CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to create economic value from data and lay the foundation for the development of the data industry by prescribing matters necessary for facilitating the generation, trade, and utilization of data, thereby contributing to the improvement of people's lives and the development of the national economy.
The terms used in this Act are defined as follows:
| 1. | The term "data" means data or information that can be processed in an optical or electronic manner, such as data obtained by observation, experimentation, investigation, collection, etc. for the purpose of creating various added value, or generated through information systems and software, etc. defined in subparagraph 1 of Article 2 of the Software Promotion Act; |
| 3. | The term "private data" means data created, acquired, and managed by a person other than any State agency, local government, or public institution (referring to a public institution defined in subparagraph 16 of Article 2 of the Framework Act on Intelligent Informatization; hereinafter the same shall apply); |
| 4. | The term "data generator" means a person who engages in economic activities related to the creation, processing, or production of data; |
| 5. | The term "data industry" means an industry that provides services related to a series of processes, such as production, distribution, trading, and utilization of data, and other related services, in order to create economic added value; |
| 6. | The term "data business entity" means a person operating in the data industry; |
| 7. | The term "data trading business entity" means a data business that sells data directly or engages in the business of arranging trades between those who want to sell data and those who want to buy data; |
| 8. | The term "data analysis provider" means a data provider among data businesses whose business is to collect, combine, process data, and provide integrated and analyzed information. |
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall endeavor to lay the foundation for facilitating the generation, trade, and utilization of data. |
| (2) | The State and local governments may enable the movement of data at home and abroad to the extent necessary to facilitate the generation, trade, and utilization of data. |
| (3) | The State and local government shall respect the creativity of the private sector and strive to enable a market-oriented consensus-making. |
| (5) | The State and local governments shall endeavor to promote a win-win cooperation and harmonious development between large enterprises, small and medium-sized enterprises, and venture businesses in the data industry. |
| (6) | The State and local governments shall endeavor to minimize regulation that impedes the facilitation of the generation, trade, and utilization of data. |
| (1) | The Government shall formulate a master plan for the promotion of the data industry (hereinafter referred to as the "master plan") in consultation with the heads of relevant central administrative agencies every three years in order to facilitate the generation, trade, and utilization of data and lay the foundation for the data industry. |
| (2) | A master plan shall be finalized after deliberation by the National Data Policy Committee under Article 6. |
| 1. | The basic direction of policy measures to promote the generation, trade, and utilization of data; |
| 2. | Matters regarding the production and protection of data; |
| 3. | Matters regarding the facilitation of data trades; |
| 4. | Matters regarding promoting the utilization of data; |
| 5. | Matters regarding the training of data specialists; |
| 6. | Matters regarding laying the foundation for the data industry; |
| 7. | Matters regarding the nurturing of data business operators and data-specialized enterprises, such as support for the establishment and growth of the data industry, and special support for small and medium enterprises under Article 31; |
| 8. | Matters regarding support for international cooperation related to the data industry; |
| 9. | Matters regarding data-related plans formulated and operated under other statutes; |
| 10. | Other matters prescribed by Presidential Decree for the promotion of the data industry. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the formulation and implementation of master plans shall be prescribed by Presidential Decree. |
| Article 5 (Implementation Plans) |
| (1) | The Minister of Science and ICT shall formulate an annual implementation plan for the promotion of the data industry (hereinafter referred to as "implementation plan") based on the master plan. In such cases, the Minister shall consult with the Minister of the Interior and Safety on matters regarding public data. |
| (2) | An implementation plan shall be finalized after deliberation by the Content Industry Promotion Committee under Article 6. |
| (3) | The Minister of Science and ICT may request the heads of relevant central administrative agencies or the heads of local governments to provide materials necessary for formulating implementation plans under paragraph (1). |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for procedures, etc. for the formulation and promotion, etc. of implementation plans shall be prescribed by Presidential Decree. |
| Article 6 (National Data Policy Committee) |
| (1) | The National Data Policy Committee shall be established under the Prime Minister to deliberate on the following issues related to the promotion of generation, trade, and utilization of data (hereafter in this Chapter referred to as the “Committee”): |
| 1. | Matters regarding the formulation and promotion of a master plan and implementation plans; |
| 2. | Matters regarding the improvement of policies and systems related to the generation, trade, and utilization of data; |
| 3. | Matters regarding the general supervision and control and coordination of policies to promote the data industry and plans related to the promotion of the data industry formulated and implemented under other statutes; |
| 4. | Matters regarding the evaluation and inspection of the execution performance of the major policy measures of a master plan and implementation plans; |
| 5. | Other matters the chairperson deems necessary. |
| (2) | The Committee shall consist of up to 30 members including one chairperson. |
| (3) | The Prime Minister shall serve as the chairperson and the following persons shall be the members of the Committee: |
| 1. | The Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of SMEs and Startups, the chairperson of the Korea Communications Commission, the Chairperson of Fair Trade Commission, the Chairperson of Financial Services Commission, and the Chairperson of Personal Information Protection Commission; |
| 2. | Persons commissioned by the chairperson from among those who have extensive expert knowledge and experience in the data industry. |
| (4) | Each member under paragraph (3) 2 shall hold office for a term of two years and may be appointed consecutively only once. |
| (5) | The Committee shall have two executive secretary members, and the Minister of Science and ICT and the Minister of the Interior and Safety shall serve as the executive secretary members. |
| (6) | A secretariat may be established under the Ministry of Science and ICT to assist the activities of the Committee and handle administrative affairs. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the Committee and secretariat shall be prescribed by Presidential Decree. |
| Article 7 (Relationship to Other Statutes) |
| (1) | Except as otherwise provided in other statutes, facilitating the generation, trade, and utilization of data shall be governed by this Act. |
| Article 8 (Securing Financial Resources) |
The Government shall endeavor to raise funds necessary for promoting the generation, trade, and utilization of data and for promoting the data industry.
CHAPTER II PRODUCTION, UTILIZATION, AND PROTECTION OF DATA
| Article 9 (Promoting Data Production) |
| (1) | The Government shall create an environment where data and data products in various fields and forms can be produced, and formulate policy measures to enhance the expertise of data generators and strengthen their competitiveness. |
| (2) | The Government may provide financial and technical support to data generators. |
| (3) | The Government shall endeavor to establish an institutional foundation to promote the development and research of data or data products through the joint utilization of personnel, facilities, materials, funds, and information. |
| (4) | The head of a relevant central administrative agency shall reflect the policy measures to promote data production by field and by type established under paragraph (1) in the implementation plan, as prescribed by Presidential Decree. |
| Article 10 (Facilitation of Data Combination) |
| (1) | The Minister of Science and ICT and the Minister of the Interior and Safety shall prepare and promote necessary policy measures such as exchanges between industries and the establishment of a convergence foundation with other fields to promote the production of new data through the combination of data. |
| (2) | The Minister of Science and ICT and the Minister of the Interior and Safety shall prepare exchange and cooperation plans to promote the combination of public and private data. |
| (3) | The Minister of Science and ICT may provide the following support to facilitate the combination of data under paragraphs (1) and (2): |
| 1. | Development and implementation of cooperative education programs between domestic and foreign research institutes, universities, and companies; |
| 2. | Invigoration of the exchange of data experts between industries; |
| 3. | Projects for trading and utilizing combined data; |
| 4. | Funds for those who conduct the relevant project; |
| 5. | Other matters necessary for the combination of data and the vitalization of convergence thereof. |
| (4) | Matters necessary for the details of the formulation and promotion of policy measures under paragraph (1), a plan for exchange and cooperation under paragraph (2), and support, etc. under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 11 (Designation of Data Safety Zones) |
| (1) | The Minister of Science and ICT and the head of a relevant central administrative agency may designate and operate an area where anyone can safely analyze and utilize data (hereinafter referred to as "data safety zone"). |
| (2) | The Minister of Science and ICT and the head of a central administrative agency may provide unopened data, analytical systems, and tools, etc. to support the use of the data safety zone. |
| (3) | The Minister of Science and ICT and the head of a relevant central administrative agency may request the Government, local governments, public institutions, private corporations, etc. to provide data if necessary to support unopened data under paragraph (2). |
| (4) | The Minister of Science and ICT and the head of a central administrative agency may provide technical and financial support necessary for providing data under paragraph (3). |
| (5) | The Minister of Science and ICT and the heads of relevant central administrative agencies shall establish and implement technical, physical, and administrative security measures against illegal access by third parties to a data safety zone, alteration, damage, leakage, and destruction of data, and other risks, as prescribed by Presidential Decree. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the designation procedures, operation, etc. of a data safety zone shall be prescribed by Presidential Decree. |
| Article 12 (Protection of Data Assets) |
| (1) | Data with economic value created by a data generator with a considerable investment in human or material resources (hereinafter referred to as "data asset") shall be protected. |
| (2) | No person shall infringe on the economic interests of a data generator by illegally using the data assets under paragraph (1), including unauthorized acquisition, use, disclosure, or provision of the data assets to others in a manner contrary to fair commercial practices or competitive order, or by evading, removing, or altering the technical protection measures applied to the data assets without legitimate authority. |
| Article 13 (Support for Analysis of Information Using Data) |
| (1) | In order to promote data-based information analysis, the Government may support programs necessary for information analysis, such as data collection and processing. |
| (2) | When using data for information analysis, the protection and use of works, etc. under subparagraph 7 of Article 2 of the Copyright Act contained in the data shall be governed by that Act. |
CHAPTER III PROMOTION OF DATA USE
| Article 14 (Support for Valuation) |
| (1) | The Minister of Science and ICT may establish and publish valuation techniques and systems regarding data (excluding public data; hereafter in this Article the same shall apply) in order to promote the objective valuation of data. |
| (2) | The Minister of Science and ICT shall support the valuation techniques and systems under paragraph (1) so that they can be utilized in data-related trades and finance. |
| (3) | The Minister of Science and ICT may designate a valuation agency to valuate data in circulation in a specialized and efficient manner (hereinafter referred to as "valuation agency"). |
| (4) | Any person who intends to have the data valuated may file an application with a valuation agency designated under paragraph (3). |
| (5) | A valuation agency that receives an application for valuation under paragraph (4) shall valuate the data and notify the applicant of the results without delay. |
| (6) | A valuation agency shall notify the Minister of Science and ICT of the valuation information for the relevant year by the end of January of the following year, unless there are compelling reasons prescribed by presidential decree, such as the confidentiality of managerial or trade secrets. |
| (7) | The head of a valuation agency shall consult on the following matters with the Minister of Science and ICT: |
| 1. | The subjects of valuation; |
| 2. | The scope of valuation; |
| 3. | The fees of valuation. |
| (8) | Matters necessary for the criteria and procedures for designating a valuation agency and the application procedures for valuation shall be prescribed by Presidential Decree. |
| Article 15 (Facilitation of Data Movement) |
The Government shall endeavor to establish an institutional foundation for transferring data to individuals or third parties in a form that can be processed by an information processing device, such as a computer, in order to facilitate the generation, trade, and utilization of data.
| Article 16 (Reporting by Data Business Entity) |
| (1) | The following business entities shall file a report with the Minister of Science and ICT; the same shall also apply to cases where any reported matter is altered: |
| 1. | A data trading business entity; |
| 2. | Data analysis provider. |
| (2) | The Minister of Science and ICT and the head of a relevant central administrative agency may provide financial and technical support, etc. to a business entity that has filed a report pursuant to paragraph (1). |
| (3) | Matters necessary for the standards, procedures, etc. of reporting under paragraph (1) shall be prescribed by Ordinance the Ministry of Science and ICT. |
| Article 17 (Creation of Fair Distribution Environment) |
| (1) | The Minister of Science and ICT shall create a fair competition environment and promote mutual cooperation between large enterprises and small and medium enterprises in trading data. |
| (2) | A person prescribed by Presidential Decree among data business entities shall not take advantage of his or her position to impose unfair contracts or make unfair gains, such as demanding the unilateral transfer of intellectual property rights related to data without reasonable reasons. |
| (3) | The Minister of Science and ICT may request the head of a relevant agency to take necessary measures when he or she deems that a data business entity is engaged in an act in violation of paragraph (2). |
| (4) | The Minister of Science and ICT may perform the following projects to create a fair competition environment in the data market: |
| 1. | The analysis and evaluation of the status of the data market; |
| 2. | The composition and operation of a consultative body participated by business entities relating to data trading; |
| 3. | Inspection of actual condition concerning the use of a standard contract; |
| 4. | Other projects necessary for the creation of a fair competition environment. |
CHAPTER IV FACILITATION OF DISTRIBUTION AND TRADING OF DATA
| Article 18 (Establishment of Data Distribution and Trading System) |
| (1) | The Minister of Science and ICT may establish a data distribution and trading system to activate data distribution and trading, and provide support necessary for laying the foundation for the distribution and trading of data. |
| (2) | The Minister of Science and ICT may establish and operate a data distribution system to facilitate the distribution and trading of data. |
| (3) | Methods and standards necessary for supporting the establishment of a foundation for the distribution and trading of data under paragraph (1), and matters necessary for operating a data distribution system under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 19 (Support for Data Platform) |
| (1) | The Government may perform a program supporting a platform that collects, processes, analyzes, or distributes data and that provides data-based services. |
| (2) | Necessary matters such as the method, content, and scope of the support program under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 20 (Data Quality Management) |
| (1) | The Minister of Science and ICT may promote a program necessary for quality management, including quality certification, in consultation with the Minister of the Interior and Safety, in order to improve the quality of data. |
| (2) | The Minister of Science and ICT may provide all or part of the funds required for a person who performs a program necessary for quality management under paragraph (1). |
| (3) | The Minister of Science and ICT may designate a certification institution to conduct data quality certification under paragraph (1). |
| (4) | A certification institution designated under paragraph (3) shall, upon receiving an application for data quality certification, provide quality certification in accordance with the quality standards prescribed by Presidential Decree. |
| (5) | Except as provided in paragraphs (1) through (4), the subjects of quality certification, requirements for designation of certification institutions, quality standards, and matters necessary for quality management shall be prescribed by Presidential Decree. |
| Article 21 (Standard Contracts) |
| (1) | The Minister of Science and ICT may prepare a standard contract in consultation with the Fair Trade Commission for the reasonable distribution and fair trading of data and recommend its use to data business entities. |
| (2) | The Minister of Science and ICT shall listen to the opinions of interested parties and experts, including relevant trade associations, when establishing or amending the standard contract under paragraph (1). |
| Article 22 (Request for Submission of Data) |
The Minister of Science and ICT and the heads of relevant central administrative agencies may request data trading business entities and data analysis providers to submit data such as technical personnel and business performance to promote the data industry.
| Article 23 (Support for Training of Data Traders) |
| (1) | A person with expertise in data trades may file for registration of a data trader with the Minister of Science and ICT. |
| (2) | A person who intends to file for registration of a data trader under paragraph (1) shall meet the criteria for experience and qualifications in data trades as prescribed by Presidential Decree and receive the education prescribed by Presidential Decree. |
| (3) | A person registered under paragraph (1) shall engage in specialized consultation, advice, and guidance services related to data trades and support data trades, such as brokering and arranging data trades. |
| (4) | The Minister of Science and ICT may revoke the registration of a data trader if he or she falls under any of the following items: Provided, That when the trader falls under subparagraph 1, the Minister shall revoke such designation: |
| 1. | Where he or she has filed for registration by fraud or other improper means; |
| 2. | Where he or she has perform business affairs under paragraph (3) by fraud or other improper means; |
| 3. | Where he or she has allowed someone else to use his or her registered name. |
| (5) | The Minister of Science and ICT may provide data traders with necessary support, such as information and education necessary to conduct data trades, in addition to policy measures to train data experts under Article 25. |
CHAPTER V ESTABLISHMENT OF BASE FOR DATA INDUSTRY
| Article 24 (Support for Business Start-Up) |
| (1) | In order to invigorate data-driven industries and enhance companies' capabilities to generate, trade, and utilize data, the Government may provide the following support: |
| 1. | Finding and executing tasks to promote the development of data-driven goods and services, and operating a test bed; |
| 2. | Implementing educational programs to strengthen the technical competence of data-driven companies; |
| 3. | Support for revitalizing the data industry investment ecosystem; |
| 4. | Administrative support related to counseling for prospective start-ups, start-ups, or companies in data-related fields; |
| 5. | Support for the creation and commercialization of outstanding data-driven ideas; |
| 6. | Other matters prescribed by Presidential Decree. |
| (2) | The Government shall endeavor foster specialized data companies that possess technologies related to the generation, trade, and utilization of data,. |
| Article 25 (Training of Specialized Human Resources) |
| (1) | The Minister of Science and ICT and the Minister of the Interior and Safety shall formulate the following policy measures to foster data experts: |
| 1. | Basic direction for policies to nurture data experts and a plan to utilize them; |
| 2. | Measures regarding the development and utilization of educational and training programs for data experts; |
| 3. | Strengthening cooperation with academia, industry, and public institutions to train data experts; |
| 4. | Schemes for supporting the creation of employment of data experts and the linkage to employment; |
| 5. | Establishment of data-related job standards and measures to support the establishment of qualifications and new occupational categories. |
| (2) | The Minister of Science and ICT and the Minister of Interior and Safety shall endeavor to ensure that education and training conducted according to the policy measures under paragraph (1) conforms to the qualification system under Article 6 of the Framework Act on Qualifications. |
| (3) | The Minister of Science and ICT may designate universities, research institutes, and other specialized institutions as data experts training institutions and provide them with support for matters necessary for education and training, as prescribed by Presidential Decree. |
| (4) | If education and training for nurturing data experts conducted by training institutions designated pursuant to paragraph (3) constitutes training for developing vocational skills under the National Lifelong Vocational Skills Development Act, the State shall subsidize training fees in accordance with relevant statutes. |
| (5) | Matters necessary for the designation, operation, and revocation of the designation of training institutions pursuant to paragraph (3) shall be prescribed by Presidential Decree. |
| Article 26 (Facilitation of Technology Development and Support for Pilot Projects) |
| (1) | With regard to the promotion of technology development for the generation, trade, and utilization of data, the Minister of Science and ICT shall establish and implement support policy measures to vitalize data-related technology research and development in the private sector and to induce the expansion of investment in research and development. |
| (2) | The policy measures prescribed in paragraph (1) shall include the following matters: |
| 1. | Objectives for the development of technology and plans for application of technology to industry; |
| 2. | Securing financial resources for investments to facilitate technology development; |
| 3. | Plans to implement research and development projects for technology development, collaborative research between industrial circles, academic circles and public institutions, and to promote interdisciplinary research; |
| 4. | Expanding the research infrastructure, including technical research personnel, facilities, and information; |
| 5. | Promotion of international cooperation; |
| 6. | Dissemination of the findings of research and technology transfer. |
| Article 27 (Fact-Finding Surveys) |
| (1) | In order to promote the industries based on the trading and utilization of data and efficiently formulate and implement policy measures and plans under this Act, the Minister of Science and ICT may annually conduct a fact-finding survey on the status and actual situation of the data industry infrastructure and data target trades and publish the results. |
| (2) | When necessary for the fact-finding survey referred to in paragraph (1), the Minister of Science and ICT may request relevant data (except for matters regarding public data) from the head of a relevant central administrative agency, the head of a local government, or the head of a public institution. In such cases, the head of a relevant central administrative agency, etc. receiving such a request for data shall comply with it unless there is a compelling reason not to do so. |
| (3) | The Minister of Science and ICT may request a data business entity or any other relevant institution or organization to cooperate in matters necessary for the fact-finding survey referred to in paragraph (1). |
| (4) | The Minister of Science and ICT may request a specialized institution prescribed by Presidential Decree to conduct the fact-finding survey referred to in paragraph (1). |
| (5) | The scope and methods of conducting the fact-finding survey referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 28 (Promotion of Standardization) |
| (1) | The Minister of Science and ICT, in consultation with the Minister of the Interior and Safety, may formulate and publicly notify standardization standards for the following items in order to facilitate the combination, trade, and utilization of data for various goods and services by ensuring the compatibility of data: Provided, That the Korean Industrial Standards under the Industrial Standardization Act shall apply to the matters for which the Korean Industrial Standards are established, and, in cases of the enactment, amendment, etc. of Korean Industrial Standards, that Act shall apply accordingly: |
| 1. | Forms of data storage and methods of data transfer; |
| 2. | A data classification system; |
| 3. | Other matters necessary for the combination, trade, and utilization of data. |
| (2) | The Minister of Science and ICT may implement projects necessary for the standardization of data, such as the research, study, and development for the standardization of data and the establishment of a collaboration system with international standardization organizations. |
| Article 29 (Facilitation of International Cooperation) |
The Minister of Science and ICT shall identify global trends in the data industry and promote international cooperation with foreign governments, international organizations, or foreign companies and organizations.
| Article 30 (Tax Incentives) |
| (2) | The State or a local government may provide subsidies or make long-term loans to data business entities if necessary to achieve the purposes of this Act, only in cases prescribed by Presidential Decree. |
| (3) | The Minister of Science and ICT may provide administrative support necessary for the measures referred to in paragraphs (1) and (2). |
| Article 31 (Special Support for Small and Medium Entrepreneurs) |
| (2) | The Government shall endeavor to encourage participation of small and medium enterprises in the data industry and shall reflect related matters in implementation plans. |
| (3) | In order to promote the data industry, the Minister of Science and ICT may implement programs that partially subsidize expenses incurred by small and medium entrepreneurs in the trading, processing, etc. of data. |
| (4) | The Government may provide consulting support to data providers that are small and medium-sized enterprises to improve business administration, technology, finance, accounting, and human resources, etc. |
| Article 32 (Designation and Operation of Specialized Institutions) |
| (1) | If necessary to efficiently support the establishment of the foundation for the overall data industry and the development of related industries, the Government may designate an institution to perform the business affairs in a specialized manner (hereafter in this Article referred to as "specialized institution"). |
| (2) | A specialized institution may engage in business affairs prescribed by this Act or other statutes as those required to be performed by specialized institutions or conduct programs entrusted to specialized institutions thereunder or those necessary for facilitating the distribution and utilization of data, and creating the industrial infrastructure. |
| (3) | The Government may make contributions to, or extend loans, to a specialized institution to cover all or part of the funds required for performing business related to laying the foundation for the overall data industry and promoting related industries. |
| (4) | Matters necessary for the designation and operation of specialized institutions shall be prescribed by Presidential Decree. |
| Article 33 (Establishment of Association) |
| (1) | Data business entities may establish an association for the improvement of business affairs related to the data industry, cooperation in the development of technology, and development of data trades and utilization culture, etc. with authorization from the Minister of Science and ICT, as prescribed by Presidential Decree |
| (2) | The association shall be a corporation; and with regard to the association, the provisions concerning the aggregate corporation in the Civil Act shall be applicable mutatis mutandis, except for the cases as prescribed by this Act. |
| (3) | Matters concerning the qualifications for members of the association, its executive officers, its business affairs, etc. shall be prescribed by the articles of association; and matters to be included in the articles of association shall be prescribed by Presidential Decree. |
| (4) | Where the Minister of Science and ICT grants authorization under paragraph (1), he or she shall publicly announce such fact, and may partially entrust the business affairs prescribed by this Act to the association, as prescribed by Presidential Decree. |
CHAPTER VI DISPUTE MEDIATION
| Article 34 (Establishment and Composition of Data Dispute Mediation Committee) |
| (2) | The committee shall be composed of not less than 15 and not more than 50 members, including one chairperson. |
| (3) | The members shall be appointed or commissioned by the Minister of Science and ICT from among the following persons, and the chairperson of the committee shall be elected among and by such members: |
| 1. | A current or former associate professor or equivalent at a university or accredited research institution, with a major in a field related to the generation, trade, and utilization of data; |
| 2. | A current or former Grade IV public official or higher (including a public official in general service belonging to the Senior Executive Service) or an equivalent public institution and has experience in business affairs related to the generation, trade, and utilization of data; |
| 3. | A person qualified as a judge, public prosecutor, or attorney-at-law; |
| 5. | Other persons who have knowledge and experience in the generation, trade, and utilization of data, and dispute resolution. |
| (4) | The members shall be non-standing members, and each member shall hold office for a term of three years and may be appointed consecutively only once. |
| (5) | No member shall be removed or dismissed from office against his or her will, except in any of the following cases: |
| 1. | Where a member is sentenced to the suspension of qualification or a heavier punishment; |
| 2. | Where a member is unable to perform duties due to physical or mental illness; |
| 3. | Where a member engages in misconduct regarding his or her duties; |
| 4. | Where a member is deemed unfit as a member due to neglect of duties or injury to dignity; |
| 5. | Where a member fails to abstain even though he or she falls under any of the subparagraphs of Article 36 (1) or the former part of paragraph (2) of that Article. |
| (6) | The committee may have a secretariat that assists the committee in its business affairs if necessary. |
| (7) | Matters necessary for the organization and operation, etc. of the committee shall be prescribed by Presidential Decree, except as provided in paragraphs (1) through (6). |
| Article 35 (Mediation of Disputes) |
| (1) | Any person who intends to obtain a remedy for any damage or seek mediation of a dispute related to the generation, trade, and utilization of data may file a request for mediation of the dispute with the committee: Provided, That excluded herefrom are cases where the mediation of the dispute has been completed in accordance with other statutes. |
| (2) | Mediation shall be conducted by a mediation panel consisting of no more than three members (hereinafter referred to as the “mediation panel”): Provided, That if a case is decided to be mediated by the committee, it shall be mediated by the committee. |
| (3) | Members of the mediation panel shall be appointed for each case by the chairperson from among the members of the committee, and at least one person falling under Article 34 (3) 3 shall be included as a member. |
| (4) | The committee or the mediation panel shall prepare a proposal of mediation within 45 days after receipt of a request for mediation of a dispute under paragraph (1), and recommend the proposal of mediation to the parties to the dispute (hereinafter referred to as "parties"): Provided, That where it intends to extend such deadline due to unavoidable circumstances, it shall notify the parties of its intention, specifying the grounds therefor and the new deadline. |
| (5) | A proposal of mediation referred to in paragraph (4) may include restoration, compensation for damage, and other measures necessary to remedy damage within the limit not contrary to the purport of the statement of claim. |
| (6) | The parties to mediation upon receipt of a recommendation under the main clause of paragraph (4) shall notify the committee or the mediation panel of whether they consent to the proposal of mediation within 15 days from the date of receipt of such recommendation. In such cases, if any party fails to express his or her intention within 15 days, he or she shall be deemed to have declined the proposal of mediation. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the mediation procedures shall be prescribed by Presidential Decree. |
| Article 36 (Challenge, Exclusion, and Recusal of Members) |
| (1) | Where a member of the committee falls under any of the following, he or she shall be excluded from the mediation of the relevant mediation case: |
| 1. | Where the member or his or her current or former spouse becomes a party to the case or is in the relationship of a joint titleholder or co-obligor with the party to the case; |
| 2. | Where the member is a current or former relative of a party to the case; |
| 3. | Where the member bore witness in or assessed the relevant case; |
| 4. | Where the member is or was involved in the relevant case as an agent of the party to the case. |
| (2) | Where the circumstances indicate that it would be impractical to expect fair deliberations or determinations from a member, any party may file with the committee an application for a challenge to the member, and the committee shall decide on the challenge by resolution. In such cases, the member subject to the challenge shall not participate in such resolution. |
| (3) | Where a member falls under a ground referred to in paragraph (1) or (2), he or she shall recuse himself or herself from the mediation of the relevant case. |
| Article 37 (Request for Data) |
| (1) | The committee may request the parties or a witness to provide data required for the mediation of a dispute. In such cases, the relevant parties shall comply with such request unless there is good cause. |
| (2) | Where the committee deems it necessary, it may require the parties or a witness to attend a meeting of the committee to hear their opinions. |
| Article 38 (Effect of Mediation) |
| (1) | Mediation shall be completed in any of the following cases: |
| 1. | Where parties consent to a proposal of mediation under Article 33 (4); |
| 2. | Where parties submit a mediation agreement to the committee. |
| (2) | Where mediation is established pursuant to paragraph (1), the committee shall send to the parties a protocol of mediation signed and sealed by the committee chairperson and respective parties. |
| (3) | A protocol of mediation referred to in paragraph (2) shall have the same effect as a judicial compromise under the Civil Procedure Act. |
| (4) | The committee shall notify the parties that the mediation has been unsuccessfully concluded in any of the following cases: |
| 1. | Where an application for mediation is withdrawn, or any of the parties fails to comply with the mediation of a dispute; |
| 2. | Where the parties reject a proposal of mediation of the committee. |
| Article 39 (Refusal and Discontinuance of Mediation) |
| (1) | The committee may refuse to mediate the case in any of the following cases: |
| 1. | Where the mediation of a dispute has been completed in accordance with other statutes; |
| 2. | Where it is deemed inappropriate for the committee to mediate a dispute in light of the nature of the case; |
| 3. | Where an application for dispute mediation is deemed filed for unjust purposes. |
| (2) | The committee may suspend mediation if a party files a lawsuit before the mediation of the dispute is complete. |
| (3) | Where the committee refuses to mediate the case pursuant to paragraph (1) or suspends mediation pursuant to paragraph (2), it shall notify the parties of the fact and grounds therefor. |
| Article 40 (Mediation Expenses) |
The committee may require persons who have filed an application for dispute mediation to bear the associated expenses, as prescribed by Presidential Decree: Provided, That where mediation is successful, the committee may require the parties to the dispute to apportion expenses of mediation based on the outcome.
| (2) | The Government may subsidize expenses incurred in the operation of the committee within the budget. |
| Article 41 (Confidentiality) |
No person engaged or formerly engaged in the dispute mediation business of the committee shall disclose to any other person any secrets learned in the course of his or her duties or use them for any purpose other than the purpose of his or her duties: Provided, That this shall not apply in cases provided otherwise in other statutes.
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 42 (Claim for Damages) |
| (1) | A person who suffers damage due to the infringement of his or her business interest by an act violating this Act may claim damages caused by the violation against a person who has committed the violation. In such cases, no person who has committed a violation shall be exempted from liability, unless he or she proves the lack of intent or negligence on his or her part. |
| (2) | Where damage is deemed to have occurred but it is impracticable to calculate the amount of damages, the court may recognize reasonable damages in consideration of the tenor of pleadings and the results of evidence-taking. |
| Article 43 (Guarantee of Compensation for Damage) |
A data business entity may take necessary measures, such as subscribing to insurance or joining a mutual aid society, or accumulating reserves, to fulfill its liability to compensate damages under Article 42.
| Article 44 (Recommendation for Correction) |
The Minister of Science and ICT may recommend necessary corrections to a data business entity that has violated this Act to suspend or correct the violation.
| Article 45 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | Executive officers and employees of specialized institutions defined in Article 32; |
| 2. | A member of the data dispute mediation committee, or an executive officer or employee of the secretariat established under Article 34 (6); |
| 3. | The executive officers and employees of an institution or organization engaged in the affairs entrusted under this Act. |
| Article 46 (Delegation or Entrustment of Authority) |
| (1) | The authority of the Minister of Science and ICT under this Act may be partially delegated to the heads of affiliated agencies, as prescribed by Presidential Decree. |
| (2) | The authority of the Minister of Science and ICT under this Act may be partially entrusted to the institutions or organizations publicly notified by the Minister of Science and ICT as those having expertise in the generation, trade, and utilization of data, as prescribed by Presidential Decree. |
CHAPTER VIII PENALTY PROVISIONS
| Article 47 (Penalty Provisions) |
A person who divulges classified information that he or she has learned in the course of duties to other persons or uses it for a purpose other than official purpose shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
| Article 48 (Administrative Fines) |
| (1) | A person who uses the quality certification mark or any similar mark without obtaining quality certification under Article 20 (4) shall be subject to an administrative fine not exceeding 30 million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Science and ICT, as prescribed by Presidential Decree. |
ADDENDUM <Act No. 18475, Oct. 19, 2021>
This Act shall enter into force six months after the date of its promulgation.