ENFORCEMENT DECREE OF THE SPECIAL ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND VITALIZATION OF CONVERGENCE THEREOF
Presidential Decree No. 25156, Feb. 11, 2014
Amended by Presidential Decree No. 25393, Jun. 25, 2014
Presidential Decree No. 25495, Jul. 21, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 29483, Jan. 15, 2019
Presidential Decree No. 29677, Apr. 2, 2019
Presidential Decree No. 30667, May 12, 2020
Presidential Decree No. 31220, Dec. 8, 2020
Presidential Decree No. 31221, Dec. 8, 2020
Presidential Decree No. 31764, Jun. 10, 2021
Presidential Decree No. 32169, Nov. 30, 2021
Presidential Decree No. 32733, Jun. 28, 2022
Presidential Decree No. 33015, Dec. 6, 2022
Presidential Decree No. 34468, Apr. 30, 2024
CHAPTER I GENERAL PROVISIONS
Article 2 (Scope of Public Institutions) |
CHAPTER II CONSTRUCTION OF SYSTEM TO ADVANCE PROMOTION OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND TO VITALIZE THE CONVERGENCE THEREOF
Article 3 (Procedures for Formulating Action Plans) |
(1) | The Minister of Science and ICT shall prepare guidelines for the formulation of an action plan for the promotion of information and communications technology and the vitalization of convergence thereof (hereinafter referred to as "action plan") under Article 6 (1) of the Act for the following year and notify the heads of relevant central administrative agencies thereof no later than April 30 each year. <Amended on Jul. 26, 2017> |
(2) | Pursuant to the guidelines for the formulation under paragraph (1), the heads of relevant central administrative agencies shall formulate an action plan for a jurisdictional field to be implemented in the following year and submit it to the Strategic Committee for Information and Communications under Article 7 (1) of the Act (hereinafter referred to as the "Strategic Committee") through the Minister of Science and ICT no later than June 30 every year. <Amended on Jul. 26, 2017> |
(3) | The Minister of Science and ICT may examine a master plan formulated pursuant to Article 5 (1) of the Act (hereinafter referred to as "master plan"), a budget necessary for an action plan submitted pursuant to paragraph (2), and measures to raise funds, and notify his or her opinion to the Minister of Economy and Finance. <Amended on Jul. 26, 2017> |
(4) | In order to integrate a master plan and an action plan, the Minister of Science and ICT may request the heads of relevant central administrative agencies to correct, supplement, or coordinate the action plan. <Amended on Jul. 26, 2017> |
(5) | The Strategic Committee shall deliberate, and adopt a resolution, on an action plan submitted pursuant to paragraph (2) no later than August 31 of the year in which the action plan is submitted. |
(6) | The Minister of Science and ICT shall notify the heads of relevant central administrative agencies of an action plan subject to deliberation and resolution, which is determined pursuant to paragraph (5), and publicly notify the action plan. <Amended on Jul. 26, 2017> |
Article 4 (Organization of Strategic Committee) |
(1) | "Heads of relevant central administrative agencies prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 7 (2) of the Act means the following heads of central administrative agencies: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
1. | The Minister of Economy and Finance; |
2. | The Minister of Education; |
3. | The Minister of the Interior and Safety; |
4. | The Minister of Culture, Sports and Tourism; |
5. | The Minister of Trade, Industry and Energy; |
6. | The Minister of Health and Welfare; |
7. | The Minister of Land, Infrastructure and Transport; |
7-2. | The Minister of SMEs and Startups; |
8. | Chairperson of the Korea Communications Commission; |
9. | The Minister of the Office for Government Policy Coordination; |
10. | Deleted; <Jul. 26, 2017> |
11. | The heads of central administrative agencies designated by the Chairperson of the Strategic Committee with regard to agenda items referred to the Strategic Committee for deliberation. |
(2) | The term of office of members appointed pursuant to Article 7 (2) of the Act shall be two years: Provided, That the term of office of a member newly appointed following the resignation, etc. of a member shall be the remainder of his or her predecessor’s term. <Amended on Dec. 31, 2015> |
(3) | Where a member appointed pursuant to Article 7 (2) of the Act falls under any of the following cases, the Prime Minister may dismiss such member from the committee: <Newly Inserted on Dec. 31, 2015> |
1. | Where the member becomes unable to perform his or her duties due to mental or physical disabilities; |
2. | Where he or she commits irregularities related to his or her duties; |
3. | Where he or she is deemed unfit for a member due to negligence, injury to dignity or other reasons; |
4. | Where he or she personally expresses his or her intent that fulfilling duties is difficult. |
Article 5 (Meetings of Strategic Committee) |
(1) | The Chairperson of the Strategic Committee may convene a meeting if deemed necessary. |
(2) | If the Chairperson of the Strategic Committee convenes a meeting, he or she shall inform each member of the date, time, venue, of the meeting and agenda items in writing by no later than seven days before the meeting is to be held: Provided, That in cases of emergency or where unavoidable reasons exist, this shall not apply. |
(3) | The Strategic Committee shall hold its meetings with the attendance of a majority of enrolled members and adopt resolutions with the consent of a majority of the members present. |
(4) | The Chairperson of the Strategic Committee may have the heads of relevant central administrative agencies appear before a meeting of the Committee and present their opinions with regard to agenda items under their jurisdiction or may require relevant specialists to appear before a meeting of the Committee to hear their opinions if deemed necessary. |
Article 6 (Operation of Strategic Committee) |
(1) | The Minister of Science and ICT shall assist the Chairperson of the Strategic Committee and take charge of the affairs of the Strategic Committee upon the order of the Chairperson. <Amended on Jul. 26, 2017> |
(2) | The Minister of Science and ICT may require public officials under his or her jurisdiction to support the operation of the Strategic Committee for the efficient performance of duties of the Strategic Committee. <Amended on Jul. 26, 2017> |
(3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for the operation of the Strategic Committee shall be determined by the Chairperson of the Strategic Committee after resolution by the Strategic Committee. |
Article 7 (Organization and Operation of Working Committee) |
(1) | The working committee established pursuant to Article 7 (5) of the Act (hereinafter referred to as the "working committee") shall consist of up to 20 members appointed or commissioned by the Chairperson of the Strategic Committee from among the following persons in consideration of their gender. In such cases, civilian members shall constitute a majority of the members of the Committee: <Amended on Jul. 26, 2017; Jan. 15, 2019> |
1. | A public official nominated by the head of a relevant central administrative agency, who are public officials of at least Grade III of the relevant central administrative agency (including public officials belonging to the Senior Executive Service); |
2. | An associate professor or higher at a university or a person who has served or is serving in a research institute related to information and communications technology for at least five years; |
3. | A person who has served or is serving in an industry related to information and communications technology for at least five years; |
4. | A person who has served or is serving in civil organization related to information and communications technology for at least five years; |
5. | A person who is qualified as a judge, prosecutor, or attorney-at-law and has at least five years of career experience in his or her field; |
6. | Other persons recognized by the Minister of Science and ICT as having expertise in information and communications technology, humanities, or other fields. |
(2) | The chairperson of the working committee shall be designated by the Chairperson of the Strategic Committee from among members of the working committee. <Amended on Jan. 15, 2019> |
(3) | The term of office of civilian members commissioned pursuant to paragraph (1) shall be two years: Provided, That the term of office of a member newly appointed following the resignation, etc. of a member shall be the remainder of his or her predecessor's term. <Amended on Dec. 31, 2015> |
(4) | A person who nominates a member pursuant to paragraph (1) 1 may cancel the nomination of such person where he or she falls under any of the following cases: <Newly Inserted on Dec. 31, 2015> |
1. | Where the member becomes unable to perform his or her duties due to mental or physical disabilities; |
2. | Where he or she commits irregularities related to his or her duties; |
3. | Where he or she is deemed unfit for a member due to negligence, injury to dignity or other reasons; |
4. | Where he or she personally expresses his or her intent that fulfilling duties is difficult. |
(5) | Where a member commissioned pursuant to the provisions of paragraph (1) 2 through 6 falls under any subparagraph of paragraph (4), the Chairperson of the Strategic Committee may decommission such member. <Newly Inserted on Dec. 31, 2015> |
(6) | The Minister of Science and ICT shall take charge of the general affairs of the working committee and may require public officials under his or her jurisdiction to support the operation of the working committee. <Amended on Dec. 31, 2015; Jul. 26, 2017; Jan. 15, 2019> |
(7) | Article 5 shall apply mutatis mutandis to the meetings of the working committee. In such cases, "the Strategic Committee" shall be construed as "the working committee." <Amended on Dec. 31, 2015; Jan. 15, 2019> |
[Title Amended on Jan. 15, 2019]
Article 8 (Organization and Operation of Specialized Committees) |
(1) | Where necessary to support the Strategic Committee and the working committee pursuant to Article 7 (6) of the Act, specialized committees may be organized by each of the following fields: <Amended on Jan. 15, 2019> |
1. | Planning and budgeting; |
2. | Convergence of information and communications technology; |
5. | Protection of information; |
6. | Other fields necessary for supporting the Strategic Committee and the working committee. |
(2) | A specialized committee shall consist of the following members, and the chairperson of the specialized committee shall be a person designated by the Minister of Science and ICT from among the committee members: <Amended on Jul. 26, 2017> |
1. | Public officials of the central administrative agencies in charge of the fields referred to in the subparagraphs of paragraph (1), who are nominated by the heads of the relevant agencies; |
2. | Persons commissioned by the Minister of Science and ICT from among experts in technology, law, etc. of the fields referred to in the subparagraphs of paragraph (1). |
(3) | A person who nominates a member pursuant to paragraph (2) 1 may cancel the nomination of such member where he or she falls under any of the following cases: <Newly Inserted on Dec. 31, 2015> |
1. | Where the member becomes unable to perform his or her duties due to mental or physical disabilities; |
2. | Where he or she commits irregularities related to his or her duties; |
3. | Where he or she is deemed unfit for a member due to negligence, injury to dignity or other reasons; |
4. | Where he or she personally expresses his or her intent that fulfilling duties is difficult. |
(4) | Where a member commissioned pursuant to the provisions of paragraph (2) 2 falls under any subparagraph of paragraph (3), the Minister of Science and ICT may decommission such member. <Newly Inserted on Dec. 31, 2015; Jul. 26, 2017> |
Article 8-2 (Organization of Deliberative Committee on New Technologies and Services and Others) |
(1) | A person who has extensive knowledge and experience in technologies and services for information and communications or for the convergence of information and communications specified in Article 10-2 (2) 1 of the Act (hereinafter referred to as "convergence, etc. of information and communications") shall be any of the following persons: |
1. | A person who has served for at least five years at a research institute or enterprise related to technologies and services for the convergence, etc. of information and communications; |
2. | A professional engineer in any field related to technologies and services for the convergence, etc. of information and communications, who has at least five years' experience; |
3. | A person who has the qualification of a patent attorney or attorney-at-law and has at least five years' experience; |
4. | A person who holds an associate professorship or higher position at a university. |
(2) | Relevant central administrative agencies referred to in Article 10-2 (2) 2 of the Act shall be the following agencies: |
1. | Ministry of Trade, Industry and Energy; |
2. | Ministry of Health and Welfare; |
3. | Ministry of Land, Infrastructure and Transport; |
4. | Financial Services Commission; |
5. | A central administrative agency designated by the Chairperson of the Deliberative Committee on New Technologies and Services established pursuant to Article 10-2 (1) of the Act (hereinafter referred to as the "Deliberative Committee") regarding an agenda item brought to the Deliberative Committee. |
(3) | Members of the Deliberative Committee shall be organized taking gender equality into consideration; and the term of office of each civilian member shall be two years but may be renewed only once. |
(4) | A majority of the members of the Deliberative Committee (including the Chairperson; hereafter the same shall apply in this paragraph) organized pursuant to paragraph (1) or (2) for each meeting shall constitute a quorum; and any decision thereof shall require the concurring vote of at least a majority of those present. |
(5) | The Deliberative Committee may have sectoral pre-examination committees (hereinafter referred to as "pre-examination committees") in order to examine or adjust matters subject to deliberation and resolution, or to conduct or support the duties of the Deliberative Committee efficiently. <Amended on Dec. 6, 2022> |
(6) | Where pre-examination committees are established pursuant to paragraph (5), each pre-examination committee shall be comprised of up to 20 members, including the chairperson; and members of the pre-examination committee shall be appointed or commissioned by the Chairperson of the Deliberative Committee from among the following persons, including at least one person specified in subparagraph 1. In such cases, the chairperson of each pre-examination committee shall be appointed by the Chairperson of the Deliberative Committee from among members of the pre-examination committee: <Amended on Dec. 6, 2022> |
1. | A member of the Deliberative Committee; |
2. | A public official of a central administrative agency or local government relevant to technologies and services for the convergence, etc. of information and communications subject to examination (hereinafter referred to as "relevant agency"); |
3. | A person who meets the qualifications specified in the subparagraphs of paragraph (1). |
(7) | The Deliberative Committee shall have one secretary to conduct its affairs, who shall be appointed by the Minister of Science and ICT from among deputy ministerial level public officials or higher who belong to the Ministry of Science and ICT. |
(8) | Except as provided in paragraphs (1) through (7), matters necessary for organizing and operating the Deliberative Committee and pre-examination committees shall be determined by the Chairperson of the Deliberative Committee by a resolution of the Deliberative Committee. |
[This Article Newly Inserted on Jan. 15, 2019]
Article 8-3 (Disqualification of, Challenge to, and Refrainment by, Members of Deliberative Committee and Others) |
(1) | A member of the Deliberative Committee shall be excluded from deliberating and resolving on the relevant agenda item in any of the following cases: |
1. | Where the member or his or her current or previous spouse is the party (including the executives where the party is a legal person or an organization; hereinafter the same shall apply in this subparagraph and subparagraph 2) or the joint right holder or joint liability holder with the party to the relevant agenda; |
2. | Where the member is a current or former relative of any party involved in the relevant agenda item; |
3. | Where the member has testified, made a statement, provided advice or services, or conducted research, a survey, or appraisal regarding the relevant agenda item; |
4. | Where the member worked at a corporation, organization, etc. to which a party to the relevant agenda item belongs within the last three years; |
5. | Where the member or a corporation, organization, etc. to which the member belongs is or was an agent of a party to the relevant agenda item. |
(2) | If the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions of a member, any party to the relevant agenda item may file a request to challenge such member with the Deliberative Committee, and the Committee shall make a decision on such request by resolution. In such cases, the challenged member shall abstain from such resolution. |
(3) | Where a member constitutes the grounds for exclusion specified in the subparagraphs of paragraph (1), he or she shall personally refrain from all deliberations and resolutions on the relevant agenda item. |
(4) | The Minister of Science and ICT may dismiss a member commissioned pursuant to Article 10-2 (2) of the Act in any of the following cases: |
1. | Where he or she becomes incapable of performing his or her duties due to mental or physical disability; |
2. | Where he or she commits irregularities related to his or her duties; |
3. | Where he or she is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other reason; |
4. | Where he or she personally expresses his or her intent that fulfilling duties is difficult. |
5. | Where he or she fails to refrain though he or she falls under any subparagraph of paragraph (1). |
[This Article Newly Inserted on Jan. 15, 2019]
Allowances, traveling expenses, and other necessary expenses may be paid to the committee members, relevant public officials, and relevant experts, who attend the meetings of the Strategic Committee, the working committee, the specialized committees, the Deliberative Committee, or the pre-examination committees within the budget: Provided, That where a public official attends a meeting of a committee in direct relation to his or her duties, this shall not apply. <Amended on Jan. 15, 2019>
Article 10 (Methods and Procedures for Fact-Finding Surveys) |
(1) | A fact-finding survey under Article 8 (1) of the Act (hereinafter referred to as "fact-finding survey") may be conducted on the following institutions, enterprises, or organizations: <Amended on Jul. 26, 2017; Jan. 15, 2019> |
1. | Public institutions determined and publicly notified by the Minister of Science and ICT among public institutions; |
2. | Enterprises related to the convergence, etc. of information and communications which meet the standards determined and publicly notified by the Minister of Science and ICT in consideration of the type of business, number of employees, and so forth; |
3. | Other institutions or organizations determined and publicly notified by the Minister of Science and ICT as he or she deems that it is necessary to conduct fact-finding surveys thereof for the promotion of information and communications and the vitalization of convergence thereof. |
(2) | A fact-finding survey shall be conducted by means of a field survey, documentary survey, statistical research, literature search, etc., and where necessary for an efficient fact-finding survey, electronic methods, such as information and communications network and electronic mail, may be used. |
(3) | Where the Minister of Science and ICT or the head of a relevant central administrative agency conduct a fact-finding survey, he or she shall formulate a fact-finding survey plan, including the purpose of survey, matters to be surveyed, methods for survey, and period of survey and inform persons to be surveyed of the plan in writing by seven days before the survey is conducted. <Amended on Jul. 26, 2017> |
(4) | The Minister of Science and ICT shall include the results of a fact-finding survey in the Official Gazette or publicly announce them on the website of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
CHAPTER III PROMOTION OF INFORMATION AND COMMUNICATIONS
Section 1 Creation of Foundations for Promotion of Information and Communications
Article 11 Deleted. <Dec. 8, 2020> |
Article 12 (Departments Related to Information and Communications and Enterprises in Which Interns Work) |
(1) | "Departments to information and communications prescribed by Presidential Decree" in Article 12 (1) of the Act means any of the following departments related to the field of convergence, etc. of information and communications technology: |
1. | Computer science and computer engineering; |
2. | Application software engineering; |
3. | Information and communications engineering; |
4. | Electrical engineering; |
5. | Electronic engineering; |
6. | Control and measurement engineering; |
7. | Semiconductor engineering and ceramic engineering; |
8. | Departments related to digital contents; |
9. | Departments related to internet services; |
10. | Departments related to the field of convergence, etc. of information and communications technology determined by the school regulations of universities, colleges, industrial colleges, teachers' colleges, junior colleges, cyber-colleges, technical colleges as defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act (hereinafter referred to as "universities"). |
(2) | "Small and medium enterprises, venture businesses, etc. prescribed by Presidential Decree" in Article 12 (1) of the Act means any of the following enterprises, institutions, or organizations (hereinafter referred to as "training business"): <Amended on Jul. 21, 2014> |
5. | Middle-standing enterprises under subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises; |
6. | Corporations or research institutes established under statutes; |
7. | Other institutions, enterprises, or organizations in Korea and abroad that are related to the fields of convergence, etc. of information and communications technology, which are prescribed by school regulations appropriate for the operation of a practical training semester system. |
Article 13 (Persons to Whom Credited Internship Program is Applicable) |
(1) | Persons to whom the credited internship program under Article 12 (1) of the Act (hereinafter referred to as the "internship system") is applicable are persons majoring, studying in a double major, or minoring in any of the departments referred to in the subparagraphs of Article 12 (1). |
(2) | Duties to which the internship system is applicable are duties related to any of the following fields: |
1. | Development and realization of software; |
2. | Design, development, and manufacturing of hardware; |
3. | Information and communications services; |
4. | Other duties related to the field of convergence, etc. of information and communications technology. |
Article 14 (Operation of and Support for Internship System) |
(1) | Where the Minister of Science and ICT formulates policy measures for the operation of and support for the internship system, he or she shall consult with the Minister of Education. <Amended on Jul. 26, 2017> |
(2) | The scope of support rendered to universities and training businesses that adopt the internship system under Article 12 (3) of the Act is as follows: |
1. | Operating expenses incurred in relation to education courses of the internship system in universities; |
2. | Expenses incurred in installing facilities and equipment, in employing personnel to be in exclusive charge and in subscribing industrial accident compensation insurance of training businesses; |
3. | Expenses incurred in relation to teaching materials and tools and materials for practical training, instructor fees related to the internship system of universities and training businesses, and all kinds of allowances; |
4. | Expenses incurred in fostering human resources for the internship system, such as personnel expenses for on-job trainees. |
(3) | For the swift operation of the internship system, the Minister of Science and ICT may request the heads of relevant central administrative agencies for cooperation so that universities or training businesses may receive support under paragraph (2). In such cases, the heads of relevant central administrative agencies shall proactively cooperate therewith unless there is a compelling reason not to do so. <Amended on Jul. 26, 2017> |
(4) | Deleted. <Dec. 30, 2016> |
Article 15 Deleted. <Dec. 30, 2016> |
Section 2 Promotion of New Technologies and Services for Information and Communications
Article 16 (Those Eligible to be Designated as Promising Technologies and Services) |
The Minister of Science and ICT may designate any of the following technologies, services (including digital contents; hereinafter the same shall apply), etc. as promising technologies, services, etc. (hereafter referred to as "promising technologies, services, etc." in this Article and Articles 17, 18, and 25) in accordance with Article 15 (1) of the Act, ex officio or upon application: <Amended on Jul. 26, 2017> 1. | Technologies, services, etc. deemed new, progressive and to have prospects for commercialization, which are technologies, services, etc. for convergence, etc. of information and communications technology developed in Korea; |
2. | Technologies, services, etc. deemed new, progressive and to have prospects for commercialization within Korea, which are technologies, services, etc. for convergence, etc. of information and communications technology imported from foreign countries and subsequently improved in Korea. |
Article 17 (Methods of Designating Promising Technologies and Services) |
(1) | A person who intends to have his or her technologies, services, etc. designated as promising technologies, services, etc. pursuant to Article 15 (1) of the Act shall submit a document in which following matters are included, to the Minister of Science and ICT: <Amended on Jul. 26, 2017> |
1. | Name of promising technologies, services, etc., and background of development; |
2. | Details (referring to the outline of promising technologies, services, etc., details of newness and progressiveness thereof and connectivity with other industries) and scope of promising technologies, services, etc.; |
3. | Name of the person who developed or improved the promising technologies, services, etc. (in cases of a corporation, referring to its name and the name of its representative); |
4. | Prospects for activating the convergence, etc. of information and communications technology in Korea and abroad, or of connecting with other industries; |
5. | Other matters deemed necessary for designation, such as the results of experiments of promising technologies and services. |
(2) | Where the Minister of Science and ICT receives an application for designation under paragraph (1), he or she shall decide on whether to designate technologies, services, etc. as promising technologies within 90 days and inform the applicant of the results. <Amended on Jul. 26, 2017> |
(3) | Where the Minister of Science and ICT intends to designate promising technologies, services, etc., he or she may hear the opinions of interested parties or inquire of relevant institutions, such as institutions, associations, and learned societies related to the promising technologies, services, etc. that he or she intends to designate, about their opinions. <Amended on Jul. 26, 2017; Jan. 15, 2019> |
(4) | Where the Minister of Science and ICT intends to hear the opinions of interested parties pursuant to paragraph (3), he or she shall publicly announce the main details of promising technologies, services, etc. that he or she intends to designate, in the Official Gazette and on the website of the Ministry of the Science and ICT. <Amended on Jul. 26, 2017> |
(5) | Where the Minister of Science and ICT has designated promising technologies, services, etc., he or she shall publicly announce such fact in the Official Gazette and on the website of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
(6) | Matters necessary for the detailed standards for examination, procedures, etc. for the designation of promising technologies, services, etc. except as otherwise prescribed in paragraphs (1) through (5) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
Article 18 (Support for Promising Technologies and Services) |
(1) | The Minister of Science and ICT may subsidize the following expenses for a person who obtains designation of promising technologies, services, etc. pursuant to Article 15 (1) of the Act: <Amended on Jul. 26, 2017> |
1. | Expenses incurred in manufacturing prototypes of promising technologies, services, etc.; |
2. | Expenses incurred in exporting promising technologies, services, etc. |
(2) | The Minister of Science and ICT may request a person in receipt of support under paragraph (1) to submit a report on the results of a project for which he or she receives support if deemed necessary. <Amended on Jul. 26, 2017> |
(3) | Matters necessary for procedures, etc. for providing support under paragraph (1) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
Article 19 (Requirements for Designation of Institutions Specialized in Standardization) |
(1) | Requirements for designation of institutions specialized in conducting projects for the standardization of technologies, services, etc. for convergence, etc. of information and communications technology under Article 16 (3) of the Act are as follows: |
1. | They shall be a nonprofit juristic person or organization; |
2. | They shall have human resources, structures, and systems to perform duties necessary for the promotion of standardization projects; |
3. | They shall have a track record of formulation, amendment, repeal, and dissemination of standards for convergence, etc. of information and communications technology; |
4. | They shall have a track record of specialized inspection, research, consultation, education, etc. related to the standardization of convergence, etc. of information and communications technology. |
(2) | Where the Minister of Science and ICT designates a specialized institution pursuant to Article 16 (3) of the Act, he or she shall publicly notify the contents thereof in the Official Gazette. <Amended on Jul. 26, 2017> |
(3) | A specialized institution designated pursuant to Article 16 (3) of the Act shall perform the following projects: |
1. | Survey of demand for standards related to technologies, services, etc. for convergence, etc. of information and communications technology; |
2. | Formulation, amendment, repeal, and dissemination of standards related to technologies, services, etc. for convergence, etc. of information and communications technology; |
3. | Collection, analysis, and dissemination of information and data on Korean and foreign standards related to technologies, services, etc. for convergence, etc. of information and communications technology; |
4. | Support for research on and development of standards related to technologies, services, etc. for convergence, etc. of information and communications technology; |
5. | Support for international standardization activities related to technologies, services, etc. for convergence, etc. of information and communications technology; |
6. | Planning, evaluation, management, and proliferation of standardization projects related to technologies, services, etc. for convergence, etc. of information and communications technology; |
7. | Confirmation of appropriateness, support for application, or full use of standards related to technologies, services, etc. for convergence, etc. of information and communications technology; |
8. | Enhancement of cooperation with industries, academic circles, or research institutions in standards related to technologies, services, etc. for convergence, etc. of information and communications technology; |
9. | Other matters necessary for the standardization of technologies, services, etc. for convergence, etc. of information and communications technology, such as publicity, education, training, and exhibition, of standards related to technologies, services, etc. for convergence, etc. of information and communications technology. |
Article 20 (Standards for Designation of Quality Certification Organizations) |
(1) | Standards for designating quality certification organizations of technologies, services, etc. for convergence, etc. of information and communications technology under Article 17 (3) of the Act (hereinafter referred to as "certification organization") are as specified in attached Table 1. <Amended on Dec. 30, 2016> |
(2) | Where the Minister of Science and ICT designates a certification organization, he or she shall publicly notify the contents thereof in the Official Gazette. <Amended on Jul. 26, 2017> |
Article 21 (Procedures for Quality Certification) |
(1) | A person who intends to obtain quality certification pursuant to Article 17 (2) of the Act shall file an application for quality certification with a certification organization as prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
(2) | A certification organization, in receipt of an application under paragraph (1), shall examine whether the applicant meets the quality standards under Article 17 (1) of the Act and grant certification if it determines that the applicant complies with quality standards. |
(3) | Where a certification organization grants quality certification pursuant to paragraph (2), it shall issue a certificate of quality to an applicant as prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
(4) | A certification organization may collect expenses incurred in granting certification, from a person who files an application for quality certification pursuant to paragraph (1). |
(5) | A person who obtains quality certification pursuant to paragraph (2) may attach a mark (hereinafter referred to as "certification mark") indicating certification has been obtained, to products, documents, etc. in which technologies, services, etc. for convergence, etc. of information and communications technology are realized. |
(6) | Except as provided in paragraphs (2) through (5), matters necessary for standards for examination of certification, certification expenses, indication of a certification mark, and so forth shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
Article 22 (Scope of Business of Guaranteeing Compensation for Damage Due to Quality Certification) |
The scope of the business of guaranteeing compensation for damage due to quality certification of technologies, services, etc. for convergence, etc. of information and communications technology under Article 17 (6) of the Act includes all or some of the following: 1. | Liability to perform a supply contract for technologies, services, etc. for which quality certification is obtained; |
2. | Indemnification liability for restoration, modification, suspension, etc. of technologies, services, etc. for which quality certification is obtained; |
3. | Liability to compensate for damage suffered by a third party due to technologies, services, etc. for which quality certification is obtained; |
4. | Other liabilities determined by a person who operates the business of guaranteeing compensation for damage, which are necessary to make technologies, services, etc. for which quality certification is obtained appropriate for the quality standards therefor. |
Article 23 (Revocation of Quality Certification) |
Where the Minister of Science and ICT revokes quality certification pursuant to Article 17 (5) of the Act, he or she shall publicly announce such fact in the Official Gazette or on the website of the Ministry of Science and ICT. <Amended on Jul. 26, 2017>
Article 24 (Methods of Support for Research and Development of Small and Medium Enterprises) |
(1) | "Above the ratio prescribed by Presidential Decree" in Article 18 (1) of the Act means a rate of at least 15/100, which is determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
(2) | Pursuant to Article 18 (2) of the Act, the Minister of Science and ICT may support the following matters for the vitalization of investment and finance in the intellectual property rights of small and medium enterprises and venture businesses: <Amended on Jul. 26, 2017> |
1. | Assessment of the value of intellectual property rights of small and medium enterprises and venture businesses; |
2. | The portion of research and development expenses incurred in relation to intellectual property rights, such as registering patent rights, where small and medium enterprises and venture businesses participate in a national research and development project; |
3. | Joint use by small and medium enterprises and venture businesses of research equipment owned by an institute conducting research, which is obtained through a national research and development project; |
4. | Other matters deemed necessary by the Minister of Science and ICT for the vitalization of investment in and financing the intellectual property rights of small and medium enterprises and venture businesses. |
(3) | Detailed matters necessary for support under paragraph (2) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
Article 25 (Support for Commercialization of Promising Technologies and Services) |
(1) | The scope of support necessary for the commercialization of promising technologies, services, etc. under Article 19 (1) of the Act shall be as follows: |
1. | Support for obtaining quality certification of technologies, services, etc. under Article 17 of the Act; |
2. | Support for resolving issues in the management of technologies, services, etc.; |
3. | Support for funds needed for research and development and commercialization; |
4. | Support for starting business and publicity. |
(2) | A period during which the commercialization of promising technologies, services, etc. under Article 19 (1) of the Act is supported shall be as follows: |
1. | Where promising technologies, services, etc. are to be developed: Within one year; |
2. | Where promising technologies, services, etc. are to be commercialized: Within three years. |
(3) | Notwithstanding paragraph (2), the Minister of Science and ICT may extend a period of support according to the following classifications, when deemed necessary, in consideration of the characteristics of promising technologies, services, etc.: <Amended on Jul. 26, 2017> |
1. | Cases falling under paragraph (2) 1: Within six months; |
2. | Cases falling under paragraph (2) 2: Within three years. |
(4) | The Minister of Science and ICT may request the heads of relevant administrative agencies or any of the following persons to render support under paragraph (1): <Amended on Jun. 25, 2014; Jul. 26, 2017; Apr. 2, 2019; May 12, 2020; Dec. 8, 2020; Jun. 28, 2022; Apr. 30, 2024> |
19. | Research institutes, which are juristic persons, in the field of convergence, etc. of information and communications technology established pursuant to the Civil Act or other statutes; |
20. | National and public research institutes; |
21. | Other institutions, organizations, or enterprises deemed necessary and publicly notified by the Minister of Science and ICT. |
(5) | Where the Minister of Science and ICT renders support under paragraph (1), he or she shall publicly announce a support plan. <Amended on Jul. 26, 2017> |
(6) | A person who intends to obtain support under paragraph (1) shall file an application with the Minister of Science and ICT, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
(7) | Except as provided in paragraphs (1) through (6), details necessary for support for the commercialization of technologies, services, etc. shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
Article 26 (Collection and Management of Price of Support for Commercialization) |
(1) | The price for commercialization under Article 19 (2) of the Act is an amount (hereinafter referred to as "price of commercialization") determined by the Minister of Science and ICT among an amount within the scope of 50/100 of the amount supported by the Minister of Science and ICT pursuant to Article 19 (1) of the Act, and an amount within the scope of 5/100 of the sales generated from the commercialization of technologies, services, etc. <Amended on Jul. 26, 2017> |
(2) | The Minister of Science and ICT may allow payment of the price of commercialization in installments, and grant reductions to a person who pays the price of commercialization in lump sum or pays a deposit in advance. <Amended on Jul. 26, 2017> |
(3) | Except as provided in paragraphs (1) and (2), details necessary for the collection, management, etc. of the price of commercialization shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
Section 3 Promotion of Digital Contents, Software, and Quantum Information and Communications Technology
Article 27 (Promotion of Digital Contents and Vitalization Projects) |
(1) | "Matters prescribed by Presidential Decree" in Article 21 (2) 6 of the Act means the following support: |
1. | Support for investment in and financing of digital contents; |
2. | Support for business start-ups in the field of digital contents; |
3. | Support for the standardization of digital contents and for the development of technologies; |
4. | Support for the vitalization of discovery, manufacture, and distribution of diverse digital contents through convergence with adjacent fields; |
5. | Support for the expansion of opportunities of using digital contents, and for the enhancement of safety in using digital contents; |
6. | Support for creation of the foundations for entry into foreign countries of digital contents, and for the marketing of digital contents; |
7. | Legal support for business activities related to digital contents and support for advice on management; |
8. | Other support necessary for the manufacture and promotion of use of diverse and sound digital contents. |
(2) | Persons eligible to be designated as an institution in exclusive charge of promotion and vitalization of digital contents under Article 21 (3) of the Act are as follows: <Amended on May 12, 2020> |
4. | The National IT Industry Promotion Agency; |
8. | Other corporations, institutions, or organizations related to broadcasting and communications industry, radio waves industry, and digital content industry. |
Article 28 (Inspection of Current State of Establishment of Order in Distribution of Digital Contents) |
(1) | Where the Minister of Science and ICT conducts a fact-finding survey of distribution channels, etc. of digital contents pursuant to Article 22 (2) of the Act, he or she shall include following: <Amended on Jul. 26, 2017> |
1. | Matters concerning the current state of market of digital contents and industrial environment; |
2. | Distribution channel and distribution structure concerning the planning, manufacture, sale, distribution and use of digital contents; |
3. | Apportionment of profits concerning the distribution of digital contents; |
4. | Matters concerning business practices and behaviors of digital content enterprisers; |
5. | Actual use of the standard form of contract for digital contents; |
6. | Market trend in Korea and abroad concerning the distribution of digital contents; |
7. | Other matters necessary for the improvement of distribution channel of digital contents, and for the creation of a fair distribution order. |
(2) | If necessary for a fact-finding survey conducted pursuant to Article 22 (2) of the Act, the Minister of Science and ICT may have public institutions, digital content enterprisers, or corporations, and organizations related to digital content industry submit relevant data or request them to state their opinions, etc. <Amended on Jul. 26, 2017> |
Article 29 Deleted. <Dec. 8, 2020> |
Article 30 (Support Structure for Research and Development of Software and Methods of Evaluation) |
(1) | The heads of relevant central administrative agencies may prepare a separate support structure for research on and development of software of the following kinds, as prescribed in Article 26 (1) of the Act: |
1. | Research and development to add innovative functions to already developed software technologies or products or to upgrade the performance; |
2. | Research and development conducted by multiple competitive research institutions for the same research task; |
3. | Research and development for which government subsidies commensurate with the results of evaluation are given, after a research and development task is completed; |
4. | Other types of research and development and methods of support deemed necessary by the heads of relevant central administrative agencies. |
(2) | Where the heads of relevant central administrative agencies determine the methods of evaluating research on and development of software pursuant to Article 26 (1) of the Act, they shall consider the following matters: |
1. | Challenging characteristics of the objectives of research and development and originality in the method of research and development; |
2. | Appropriateness of quality of software in consideration of the stages of research and development; |
3. | Innovativeness of outcomes of research and development and prospects for commercialization; |
4. | Other matters deemed necessary by the heads of relevant central administrative agencies to enhance the credibility of evaluation methods and results. |
(3) | The heads of relevant central administrative agencies may determine detailed matters concerning the support structure under paragraph (1) and evaluation methods under paragraph (2). In such cases, matters necessary for supporting actual research activities shall be reflected therein, considering that research on and development of software depend on intellectual and human factors. |
Article 30-2 (Designation of Institutions to Take Exclusive Charge) |
(1) | The Minister of Science and ICT may designate the following institutions or corporations as institutions to take exclusive charge pursuant to Article 27-2 (3) of the Act: |
5. | Other institutions or corporations the Minister of Science and ICT deems appropriate to efficiently promote projects provided in the subparagraphs of Article 27-2 (2) of the Act. |
(2) | Upon designating an institution to take exclusive charge under paragraph (1), the Minister of Science and ICT shall publicly notify such fact in the Official Gazette and publicly announce it on the Ministry's website. |
[This Article Newly Inserted on Jun. 10, 2021]
Article 30-3 (Designation of Quantum Industry Clusters) |
(1) | Where the head of a related central administrative agency is requested by the Minister of Science and ICT to consult on the designation of a quantum industry cluster (hereinafter referred to as "quantum industry cluster") under Article 27-4 (1) of the Act, he or she shall present his or her opinions within 20 days (hereafter referred to as "consultation period") after receiving such request. |
(2) | Notwithstanding paragraph (1), where it is impractical to make a reply within the consultation period, the head of the relevant central administrative agency shall notify the grounds therefor and reply deadline, and send his or her opinion by the notified reply deadline. |
(3) | Matters to be publicly notified by the Minister of Science and ICT in the Official Gazette and notified to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor pursuant to the former part of Article 27-4 (2) of the Act, shall be as follows: |
1. | The name, location, and area of the quantum industry cluster; |
2. | The objectives and date of designation of the quantum industry cluster; |
3. | A topographic map of the quantum industry cluster; |
4. | Other matters deemed as necessary to be publicly notified by the Minister of Science and ICT in connection with quantum industry clusters. |
[This Article Newly Inserted on Jun. 10, 2021]
Article 31 (Information on Current State of Contracts for Construction Projects of Information and Communications Equipment in Public Sector) |
(1) | "Information prescribed by Presidential Decree, such as the current state of contracts for information and communications equipment" in Article 28 (3) of the Act means the following information: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
1. | Name of an installation project of information and communications equipment and scale of the project; |
2. | Name of information and communications equipment product and name of a manufacturer; |
3. | Quantity and contract amount; |
4. | Contract date and name of the contractor; |
5. | Other information deemed necessary by the Minister of Science and ICT and the Minister of the Interior and Safety. |
(2) | The heads of central administrative agencies, local governments, and public institutions shall notify the Minister of Science and ICT and the Minister of the Interior and Safety of the information falling under paragraph (1) within two months after the close of each fiscal year. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
Article 32 (Submission of Forecast of Demand for Information and Communications Equipment) |
(1) | The heads of central administrative agencies, local governments, and public institutions shall submit information on demand for purchase of information and communications equipment by relevant agencies and institutions and a plan to promote projects to install information and communications equipment by a deadline set in accordance with the following classification to the Minister of Science and ICT and the Minister of the Interior and Safety, as prescribed in Article 29 (2) of the Act. In such cases, they may submit such matters through an institution specializing in the installation project of information and communications equipment and forecast of demand therefor (hereinafter referred to as "specialized institution") under Article 29 (4) of the Act: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
1. | Information on demand for purchase of information and communications equipment and a plan for the promotion of an installation project of information and communications equipment for the relevant year: March 31 of each year; |
2. | Information on demand for purchase of information and communications equipment and a plan for the promotion of an installation project of information and communications equipment for the following year: October 31 of each year. |
(2) | The Minister of Science and ICT and the Minister of the Interior and Safety shall announce information on demand for purchase of information and communications equipment and a plan to promote projects to install information and communications equipment received pursuant to paragraph (1) within 30 days from the date they receive such matters. In such cases, they may announce such matters through a specialized institution. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
(3) | Institutions eligible to be designated as a specialized institution shall be any of the following: <Amended on Nov. 19, 2014; Jul. 26, 2017; May 12, 2020> |
3. | The National IT Industry Promotion Agency; |
4. | Other institutions or organizations deemed by the Minister of Science and ICT and the Minister of the Interior and Safety, to have specialized personnel and dedicated teams necessary for implementing the installation project of information and communications equipment and forecasting demand. |
CHAPTER IV SUPPORT FOR VITALIZATION OF CONVERGENCE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
Section 1 Vitalization of Support for Venture Businesses and of Transactions of Technologies
Article 33 (Institutions Specialized in Start-up of Small and Medium Enterprises, Venture Businesses and in Projects for Entry into Foreign Markets) |
"Institutions and organizations prescribed by Presidential Decree" in Article 30 (2) of the Act means any the following institutions and organizations: <Amended on Jul. 26, 2017> 2. | Corporations established pursuant to Article 32 of the Civil Act, which are nonprofit corporation performing duties related to the convergence, etc. of information and communications technology; |
3. | Other institutions or organizations deemed by the Minister of Science and ICT and the Minister of Security and Public Affairs, to have specialized personnel and structure in exclusive charge, necessary for business start-ups and the performance of projects for entry into foreign markets. |
Article 34 (Organization and Operation of Global Council) |
(1) | Members of the global council (hereinafter referred to as "council") under Article 31 (3) of the Act shall be those commissioned by the Minister of Science and ICT from among persons with abundant specialized knowledge in the convergence, etc. of information and communications technology and experience therein. <Amended on Jul. 26, 2017> |
(2) | The head of the council shall be elected from among members of the council, whose term of office shall be two years. |
(3) | The council may be operated by country and region, and a meeting shall be held annually in principle; the head of the council may call a meeting, if necessary. |
(4) | The council shall consult on and coordinate the following activities: <Amended on Jul. 26, 2017> |
1. | Construction of networks of local specialists and support for connection among them; |
2. | Advice on projects for support for globalization concerning promotion of information and communications in Korea and abroad and convergence thereof; |
3. | Support for business start-ups in their activities in foreign countries, such as guidance and advice on entry into foreign countries and investment; |
4. | Support for other activities deemed necessary by the Minister of Science and ICT to support the start-up of small and medium enterprises, venture businesses, etc. related to the convergence, etc. of information and communications technology and for entry into foreign countries. |
Article 35 (Projects for Developing Technologies and Services for Convergence of Information and Communications Technology) |
(1) | Where necessary for promoting a project for developing technologies, services for convergence, etc. of information and communications technology under Article 32 (2) of the Act, the Minister of Science and ICT may request national agencies, local governments, public institutions, and other institutions, etc. that have participated in a national research and development project, or supporting or managing a national research and development project, to submit documents necessary for the promotion of such project. <Amended on Jul. 26, 2017> |
(2) | The Minister of Science and ICT may promote the following projects, as prescribed in Article 32 (2) 12 of the Act: <Amended on Jul. 26, 2017> |
1. | Projects concerning the calculation and settlement of project expenses incurred in relation to technologies and services for convergence, etc. of information and communications technology, and concerning technology fees, etc. therefor; |
2. | Projects concerning the result management, utilization, etc. of technologies and services for convergence, etc. of information and communications technology; |
3. | Projects concerning the security and ensuring, etc. of research ethics of technologies and services for convergence, etc. of information and communications technology; |
4. | Transactions of technologies and services for convergence, etc. of information and communications technology and commercialization thereof; |
5. | Other matters necessary for the development of technologies and services for convergence, etc. of information and communications technology. |
(3) | Where the heads of central administrative agencies and local governments intend to subsidize expenses incurred in implementing a project pursuant to Article 32 (4) of the Act, they shall conclude an agreement including the following matters, with an institution in exclusive charge of the project: |
1. | Scope and methods of a project and a person in charge of management; |
2. | The cost, and the timing and methods of the payment thereof; |
3. | Reporting on and utilizing the outcomes of projects implemented; |
4. | Amendment and rescission of the agreement and countermeasures for breach of the agreement; |
5. | Other matters necessary for the promotion of technologies for information and communications technology. |
(4) | Where the heads of central administrative agencies and local governments subsidize expenses incurred in implementing a project pursuant to Article 32 (4) of the Act, they may pay the expenses in installments or in lump sum, considering the scale of the projects, timing for starting the project, etc. |
(5) | Except as provided in paragraphs (2) and (3), detailed matters necessary for the operation of an institution in exclusive charge of a project, fulfillment of duties, and so forth shall be determined by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
Article 36 (Collection of Royalties) |
(1) | Royalties collected pursuant to Article 34 (1) of the Act shall be determined by the Minister of Science and ICT within the scope of government contributions used in projects for developing relevant technologies and services for convergence, etc. of information and communications technology. <Amended on Jul. 26, 2017> |
(2) | The Minister of Science and ICT may allow payment of royalties under paragraph (1) in installments, and he or she may grant reductions to a person who pays the fees in lump sum or pays part of the royalties in advance. <Amended on Jul. 26, 2017> |
(3) | Where the Minister of Science and ICT intends to use royalties pursuant to Article 34 (2) of the Act, he or she shall formulate a plan for the use of royalties. <Amended on Jul. 26, 2017> |
(4) | Except as provided in paragraphs (2) and (3), matters necessary for the collection, management, etc. of royalties shall be determined by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
Section 2 Vitalization of Convergence of Information and Communications Technology
Article 37 (Methods of Promoting Projects Encouraging Proliferation of Culture of Convergence of Information and Communications Technology) |
(1) | Pursuant to Article 35 (1) 1 of the Act, the Minister of Science and ICT may select exemplary public institutions and enterprises which have contributed to the convergence, etc. of information and communications technology each year. <Amended on Jul. 26, 2017> |
(2) | The Minister of Science and ICT shall actively publicize exemplary cases selected pursuant to paragraph (1) through mass media, such as newspapers, broadcasting, Internet portal sites, etc. <Amended on Jul. 26, 2017> |
(3) | The Minister of Science and ICT may award a prize to public institutions, enterprises, and individuals who have contributed to the convergence, etc. of information and communications technology (hereinafter referred to as "enterprises, etc. excelling in the convergence, etc. of information and communications technology") and are selected pursuant to paragraph (1). <Amended on Jul. 26, 2017> |
(4) | The Minister of Science and ICT may prepare measures on administrative and financial support for enterprises, etc. excelling in the convergence, etc. of information and communications after consultations with the heads of relevant administrative agencies. <Amended on Jul. 26, 2017> |
(5) | Except as provided in paragraphs (1) through (4), matters necessary for the selection of and support, etc. for enterprises, etc. excelling in the convergence, etc. of information and communications shall be determined by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
Article 38 (Education for Proliferation and Vitalization of Convergence, etc. of Information and Communications Technology and Holding Seminars) |
(1) | Where the Minister of Science and ICT intends to conduct education for the proliferation and vitalization of convergence, etc. of information and communications technology pursuant to Article 35 (1) 2 of the Act, he or she shall formulate an education plan and notify the heads of public institutions thereof. <Amended on Jul. 26, 2017> |
(2) | The heads of public institutions notified of an education plan under paragraph (1) shall cooperate therewith so that education is conducted according to the education plan. |
(3) | The Minister of Science and ICT may promote the following projects pursuant to Article 35 (1) 3 of the Act: <Amended on Jul. 26, 2017> |
1. | Preferential treatment, in selecting a person qualified for projects to be implemented by the Minister of Science and ICT, to enterprises, etc. excelling in the convergence, etc. of information and communications selected pursuant to Article 37 (1); |
2. | Exhibition and publicity of the results of promising technologies and services for convergence, etc. of information and communications technology of small and medium enterprises, venture businesses, etc. related to the convergence, etc. of information and communications technology; |
3. | Holding a presentation on exemplary cases of the vitalization and innovation of technologies and services for the convergence, etc. of information and communications technology; |
4. | Other projects necessary for the proliferation of culture of convergence, etc. of information and communications technology. |
Article 39 (Application for Prompt Handling of New Technologies and Services for Convergence of Information and Communications) |
(1) | A person who intends to apply for prompt handling of new technologies and services for the convergence, etc. of information and communications pursuant to Article 36 (1) of the Act shall submit an application for prompt handling prescribed by Ordinance of the Ministry of Science and ICT, along with instructions on new technologies and services for the convergence, etc. of information and communications, to the Minister of Science and ICT. <Amended on Jan. 15, 2019> |
(2) | Where it is deemed necessary to supplement the contents of application, the Minister of Science and ICT or the head of the relevant agency may require the contents to be supplemented within a reasonable period required for supplementing them. In such cases, the period required for the supplementation shall not be included in the period specified in Article 36 (3) of the Act. <Amended on Jan. 15, 2019> |
(3) | Notification under Article 36 (4) of the Act shall be made by notice of the results of prompt handling as prescribed by Ordinance of Science and ICT. <Amended on Jul. 26, 2017> |
Article 39-2 (Application for Blanket Handling and Others) |
(1) | A person who intends to apply for blanket handling pursuant to Article 36-2 (1) of the Act shall submit an application for blanket handling prescribed by Ordinance of the Ministry of Science and ICT, to the Minster of Science and ICT. |
(2) | The head of the relevant agency shall notify the Minster of Science and ICT and the applicant referred to in paragraph (1), of the commencement and period of examination in writing pursuant to Article 36-2 (3) of the Act. |
[This Article Newly Inserted on Jan. 15, 2019]
Article 40 (Procedures for Temporary Permission) |
(1) | A person who intends to apply for temporary permission pursuant to Article 37 (1) of the Act or the head of the relevant agency that intends to request temporary permission pursuant to Article 37 (2) of the Act shall submit an application for temporary permission prescribed by Ordinance of the Ministry of Science and ICT, along with the following documents, to the Minster of Science and ICT: <Amended on Jan. 15, 2019> |
1. | A business plan including the following: |
(a) | Title and details of the relevant new technology or service for the convergence, etc. of information and communications; |
(b) | Scope of business of the relevant new technology or service for the convergence, etc. of information and communications, as well as the method and schedule for conducting such business; |
2. | Materials stating that the relevant new technology or service for the convergence, etc. of information and communications falls under any subparagraph of Article 37 (1) of the Act; |
3. | Materials verifying the safety of the relevant new technology or service for the convergence, etc. of information and communications, as well as measures to protect its users; |
4. | Other materials requested by the Minster of Science and ICT, which are deemed necessary for granting temporary permission. |
(2) | Where it is deemed necessary to supplement the contents of application or request, the Minster of Science and ICT may require the contents to be supplemented within a reasonable period required for supplementing them. <Amended on Jan. 15, 2019> |
(3) | The Minister of Science and ICT may return an application for temporary permission, in any of the following cases: <Amended on Jan. 15, 2019> |
1. | Where the contents of application obviously do not fall under the subparagraphs of Article 37 (1) of the Act; |
2. | Where the relevant person fails to submit any document specified in the subparagraphs of paragraph (1) or to comply with a request for supplementation made under paragraph (2). |
(4) | The Minister of Science and ICT shall notify the head of the relevant agency, of the contents of an application filed under paragraph (1); and the head of the relevant agency notified thereof shall examine the contents and reply to the Minister of Science and ICT regarding the results of examination in writing within 30 days: Provided, That where the head of the relevant agency has requested an applicant for temporary permission to supplement the relevant application to examine its contents, the period spent to supplement it shall not be included in such period, but even in such cases, the head of the relevant agency shall reply to the Minister regarding the results of examination within 90 days. <Newly Inserted on Jan. 15, 2019> |
(5) | The Deliberative Committee shall deliberate and resolve on whether to grant temporary permission, considering the following matters: <Newly Inserted on Jan. 15, 2019> |
1. | Innovativeness of the relevant technology or service; |
2. | Impacts and effects on the relevant market and user convenience; |
3. | Safety of the relevant technology or service, as well as the appropriateness of measures to protect its users; |
4. | Financial and technological capabilities to provide the relevant technology or service; |
5. | Results of a test or inspection conducted under Article 37 (4) of the Act; |
6. | Any other matters the Chairperson of the Deliberative Committee deems necessary depending on the characteristics of the relevant technology or service. |
(6) | Where the Minister of Science and ICT grants temporary permission under Article 37 (3) of the Act, he or she shall issue a temporary permit, including the following matters, and shall publicly announce such fact in the Official Gazette or on the relevant website: <Amended on Jul. 26, 2017; Jan. 15, 2019> |
1. | Permission number and a year, month, and date of permission; |
2. | Trade name or title and the name of a representative; |
3. | Principal place of business; |
4. | Title of the relevant technology and service; |
5. | Major details of the relevant technology and service; |
7. | Conditions for permission. |
(7) | Applicants shall bear expenses incurred in administering a test and an inspection under Article 37 (4) of the Act. <Amended on Jan. 15, 2019> |
(8) | Except as provided in paragraphs (1) through (7), matters necessary for the detailed standards, procedures, methods, etc. of temporary permission shall be determined by the Minister of Science and ICT. <Amended on Jul. 26, 2017; Jan. 15, 2019> |
Article 41 (Term of Validity of Temporary Permission and Others) |
(1) | The term of validity of temporary permission under Article 37 (5) of the Act shall be two years: Provided, That where the Minister of Science and ICT deems it necessary, such term may be shortened. <Amended on Jul. 26, 2017; Jan. 15, 2019> |
(2) | A person who intends to apply for an extension of the term of validity under the proviso of Article 37 (5) of the Act shall submit an application for the extension of the term of validity of temporary permission in the form prescribed by Ordinance of the Ministry of Science and ICT, together with the following documents, to the Minister of Science and ICT: <Amended on Jul. 26, 2017; Jan. 15, 2019> |
1. | Materials on the status of use of the relevant new technology or service for the convergence, etc. of information and communications, as well as on performance thereof; |
2. | Deleted; <Jan. 15, 2019> |
3. | Deleted; <Jan. 15, 2019> |
4. | A copy of a temporary permit. |
(3) | Upon completion of the improvement of relevant statutes and regulations under Article 37 (6) of the Act, the head of the relevant agency shall notify the Minister of Science and ICT of such fact without delay. <Newly Inserted on Jan. 15, 2019> |
(4) | Upon receipt of notice under paragraph (3), the Minister of Science and ICT shall notify a person who has obtained temporary permission of the improvement of relevant statutes and regulations. <Newly Inserted on Jan. 15, 2019> |
Article 42 (Purchase of Liability Insurance Following Temporary Permission and Others) |
(1) | A person who has obtained temporary permission shall submit to the Minister of Science and ICT materials verifying that he or she has purchased liability insurance, etc. under the main clause of Article 37 (9) of the Act and ICT, before he or she begins providing new technologies and services for the convergence, etc. of information and communications. |
(2) | The expiry date of the insurance period for liability insurance, etc. referred to in paragraph (1) shall come after the expiry date of temporary permission; and where the term of validity is extended under the proviso of Article 37 (5) of the Act, the liability insurance, etc. shall be renewed. In such cases, a copy of a certificate of the renewed liability insurance policy, etc. shall be submitted to the Minister of Science and ICT within 30 days from the date of renewal. |
(3) | The insured amounts of liability insurance, etc. a person who has obtained temporary permission must purchase pursuant to Article 37 (9) of the Act shall satisfy the following standards: Provided, That the insured amount to be paid shall not exceed the amount of damage incurred, except for the proviso of subparagraph 1: |
1. | Where a person dies: 150 million won per person: Provided, That where the amount of damage incurred is less than 20 million won, the amount of damage shall be deemed 20 million won; |
2. | In cases of an injury, 30 million won per person; |
3. | Where a person has received medical treatment regarding injury, but cannot expect further response to medical treatment and has a physical disability caused by such injury under permanent symptoms (hereinafter referred to as "chronic disability"): 150 million won per person; |
4. | Where property is damaged or destroyed: 1 billion won per accident. |
(4) | Where a person falls under at least two of paragraph (3) 1 through 3 due to one accident, the insured amount shall be paid within the amount of damage incurred according to the following classifications: |
1. | Where an injured person dies from the relevant injury during treatment: Sum of the amount specified in paragraph (3) 1 and the amount specified in paragraph (3) 2; |
2. | Where an injured person has a chronic disability because of the relevant injury: Sum of the amount specified in paragraph (3) 2 and the amount specified in paragraph (3) 3; |
3. | Where a person dies from the relevant injury after he or she is paid the amount specified in paragraph (3) 3: Amount calculated by subtracting part of the amount of damage paid under paragraph (3) 3, which is payable for the period after the date he or she dies, from the amount specified in paragraph (3) 1. |
(6) | Except as provided in paragraphs (3) and (4), standards for liability insurance, etc. for damage shall be determined by the Minister of Science and ICT. |
[This Article Wholly Amended on Jan. 15, 2019]
Article 42-2 (Standards for Compensating for Damage Where It Is Impracticable to Purchase Liability Insurance and Others) |
(1) | Where a person who has obtained temporary permission is unable to purchase liability insurance, etc., he or she shall submit the following materials to the Minister of Science and ICT under the proviso of Article 37 (9) of the Act, and shall formulate compensatory measures through consultation with the Minister of Science and ICT before providing new technologies and services for the convergence, etc. of information and communications; |
1. | A written statement of the reason why the person is unable to purchase liability insurance, etc.; |
2. | A compensation plan for users, including the standards, method, and procedures for compensating for damage where users sustain any damage. |
(2) | The amount of compensation under the compensation plan for users referred to in paragraph (1) shall be similar to the amounts specified in Article 42 (3) and (4). |
[This Article Newly Inserted on Jan. 15, 2019]
Article 42-3 (Procedures for Compensating for Damage Following Temporary Permission) |
(1) | A person who intends to apply for compensation under liability insurance, etc. referred to in Article 37 (9) of the Act or compensatory measures (hereinafter referred to as "applicant") shall submit an application stating the following matters to the relevant person who has obtained temporary permission: |
1. | Name and address of the applicant; |
2. | Relationship between the applicant and the dead (limited to where a victim has died); |
3. | Details of an accident, such as the date, time, and place of the accident; |
4. | Amount subject to application and the standards for calculating the amount. |
(2) | A person who has received an application for compensation under paragraph (1) shall inform the applicant of the fact that the person has purchased liability insurance, etc. or of the compensation plan for users referred to in Article 42-2 (1) without delay. |
(3) | A person who has not purchased liability insurance, etc., among persons who have received applications for compensation under paragraph (1), shall compensate for damage under the compensation plan for users referred to in Article 42-2 (1) within 30 days after receipt of the application under paragraph (1). |
(4) | Where a person who has obtained temporary permission refuses to compensate for damage under the proviso of Article 37 (8) of the Act, he or she shall notify the applicant of such fact in writing expressly specifying the ground for the refusal. |
(5) | A person who has received an application for compensation under paragraph (1) shall report to the Minister of Science and ICT on the receipt thereof without delay, and report to the Minister on the result thereof within 15 days from the date the person compensates for damage (including the date the person refuses to compensate for damage pursuant to paragraph (4)). |
(6) | Except as provided in paragraphs (1) through (5), matters necessary for compensation shall be determined by the Minister of Science and ICT. |
[This Article Newly Inserted on Jan. 15, 2019]
Article 42-4 (Application for Regulatory Exceptions for Demonstration and Others) |
(1) | A person who intends to apply for a regulatory exception for limited tests or technical verifications (hereinafter referred to as "demonstration") pursuant to Article 38-2 (1) of the Act shall submit an application for a regulatory exception prescribed by Ordinance of the Ministry of Science and ICT, along with the following documents, to the Minister of Science and ICT: |
1. | A plan for a regulatory exception for demonstration (hereinafter referred to as "plan for demonstration"), including the following: |
(a) | Title and details of the relevant new technology or service for the convergence, etc. of information and communications; |
(b) | Scope of business of the relevant new technology or service for the convergence, etc. of information and communications, as well as the method and schedule for conducting such business; |
(c) | Applicant's financial and technological capabilities regarding demonstration of the relevant new technology or service for the convergence, etc. of information and communications; |
(d) | Details and period of a regulatory exception necessary for providing a demonstration of the relevant new technology or service for the convergence, etc. of information and communications, as well as relevant statutes and regulations; |
2. | Materials stating that the relevant new technology or service for the convergence, etc. of information and communications falls under any subparagraph of Article 38-2 (1) of the Act; |
3. | Measures to protect users of the relevant new technology or service for the convergence, etc. of information and communications; |
4. | Any other materials requested by the Minister of Science and ICT, which are deemed necessary for a regulatory exception for demonstration. |
(2) | Where the Minister of Science and ICT deems it necessary to supplement the contents of application, he or she may require the contents to be supplemented within a reasonable period required for supplementing them. |
(3) | The Minister of Science and ICT may return an application for a regulatory exception for demonstration, in any of the following cases: |
1. | Where the contents of application obviously do not fall under the subparagraphs of Article 38-2 (1) of the Act; |
2. | Where the relevant person fails to submit any document specified in the subparagraphs of paragraph (1) or to comply with a request for supplementation made under paragraph (2). |
(4) | Detailed examination criteria for regulatory exceptions for demonstration referred to in Article 38-2 (8) of the Act shall be as follows: |
1. | Specificity of the scope (scope of the area, number of users, etc.) and method of providing a demonstration of a new technology or service for the convergence, etc. of information and communications; |
2. | Financial and technological capabilities to provide a demonstration of a new technology or service for the convergence, etc. of information and communications; |
3. | Any other matters the Chairperson of the Deliberative Committee deems necessary depending on the characteristics of demonstration of the relevant technology or service. |
(5) | Where the Minister of Science and ICT grants a regulatory exception for demonstration pursuant to Article 38-2 (3) of the Act, he or she shall issue a certificate of granting which states the following matters, and publicly announce such fact in the Official Gazette or on the relevant website: |
1. | Number and date of granting; |
2. | Trade name (title) and the representative's name; |
3. | Principal place of business; |
4. | Title of the relevant technology or service; |
5. | Major details of the relevant technology or service; |
7. | Conditions for granting. |
(6) | Except as provided in paragraphs (1) through (5), matters necessary for applications for regulatory exceptions for demonstration, notification thereof, detailed examination criteria therefor, etc. may be determined and publicly notified by the Minister of Science and ICT. |
[This Article Newly Inserted on Jan. 15, 2019]
Article 42-5 (Term of Validity of Regulatory Exception for Demonstration) |
The term of validity of a regulatory exception for demonstration referred to in Article 38-2 (4) of the Act shall be up to two years in consideration of the period and details of application. [This Article Wholly Amended on Dec. 6, 2022]
Article 42-6 (Management and Supervision of Regulatory Exceptions for Demonstration) |
(1) | The Minister of Science and ICT and the head of the relevant agency may supervise the following matters pursuant to Article 38-3 (1) of the Act: |
1. | Whether the relevant plan for demonstration is implemented; |
2. | Whether the conditions for granting of a regulatory exception for demonstration are met. |
(2) | The head of the relevant agency shall notify the Minister of Science and ICT, without delay, that the improvement of relevant statutes or regulations under Article 38-3 (4) of the Act is commenced and completed. |
[This Article Wholly Amended on Dec. 6, 2022]
Article 42-7 (Extension of Validity of Regulatory Exceptions for Demonstration) |
(1) | A person who seeks to obtain an extension of the term of validity of a regulatory exception for demonstration under Article 38-5 (1) and (2) of the Act shall submit an application for the extension of the term of validity of a regulatory exception for demonstration in the form prescribed by Ordinance of the Ministry of Science and ICT, along with the following documents, to the Minister of Science and ICT: |
1. | A copy of the certificate of granting referred to in Article 42-4 (5); |
2. | The status of the implementation of the plan for demonstration; |
3. | A written statement of the grounds for extending the validity of the regulatory exception for demonstration; |
4. | Whether any safety-related accident has occurred and any damage, etc. has been compensated for, in relation to the relevant technology or service for the convergence, etc. of information and communications; |
5. | A plan to extend the period of liability insurance or to revise compensation for damage; |
6. | Any other matters deemed by the Minister of Science and ICT to be necessary for extending the regulatory exception for demonstration. |
(2) | Where the Minister of Science and ICT extends the term of validity of a regulatory exception for demonstration pursuant to Article 38-5 (1) of the Act, the Minister shall issue a written confirmation of the extension of the validity of the regulatory exception for demonstration in the form prescribed by Ordinance of the Ministry of Science and ICT to the applicant under paragraph (1). |
(3) | A person who intends to request improvement of relevant statutes or regulations related to a regulatory exception pursuant to Article 38-5 (3) of the Act (hereafter in this Article referred to as "person requesting improvement of relevant statutes or regulations") shall submit a written request for improvement of relevant statutes or regulations in the form prescribed by Ordinance of the Ministry of Science and ICT, along with the following documents, to the Minister of Science and ICT and the head of the relevant agency: |
1. | Documents regarding the application of such regulatory exception and the results of business, which include the following: |
(a) | Whether the person has met the conditions for granting of the regulatory exception for demonstration attached under the latter part of Article 38-2 (3) of the Act (applicable only to where conditions are attached); |
(b) | The status of the implementation of the plan for demonstration; |
(c) | Whether any safety-related accident has occurred and any damage, etc. has been compensated for, in relation to the new technology or service for the convergence, etc. of information and communications; |
(d) | Any other data the Minister of Science and ICT deems necessary to determine whether such improvement of relevant statutes or regulations are needed and which direction such arrangements are headed; |
2. | A plan to extend the period of liability insurance or a plan to revise compensation for damage (applicable only to where it is intended to continue to engage in business for demonstration during the period in which the term of validity of the regulatory exception is deemed not to expire pursuant to Article 38-5 (7) of the Act). |
(4) | Where the Minister of Science and ICT or the head of the relevant agency deems it necessary to supplement the request for legislative arrangements submitted under paragraph (3), he or she may request the person requesting improvement of relevant statutes or regulations to submit additional data. |
(5) | Where the document required under paragraph (3) 2 is attached to the request for improvement of relevant statutes or regulations submitted under that paragraph, the Minister of Science and ICT shall state to the effect in any of the following documents that the term of validity of the regulatory exception is deemed not to expire until the end of the period under paragraph (11) and shall issue it to the person requesting improvement of relevant statutes or regulations: |
1. | The certificate of granting referred to in Article 42-4 (5); |
2. | A written confirmation of the extension of the validity of the regulatory exception for demonstration. |
(6) | Where the head of the relevant agency reviews whether arrangements are necessary pursuant to Article 38-5 (4) of the Act, he or she shall comprehensively consider the following: |
1. | The level of users’ benefits derived from demonstration of the relevant technology or service for the convergence, etc. of information and communications; |
2. | Whether any safety-related accident has occurred and any damage, etc., has been incurred, in relation to the relevant new technology or service for the convergence, etc. of information and communications; |
3. | Industrial ripple effects and expected effects of the launch of the relevant new technology or service for the convergence, etc. of information and communications; |
4. | Other matters deemed necessary by the head of the relevant agency to review whether improvement of relevant statutes or regulations is needed. |
(7) | Where the Minister of Science and ICT requests the Regulatory Reform Committee to make regulatory revision or submits his or her opinion pursuant to Article 38-5 (5) of the Act, the head of the relevant agency shall immediately give a report to the Deliberative Committee on the results of processing submitted to the Regulatory Reform Committee pursuant to Article 14 (2) of the Framework Act on Administrative Regulation which applies mutatis mutandis pursuant to Article 18 (2) of that Act. |
(8) | The Minister of Science and ICT shall prepare a notice of determination on improvement of relevant statutes or regulations in the form prescribed by Ordinance of the Ministry of Science and ICT, informing the results that the head of the relevant agency has reported to the Deliberative Committee pursuant to Article 38-5 (4) of the Act and paragraph (7) of this Article and shall notify such notice to the person requesting improvement of relevant statutes or regulations; in such cases, the notice shall include the following: |
1. | Whether improvement of relevant statutes or regulations is needed; |
2. | Whether to be subject to application for temporary permission under Article 37 of the Act; |
3. | The date of expiration of the period, until the end of which the term of validity of the regulatory exception is deemed not to expire pursuant to Article 38-5 (7) of the Act (excluding cases subject to application for temporary permission pursuant to subparagraph 2). |
(9) | Where a person requesting improvement of relevant statutes or regulations is notified that the relevant new technology or service for the convergence, etc. of information and communications is subject to application for temporary permission under paragraph (8), such person may file an application for temporary permission with the Minister of Science and ICT pursuant to Article 37 of the Act by no later than the following dates, whichever comes later: |
1. | The date three months have passed since the date of receipt of notice of determination on improvement of relevant statutes or regulations under paragraph (8); |
2. | The expiration date of the term of validity under Article 42-5 (if the term of validity is extended pursuant to Article 38-5 (1) of the Act, referring to the extended term of validity). |
(10) | Where a person requesting the improvement of relevantstatutes or regulations applies for temporary permission pursuant to paragraph (9), the Minister of Science and ICT may exempt the person from the submission of all or part of documents required to be attached to an application for temporary permission pursuant to Article 40 (1), considering whether any of such documents overlaps with those submitted when applying for a regulatory exception for demonstration pursuant to Article 42-4 (1). |
(11) | The period necessary for the procedures prescribed in paragraphs (4) through (6) of Article 38-5 of the Act, until the expiration of which the term of validity of a regulatory exception for demonstration is deemed not to expire pursuant to Article 38-5 (7) of the Act, shall be the period from the date the request for improvement of relevant statutes or regulations is made pursuant to paragraph (3) to the following relevant date: |
1. | Where it is determined that improvement of relevant statutes or regulations is unnecessary: The date of expiration under paragraph (8) 3 or the date of receipt of a notice of determination on legislative arrangements, whichever comes later; |
2. | Where it is determined that improvement of relevant statutes or regulations are necessary: The following relevant date: |
(a) | Where not subject to application for temporary permission: The date of expiration under paragraph (8) 3 or the date of receipt of a notice of determination on improvement of relevant statutes or regulations, whichever comes later; |
(b) | Where subject to application for temporary permission: The following relevant date: |
(i) | Where no application for temporary permission is filed: The date the period of application for temporary permission expires as prescribed in paragraph (9); |
(ii) | Where an application for temporary permission is filed: The date a notice of determination on temporary permission is received. |
(12) | Where the head of the relevant agency commences improvement of relevant statutes or regulations pursuant to Article 38-5 (4) of the Act (including where the head of the relevant agency commences improvement of relevant statutes or regulations, after review by the Regulatory Reform Committee under Article 38-5 (5) of the Act), and where the necessary improvement of relevant statutes or regulations as notified under paragraph (8) are completed, he or she shall immediately notify the Minister of Science and ICT and the Minister of Government Legislation of such fact. |
(13) | Where the Minister of Science and ICT is notified that legislative arrangements have been completed under paragraph (12), the Minister shall immediately notify the person requesting improvement of relevant statutes or regulations the details thereof. |
(14) | Paragraphs (3) 1 and (4) shall apply mutatis mutandis to the submission or supplementation of the application of a regulatory exception and the results of business pursuant to the former part of Article 38-5 (9) of the Act. |
[This Article Newly Inserted on Dec. 6, 2022]
[Previous Article 42-7 moved to Article 42-8 <Dec. 6, 2022>]
Article 42-8 (Assistance in Temporary Permission and Regulatory Exceptions for Demonstration) |
(1) | The Minister of Science and ICT may require the National IT Industry Promotion Agency, the Korea Chamber of Commerce and Industry established under the Chambers of Commerce and Industry Act (hereinafter referred to as the "Korea Chamber of Commerce and Industry"), and specialized institutions or organizations related to the convergence, etc. of information and communications that are designated by the Minister of Science and ICT to perform the following duties: <Amended on May 12, 2020; Dec. 16, 2022> |
1. | Assisting in the affairs of the Deliberative Committee and pre-examination committees; |
2. | Assisting in the duties of management and supervision under Article 38-3 (1) of the Act; |
3. | Deleted; <Dec. 6, 2022> |
4. | Assisting in the examination of applications for extension of the term of validity of regulatory exception for demonstration and attached documents submitted under Article 42-7 (1); |
5. | Assisting in the examination of requests for improvement of relevant statutes or regulations and attached documents submitted under Article 42-7 (3); |
6. | Any other duties the Minister of Science and ICT deems necessary to seamlessly conduct duties relating to regulatory exceptions for demonstration and to temporary permission. |
(2) | Where the Minister of Science and ICT requires the performance of duties under paragraph (1), he or she shall post the performing institutions and the performance of the duties on the Ministry's website or in the Official Gazette. <Newly Inserted on May 12, 2020> |
(3) | The Minister of Science and ICT may fully or partially subsidize expenses costs in performing the duties specified in paragraph (1). <Amended on May 12, 2020> |
[This Article Newly Inserted on Jan. 15, 2019]
[Moved from Article 42-7 <Dec. 6, 2022>]
Article 43 (Entrustment of Duties) |
(1) | Pursuant to Article 41 (2) of the Act, the Minister of Science and ICT may entrust specialized institutions and organizations related to the convergence, etc. of information and communications technology with the following duties: <Amended on Jul. 26, 2017> |
1. | Duties concerning support for universities or training businesses adopting the internship system under Article 12 (3) of the Act; |
2. | Duties concerning making requests for data to universities or training enterprises operating the internship system under Article 14 (4); |
3. | Duties concerning making requests to universities or training enterprises adopting the internship system under Article 15 (2) and (3), and concerning inspection and analysis thereof; |
4. | Duties of support for intellectual property rights of small and medium enterprises under Article 24 (2). |
(2) | Deleted. <May 12, 2020> |
(3) | The Minister of Science and ICT may entrust the following duties to the National IT Industry Promotion Agency, the Korea Chamber of Commerce and Industry, or relevant specialized institutions or organizations designated by the Minister of Science and ICT pursuant to Article 41 (2) of the Act: <Newly Inserted on Jan. 15, 2019; May 12, 2020; Dec. 6, 2022> |
1. | Receipt of applications for prompt handling, as well as notification of the results thereof under Article 36 (1) and (4) of the Act; |
2. | Receipt of applications for blanket handling under Article 36-2 (1) of the Act; |
3. | Receipt of applications and requests for temporary permission under Article 37 (1) and (2) of the Act, as well as receipt of applications for the extension under the proviso of Article 37 (5); |
4. | Receipt of applications for regulatory exceptions for demonstration under Article 38-2 (1) of the Act; |
5. | Receipt of applications for extension of the term of validity of regulatory exceptions for demonstration under Article 38-5 (2) of the Act; |
6. | Receipt of requests for improvements of statutes or regulations under Article 38-5 (3) of the Act; |
7. | Receipt of documents regarding the application of regulatory exceptions for demonstration and the results of business under the former part of Article 38-5 (9) of the Act and Article 42-7 (14) of this Decree; |
8. | Receipt of additional data prescribed in Article 42-7 (4) (including cases where that paragraph applies mutatis mutandis in paragraph (14) of that Article). |
(4) | Where the Minister of Science and ICT entrusts duties pursuant to paragraphs (1) and (3), the Minister shall publish the institutions entrusted with duties and entrusted duties on the Ministry's website or in the Official Gazette. <Newly Inserted on May 12, 2020> |
Article 43-2 (Re-Examination of Regulation) |
The Minister of Science and ICT shall examine the appropriateness of the following matters every three years from each base date specified in the following subparagraphs (referring to the period that ends on the date immediately before every 3rd anniversary of the base date) and take measures for improvement, etc.: <Amended on Dec. 30, 2016; Jul. 26, 2017; Jan. 15, 2019>
1. | Deleted; <Dec. 30, 2016> |
2. | Deleted; <Dec. 30, 2016> |
3. | Standards for designation of certification organizations under Article 20 (1): January 1, 2017; |
4. | Deleted; <Dec. 30, 2016> |
5. | Purchase of liability insurance, etc. following temporary permission under Article 42, as well as the standards, etc. for compensating for damage when it is impracticable to purchase liability insurance, etc. as prescribed in Article 42-2: January 1, 2019; |
6. | Deleted. <Jan. 15, 2019> |
[This Article Newly Inserted on Dec. 9, 2014]
CHAPTER V PENALTY PROVISIONS
Article 44 (Criteria for Imposition of Administrative Fines) |
The criteria for imposition of administrative fines under Article 46 (1) of the Act shall be as listed in attached Table 2.
ADDENDUM <Presidential Decree No. 25156, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on June 29, 2014.
ADDENDA <Presidential Decree No. 25495, Jul. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 22, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 5 of the Addenda, the amended provisions of the Presidential Decrees, which were promulgated before this Presidential Decree enters into force but the dates on which they are to enter into force have not arrived, shall enter into force on the date each relevant Presidential Decree enters into force.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 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. 29483, Jan. 15, 2019>
This Decree shall enter into force on January 17, 2019.
ADDENDA <Presidential Decree No. 29677, Apr. 2, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30667, May 12, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31220, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
ADDENDA <Presidential Decree No. 31221, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 31764, Jun. 10, 2021>
This Decree shall enter into force on June 10, 2021.
ADDENDA <Presidential Decree No. 32169, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32733, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2022.
ADDENDA <Presidential Decree No. 33015, Dec. 6, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 11, 2022.
Article 2 (Transitional Measures concerning Application for Extension of Term of Validity of Regulatory Exception for Demonstration)
Notwithstanding the amended provisions of Article 42-7 (1), the previous provisions thereof shall apply to the attached documents submitted by a person who has applied for extension of the term of validity of a regulatory exception for demonstration pursuant to the previous provisions of Article 42-5 (2) before this Decree enters into force. Article 3 (Transitional Measures concerning Submission of Application of Regulatory Exceptions and Results of Business)
Where a report on the results has been submitted under the previous provisions of Article 42-6 (2) as at the time this Decree enters into force, the application of a regulatory exception and the results of business are deemed submitted under the amended provisions of Article 42-7 (14).
ADDENDA <Presidential Decree No. 34468, Apr. 23, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)