ENFORCEMENT DECREE OF THE INDUSTRIAL CONVERGENCE PROMOTION ACT
Presidential Decree No. 23190, Sep. 30, 2011
Amended by Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24496, Apr. 5, 2013
Presidential Decree No. 24955, Dec. 11, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26703, Dec. 10, 2015
Presidential Decree No. 28212, Jul. 26, 2017
Presidential Decree No. 28435, Nov. 14, 2017
Presidential Decree No. 28846, Apr. 30, 2018
Presidential Decree No. 29421, Dec. 24, 2018
Presidential Decree No. 29484, Jan. 15, 2019
Presidential Decree No. 30256, Dec. 24, 2019
Presidential Decree No. 30668, May 12, 2020
Presidential Decree No. 31611, Apr. 6, 2021
Presidential Decree No. 31981, Sep. 14, 2021
CHAPTER I GENERAL PROVISIONS
CHAPTER II ESTABLISHMENT OF SYSTEM FOR PROMOTION OF INDUSTRIAL CONVERGENCE
| Article 2 (Formulation of Master Plans for Developing Industrial Convergence) |
| (1) | Where the Minister of Trade, Industry and Energy formulates a master plan for developing industrial convergence (hereinafter referred to as "master plan") under Article 5 (1) of the Industrial Convergence Promotion Act (hereinafter referred to as the "Act"), he or she shall consult thereon with the heads of related central administrative agencies before forwarding it to the Deliberative Committee on Regulatory Exceptions for Industrial Convergence established under Article 8 (1) of the Act (hereinafter referred to as the "Deliberative Committee on Regulatory Exceptions") for deliberation. <Amended on Jan. 15, 2019> |
| (2) | If necessary for formulating a master plan, the Minister of Trade, Industry and Energy may set up guidelines for preparing sector-by-sector plans after consulting with the heads of related central administrative agencies; and may notify the heads of related central administrative agencies thereof. <Amended on Mar. 23, 2013> |
| (3) | The heads of related central administrative agencies shall formulate sector-by-sector plans for fields under their jurisdiction in accordance with the guidelines for preparing the same referred to in paragraph (2); and shall submit them to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (4) | Where any one sector-by-sector plan formulated under paragraph (3) overlaps with or conflicts with another sector-by-sector plan formulated under the same paragraph, the Minister of Trade, Industry and Energy may request the heads of the related central administrative agencies to revise, complement, or amend them before deliberation by the Deliberative Committee on Regulatory Exceptions. <Amended on Mar. 23, 2013; Jan. 15, 2019> |
| (5) | Upon formulating a master plan, the Minister of Trade, Industry and Energy shall publicly notify such plan. <Amended on Mar. 23, 2013> |
| (6) | The heads of related central administrative agencies shall strive to secure financial resources necessary for implementing master plans. |
| Article 3 (Matters to Be Included in Master Plans) |
| 1. | Matters concerning the diffusion and dissemination of, and support for, new products of industrial convergence or services of industrial convergence (hereinafter referred to as "new products or services of industrial convergence"); |
| 2. | Matters concerning the vitalization of the use and standardization of intellectual property rights for promoting industrial convergence; |
| 3. | Matters concerning the development of infrastructure for, and diffusion of, culture of industrial convergence under Article 31 (1) of the Act; |
| 4. | Other matters necessary for developing industrial convergence. |
| Article 4 (Amendment of Master Plans) |
| (1) | Where the Minister of Trade, Industry and Energy intends to amend any of the following, he or she shall consult thereon with the heads of related central administrative agencies; and shall forward them to the Deliberative Committee on Regulatory Exceptions for deliberation: <Amended on Mar. 23, 2013; Jan. 15, 2019> |
| 1. | Matters involving at least two central administrative agencies; |
| 2. | Other matters determined by the Deliberative Committee on Regulatory Exceptions as those that may have a significant influence on development of industrial convergence. |
| (2) | Article 2 (4) and (5) shall apply mutatis mutandis to the procedures for amending master plans. |
| Article 5 (Formulation of Annual Implementation Plans) |
| (1) | The head of a related central administrative agency shall submit an annual implementation plan referred to in Article 6 (1) of the Act (hereinafter referred to as "implementation plan") to the Deliberative Committee on Regulatory Exceptions by November 30 each year. <Amended on Jan. 15, 2019> |
| (2) | If necessary to link a master plan to an implementation plan, the Minister of Trade, Industry and Energy may request the head of the related central administrative agency to revise, complement, or amend the implementation plan. <Amended on Mar. 23, 2013> |
| (3) | When implementation plans are formulated, the Minister of Trade, Industry and Energy shall combine and publicly notify them. <Amended on Mar. 23, 2013> |
| Article 6 (Amendment of Implementation Plans) |
| (1) | The head of a related central administrative agency who intends to amend any of the following matters in his or her implementation plan shall submit the relevant matter to the Deliberative Committee on Regulatory Exceptions: <Amended on Jan. 15, 2019> |
| 1. | Any matter involving at least two central administrative agencies; |
| 2. | Any other matters determined by the Deliberative Committee on Regulatory Exceptions as those that may have a significant influence on development of industrial convergence. |
| (2) | Article 5 (2) and (3) shall apply mutatis mutandis to the modification of an implementation plan under paragraph (1). |
| Article 7 (Subject Matters of Surveys on Statistics Related to Industrial Convergence and Scope of Preparation of Such Statistics) |
Subject matters of surveys on statistics related to industrial convergence and the scope of preparation of such statistics under Article 7 (2) of the Act shall be as follows: | 1. | Matters concerning the certification, manufacture, sale, etc. of new products of industrial convergence; |
| 2. | Matters concerning the export and import of new products of industrial convergence; |
| 3. | Matters concerning the research and development, and scale of investment related to industrial convergence; |
| 4. | Matters concerning the status of human resources engaged in industrial convergence and demand prospects therefor. |
| Article 8 (Composition of Deliberative Committee on Regulatory Exceptions) |
| (1) | Where the Chairperson of the Deliberative Committee on Regulatory Exceptions (hereinafter referred to as the "Chairperson") commissions members pursuant to Article 8 (4) 2 of the Act, he or she may include not more than two experts recommended by the competent Standing Committee of the National Assembly. |
| 1. | Where a member becomes unable to perform his or her duties due to a mental or physical disorder; |
| 2. | Where a member has engaged in any misconduct regarding his or her duties; |
| 3. | Where a member is deemed unfit as a member due to neglecting any of his or her duties, losing dignity, or any similar reason; |
| 4. | Where a member voluntarily indicates that it is impracticable to perform his or her duties. |
[This Article Wholly Amended on Jan. 15, 2019]
| Article 9 (Operation of Deliberative Committee on Regulatory Exceptions) |
| (1) | Where the Chairperson intends to convene a meeting, he or she shall notify in writing each member of the date and time, venue, and agenda items of the meeting at least seven days beforehand: Provided, That this shall not apply in emergencies or other unavoidable circumstances. <Amended on Jan. 15, 2019> |
| (2) | Deleted. <Jan. 15, 2019> |
| (3) | Where deemed necessary, the Chairperson may require a public official under his or her jurisdiction to attend a meeting of the Deliberative Committee on Regulatory Exceptions and to present his or her opinion on any agenda item in the field under his or her jurisdiction; or may require a related expert to attend a meeting of the Deliberative Committee on Regulatory Exceptions to hear his or her opinion. <Amended on Jan. 15, 2019> |
| (4) | Allowances may be paid, and travel expenses and other necessary expenses may be reimbursed, within budgetary limits to members, relevant persons, etc. who attend a meeting of the Deliberative Committee on Regulatory Exceptions: Provided, That this shall not apply where a public official attends a meeting of the Deliberative Committee on Regulatory Exceptions directly regarding his or her duties. <Newly Inserted on Jan. 15, 2019> |
| (5) | Except as provided in paragraphs (1), (3), and (4), matters necessary for operating the Deliberative Committee on Regulatory Exceptions shall be determined by the Deliberative Committee on Regulatory Exceptions. <Amended on Jan. 15, 2019> |
[Title Amended on Jan. 15, 2019]
| Article 10 (Composition and Operation of Special Subcommittees) |
| (1) | Special sectorial subcommittees may be established under the Deliberative Committee on Regulatory Exceptions pursuant to Article 8 (10) of the Act: Provided, That where it is inappropriate for special sectorial subcommittees to review matters relating to regulatory exceptions for demonstration or temporary permission, a special case-specific subcommittee may be organized and operated. |
| (2) | Each special sectorial or case-specific subcommittee established under paragraph (1) shall be comprised of not more than 25 persons, including one chairperson of the relevant special subcommittee; and a member of the Senior Executive Service of the Ministry of Trade, Industry and Energy who is in charge of industrial convergence (limited to public officials whose job rank is grade A), shall serve as the chairperson of each special subcommittee. |
| (3) | The following persons shall serve as a member of a special sectorial subcommittee established under the main clause of paragraph (1): |
| 1. | A person determined by the Chairperson after consultation with the heads of related central administrative agencies and the head of the relevant local government, from among public officials of at least Grade III who belong to the related central administrative agencies or relevant local government; |
| 2. | A person commissioned by the Chairperson, from among persons with extensive knowledge of and experience in industrial convergence and promotion thereof. |
| (4) | The following persons shall serve as a member of a special case-specific subcommittee established under the proviso of paragraph (1): |
| 1. | A person determined by the Chairperson after consultation with the heads of related central administrative agencies and the head of the relevant local government, from among public officials of at least Grade III who belong to the related central administrative agencies or relevant local government; |
| 2. | A person commissioned by the Chairperson from among persons with extensive knowledge of and experience in matters subject to deliberation. |
| (5) | The Chairperson may dismiss a member specified in paragraph (3) 2 or (4) 2 if the member falls under any subparagraph of Article 8 (2). |
| (6) | Where the chairperson of a special sectorial or case-specific subcommittee established under paragraph (1) intends to convene a meeting, he or she shall notify in writing each member of the date and time, venue, and agenda items of the meeting at least seven days beforehand: Provided, That this shall not apply in emergencies or other unavoidable circumstances. |
| (7) | A majority of the members of a special sectorial subcommittee established under the main clause of paragraph (1) shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (8) | A majority of the members of a special case-specific subcommittee established under the proviso of paragraph (1), who are organized pursuant to paragraph (4) for each meeting (including the chairperson of the special case-specific subcommittee; hereafter in this paragraph the same shall apply), shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (9) | The chairperson of each special sectorial or case-specific subcommittee established under paragraph (1) may request the head of the Korean Agency for Technology and Standards to provide advice on applications for regulatory exceptions for demonstration filed under Article 10-3 (1) of the Act; or on the details of tests, verifications, and standards regarding applications for temporary permission filed under Article 10-6 (1) of the Act. <Amended on Sep. 14, 2021> |
| (10) | Where deemed necessary, the head of each special sectorial or case-specific subcommittee established under paragraph (1) may request any relevant administrative agency, organization, etc. to submit data or opinions; or may request a relevant public official, expert, interested person, etc. to attend a meeting of the special subcommittee to hear their opinions. |
| (11) | The chairperson of each special sectorial or case-specific subcommittee established under paragraph (1) shall report to the Deliberative Committee on Regulatory Exceptions on the results of meetings of the special subcommittee. |
| (12) | Allowances may be paid, and travel expenses and other necessary expenses may be reimbursed, within budgetary limits to members, relevant persons, etc. who attend a meeting of any special sectorial or case-specific subcommittee established under paragraph (1): Provided, That this shall not apply where a public official attends a meeting of the special subcommittee directly regarding his or her duties. |
| (13) | Except as provided in paragraphs (1) through (12), matters necessary for composing and operating special subcommittees shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Wholly Amended on Jan. 15, 2019]
| Article 10-2 (Composition and Operation of Conflict Mediation Committees) |
| (1) | A conflict mediation committee for each case established under Article 8-2 (1) of the Act (hereinafter referred to as "conflict mediation committee") shall be comprised of not more than 20 persons, including one chairperson of the relevant conflict mediation committee. |
| (2) | A person elected from among and by members of a conflict mediation committee shall serve as the chairperson of the conflict mediation committee: Provided, That where the chairperson of the conflict mediation committee is not yet elected, a person determined by the Chairperson shall act for the chairperson. |
| (3) | Members of a conflict mediation committee shall be determined by the Chairperson for each case, from among any of the following persons: |
| 1. | A person recommended by the head of the relevant agency from among public officials of related central administrative agencies and the relevant local government; |
| 2. | A person who has extensive knowledge of and experience in the field related to conflicts specified in Article 8-2 (1) of the Act (hereafter in this Article referred to as "conflicts"); |
| 3. | Any interested person related to conflicts. |
| (4) | The Chairperson may dismiss a member specified in paragraph (3) 2 if the member falls under any subparagraph of Article 8 (2). |
| (5) | Where the chairperson of a conflict mediation committee intends to convene a meeting, he or she shall notify in writing each member of the date and time, venue, and agenda items of the meeting at least seven days beforehand: Provided, That this shall not apply in emergencies or other unavoidable circumstances. |
| (6) | To mediate conflicts, the chairperson of a conflict mediation committee may request any relevant public official, expert, interested person, etc. to attend a meeting of the conflict mediation committee to hear their opinions. |
| (7) | The chairperson of a conflict mediation committee may request experts in the relevant field to conduct surveys or research on the relevant conflicts and on measures to resolve the conflicts; and the heads of related central administrative agencies and the head of the relevant local government may fully or partially subsidize expenses incurred in such surveys or research within budgetary limits. |
| (8) | The head of a conflict mediation committee shall compile results of a meeting and report thereon to the Deliberative Committee on Regulatory Exceptions. |
| (9) | Upon receiving a report under paragraph (8), the Deliberative Committee on Regulatory Exceptions shall notify the heads of related central administrative agencies and the head of the relevant local government of the results of a meeting; and may request them to execute the results of the meeting or to reflect the results in their policies, if necessary. In such cases, the heads of the related central administrative agencies and the head of the relevant local government shall provide the Deliberative Committee on Regulatory Exceptions with their opinions on such request within 30 days. |
| (10) | Allowances may be paid, and travel expenses and other necessary expenses may be reimbursed, within budgetary limits to the chairperson and members of a conflict mediation committee, relevant persons, etc. who attend a meeting of the conflict mediation committee: Provided, That this shall not apply where a public official attends a meeting of the conflict mediation committee directly regarding his or her duties. |
| (11) | Except as provided in paragraphs (1) through (10), matters necessary for composing and operating conflict mediation committees and other necessary matters shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Wholly Amended on Jan. 15, 2019]
| Article 11 (Industrial Convergence Ombudsman) |
| (1) | The term of office of the Industrial Convergence Ombudsman appointed under Article 10 (2) of the Act (hereinafter referred to as the "Industrial Convergence Ombudsman") shall be three years. |
| (2) | "Institution or corporation that meets the requirements prescribed by Presidential Decree" in Article 10 (2) of the Act means an institution or corporation that meets all the requirements specified in the subparagraphs of Article 31 (1). |
| 1. | Formulating measures to improve regulation related to industrial convergence and measures to resolve grievances, as well as consulting with related administrative agencies thereon; |
| 2. | Investigating and analyzing cases of regulatory improvement related to industrial convergence and cases of grievance resolution, as well as preparing reports thereon; |
| 3. | Any other affairs determined and publicly notified by the Minister of Trade, Industry and Energy after consultation with the heads of related administrative agencies. |
| (4) | Where the head of a related administrative agency or the head of a relevant agency in receipt of a recommendation for improvement under Article 10 (4) of the Act fails to comply with the recommendation without just cause, the Industrial Convergence Ombudsman may publish the following pursuant to Article 10 (6) of the Act; and in such cases, the Industrial Convergence Ombudsman may request the Minister of Trade, Industry and Energy to publish the relevant matters in the Official Gazette or on the Ministry website: |
| 1. | Name and details of the new product or service of industrial convergence that relates to the recommendation for improvement; |
| 2. | Name of the agency that has failed to comply with the recommendation for improvement; |
| 3. | Details of and period for complying with the recommendation for improvement. |
| (5) | Before publication under Article 10 (6) of the Act, the Industrial Convergence Ombudsman shall inform the head of a related central administrative agency or the head of a relevant agency, which is subject to publication, of the fact that the agency is subject to publication, thereby providing him or her with an opportunity to submit explanatory materials or to state his or her opinion. |
| (6) | The Industrial Convergence Ombudsman shall report to the Minister of Trade, Industry and Energy on the details, etc. of the activities referred to in Article 10 of the Act within one month after the end of each quarter. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for commissioning the Industrial Convergence Ombudsman and operating the Office thereof, and other necessary matters, shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Wholly Amended on Jan. 15, 2019]
CHAPTER III REGULATORY EXCEPTIONS FOR DEMONSTRATION OF NEW PRODUCTS OR SERVICES OF INDUSTRIAL CONVERGENCE
| Article 11-2 (Application for Prompt Verification of Regulation) |
| (1) | To apply for verification of whether permission, approval, certification, verification, authorization, etc. (hereinafter referred to as "permission, etc.") are required for a new product or service of industrial convergence pursuant to Article 10-2 (1) of the Act, a person who intends to conduct business by utilizing such new product or service shall submit an application for prompt verification of regulation in attached Form 1, along with the following documents, to the Minister of Trade, Industry and Energy: |
| 1. | A description of the relevant new product or service and of the business utilizing the new product or service; |
| 2. | Materials explaining that the relevant new product or service is a new product or service of industrial convergence; |
| (2) | Where matters subject to application for verification under Article 10-2 (1) of the Act fall under the jurisdiction of another administrative agency, the Minister of Trade, Industry and Energy shall without delay send a copy of the relevant application for prompt verification of regulation and attached documents to the head of the competent administrative agency. |
| (3) | The Minister of Trade, Industry and Energy shall notify the applicant of a reply received from the head of the competent administrative agency pursuant to Article 10-2 (4) of the Act, or of the results of prompt verification of regulation pursuant to Article 10-2 (5) of the Act, by a notice on the results of prompt verification of regulation, prepared in attached Form 2. |
[This Article Newly Inserted on Jan. 15, 2019]
| Article 11-3 (Application for Regulatory Exceptions for Demonstration) |
| (1) | A person who intends to apply for a regulatory exception for demonstration of a new product or service of industrial convergence pursuant to Article 10-3 (1) of the Act, shall submit an application for a regulatory exception for demonstration, along with the following documents, to the Minister of Trade, Industry and Energy: |
| 2. | Materials explaining that the relevant new product or service is a new product or service of industrial convergence; |
| 3. | Materials explaining that the relevant new product or service of industrial convergence falls under any subparagraph of Article 10-3 (1) of the Act; |
| 4. | Materials explaining that the relevant new product or service of industrial convergence is innovative and enhances user convenience; |
| 5. | Materials on the future growth potential of the relevant market; |
| 6. | Materials on possible damage that may arise from temporary permission for the relevant new product or service of industrial convergence, as well as materials on measures to compensate for damage; |
| 7. | Materials on harm to the lives, health, and safety of the people; harm to the environment; and hindrances to the balanced regional development; as well as on the safe protection and management of personal information. |
| 1. | Objectives and outline of demonstration utilizing the relevant new product or service of industrial convergence; |
| 2. | Statutes or regulations relating to the relevant new product or service of industrial convergence, as well as matters requiring a regulatory exception to give demonstrations; |
| 3. | Method of testing or verifying the relevant new product or service of industrial convergence; |
| 4. | Area, period, and scale of a regulatory exception for demonstration of the relevant new product or service of industrial convergence; |
| 5. | Any other matters determined and publicly notified by the Minister of Trade, Industry and Energy. |
| (3) | Where it is deemed necessary to complement the contents of an application filed under paragraph (1), the Minister of Trade, Industry and Energy may request to complement them within a specified period. <Newly Inserted on May 12, 2020> |
| (4) | Where an application referred to in paragraph (1) (including cases where it is complemented under paragraph (3)) falls under any of the following cases, the Minister of Trade, Industry and Energy may return the relevant application: <Newly Inserted on May 12, 2020> |
| 2. | Where the applicant fails to submit any of the documents prescribed in the subparagraphs of paragraph (1) or to comply with a request for complement made pursuant to paragraph (3); |
| 3. | Where it is obvious that the details of the application have been prepared by fraud or improper means. |
| (5) | An applicant for a regulatory exception for demonstration referred to in Article 10-3 (1) of the Act (hereafter in this Article referred to as "applicant") shall submit, to the Minister of Trade, Industry and Energy, materials verifying that the applicant has purchased liability insurance under the main clause of Article 10-3 (2) of the Act before the commencement of the business involving the relevant new product or service of industrial convergence. In such cases, the period of liability insurance the applicant has purchased shall exceed the effective period of the regulatory exception for demonstration. <Amended on May 12, 2020> |
| (6) | Article 20 (2) and (3) shall apply mutatis mutandis to the amount of liability insurance an applicant is required to purchase under the main clause of Article 10-3 (2) of the Act, details necessary for purchasing, operating, etc. the insurance, and other relevant matters. <Amended on May 12, 2020> |
| (8) | Where a business entity granted a regulatory exception for demonstration pursuant to Article 10-3 (8) of the Act (hereafter in this Article and Article 11-4 referred to as "business entity") is unable to purchase liability insurance specified in the main clause of Article 10-3 (2) of the Act, he or she shall submit a statement of the reason for the inability to purchase liability insurance in attached Form 4, accompanied by the following documents, to the Minister of Trade, Industry and Energy 30 days before the commencement of the business involving the relevant new product or service of industrial convergence under the proviso of Article 10-3 (2) of the Act; and shall formulate compensatory measures for damage through consultation with the Minister of Trade, Industry and Energy before the commencement of the business involving such new product or service of industrial convergence: <Amended on May 12, 2020; Sep. 14, 2021> |
| 1. | The reason for the inability to purchase liability insurance, as well as materials substantiating such reason; |
| 2. | A damage compensation plan including compensatory measures for damage, such as the methods, standards, and procedures for compensating for any damage that may arise from the regulatory exception for demonstration of such new product or service of industrial convergence. |
| (9) | The amount of compensation specified in the compensatory measures for damage formulated under paragraph (8) shall be equivalent to the amount specified in Article 20 (2). <Amended on May 12, 2020; Sep. 14, 2021> |
| (10) | Where any personal harm or economic loss occurs while a business entity is providing a new product or service of industrial convergence, a victim (referring to a person who has succeed to the right to claim damages for the relevant harm or loss if the victim has died; hereafter in this Article referred to as "claimant") may seek damages from the business entity, by means of a written claim including the following: <Amended on May 12, 2020; Sep. 14, 2021> |
| 1. | Name and address of the claimant; |
| 2. | Relationship between the claimant and the victim (limited to where the victim has died); |
| 3. | Details of the harm or loss incurred; |
| 4. | Claimed amount and the grounds for computing the amount. |
| (11) | Upon receiving a claim for damages under paragraph (10), a business entity shall without delay inform the claimant for compensation of the purchase of liability insurance or of the details of a damage compensation plan specified in paragraph (8) 2; and shall notify the Minister of Trade, Industry and Energy of the receipt of the claim for damages. <Amended on May 12, 2020; Sep. 14, 2021> |
| (12) | If a business entity with no liability insurance coverage receives a claim for damages pursuant to paragraph (10), it shall compensate the claimant for damage in accordance with the damage compensation plan referred to in paragraph (8) 2. <Amended on May 12, 2020; Sep. 14, 2021> |
| (13) | Where a business entity compensates for damage pursuant to paragraph (12), it shall pay compensation in cash: Provided, That where the damage is minor, the business entity may compensate for damage by a method, other than paying in cash, with consent from the victim. <Amended on May 12, 2020; Sep. 14, 2021> |
| (14) | The results of damage compensation shall be notified to the Minister of Trade, Industry and Energy. The same shall apply to cases where damages are not compensated. <Amended on May 12, 2020; Sep. 14, 2021> |
| (15) | When deliberating on the area, period, and scale of a regulatory exception for demonstration or as to whether to grant permission for the regulatory exception pursuant to Article 10-3 (6) of the Act, the Deliberative Committee on Regulatory Exceptions shall comply with the internal criteria for examination it has established, comprehensively considering the following: <Amended on May 12, 2020; Sep. 14, 2021> |
| 2. | The applicant's technical and financial capabilities; |
| 3. | Innovativeness of the relevant new product or service of industrial convergence, as well as enhancement of convenience of users of such new product or service (hereinafter referred to as "users"); |
| 4. | Growth potential of a market for the relevant new product or service of industrial convergence; |
| 5. | Appropriateness of measures to compensate for damage that may arise in the course of demonstrating the relevant new product or service of industrial convergence, as well as measures to protect victims; |
| 6. | Influences of the relevant new product or service of industrial convergence on the lives, health, and safety of the people, environment, balanced regional development, etc.; |
| 7. | Possibility of infringement on personal information by the relevant new product or service of industrial convergence; |
| 8. | Any other matters the Chairperson deems necessary in light of the characteristics of the relevant new product or service of industrial convergence. |
| (16) | Where the Minister of Trade, Industry and Energy grants a regulatory exception for demonstration pursuant to Article 10-3 (8) of the Act, he or she shall issue a certificate of a regulatory exception for demonstration in attached Form 5; and shall publicly announce such fact in the Official Gazette or on the Ministry website. <Amended on May 12, 2020; Sep. 14, 2021> |
| (17) | Deleted. <Sep. 14, 2021> |
| (18) | The head of a related administrative agency may provide assistance to business entities under Article 10-3 (13) of the Act, as follows: <Amended on May 12, 2020> |
| 1. | Grant of subsidies or contributions; |
| 2. | Establishing infrastructure necessary to efficiently conduct tests, verification, etc. for new products or services of industrial convergence; |
| 3. | Protecting intellectual property rights to new products or services of industrial convergence; |
| 4. | Any other matters deemed necessary to accomplish the purpose of regulatory exceptions for demonstration. |
| (19) | Article 23 (2) and (3) shall apply mutatis mutandis to the management and use of the contributions specified in paragraph (18) 1. <Amended on May 12, 2020> |
[This Article Newly Inserted on Jan. 15, 2019]
| Article 11-4 (Management and Supervision of Regulatory Exceptions for Demonstration) |
| (1) | The Minister of Trade, Industry and Energy and the head of a related central administrative agency shall have public officials under his or her jurisdiction conduct management and supervision pursuant to Article 10-4 (1) of the Act, regarding whether business entities execute a business implementation plan specified in Article 10-3 (6) 1 of the Act, whether the conditions attached under Article 10-3 (7) of the Act are complied with, whether the examination criteria notified under Article 10-3 (9) of the Act are satisfied, and whether any accident has occurred. |
| (2) | The head of a related administrative agency and a business entity shall notify users of the following information pursuant to Article 10-4 (2) of the Act: |
| 1. | Name and details of a new product or service of industrial convergence under a regulatory exception for demonstration; |
| 2. | Area, period, and scale of a regulatory exception for demonstration; |
| 4. | Details of liability insurance and compensatory measures for damage. |
| (3) | Before notifying users of the information specified in the subparagraphs of paragraph (2), the head of the related administrative agency and the business entity may determine, through mutual consultation, the methods of easily notifying users of the information and details thereof based on the characteristics of a new product or service of industrial convergence to be demonstrated under a regulatory exception for demonstration granted and based on the area, period, scale, etc. of the regulatory exception for demonstration. |
| (4) | Deleted. <Sep. 14, 2021> |
| (5) | Deleted. <Sep. 14, 2021> |
| (6) | Deleted. <Sep. 14, 2021> |
| (7) | Where the Minister of Trade, Industry and Energy issues a corrective order to a business entity for falling under Article 10-4 (6) 2 or 3 of the Act, the Minister may do so for a specified period not exceeding six months: Provided, That the period may be extended by up to three months only once, in unavoidable circumstances. |
| (8) | Where the Minister of Trade, Industry and Energy issues a corrective order to a business entity pursuant to paragraph (7), he or she shall do so in writing specifying the following: |
| 2. | Details of the corrective order; |
| 3. | Period of rectification; |
| 4. | Procedures for raising an objection to the corrective order. |
| (9) | The Minister of Trade, Industry and Energy shall provide a business entity subject to a corrective order with an opportunity to submit explanatory materials or to state his or her opinion in advance. |
| (11) | Upon revoking the application of a regulatory exception for demonstration pursuant to Article 10-4 (6) of the Act, the Minister of Trade, Industry and Energy shall publicly announce such fact in the Official Gazette or on the Ministry website. |
[This Article Newly Inserted on Jan. 15, 2019]
| Article 11-5 (Extension of Regulatory Exceptions for Demonstration) |
| (1) | A person who intends to obtain an extension of the effective period of a regulatory exception for demonstration under Article 10-5 (1) of the Act shall submit an application for extension of the effective period of a regulatory exception for demonstration in attached Form 6, accompanied by the following documents, to the Minister of Trade, Industry and Energy: |
| 1. | A copy of a certificate of the regulatory exception for demonstration of the relevant new product or service of industrial convergence; |
| 3. | Whether any safety accident has occurred regarding the relevant new product or service of industrial convergence; and whether damage, if any, has been compensated for; |
| 4. | A plan to extend the period of liability insurance or to revise compensation for damage; |
| 5. | Any other matters recognized by the Minister of Trade, Industry and Energy as necessary for extending regulatory exceptions for demonstration. |
| (2) | Where the Minister of Trade, Industry and Energy extends the effective period of a regulatory exception for demonstration under the proviso of Article 10-5 (1) of the Act, he or she shall issue a certificate of extension of a regulatory exception for demonstration in attached Form 5. |
| (3) | A person who intends to request legislative arrangements related to a regulatory exception pursuant to Article 10-5 (3) of the Act shall submit a request for legislative arrangements in attached Form 6-2 to the Minister of Trade, Industry and Energy and the head of the relevant administrative agency, accompanied by the following documents: |
| 1. | Application of regulatory exceptions including the following matters and documents showing business results: |
| (b) | Whether the business entity has complied with the conditions attached to ensure safety, etc. under Article 10-3 (7) of the Act (limited to where conditions are attached); |
| (c) | Whether any safety accident has occurred regarding the relevant new product or service of industrial convergence; and whether damage, if any, has been compensated for; |
| (d) | Any other data recognized by the Minister of Trade, Industry and Energy as necessary to determine whether the legislative arrangements are needed and the directions of such arrangements. |
| 2. | A plan for extending the period of liability insurance or modifying the compensation for damage (limited to where it is intended to continue the project for demonstration while the effective period of regulatory exceptions is deemed not to have been terminated under Article 10-5 (7) of the Act). |
| (4) | Where the Minister of Trade, Industry and Energy and the head of the related administrative agency deem it necessary to complement a request for legislative arrangements received under paragraph (3), he or she may request the person who has requested the legislative arrangements (hereafter in this Article, referred to as "person who requesting legislative arrangements") to submit additional data. |
| (5) | Where a document referred to in paragraph (3) is attached to a request for legislative arrangements submitted under paragraph (3) 2, the Minister of Trade, Industry and Energy shall issue a written confirmation of the extension of a regulatory exception for demonstration, in attached Form 5, to the person requesting legislative arrangements, stating to the effect that in accordance with Article 10-5 (7) of the Act the effective period of the regulatory exception is deemed not to have been expired during the period under paragraph (11). |
| (6) | Where the head of a relevant administrative agency examines whether it is necessary to make legislative arrangements pursuant to Article 10-5 (4) of the Act, he or she shall comprehensively consider the following matters: |
| 1. | The level of users’ benefits derived from demonstration of the relevant new product or service of industrial convergence; |
| 2. | Whether any safety accident has occurred in relation to the relevant new product or service of industrial convergence; and whether damage, if any, has been compensated for; |
| 3. | Industrial ripple effects and expected effects of the relevant new product or service of industrial convergence; |
| 4. | Conflicts of interests among interested persons related to the relevant new product or service of industrial convergence and whether such conflicts have been addressed; |
| 5. | Other matters deemed necessary by the head of a related administrative agency to review the necessity for legislative arrangements. |
| (7) | Where the Minister of Trade, Industry and Energy requests the Regulatory Reform Committee to make legislative arrangements or submits his or her opinion under Article 10-5 (5) of the Act, the head of the related administrative agency shall immediately report the processing results submitted to the Regulatory Reform Committee pursuant to Article 14 (2) of the Framework Act on Administrative Regulation which is applied mutatis mutandis under Article 18 (2) of the same Act. |
| (8) | The Minister of Trade, Industry and Energy shall prepare a notice on the result of determination on the legislative arrangements in attached Form 6-3 and notify the person requesting the legislative arrangements of the result that the head of a related administrative agency reported to the Deliberative Committee on Regulatory Exceptions under Article 10-5 (4) of the Act and paragraph (7) of this Article. In such cases, the notification shall include whether the legislative arrangements are necessary and whether the relevant product or service is subject to an application for temporary permission under Article 10-6 of the Act. |
| (9) | Where a person requesting legislative arrangements is notified that the relevant new product or service of industrial convergence is subject to an application for temporary permission under paragraph (8), he or she may file an application for temporary permission with the Minister of Trade, Industry and Energy under Article 10-6 of the Act by the following dates, whichever is later: |
| 1. | The date when three months have passed since the date of receipt of a notice of the result of determination on the legislative arrangements under paragraph (8); |
| (10) | Where a person requesting legislative arrangements applies for temporary permission pursuant to paragraph (9), the Minister of Trade, Industry and Energy may exempt him or her from submitting all or part of documents required to be attached to an application for provisional permission pursuant to Article 11-6 (1), considering the overlap with documents submitted when applying for special cases for regulation and other factors pursuant to Article 11-3 (1). |
| (11) | An extension of the effective period of regulatory exceptions, which is necessary for the procedures prescribed in Article 10-5 (4) through (6) pursuant to paragraph (7) of the same Article, under Article 10-5 (7) of the Act shall be the period from the date the request for the legislative arrangements is made pursuant to paragraph (3) of the same Article to the following dates: |
| 1. | Where it is determined that the legislative arrangements are unnecessary: The date on which a notice of the result of determination on the legislative arrangements is received pursuant to paragraph (8); |
| 2. | Where it is determined that legislative arrangements are necessary: The following dates: |
| (a) | Where not subject to an application for temporary permission: The date on which a notice of determination on legislative arrangements under paragraph (8) is received; |
| (b) | Where subject to an application for temporary permission: The following relevant date: |
| (i) | Where no application for temporary permission is filed: The expiration date of the application period for temporary permission prescribed in paragraph (9); |
| (ii) | Where an application for temporary permission is filed: The date on which the results of processing the application for temporary permission are notified. |
| (12) | Where the head of the related administrative agency starts to make legislative arrangements pursuant to Article 10-5 (4) of the Act (including where the head of the related administrative agency starts to make legislative arrangements following examination by the Regulatory Reform Committee under Article 10-5 (5) of the Act), and where the legislative arrangements notified pursuant to paragraph (8) are completed, he or she shall immediately notify the Minister of Trade, Industry and Energy and the Minister of Government Legislation of such fact. |
| (13) | Where the Minister of Trade, Industry and Energy is notified that legislative arrangements have been completed under paragraph (12), he or she shall immediately notify the person requesting the legislative improvements of the details thereof. |
| (14) | Paragraphs (3) 1 and (4) shall apply mutatis mutandis to applying regulatory exceptions and submitting and complementing the business results under the former part of Article 10-5 (9) of the Act. |
[This Article Newly Inserted on Sep. 14, 2021]
[Previous Article 11-5 moved to Article 11-6 <Sep. 14, 2021>]
| Article 11-6 (Application for Temporary Permission) |
| (1) | A person who intends to apply for temporary permission pursuant to Article 10-6 (1) of the Act, shall submit an application for temporary permission in attached Form 7, accompanied by the following documents, to the Minister of Trade, Industry and Energy: <Amended on Sep. 14, 2021> |
| 2. | Materials explaining that the relevant new product or service is a new product or service of industrial convergence; |
| 3. | Materials explaining that the relevant new product or service of industrial convergence falls under any subparagraph of Article 10-6 (1) of the Act; |
| 4. | Materials explaining that the relevant new product or service of industrial convergence is innovative and enhances user convenience; |
| 5. | Materials on possible damage that may arise from temporary permission for the relevant new product or service of industrial convergence, as well as on measures to compensate for damage; |
| 6. | Materials on harm to the lives, health, and safety of the people; harm to the environment; and hindrances to the balanced regional development; as well as on the safe protection and management of personal information. |
| 1. | Objectives and outline of temporary permission; |
| 2. | Statutes or regulations relating to the relevant new product or service of industrial convergence, which require improvement, as well as the details thereof; |
| 3. | Data verifying the safety of the relevant new product or service of industrial convergence; |
| 4. | Major users of the relevant new product or service of industrial convergence, the period for temporary permission, etc.; |
| 5. | Other matters determined and publicly notified by the Minister of Trade, Industry and Energy. |
| (3) | Where it is deemed necessary to complement the contents of an application filed under paragraph (1), the Minister of Trade, Industry and Energy may request to complement them within a specified period. <Newly Inserted on May 12, 2020> |
| (4) | Where an application referred to in paragraph (1) (including cases where it is complemented under paragraph (3)) falls under any of the following cases, the Minister of Trade, Industry and Energy may return the relevant application: <Newly Inserted on May 12, 2020; Sep. 14, 2021> |
| 2. | Where the applicant fails to submit any of the documents prescribed in the subparagraphs of paragraph (1) or to comply with a request for complement made pursuant to paragraph (3); |
| 3. | Where it is obvious that the details of the application have been prepared by fraud or improper means. |
| (5) | Article 11-3 (5) shall apply mutatis mutandis to the verification of the purchase of liability insurance that an applicant for temporary permission specified in Article 10-6 (1) of the Act (hereafter in this Article referred to as "applicant for temporary permission") is required to purchase under the main clause of Article 10-6 (2) of the Act, as well as to the period of the liability insurance. In such cases, "regulatory exception for demonstration" shall be construed as "temporary permission". <Amended on May 12, 2020; Sep. 14, 2021> |
| (6) | Article 20 (2) and (3) shall apply mutatis mutandis to the amount of liability insurance that an applicant for temporary permission is required to purchase under the main clause of Article 10-6 (2) of the Act, details necessary for purchasing, managing, etc. insurance, and other relevant matters. <Amended on May 12, 2020; Sep. 14, 2021> |
| (7) | Article 11-3 (7) shall apply mutatis mutandis to the subsidization of expenses incurred by applicants for temporary permission in purchasing liability insurance, and the provisions of Article 11-3 (8) through (14) shall apply mutatis mutandis to the formulation of compensatory measures for damage and procedures for compensating damages , etc. where persons applying for temporary permission are unable to purchase liability insurance as provided in the proviso of Article 10-6 (2) of the Act. In such cases, "regulatory exceptions for demonstration" shall be construed as "temporary permission". <Amended on May 12, 2020; Sep. 14, 2021> |
| (8) | When deliberating on whether to grant temporary permission under the former part of Article 10-6 (6) of the Act, the Deliberative Committee on Regulatory Exceptions shall comply with the internal criteria for examination it has established, comprehensively considering the following: <Amended on May 12, 2020; Sep. 14, 2021> |
| 2. | Technical and financial capabilities of an applicant for temporary permission; |
| 3. | Innovativeness and user convenience of the relevant new product or service of industrial convergence; |
| 4. | Appropriateness of measures to compensate for damage that may arise from the relevant new product or service of industrial convergence, as well as measures to protect victims; |
| 5. | Influences of the relevant new product or service of industrial convergence on the lives, health, and safety of the people, environment, balanced regional development, etc.; |
| 6. | Possibility of infringement on personal information by the relevant new product or service of industrial convergence; |
| 7. | Any other matters the Chairperson deems necessary in light of the characteristics of the relevant new product or service of industrial convergence. |
| (9) | Expenses incurred in conducting tests or inspections under the latter part, with the exception of the subparagraphs, of Article 10-6 (6) of the Act shall be borne by the relevant applicant for temporary permission. <Amended on May 12, 2020; Sep. 14, 2021> |
| (10) | Where the Minister of Trade, Industry and Energy grants temporary permission pursuant to Article 10-6 (7) of the Act, he or she shall issue a certificate of temporary permission in attached Form 8; and shall publicly announce such fact in the Official Gazette or on the Ministry website. <Amended on May 12, 2020; Sep. 14, 2021> |
| (11) | A person who intends to obtain an extension of the effective period of temporary permission under the proviso of Article 10-6 (9) of the Act, shall submit an application for extension of the effective period of temporary permission in attached Form 9, accompanied by the following documents, to the Minister of Trade, Industry and Energy: <Amended on May 12, 2020; Sep. 14, 2021> |
| 1. | Copy of a certificate of temporary permission issued for the relevant new product or service of industrial convergence; |
| 3. | Whether any safety accident has occurred regarding the relevant new product or service of industrial convergence; and whether damage, if any, has been compensated for; |
| 4. | A plan to extend the period of liability insurance or to revise compensation for damage; |
| 5. | Data necessary for determining whether to improve any statutes or regulations relating to the relevant new product or service of industrial convergence or for determining directions for improvement thereof; |
| 6. | Any other matters recognized by the Minister of Trade, Industry and Energy as necessary for extending temporary permission. |
| (12) | Where the Minister of Trade, Industry and Energy extends the effective period of temporary permission under the proviso of Article 10-6 (9) of the Act, he or she shall issue a certificate of temporary permission in attached Form 8. <Amended on May 12, 2020; Sep. 14, 2021> |
| (13) | Upon completing the improvement of statutes or regulations under Article 10-6 (12) of the Act, the head of the related administrative agency shall notify the Minister of Trade, Industry and Energy of such fact; and the Minister shall notify a person granted temporary permission under Article 10-6 (7) of the Act of the fact that the statutes or regulations applicable to permission, etc. for the relevant new product or service of industrial convergence have been established. <Amended on May 12, 2020; Sep. 14, 2021> |
[This Article Newly Inserted on Jan. 15, 2019]
[Moved from Article 11-5; Previous Article 11-6 moved to Article 11-7 <Sep. 14, 2021>]
| Article 11-7 (Revocation of Temporary Permission) |
| (1) | Where the Minister of Trade, Industry and Energy intends to issue a corrective order to a person granted temporary permission under Article 10-6 (7) of the Act for falling under Article 10-7 (1) 2 of the Act, the Minister may do so for a specified period not exceeding six months: Provided, That the period may be extended by up to three months only once, in unavoidable circumstances. <Amended on Sep. 14, 2021> |
| (2) | Where the Minister of Trade, Industry and Energy issues a corrective order pursuant to paragraph (1), he or she shall do so in writing as to the following: <Amended on Sep. 14, 2021> |
| 2. | Details of the corrective order; |
| 3. | Period of rectification; |
| 4. | Procedures for raising an objection to the corrective order. |
| (3) | The Minister of Trade, Industry and Energy shall provide a person granted temporary permission under Article 10-6 (7) of the Act, who is subject to a corrective order, with an opportunity to submit explanatory materials or to state his or her opinion in advance. <Amended on Sep. 14, 2021> |
| (5) | Upon revoking temporary permission pursuant to Article 10-7 (1) of the Act, the Minister of Trade, Industry and Energy shall publicly announce such fact in the Official Gazette or on the Ministry website. <Amended on Sep. 14, 2021> |
[This Article Newly Inserted on Jan. 15, 2019]
[Moved from Article 11-6; Previous Article 11-7 moved to Article 11-8 <Sep. 14, 2021>]
| Article 11-8 (Assistance in Affairs Relating to Regulatory Exceptions for Demonstration and Temporary Permission) |
| 1. | Affairs for operating the Deliberative Committee on Regulatory Exceptions and the special subcommittees established under Article 10 (1), which relate to regulatory exceptions for demonstration, temporary permission, etc.; |
| 2. | Affairs for operating conflict mediation committees; |
| 3. | Management and supervision specified in Article 11-4 (1); |
| 4. | Any other affairs the Minister of Trade, Industry and Energy deems necessary to seamlessly conduct affairs relating to regulatory exceptions for demonstration and temporary permission. |
| (2) | Details of the affairs specified in the subparagraphs of paragraph (1) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
| (3) | The Minister of Trade, Industry and Energy may fully or partially subsidize expenses incurred in conducting the affairs specified in the subparagraphs of paragraph (1). |
[This Article Newly Inserted on Jan. 15, 2019]
[Moved from Article 11-7 <Sep. 14, 2021>]
| Article 12 (Application for Certification of Compliance of New Products of Industrial Convergence) |
| (1) | A manufacturer, etc. who intend to apply for certification of compliance of a new product of industrial convergence under Article 11 (1) of the Act (hereinafter referred to as "certification of compliance") shall submit an application for the certification of compliance of a new product of industrial convergence in attached Form 10, along with the following documents, to the head of the competent central administrative agency; and in such cases, if it is impracticable for the manufacturer, etc. to determine the competent central administrative agency, the Minister of Trade, Industry and Energy may assist the manufacturer, etc. with matters necessary for the application for certification of compliance, such as the institution that certifies compliance or procedures for the application for certification of compliance: <Amended on Mar. 23, 2013; Nov. 14, 2017; Jan. 15, 2019> |
| 1. | A written explanation of the new product of industrial convergence; |
| 2. | Data substantiating that the relevant product constitutes a new product of industrial convergence; |
| 4. | A test report issued within the past three years from a laboratory referred to in Article 23 of the Framework Act on National Standards or a testing and inspection institution designated by the head of the competent central administrative agency under an individual statute or regulation (limited to where a test report is received); |
| 5. | Other data determined and publicly notified by the head of the competent central administrative agency as deemed necessary for certification of compliance. |
| (2) | The head of the competent central administrative agency in receipt of an application under paragraph (1) shall send copies of the application to the heads of other competent central administrative agencies within five days from the receipt of the application, pursuant to the latter part of Article 11 (1) of the Act, with the exception of its subparagraphs. |
| (3) | The head of the competent central administrative agency who intends to give notice pursuant to the former part of Article 11 (2) of the Act shall give notice in attached Form 11 as to whether the relevant product is subject to examination for certification of compliance of a new product of industrial convergence, within 20 days from the receipt of the application for certification of compliance. <Amended on Jan. 15, 2019> |
| Article 13 (Consultation Relating to Certification of Compliance) |
| (1) | In order to hold consultations relating to certification of compliance pursuant to Article 12 (2) of the Act, the head of the competent central administrative agency shall organize a consultative body for consultation on criteria, etc. for certification of compliance (hereinafter referred to as "consultative body for certification of compliance"), within 30 days from the receipt of an application for certification of compliance. |
| (2) | A consultative body for certification of compliance shall be comprised of the following public officials and civilian experts: |
| 1. | Public officials belonging to the competent central administrative agencies referred to in the subparagraphs of Article 12 (2) of the Act, who are designated by the heads of the relevant agencies; |
| 2. | Civilian experts commissioned by the heads of the competent central administrative agencies from among any of the following persons: Provided, That where the heads of at least two competent central administrative agencies are involved, the head of the competent central administrative agency that has received an application shall commission the experts after consulting with the heads of the other competent central administrative agencies with whom no application is filed: |
| (b) | Experts in the field of certification and test related to the product subject to certification of compliance; |
| (c) | Experts from academic or research circles related to the product subject to certification of compliance; |
| (d) | Representatives of associations or consumer organizations related to the product subject to certification of compliance. |
| 1. | Criteria for certification of compliance; |
| 2. | Methods of and procedures for testing and inspections for certification of compliance, regarding which whether to wholly or partially omit the procedures for certification of compliance including testing and inspections shall be included in the consultation, for a new product of industrial convergence that is certified by a foreign certification institution; |
| 3. | Institutions conducting testing and inspections for certification of compliance; |
| 4. | Other matters necessary for certification of compliance. |
| (4) | The head of the competent central administrative agency may request assistance from the Minister of Trade, Industry and Energy, if necessary for organizing a consultative body for certification of compliance. <Amended on Mar. 23, 2013> |
| Article 14 (Preparation of Criteria for Certification of Compliance) |
| (1) | The head of the competent central administrative agency (including other competent central administrative agencies with which no application is filed, where at least two competent central administrative agencies are involved; hereafter in this Article and Article 15 the same shall apply) shall prepare the criteria for certification of compliance, methods of testing and inspections, and other relevant matters and shall notify them to the applicant, the institution conducting testing and inspections for certification of compliance referred to in Article 13 (3) 3, and related institutions, within 90 days from the receipt of the application for certification of compliance: Provided, That where it is unavoidable to hold consultations on the criteria for certification of compliance, etc., the period may be extended by up to 30 days. |
| (2) | In preparing the criteria for certification of compliance and methods of testing and inspections pursuant to paragraph (1), the head of the competent central administrative agency shall take the following standards, etc. into account: |
| 2. | Criteria for certification and methods of testing and inspections, generally used by domestic and foreign certification institutions or related organizations. |
| Article 15 (Testing and Inspection for Certification of Compliance) |
| (1) | A manufacturer, etc. in receipt of a notification under Article 14 shall submit specimens necessary for testing and inspections for certification of compliance and shall pay fees under Article 34 of the Act to the institution conducting testing and inspections for certification of compliance referred to in Article 13 (3) 3. |
| (2) | A testing and inspection institution in receipt of a request for testing and inspections under Article 14 (1) shall conduct testing and inspections in accordance with the methods agreed under Article 14 and notify the result thereof to the head of the competent central administrative agency within 60 days from the receipt of the request for testing and inspections. |
| Article 16 (Certification of Compliance) |
| (2) | Upon receiving testing and inspection results prescribed in Article 15, the head of the competent central administrative agency shall determine whether to certify compliance, etc.; and shall notify the applicant of the results in the following forms: <Amended on Jan. 15, 2019> |
| 1. | A notice on the results of certification of compliance of the new product of industrial convergence in attached Form 12; |
| 2. | A certificate of compliance of the new product of industrial convergence in attached Form 13 (applicable only where compliance is certified). |
| (3) | Upon certifying compliance under Article 13 (1) of the Act, the head of the competent central administrative agency shall post the following on the website or publish them in the Official Gazette within 10 days from the date compliance is certified: |
| 1. | The type of new product of industrial convergence for which certification of compliance is granted; |
| 2. | The institution that has certified compliance and the date of certification; |
| 3. | Conditions attached, if any, to ensure stability, etc.; |
| (4) | Upon certifying compliance pursuant to paragraph (2), the head of the competent central administrative agency (where the heads of at least two competent central administrative agencies are involved, including the heads of other competent central administrative agencies with which no application is filed) shall publish the following in the Official Gazette pursuant to Article 13 (4) of the Act after gathering opinions pursuant to Articles 46 and 47 of the Administrative Procedures Act: |
| 1. | Criteria for certification of compliance; |
| 2. | Procedures and methods for certification of compliance. |
| Article 17 (Reissuance of Certificate of Compliance) |
In any of the following cases, a person who has received a certificate of compliance of a new product of industrial convergence pursuant to Article 16 (2) may apply for reissuance of the certificate of compliance to the head of the competent central administrative agency, appending the documents substantiating such fact: | 1. | Where the certificate of compliance is lost or becomes unusable due to damage; |
| 2. | Where the name or location of the manufacturer is changed. |
| Article 18 (Objection against Denial to Certification of Compliance) |
A person who intends to file an objection regarding certification of compliance pursuant to Article 15 (1) of the Act shall submit to the head of the competent central administrative agency a written objection against the results of certification of compliance of a new product of industrial convergence in attached Form 14, along with the notice on the results of application for certification of compliance of the new product of industrial convergence, and documents substantiating such fact, within 60 days from receipt of the notice on the results of certification of compliance of the new product of industrial convergence referred to in Article 16 (2) 1. <Amended on Jan. 15, 2019>
| Article 19 (Persons Subject to Purchase of Insurance or Subscription to Mutual Aid Fund) |
| (1) | "Cases specified by Presidential Decree" in the proviso, with the exception of its subparagraphs, of Article 16 (1) of the Act means cases where any product subject to certification of compliance becomes subjected to permission, etc. under any statutes specified in attached Table 1 and is recognized by the head of the competent central administrative agency as a product highly likely to cause harm to the lives, bodies, or property of consumers. |
| (2) | A manufacturer, etc. who have received certification of compliance pursuant to paragraph (1) shall purchase insurance or subscribe to a mutual aid fund pursuant to the proviso, with the exception of its subparagraphs, of Article 16 (1) of the Act, with the exception of its subparagraphs before the first release of the product that has obtained certificate of compliance. |
| (3) | Where necessary for consumer protection, the Minister of Trade, Industry and Energy may publicly notify products subject to purchase of insurance or subscription to a mutual aid fund in accordance with the proviso, with the exception of its subparagraphs, of Article 16 (1) of the Act following deliberation of the Committee. <Amended on Mar. 23, 2013> |
| Article 20 (Subject-Matter of Insurance against Injuries) |
| (1) | The scope of the insurance or mutual aid fund under the proviso of Article 16 (1) of the Act shall cover harm to the health and safety, and economic loss to consumers caused by the new product of industrial convergence. |
| (2) | Insurance proceeds under the proviso, with the exception of its subparagraphs, of Article 16 (1) of the Act (hereinafter referred to as "insurance proceeds") shall be based on the amount classified as follows, but shall not exceed the actual amount of damage: Provided, That in cases falling under the proviso of subparagraph 1 (a), the insurance proceeds may exceed the actual amount of damage: <Amended on Jan. 15, 2019; May 12, 2020> |
| 1. | In cases of personal damage: The following amount per victim: |
| (a) | In cases of death: 150 million won: Provided, That where the actual amount of harm is less than 20 million won, the insurance proceeds shall be 20 million won; |
| (b) | In cases of injury: 30 million won; |
| (c) | Where a person has received medical treatment regarding injury, but cannot expect further response to medical treatment and has a physical disability (hereinafter referred to as "sequelae") caused by such injury under permanent symptoms: 150 million won per person; |
| (d) | Where a single case causes at least two losses referred to in items (a) through (c): The amount calculated by the following formula: |
| (i) | Where an injured person dies from the relevant injury during treatment: |
The amount specified in item (a) plus the amount specified in item (b);
| (ii) | Where an injured person suffers from sequelae due to the relevant injury: |
The amount specified in item (b) plus the amount specified in item (c);
| (iii) | Where the person dies from the relevant injury after the amount specified in item (c) is paid: |
The amount specified in item (a) minus damages corresponding to the period after the date of death out of the amount paid under item (c);
| 2. | In cases of physical damage: One billion won per accident. |
| 3. | Deleted; <May 12, 2020> |
| 4. | Deleted; <May 12, 2020> |
| 5. | Deleted; <May 12, 2020> |
| 6. | Deleted; <May 12, 2020> |
| 7. | Deleted. <May 12, 2020> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the purchase of insurance, subscription to a mutual aid fund, and other relevant matters shall be determined by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
CHAPTER IV ASSISTANCE IN PROMOTING INDUSTRIAL CONVERGENCE AND INVIGORATION THEREOF
| Article 21 (Scope of New Convergence Industries) |
| (1) | The scope of new convergence industries under Article 17 (1) of the Act shall be determined by the head of a related central administrative agency following deliberation of the Committee. |
| (2) | In determining the scope of new convergence industries pursuant to paragraph (1), the following matters shall be taken into account: |
| 1. | Degree of linkage between the technology and industries; |
| 2. | Marketability and growth potential; |
| 4. | Possibility of fostering small and medium enterprises. |
| (3) | Upon determining the scope of new convergence industries prescribed in paragraph (1), the head of the related central administrative agency shall publicly notify it in the Official Gazette. |
| Article 22 (Business Eligible for Assistance for New Convergence Industries) |
| (1) | A person who intends to receive assistance pursuant to Article 17 (2) of the Act shall submit a business plan (including details of the subsidy for which an application is filed), along with the following documents, to the head of a related central administrative agency: |
| 1. | Data substantiating that his or her business falls under a new convergence industry provided in Article 21; |
| 2. | Other data determined and publicly notified by the head of the related central administrative agency. |
| (2) | The head of a related central administrative agency in receipt of an application under paragraph (1) shall notify the applicant whether he or she is eligible for assistance and other relevant matters, within 30 days from the receipt of the applicationunless there is a compelling reason not to do so. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for assisting new convergence industries shall be determined and publicly notified by the head of the related central administrative agency. |
| Article 23 (Scope of Industrial-Convergence-Oriented Tasks) |
| (1) | In determining industrial-convergence-oriented tasks pursuant to Article 18 (1) of the Act (hereafter in this Article referred to as "industrial-convergence-oriented tasks"), the head of a related central administrative agency shall take the following matters into account: |
| 1. | Degree of linkage between the technology convergence and industries; |
| 2. | Marketability and growth potential; |
| 4. | Possibility of creating jobs; |
| 5. | Possibility of participation by small and medium enterprises (limited to tasks in which enterprises are able to participate). |
| (2) | A person in receipt of contributions under Article 18 (2) of the Act shall manage the contributions by establishing accounts by industrial-convergence-oriented task. |
| (3) | The contributions under paragraph (2) shall be used to cover the following expenses associated with industrial-convergence-oriented tasks, as prescribed by the head of the related central administrative agency: |
| 2. | Direct costs, such as expenses for research equipment and materials, research activities, and research allowances; |
| 3. | Indirect costs, such as expenses for supporting research and expenses for supporting utilization of research outcomes; |
| 4. | Costs of research and development entrusted. |
| Article 24 (Designation of Institutions That Perform Affairs Related to Intellectual Property Rights) |
| (1) | A person who intends to be designated as an institution or organization that performs affairs related to intellectual property rights pursuant to Article 19 (2) of the Act shall submit to the head of the related central administrative agency an application for designation as an institution or organization that performs affairs related to intellectual property rights for promotion of industrial convergence in attached Form 15, along with the documents substantiating that it meets the criteria determined and publicly notified by the head of the related central administrative agency. <Amended on Jan. 15, 2019> |
| (2) | When designating an institution or organization that performs affairs related to intellectual property rights pursuant to Article 19 (2) of the Act, the head of the related central administrative agency shall issue a certificate of designation as an institution or organization that performs affairs related to intellectual property rights in attached Form 16; and shall publicly notify such fact. <Amended on Jan. 15, 2019> |
| Article 25 (Assistance to Joint Organization for Industrial Convergence) |
| 1. | Time to establish joint organizations for industrial convergence referred to in Article 21 (1) of the Act (hereinafter referred to as "joint organization for industrial convergence"); |
| 2. | Details of activities of joint organizations for industrial convergence; |
| 3. | Other matters necessary for invigorating joint organizations for industrial convergence. |
| (2) | The Minister of Trade, Industry and Energy may, if necessary, require a corporation related to industrial convergence as a corporation incorporated under Article 32 of the Civil Act to establish a database of joint organizations for industrial convergence. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy shall devise means to share the database, etc. established under paragraph (1). <Amended on Mar. 23, 2013> |
| Article 26 (Selection of Leading Enterprises in Industrial Convergence) |
| (1) | A person who intends to be selected as a leading enterprise in industrial convergence under Article 22 (3) of the Act (hereinafter referred to as "leading enterprise in industrial convergence") shall submit to the head of the related central administrative agency an application for selection as a leading enterprise in industrial convergence in attached Form 17, along with documents evidencing the outcomes of industrial convergence achieved through exchange of human resources, etc. between different types of industries. <Amended on Jan. 15, 2019> |
| (2) | The head of the related central administrative agency in receipt of an application under paragraph (1) shall verify the applicant's business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That if the applicant gives no consent to the verification of the business registration certificate, he or she shall be required to attach a copy thereof: <Amended on Dec. 9, 2014> |
| 1. | Deleted; <Dec. 9, 2014> |
| 2. | Deleted. <Dec. 9, 2014> |
| (3) | Upon selection of a leading enterprise in industrial convergence, the head of the related central administrative agency shall issue a certificate of selection as a leading enterprise in industrial convergence in attached Form 18. <Amended on Jan. 15, 2019> |
| (4) | In promoting the following projects, the head of a related central administrative agency may preferentially support enterprises selected as leading enterprises in industrial convergence under paragraph (2): |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the designation of, and support, etc. for leading enterprises in industrial convergence shall be determined and publicly notified by the head of a related central administrative agency. |
| Article 27 (Procedures for Pilot Projects) |
| (1) | When the head of a related central administrative agency intends to implement a pilot project that involves at least two central administrative agencies pursuant to Article 23 (1) of the Act, he or she shall establish an implementation plan for the pilot project and submit it to the Committee for deliberation. |
| (2) | The implementation plan for a pilot project under paragraph (1) shall include the following: |
| 2. | Target products and services; |
| 3. | Target areas and implementation period; |
| 4. | An implementation system; |
| 6. | Other matters necessary for the smooth implementation of the pilot project. |
| Article 28 (Assistance in Pilot Projects) |
| (1) | The head of a related central administrative agency may provide the following assistance to a person who participates in a pilot project under Article 23 (1) of the Act: |
| 1. | Grant of subsidies or contributions; |
| 2. | Establishment of a foundation necessary for efficiently implementing the pilot project; |
| 3. | Protection of intellectual property rights pertaining to the pilot project; |
| 4. | Other matters deemed necessary for achieving the purpose of the pilot project. |
| (2) | Article 23 (2) and (3) shall apply mutatis mutandis to the payment of contributions under paragraph (1) 1. |
| Article 29 (Persons Eligible to Receive Assistance in Industrial Convergence Projects) |
| 2. | Enterprises that conduct business that falls into the category of financial business, except insurance and pension funding (64), insurance and pension funding (65), or activities auxiliary to financial services and insurance activities (66) under the Korean Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 (1) of the Statistics Act. |
| Article 30 (Procedures for Providing Assistance in Industrial Convergence Projects) |
| (1) | "Details of the industrial convergence project and facts specified by Presidential Decree" in Article 24 (2) of the Act means the following: |
| 1. | Outline of the industrial convergence project; |
| 2. | Objectives of the industrial convergence project; |
| 3. | Level of convergence and technological properties of the industrial convergence project; |
| 4. | Marketability and economic influence of the industrial convergence project; |
| 5. | Annual implementation plans for the industrial convergence project; |
| 6. | Application plan for the industrial convergence project; |
| 7. | Other matters concerning the industrial convergence project, which are determined and publicly notified by the head of the competent central administrative agency. |
| (2) | A person who falls under any subparagraph of Article 24 (1) of the Act (hereinafter referred to as "small or medium enterprise, etc.") and intends to receive contributions, subsidies, or assistance under Article 24 (1) of the Act shall submit to the head of the related central administrative agency a plan for an industrial convergence project including the matters set forth in the subparagraphs of paragraph (1), accompanied by documents substantiating that he or she is a small or medium enterprise, etc. |
| (3) | The head of a related central administrative agency may provide the following assistance pursuant to Article 24 (3) of the Act: |
| 1. | Assistance in development of research tasks; |
| 2. | Contribution to technology development funds; |
| 3. | Assistance in convergence funds; |
| 4. | Assistance in guarantee; |
| 5. | Assistance to secure domestic and overseas markets; |
| 6. | Training of human resources, and provision of guidance and education to them. |
| (4) | Article 23 (2) and (3) shall apply mutatis mutandis to the payment of contributions under paragraph (3) 2. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for providing assistance to a small or medium enterprise, etc. shall be determined and publicly notified by the head of a related central administrative agency. |
| Article 31 (Procedures and Requirements for Designation of Industrial Convergence Center) |
| (1) | An institution or corporation that fulfills all of the following requirements shall be eligible to be designated as the industrial convergence center under Article 26 (1) of the Act (hereinafter referred to as the "center"): <Amended on Dec. 9, 2014; Apr. 6, 2021> |
| 1. | It shall be any of the following institutions: |
| (a) | National or public research institutes; |
| (c) | Government-funded science and technology research institutions under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions; |
| (f) | An institution specialized in the field of industrial convergence as a nonprofit corporation or organization incorporated under the Civil Act or any other statute; |
| 2. | It shall have at least four persons exclusively responsible for the relevant services as persons falling under any of the following: |
| (a) | Persons with at least a master's degree in a related field; |
| (b) | Persons with a bachelor's degree who have served in a field related to industrial convergence for at least two years at a corporation or organization; |
| (2) | Upon designating the center, the Minister of Trade, Industry and Energy shall publicly announce the following in the Official Gazette or on the Ministry website: <Amended on Mar. 23, 2013> |
| 1. | The name of the center; and its representative's name and address; |
| 2. | The scope and details of services of the center. |
| (3) | "Affairs specified by Presidential Decree" in Article 26 (2) 7 of the Act means the following services: <Amended on Nov. 14, 2017; Jan. 15, 2019> |
| 1. | Development and application of a measurement index of convergence; |
| 2. | Establishment of an information system related to new convergence industries and support for its utilization; |
| 3. | Assistance in affairs relating to regulatory exceptions and temporary permission; |
| 4. | Affairs entrusted by the head of a central administrative agency regarding the certification of compliance of new products of industrial convergence; |
| 5. | Other affairs related to cooperation and coordination among organizations related to industrial convergence. |
| (4) | The head of the center shall submit an annual report on the following to the Minister of Trade, Industry and Energy by December 31 of each year: <Amended on Mar. 23, 2013> |
| 2. | Details of the use of subsidies (limited to where subsidies are granted to cover expenses under Article 26 (4) of the Act). |
| Article 32 (Institutions Requested to Dispatch Personnel to Center) |
"Universities, institutions, or organizations specified by Presidential Decree" in Article 26 (3) of the Act means the following universities, institutions or organizations: <Amended on Mar. 23, 2013> | 2. | A national or public research institute (including Korea Advanced Institute of Science and Technology under the Korea Advanced Institute of Science and Technology Act, Gwangju Institute of Science and Technology under the Gwangju Institute of Science and Technology Act, and Daegu Gyeongbuk Institute of Science and Technology under the Daegu Gyeongbuk Institute of Science and Technology Act; hereinafter the same shall apply); |
| 6. | Any other institution or organization determined and publicly notified by the Minister of Trade, Industry and Energy. |
| Article 33 (Public Announcement of Cancellation of Designation) |
Where the Minister of Trade, Industry and Energy cancels the designation of the center or orders it to suspend its business operations pursuant to Article 26 (6) of the Act, he or she shall publicly announce such fact in the Official Gazette or on the website, without delay. <Amended on Mar. 23, 2013>
CHAPTER V ESTABLISHMENT OF INFRASTRUCTURE FOR INDUSTRIAL CONVERGENCE
| Article 34 (Designation of Universities Specialized in Industrial Convergence) |
| (1) | Pursuant to Article 28 (1) of the Act, the Minister of Science and ICT and the Minister of Trade, Industry and Energy shall jointly designate universities specialized in industrial convergence, graduate schools specialized in industrial convergence, or research institutes affiliated with a university specialized in industrial convergence (hereinafter referred to as "universities specialized in industrial convergence, etc.") after mutual consultation. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | "Research institutes affiliated with a university that meets the standards prescribed by Presidential Decree for facilities and faculty members" in Article 28 (1) 1 of the Act means the research institutes affiliated with a university that fulfills all of the following criteria: <Amended on Mar. 23, 2013; Dec. 9, 2014; Jul. 26, 2017> |
| 1. | It shall be equipped with educational facilities necessary for education on industrial convergence; exclusive research facilities; and specialized research equipment for the research thereon; |
| 2. | It shall have at least three full-time faculty members belonging to the research institute and at least 10 professional research personnel with a doctoral degree or equivalent necessary for research on industrial convergence; |
| 3. | It shall fulfill other criteria jointly determined and publicly notified by the Minister of Science and ICT and the Minister of Trade, Industry and Energy after mutual consultation. |
| (3) | A person who intends to be designated as a university specialized in industrial convergence, etc. pursuant to Article 28 (1) of the Act shall submit an application for designation as a university specialized in industrial convergence, etc. in attached Form 19, along with documents substantiating that it falls under any subparagraph of Article 28 (1) of the Act, to the Minister of Science and ICT or to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jan. 15, 2019> |
| (4) | Where the Minister of Science and ICT and the Minister of Trade, Industry and Energy designate a university specialized in industrial convergence, etc. pursuant to Article 28 (1) of the Act, they shall give a joint public notice of such fact. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Expenses to be subsidized for training professional personnel for industrial convergence; |
| 2. | Expenses to be subsidized for research on industrial convergence. |
| (6) | Except as provided in paragraphs (1) through (5), matters regarding the criteria and procedures for designation of universities specialized in industrial convergence, etc. shall be jointly determined and publicly notified by the Minister of Science and ICT and the Minister of Trade, Industry and Energy after mutual consultation. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 35 (Institutions for Execution of Projects for Standardization of Industrial Convergence) |
"Institution or organization specified by Presidential Decree” in Article 29 (2) of the Act means the following institutes and organizations: | 4. | An institution specialized in the field of industrial convergence standardization as a nonprofit corporation incorporated under the Civil Act. |
| Article 36 (Institutions That Perform Affairs Related to Promotion of, and Assistance in, International Cooperation and Advance to Overseas Markets) |
"Institution or organization specified by Presidential Decree" in the former part of Article 30 (3) of the Act means any of the following institutions or organizations: | 3. | A national or public research institute; |
| 10. | An institution specialized in the fields of industrial convergence and standardization as a nonprofit corporation or organization incorporated under the Civil Act or any other statute. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| (1) | Fees for certifying compliance payable under Article 34 of the Act shall be determined by the head of the competent central administrative agency following consultation with the consultative body for certification of compliance. |
| (2) | In determining fees for certifying compliance under paragraph (1), the head of the competent central administrative agency shall take the following matters into account: |
| 1. | Expenses for permission, etc. under an individual statute or regulation, which is deemed granted under Article 13 (3) of the Act, and for conducting testing and inspections; |
| 2. | Level of difficulty of testing and inspections pertaining to convergence of a new product of industrial convergence. |
| Article 38 (Delegation of Authority and Entrustment of Affairs) |
| (1) | The Minister of Trade, Industry and Energy shall delegate the following authority to the Administrator of the Korean Agency for Technology and Standards pursuant to Article 36 (1) of the Act: <Amended on Mar. 23, 2013; Dec. 11, 2013; Nov. 14, 2017> |
| 1. | Assistance with matters necessary for filing applications for certification of compliance under the latter part, with the exception of its subparagraphs, of Article 12 (1); |
| 2. | Assistance in organization of a consultative body for certification of compliance under Article 13 (4). |
| (2) | Pursuant to Article 36 (1) of the Act, the Minister of Science and ICT, the Minister of Trade, Industry and Energy, the Minister of Environment, and the Minister of Employment and Labor shall delegate the following authority over the matters under their jurisdiction to the heads of the institutions under their control specified in attached Table 3: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 5. | Organizing a consultative body for certification of compliance, designating public officials under their control, and commissioning civilian experts, and making a request for assistance under Article 13; |
| 7. | Determining whether to certify compliance under Article 16 (2); |
| 8. | Publicly notifying criteria for certification of compliance under Article 16 (4). |
| (3) | In accordance with Article 36 (1) of the Act, the Minister of Science and ICT and the Minister of Environment shall delegate the following authority over the matters under their jurisdiction to the heads of the institutions under their control specified in attached Table 4: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 3. | Receiving applications for certification of compliance under Article 12 (1); |
| 4. | Sending copies of applications to the heads of other competent central administrative agencies under Article 12 (2); |
| 5. | Giving notices as to whether the relevant products are subject to the examination for certification of compliance under Article 12 (3); |
| 6. | Announcing the criteria for certification of compliance to applicants, institutions conducting testing and inspections for certification of compliance, and related institutions under Article 14 (1); |
| 7. | Receiving the results of testing and inspections from testing and inspection institutions under Article 15 (2); |
| 8. | Notifying the results of testing and inspections under Article 16 (2); |
| 9. | Posting the results of application for certification of compliance on the website or publish them in the Official Gazette under Article 16 (3); |
| 10. | Receiving applications for reissuance of certificates of compliance under Article 17. |
| (4) | Pursuant to Article 36 (2) of the Act, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, and the Commissioner of the National Fire Agency shall entrust the affairs under their jurisdiction (excluding matters authority over which is delegated under paragraph (3)) set forth in the subparagraphs of paragraph (3) to related specialized institutions or organizations specified in attached Table 5: Provided, That, where the head of each central administrative agency deems it necessary for facilitating tasks related to the certification of compliance, he or she may entrust said affairs to the center. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Nov. 14, 2017> |
| 7. | Receiving applications for extension of the effective period of regulatory exceptions for demonstration and notifying the results of extension, under the proviso of Article 10-5 (2) of the Act; |
| 7-2. | Receiving requests for legislative arrangements relating to matters concerning regulatory exceptions under Article 10-5 (3) of the Act; |
| 8. | Receiving the results of application of regulatory exceptions for demonstration and business results under Article 10-5 (9) of the Act; |
| 12. | Receiving applications for extension of the effective period of temporary permission and notifying the results of extension, under the proviso of Article 10-6 (9) of the Act; |
| 13. | Receiving materials verifying the purchase of liability insurance under Article 11-3 (5) (including where it is applied mutatis mutandis in Article 11-6 (5)); |
| 14. | Receiving statements of the reasons for the inability to purchase liability insurance and attached documents under Article 11-3 (8) (including where it is applied mutatis mutandis in Article 11-6 (7)); |
| 15. | Receiving additional data prescribed in Article 11-5 (4) (including cases applied mutatis mutandis pursuant to paragraph (14) of the same Article). |
| (6) | Upon entrusting tasks under paragraphs (4) and (5), the head of the central administrative agency shall post such information as the entity entrusted with such tasks, the tasks entrusted, etc., on its website or publish them in the Official Gazette. <Newly Inserted on Nov. 14, 2017; Jan. 15, 2019; May 12, 2020> |
| (7) | Pursuant to Article 36 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust the center with conducting surveys and preparing statistics related to industrial convergence referred to in Article 7 of the Act under his or her jurisdiction. <Amended on Mar. 23, 2013; Nov. 14, 2017; Jan. 15, 2019> |
[Title Amended on Jan. 15, 2019]
| Article 38-2 Deleted. <Dec. 24, 2018> |
CHAPTER VII PENALTY PROVISIONS
| Article 39 (Imposition and Collection of Administrative Fines) |
ADDENDUM <Presidential Decree No. 23190, Sep. 30, 2011>
This Decree shall enter into force on October 6, 2011.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 24496, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24955, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28435, Nov. 14, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28846, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDA <Presidential Decree No. 29484, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 17, 2019.
Article 2 (Applicability to Subject-Matter of Insurance against Injuries)
The amended provisions of Article 20 (2) and attached Table 2 shall begin to apply to the first insurance or mutual aid fund purchased or subscribed to, or to the first contract for insurance or for a mutual aid fund renewed, after this Decree enters into force.
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.
ADDENDA <Presidential Decree No. 30668, May 12, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Application for Regulatory Exceptions for Demonstration)
The amended provisions of Articles 11-3 (3) and (4), and 11-5 (3) and (4) shall also apply to applications received before this Decree enters into force and under review as at the time this Decree enters into force. Article 3 (Applicability to Insurance Proceeds)
The amended provisions of Article 20 (2) (including cases applied mutatis mutandis pursuant to the amended provisions of Articles 11-3 (6) and 11-5 (6)) shall begin to apply to an insurance purchased or mutual aid entered into, and an insurance or mutual aid contract renewed after this Decree enters into force.
ADDENDA <Presidential Decree No. 31611, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 8, 2021.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 31981, Sep. 14, 2021>
This Decree shall enter into force on September 16, 2021.