ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON ELECTRONIC DOCUMENTS AND TRANSACTIONS
Wholly Amended by Presidential Decree No. 17655, Jun. 29, 2002
Amended by Presidential Decree No. 19118, Nov. 4, 2005
Presidential Decree No. 20120, Jun. 28, 2007
Presidential Decree No. 20388, Nov. 16, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21692, Aug. 18, 2009
Presidential Decree No. 22129, Apr. 20, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 24076, Aug. 31, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 26713, Dec. 15, 2015
Presidential Decree No. 27684, Dec. 27, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 29034, Jul. 10, 2018
Presidential Decree No. 33913, Dec. 12, 2023
[This Article Wholly Amended on Aug. 31, 2012]
| Article 2 (Scope of Trade Secrets) |
| 1. | Matters with which individual business partners can be identified, such as a name, trade name, and address; |
| 2. | Matters concerning the prices and quantities of goods or services provided by individual business partners; |
| 3. | Matters concerning manufacturing cost; |
| 4. | Other matters concerning manufacturing processes, sales methods, or technical or managerial information useful to business activities kept confidential by making reasonable efforts, which are likely to cause loss to any user of electronic commerce or disrupt their business where disclosed. |
| (2) | Measures to protect trade secrets under Article 13 (4) of the Act shall be as follows: |
| 1. | Enactment and enforcement of trade secret regulations; |
| 2. | Indications of trade secrets; |
| 3. | Education for employees. |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 2-2 Deleted. <Jul. 10, 2018> |
| Article 2-3 Deleted. <Jul. 10, 2018> |
| Article 2-4 (Creation and Storage of Distribution Information) |
| (1) | "Matters prescribed by Presidential Decree" in Article 18-5 (1) 3 of the Act means any of the following: |
| 1. | Name of an electronic document; |
| 2. | Date and time electronic documents are inspected; |
| 3. | Certified electronic addresses of transmitters and addressees; |
| 3. | Certified electronic addresses of transmitters and addressees; |
| (2) | A period for storage of distribution information referred to in Article 18-5 (1) of the Act (hereinafter referred to as "distribution information") shall be ten years. |
[This Article Added on Aug. 31, 2012]
| Article 2-5 (Issuance of Certificate of Distribution) |
| (1) | The originator, transmitter or addressee (hereafter referred to as "originator, etc." in this Article) may file an application for the issuance of a certificate of distribution under Article 18-5 (2) of the Act (hereafter referred to as "certificate of distribution") with a dedicated institution under Article 22 (1) of the Act (hereinafter referred to as "dedicated institution") or a certified electronic document intermediary (limited to cases where a certified electronic document intermediary sends, receives, or relays electronic documents for the originator, etc.; hereafter the same shall apply in this Article). <Amended on Dec. 10, 2020> |
| (2) | Where a dedicated institution or a certified electronic document intermediary issues a certificate of distribution which includes the following matters pursuant to Article 18-5 (2) of the Act, it shall use a digital signature defined in subparagraph 2 of Article 2 of the Digital Signature Act (hereinafter referred to as "digital signature"): <Amended on Dec. 8, 2020; Dec. 10, 2020> |
| 1. | Name of an electronic document; |
| 2. | Personal information and certified electronic addresses of the transmitter and addressee; |
| 3. | Date and time an electronic document is sent, received, or perused; |
| 4. | Hash value of an electronic document; |
| 5. | The serial number of a certificate of distribution; |
| 6. | The term of validity of a certificate of distribution. |
| (3) | Where a dedicated institution or a certified electronic document intermediary issues a certificate of distribution in paper form pursuant to Article 18-5 (2) of the Act, it shall affix the signature and seal of the dedicated institution or certified electronic document intermediary on the certificate of distribution. <Amended on Dec. 10, 2020> |
| (4) | Where a dedicated institution or a certified electronic document intermediary issues a certificate of distribution pursuant to paragraph (2) or (3), it shall verify the identity of the originator, etc. and whether the originator, etc. is qualified for a legitimate application for issuance of the certificate of distribution. <Amended on Dec. 10, 2020> |
[This Article Added on Aug. 31, 2012]
| Article 3 (Pilot Projects) |
The head of a central administrative agency (hereinafter referred to as "related central administrative agency") related to a plan for the promotion of electronic documents and transactions (hereinafter referred to as "plan for the promotion of electronic documents and transactions") under Article 20 (1) of the Act may implement the following projects as pilot projects to effectively implement the plan for the promotion of electronic documents and transactions: | 1. | Experimental projects to promote electronic documents and transactions; |
| 2. | Projects for the commercialization of technologies related to electronic documents and transactions; |
| 3. | International cooperation projects related to electronic documents and transactions; |
| 4. | Other projects to lay the foundation for, and to boost, electronic documents and transactions. |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 4 (Formulation and Execution of Plans for Promotion of Electronic Documents and Transactions) |
| (1) | When the head of a related central administrative agency formulates and executes a plan for a field under his/her jurisdiction pursuant to Article 20 (2) of the Act, he/she shall prepare and manage data for the current status of electronic documents and transactions, such as statistics related thereto. |
| (2) | When the Minister of Science and ICT integrates plans for fields of related central administrative agencies pursuant to Article 20 (3) of the Act, where necessary, he/she may request the heads of related central administrative agencies to provide data for the current status of electronic documents and transactions, such as statistics related thereto under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 5 Deleted. <Apr. 20, 2010> |
| Article 6 Deleted. <Apr. 20, 2010> |
| Article 7 Deleted. <Aug. 18, 2009> |
| Article 8 Deleted. <Aug. 18, 2009> |
| Article 9 Deleted. <Apr. 20, 2010> |
| Article Deleted. <Apr. 20, 2010> |
| Article 11 (Subsidization of Expenses for Standardization of Electronic Documents and Transactions) |
When the Minister of Science and ICT subsidizes expenses incurred in standardization of electronic documents and transactions pursuant to the latter part of Article 24 (2) of the Act, he/she shall pay such subsidies in installments; provided, when he/she deems it necessary in consideration of the scale, timing of commencement, etc. of a standardization project, he/she may pay such subsidies in lump sum. <Amended on Mar. 23, 2013; Dec. 15, 2015; Jul. 26, 2017> [This Article Wholly Amended on Aug. 31, 2012]
| Article 12 (Subsidization of Expenses to Training Institutions for Experts in Electronic Documents and Transactions) |
Expenses to be subsidized to training institutions for experts in electronic documents and transactions pursuant to Article 26 (3) of the Act shall be as follows: | 1. | Expenses incurred in establishing and operating curricula; |
| 2. | Expenses incurred in establishing and operating educational facilities and equipment; |
| 3. | Expenses incurred in developing and distributing educational materials; |
| 4. | Expenses incurred in conducting surveys and research related to electronic documents and transactions. |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 13 (Scope of Public Organizations) |
Public organizations, etc. specified in Article 27 of the Act shall be: | 3. | Institutions to which the Government or a local government has contributed funds; |
| 4. | Special corporations incorporated pursuant to any special Act for public purposes; |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 14 (Undertaking and Publication of Surveys on Current Status of Electronic Documents and Transactions, Such as Statistics Thereof) |
| (1) | The Minister of Science and ICT shall survey and analyze the current status of electronic documents and transactions, such as statistics thereof under Article 28 of the Act, and publish the results thereof. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Matters necessary for items, methods, and cycle of a survey on the current status of electronic documents and transactions, such as statistics thereof under paragraph (1), and other necessary matters shall be prescribed by Ministerial Decree of the Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 15 (Designation as Electronic Commerce Support Center) |
| (1) | Criteria for designation as an electronic commerce support center (hereinafter referred to as "support center") under Article 30 (2) of the Act shall be as follows: |
| 1. | The business objectives shall be definite and an implementation plan shall be feasible; |
| 2. | A financing plan shall be reasonable; |
| 3. | It shall have professional human resources, facilities and equipment necessary to conduct affairs, such as education and training, technical guidance, management consulting, and provision of information related to electronic commerce. |
| (2) | Any entity that intends to be designated as a support center shall submit an application for designation to the Minister of Science and ICT along with documents prescribed by Ordinance of the Science and ICT. The same shall also apply to any alteration to designated matters. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Upon receipt of an application for designation under paragraph (2), the Minister of Science and ICT shall designate an entity meeting the criteria for designation referred to in paragraph (1) as a support center, and issue a certificate of designation as an electronic commerce support center prescribed by Ministerial Decree of the Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may fully or partially subsidize expenses incurred in operating a support center within budgetary limits. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | A support center to which business expenses have been subsidized pursuant to paragraph (4) shall submit the records evidencing business performance and of budget implementation in the relevant year and a business plan for the following year to the Minister of Science and ICT within two months from the date its business closes. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 15-2 (State Agencies That Can Be Designated as Certified Electronic Document Center) |
[This Article Added on Aug. 31, 2012]
[Previous Article 15-2 moved to Article 15-3 <Aug. 31, 2012>]
| Article 15-3 (Procedures for Designation as Certified Electronic Document Center) |
| (1) | Any entity that intends to be designated as a certified electronic document center pursuant to Article 31-2 (3) of the Act shall submit an application for designation as a certified electronic document center (including an application in electronic form) to the Minister of Science and ICT along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Dec. 27, 2016; Jul. 26, 2017; Dec. 20, 2022> |
| 2. | Articles of association; |
| 3. | A document certifying compliance with the criteria for designation under Article 15-4; |
| 4. | A business plan (including a plan for the management and operation of facilities and equipment under Article 15-4 (1) 3). |
| (2) | Upon receipt of an application for designation under paragraph (1), the Minister of Science and ICT shall verify the registration certificate of corporation through joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | When the Minister of Science and ICT upon receipt of an application for designation under paragraph (1) deems that the application for designation meets the criteria for designation under Article 15-4 (1), he/she shall designate an applicant as a certified electronic document center operator and issue a letter stating such designation to the applicant. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Where necessary for designation under paragraph (3), the Minister of Science and ICT may request an applicant to submit data or may hear opinions of an applicant and related experts. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | Where the Minister of Science and ICT has designated a certified electronic document center, he/she shall announce the designation thereof. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-2, and previous Article 15-3 moved to Article 15-4 <Aug. 31, 2012>]
| Article 15-4 (Criteria for Designation as Certified Electronic Document Center) |
| (1) | Criteria for designation as a certified electronic document center under Article 31-2 (4) of the Act shall be as follows: <Amended on Mar. 23, 2013; Dec. 27, 2016> |
| 1. | Human resources and technical capability: It shall have at least six persons meeting all of the following requirements, who operate facilities and equipment necessary for the storage and certification of electronic documents or other affairs related to electronic documents (hereinafter referred to as "storage, etc. of electronic documents"): |
| (a) | They shall hold a national technical qualification at least equivalent to that of an information and communications engineer, information processing engineer and computer system application engineer or hold a qualification prescribed and announced by the Minister of Science and ICT at least equivalent to such national technical qualification; |
| (b) | They shall have at least two years of work experience in the field prescribed and announced by the Minister of Science and ICT for each qualification provided for in item (a); |
| 2. | Financial capability: Its capital shall be at least four billion won (in cases of a nonprofit corporation, its endowment or total capital shall be at least one billion won, and in cases of a postal service organization under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Management of Postal Services, value of its state property related to the storage, etc. of electronic documents shall be at least four billion won); |
| 3. | Facilities and equipment: It shall be equipped with the following facilities and equipment: |
| (a) | Facilities for the transmission, receipt and storage of electronic documents; |
| (b) | Equipment that records and manages the date and time, and management of electronic documents stored in the certified electronic document center; |
| (c) | Protective equipment for the safe management of facilities, equipment and information concerning the storage of electronic documents; |
| (d) | Equipment for the issuance of certificates of electronic documents; |
| (e) | Equipment for system management, reproduction, and storage of a certified electronic document center. |
| (2) | The Minister of Science and ICT shall prescribe and announce specific matters concerning facilities and equipment under paragraph (1) 3. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-3; previous Article 15-4 moved to Article 15-5 <Aug. 31, 2012>]
| Article 15-5 (Grounds for Disqualification as Certified Electronic Document Center) |
| (1) | "Employees prescribed by Presidential Decree" in subparagraph 1 of Article 31-3 of the Act other than each item means human resources who directly manage and operate facilities and equipment referred to in Article 15-4 (1) 3. |
| (2) | "Persons prescribed by Presidential Decree" in subparagraph 1 (f) of Article 31-3 of the Act means any of the following executives and employees at the time the cause of the revocation of designation or revocation of certification occurs: <Amended on Dec. 10, 2020> |
| 1. | A chief executive officer; |
| 2. | An auditor or a member of the audit committee; |
| 3. | An executive or employee who has been sentenced to a penalty or higher punishment due to his/her act causing the revocation of designation or revocation of certification. |
[This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-4; previous Article 15-5 moved to Article 15-6 <Aug. 31, 2012>]
| Article 15-6 (Announcement of Suspension of Business and Revocation of Designation of Certified Electronic Document Center) |
When the Minister of Science and ICT fully or partially suspends business of a certified electronic document center or revokes the designation thereof pursuant to Article 31-5 (1) of the Act, he/she shall announce such suspension or revocation, as prescribed by Ministerial Decree of the Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-5; previous Article 15-6 moved to Article 15-7 <Aug. 31, 2012>]
| Article 15-7 (Guidelines for Imposition of Penalty Surcharges) |
Guidelines for imposition of penalty surcharges under Article 31-5 (3) of the Act shall be as specified in Appendix 3. [This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-6; previous Article 15-7 moved to Article 15-8 <Aug. 31, 2012>]
| Article 15-8 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where the Minister of Science and ICT intends to impose a penalty surcharge pursuant to Article 31-5 (2) of the Act, he/she shall give written notice that a person should pay a penalty surcharge, specifying the type of an offense and the amount of the relevant penalty surcharge. <Amended on, Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Any person in receipt of notification under paragraph (1) shall pay the penalty surcharge to a receiving agency designated by the Minister of Science and ICT within 20 days from the date of receipt of such notification. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 12, 2023> |
| (3) | A receiving agency that has received a penalty surcharge pursuant to paragraph (2) shall issue a receipt to a payer. |
| (4) | When a receiving agency has received a penalty surcharge pursuant to paragraph (2), it shall notify the Minister of Science and ICT of the fact without delay. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-7; previous Article 15-8 moved to Article 15-9 <Aug. 31, 2012>]
| Article 15-9 (Methods of and Procedures for Issuance of Certificates) |
| (1) | A certified electronic document center may issue a certificate under Article 31-7 (2) of the Act by the following means: <Amended on Jul. 10, 2018, Dec. 8, 2020; Jan. 5, 2021> |
| 1. | In electronic form: An electronic signature of the relevant certified electronic document center shall be affixed; |
| 2. | In written form: The following means: |
| (a) | Where the applicant visits a certified electronic document center to receive the certificate: It shall indicate the title of the certified electronic document center and have its seal affixed thereon; |
| (b) | Where the applicant directly prints out the certificate through online access: It shall bear imprints of the title of the certified electronic document center and its seal. |
| (2) | In issuing a certificate under paragraph (1), a certified electronic document center shall take measures necessary to prevent forgery or falsification and to verify its authenticity and if the electronic document attached thereto contains multiple pages, the center shall take measures necessary to confirm their sequence. <Amended on Jul. 10, 2018> |
| (3) | Where a certified electronic document center issues a certificate pursuant to paragraph (1), it shall confirm the identity of an applicant and whether the applicant is eligible to apply for issuance of the certificate. <Amended on Jul. 10, 2018> |
| (4) | A certificate issued pursuant to paragraph (1) shall include the following matters: <Amended on Jul. 10, 2018> |
| 1. | Name of an applicant for issuance (in cases of a corporation, referring to its trade name); |
| 2. | Birth date of an applicant for issuance (in cases of a corporation, referring to its corporate registration number); |
| 3. | The serial number of the certificate; |
| 4. | Date of application for issuance of the certificate and the date and time of the issuance thereof; |
| 5. | Term of validity of the certificate; |
| 6. | Purpose of use of the certificate; |
| 7. | Information identifying the certified electronic document center, such as the name of the certified electronic document center. |
| (5) | Any of the following persons shall be eligible to apply for issuance under paragraph (3): |
| 1. | A person who has outsourced the storage of electronic documents; |
| 2. | A person to whom the authority to apply for issuance is delegated by a person who has entrusted the storage of electronic documents; |
| 3. | An addressee mentioned in the stored electronic document. |
[This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-8; previous Article 15-9 moved to Article 15-10 <Aug. 31, 2012>]
| Article 15-10 (Measures to Prevent Corruption of or Change to Content) |
A certified electronic document center shall take the following measures so that the content of an electronic document may not be damaged or changed pursuant to Article 31-9 (3) of the Act: | 1. | Measures to prevent electronic tampering; |
| 2. | Protective measures, such as restriction of outsiders' access; |
| 3. | Measures against disasters, such as a fire or flood; |
| 4. | Other measures to secure the safety of facilities related to the storage of electronic documents. |
[This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-9; and previous Article 15-10 moved to Article 15-12 <Aug. 31, 2012>]
| Article 15-11 (Requirements to Maintain Independence in Human and Physical Aspects) |
Requirements to maintain independence in human and physical aspects under Article 31-9 (5) of the Act shall be as follows: | 1. | The number of persons who concurrently hold positions as an executive of a certified electronic document center and as an executive of a corporation that uses the certified electronic document center shall not exceed a quarter of the number of executives of the certified electronic document center; |
| 2. | No corporation that uses a certified electronic document center shall possess or lease facilities or equipment of the certified electronic document center. |
[This Article Added on Aug. 31, 2012]
[Previous Article 15-11 moved to Article 15-13 <Aug. 31, 2012>]
| Article 15-12 (Submission of Data and Reporting) |
| (1) | Where the Minister of Science and ICT requests a certified electronic document center to submit related data or a report pursuant to Article 31-11 (1) of the Act, he/she shall prescribe the following matters and notify the certified electronic document center thereof: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Deadline for submission of related data or reporting; |
| 2. | Details of matters to be submitted or reported. |
| (2) | The scope of matters to be submitted or reported under paragraph (1) shall be as follows: |
| 1. | Whether information security under Article 31-12 of the Act is ensured; |
| 2. | Whether the duty to protect personal information of users under Article 31-13 of the Act is observed; |
| 3. | Whether criteria for designation under Article 15-4 are maintained; |
| 4. | Whether measures to prevent damage or change to the details under Article 15-10 are taken; |
| 5. | Other matters necessary to secure the safety and reliability of a certified electronic document center. |
[This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-10 <Aug. 31, 2012>]
| Article 15-13 (Purchase of Insurance) |
| (1) | A certified electronic document center shall purchase insurance, the annual limit of liability of which exceeds two billion won, within one month from the date it is designated, and submit a copy of a document verifying the purchase of insurance to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A certified electronic document center shall keep the remainder of the indemnity limit under paragraph (1) at not less than one billion won, and where the remaining limit of compensation is less than one billion won, it shall increase the remaining limit of compensation to at least one billion won within one month from the date such cause arises. |
| (3) | Where insurance a certified electronic document center has purchased pursuant to paragraph (1) is terminated for reasons, such as the expiry of its term, it shall repurchase insurance before its term expires and submit a copy of a document verifying the purchase of insurance to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 31, 2012]
[Moved from Article 15-11 <Aug. 31, 2012>]
| Article 15-14 (Requirements for Certification as Certified Electronic Document Intermediary) |
| (1) | Deleted. <Dec. 10, 2020> |
| (2) | A person who wishes to be certified as a certified electronic document intermediary pursuant to Article 31-18 (1) of the Act shall meet all of the following requirements: <Amended on Dec. 10, 2020> |
| 1. | It shall be equipped with the following facilities: |
| (a) | Facilities for transmitting, receiving, or relaying electronic documents (hereinafter referred to as "distribution of electronic documents"); |
| (b) | Facilities for recording and managing the date, time, and operation of the distribution of electronic documents; |
| (c) | Facilities for the creation and verification of distribution information; |
| (d) | System management and duplication and storage facilities required for the distribution of electronic documents; |
| (e) | Protective facilities to safely manage facilities and electronic document distribution information under items (a) through (d); |
| 2. | It shall have technical capabilities to operate and manage all the facilities referred to in the items of subparagraph 1. |
| (3) | The Minister of Science and ICT shall prescribe and publicly notify details regarding the facilities under paragraph (2) 1. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 10, 2020> |
[This Article Added on Aug. 31, 2012]
[Title Amended on Dec. 10, 2020]
| Article 15-15 (Certification Procedures for Certified Electronic Document Intermediaries) |
| (1) | A person who intends to apply for certification of a certified electronic document intermediary pursuant to Article 31-18 (2) of the Act shall submit an application for certification of a certified electronic document intermediary prescribed by Ordinance of the Ministry of Science and ICT to the Minister of Science and ICT, along with the following documents: <Amended on Dec. 10, 2020> |
| 1. | A document verifying that all the requirements prescribed in the subparagraphs of Article 15-14 (2) are satisfied; |
| 2. | A business plan (including a plan for the management and operation of the facilities under Article 15-14 (2) 1); |
| (2) | Deleted. <Dec. 10, 2020> |
| (3) | Upon receipt of an application for certification under paragraph (1), the Minister of Science and ICT shall issue a certificate of a certified electronic document intermediary prescribed by Ordinance of the Ministry of Science and ICT to the applicant, if the applicant is deemed to have met all the requirements prescribed in the subparagraphs of Article 15-14 (2). <Amended on Dec. 10, 2020> |
| (4) | Where necessary for certification under paragraph (3), the Minister of Science and ICT may request an applicant to submit data or hear opinions of the applicant and related experts. <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 10, 2020> |
[This Article Added on Aug. 31, 2012]
[Title Amended on Dec. 10, 2020]
| Article 15-16 (Certification Renewal for Certified Electronic Document Intermediaries) |
| (1) | Where a certified electronic document intermediary intends to remain as a certified electronic document intermediary even after the validity period of certification under Article 31-18 (3) of the Act expires, he or she shall have certification as a certified electronic document intermediary renewed, as prescribed by Ordinance of the Ministry of Science and ICT. |
| (2) | Details necessary for the renewal of certification of a certified electronic document intermediary under paragraph (1) shall be prescribed by Ordinance of the Ministry of Science and ICT. |
[This Article Added on Dec. 10, 2020]
| Article 15-17 (Post-Certification Management of Certified Electronic Document Intermediaries) |
| (1) | Pursuant to Article 31-18 (5) of the Act, the Minister of Science and ICT shall annually inspect whether certified electronic document intermediaries are equipped with the facilities referred to in Article 15-14 (2) 1 and their safety. |
| (2) | Where the Minister of Science and ICT intends to conduct an inspection of a certified electronic document intermediary pursuant to paragraph (1), he or she shall notify the relevant certified electronic document intermediary of the date, time, purpose, and object of the inspection by no later than 15 days before the inspection: |
[This Article Added on Dec. 10, 2020]
| Article 16 (Duties of Chairperson) |
| (1) | The Chairperson (hereinafter referred to as the "Chairperson") of the Electronic Documents and Transactions Dispute Mediation Committee (hereinafter referred to as the "Committee") under Article 32 of the Act shall represent the Committee and preside over its affairs. |
| (2) | Where the Chairperson cannot perform his/her duties due to unavoidable reasons, a member appointed by the Chairperson shall perform his/her duties on his/her behalf. |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 17 Deleted. <Aug. 31, 2012> |
| Article 18 Deleted. <Aug. 31, 2012> |
| Article 19 (Operation of Committee) |
| (1) | Where the Chairperson intends to convene a meeting of the Committee, he/she shall notify each member of the date, time, and venue of the meeting and items to be discussed in writing or in electronic form by not later than five days prior to the holding of the meeting; provided, in cases of an emergency or due to an extenuating circumstance, he/she may shorten that period. |
| (2) | The Committee shall hold meetings when a majority of the incumbent members, including the Chairperson, attend meetings, and pass resolutions with the consent of a majority of the members present. |
| (3) | The Committee (including the mediation division under Article 33 (2) of the Act) may have a meeting by means of videoconferencing, for which members, parties to dispute, or witnesses attend the meeting at different places equipped with a device that transmits and receives video and sound at the same time. In such cases, the relevant members, etc. shall be deemed present at the same conference room. |
| (4) | Where the Committee deems it necessary to conduct affairs efficiently, it may establish subcommittees within the Committee. |
| (5) | In addition to matters provided for in paragraphs (1) through (4), the Chairperson shall prescribe detailed matters necessary for the operation of the Committee following resolutions by the Committee. |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 20 (Procedures for Dispute Mediation) |
| (1) | Any person who intends to receive a remedy for damage or mediation of a dispute related to electronic documents and transactions shall submit an application for mediation to the Committee, as prescribed by the Committee. |
| (2) | Upon receipt of an application referred to in paragraph (1), the Committee shall notify parties to a dispute of the details thereof without delay and may recommend a pre-mediation settlement. |
| (3) | Where parties to a dispute fail to reach an agreement under paragraph (2), the Chairperson shall designate the mediation division in charge of the dispute and refer an application for mediation under paragraph (1). |
| (4) | Where the mediation division to which an application for mediation has been referred pursuant to paragraph (3) intends to request parties to a dispute or witnesses to attend mediation pursuant to Article 34 (2) of the Act, it shall notify them of grounds for request for attendance, etc. by not later than seven days prior to attendance. |
| (5) | Parties to a dispute or witnesses notified pursuant to paragraph (4) may attend mediation on the designated date and time, and state their opinions, or submit written opinions. |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 21 (Expenses for Dispute Mediation) |
| (1) | In cases where the Committee has prescribed that an applicant should pay expenses for mediation, the relevant applicant shall pay such expenses in advance when he/she applies for mediation. |
| (2) | The Committee shall fix the amount of expenses for mediation under paragraph (1). |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 22 (Budget and Settlement of Accounts) |
| (1) | The Committee shall submit a business plan and draft budget for the following business year to the Minister of Science and ICT and obtain his/her approval by not later than two months prior to the commencement of each business year. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Committee shall prepare a business report and settlement of accounts each business year and submit them to the Minister of Science and ICT within two months after the relevant business year expires. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 31, 2012]
| Article 22-2 (Entrustment of Business Affairs) |
The Minister of Science and ICT shall entrust a dedicated institution with the following business affairs pursuant to Article 39 of the Act: <Amended on Mar. 23, 2013; Dec. 27, 2016; Jul. 26, 2017; Dec. 10, 2020> | 1. | and 2. Deleted; <Jul. 10, 2018> |
| 2. | Deleted; <Jul. 10, 2018> |
| 3. | Receipt of a report of change under Article 31-8 (4) of the Act; |
| 4. | Inspection of the safety of facilities and equipment of a certified electronic document center under Article 31-10 (1) and (2) of the Act; |
| 5. | Deleted; <Dec. 10, 2020> |
| 6. | Post-certification management of a certified electronic document intermediary, including regular inspection of the safety of its facilities under Article 31-18 (5) of the Act; |
| 7. | Receipt of a copy of a document verifying the purchase of insurance under Article 15-13 (1) and (3). |
[This Article Added on Aug. 31, 2012]
[Title Amended on Dec. 10, 2020]
| Article 22-3 (Management of Personally Identifiable Information) |
| (1) | Where unavoidable for performing duties related to registration of certified electronic addresses as prescribed in Article 18-4 of the Act, an exclusively responsible agency may process data containing a resident identification number, passport number, driver’s license number or alien registration number prescribed in the subparagraphs of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Added on Mar. 27, 2017; Dec. 10, 2020> |
| 1. | Affairs concerning the statement and hearing of opinions of the parties to a dispute and persons for reference for the purpose of dispute mediation under Article 34 (2) of the Act and Article 20 (5) of this Decree; |
| 2. | Affairs concerning the preparation of protocols of mediation under Article 35 (1) and (2) of the Act. |
[This Article Added on Aug. 6, 2014]
[Previous Article 22-3 moved to Article 22-4 <Aug. 6, 2014>]
| Article 22-4 (Re-Examination of Regulation) |
The Minister of Science and ICT shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Jul. 26, 2017; Dec. 10, 2020>
| 1. | Criteria for designation of certified electronic document centers under Article 15-4: January 1, 2014; |
| 2. | Requirements for certification of certified electronic document intermediaries under Article 15-14: December 10, 2020. |
[This Article Added by Presidential Decree No. 25050, Dec. 30, 2013]
[Moved from Article 22-3 <Aug. 6, 2014>]
| Article 23 (Guidelines for Imposition of Administrative Fines) |
Guidelines for imposition of administrative fines under Article 46 (1) and (2) of the Act shall be as specified in Appendix 4. [This Article Wholly Amended on Aug. 31, 2012]
ADDENDA <Presidential Decree No. 17655, Jun. 29, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2002. |
| (2) | (Transitional Measures concerning Approval of Business Plans) Notwithstanding the amended provisions of Article 22, the Mediation Committee shall submit a business plan and draft budget for the business year in which this Decree enters into force, to the Minister of Commerce, Industry and Energy by August 31, 2002 and obtain his/her approval. |
| (3) | (Relationship to Other Statutes and Regulations) Where any of the provisions of the previous Enforcement Decree of the Framework Act on Electronic Commerce is cited by any other statute or regulation as at the time this Decree enters into force, if the provisions corresponding thereto exist in this Decree, the relevant provisions of this Decree shall be deemed cited in lieu of the previous provisions. |
ADDENDA <Presidential Decree No. 19118, Nov. 4, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Korea EDIFACT Committee) The Korea EDIFACT Committee under the previous provisions as at the time this Decree enters into force shall be deemed the Korea Electronic Document Standards Committee under the amended provisions of Article 9. |
ADDENDUM <Presidential Decree No. 20120, Jun. 28, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDA <Presidential Decree No. 20388, Nov. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2007.
Article 2 (Transitional Measures concerning Purchase of Insurance)
A certified electronic document depository designated pursuant to Article 31-2 of the Act as at the time this Decree enters into force shall purchase insurance pursuant to the amended provisions of Article 15-11 within one month from the date this Decree enters into force, and submit a copy of a document verifying the purchase of such insurance, to the Minister of Commerce, Industry and Energy.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
ADDENDA <Presidential Decree No. 22129, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Guidelines for Imposition of Penalty Surcharges)
The previous provisions shall apply to guidelines for imposition of penalty surcharges for offenses committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
ADDENDA <Presidential Decree No. 24076, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 2, 2012; provided, Article 3 (16) of this Addenda shall enter into force on January 1, 2013. Article 2 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of Appendix 4, the previous provisions shall apply to offenses committed before this Decree enters into force.
Article 4 (Relationship to Other Statutes and Regulations)
Where the previous Enforcement Decree of the Framework Act on Electronic Commerce or any of the provisions thereof is cited by other statutes and regulations as at the time this Decree enters into force, if any provision corresponding thereto exists in this Decree, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 26713, Dec. 15, 2015>
This Decree shall enter into force on December 23, 2015.
ADDENDUM <Presidential Decree No. 27684, Dec. 27, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29034, Jul. 10, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31222, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
ADDENDA <Presidential Decree No. 31252, Dec. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32169, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into force on the date of its promulgation.