SPECIAL ACT ON INFORMATION AND COMMUNICATIONS PROMOTION AND CONVERGENCE ACTIVATION
Act No. 12032, Aug. 13, 2013
Amended by Act No. 13016, Jan. 20, 2015
Act No. 14839, Jul. 26, 2017
Act No. 15786, Oct. 16, 2018
Act No. 17348, Jun. 9, 2020
Act No. 17347, Jun. 9, 2020
Act No. 17356, Jun. 9, 2020
Act No. 17344, Jun. 9, 2020
Act No. 18202, Jun. 8, 2021
Act No. 18482, Oct. 19, 2021
Act No. 18872, Jun. 10, 2022
Act No. 19240, Mar. 21, 2023
Act No. 20071, Jan. 23, 2024
Act No. 20352, Feb. 27, 2024
Act No. 20482, Oct. 22, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to improving the quality of life of the people through the elevation of international competitiveness of information and communications and through the promotion of continuous development of national economy by promoting information and communications technology and by prescribing a system to promote policies for the vitalization of convergence of information and communications technology, rationalization of restrictions, fostering of human resources, development of venture businesses, support of research and development, etc.
| (1) | The terms used in this Act are defined as follows: <Amended on Jun. 9, 2020; Jan. 9, 2024> |
| 1. | The term "Information and Communications" means a series of activities and means, including devices, technologies, services, and industries, related to the collection, processing, storage, handling, retrieval, transmission, and reception of information, or the provision of services thereof, using or leveraging telecommunications equipment and facilities defined in subparagraph 2 of Article 2 of the Telecommunications Business Act, computers, etc., which include following: |
| (a) | Information and communications services defined in subparagraph 2 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; |
| (b) | Broadcast communications services defined in subparagraph 5 of Article 2 of the Framework Act on Broadcasting Communications Development; |
| (c) | Information and communications technology industry defined in subparagraph 2 of Article 2 of the Information and Communications Technology Industry Promotion Act; |
| (d) | Technology, services, and industries related to the production, distribution, etc. of digital content defined in subparagraph 5 of Article 2 of the Framework Act on the Promotion of Cultural Industries; |
| (e) | Technologies that enable quantum cryptography and communications based on quantum mechanical effects, quantum sensors and devices, quantum computing, etc. (hereinafter referred to as "quantum information and communications technology"); |
| 2. | The term "Information and Communications convergence" means the creative and innovative activities and phenomena that create new social and market values through the combination or integration of technologies or services either within Information and Communications themselves or between Information and Communications and other industries; |
| 3. | The term "small and medium enterprises" means small and medium enterprises defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises; |
| 4. | The term "venture business" means a venture business defined in Article 2 (1) of the Special Act on the Promotion of Venture Businesses or a self-employed creative business defined in Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises; |
| 5. | The term "commercialization" means a series of processes which lead to business activities such as selling, distributing, and providing technologies, products, and services developed, manufactured, or produced using information and communication-related research or technology for profit; or which form a group or organization that engages in business activities; |
| 6. | The term "software" means software defined in subparagraph 1 of Article 2 of the Software Promotion Act; |
| 7. | The term "digital content" means digital content defined in subparagraph 5 of Article 2 of the Framework Act on the Promotion of Cultural Industries; |
| 8. | The term "digital content business operator" means a person that engages in economic activities such as production, replication, transmission, and distribution of digital content for profit; |
| 9. | The term "information and communications equipment" means information and communications-related devices, machinery, tools, parts and cables and other necessary facilities; |
| 10. | The term "public institutions" means the following institutions: |
| (a) | Corporations, organizations, or institutions under Article 4 of the Act on the Management of Public Institutions; |
| (b) | Local government-invested or -funded public corporations under the Local Public Enterprises Act; |
| (c) | Special corporations established under special Acts; |
| (d) | Other corporations, organizations, or institutions prescribed by Presidential Decree. |
| (2) | Except as provided in paragraph (1), the definitions of the terms used in this Act shall be as prescribed by other statutes, including the Framework Act on Broadcasting Communications Development, the Framework Act on Telecommunications, the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Information and Communications Technology Industry Promotion Act, and the Internet Multimedia Broadcast Services Act. |
| Article 3 (Basic principles) |
| (1) | The State and each local government shall endeavor to create an environment that enables open and reasonable use of information and communications technology and to achieve sound and sustainable development of an information and communications technology ecosystem. |
| (2) | The State and each local government shall endeavor to respect the creativity of the private sector and make the formation of market-oriented opinions possible. |
| (3) | The State and each local government shall make an effort for collaborative cooperation among large enterprises, small and medium enterprises, and venture businesses relating to information and communications technology and the harmonious development thereof. |
| (4) | The State and each local government shall actively support the advance of the industry of information and communications technology into overseas markets, and shall ensure that discrimination between domestic and foreign enterprisers does not occur in enacting or amending statutes or regulations or in formulating policies. <Amended on Jun. 9, 2020> |
| (5) | The State and each local government shall endeavor to minimize regulation hindering the promotion and activation of information and communications and information and communications convergence (hereinafter referred to as "IC and IC convergence") technologies, services, etc. |
| (6) | The State and each local government shall endeavor to apply the same regulation to any services deemed the same in comprehensive consideration of the characteristics of information and communications technology, users' behavior in the use of service, and so forth. |
| (7) | Deleted. <Oct. 16, 2018> |
| Article 3-2 (Permit-first-regulate-later principle) |
| (1) | Any person may conduct business using new IC and IC convergence technologies and services, and if the lives and safety of the people is threatened in the course of using such technologies and services, the State and local governments may restrict the use thereof. |
| (2) | The State and local governments shall endeavor to ensure that the statutes and regulations and systems relating to IC and IC convergence technologies and services under their jurisdictions are improved in conformity with the principle provided for in paragraph (1). |
[This Article Added on Oct. 16, 2018]
| Article 4 (Relationship to other statutes) |
This Act shall prevail over other statutes with respect to the promotion and convergence of information and communications technologies, services, etc.
CHAPTER II ESTABLISHMENT OF SYSTEM TO ADVANCE INFORMATION AND COMMUNICATIONS PROMOTION AND CONVERGENCE ACTIVATION
| Article 5 (Formulation and implementation of master plans) |
| (1) | The Minister of Science and ICT shall, every three years, formulate and implement a three-year master plan (hereinafter referred to as "master plan") for the promotion of information and communications technology and the vitalization of convergence thereof, but may shorten the planning cycle or change such master plan if necessary. <Amended on Jul. 26, 2017> |
| (2) | A master plan (including modification of a master plan; hereinafter the same shall apply) shall include the following matters: |
| 1. | Direction and objectives of policies for information and communications promotion and convergence activation; |
| 2. | Establishment of human and physical infrastructure, including the development of specialized workforce and expansion of facility investment, for information and communications promotion and convergence activation; |
| 3. | Protection of IC and IC convergence intellectual property rights; |
| 4. | Research and development support, research outcome dissemination and commercialization advancement for information and communications promotion and convergence activation; |
| 5. | Improvement of relevant laws and systems for information and communications promotion and convergence activation; |
| 6. | Information protection and information security; |
| 7. | International cooperation for information and communications promotion and convergence activation and support for overseas expansion; |
| 8. | Policy and administrative cooperation among relevant central administrative agencies; |
| 9. | Other matters necessary for the promotion of information and communications promotion and convergence activation. |
| (3) | A master plan shall be deliberated on by the Information and Communications Strategy Committee under Article 7 (1). |
| (4) | In order to formulate a master plan, the Minister of Science and ICT may request the heads of relevant central administrative agencies, local governments, and related public institutions to provide their plans, materials, etc. In such cases, the entity requested to provide its plan or materials shall cooperate unless there is a compelling reason not to do so. <Amended on Jul. 26, 2017> |
| (5) | The Minister of Science and ICT shall evaluate the implementation and of a master plan and the performance results thereof, and reflect the results of evaluation in formulating the next master plan. <Amended on Jul. 26, 2017> |
| Article 6 (Formulation and implementation of action plans) |
| (1) | In order to materialize a master plan, the head of a relevant central administrative agency shall formulate and implement an action plan for information and communications promotion and convergence activation (hereinafter referred to as "action plan") every year. |
| (2) | Where the head of a relevant central administrative agency formulates an action plan, he or she shall reflect the results of deliberation by the Information and Communications Strategy Committee under Article 7 (1) therein, and shall submit the action plan to the Information and Communications Strategy Committee together with the results of implementation of the previous year’s action plan. |
| (3) | The head of a relevant central administrative agency may request the heads of local governments and relevant public institutions to provide data, etc. if necessary for the formulation of an action plan. In such cases, the entity requested to provide data, etc. shall cooperate unless there is a compelling reason not to do so. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the establishment, implementation, and submission of action plans shall be prescribed by Presidential Decree. |
| Article 7 (Establishment of Information and Communications Strategy Committee) |
| (1) | An Information and Communications Strategy Committee (hereinafter referred to as the "Strategy Committee") shall be established under the jurisdiction of the Prime Minister to deliberate and decide on policies for information and communications promotion and convergence activation. |
| (2) | The Strategy Committee shall be comprised of up to 25 members, including 1 chairperson and 1 executive secretary; the Prime Minister shall serve as Chairperson, the Minister of Science and ICT shall serve as executive secretary, and its members shall be appointed by the Prime Minister from among the heads of relevant central administrative agencies prescribed by Presidential Decree and from among the following persons: <Amended on Jul. 26, 2017> |
| 1. | An associate professor or higher at a university or a person who has worked or is working in a research institute related to information and communications for at least 15 years; |
| 2. | A person who has worked or is working as an executive officer or employee in an industry related to information and communications for at least 15 years; |
| 3. | A person who has worked or is working in a civic group related to information and communications for at least 15 years; |
| 4. | A person with at least 15 years’ post-qualification experience as a judge, prosecutor, or attorney-at-law; |
| 5. | Any other person recognized by the Prime Minister as having expertise related to information and communications. |
| (3) | The Strategy Committee shall deliberate and decide on the following matters: <Amended on Oct. 16, 2018; Jun. 9, 2020; Oct. 19, 2021; Feb. 27, 2024> |
| 1. | Finalization of a master plan; |
| 2. | Analysis, examination, and evaluation of the performance of a master plan and action plan; |
| 3. | Making request for the improvement of laws and systems related to information and communications promotion and convergence activation to the heads of relevant central administrative agencies, etc.; |
| 4. | Recommendation of priorities among research and development projects related to information and communications promotion and convergence activation; |
| 5. | Coordination of policy issues and tasks among relevant central administrative agencies for information and communications promotion and convergence activation; |
| 5-2. | Matters related to interest coordination and conflict management related to information and communications promotion and convergence activation; |
| 6. | Recommendation to improve statutes and regulations that hinder the smooth provision of IC and IC convergence technologies and services, in conformity with Article 3-2; |
| 7. | Important matters regarding the promotion of intelligent informatization under the Framework Act on Intelligent Informatization; |
| 7-2. | Matters regarding the designation of quantum industry clusters under Article 27-4; |
| 8. | Important matters regarding the promotion of the metaverse industry under the Metaverse Industry Promotion Act; |
| 9. | Other main matters to be submitted to a meeting by the chairperson, which are related to information and communications promotion and convergence activation. |
| (4) | The head of a relevant central administrative agency or other such entity who has received a request for improvement of laws and systems under paragraph (3) 3 shall, within 3 months from the date of the request, formulate an implementation plan that addresses necessary measures and report it to the Strategy Committee. <Added on Oct. 16, 2018> |
| (5) | A working committee shall be established under the Strategy Committee to efficiently support the improvement of laws and systems related to information and communications promotion and convergence activation. <Amended on Oct. 16, 2018> |
| (6) | A specialized committee consisting of experts in technology, law, etc. shall be established to support the Strategy Committee and the working committee. <Amended on Oct. 16, 2018> |
| (7) | Matters necessary for the organization, composition, and operation of the Strategy Committee, working committee, and specialized committee shall be prescribed by Presidential Decree. <Amended on Oct. 16, 2018> |
| Article 8 (Fact-finding surveys) |
| (1) | The Minister of Science and ICT and the heads of relevant central administrative agencies may survey or prepare the current status, statistics, actual situation, etc. regarding the following matters to formulate and implement a master plan and action plan: <Amended on Jul. 26, 2017> |
| 1. | Actual condition of and statistics on IC and IC convergence technologies and services; |
| 2. | Current status of professionals by field and function, and forecast of demand therefor; |
| 3. | Research and development by field and function, and the scale of investment therein; |
| 4. | Other matters necessary for the formulation and implementation of a master plan and action plan. |
| (2) | The Minister of Science and ICT may request the heads of relevant central administrative agencies; the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as the "Mayor/Do Governor"); enterprises; research institutes; and other public institutions or organizations to provide data necessary for a fact-finding survey, etc. under paragraph (1). In such cases, persons requested to submit data shall cooperate unless there is a compelling reason not to do so. <Amended on Jul. 26, 2017; Jun. 9, 2020> |
| (3) | The Minister of Science and ICT may announce the findings of a fact-finding survey conducted under paragraph (1). <Amended on Jul. 26, 2017> |
| (4) | Matters necessary for the methods and procedures for fact-finding surveys under paragraph (1), announcement, etc. thereof under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 9 Deleted. <Oct. 16, 2018> |
| Article 10 Deleted. <Oct. 16, 2018> |
| Article 10-2 (Operation of Deliberative Committee for New Technologies and Services) |
| (1) | The Minister of Science and ICT shall organize and operate a Deliberative Committee for New Technologies and Services (hereinafter referred to as the "Deliberative Committee") to professionally deliberate and decide on matters regarding temporary permission under Article 37 and regulatory exemptions for demonstration under Article 38-2. |
| (2) | The Minister of Science and ICT shall serve as chairperson of the Deliberative Committee, which has up to 20 members commissioned by the Minister of Science and ICT, from among the following persons; in such cases, the number of civilian members shall be at least 1/2 of the members including the Chairperson: |
| 1. | Persons recommended by the heads of the relevant central administrative agencies and local governments that are related to technologies and services for IC and IC convergence subject to deliberation (hereinafter referred to as "relevant agencies"), from among persons with extensive expertise and experience in IC and IC convergence technologies and services; |
| 2. | Vice Ministers or other public officials of vice-ministerial level of the relevant central administrative agencies that are related to IC and IC convergence technologies and services subject to deliberation (in the case of local governments, public officials designated by the heads of the relevant local governments); |
| 3. | Other persons deemed necessary by the Minister of Science and ICT. |
| (3) | A specialized committee shall be established (hereinafter referred to as the "specialized committee") within the Deliberative Committee to deal with the following matters: <Added on Oct. 22, 2024> |
| 1. | Deliberation and resolution on matters regarding temporary permission of and regulatory exemptions for demonstration of IC and IC convergence technologies and services if the content, method, form, etc. of the technologies and services are substantially identical or similar to those of technologies and services for which temporary permission has been granted under Article 37 (3) or regulatory exemptions for demonstration have been designated under Article 38-2 (3), as prescribed by Presidential Decree, after previous deliberation and resolution by the Deliberative Committee; |
| 2. | Determination of eligibility of agenda items before being submitted to the Deliberative Committee; |
| 3. | Review, coordination, and processing of tasks delegated by the Deliberative Committee; |
| 4. | Other matters necessary to efficiently conduct and support the business of the Deliberative Committee. |
| (4) | Matters necessary for the composition, operation, etc. of the Deliberative Committee and the specialized committee shall be prescribed by Presidential Decree. <Amended on Oct. 22, 2024> |
[This Article Added on Oct. 16, 2018]
CHAPTER III PROMOTION OF INFORMATION AND COMMUNICATIONS
SECTION 1 Laying of Foundations for Promotion of Information and Communications
| Article 11 (Fostering of domestic professionals) |
| (1) | The Minister of Science and ICT shall formulate and implement policy measures to foster professionals with specialized skills, knowledge, etc. in the field of information and communications (hereinafter referred to as "specialized professionals"), and especially endeavor to activate software-specific training for the expansion of the base of software education and regional industry development. <Amended on Jul. 26, 2017> |
| (2) | The policy measures referred to in paragraph (1) shall include the following: |
| 1. | Matters regarding the fostering, education, and training of professionals; |
| 2. | Matters regarding the supply of and demand for professionals and making full use thereof; |
| 3. | Matters regarding support, etc. for the career management of professionals; |
| 4. | Other matters necessary for the fostering, management, etc. of professionals. |
| (3) | Deleted. <Jun. 9, 2020> |
| (4) | Matters necessary for fostering, supporting, etc. of specialized professionals under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 12 (Credited internship program) |
| (1) | The Government may allow persons enrolled in departments related to information and communications as prescribed by Presidential Decree at universities or colleges, industrial colleges, teachers' colleges, junior colleges, distance learning colleges, or technical colleges defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act (hereinafter referred to as "universities") to work as interns at small and medium enterprises, venture businesses, or other such entities as prescribed by Presidential Decree for a period not exceeding 2 years. |
| (2) | A person who has worked at a small and medium enterprise, venture business, or any other such entity as an intern under paragraph (1) shall be deemed to have completed the undergraduate course and credits of the affiliated university or college as prescribed by the academic regulations. |
| (3) | The Government may grant necessary support, such as personnel expenses, to the universities, small and medium enterprises, venture businesses, etc. that adopt the internship system in accordance with paragraph (1). |
| (4) | Matters necessary for the operation, support, etc. of the internship system under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 12-2 (Fact-finding surveys of industrial technical personnel) |
| (1) | The Minister of Science and ICT shall conduct a survey to identify the demand for industrial technical personnel in the field of information and communications every year in order to prevent unjustified career interruptions of highly qualified professionals and to promote efficient information and communications. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may request the Commissioner of the Military Manpower Administration to assign an appropriate number of personnel in consideration of the results of a fact-finding survey conducted under paragraph (1) where the Commissioner of the Military Manpower Administration assigns personnel under Article 36 (4) of the Military Service Act. In such cases, the Commissioner of the Military Manpower Administration shall honor the request. <Amended on Jul. 26, 2017> |
[This Article Added on Jan. 20, 2015]
| Article 13 (Identification and fostering of excellent overseas professionals) |
| (1) | The Government shall formulate and implement policy measures to identify and foster excellent overseas professionals with core information and communications technologies, knowledge, knowhow, etc. |
| (2) | The policy measures referred to in paragraph (1) shall include the following matters: |
| 1. | Relaxation of work visa issuance requirements; |
| 2. | Easing the immigration process; |
| 3. | Improvement of working conditions and treatment; |
| 4. | Establishment of a whole-of-government promotion system; |
| 5. | Other support necessary for identification and fostering of excellent overseas professionals. |
| (3) | The Government may link or support programs promoted by enterprises for fostering excellent overseas professionals related to information and communications with the policy measures under paragraph (1) or may provide support thereto. |
| Article 14 (Enhancement of information and communications networks) |
| (1) | The Minister of Science and ICT shall continuously promote the upgrading of information and communications networks for information and communications promotion and convergence activation. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall establish policies necessary to induce and support active investment from the private sector for the upgrading of information and communications networks. <Amended on Jul. 26, 2017> |
SECTION 2 Promotion of New Technologies and Services for Information and Communications
| Article 15 (Designation of promising technologies and services) |
| (1) | In order to vitalize new technologies and services for information and communications and to link them with other industries, the Minister of Science and ICT may, each year, designate and support promising IC and IC convergence technologies and services (including digital content) as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT makes designation under paragraph (1), he or she shall publicly notify such designation; and the methods for designation and the scope and content of support shall be prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may provide support to activate cooperation among central administrative agencies, public institutions, enterprises, universities, and research institutes to create a foundation for the activation of promising IC and IC convergence technologies, services, etc. designated under paragraph (1). <Amended on Jul. 26, 2017> |
| Article 16 (Standardization of technologies and services) |
| (1) | The Minister of Science and ICT may implement the following projects related to the standardization of IC and IC convergence technologies, services, etc. in order to promote information and communications promotion and convergence activation: <Amended on Jul. 26, 2017> |
| 1. | Establishment, amendment, repeal, and dissemination of standards related to new IC and IC convergence technologies, services, etc.; provided, the matters for which Korean industrial standards have been established under the Industrial Standardization Act shall be governed by the standards; |
| 2. | Investigation, research and development of domestic and international standards related to new IC and IC convergence technologies, services, etc.; |
| 3. | Other matters necessary for the standardization of new IC and IC convergence technologies, services, etc. |
| (2) | The Minister of Science and ICT may support projects for the standardization of IC and IC convergence technologies, services, etc. promoted by the private sector. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may designate organizations specializing in implementing projects for the standardization of IC and IC convergence technologies, services, etc. and fully or partially subsidize the necessary expenses. <Amended on Jul. 26, 2017> |
| (4) | Matters necessary for the projects under paragraph (1) and the designation, etc. of specialized organizations under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 17 (Quality certification of technologies and services) |
| (1) | The Minister of Science and ICT may determine and publicly notify certification standards for the convenience, stability, reliability, expandability, etc. (hereinafter referred to as "quality standards") of IC and IC convergence technologies, services, etc. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may certify whether the quality of IC and IC convergence technologies, services, etc. meets the quality standards publicly notified under paragraph (1). In such cases, expenses incurred for certification shall be borne by the applicant. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may designate a certification body to efficiently perform certification tasks in accordance with paragraph (2). <Amended on Jul. 26, 2017> |
| (4) | Persons who obtain certification in accordance with paragraph (2) may indicate or publicize the content of certification as prescribed by Presidential Decree. No person that fails to obtain certification shall indicate a certification mark or similar mark. |
| (5) | Where certification under paragraph (2) falls under any of the following cases, the Minister of Science and ICT shall revoke the certification: <Amended on Jul. 26, 2017> |
| 1. | Where certification is obtained by fraud or other improper means; |
| 2. | Where the quality standards are not met; |
| 3. | Where this Act or an order issued under this Act are violated. |
| (6) | An insurance company under subparagraph 6 of Article 2 of the Insurance Business Act may guarantee compensation for damages suffered by users due to certification under paragraph (2) as prescribed by Presidential Decree. |
| (7) | Matters necessary for procedures for certification under paragraph (2), revocation of certification under paragraph (5), etc. shall be prescribed by Presidential Decree. |
| Article 18 (Support for research and development of small and medium enterprises) |
| (1) | Where the Minister of Science and ICT implements an information and communications related research and development program prescribed by this Act, he or she shall preferentially use at least the certain percentage prescribed by Presidential Decree, out of the budget of the program, for small and medium enterprises and venture businesses. <Amended on Jul. 26, 2017; Jun. 9, 2020> |
| (2) | The Minister of Science and ICT shall endeavor to vitalize investment in and financing for the intellectual property rights of small and medium enterprises and venture businesses. <Amended on Jul. 26, 2017> |
| (3) | Matters necessary for the procedures, methods, etc. for implementation under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 19 (Support for commercialization of promising IC and IC convergence technologies and services) |
| (1) | The Minister of Science and ICT may provide necessary support for the commercialization of promising IC and IC convergence technologies, services, etc. publicly notified by the Minister of Science and ICT in accordance with Article 15. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may collect compensation for the use, transfer, lease, or export of business results from a person that succeeds in commercialization with the support under paragraph (1). <Amended on Jul. 26, 2017> |
| (3) | Matters necessary for support and the collection, management, etc. of compensation under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 20 (Promotion of public purchase of IC and IC convergence technologies and services) |
The Government shall prepare necessary supportive policy measures, such as preferential purchase, to create demand for IC and IC convergence technologies and services, the qualify of which is certified by the Minister of Science and ICT in accordance with Article 17. <Amended on Jul. 26, 2017>
SECTION 3 Advancement of Digital Content, Software, and Quantum Information and Communications Technology
| Article 21 (Advancement and activation of digital content) |
| (1) | The Government shall enhance the creativity of digital content creators, create an environment for the creation, distribution, and use of promising digital content, and strive to strengthen the competitiveness of related industries. |
| (2) | The Government may implement the following projects for the promotion and activation of digital content: |
| 1. | Support for the production and distribution of digital content; |
| 2. | Regional cooperation and pilot projects related to digital content; |
| 3. | Support for building digital content infrastructure; |
| 4. | Support for the development of digital content-related professionals; |
| 5. | Policy research projects for the promotion and activation of digital content; |
| 6. | Other matters prescribed by Presidential Decree for the promotion and activation of digital content. |
| (3) | The Government may designate a dedicated organization to efficiently promote the projects under paragraph (2), and fully or partially subsidize the necessary expenses. |
| (4) | Matters necessary for the support projects under paragraph (2) and the designation, etc. of a dedicated organization under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 22 (Establishment of order in digital content distribution) |
| (1) | The Government shall endeavor to establish a fair order in digital content distribution and shall prepare and implement related policy measures. |
| (2) | The Minister of Science and ICT may conduct a fact-finding survey on distribution channels, etc. to establish fair order in digital content distribution and publish the results of the survey. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall prepare a standard contract form for digital content transactions in consultation with the Fair Trade Commission, the Ministry of Culture, Sports and Tourism, and the Korea Communications Commission, and may recommend its use to digital content providers and trade associations. <Amended on Jul. 26, 2017> |
| (4) | Where the Minister of Science and ICT establishes or amends the standard contract form under paragraph (3), he or she shall hear the opinions of the relevant trade associations and experts. <Amended on Jul. 26, 2017> |
| Article 23 Deleted. <Jun. 9, 2020> |
| Article 24 Deleted. <Jun. 9, 2020> |
| Article 25 (Facilitation of software convergence) |
| (1) | The Government shall prepare policy measures necessary for the facilitation of software convergence. |
| (2) | The policy measures under paragraph (1) shall include the following matters: |
| 1. | Establishment and implementation of policies to facilitate software convergence; |
| 2. | Vitalization of demand, such as implementation and expansion of pilot projects on software convergence; |
| 3. | Support for technology development and standardization of software convergence; |
| 4. | Fostering of the software convergence industry, support for exportation, creation and development of clusters; |
| 5. | Other matters necessary for the facilitation of software convergence. |
| Article 26 (Activation of software research and development) |
| (1) | Where the Government conducts national research and development programs in the field of software in accordance with relevant statutes and regulations, it may separately determine a support system and evaluation method in consideration of the characteristics of the software industry as a knowledge and information good. <Amended on Jun. 9, 2020> |
| (2) | The support system and evaluation method under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 27 (Promotion for utilization of commercial software) |
The heads of State agencies, etc. shall endeavor to promote the utilization of commercial software and to calculate appropriate compensation, including maintenance expenses.
[This Article Wholly Amended on Jun. 9, 2020]
| Article 27-2 (Development and promotion of quantum information and communications technology) |
| (1) | The Minister of Science and ICT shall create an environment for facilitating the development of quantum information and communications technology, including establishing a systematic research base for quantum information and communications technology, and shall endeavor to strengthen the competitiveness of related industries. |
| (2) | In order to develop and promote quantum information and communications technology, the Minister of Science and ICT may implement the following projects: |
| 1. | Conducting policy research for the development of quantum information and communications technology; |
| 2. | Supporting research and development of quantum information and communications technology; |
| 3. | Building infrastructure for quantum information and communications technology; |
| 4. | Developing and training professionals specializing in quantum information and communications technology; |
| 5. | Implementing pilot projects related to quantum information and communications technology; |
| 6. | Providing support for standardization and certification for quantum information and communications technology; |
| 7. | Enhancing international cooperation related to quantum information and communications technology; |
| 8. | Other matters necessary for the development and promotion of quantum information and communications technology. |
| (3) | The Minister of Science and ICT may designate a dedicated organization to efficiently implement the projects under paragraph (2), and fully or partially subsidize the necessary expenses. |
| (4) | Matters necessary for the support projects under paragraph (2) and the designation, etc. of a dedicated organization under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 9, 2020]
| Article 27-3 (Support for development of quantum information and communication technology in the private sector) |
| (1) | The Government may provide necessary support, including administrative and technical support, for the private sector to efficiently drive research and development investment in quantum information and communication technology. |
| (2) | The Government shall preferentially implement support policies under paragraph (1) for technology-intensive small and medium enterprises that use quantum information and communications technology and enterprises that start up using quantum information and communications technology. |
[This Article Added on Jun. 9, 2020]
| Article 27-4 (Designation of quantum information and communications industry clusters) |
| (1) | The Minister of Science and ICT may designate an area to be intensively developed by interconnecting enterprises, research institutes, colleges and universities, etc. (hereinafter referred to as a "quantum information and communications industry cluster") to facilitate the development and dissemination of new technologies, to develop and train a workforce, and to strengthen industrial competitiveness in quantum information and communications, after hearing the opinion of the competent City/Do Mayor, in consultation with the head of relevant central administrative agencies, and following deliberation by the Strategy Committee. |
| (2) | Where the Minister of Science and ICT designates a quantum information and communications industry cluster under paragraph (1), he or she shall publicly notify the content thereof in the Official Gazette as prescribed by Presidential Decree, and notify the competent Mayor/Do Governor thereof without delay. In this case, matters regarding the public notice of topographical maps shall be governed by Article 8 of the Framework Act on the Regulation of Land Use. |
| (3) | Upon receipt of the notice under paragraph (2), the competent Mayor/Do Governor shall make the content of the notice available for perusal by residents for at least 14 days. |
| (4) | Other matters necessary for the designation of a quantum information and communication industry cluster shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 9, 2020]
| Article 28 (Public sector information and communications equipment installation projects) |
| (1) | Where the heads of central administrative agencies, local governments, and public institutions enter into contracts for information and communications equipment installation projects, they shall preferentially adopt the contract method by which a bidder under Article 10 (2) 3 of the Act on Contracts to Which the State Is a Party shall be a successful bidder; provided, the foregoing shall not apply if it is necessary due to characteristics of an information and communications technology equipment installation project to be contracted. |
| (2) | The Minister of Science and ICT and the Minister of the Interior and Safety may determine and publicly notify matters related to contracts and operations under paragraph (1) (matters related to the information system under subparagraph 13 of Article 2 of the Electronic Government Act may be publicly notified by the Minister of the Interior and Safety) and the heads of central administrative agencies, local governments, and public institutions shall comply therewith. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The heads of central administrative agencies, local governments, and public institutions shall annually notify the Minister of Science and ICT and the Minister of the Interior and Safety of the information prescribed by Presidential Decree, including contract status of information and communications equipment. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of Science and ICT and the Minister of the Interior and Safety may inspect the status of the use of information and communications equipment of public institutions annually. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 29 (Information and communication equipment demand forecast) |
| (1) | The heads of central administrative agencies, local governments, and public institutions shall formulate an implementation plan to efficiently implement information and communications equipment installation projects under Article 28 (1). |
| (2) | The heads of central administrative agencies, local governments, and public institutions shall submit a promotional plan under paragraph (1) and information on demand for purchase of information and communications technology equipment to the Minister of Science and ICT and the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT and the Minister of the Interior and Safety shall publish the implementation plan and purchase demand information submitted under paragraph (2). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Minister of Science and ICT and the Minister of the Interior and Safety may designate specialized institutions to efficiently perform tasks under paragraphs (2) and (3), and fully or partially subsidize the necessary expenses. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The specific frequency of, timing for, method of, and procedures for submission under paragraph (2) and publication under paragraph (3), the designation and support of specialized organizations under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER IV SUPPORT FOR ACTIVATION OF INFORMATION AND COMMUNICATION AND INFORMATION AND COMMUNICATION CONVERGENCE
SECTION 1 Support for Venture Businesses and Promotion of Technology Transactions
| Article 30 (Establishment of small and medium enterprises and venture businesses and their entry into overseas markets) |
| (1) | The Minister of Science and ICT may implement the following projects to promote and support the establishment of small and medium enterprises, venture businesses, etc. related to IC and IC convergence and their expansion into overseas markets: <Amended on Jul. 26, 2017> |
| 1. | Support for small and medium enterprises, venture businesses, etc. related to IC and IC convergence to establish domestic and overseas local businesses and to expand into overseas markets; |
| 2. | Provision of workspace and meeting venues for small and medium enterprises, venture businesses, etc. related to IC and IC convergence; |
| 3. | Supply of information and support for funding, workforce, sales channels, etc., for small and medium enterprises, venture businesses, etc. related to IC and IC convergence; |
| 4. | Consultation on laws, business management, tax, etc. for small and medium enterprises, venture businesses, etc. related to IC and IC convergence; |
| 5. | Overseas publicity for technologies developed by small and medium enterprises, venture businesses, etc. related to IC and IC convergence, provision of buyer information, and brokerage or arrangement for sales; |
| 6. | Support for translation services and legal services for smooth overseas expansion of small and medium enterprises, venture businesses, etc. related to IC and IC convergence; |
| 7. | Supply of information on overseas markets related to IC and IC convergence and support for the inducement of investment; |
| 8. | Establishment and operation of overseas expansion bases for overseas expansion of enterprises, venture businesses, etc. related to IC and IC convergence; |
| 9. | Exchange and cooperation with related organizations at home and abroad for the development of venture businesses related to IC and IC convergence; |
| 10. | Other projects necessary for to activate and support startup and overseas expansion. |
| (2) | The Minister of Science and ICT may designate and operate entities or organizations prescribed by Presidential Decree as specialized entities, and fully or partially subsidize the necessary expenses. <Amended on Jul. 26, 2017> |
| Article 31 (International cooperation and operation of global consultative body) |
| (1) | The Minister of Science and ICT shall identify relevant international trends and promote international cooperation necessary for information and communications promotion and convergence activation. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may perform the following business functions to promote international cooperation under paragraph (1): <Amended on Jul. 26, 2017> |
| 1. | Support for the international exchange of professionals related to IC and IC convergence; |
| 2. | Support for overseas specialized education and overseas training for professionals related to IC and IC convergence and for overseas training; |
| 3. | Support for international standardization, international joint research and development projects, etc. related to IC and IC convergence; |
| 4. | Cooperation with international organizations related to IC and IC convergence and foreign governments; |
| 5. | Support for international cooperation in the private sector related to IC and IC convergence; |
| 6. | Other matters prescribed by Presidential Decree related to international cooperation. |
| (3) | The Minister of Science and ICT may organize a global consultative body comprised of overseas IC experts on for IC promotion and IC convergence activation. In such cases, the Minister of Science and ICT may subsidize expenses incurred for the composition and operation of the global consultative body. <Amended on Jul. 26, 2017> |
| (4) | Matters necessary for the composition, operation, etc. of the global consultative body under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 32 (Support for development of IC and IC convergence technologies and services) |
| (1) | The Minister of Science and ICT shall endeavor to increase productivity and value through the incorporation of information and communications with other industries, services, etc. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may implement the following projects to facilitate the development of IC and IC convergence technologies and services: <Amended on Jul. 26, 2017> |
| 1. | Research and development programs related to IC and IC convergence technologies and services; |
| 2. | Planning, evaluation, and management of projects to be performed in accordance with subparagraph 1; |
| 3. | Support for referral and brokerage for technology transfer, including transactions of IC and IC convergence technologies owned by the State, local governments, universities, government-funded research institutes, the private sector, etc.; |
| 4. | Evaluation of IC and IC convergence technologies and development and dissemination of evaluation techniques; |
| 5. | Collection, analysis, and provision of information related to statistical surveys, research, etc. on IC and IC convergence technology transfer and commercialization; |
| 6. | Support for research and development for commercialization after IC and IC convergence technology transfer; |
| 7. | Development and training of professionals specializing in of IC and IC convergence technology commercialization; |
| 8. | Establishment and utilization of information systems to facilitate IC and IC convergence technology transactions and commercialization; |
| 9. | Management, publicity, and utilization of research outcomes related to IC and IC convergence technologies, including intellectual property rights; |
| 10. | Policy research projects, including surveys on the level of IC and IC convergence technologies and services; |
| 11. | Pilot projects related to IC and IC convergence technologies and services; |
| 12. | Other projects necessary for the promotion of information and communications technology. |
| (3) | The Minister of Science and ICT may establish a dedicated organization that is a corporation to implement projects under paragraph (2), or entrust a corporation or organization with the operation thereof, and may fully or partially contribute or subsidize the necessary expenses within the budget. <Amended on Jul. 26, 2017> |
| (4) | The heads of central administrative agencies and local governments may require a dedicated organization under paragraph (3) to implement the projects under paragraph (2) and fully or partially subsidize the expenses incurred in implementing them. |
| (5) | Except as provided in this Act, the provisions of the Civil Act concerning incorporated foundation shall apply mutatis mutandis to the dedicated organization under paragraph (3); and matters necessary for the operation of the dedicated organization and the implementation of the projects under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 33 (Activation of technology transactions) |
| (1) | The Minister of Science and ICT shall endeavor to create an environment in which IC and IC convergence technology transactions can be activated. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may promote tasks, such as evaluating new technologies, collecting, analyzing and providing relevant information, and supporting commercialization development, in order to activate IC and IC convergence technology transactions. <Amended on Jul. 26, 2017> |
| Article 34 (Collection and use of royalties) |
| (1) | Where a project of developing IC and IC convergence technologies and services under Article 32 (2) is completed, the Minister of Science and ICT may collect royalties from persons who intend to use, transfer, lease, or export the results of the project. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall use the royalties collected under paragraph (1) for projects to develop IC and IC convergence technologies and services under Article 32 (2). <Amended on Jul. 26, 2017> |
| (3) | Matters necessary for the collection, management, use, etc. of royalties under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
SECTION 2 Activation of Information and Communications and Information and Communications Convergence Technologies
| Article 35 (Encouragement of dissemination of IC and IC convergence culture) |
| (1) | The Minister of Science and ICT may implement the following projects to enhance the people's understanding of IC and IC convergence and disseminate IC and IC convergence culture throughout the national society: <Amended on Jul. 26, 2017> |
| 1. | Discovering successful cases from public institutions and enterprises that have contributed to IC and IC convergence, awarding prizes thereto, and publicizing them; |
| 2. | Holding trainings and seminars to disseminate and activate IC and IC convergence; |
| 3. | Other projects deemed necessary by the Minister of Science and ICT. |
| (2) | Matters necessary for the methods, procedures, etc. for implementation of projects under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 36 (Fast-track processing for new IC and IC convergence technologies and services) |
| (1) | A person that intends to conduct business using new IC and IC convergence technologies and services for may apply to the Minister of Science and ICT for confirmation as to whether the relevant business requires permission, approval, registration, authorization, verification, or other authorization (hereinafter referred to as "permission or other authorization") under the statutes and regulations related to new IC and IC convergence technologies and services. <Amended on Oct. 16, 2018> |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Science and ICT shall notify the head of the relevant agency of the fact that the application is filed for the new IC and IC convergence technologies and services and of the content of the application. <Amended on Jul. 26, 2017; Oct. 16, 2018> |
| (3) | The head of the relevant agency shall reply to the Minister of Science and ICT within 30 days from the date of receipt of the notification under paragraph (2) as to whether the new IC and IC convergence technologies and services fall under his or her jurisdiction; and whether permission or other authorization is required. If the head of the relevant agency does not reply within 30 days, the new technologies and services shall be deemed not to fall under his or her jurisdiction, or does not require the permission or other authorization of the head of the relevant agency. <Amended on Jul. 26, 2017; Oct. 16, 2018> |
| (4) | The Minister of Science and ICT shall immediately notify the applicant of the reply under paragraph (3) (including whether permission or other authorization is required under the statutes and regulations under the jurisdiction of the Ministry of Science and ICT), or whether temporary permission is required under Article 37 (1). <Amended on Jul. 26, 2017> |
| (5) | The relevant applicant may freely launch the new IC and IC convergence technologies and services, unless the notification received from the Minister of Science and ICT under paragraph (4) indicates that permission or other authorization from the Minister of Science and ICT or the head of the relevant agency is required or that temporary permission under Article 37 (1) is required. <Amended on Jul. 26, 2017; Oct. 16, 2018> |
| (6) | Where the head of the relevant agency deems that an application for new IC and IC convergence technologies and service under paragraph (1) requires permission or other authorization under relevant statutes and regulations, he or she shall reply with the conditions, procedures, etc. necessary for the permission or other authorization; and where the applicant applies for permission or other authorization in accordance with the content of the reply, the application shall undergo a fast-track process in accordance with the relevant statutes and regulations. <Amended on Oct. 16, 2018> |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for fast-track process, etc. for new IC and IC convergence technologies and services for shall be prescribed by Presidential Decree. |
| Article 36-2 (Batch processing) |
| (1) | A person that intends to conducts business using new IC and IC convergence technologies and services may, if at least two or more permissions or other authorizations are required for the business, apply to the Minister of Science and ICT for batch processing so that the relevant permissions or authorizations can be examined simultaneously. |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Science and ICT shall immediately commence an examination for permission or other authorization related to the Minister’s responsibilities; and shall request the head of the relevant agency to expedite the examination procedures for permission or other authorization related to the agency’s responsibilities. |
| (3) | Upon receipt of a request from the Minister of Science and ICT under paragraph (2), the head of the relevant agency shall immediately commence an examination for permission or other authorization, unless there is a compelling reason not to do so, and notify the Minister of Science and ICT and the applicant under paragraph (1) of the commencement and period of the examination; provided, if there is a compelling reason not to commence the examination, the Minister of Science and ICT and the applicant under paragraph (1) shall be notified of that reason. |
| (4) | Matters necessary for methods, procedures, notifications, etc. for batch processing under paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 16, 2018]
| Article 37 (Temporary permission) |
| (1) | A person that intends to conduct business using new IC and IC convergence technologies and services may, in either of the following cases, apply for temporary permission or other authorization (hereinafter referred to as "temporary permission") to the Minister of Science and ICT for commercialization, including market launch of the relevant technologies and services: <Amended on Oct. 16, 2018> |
| 1. | Where the statutes and regulations providing the basis for permission or other authorization do not provide for standards, specifications, requirements, etc. for the relevant new IC and IC convergence technologies and services; |
| 2. | Where it is unclear or unreasonable to apply the standards, specifications, requirements, etc. under the statutes and regulations providing the basis for permission or other authorization. |
| (2) | Where permission or other authorization for new IC and IC convergence technologies and services cannot be granted due to either of the reasons under paragraph (1), the head of the relevant agency shall request temporary permission from the Minister of Science and ICT after hearing the applicant's opinion. <Added on Oct. 16, 2018> |
| (3) | Upon an application under paragraph (1) or a request under paragraph (2), the Minister of Science and ICT shall consult with the head of the relevant agency and submit the issue to the Deliberative Committee with the results of the consultation; and may grant temporary permission for the new IC and IC convergence technologies and services following deliberation and resolution by the Deliberative Committee. In this case, the Minister of Science and ICT may attach necessary conditions to ensure the stability of the new IC and IC convergence technologies and services and to protect users. <Added on Oct. 16, 2018> |
| (4) | Notwithstanding paragraphs (3), the Minister of Science and ICT may simplify the procedures according to the following categories if the content of an application under paragraph (1) is substantially identical or similar to the content, method, form, etc. of IC and IC convergence technologies and services for which temporary permission has been granted under paragraph (3) or regulatory exemptions for demonstration have been designated under Article 38-2 (3), as prescribed by Presidential Decree, after previous deliberation and resolution by the Deliberative Committee: <Added on Oct. 22, 2024> |
| 1. | Period for consultation with the head of the relevant agency under paragraph (3): Completion within 15 days; |
| 2. | Submission to the Deliberative Committee under paragraph (3) and deliberation and resolution by the Deliberative Committee: Submission to the specialized committee and deliberation and resolution by the specialized committee. |
| (5) | The Minister of Science and ICT may designate an entity or organization that conducts tests and inspections or has relevant specialized professionals and technology as a testing and inspection agency for temporary permission. <Amended on Jul. 26, 2017; Oct. 16, 2018; Oct. 22, 2024> |
| (6) | The validity period of temporary permission shall be prescribed by Presidential Decree, which shall not exceed 2 years; provided, if the statute and its regulations providing the basis for permission or other authorization for new IC and IC convergence technologies and services are not improved before the expiration of the validity period, the Minister of Science and ICT may extend the validity period once, and in this case, the person seeks to extend the validity period shall apply to the Minister of Science and ICT no later than 2 months before the expiration of the validity period. <Amended on Oct. 16, 2018; Oct. 22, 2024> |
| (7) | The head of the relevant agency shall, before the expiration of the validity period of the temporary permission under paragraph (6), improve the statutes and regulations providing the basis for permission or other authorization for the relevant new IC and IC convergence technologies and services, and if the improvement of the statute and its regulations providing the basis for the permission or other authorization is not completed within the validity period of the temporary permission extended under paragraph (6), the validity period shall be deemed extended until the improvement of the statutes and regulations is completed: provided, this shall not apply if the improvement of the statutes and regulations requires an amendment to the statutes. <Added on Oct. 16, 2018; Jun. 8, 2021; Oct. 22, 2024> |
| (8) | If the statutes and regulations providing the basis for permission or other authorization for the relevant new IC and IC convergence technologies and services are improved, a person that has obtained temporary permission shall obtain permission or other authorization in accordance with the statute and its regulations without delay. <Added on Oct. 16, 2018; Oct. 22, 2024> |
| (9) | A person who intends to provide new IC and IC convergence technologies and services after obtaining temporary permission shall be liable for compensation if the technologies and services cause personal injury or property damage to users; provided, this shall not apply where the person that has obtained the temporary permission proves that he or she has not caused such damage by intent or negligence. <Amended on Oct. 16, 2018; Oct. 22, 2024> |
| (10) | A person that has obtained temporary permission shall purchase liability insurance, etc. to assume liability for compensation under paragraph (9); provided, if the person cannot purchase the liability insurance, etc., he or she shall prepare a separate compensation plan in accordance with the compensation standards, methods, procedures, etc. prescribed by Presidential Decree. <Amended on Oct. 16, 2018; Oct. 22, 2024> |
| (11) | A person that has obtained temporary permission shall notify the users of the relevant new IC and IC convergence technologies and services of the fact and validity period of the temporary permission. <Amended on Oct. 16, 2018; Oct. 22, 2024> |
| (12) | The head of the relevant agency concerned with the temporary permission shall require public officials under his or her control participate in the examination procedures for the temporary permission and may submit an opinions on the temporary permission to the Minister of Science and ICT. <Amended on Oct. 16, 2018; Oct. 22, 2024> |
| (13) | Matters necessary for examination standards, procedures, methods, etc. for temporary permission for new IC and IC convergence technologies and services shall be prescribed by Presidential Decree. <Amended on Oct. 16, 2018; Oct. 22, 2024> |
| Article 38 (Revocation of temporary permission) |
| (1) | The Minister of Science and ICT may issue a corrective order or revoke temporary permission after deliberation and resolution by the Deliberative Committee if any of the following applies to a person that has obtained temporary permission under Article 37 (3); provided, temporary permission shall be revoked in the case of subparagraph 1: <Amended on Jul. 26, 2017; Oct. 16, 2018; Jan. 23, 2024> |
| 1. | Where he or she has obtained the temporary permission by fraud or other improper means; |
| 2. | Where he or she fails to meet the conditions under Article 37 (3); |
| 3. | Where he or she fails to obtain permission or other authorization, in violation of Article 37 (8); |
| 4. | Where he or she no longer meets the examination standards under Article 37 (13); |
| 5. | Where he or she fails to commence the relevant business without any special reason within 2 years from the date he or she has obtained the temporary permission. |
| (2) | A corrective order under paragraph (1) shall be limited to 1 issuance. <Added on Oct. 16, 2018> |
| (3) | A person whose temporary permission is revoked under paragraph (1) shall not sell, use, or provide the relevant technologies and services. <Amended on Oct. 16, 2018> |
| Article 38-2 (Regulatory exceptions for demonstration) |
| (1) | A person that intends to conduct business using new IC and IC convergence technologies and services may apply to the Minister of Science and ICT for a regulatory exemption for demonstration that does not apply all or part of the relevant regulation in order to conduct limited testing and technical verification of the technologies and services if it is difficult to conduct the business due to either of the following: |
| 1. | Where it is impractical to apply for temporary permission or other authorization for the new IC and IC convergence technologies and services under the provisions of other statutes and regulations; |
| 2. | Where it is unclear or unreasonable to apply the standards, specifications, requirements, etc. under the statutes and regulations providing the basis for permission or other authorization. |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Science and ICT shall notify the head of the relevant agency of the content of the application. |
| (3) | Upon an application under paragraph (1), the Minister of Science and ICT may designate a regulatory exemption for demonstration after review by the head of the relevant agency under paragraph (5) and deliberation and resolution by the Deliberative Committee. In such cases, the Minister of Science and ICT may impose conditions on the regulatory exemption for demonstration. |
| (4) | The validity period of a regulatory exemption for demonstration under paragraph (3) shall be prescribed by Presidential Decree, which shall not exceed 2 years. <Amended on Jun. 10, 2022> |
| (5) | Upon receipt of the notification under paragraph (2), the head of the relevant agency shall review the content of the application and send the review results to the Minister of Science and ICT in writing within 30 days; provided, if the head of the relevant agency requests the applicant for a regulatory exemption for demonstration to supplement data in order to determine whether to grant the regulatory exemption for demonstration, the time required to supplement the relevant date shall be excluded from the period, but even in this case the review results shall be sent within 90 days. <Amended on Jun. 9, 2020> |
| (6) | The Minister of Science and ICT shall submit to the Deliberative Committee the issue as to whether to grant a regulatory exemption for demonstration, with the results of the review of the head of the relevant agency under paragraph (5). In this case, the Deliberative Committee shall deliberate and decide on the issue in consideration of the following: |
| 1. | Innovativeness of the relevant technology or service; |
| 2. | Impacts and effects on relevant markets and user benefits; |
| 3. | Whether it undermines the lives and safety of the people, and the secure protection and processing of personal information; |
| 4. | Appropriateness of the regulatory exemption for demonstration; |
| 5. | Other matters necessary for granting a regulatory exemption for demonstration. |
| (7) | Notwithstanding paragraphs (3), (5), and (6), the Minister of Science and ICT may simplify the procedures according to the following categories if the content of an application under paragraph (1) is substantially identical or similar to the content, method, form, etc. of the IC and IC convergence technologies and services for which temporary permission has been granted under Article 37 (3) or regulatory exemptions for demonstration have been designated under paragraph (3), as prescribed by Presidential Decree, after previous deliberation and resolution by the Deliberative Committee: <Added on Oct. 22, 2024> |
| 1. | The period for sending the review results by the head of the relevant agency under Article 5: Shortened to within 15 days; |
| 2. | Submission to the Deliberative Committee under paragraphs (3) and (6) and deliberation and resolution by the Deliberative Committee: Submission to the specialized committee and deliberation and resolution by the specialized committee. |
| (8) | The head of the relevant agency may provide support necessary for granting regulatory exemptions for demonstration under paragraph (3). <Amended on Oct. 22, 2024> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for application, notification, detailed examination standards, etc. for regulatory exemptions for demonstration shall be prescribed by Presidential Decree. <Amended on Oct. 22, 2024> |
[This Article Added on Oct. 16, 2018]
| Article 38-3 (Management and supervision of regulatory exemptions for demonstration) |
| (1) | The Minister of Science and ICT and the heads of relevant agencies shall jointly manage and supervise regulatory exemptions for demonstration granted and implemented in accordance with Article 38-2 (3). |
| (2) | A person that has obtained a regulatory exemption for demonstration under Article 38-2 (3) shall inform the users of the fact of being granted the regulatory exemption for demonstration, the validity period, the content of the relevant technologies and services, etc. so that the relevant users can easily understand; and shall actively respond to requests regarding users' lives, health, and safety, the environment, and the secure protection and processing of personal information. |
| (3) | Deleted. <Jun. 10, 2022> |
| (4) | If the head of the relevant agency determines that it is necessary to improve relevant statutes and regulations before the expiration of the validity period of a regulatory exemption for demonstration, he or she shall immediately begin to improve the relevant statutes and regulations. <Amended on Jun. 10, 2022> |
| (5) | Deleted. <Jun. 10, 2022> |
| (6) | Article 37 (9) and (10) shall apply mutatis mutandis to the liability for compensation by persons who have obtained regulatory exemptions for demonstration. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the management and supervision of regulatory exemptions for demonstration shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 16, 2018]
| Article 38-4 (Revocation of granting of regulatory exemption for demonstration) |
| (1) | The Minister of Science and ICT may issue a corrective order or revoke the granting of a regulatory exemption for demonstration after deliberation and resolution by the Deliberative Committee if any of the following applies to a person that has obtained the regulatory exemption for demonstration in accordance with Article 38-2 (3); provided, such granting shall be revoked in the case of subparagraph 1: <Amended on Jan. 23, 2024> |
| 1. | Where the person has obtained the regulatory exemption for demonstration by fraud or other improper means; |
| 2. | Where the person no longer meets any of the conditions under Article 38-2 (3); |
| 3. | Where the person no longer meets any of the examination standards under Article 38-2 (9); |
| 4. | Where it is clearly determined that it is impossible to achieve the purpose of the regulatory exemption for demonstration; |
| 5. | Where the person fails to start the relevant business without good cause within 2 years from the date the person has obtained the regulatory exemption for demonstration. |
| (2) | A corrective order under paragraph (1) shall be limited to one issuance. |
| (3) | The Minister of Science and ICT may order a temporary suspension of the sale, use, provision, etc. of technologies and services if there is harm or a significant risk of harm to the lives or safety of the people due to the sale, use, provision, etc. of the technologies and services following the granting of the regulatory exemption for demonstration. |
| (4) | A person in whose case a regulatory exemption for demonstration is revoked under paragraph (1) shall not sell, use, or provide the relevant technologies and services. |
[This Article Added on Oct. 16, 2018]
| Article 38-5 (Extension of regulatory exemption for demonstration) |
| (1) | If the statutes and regulations related to a regulatory exemption have not been improved before the expiration of the validity period under Article 38-2 (4), the Minister of Science and ICT may extend the validity period for a period of up to 2 years on a one-time basis. |
| (2) | A person that seeks to extend the validity period of a regulatory exemption under paragraph (1) shall apply to the Minister of Science and ICT no later than 2 months before the expiration of the validity period. |
| (3) | A person that has obtained a regulatory exemption under Article 38-2 (3) (including a person that has received an extension of the validity period thereof under paragraph (1)) may request the Minister of Science and ICT and the head of the relevant agency to improve the statutes and regulations related to the regulatory exemption, along with the application of the regulatory exemption and business results, by no later than 2 months before the expiration of the validity period. |
| (4) | The head of the relevant agency shall review whether it is necessary to improve the statutes and regulations related to the regulatory exemption based on the application of the regulatory exemption and business results submitted under paragraph (3) and report the review results to the Deliberative Committee; and if it is determined necessary to improve the statutes and regulations based on the fact that the safety, etc. of the relevant new IC and IC convergence technologies and services are proved, the improvement of the relevant statutes and regulations shall be immediately commenced. |
| (5) | Where the Minister of Science and ICT deems it necessary to improve the statutes and regulations, although the results of review by the head of the relevant agency indicate otherwise, he or she may request a regulatory improvement, or submit his or her opinion, to the Regulatory Reform Committee under Article 23 of the Framework Act on Administrative Regulation (hereinafter referred to as the "Regulatory Reform Committee") in accordance with Articles 17 and 17-2 of that Act; and the Regulatory Reform Committee may examine the request for the regulatory improvement or the submitted opinion in accordance with Article 18 of that Act. |
| (6) | Where the head of the relevant agency commences to improve the statutes and regulations under paragraph (4) (including where the head of the relevant agency commences to improve the statutes and regulations following examination by the Regulatory Reform Committee under paragraph (5)), the Minister of Science and ICT may grant temporary permission for the relevant new technologies and services IC and IC convergence under Article 37 if it is unclear whether the technologies and services are prohibited under any other statute. |
| (7) | Notwithstanding paragraph (1) and Article 38-2 (4), with regard to a person that has made a request under paragraph (3), the validity period of the regulatory exemption shall be deemed not to have expired for the period required for the procedures prescribed in paragraphs (4) through (6). |
| (8) | Where a person that has obtained the regulatory exemption under Article 38-2 (3) (including persons that have obtained temporary permission under paragraph (6)) shall, if the statutes and regulations providing the basis for permission or other authorization for the relevant new IC and IC convergence technologies and services are improved, obtain the permission or other authorization under the statutes and regulations without delay. |
| (9) | A person that has obtained a regulatory exemption under Article 38-2 (3) (excluding persons that have requested the improvement of the statutes and regulations under paragraph (3)) shall submit the results of application of the regulatory exemption and the results of the business to the Minister of Science and ICT and the head of the relevant agency within 30 days from the expiration date of the validity period. In this case, paragraphs (4) and (5) shall apply mutatis mutandis to procedures necessary for improvement of the statutes and regulations. |
| (10) | The Minister of Science and ICT may disclose the results of application of regulatory exemptions under paragraphs (3) through (9) to activate the markets related to IC and IC convergence technologies and services. |
| (11) | Matters necessary for details related to paragraphs (1) through (10) and procedures for extension of regulatory exemptions for demonstration and other matters related thereto shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 10, 2022]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 39 (Financial resources) |
The Minister of Science and ICT may use the Broadcast Communications Development Fund under Article 24 of the Framework Act on Broadcasting Communications Development and the Fund for the Promotion of Information and Communications under Article 41 of the Information and Communications Technology Industry Promotion Act for information and communications promotion and to convergence activation. <Amended on Jul. 26, 2017>
Where the Minister of Science and ICT intends to impose the following disposition, he or she shall hold a hearing: <Amended on Jul. 26, 2017; Oct. 16, 2018>
| 1. | Revocation of certification under Article 17 (5); |
| 2. | Revocation of temporary permission under Article 38 (1); |
| 3. | Revocation of the granting of a regulatory exemption for demonstration under Article 38-4 (1). |
| Article 40-2 (Special cases concerning immunity in proactive administration) |
A member of the Deliberative Committee; public official of the Ministry of Science and ICT or a related agency; executive or employee of an institution, corporation, or organization; and non-public official member of any of the committees under the subparagraphs of Article 42 shall not be held accountable through a demand for demand for disciplinary action, a demand for reprimand, or other such demand under Article 34-3 of the Board of Audit and Inspection Act or Article 23-2 of the Act on Public Sector Audits for the results of proactively handling the duties under Articles 36, 36-2, 37, 38-2, 38-3, and 38-5 for the public interest if there is no intent or gross negligence in his or her act.
[This Article Newly Added on Oct. 22, 2024]
The Minister of Science and ICT may award official commendations or pay monetary rewards to persons who have contributed to the invigoration of industries related to IC and IC convergence technologies and services by actively performing their duties.
[This Article Newly Added on Oct. 22, 2024]
| Article 41 (Delegation of authority and entrustment of tasks) |
| (1) | The authority of the Minister of Science and ICT under this Act may be partially delegated to the heads of agencies under the Minister’s control as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may partially entrust relevant entities, organizations, etc. with the tasks under this Act as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| Article 42 (Legal fiction as public officials for purposes of applying penalty provisions) |
Any executive officer, employee, or member of an entity, corporation, or organization falling under any of the following subparagraphs who is not a public official shall be considered a public official for purposes of applying Articles 129 through 132 of the Criminal Act: <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 16, 2018; Mar. 21, 2023>
| 1. | A working committee under Article 7 (5); |
| 1-2. | The Deliberative Committee; |
| 2. | Deleted; <Jun. 9, 2020> |
| 3. | A specialized institution designated by the Minister of Science and ICT for projects for the standardization of IC and IC convergence technologies, services, etc. in accordance with Article 16 (3); |
| 4. | An IC and IC convergence technology and service certification body designated by the Minister of Science and ICT in accordance with Article 17 (3); |
| 5. | A dedicated organization designated by the Government for digital content promotion and activation projects in accordance with Article 21 (3); |
| 6. | A research institute under Article 24; |
| 7. | A specialized institutions designated by the Minister of Science and ICT and the Minister of the Interior and Safety in accordance with Article 29 (4); |
| 8. | A corporation or organization established, entrusted, or operated by the Minister of Science and ICT in accordance with Article 32 (3); |
| 9. | A testing and inspection agency designated by the Minister of Science and ICT in accordance Article 37 (5); |
| 10. | An entity or organization to which the Minister of Science and ICT has entrusted some of the tasks under this Act in accordance with Article 41 (2). |
[Title Amended on Mar. 21, 2023]
| Article 43 (Prohibition of divulging confidential information) |
The executive officers and employees of entities, corporations, or organizations falling under any of the subparagraphs of Article 42 or those who formerly held in such positions shall not divulge confidential information that they have learned in the course of performing their duties..
CHAPTER VI PENALTY PROVISIONS
| Article 44 (Penalty provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Oct. 16, 2018> |
| 1. | A person who obtains certification under Article 17 (2) by fraud or other improper means; |
| 2. | A person who obtains temporary permission under Article 37 by fraud or other improper means. |
| 3. | A person who obtains a regulatory exemption for demonstration under Article 38-2 by fraud or other improper means; |
| 4. | A person who divulges confidential information that he or she has learned in the course of performing his or her duties, in violation of Article 43. |
| (2) | A person indicating a mark of certification or similar thereto without obtaining certification, in violation of the latter part of Article 17 (4) shall be punished by a fine not exceeding 5 million won. |
| Article 45 (Joint penalty provisions) |
If the representative of a corporation or organization or an agent, employee of, or any other person employed by a corporation, organization, or individual commits any violation described in Article 44 in performing the duties of the corporation, organization, or individual, not only shall the violator be punished but the corporation, organization, or individual shall also be punished by a fine prescribed in the relevant provisions; provided, the foregoing shall not apply where the corporation, organization, or individual has not been negligent in giving considerable due care and supervision in connection with the duties in order to prevent such violation.
| Article 46 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Oct. 16, 2018> |
| 1. | A person that fails to purchase liability insurance, etc. in violation of Article 37 (10) (including cases where Article 37 (10) shall apply mutatis mutandis under Article 38-3 (6)) (excluding cases where a separate compensation plan is prepared under the proviso of Article 37 (10)); |
| 2. | A person that sells, uses, provides, etc. the technologies and services after temporary permission therefor is revoked, in violation of Article 38 (3); |
| 3. | A person who fails to submit the results of granting a regulatory exemption for demonstration to the Minister of Science and ICT and the head of relevant agency, in violation of Article 38-3 (3); |
| 4. | A person who sells, uses, or supplies the relevant technologies or services after the granting of a regulatory exemption for demonstration is revoked, in violation of Article 38-4 (4). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Science and ICT as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
ADDENDUM <Act No. 12032, Aug. 13, 2013>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of an Act, among the Acts amended under Article 6 of the Addenda, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the respective date the relevant Act enters into force.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13016, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the provisions amending an Act which was promulgated before this Act enters into force, but the enforcement date of which has yet to arrive, among the Acts amended under Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15786, Oct. 16, 2018>
Article 1 (Enforcement date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional measures concerning fast-track process)
Notwithstanding the amended provisions of Article 36, the previous provisions shall apply to an application for fast-track process filed with the Minister of Science and ICT under the previous provisions as at the time this Act enters into force.
Article 3 (Transitional measures concerning temporary permission)
Notwithstanding the amended provisions of Article 37, the previous provisions shall apply to an application for temporary permission filed with the Minister of Science and ICT under the previous provisions as at the time this Act enters into force.
Article 4 (Transitional measures concerning working committee for the promotion of vitalization)
Acts conducted by the activation promotion working committee under the previous provisions before this Act enters into force shall be deemed to be acts by the working committee under this Act.
Article 5 Omitted.
ADDENDA <Act No. 17344, Jun. 9, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 17347, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17348, Jun. 9, 2020>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDUM <Act No. 17356, Jun. 9, 2020>
This Act shall enter into one year after the date of its promulgation.
ADDENDUM <Act No. 18202, Jun. 8, 2021>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDUM <Act No. 18482, Oct. 19, 2021>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 18872, Jun. 10, 2022>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDUM <Act No. 19240, Mar. 21, 2023>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 19990, Jan. 9, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 20071, Jan. 23, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to revocation of temporary permission)
The amended provisions of Article 38 (1) 5 shall begin to apply to cases where temporary permission is granted after this Act enters into force.
Article 3 (Applicability to revocation of granting of regulatory exemptions for demonstration)
The amended provisions of Article 38-4 (1) 5 shall begin to apply where a regulatory exemption for demonstration is granted after this Act enters into force.
ADDENDA <Presidential Decree No. 20352, Feb. 27, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20482, Oct. 22, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, the amended provisions of Articles 40-2 and 40-3 shall enter into force on the date of their promulgation.
Article 2 (Applicability to simplification of procedures)
The amended provisions of Articles 37 (4) and 38-2 (7) shall also apply where an application for temporary permission or an application for a regulatory exemption for demonstration is filed under Article 37 (1) or 38-2 (1) before this Act enters into force.