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ENFORCEMENT DECREE OF THE INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT

Presidential Decree No. 21692, Aug. 18, 2009

Amended by Presidential Decree No. 21835, Nov. 20, 2009

Presidential Decree No. 22273, Jul. 12, 2010

Presidential Decree No. 22424, Oct. 1, 2010

Presidential Decree No. 22871, Apr. 5, 2011

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 24793, Oct. 16, 2013

Presidential Decree No. 25393, jun. 25, 2014

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25942, Dec. 30, 2014

Presidential Decree No. 26712, Dec. 15, 2015

Presidential Decree No. 26728, Dec. 22, 2015

Presidential Decree No. 28210, Jul. 26, 2017

Presidential Decree No. 29101, Aug. 21, 2018

Presidential Decree No. 29677, Apr. 2, 2019

 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Information and Communications Technology Industry Promotion Act and matters necessary for the enforcement thereof.
 Article 2 (Scope of Knowledge Service Industry Relating to Information and Communications)
"Industries related to information and communications and specified by Presidential Decree" in subparagraph 2 (d) of Article 2 of the Information and Communications Technology Industry Promotion Act (hereinafter referred to as the "Act") means the industries in attached Table 1.
 Article 3 (Scope of Information and Communications Industry)
"Industries specified by Presidential Decree" in subparagraph 2 (g) of Article 2 of the Act means industries in the area where information and communications technology is combined or converge with the technology of other manufacturing or service industry.
 Article 4 (Public Announcement of Plans for Promotion of Information and Communications Technology Industry)
(1) Where the Minister of Science and ICT formulates a plan for the promotion of information and communications technology industry under Article 5 (1) of the Act (hereinafter referred to as "promotion plan"), he/she shall publicly announce it. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) In order to formulate and implement a promotion plan and an annual plan under Article 5 (2) of the Act, the Minister of Science and ICT may request the heads of relevant central administrative agencies for necessary cooperation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 5 (Formulation of Implementation Plans for Promotion of Information and Communications Technology)
(1) Unless there is a compelling reason not to do, the Minister of Science and ICT shall, every year, formulate an implementation plan for the promotion of information and communications technology (hereinafter referred to as "implementation plan") for the relevant year by no later than the end of February pursuant to Article 7 (1) of the Act. <Amended by Presidential Decree No. 22871, Apr. 5, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Where the Minister of Science and ICT formulates an implementation plan pursuant to paragraph (1), he/she shall publicly announce it. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) In order to formulate and execute an implementation plan, the Minister of Science and ICT may request the heads of relevant central administrative agencies for cooperation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 6 (Subsidization of Expenses for Vicarious Businesses of Research Institutes and Organizations)
(1) Where the Minister of Science and ICT subsidizes expenses incurred in relation to matters performed vicariously by research institutes and organizations pursuant to Article 7 (2) of the Act (hereinafter referred to as "vicarious business"), he/she shall pay the subsidy in installments: Provided, That where any need arises in consideration of the scale of the vicarious business, timing for commencing the vicarious business, etc., he/she may pay it in a lump sum. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) A person who receives a subsidy under paragraph (1) shall manage it by establishing a separate account and use it for expenses for the relevant vicarious business only.
(3) Where a person who receives a subsidy under paragraph (1) uses it for a purpose other than the purpose of subsidy without justifiable reasons, the Minister of Science and ICT may reclaim the subsidy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Except as provided in paragraphs (1) through (3), detailed matters concerning the subsidy of expenses incurred in relation to vicarious businesses shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 7 (Selection of Research Subjects and Designation of Researchers)
(1) Research subjects the Minister of Science and ICT may select pursuant to Article 8 (1) of the Act are as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters concerning foundational technology relating to information and communications;
2. Matters concerning the research and development of new information and communications technology;
3. Matters concerning the functional improvement of products relating to information and technology (hereinafter referred to as "information and communications product");
4. Other matters necessary for securing information and communications technology.
(2) Where the Minister of Science and ICT designates persons to conduct a study of the research subjects under paragraph (1), he/she shall comply with the following order: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. A person who suggests the relevant research subject;
2. A person who has a track record of successful implementation of research similar to the relevant research subject.
(3) Where the Minister of Science and ICT deems it extraordinarily necessary, he/she may require a person who suggests a research subject similar to the relevant research subject, etc. to join the researcher designated pursuant to Article 8 (1) of the Act and to conduct research jointly. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where the Minister of Science and ICT designates a person to conduct research pursuant to paragraph (2), he/she may subsidize expenses incurred in conducting the research. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Procedures for the subsidization of expenses, methods thereof under paragraph (4), 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>
 Article 8 (Support for Commercialization of New Technology)
(1) Where products are developed by using new technology accredited pursuant to Article 9 (1) of the Act or the new technology is commercialized, the Minister of Science and ICT may provide the following support thereto: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Technical guidance and support in obtaining quality authentication;
2. Support for solving difficulties in technology and management;
3. Support for funds needed for research and development and commercialization;
4. Support for starting business and publicity.
(2) The Minister of Science and ICT may request the heads of relevant administrative agencies and any of the following persons for support listed in the subparagraphs of paragraph (1): <Amended by Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 22424, Oct. 1, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 29677, Apr. 2, 2019>
1. Information Technology Industry Promotion Agency under Article 26 of the Act (hereinafter referred to as the "Industry Promotion Institute");
2. Universities, industrial colleges, junior colleges, or technical colleges under Article 2 of the Higher Education Act;
4. Industrial technology research cooperatives under the Industrial Technology Research Cooperatives Support Act;
5. Korea Institute for the Advancement of Technology, Korea Evaluation Institute of Industrial Technology, Korea Testing Laboratory, and specialized manufacturing technology research institutes under the Industrial Technology Innovation Promotion Act;
6. Facilities-based telecommunications service provider under Article 6 of the Telecommunications Business Act (hereinafter referred to as "facilities-based telecommunications service provider");
7. Korea SMEs and Startups Agency under the Small and Medium Enterprises Promotion Act;
8. Operators of business incubators under the Support for Small and Medium Enterprise Establishment Act;
9. Specific research institutes under the Specific Research Institutes Support Act;
10. Research institutes in the field of industrial technology that are juristic persons and are established under the Civil Act or other statutes;
11. National or public research institutes;
12. Other agencies, organizations, or enterprises that the Minister of Science and ICT deems necessary and publicly notifies.
(3) Where the Minister of Science and ICT provides support under the subparagraphs of paragraph (1), he/she shall publicly announce a support plan, and persons who intend to receive such support shall file an application with the Minister of Science and ICT, 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>
(4) Except as provided in paragraphs (1) through (3), detailed matters necessary for support for the commercialization of new technology, etc. 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>
 Article 9 (Collection and Management of Royalties)
(1) Where the Minister of Science and ICT shall collect royalties from a person under Article 9 (2) of the Act, he/she may permit the person to pay the royalties in installments during a period not exceeding five years, as stipulated in the relevant agreement.
(2) "Cases prescribed by Presidential Decree, such as lump sum payment or payment in advance of royalties" in Article 9 (4) of the Act means any of the following cases:
1. Where a person fully pays royalties in a lump sum within the period determined and publicly notified by the Minister of Science and ICT from the date on which the person is notified of the payment of royalties;
2. Where a person pays royalties in advance according to the guidelines determined and publicly notified by the Minister of Science and ICT before the due date of an installment payment of royalties;
3. Where the Minister of Science and ICT deems it necessary to reduce or exempt royalties on any other ground in order to encourage and facilitate the development of technology.
(3) Except as otherwise provided in paragraphs (1) and (2), further details about the collection and management of royalties shall be determined and publicly notified by the Minister of Science and ICT.
[This Article Wholly Amended by Presidential Decree No. 29101, Aug. 21, 2018]
 Article 10 (Scope of Information Related to Information and Communications Technology to Be Distributed)
Information related to information and communications technology to be distributed pursuant to Article 10 (3) of the Act shall be as follows:
1. Matters concerning the trend in information and communications technology in Korea and abroad;
2. Matters concerning the standardization of information and communications technology;
3. Other matters in need of distribution for the promotion of information and communications technology.
 Article 11 (Designation of Complexes for Promotion of Information and Communications Technology Industry)
(1) A complex entitled to receive support pursuant to Article 18 (1) of the Act shall be a complex, facility, etc. (hereinafter referred to as "complex, etc.") designated and publicly notified by the Minister of Science and ICT as a complex for the promotion of information and communications technology industry (hereafter referred to as "promotion complex" in this Article and Article 12), from among any of the following complexes, etc.: <Amended by Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25942, Dec. 30, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
2. Areas for the collective location of new technology-based businesses under Article 17-2 of the Act on Special Measures for the Promotion of Venture Businesses and integrated facilities of venture businesses under Article 18 of the same Act;
3. National industrial complexes under Article 6 of the Industrial Sites and Development Act, general industrial complexes under Article 7 of the same Act and up-to-date city industrial complexes under Article 7-2 of the same Act;
4. Knowledge industry centers under subparagraph 13 of Article 2 of the Industrial Cluster Development and Factory Establishment Act and areas of knowledge-based industrial cluster zones under Article 22 of the same Act;
5. Software promotion facilities under Article 5 of the Software Industry Promotion Act and software promotion complexes under Article 6 of the same Act;
6. Complexes for cooperative movement projects which obtained approval for execution plans for an industrial complex development project under Article 31 of the Small and Medium Enterprises Promotion Act;
7. Regional development project zones under Articles 7 (1) 2 and 11 of the Regional Development Assistance Act (only applicable to regional comprehensive development areas that are designated and publicly notified under the former Balanced Regional Development and Support for Local Small and Medium Enterprises Act and are construed as regional development project zones under Article 4 (3) of the Addenda to the Regional Development Assistance Act (Act No. 12737)).
(2) Where the Minister of Science and ICT designates a promotion complex pursuant to paragraph (1), he/she shall take the following matters into consideration and consult with the heads of relevant central administrative agencies in advance: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Percentage of the promotion complex occupied by information and communications enterprises under subparagraph 3 of Article 2 of the Act;
2. Possibility of development of information and communications industry in connection with the main industry in the area in which the complex, etc. is located;
3. Ripple effects on the whole of the information and communications industry.
(3) Detailed matters necessary for the designation of promotion complexes in addition to matters prescribed in paragraphs (1) and (2) shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 12 (Support for Promotion Complexes)
(1) The Minister of Science and ICT may subsidize all or part of expenses incurred in implementing the following projects to persons who conduct such projects in a promotion complex: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Installation and operation of industrial infrastructure and joint support facilities for the development of information and communications industry clusters;
2. Research and development of information and communications, such as cooperative research, etc. among industrial circle, academic circle, and research circle and training of information and communications technology personnel;
3. Projects necessary for the development of the information and communications industry and for the facilitation of informatization thereof for the development of an area in which the promotion complex is located.
(2) Detailed matters necessary for the support of the promotion complex in addition to matters prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 12 (Support for Promotion Complexes)
(1) The Minister of Science, ICT and Future Planning may subsidize all or part of expenses incurred in implementing the following projects to persons who conduct such projects in a promotion complex: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Installation and operation of industrial infrastructure and joint support facilities for the development of information and communications industry clusters;
2. Research and development of information and communications, such as cooperative research, etc. among industrial circle, academic circle, and research circle and training of information and communications technology personnel;
3. Projects necessary for the development of the information and communications industry and for the facilitation of informatization thereof for the development of an area in which the promotion complex is located.
(2) Detailed matters necessary for the support of the promotion complex in addition to matters prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 13 (Subject Matters and Contents of Technical Guidance)
(1) Matters eligible to receive technical guidance and the contents of technical guidance under Article 23 (1) of the Act are as follows:
1. Matters concerning the application of technical standards for information and communications products;
2. Matters concerning the adoption, application, and development of new information and communications technology;
3. Matters concerning the efficiency of production technology of information and communications products;
4. Matters concerning the improvement of functions and characteristics of information and communications products;
5. Matters concerning standard production methods applied to the installation and operation of information and communications products;
6. Matters concerning the quality assurance of information and communications products.
(2) The methods of technical guidance are as follows:
1. Supply of technical information;
2. Support for technical training and overseas technical cooperation;
3. Technology transfer.
 Article 14 (Projects of Industry Promotion Institute)
"Business activities specified by Presidential Decree" in subparagraph 14 of Article 27 of the Act means the following:
1. A business activity supporting the development of information and communications technology;
2. A business activity supporting the facilitation of commercialization of the outcomes of development of information and communications technology;
3. A business activity supporting the facilitation of standardization and authentication of information and communications;
4. A business activity supporting the projects of establishing a foundation for the research of information and communications;
5. Deleted; <by Presidential Decree No. 26712, Dec. 15, 2015>
6. Business activities pursuant to the business activities under subparagraphs 1 through 4.
 Article 15 (Profit-Making Projects of Industry Promotion Institute)
(1) Where the Industry Promotion Institute intends to conduct a profit-making project under Article 28 (2) of the Act (hereinafter referred to as "profit-making project"), it shall submit a plan for profit-making projects to the Minister of Science and ICT by no later than one month before it starts the project. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Where the Industry Promotion Institute conducts a profit-making project, it shall submit a written result and the settlement of accounts to the Minister of Science and ICT within three months from the time when the relevant business year ends. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 16 Deleted. <by Presidential Decree No. 26712, Dec. 15, 2015>
 Articles 17 and 18 Deleted. <by Presidential Decree No. 26728, Dec. 22, 2015>
 Article 19 (Standards for Calculation of Charges for Research and Development)
(1) The sales under Article 43 (1) of the Act shall be calculated according to the following classifications: <Amended by Presidential Decree No. 22424, Oct. 1, 2010; Presidential Decree No. 22871, Apr. 5, 2011>
1. A facilities-based telecommunications service provider: An amount obtained by subtracting the amount paid for the use of telecommunications network of another facilities-based telecommunications service provider from the sales generated from the facilities-based telecommunications service provider under Article 5 (2) of the Telecommunications Business Act;
2. A special category telecommunications business operator under Article 21 of the Telecommunications Business Act: Sales generated from the special category telecommunications business under Article 5 (3) of the same Act.
(2) The charges for research and development under Article 43 (1) of the Act (hereinafter referred to as "charges") shall be calculated and imposed according to the classifications in attached Table 2.
(3) Where the Minister of Science and ICT imposes charges pursuant to Article 43 (1) of the Act, he/she shall, every year, clarify, in writing, the amount of charges calculated pursuant to paragraph (2), a deadline for payment, etc. and shall order persons from whom charges are to be collected to deposit charges in an account opened, pursuant to Article 23, with the Bank of Korea. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) A person on whom charges are imposed pursuant to paragraph (3) may raise an objection to the Minister of Science and ICT within 60 days from the date he/she receives payment notification. <Newly Inserted by Presidential Decree No. 22871, Apr. 5, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) If the Minister of Science and ICT receives an objection under paragraph (4), he/she shall notify the person who raises the objection of the outcomes of handling the objection within 30 days. <Newly Inserted by Presidential Decree No. 22871, Apr. 5, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(6) Detailed matters necessary for the calculation and imposition of charges shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 22871, Apr. 5, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 20 (Reduction of Charges)
The Minister of Science and ICT shall exempt, from charges, a telecommunications business operator, whose sales (referring to sales calculated pursuant to Article 19 (1)) for the previous year are below 30 billion won or who reports net loss for the term, from among persons from whom charges are to be collected pursuant to Article 43 (3) of the Act; as for a telecommunications business operator whose charges calculated pursuant to Article 19 (2) exceed 70/100 of a net profit for the pertinent term, the Minister of Science and ICT shall reduce charges by such excess amount. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 21 (Additional Charges)
(1) The additional charges under the latter part of Article 43 (4) of the Act shall be an amount equivalent to 3/100 of the charges in arrears: Provided, That where payment is made within one week after a deadline for payment passes, additional charges shall be an amount equivalent to 1/100 of the charges in arrears. <Amended by Presidential Decree No. 22871, Apr. 5, 2011>
(2) Where charges in arrears are not paid by the payment deadline, an amount equivalent to 12/1,000 of the charges in arrears (hereafter referred to as "increased additional charges" in this paragraph) shall be added to the additional charges in paragraph (1) every one month from the date when a payment deadline passes. In such cases, the period during which increased additional charges are collected after adding them to additional charges shall not exceed 60 months.
 Article 22 (Entrustment of Affairs concerning Operation and Management of Fund)
(1) Pursuant to Article 45 (2) of the Act, the Minister of Science and ICT shall entrust part of his/her affairs concerning the operation and management of the Fund for Promotion of Information and Communications under Article 41 of the Act (hereinafter referred to as the "Fund"), to the Korea Communications Agency established under Article 66 (1) of the Radio Waves Act (hereinafter referred to as the "Korea Communications Agency"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26712, Dec. 15, 2015; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Expenses incurred in handling the affairs of operation and management of the Fund entrusted to the Korea Communications Agency pursuant to paragraph (1), shall be borne by the Fund. <Amended by Presidential Decree No. 26712, Dec. 15, 2015>
(3) The Minister of Science and ICT may operate the Fund as loans through financial institutions under the Banking Act or other statutes. In such cases, matters necessary for loans, such as loan interest rates, etc., shall be determined after consultations with the Minister of Economy and Finance. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 23 (Establishment of Fund Account)
The Minister of Science and ICT shall open a fund account with the Bank of Korea in order to clarify the receipt and disbursement of the Fund. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 24 (Accounting Organs of Fund)
(1) The Minister of Science and ICT shall appoint a fund revenue collection official, fund treasurer, fund disbursement official, official in charge of accounts, from among the public officials of the Ministry of Science and ICT to perform duties concerning the receipt and disbursement of the Fund. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Where the Minister of Science and ICT entrusts the affairs concerning the operation and management of the Fund pursuant to Article 22 (1), he/she may appoint an executive officer in charge of fund revenues and an executive in charge of causative acts of expenditure, from among the executive officers of the entrusted agency, and may appoint a fund expenditure employee and an employee in charge of fund accounts, from among the employees thereof. In such cases, the executive officer in charge of fund revenues, executive officer in charge of causative acts of expenditure, fund expenditure employee, and employee in charge of fund accounts shall perform the duties of the fund revenue collection official, fund treasurer, fund disbursement official, official in charge of accounts, respectively. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 25 (Rules for Operation and Management of Fund)
(1) The Minister of Science and ICT shall prepare rules for the operation and management of the Fund stipulating detailed matters concerning the operation and management of the Fund and publicly notify such rules in the official gazette. The same shall also apply to the modification of the rules for the operation and management of the Fund. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may separately determine the selection, evaluation, etc. of businesses that make contributions to the Fund. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 26 (Fund Operations Committee)
A fund operations committee (hereinafter referred to as the "operations committee") shall be established under the control of the Ministry of Science and ICT pursuant to Article 74 of the National Finance Act in order to deliberate on important matters concerning the operation and management of the Fund. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 27 (Functions of Operations Committee)
The operations committee shall deliberate on the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Formulation of a draft plan for the operation of the Fund and draft modification of the plan for the operation of the Fund;
2. Preparation of a report on closing accounts of the Fund;
3. Plan for medium- to long-term operation of the Fund;
4. Formulation and modification of asset operation guidelines under Article 79 of the State Finance Act;
5. Other matters deemed related to the operation and management of the Fund by the Minister of Science and ICT, which are submitted to a meeting of the committee.
 Article 28 (Organization of the Operations Committee)
(1) The operations committee shall have not exceeding 10 members including a chairperson.
(2) The Second Vice Minister of Science and ICT shall become the chairperson of the operations committee (hereinafter referred to as the "chairperson") and the following persons shall become its members: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24793, Oct. 16, 2013; Presidential Decree No. 26712, Dec. 15, 2015; Presidential Decree No. 28210, Jul. 26, 2017>
1. A person designated by the Minister of Science and ICT, from among grade III public officials of the Ministry of Science and ICT, or members of the Senior Executive Service in the general service;
2. Deleted; <by Presidential Decree No. 22871, Apr. 5, 2011>
3. The president of the Korea Communications Agency;
4. A person recommended by the Minister of Trade, Industry and Energy, from among persons with abundant knowledge and experience in the operation and management of the Fund and fund projects;
5. A person commissioned by the Minister of Science and ICT from among persons with abundant knowledge and experience in the operation and management of the Fund and fund projects.
 Article 29 (Term of Office of Members)
(1) The term of office of the members falling under Article 28 (2) 4 and 5 shall be two years, who shall be eligible to serve only two consecutive terms.
(2) The term of office of a member newly commissioned due to the resignation, etc. of another member shall be the remaining period of his/her predecessor.
 Article 30 (Duties of Chairperson)
(1) The chairperson shall represent the operations committee and exercise overall control over the operations committee.
(2) Where the chairperson is unable to perform his/her duties due to inevitable reasons, a member designated by the chairperson in advance shall perform such duties on his/her behalf.
 Article 31 (Meetings)
(1) The chairperson shall convoke a meeting of the operations committee, and chair the meeting.
(2) The meeting of the operations committee shall begin with the attendance of a majority of all the incumbent members and the resolution of a meeting shall require the consent of a majority of those present.
 Article 32 (Executive Secretary)
(1) The operations committee shall have an executive secretary to handle the affairs of the operations committee.
(2) The executive secretary shall be designated by the Minister of Science and ICT, from among public officials of grade III or IV in charge of the operation and management of the Fund, who are affiliated with the Ministry of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 33 (Allowances for Members)
Allowances and travel expenses may be paid to the members, etc. of the operations committee within budgetary limits: Provided, That this shall not apply to a public official who attends a meeting of the operations committee with direct regard to his/her duties.
 Article 34 (Detailed Rules for Operation)
Matters necessary for the operation of the operations committee in addition to the matters prescribed by this Decree shall be determined by the chairperson upon resolution at the operations committee.
 Article 35 (Delegation or Entrustment of Authority)
(1) Deleted. <by Presidential Decree No. 24442, Mar. 23, 2013>
(2) The Minister of Science and ICT shall entrust the Industry Promotion Institute with the following duties: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Management of statistics on the information and communications industry prepared pursuant to Article 6 of the Act;
2. Support for the promotion of international cooperation for the information and communications industry pursuant to Article 17 (2) and (3) of the Act;
3. Supply of various kinds of knowledge and information on the information and communications industry pursuant to Article 24 of the Act.
 Article 35-2 Deleted. <by Presidential Decree No. 26728, Dec. 22, 2015>
 Article 36 (Standards for Imposition of Administrative Fines)
The standards for imposition of administrative fines under Article 52 (2) of the Act shall be as specified in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 26712, Dec. 15, 2015]
 Article 37 (Re-Examination of Regulation)
The Minister of Science and ICT shall examine whether the standards for calculation of charges, reduction, additional charges, etc. under Articles 19 through 21 are appropriate by not later than December 31, 2012, and take measures of repeal, alleviation, maintenance, etc. of the standards. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Article 2 (Transitional Measures concerning Selection of Research Subjects)
The research subjects selected pursuant to Article 4 of the previous Enforcement Decree of the Framework Act on Telecommunications at the time this Decree enters into force shall be deemed research subjects selected pursuant to Article 7 (1).
Article 3 (Transitional Measures concerning Designation of Researchers)
The researcher designated pursuant to Article 5 of the previous Enforcement Decree of the Framework Act on Telecommunications at the time this Decree enters into force shall be deemed a researcher designated pursuant to Article 7 (2).
Article 4 (Transitional Measures concerning Designation of Complexes for Promotion of Information and Communications Industry)
A complex for the promotion of the information and communications technology industry designated pursuant to Article 18-2 of the previous Enforcement Decree of the Framework Act on Informatization Promotion at the time this Decree enters into force shall be deemed a complex for the promotion of the information and communications technology industry designated pursuant to Article 11.
Article 5 Omitted.
Article 6 (Relations to Other Statutes or Regulations)
A citation of the former Enforcement Decree of the Framework Act on Informatization Promotion, Enforcement Decree of the Framework Act on Telecommunications, Enforcement Decree of the Act on the Protection of Information and Communications Infrastructure, Enforcement Decree of the Act on Promotion of Information and Communications Network Utilization and Information Protection, or any provision thereof by any other statutes at the time this Act enters into force shall be deemed to be a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such corresponding provision exists herein.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22273, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 13, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 22871, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Additional Charges)
The amended provisions of Article 21 shall begin to apply to charges falling into arrears for the first time after this Decree enters into force.
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. 24793, Oct. 16, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25942, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 26712, Dec. 15, 2015>
This Decree shall enter into force on December 23, 2015: Provided, That the amended provisions of subparagraph 5 of Article 14 and Articles 22 (1) and (2) and 28 (2) 3 shall enter into force on January 1, 2016.
ADDENDUM <Presidential Decree No. 26728, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 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. 29101, Aug. 21, 2018>
This Decree shall enter into force on August 22, 2018.
ADDENDA <Presidential Decree No. 29677, Apr. 2, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.