ELECTRONIC GOVERNMENT ACT
Wholly Amended by Act No. 10012, Feb. 4, 2010
Amended by Act No. 10303, May 17, 2010
Act No. 10465, Mar. 29, 2011
Act No. 10580, Apr. 12, 2011
Act No. 11461, jun. 1, 2012
Act No. 11688, Mar. 23, 2013
Act No. 11690, Mar. 23, 2013
Act No. 11735, Apr. 5, 2013
Act No. 12346, Jan. 28, 2014
Act No. 12592, May 20, 2014
Act No. 12738, jun. 3, 2014
Act No. 13459, Aug. 11, 2015
Act No. 14474, Dec. 27, 2016
Act No. 14914, Oct. 24, 2017
Act No. 16912, Feb. 4, 2020
Act No. 17345, jun. 9, 2020
Act No. 17344, jun. 9, 2020
Act No. 17370, jun. 9, 2020
Act No. 17799, Dec. 29, 2020
Act No. 17962, Mar. 23, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to facilitate the efficient realization of electronic government, enhance productivity, transparency and democracy in the public administration, and improve the quality of life of citizens by providing for fundamental principles, procedures, methods of promotion, and other relevant matters for the electronic processing of administrative affairs.
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Jan. 28, 2014; Nov. 19, 2014; Jul. 26, 2017>
| 1. | The term "electronic government" means a government that efficiently coordinates administrative affairs between administrative agencies and public institutions (hereinafter referred to as "administrative agencies, etc.") or conducts administrative affairs for citizens by digitalizing administrative affairs of administrative agencies, etc. using information technology; |
| 2. | The term "administrative agency" means an agency responsible for the processing of administrative affairs of the National Assembly, the Judiciary, the Constitutional Court, or the National Election Commission; a central administrative agency (including agencies under the jurisdiction of the President or of the Prime Minister; hereinafter the same shall apply) and an affiliate thereof; a local government; |
| 3. | The term "public institution" means any of the following: |
| (c) | A special corporation established under a special-purpose Act; |
| (e) | Other corporations, organizations, or institutions specified by Presidential Decree; |
| 4. | The term "central agency responsible for administrative affairs" means the National Assembly Secretariat for affiliates of the National Assembly, the National Court Administration for affiliates of the Judiciary, the Department of Court Administration of the Constitutional Court for affiliates of the Constitutional Court, the National Election Commission Secretariat for affiliates of the National Election Commission, and the Ministry of the Interior and Safety for central administrative agencies, their affiliates, and local governments; |
| 5. | The term "electronic government service" means any administrative service rendered by administrative agencies, etc., to other administrative agencies, etc. and citizens, enterprises, etc., through access to electronic government; |
| 6. | The term "administrative information" means data prepared or acquired and managed by administrative agencies, etc. within the scope of their duties, which have been processed by means of digital technology to be expressed in code, characters, voice, sound, images, or any other mode; |
| 7. | The term "electronic document" means standardized information prepared and transmitted, received, or stored in digital format by devices capable of processing information, such as computers; |
| 8. | The term "digitized document" means a document converted from a hard-copy or any other non-electronic version to a format that can be processed on information systems; |
| 9. | The term "administrative digital signature" means information by which one can verify the identity of any of the following agencies that have prepared an electronic document or the person directly in charge of the relevant work in any of such agencies as well as any modification to the electronic document, which is specific to the electronic document: |
| (a) | An administrative agency; |
| (b) | An auxiliary agency or support agency of an administrative agency; |
| (c) | An institution, corporation, or organization that exchanges electronic documents with an administrative agency; |
| (d) | An institution, corporation, or organization under Article 36 (2); |
| 10. | The term "information and communications network" means an information and communications system through which information is collected, processed, stored, searched, transmitted, or received by using telecommunications systems under subparagraph 2 of Article 2 of the Framework Act on Telecommunications or by utilizing telecommunications systems, computers, and computer technologies; |
| 11. | The term "information resources" means administrative information held by administrative agencies, etc.; information systems constructed so as to facilitate the collection, processing, and search of administrative information by electronic means; information technologies for the establishment of information systems; budgets and human resources for informatization and other related resources; |
| 12. | The term "information technology architecture" means a systematic framework formulated following the comprehensive analysis of the components of an entire organization, including the scope of its work, applications, data, technologies, and security, conducted based on specific guidelines and processes, and methodologies for optimizing the components through informatization, etc. based on such framework; |
| 13. | The term "information system" means a systematic network of devices and software for collecting, processing, storing, searching, transmitting, receiving, or using information; |
| 14. | The term "supervision of information system" means the comprehensive monitoring of matters regarding the construction, operation, etc., of the information system to resolve its problems from the third-person perspective by a person independent of the interests of the person awarding the contract for supervision and the person subject to supervision, with the aim of improving efficiency and ensuring safety of the information system; |
| 15. | The term "supervisor" means a person who meets the requirements specified in Article 60 (1) to perform supervision of an information system (hereinafter referred to as "supervisory duty"). |
| Article 3 (Duties of Administrative Agencies and Public Officials) |
| (1) | The head of each administrative agency, etc. shall implement this Act and improve related systems with the aim of facilitating the realization of electronic government and improving the quality of life of citizens and shall actively cooperate in interlinking information and communications networks, through administrative data matching, etc. |
| (2) | Public officials and employees of public institutions shall be capable of utilizing information technologies necessary for the electronic processing of their work and give priority to citizens' convenience over the convenience of the relevant agencies in electronically processing their work. |
| Article 4 (Principles of Electronic Government) |
| (1) | Each administrative agency, etc. shall consider, among other things, the following matters in materializing, operating, and developing electronic government, and take measures necessary therefor: |
| 1. | Digitizing public services and improving citizens' convenience; |
| 2. | Innovating administrative affairs and improving their productivity and efficiency; |
| 3. | Ensuring the security and reliability of information systems; |
| 4. | Protecting personal information and privacy; |
| 5. | Expanding disclosure and sharing of administrative information; |
| 6. | Preventing duplicative investment and improving interoperability. |
| (2) | Each administrative agency, etc. shall promote the realization, operation, and development of electronic government, based on an information technology architecture. |
| (3) | Each administrative agency, etc. shall not require civil petitioners to submit matters that can be electronically verified through the sharing of administrative information between the agencies, etc. |
| (4) | No personal information maintained and managed by administrative agencies, etc. shall be used against the wishes of the relevant person, unless otherwise provided for in other statutes or regulations. |
| Article 5 (Formulation of Master Plans for Electronic Government) |
| (1) | The head of each central agency responsible for administrative affairs shall formulate a master plan for electronic government every five years combining the plans of each of administrative agencies, etc. referred to in Article 5-2 (1) to realize, operate, and develop electronic government. |
| (2) | A master plan for electronic government under paragraph (1) (hereinafter referred to as "master plan for electronic government") shall include the following matters: |
| 1. | Basic direction-setting for the realization and mid- and long-term development of electronic government; |
| 2. | Modification of related statutes and regulations and systems for the realization of electronic government; |
| 3. | Facilitation of the delivery and utilization of electronic government services; |
| 4. | Electronic administrative management; |
| 5. | Increased sharing and securement of safety of administrative information; |
| 6. | Adoption and utilization of information technology architecture; |
| 7. | Integration, sharing, and efficient management of information resources; |
| 8. | Standardization of electronic government, ensuring interoperability and expansion of services for sharing; |
| 9. | Promotion of electronic government projects and local informatization projects and the management of the outcomes thereof; |
| 10. | Re-design of work process for realization of electronic government; |
| 11. | International cooperation on electronic government; |
| 12. | Other matters necessary for the realization, operation, and development of electronic government, such as training of human resources for informatization. |
| (3) | When the head of each related central administrative agency intends to formulate and implement an implementation plan for intelligent informatization pursuant to Article 7 of the Framework Act on Intelligent Informatization, he or she shall take a master plan for electronic government into consideration. <Amended on Jun. 9, 2020> |
| (4) | Matters necessary for the procedure, etc. for formulation of master plans for electronic government shall be prescribed by National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
[This Article Wholly Amended on Jan. 28, 2014]
| Article 5-2 (Formulation and Evaluation of Plan for Each Agency) |
| (1) | The head of an administrative agency, etc. shall formulate a master plan for the realization, operation, and development of electronic government in a relevant agency (hereinafter referred to as "plan for each agency") every five years and submit such plan to the head of the relevant central agency responsible for administrative affairs. |
| (2) | The head of each administrative agency, etc. shall endeavor to secure financial resources necessary for the implementation of the plan for each agency. |
| (3) | The head of each central agency responsible for administrative affairs may examine the current status of the plan for each administrative agency, etc. and the outcomes thereof. |
| (4) | Matters necessary for the standards for formulation of the plan for each agency, procedures for the formulation and examination of the current status thereof, etc. shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 5-3 (Electronic Government Day) |
| (1) | In order to continuously accelerate the development of electronic government by, for example, informing the public about the excellence and convenience of electronic government and enhancing the national status of the Republic of Korea, June 24 shall be designated as the Electronic Government Day. |
| (2) | The State may host events that meet the intent of the Electronic Government Day. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 6 (Relationship to other Statutes) |
Except as otherwise provided in other statutes, this Act shall govern the realization, operation, and development of electronic government, such as digitization of public services and administrative management of administrative agencies, etc. and the sharing of administrative information.
CHAPTER II PROVISION AND UTILIZATION OF ELECTRONIC GOVERNMENT SERVICES
SECTION 1 Electronic Processing of Civil Petitions
| Article 7 (Application for Electronic Processing of Civil Petitions) |
| (1) | The head of an administrative agency, etc. (including any person to whom administrative authority has been entrusted: hereafter the same shall apply in this Section) may allow citizens to file, report, or submit a civil application or petition (hereinafter referred to as "application, etc.") in electronic form even where relevant statutes and regulations (including ordinances and rules of a local government; hereinafter the same shall apply) require application, etc. for a civil petition, etc. subject to processing of the said agency in paper form, such as a written document, statement, or form. |
| (2) | When the head of an administrative agency, etc. processes a civil petition, etc., he or she may give notice or notification (hereinafter referred to as "notice, etc.") of the results of the processing in electronic form, if the petitioner wishes to receive such results in such manner or files an application, etc., for the civil petition, etc. in electronic form, even where relevant statutes and regulations require notice, etc. of the results of the processing in paper form, such as a written document, statement, or form. |
| (3) | When filing an application, etc. or giving notice, etc. pursuant to paragraph (1) or (2), a digitized document may serve as a document to be attached to the electronic document. |
| (4) | An application, etc. filed or notice, etc. provided in electronic form pursuant to paragraph (1) through (3) shall be deemed to have been filed or provided in compliance with the procedures provided for by relevant statutes and regulations. |
| (5) | When the head of an administrative agency, etc. allows citizens to file an application, etc. or gives notice, etc. in electronic or digitized form pursuant to paragraphs (1) through (3), he or she shall publish the type of such application, etc. for or notice, etc. of the civil petition, etc. and the processing procedure therefor in advance via the Internet. |
| (6) | Matters necessary for the utilization of digitized documents, verification of their authenticity, and other relevant matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 8 (Electronic Verification of Required Documentation) |
| (1) | The head of each administrative agency, etc. shall process relevant work after directly receiving an electronic document from an administrative agency, etc., if any document or certificate required to be attached or submitted by the civil petitioner is to be issued by the administrative agency, etc. in electronic form. |
| (2) | A civil petition may be processed in accordance with paragraph (1) only where the civil petitioner pays the full fees prescribed by relevant statutes and regulations (including expenses incurred by an administrative agency, etc. in remitting fees to the issuing agency) to the administrative agency, etc. for the civil petition and required documents. |
| (3) | If the head of an administrative agency, etc. can verify information about required documents, in processing the work under paragraph (1), through administrative data matching pursuant to Article 36 (1), he or she may substitute such verification for the issuance of the documents. In such cases, the head of the administrative agency, etc. may waive or reduce fees for the relevant documents, subject to consultation with the heads of issuing agencies. |
| (4) | Where the head of an administrative agency, etc. has processed required documents pursuant to paragraphs (1) through (3), such required documents are deemed processed in compliance with the procedures provided for by relevant statutes and regulations. |
| (5) | When the head of each administrative agency, etc. intends to process required documents in a way specified in paragraphs (1) through (3), he or she shall publish the types and the scope of such required documents, related civil petitions, and other necessary matters in advance via the Internet. |
| (6) | The procedure for processing work pursuant to paragraphs (1) through (5) and other relevant matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 9 (Processing of Civil Petitions without Appearance) |
| (1) | In order for civil petitioners to have their civil petitions, etc. processed without necessarily appearing in person at the relevant agency, the head of each administrative agency, etc. shall take measures, such as the improvement of relevant statutes and regulations and the establishment of facilities and systems as necessary. |
| (2) | The head of an administrative agency, etc. may open and operate a window for electronic civil petitions on the Internet to implement a system for processing civil petitions without appearance pursuant to paragraph (1): Provided, That if a window has yet to be opened for electronic civil petitions, the head of the administrative agency, etc. may authorize an integrated electronic civil petition window under paragraph (3) to process electronic civil petitions, etc. |
| (3) | The head of a central agency responsible for administrative affairs may provide support for administrative agencies, etc. to open and operate electronic civil petition windows and may open and operate an integrated electronic civil petition window by interlinking such windows. |
| (4) | An application, etc. filed by a civil petitioner through an electronic civil petition window under paragraphs (2) and (3) is deemed an application, etc. filed in person with the competent agency responsible for the civil petition prescribed by relevant statutes and regulations. |
| (5) | The head of an administrative agency, etc. may charge additional fees for processing civil petitions, etc. filed through an electronic civil petition window under paragraphs (2) and (3), apart from the fees prescribed by related statutes and regulations, if such fees are required by means prescribed in Article 14. |
| (6) | The head of an administrative agency, etc. may waive or reduce fees for processing civil petitions, etc. submitted through an electronic civil petition window under paragraphs (2) and (3), notwithstanding the provisions of other statutes and regulations. |
| (7) | Matters necessary for the opening and operation of an electronic civil petition window under paragraphs (1) through (4), processing fees under paragraph (5), and the scope of civil petitions, etc. subject to waiver or reduction of processing fees under paragraph (6), the rates of such waiver or reduction, and other related matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 9-2 (Provision of Daily Life Information through Integrated Electronic Civil Petition Window) |
| (1) | The Minister of the Interior and Safety may provide civil petitioners with the services through which such daily life information as the their health examination dates, vaccination dates, renewal dates of drivers' license, etc. can be perused (hereafter referred to as "life information viewing services" in this Article). In such cases, the Minister of the Interior and Safety may interlink the integrated electronic civil petition window under Article 9 (3) with information systems of other central administrative agencies, etc. following consultation with the heads of other central administrative agencies, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The types of daily life information viewing services provided under paragraph (1) shall be determined and publicly announced by the Minister of the Interior and Safety following consultation with the heads of related central administrative agencies, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | In order to provide daily life information viewing services, the Minister of the Interior and Safety may request the heads of other central administrative agencies, etc. to provide data. In such cases, the related central administrative agencies, etc. upon receipt of such request for provision of data shall comply with such request, unless there is a compelling reason not to do so. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may provide daily life information viewing services only where the relevant civil petitioner agrees to do so. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 10 (Verification of Identities of Civil Petitioners) |
Whenever it is necessary to verify the identity of a civil petitioner in processing a civil petition, etc., the head of an administrative agency, etc. may verify the identity with the petitioner's digital signature under subparagraph 2 of Article 2 of the Digital Signature Act (referring to a digital signature that enables the verification of the signor's real name; hereinafter referred to as "digital signature") or in ways prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. <Amended on Jun. 9, 2020>
| Article 11 (Electronic Notice or Information) |
| (1) | The head of an administrative agency, etc. may provide notice, etc. to a citizen by an electronic document, even where relevant statutes and regulations require to give such notice, etc. by a paper document, such as a written notice or information. |
| (2) | Any notice, etc. given by an electronic document pursuant to paragraph (1) shall be deemed notice, etc. provided in compliance with the procedure provided for by relevant statutes and regulations. |
| (3) | The head of each administrative agency, etc. shall, when he or she intends to provide notice, etc. by an electronic document pursuant to paragraph (1), publish the types of and procedure for giving such notice, etc. in advance via the Internet. |
| (4) | Matters necessary for the provision of notice, etc. by an electronic document shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 12 (Electronic Provision of Administrative Information) |
| (1) | The head of each administrative agency, etc. shall separately provide citizens with information related to civil petitions, such as Acts relevant to civil petitions and subordinate statutes thereof, manuals related to the processing of civil petitions, and the guidelines for processing civil petitions, and other administrative information specified by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree as administrative information related to citizens' lives, by posting them on the Internet. |
| (2) | The head of an administrative agency, etc. may separately provide citizens with information published in the Official Gazette, newspapers, bulletins, etc. by posting them on the Internet. |
| Article 12-2 (Designation of Public Services and Notification of Lists) |
| (1) | The head of a central administrative agency, etc. shall designate the goods, services, etc. provided to those who fulfill prerequisites, such as senior citizens, the disabled, and persons entitled to veterans benefits, as public services (hereinafter referred to as "public services”) in accordance with the statutes and regulations (including ordinances and regulations of local governments) under his or her jurisdiction, and shall notify the Minister of the Interior and Safety of such list. The same shall also apply to cases where a list of public services is modified. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Matters necessary for the standards for designation of public services and notification, etc. of lists shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 12-3 (Establishment and Operation of Registration System) |
| (1) | The Minister of the Interior and Safety may construct and operate a system for the registration, management, and utilization of lists of public services (hereinafter referred to as "registration system"). In such cases, such system can be interlinked with information systems of other central administrative agencies, etc., and consultations thereon shall be held with the relevant agencies. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | For the construction, operation, etc. of a registration system, the Minister of the Interior and Safety may request the provision of data on resident registration, family registration, national taxes, local taxes, finance, real estate, national pension, health insurance, etc. held by other administrative agencies, etc. after obtaining prior consent from the relevant civil petitioner. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Article 42 (1) shall apply mutatis mutandis to prior consent set forth in paragraph (2). |
| (4) | Where a civil petitioner's individual consent to a request for provision of data under paragraph (2) is obtained, an application filed by a civil petitioner under Article 12-4 (1) shall be deemed a prior consent the Minister of the Interior and Safety is required to obtain from the civil petitioner under the same paragraph. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Where necessary for the construction and operation of a registration system, the Minister of the Interior and Safety may advance pilot projects. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Matters necessary for the construction and operation of a registration system shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 12-4 (Provision of Lists of Public Services) |
| (1) | If any civil petitioner applies for the perusal of lists of public services, the head of a local government (referring to the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu (referring to an autonomous Gu); hereafter the same shall apply in this Article) may provide the lists of public services required by the civil petitioner through a registration system. |
| (2) | When a civil petitioner provided with the lists of public services under paragraph (1) files an application for the provision of any civil services, the head of a local government shall forward the relevant application to the head of the relevant central administrative agency, etc. |
| (3) | Matters necessary for the provision of lists of public services, application for public services, transfer, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 13 (Bearing Expenses Incurred in Electronic Provision of Administrative Information) |
| (1) | The head of an administrative agency, etc. may collect fees from a person, if any, who gains special benefits from administrative information provided via the Internet. |
| (2) | Matters necessary for the criteria for collecting fees under paragraph (1), the procedures therefor, and other relevant matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 14 (Electronic Payment of Taxes) |
The head of an administrative agency, etc. may allow citizens to pay taxes, fees, administrative fines, penalty surcharges, penalties, fines, minor fines, etc. by means of electronic money, electronic payment, etc. through information and communications networks, even where other statutes and regulations require payment thereof by cash, revenue stamp, or other means.
| Article 15 (Electronic Payment of Grants and Benefits) |
When the head of an administrative agency, etc. pays specific grants and benefits to citizens pursuant to the provisions of any Act and subordinate statutes, he or she may pay such specific grants and benefits via information and communications networks.
SECTION 2 Provision of Electronic Government Services and Promotion of Their Utilization
| Article 16 (Development and Provision of Electronic Government Services) |
| (1) | The head of each administrative agency, etc. shall develop and provide electronic government services for enhancing public welfare and convenience, ensuring people's security, and facilitating business activities such as starting a business and establishing factories, and take measures to continuously supplement and improve such services. |
| (2) | The head of each administrative agency, etc. shall ensure that users of its electronic government services have easy access to such services and utilize them in a safe and convenient manner and shall keep its electronic government services up-to-date. |
| (3) | When the head of each administrative agency, etc. develops electronic government services, he or she shall take into account the demands and convenience of users of such services. |
| Article 17 (Increased User Involvement) |
When the head of each administrative agency, etc. provides electronic government services, he or she shall guarantee opportunities for their users to participate in the relevant process and express various opinions by means, such as discussions, recommendations, and policy suggestions, and shall actively reflect such recommendations, policy suggestions, etc. in the process of amending relevant statutes and regulations and systems, improving the electronic government services, etc.
| Article 18 (Introduction and Utilization of Ubiquitous Electronic Government Services) |
| (1) | The head of each administrative agency, etc. shall deliver services for public administration, transportation, welfare, environment, disaster safety, etc. (hereafter referred to as "ubiquitous electronic government services" in this Article) that can be utilized by citizens, enterprises, etc. anywhere anytime, using advanced information and communications technologies, and shall formulate policies necessary therefor. |
| (2) | The Minister of the Interior and Safety may pursue pilot projects, if necessary, to facilitate the introduction and utilization of ubiquitous electronic government services under paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for the introduction and utilization of ubiquitous electronic government services under paragraph (1) and pilot projects under paragraph (2) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 19 (Measures for Broader Use of Electronic Government Services) |
The head of each administrative agency, etc. shall take necessary measures to ensure that citizens do not have difficulty accessing or utilizing electronic government services due to their economic, regional, physical, or social conditions.
| Article 20 (Operation of Electronic Government Portal) |
| (1) | The State shall establish, manage, and facilitate the use of an Internet-based integrated information system (hereinafter referred to as "electronic government portal") to efficiently deliver electronic government services. |
| (2) | Matters necessary for the establishment, management, and facilitation of the use of the electronic government portal shall be prescribed by Presidential Decree. |
| Article 21 (Engagement and Use of Private Sector in Electronic Government Services) |
| (1) | The head of an administrative agency, etc. may develop and provide a new service in combination with a service delivered by an individual, enterprise, organization, etc. by entering into a memorandum of understanding, etc. therewith, in order to facilitate the use of electronic government services. |
| (2) | The head of an administrative agency, etc. may provide necessary assistance to individuals, enterprises, organizations, etc. to develop and provide new services using specific technologies or administrative information of a highly public nature delivered as part of electronic government services (excluding personal information as defined in subparagraph 1 of Article 2 of the Personal Information Protection Act). <Amended on Mar. 29, 2011> |
| (3) | Matters necessary for the memorandum of understanding under paragraph (1) and the criteria, procedures, etc. for assistance under paragraph (2) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 22 (Investigation and Analysis of Actual Use of Electronic Government Services) |
| (1) | The head of an administrative agency, etc. shall, at regular intervals, investigate, analyze, and manage the actual use, etc. of the electronic government services delivered by the agency, and prepare measures to improve such use. |
| (2) | Detailed matters necessary for the investigation, analysis, and management of the actual use of electronic government services under paragraph (1) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 23 (Efficient Management of Electronic Government Services) |
| (1) | Where electronic government services provided by administrative agencies, etc. are similar to, or overlap with, one another, or their operational value is considered not high, the head of a central agency responsible for administrative affairs may recommend the integration or scrapping thereof, or other measures to improve such services. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the criteria and procedures for the integration or scrapping, etc. of electronic government services under paragraph (1) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 24 (Security Measures for Electronic Public Services) |
| (1) | The Minister of the Interior and Safety shall formulate security measures related to electronic public services through prior consultation with the Director of the National Intelligence Service. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The head of each central administrative agency, each affiliate thereof, and each local government shall formulate and implement security measures for his or her agency in accordance with the security measures provided for in paragraph (1). |
CHAPTER III ELECTRONIC ADMINISTRATIVE MANAGEMENT
| Article 25 (Preparation of Electronic Documents) |
| (1) | Documents of each administrative agency, etc. shall be prepared, dispatched, received, stored, preserved, and utilized basically in electronic form: Provided, That the same shall not apply where the nature of specific work requires any other format, or under exceptional circumstances. |
| (2) | Each administrative agency, etc. shall make the forms of documents sent or received by such agency appropriate for electronic documents. |
| (3) | Matters necessary for the preparation, delivery, receipt, storage, preservation, and utilization of electronic documents of each administrative agency, etc., the method of preparing forms of electronic documents, and other relevant matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 26 (Formation and Effects of Electronic Documents) |
| (1) | An electronic document prepared by an administrative agency, etc. shall be duly formed when it is approved (referring to approval by electronic means specified by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree). |
| (2) | An electronic document that has been approved by an ancillary agency or support agency of an administrative agency, etc. with power delegated by the administrative agency or vicariously for and on behalf of the administrative agency may be delivered with the administrative digital signature of the ancillary or support agency under Article 29. |
| (3) | Any electronic document and digitized document under this Act shall have the same effect as a paper document, except as otherwise provided in other statutes. |
| Article 27 (Transmission and Receipt of Electronic Documents) |
| (1) | Any individual, corporation, or organization seeking to transmit to an administrative agency, etc. an electronic document that requires verification of the identity of the transmitter shall transmit such document with a digital signature or by electronic means recognized by other statutes and regulations as means that may be used for the verification of the identity of a person: Provided, That any public institution seeking to exchange electronic documents with an administrative agency shall use its administrative digital signature in transmitting and receiving such electronic documents. <Amended on Jun. 9, 2020> |
| (2) | If clarification of the time of delivery or arrival of an electronic document is required, the electronic document shall be transmitted or received by electronic means specified by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree so that the time of delivery or arrival can be objectively verified. |
| Article 28 (Timing of Delivery or Arrival of Electronic Documents) |
| (1) | An electronic document transmitted to an administrative agency, etc. shall be deemed delivered by the transmitter at the time the transmission of the electronic document is electronically recorded by using an information system. |
| (2) | An electronic document transmitted by an administrative agency, etc. shall be deemed to arrive at the addressee at the time it is entered in the information system, etc. designated by the addressee: Provided, That if the information system, etc. is not designated, such electronic document is deemed to arrive at the addressee at the time it is entered in the information system, etc. under the control of the addressee. |
| (3) | If a transmitter had delivered a document, etc. required to arrive by a specific deadline in electronic form by electronic means described in Article 27 (2) prior to the deadline, but the document did not arrive by the deadline due to failure of the information system or related device of the addressee, the deadline that applies only to the transmitter is deemed to fall on the day immediately following the date on which the failure is eliminated. |
| (4) | If an electronic document that arrives at, and is received by, an administrative agency, etc. is illegible, the administrative agency, etc. shall regard it as a defective document and shall demand the transmitter correct the defect within a period reasonably prescribed as necessary for such correction, while if an electronic document delivered by an administrative agency, etc. that arrives at the addressee is illegible, such document shall not be deemed a document that duly arrives. |
| Article 29 (Authentication of Administrative Digital Signatures) |
| (1) | Each electronic document prepared by an administrative agency shall bear an administrative digital signature: Provided, That any administrative agency may use a digital signature to efficiently operate electronic transactions under subparagraph 5 of Article 2 of the Act on Electronic Documents and Transactions. <Amended on Jun. 1, 2012; Jun. 9, 2020> |
| (2) | The head of each central agency responsible for administrative affairs shall authenticate administrative digital signatures. |
| (3) | The head of a central agency responsible for administrative affairs shall prepare technical standards for administrative digital signatures in consultation with the Minister of the Interior and Safety when conducting authentication affairs under paragraph (2). <Amended on Jun. 9, 2020> |
| (4) | An administrative digital signature authenticated pursuant to paragraph (2) and applied to an electronic document shall be deemed the official seal or official authentication of the administrative agency or public institution indicated in the electronic document or the signature of the person in direct charge of relevant affairs in the relevant agency, and the content thereof shall be presumed not to have been modified after the administrative digital signature was applied thereto. |
| (5) | Matters necessary for the authentication of administrative digital signatures shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 30 (Electronic Management of Administrative Knowledge) |
The head of an administrative agency, etc. may establish and operate an electronic processing system for utilizing matters deemed considerably valuable as data that can be used to make decisions on important policies thereof, out of administrative information relevant to duties under his or her jurisdiction, personal experiences, practical knowledge and techniques produced and circulated within the agency.
| Article 30-2 (Inter-Linkage and Integration of Electronic Systems) |
| (1) | For improving administrative efficiency and the integrated and efficient provision of services to the public, the head of a central administrative agency, etc., may interlink or integrate the electronic systems under his or her jurisdiction with those of other central administrative agencies, etc. |
| (2) | Matters necessary for the standards for inter-linkage and integration of electronic systems and the procedures, methods, etc. therefor, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 30-3 Deleted. <Jun. 9, 2020> |
| Article 30-4 Deleted. <Jun. 9, 2020> |
| Article 31 (Gathering Opinions through Information and Communications Networks) |
| (1) | With regard to the enactment and amendment of an Act or a subordinate statute relevant to affairs under the control of an administrative agency, etc., the matters that require pre-announcement of administration pursuant to Article 46 (1) of the Administrative Procedures Act, and other matters that require holding of a public hearing, poll, or others pursuant to relevant statutes and regulations, the head of the responsible administrative agency, etc. shall proceed in tandem to gather opinions through information and communications networks. |
| (2) | The head of each administrative agency, etc. shall allow a party or any interested party who has an opinion with regard to a disposition made by the agency to present his or her opinion through an information and communications network. |
| (3) | The head of each administrative agency, etc. shall readjust relevant statutes and regulations and take other measures in order to facilitate the gathering and presentation of opinions under paragraphs (1) and (2). |
| (4) | The head of each administrative agency, etc. shall, when he or she conducts any statistical survey subject to citizens, a survey on citizens' satisfaction with the processing of civil petitions, or any similar survey, actively take measures to utilize information and communications networks. |
| Article 32 (Electronic Performance of Work) |
| (1) | The head of an administrative agency, etc. may adopt an online video conferencing method using information and communications networks in conducting administrative affairs. In such cases, the head of an administrative agency, etc. shall endeavor to preferentially utilize such online video conferencing when conducting business between distant locations. <Amended on Jan. 28, 2014> |
| (2) | The head of a central agency responsible for administrative affairs may provide necessary assistance for the adoption, utilization, etc. of online video conferencing under paragraph (1). <Newly Inserted on Jan. 28, 2014> |
| (3) | The head of an administrative agency, etc. may, whenever necessary, allow his or her employees to conduct some form of remote work through information and communications networks without necessarily designating a specific place of service. In such cases, the head of an administrative agency, etc. shall formulate measures to prevent illegal access to information and communications networks and other security measures. <Amended on Jan. 28, 2014> |
| (4) | The head of an administrative agency, etc. may provide online remote educational and training programs for his or her employees through information and communications networks. <Amended on Jan. 28, 2014> |
| (5) | Matters necessary to facilitate the performance of remote work under paragraphs (1) through (4) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. <Amended on Jan. 28, 2014> |
| Article 33 (Reduction of Paper Documents) |
| (1) | The head of each administrative agency, etc. shall minimize the formulation, receipt, circulation, and storage of paper documents by digitalizing administrative affairs and civil petitions, through administrative data matching with other agencies, or by other means, and shall formulate plans to continuously reduce paper documents in the relevant agency. |
| (2) | The head of each administrative agency, etc. shall revise its methods of working, etc. in the relevant agency in a manner that minimizes unnecessary printing of paper documents in the process of formulating and reporting documents. |
| (3) | With the aim of reducing paper documents, the head of each administrative agency, etc. shall amend or supplement statutes and regulations, directives, etc. that stipulate application, reports, submission, notice, or notification in paper form to allow such application, etc. by electronic means as well, except under exceptional circumstances. |
| (4) | The head of a central agency responsible for administrative affairs may, if necessary, formulate and implement directives to reduce paper documents or investigate the actual use, etc. of paper documents. |
| Article 34 (Identities of Persons in Charge and their Rights of Access) |
The head of each administrative agency, etc. shall manage and check the identity, rights of access, etc. of a person in charge of relevant work, seeking to access an information system or to use administrative information for electronically processing civil petitions or conducting relevant affairs, in a manner prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree.
| Article 35 (Prohibited Acts) |
No person shall commit any of the following acts when handling or utilizing administrative information: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| 1. | Forging, altering, damaging, or deleting administrative information for the purpose of interfering with affairs related to the processing of such information; |
| 2. | Forging, altering, damaging, or using an information system for the sharing of administrative information without good cause; |
| 3. | Disclosing or disseminating, to the public, any method or program by which administrative information can be altered or deleted; |
| 4. | Divulging administrative information, the disclosure of which is prohibited, without good cause; |
| 5. | Processing administrative information without due authority or beyond the authority accorded; |
| 6. | Aiding or abetting another person, without due authority, to use administrative information; |
| 7. | An agency having obtained the approval for through administrative data matching from the Minister of the Interior and Safety pursuant to Article 39 (2), but through administrative data matching in a manner that has not been approved or storing administrative information in an information system or storage device that has not been approved; |
| 8. | Receiving administrative information from an administrative agency, etc. or accessing administrative information by fraud or other improper means. |
CHAPTER IV THROUGH ADMINISTRATIVE DATA MATCHING
| Article 36 (Efficient Management and Use of Administrative Information) |
| (1) | The head of each administrative agency, etc. shall share administrative information collected and held by such agency with other administrative agencies, etc. that need such information and shall not endeavor to separately gather identical information where he or she can be provided with reliable administrative information from other administrative agencies, etc. |
| (2) | The head of each administrative agency, etc. collecting and possessing administrative information (hereinafter referred to as "agency in possession of administrative information") may allow other administrative agencies, etc., banks authorized to engage in banking business pursuant to Article 8 (1) of the Banking Act, and legal entities, organizations, or institutions specified by Presidential Decree to share administrative information held by the agency in possession of such administrative information. <Amended on May 17, 2010> |
| (3) | The Minister of the Interior and Safety may publicly announce the detailed examination of the lists of administrative information held by administrative agencies, etc. and the outcomes thereof through information systems and conduct research on demand for the administrative information that administrative agencies, etc. need to share with each other. <Amended on Mar. 23, 2013; Jan. 28, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The head of each central agency responsible for administrative affairs shall promote the readjustment of relevant statutes or regulations and systems in order to ensure the effective management of administrative information, such as production, processing, utilization, provision, storing, scrapping, etc. of administrative information. |
| (5) | The Minister of the Interior and Safety may establish and publish guidelines for the criteria, procedures, etc. for through administrative data matching, in consultation with the heads of other central agencies responsible for administrative affairs. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Matters necessary for the methods, etc. for examination of lists of administrative information under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 28, 2014> |
| Article 37 (Administrative Information-Sharing Center) |
| (1) | In order to ensure the effective sharing of administrative information, the Minister of the Interior and Safety may establish an Administrative Information-Sharing Center (hereinafter referred to as the "Sharing Center") under his or her jurisdiction to implement policies necessary to share administrative information, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Any agency through administrative data matching pursuant to Article 36 (2) shall share such information through the Sharing Center unless good cause exists. |
| Article 38 (Administrative Information Subject to Sharing) |
| (1) | Administrative information that can be shared through the Sharing Center pursuant to Articles 36 and 37 shall be as follows: |
| 1. | Administrative information necessary to process civil petitions, etc.; |
| 2. | Administrative information that can be used as reference to carry out administrative affairs, such as statistical information, bibliographic information, and policy information; |
| 3. | Administrative information deemed essential by an administrative agency, etc. to carry out its official duties prescribed by statutes or regulations, etc. |
| (2) | Administrative information related to national security of the State, administrative information classified as confidential under any statutes or regulations, or any similar administrative information may be excluded from information subject to sharing. |
| (3) | Each agency in possession of administrative information shall ensure that it provides the most up-to-date and accurate administrative information for sharing. |
| (4) | Administrative information shall be shared to the extent necessary for satisfying the specific purpose of its use. |
| (5) | The type, scope, category, etc. of information subject to sharing in the scope of administrative information under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 39 (Applications for Through Administrative Data Matching and Approvals therefor) |
| (1) | Any agency intending to use administrative information through the Sharing Center pursuant to Article 37 (2) shall apply for the sharing of administrative information to the Minister of the Interior and Safety by specifying the administrative information to be subject to sharing and the scope thereof, the purpose and method of sharing, the agency in possession of such administrative information, etc., as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Upon receipt of an application for the sharing of administrative information under paragraph (1), the Minister of the Interior and Safety may approve such application by specifying conditions for sharing, etc. as prescribed by Presidential Decree: Provided, That he or she shall not approve an application for sharing in any of the following cases: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where the administrative information, the sharing of which has been applied for, is defined as confidential or non-disclosable by any other Act or an order delegated by such other Act (limited only to the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, the Board of Audit and Inspection Regulations, Presidential Decrees, ordinances of the Prime Minister, Ministerial ordinances, and municipal ordinances and rules); |
| 2. | Where the administrative information, the sharing of which has been applied for, is related to the guarantee of national security or the national defense, unification of the two Koreas, diplomatic relations, etc. and deemed likely to significantly harm the material national interest if it is so shared; |
| 3. | Where the administrative information, the sharing of which has been applied for, is deemed as unnecessary for the performance of inherent duties of the agency that has applied for the sharing (hereinafter referred to as "applicant agency"); |
| 4. | Other cases deemed likely to defeat the purpose of through administrative data matching under this Act or the security and reliability of administrative information prescribed by Presidential Decree. |
| (3) | The Minister of the Interior and Safety shall, prior to the grant of the approval pursuant to paragraph (2), obtain the consent of the head of the agency holding relevant administrative information, and in such cases, the head of the agency holding relevant administrative information shall cooperate in through administrative data matching, unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where administrative information that an applicant agency intends to share is a personal information file described in Article 32 of the Personal Information Protection Act, the Minister of the Interior and Safety shall grant the approval therefor pursuant to paragraph (2) after deliberation and resolution by the Personal Information Protection Committee referred to in Article 7 of the said Act: Provided, That this shall not apply where otherwise provided for in any other Act. <Amended on Mar. 29, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety may approve the sharing of administrative information by simplifying or skipping the procedures described in paragraphs (1) through (4), in either of the following cases: <Amended on Mar. 23, 2013; Nov. 19, 2014; Aug. 11, 2015; Jul. 26, 2017> |
| 1. | Where, with regard to an administrative affair, the sharing of which has already been approved, a simple change in its name, department in charge, etc. is to be made due to enactment or amendment of statutes or regulations; |
| (6) | Where an administrative affair subject to sharing is an affair common to several administrative agencies, etc. as prescribed by statutes and regulations, the Minister of the Interior and Safety may approve the sharing of such administrative affair among all the agencies handling such affair, even though no separate application therefor is filed by individual agencies. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (7) | Each agency that has obtained approval pursuant to paragraph (2) shall designate any of the following persons to operate the relevant business as prescribed by Presidential Decree: |
| 1. | A person with the right to engage in overall management of matters related to the sharing in the relevant agency; |
| 2. | A person with the right to grant authority to access administrative information to responsible persons in the relevant agency; |
| 3. | A person with the right to access relevant work and administrative information processed by such sharing. |
| Article 40 (Constructive Review, Approval, and Consultations) |
| (1) | Where an applicant agency has obtained approval for sharing pursuant to Article 39 (2) with regard to administrative information set forth in the main clauses of the provisions referred to in each of the following subparagraphs, it shall be deemed capable of providing such administrative information to the applicant agency pursuant to the provisos to the corresponding provisions: <Amended on Jan. 28, 2014; Dec. 27, 2016> |
| (2) | Where an applicant agency has obtained approval to share administrative information pursuant to Article 39 (2) and such administrative information contains any of the following, the following review, approval, consultations, etc. corresponding thereto shall be deemed done, obtained, or provided for such administrative information: <Amended on Apr. 12, 2011; May 20, 2014; Jun. 3, 2014; Feb. 4, 2020> |
| 2. | Review, approval, or consultation with regard to the use or utilization of computerized data on registration as prescribed in Article 13 (1) of the Act on the Registration of Family Relationships; |
| Article 41 (Withdrawal or Suspension of Approval for Through Administrative Data Matching) |
| (1) | Where an agency using administrative information after obtaining the approval for sharing pursuant to Article 39 (2) (hereinafter referred to as "user agency") or an employee belonging to such agency falls under any of the following, the Minister of the Interior and Safety may withdraw the approval granted to the relevant user agency: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where the agency or employee violates the conditions for sharing determined pursuant to Article 39 (2); |
| 2. | Where an event corresponding to any of the subparagraphs of Article 39 (2) arises after the agency files an application for sharing; |
| 3. | Where the agency or employee commits a prohibited act under Article 35 or violates the duty to comply under Article 74; |
| 4. | Other cases similar to subparagraphs 1 through 3 where there is any unavoidable reason to justify prohibiting the sharing of administrative information, as prescribed by Presidential Decree. |
| (2) | Where it is deemed that a reason falling under any of the subparagraphs of paragraph (1) arises temporarily, the Minister of the Interior and Safety may temporarily suspend the relevant user agency's sharing of administrative information until the cause for the event is settled, notwithstanding paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where any user agency through administrative data matching or any employee belonging to such agency falls under any of the subparagraphs of paragraph (1), an agency in possession of such administrative information may request the Minister of the Interior and Safety to withdraw the approval granted to the relevant agency for the sharing of administrative information under its jurisdiction or to temporarily suspend the relevant user agency's sharing of such information. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where the Minister of the Interior and Safety withdraws the approval for the sharing of administrative information under paragraph (1) or suspends such sharing under paragraph (2), he or she shall notify the relevant user agency and the agency in possession of such administrative information of the detailed grounds therefor. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Matters necessary for the withdrawal or suspension of through administrative data matching, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 42 (Prior Consent of Information Subjects) |
| (1) | When any user agency shares administrative information containing personal information through the Sharing Center, it shall obtain the prior consent of the information subject as defined in subparagraph 3 of Article 2 of the Personal Information Protection Act (hereinafter referred to as "information subject") so that he or she is aware of the following matters. In such cases, the consent under Article 18 (2) 1, subparagraph 1 of Article 19 or Article 24 (1) 1 shall be deemed obtained. <Amended on Mar. 29, 2011; Jan. 28, 2014> |
| 1. | The purpose of sharing the information; |
| 2. | The administrative information subject to sharing and the scope of sharing; |
| 3. | The name of the user agency sharing the information. |
| (2) | Notwithstanding paragraph (1), where it is impossible for a user agency to obtain prior consent from the information subject or it is deemed improper to obtain such prior consent in any of the following cases, the user agency shall make the matters listed in the subparagraphs of paragraph (1) known to the information subject after the relevant administrative information is shared, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree: Provided, That where a user agency shares administrative information for a criminal investigation in the case of subparagraph 3, it shall make those listed in the subparagraphs of paragraph (1) known to the information subject on or after the date public prosecution is initiated or a decision not to book, a decision not to transfer the case, or a disposition not to prosecute [excluding a stay of investigation (limited to a stay of investigation due to absent suspect) and a decision to suspend indictment) is made with regard to the relevant case: <Amended on Mar. 23, 2021> |
| 1. | Where sharing the relevant information is urgently required to protect the life or body of the information subject; |
| 2. | Where sharing the relevant information is unavoidable to impose a duty on the information subject or revoke or withdraw any right or interest of the information subject pursuant to any statutes or regulations; |
| 3. | Where sharing the relevant information is unavoidable to perform affairs related to sanctions on the information subject who has violated any statutes or regulations, such as investigation or punishment of the information subject; |
| 4. | Other cases deemed considerably improper to obtain the consent of the information subject in performing affairs stipulated by statutes or regulations, in consideration of the nature of the relevant affairs or information, as prescribed by Presidential Decree. |
| (3) | The Minister of the Interior and Safety shall disclose the detailed scope of affairs and administrative information that can be shared without the prior consent of the information subject pursuant to paragraph (2), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 43 (Rights of Information Subjects to Request Access) |
| (1) | Any information subject may apply to the Minister of the Interior and Safety or the head of the relevant user agency for access to the following matters with regard to the administrative information about him or herself, among the information shared through the Sharing Center: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 2. | The purpose of sharing the information; |
| 3. | The type of the information shared; |
| 4. | The time of sharing the information; |
| 5. | Legal grounds for sharing the administrative information. |
| (2) | Upon receipt of an application filed by an information subject under paragraph (1), the Minister of the Interior and Safety and the head of each user agency shall notify the information subject about the matters listed in the subparagraphs of paragraph (1) within 10 days from the date of filing an application, unless any good reason exists. In such cases, if there is any good reason making it impossible to give notice within 10 days, he or she shall notify without delay when the relevant reason ceases to exist. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where a user agency shares administrative information for a criminal investigation in cases under paragraph (2), it shall notify the information subject thereof within 30 days of the date public prosecution is initiated or a decision not to book, a decision not to transfer the case, or a disposition not to prosecute [excluding a stay of investigation (limited to a stay of investigation due to absent suspect) and a decision to suspend indictment) is made with regard to the relevant case. <Amended on Mar. 23, 2021> |
| (4) | If a user agency fails to give notice under paragraph (2), the information subject may directly apply to the Minister of the Interior and Safety for access to the matters listed in the subparagraphs of paragraph (1) related to him or herself, among the information shared by the user agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Matters necessary for the procedures for the access, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
| (6) | The Minister of the Interior and Safety shall keep, manage, and disclose records related to the administrative information shared through the Sharing Center, such as its title and frequency of sharing, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 44 (Charges for Through Administrative Data Matching) |
| (1) | Any agency that provides administrative information through the Sharing Center may charge fees therefor, to the agency that uses the information. |
| (2) | Matters necessary for the subject matters and scope of the charges for providing administrative information under paragraph (1) and other relevant matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
CHAPTER V STRENGTHENING OPERATIONAL BASIS FOR ELECTRONIC GOVERNMENT
SECTION 1 Introduction and Utilization of Information Technology Architecture
| Article 45 (Formulation of Master Plan for Information Technology Architecture) |
| (1) | The Minister of the Interior and Safety shall formulate a master plan to introduce and disseminate an information technology architecture (hereinafter referred to as the "Master Plan") in a systematic manner in consultation with the heads of related administrative agencies, etc. <Amended on Mar. 23, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall formulate a pan-Governmental information technology architecture in compliance with the Master Plan. <Amended on Mar. 23, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall establish and publish guidelines for the introduction and operation of an information technology architecture as well as the construction and operation of an information system, and the head of each administrative agency, etc. shall comply with such guidelines. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety shall formulate policies for interlinking an information technology architecture with related systems, such as budgets and performance, and for developing them in consultation with the heads of related central administrative agencies, and the head of each administrative agency, etc. shall endeavor to reflect such policies in any work under his or her jurisdiction, except under exceptional circumstances. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 46 (Introduction and Operation of Information Technology Architecture for each Agency) |
| (1) | The head of each administrative agency, etc. prescribed by Presidential Decree (hereinafter referred to as "agency to introduce an architecture") shall formulate a plan for the introduction of an information technology architecture and submit such plan to the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The head of each agency to introduce an architecture shall introduce and operate the information technology architecture in accordance with the plan under paragraph (1) and maintain and develop the architecture, to ensure the efficient work processing and facilitation of informatization in the relevant agency. |
| Article 47 (Facilitating Introduction and Operation of Information Technology Architecture) |
| (1) | In order to facilitate the introduction and operation of an information technology architecture, the Minister of the Interior and Safety may develop and disseminate a reference model for an information technology architecture jointly usable by administrative agencies, etc. (referring to a model for securing consistency, compatibility, etc. by defining the components of an information technology architecture in line with the standardized classification system and format; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may provide administrative agencies, etc. seeking to introduce and operate an information technology architecture, with technology relating to the introduction and operation of such architecture, education and training, and other necessary assistance, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | In order to make information relating to an information technology architecture available to every administrative agency, etc., the Minister of the Interior and Safety shall establish and operate a system for managing and providing information relating to the reference model, pan-Governmental information technology architecture, the current status of implementation and operation of the information technology architecture for each agency, and other relevant matters. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may recommend that the private sector in close relationship with an administrative agency, etc., which establishes or operates an information system in connection with the information system of administrative agency, etc., implement and operate an information technology architecture. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 48 (Re-Design of Work Processes Compatible with Information and Communications Technologies) |
| (1) | When the head of each administrative agency, etc. introduces information and communications technologies to any work under his or her jurisdiction, he or she shall re-design its pre-existing organization, placement of manpower, work processes, etc. in a manner compatible with the implementation of the information and communications technologies, and shall implement such re-design. |
| (2) | If the scope of work process re-designed pursuant to paragraph (1) involves work of two or more administrative agencies, etc., the head of a relevant administrative agency, etc. may request the heads of related administrative agencies, etc. to cooperate in such re-design, and the heads of related administrative agencies, etc. so requested shall comply with such request, except under exceptional circumstances. |
| (3) | The head of each administrative agency, etc. shall, if necessary, readjust statutes or regulations and systems relevant to work under his or her jurisdiction in accordance with the re-design of work processes under paragraphs (1) and (2) and may request improvement of Acts, subordinate statutes, and systems under jurisdiction of other administrative agencies, etc. |
SECTION 2 Laying Groundwork for Efficient Management of Information Resources
| Article 49 (Technical Evaluations for Securing Interoperability) |
| (1) | When the head of an administrative agency, etc. intends to undertake a project to build an information system, the characteristics and the project size of which meet the criteria prescribed by Presidential Decree, he or she shall conduct technical evaluations of each of the following in accordance with the guidelines under Article 45 (3) before confirming the project plan: |
| 1. | Interoperability of the information system; |
| 3. | Efficiency of the information system; |
| 4. | Technical convenience of access to information; |
| 5. | Technical suitability of establishment and operation of the information system. |
| (2) | The head of an administrative agency, etc. may, if necessary, allow an agency meeting the qualifications prescribed by Presidential Decree to conduct technical evaluations under paragraph (1) before formulating the project plan. |
| Article 50 (Standardization) |
The head of each central agency responsible for administrative affairs may take necessary measures for the standardization of official electronic documents, administrative codes, and computers and other devices commonly used by administrative agencies, etc., as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree.
| Article 51 (Designation and Utilization of Services for Sharing) |
| (1) | The head of a central agency responsible for administrative affairs may designate, modify, or revoke standardized information resources that can be utilized by multiple administrative agencies, etc. or the private sector (hereinafter referred to as "services for sharing"), among the information resources held by administrative agencies, etc., in consultation with the heads of related administrative agencies, etc. and may find and select outstanding information resources among them and distribute such resources to other administrative agencies, etc. |
| (2) | The head of a central agency responsible for administrative affairs may build and operate a system to manage services for sharing to facilitate the efficient distribution and utilization of such services. |
| (3) | The head of each administrative agency, etc. shall prioritize utilizing the services for sharing designated under paragraph (1) in building its information system, and register services that can be utilized by other administrative agencies, etc. or the private sector, among the services developed by the agency, with the system to manage services for sharing under paragraph (2) and continue to manage them. |
| (4) | Any agency developing and distributing outstanding information resources may charge fees therefor to the agency that uses the information resources. |
| (5) | The head of each central agency responsible for administrative affairs shall formulate policies for distributing and disseminating services for sharing. |
| (6) | Detailed matters concerning the provisions of paragraphs (1) through (5) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 52 (Establishment of Information and Communications Networks) |
| (1) | The head of each central agency responsible for administrative affairs shall formulate a plan for the establishment and operation of an information and communications network through which administrative agencies, etc. are integrated and interlinked, in consultation with the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | When the head of an administrative agency, etc. intends to establish and operate an information and communications network, he or she shall design and operate such network in a manner that can be linked to the information and communications networks of other administrative agencies, etc. to ensure the efficient operation of the networks and the smooth flow of various kinds of administrative information. |
| (3) | The Minister of the Interior and Safety shall establish and implement a system for the use of information and communications services, necessary to enable administrative agencies, etc. to use information and communication networks at a minimum cost. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 53 (Formulation of Plans for Fostering Experts on Informatization) |
| (1) | The head of a central agency responsible for administrative affairs may formulate and promote plans for fostering experts on informatization, developing experts on informatization, qualification systems, etc. with the aim of enhancing informatization capability of public officials and facilitating the efficient management of information resources. |
| (2) | The head of each central administrative agency and the head of each local government shall formulate and implement its own action plan in accordance with the plans for fostering experts on informatization referred to in paragraph (1). |
| (3) | Matters necessary for the development of experts on informatization, etc. other than those provided for in paragraphs (1) and (2) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 54 (Integrated Management of Information Resources) |
| (1) | The head of each administrative agency, etc. shall systematically prepare and manage the current status of the information resources possessed by the relevant agency and statistical data thereon (hereinafter referred to as "current status of information resources, etc."). |
| (2) | The Minister of the Interior and Safety may survey the demand for informatization in order to facilitate the sharing of information resources between administrative agencies, etc. and their efficient management, and may establish integrated standards, principles, etc. for information resources (hereinafter referred to as "standards for integrating information resources") for the comprehensive integration and management of information resources. <Amended on Mar. 23, 2013; Jan. 28, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for the preparation and management of the current status of information resources, etc., matters to be included in the standards for integrating information resources, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 55 (Establishment and Operation of Local Information Integration Centers) |
| (1) | A local government may establish and operate a Local Information Integration Center to efficiently manage information resources and promote informatization at the local level on an integrated basis and may, if necessary, establish and operate the Local Information Integration Center together with the State or any other local government or governments. |
| (2) | The State may provide administrative, financial, technical, and other necessary assistance in establishing and operating the Local Information Integration Centers referred to in paragraph (1). |
| (3) | The head of a local government intending to establish a Local Information Integration Center shall have prior consultation with the Minister of the Interior and Safety to prevent duplicative investment, etc., pursuant to Article 67 (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters necessary for the establishment and operation of the Local Information Integration Centers, other than those provided for in paragraphs (1) through (3), shall be prescribed by Presidential Decree. |
SECTION 3 Improving Safety and Reliability of Information Systems
| Article 56 (Formulation and Implementation of Security Measures for Information and Communications Networks) |
| (1) | The National Assembly, the Judiciary, the Constitutional Court, the National Election Commission, and the Executive Branch shall prepare security measures for ensuring the safety and reliability of information and communications networks, administrative information, etc. necessary for the realization of electronic government. |
| (2) | The head of each administrative agency shall formulate and implement security measures for information and communications networks, administrative information, etc. under his or her jurisdiction in conformity with the security measures under paragraph (1). |
| (3) | The head of each administrative agency shall take security measures, the safety of which has been confirmed by the Director of the National Intelligence Service, to prevent electronic documents from being forged, altered, damaged, or leaked in the course of preserving and circulating electronic documents through an information and communications network, and the Director of the National Intelligence Service may conduct an inspection to ensure such measures have been taken. |
| (4) | Paragraph (3) shall be applicable to an agency responsible for processing administrative affairs of the National Assembly, the Judiciary, the Constitutional Court, or the National Election Commission, only if the head of the agency deems it necessary to take such measures: Provided, That the head of the agency shall, when he or she deems it unnecessary, take security measures similar to those provided for in paragraph (3). |
| Article 56-2 (Prevention of and Responses to Information System Failures) |
| (1) | The head of each administrative agency shall formulate measures for preventing and responding to system failures for the stable operation and management of the information systems belonging to the relevant agency and the agencies under its jurisdiction. |
| (2) | Matters necessary for the prevention of and response to system failures under paragraph (1), shall be prescribed by National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 57 (Supervision of Information Systems in Administrative Agencies) |
| (1) | The head of each administrative agency, etc. shall request a supervisory corporation under Article 58 (1) to supervise its information system, the characteristics and the project size of which meet the criteria prescribed by Presidential Decree: Provided, That the same shall not apply to electronic government projects prescribed by Presidential Decree the management of which is entrusted under Article 64-2. <Amended on Jan. 28, 2014> |
| (2) | The head of each administrative agency, etc. shall, with regard to a project subject to supervision, allow his or her employees and the business operator constructing the relevant information system to provide necessary assistance to supervisors in performing their duties, and shall not intervene in, nor interfere with, their work without good cause. |
| (3) | The head of each administrative agency, etc. shall, with regard to a project subject to supervision under paragraph (1), allow the business operator constructing the relevant information system to reflect the results of the supervision in the project. |
| (4) | Notwithstanding paragraph (1), the head of an agency dealing with information prescribed by Presidential Decree, such as information for guaranteeing national security, may allow an institution determined by the head of the agency to supervise its information system. |
| (5) | The Minister of the Interior and Safety shall determine and publicly announce standards necessary for carrying out supervision of information systems, such as the scope of supervision, procedures for supervision, matters to be observed, etc. (hereinafter referred to as "supervision standards"): Provided, That for matters relating to the security of information systems, he or she shall consult in advance with the heads of relevant agencies. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | A corporation or institution carrying out supervision pursuant to paragraphs (1) and (4) shall verify whether the relevant information system is being developed and constructed appropriately, in compliance with the supervision standards. |
| (7) | The scope of duty of a corporation or institution carrying out supervision pursuant to paragraph (6), procedures for supervision, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 58 (Registration of Supervisory Corporations) |
| (1) | Any person intending to carry out supervision of an information system shall register himself or herself with the Minister of the Interior and Safety as a corporation after meeting requirements prescribed by Presidential Decree, such as technical and financial capability and other matters necessary for supervision of an information system. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | When a corporation registered under paragraph (1) (hereinafter referred to as "supervisory corporation") intends to modify any registered matters, he or she shall report such modification to the Minister of the Interior and Safety in advance: Provided, That this shall not apply to modification of any insignificant matters prescribed by Presidential Decree, such as modification of equity capital within the extent of registration requirements. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for the registration of supervisory corporations, modification of registered matters, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 59 (Matters to be Observed by Supervisory Corporations) |
| (1) | Each supervisory corporation shall require supervisors under Article 60 (1) to perform supervisory duties. |
| (2) | No supervisory corporation shall prepare a false report on supervision, and it shall carry out supervision of information systems in good faith. |
| (3) | No supervisory corporation shall allow another person to carry out supervision of information systems using its own name. |
| (1) | Any person intending to work as a supervisor shall meet specific requirements for qualification prescribed by Presidential Decree, such as technical requirements for each grade, and shall receive education necessary for performing supervisory duties, as prescribed by Presidential Decree. |
| (2) | The Minister of the Interior and Safety shall issue supervisor's certificates to persons satisfying the requirements for qualification under paragraph (1) and manage those certificates, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | No supervisor shall allow another person to perform supervisory duties using his or her own name, or lend his or her supervisor's certificate to another person. |
| Article 61 (Disqualification of Supervisory Corporations) |
| (1) | No corporation with either of the following persons serving as its executive officer shall be registered as a supervisory corporation under Article 58 (1): <Amended on Jan. 28, 2014> |
| 1. | A person under adult guardianship or limited guardianship; |
| 2. | An executive officer of a supervisory corporation of which registration has been revoked pursuant to Article 62, for whom two years have not elapsed from the date the registration was revoked (referring to a person who has committed an act constituting a cause for such revocation and its representative). |
| (2) | No person corresponding to paragraph (1) 1 shall become a supervisor under Article 60. |
| (3) | Matters necessary to confirm grounds for disqualification of supervisory corporations, etc. shall be prescribed by Presidential Decree. |
| Article 62 (Revocation of Registration of Supervisory Corporations) |
| (1) | When any supervisory corporation falls under any of the following subparagraphs, the Minister of the Interior and Safety may revoke its registration or order suspension of its business for a prescribed period not exceeding one year: Provided, That he or she shall revoke the registration of a supervisory corporation where it falls under subparagraphs 1 through 3 or subparagraph 10: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where he or she registers business by fraud or other improper means; |
| 2. | Where it has been subject to a disposition for suspension of business on at least three occasions for the last three years; |
| 3. | Where it carries out supervision of an information system during the period of suspension of business: Provided, That this shall not apply where it carries out supervision during the period of suspension of business pursuant to Article 63; |
| 4. | Where it carries out supervision in breach of the supervision standards, in violation of Article 57 (6); |
| 5. | Where it falls short of the requirements for registration under Article 58 (1); |
| 6. | Where it fails to report, or falsely reports, modified matters under Article 58 (2); |
| 7. | Where it allows persons other than supervisors to perform supervisory duties, in violation of Article 59 (1); |
| 8. | Where it prepares a false report on supervision, in violation of Article 59 (2); |
| 9. | Where it allows another person to carry out supervision of information systems using its own name, in violation of Article 59 (3); |
| 10. | Where any of its executive officers falls under a ground for disqualification provided for in Article 61 (1): Provided, That this shall not apply where it appoints another executive officer instead of the relevant executive within six months of the date such executive officer falls under disqualification requirements. |
| (2) | The Minister of the Interior and Safety shall hold a hearing if he or she intends to revoke the registration pursuant to paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for the standards and procedures for dispositions under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree. |
| Article 63 (Continuance of Business of Supervisory Corporations on which Disposition of Revocation of Registration has been Imposed) |
| (1) | Any supervisory corporation on which a disposition of revocation of registration or suspension of business has been imposed pursuant to Article 62 (1) may continue to perform its supervisory duties under a contract concluded before the relevant disposition was imposed. In such cases, the supervisory corporation shall, without delay, notify the relevant person awarding the contract of the details of such disposition. |
| (2) | Where a person awarding a contract for the supervision of an information system is notified pursuant to paragraph (1) or learns the fact that revocation of registration or suspension of business has been imposed on the relevant supervisory corporation, he or she may terminate the contract only within 30 days from the date he or she learns such fact, except under exceptional circumstances. |
CHAPTER VI PROMOTION OF POLICIES FOR REALIZATION OF ELECTRONIC GOVERNMENT
| Article 64 (Promotion of and Support for Electronic Government Projects) |
| (1) | The head of each administrative agency, etc. shall actively pursue projects for the realization, operation, and development of electronic government (hereinafter referred to as "electronic government projects"). |
| (2) | The Minister of the Interior and Safety may provide the heads of administrative agencies, etc. with administrative, financial, technical, or other support necessary to help them efficiently pursue electronic government projects. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for the selection and management of electronic government projects supported under paragraph (2) (hereinafter referred to as "supported electronic government projects"), and other relevant matters shall be prescribed by Presidential Decree. |
| Article 64-2 (Entrustment of Management of Electronic Government Projects) |
| (1) | In order to efficiently implement electronic government projects, the heads of administrative agencies, etc. may entrust all or part of their business concerning the management and supervision of any of the following projects (hereinafter referred to as "management of electronic government projects") to a person equipped with expertise and technical capacity, and the specific scope of electronic government projects which may be entrusted and the qualifications of a person eligible for being entrusted with the management of electronic government projects shall be prescribed by Presidential Decree: |
| 1. | Projects that significantly affect the efficiency in public services and public administration; |
| 2. | Projects that require special management because of a high level of difficulty; |
| 3. | Other cases where the heads of administrative agencies, etc. deem it necessary to entrust the management of electronic government projects. |
| (2) | When the head of an administrative agency selects a person to whom he or she intends to entrust the management of electronic government projects (hereinafter referred to as "manager of electronic government projects") pursuant to paragraph (1), he or she shall take into consideration human resources capable of managing such projects, a plan for conducting business, the past records of management of electronic government projects, etc., and detailed criteria for the selection shall be prescribed by Presidential Decree. |
| (3) | No manager of electronic government projects shall give advice to anyone to have relevant electronic government projects subcontracted to him or herself or his or her affiliated company (referring to an affiliated company defined under subparagraph 3 of Article 2 of the Monopoly Regulation and Fair Trade Act). |
| (4) | Where the head of an administrative agency entrusts the management of electronic government projects, he or she shall submit data about relevant electronic government projects, entrusted services, and performance of such services to the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety may determine and publicly notify matters necessary for the management of electronic government projects, including the guidelines for the calculation of fees for the entrustment under paragraph (1) and the submission of data under paragraph (4). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Apr. 5, 2013]
| Article 64-2 (Entrustment of Management of Electronic Government Projects) |
| (1) | In order to efficiently implement electronic government projects, the heads of administrative agencies, etc. may entrust all or part of their business concerning the management and supervision of any of the following projects (hereinafter referred to as "management of electronic government projects") to a person equipped with expertise and technical capacity, and the specific scope of electronic government projects which may be entrusted and the qualifications of a person eligible for being entrusted with the management of electronic government projects shall be prescribed by Presidential Decree: |
| 1. | Projects that significantly affect the efficiency in public services and public administration; |
| 2. | Projects that require special management because of a high level of difficulty; |
| 3. | Other cases where the heads of administrative agencies, etc. deem it necessary to entrust the management of electronic government projects. |
| (2) | When the head of an administrative agency selects a person to whom he or she intends to entrust the management of electronic government projects (hereinafter referred to as "manager of electronic government projects") pursuant to paragraph (1), he or she shall take into consideration human resources capable of managing such projects, a plan for conducting business, the past records of management of electronic government projects, etc., and detailed criteria for the selection shall be prescribed by Presidential Decree. |
| (3) | No manager of electronic government projects shall give advice to anyone to have relevant electronic government projects subcontracted to him or herself or his or her affiliated company (referring to an affiliated company defined under subparagraph 12 of Article 2 of the Monopoly Regulation and Fair Trade Act). <Amended on Dec. 29, 2020> |
| (4) | Where the head of an administrative agency entrusts the management of electronic government projects, he or she shall submit data about relevant electronic government projects, entrusted services, and performance of such services to the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety may determine and publicly notify matters necessary for the management of electronic government projects, including the guidelines for the calculation of fees for the entrustment under paragraph (1) and the submission of data under paragraph (4). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Apr. 5, 2013]
[Enforcement Date: Dec. 30, 2021] Article 64-2
| Article 64-3 (Liability of Manager of Electronic Government Projects) |
The manager of electronic government projects shall be liable for any loss or damage suffered by a person from or in connection with his or her placing an order, which has been inflicted due to breach of contract or by intent or negligence in the course of the management of electronic government projects.
[This Article Newly Inserted on Apr. 5, 2013]
| Article 65 (Promotion of and Support for Local Informatization Projects) |
| (1) | The State and a local government may pursue the following local informatization projects with the aim of enhancing regional competitiveness and improving the quality of life for local residents: |
| 1. | Development and dissemination of local information services covering the history, culture, welfare, environment, etc. of the relevant region; |
| 2. | Construction of information systems and laying the foundations for informatization of the relevant region; |
| 3. | Intensive support for regions lagging behind in informatization; |
| 4. | Efficient management of information resources, such as integrated management of information systems and information services; |
| 5. | Other matters necessary for local informatization. |
| (2) | A local government may pursue a local informatization project under paragraph (1) in collaboration with central administrative agencies or other local governments, if it is necessary to prevent duplicative investment, etc. |
| (3) | The State and a local government may establish and operate a commonly applicable operating foundation for the efficient provision of services through integrated linkage between the public and private sector information systems in the relevant region. In such cases, they shall prepare measures to prevent unlawful access to information networks and other protective measures. |
| (4) | In order to pursue local informatization projects under paragraphs (1) through (3), the State may provide administrative, financial, technical, and other necessary support, as prescribed by Presidential Decree. |
| (5) | Matters necessary for the promotion of and support for local informatization projects, other than those provided for in paragraphs (1) through (4), shall be prescribed by Presidential Decree. |
| Article 66 (Promotion of Pilot Projects) |
| (1) | The head of an administrative agency, etc. may promote a pilot project if necessary for the realization, operation, and development of electronic government and the facilitation of efficient informatization at the local level. |
| (2) | Matters necessary for the implementation of pilot projects shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 67 (Prior Consultation) |
| (1) | When the head of an administrative agency, etc. intends to pursue an electronic government project or local informatization project for interconnection or sharing with other administrative agencies, etc., he or she shall have prior consultation with the heads of central agencies responsible for administrative affairs to prevent duplicative investment, etc.: Provided, That the local informatization projects being pursued by the head of a Si/Gun/Gu (referring to an autonomous Gu) shall be subject to consultation with the competent Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor. <Amended on Jan. 28, 2014> |
| (2) | The head of each administrative agency, etc. shall reflect the results of prior consultations held under paragraph (1), in the course of pursuing the relevant project. |
| (3) | Matters necessary for projects subject to prior consultation, the methods and procedures therefor, and other relevant matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 68 (Analysis and Examination of Performance) |
| (1) | The head of each central agency responsible for administrative affairs shall conduct comprehensive analysis and examination of the results and performance of major projects prescribed by Presidential Decree, such as projects concerning electronic government and local informatization which relate to multiple administrative agencies, etc., as well as the status of administrative information sharing, submit the results thereof to the National Assembly, and reflect such results in its business plan, etc. for the next year. <Amended on Mar. 23, 2013> |
| (2) | The Minister of the Interior and Safety shall, every year, analyze and examine the current status and outcomes of the introduction and operation of information technology architectures under Article 46 (2) and shall reflect the results thereof in the Master Plan. <Amended on Mar. 23, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for the analysis and examination of outcomes under paragraphs (1) and (2) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 69 (Cooperation in Submission of Materials) |
| (1) | If necessary for performing business affairs provided for in this Act, the head of a central agency responsible for administrative affairs may request the head of any related administrative agency, etc. to submit data, etc. for investigating the current conditions. |
| (2) | The head of each related administrative agency, etc. shall actively cooperate with the request for submitting data under paragraph (1). |
| (3) | The head of a central agency responsible for administrative affairs may provide statistical data, etc. collected pursuant to paragraph (1) upon receipt of a request of the head of any other administrative agency, etc. |
| Article 70 (International Collaboration for Electronic Government) |
| (1) | The head of each central agency responsible for administrative affairs shall stay informed of international trends in electronic government and improve the international competitiveness of electronic government through international collaboration. |
| (2) | The head of a central agency responsible for administrative affairs may carry out the following activities: |
| 1. | Collaboration with international organizations and foreign governments in connection with electronic government; |
| 2. | Management of an international rating index with regard to electronic government; |
| 3. | Other matters prescribed with regard to international collaboration for electronic government by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| (3) | The head of a central agency responsible for administrative affairs may request the head of a related administrative agency, etc. to cooperate in connection with international collaboration for electronic government, and the head of the related administrative agency, etc. so requested shall comply with such request, except for exceptional circumstances. |
| Article 71 (Designation of Specialized Institutions) |
| (1) | The head of a central agency responsible for administrative affairs may designate specialized institutions to entrust them with business affairs in order to comprehensively and efficiently conduct the following affairs assigned to each agency: <Amended on Apr. 5, 2013> |
| 1. | Affairs related to the development, provision, and promotion of the use of electronic government services; |
| 2. | Affairs related to the sharing of administrative information; |
| 3. | Affairs related to the introduction and utilization of an information technology architecture; |
| 4. | Affairs related to research on and improvement of the supervision system; |
| 5. | Research on the entrustment of the management of electronic government projects under Article 64-2 (1) and on the improvement therein; |
| 6. | Affairs related to the promotion of and assistance in supported electronic government projects and local informatization projects; |
| 7. | Other affairs prescribed for the realization, operation, and development of electronic government by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| (2) | The head of a central agency responsible for administrative affairs may contribute or subsidize funds within budgetary limits as necessary for the performance of the affairs specified in paragraph (1) to the relevant specialized agency. |
| (3) | Professional characteristics of the relevant affairs, etc. shall be considered in designating a specialized institution, and necessary matters concerning requirements, methods, and procedures for the designation of specialized institutions and other relevant matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 72 (Establishment of Korea Local Information Research and Development Institute) |
| (1) | At least two local governments may jointly establish a Korea Local Information Research and Development Institute (hereinafter referred to as the "Development Institute") to jointly pursue informatization projects under their control. |
| (2) | The Development Institute shall be a corporation. |
| (3) | The Development Institute shall perform the following affairs: |
| 1. | Assistance in informatization projects being pursued by local governments for the realization of electronic government and the facilitation of local informatization; |
| 2. | Administrative affairs entrusted by a related central administrative agency or a local government in connection with the promotion of informatization of local governments; |
| 3. | Survey, research, education, and training to facilitate informatization of local governments; |
| 4. | Other projects determined by Presidential Decree for the facilitation of local informatization. |
| (4) | The head of an administrative agency, etc. may entrust the Development Institute with the affairs assigned to the agency in order to efficiently pursue local informatization projects. |
| (5) | A local government may contribute funds to the Development Institute so that it can be appropriated for the establishment, installation of facilities, and operation of the Development Institute, and the State may provide support as necessary for the Development Institute's smooth performance of duties. |
| (6) | The Development Institute may request an administrative agency, etc. to wholly or partially bear expenses incurred in providing its services. |
| (7) | Except as provided in this Act, provisions regarding incorporated foundations of the Civil Act shall apply mutatis mutandis to the Development Institute. |
| (8) | Matters necessary for the promotion and support of local informatization by the Development Institute and other relevant matters shall be prescribed by Presidential Decree. |
| Article 73 (Delegation and Entrustment of Authority) |
| (1) | The head of a central agency responsible for administrative affairs may delegate part of his or her authority under this Act to heads of affiliates under his or her control or the Special Metropolitan City Mayor, Metropolitan City Mayors, and Do Governors or may entrust such authority to the head of any other administrative agency, etc., as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| (2) | The head of a central agency responsible for administrative affairs may entrust to any related corporation or organization some of its affairs under this Act, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. |
| Article 74 (Prevention of Divulgence of Confidential Information) |
No person who was or is engaged in any of the following duties shall, without good cause, divulge to a third party any confidential information he or she acquires while performing his or her duties or steal such confidential information: <Amended on Apr. 5, 2013>
| 1. | An administrative duty for which through administrative data matching is required; |
| 3. | A duty of managing an electronic government project entrusted pursuant to Article 64-2 (1). |
| Article 75 (Legal Fiction as Public Official in Application of Penalty Provisions) |
| 1. | A person engaged in work relating to the sharing of administrative information; |
| 2. | A person working for an agency that receives administrative information (limited to persons relating to the sharing of administrative information); |
| 3. | A supervisor performing supervisory duties; |
| 4. | A person in charge of managing an electronic government project entrusted pursuant to Article 64-2 (1). |
CHAPTER VII PENALTY PROVISIONS
| Article 76 (Penalty Provisions) |
| (1) | Any person who forges, alters, damages, or deletes administrative information in violation of subparagraph 1 of Article 35 shall be punished by imprisonment with labor for not more than 10 years. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: |
| 1. | A person who forges, alters, damages, or uses an information system for through administrative data matching without good cause, in violation of subparagraph 2 of Article 35; |
| 2. | A person who discloses or disseminates to the public, any method or program by which administrative information can be altered or deleted, in violation of subparagraph 3 of Article 35. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: |
| 1. | A person who divulges administrative information, in violation of subparagraph 4 of Article 35; |
| 2. | A person who processes administrative information without due authority or beyond the authority accorded, in violation of subparagraph 5 of Article 35; |
| 3. | A person who aids or abets another person, without due authority, to use administrative information, in violation of subparagraph 6 of Article 35; |
| 4. | A person who shares administrative information in a manner that has not been authorized, or stores administrative information in an information system or a storage device that has not been authorized, in violation of subparagraph 7 of Article 35; |
| 5. | A person who divulges or steals any secret to which he or she has acquired in the course of his or her official duties, in violation of Article 74. |
| (4) | Any person who receives administrative information from an administrative agency, etc. or peruses administrative information by fraud or other improper means, in violation of subparagraph 8 of Article 35, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding seven million won. |
| (5) | Any person who carries out supervision of an information system without registration under Article 58 (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| (6) | Any person who allows another person to carry out supervision of an information systems using its own name or lends his or her supervisor's certificate to another person, or any person who carries out supervision using another person's name or borrows supervisor's certificate shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| Article 77 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits a violation under Article 76 (3) 5 or Article 76 (5) or (6) in connection with the business affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
| Article 78 (Administrative Fines) |
| (1) | An administrative fine not exceeding 30 million won shall be imposed on any of the following persons: |
| 1. | A person who fails to obtain the prior consent of an information subject, in violation of Article 42 (1); |
| 2. | A person who fails to notify an information subject of the matters listed in the subparagraphs of Article 43 (1) without good cause, in violation of Article 42 (2) and (3). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
ADDENDA <Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 5 (5) of this Addenda shall enter into force on January 1, 2011. Article 2 (Repeal of other Act)
Article 3 (Transitional Measures concerning Sharing of Administrative Information)
| (1) | Any administrative information being shared through the Sharing Center under the previous provisions as at the time this Act enters into force shall be deemed authorized in accordance with the procedures determined by this Act. |
| (2) | Any person corresponding to the amended provisions of the subparagraphs of Article 39 (7) shall be deemed designated in accordance with the procedures determined by this Act. |
| (2) | Any project on which supervision is carried out under Article 11 of the previous Information Systems Act as at the time this Act enters into force shall be deemed a project on which supervision is carried out under this Act. |
| (3) | Any supervisory corporation registered as a supervisory corporation under Article 12 of the previous Information Systems Act before this Act enters into force shall be deemed registered under this Act. |
| (4) | Any person educated as a supervisor under Article 14 of the previous Information Systems Act before this Act enters into force shall be deemed to have received education under this Act. |
| (5) | Any person having received a supervisor's certificate under Article 14 of the previous Information Systems Act before this Act enters into force shall be deemed to have received such certificate under this Act. |
| (6) | Any administrative disposition imposed with regard to supervision on any information system under Article 16 of the previous Information Systems Act before this Act enters into force shall be deemed to have been imposed under this Act. |
| (7) | Any application of penalty provisions or administrative dispositions with regard to a violation of any provision of the previous Information Systems Act before this Act enters into force shall be governed by the previous Information Systems Act. |
Article 5 Omitted.
Article 6 (Relationship with other Acts and Subordinate Statues)
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10465, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
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. 11735, Apr. 5, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12346, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Master Plans for Electronic Government)
The first master plan for electronic government under the amended provisions of Article 5 shall be formulated in the year immediately following the enforcement of this Act. Article 3 (Applicability concerning Plan for Each Agency)
The first plan for each agency under the amended provisions of Article 5-2 shall be formulated in the year immediately following the enforcement of this Act. Article 4 (Applicability concerning Supervision of Information Systems)
The amended provisions under the proviso to Article 57 (1) shall apply to electronic government projects, the notices of tender for the entrustment of management of which are announced after this Act enters into force. Article 5 (Transitional Measures concerning Incompetents, etc.)
The incompetents under the adult guardianship or quasi-incompetents under the limited guardianship under the amended provisions of Article 61 (1) 1 shall be deemed to include persons currently incompetent or quasi-incompetent under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).
ADDENDA <Act No. 12592, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13459, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14474, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended in accordance with Article 5 of these Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 14914, Oct. 24, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16912, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 17344, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 17354, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 17370, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 17962, Mar. 23, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Notifying Details of Administrative Data Matching)
The amended provisions of Articles 42 (2) and 43 (3) shall also apply where a judicial police officer makes a non-transfer decision from January 1, 2021 to the date preceding the enforcement date of this Act.