an application with the chairperson to recuse the member. In such cases, the chairperson shall determine such application subject to resolution by the Dispute Mediation Committee. |
| (3) | If a member falls under paragraph (1) or (2), he/she may voluntarily abstain from the deliberation and resolution on the case. |
| Article 31 (Applications for Dispute Mediation and Processing Period) |
| (1) | Any person against whom the provision of public data is refused or suspended, may file an application for dispute mediation with the Dispute Mediation Committee within 60 days from the date the relevant disposition is made. |
| (2) | Upon receipt of an application for dispute mediation from a party, the Dispute Mediation Committee shall inform the other party of the details thereof. |
| (3) | The Dispute Mediation Committee shall examine an application for dispute mediation in paragraph (1) and prepare a mediation plan within 30 days from receipt of such application: Provided, That it may extend the processing period upon resolution by the Dispute Mediation Committee, in extenuating circumstances. |
| (4) | If the Dispute Mediation Committee extends the processing period pursuant to the proviso to paragraph (3), it shall promptly inform the applicant of the grounds for such extension and other relevant details. |
| Article 32 (Mediation of Disputes) |
| (1) | The Minister of the Interior and Safety may direct subordinate public officials to investigate the facts of a case filed under Article 31 (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Any public official directed by the Minister of the Interior and Safety under paragraph (1), may request a public institution to submit data for investigating the fact and if necessary, to provide cooperation in conducting an on-site investigation. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | A request for data and cooperation in paragraph (2) shall be limited to the minimum extent necessary for the pertinent dispute mediation case, and the head of the public institution, in receipt of such request, shall comply therewith, except in extenuating circumstances. |
| (4) | If necessary, the Dispute Mediation Committee may require an applicant and a person in charge of affairs of the relevant public institution to appear to state their opinions. |
| (5) | If necessary, the Dispute Mediation Committee may recommend an applicant and a public institution to agree on the provision and use of public data upon mutual consultation. |
| (6) | The Dispute Mediation Committee shall provide a mediation plan to both parties immediately upon the formulation of such plan in consideration of the investigation of facts and opinions under paragraphs (1) through (4); and if any of the parties provided with the mediation plan fails to inform the Committee whether it accepts such plan within 15 days from receipt of the plan, the mediation plan shall be deemed rejected. |
| (7) | The head of a public institution shall comply with a mediation plan presented by the Dispute Mediation Committee, except in extenuating circumstances; and shall not be accorded any unfavorable treatment, such as disciplinary measures, on account of such compliance, nor be liable to compensate any damage. |
| (8) | If both parties accept a mediation plan, the Dispute Mediation Committee shall prepare a mediation agreement, which shall be signed by the chairperson of the Dispute Mediation Committee and both the parties. |
| (9) | Any mediation agreement prepared under paragraph (8) shall have the same effect as judicial settlement. |
| Article 33 (Refusal and Suspension of Mediation) |
| (1) | The Dispute Mediation Committee may reject the mediation of a dispute if deemed inappropriate to mediate the dispute due to its nature or that such mediation is filed for any illegal purpose. In such cases, it shall inform the applicant of the grounds for refusal of the mediation and other relevant matters. |
| (2) | If either of the parties institutes a lawsuit during the processing of an application for mediation filed, the Dispute Mediation Committee shall suspend the mediation process and inform the parties thereof. |
| Article 34 (Mediation Procedures, etc.) |
| (1) | Except as otherwise expressly provided for in Articles 31 through 33, matters necessary for the methods and procedures for dispute mediation, the handling of mediation-related affairs, etc., shall be prescribed by Presidential Decree. |
| (2) | Except as otherwise expressly provided for in this Act, the Judicial Conciliation of Civil Disputes Act shall apply mutatis mutandis to the operation of the Dispute Mediation Committee and procedures for dispute mediation. |
| Article 35 (Charging Costs) |
| (1) | The head of each public institution and the Utilization Support Center may charge users the minimum costs required for provision of public data. |
| (2) | The scope of costs in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| (1) | With respect to the provision of public data, any relevant public institution and public officials affiliated therewith and executives officers and employees shall be exempted from any civil or criminal liability for losses sustained by users or third persons on grounds of the quality of the public data (excluding cases of loss incurred intentionally or by gross negligence); the exclusion of the public data from the list under Article 20; the suspension of the provision of public data under Article 28; the temporary suspension of the provision of public data for business reasons, etc. |
| (2) | If the relevant public official, executive, or employee has conscientiously performed their duties in compliance with the procedures under this Act, no one shall be accorded any unfavorable treatment under the State Public Officials Act and other statutes. |
| (3) | If public data involving any third person’s right is provided to a user, the user shall not be liable for any loss sustained by the third person who holds the right: Provided, That this shall not apply to any person who uses public data foreknowing that the public data involves a third person’s right. |
| Article 37 (Requests to Submit Data) |
The Minister of the Interior and Safety may request the head of a relevant public institution (excluding the National Assembly, courts, the Constitutional Court, and the National Election Commission) to submit data concerning the provision and use of public data, as deemed necessary. In such cases, the head of the public institution, in receipt of such request, shall comply therewith, except in extenuating circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 38 (Entrustment of Authority) |
| (1) | The Minister of the Interior and Safety entrust part of his/her affairs under this Act to the heads of public institutions, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of each public institution may entrust any of his/her duties in connection with Articles 17 (3), 22, 24, 26, and 27 to the Utilization Support Center. |
| Article 39 (Regulations on Delegation) |
Matters necessary for enforcing this Act shall be prescribed by National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulation, and Presidential Decree.
CHAPTER VI PENAL PROVISIONS
| Article 40 (Fines for Negligence) |
| (1) | Any person who uses a name that includes the words “Public Data Utilization Support Center” or similar, in violation of Article 13 (4), shall be punished by a fine for negligence not exceeding five million won. |
| (2) | Fines for negligence in paragraph (1) shall be imposed and collected by the Minister of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Provision of Public Data)
Any public data provided pursuant to other statutes or through consultations with public institutions before this Act enters into force, shall be deemed provided in compliance with the procedures of this Act.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended portions of any Act revised pursuant to Article 6 of the Addenda to the Government Organization Act and promulgated before the Government Organization Act enters into force, but the date on which it enters into force has not yet arrived, shall enter into force on the date that Act enters into force. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13723, Jan. 6, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That, where any Act amended by Article 5 of this Addenda has been promulgated but is yet to enter into force by the time this Act enters into force, amendments to such Act shall enter into force on the enforcement date of such relevant Act. |
Articles 2 through 6 Omitted.