ENFORCEMENT DECREE OF THE SPECIAL ACT ON INFORMATION AND COMMUNICATIONS PROMOTION AND CONVERGENCE ACTIVATION
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
Presidential Decree No. 34657, Jul. 2, 2024
Presidential Decree No. 34964, Oct. 29, 2024
Presidential Decree No. 35442, Apr. 15, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Special Act on of Information and Communications Promotion and Convergence Activation and other matters necessary for the enforcement thereof.
| Article 2 (Scope of public institutions) |
"Other corporations, organizations, or institutions prescribed by Presidential Decree" in Article 2 (1) 10 (d) of the Special Act on Information and Communications Promotion and Convergence Activation (hereinafter referred to as the "Act") means schools of various levels under the Elementary and Secondary Education Act and the Higher Education Act, and schools established under other statutes.
CHAPTER II ESTABLISHMENT OF SYSTEM FOR INFORMATION AND COMMUNICATIONS PROMOTION AND CONVERGENCE ACTIVATION
| 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 information and communications promotion and convergence activation (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 by no later than April 30 each year. <Amended on Jul. 26, 2017> |
| (2) | The head of each relevant central administrative agency shall formulate an action plan for the fields under his or her jurisdiction to be implemented in the following year in accordance with the formuation guidelines under paragraph (1) and submit it to the Strategy Committee for Information and Communications under Article 7 (1) of the Act (hereinafter referred to as the "Strategy Committee") through the Minister of Science and ICT by no later than June 30 every year. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may examine the budget and funding plan for the master plan formulated under Article 5 (1) of the Act (hereinafter referred to as "master plan") and the action plan submitted under and paragraph (2), and notify the Minister of Economy and Finance of his or her opinion. <Amended on Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may, if necessary, request the heads of relevant central administrative agencies to revise, supplement, or adjust their action plans to ensure linkage between the basic plan and the actions plans. <Amended on Jul. 26, 2017> |
| (5) | The Strategy Committee shall deliberate and decide on an action plan submitted under 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 under paragraph (5), and publicly notify the action plan. <Amended on Jul. 26, 2017> |
| Article 4 (Organization of Strategy 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 Strategy Committee in connection with agenda items submitted to the Strategy Committee. |
| (2) | The term of office of a member appointed under Article 7 (2) of the Act shall be 2 years; provided, 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 under Article 7 (2) of the Act falls under any of the following cases, the Prime Minister may dismiss the member from the Committee: <Added on Dec. 31, 2015> |
| 1. | Where he or she becomes unable to perform his or her duties due to mental or physical disability; |
| 2. | Where he or she commits misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unfit to serve as a member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where he or she makes it clear that it is difficult for him or her to perform his or her duties. |
| Article 5 (Meetings of Strategy Committee) |
| (1) | The Chairperson of the Strategy Committee may convene a meeting if deemed necessary. |
| (2) | If the Chairperson of the Strategy Committee convenes a meeting, he or she shall inform each member of the date, time, venue, of the meeting and agenda items in writing at least 7 days before the meeting; provided, this shall not apply in cases of urgency or unavoidable circumstances. |
| (3) | The Strategy 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 Strategy Committee may, when deemed necessary, have the heads of relevant central administrative agencies to attend the meeting to present their opinions regarding agenda items in their respective fields or have relevant experts attend the meeting to hear their opinions. |
| Article 6 (Operation of Strategy Committee) |
| (1) | The Minister of Science and ICT shall assist the Chairperson of the Strategy Committee and manage the affairs of the Strategy Committee upon the order of the Chairperson. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may assign public officials under his or her supervision to support the operation of the Strategy Committee for its efficient performance of duties. <Amended on Jul. 26, 2017> |
| (3) | Except as provided in paragraphs (1) and (2), details necessary for the operation of the Strategy Committee shall be determined by the Chairperson of the Strategy Committee after resolution by the Strategy Committee. |
| Article 7 (Composition and operation of working committee) |
| (1) | The working committee established under Article 7 (5) of the Act (hereinafter referred to as the "working committee") shall be comprised of up to 20 members appointed or commissioned by the Chairperson of the Strategy Committee from among the following persons, taking into account of their gender. In this case, civilian members shall constitute a majority: <Amended on Jul. 26, 2017; Jan. 15, 2019> |
| 1. | A public official of at least Grade III of a relevant central administrative agency (including an public official of the Senior Executive Service), who is designated by the head of the relevant central administrative agency; |
| 2. | An associate professor or higher at a university or a person who has worked or is working for a research institute related to information and communications for at least 5 years; |
| 3. | 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 5 years; |
| 4. | A person who has worked or is working at a civic organization related to information and communications for at least 5 years; |
| 5. | A person who is qualified as a judge, prosecutor, or attorney-at-law and has at least 5 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, humanities, or other fields. |
| (2) | The chairperson of the working committee shall be designated by the Chairperson of the Strategy Committee from among members of the working committee. <Amended on Jan. 15, 2019> |
| (3) | The term of office of civilian members commissioned under paragraph (1) shall be 2 years; provided, 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 designates a member in accordance with paragraph (1) 1 may revoke the designation of the member where he or she falls under any of the following cases: <Added on Dec. 31, 2015> |
| 1. | Where he or she becomes unable to perform his or her duties due to mental or physical disability; |
| 2. | Where he or she commits misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unfit to serve as a member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where he or she makes it clear that it is difficult for him or her to perform his or her duties. |
| (5) | Where any subparagraph of paragraph (4) applies to a member commissioned under paragraph (1) 2 through 6, the Chairperson of the Strategy Committee may decommission the member. <Added 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 Strategy Committee" shall be construed as "the working committee". <Amended on Dec. 31, 2015; Jan. 15, 2019> |
[Title Amended on Jan. 15, 2019]
| Article 8 (Composition and operation of specialized committees) |
| (1) | Where necessary to support the Strategy Committee and the working committee under Article 7 (6) of the Act, specialized committees may be organized for each of the following fields: <Amended on Jan. 15, 2019> |
| 1. | Planning and budgeting; |
| 2. | Information and communications convergence; |
| 5. | Information protection; |
| 6. | Other fields necessary for supporting the Strategy 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 that oversee work in the fields under the subparagraphs of paragraph (1), who are designated by the heads of the relevant agencies; |
| 2. | Persons commissioned by the Minister of Science and ICT from among experts in technology, law, etc. in the fields under the subparagraphs of paragraph (1). |
| (3) | A person who designates a member under paragraph (2) 1 may withdraw the designation if the member falls under any of the following cases: <Added on Dec. 31, 2015> |
| 1. | Where he or she becomes unable to perform his or her duties due to mental or physical disability; |
| 2. | Where he or she commits misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unfit to serve as a member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where he or she makes it clear that it is impractical for him or her to perform his or her duties. |
| (4) | Where a member commissioned under paragraph (2) 2 falls under any of the subparagraphs of paragraph (3), the Minister of Science and ICT may decommission the member. <Added on Dec. 31, 2015; Jul. 26, 2017> |
| Article 8-2 (Organization of Deliberative Committee on New Technologies and Services) |
| (1) | A person that has extensive expertise and experience in information and communications and information and communications convergence (hereinafter referred to as "IC and IC convergence") technologies and services under Article 10-2 (2) 1 of the Act shall be any of the following persons: |
| 1. | A person who has served for at least 5 years at a research institute or enterprise related to IC and IC convergence technologies and services; |
| 2. | A person who has at least 5 years' experience as a professional engineer in a field related to IC and IC convergence technologies and services; |
| 3. | A person who has qualified as an attorney-at-law or patent attorney with at least 5 years of experience; |
| 4. | A person who holds the rank of associate professor or higher at a university. |
| (2) | Relevant central administrative agencies under 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 under Article 10-2 (1) of the Act (hereinafter referred to as the "Deliberative Committee") in relation to 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 2 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 under 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) | A specialized committee under Article 10-2 (3) of the Act shall be organized according to the following categories whenever agenda items are to be handled: <Amended on Apr. 15, 2025> |
| 1. | A specialized committee that handles the matters under Article 10-2 (3) 1 of the Act (hereinafter referred to as the "fast-track subcommittee"); |
| 2. | A specialized committee that handles the matters under Article 10-2 (3) 2 through 4 of the Act (hereinafter referred to as "case-specific subcommittee"). |
| (6) | The fast-track subcommittee shall be comprised of at least 7 and up to 20 members, including 1 chairperson, and the members shall be appointed or commissioned by the Chairperson of the Deliberative Committee from among the following persons, but shall include at least 1 member under subparagraph 1. In this case, the chairperson of the fast-track subcommittee shall be appointed by the Chairperson of the Deliberative Committee from among the members of the fast-track subcommittee: <Added on Apr. 15, 2025> |
| 1. | Members of the Deliberative Committee; |
| 2. | Public officials of central administrative agencies and local governments related to IC and IC convergence technologies and services subject to deliberation (hereinafter referred to as "relevant agencies"); |
| 3. | Other persons with extensive expertise and experience in IC and IC convergence technologies and services. |
| (7) | Each case-specific subcommittee shall be comprised of at least 5 and up to 20 members, including 1 chairperson, and the members shall be appointed or commissioned by the Chairperson of the Deliberative Committee from among the following persons, but shall include at least 1 member under subparagraph 1. In this case, the chairperson of the case-specific subcommittee shall be appointed by the Chairperson of the Deliberative Committee from among the members of the case-specific subcommittee: <Added on Apr. 15, 2025> |
| 1. | Members of the Deliberative Committee; |
| 2. | Public officials of agencies related to IC and IC convergence technologies and services subject to review; |
| 3. | Other persons with extensive expertise and experience in IC and IC convergence technologies and services. |
| (8) | Meetings of the fast-track subcommittee and the case-specific subcommittees shall be convened with the attendance of a majority of the members under Articles 6 and 7, and any decision thereof shall require the concurring vote of a majority of the members present. <Added on April 15, 2025> |
| (9) | The Deliberative Committee shall have 1 executive secretary to handle its business affairs, who shall be appointed by the Minister of Science and ICT from among public officials who hold positions at the deputy minister level or higher under the jurisdiction of the Ministry of Science and ICT. <Amended on Apr. 15, 2025> |
| (10) | Except as provided in paragraphs (1) through (9), the matters necessary for the composition and operation of the Deliberative Committee, the fast-track subcommittee, and the case-specific subcommittees shall be determined by the Chairperson of the Deliberative Committee through resolution by the Deliberative Committee. <Amended on Apr. 15, 2025> |
[This Article Added on Jan. 15, 2019]
| Article 8-3 (Exclusion of, challenge to, or recusal of member of Deliberative Committee or other committee) |
| (1) | A member of the Deliberative Committee or the fast-track subcommittee shall be excluded from deliberation and resolution on the relevant agenda item in any of the following cases: <Amended on Apr. 15, 2025> |
| 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 3 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 the member with the Deliberative Committee and the fast-track subcommittee, and the Deliberative Committee and the fast-track subcommittee shall make a decision on the request by resolution. In this regard, the challenged member shall not participate in the resolution. <Amended on Apr. 15, 2025> |
| (3) | Where a member falls under any of the grounds for exclusion under the subparagraphs of paragraph (1), he or she shall recuse himself or herself from the deliberation and resolution on the relevant agenda item. |
| (4) | The Minister of Science and ICT may dismiss a member commissioned under Article 10-2 (2) of the Act or Article 8-2 (6) or (7) of this Decree in any of the following cases: <Amended on Apr. 15, 2025> |
| 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 misconduct in connection with 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 makes it clear that it is difficult for him or her to perform his or her duties. |
| 5. | Where he or she fails to refrain though he or she falls under any subparagraph of paragraph (1). |
[This Article Added on Jan. 15, 2019]
[Title Amended on Apr. 15, 2025]
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 Strategy Committee, the working committee, the specialized committees under Article 8, the Deliberative Committee, the fast-track subcommittee, or the case-specific subcommittees within the budget; provided, the foregoing shall not apply where a public official attends a meeting of any of the committees in direct connection with his or her duties. <Amended on Jan. 15, 2019; Apr. 15, 2025>
| 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 IC and IC convergence technologies and services 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, etc.; |
| 3. | Other entities 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 information and communications promotion and convergence activation. |
| (2) | A fact-finding survey shall be conducted by means of field survey, written survey, statistical survey, literature review, etc.; and if 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 survey plan, including the purpose, objects methods, and duration of the survey, and inform survey subjects of the plan in writing at least 7 days before the commencement of the survey. <Amended on Jul. 26, 2017> |
| (4) | The Minister of Science and ICT shall publish the results of fact-finding surveys in the Official Gazette or publicly announce them on the Ministry’s website. <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 (Information and communications-related departments and internship companies) |
| (1) | "Information and communications-related departments prescribed by Presidential Decree" in Article 12 (1) of the Act means any of the following departments related to IC and IC convergence fields: |
| 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. | Digital content-related departments; |
| 9. | Internet services-related departments; |
| 10. | Departments related to IC and IC convergence fields prescribed by the academic regulations of universities, colleges, industrial colleges, teachers' colleges, junior colleges, distance 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; Jul. 2, 2024> |
| 1. | Small and medium enterprises under Article 2 (1) of the Framework Act on Small and Medium Enterprises; |
| 2. | Venture businesses prescribed in Article 2 (1) of the Special Act on the Promotion of Venture Businesses; |
| 3. | Self-employed creative enterprises under Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises; |
| 4. | Corporations, organizations, or institutions under Article 4 of the Act on the Management of Public Institutions; |
| 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 and regulations; |
| 7. | Other domestic and foreign entities, enterprises, or organizations related to IC and IC convergence fields, which are prescribed by academic regulations as suitable for the operation of a practical training semester system of the university. |
| Article 13 (Eligibility for credit-bearing internship program) |
| (1) | Persons who are eligible for the credit-bearing internship program under Article 12 (1) of the Act (hereinafter referred to as the "internship program") is applicable are persons majoring, double-majoring, or minoring in any of the departments under the subparagraphs of Article 12 (1). |
| (2) | Duties covered by the internship program shall be duties related to any of the following fields: |
| 1. | Software development and implementation; |
| 2. | Hardware design, development, and implementation; |
| 3. | Information and communications services; |
| 4. | Other duties related to IC and IC convergence fields. |
| Article 14 (Operation and support of internship programs) |
| (1) | Where the Minister of Science and ICT formulates policy measures for the operation of and support for internship programs, he or she shall consult with the Minister of Education. <Amended on Jul. 26, 2017> |
| (2) | The scope of support for universities and training businesses that have introduced an internship program under Article 12 (3) of the Act is as follows: |
| 1. | Expenses for universities in operating internship programs; |
| 2. | Expenses for training businesses in setting up facilities and equipment setup, securing dedicated personnel, and purchasing industrial accident compensation insurance; |
| 3. | Expenses for textbooks, lab equipment, instructor fees, and various allowances related to internship programs at universities and training businesses; |
| 4. | Expenses for internship program workforce development, including on-the-job trainee labor. |
| (3) | The Minister of Science and ICT may request cooperation from the heads of relevant central administrative agencies so that universities or training businesses may receive support under paragraph (2) for the smooth operation of the internship program. In such cases, the heads of relevant central administrative agencies shall actively 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 Information and Communications Technologies and Services
| Article 16 (Designation targets for promising technologies and services) |
The Minister of Science and ICT may designate any of the following technologies, services (including digital content; 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, either ex officio or upon application: <Amended on Jul. 26, 2017>
| 1. | IC and IC convergence technologies, services, etc. developed domestically that are deemed to possess novelty, innovativeness, and commercialization potential; |
| 2. | IC and IC convergence technologies, services, etc. that have been introduced and improved in foreign countries and are deemed to possess novelty, innovativeness, and commercialization potential in the Republic of Korea. |
| Article 17 (Methods of designating promising technologies and services) |
| (1) | A person who seeks to have his or her technologies, services, etc. designated as promising technologies, services, etc. under Article 15 (1) of the Act shall submit to the Minister of Science and ICT a document stating the following: <Amended on Jul. 26, 2017> |
| 1. | Name of promising technologies, services, etc., and background of development; |
| 2. | Content and scope of promising technologies, services, etc. (including the gist of the promising technologies, services, etc. and its novelty, Innovativeness, and possible connectivity with other industries); |
| 3. | Name of the person that 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 activation of IC and IC convergence at home and abroad or their linkage with other industries; |
| 5. | Other matters deemed necessary for designation, such as experimental results of promising technologies, services, etc. |
| (2) | When the Minister of Science and ICT receives an application for designation under paragraph (1), he or she shall decide whether to designate technologies, services, etc. as promising technologies, services, etc. within 90 days from the date of receipt of the application and inform the applicant. <Amended on Jul. 26, 2017> |
| (3) | When 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 opinions from relevant entities, including institutes, associations, and learned societies related to the promising technologies, services, etc. to be designated. <Amended on Jul. 26, 2017; Jan. 15, 2019> |
| (4) | Where the Minister of Science and ICT intends to hear the opinions of interested parties under paragraph (3), he or she shall publicly announce the main content 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) | Except as provided in paragraphs (1) through (5), matters necessary for the detailed examination standards, procedures, etc. for the designation of promising technologies, services, etc. 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. under 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, if necessary, request a person in receipt of support under paragraph (1) to submit a business result report on the supported project. <Amended on Jul. 26, 2017> |
| (3) | Matters necessary for procedures, etc. for providing support under paragraph (1) shall be prescribed by Decree 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 specialized institutions for standardization projects of IC and IC convergence technologies, services, etc. under Article 16 (3) of the Act are as follows: |
| 1. | They shall be a non-profit corporation or organization; |
| 2. | They shall have dedicated workforce, organizational structure, and work performance system required for the implementation of standardization projects; |
| 3. | They shall have a track record of establishment, revision, abolishment, and dissemination of standards for IC and IC convergence; |
| 4. | They shall have a track record of professional investigation, research, consulting, education, etc. related to the standardization of IC and IC convergence. |
| (2) | Where the Minister of Science and ICT designates a specialized institution under Article 16 (3) of the Act, he or she shall publicly notify the content thereof in the Official Gazette. <Amended on Jul. 26, 2017> |
| (3) | A specialized institution designated under Article 16 (3) of the Act shall perform the following projects: |
| 1. | Survey on the demand for standards related IC and IC convergence technologies, services, etc.; |
| 2. | Formulation, revision, abolishment, and dissemination of standards related to IC and IC convergence technologies, services, etc.; |
| 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 IC and IC convergence technologies, services, etc.; |
| 5. | Support for international standardization activities related to IC and IC convergence technologies, services, etc.; |
| 6. | Planning, evaluation, management, and dissemination of standardization projects related to IC and IC convergence technologies, services, etc.; |
| 7. | Support for conformity verification, application, or utilization of standards related to IC and IC convergence technologies, services, etc.; |
| 8. | Enhancement of cooperation with industy, academia, or research institutes on standards related to IC and IC convergence technologies, services, etc.; |
| 9. | Other matters necessary for the standardization of IC and IC convergence technologies, services, etc., including publicity, education, training, and exhibition on standards related to IC and IC convergence technologies, services, etc. |
| Article 20 (Standards for designation of quality certification bodies) |
| (1) | Standards for designation of a quality certification body for IC and IC convergence technologies, services, etc. under Article 17 (3) of the Act (hereinafter referred to as "certification body") are as specified in Appendix 1. <Amended on Dec. 30, 2016> |
| (2) | Where the Minister of Science and ICT designates a certification body, he or she shall publicly notify the content 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 under Article 17 (2) of the Act shall apply for quality certification to a certification body as prescribed by Decree of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
| (2) | Upon receipt of an application under paragraph (1), the certification body 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 the quality standards. |
| (3) | Where the certification body grants quality certification under paragraph (2), it shall issue a certificate of quality to the applicant as prescribed by Decree of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
| (4) | The certification body may charge a person applying for quality certification under paragraph (1) a fee for the certification. |
| (5) | A person who obtains quality certification under paragraph (2) may attach a mark indicating the certification has been obtained (hereinafter referred to as "certification mark"), to products, documents, etc. in which IC and IC convergence technologies, services, etc. are realized. |
| (6) | Except as provided in paragraphs (2) through (5), matters necessary for certification examination standards, certification fees, indication of certification marks, and other related matters 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 damages arising from quality certification) |
The scope of the business of guaranteeing compensation for damages arising from quality certification of IC and IC convergence technologies, services, etc. under Article 17 (6) of the Act shall cover all or part of the following:
| 1. | Performance liability related to supply contracts for quality-certified technologies, services, etc.; |
| 2. | Warranty liability for restoration, modification, cessation, etc. of quality-certified technologies, services, etc.; |
| 3. | Compensation liability for damages suffered by a third party due to quality-certified technologies, services, etc.; |
| 4. | Other liabilities determined by the person engaged in the business of guaranteeing compensation for damages as necessary to ensure that quality-certified technologies, services, etc. meet quality standards. |
| Article 23 (Revocation of quality certification) |
When the Minister of Science and ICT revokes quality certification in accordance with Article 17 (5) of the Act, he or she shall publicly announce the fact in the Official Gazette or on the Ministry’s website. <Amended on Jul. 26, 2017>
| Article 24 (Methods for supporting research and development of small and medium enterprises) |
| (1) | "At least the certain percentage prescribed by Presidential Decree" in Article 18 (1) of the Act means a percentage of at least 15/100, as determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may provide the following support for the vitalization of investment in and financing for the intellectual property rights of small and medium enterprises and venture businesses in accordance with Article 18 (2) of the Act: <Amended on Jul. 26, 2017> |
| 1. | Valuation of intellectual property rights of small and medium enterprises and venture businesses; |
| 2. | A portion of research and development expenses for intellectual property rights, including patent rights, if small and medium enterprises and venture businesses participate in national research and development programs; |
| 3. | Joint use by small and medium enterprises and venture businesses of research equipment owned by research institutes acquired through national research and development programs; |
| 4. | Other matters deemed necessary by the Minister of Science and ICT for the vitalization of investment in and financing for the intellectual property rights of small and medium enterprises and venture businesses. |
| (3) | Details 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 if deemed necessary due to the characteristics of promising technologies, services, etc.: <Amended on Jul. 26, 2017> |
| 1. | In cases falling under paragraph (2) 1: Within 6 months; |
| 2. | In cases falling under paragraph (2) 2: Within 3 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> |
| 1. | Universities, colleges, industrial colleges, junior colleges, or technical colleges under Article 2 of the Higher Education Act; |
| 2. | Government-funded science and technology research institutes under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 3. | Industrial technology research cooperatives under the Industrial Technology Research Cooperatives Support Act; |
| 4. | The Korea Institute for the Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act; |
| 5. | The Korea Planning and Evaluation Institute of Industrial Technology under Article 39 of the Industrial Technology Innovation Promotion Act; |
| 6. | The Korea Testing Laboratory under Article 41 of the Industrial Technology Innovation Promotion Act; |
| 7. | The Specialized Manufacturing Technology Research Institute under Article 42 of the Industrial Technology Innovation Promotion Act; |
| 8. | The National IT Promotion Agency referred to in Article 26 of the Information and Communications Technology Industry Promotion Act (hereinafter referred to as "National IT Industry Promotion Agency"); |
| 9. | The Korea Communications Agency under Article 66 of the Radio Waves Act; |
| 10. | The Korea Radio Promotion Association under Article 66-2 of the Radio Waves Act; |
| 11. | The Korea Association for ICT Promotion under Article 15 of the Framework Act on Broadcasting Communications Development; |
| 12. | The Telecommunications Technology Association under Article 34 of the Framework Act on Broadcasting Communications Development; |
| 13. | The National Information Society Agency under Article 12 of the Framework Act on Intelligent Informatization; |
| 14. | The Korea Internet and Security Agency under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; |
| 15. | The Korea SMEs and Startups Agency under Article 68 of the Small and Medium Enterprises Promotion Act; |
| 16. | The Korea Technology and Information Promotion Agency for SMEs under Article 20 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises; |
| 17. | Operators of business incubators referred to in Article 53 of the Support for Small and Medium Enterprise Establishment Act; |
| 18. | Specific research institutes under Article 2 of Specific Research Institutes Support Act; |
| 19. | Research institute established under the Civil Act or any other statute, which is a corporation in a field related to IC and IC convergence; |
| 20. | National and public research institutes; |
| 21. | Other entities, 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 Decree 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 promising 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 commercialization support compensation) |
| (1) | The compensation for commercialization under Article 19 (2) of the Act is the amount determined by the Minister of Science and ICT (hereinafter referred to as "commercialization compensation") within the range of 50/100 of the amount supported by the Minister of Science and ICT under Article 19 (1) of the Act, or within the range 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 the commercialization compensation to be paid in installments, and may reduce a certain amount for a person that pays the commercialization compensation in a lump sum or makes a partial advance payment. <Amended on Jul. 26, 2017> |
| (3) | Except as provided in paragraphs (1) and (2), details necessary for the collection, management, etc. of commercialization compensation shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
SECTION 3 Promotion of Digital Content and Software
| Article 27 (Digital content promotion and activation projects) |
| (1) | "Matters prescribed by Presidential Decree" in Article 21 (2) 6 of the Act means the following support: |
| 1. | Support for digital content investment and financing; |
| 2. | Support for business start-up in the digital content field; |
| 3. | Support for standardization and technology development related to digital content; |
| 4. | Support for activation of the discovery, production and distribution of diverse digital content through convergence with adjacent fields; |
| 5. | Support for expanding access to digital content and enhancing its usage safety; |
| 6. | Support for laying foundations and marketing for overseas expansion of digital content; |
| 7. | Legal support and management advisory support for digital content-related business; |
| 8. | Other support necessary for facilitating the production and use of diverse and sound digital content. |
| (2) | A person eligible to be designated as a dedicated organization for digital content promotion and activation under Article 21 (3) of the Act are as follows: <Amended on May 12, 2020> |
| 1. | The Korea Communications Agency under Article 66 of the Radio Waves Act; |
| 2. | The Korea Radio Promotion Association under Article 66-2 of the Radio Waves Act; |
| 3. | The Korea Internet and Security Agency prescribed in Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; |
| 4. | The National IT Industry Promotion Agency; |
| 5. | The Korea Creative Content Agency established under Article 31 of the Framework Act on the Promotion of Cultural Industries; |
| 6. | The Korea Association for ICT Promotion under Article 15 of the Framework Act on Broadcasting Communications Development; |
| 7. | The Telecommunications Technology Association under Article 34 of the Framework Act on Broadcasting Communications Development; |
| 8. | Other corporations, institutions, or organizations related to the broadcasting and communications industry, radio waves industry, and digital content industry. |
| Article 28 (Fact-finding survey to establish digital content distribution order) |
| (1) | Where the Minister of Science and ICT conducts a fact-finding survey of distribution channels, etc. of digital content under Article 22 (2) of the Act, he or she shall include following: <Amended on Jul. 26, 2017> |
| 1. | Matters regarding the current digital content market status and industry environment; |
| 2. | Distribution channels and distribution structures related to the planning, production, sale, distribution and use of digital content; |
| 3. | Revenue distribution related to digital content distribution; |
| 4. | Matters regarding the trade practices and behavior of digital content providers; |
| 5. | Actual status of utilization of the digital content standard contract; |
| 6. | Domestic and international market trends related to the distribution of digital content; |
| 7. | Other matters necessary to improve digital content distribution structures and to establish a fair distribution order. |
| (2) | If necessary for conducting fact-finding surveys under Article 22 (2) of the Act, the Minister of Science and ICT may request public institutions, digital content providers, or corporations and organizations related to the digital content industry to submit relevant data, state their opinions, etc. <Amended on Jul. 26, 2017> |
| Article 29 Deleted. <Dec. 8, 2020> |
| Article 30 (Software research and development support system and evaluation method) |
| (1) | The head of a relevant central administrative agency may prepare a separate support system for the following types of software research and development in accordance with Article 26 (1) of the Act: |
| 1. | Research and development for adding innovative functions or improving the performance of previously developed software technology or products; |
| 2. | Research and development conducted by multiple research institutes competing for the same research project; |
| 3. | Research and development supported by differentiated government funding based on the evaluation results after the completion of the research and development; |
| 4. | Other types of research and development and methods of support deemed necessary by the head of a relevant central administrative agency. |
| (2) | Where the head of a relevant central administrative agency determine a software research and development evaluation method under Article 26 (1) of the Act, he or she shall consider the following matters: |
| 1. | The challenging nature of the research and development objectives and creativity of the research and development methodology; |
| 2. | Adequacy of software quality in consideration of the research and development stage; |
| 3. | Innovativeness and commercialization potential of the research and development outcomes; |
| 4. | Other matters deemed necessary by the head of the relevant central administrative agency to enhance the reliability of the evaluation method 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 dedicated organization) |
| (1) | The Minister of Science and ICT may designate any of the following organizations or corporations as a dedicated organization in accordance with Article 27-2 (3) of the Act: |
| 1. | The Telecommunications Technology Association under Article 34 of the Framework Act on Broadcasting Communications Development; |
| 2. | The National IT industry Promotion Agency prescribed in Article 26 of the Information and Communications Technology Industry Promotion Act; |
| 3. | The National Information Society Agency under Article 12 of the Framework Act on Intelligent Informatization; |
| 4. | The National Research Foundation of Korea under the National Research Foundation of Korea Act; |
| 5. | Any other organization or corporation that the Minister of Science and ICT recognizes as suitable for efficiently promoting the projects under the subparagraphs of Article 27-2 (2) of the Act. |
| (2) | When the Minister of Science and ICT designates a dedicated organization under paragraph (1), the Minister of Science and ICT shall publicly notify the fact in the Official Gazette and publicly announce it on the Ministry's website. |
[This Article Added on Jun. 10, 2021]
| Article 30-3 Deleted. <Oct. 29, 2024> |
| Article 31 (Information on contract status of information and communications equipment establishment projects in public sector) |
| (1) | "Information prescribed by Presidential Decree, including contract status of information and communications equipment" in Article 28 (3) of the Act means the following information: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Information and communications equipment establishment project name and scale; |
| 2. | Information and communications equipment product name and manufacturer name; |
| 3. | Quantity and contract amount; |
| 4. | Contract date and contractor name; |
| 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 2 months after the end of each fiscal year. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 32 (Submission of information and communications equipment demand forecasts) |
| (1) | The head of each central administrative agency, local government, and public institution shall submit its information on purchase demand for information and communications equipment and implementation plan for an information and communications equipment establishment project by the relevant deadline specified in 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 this case, the information and implementation plan may be submitted through an institution specialized in information and communications equipment establishment projects and demand forecasting under Article 29 (4) of the Act (hereinafter referred to as "specialized institution"): <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Information on purchase demand for information and communications equipment, and implementation plan for an information and communications equipment establishment project, for the relevant year: March 31 of each year; |
| 2. | Information on purchase demand for information and communications equipment, and implementation plan for an information and communications equipment establishment project, 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 publish the information on purchase demand information and communications equipment and implementation plans for information and comminications equipment establishment projects submitted under paragraph (1) within 30 days from the date of receipt. In this case, the information and implementation plans may be published through the specialized institutions. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | An institution eligible for designation as a specialized institution shall be any of the following: <Amended on Nov. 19, 2014; Jul. 26, 2017; May 12, 2020> |
| 1. | The Korea Communications Agency under Article 66 of the Radio Waves Act; |
| 2. | The Korea Internet and Security Agency under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; |
| 3. | The National IT Industry Promotion Agency; |
| 4. | Any other institution or organization recognized by the Minister of Science and ICT and the Minister of the Interior and Safety as having a professional workforce and dedicated unit for information and communications equipment establishment projects and demand forecasting. |
CHAPTER IV SUPPORT FOR INFORMATION AND COMMUNICATIONS AND INFORMATION AND COMMUNICATIONS CONVERGENCE ACTIVATION
SECTION 1 Venture Business Support and Technology Transfer Activation
| Article 33 (Specialized institutions for startup and overseas expansion projects of small and medium enterprises and venture businesses) |
"Entities and organizations prescribed by Presidential Decree" in Article 30 (2) of the Act means any the following entities and organizations: <Amended on Jul. 26, 2017>
| 1. | Corporations, organizations, or institutions under Article 4 of the Act on the Management of Public Institutions; |
| 2. | Non-profit corporations established under Article 32 of the Civil Act that conducts business related to IC and IC convergence; |
| 3. | Any other entity or organization recognized by the Minister of Science and ICT as having a professional workforce and dedicated unit necessary to start a business and implement overseas market expansion projects. |
| Article 34 (Organization and operation of global consultative body) |
| (1) | Members of a global consultative body under Article 31 (3) of the Act (hereinafter referred to as the "consultative body") shall be those commissioned by the Minister of Science and ICT from among persons with extensive expertise and experience in IC and IC convergence. <Amended on Jul. 26, 2017> |
| (2) | The head of the consultative body shall be elected by and among the members of the consultative body, whose term of office shall be 2 years. |
| (3) | The consultative body can operate divided by country and region; and meetings shall be held once a year in principle and may be convened by the head of the consultative body as necessary. |
| (4) | The consultative body shall discuss and coordinate the following activities: <Amended on Jul. 26, 2017> |
| 1. | Support for establishing and linking with local expert networks; |
| 2. | Advice on internationalization support projects related to information and communications promotion and convergence activation at home and abroad; |
| 3. | Support for on-site activities, such as guidance, advice, and investment for startups to expand overseas; |
| 4. | Support for other activities deemed necessary by the Minister of Science and ICT to support the start-up and overseas expansion of small and medium enterprises, venture businesses, etc. related to IC and IC convergence. |
| Article 35 (Projects for developing IC and IC convergence technologies and services) |
| (1) | Where necessary for promoting a project for developing IC and IC convergence technologies and services under Article 32 (2) of the Act, the Minister of Science and ICT may request national agencies, local governments, public institutions, and other entities or organizations that have participated in national research and development programs or are supporting or managing or national research and development programs, to submit documents necessary for the promotion of such project. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may implement 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 costs for IC and IC convergence technologies and services and projects concerning technology fees, etc. therefor; |
| 2. | Projects concerning the performance management, utilization, etc. of IC and IC convergence technologies and services; |
| 3. | Projects concerning the security of IC and IC convergence technologies and services and ensuring, etc. of research ethics; |
| 4. | Transactions and commercialization of IC and IC convergence technologies and services; |
| 5. | Other matters necessary for the development of IC and IC convergence technologies and services. |
| (3) | Where the head of a central administrative agency and the head of a local government intends to subsidize expenses incurred in implementing a project under Article 32 (4), they shall conclude an agreement with a dedicated organization containing the following matters: |
| 1. | Scope and method of the project and the person responsible for the management thereof; |
| 2. | Expenses and the time and method of paying such expenses; |
| 3. | Reporting and utilization of the results of project implementation; |
| 4. | Measures regarding the modification, rescission, and violation of the agreement; |
| 5. | Other matters necessary for the promotion of information and communications technology. |
| (4) | Where the head of a central administrative agency and the head of a local government subsidize expenses incurred in implementing a project under Article 32 (4) of the Act, they may pay the expenses in installments or in lump sum in consideration of the scale of the project, timing for starting the project, etc. |
| (5) | Except as provided in paragraphs (2) and (3), the details necessary for the operation, work performance, etc. of a dedicated organization shall be determined by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
| Article 36 (Collection of royalties) |
| (1) | Royalties collected under Article 34 (1) of the Act shall be determined by the Minister of Science and ICT within the scope of government contributions used for projects for developing IC and IC convergence technologies and services. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may allow payment of royalties under paragraph (1) in installments, and may grant reductions to a person that pays the royalties in lump sum or pays part of the payment in advance. <Amended on Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT intends to use royalties under 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 Activation of Information and Communications and Information and Communications Convergence
| Article 37 (Methods for implementing projects to encourage dissemination of IC and IC convergence culture) |
| (1) | The Minister of Science and ICT may annually select successful cases of public institutions and enterprises that have contributed to IC and IC convergence in accordance with Article 35 (1) 1 of the Act. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall actively publicize successful cases selected under paragraph (1) through mass media, such as newspapers, broadcasting, and Internet portal sites. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may award prizes to public institutions, enterprises, and individuals that have contributed to IC and IC convergence (hereinafter referred to as "outstanding information and communications convergence enterprises, etc.") and are selected under paragraph (1). <Amended on Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may, in consultations with the heads of relevant administrative agencies, prepare measures on administrative and financial support for outstanding information and communications convergence enterprises, etc. <Amended on Jul. 26, 2017> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for selection, support, and other such functions for outstanding information and communications enterprises, etc. shall be determined by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
| Article 38 (Provision of education and seminars for dissemination and activation of IC and IC convergence) |
| (1) | Where the Minister of Science and ICT intends to provide education for the dissemination and activation of IC and IC convergence under Article 35 (1) 2 of the Act, he or she shall formulate an education plan and notify the heads of public institutions. <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 implement the following projects in accordance with Article 35 (1) 3 of the Act: <Amended on Jul. 26, 2017> |
| 1. | Preferential treatment, in selecting a person qualified for a project to be implemented by the Minister of Science and ICT, to outstanding information and communications convergence enterprises and other such entities selected under Article 37 (1); |
| 2. | Exhibition and publicity of the outcomes of outstanding and promising technologies and services for IC and IC convergence technologies and services of small and medium enterprises, venture businesses, etc. related to IC and IC convergence technologies and services; |
| 3. | Holding successful case presentations for the activation and innovation of IC and IC convergence technologies and services; |
| 4. | Other projects necessary for the dissemination of IC and IC convergence culture. |
| Article 39 (Application for fast-track processing of new IC and IC convergence technologies and services) |
| (1) | A person who intends to apply for fast-track processing of new IC and IC convergence technologies and services under Article 36 (1) of the Act shall submit an application for fast-track processing as prescribed by Decree of the Ministry of Science and ICT, along with a description of the new IC and IC convergence technologies and services, to the Minister of Science and ICT. <Amended on Jan. 15, 2019> |
| (2) | Where it is deemed necessary to supplement the content of application, the Minister of Science and ICT or the head of the relevant agency may require the supplementation specifying a reasonable period required for the supplementation. In this case, 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 means of a notification of fast-track processing results as prescribed by Decree of the Ministry of Science and ICT. <Amended on Jul. 26, 2017> |
| Article 39-2 (Application for batch processing) |
| (1) | A person who intends to apply for batch processing under Article 36-2 (1) of the Act shall submit an application for batch processing prescribed by Decree 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 under paragraph (1) in writing of the commencement and period of examination under Article 36-2 (3) of the Act. |
[This Article Added on Jan. 15, 2019]
| Article 40 (Procedures for temporary permission) |
| (1) | A person that intends to apply for temporary permission under Article 37 (1) of the Act or the head of the relevant agency that intends to request temporary permission under Article 37 (2) of the Act shall submit an application for temporary permission prescribed by Decree 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) | Names and content of the new IC and IC convergence technologies and services; |
| (b) | Business scope, implementation method, and schedule of the new IC and IC convergence technologies and services; |
| 2. | Materials explaining that the new IC and IC convergence technologies and services fall under any of the subparagraphs of Article 37 (1) of the Act; |
| 3. | Safety verification data and user protection measures for the new IC and IC convergence technologies and services; |
| 4. | Other materials requested by the Minster of Science and ICT, which are deemed necessary for granting temporary permission. |
| (2) | If the Minister of Science and ICT determines that the content of the application and request needs to be supplemented, he or she may require the supplementation specifying a reasonable period for the supplementation. <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 it is clear that the application content does not fall under the subparagraphs of Article 37 (1) of the Act; |
| 2. | Where the relevant person fails to submit any of the documents under the subparagraphs of paragraph (1) or fails to comply with a request for supplementation 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, 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. <Added on Jan. 15, 2019> |
| (5) | The Deliberative Committee shall deliberate and decide on whether to grant temporary permission in consideration of the following matters: <Added on Jan. 15, 2019; Apr. 15, 2025> |
| 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 (5) 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 stating the following matters, and shall publicly announce the fact in the Official Gazette or on the Ministry’s website: <Amended on Jul. 26, 2017; Jan. 15, 2019> |
| 1. | Permission number and permission date; |
| 2. | Trade name or title and the representative's name; |
| 3. | Location of the principal office; |
| 4. | Name of technologies and services subject permission; |
| 5. | Major content of technologies and services subject to permission; |
| 7. | Permission conditions. |
| (7) | "Cases prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 37 (4) of the Act means any of the following cases: <Added on Apr. 15, 2025> |
| 1. | As a result of reviewing the content of an application under paragraph (1) and the content, method, form, etc. of the IC and IC convergence technologies and services previously temporarily permitted, if the technical characteristics, service characteristics, etc. are substantially identical or similar and the relevant statues and regulations are the same; |
| 2. | As a result of reviewing both the content of an application under paragraph (1) and the content, method, form, etc. of the IC and IC convergence technologies and services previously designated for a regulatory exemption for demonstration under Article 38-2 (3) of the Act, if the technical characteristics, service characteristics, etc. are substantially identical or similar and the relevant statutes and regulations are the same. |
| (8) | Applicants shall bear expenses incurred for tests and inspections under Article 37 (5) of the Act. <Amended on Jan. 15, 2019; Apr. 15, 2025> |
| (9) | Except as provided in paragraphs (1) through (8), 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; Apr. 15, 2025> |
| Article 41 (Validity period of temporary permission) |
| (1) | The validity period of temporary permission under Article 37 (6) of the Act shall be 2 years; provided, if the Minister of Science and ICT deems it necessary, the period may be shortened. <Amended on Jul. 26, 2017; Jan. 15, 2019; Apr. 15, 2025> |
| (2) | A person who intends to apply for an extension of the validity period under the proviso of Article 37 (6) of the Act shall submit an application for extension of the validity period of temporary permission prescribed by Decree of the Ministry of Science and ICT to the Minister of Science and ICT, along with the following documents: <Amended on Jul. 26, 2017; Jan. 15, 2019; Apr. 15, 2025> |
| 1. | Data on the use status and performance of the new IC and IC convergence technologies and services in question; |
| 2. | Deleted; <Jan. 15, 2019> |
| 3. | Deleted; <Jan. 15, 2019> |
| 4. | A copy of the temporary permit. |
| (3) | Where the improvement of the statutes and regulations under Article 37 (7) of the Act is completed, the head of the relevant agency shall notify the Minister of Science and ICT thereof without delay. <Added on Jan. 15, 2019; Apr. 15, 2025> |
| (4) | Upon receipt of the notification under paragraph (3), the Minister of Science and ICT shall notify the person who has obtained temporary permission of the improvement of the statutes and regulations. <Added on Jan. 15, 2019> |
| Article 42 (Purchase of liability insurance following temporary permission) |
| (1) | A person who has obtained temporary permission shall submit to the Minister of Science and ICT the materials proving that the person has purchased liability insurance, etc. under the main clause of Article 37 (10) of the Act and ICT before the commencement of new IC and IC convergence technologies and services. <Amended on Apr. 15, 2025> |
| (2) | The expiration date of the insurance period for liability insurance, etc. under paragraph (1) shall be after the expiration date of the temporary permission; and where the validity period is extended under the proviso of Article 37 (6) of the Act, the liability insurance, etc. shall be renewed. In this case, 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. <Amended on Apr. 15, 2025> |
| (3) | The insurance amount for liability insurance, etc. that a person with temporary permission is required to purchase under Article 37 (10) of the Act shall meet the following standards: provided, the insurance proceed paid shall not exceed the actual loss, except for the proviso to subparagraph 1: <Amended on Apr. 15, 2025> |
| 1. | Where a person dies, it shall be 150 million won per person; provided, where the actual loss is less than 20 million won, it shall be 20 million won; |
| 2. | Where a person suffers an injury, it shall be 30 million won per person; |
| 3. | Where a person has completed treatment for an injury, but no further therapeutic effect can be expected, resulting in persistent symptoms and a lasting physical disability caused by the injury (hereinafter referred to as "residual disability"), it shall be 150 million won per person; |
| 4. | Where property is destroyed or damaged, it shall be 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 insurance proceed shall be paid according to the following classifications not exceeding the actual loss: |
| 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 sustains a residual 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 an injured 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. |
| (5) | The Minister of Science and ICT may partially subsidize premiums of liability insurance, etc. under paragraph (1), for small and medium enterprises defined in Article 2 of the Framework Act on Small and Medium Enterprises and middle-standing enterprises defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises. |
| (6) | Except as provided in paragraphs (3) and (4), standards for liability insurance, etc. for damages shall be determined by the Minister of Science and ICT. |
[This Article Wholly Amended on Jan. 15, 2019]
| Article 42-2 (Compensation standards when liability insurance is unavailable) |
| (1) | Where a person that 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 in accordance with the proviso of Article 37 (10) of the Act, and shall formulate compensation plan in consultation with the Minister of Science and ICT before the commencement of new IC and IC convergence technologies and services: <Amended on Apr. 15, 2025> |
| 1. | Letter explaining why the person is unable to purchase liability insurance, etc.; |
| 2. | User compensation plan, including the compensation standards, methods, and procedures if any damage occurs to users. |
| (2) | The amount of compensation in the user damage compensation plan under paragraph (1) shall be equivalent to the amounts specified in Article 42 (3) and (4). |
[This Article Added on Jan. 15, 2019]
| Article 42-3 (Procedures for compensation for damages under temporary permission) |
| (1) | A person who intends to apply for compensation under liability insurance, etc. or compensation plan under Article 37 (10) of the Act (hereinafter referred to as "applicant") shall submit an application stating the following matters to the relevant person who has obtained temporary permission: <Amended on Apr. 15, 2025> |
| 1. | Name and address of the applicant; |
| 2. | Applicant’s relationship to the deceased (only if the victim is deceased); |
| 3. | Details of the accident, including the date, time, and place of the accident; |
| 4. | Application amount and calculation standards. |
| (2) | A person that has received an application for damages under paragraph (1) shall inform the applicant of the fact that the person has purchased liability insurance, etc. or of the user damage compensation plan under Article 42-2 (1) without delay. |
| (3) | A person that has not purchased liability insurance, etc., among persons that have received applications for damages under paragraph (1), shall compensate for damages in accordance with the user damage compensation plan under Article 42-2 (1) within 30 days from the date of receipt of the application under paragraph (1). |
| (4) | Where a person that has obtained temporary permission refuses to compensate in accordance with the proviso of Article 37 (9) of the Act, it shall notify the applicant of the fact in writing, clearly stating the reasons for the refusal. <Amended on Apr. 15, 2025> |
| (5) | A person that receives an application for damages under paragraph (1) shall report the fact of having received the application for damages to the Minister of Science and ICT without delay, and shall report the result within 15 days from the date it pays the damages (including the date it refuses to compensate in accordance with 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 Added on Jan. 15, 2019]
| Article 42-4 (Application for regulatory exemptions for demonstration) |
| (1) | A person who intends to apply for a regulatory exemption for limited testing and technical verification (hereinafter referred to as "demonstration") under Article 38-2 (1) of the Act shall submit an application for a regulatory exemption prescribed by Decree 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 exemption for demonstration (hereinafter referred to as "plan for demonstration"), including the following: |
| (a) | Names and content of the new IC and IC convergence technologies and services; |
| (b) | Business scope, implementation method, and schedule of the new IC and IC convergence technologies and services; |
| (c) | Applicant's financial and technological capabilities regarding demonstration of the new IC and IC convergence technologies and services; |
| (d) | Content and period of a regulatory exemption necessary for providing the demonstration of the new IC and IC convergence technologies and services, and relevant statutes and regulations; |
| 2. | Materials explaining that the new IC and IC convergence technologies and services falls under any subparagraph of Article 38-2 (1) of the Act; |
| 3. | Measures to protect users of the new IC and IC convergence technologies and services; |
| 4. | Other materials requested by the Minister of Science and ICT, which are deemed necessary for a regulatory exemption for demonstration. |
| (2) | Where the Minister of Science and ICT determines that the application content need to be supplemented, he or she may require the supplementation specifying a reasonable period for the supplementation. |
| (3) | The Minister of Science and ICT may return an application for a regulatory exemption for demonstration, in any of the following cases: |
| 1. | Where it is clear that the content of application does not fall under the subparagraphs of Article 38-2 (1) of the Act; |
| 2. | Where the relevant person fails to submit any of the documents under the subparagraphs of paragraph (1) or fails to comply with a request for supplementation under paragraph (2). |
| (4) | Detailed examination criteria for regulatory exemptions for demonstration under Article 38-2 (9) of the Act shall be as follows: <Amended on Apr. 15, 2025> |
| 1. | Scope (regional scope, scale of users, etc.) of demonstration of new IC and IC convergence technologies and services and specificity of demonstration methods; |
| 2. | Financial and technological capabilities for the demonstration of new IC and IC convergence technologies and services; |
| 3. | Other matters deemed necessary by the Chairperson of the Deliberative Committee based on the characteristics of demonstration of the technologies and services in question. |
| (5) | Where the Minister of Science and ICT designates a regulatory exemption for demonstration under Article 38-2 (3) of the Act, he or she shall issue a certificate of designation stating the following matters, and publicly announce the fact in the Official Gazette or on the Ministry’s website: |
| 1. | Designation number and designation date; |
| 2. | Trade name (title) and the representative's name; |
| 3. | Location of the principal office; |
| 4. | Name of the technologies and services to be designated; |
| 5. | Major content of the technologies and services to be designated; |
| 7. | Conditions for designation. |
| (6) | "Cases prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 38-2 (7) of the Act means any of the following cases: <Added on Apr. 15, 2025> |
| 1. | As a result of examining the content of an application under paragraph (1) and the content, method, form, etc. of the IC and IC convergence technologies and services previously designated for regulatory exemptions for demonstration, if the technical characteristics, service characteristics, etc. are substantially identical or similar, and the relevant statutes and regulations are the same; |
| 2. | As a result of examining the content of an application under paragraph (1) and the content, method, form, etc. of the IC and IC convergence technologies and services previously temporarily permitted under Article 37 (3) of the Act, if the technical characteristics, service characteristics, etc. are substantially identical or similar, and the relevant statutes and regulations are the same. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for application, notification, detailed examination standards, etc. for regulatory exemptions for demonstration may be determined and publicly notified by the Minister of Science and ICT. <Amended on Apr. 15, 2025> |
[This Article Added on Jan. 15, 2019]
| Article 42-5 (Validity period of regulatory exemption for demonstration) |
The validity period of a regulatory exemption for demonstration under Article 38-2 (4) of the Act shall be up to 2 years in consideration of the applicant’s application period and content.
[This Article Wholly Amended on Dec. 6, 2022]
| Article 42-6 (Management and supervision of regulatory exemptions for demonstration) |
| (1) | The Minister of Science and ICT and the head of the relevant agency may supervise the following matters in accordance with Article 38-3 (1) of the Act: |
| 1. | Whether the relevant plan for demonstration is implemented; |
| 2. | Whether the designation conditions for a regulatory exemption for demonstration are met. |
| (2) | The head of the relevant agency shall notify the Minister of Science and ICT, without delay, of the commencement and completion of the improvement of relevant statutes and regulations under Article 38-3 (4) of the Act. |
[This Article Wholly Amended on Dec. 6, 2022]
| Article 42-7 (Extension of regulatory exemption for demonstration) |
| (1) | A person who seeks to obtain an extension of the validity period of a regulatory exemption for demonstration under Article 38-5 (1) and (2) of the Act shall submit an application for extension of the validity period of the regulatory exemption for demonstration prescribed by Decree 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 designation under Article 42-4 (5); |
| 2. | The status of the implementation of the plan for demonstration; |
| 3. | A statement of reasons for extending the regulatory exemption for demonstration; |
| 4. | Whether safety-related accidents have occurred and damages have been compensated for, in relation to the IC and IC convergence technologies and services in question; |
| 5. | A plan to extend the period of liability insurance or to revise compensation for damages; |
| 6. | Other matters deemed necessary by the Minister of Science and ICT for extending the regulatory exemption for demonstration. |
| (2) | Where the Minister of Science and ICT extends the validity period of a regulatory exemption for demonstration under Article 38-5 (1) of the Act, the Minister shall issue a confirmation of extension of the validity of the regulatory exemption for demonstration prescribed by the Decree of the Ministry of Science and ICT to the applicant under paragraph (1). |
| (3) | A person that intends to request the improvement of statutes and regulations related to a regulatory exemption under Article 38-5 (3) of the Act (hereafter in this Article referred to as "requester for statutory improvement") shall submit a request for statutory improvement as prescribed by Decree 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 on the application of the regulatory exemption and the business results, which include each of the following: |
| (a) | Whether the person has met the conditions for designation of the regulatory exemption for demonstration 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 safety-related accidents have occurred and damages have been compensated for, in relation to the new IC and IC convergence technologies and services; |
| (d) | Other materials recognized by the Minister of Science and ICT as data for determining the necessity of statutory improvement and the direction of improvement; |
| 2. | A plan to extend the period of liability insurance or a plan to revise compensation for damage (limited cases where it is intended to continue to engage in business for demonstration during the period in which the validity period of the regulatory exemption is deemed not to have expired under 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 statutory improvement under paragraph (3), he or she may request the requester for statutory improvement to submit additional data. |
| (5) | Where the document required under paragraph (3) 2 is attached to the request for statutory improvement submitted under paragraph (3), the Minister of Science and ICT shall state to the effect in any of the following documents that the validity period of the regulatory exemption is deemed not to have expired during the period under paragraph (11) and shall issue it to the requester for statutory improvement: |
| 1. | The certificate of designation under Article 42-4 (5); |
| 2. | A confirmation of the extension of the regulatory exemption for demonstration under paragraph (2). |
| (6) | Where the head of the relevant agency reviews whether the statutory improvement is necessary in accordance with Article 38-5 (4) of the Act, he or she shall comprehensively consider the following: |
| 1. | The level of users' benefits derived from the demonstration of the new IC and IC convergence technologies and services in question; |
| 2. | Whether safety-related accidents have occurred and damage has been incurred, in relation to the new IC and IC convergence technologies and services in question; |
| 3. | Industrial ripple effects and expected effects of the launch of the new IC and IC convergence technologies and services in question; |
| 4. | Other matters recognized necessary by the head of the relevant agency to review the necessity of statutory improvement. |
| (7) | Where the Minister of Science and ICT requests the Regulatory Reform Committee to implement regulatory improvement or submits his or her opinion under Article 38-5 (5) of the Act, the head of the relevant agency shall immediately report to the Deliberative Committee the results of processing submitted to the Regulatory Reform Committee under Article 14 (2) of the Framework Act on Administrative Regulation which applies mutatis mutandis under Article 18 (2) of that Act. |
| (8) | The Minister of Science and ICT shall prepare a notice of determination on statutory improvement prescribed by Decree of the Ministry of Science and ICT, informing the results that the head of the relevant agency has reported to the Deliberative Committee under Article 38-5 (4) of the Act and paragraph (7) of this Article and shall issue the notice to the request for statutory improvement; in such cases, the notice shall include the following: |
| 1. | Whether the statutory improvement is needed; |
| 2. | Whether the subject is eligible to apply for temporary permission under Article 37 of the Act; |
| 3. | The expiration date of the period during which the validity period of the regulatory exemption is deemed not to have expired under Article 38-5 (7) of the Act (excluding cases where the subject is eligible to apply for temporary permission under subparagraph 2). |
| (9) | Where a requester for statutory improvement is notified that the relevant new IC and IC convergence technologies and services is eligible for temporary permission application under paragraph (8), the requester may apply for temporary permission with the Minister of Science and ICT in accordance with Article 37 of the Act by no later than the following dates, whichever comes later: |
| 1. | The date that is 3 months from the date of receipt of a notice of determination on statutory improvement under paragraph (8); |
| (2) | The Minister of Science and ICT may provide the following support for the vitalization of investment in and financing for the intellectual property rights of small and medium enterprises and venture businesses in accordance with Article 18 (2) of the Act: <Amended on Jul. 26, 2017> |
| (10) | Where a requester for statutory implementation applies for temporary permission under 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 the application for temporary permission under Article 40 (1), considering whether any of such documents overlaps with those submitted when applying for a regulatory exemption for demonstration under Article 42-4 (1). |
| (11) | The period necessary for the procedures prescribed in Article 38-5 (4) through (6) of the Act, in which the validity period of a regulatory exemption for demonstration is deemed not to have expired in accordance with Article 38-5 (7) of the Act, shall be the period from the date the request for statutory improvement is made under paragraph (3) to the following relevant date: |
| 1. | Where it is determined that statutory improvement is unnecessary: The date of expiration under paragraph (8) 3 or the date of receipt of a notice of determination on statutory improvement, whichever comes later; |
| 2. | Where it is determined that statutory improvement is necessary: The following relevant date: |
| (a) | Where not eligible for application for temporary permission: The date of expiration under paragraph (8) 3 or the date of receipt of a notice of determination on statutory improvement, whichever comes later; |
| (b) | Where eligible for application for temporary permission: The following relevant date: |
| (i) | Where no application for temporary permission is filed: The expiration date of the period of application for temporary permission under paragraph (9); |
| (ii) | Where an application for temporary permission is filed: The date of receipt of a notice of determination on temporary permission. |
| (12) | Where the head of the relevant agency commences statutory improvement under Article 38-5 (4) of the Act (including where the head of the relevant agency commences statutory improvement, after examination by the Regulatory Reform Committee under paragraph (5) of that Article), and completes the statutory improvement notified as necessary under paragraph (8), he or she shall immediately notify the Minister of Science and ICT and the Minister of Government Legislation of the fact. |
| (13) | Where the Minister of Science and ICT is notified of the completion of the statutory improvement under paragraph (12), he or she shall immediately notify the requester for statutory improvement. |
| (14) | Paragraphs (3) 1 and (4) shall apply mutatis mutandis to the application of the regulatory exemption and the submission and supplementation of the business results under the former part of Article 38-5 (9) of the Act. |
[This Article Added on Dec. 6, 2022]
[Previous Article 42-7 moved to Article 42-8 <Dec. 6, 2022>]
| Article 42-8 (Support for temporary permission and regulatory exemptions 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 new IC and IC convergence designated by the Minister of Science and ICT to perform the following tasks: <Amended on May 12, 2020; Dec. 16, 2022; Apr. 15, 2025> |
| 1. | Assisting in the business affairs of the Deliberative Committee, the fast-track subcommittee, and the case-specific subcommittees; |
| 2. | Assisting in tasks for management and supervision under Article 38-3 (1) of the Act; |
| 3. | Deleted; <Dec. 6, 2022> |
| 4. | Assisting in the review of applications for extension of the validity period of regulatory exemption for demonstration submitted under Article 42-7 (1) and attached documents; |
| 5. | Assisting in the review of requests for statutory improvement submitted under Article 42-7 (3) and attached documents; |
| 6. | Other tasks recognized by the Minister of Science and ICT as necessary for the smooth performance of tasks related to regulatory exemptions for demonstration and to temporary permission. |
| (2) | Where the Minister of Science and ICT requires the entities to perform the tasks under paragraph (1), he or she shall post or publish the performing entities and the tasks to be performed on the Ministry's website or in the Official Gazette. <Added on May 12, 2020> |
| (3) | The Minister of Science and ICT may fully or partially subsidize expenses incurred in performing the tasks under paragraph (1). <Amended on May 12, 2020> |
[This Article Added on Jan. 15, 2019]
[Moved from Article 42-7 <Dec. 6, 2022>]
| Article 43 (Entrustment of tasks) |
| (1) | The Minister of Science and ICT may entrust the following to specialized institutions and organizations related to IC and IC convergence in accordance with Article 41 (2) of the Act: <Amended on Jul. 26, 2017> |
| 1. | Task of providing support for universities or training businesses that introduce internship programs under Article 12 (3) of the Act; |
| 2. | Task of requesting for materials from universities or training businesses that operate internship programs under Article 14 (4); |
| 3. | Task of requesting for and investigating and analyzing data from universities or training businesses that introduce internship programs under Article 15 (2) and (3); |
| 4. | Task of providing 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 tasks to the Information and Communication Industry Promotion Agency, the Korea Chamber of Commerce and Industry, or specialized institutions or organizations related to IC and IC convergence designated by the Minister of Science and ICT, in accordance with Article 41 (2) of the Act. <Added on Jan. 15, 2019; May. 12, 2020; Dec. 6, 2022; Apr. 15, 2025> |
| 1. | Receipt of applications for fast-track processing under Article 36 (1) and (4) of the Act and notification of the results; |
| 2. | Receipt of applications for batch processing 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 and receipt of applications for the extension under the proviso of Article 37 (6) of the Act; |
| 4. | Receipt of applications for regulatory exemptions for demonstration under Article 38-2 (1) of the Act; |
| 5. | Receipt of applications for extension of the validity period of a regulatory exemption for demonstration under Article 38-5 (2) of the Act; |
| 6. | Receipt of requests for statutory improvement under Article 38-5 (3) of the Act; |
| 7. | Receipt of documents on the application of the regulatory exemption for demonstration and the business results 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 shall apply mutatis mutandis under paragraph (14) of that Article). |
| (4) | Where the Minister of Science and ICT entrusts tasks under paragraphs (1) and (3), he or she shall publish the entrusted entities and the entrusted tasks on the Ministry's website or in the Official Gazette. <Added 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 3 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 bodies under Article 20 (1): January 1, 2017; |
| 4. | Deleted; <Dec. 30, 2016> |
| 5. | Purchase of liability insurance, etc. following temporary permission under Article 42, and the standards, etc. for compensation for damages when it is impracticable to purchase liability insurance, etc. under Article 42-2: January 1, 2019; |
| 6. | Deleted. <Jan. 15, 2019> |
[This Article Added 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 Appendix 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.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25495, Jul. 21, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on July 22, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the provisions amending a Presidential Decree, among the Presidential Decrees amended by Article 5 of the Addenda, which was promulgated before this Presidential Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the respective date the relevant Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
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.)
Articles 2 through 12 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.
Articles 2 through 6 Omitted.
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.
Article 2 Omitted.
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.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 31221, Dec. 8, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 9 Omitted.
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.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 32733, Jun. 28, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on June 29, 2022.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
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 validity period of regulatory exemption for demonstration)
Notwithstanding the amended provisions of Article 42-7 (1), the previous provisions of Article 42-5 (2) shall apply to the attached documents submitted by a person that has applied for extension of the validity period of a regulatory exemption for demonstration under the previous provisions of Article 42-5 (2) before this Decree enters into force.
Article 3 (Transitional measures concerning application of regulatory exemption and submission of business results)
Where a result report has been submitted under the previous provisions of Article 42-6 (2) as at the time this Decree enters into force, it shall be deemed to be submitted the application of the regulatory exemption and business results under the amended provisions of Article 42-7 (14).
ADDENDA <Presidential Decree No. 34468, Apr. 30, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 34657, Jul. 2, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on July 10, 2024. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 34964, Oct. 29, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on November 1, 2024.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 35442, Apr. 15, 2025>
This Decree shall enter into force on April 23, 2025.