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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON ELECTRONIC DOCUMENTS AND TRANSACTIONS

Wholly Amended by Presidential Decree No. 17655, jun. 29, 2002

Amended by Presidential Decree No. 19118, Nov. 4, 2005

Presidential Decree No. 20120, jun. 28, 2007

Presidential Decree No. 20388, Nov. 16, 2007

Presidential Decree No. 20678, Feb. 29, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21692, Aug. 18, 2009

Presidential Decree No. 22129, Apr. 20, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 24076, Aug. 31, 2012

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 26713, Dec. 15, 2015

Presidential Decree No. 27684, Dec. 27, 2016

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28210, Jul. 26, 2017

Presidential Decree No. 29034, Jul. 10, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Framework Act on Electronic Documents and Transactions and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 2 (Scope of Trade Secrets)
(1) The scope of trade secrets protected pursuant to Article 13 of the Framework Act on Electronic Documents and Transactions (hereinafter referred to as the "Act") shall be as follows: Provided, That matters known in the public domain or to which users of electronic commerce have agreed to be disclosed shall be excluded therefrom:
1. Matters with which individual business partners can be identified, such as a name, trade name, and address;
2. Matters concerning the prices and quantities of goods or services provided by individual business partners;
3. Matters concerning manufacturing cost;
4. Other matters concerning manufacturing processes, sales methods, or technical or managerial information useful to business activities kept confidential by making reasonable efforts, which are likely to cause loss to any user of electronic commerce or disrupt their business where disclosed.
(2) Measures to protect trade secrets under Article 13 (4) of the Act shall be as follows:
1. Enactment and enforcement of trade secret regulations;
2. Indications of trade secrets;
3. Education for employees.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Articles 2-2 and 2-3 Deleted. <by Presidential Decree No. 29034, Jul. 10, 2018>
 Article 2-4 (Creation and Storage of Distribution Information)
(1) "Matters prescribed by Presidential Decree" in Article 18-5 (1) 3 of the Act means any of the following:
1. Names of electronic documents;
2. Date and time electronic documents are inspected;
3. Authorized electronic addresses of senders and addressees;
4. Serial numbers and hash values (referring to a kind of electronic fingerprint, the unique identifiable number of a file; hereinafter the same shall apply) of electronic documents.
(2) A period for storage of distribution information referred to in Article 18-5 (1) of the Act (hereinafter referred to as "distribution information") shall be ten years.
[This Article Newly Inserted by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 2-5 (Issuance of Certificate of Distribution)
(1) An originator, sender, or addressee may file an application for issuance of a certificate of distribution (hereinafter referred to as "certificate of distribution") pursuant to Article 18-5 (2) of the Act with an exclusively responsible agency prescribed in Article 22 (1) of the Act (hereinafter referred to as the "exclusively responsible agency"). <Amended by Presidential Decree No, 26713, Dec. 15, 2015>
(2) Where an exclusively responsible agency issues a certificate of distribution including the following matters pursuant to Article 18-5 (2) of the Act, it shall affix its digital signature under subparagraph 2 of Article 2 of the Digital Signature Act:
1. Name of an electronic document;
2. Personal information and authorized electronic addresses of the sender and addressee;
3. Date and time an electronic document is sent, received, or perused;
4. Hash value of an electronic document;
5. The serial number of a certificate of distribution;
6. The term of validity of a certificate of distribution.
(3) Where the exclusively responsible agency issues a certificate of distribution in written form pursuant to Article 18-5 (2) of the Act, it shall affix its signature and seal to the certificate of distribution.
(4) Where the exclusively responsible agency issues a certificate of distribution pursuant to paragraph (2) or (3), it shall ascertain the identity of an applicant and whether the applicant is eligible to apply for issuance of the certificate of distribution.
[This Article Newly Inserted by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 3 (Pilot Projects)
The head of a central administrative agency (hereinafter referred to as "related central administrative agency") related to a plan for the promotion of electronic documents and transactions (hereinafter referred to as "plan for the promotion of electronic documents and transactions") under Article 20 (1) of the Act may implement the following projects as pilot projects to effectively implement the plan for the promotion of electronic documents and transactions:
1. Experimental projects to promote electronic documents and transactions;
2. Projects for the commercialization of technologies related to electronic documents and transactions;
3. International cooperation projects related to electronic documents and transactions;
4. Other projects to lay the foundation for, and to boost, electronic documents and transactions.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 4 (Formulation and Execution of Plans for Promotion of Electronic Documents and Transactions)
(1) When the head of a related central administrative agency formulates and executes a plan for a field under his/her jurisdiction pursuant to Article 20 (2) of the Act, he/she shall prepare and manage data for the current status of electronic documents and transactions, such as statistics related thereto.
(2) When the Minister of Science and ICT integrates plans for fields of related central administrative agencies pursuant to Article 20 (3) of the Act, where necessary, he/she may request the heads of related central administrative agencies to provide data for the current status of electronic documents and transactions, such as statistics related thereto under paragraph (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Articles 5 and 6 Deleted. <by Presidential Decree No. 22129, Apr. 20, 2010>
 Articles 7 and 8 Deleted. <by Presidential Decree No. 21692, Aug. 18, 2009>
 Articles 9 and 10 Deleted. <by Presidential Decree No. 22129, Apr. 20, 2010>
 Article 11 (Subsidization of Expenses for Standardization of Electronic Documents and Transactions)
When the Minister of Science and ICT subsidizes expenses incurred in standardization of electronic documents and transactions pursuant to the latter part of Article 24 (2) of the Act, he/she shall pay such subsidies in installments: Provided, That when he/she deems it necessary in consideration of the scale, timing of commencement, etc. of a standardization project, he/she may pay such subsidies in lump sum. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No, 26713, Dec. 15, 2015; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 12 (Subsidization of Expenses to Training Institutions for Experts in Electronic Documents and Transactions)
Expenses to be subsidized to training institutions for experts in electronic documents and transactions pursuant to Article 26 (3) of the Act shall be as follows:
1. Expenses incurred in establishing and operating curricula;
2. Expenses incurred in establishing and operating educational facilities and equipment;
3. Expenses incurred in developing and distributing educational materials;
4. Expenses incurred in conducting surveys and research related to electronic documents and transactions.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 13 (Scope of Public Organizations)
Public organizations, etc. specified in Article 27 of the Act shall be:
1. Schools at any level established under the Elementary and Secondary Education Act, the Higher Education Act, or other statutes;
2. Corporations, the paid-in capital of which is contributed by the Government or a local government, excluding public institutions defined in the Act on the Management of Public Institutions;
3. Institutions to which the Government or a local government has contributed funds;
4. Special corporations incorporated pursuant to any special Act for public purposes;
5. Institutions, the aggregate of whose shares in institutions falling under subparagraphs 1 through 4 and shares in public institutions under the Act on the Management of Public Institutions is at least 50 percent.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 14 (Undertaking and Publication of Surveys on Current Status of Electronic Documents and Transactions, Such as Statistics Thereof)
(1) The Minister of Science and ICT shall survey and analyze the current status of electronic documents and transactions, such as statistics thereof under Article 28 of the Act, and publish the results thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Matters necessary for items, methods, and cycle of a survey on the current status of electronic documents and transactions, such as statistics thereof under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15 (Designation as Electronic Commerce Support Center)
(1) Criteria for designation as an electronic commerce support center (hereinafter referred to as "support center") under Article 30 (2) of the Act shall be as follows:
1. The business objectives shall be definite and an implementation plan shall be feasible;
2. A financing plan shall be reasonable;
3. It shall have professional human resources, facilities and equipment necessary to conduct affairs, such as education and training, technical guidance, management consulting, and provision of information related to electronic commerce.
(2) Any entity that intends to be designated as a support center shall submit an application for designation to the Minister of Science and ICT along with documents prescribed by Ordinance of the Science and ICT. The same shall also apply to any alteration to designated matters. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Upon receipt of an application for designation under paragraph (2), the Minister of Science and ICT shall designate an entity meeting the criteria for designation referred to in paragraph (1) as a support center, and issue a certificate of designation as an electronic commerce support center prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) The Minister of Science and ICT may fully or partially subsidize expenses incurred in operating a support center within budgetary limits. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) A support center to which business expenses have been subsidized pursuant to paragraph (4) shall submit the records evidencing business performance and of budget implementation in the relevant year and a business plan for the following year to the Minister of Science and ICT within two months from the date its business closes. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-2 (State Agencies That Can Be Designated as Authorized Electronic Document Center)
"State agency, etc. prescribed by Presidential Decree" in Article 31-2 (2) of the Act means a postal service organization (only applicable to cases where electronic documents are messages, such as letters defined in subparagraph 2 of Article 1-2 of the Postal Service Act) under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Management of Postal Services.
[This Article Newly Inserted by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-3 (Procedures for Designation as Authorized Electronic Document Center)
(1) Any entity that intends to be designated as an authorized electronic document center pursuant to Article 31-2 (3) of the Act shall submit an application for designation as an authorized electronic document center (including an application in electronic form) to the Minister of Science and ICT along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27684, Dec. 27, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Identification certificates, prescribed in Article 15 (2) 2 of the Act on the Registration of Family Relationships, of executives, and employees referred to in Article 15-5 (1), of a corporate entity;
2. Articles of association;
3. A document certifying compliance with the criteria for designation under Article 15-4;
4. A business plan (including a plan for the management and operation of facilities and equipment under Article 15-4 (1) 3).
(2) Upon receipt of an application for designation under paragraph (1), the Minister of Science and ICT shall check the registration certificate of corporation through joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) When the Minister of Science and ICT upon receipt of an application for designation under paragraph (1) deems that the application for designation meets the criteria for designation under Article 15-4 (1), he/she shall designate an applicant as an authorized electronic document center operator and issue a letter stating such designation to the applicant. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where necessary for designation under paragraph (3), the Minister of Science and ICT may request an applicant to submit data or may hear opinions of an applicant and related experts. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Where the Minister of Science and ICT has designated an authorized electronic document center, he/she shall announce the designation thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-4 (Criteria for Designation as Authorized Electronic Document Center)
(1) Criteria for designation as an authorized electronic document center under Article 31-2 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27684, Dec. 27, 2016>
1. Human resources and technical capability: It shall have at least six persons meeting all of the following requirements, who operate facilities and equipment necessary for the storage and certification of electronic documents or other affairs related to electronic documents (hereinafter referred to as "storage, etc. of electronic documents"):
(a) They shall hold a national technical qualification at least equivalent to that of an information and communications engineer, information processing engineer and computer system application engineer or hold qualification prescribed and announced by the Minister of Science and ICT at least equivalent to such national technical qualification;
(b) They shall have at least two years of work experience in the field prescribed and announced by the Minister of Science and ICT for each qualification provided for in item (a);
2. Financial capability: Its capital shall be at least four billion won (in cases of a nonprofit corporation, its endowment or total capital shall be at least one billion won, and in cases of a postal service organization under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Management of Postal Services, value of its state property related to the storage, etc. of electronic documents shall be at least four billion won);
3. Facilities and equipment: It shall be equipped with the following facilities and equipment:
(a) Facilities for the transmission, receipt and storage of electronic documents;
(b) Equipment that records and manages the date and time, and management of electronic documents stored in the authorized electronic document center;
(c) Protective equipment for the safe management of facilities, equipment and information concerning the storage of electronic documents;
(d) Equipment for the issuance of certificates of electronic documents;
(e) Equipment for system management, reproduction, and storage of an authorized electronic document center.
(2) The Minister of Science and ICT shall prescribe and announce specific matters concerning facilities and equipment under paragraph (1) 3. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-5 (Grounds for Disqualification as Authorized Electronic Document Center)
(1) "Employees prescribed by Presidential Decree" in subparagraph 1 of Article 31-3 of the Act other than each item means human resources who directly manage and operate facilities and equipment referred to in Article 15-4 (1) 3.
(2) "Persons prescribed by Presidential Decree" in subparagraph 1 (f) of Article 31-3 of the Act means any of the following executives and employees at the time the cause of the revocation of designation occurs:
1. A chief executive officer;
2. An auditor or a member of the audit committee;
3. An executive or employee who has been sentenced to a penalty or higher punishment due to his/her act causing the revocation of designation.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-6 (Announcement of Suspension of Business and Revocation of Designation of Authorized Electronic Document Center)
When the Minister of Science and ICT fully or partially suspends business of an authorized electronic document center or revokes the designation thereof pursuant to Article 31-5 (1) of the Act, he/she shall announce such suspension or revocation, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-7 (Guidelines for Imposition of Penalty Surcharges)
Guidelines for imposition of penalty surcharges under Article 31-5 (3) of the Act shall be as specified in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-8 (Imposition and Payment of Penalty Surcharges)
(1) Where the Minister of Science and ICT intends to impose a penalty surcharge pursuant to Article 31-5 (2) of the Act, he/she shall give written notice that a person should pay a penalty surcharge, specifying the type of an offense and the amount of the relevant penalty surcharge. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Any person notified pursuant to paragraph (1) shall pay a penalty surcharge to a receiving agency prescribed by the Minister of Science and ICT within 20 days from the date he/she is notified: Provided, That when he/she cannot pay the penalty surcharge during that period due to a natural disaster or other unavoidable reason, he/she shall pay the penalty surcharge within seven days from the date such cause ceases to exist. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) A receiving agency that has received a penalty surcharge pursuant to paragraph (2) shall issue a receipt to a payer.
(4) When a receiving agency has received a penalty surcharge pursuant to paragraph (2), it shall notify the Minister of Science and ICT of the fact without delay. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-9 (Methods of and Procedures for Issuance of Certificates)
(1) An authorized electronic document center may issue a certificate under Article 31-7 (2) of the Act by the following means: <Amended by Presidential Decree No. 29034, Jul. 10, 2018>
1. In electronic form: An authorized electronic signature of the relevant authorized electronic document center shall be affixed under Article 2 (3) of the Digital Signature Act;
2. In written form: The following means:
(a) Where the applicant visits an authorized electronic document center to receive the certificate: It shall indicate the title of the authorized electronic document center and have its seal affixed thereon;
(b) Where the applicant directly prints out the certificate through online access: It shall bear imprints of the title of the authorized electronic document center and its seal.
(2) In issuing a certificate under paragraph (1), an authorized electronic document center shall take measures necessary to prevent forgery or falsification and to verify its authenticity and if the electronic document attached thereto contains multiple pages, the center shall take measures necessary to confirm their sequence. <Amended by Presidential Decree No. 29034, Jul. 10, 2018>
(3) Where an authorized electronic document center issues a certificate pursuant to paragraph (1), it shall confirm the identity of an applicant and whether the applicant is eligible to apply for issuance of the certificate. <Amended by Presidential Decree No. 29034, Jul. 10, 2018>
(4) A certificate issued pursuant to paragraph (1) shall include the following matters: <Amended by Presidential Decree No. 29034, Jul. 10, 2018>
1. Name of an applicant for issuance (in cases of a corporation, referring to its trade name);
2. Birth date of an applicant for issuance (in cases of a corporation, referring to its corporate registration number);
3. The serial number of the certificate;
4. Date of application for issuance of the certificate and the date and time of the issuance thereof;
5. Term of validity of the certificate;
6. Purpose of use of the certificate;
7. Information identifying the authorized electronic document center, such as the name of the authorized electronic document center.
(5) Any of the following persons shall be eligible to apply for issuance under paragraph (3):
1. A person who has outsourced the storage of electronic documents;
2. A person to whom the authority to apply for issuance is delegated by a person who has entrusted the storage of electronic documents;
3. An addressee mentioned in the stored electronic document.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-10 (Measures to Prevent Corruption of or Change to Content)
An authorized electronic document center shall take the following measures so that the content of an electronic document may not be damaged or changed pursuant to Article 31-9 (3) of the Act:
1. Measures to prevent electronic tampering;
2. Protective measures, such as restriction of outsiders' access;
3. Measures against disasters, such as a fire or flood;
4. Other measures to secure the safety of facilities related to the storage of electronic documents.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-11 (Requirements to Maintain Independence in Human and Physical Aspects)
Requirements to maintain independence in human and physical aspects under Article 31-9 (5) of the Act shall be as follows:
1. The number of persons who concurrently hold positions as an executive of an authorized electronic document center and as an executive of a corporation that uses the authorized electronic document center shall not exceed a quarter of the number of executives of the authorized electronic document center;
2. No corporation that uses an authorized electronic document center shall possess or lease facilities or equipment of the authorized electronic document center.
[This Article Newly Inserted by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-12 (Submission of Data and Reporting)
(1) Where the Minister of Science and ICT requests an authorized electronic document center to submit related data or a report pursuant to Article 31-11 (1) of the Act, he/she shall prescribe the following matters and notify the authorized electronic document center thereof: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Deadline for submission of related data or reporting;
2. Details of matters to be submitted or reported.
(2) The scope of matters to be submitted or reported under paragraph (1) shall be as follows:
1. Whether information security under Article 31-12 of the Act is ensured;
2. Whether the duty to protect personal information of users under Article 31-13 of the Act is observed;
3. Whether criteria for designation under Article 15-4 are maintained;
4. Whether measures to prevent damage or change to the details under Article 15-10 are taken;
5. Other matters necessary to secure the safety and reliability of an authorized electronic document center.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-13 (Purchase of Insurance)
(1) An authorized electronic document center shall purchase insurance, the annual limit of liability of which exceeds two billion won, within one month from the date it is designated, and submit a copy of a document verifying the purchase of insurance to the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) An authorized electronic document center shall keep the remainder of the indemnity limit under paragraph (1) at not less than one billion won, and where the remaining limit of compensation is less than one billion won, it shall increase the remaining limit of compensation to at least one billion won within one month from the date such cause arises.
(3) Where insurance an authorized electronic document center has purchased pursuant to paragraph (1) is terminated for reasons, such as the expiry of its term, it shall repurchase insurance before its term expires and submit a copy of a document verifying the purchase of insurance to the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-14 (Requirements for Designation as Authorized Electronic Document Broadcasters)
(1) "State agency, etc. prescribed by Presidential Decree" in Article 31-18 (2) of the Act means a postal service organization (only applicable to where electronic documents are messages, such as letters defined in subparagraph 2 of Article 1-2 of the Postal Service Act) under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Management of Postal Services.
(2) Criteria for designation as an authorized electronic document intermediaries under the main sentence of Article 31-18 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27684, Dec. 27, 2016>
1. Human resources and technical capability: It shall have at least three persons meeting all of the following requirements, who operate facilities and equipment necessary for the transmission, receipt, or relay of electronic documents:
(a) They shall hold a national technical qualification at least equivalent to that of an information and communications engineer, information processing engineer and computer system application engineer or hold a qualification prescribed and announced by the Minister of Science and ICT at least equivalent to such national technical qualification;
(b) They shall have at least two years of work experience in the field prescribed and announced by the Minister of Science and ICT for each qualification provided for in item (a);
2. Facilities and equipment: It shall be equipped with the following facilities and equipment:
(a) Facilities for the transmission, receipt and storage of electronic documents;
(b) Equipment that records and manages the date and time, and management of electronic documents;
(c) Protective equipment for the safe management of facilities, equipment and information;
(d) Equipment for the creation and verification of distribution information;
(e) Equipment for system management, reproduction, and storage.
3. Financial capability: Its capital shall be at least one billion won (in cases of a nonprofit corporation, its endowment or total capital shall be at least 500 million won, and in cases of a postal service organization under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Management of Postal Services, value of its State property related to the storage, etc. of electronic documents shall be at least one billion won).
(3) The Minister of Science and ICT shall prescribe and announce specific matters concerning facilities and equipment under paragraph (2) 2. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 15-15 (Procedures for Designation as Authorized Electronic Document Intermediaries)
(1) Any entity that intends to be designated as an authorized electronic document intermediary pursuant to Article 31-18 (3) of the Act shall submit an application for designation as an authorized electronic document intermediary (including an application in electronic form) prescribed by Ordinance of the Ministry of Science and ICT to the Minister of Science and ICT along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27684, Dec. 27, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Identification certificates, prescribed in Article 15 (2) 2 of the Act on the Registration of Family Relationships, of executives;
2. Articles of association;
3. A document certifying the compliance with requirements for an authorized electronic document intermediary under Article 31-18 (3) of the Act;
4. A business plan (including a plan for the management and operation of facilities and equipment under Article 15-14 (2) 2).
(2) Upon receipt of an application for designation under paragraph (1), the Minister of Science and ICT shall verify the registration certificate of corporation through joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT upon receipt of an application for designation under paragraph (1) deems that an applicant meets requirements for an authorized electronic document intermediary under Article 31-18 (3) of the Act, he/she shall designate an applicant as an authorized electronic document intermediary and issue a letter stating such designation prescribed by Ordinance of the Ministry of Science and ICT to the applicant. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where necessary for designation under paragraph (3), the Minister of Science and ICT may request an applicant to submit data or hear opinions of the applicant and related experts. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 16 (Duties of Chairperson)
(1) The Chairperson (hereinafter referred to as the "Chairperson") of the Electronic Documents and Transactions Dispute Mediation Committee (hereinafter referred to as the "Committee") under Article 32 of the Act shall represent the Committee and preside over its affairs.
(2) Where the Chairperson cannot perform his/her duties due to unavoidable reasons, a member appointed by the Chairperson shall perform his/her duties on his/her behalf.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Articles 17 and 18 Deleted. <by Presidential Decree No. 24076, Aug. 31, 2012>
 Article 19 (Operation of Committee)
(1) Where the Chairperson intends to convene a meeting of the Committee, he/she shall notify each member of the date, time, and venue of the meeting and items to be discussed in writing or in electronic form by not later than five days prior to the holding of the meeting: Provided, That in cases of an emergency or due to an extenuating circumstance, he/she may shorten that period.
(2) The Committee shall hold meetings when a majority of the incumbent members, including the Chairperson, attend meetings, and pass resolutions with the consent of a majority of the members present.
(3) The Committee (including the mediation division under Article 33 (2) of the Act) may have a meeting by means of videoconferencing, for which members, parties to dispute, or witnesses attend the meeting at different places equipped with a device that transmits and receives video and sound at the same time. In such cases, the relevant members, etc. shall be deemed present at the same conference room.
(4) Where the Committee deems it necessary to conduct affairs efficiently, it may establish subcommittees within the Committee.
(5) In addition to matters provided for in paragraphs (1) through (4), the Chairperson shall prescribe detailed matters necessary for the operation of the Committee following resolutions by the Committee.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 20 (Procedures for Dispute Mediation)
(1) Any person who intends to receive a remedy for damage or mediation of a dispute related to electronic documents and transactions shall submit an application for mediation to the Committee, as prescribed by the Committee.
(2) Upon receipt of an application referred to in paragraph (1), the Committee shall notify parties to a dispute of the details thereof without delay and may recommend a pre-mediation settlement.
(3) Where parties to a dispute fail to reach an agreement under paragraph (2), the Chairperson shall designate the mediation division in charge of the dispute and refer an application for mediation under paragraph (1).
(4) Where the mediation division to which an application for mediation has been referred pursuant to paragraph (3) intends to request parties to a dispute or witnesses to attend mediation pursuant to Article 34 (2) of the Act, it shall notify them of grounds for request for attendance, etc. by not later than seven days prior to attendance.
(5) Parties to a dispute or witnesses notified pursuant to paragraph (4) may attend mediation on the designated date and time, and state their opinions, or submit written opinions.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 21 (Expenses for Dispute Mediation)
(1) In cases where the Committee has prescribed that an applicant should pay expenses for mediation, the relevant applicant shall pay such expenses in advance when he/she applies for mediation.
(2) The Committee shall fix the amount of expenses for mediation under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 22 (Budget and Settlement of Accounts)
(1) The Committee shall submit a business plan and draft budget for the following business year to the Minister of Science and ICT and obtain his/her approval by not later than two months prior to the commencement of each business year. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Committee shall prepare a business report and settlement of accounts each business year and submit them to the Minister of Science and ICT within two months after the relevant business year expires. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 22-2 (Delegation of Authority)
The Minister of Science and ICT shall delegate the exclusively responsible agency with the following authority pursuant to Article 39 of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27684, Dec. 27, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. and 2. Deleted; <by Presidential Decree No. 29034, Jul. 10, 2018>
3. Receipt of a report of change under Article 31-8 (4) of the Act;
4. Inspection of the safety of facilities and equipment of an authorized electronic document center under Article 31-10 (1) and (2) of the Act;
5. Receipt of a report of change under Article 31-20 of the Act;
6. Inspection of the safety of facilities and equipment of an authorized electronic document intermediary under Article 31-21 (1) and (2) of the Act;
7. Receipt of a copy of a document verifying the purchase of insurance under Article 15-13 (1) and (3).
[This Article Newly Inserted by Presidential Decree No. 24076, Aug. 31, 2012]
 Article 22-3 (Management of Personally Identifiable Information)
(1) Where unavoidable for performing duties related to registration of certified electronic addresses as prescribed in Article 18-4 of the Act, an exclusively responsible agency may process data containing resident identification numbers, passport numbers, or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017>
(2) The Committee may, if inevitable to conduct the following affairs, manage data containing resident registration numbers prescribed in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 27960, Mar. 27, 2017>
1. Affairs concerning the statement and hearing of opinions of the parties to a dispute and persons for reference for the purpose of dispute mediation under Article 34 (2) of the Act and Article 20 (5) of this Decree;
2. Affairs concerning the preparation of protocols of mediation under Article 35 (1) and (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 22-4 (Re-Examination of Regulation)
The Minister of Science and ICT shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Criteria for designation of authorized electronic document centers under Article 15-4: January 1, 2014;
2. Requirements for designation of authorized electronic document intermediaries under Article 15-14: January 1, 2014.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 23 (Guidelines for Imposition of Administrative Fines)
Guidelines for imposition of administrative fines under Article 46 (1) and (2) of the Act shall be as specified in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 24076, Aug. 31, 2012]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2002.
(2) (Transitional Measures concerning Approval of Business Plans) Notwithstanding the amended provisions of Article 22, the Mediation Committee shall submit a business plan and draft budget for the business year in which this Decree enters into force, to the Minister of Commerce, Industry and Energy by August 31, 2002 and obtain his/her approval.
(3) (Relationship to Other Statutes and Regulations) Where any of the provisions of the previous Enforcement Decree of the Framework Act on Electronic Commerce is cited by any other statute or regulation as at the time this Decree enters into force, if the provisions corresponding thereto exist in this Decree, the relevant provisions of this Decree shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 19118, Nov. 4, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Korea EDIFACT Committee) The Korea EDIFACT Committee under the previous provisions as at the time this Decree enters into force shall be deemed the Korea Electronic Document Standards Committee under the amended provisions of Article 9.
(3) Omitted.
ADDENDUM <Presidential Decree No. 20120, Jun. 28, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDA <Presidential Decree No. 20388, Nov. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2007.
Article 2 (Transitional Measures concerning Purchase of Insurance)
An authorized electronic document depository designated pursuant to Article 31-2 of the Act as at the time this Decree enters into force shall purchase insurance pursuant to the amended provisions of Article 15-11 within one month from the date this Decree enters into force, and submit a copy of a document verifying the purchase of such insurance, to the Minister of Commerce, Industry and Energy.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22129, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Guidelines for Imposition of Penalty Surcharges)
The previous provisions shall apply to guidelines for imposition of penalty surcharges for offenses committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24076, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 2, 2012: Provided, That Article 3 (16) of this Addenda shall enter into force on January 1, 2013.
Article 2 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of attached Table 4, the previous provisions shall apply to offenses committed before this Decree enters into force.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes and Regulations)
Where the previous Enforcement Decree of the Framework Act on Electronic Commerce or any of the provisions thereof is cited by other statutes and regulations as at the time this Decree enters into force, if any provision corresponding thereto exists in this Decree, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 26713, Dec. 15, 2015>
This Decree shall enter into force on December 23, 2015.
ADDENDUM <Presidential Decree No. 27684, Dec. 27, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 29034, Jul. 10, 2018>
This Decree shall enter into force on the date of its promulgation.