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ENFORCEMENT DECREE OF THE SPATIAL DATA INDUSTRY PROMOTION ACT

Presidential Decree No. 21672, Aug. 5, 2009

Amended by Presidential Decree No. 21881, Dec. 14, 2009

Presidential Decree No. 23036, Jul. 19, 2011

Presidential Decree No. 24443, Mar. 23, 2013

Presidential Decree No. 25358, May 22, 2014

Presidential Decree No. 26300, jun. 1, 2015

Presidential Decree No. 27205, May 31, 2016

Presidential Decree No. 27503, Sep. 21, 2016

Presidential Decree No. 28655, Feb. 13, 2018

Presidential Decree No. 29075, Jul. 31, 2018

Presidential Decree No. 30377, Jan. 29, 2020

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Spatial Data Industry Promotion Act and matters necessary for the enforcement thereof.
 Article 1-2 (Scope of Spatial Data Engineer)
“Person ... prescribed by Presidential Decree” in subparagraph 4-2 of Article 2 of the Act means a person specified in attached Table 1. <Amended on Feb. 13, 2018; Jul. 31, 2018>
[This Article Newly Inserted on Jun. 1, 2015]
 Article 2 (Formulation of Plans to Promote Spatial Data Industry)
(1) Where the Minister of Land, Infrastructure and Transport has formulated or modified a master plan on the promotion of the spatial data industry and implementation plan therefor under Article 4 of the Spatial Data Industry Promotion Act (hereinafter referred to as the “Act”), the Minister shall publicly announce the details thereof. <Amended on Mar. 23, 2013>
(2) “Changing any important matter prescribed by Presidential Decree” in the latter part of Article 4 (4) of the Act means extending or shortening the duration of a project relating to the matters prescribed in Article 4 (1) 2 through 9 of the Act by at least two years or increasing or decreasing the total project budget by at least 10/100 of that in the original plan.
 Article 3 (Disclosure of Public Demand Relating to Spatial Data Industry)
(1) The Minister of Land, Infrastructure and Transport may request the heads of related central administrative agencies to provide a project plan on the spatial data industry (including the spatial data convergence industry; hereinafter the same shall apply) for the following year to survey the public demand under Article 5 (2) of the Act. <Amended on Mar. 23, 2013>
(2) Upon receipt of a request to provide a project plan on the spatial data industry under paragraph (1), the heads of the related central administrative agencies shall submit the plan by every December 31.
(3) The Minister of Land, Infrastructure and Transport shall comprehensively analyze the relevant project plans on the spatial data industry received under paragraph (2) and disclose the public demand relating to the spatial data industry by every January 31. <Amended on Mar. 23, 2013>
 Article 3-2 (Statistics on Spatial Data Industry)
(1) The subject matters of the statistics on the spatial data industry under Article 5-2 (1) of the Act (hereinafter referred to as “spatial data industry statistics”) shall be the spatial data industry and spatial data convergence industry.
(2) The Minister of Land, Infrastructure and Transport shall prepare the spatial data industry statistics and conduct a survey therefor on an annual basis, and may do so whenever deemed necessary.
(3) The spatial data industry statistics shall include the following:
1. Current status of the management, human resources, etc. of the businesses in the spatial data industry;
2. Matters regarding formulating policies for promoting the spatial data industry;
3. Matters regarding analysis of the economic ripple effect of spatial data;
4. Other matters deemed by the Minister of Land, Infrastructure and Transport to be necessary for the development of the spatial data industry.
[This Article Newly Inserted on Jun. 1, 2015]
 Article 4 (Provision of Spatial Data)
(1) Article 23 (2) and (3) of the Enforcement Decree of the Framework Act on National Spatial Data Infrastructure shall apply mutatis mutandis to the fees or commissions to be charged to a person who wishes to use spatial data under the main sentence of Article 6 (1) of the Act. <Amended on Jun. 1, 2015; Feb. 13, 2018>
(2) Spatial data shall be provided under the main sentence of Article 6 (1) of the Act by the Minister of Land, Infrastructure and Transport or the heads of related central administrative agencies via the National Spatial Data Center under Article 25 of the Framework Act on National Spatial Data Infrastructure (hereinafter referred to as the “National Spatial Data Center”) or management institution defined in subparagraph 4 of Article 2 of the same Act (excluding management institutions in the private sector; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Jun. 1, 2015>
(3) Deleted. <Jun. 1, 2015>
(4) Where the heads of the related central administrative agencies provide spatial data under paragraph (2), they shall notify the National Spatial Data Center of their performance in the provision of such data on a semi-annual basis.
 Article 5 (Support for Distribution Business Entities)
(1) The Minister of Land, Infrastructure and Transport may provide financial support, in the form of a loan, to a distribution business entity or aspiring distribution business entity under Article 8 (2) of the Act to help such entity cover some of the expenses required to build a new distribution system or to improve the existing one. <Amended on Mar. 23, 2013>
(2) A person who wishes to receive financial support under paragraph (1) shall file with the Minister of Land, Infrastructure and Transport an application prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
(3) Upon receipt of an application for financial support under paragraph (2), the Minister of Land, Infrastructure and Transport shall determine whether to grant financial support and the amount thereof, after examining the following: <Amended on Mar. 23, 2013>
1. Feasibility of a business plan;
2. Level of existing infrastructure for sharing, distribution, etc. of spatial data, etc.;
3. Expertise and suitability of human resources for sharing, distribution, etc. of spatial data, etc.;
4. Appropriateness of the items of expenditure from a loan;
5. Feasibility of a repayment plan for the loan.
(4) Except as provided in paragraphs (1) through (3), the detailed procedures for providing financial support shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
 Article 6 (Protection of Intellectual Property Rights)
The following persons are qualified to be entrusted with the projects to be conducted in accordance with the policies referred to in the subparagraphs of Article 10 (1) of the Act, pursuant to paragraph (2) of the same Article: <Amended on Dec. 14, 2009; Jun. 1, 2015; Sep. 21, 2016>
1. The Spatial Information Industry Promotion Institute under Article 23 of the Act;
2. The Spatial Data Industry Association established under Article 24 (1) of the Act;
3. The Korea Copyright Commission under Article 112 of the Copyright Act or the Korea Copyright Protection Agency under Article 122-2 of the same Act;
4. The Korea Internet & Security Agency under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection;
5. Deleted; <Jun. 1, 2015>
6. The Korea Land and Geospatial Informatix Corporation under Article 12 of the Framework Act on National Spatial Data Infrastructure (hereinafter referred to as the “Korea Land and Geospatial Informatix Corporation”);
7. A cooperative, industrial cooperative, or federation established under Article 8 of the Enforcement Decree of the Small and Medium Enterprise Cooperatives Act (hereinafter referred to as “cooperative, etc.”) which conducts projects for promoting the spatial data industry;
8. A non-profit corporation established under Article 32 of the Civil Act which conducts projects for promoting the spatial data industry.
[Title Amended on Jul. 19, 2011]
 Article 7 (Procedures for Quality Certification)
(1) A person who wishes to obtain quality certification under Article 12 (1) of the Act shall submit an application prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to a certification agency designated by the Minister of Land, Infrastructure and Transport under Article 12 (4) of the Act (hereinafter referred to as “quality certification agency”). <Amended on Mar. 23, 2013>
(2) A quality certification agency shall conduct examination in accordance with the quality certification standards determined and publicly notified by the Minister of Land, Infrastructure and Transport; shall grant quality certification where such standards are deemed satisfied; and shall issue a quality certificate to the applicant. <Amended on Mar. 23, 2013>
(3) Where the quality certification agency finds that the applicant fails to meet the quality certification standards upon examination under paragraph (2), it shall without delay notify the applicant of the specific grounds.
(4) Except as provided in paragraphs (1) through (3), the detailed procedures for granting quality certification shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
 Article 8 (Requirements for Designation as Quality Certification Agency)
(1) A person who wishes to be designated as a quality certification agency shall submit an application prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
(2) The following requirements shall be met to be eligible for designation as a quality certification agency under Article 12 (4) of the Act: <Amended on Mar. 23, 2013>
1. To secure organizations and human resources necessary for quality certification;
2. To have facilities established necessary for quality certification and environment necessary for operating such facilities;
3. To have evaluation items, standards, and procedures formulated for each type of the subject matter of quality certification as determined by the Minister of Land, Infrastructure and Transport.
(3) Where a quality certification agency is designated under Article 12 (4) of the Act, the Minister of Land, Infrastructure and Transport shall publicly announce such fact. <Amended on Mar. 23, 2013>
(4) Except as provided in paragraphs (1) through (3), the detailed requirements for designation as a quality certification agency shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
 Article 9 (Support for Standardization of Spatial Data Industry)
Support for the standardization of the spatial data industry under Article 14 of the Act shall be provided to the following activities:
1. Activities to establish and amend standards for the spatial data industry at home and abroad;
2. Harmonize with standards in other fields relating to the spatial data industry and cooperation therefor;
3. Other activities for standardization necessary to strengthen the competitiveness of the spatial data industry.
 Article 10 (Details of Training of Specialized Human Resources)
Training of specialized human resources under Article 15 (1) of the Act shall be provided as follows:
1. On-line training programs on spatial data;
2. Support for training spatial data engineers and providing re-training opportunities.
 Article 11 (Designation of Institutions for Training Specialized Human Resources)
(1) An institution in charge of training specialized human resources under Article 15 (2) of the Act (hereinafter referred to as “institution for training specialized human resources”) shall be designated from among the following institutions: <Amended on Dec. 14, 2009; Mar. 23, 2013; Jun. 1, 2015; Jan. 29, 2020>
1. Schools with a spatial data-related department or major among the universities and colleges referred to in the subparagraphs of Article 2 of the Higher Education Act;
2. The Spatial Information Industry Promotion Institute established under Article 23 of the Act;
3. The Spatial Data Industry Association established under Article 24 of the Act;
4. The Korea Land and Geospatial Informatix Corporation;
5. Research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
6. Deleted; <Jun. 1, 2015>
7. Other training institutes or organizations relating to spatial data recognized by the Minister of Land, Infrastructure and Transport after consulting with related central administrative agencies.
(2) A person who wishes to be designated as an institution for training specialized human resources shall file with the Minister of Land, Infrastructure and Transport an application prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
(3) A person who wishes to be designated as an institution for training specialized human resources shall meet the following requirements:
1. Appropriateness of training facilities and professional teaching staff;
2. Status of necessary educational equipment;
3. Appropriateness of a plan to use a subsidy;
4. Appropriateness of training programs and curriculum tailored to trainees.
(4) Where an institution for training specialized human resources is designated, the Minister of Land, Infrastructure and Transport shall publicly announce such fact. <Amended on Mar. 23, 2013>
(5) Details and procedures, etc. regarding designation of an institution for training specialized human resources, training, and budgetary assistance under Article 15 (2) of the Act shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jun. 1, 2015>
 Article 12 (Cancellation of Designation of Institutions for Training Specialized Human Resources)
Where an institution for training specialized human resources falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel such designation: <Amended on Mar. 23, 2013>
1. Where the institution ceases to satisfy the requirements for designation as an institution for training specialized human resources provided in the subparagraphs of Article 11 (3);
2. Where the institution applies for cancellation of designation, specifying reasonable grounds therefor;
3. Where a subsidy granted under Article 15 (2) of the Act is used for other than agreed purposes.
 Article 13 (Designation of Facilities for Promotion of Spatial Data Industry)
(1) The following requirements shall be met to be eligible for designation as a facility for promoting the spatial data industry under Article 18 (1) of the Act (hereinafter referred to as “facility for promotion”): <Amended on Jun. 1, 2015>
1. A facility shall have at least five spatial data business entities as tenants;
2. Small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises shall constitute at least 50/100 of the spatial data business entities which have relocated to a facility to be designated as a facility for promotion;
3. The facilities used by spatial data business entities and other supporting facilities shall occupy at least 30/100 of the total building space.
(2) A person who wishes to be designated as a facility for promotion shall file with the Minister of Land, Infrastructure and Transport an application prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
(3) Where a facility for promotion is designated, the Minister of Land, Infrastructure and Transport shall publicly announce such fact. <Amended on Mar. 23, 2013>
(4) Other than the matters prescribed in paragraphs (1) through (3), details regarding designation and management of a facility for promotion shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
 Article 14 (Cancellation of Designation of Facilities for Promotion)
(1) Where a facility for promotion falls short of the designation requirements under Article 13 (1), the Minister of Land, Infrastructure and Transport may request the facility to make supplementation within three months. <Amended on Mar. 23, 2013>
(2) Where a person designated as a facility for promotion refuses to comply with a request for supplementation under paragraph (1) or fails to make supplementation within the specified time period, the Minister of Land, Infrastructure and Transport may cancel its designation under Article 19 of the Act. <Amended on Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport shall hear from the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor before canceling designation of a facility for promotion under paragraph (2); and shall publicly announce such cancellation if cancellation is made. <Amended on Mar. 23, 2013>
 Article 15 (Technology Appraisal Institutions)
“Technology appraisal institution prescribed by Presidential Decree” in Article 21 of the Act means each of the following institutions: <Amended on Mar. 23, 2013; May 22, 2014; May 31, 2016>
1. The Korea Institute for Advancement of Technology established under Article 38 of the Industrial Technology Innovation Promotion Act;
2. The Korea Evaluation Institute of Industrial Technology established under Article 39 of the Industrial Technology Innovation Promotion Act;
3. The Korea Technology Finance Corporation under Article 12 of the Korea Technology Finance Corporation Act;
4. The Korea Advanced Institute of Science and Technology established under the Korea Advanced Institute of Science and Technology Act;
5. A technology appraisal institution under Article 11 of the Construction Technology Promotion Act;
6. A non-profit corporation established under Article 32 of the Civil Act which is deemed by the Minister of Land, Infrastructure and Transport to be capable of evaluating patent rights, utility model rights, or design rights related to spatial data, and any other similar right to technology and the use thereof under Article 21 of the Act.
 Article 16 (Profit-Making Business of the Spatial Information Industry Promotion Institute)
(1) The Spatial Information Industry Promotion Institute under Article 23 (1) of the Act (hereinafter referred to as the “Institute”) may engage in the following profit-making business under paragraph (5) of the same Article:
1. Training and public relations activities to promote the spatial data industry;
2. Business of providing advice on spatial data technology;
3. Business relating to processing and distribution of spatial data.
(2) When the head of the Institute has determined the rates or amount of the fees for the profit-making business under paragraph (1), he or she shall disclose them and details of the calculation thereof.
[This Article Wholly Amended on Jun. 1, 2015]
 Article 16-2 (Operation of the Institute)
The articles of association of the Institute shall include the following:
1. Purpose of association;
2. Name;
3. Location of the principal office;
4. Matters regarding its business and execution thereof;
5. Matters regarding the maximum number of executive officers, their term of office, methods of electing them, dismissal of them, etc.;
6. Matters regarding the board of directors;
7. Matters regarding its finances and accounting.
8. Matters regarding organization and operation thereof;
9. Matters regarding profit-making business.
[This Article Newly Inserted on Jun. 1, 2015]
 Article 16-3 (Matters to Be Stated in Articles of Association)
The articles of association of the Spatial Data Industry Association under Article 24 (1) of the Act (hereinafter referred to as the “Association”) shall include the following under paragraph (12) of the same Article: <Amended on Feb. 13, 2018>
1. Purpose of association;
2. Name;
3. Location of the principal office;
4. Matters regarding its business and execution thereof;
5. Matters regarding qualifications for membership, subscription and un-subscription, and rights and obligations of members;
6. Matters regarding the maximum number of executive officers, their term of office, and methods of electing them;
7. Organization of a general meeting and agenda items for resolution;
8. Matters regarding its board of directors, branches, and chapters;
9. Matters regarding its finances and accounting.
[This Article Newly Inserted on Jun. 1, 2015]
 Article 16-4 (Public Announcement of Authorization to Establish the Association)
Where the Minister of Land, Infrastructure and Transport grants authorization to establish the Association under Article 24 (4) of the Act, the Minister shall publicly announce its major details via the website of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted on Jun. 1, 2015]
 Article 16-3 (Provision of Guidance and Supervision of the Association)
The Minister of Land, Infrastructure and Transport may demand the Association submit materials where deemed necessary for providing guidance and supervision to the Association.
[This Article Newly Inserted on Jun. 1, 2015]
 Article 17 (Consultation regarding Registration of Collective Spatial Data Investment Scheme)
Upon receipt of an application for registration of a collective spatial data investment scheme, the Financial Services Commission shall request the Minister of Land, Infrastructure and Transport to consult regarding such registration within seven days from the date of receipt under Article 25 (2) of the Act. <Amended on Mar. 23, 2013>
 Article 18 (Methods for Asset Management)
“Spatial data business entities prescribed by Presidential Decree” in subparagraph 1 of Article 26 of the Act means spatial data business entities which have equipment, software, services, etc. the quality of which has been certified under Article 12 of the Act as at the time of asset management by the collective spatial data investment scheme under Article 25 (1) of the Act.
 Article 19 (Entrustment of Duties)
(1) The Minister of Land, Infrastructure and Transport may entrust all or some of the following duties to the Institute, the Association, or an institution relating to the spatial data industry designated and publicly notified by the Minister of Land, Infrastructure and Transport under Article 27 (2) of the Act: <Amended on Jul. 19, 2011; Mar. 23, 2013; Jun. 1, 2015; Feb. 13, 2018>
1. Surveying the public demand and information on the spatial data industry under Article 5 of the Act;
1-2. Compiling statistics on the spatial data industry under Article 5-2 of the Act;
2. Supporting distribution business entities and aspiring distribution business entities under Article 8 of the Act;
3. Collecting and analyzing information for supporting the spatial data convergence industry under Article 9 of the Act;
3-2. Operating systems including the spatial data open platform under Article 9 (3) of the Act;
4. Promoting policies for protecting intellectual property rights under Article 10 of the Act;
5. Granting quality certification for equipment, software, services, etc. relating to spatial data and processed spatial data under Article 12 of the Act;
6. Financially supporting persons who conduct projects for developing technology relating to the spatial data industry under Article 13 of the Act;
7. Supporting activities for standardizing the spatial data industry under Article 14 of the Act;
8. Fostering and supporting human resources specialized in the spatial data industry under Article 15 of the Act;
8-2. Conducting projects for supporting business startup under Article 16-2 of the Act;
9. Supporting facilities for promotion of the spatial data industry under Article 18 of the Act;
10. Receiving reports by spatial data business entities; requesting submission of materials to verify the reported-on matters; and receiving such materials under Article 22-2 of the Act;
11. Managing the matters reported on by spatial data engineers; requesting submission of materials to verify the reported-on matters; receiving such materials; and issuing certificates thereon to spatial data engineers under Article 22-3 of the Act.
(2) Where the duties specified in the subparagraphs of paragraph (1) are entrusted, the Minister of Land, Infrastructure and Transport shall give public notice of the trustee and duties to be entrusted, etc. <Newly Inserted on Jun. 1, 2015>
 Article 20 (Processing of Personally Identifiable Information)
(1) The Minister of Land, Infrastructure and Transport (including a person authorized for or entrusted with duties by the Minister under Article 27 of the Act) may process materials containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act where essential for performing duties relating to reporting by spatial data engineers under Article 22-3 of the Act.
(2) The Association may process materials containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act where essential for performing duties relating to guarantees, lending, and mutual aid business under items (a) through (c) of Article 24 (5) 5 of the Act.
[This Article Newly Inserted on Feb. 13, 2018]
 Article 21 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 31 (1) of the Act shall be as prescribed in attached Table 2.
[This Article Newly Inserted on Jul. 31, 2018]
ADDENDUM <Presidential Decree No. 21672, Aug. 5, 2009>
This Decree shall enter into force on August 7, 2009.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
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. 23036, Jul. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25358, May. 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Articles 2 through 13 Omitted.
ADDENDUM <Presidential Decree No. 26300, Jun. 1, 2015>
This Decree shall enter into force on June 4, 2015.
ADDENDA <Presidential Decree No. 27205, May. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27503, Sep. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28655, Feb. 13, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 1-2 and those of the attached Table shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 29075, Jul. 31, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
Administrative fines imposed for any violation committed before this Decree enters into force shall not be included in calculating the number of violations under the amended provisions of attached Table 2.
ADDENDUM <Presidential Decree No. 30377, Jan. 29, 2020>
This Decree shall enter into force on the date of its promulgation.