CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters relating to the efficient construction of the national spatial data system and the integrated utilization and management thereof, thereby contributing to the development of the national economy through the rational use of the national territory and natural resources.
The terms used in this Act are defined as follows: <Amended on Dec. 18, 2012; Mar. 23, 2013; Jun. 3, 2014>
| 1. | The term "spatial data" means the locational data of natural or artificial objects existing in space, including the space above ground, space under ground, space above water and space underwater, and the data necessary for spatial identification and decision-making related thereto; |
| 2. | The term "spatial database" means an aggregate of spatial data that is systematically organized and developed for the purpose of search and practical application by users; |
| 3. | The term "spatial data system" means a framework of computer hardware, software, databases and human resources that are interactively connected with one another to collect, store, process, analyze and express spatial data in an efficient way; |
| 4. | The term "management institution" means a central administrative agency, local government, or public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution") that produces or manages spatial data, or similar private organizations determined by Presidential Decree; |
| 5. | The term "national spatial data system" means a spatial data system constructed and managed by a management institution; |
| 6. | The term "National Geospatial Program" means a spatial data system that the Minister of Land, Infrastructure and Transport constructs and operates by integrating or coordinating the national spatial data system, based on the fundamental spatial databases under Article 19 (3); |
| 7. | The term "registration number of spatial object" means a unique identification number assigned to natural or artificial objects for the purpose of efficiently managing and utilizing spatial data. |
| Article 3 (Facilitation of Access and Use of Spatial Data with Citizens) |
| (1) | The State and local governments shall endeavor to promote the welfare of citizens by facilitating easy access and use of spatial data with citizens through the systematic production, management, and disclosure of spatial data. |
| (2) | Every citizen shall have the right, in accordance with appropriate procedures, to use spatial data produced by management institutions, unless the disclosure and use of such spatial data are restricted under other statutes. |
| Article 3-2 (Basic Principles of Acquiring and Managing Spatial Data) |
In any of the following cases, spatial data of national land by space and region shall be included in a balanced way in order to effectively build and comprehensively utilize the national spatial data system: <Amended on Jun. 3, 2014>
| 1. | Where establishing a basic plan for the national spatial data policy or a basic plan for the national spatial data policy by agency, under Article 6; |
| 2. | Where establishing an implementation plan for the national spatial data policy or an implementation plan for the national spatial policy by agency, under Article 7; |
| 3. | Where acquiring and managing fundamental spatial data under Article 19; |
| 4. | Where constructing the National Geospatial Program in accordance with Article 24. |
[This Article Newly Inserted on May 22, 2013]
| Article 4 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, the provisions of this Act shall apply to the production, management, use, distribution, etc. of spatial data.
CHAPTER II SYSTEM TO PROMOTE NATIONAL SPATIAL DATA POLICY
| Article 5 (The National Spatial Data Committee) |
| (1) | The National Spatial Data Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of Land, Infrastructure and Transport to deliberate on and coordinate matters relating to the national spatial data policy. <Amended on Mar. 23, 2013> |
| (2) | The Committee shall deliberate on the following matters: <Amended on Jun. 9, 2020> |
| 1. | Formulation of, and alterations to, a basic plan for the national spatial data policy under Article 6 and assessment of the compliance status thereof; |
| 2. | Formulation of, and alterations to, an action plan for national spatial data policy under Article 7 (including an action plan for the national spatial data policy for the agency concerned under Article 7) and assessment of the compliance status thereof; |
| 3. | Matters relating to the distribution and protection of spatial data; |
| 4. | Matters relating to the prevention of redundant investment in the national spatial data system and investment efficiency; |
| 5. | Matters relating to the coordination of major policies for the construction, management and utilization of the national spatial data system; |
| 6. | Other matters relating to the national spatial data policy and the national spatial data system presented by the chairperson for consideration. |
| (3) | The Committee shall be comprised of not more than 30 members including the chairperson. |
| (4) | The Minister of Land, Infrastructure and Transport shall serve as the chairperson and the following persons shall serve as members: <Amended on Dec. 18, 2012; Mar. 23, 2013> |
| 1. | A public official on a vice-ministerial grade of a central administrative agency managing the national spatial data system, who is determined by Presidential Decree; |
| 2. | No less than seven heads of local governments (Deputy Mayors or Deputy Governors in the case of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos and Special Self-Governing Provinces) commissioned by the chairperson; |
| 3. | No less than seven civil experts with extensive professional knowledge and experience in a spatial data system, who are commissioned by the chairperson. |
| (5) | The term of office of members under paragraph (4) 2 and 3 shall be two years: Provided, That the term of office of newly commissioned members as a result of the resignation of other members or other circumstances shall be the remaining term of office of their predecessors. |
| (6) | The Committee may establish an expert committee to examine matters on deliberation under paragraph (2) in a professional manner. <Amended on Jun. 3, 2014> |
| (7) | Other necessary matters relating to the composition, operation, etc. of the Committee and an expert committee shall be prescribed by Presidential Decree. <Amended on Jun. 3, 2014> |
| Article 6 (Formulation of Basic Plans for National Spatial Data Policy) |
| (1) | The Government shall formulate and implement a basic plan for the national spatial data policy (hereinafter referred to as "basic plan") every five years in order to facilitate the construction and utilization of the national spatial data system. |
| (2) | A basic plan shall include the following matters: <Amended on Jun. 3, 2014> |
| 1. | The basic policy direction for facilitating the construction of the national spatial data system and utilization of spatial data; |
| 2. | Acquisition and management of fundamental spatial data under Article 19; |
| 3. | Research and development of the national spatial data system; |
| 4. | Fostering of professional manpower related to spatial data; |
| 5. | The utilization of the national spatial data system and distribution of spatial data; |
| 6. | A plan to procure investments and financial resources to facilitate the construction, management and distribution of the national spatial data system; |
| 7. | Research and dissemination of national standards for the national spatial data system and management of technical standards; |
| 9. | Other matters relating to the national spatial data policy. |
| (3) | The head of a relevant central administrative agency shall prepare a basic plan for the national spatial data policy for the agency concerned (hereinafter referred to as "basic agency plan") that concerns the affairs under his or her authority, from among the matters referred to in each subparagraph of paragraph (2) and shall submit it to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall formulate a basic plan by combining the basic agency plans submitted by the heads of the relevant central administrative agencies pursuant to paragraph (3) and shall confirm such plan after deliberation by the Committee. <Amended on May 22, 2009; Mar. 23, 2013; Mar. 23, 2013> |
| (5) | The provisions of paragraph (4) shall apply mutatis mutandis to the procedures for alteration to the basic plan confirmed under paragraph (4): Provided, That the same shall not apply to minor alterations determined by Presidential Decree. |
| Article 7 (Action Plan for National Spatial Data Policy) |
| (1) | The head of a relevant central administrative agency, the Special Metropolitan City Mayor, any Metropolitan City Mayor, any Special Self-Governing City Mayor, any Do Governor and the Governor of any Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") shall annually formulate, in accordance with a basic plan, an action plan for the national spatial data policy for the agency concerned (hereinafter referred to as "agency action plan") that is related to the affairs under their respective authority. <Amended on Dec. 18, 2012> |
| (2) | The head of a relevant central administrative agency and the Mayor/Do Governor shall submit an agency action plan formulated pursuant to paragraph (1) to the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree, and the Minister of Land, Infrastructure and Transport shall formulate an annual action plan for the national spatial data policy (hereinafter referred to as "action plan") by integrating the submitted agency action plans, which shall be confirmed after deliberation by the Committee. <Amended on Mar. 23, 2013> |
| (3) | The provisions of paragraph (2) shall apply mutatis mutandis to alterations to an action plan confirmed under paragraph (2): Provided, That the same shall not apply to minor alterations determined by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport, the head of a relevant central administrative agency, and the Mayor/Do Governor shall implement an action plan and agency action plan confirmed or altered pursuant to paragraph (2) or (3), respectively, and shall assess the compliance status thereof. <Amended on Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport may, after deliberation by the Committee, present his or her opinion on the budget needed for the implementation of an action plan or agency action plan to the Minister of Strategy and Finance. <Amended on Mar. 23, 2013> |
| (6) | Matters necessary for the formulation and implementation of an action plan or agency action plan, assessment of the compliance status thereof, and presentation of opinions by the Minister of Land, Infrastructure and Transport under paragraph (5) shall be determined by Presidential Decree. <Amended on Mar. 23, 2013> |
| Article 8 (Consultation with Management Institutions) |
| (1) | The head of a relevant central administrative agency or the Mayor/Do Governor who intends to formulate or alter an agency action plan shall consult with related management institutions. In such cases, the head of the relevant central administrative agency or the Mayor/Do Governor may make a request to the head of a related management institution for consultation on the matters concerned. |
| (2) | The head of a management institution who receives a request for consultation pursuant to paragraph (1) shall present his or her opinion to the head of the requesting central administrative agency or the Mayor/Do Governor within 30 days, unless there is a compelling reason not to do so. |
| Article 9 (Research and Development) |
| (1) | The head of a relevant central administrative agency may conduct the following affairs to efficiently facilitate the research and development activities related to technologies needed for the establishment and utilization of a spatial data system: |
| 1. | Research and development, assessment, transfer and dissemination of technologies related to the establishment, management and utilization of a spatial data system, distribution of spatial data, etc.; |
| 2. | Joint research and development with industrial or academic circles; |
| 3. | Fostering and education of professional manpower; |
| 4. | International cooperation and exchange of technologies. |
| (2) | The head of a relevant central administrative agency may entrust the affairs referred to in the subparagraphs of paragraph (1) to institutions, organizations, or corporations related to spatial information prescribed by Presidential Decree. <Amended on Dec. 18, 2012> |
| Article 10 (Support from the Government) |
The Government may provide necessary support, such as contributions and subsidies, to those who conduct affairs falling under any of the following in order to facilitate the efficient establishment and utilization of the national spatial data system: <Amended on Jun. 3, 2014>
| 1. | Research and development of technologies related to a spatial data system; |
| 2. | Fostering of professional manpower related to a spatial data system; |
| 3. | Support for professional knowledge and technology related to a spatial data system; |
| 4. | Construction and management of spatial databases; |
| 5. | Distribution of spatial data; |
| 6. | Preparation of a spatial data catalogue pursuant to Article 30. |
| Article 11 (Annual Report on National Spatial Data Policy) |
| (1) | The Government shall prepare a report on the major measures taken under the national spatial data policy (hereinafter referred to as "annual report") and submit it to the National Assembly before the opening of its regular session each year. |
| (2) | An annual report shall include the following: |
| 1. | The basic plan and action plan; |
| 2. | Measures that have been taken or measures that are intended to be taken on the establishment and utilization of the national spatial data system; |
| 3. | The current state of the promotion of the national spatial data policy, such as the establishment of the national spatial data system; |
| 4. | The current state of standards and technical standards for spatial data; |
| 6. | Other important matters relating to the national spatial data policy. |
| (3) | The Minister of Land, Infrastructure and Transport may request the submission of materials necessary for the preparation of the annual report, etc., from the head of a central administrative agency or the head of a local government. In such cases, the head of a central administrative agency or the head of a local government shall, upon receipt of such request, comply with it unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (4) | Other matters necessary for the procedures for, and methods, etc. of, preparing the annual report shall be determined by Presidential Decree. |
CHAPTER III KOREA NATIONAL LAND INFORMATION CORPORATION
| Article 12 (Establishment of Korea National Land Information Corporation) |
| (1) | The Korea National Land Information Corporation (hereinafter in this Chapter referred to as the "Corporation") shall be established to support the building of spatial information systems, conduct research on spatial information and cadastral systems, technical development, cadastral surveys, etc. |
| (2) | The Corporation shall be a juridical person. |
| (3) | The Corporation shall be formed by registering its incorporation at seat of its principal office. |
| (4) | Matters necessary to register the incorporation of the Corporation shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 3, 2014]
[Previous Article 12 moved to Article 19 <Jun. 3, 2014>]
| Article 13 (Articles of Incorporation of Corporation) |
| (1) | The articles of incorporation of the Corporation shall include the following: |
| 3. | Location of the principal office; |
| 4. | Matters relating to organization and departments; |
| 5. | Matters relating to affairs and the conduct thereof; |
| 6. | Matters relating to the board of directors; |
| 7. | Matters relating to executive officers and employees; |
| 8. | Matters relating to assets and accounting; |
| 9. | Matters relating to amendments to the articles of incorporation; |
| 10. | Matters relating to the methods of official announcements; |
| 11. | Matters relating to the enactment, amendment and repeal of regulations; |
12 Matters relating to the dissolution.
| (2) | Where the Corporation intends to amend its articles of incorporation, it shall obtain approval from the Minister of land, Infrastructure and Transport. |
[This Article Newly Inserted on Jun. 3, 2014]
[Previous Article 13 moved to Article 20 <Jun. 3, 2014>]
| Article 14 (Projects of Corporation) |
The Corporation shall perform the following projects:
| 1. | Projects prescribed by Presidential Decree, relating to support for the establishment of a spatial information system excluding the following: |
| (a) | Projects falling within the range of surveying (excluding cadastral surveying) under the Act on Construction and Management of Spatial Data; |
| 2. | Research on spatial information and cadastral systems, technical development, standardization, and educational projects; |
| 3. | Introduction of foreign technology relating to spatial information and cadastral systems, international interchange and cooperation, and overseas expansion projects; |
| 4. | Cadastral surveys conducted on any of the reasons under Article 23 (1) 1, 3 through 5 of the Act on Construction and Management of Spatial Data; |
| 6. | Projects the Corporation may conduct pursuant to other statutes; |
| 7. | Other projects prescribed by the articles of incorporation, which are necessary to achieve the objectives of the establishment of the Corporation. |
[This Article Newly Inserted on Jun. 3, 2014]
[Previous Article 14 moved to Article 21 <Jun. 3, 2014>]
| Article 15 (Executive Officers of Corporation) |
| (1) | The Corporation shall have not more than 11 directors, including one president and one vice president, and one auditor as executive officers, and directors are classified as executive directors and non-executive directors, as prescribed by the articles of incorporation. |
| (2) | The president shall represent the Corporation and preside over its affairs. |
| (3) | The auditor shall audit the accounts and inspect affairs of the Corporation. |
[This Article Newly Inserted on Jun. 3, 2014]
[Previous Article 15 moved to Article 22 <Jun. 3, 2014>]
| Article 16 (Supervision over Corporation) |
| (1) | The Minister of Land, Infrastructure and Transport shall instruct and supervise the following matters among the projects of the Corporation: |
| 1. | Matters relating to business performance and settlement of accounts; |
| 2. | Matters relating to the appropriate performance of projects under Article 14; |
| 3. | Other matters prescribed by relevant statutes or regulations. |
| (2) | Where any illegality or impropriety is discovered in the course of supervision under paragraph (1), the Minister of Land, Infrastructure and Transport may require the Corporation to rectify the same or take necessary measures. |
[This Article Newly Inserted on Jun. 3, 2014]
[Previous Article 16 moved to Article 23 <Jun. 21, 2016>]
| Article 17 (Prohibition of Use of Similar Names) |
No person, other than the Corporation, shall use the name of the Korea National Land Information Corporation or similar.
[This Article Newly Inserted on Jun. 3, 2014]
[Previous Article 17 moved to Article 24 <Jun. 3, 2014>]
| Article 18 (Application Mutatis Mutandis of Other Statutes) |
[This Article Newly Inserted on Jun. 3, 2014]
[Previous Article 18 moved to Article 25 <Jun. 3, 2014>]
CHAPTER IV CREATION OF NATIONAL SPATIAL DATA INFRASTRUCTURE
| Article 19 (Acquisition and Management of Fundamental Spatial Data) |
| (1) | The Minister of Land, Infrastructure and Transport shall designate the configuration of the ground, coastline, administrative boundaries, road or railroad boundaries, river boundaries, land registration, spatial data of artificial structures, including buildings, and other major spatial data prescribed by Presidential Decree as fundamental spatial data, and publicly announce such data in the Official Gazette after consultation with the heads of relevant central administrative agencies. <Amended on Mar. 23, 2013> |
| (2) | The heads of relevant central administrative agencies shall construct and manage databases of fundamental spatial data designated and publicly announced pursuant to paragraph (1) (hereinafter referred to as "fundamental spatial data"), as prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport shall integrate databases that management institutions build and manage pursuant to paragraph (2) (hereinafter referred to as "fundamental spatial databases") and manage such databases as a single database. <Amended on Mar. 23, 2013> |
| (4) | The criteria and procedures for designation of fundamental spatial data, construction and management of fundamental spatial databases, integrated management of fundamental spatial databases, and other necessary matters shall be prescribed by Presidential Decree. |
[Moved from Article 12; previous Article 19 moved to Article 26 <Jun. 3, 2014>]
| Article 20 (Allocation of Registration Numbers to Spatial Objects) |
| (1) | The Minister of Land, Infrastructure and Transport may allocate registration numbers to major spatial objects, such as buildings, roads, rivers and bridges, and announce such numbers for the efficient construction, management and utilization of spatial databases. <Amended on Dec. 18, 2012; Mar. 23, 2013> |
| (2) | The head of a management institution shall construct a spatial database in accordance with the registration numbers allocated to spatial objects pursuant to paragraph (1). <Amended on Dec. 18, 2012> |
| (3) | Where necessary to efficiently manage and utilize spatial data, the Minister of Land, Infrastructure and Transport may construct a spatial database under paragraph (2) jointly with the heads of management institutions. <Newly Inserted on Mar. 23, 2013> |
| (4) | Methods of allocating registration numbers to spatial objects, and spatial objects subject to the allocation thereof, maintenance, and management of such registration numbers, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 18, 2012; Mar. 23, 2013> |
[Title Amended on Dec. 18, 2012]
[Moved from Article 13; previous Article 20 moved to Article 27 <Jun.. 3, 2014>]
| Article 21 (Standardization of Spatial Data) |
| (2) | The head of a management institution may present his or her opinion on standards related to spatial data to the Minister of Trade, Industry and Energy to facilitate the sharing and shared use of spatial data. <Amended on Mar. 23, 2013> |
| (3) | The head of a management institution may establish technical standards related to the construction, management, and utilization of spatial data and the distribution of spatial data, as prescribed by Presidential Decree. |
| (4) | Where the head of a management institution intends to present his or her opinion on standards related to spatial data or to establish technical standards, he or she shall have a prior consultation with the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[Moved from Article 14; previous Article 21 moved to Article 28 <Jun. 3, 2014>]
| Article 22 (Research on and Dissemination of Standards) |
The Minister of Land, Infrastructure and Transport may take the following measures to facilitate research on and dissemination of standards related to spatial data: <Amended on Mar. 23, 2013>
| 1. | Research on standards related to the formulation, management and utilization of a spatial data system, the distribution of spatial data, etc.; |
| 2. | Research on international standards related to spatial data. |
[Moved from Article 25; previous Article 22 moved to Article 29 <Jun. 3, 2014>]
| Article 23 (Obligations to Comply with Standards) |
When the head of a management institution constructs, manages, and utilizes a spatial data system, or distributes spatial data, he or she shall comply with technical standards prescribed by this Act and standards prescribed by other statutes. <Amended on Jun. 9, 2020>
[Moved from Article 16; previous Article 23 moved to Article 30 <Jun. 3, 20144>]
| Article 24 (Establishment and Operation of the National Geospatial Program) |
| (1) | The Minister of Land, Infrastructure and Transport may establish or operate the National Geospatial Program in conjunction with management institutions. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may request the heads of management institutions to provide materials or data necessary for the establishment and operation of the National Geospatial Program. In such cases, the head of a management institution shall, upon receipt of a request for the provision of materials or data, comply with such request unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (3) | Other matters necessary for the establishment and operation of the National Geospatial Program shall be prescribed by Presidential Decree. |
[Moved from Article 17; previous Article 24 moved to Article 31 <Jun. 3, 2014>]
| Article 25 (Establishment of National Spatial Data Center) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish and operate the National Spatial Data Center to gather and process spatial data to provide to the users thereof. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the establishment, operation, etc. of the National Spatial Data Center under paragraph (1) (hereinafter referred to as the "National Spatial Data Center") shall be prescribed by Presidential Decree. |
[Moved from Article 18; previous Article 25 moved to Article 32 <Jun. 3, 2014>]
| Article 26 (Request for Submission of Materials) |
The Minister of Land, Infrastructure and Transport may request the heads of management institutions that produce or manage spatial data necessary for the operation of the National Spatial Data Center to submit materials, and the head of a management institution in receipt of a request for submission of materials shall provide materials except in extenuating circumstances: Provided, That where the management institution is a public institution, the head of the management institution shall have a prior consultation with the head of the competent agency under Article 6 (2) of the Act on the Management of Public Institutions (hereinafter referred to as "competent agency"). <Amended on Mar. 23, 2013> [Moved from Article 19; previous Article 26 moved to Article 33 <Jun. 3, 2014>]
| Article 27 (Data Processing) |
| (1) | In order to facilitate the use of spatial data, the Minister of Land, Infrastructure and Transport may analyze or process spatial data collected pursuant to Article 25. to provide to the users thereof. <Amended on Mar. 23, 2013; Jun. 3, 2014> |
| (2) | In order to maintain the accuracy of the data processed pursuant to paragraph (1), where the Minister of Land, Infrastructure and Transport deems that there are some errors in spatial data collected, he or she may request the heads of management institutions that have provided materials to correct or supplement materials, and the heads of management institutions in receipt of a request for correction or supplementation of materials shall submit the result of the measures he or she has taken to the Minister of Land, Infrastructure and Transport: Provided, That where the management institution is a public institution, the head of the management institution shall have a prior consultation with the head of the competent agency before he or she submits the result of measures he or she has taken. <Amended on Mar. 23, 2013> |
[Moved from Article 26; previous Article 27 moved to Article 34 <Jun. 3, 2014>]
CHAPTER V CONSTRUCTION AND UTILIZATION OF NATIONAL SPATIAL DATA SYSTEM
| Article 28 (Construction and Management of Spatial Databases) |
| (1) | The head of a management institution shall construct and manage spatial databases in accordance with standards related to spatial data or technical standards under Article 21 so that spatial data produced or managed by the relevant institution may be compatible with spatial data produced or managed by other institutions. <Amended on Jun. 3, 2014> |
| (2) | The head of a management institution shall endeavor so that spatial databases managed by the relevant institution may be maintained based on up-to-date data. |
| (3) | When the head of a management institution receives a request for provision of relevant data, such as the reading or reproduction of spatial data, necessary for the construction and management of spatial databases from a central administrative agency or local government, he or she shall comply with such request unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020> |
| (4) | When the head of a management institution receives a request for provision of relevant data, such as the reading or reproduction of spatial data, necessary for the construction and management of spatial databases from other management institution except central administrative agencies and local governments, he or she may provide cooperation in such request. |
| (5) | No spatial data provided pursuant to paragraphs (3) and (4) shall be used for purposes other than the formulation, management, etc. of spatial databases under paragraph (1). |
[Moved from Article 21; previous Article 28 moved to Article 35 <Jun. 3, 2014>]
| Article 29 (Prevention of Duplicate Investments) |
| (1) | Where the head of a management institution intends to establish a new spatial database, he or she shall first review the following matters in order to prevent duplicate investments in a spatial data system already established: |
| 1. | Whether the spatial database he or she intends to construct has been already constructed in the relevant management institution or other management institution; |
| 2. | Whether it is possible to use the spatial database already constructed in the relevant management institution or other management institution. |
| (2) | Where the head of a management institution intends to construct a new spatial database, he or she shall formulate a plan for the construction and management of the relevant spatial database, and provide notification of the formulated plan to the Minister of Land, Infrastructure and Transport: Provided, That where the management institution is a public institution, he or she shall have a prior consultation with the head of the competent agency before he or she provides notification of the formulated plan to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport deems that a plan for the construction and management of a spatial database notified to him or her pursuant to paragraph (2) falls under duplicate investments, he or she may request the head of a management institution that intends to construct the relevant spatial database to make corrections following deliberation by the Committee. <Amended on Mar. 23, 2013> |
| (4) | Where the head of a management institution requests the Minister of Land, Infrastructure and Transport to provide materials necessary for review under paragraph (1), he or she shall comply with such request unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (5) | Criteria necessary to decide whether a plan for the construction and management of a new spatial database falls under duplicate investments under paragraph (3) may be prescribed by Presidential Decree. |
[Moved from Article 22; previous Article 29 moved to Article 36 <Jun. 3, 2014>]
| Article 30 (Formulation of Catalog Information on Spatial Data) |
| (1) | The head of a management institution shall endeavor to formulate or manage catalog information on spatial data (referring to information explaining the characteristics of information, such as the content, special features, and accuracy of information, and relationship to other information; hereinafter referred to as "catalog information") constructed and managed by the relevant management institution in accordance with standards related to spatial data or technical standards under Article 21. <Amended on Jun. 3, 2014> |
| (2) | The head of a management institution shall submit catalog data formulated and managed by the relevant management institution to the Minister of Land, Infrastructure and Transport as required unless there is a compelling reason not to do so: Provided, That where the management institution is a public institution, he or she shall have a prior consultation with the head of the competent agency before he or she submits catalog information. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (3) | Other matters necessary for the formulation or management of catalog information shall be Prescribed by Presidential Decree. |
[Moved from Article 23; previous Article 30 moved to Article 37 <Jun. 3, 2014>]
| Article 31 (Establishment of Cooperative System) |
Where the head of a management institution constructs, manages, or utilizes a spatial data system, he or she may establish a cooperative system among management institutions, or among management institutions, industrial circles, and academic circles for the construction, management, and utilization of the spatial data system. <Amended on Jun. 9, 2020>
[Moved from Article 24; previous Article 31 moved to Article 38 <Jun. 3, 2014>]
| Article 32 (Utilization of Spatial Data) |
| (1) | The head of a management institution shall formulate measures to utilize spatial data where he or she conducts its business affairs. <Amended on Jun. 9, 2020> |
| (2) | The Minister of Land, Infrastructure and Transport may survey the current status of national land prescribed by Presidential Decree, produce spatial data from the result of survey, and provide such spatial data so that they may be utilized for affairs under paragraph (1). <Amended on Mar. 23, 2013> |
| (3) | The head of a management institution shall provide cooperation so that the relevant management institution may use a spatial data system established and managed thereby in conjunction with other management institutions unless there is a compelling reason not do so. <Amended on Jun. 9, 2020> |
[Moved from Article 25; previous Article 32 moved to Article 39 <Jun. 3, 2014>]
| Article 33 (Disclosure of Spatial Data) |
| (1) | The head of a management institution shall prepare a list of spatial data intended for disclosure of the spatial data produced by the relevant institution, and disclose such spatial data so that people may use the spatial data, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to data not intended for disclosure under Article 9 of the Official Information Disclosure Act. |
| (2) | The Minister of Land, Infrastructure and Transport shall determine a list of highly utilized spatial data in consultation with the heads of management institutions among the list of spatial data intended for disclosure under the main sentence of paragraph (1), and disclose the list so that people may easily use such spatial data, as prescribed by Presidential Decree. <Newly Inserted on May 22, 2013> |
[Moved from Article 26; previous Article 33 moved to Article 40 <Jun. 3, 2014>]
| Article 34 (Reproduction and Sale of Spatial Data) |
| (1) | The head of a management institution may sell or distribute all or some spatial databases managed by the relevant management institution by reproducing or publishing them, or provide data printed out from the relevant databases to data users, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to data the disclosure or leakage of which is prohibited pursuant to other statutes or regulations, and the security management regulations under Article 35. <Amended on Jun. 3, 2014> |
| (2) | The head of a management institution may receive user fees or fees from those who use data reproduced or printed out from spatial databases, as prescribed by Presidential Decree. |
[Moved from Article 27; previous Article 34 moved to Article 41 <Jun. 3, 2014>]
CHAPTER VI PROTECTION OF NATIONAL SPATIAL DATA
| Article 35 (Security Management) |
| (1) | Where the head of a management institution constructs, manages, or utilizes spatial data or spatial databases, he or she shall enact and enforce security management protocols necessary to prevent improper access to, or use of spatial data, the disclosure of which is restricted, or to prevent the leakage of spatial data, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | Where the head of a management institution enacts security management regulations pursuant to paragraph (1), he or she shall consult with the Director of the National Intelligence Service. The same shall also apply where he or she intends to amend the security management regulations. |
[Moved from Article 28 <Jun. 3, 2014>]
| Article 36 (Ensuring Security of Spatial Databases) |
In order to make provision against destruction of or damage to spatial databases, the head of a management institution shall specially reproduce and manage spatial databases, as prescribed by Presidential Decree.
[Moved from Article 29 <Jun. 3, 2014>]
| Article 37 (Prohibition of Infringement on or Damage to Spatial Data) |
| (1) | No person shall infringe on or do damage spatial data or spatial databases produced or managed by a management institution, or read, reproduce, or leak spatial data the disclosure of which is restricted pursuant to other statutes or regulations without obtaining approval from the management institution. |
| (2) | No person shall infringe upon the rights or privacy of third persons using spatial data or spatial databases. |
[Moved from Article 30 <Jun. 3, 2014>]
| Article 38 (Obligations to Maintain Confidentiality) |
No person who belongs or belonged to a management institution, or an institution, corporation or organization that conducts affairs related to the national spatial data system (including a person who takes over the relevant affairs in accordance with a service contract, etc., or his or her employee) entrusted pursuant to this Act or other statutes or regulations shall divulge or make fraudulent use of confidential information he or she has become aware of in the course of his or her duties related to the establishment, management, and utilization of the national spatial data system. <Amended on Jun. 9, 2020>
[Moved from Article 31 <Jun. 3, 2014>]
CHAPTER VII PENALTY PROVISIONS
| Article 39 (Penalty Provisions) |
Any person who commits infringement on or does damage to spatial data or spatial databases without permission in violation of Article 37 (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Jun. 3, 2014> [Moved from Article 32 <Jun. 3, 2014>]
| Article 40 (Penalty Provisions) |
Any person who falls under any of the following shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won: <Amended on Jun. 3, 2014>
| 1. | A person who peruses, reproduces, or leaks spatial data or spatial databases without obtaining approval from a management institution, in violation of Article 37 (1); |
| 2. | A person who divulges or makes fraudulent use of confidential information he or she has become aware in the performance of his or her duties, in violation of Article 38. |
[Moved from Article 33 <Jun. 3, 2014>]
| Article 41 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee or any other servant of a corporation or individual commits an offense under Article 39 or 40 relating to the business of such corporation or individual, not only shall the person who commits such offense be punished, but the corporation or individual also shall be punished by a fine under the relevant Article: Provided, That the foregoing shall not apply to cases where the corporation or individual has not neglected to pay considerable attention to or exercise supervision over the relevant business in order to prevent the occurrence of such offense. <Amended on Jun. 3, 2014> [Moved from Article 34 <Jun. 3, 2014>]
| Article 42 (Administrative Fines) |
| (1) | Any person who violates Article 17 shall be subject to an administrative fine not exceeding five million won. |
| (2) | The Minister of Land, Infrastructure and Transport shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 3, 2014]
ADDENDA <Act No. 9440, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Transitional Measures following Repeal of other Acts)
| (1) | The basic plans and action plans formulated in accordance with the former Act on the Building and Utilization, etc. of National Geographic Information System (hereinafter referred to as the "former Act") existing as at the time this Act enters into force shall be considered basic plans (including basic agency plans) and action plans (including agency action plans) formulated in accordance with this Act, and the activities that have been or are carried out in accordance with such basic plans or action plans shall be considered activities that have been or are carried out in accordance with this Act. In such cases, the basic plans and action plans formulated in accordance with the former Act shall be considered basic plans and action plans under this Act, until the first basic plan and action plan are formulated and confirmed pursuant to this Act. |
| (2) | Any offense that violates the former Act before this Act enters into force shall be punished by applying the provisons of the former Act. |
Article 4 Omitted.
ADDENDA <Act No. 9705, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11577, Dec. 18, 2012>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 5 (4) and 7 (1) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11688, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11797, May 22, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12736, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Korea Cadastral Survey Corporation)
| (2) | The Korea National Land Information Corporation under the amended provisions of Article 12 shall comprehensively succeed to the all affairs, rights, obligations and assets of the Korea Cadastral Survey Corporation when The Korea National Land Information Corporation completes the registration of its establishment under paragraph (1). In such cases, the value of assets to which the Corporation will succeed shall be the book value thereof on the day preceding the day on which it will succeed to assets. |
| (3) | The name indicated in the register in the name of the Korea Cadastral Survey Corporation or other official registers at the time it completes the registration of the establishment of the Korea National Land Information Corporation under paragraph (1) shall be construed as the name of the Korea National Land Information Corporation. |
| (4) | Acts done by or against the Korea Cadastral Survey Corporation at the time it completes the registration of the establishment of the Korea National Land Information Corporation under paragraph (1) shall be construed as acts done by or against the Korea National Land Information Corporation. |
| (5) | Executives and employees of the Korea Cadastral Survey Corporation at the time it completes the registration of the establishment of the Korea National Land Information Corporation under paragraph (1) shall be construed as executives and employees of the Korea National Land Information Corporation. |
Article 3 Omitted.
Article 4 (Relationship to other Acts and Subordinate Statutes)
In a case that the former National Spatial Data Infrastructure Act or the provision thereof is cited by other Acts and subordinate statutes at the time this Act enters into force, where the provision corresponding thereto exists in this Act, this Act or the relevant provision of this Act shall be deemed cited.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)