ENFORCEMENT DECREE OF THE ACT ON PROMOTION OF THE PROVISION AND USE OF PUBLIC DATA
Presidential Decree No. 24812, Oct. 30, 2013
Amended by Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 27085, Apr. 5, 2016
Presidential Decree No. 28211, Jul. 26, 2017
| Article 1-2 (Scope of Electronic Records as Public Data) |
[This Article Newly Inserted by Presidential Decree No. 27085, Apr. 5, 2016]
| Article 2 (Composition of Public Data Strategy Committee) |
| (1) | “Persons prescribed by Presidential Decree” in Article 5 (3) 1 of the Act means any of the following persons: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27085, Apr. 5, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Minister of Strategy and Finance; the Minister of Education; the Minister of Science and ICT; the Minister of the Interior and Safety; the Minister of Culture, Sports and Tourism; the Minister of Trade, Industry and Energy; the Minister of Health and Welfare; and the Minister of Land, Infrastructure and Transport; |
| 2. | Three of the Special Metropolitan City Mayor, Metropolitan City Mayors, the Metropolitan Autonomous City Mayor, Do Governors, and the Special Self-Governing Province Governor recommended by the consultative councils of the heads of local governments under Article 165 (1) 1 of the Local Autonomy Act; |
| 4. | The head of a public institution designated by the Minister of the Interior and Safety and the head of a public institution designated by the Minister of Strategy and Finance, among the President of the National Information Society Agency under Article 14 of the Framework Act on National Informatization and public institutions deemed to have a close relationship with the operation of the Act. |
| (2) | The Public Data Strategy Committee (hereinafter referred to as the “Strategy Committee”) under Article 5 (1) of the Act shall include the members under Article 5 (3) 2 of the Act by at least 1/2 of its total members, who must be commissioned based duly on their specialty, gender, etc. |
| Article 3 (Operation of Public Data Strategy Committee) |
| (1) | Each chairperson of the Strategy Committee shall convene and preside over meetings thereof. |
| (2) | If neither chairperson of the Strategy Committee is able to perform his/her duties due to any extenuating circumstances, a member in the order designated in advance by the chairpersons shall act on behalf of the chairpersons. |
| (3) | The chairpersons of the Strategy Committee, when seeking to convene a meeting, shall notify the members of the Strategy Committee of the date, place, and agenda of the meeting, by not later than seven days before the meeting is held: Provided, That the same shall not apply in cases of emergency or unavoidable circumstances. |
| (4) | A quorum for all its meetings shall be constituted by a majority of all members of the Strategy Committee; and resolutions shall be passed with the concurrent vote of a majority of the members present. |
| (5) | If any matter involving in the affairs of a central administrative agency other than those referred to in Article 2 (1) 1 is placed on the agenda of the Strategy Committee, the chairpersons of the Strategy Committee may have the head of the central administrative agency associated with the matter attend and speak at a meeting of the Strategy Committee, if necessary. |
| Article 4 (Composition and Operation of Working Committee on Public Data Strategy) |
| (1) | The working committee on public data strategy (hereinafter referred to as the “working committee”) under Article 5 (6) of the Act shall be comprised of at least 25 members, including two chairpersons. |
| (2) | The office of chairperson of the working committee shall be jointly held by the following persons: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Vice Minister of the Interior and Safety who takes charge of the affairs to promote the provision and use of public data; |
| (3) | Members of the working committee shall be appointed or commissioned by the chairpersons of the working committee, based duly on their specialty, gender, etc., from among the following persons: |
| 1. | Public officials belonging to the Senior Civil Service or public officials in positions equivalent thereto, who take charge of the affairs to promote the provision and use of public data; |
| 2. | Persons with abundant knowledge and experience in promoting the provision and use of public data. |
| (4) | One secretary shall be assigned to efficiently operate and support the working committee; and the office of secretary shall be assumed by a person designated by the chairpersons of the working committee from among the public officials belonging to the Senior Civil Service of the Ministry of the Interior and Safety, who take charge of the affairs to promote the provision and use of public data. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | Each chairperson of the working committee shall convene and preside over meetings thereof: Provided, That when neither chairperson of the working committee is able to perform his/her duties due to any unavoidable circumstance, a member in the order designated in advance by the chairpersons shall act on behalf of the chairpersons. |
| (6) | The term of office of any member under paragraph (3) 2 shall be two years, which may be renewed for only one further term. |
| (7) | A quorum for all its meetings shall be constituted by a majority of all members of the working committee; and resolutions shall be passed with the concurrent vote of a majority of the members present. |
| (8) | The working committee may have a relevant person or expert associated with promoting the provision and use of public data attend a meeting thereof to present his/her opinion, or request such relevant person or expert to submit necessary materials. |
| Article 5 (Composition and Operation of Expert Committees) |
| (1) | The expert committees by field (hereinafter referred to as the “expert committee”) under Article 5 (6) of the Act shall each be comprised of at least ten members, including one chairperson. |
| (2) | The office of chairperson of each expert committee shall be assumed by a person commissioned by the chairpersons of the working committee from among those referred to in paragraph (3) 2. |
| (3) | Members of each expert committee shall be appointed or commissioned by the chairpersons of the working committee from among the following persons: |
| 1. | Relevant public officials of central administrative agencies and local governments, who take charge of the affairs to promote the provision and use of public data; |
| 2. | Persons with abundant knowledge and experience in promoting the provision and use of public data. |
| Article 6 (Attendance Allowances, etc.) |
Allowances may be provided, and travel expenses and other actual expenses may be reimbursed to members, relevant persons, and experts present at meetings of the Strategy Committee, working committee, and expert committees, within budgetary limits: Provided, That the same shall not apply where a public official attends a meeting of any committee directly in connection with his/her official duties.
| Article 7 (Detailed Operation Rules of Strategy Committee, etc.) |
Detailed matters necessary for the organization and operation of the Strategy Committee, working committee, and expert committees, other than those provided for in this Decree, shall be determined by the chairpersons of the Strategy Committee upon resolution by the Strategy Committee.
| Article 8 (Procedures, etc., to Develop Master Plans for Promoting Provision and Use of Public Data) |
| (1) | The Minister of the Interior and Safety shall notify the heads of State agencies and the heads of local governments of guidelines for formulating plans by field under Article 7 (4) of the Act, by not later than June 30 of the year preceding the year in which a master plan under Article 7 (1) of the Act (hereinafter referred to as “master plan”) is implemented. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The heads of State agencies and the heads of local governments notified of guidelines for formulating plans under paragraph (1) shall submit the particulars referred to in each of the following subparagraphs to the Minister of the Interior and Safety by not later than August 31 of the year preceding the year in which the master plan is implemented: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Plans by field, to be implemented during the plan year; |
| 2. | Outcomes of implementing the master plan. |
| (3) | The Minister of the Interior and Safety shall, in consultation with the Minister of Science and ICT, integrate the plans by field of State agencies and local governments received under paragraph (2) and formulate a draft master plan not later than September 30 of the year preceding the year in which the master plan is implemented, and notify the heads of State agencies and the heads of local governments thereof to hear their opinions. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | When deemed necessary to reflect opinions collected under paragraph (3), the Minister of the Interior and Safety shall revise and finalize the draft master plan by not later than December 31 of the year preceding the year in which the master plan is implemented, upon deliberation and resolution by the Strategy Committee. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety shall, upon finalizing a master plan, promptly notify the heads of State agencies and the heads of local governments thereof. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (6) | “Important matters prescribed by Presidential Decree” in the latter part of Article 7 (2) of the Act, means matters that substantially affect the promotion of the provision and use of public data, which are related to at least two State agencies or local governments or involve a budget exceeding the amount determined by the Strategy Committee. |
| Article 9 (Procedures, etc., to Develop Implementation Plans for Promoting Provision and Use of Public Data) |
| (1) | The Minister of the Interior and Safety shall formulate guidelines for the methods, etc., of formulating implementation plans for promoting the provision and use of public data under Article 8 (1) of the Act (hereinafter referred to as “implementation plans”) and notify the heads of central administrative agencies and the heads of local governments thereof by not later than December 31 of the year preceding the year in which the master plan is implemented. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The heads of central administrative agencies and the heads of local governments shall submit the particulars referred to in each of the following subparagraphs to the Strategy Committee by not later than the end of February every year: Provided, That amendments made under subparagraph 3 may be submitted at any time, if those modifications are urgently necessary: |
| 1. | Outcomes of implementing the previous year’s implementation plans; |
| 2. | Implementation plans by their own fields to be implemented during the pertinent year; |
| (3) | “Important matters prescribed by Presidential Decree” in the latter part of Article 8 (2) of the Act means matters that substantially impact the policies of central administrative agencies and local governments to promote the provision and use of public data, which are related to at least two central administrative agencies or local governments or involve a budget exceeding the amount determined by the Committee. |
| (4) | The Strategy Committee shall deliberate and resolve on any implementation plan submitted under paragraph (2) by not later than March 31 of the pertinent year. |
| Article 10 (Standards, etc., for Evaluating Status of Provision and Management of Public Data) |
| (1) | When seeking to evaluate the status of the provision and management of public data under Article 9 (1) of the Act, the Minister of the Interior and Safety shall preannounce the public institutions subject to evaluation, the standards and methods for evaluation, etc. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The standards for evaluation under paragraph (1) shall include the following: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The status of appointment and management of the officer responsible for the provision of public data and working-level employees under Article 12 (1) of the Act; |
| 6. | Other matters deemed by the Minister of the Interior and Safety necessary to evaluate the status of the provision and management of public data. |
| Article 11 (Corrective Measures and Notification Following Evaluation of Status of Provision and Management of Public Data) |
The head of a public institution required to take corrective measures under Article 9 (2) of the Act, shall take necessary measures and notify the Minister of the Interior and Safety of the result, by not later than 30 days after the date he/she is so required: Provided, That when the measures are not concluded, he/she shall submit the grounds and a plan for subsequent measures. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 12 (Fact-Finding Surveys, etc., on Use of Public Data) |
| (1) | A survey on the status, etc. of use of public data under Article 10 of the Act shall be conducted by the head of each central administrative agency. |
| (2) | Surveys under paragraph (1) shall be divided into regular and occasional surveys, in which case the former shall be conducted in the year preceding the year which a master plan is implemented and the latter may be conducted whenever necessary. |
| (3) | When conducting a survey on the status, etc., of use of public data, the head of a central administrative agency shall first formulate a survey plan including the standards for selecting the individuals and entities to be surveyed and the date and methods of survey. |
| (4) | When necessary to conduct a survey on the status, etc., of use of public data, the head of a central administrative agency may request public institutions, private enterprises, and organizations to submit relevant materials. |
| Article 13 (Requirements, etc., for Appointment of Officers Responsible for Provision of Public Data) |
| (1) | Pursuant to Article 12 (1) of the Act, the head of a public institution shall appoint an officer responsible for exercising overall control of the affairs to promote the provision and use of its public data (hereinafter referred to as “officer responsible for the provision of public data”), according to the following division: |
| 1. | A central administrative agency: A public official belonging to the Senior Civil Service (hereinafter referred to as “high-ranking public official”) or equivalent public official; |
| 2. | A State agency headed by a public official in political service other than those referred to in subparagraph 1: A public official of at least Grade 3 (including a high-ranking public official) or equivalent public official; |
| 3. | A State agency headed by a high-ranking public official other than those referred to in subparagraphs 1 and 2, a public official of Grade 3 or at least equivalent public official: A public official of at least Grade 4 or equivalent public official; |
| 4. | A State agency (including any organization subordinate thereto) other than those referred to in subparagraphs 1 through 3: The chief of a department in charge of the public data-related affairs of the relevant agency; |
| 5. | The Special Metropolitan City, a Metropolitan City, a Metropolitan Autonomous City, a Do or a Special Self-Governing Province (hereinafter referred to as “City/ Do”), or a City/Do Office of Education: A public official of Grade 3 or higher or a public official in a position equivalent thereto; |
| 6. | A Si/Gun/autonomous Gu: A public official of Grade 4 or a public official in a position equivalent thereto; |
| 8. | A public institution other than those referred to in subparagraphs 1 through 7: The chief of a department in charge of the public data-related affairs of the relevant institution. In such cases, if at least two chiefs of departments are in charge of the public data-related affairs, he/she shall be the head of the department designated by the head of the relevant public institution. |
| (2) | The Minister of the Interior and Safety may provide necessary support, such as building of an information system, to facilitate the performance of affairs by the officers responsible for the provision of public data and working-level employees under Article 12 (2) of the Act. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 14 (Public Data Utilization Support Center) |
The head of the Public Data Utilization Support Center under Article 13 (1) of the Act may request a public institution to provide relevant data, if necessary to perform each of the affairs referred to in paragraph (2) of the same Article.
| Article 14-2 (Promoting Use of Public Data) |
| (1) | The Minister of the Interior and Safety may provide administrative and financial support to enterprises utilizing public data pursuant to Article 14 (2) of the Act, as follows: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Preferential provision of public data and processing of public data required; |
| 2. | Convergence and analysis of private and public data; |
| 3. | Provision of information and consultation of financing, manpower, technology, market development, location, etc.; |
| 4. | Provision of space necessary for starting and operating business; |
| 5. | Marketing and public relations; |
| 6. | Attraction of private investment; |
| 7. | Entry into overseas markets; |
| 8. | Other matters deemed necessary by the Minister of the Interior and Safety to promote starting business and to cultivate and develop business founders. |
| (2) | The Minister of the Interior and Safety may establish and operate facilities necessary to support enterprises utilizing public data pursuant to paragraph (1) and allow business founders to use those facilities. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall endeavor to induce the reinvestment of successful start-ups and to attract private investment in order to ensure the support pursuant to paragraph (1). <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may promote the implementation of a collaborative project among the State, local governments, universities, research institutes, industries, etc. (hereinafter referred to as “industry-academy-research collaborative project”) as part of the support pursuant to Article 14 (2) of the Act. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety may provide administrative and financial support to local governments, universities, research institutes, industries, etc., participating in an industry-academy-research collaborative project, as follows: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Development and education of programs to help starting up businesses that use public data; |
| 2. | Training of data analysis professionals; |
| 3. | Support for the operation of business start-up societies. |
| (6) | The Minister of the Interior and Safety may request the heads of institutions related to support for business start-ups provide cooperation regarding the matters provided for in each of the subparagraphs of paragraph (1) for the promotion of business start-up utilizing public data and the cultivation and development of business founders. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (7) | Details regarding the selection, etc., of persons eligible for support for business start-ups shall be determined and announced by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27085, Apr. 5, 2016]
| Article 14-3 (Investigations, etc., into Actual Conditions of Overlapping or Similar Services) |
| (1) | Pursuant to Article 15-3 (1) of the Act, the Minister of the Interior and Safety shall conduct an investigation into actual conditions of overlapping or similar services developed and provided by public institutions (hereinafter referred to as “investigation into actual conditions”) every year, regarding matters provided for in each of the following subparagraphs: Provided, That when deemed necessary to develop and implement policies for the promotion of business start-up utilizing public data and the cultivation and development of business founders, he/she may frequently conduct investigations into actual conditions: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Status of the development and provision of public institutions’ open data services (hereinafter referred to as “public institution services”); |
| 2. | Status of private services overlapped with or similar to public institution services; |
| 3. | Whether a request is made by an individual, enterprise, organization, etc., to reconsider the reduction or discontinuance of public institution services; |
| 4. | Status of the utilization rate of public institution services, the degree of service improvement, etc.; |
| 5. | Whether public institutions have developed their own improvement plans following the reduction or discontinuance of public institution services; |
| 6. | Plans for the development of additional services by public institutions; |
| 8. | Other matters deemed by the Minister of the Interior and Safety to require investigations into actual conditions to prevent or rectify overlapping or similar services. |
| (2) | When necessary to conduct an investigation into actual conditions under paragraph (1), the Minister of the Interior and Safety may either request the head of a relevant public institution (excluding the National Assembly, courts, the Constitutional Court, and the National Election Commission) to submit related documents or hear opinions of public officials, executives or employees who belong to the relevant public institution. In such cases, the head of the public institution so requested shall comply therewith, except in extenuating circumstances. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | When necessary to conduct a more efficient and accurate investigation into actual conditions, the Minister of the Interior and Safety may have the head of a relevant public institution conduct an investigation into actual conditions of the service concerned. In such cases, the head of the relevant public institution shall faithfully carry out the investigation. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27085, Apr. 5, 2016]
| Article 14-4 (Inspection, etc., of Implementation of Recommendations for Improvement or Correction) |
| (1) | The Minister of the Interior and Safety may inspect the implementation status of an implementation plan pursuant to the former part of Article 15-3 (3) of the Act. In such cases, he/she may request the head of a relevant public institution to submit data necessary for such inspection, and the head of the public institution so requested shall comply therewith, except in extenuating circumstances. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may recommend the head of the public institution to implement improvement or correction if the Strategy Committee decides that the reasons given under the latter part of Article 15-3 (3) of the Act are not justifiable. In such cases, the head of the public institution so recommended shall faithfully implement the improvement or correction. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27085, Apr. 5, 2016]
| Article 15 (Registration, etc., of Lists of Public Data) |
| (1) | The head of a public institution shall register a list of the public data generated or acquired by the public institution under Article 18 (1) of the Act with the Minister of the Interior and Safety within 15 days from the date of such data is generated or acquired. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The head of a public institution shall notify the Minister of the Interior and Safety of any change in the particulars registered under paragraph (1) and register that change with the Minister within ten days from the date of such change. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | If any public data is omitted, the Minister of the Interior and Safety shall, pursuant to Article 18 (2) of the Act, request the head of the relevant public institution to register a list of the public data, specifying a period not exceeding 20 days. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | The head of a public institution shall, upon receipt of a request to register a list of any omitted public data, register the list of the public data within a specified period. |
| Article 16 (Building, Management, and Promotion of Utilization of Public Data Portal) |
| (1) | The head of a public institution shall ensure that its public data linked to and provided in the pubic data portal under Article 21 (1) of the Act, are kept up-to-date, accurate, and interconnected. |
| (2) | When seeking to change any details of the public data linked to and provided in the pubic data portal under Articles 19 (4) and 21 (2) of the Act, or to suspend the provision thereof, the head of the competent public institution shall notify the Minister of the Interior and Safety thereof by not later than three months before the date of such change or suspension: Provided, That when changing any details of the public data, he/she shall provide the existing public data by the end of three months beginning with the date of such change. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall ensure that users can report any omissions in pubic data registration, inconvenience of users, quality errors, etc. in the pubic data portal, and if necessary to rectify an error, etc., users may require the head of the relevant public institution to correct such error, etc. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | With regard to pubic data provided through the public data portal, the Minister of the Interior and Safety may analyze user login records, the status of provision and key words, surveys, etc. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 17 (Quality Diagnosis and Improvement of Public Data) |
| (1) | The standards for quality diagnosis and evaluation of public data under Article 22 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The structure and efficiency of public data; |
| 2. | The public data quality control system; |
| 3. | Compliance with standardization of public data; |
| 4. | Errors in the values of public data; |
| 5. | Other matters deemed necessary by the Minister of the Interior and Safety. |
| (2) | When intending to diagnose and evaluate the quality of public data pursuant to Article 22 (3) of the Act, the Minister of the Interior and Safety shall develop a quality diagnosis and evaluation plan that includes matters provided for in each of the following subparagraphs in consultation with the Minister of Science and ICT: <Newly Inserted by Presidential Decree No. 27085, Apr. 5, 2016; Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Public data subject to quality diagnosis and evaluation; |
| 2. | A system to implement quality diagnosis and evaluation; |
| 3. | Procedures and duration of quality diagnosis and evaluation; |
| 4. | Corrective measures following quality diagnosis and evaluation; |
| 5. | Other matters necessary for quality diagnosis and evaluation. |
| (3) | When intending to diagnose and evaluate the quality of public data pursuant to Article 22 (3) of the Act, the Minister of the Interior and Safety shall give prior notice to the head of the public institution holding the public data subject to such diagnosis and evaluation of the quality diagnosis and evaluation plan provided for in paragraph (2). <Newly Inserted by Presidential Decree No. 27085, Apr. 5, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | If the public data to be released must be improved in light of the quality diagnosis and evaluation under Article 22 (3) of the Act, the Minister of the Interior and Safety may, in consultation with the Minister of Science and ICT, request the head of the relevant public institution to correct such data. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | Upon receipt of request for correction under paragraph (4), the head of a public institution shall submit a plan for corrective measures to the Minister of the Interior and Safety, by not later than 30 days after the date of receipt of the request. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27085, Apr. 5, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| (6) | The Minister of the Interior and Safety may inspect the measures taken in compliance with the request for correction pursuant to paragraph (4). <Newly Inserted by Presidential Decree No. 27085, Apr. 5, 2016; Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (7) | Detailed evaluation standards and indexes necessary for quality diagnosis and evaluation of public data, other than those provided for in paragraphs (1) through (6), may be announced by the Minister of the Interior and Safety, in consultation with the Minister of Science and ICT. <Newly Inserted by Presidential Decree No. 27085, Apr. 5, 2016; Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 18 (Corrective Measures and Notification regarding Compliance with Public Data Standards) |
Upon receipt of a request for correction regarding compliance with the standards under Article 23 (2) of the Act, the head of a public institution shall take necessary measures and notify the Minister of the Interior and Safety of the result, by not later than three months after the date of receipt of the request: Provided, That when the measures are not concluded, he/she shall submit the grounds for delay and a plan for measures hereafter. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 19 (Provision of Education and Training about Management and Provision of Public Data) |
At least once a year, the Minister of the Interior and Safety shall conduct specialized education and training about the management and provision of public data for the public officials and the executives and employees of public institutions under subparagraph 10 of Article 3 of the Framework Act on National Informatization that are engaged in the management and provision of public data under Article 25 (1) of the Act. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 20 (Management, etc., of Details about Provision of Public Data) |
| (1) | The head of each public institution and the Public Data Utilization Support Center under Article 13 (1) of the Act (hereinafter referred to as the “Utilization Support Center”) shall prepare and manage personal information of users, dates of provision, and other details about provision, when providing public data under Article 27 (5) of the Act, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27085, Apr. 5, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The head of each public institution shall notify the Minister of the Interior and Safety of the current status of the public data provided under Article 27 (5) of the Act semiannually, by not later than 30 days after the end of each semiannual period. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27085, Apr. 5, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 21 (Methods, etc., of Application for Provision of Public Data, other than Announced Public Data Releases) |
Any person who intends to apply for the provision of public data under Article 27 (1) of the Act (hereinafter referred to as “applicant”) shall file an application for provision of public data, as prescribed by Ordinance of the Ministry of the Interior and Safety, with either the head of the public institution or the Utilization Support Center that holds or manages such public data, directly or through an information and communications network. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 22 (Procedures, etc., to Suspend Provision of Public Data) |
| (1) | When suspending the provision of public data under Article 28 (1) of the Act, the head of the public institution shall promptly notify the relevant user of the details of the suspension decision and the grounds for suspension. |
| (2) | When a user notified of suspension of provision of public data under paragraph (1), seeks to be provided with public data under Article 28 (3) of the Act, he/she shall submit to the head of the relevant public institution the materials that verify the grounds for suspension have ceased to exist and the relevant measures taken by him/her, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The head of a public institution may resume the provision of public data under Article 28 (3) of the Act after examining materials concerning the grounds for suspension which ceased to exist and the relevant measures submitted by a user under paragraph (2). |
| Article 23 (Operation of Dispute Mediation Committee, etc.) |
| (1) | The chairperson of the Committee on Mediation of Disputes over Provision of Public Data under Article 29 (1) of the Act (hereinafter referred to as the “Dispute Mediation Committee”) shall convene and preside over meetings of the Dispute Mediation Committee. |
| (2) | When seeking to convene a meeting of the Dispute Mediation Committee, the chairperson of the Dispute Mediation Committee shall notify the members of the Dispute Mediation Committee of the date, venue, and agenda of the meeting not later than seven days before the meeting is held: Provided, That the same shall not apply in cases of urgency or in extenuating circumstances. |
| Article 24 (Composition and Operation of Mediation Panel) |
| (1) | The mediation panel under Article 29 (6) of the Act (hereinafter referred to as the “mediation panel”) shall be comprised of the members designated by the chairperson of the Dispute Mediation Committee, one of whom is qualified as an attorney-at-law. |
| (2) | The chairperson of the mediation panel shall be elected by mutual vote among members of the mediation panel. |
| (3) | The chairperson of the Dispute Mediation Committee shall convene meetings of the mediation panel. |
| (4) | When seeking to convene a meeting of the mediation panel, the chairperson of the Dispute Mediation Committee shall notify the members of the mediation panel of the date, venue, and agenda of the meeting not later than seven days before the meeting is held: Provided, That the same shall not apply in cases of urgency or in extenuating circumstances. |
| Article 25 (Secretariat, etc.) |
The secretariat under Article 29 (8) of the Act shall deal with affairs concerning dispute mediation, including fact-finding for dispute mediation cases, under orders of the chairperson of the Dispute Mediation Committee.
| Article 26 (Allowances and Travel Expenses) |
Members, etc. attending meetings of the Dispute Mediation Committee and the mediation panel may be paid allowances and reimbursed for travel expenses, within budgetary limits: Provided, That the same shall not apply where a public official attends a meeting directly in connection with his/her duties.
| Article 27 (Detailed Rules for Administration of Dispute Mediation Committee, etc.) |
Other than those specified in this Decree, further details necessary for organization and operation of the Dispute Mediation Committee and the mediation panel shall be determined by the chairperson of the Dispute Mediation Committee, upon resolution by the Dispute Mediation Committee.
| Article 28 (Standards, etc., for Calculation of Costs) |
| (1) | When seeking to charge users the costs incurred in providing public data under Article 35 of the Act, the head of each public institution and the Utilization Support Center shall take into consideration the following: |
| 1. | General expenses incurred in provision of public data, such as electronic media recording costs; |
| 2. | Expenses incurred in expanding, maintaining, and repairing the information system and networks required for provision of public data; |
| 3. | Expenses for the legitimate use of public data that contain information involving a third person’s right. |
| (2) | The head of each public institution and the Utilization Support Center, if the expenses incurred in providing public data are additionally required besides the expenses referred to in each of the subparagraphs of paragraph (1), may determine such expenses in consultation with the user provided with the public data, comprehensively considering the purposes of use, the amount of data, the period and frequency of provision, etc. |
| (3) | The expenses under paragraphs (1) and (2) shall be reimbursed by any of the following means: Provided, That they may be reimbursed in cash in extenuating circumstances: |
| 2. | Revenue stamps (limited to cases of reimbursement to State agencies) or certificate stamps (limited to cases of reimbursement to local governments). |
| Article 29 (Entrustment of Authority) |
| 1. | Evaluations conducted under Article 9 (1) of the Act and the inspection of corrective measures following evaluation of the status of the provision and management of public data under paragraph (2) of the same Article; |
| 3. | Building and operation of an information system to support affairs by the officers responsible for the provision of public data and working-level employees under Article 12 (1) of the Act and Article 13 (2) of this Decree; |
| 5. | Quality diagnosis and evaluation of public data under Article 22 (3) of the Act and the inspection of corrective measures following the quality diagnosis and evaluation of public data under Article 17 (5) of this Decree; |
| (2) | The Minister of the Interior and Safety shall entrust any of the following affairs concerning local governments and their subordinate agencies or the local government-invested public corporations and local government public corporations under the Local Public Enterprises Act, to the Korea Local Information Research and Development Institute under Article 72 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 30 (Standards for Imposition of Fines for Negligence) |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 31, 2013.
Article 2 (Special Cases concerning Development of Master Plans for Promoting Provision and Use of Public Data)
The Minister of Security and Public Administration shall finalize a master plan for promoting the provision and use of public data covering the period between 2014 and 2016 by December 31, 2013, upon deliberation and resolution by the Strategy Committee under Article 8 (4), notwithstanding such procedures as the notification of guidelines for formulating plans by field under paragraph (1) of the same Article; the submission of plans by field and outcomes of implementation under paragraph (2) of the same Article; the formulation of a draft master plan and hearing of opinions under paragraph (3) of the same Article; and the amendment of a master plan to reflect opinions under paragraph (4) of the same Article. Article 3 (Transitional Measures concerning Registration of Lists of Public Data)
The head of each public institution shall register a list of public data generated or acquired by the public institution until October 31, 2013 with the Minister of Security and Public Administration not later than 30 days after this Decree enters into force, notwithstanding Article 15 (1).
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended portions of any Presidential Decree promulgated before this Decree enters into force, but the date on which it enters into force has not yet arrived, among Presidential Decrees revised pursuant to Article 5 of the Addenda, shall enter into force on the date that Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27085, Apr. 5, 2016>
This Decree shall enter into force on April 7, 2016.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, where any Presidential Decree amended by Article 8 of this Addenda has been promulgated but is yet to enter into force by the time this Decree enters into force, amendments to such Presidential Decree shall enter into force on the enforcement date of such relevant Presidential Decree.
Articles 2 through 8 Omitted.