| Article 2 (Formulation and Promotion of Master Plans) |
| (1) | Where the Minister of Science and ICT formulates a master plan for the promotion of the data industry (hereinafter referred to as the "master plan") pursuant to Article 4 (1) of the Framework Act on Promotion of Data Industry and Data Utilization (hereinafter referred to as the "Act") and finalizes it pursuant to paragraph (2) of that Article, he or she shall notify it to the heads of relevant central administrative agencies and the heads of local governments. |
| (2) | Where the Minister of Science and ICT intends to change any of the following matters, among the master plan finalized pursuant to Article 4 (2) of the Act, that has a significant impact on the promotion of generation, trade, and utilization of data, he or she shall undergo deliberation thereon by the National Data Policy Committee under Article 6 of the Act: |
| 1. | Matters related to at least two central administrative agencies or local governments; |
| 2. | Matters requiring budgetary measures exceeding the amount determined by the National Data Policy Committee pursuant to Article 6 of the Act. |
| (3) | "Matters prescribed by Presidential Decree" in Article 4 (3) 10 of the Act means the following matters: |
| 1. | Matters regarding the improvement of laws and systems for the promotion of the data industry; |
| 2. | Matters regarding funding and investment direction for the promotion of the data industry; |
| 3. | Matters regarding research and development for the promotion of the data industry. |
| (4) | The Minister of Science and ICT may request the head of a relevant central administrative agency or the head of a local government to submit relevant data, if necessary for the formulation and promotion of the master plan. |
| Article 3 (Formulation of Implementation Plans) |
| (1) | The Minister of Science and ICT shall formulate an annual implementation plan for the promotion of the data industry pursuant to Article 5 (1) of the Act (hereinafter referred to as "implementation plan") in consultation with the heads of relevant central administrative agencies. |
| (2) | The Minister of Science and ICT shall finalize an implementation plan formulated under paragraph (1) by January 31 each year. |
| (3) | Where the Minister of Science and ICT finalizes an implementation plan pursuant to paragraph (2), he or she shall notify the heads of relevant central administrative agencies and the heads of local governments. |
| Article 4 (Dismissal of Members of National Data Policy Committee) |
| (1) | The chairperson of the National Data Policy Committee under Article 6 of the Act (hereinafter referred to as the "Data Policy Committee") may, if a member commissioned under paragraph (3) 2 of that Article (hereafter in this Article referred to as a "commissioned member") falls under any of the following, dismiss the commissioned member: |
| 1. | Where a member becomes incapable of performing his or her duties due to mental or physical disability; |
| 2. | Where a member commits misconduct in connection with his or her duties; |
| 3. | Where a member is deemed unsuitable to serve as a committee member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where a member expresses his or her intention that it is impractical for him or her to perform his or her duties. |
| (2) | The term of office of a newly commissioned member due to the resignation, etc. of the commissioned member shall be the remainder of his or her predecessor's term of office. |
| Article 5 (Operation of Data Policy Committee) |
| (1) | The chairperson of the Data Policy Committee shall convene and preside over meetings of the Committee. |
| (2) | Where the chairperson of the Data Policy Committee intends to convene a meeting of the committee, he or she shall notify each committee member of the date, time, location, and agenda of the meeting in writing (including electronic documents) by no later than seven days before the meeting is held: Provided, That if there is an urgent situation or unavoidable reason, he or she may notify them thereof by the day before the meeting date. |
| (3) | Where the chairperson of the Data Policy Committee may have relevant experts or public officials attend a meeting to hear their opinions if deemed necessary for deliberating on the matters specified in the subparagraphs of Article 6 (1) of the Act. |
| (4) | A meeting of the Data Policy Committee shall be held with the attendance of a majority of all incumbent members, and a resolution shall be passed with the concurrent vote of a majority of those present. |
| (5) | Except as provided for in paragraphs (1) through (4), matters necessary for the operation of the Data Policy Committee shall be determined by the chairperson following resolution by the Committee. |
| Article 6 (Composition and Operation of Expert Committees) |
| (1) | The Data Policy Committee may establish expert committees by field of expertise in order to efficiently review and support the deliberation of the matters specified in the subparagraphs of Article 6 (1) of the Act. |
| (2) | The types and functions of expert committees shall be determined by the chairperson of the Data Policy Committee through resolution by the Data Policy Committee. |
| (3) | An expert committee is composed of up to 10 members appointed by the chairperson of the Data Policy Committee, upon recommendation by the Minister of Science and ICT, taking into account the field of expertise and the gender equality; and the chairperson of the expert committee shall be designated by the chairperson of the Data Policy Committee from among the members of the expert committee. |
| (4) | The term of office of expert committee members shall be two years, and they may be reappointed only once: Provided, That the term of office of a member newly commissioned due to the resignation, etc. of a member shall be the remainder of his or her predecessor's term of office. |
| (5) | The chairperson of an expert committee shall convene and preside over meetings of the committee: Provided, That if the chairperson of the expert committee is unable to perform his or her duties due to any unavoidable reason, a member in the order designated in advance by the chairperson of the expert committee shall act on behalf of the chairperson. |
| (6) | Where the chairperson of an expert committee intends to convene a meeting of the expert committee, he or she shall notify each member of the expert committee of the meeting date, time, location, and agenda in writing (including electronic documents) by no later than seven days before the meeting is held: Provided, That if there is an urgent situation or unavoidable reason, he or she may notify them thereof by the day before the meeting date. |
| Article 7 (Allowances and Travel Expenses of Data Policy Committee) |
A committee member, relevant expert, or any other relevant person who attends a meeting of the Data Policy Committee or an expert committee may be paid allowances, travel expenses, and other necessary expenses within the budget: Provided, That the foregoing shall not apply if a public official attends such committee meeting in direct connection with his or her competent affairs.
| Article 8 (Composition and Operation of Secretariat) |
| (1) | A secretariat shall be established under the Ministry of Science and ICT pursuant to Article 6 (6) of the Act (hereinafter in this Article referred to as the "Secretariat") to assist the activities of the Data Policy Committee and handle the administrative affairs thereof. |
| (2) | The secretariat shall have one secretary general, and the secretary general shall be appointed by the Minister of Science and ICT from among public officials of the Ministry of Science and ICT. |
| (3) | The secretary general shall exercise general supervision over the business affairs of the secretariat under the command of the chairperson of the Data Policy Committee, and direct and supervise the employees under his or her jurisdiction. |
| (4) | The Minister of Science and ICT may request the dispatch of public officials of relevant administrative agencies or executive officers and employees of relevant institutions, organizations, etc. if necessary for the operation of the secretariat. |
| Article 9 (Promoting Data Production) |
In accordance with Article 9 (4) of the Act, the heads of relevant central administrative agencies shall provide the Minister of Science and ICT with the details of policies measures for promoting data production, so that the policy measures to promote data production by field and by type can be reflected in the implementation plan.
| Article 10 (Policy Measures on Exchanges between Industries and Establishment of Foundation for Convergence with Other Fields) |
| (1) | Policy measures necessary for exchanges between industries, the establishment of a foundation for convergence with other fields under to Article 10 (1) of the Act shall include the following: |
| 1. | Matters regarding exchanges between industries, such as establishment of related systems and measures to expand investment, and the establishment of a foundation for data convergence with other fields; |
| 2. | Matters regarding exchanges between industries, and the implementation of pilot projects related to the convergence of data with other fields, and commercialization of research and development; |
| 3. | Matters regarding exchanges between industries and dissemination and sharing of results related to data convergence with other fields; |
| 4. | Other matters deemed necessary by the Minister of Science and ICT and the Minister of the Interior and Safety for exchanges between industries and the establishment of a foundation for convergence with other fields. |
| (2) | The Minister of Science and ICT shall reflect the details of the policy measures prepared pursuant to Article 10 (1) of the Act in the implementation plan. |
| Article 11 (Exchange and Cooperation to Facilitate Data Combination) |
The Minister of Science and ICT and the Minister of the Interior and Safety may form and operate a public-private consultative body together to promote exchange and cooperation necessary to promote the combination of public and private data pursuant to Article 10 (2) of the Act.
| Article 12 (Designation and Operation of Data Safety Zones) |
| (1) | The Minister of Science and ICT and the head of a relevant central administrative agency may, upon receipt of an application from a corporation, organization, or institution, designate buildings or other facilities (virtual spaces created using cloud computing in accordance with the Development of Cloud Computing and Protection of Its Users) as a data safety zone under Article 11 (1) of the Act (hereinafter referred to as "data safety zone"). |
| (2) | Criteria for designating a data safety zone are as follows: |
| 1. | It shall have technical, physical and administrative security measures established in accordance with Article 11 (5) of the Act; |
| 2. | It shall be equipped with equipment, etc. deemed necessary by the Minister of Science and ICT for data analysis and utilization. |
| (3) | A corporation, organization, or institution seeks to obtain the designation of a data safety zone pursuant to paragraph (1) shall file an application for designation of a data safety zone with the Minister of Science and ICT or the head of the relevant central administrative agency along with the following documents (including electronic documents; hereinafter the same shall apply): |
| 1. | Data safety zone management plan; |
| 2. | Documents proving that the criteria specified in the subparagraphs of paragraph (2) are met. |
| (4) | When the Minister of Science and ICT and the head of the relevant central administrative agency designate a data safety zone pursuant to paragraph (1), they shall notify the fact of designation to the corporation, organization, or institution that has filed the relevant application without delay. The same shall also apply where the designation of a data safety zone is revoked pursuant to paragraph (6). |
| (5) | A corporation, organization, or institution that has obtained the designation of a data safety zone pursuant to paragraph (1) (hereinafter in this Article referred to as the "management agency") shall notify the Minister of Science and ICT or the head of the relevant central administrative agency of the performance and current status of management of the data security zone each year. |
| (6) | The Minister of Science and ICT and the head of the relevant central administrative agency may revoke the designation of a data safety zone in any of the following cases: Provided, That in cases falling under subparagraph 1 or 2, the designation shall be revoked: |
| 1. | Where it has obtained the designation by fraud or other improper means; |
| 2. | Where the management agency requests revocation of the designation or closes its business permanently; |
| 3. | Where the data security zone ceases to meet the criteria for designation prescribed in the subparagraphs of paragraph (2). |
| Article 13 (Establishment of Security Measures for Data Safe Zones) |
| (1) | The technical, physical and administrative security measures under Article 11 (5) of the Act shall include the following: |
| 1. | Matters regarding technical and physical access control, such as the installation of an intrusion prevention system to block illegal access to data safety zones; |
| 2. | Matters regarding administrative measures, such as the designation of a person in charge of security and the restriction of access rights; |
| 3. | Matters regarding record management, such as access to and alteration of data; |
| 4. | Matters regarding measures to prevent data leakage, damage, destruction, forgery, falsification, etc.; |
| 5. | Other matters deemed necessary by the Minister of Science and ICT or the head of the relevant central administrative agency to ensure the safety and reliability of data safety zones. |
| (2) | The Minister of Science and ICT may prepare detailed standards and procedures for the establishment and implementation of security measures under Article 11 (5) of the Act and provide them to the heads of relevant central administrative agencies. |
| Article 14 (Criteria and Procedures for Designation of Valuation Agencies) |
| (1) | An institution that the Minister of Science and ICT may designate as a valuation agency pursuant to Article 14 (3) of the Act (hereinafter referred to as a "valuation agency") shall be a corporation that meets all of the following criteria: |
| 1. | It shall have specialized human resources determined by the Minister of Science and ICT; |
| 2. | It shall have facilities, equipment, and organizations deemed necessary by the Minister of Science and ICT to conduct data valuation affairs; |
| 3. | It shall have specific data valuation models and techniques that conform to the valuation techniques and systems regarding data published under Article 14 (1) of the Act; |
| 4. | It shall have an information and communications network for the collection, management, distribution, etc. of information on data valuation. |
| (2) | A person who seeks to be designated as a valuation agency shall submit an application for designation as a data valuation agency to the Minister of Science and ICT, along with the following documents: |
| 1. | Articles of incorporation; |
| 3. | Documents proving that the criteria specified in paragraph (1) 1, 2, and 4 are met; |
| 4. | System of data valuation models and techniques and documentation on the system. |
| (4) | When the Minister of Science and ICT designates a corporation that has submitted an application under paragraph (2) as a valuation agency, he or she shall notify the applicant corporation of the fact of designation without delay and post it on the website of the Ministry of Science and ICT. The same shall also apply where such designation is revoked pursuant to paragraph (5). |
| (5) | The Minister of Science and ICT may revoke the designation of a valuation agency if it falls under any of the following cases: Provided, That in cases falling under subparagraph 1 or 2, the designation shall be revoked: |
| 1. | Where it has obtained the designation by fraud or other improper means; |
| 2. | When it requests revocation of the designation or closes its business permanently; |
| 3. | Where it ceases to meet the criteria for designation prescribed in the subparagraphs of paragraph (1). |
| Article 15 (Application and Procedures for Valuation) |
| (1) | A person who intends to have data valued pursuant to Article 14 (4) of the Act shall submit an application for data valuation to the valuation agency, along with the data to be valued. |
| (2) | If necessary for data valuation, the valuation agency may conduct on-site inspections or request the applicant to provide documents necessary for valuation. |
| (3) | Valuation agencies shall perform valuation according to data valuation models and techniques. |
| Article 16 (Notification of Valuation Information) |
"If there are compelling reasons prescribed by presidential decree, such as the confidentiality of managerial or trade secrets" In Article 14 (6) of the Act refers to any of the following cases: | 1. | Where it is recognized that there is a risk of serious damage to national security, economy or related industries due to notification of valuation information; |
| 2. | When it is recognized that there is a risk that the notification of valuation information may result in the disclosure of managerial or trade secrets and significantly harm the legitimate interests of the person who has applied for valuation; |
| 3. | Where the notification of valuation information violates other statutes and regulations. |
| Article 17 (Creation of Fair Distribution Environment) |
| Article 18 (Establishment of Foundation for Data Distribution and Trading) |
| (1) | The Minister of Science and ICT may provide the following support for the establishment of a foundation for data distribution and trading under Article 18 (1) of the Act: |
| 1. | Provision of information necessary for data distribution and trading, consultation, and advice services; |
| 2. | Preparation of measures to improve systems and procedures related to data distribution and trading; |
| 3. | Education and publicity for promoting data distribution and trading; |
| 4. | Support for research and technology development and verification for the safe distribution and trading of data; |
| 5. | Other support deemed necessary by the Minister of Science and ICT for promoting data distribution and trading. |
| (2) | When the Minister of Science and ICT intends to provide support under paragraph (1), he or she shall take into consideration the necessity, effectiveness, etc. of support. |
| Article 19 (Operation of Data Distribution System) |
| (1) | The Minister of Science and ICT shall establish and operate a data distribution system pursuant to Article 18 (2) of the Act (hereinafter in this Article referred to as the "data distribution system") so that it can perform the following functions: |
| 1. | Establishment and provision of databases related to data distribution and trading; |
| 2. | Management of valuation information notified to the Minister of Science and ICT under Article 14 (6) of the Act; |
| 3. | Management of information related to data business entities that have filed reports pursuant to Article 16 (1) of the Act; |
| 4. | Support for correlation between data platforms under Article 19 (1) of the Act; |
| 5. | Management and provision of information related to data quality management, such as data quality certification under Article 20 of the Act; |
| 6. | Other functions deemed necessary by the Minister of Science and ICT for the promotion of data distribution and trading. |
| (2) | Where the Minister of Science and ICT deems it necessary for the operation of a data distribution system, he or she may request the heads of relevant central administrative agencies, the heads of local governments, or the heads of public institutions (referring to public institutions under the Framework Act on Intelligent Informatization; hereafter the same shall apply in this paragraph and Article 25 (1) 1 (c)) to submit necessary information or materials. |
| Article 20 (Support Program for Data Platform) |
| (1) | The Minister of Science and ICT and the heads of related central administrative agencies may perform the following support programs with regard to a data platform under Article 19 (1) of the Act (hereinafter referred to as "data platform"): |
| 1. | Support for establishment and operation of facilities and equipment for data collection, processing, analysis, and distribution; |
| 2. | Support for technology development for data collection, processing, analysis, and distribution; |
| 3. | Support for the development and commercialization of data-based services; |
| 4. | Support for other matters necessary for establishment, operation, etc. of the data platform. |
| (2) | Where the Minister of Science and ICT and the head of a related central administrative agency intend to perform a support program under paragraph (1), they may select a data platform eligible for the support program, taking into account the following matters: |
| 1. | Degree of compliance with the master plan and the implementation plan; |
| 2. | Collection, processing, analysis, distribution of data and institutional and technical feasibility of data-based services; |
| 3. | Possibility of overlapping and connecting with other data platforms; |
| 4. | Other matters necessary to facilitate the collection, processing, analysis, and distribution of data and the provision of data-based services. |
| Article 20-2 (Data Quality Management Program) |
The Minister of Science and ICT may perform the following programs necessary for data quality management in consultation with the Minister of the Interior and Safety pursuant to Article 20 (1) of the Act: | 1. | Development of data quality management procedures and methods; |
| 2. | Data quality control training and consulting; |
| 3. | Development and distribution of data quality standards; |
| 4. | Data quality diagnosis; |
| 5. | Support for data quality improvement; |
| 6. | Other programs deemed necessary by the Minister of Science and ICT to improve data quality. |
[This Article Added on Jan. 3, 2023]
| Article 20-3 (Requirements for Designation of Data Quality Certification Institutions) |
| (1) | Pursuant to Article 20 (3) of the Act, the Minister of Science and ICT may designate a corporation that meets all of the following requirements as a certification institution that conducts data quality certification: |
| 1. | It shall have specialized human resources and a dedicated organization determined by the Minister of Science and ICT; |
| 2. | It shall prepare operational procedures necessary for data quality certification; |
| 3. | It shall have an information and communications network for the collection, management, and distribution of information necessary for data quality certification. |
| (2) | Any person who seeks to be designated as a certification institution that conducts data quality certification pursuant to Article 20 (3) of the Act shall submit to the Minister of Science and ICT an application for designation in the form prescribed by Ministerial Decree of Science and ICT, along with the following documents: |
| 1. | Articles of incorporation; |
| 2. | Business plan for data quality certification; |
| 3. | Documents proving that the requirements specified in the subparagraphs of paragraph (1) are met. |
| (3) | Upon receipt of an application for designation under paragraph (2), the Minister of Science and ICT shall verify the corporation registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. |
| (4) | Where the Minister of Science and ICT designates a certification institution that conducts data quality certification pursuant to Article 20 (3) of the Act, he or she shall notify the applicant of the designation without delay and post the fact of the designation on the website of the Ministry of Science and ICT. The same shall also apply when such designation is revoked pursuant to paragraph (5). |
| (5) | Where any of the following is applicable to a certification institution designated under Article 20 (3) of the Act that conducts data quality certification (hereinafter referred to as "data quality certification institution"), the Minister of Science and ICT may revoke the designation; provided, if it falls under subparagraph 1 or 2, the designation shall be revoked: |
| 1. | Where it has obtained the designation by fraud or other improper means; |
| 2. | Where it requests revocation of the designation or closes its business permanently; |
| 3. | Where it ceases to meet the requirements for designation under each paragraph (1); |
| 4. | Where it has conducted data quality certification, in violation of Article 20 (4) of the Act. |
[This Article Added on Jan. 3, 2023]
| Article 20-4 (Procedures for Data Quality Certification) |
| (1) | A person who intends to apply for data quality certification pursuant to Article 20 (4) of the Act shall submit an application for data quality certification in the form prescribed by Ministerial Decree of Science and ICT, along with explanatory materials on the subjects of data quality certification specified in the subparagraphs of Article 20-5 (1) to the data quality certification institution. |
| (2) | If necessary for data quality certification, the data quality certification institution may conduct on-site inspections or request the applicant to submit additional documents. |
| (3) | Where a data quality certification agency has conducted data quality certification, it must issue a data quality certificate in the form prescribed by Ministerial Decree of Science and ICT to the applicant. |
| (4) | If a person who has been issued a data quality certificate under paragraph (3) intends to use the certification mark, he or she shall comply with the criteria for using data quality certification marks as prescribed by Ministerial Decree of Science and ICT. |
[This Article Added on Jan. 3, 2023]
| Article 20-5 (Data Quality Certification Subjects and Quality Criteria) |
| (1) | The subjects of data quality certification are as follows: |
| 3. | Data management system; |
| 4. | Other matters deemed necessary by the Minister of Science and ICT for data quality control. |
| (2) | "Quality standards prescribed by Presidential Decree" in Article 20 (4) of the Act means the following criteria: |
| 1. | Data content: completeness, validity, and accuracy; |
| 2. | Data Structure: Consistency; |
| 3. | Data management system: usability and accessibility; |
| 4. | Subject of quality certification under paragraph (1) 4: Criteria deemed necessary by the Minister of Science and ICT for data quality certification. |
| (3) | Detailed quality standards specified in the subparagraphs of paragraph (2) shall be determined and publicly notified by the Minister of Science and ICT. |
[This Article Added on Jan. 3, 2023]
| Article 21 (Application for Registration as Data Trader) |
| (1) | A person who intends to register as a data trader under Article 23 (1) of the Act (hereinafter referred to as "data trader") shall submit an application for data trader registration to the Minister of Science and ICT along with the following documents: |
| 1. | Documents proving that the person meets any of the criteria specified in the subparagraph of Article 22; |
| 2. | Documents proving that the person has completed the education required under Article 23 (2) of the Act. |
| (2) | The Minister of Science and ICT shall review the contents of the registration application under paragraph (1) and, if he or she determines that the registration criteria under Article 23 (2) of the Act have been met, issue a registration certificate prescribed by Ministerial Decree of Science and ICT. |
| Article 22 (Criteria for Experience and Qualifications of Data Traders) |
"Criteria for experience and qualifications in data trades as prescribed by Presidential Decree" in Article 23 (2) of the Act means any of the following criteria: | 1. | A person who has acquired qualifications as a lawyer, patent attorney, certified public accountant, appraiser, or engineer and shall have at least 3 years of experience working in a data-related field (including such experience before obtaining the qualifications); |
| 2. | A person who is an assistant professor or higher at a school under Article 2 of the Higher Education Act and shall have least 3 years of data-related research experience (including such experience before obtaining the qualifications); |
| 3. | A person who has obtained a doctorate in a field related to data production, trade and utilization and shall have at least one year of data-related work experience (including such experience before obtaining the degree); |
| 4. | A person who has obtained a master's degree in a field related to data production, trade and utilization and shall have at least 4 years of data-related work experience (including such experience before obtaining the degree); |
| 5. | A person who has served for at least five years in a field related to data production, trade and utilization. |
| Article 23 (Training of Data Traders) |
| (1) | "Education prescribed by Presidential Decree" in Article 23 (2) of the Act refers to the following education and training, which the Minister of Science and ICT deems necessary for performing the duties of a data trader: |
| 1. | Exploration and discovery of demand for data trades and market research and analysis education; |
| 2. | Data processing training, including data processing and analysis; |
| 3. | Data valuation and quality assessment training; |
| 4. | Education on laws and systems related to data trades; |
| 5. | Consultation, advice, and guidance on data trades; brokerage and arrangement of data trades; data transfer and commercialization; and education on trade ethics. |
| (2) | The education and training required under paragraph (1) shall be offered for at least 40 hours. |
| Article 24 (Support for Business Start-Up) |
"Matters prescribed by Presidential Decree" in Article 24 (1) 6 of the Act means the following matters: | 1. | Support for legal education on data production, trade and utilization; |
| 2. | Support for management practice-related education such as taxation, accounting, and law related to data-based business operations; |
| 3. | Support for discovering, nurturing, and promoting prospective start-ups and start-ups in data-related fields, as well as overseas expansion, etc.; |
| 4. | Improvement of systems such as regulations that are obstacles to starting a business or operating a support window to handle grievances related to starting a business; |
| Article 25 (Designation of Data Expert Training Institutions) |
| (1) | Any person seeks to be designated as a data experts training institution under Article 25 (3) of the Act (hereinafter referred to as "data expert training institution") shall meet all of the following requirements: <Amended on Jan. 3, 2023> |
| 1. | It shall be an institution or organization that falls under any of the following: |
| (b) | An educational institution that operates educational courses related to data production, trade, and utilization, among educational institutions equivalent to the subparagraphs of Article 2 of the Higher Education Act, which are established under other statutes; |
| (c) | A public institution that performs business affairs related to data generation, trade, and utilization, and other related affairs; |
| (d) | A government-funded research institute that operates educational courses on the generation, trade, utilization of data, among the following government-funded research institutes: |
| (ii) | Government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions; |
| (e) | Other institutions and organizations that perform business affairs related to the generation, trade, and utilization of data; |
| 2. | It shall meet all the requirements for educational human resources, facilities, etc., which are specified in Appendix 1. |
| (2) | A person who seeks to be designated as a data expert training institution shall submit an application for designation as a data expert training institution to the Minister of Science and ICT along with the following documents: |
| 1. | Articles of incorporation; |
| 2. | Status of securing educational personnel, facilities and equipment; |
| 3. | An education plan including educational courses and curricula; |
| 4. | A plan to finance operating expenses and a plan to use subsidies; |
| 5. | Internal regulations regarding education, training, etc. |
| (4) | When the Minister of Science and ICT designates an institution or organization that has applied under paragraph (2) as a data expert training institution, he or she shall notify the applicant institution or organization of the designation without delay and post the fact of the designation on the website of the Ministry of Science and ICT. The same also applies where such designation is revoked under paragraph (6). |
| (5) | The Minister of Science and ICT may fully or partially subsidize the following expenses for data expert training institutions pursuant to Article 25 (3) of the Act: |
| 1. | Lecture fees and allowances; |
| 2. | Expenses related to educational materials and practice equipment; |
| 4. | Other expenses required to train data experts. |
| (5) | The Minister of Science and ICT may revoke the designation of a data expert training institution if it falls under any of the following cases: Provided, That in cases falling under subparagraph 1 or 2, the designation shall be revoked: |
| 1. | Where it has obtained the designation by fraud or other improper means; |
| 2. | Where it requests revocation of the designation or closes its business permanently; |
| 3. | Where it ceases to meet the requirements for designation under each paragraph (1); |
| 4. | Where there is no educational performance for more than one year from the date of designation of the educational institution. |
| Article 26 (Scope and Methods of Fact-Finding Surveys) |
| (1) | The scope of fact-finding surveys under Article 27 (1) of the Act (hereinafter in this Article referred to as the "fact-finding survey") shall be as follows: |
| 1. | Data industry market size and data business sales performance; |
| 2. | Status of the data industry workforce by gender, job function, and sector, and the supply and demand of data industry workers; |
| 3. | Other matters deemed necessary by the Minister of Science and ICT for identifying the current status of the data industry. |
| (2) | The fact-finding survey shall be conducted by means of interview surveys, written surveys, statistical surveys, literature surveys, etc., and electronic means such as information and communications networks or electronic mail may be used for efficient fact-finding surveys. |
| (3) | "Specialized institution prescribed by Presidential Decree" in Article 27 (4) of the Act means any institution that the Minister of Science and ICT recognizes as having expertise in conducting fact-finding surveys, analysis, etc. on the status and actual situation of the data industry infrastructure and data target trades and publicly notifies. |
| Article 27 (Payment of Subsidies) |
| (1) | "Cases prescribed by Presidential Decree" in Article 30 (2) of the Act means cases where it is inevitable to maintain expenses for generating, trading, utilizing, etc. data at an appropriate level for the public interest, such as national security, the prevention of and response to disasters, and the protection and safety of people's lives. |
| (2) | Where the State or a local government intends to provide subsidies or make long-term loans to data business entities pursuant to Article 30 (2) of the Act, it shall undergo deliberation by the Data Policy Committee. |
| Article 28 (Designation and Operation of Specialized Institutions) |
| (1) | The Minister of Science and ICT shall designate the following institutions as specialized institutions under Article 32 (1) of the Act: |
| 2. | Any of the following institutions or organizations recognized by the Minister of Science and ICT as having expertise in data: |
| (c) | A non-profit corporation established under Article 32 of the Civil Act that conducts business affairs to facilitate the generation, trade, and utilization of data; |
| (2) | A specialized institution designated under paragraph (1) shall conduct the business affairs prescribed by the Minister of Science and ICT among the following business affairs: <Amended on 2023. 1. 3.> |
| 1. | Support for the formulation and implementation of master plans and implementation plans; |
| 2. | Support for the operation of public-private consultative bodies under Article 11; |
| 3. | Support for the establishment of valuation techniques and systems regarding data under Article 14 (1) of the Act; |
| 4. | Support for the establishment of an institutional foundation to facilitate the movement of data under Article 15 of the Act; |
| 5. | Support for establishing a data distribution and trading system and laying the foundation for the distribution and trading of data under Article 18 of the Act; |
| 5-2. | Support for programs necessary for data quality management under Article 20 (1) of the Act; |
| 5-3. | Support for designation of data quality certification institutions under Article 20 (3) of the Act; |
| 6. | Support for the establishment or amendment of standard contracts under Article 21 of the Act; |
| 7. | Support for the development of specialized data companies under Article 24 (2) of the Act; |
| 8. | Support for the establishment of policy measures to foster data experts under Article 25 (1) of the Act; |
| 9. | Support for the establishment of policy measures to promote research and development of data-related technologies in the private sector pursuant to Article 26 (1) of the Act; |
| 10. | Support for the formulation of standardization standards under Article 28 (1) of the Act; |
| 11. | Support for international cooperation under Article 29 of the Act; |
| 12. | Support for the business affairs of the data dispute mediation committee under Article 34 (1) of the Act. |
| (3) | A specialized institution designated under paragraph (1) shall notify the Minister of Science and ICT of the following matters every year: |
| 1. | Performance of use of funds contributed or loaned pursuant to Article 32 (3) of the Act; |
| 2. | Performance records and details in conducting business affairs; |
| 3. | Other matters deemed necessary by the Minister of Science and ICT to verify the fairness and appropriateness in performing its business affairs. |
| Article 29 (Establishment of Data Business Association) |
| (1) | Where data business entities intend to establish an association pursuant to Article 33 (1) of the Act (hereafter in this Article referred to as the "data business association"), at least 50 data business entities shall prepare the articles of incorporation as promoters, and file an application for authorization therefor with the Minister of Science and ICT, following a resolution by a general meeting of promoters. |
| (2) | The data business association shall be established by registering its establishment at the location of its main office. |
| (3) | The business scope of the data business association is as follows: |
| 1. | Promotional activities regarding the data industry; |
| 2. | Education and training and trend research on data-related technologies and dissemination of new technologies; |
| 3. | Exchange activities with domestic and foreign institutions related to data and data industry; |
| 4. | Activities to protect the rights and interests of users and data business entities of data-based services, etc.; |
| 5. | Projects entrusted by the Minister of Science and ICT; |
| 6. | Other businesses prescribed by the articles of incorporation of the data business association. |
| (4) | Pursuant to Article 33 (3) of the Act, the articles of incorporation of the data business association shall include the following: |
| 3. | Location of principal office; |
| 4. | Matters regarding business affairs of the data business association and the execution thereof; |
| 5. | Matters regarding the qualifications of members, admission to and withdrawal from membership, members' rights and obligations; |
| 6. | Matters regarding executive officers; |
| 7. | Matters regarding membership fees; |
| 8. | Matters regarding general meetings; |
| 9. | Matters regarding finance and accounting; |
| 10. | Matters regarding amendments to the articles of incorporation; |
| 11. | Matters regarding its dissolution and disposal of its residual property. |
| (5) | The business affairs that the Minister of Science and ICT may entrust to the data business association pursuant to Article 33 (4) of the Act are as follows: |
| 1. | Receipt of reports filed by data business entities under Article 16 (1) of the Act; |
| 2. | Receipt of applications for registration as data trader under Article 23 (1) of the Act; |
| 3. | Provision of information and education for data traders under Article 23 (5) of the Act; |
| 4. | Implementation of educational programs under Article 24 (1) 2 of the Act; |
| 5. | Consulting support for data business entities which are small and medium-sized enterprises under Article 31 (4) of the Act. |
| (6) | Where the Minister of Science and ICT entrusts the business affairs specified in each subparagraph of paragraph (5) to the data business association, he or she shall publicly notify the details of the entrusted business affairs. |
| (7) | If necessary for the guidance and supervision of the business affairs entrusted to the data business association, the Minister of Science and ICT may require the data business association to report matters regarding the business affairs or to submit relevant data. |
| Article 30 (Operation of Data Dispute Mediation Committee) |
| (1) | The chairperson of the data dispute mediation committee under Article 34 (1) of the Act (hereinafter referred to as the "dispute mediation committee") shall convene and preside over meetings of the committee. |
| (2) | Where the chairperson of the dispute mediation committee intends to convene a meeting of the dispute mediation committee, he or she shall notify the members of the dispute mediation committee of the date, time, location, and agenda of the meeting by no later than seven days before the meeting is held: Provided, That there is an urgent situation or unavoidable reason, he or she may notify the members thereof by the day before the meeting. |
| Article 31 (Composition and Operation of Mediation Panel) |
| (1) | The chairperson of the mediation panel under the main clause of Article 35 (2) of the Act (hereinafter referred to as the "mediation panel") shall be elected by and among the members of the mediation panel. |
| (2) | The chairperson of the dispute mediation committee shall convene meetings of the mediation panel. |
| (3) | Where the chairperson of the dispute mediation committee intends to convene a meeting of the mediation panel, he or she shall notify the members of the mediation panel of the meeting date, time, location, and agenda by no later than seven days before the meeting is held: Provided, That if there is an urgent situation or unavoidable reason, he or she may notify them thereof by the day before the meeting date. |
| Article 32 (Mediation of Disputes) |
| (1) | The dispute mediation committee may deliberate and mediate dispute medication cases by separating or consolidating them for efficient operation, and where it separates or consolidates the relevant cases, it shall notify the parties to the dispute of the fact without delay. |
| (2) | Meetings of the dispute mediation committee and the mediation panel shall not be open to the public: Provided, That where the dispute mediation committee deems it necessary, it may allow the parties to the dispute or persons of interest to attend the meetings by resolution of the dispute mediation committee. |
| Article 33 (Request for Attendance and Submission of Opinions) |
| (1) | Where the dispute mediation committee intends to request the parties to a dispute or an unsworn witness to attend a meeting of the committee pursuant to Article 37 (2) of the Act, it shall give a notice of the grounds, etc. for requesting attendance by no later than five days before the attendance. |
| (2) | Upon receipt of a notice under paragraph (1), the parties to the dispute or unsworn witnesses who may appear at the designated date and time to state their opinions or submit their opinions in writing (including electronic documents). |
| Article 34 (Mediation Expenses) |
| (1) | Where the dispute mediation committee determines that the applicant for dispute mediation shall bear mediation expenses pursuant to the main clause of Article 40 (1) of the Act, the applicant for the mediation case shall pay the expenses of mediation when filing a request for mediation of a dispute. |
| (2) | Mediation expenses under paragraph (1) shall be determined by the dispute mediation committee. |
| Article 35 (Allowances and Travel Expenses) |
A member, unsworn witness, or any other person who attends a meeting of the dispute mediation committee or the mediation panel may be paid allowances and travel expenses within the budget: Provided, That the foregoing shall not apply where a public official attends such meeting in direct connection with his or her competent business affairs.
| Article 36 (Detailed Rules for Dispute Mediation) |
Except as provided in Articles 30 through 35, the detailed matters necessary for the composition and operation of the dispute mediation committee and the mediation panel shall be determined by the chairperson of the dispute mediation committee upon resolution by the dispute mediation committee.
The Minister of Science and ICT or the head of a related central administrative agency shall hold a hearing when he or she intends to make any of the following dispositions:
| 1. | Revocation of the designation of a data safety zone under Article 12 (6); |
| 2. | Revocation of the designation of a valuation agency under Article 14 (5); |
| 3. | Revocation of the designation of a data expert training institution under Article 25 (6); |
| Article 38 (Delegation of Authority) |
Pursuant to Article 46 (1) of the Act, the Minister of Science and ICT delegates the authority to authorize the establishment of a data business association under Article 33 (1) of the Act to the Director General of the Central Radio Management Service.
| Article 39 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of Science and ICT (including the data business association entrusted with the business affairs of the Minister of Science and ICT pursuant to Article 29 (5) 2) may process data containing resident registration number, passport number, or alien registration number as specified in subparagraph 1, 2, or 4 of Article 19, of the Enforcement Decree of the Personal Information Protection Act, if it is essential for performing affairs related to the registration of data traders under Article 23 (1) of the Act. |
| (2) | The dispute mediation committee and the secretariat under Article 34 (6) of the Act may process data containing sensitive information under Article 23 of the Personal Information Protection Act and resident registration numbers, passport numbers, driver's license numbers, or alien registration numbers under the subparagraphs 1 through 4 of Article 19 of the Enforcement Decree of that Act, if it is essential for performing affairs related to data dispute mediation under Articles 35, 37, and 38 of the Act. |
| Article 40 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of fines under Article 48 (1) of the Act shall be as prescribed in Appendix 2. [This Article Added on Jan. 3, 2023]
ADDENDA <Presidential Decree No. 32577, April 19, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 20, 2022.
Article 2 (Applicability to Timing of Finalization of Implementation Plan)
Article 3 (2) shall begin to apply where an implementation plan is formulated in accordance with a master plan to be formulated for the first time after this Decree enters into force.
ADDENDUM <Presidential Decree No. 33195, Jan. 3, 2023>
This Decree shall enter into force on the date of its promulgation.