INFORMATION AND COMMUNICATIONS TECHNOLOGY INDUSTRY PROMOTION ACT
Act No. 9708, May 22, 2009
Amended by Act No. 9981, Jan. 27, 2010
Act No. 10166, Mar. 22, 2010
Act No. 10165, Mar. 22, 2010
Act No. 10956, Jul. 25, 2011
Act No. 11461, jun. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12763, Oct. 15, 2014
Act No. 13015, Jan. 20, 2015
Act No. 13345, jun. 22, 2015
Act No. 13343, jun. 22, 2015
Act No. 14839, Jul. 26, 2017
Act No. 15377, Feb. 21, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enhance the competitiveness of the information and communications technology industry and consequently contribute to the growth of the national economy by establishing the foundation for the promotion of the information and communications technology industry.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10956, Jul. 25, 2011; Act No. 11461, Jun. 1, 2012; Act No. 13343, Jun. 22, 2015>
| 1. | The term "information and communications" means a series of activities and means for the promotion of informatization, including apparatuses, technologies, and services related to the collecting, processing, storing, searching, transmitting, receiving, and utilizing of information; |
| 2. | The term "information and communications technology industry" means any of the following industries that develop, manufacture, produce, or distribute products for information and communications (hereinafter referred to as "products for information and communications") or that provide services related to such business activities (hereinafter referred to as "services for information and communications"): Provided, That excluded herefrom are industries that provide services for information and communications under Article 2 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: |
| (a) | Industries related to computers and apparatuses for information and communications; |
| (g) | Other industries specified by Presidential Decree as an industry that creates an added value by utilizing information and communications technology; |
| 3. | The term "information and communications enterprise" means an enterprise that engages in business of developing, manufacturing, producing, or distributing products for information and communications or in business of providing services related to information and communications; |
| 4. | The term "information and communications network" means an information and communications system for collecting, processing, storing, searching, transmitting, or receiving information by using telecommunications systems under subparagraph 2 of Article 2 of the Framework Act on Telecommunications or by utilizing telecommunications systems, computers, and technologies for the use of computers. |
| Article 3 (Duties of State and Local Governments) |
| (1) | The State shall formulate and implement a comprehensive policy necessary for the promotion of the information and communications technology industry and prepare a plan for securing financial resources therefor. |
| (2) | Local governments shall, respectively, prepare a policy necessary for the promotion of the information and communications technology industry based on information and communications technology, taking into consideration the State's policy and local specificities. |
| Article 4 (Relationship to Other Acts) |
Except as otherwise expressly provided for in any other Act, matters relevant to the promotion of the information and communications technology industry shall be governed by this Act.
CHAPTER II PROMOTION OF INFORMATION AND COMMUNICATIONS INDUSTRY
SECTION 1 Formulation and Implementation of Plan for Promotion of Information and Communications Technology Industry, etc.
| Article 5 (Plan for Promotion of Information and Communications Technology Industry) |
| (1) | The Minister of Science and ICT shall formulate and implement a plan for the promotion of the information and communications technology industry (hereinafter referred to as "promotion plan"), which include the following matters, in order to set the goals and direction of medium and long-term policies for the promotion of the information and communications technology industry: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters concerning the basic direction of the policy on the promotion of the information and communications technology industry; |
| 2. | Matters concerning the policy on the promotion of the information and communications technology industry for each sector; |
| 3. | Matters concerning the acceleration of development, diffusion, proliferation, and utilization of information and communications technology; |
| 4. | Matters concerning the promotion of standardization of information and communications and the accreditation therefor; |
| 5. | Matters concerning the training of professional human resources for information and communications technology and information and communications technology industry (hereinafter referred to as "professional human resources"); |
| 6. | Matters concerning support for start-up and growth of information and communications enterprises; |
| 7. | Matters concerning the stimulation of supply of funds to information and communications enterprises; |
| 8. | Matters concerning the support of information and communications technology industry for international cooperation and entering into overseas markets; |
| 9. | Other matters necessary for the promotion of the information and communications technology industry. |
| (2) | The Minister of Science and ICT may formulate and implement annual plans within the extent of the promotion plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for the formulation and implementation of the promotion plan and annual plans under paragraph (2) and other related matters shall be prescribed by Presidential Decree. |
| Article 6 (Preparation of Statistics) |
| (1) | The Minister of Science and ICT shall prepare and manage statistics on the information and communications technology industry in consultation with the Commissioner of the Statistics Korea, for an efficient formulation and implementation of the promotion plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Statistics Act shall apply mutatis mutandis to the preparation of statistics under paragraph (1), but the subjects to survey, the scope of surveys, etc. shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
SECTION 2 Promotion of Information and Communications Technology
| Article 7 (Implementation Plan for Promotion of Information and Communications Technology) |
| (1) | The Minister of Science and ICT shall formulate and implement an implementation plan for the promotion of information and communications technology, which shall include the following matters, in accordance with the promotion plan for the promotion of information and communications technology: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters concerning research on the level of information and communications technology and evaluation and utilization of developed information and communications technology; |
| 2. | Matters concerning smooth distribution of information related to information and communications technology; |
| 3. | Matters concerning facilitation of research and development of information and communications technology and combination and fusion with other technologies; |
| 4. | Matters concerning cooperation, guidance, and transfer of information and communications technology; |
| 5. | Matters concerning facilitation of cooperations between industrial and academic circles for information and communications technology; |
| 6. | Matters concerning training of professional human resources and supply of, and demand for, such human resources; |
| 7. | Matters concerning standardization of information and communications technology and adoption of new information and communications technology; |
| 8. | Matters concerning fostering of institutes or organizations specializing in research on information and communications technology; |
| 9. | Matters concerning international cooperations in information and communications technology; |
| 10. | Other matters necessary for the promotion of information and communications technology. |
| (2) | If necessary for the efficient promotion of matters under paragraph (1), the Minister of Science and ICT may require a research institute or organization related to the development of information and communications technology and promotion of the information and communications technology industry to perform relevant work vicariously and support expenses required for such vicarious performance, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for the formulation and implementation, etc. of an implementation plan for the promotion of information and communications technology under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Designation of Subjects for Research, etc.) |
| (1) | The Minister of Science and ICT may select research subjects on information and communications technology and designate researchers for such subjects of research and development of information and communications technology. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for the selection of research subjects, designation of researchers under paragraph (1), research expense support, etc. shall be prescribed by Presidential Decree. |
| Article 9 (Support for Commercialization of New Technology, etc.) |
| (1) | The Minister of Science and ICT may provide support necessary for commercialization of technology accredited as new technology for information and communications pursuant to Article 15-2 of the Industrial Technology Innovation Promotion Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13015, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may collect royalties from any person who uses, transfers, lends, or exports a product that has been commercialized with new technology developed with support under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Royalties under paragraph (2) shall be an amount publicly notified and determined by the Minister of Science and ICT, within the limit of 50/100 of the amount provided by the Minister of Science and ICT pursuant to paragraph (1) or 5/100 of the turnover recorded through the commercialization of technology. <Amended by Act No. 15377, Feb. 21, 2018> |
| (4) | The Minister of Science and ICT may reduce some of royalties in cases prescribed by Presidential Decree, such as lump sum payment or payment in advance of royalties. <Newly Inserted by Act No. 15377, Feb. 21, 2018> |
| (5) | The Minister of Science and ICT shall invest the collected royalties in the projects related to a promotion plan and an implementation plan for the promotion of information and communications technology under Article 7 (1). <Newly Inserted by Act No. 15377, Feb. 21, 2018> |
| (6) | In addition to matters prescribed in paragraphs (2) through (5), matters necessary for the collection, management, etc. of royalties shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15377, Feb. 21, 2018> |
| Article 10 (Management and Distribution of Information Related to Information and Communications Technology) |
| (1) | The Minister of Science and ICT shall prepare a scheme for systematic and comprehensive management and distribution of information related to information and communications technology in order to promote the information and communications technology industry. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may, if necessary for systematic and comprehensive management of information related to information and communications technology, request related administrative agencies and national and public research institutes to furnish him/her with information on information and communications technology and related materials. In such cases, the head of an agency or institute shall cooperate as requested, unless there is any exceptional circumstance. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall conduct projects for distributing information related to information and communications technology in order to expedite and facilitate the use of such information. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | Further specific scope of related data on information and communications technology subject to distribution under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 11 (Prior Notice of Technology) |
| (1) | The Minister of Science and ICT may give a prior notice of new technology for information and communications, taking into consideration the long-term direction of development of the information and communications technology industry and changes in the environment for information and communications technology. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for the details and method and procedures for the prior notice under paragraph (1) and other related matters shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
SECTION 3 Facilitation of Standardization of and Accreditation for Information and Communications
| Article 12 (Facilitation of Standardization of Information and Communications) |
The Minister of Science and ICT shall prepare a policy necessary for the following matters in order to promote the information and communications technology industry: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| 1. | Standardization of information and communications technology; |
| 2. | Standardization of information and communications products; |
| 3. | Standardization of information and communications networks; |
| 4. | Standardization of services related to information and communications; |
| 5. | Standardization for common use of information; |
| 6. | Other matters necessary for the standardization of information and communications. |
| Article 13 (Establishment and Accreditation of Standards for Information and Communications) |
| (1) | The Minister of Trade, Industry and Energy may formulate and publicly notify standards (hereinafter referred to as "standards for information and communications") for technology, products, networks, and services related to information and communications (hereinafter referred to as "information and communications technology, etc.") as industrial standards under Article 5 (1) of the Industrial Standardization Act, in order to promote the information and communications technology industry, and may recommend information and communications enterprises, public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “public institutions”), research institutes, and other entities to use the standards. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters concerning the establishment of standards for information and communications, the accreditation of information and communications technology, etc. conforming to information and communication standards, and the use and follow-up management of accreditation marks shall be governed by the Industrial Standardization Act. |
| Article 14 (Assistance in Accreditation of Information and Communications Technology, etc.) |
The Minister of Science and ICT shall prepare necessary policies to ensure information and communications technology that has been newly developed by information and communication enterprises, public institutions, research institutes, or any other entities can have its performance accredited promptly and its reliability recognized at home and abroad. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 15 (Facilitation of International Standardization of Information and Communications Technology) |
The Government shall prepare a policy necessary for maintaining and strengthening cooperative systems with international standard organizations or international standard institutes related to information and communication standards and for making it possible to have domestic information and communication standards adopted as international standards.
SECTION 4 Establishment of Foundation for Promotion of Information and Communications Technology Industry
| Article 16 (Training Professional Human Resources) |
The Minister of Science and ICT shall prepare a policy on the following matters necessary for training professional human resources, required for the promotion of the information and communications technology industry: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| 1. | Survey on the actual demand for professional human resources and forecast for the medium and long-term supply of, and demand for, such human resources; |
| 2. | Establishment and support of training institutes for professional human resources; |
| 3. | Support for development and distribution of educational programs for training professional human resources; |
| 4. | Support for the settlement of qualification systems for information and communications technology and the supply of, and demand for, professional human resources; |
| 5. | Support of educational programs on information and communications technology and the information and communications technology industry provided by schools at different levels and other educational institutes; |
| 6. | Other matters necessary for training professional human resources. |
| Article 17 (Promotion of International Cooperation in Information and Communications Technology Industry) |
| (1) | The Minister of Science and ICT shall ascertain international trends in relation to information and communications technology and the information and communications technology industry and promote international cooperation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may provide support to activities for international exchanges of information and communications technology and professional human resources as well as for international joint research and development projects, in order to promote international cooperation in the field of the information and communications technology industry. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may provide support to international cooperations in the private sector related to information and communications technology and the information and communications technology industry. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 18 (Development of Complexes for Promotion of Information and Communications Technology Industry) |
| (1) | The Government shall come up with a policy necessary for developing and supplying industrial sites and supporting infrastructure for information and communications technology industry in order to lay a foundation for information and communications technology industry, and shall preferentially provide support to civilians, where they intend to jointly develop an information and communications technology industry promotion complex. |
| (2) | Matters necessary for the support of the information and communications technology industry promotion complex shall be prescribed by Presidential Decree. |
| Article 19 (Improvement of Distribution Structure and Acceleration of Dissemination) |
| (1) | The Minister of Science and ICT may provide support to projects for expansion of distribution facilities and specialization of distributors, in order to improve the distribution structure of products and services related to information and communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Government may prepare a plan for distribution of products and services for information and communications to State agencies, local governments, and public institutions (hereinafter referred to as "State agencies, etc.") and provide support thereto. |
| Article 20 (Support for Development of Content of Information) |
In order to secure national competitiveness or enhance public interest, the Minister of Science and ICT may provide financial, technical, or other necessary support to any person who develops information content distributable through information and communications networks. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 21 (Facilitation of Development of Applied Services via Information and Communications Networks) |
| (1) | The Government may provide financial, technical, or other necessary support to any State agency, etc. which develops and provides any applied services that make work process more efficient, automated, and upgraded by utilizing information and communications networks (hereinafter referred to as "applied services via information and communications networks"). |
| (2) | The Minister of Science and ICT may provide financial, technical, or other necessary support in order to facilitate the development of applied services via information and communications networks by the private sector. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 22 (Support of Related Institutions) |
| (1) | The Minister of Science and ICT may support expenses incurred by any institution or organization related to information communications technology or the information and communications technology industry for conducting any of the following affairs: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Surveys and statistics related to information communications technology or the information and communications technology industry; |
| 2. | Development of information and communications technology; |
| 3. | Training professional human resources; |
| 4. | Surveys and research on policies related to information and communications technology or the information and communications technology industry; |
| 5. | Research, development, and dissemination of standards for information and communications; |
| 6. | Support for the development of information content distributable through information and communications networks; |
| 7. | Supply of various kinds of related information on information and communications technology or the information communication industry and establishment of information distribution systems; |
| 8. | Overseas cooperation related to information and communications technology or the information and communications technology industry; |
| 9. | Support for start-up, legal affairs, accounting, business management, etc. of information and communications enterprises; |
| 10. | Improvement of the distribution structure of information and communications technology, etc. and facilitation of the diffusion thereof; |
| 11. | Other matters necessary for laying the foundation for the information and communications technology industry. |
| (2) | The procedure and method for the subsidization under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
SECTION 5 Policies for Support of Information and Communications Enterprises
| Article 23 (Technical Guidance) |
| (1) | If necessary for ensuring the quality of products and services related to information and communications developed, manufactured, produced, distributed, or supplied by information and communications enterprises, the Minister of Science and ICT may provide information and communications enterprises with technical guidance for standardization of technology, technical training, supply of technical information, cooperation with international organizations, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The target audience for technical guidance under paragraph (1), details of such technical guidance, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 24 (Supply of Various Kinds of Information) |
The Minister of Science and ICT may collect various kinds of knowledge and information, such as information about markets, technology, and business management at home and abroad related to the information and communications technology industry and build up a database with such knowledge and information to provide them to information and communications enterprises. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 25 (Facilitation of Information and Communications Enterprises Entering into Overseas Markets) |
The Minister of Science and ICT shall prepare and promote necessary policies for helping domestic information and communications enterprise actively enter into overseas markets to conduct business activities there. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
SECTION 6 National Information Technology Industry Promotion Agency
| Article 26 (Establishment, etc. of the National Information Technology Industry Promotion Agency) |
| (1) | A National Information Technology Industry Promotion Agency (hereinafter referred to as the "Industry Promotion Institute") shall be established in order to efficiently support information and communications technology industry. |
| (2) | The Industry Promotion Institute shall be a legal entity. |
| (3) | The Industry Promotion Institute may establish local offices and affiliated institutions to conduct its business activities under the subparagraphs of Article 27, as stipulated by its articles of incorporation. |
The Industry Promotion Institute shall conduct the following projects: <Amended by Act No. 10956, Jul. 25, 2011; Act No. 11461, Jun. 1, 2012>
| 1. | Support for research on, and formulation of, policies on the information and communications technology industry; |
| 2. | Training professional human resources; |
| 3. | Projects for laying the foundation, such as fostering and development of, and supportive facilities, for information and communications technology industry; |
| 4. | Support for the start-up and growth of information and communications technology enterprises; |
| 5. | Support for stimulation of, and marketing activities for, distribution markets for development of the information and communications technology industry; |
| 6. | Projects for analyses of trends in the information and communications technology industry, preparation of statistics, distribution of information, and services; |
| 7. | Projects for fusion and utilization of information and communications technology; |
| 8. | Support for international exchanges and cooperation related to the information and communications technology industry and entry into overseas markets; |
| 9. | Publication and public relations activities for the information and communications technology industry; |
| (a) | Surveys and research on policies and systems for the promotion of technology for software; |
| (b) | Projects necessary for improvement of software business operators' quality control ability and expertise; |
| 11. | Deleted; <by Act No. 13345, Jun. 22, 2015> |
| 13. | Projects specified as those of the Industry Promotion Institute, or entrusted to the Industry Promotion Institute, by this Act or any other statutes; |
| 14. | Other business projects specified by Presidential Decree as necessary for accomplishment of purposes of incorporation of the Industry Promotion Institute. |
| Article 28 (Financial Resources, etc.) |
| (1) | The Government may contribute or subsidize all or some expenses for the establishment and operation of the Industry Promotion Institute within the limits of budget or funds. |
| (2) | The Industry Promotion Institute may engage in profit-making business by obtaining approval of the Minister of Science and ICT, to raise funds for expenses necessary for accomplishing the purposes under Article 26 (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | and (4) Deleted. <by Act No. 13345, Jun. 22, 2015> |
| (5) | The State or any local government may, if necessary for the establishment and operation of the Industry Promotion Institute, lease any State-owned or public property without compensation. |
| Article 29 (Guidance for and Supervision of Business) |
| (1) | The Minister of Science and ICT shall guide and supervise the Industry Promotion Institute with regard to the following business affairs and may, if deemed necessary, require it to report matters concerning its business, accounting, or property, or assign public officials under his/her control to inspect the Industry Promotion Institute's books of account, documents, facilities, or any other articles: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters concerning appropriate implementation of projects entrusted by the Minister of Science and ICT pursuant to statutes or business affairs directly related to duties under the jurisdiction of the Ministry of Science and ICT; |
| 3. | Formulation of an annual business plan and budget; |
| 4. | Business performance records and settlement of accounts for each year; |
| 5. | Other matters specified by other statutes. |
| (2) | When the Minister of Science and ICT discovers any illegal or improper act as a result of reporting or inspection under paragraph (1), he/she may order the Industry Promotion Institute to rectify such act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Public officials who conduct an inspection pursuant to paragraph (1) shall carry identification indicating their authority and present it to interested persons. |
| Article 30 (Prohibition of Use of Similar Names) |
No one other than the Industry Promotion Institute shall use the name "National Information Technology Industry Promotion Agency" or any similar name.
| Article 31 (Application Mutatis Mutandis of the Civil Act) |
CHAPTER III (Articles 32 through 40) Deleted.
CHAPTER IV FUND FOR PROMOTION OF INFORMATION AND COMMUNICATIONS
| Article 41 (Establishment of Fund for Promotion of Information and Communications) |
The Government shall establish a fund for the promotion of information and communications (hereinafter referred to as "Fund") in order to support the promotion of information and communications.
| Article 42 (Sources of Fund) |
The Fund shall be raised from the following sources: <Amended by Act No. 10165, Mar. 22, 2010>
| 1. | Contributions and loans from the Government; |
| 4. | Earnings from the operation of the Fund; |
| 5. | Borrowings and other revenues. |
| Article 43 (Imposition and Collection, etc. of Charges for Research and Development) |
| (1) | In order to develop information and communications technology and to promote the information and communications technology industry, the Minister of Science and ICT may impose charges at the rate specified by Presidential Decree (hereinafter referred to as "charge") on any of the following persons within the extent of 1/100 of his/her annual sales (excluding sales of telecommunications service provided by using an alloted frequency if the consideration for the allotted frequency has been paid in accordance with Article 11 of the Radio Waves Act) and collect such charges accordingly: <Amended by Act No. 10166, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Necessary matters concerning the guidelines and procedure for the calculation of charges, such as applicable rates of charge, limitations on collection, and other matters shall be prescribed by Presidential Decree. |
| (3) | The Minister of Science and ICT may exempt or abate charges for a person, if his/her business scale or capability to bear the burden of charges falls short of a specific level, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | If any person who is obligated to pay charges fails to pay charges by the deadline for payment, the Minister of Science and ICT shall demand the person to pay it within a given period of not less than 15 days. In such cases, an additional charge prescribed by Presidential Decree shall be imposed and collected within the extent of 80/100 of charges in arrears. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (5) | If a person who is demanded to pay charges and an additional charge pursuant to paragraph (4) fails to pay such charges, the Minister of Science and ICT may collect the charges in the same manner as delinquent national taxes are collected. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (6) | Charges and additional charge collected pursuant to paragraphs (1) and (4) shall belong to the Fund. |
| Article 44 (Use, etc. of Fund) |
| (1) | The Fund shall be used for any of the following projects or activities conducted in accordance with the promotion plan: |
| 1. | Projects for research and development of information and communications (including radio wave broadcasting; the same shall apply hereafter in this paragraph); |
| 2. | Projects for development, establishment, and dissemination of standards for information and communications; |
| 3. | Projects for training human resources for information and communications; |
| 4. | Projects for laying the foundation for the information and communications technology industry, other than those specified in subparagraphs 1 through 3; |
| 5. | Deleted; <by Act No. 10165, Mar. 22, 2010> |
| 7. | Activities incidental to projects specified in subparagraphs 1 through 4. |
| (2) | The Minister of Science and ICT may restitute a portion of the Fund spent for any purpose, other than the originally contemplated purpose from a person to whom the Fund had been granted but who spent such money for any purpose, other than the originally contemplated purpose of use. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The restitution of the Fund under paragraph (2) shall be conducted in accordance with practices for the disposition of default national taxes. |
| Article 45 (Operation and Management of Fund) |
| (1) | The Fund shall be operated and managed by the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may entrust part of administrative affairs for the operation and management of the Fund to the Korea Communications Agency established under Article 66 (1) of the Radio Waves Act or any other institutions or organizations related to the information and communications technology industry, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13345, Jun. 22, 2015; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for operation and management of the Fund, other than the provisions of paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISONS
| Article 46 (Annual Reporting on Promotion of Information and Communications Technology Industry) |
| (1) | The Minister of Science and ICT shall formulate a report on the policy for the promotion of the information and communications technology industry and shall submit it to the National Assembly before the beginning of the regular session each year. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The report under paragraph (1) shall contain the following matters: |
| 1. | The current status of domestic and overseas information and communications technology industries; |
| 2. | Promotion plans and implementation plans for the promotion of information and communications technology under Article 7 (1); |
| 3. | Policies that have been implemented and is planned to be implemented for the promotion of the information and communications technology industry; |
| 4. | Other important matters concerning the information and communications technology industry. |
| Article 47 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Science and ICT may delegate part of his/her authority under this Act to heads of affiliated agencies under his/her control, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may entrust the Industry Promotion Institute or any other institutions or organizations recognized as specialized in the information and communications technology industry and publicly notified by the Minister of Science and ICT, with part of his/her authority under this Act, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 48 (Duty of Confidentiality) |
No one who conducts, or who has conducted, any business affairs entrusted pursuant to this Act shall divulge any confidential information known to him/her in the course of his/her performance of the business affairs.
| Article 49 (Legal Fiction as Public Official in Application of Penalty Provisions) |
Executives and employees of the Industry Promotion Institute and executives and employees of an institution or organization that engages in business affairs entrusted by the Minister of Science and ICT pursuant to Article 45 (2) or 47 (2), are deemed as public officials in application of penalty provisions under Articles 129 through 132 of the Criminal Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 49-2 (Duration of Regulation) |
Subparagraph 2 of Article 42 and Article 43 concerning the use, imposition, and collection of the charges shall remain effective until December 31, 2012. [This Article Newly Inserted by Act No. 9981, Jan. 27, 2010]
CHAPTER VI PENALTY PROVISIONS
| Article 50 (Penalty Provisions) |
Any person who has divulged any confidential information which has become known to him/her in the course of performing entrusted business affairs, in violation of Article 48, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding thirty million won.
| Article 51 (Joint Penalty Provisions) |
If the representative of a legal entity or an agent, employee, or servant of a legal entity or individual has committed an offense under Article 50 in relation to the business affairs of the legal entity or the individual, not only shall such actor be punished accordingly, but the legal entity or the individual shall also be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply to cases where a legal entity or an individual had not neglected due care and supervision in connection with the relevant matter in order to prevent such offense.
| Article 52 (Administrative Fines) |
| (1) | Deleted. <by Act No. 13343, Jun. 22, 2015> |
| (2) | Any person who has used the name "National Information Technology Promotion Agency" or any other similar name, in violation of Article 30, shall be punished by an administrative fine not exceeding five million won. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 2 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Preparation for Establishment of Industry Promotion Institute)
| (1) | The Minister of Knowledge Economy shall establish a committee for the establishment of the Industry Promotion Institute (hereinafter referred to as the "organizational committee") to have an organizational committee for conducting administrative affairs for the dissolution of the following institutes and the establishment of the Industry Promotion Institute: |
| (2) | The organizational committee shall be comprised of five committee members or less, including one chairperson, and the chairperson shall be commissioned by the Minister of Knowledge Economy from among the committee members. |
| (3) | Initial executives, except the auditor, of the Industry Promotion Institute shall be appointed by the Minister of Knowledge Economy from among persons recommended by the organizational committee, and the initial auditor of the Industry Promotion Institute shall be appointed by the Minister of Strategy and Finance from among persons recommended by the organizational committee. In such cases, the organizational committee is deemed the committee for recommendation of executives for the appointment of initial executives of the Industry Promotion Institute. |
| (4) | The organizational committee shall prepare the Industry Promotion Institute's articles of incorporation and shall file for the registration of incorporation of the Industry Promotion Institute with joint signatures of committee members thereon without delay, subject to prior authorization of the Minister of Knowledge Economy. |
| (5) | The organizational committee shall, once the head of the Industry Promotion Institute is appointed, transfer administrative affairs to him/her immediately. Members of the organizational committee are deemed dismissed from service upon completion of the transfer. |
| (6) | Expenses incurred in the establishment of the Industry Promotion Institute shall be contributed equally by the institutes specified in paragraph (1) (hereinafter referred to as the "Korea Software Industry Promotion Agency, etc."). |
Article 3 (Transitional Measures concerning Establishment of Industry Promotion Institute)
| (1) | Notwithstanding the provisions governing the dissolution and liquidation of legal entities of the Civil Act that shall apply mutatis mutandis pursuant to relevant Acts, the Korea Software Industry Promotion Agency, etc. are deemed dissolved simultaneously at the time the Industry Promotion Institute is established, and the Industry Promotion Institute shall succeed comprehensively to all rights and obligations of the Korea Software Industry Promotion Agency, etc. |
| (2) | The value of property to which the Industry Promotion Institute shall succeed pursuant to paragraph (1) shall be determined by the book value as at the day immediately preceding the date of registration of establishment. |
| (3) | Names of the Korea Software Industry Promotion Agency, etc. already recorded in registers and other official records at the time this Act enters into force are deemed the name of the Industry Promotion Institute. |
| (4) | Any act already performed by or in relation to the Korea Software Industry Promotion Agency, etc. before this Act enters into force is deemed an act performed by or in relation to the Industry Promotion Agency. |
| (5) | Employees of the Korea Software Industry Promotion Agency, etc. become employees of the Industry Promotion Institute, as determined by the organizational committee. |
Article 4 (Transitional Measures concerning Designation of Public Institution)
The designation of the Korea Software Industry Promotion Agency, etc. as public agencies, already made by the Minister of Knowledge Economy pursuant to the Act on the Management of Public Institutions at the time this Act enters into force, is deemed the designation of the Industry Promotion Institute under this Act. Article 5 (Transitional Measures concerning Standards and Accreditation)
Article 6 (Transitional Measures concerning Designation of Accrediting Institutions)
Article 7 (Transitional Measures concerning Designation of Consulting Companies Specializing in Protection of Information)
Persons designated by the Minister of Knowledge Economy as consulting companies specializing in protection of information pursuant to Article 17 of the previous Act on the Protection of Information and Communications Infrastructure at the time this Act enters into force are deemed consulting companies specializing in knowledge and information security designated pursuant to Article 17. In such cases, the effective period of the designation as an information security consulting firm begins on the day on which the effective period began in accordance with the previous statutes. Article 8 (Transitional Measures concerning the Korea Information Security Industry Association)
Article 9 (Transitional Measures concerning the Fund)
The Fund for the promotion of information and communications, formed pursuant to Article 33 of the previous Framework Act on Informatization Promotion at the time this Act enters into force, is deemed the Fund under this Act. Article 10 Omitted.
Article 11 (Transitional Measures Following Amendments to Other Acts)
Article 12 (Relations to Other Statutes)
| (2) | A citation of the Korea Software Industry Promotion Agency, etc. by any other statutes at the time when this Act enters into force shall be deemed a citation of the Industry Promotion Institute (except matters related to the assignments of research and development of the Institute for Information Technology Advancement, which shall be transferred to the Korea Institute for Advancement of Technology and the Korea Evaluation Institute of Industrial Technology pursuant to Article 6 (3) of the Addenda to the partially amended Industrial Technology Innovation Promotion Act (Act No. 9369)). |
ADDENDA <Act No. 9981, Jan. 27, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Charges) Charges imposed before December 31, 2012 under the previous provisions of Article 43 shall be governed by the previous provisions. |
ADDENDA <Act No. 10165, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10166, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10956, Jul. 25, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12763, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Grounds for Disqualification of Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 1 (a) of Article 34, the previous provisions shall apply to persons who have already been declared incompetent or quasi-incompetent at the time such amended provisions enter into force and for whom the declaration of incompetency or quasi-incompetency remains effective in accordance with Article 2 of the Addenda to the partial amendment to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13015, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Information Security Consulting Firms)
A legal entity, which has been designated as an information security consulting firm under the previous provisions at the time this Act enters into force, shall be governed by the previous provisions notwithstanding the amended provisions of Article 33, within the valid period of its designation, and where the valid period expires, it shall undergo a post management review under the amended provisions of Article 33 (3).
ADDENDA <Act No. 13343, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 13345, Jun. 22, 2015>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 45 shall enter into force on January 1, 2016.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. |
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15377, Feb. 21, 2018>
This Act shall enter into force six months after the date of its promulgation.