CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to realizing an intelligent information society, securing the national competitiveness, and improving the quality of life for citizens, by prescribing matters necessary to establish and promote policies related to intelligent informatization.
The definitions of the terms used in this Act are as follows:
| 1. | The term “information” means all kinds of data or knowledge expressed in codes, letters, voice, sound, image, etc., which are processed by optical or electronic means; |
| 2. | The term “informatization” means making activities in all sectors of the society possible, or promoting the efficiency of such activities, by producing, distributing or utilizing information; |
| 3. | The term “information and communications” means collecting, processing, storing, retrieving, transmitting, receiving and utilizing information, and equipment, technology, services related thereto, and a series of other activities and means to facilitate informatization; |
| 4. | The term “intelligent information technology” means any of the following technologies or technology that converges and applies such technologies: |
| (a) | Technology that electronically realizes learning, reasoning and decision-makings; |
| (b) | Technology that electronically collects, analyzes and processes data (referring to all kinds of data or knowledge expressed in codes, letters, voice, sound, image, etc.); |
| (c) | Technology that processes data between physical objects or between persons and physical objects, or makes the use, control and management of objects possible; |
| (e) | Wireless or wireless-wired combined technology for hyper-connected intelligent IT infrastructure; |
| (f) | Other technology prescribed by Presidential Decree. |
| 5. | The term “intelligent informatization” means making activities in all sectors of the society possible, or making such activities efficient and advanced, by applying or converging intelligent information technology or other technologies based on the production, distribution and utilization of information; |
| 6. | The term “intelligent information society” means a society in which new value is created and progress is achieved in every aspect of industries, the economy, society, culture and administration through intelligent informatization; |
| 7. | The term “intelligent information services” means the following services: |
| (b) | Services utilizing intelligent information technology; |
| (c) | Other services making intelligent informatization possible; |
| 8. | The term “information and communications network” means an information and communications system which collects, processes, stores, retrieves, transmits or receives information using telecommunications facilities and equipment defined in subparagraph 2 of Article 2 of the Framework Act on Telecommunications, or utilizing telecommunications facilities and equipment, computers, or computer-aided technology; |
| 9. | The term “hyper-connected intelligent IC network” means an information and communications network enabling the use of intelligent information services in an networking environment in which all things, including devices and services related to information communications and intelligent information technology, are connected at any time and in any place (hereinafter referred to as “hyper-connected”); |
| 10. | The term “hyper-connected intelligent IC infrastructure” means a hyper-connected intelligent IC network, and devices, facilities, software, data, etc. related to information communications and intelligent information technology, which are used as connected to such network; |
| 11. | The term “information culture” means the lifestyle including the pattern of behaviors, values, norms and practices formed by members of the society through intelligent informatization; |
| 12. | The term “ethics for the intelligent information society" means the value criteria to be observed by individuals or members of the society in the process of developing intelligent information technology, providing and using intelligent information services, and promoting intelligent informatization in order to realize a human-centered intelligent information society; |
| 13. | The term “digital divide” means a situation in which social, economic, regional, or physical circumstances or other factors lead to an imbalance in opportunities to access or use intelligent information services, devices and software related thereto; |
| 14. | The term “overdependence on intelligent information services” means a situation in which a user experiences serious troubles in his or her daily life due to continued excessive use of intelligent information services; |
| 15. | The term “protection of information” means having in place managerial and technical means (hereinafter referred to as “information protection system”) to prevent any damage, alteration, leakage, etc. of information which could occur while information is being collected, processed, stored, retrieved, transmitted, or received; |
| 16. | The term "public institution" means any of the following institutions: |
| (c) | A special corporation established under a Special Act; |
| (e) | Any other corporation, agency, or association prescribed by Presidential Decree; |
| Article 3 (Basic Principles of Intelligent Information Society) |
| (1) | The State, local governments and all members of the society, including citizens, shall realize a free and open intelligent information society and continuously develop such intelligent information society based on the dignity and value of humans. |
| (2) | The State and local governments shall endeavor to ensure that benefits and opportunities brought about by economical development are widely shared by seeking the development of the national economy, improving the quality of life for citizens and promoting their welfare through realization of the intelligent information society. |
| (3) | The State, local governments and all members of the society, including citizens, shall prevent any adverse effects and guarantee the safety of citizens, protection of personal information, and freedom and confidentiality of privacy in the course of developing and utilizing intelligent information technology or using intelligent information services. |
| (4) | The State and local governments shall endeavor to provide equal opportunities for all members of the society in utilizing intelligent information technology or in using intelligent information services. |
| (5) | The State and local governments shall strengthen cooperation with the private sector, and respect and support the private sector’s freedom and originality in the course of promoting the policy measures to realize the intelligent information society. |
| (6) | The State and local governments shall actively promote international cooperation to ensure that the development and utilization of intelligent information technology contribute to the co-development of humankind. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall devise policy measures to realize the intelligent information society in consideration of the purpose and basic principles of this Act. |
| (2) | The State and local governments shall actively reform unnecessary regulations that restrict the development, advancement or utilization of intelligent information technology. |
| (3) | National agencies, local governments and public institutions (hereinafter referred to as “national agencies and similar entities”) shall endeavor to secure safety, reliability and fairness in the development and utilization of intelligent information technology or in the provision and use of intelligent information services. |
| (4) | The State and local governments shall endeavor to solve inequality and actively cope with changes in work environments, which could be caused or worsened by intelligent informatization. |
| Article 5 (Relationship to Other Statutes) |
| (1) | Efforts shall be made to serve the purpose and basic principles of this Act in enacting or amending other statutes concerning the realization of the intelligent information society. |
| (2) | Unless otherwise provided in other statutes, the realization of the intelligent information society shall be governed by this Act. |
| (3) | Unless otherwise provided in this Act, matters concerning the electronic government shall be governed by the Electronic Government Act. |
CHAPTER II ESTABLISHMENT OF POLICIES FOR INTELLIGENT INFORMATION SOCIETY AND PROMOTION SYSTEM
| Article 6 (Establishment of Comprehensive Plans for Intelligent Information Society) |
| (1) | The Government shall establish a comprehensive plan for the intelligent information society (hereinafter referred to as “comprehensive plan”) every three years in order to promote policies for the intelligent information society efficiently and systematically. |
| (2) | The comprehensive plan shall be established by the Minister of Science and ICT after hearing the opinions of the heads of relevant central administrative agencies (including agencies under the jurisdiction of the President and agencies under the jurisdiction of the Prime Minister; hereinafter the same shall apply) and the heads of local governments, and confirmed after deliberation by the Strategic Committee for Information and Communications Technology established under Article 7 of the Special Act on Promotion of Information and Communications Technology and Vitalization of Convergence Thereof (hereinafter referred to as the “Strategic Committee”). The same shall also apply where the Minister of Science and ICT modifies the comprehensive plan. |
| (3) | Where the Minister of Science and ICT requests the heads of relevant central administrative agencies and the heads of local governments to provide materials necessary to establish the comprehensive plan, the heads of such agencies and local government shall comply with the request, unless there is a compelling reason not to do so. |
| (4) | Comprehensive plans shall include the following: |
| 1. | Basic direction-setting for policies for, and medium-to long-term direction-setting for the development of, the intelligent information society; |
| 2. | Intelligent informatization in each sector such as the public sector, private sector and region; |
| 3. | Support for developing science and technologies related to advancement of intelligent information technology and facilitating the use of intelligent information services; |
| 4. | Promoting intelligent informatization in all industries, fostering industries related to intelligent information technology, and creating an industrial ecosystem that encourages the emergence of new industries and new services by such means as reforming regulations and making an environment for fair competition; |
| 5. | Sharing and standardizing information, and establishing hyper-connected intelligent IC networks; |
| 6. | Reforming laws and systems related to the intelligent information society; |
| 7. | Education, campaigns, training of human resources and international cooperation related to intelligent informatization and the intelligent information society; |
| 8. | Creating sound information culture and establishing the ethics for the intelligent information society; |
| 9. | Protection of information, closing the digital divide, resolving adverse effects including matters concerning establishment of the master plans under Article 51, protection of users’ rights and interests, and protection of intellectual property rights; |
| 10. | Raising and managing financial resources necessary to promote the policy measures for realizing the intelligent information society and plans to secure human resources; |
| 11. | Other matters necessary to realize the intelligent information society. |
| (5) | The heads of central administrative agencies and the heads of local governments shall take into consideration, with priority, the matters provided in the subparagraphs of paragraph (4) when establishing and executing major policies which fall within their jurisdiction. |
| (6) | The Minister of Science and ICT shall inspect and analyze the performance of major policy measures provided in the comprehensive plan each year, and shall report the result thereof to the Strategic Committee. |
| Article 7 (Establishment of Action Plans for Intelligent Information Society) |
| (1) | The heads of central administrative agencies and the heads of local governments shall establish and implement an action plan for the intelligent informatization society (hereinafter referred to as "action plan") each year in accordance with the comprehensive plan. |
| (2) | The heads of central administrative agencies and the heads of local governments shall submit a performance report on the action plan for the previous year and an action plan for the following year to the Minister of Science and ICT and the Minister of the Interior and Safety. In such cases, the Minister of the Interior and Safety shall integrate the performance reports on the action plans for the previous year and the action plans for the following year of local governments and submit them to the Minister of Science and ICT. |
| (3) | To modify important matters prescribed by Presidential Decree in the action plan submitted under paragraph (2), the head of the relevant central administrative agency and the head of the relevant local government shall submit the details thereof to the Minister of Science and ICT. |
| (4) | The Minister of Science and ICT and the Minister of the Interior and Safety shall jointly inspect and analyze the performance reports and action plans submitted under paragraph (2) and the action plans submitted under paragraph (3), and the Minister of Science and ICT shall integrate the results of the inspection and analysis by the Minister of the Interior and Safety and present his or her opinion thereon to the Minister of Economy and Finance. |
| (5) | The Minister of Economy and Finance shall consider the opinion of the Minister of Science and ICT presented under paragraph (4) when planning the budget necessary for the action plans. |
| (6) | The Minister of Science and ICT may devise a plan for preventing redundant investments in intelligent informatization projects implemented by national agencies and similar entities in consultation with the heads of relevant central administrative agencies: Provided, That projects that require prior consultation under Article 67 of the Electronic Government Act are excluded herefrom. |
| (7) | Matters necessary concerning the establishment and implementation of the action plans shall be prescribed by Presidential Decree. |
| Article 8 (Intelligent Informatization Officers) |
| (1) | The head of every central administrative agency and the head of every local government shall appoint a responsible officer (hereinafter referred to as “intelligent informatization officer”) who takes overall control of the duties prescribed by Presidential Decree, such as adjusting intelligent informatization projects and efficiently establishing and implementing its policy measures for the intelligent information society. |
| (2) | Upon appointing an intelligent informatization officer under paragraph (1), the head of every central administrative agency and the head of every local government shall notify the chairpersons of the Consultative Council under Article 9 (2) of such appointment. The same shall also apply where an intelligent informatization officer is replaced. |
| Article 9 (Consultative Council of Intelligent Informatization Officers) |
| (1) | The heads of central administrative agencies and the heads of local governments (referring to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, Special Self-Governing Province Governor) shall establish and operate the Consultative Council of Intelligent Informatization Officers (hereafter in this Article referred to as the “Consultative Council”) comprised of the Minister of Science and ICT, the Minister of the Interior and Safety and intelligent informatization officers for such purposes as efficiently promoting policy measures for the intelligent information society and intelligent informatization projects, exchanging necessary information, and consulting on relevant policy measures. |
| (2) | The Consultative Council shall be co-chaired by the Minister of Science and ICT and the Minister of the Interior and Safety. |
| (3) | Matters necessary concerning consultation and operation of the Consultative Council shall be prescribed by Presidential Decree. |
| Article 10 (Adjustment of Intelligent Informatization Policies) |
| (1) | Where the head of a central administrative agency or local government determines that an intelligent informatization policy or project performed by the head of any other central administrative agency or local government is likely to impede the intelligent informatization policy or project performed by that agency or local government, he or she may request the Minister of Science and ICT to make adjustment thereof. |
| (2) | Upon making adjustment under paragraph (1), the Minister of Science and ICT shall notify the head of the relevant central administrative agency or local government of the results of the adjustment. |
| (3) | The head of the relevant central administrative agency or local government shall reflect the results of the adjustment notified under paragraph (2) in promoting the affected intelligent informatization policy and project, unless there is a compelling reason not to do so. |
| (4) | Matters necessary concerning the procedures for and the method of adjustment shall be prescribed by Presidential Decree. |
| Article 11 (Reflection of Intelligent Informatization Plans) |
| (1) | The head of a central administrative agency or the head of a local government that intends to perform an infrastructure project defined in Article 2 of the Act on Public-Private Partnerships in Infrastructure or a regional development project defined in Article 2 of the Regional Development Assistance Act, which involves an intelligent informatization project, shall establish an intelligent informatization plan that contains the utilization of intelligent information technology; integrated use of hyper-connected intelligent IC infrastructure and intelligent information services and other relevant matters, and shall reflect the intelligent informatization plan in establishing and implementing the plan for the relevant project: Provided, That the same shall not apply to any project that uses intelligent information technology modestly and meets the criteria prescribed by Presidential Decree in terms of the characteristics and scale of the intelligent informatization project and other factor. |
| (2) | To establish an intelligent informatization plan under paragraph (1), the head of a central administrative agency or the head of a local government shall review the following matters and submit findings thereof to the Minister of Science and ICT. In such cases, the Minister of Science and ICT may present his or her opinions after reviewing such findings, and the head of the central administrative agency or the head of the local government notified of the opinions shall follow them in the absence of good cause: |
| 1. | Whether the plan overlaps with the information system defined in subparagraph 13 of Article 2 of the Electronic Government Act (hereinafter referred to as “information system”) that has already been established in the central administrative agency or local government or any other administrative agency; |
| 2. | Whether the integrated use or sharing of the information system that is already established in the central administrative agency or local government or any other administrative agency, is possible. |
| (3) | Where the head of a central administrative agency or the head of a local government determines that the integrated use or sharing of the information system already established in any other administrative agency is necessary, based on the findings of review under paragraph (2), he or she may consult with the Minister of Science and ICT to prevent any redundant investment. |
| (4) | The Minister of Science and ICT may provide necessary support, such as technology and human resources, for the heads of central administrative agencies and the heads of local governments so that they can effectively establish intelligent informatization plans under paragraph (1), or may develop and publicly notify guidelines for the establishment and implementation of intelligent informatization plans. |
| (5) | The heads of central administrative agencies and the heads of local governments may operate a specialized project management support system composed of relevant experts in order to appropriately reflect and implement the intelligent informatization plans. |
| Article 12 (Establishment of National Information Society Agency) |
| (1) | The Minister of Science and ICT and the Minister of the Interior and Safety shall establish the National Information Society Agency (hereinafter referred to as the “Information Society Agency”) to support the development of policies related to the intelligent information society, and national agencies and similar entities in promoting their policies for the intelligent information society and intelligent informatization projects. |
| (2) | The Information Society Agency shall be a corporation. |
| (3) | The Information Society Agency shall perform the following functions: |
| 1. | To provide specialized technical support necessary to establish and implement the comprehensive plans, action plans and sectoral promotion plans under Article 13; |
| 2. | To support the establishment of policy measures to disseminate intelligent information technology, and to provide specialized technical support for national agencies and similar entities in respect of facilitating the utilization of intelligent information technology; |
| 3. | To provide specialized technical support for building and operating the hyper-connected intelligent IC infrastructure; |
| 4. | To support national agencies and similar entities in managing and operating hyper-connected intelligent IC networks and their intelligent informatization; |
| 5. | To support the establishment of data-related policy measures, and to provide support necessary to encourage the production, management and distribution of data, including pilot projects and specialized technical support; |
| 6. | To provide support and to conduct research for resolving adverse effects of the intelligent information society, including closing the digital divide and preventing and solving overdependence on intelligent information services; |
| 7. | Support and research necessary to establish the ethics for the intelligent information society and to create information culture; |
| 8. | To support national agencies and similar entities in promoting and evaluating intelligent information projects; |
| 9. | To conduct trend analyses, future forecasts and legal and institutional surveys and research to realize the intelligent information society and to support the development of related policies; |
| 10. | To raise public awareness through education, campaigns and consulting on intelligent informatization and the intelligent information society, to train human resources, and international cooperation; |
| 11. | Other functions prescribed as the functions of the Information Society Agency, or functions entrusted to the Information Society Agency under other statutes or regulations; |
| 12. | Other functions entrusted by national agencies and similar entities. |
| (4) | National agencies and similar entities may make contributions to the Information Society Agency to cover the expenses incurred in relation to its establishment, facilities and operation, and promotion of its projects, and the Government may gratuitously lend the Information Society Agency state-owned property necessary for its establishment, operation, etc. |
| (5) | The Information Society Agency may have national agencies and similar entities that intend to receive support from the Agency bear the whole or part of the expenses incurred in relation to such support. |
| (7) | No person other than the Information Society Agency shall use “National Information Society Agency” or any similar words in its title. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary to establish and operate the Information Society Agency shall be prescribed by Presidential Decree. |
CHAPTER III PROMOTION OF INTELLIGENT INFORMATION IN EACH SECTOR
| Article 13 (Establishment of Sectoral Promotion Plans) |
| (1) | The Government may establish sectoral promotion plans based on the comprehensive plan in order to promote the policy measures for the intelligent information society in major sectors, including creating a foundation for the intelligent information society and intelligent informatization in industries, in a unified and efficient manner. |
| (2) | The Minister of Science and ICT may also present the sectoral promotion plans established under paragraph (1) to the Minister of Economy and Finance when presenting his or her opinion under Article 7 (4). |
| (3) | Matters necessary for establishment of the sectoral promotion plans under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 14 (Promotion of Intelligent Informatization of Public Sector) |
| (1) | National agencies and similar entities shall promote intelligent informatization of the functions under their jurisdiction, including administration, public health, social welfare, education, culture, the environment, transportation, logistics, science and technology, disasters and safety, security, national defense and energy (hereinafter referred to as “intelligent informatization of the public sector”) for such purposes as furthering intelligent informatization of public services and increasing the convenience of citizens. |
| (2) | National agencies and similar entities shall devise a plan necessary to efficiently promote intelligent informatization of the public sector. |
| Article 15 (Promotion of Regional Intelligent Informatization) |
| (1) | National agencies and local governments may promote intelligent informatization in the fields of administration, daily life, industries, etc, in one or several regions or cities (hereinafter referred to as “regional intelligent informatization”) for such purposes as improving the quality of life for local residents, strengthening the capabilities of residents, ensuring balanced regional development and closing the digital divide. |
| (2) | In promoting regional intelligent information, national agencies and local governments shall consider the demand and characteristics associated with each region, collect opinions of relevant agencies, and reflect the results thereof to the maximum extent possible. |
| (3) | National agencies may provide local governments with necessary support in terms of administration, finance and technology, for regional intelligent informatization promoted by the local governments. |
| Article 16 (Support for Intelligent Informatization by Private Sector) |
The Government may provide the private sector with necessary support for intelligent informatization, including intelligent informatization of enterprises and building and using hyper-connected intelligent IC infrastructure, for such purposes as raising the productivity of the private sector including industries, finance and medical services, creating new added value, equally improving citizens’ life and enhancing national competitiveness.
| Article 17 (Cooperation with Private Organizations) |
| (1) | National agencies and similar entities may actively attract private investment and provide necessary support for relevant private business entities and associations of private business entities when promoting intelligent informatization of the public sector and regional intelligent informatization. |
| (2) | National agencies and similar entities may establish and operate a consultative body together with private institutions or relevant entities, as prescribed by Presidential Decree, in order to promote intelligent informatization of the public sector and regional intelligent informatization. |
| Article 18 (Expansion of Intelligent Informatization to Private Sector) |
| (1) | The Government shall establish policy measures necessary to make early presence of industries related to information and communications and intelligent information technology through intelligent informatization of the public sector, and to facilitate the use of such technology in all sectors of the society. |
| (2) | National agencies and similar entities shall establish a framework necessary to ensure that various knowledge and information created by promoting intelligent informatization are distributed and utilized usefully among all sectors of the society. In such cases, the national agencies and similar entities shall protect personal information and trade secrets defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act. |
| Article 19 (Protection of Intellectual Property and Intellectual Property Rights) |
| (1) | National agencies and similar entities shall establish policy measures necessary to guarantee the reasonable protection of intellectual property rights defined in subparagraph 3 of Article 3 of the Framework Act on Intellectual Property in promoting intelligent informatization. |
| (2) | In promoting the intelligent informatization of the public sector, national agencies and similar entities shall not infringe upon any rights or interests of any person or entity that provides information communications services which arise from intellectual property defined in subparagraph 1 of Article 3 of the Framework Act on Intellectual Property. |
| (3) | Any person whose rights or interests are, or are likely to be, infringed upon in violation of paragraph (2) may file a petition with the Working Committee established under Article 7 (5) of the Special Act on Promotion of Information and Communications Technology and Vitalization of Convergence Thereof: Provided, That disputes arising in relation to copyrights shall be mediated by the Korea Copyright Commission established under the Copyright Act. |
| (4) | Matters necessary to receive and handle petitions and mediation under paragraph (3) shall be prescribed by Presidential Decree. |
CHAPTER IV ADVANCEMENT OF INTELLIGENT INFORMATION TECHNOLOGY AND FACILITATING USE OF INTELLIGENT INFORMATION SERVICES
| Article 20 (Development of Intelligent Information Technology) |
| (1) | The Government shall promote policies to facilitate the development and dissemination of intelligent information technology. |
| (2) | For the continued development of intelligent information technology, the Government may authorize any of the following institutes, organizations or business entities (hereafter in this Article referred to as “research institute or similar entity”) to develop intelligent information technology (hereinafter referred to as “technological development”), as prescribed by Presidential Decree: |
| 1. | National or public research institutes; |
| 3. | Government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, or government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 5. | Company-affiliated research institutes that meet the criteria prescribed by Presidential Decree; |
| 7. | Business entities engaging in business related to intelligent informatization; |
| 8. | Other institutes, organizations or business entities prescribed by Presidential Decree. |
| (3) | Costs necessary for technological development shall be appropriated by Government contributions, contributions by any persons other than the Government, and other research and development funds of companies. |
| (4) | Matters necessary to designate research institutes or similar entities and to provide financial assistance under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 21 (Technical Standards) |
| (1) | The Minister of Science and ICT may develop and publicly notify the technical standards necessary to ensure the stability, reliability, interoperability, etc. of intelligent information technology. |
| (2) | Business entities related to intelligent information technology prescribed by Presidential Decree which is germane to the safety of citizens’ lives and bodies shall develop, manage and utilize the intelligent information technology in compliance with the standards prescribed and publicly notified by the Minister of Science and ICT. |
| Article 22 (Standardization of Intelligent Information Technology) |
| (1) | The Minister of Science and ICT may promote the following projects in respect of the standardization of intelligent information technology in order to encourage the development of the intelligent information technology and use of intelligent information services: |
| 1. | Developing, revising, repealing and distributing standards related to the intelligent information technology: Provided, That where Korean industrial standards have been developed under the Industrial Standardization Act, such standards shall be complied with; |
| 2. | Survey, research and development of Korean and overseas standards related to the intelligent information technology; |
| 3. | Other projects for standardizing the intelligent information technology. |
| (2) | The Minister of Science and ICT may afford support to projects for standardizing intelligent information technology promoted by the private sector. |
| (3) | The Minister of Science and ICT shall maintain and strengthen the cooperation system with international organizations or agencies for standardization related to standards for intelligent information technology. |
| (4) | Matters necessary to promote the projects, etc. under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 23 (Training of Professional Human Resources) |
| (1) | The Minister of Science and ICT shall establish and promote the following policy measures necessary to train professional human resources for the development of intelligent information technology and intelligent information services: |
| 1. | Identifying the actual demand for professional human resources and medium-to long-term demand-supply forecasting; |
| 2. | Establishing or supporting training institutions for professional human resources; |
| 3. | Supporting the development and distribution of training and education programs for professional human resources; |
| 4. | Supporting schools of various levels and other educational institutions in providing education about intelligent information technology and intelligent information services; |
| 5. | Other matters necessary to train professional human resources. |
| (2) | To train professional human resources under paragraph (1), the Minister of Science and ICT may designate schools, etc. referred to in Article 2 of the Higher Education Act as training institutions for professional human resources to provide education and training, and may subsidize such institutions within the budget to cover necessary costs. |
| (3) | Where any of the following is applicable to a training institution for professional human resources designated under paragraph (2), the Minister of Science and ICT may revoke the designation of such institution: Provided, That the Minister of Science and ICT shall revoke the designation of such institution in the case of subparagraph 1: |
| 1. | Where it has obtained a designation as a training institution for professional human resources by fraud or other improper means; |
| 2. | Where it fails to comply with the requirements for designation under paragraph (4); |
| 3. | Where it fails to provide training or education for at least one year from the date it is designated as a training institution for professional human resources. |
| (4) | Establishment of the policy measures and details of support under paragraph (1), the requirements and procedures for designation of training institutions for professional human resources under paragraph (2), the procedures for revoking designations under paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 24 (Permission for School Officials or Researchers to Take Leave of Absence) |
| 1. | Faculty members (including researchers at university-affiliated research institutes; hereinafter the same shall apply) of colleges and universities under the Higher Education Act (including industrial colleges and junior colleges); |
| 2. | Researchers at national or public research institutes; |
| 3. | Researches at research institutes provided in Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| 4. | Researches at research institutes provided in Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| (2) | A leave of absence under paragraph (1) shall not exceed three years, but it may be extended for up to three years if the head of an institute to which a school official or researcher belongs determines to be necessary. In such cases, a leave of absence for a university faculty member may exceed the remaining term of his or her appointment, notwithstanding Article 45 (2) of the Educational Officials Act. |
| (3) | Where school officials or researchers take a leave of absence for more than six months under paragraph (1), the prescribed number for faculty members or researchers that equals to the number of the school officials or researchers who take a leave of absence is deemed to exist in the institution to which such school officials or researchers belong. |
| (4) | Where a school official or researcher returns to his or her original position after having taken a leave of absence under paragraph (1), the head of the institution to which the school official or researcher belongs shall not take any unfavorable action against such school official or researcher in terms of his or her position or pay by reason of the leave of absence. |
| Article 25 (Special Cases concerning Dual Office Holding by School Officials or Researchers) |
| (1) | A school official or researcher may serve as the representative or an executive officer or employee of a company specializing in intelligent information services with the permission of the head of the institution to which the school official or researcher belongs: Provided, That school officials or researchers who are public officials may hold dual office only if the efficiency of their duties is unlikely to be compromised. |
| Article 26 (Support for Practicalizing and Commercializing Technological Development) |
The Government may provide the following support for a person who intends to practicalize (referring to products and services made practically available using technology) or commercialize (referring to commercialization defined in subparagraph 3 of Article 2 of the Technology Transfer and Commercialization Promotion Act; hereinafter the same shall apply) outcomes of developing intelligent information technology: | 1. | Providing a loan required for capital investment for practicalization or commercialization; |
| 2. | Assisting the person in gratuitously acquiring, or being granted an exclusive license or non-exclusive license of, any intellectual property right defined in subparagraph 3 of Article 3 of the Framework Act on Intellectual Property created through technological development; |
| 3. | Other matters prescribed by Presidential Decree as necessary to support the practicalization or commercialization of outcomes of technological development. |
| Article 27 (Management and Distribution of Intellectual Property Rights Related to Intelligent Information Technology) |
The Minister of Science and ICT shall establish and promote policy measures on the following matters in order to efficiently support the development, advancement, practicalization and commercialization of intelligent information technology:
| 1. | Collecting, analyzing and processing intellectual property rights, standards, etc. related to intelligent information technology; |
| 2. | Building and operating a system to manage, distribute and utilize intellectual property rights, standards, etc. related to intelligent information technology; |
| 3. | Building and operating a cooperation system for experts’ advice and inter-agency collaboration and system connection related to intelligent information technology; |
| 4. | Other matters prescribed by Presidential Decree concerning production, management, distribution and utilization of intellectual property rights, standards, etc. related to intelligent information technology. |
| Article 28 (Support for Small and Medium Enterprises) |
The Government may afford administrative, financial and technical support to small and medium enterprises that develop intelligent information technology or intelligent information services in order to facilitate the use of intelligent information technology.
| Article 29 (Improvement of Distribution Structure and Facilitation of Supply) |
| (1) | The Government may support such activities as expanding distribution facilities, building efficient distribution systems, and specializing distribution companies, in order to improve the distribution structure of intelligent information technology products and intelligent information services. |
| (2) | The Government may establish and support a plan for supplying intelligent information technology products and intelligent information services to national agencies and similar entities. |
| (3) | Matters necessary in respect of those eligible for support and the method of supplying such support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 30 (Facilitating Use of Intelligent Information Services) |
| (1) | The Government shall establish policy measures to create an environment in which the use of intelligent information services is facilitated and various intelligent information technologies are introduced and diffused in all sectors of the society. |
| (2) | The policy measures established under paragraph (1) shall include a plan for facilitating the development and supply of good content necessary to facilitate the use of intelligent information services and to introduce and diffuse intelligent information technology. |
| Article 31 (Regulatory Reform) |
| (1) | Anyone can develop, provide or utilize intelligent information technology, intelligent information services and intelligent information technology products, and the Government may impose restrictions only in cases where people’s lives and safety are threatened in the course of developing, providing or utilizing the intelligent information technology, intelligent information services and intelligent information technology products. |
| (2) | The Government shall reform or revise statutes, regulations and systems governing intelligent information technology, intelligent information services and intelligent information technology products to be consistent with the principles provided in paragraph (1). |
| Article 32 (Promotion of and Support for Leading Projects) |
| (1) | The Government shall actively promote initiative pilot projects (hereinafter referred to as “leading project”) to encourage the use of intelligent information technology and intelligent information services or for the convergence of intelligent information technology and other technologies in all sectors of the society. |
| (2) | The Government may afford necessary support, such as administrative, financial and technical support to ensure the efficient promotion of leading projects. |
| Article 33 (Designation of Hub Districts for Leading Projects) |
| (1) | The Minister of Science and ICT may designate a hub district for leading projects (hereinafter referred to as “hub district”), as prescribed by Presidential Decree, if necessary to promote and spread leading projects. |
| (2) | To designate a hub district under paragraph (1), the Minister of Science and ICT shall establish a plan for creating the hub district, including the following: |
| 1. | Objectives of, and strategies for, creating the hub district and the promotion system; |
| 2. | Details of the leading project to be implemented in the hub district and matters about the kinds of intelligent information technology; |
| 3. | Matters about the raising and operation of financial resources; |
| 4. | Other matters necessary to create and support the hub district. |
| (3) | The Government and local governments may subsidize a hub district to cover the whole or part of the costs for creating and operating the hub district where necessary to create and operate hub districts. |
| (4) | The Minister of Science and ICT may revoke the designation of a hub district in any of the following cases: Provided, That the Minister shall revoke the designation of a hub district in the case of subparagraph 1: |
| 1. | Where the hub district is designated by fraud or other improper means; |
| 2. | Where there are reasonable grounds to believe that it is impracticable to achieve the purpose of designating the hub district. |
CHAPTER V BUILDING FOUNDATION FOR INTELLIGENT INFORMATIZATION
| Article 34 (Establishment of Policy Measures for Hyper-Connected Intelligent IC Infrastructure) |
| (1) | The Government shall establish and implement policy measures on the building and operation of the hyper-connected intelligent IC infrastructure to ensure the safe and stable provision and use of intelligent information services. |
| (2) | The Government shall establish policy measures necessary for the expansion, advancement and quality control of hyper-connected intelligent IC networks. |
| Article 35 (Management of National Intelligence Network) |
| (1) | The Minister of Science and ICT may build and manage hyper-connected intelligent IC networks (hereinafter referred to as “national intelligence network”) used by public institutions and non-profit organizations prescribed by Presidential Decree (hereinafter referred to as “non-profit organizations and similar institutions”), or may authorize a responsible institution designated under Article 39 to build and manage the national intelligence network, with finance provided by the State. |
| (2) | The Minister of Science and ICT shall devise policy measures necessary to enable non-profit organizations and similar institutions to use the national intelligence network at a minimum cost. |
| (3) | Matters necessary to establish and manage the national intelligence network shall be prescribed by Presidential Decree. |
| Article 36 (Building and Management of Hyper-Connected Intelligent Research and Development Network) |
The Minister of Science and ICT may build, manage and operate the hyper-connected intelligent research and development network (referring to an information and communications network to support testing, verification, and research and development of technologies and services related to hyper-connected intelligent IC networks), or may authorize a responsible institution designated under Article 39 to build, manage and operate such network, with finance provided by the State, in order to facilitate the building of hyper-connected intelligent IC networks.
| Article 37 (Cooperation for Expanding Hyper-Connected Intelligent IC Networks) |
| (1) | The Government shall devise policy measures necessary to efficiently expand and manage such facilities as conduits, utility tunnels and electrical poles (hereinafter referred to as “conduits and related facilities”) to ensure the smooth expansion of hyper-connected intelligent IC networks. |
| (2) | A facilities-based telecommunications service provider registered under Article 6 of the Telecommunications Business Act, a CATV broadcasting business entity and a CATV relay broadcasting business entity defined in Article 2 of the Broadcasting Act (hereafter in this Article referred to as "facilities-based telecommunications service provider or similar business entity") may request the head of an agency that constructs, operates and manages roads, railroads, subways, waterworks and sewerage, electrical facilities, telecommunications circuit facilities, etc. to construct or lease conduits and related facilities necessary for installing telecommunications cable facilities (including signal transmission and line facilities under Article 80 of the Broadcasting Act) on the condition that facilities-based telecommunications service providers and similar business entities bear the costs incurred therein. |
| (3) | A facilities-based telecommunications service provider or similar business entity may request mediation to the Minister of Science and ICT if it fails to agree with the agencies referred to in paragraph (2) on the construction or lease of conduits and related facilities. |
| (4) | To conduct mediation upon a request for mediation under paragraph (3), the Minister of Science and ICT shall consult in advance with the heads of relevant central administrative agencies. |
| (5) | Matters necessary in respect of requests for construction or lease, and the agreement and mediation under paragraphs (2) through (4) shall be prescribed by Presidential Decree. |
| Article 38 (Interconnection of Hyper-Connected Intelligent IC Networks) |
| (1) | The Government shall establish policy measures necessary to interconnect hyper-connected intelligent IC networks in order to facilitate the efficient operation of hyper-connected intelligent IC networks built by national agencies and local governments and the sharing of information. |
| (2) | To build and operate a hyper-connected intelligent IC network, a national agency or local government shall preferentially develop a plan for jointly utilizing the hyper-connected intelligent IC network of any other agency. |
| Article 39 (Designation and Operation of Responsible Institution) |
| (1) | Where the Minister of Science and ICT determines to be necessary to efficiently build and promote the use of, hyper-connected intelligent IC infrastructure, the Minister may designate an institution to take overall responsibility for such functions (hereinafter referred to as “responsible institution”). |
| (2) | The Government may contribute or loan to a responsible institution a fund necessary to perform the functions related to building and promoting the use of, hyper-connected intelligent IC infrastructure. |
| (3) | Responsible institutions shall keep a separate account of the fund under paragraph (2) for management purposes. |
| (4) | Designation and operation responsible institutions and other necessary matters shall be prescribed by Presidential Decree. |
| Article 40 (Facilitating Building and Operation of Data Centers) |
| (1) | To provide intelligent information services, the Minister of Science and ICT may establish and implement policy measures to facilitate the building and operation of a data center for such purposes as stably operating facilities that operate and manage many hyper-connected intelligent IC infrastructure by collectively integrating such infrastructure in a specific space (hereinafter referred to as “data center”) and efficiently providing such intelligent information services. |
| (2) | The Minister of Science and ICT may establish and implement policy measures to facilitate the building and operation of private data centers and may provide support necessary therefor. |
| (3) | The Minister of the Interior and Safety may establish and implement policy measures to facilitate the building and operation of data centers for the Government and the public sector, and may provide support necessary to enhance the stability and reliability of intelligent information services provided by public institutions using private data centers. |
| (4) | Establishment and implementation of the policy measures, entities eligible for support and the methods of providing support under paragraphs (1) through (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 41 (Use of Internet Address Resources) |
National agencies and similar entities shall endeavor to use a 128-bits long Internet address when they intend to establish new hyper-connected intelligent IC infrastructure or website, or to upgrade hyper-connected intelligent IC infrastructure and website already in place and operation, using an Internet address defined in subparagraph 1 of Article 2 of the Internet Address Resources Act.
| Article 42 (Establishment of Data-Related Policy Measures) |
| (1) | The Government shall promote the policies necessary to facilitate the production, collection, distribution and utilization of data that is required to efficient promote intelligent informatization and to encourage the provision and use of intelligent information services. |
| 1. | Basic directing-setting for data-related policy measures; |
| 2. | Production, collection, distribution and utilization of data; |
| 3. | Building a system to facilitate the distribution of, and to distribute data; |
| 4. | Promoting technological development concerning the production, collection, distribution and utilization of data; |
| 5. | Standardizing and raising the quality of, data; |
| 6. | Training professional human resources specializing in data and fostering companies specializing in data; |
| 7. | Securing financial resources related to subparagraphs 2 through 6; |
| 8. | Other matters necessary for the production, collection, distribution and utilization of data. |
| Article 43 (Distribution and Utilization of Data) |
| (1) | The Government may build a cooperation system with national agencies, similar entities, corporations, institutions and organizations for the efficient production, collection and management of, and smooth distribution and utilization of data, and may provide support therefor. |
| (2) | The Government may provide support for national agencies, similar entities, corporations, institutions and organizations that produce, collect or retain any of the following data which needs to be efficiently distributed and utilized for the realization of the intelligent information society: Provided, That matters concerning public data shall be governed by the Act on Promotion of the Provision and Use of Public Data: |
| 1. | Digitalized data or data that needs to be digitalized in respect of art and science, culture, science and technology, administration, etc., which deserves to be preserved and used on a national level; |
| 2. | Data necessary to improve the quality of life for citizens and their welfare and safety; |
| 3. | Data necessary to promote the development of national economy and industries and to secure national competitiveness; |
| 4. | Other data necessary for the development of intelligent informatization and intelligent information services. |
| (3) | The Integrated Data Support Center may be established in the Information Society Agency to support the production, collection, distribution, utilization, etc. of the data specified in the subparagraphs of paragraph (2): Provided, That matters concerning public data shall be governed by the Act on Promotion of the Provision and Use of Public Data. |
| (4) | Matters necessary in respect of the details of, and methods for, the support under paragraph (2) and further details about the functions and operation of the Integrated Data Support Center shall be prescribed by Presidential Decree. |
CHAPTER VI BUILDING FOUNDATION FOR INTELLIGENT INFORMATION SOCIETY
SECTION 1 Fostering and Dissemination of Information Culture and Response to Social Change
| Article 44 (Creation and Spread of Information Culture) |
| (1) | National agencies and similar entities shall endeavor to achieve the following in order to create and spread free and open information culture that respects the dignity and value of humans: |
| 1. | To universally enjoy benefits created by realizing the intelligent information society; |
| 2. | To establish ethics for the intelligent information society; |
| 3. | To protect the confidentiality and freedom of privacy and personal information; |
| 4. | To close the digital divide caused by intelligent informatization; |
| 5. | To prevent and solve overdependence on intelligent information services; |
| 6. | To protect the rights and interests of users of intelligent information technology and intelligent information services. |
| (2) | Central administrative agencies and local governments shall establish and implement a plan for the following matters for such purposes as creating and spreading sound information culture and raising citizens’ understanding of the intelligent information society: |
| 1. | Education about information culture and training of related human resources; |
| 2. | Campaigns to create information culture; |
| 3. | Developing and distributing education content on information culture; |
| 4. | Supporting for organizations engaging in business or activities to create information culture; |
| 5. | Matters concerning creating a foundation for, and improving the system for, enjoying information culture and facilitating the exchanges of information culture; |
| 6. | Other matters necessary to create information culture. |
| (4) | The Government shall designate and operate the Month of Information Culture, as prescribed by Presidential Decree, for such purposes as creating and spreading sound information culture and raising citizens’ understanding of the intelligent information society. |
| Article 45 (Establishment of Policy Measures for Closing Digital Divide) |
National agencies and local governments shall establish policy measures necessary to ensure that all citizens can practically enjoy the basic right to efficiently access and beneficially utilize the intelligent information services without any discrimination.
| Article 46 (Guaranteeing Access to and Use of Information by Persons with Disabilities and Senior Citizens) |
| (1) | National agencies and similar entities shall guarantee accessibility when providing information or services through the information and communications networks so that persons with disabilities, senior citizens, etc. can easily access wired and wireless information communications, such as websites and application software installed in mobile communications terminals (referring to terminal devices required to access facilities-based telecommunications services which use frequencies allocated under the Radio Waves Act; hereinafter the same shall apply). |
| (2) | Intelligent information services providers shall endeavor to improve access by persons with disabilities, senior citizens, etc. and user convenience when providing such services. |
| (3) | In designing, manufacturing and fabricating devices and software related to information communications or intelligent information technology (hereinafter referred to as “intelligent information products”), manufacturers related to information communications or intelligent information technology shall endeavor to ensure that persons with disabilities, senior citizens, etc. can easily access and use intelligent information products. In such cases, where persons with disabilities, senior citizens, etc. cannot use intelligent information products without auxiliary devices, the manufacturers shall endeavor to ensure that the intelligent information products are compatible with the auxiliary devices. |
| (4) | In purchasing intelligent information products, national agencies and similar entities shall establish policy measures necessary to promote the preferential purchase of intelligent information products which guarantee access to information by persons with disabilities, senior citizens, etc. and user convenience. |
| (5) | Telecommunications business operators defined in subparagraph 8 of Article 2 of the Telecommunications Business Act shall endeavor to enhance access to intelligence information services by persons with disabilities, senior citizens, etc. and user convenience. |
| (6) | The Minister of Science and ICT shall determine and publicly notify the types, guidelines, etc. of intelligent information products and intelligent information services for enhancing access to intelligent information services by persons with disabilities, senior citizens, etc. and user convenience. |
| (7) | The standards and procedures for verification of intelligent information products subject to preferential purchase and promotion of purchase under paragraph (4) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 47 (Quality Certification for Information Communications Accessibility by Persons with Disabilities and Senior Citizens) |
| (1) | The Minister of Science and ICT may certify the quality of accessibility to wired and wireless information communications prescribed by Presidential Decree under Article 46 (1) (hereinafter referred to as “information communications accessibility certification”) to enhance access to information by persons with disabilities, senior citizens, etc. and user convenience. |
| (2) | The Minister of Science and ICT may designate a certification institution to conduct information communications accessibility certification. |
| (3) | A person who intends to obtain a designation as a certification institution under paragraph (2) shall apply for designation as a certification institution to the Minister of Science and ICT. |
| (4) | Where any of the following is applicable to an institution designated as a certification institution under paragraph (2), the Minister of Science and ICT may revoke the designation of the institution, or may issue an order suspending the whole or part of its business for a period not to exceed one year: Provided, That the Minister shall revoke the designation thereof in the case of subparagraph 1 or 2: |
| 1. | Where it has obtained a designation as a certification institution by fraud or other improper means; |
| 2. | Where it has provided certification services during the suspension period; |
| 3. | Where it fails to provide certification services without good cause; |
| 4. | Where it fails to meet the requirements for designation as certification institutions prescribed under paragraph (5); |
| 5. | Where it grants certification not in compliance with the certification standards or procedures prescribed under paragraph (5). |
| (5) | Requirements for designation as certification institutions, revocation of designations and suspension of business under paragraph (1) and other matters necessary to operate the information communications accessibility certification system shall be prescribed by Presidential Decree. |
| Article 48 (Application for Information Communications Accessibility Certification) |
| (1) | A person that intends to obtain information communications accessibility certification shall apply for certification with a certification institution designated under Article 47 (2). |
| (2) | A person who has obtained information communications accessibility certification may indicate the details of the information communications accessibility certification, or advertise that he or she has obtained the information communications accessibility certification when providing the relevant information communications services, as prescribed by Presidential Decree. |
| (3) | No one who fails to obtain information communications accessibility certification shall post the information communications accessibility certification mark under paragraph (2) or any similar mark, or advertise that he or she has obtained information communications accessibility certification. |
| (4) | Where any of the following is applicable to a person who has obtained information communications accessibility certification, the head of the certification institution that granted the certification may revoke such certification: Provided, That the head of the certification institution shall revoke the certification in the case of subparagraph 1: |
| 1. | Where the person has obtained the information communications accessibility certification by fraud or other improper means; |
| 2. | Where the person fails to satisfy the information communications accessibility certification criteria prescribed under paragraph (5). |
| (5) | The criteria, procedures and methods for, and effective period of, certification, imposition of fees under paragraphs (2) through (4) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 49 (Technological Development Related to Closing of Digital Divide and Support for Distribution of Intelligent Information Products) |
| (1) | National agencies and local governments shall establish policy measures necessary to develop relevant technology for improving access to information by persons with disabilities, senior citizens, etc. and the user environment, and the Minister of Science and ICT may support the development of related technologies and distribution of intelligent information products. |
| (2) | National agencies and local governments may provide financial and technical support for the following business entities: |
| 1. | A business entity that develops and produces intelligent information products for improving access to information by persons with disabilities, senior citizens, etc. and the user environment; |
| 2. | A business entity that provides content for persons with disabilities, senior citizens, farmers, fishermen, low-income earners, etc.; |
| 3. | A business entity that develops and distributes related technologies under paragraph (1). |
| (3) | National agencies and local governments may provide the following persons with intelligent information products at or free of charge, as prescribed by Presidential Decree: |
| 3. | Other persons prescribed by Presidential Decree who have difficulty using information due to economic, regional, physical or social constraints. |
| (4) | Matters concerning the selection of entities eligible for support and the method of, and procedures for support under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 50 (Conducting Education to Close Digital Divide) |
| (1) | National agencies and local governments shall conduct education necessary for closing the digital divide (hereafter in this Article referred to as "education to close the digital divide"). |
| (2) | National agencies and local governments may bear the whole or part of the costs required for conducting education to close the digital divide for the following persons: |
| 4. | Other persons prescribed by Presidential Decree for whom education to close the digital divide, financed by the State, needs to be conducted. |
| (3) | The Government may provide necessary human resources, such as social service personnel defined in Article 2 (1) 10 of the Military Service Act, for education to close the digital divide or for managing facilities required for education to close the digital divide. |
| (4) | Recipients and kinds of education to close the digital divide shall be prescribed by Presidential Decree. |
| Article 51 (Establishment of Plans for Preventing and Solving Overdependence on Intelligent Information Services) |
| (1) | The Minister of Science and ICT shall establish a master plan for preventing and solving overdependence on intelligent information services (hereinafter referred to as “master plan”) every three years in consultation with the heads of relevant central administrative agencies. |
| (2) | The Minister of Science and ICT and the heads of relevant central administrative agencies shall establish an action plan for preventing and solving overdependence on intelligent information services (hereafter in this Article referred to as “action plan”) each year in accordance with the relevant master plan. |
| (3) | The Minister of Science and ICT and the heads of relevant central administrative agencies may request cooperation, including submission of necessary materials, from the heads of relevant administrative agencies, public agencies and organizations where necessary to establish the master plan or action plan. Upon receiving a request for cooperation, the relevant persons shall comply with the request, unless there is a compelling reason not to do so. |
| (4) | Matters necessary to establish and implement the master plans and actions plans shall be prescribed by Presidential Decree. |
| Article 52 (Response Centers to Overdependence on Intelligent Information Services) |
| (1) | National agencies and local governments may establish and operate a center specialized in activities coping with overdependence on intelligent information services (hereinafter referred to as “Response Centers”) in order to prevent and solve overdependence on intelligent information services. |
| (2) | The Response Centers shall perform the following activities: |
| 1. | Counseling and treatment for overdependence on intelligent information services; |
| 2. | Education and campaigns concerning prevention and solution of overdependence on intelligent information services; |
| 3. | Other activities necessary to prevent and solve overdependence on intelligent information services. |
| (3) | Other matters necessary to establish and operate the Response Centers shall be prescribed by Presidential Decree. |
| Article 53 (Training of Experts in Overdependence on Intelligent Information Services) |
The Minister of Science and ICT may implement policies necessary to train experts in preventing and solving overdependence on intelligent information services in consultation with the heads of relevant central administrative agencies.
| Article 54 (Education about Overdependence on Intelligent Information Services) |
| (1) | National agencies and local governments may conduct education necessary for preventing and solving overdependence on intelligent information services. |
| (2) | The heads of the following institutions shall conduct education for preventing and solving overdependence on intelligent information services as specified in the each subparagraph, and shall submit the results thereof to the Minister of Science and ICT: Provided, That the heads of the institutions referred to in subparagraphs 2 and 3 may publish the results under the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions in lieu of submission of the results: |
| 5. | Other public institutions prescribed by Presidential Decree: At least once a year. |
| (3) | The Minister of Science and ICT shall annually inspect the results of education conducted under paragraph (2). |
| (4) | Where the Minister of Science and ICT determines that an institution has provided poor education upon inspecting the results of education under paragraph (3), the Minister shall take necessary measures, such as providing special education for its manager, as prescribed by Presidential Decree. |
| (5) | National agencies and local governments may provide financial or administrative support necessary for education under paragraph (2). |
| (6) | Matters necessary in respect of the details and methods of education and submission of the results of education under paragraphs (1) and (2), inspections under paragraph (3), etc. shall be prescribed by Presidential Decree. |
| Article 55 (Response to Changes in Employment and Work Environments) |
The Government shall establish and implement measures for employment, education and welfare including the following to prepare for changes in employment and work environments caused by accelerating intelligent informatization:
| 1. | Matters concerning mitigation of polarization and reduction of inequality to ensure the sharing of benefits and opportunities brought about by the economic growth of the intelligent information society; |
| 2. | Matters concerning establishment of the employment security net and creation of new jobs to prepare for changes in the employment structure, such as job polarization. |
| Article 56 (Social Impact Assessments of Intelligent Information Services) |
| (1) | The State and local governments may survey and assess the following matters (hereinafter referred to as “social impact assessment”) in respect of how the utilization and spread of intelligent information services, etc. that have far-reach effects on citizens’ lives affect the society, economy, culture and citizens’ daily lives: Provided, That a technology impact assessment under Article 14 (1) of the Framework Act on Science and Technology shall be conducted in the case of intelligent information technology: |
| 1. | Safety and reliability of intelligent information services, etc.; |
| 2. | Impacts on the information culture, such as closing the digital divide, protection of privacy and ethics for the intelligent information society; |
| 3. | Impacts on the society and the economy, such as employment, labor, fair trade, industrial structure, rights and interest of users, etc.; |
| 4. | Impacts on information protection; |
| 5. | Other impacts of intelligent information services, etc. on the society, economy, culture and citizens’ daily lives. |
| (2) | The Minister of Science and ICT shall publish the results of social impact assessments and may recommend national agencies, similar entities, business entities, etc. to take necessary measures, such as improving the safety and reliability of the relevant intelligent information services, etc. |
SECTION 2 Guaranteeing Safety and Reliability in Use of Intelligent Information Technology and Intelligent Information Services
| Article 57 (Establishment of Policy Measures on Protection of Information) |
| (1) | National agencies and local governments shall establish policy measures to protect information through the entire course in which information is processed or intelligent information services are provided or used. |
| (2) | The Government may prepare measures to facilitate the development and use of cryptography technology and to ensure the safety of intelligent information services using cryptography technology. |
| Article 58 (Public Notice of Standards for Information Protection Systems) |
| (1) | The Minister of Science and ICT may establish and publicly notify the standards for the performance and reliability of information protection systems in consultation with the heads of relevant agencies, and may recommend persons who manufacture or import the information protection systems to comply with such standards. |
| (2) | Where an information protection system distributed or being in use fails to comply with the standards established under paragraph (1), the Minister of Science and ICT may recommend that the information protection system is supplemented or other necessary measures are taken. |
| (3) | Procedures for establishing the standards under paragraph (1), matters concerning recommendations under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 59 (Safety of Hyper-Connected Intelligent IC Infrastructure) |
| (1) | Any person who builds and operates hyper-connected intelligent IC infrastructure shall endeavor to improve the safety and reliability of the hyper-connected intelligent IC infrastructure. |
| (2) | The Minister of Science and ICT may publicly notify the standards for the safety and reliability of hyper-connected intelligent IC infrastructure and the standards for information protection (including administrative, physical and technical protection measures) in consultation with the heads of relevant agencies, including the Minister of the Interior and Safety, and recommend persons who manufacture, build and operate hyper-connected intelligent IC infrastructure to comply with such standards. |
| Article 60 (Safety Protection Measures) |
| (1) | The Minister of Science and ICT may determine and publicly notify the details and methods of minimum necessary protection measures as specified in the following in consultation with the heads of relevant agencies, including the Minister of the Interior and Safety, in order to ensure the safety of intelligent information technology and intelligent information services: |
| 1. | Matters concerning prevention of malfunctions of intelligent information technology and intelligent information services; |
| 2. | Matters concerning prevention of electronic intrusions, such as unauthorized access to and manipulation of intelligent information technology and intelligent information services; |
| 3. | Matters concerning storage, management, provision, etc. of the access logs, operation and use logs of intelligent information technology and intelligent information services; |
| 4. | Matters concerning shutting down (hereinafter referred to as “emergency shutdown”) the operation of intelligent information technology and provision of intelligent information services externally in an emergency situation and provision of algorithm necessary for emergency shutdown; |
| 5. | Other matters necessary to ensure the safety of intelligent information technology and intelligent information services. |
| (2) | The Minister of Science and ICT may recommend persons who develop or utilize intelligent information technology and persons who provide intelligent information services to take safety protection measures as provided in the public notice given under paragraph (1). |
| (3) | The head of a central administrative agency may request a person who develops or utilizes intelligent information technology and a person who provides intelligent information services to activate emergency shutdown if necessary to prevent imminent harm to people’s lives or bodies. In such cases, upon receipt of a request, the person shall comply with the request in the absence of good cause. |
| Article 61 (Privacy by Design) |
| (1) | Persons who develop or utilize intelligent information technology, persons who provide intelligent information services, and persons who use intelligent information technology or intelligent information services shall not infringe on the privacy and personal information (hereinafter referred to as “privacy and personal information”) of any other user or third person. |
| (2) | Persons who develop or utilize intelligent information technology and persons who provide intelligent information services shall design the intelligent information technology and intelligent information services appropriately for protecting privacy and personal information. |
| (3) | National agencies and local governments shall establish policy measures to protect privacy and personal information to guarantee the dignity and value of humans when promoting intelligent informatization. |
| Article 62 (Ethics for Intelligent Information Society) |
| (1) | National agencies and local governments shall devise policy measures, including the following matters, in order to establish ethics for the intelligent information society, which contain ethical principles of respecting the dignity and value of humans and publicness, accountability, control and transparency, in the development and utilization of intelligent information technology and in the provision and use of intelligent information services: |
| 1. | Education, training of professional human resources, and campaigns for establishing ethics for the intelligent information society; |
| 2. | Development and distribution of education content about ethics for the intelligent information society; |
| 3. | Research and development related to ethics for the intelligent information society; |
| 4. | Support for organizations related to ethics for the intelligent information society. |
| (2) | The Government shall actively promote ethics education, campaigns and institutional reforms to ensure that persons who develop or utilize intelligent information technology and persons who provide or use intelligent information services do not harm the dignity and value of humans and violate basic ethics for the intelligent information society. |
| (3) | The Government shall develop and distribute programs and content used for school education, lifelong education, and campaigns through the press, Internet or other means for the ethics education and campaigns under paragraph (2). |
| (4) | The Government may establish and distribute an ethics guide for the intelligent information society, which prescribes matters to be complied with by developers, suppliers and users of intelligent information technology or intelligent information services. |
| Article 63 (Protection of Users’ Rights and Interests) |
| (1) | National agencies and local governments shall establish policy measures on the following to protect the rights and interests of persons who use intelligent information technology and intelligent information services when promoting the policy measures for the intelligent information society: |
| 1. | Prevention of harm to users’ lives, bodies, honor and property; |
| 2. | Rapid and fair remedial measures for user complaints and damage; |
| 3. | Promotion of organizations for protecting users’ rights and interests and supporting such organizations’ activities; |
| 4. | Education, campaigns and research for protecting users’ rights and interests; |
| 5. | Reform of statutes, regulations and systems, such as compensation and insurance for guaranteeing users’ safety, remedying their damages and otherwise protecting their rights and interests; |
| 6. | Other matters related to the protection of users’ rights and interests. |
| (2) | Providers of information communications services shall prepare measures necessary for protecting their users in the conduct of their business. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 64 (Raising Financial Resources) |
| (1) | National agencies and local governments shall endeavor to secure financial resources necessary for promoting the policy measures provided in this Act: |
| (2) | National agencies and local governments may subsidize relevant projects with the State or local governments’ budget in order to implement policy measures provided in this Act. |
| Article 65 (International Cooperation) |
| (1) | The Government shall stay closely informed of international trends on development of intelligent information technology and intelligent information services and promotion of intelligent informatization and the intelligent information society, and promote international cooperation. |
| (2) | The Government may render administrative and financial support so that Korea can play a leading role in establishing international standards for intelligent information technology, intelligent information services and intelligent informatization. |
| (3) | The Government may perform the following functions to promote international cooperation about the intelligent information society and intelligent informatization: |
| 1. | To support international exchanges of technology and human resources related to the intelligent information society and intelligent informatization; |
| 2. | To support international standardization, international joint research and development projects, etc.; |
| 3. | To cooperate with international organizations and foreign governments; |
| 4. | International evaluation relating to intelligent informatization; |
| 5. | To support the private sector’s international cooperation in intelligent informatization; |
| 6. | International cooperation relating to establishment of information culture and ethics for the intelligent information society, closing of the digital divide, and the prevention and solution of overdependence on intelligent information services; |
| 7. | Other functions prescribed by Presidential Decree concerning international cooperation. |
| Article 66 (Indicator Surveys) |
The Minister of Science and ICT shall survey, develop and distribute indicators on the intelligent information society, such as development of intelligent information technology and intelligent information services, and utilization of intelligent information technology in all sectors of the society.
| Article 67 (Annual Reporting) |
| (1) | The Government shall submit a report on the policy measures and trends of promoting the intelligent information society to the National Assembly each year prior to the opening of a regular session of the National Assembly. |
| (2) | The Minister of Science and ICT shall conduct a survey on the following, compile survey findings and include the survey findings in the report submitted under paragraph (1): |
| 1. | Implementation status of leading projects; |
| 2. | Data utilization status; |
| 3. | Status of digital divide and efforts to close such digital divide; |
| 4. | Status of overdependence on intelligent information services and related education and measures taken; |
| 5. | Other matters prescribed by Presidential Decree. |
| (3) | Matters necessary for surveys under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 68 (Requests for Submission of Materials) |
| (1) | The Minister of Science and ICT may request materials and cooperation from national agencies and similar entities for the following functions: |
| 1. | To support the establishment and modification of the comprehensive plans under Article 6; |
| 2. | To support the inspection and analysis of the actions plans under Article 7, and adjustment of intelligent informatization policies, etc. under Article 10; |
| 3. | To establish the master plans under Article 51; |
| 4. | To develop the details and standards for safety protection measures under Article 60; |
| (2) | The Minister of the Interior and Safety may request materials from national agencies and similar entities to inspect and analyze the actions plans established under Article 7. |
| Article 69 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority conferred on the Minister of Science and ICT and the Minister of the Interior and Safety by this Act may be delegated to the heads of agencies under the jurisdiction of the Ministry of Science and ICT or the Ministry of the Interior and Safety or to the heads of local governments, or may be entrusted to the heads of other administrative agencies, as prescribed by Presidential Decree. |
| (2) | The Minister of Science and ICT may entrust the following authority to the Information Society Agency, as prescribed by Presidential Decree: |
| 1. | To operate the specialized project management support system under the jurisdiction of the Ministry of Science and ICT under Article 11 (5); |
| 2. | To operate the system to manage, distribute and utilize intellectual property rights, standards, etc. related to intelligent information technology under Article 27; |
| 3. | To implement and support leading projects under Article 32; |
| 4. | To support the operation of the information communications accessibility certification system under Article 47. |
| (3) | The Minister of the Interior and Safety may entrust the following authority to the Information Society Agency and the Korea Local Information Research & Development Institute established under Article 72 of the Electronic Government Act, as prescribed by Presidential Decree: |
| 1. | To operate the specialized project management support system under the jurisdiction of the Ministry of the Interior and Safety under Article 11 (5); |
| 2. | To promote regional intelligent informatization under Article 15; |
| 3. | To implement and support leading projects under Article 32; |
| Article 70 (Administrative Fines) |
| (1) | Any person who uses “National Information Society Agency” or any similar words in his or her title in violation of Article 12 (7) shall be subject to an administrative fine of not more than 10 million won. |
| (2) | Any of the following persons shall be subject to an administrative fine of not more than five million won: |
| 1. | Any person who develops, manages and utilizes intelligent information technology in violation of Article 21 (2); |
| 2. | Any person who posts the information communications accessibility certification mark or a similar mark or advertises as if he or she obtained information communications accessibility certification, in violation of Article 48 (3). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Science and ICT. |
ADDENDA <Act No. 17344, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 46 (4) and (7) shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Name Change of the Korea Information Society Promotion Agency)
| (1) | The Korea Information Society Promotion Agency established under the previous Article 14 (hereinafter referred to as the “Information Society Promotion Agency”) as at the time this Act enters into force shall be deemed the National Information Society Agency established under the amended provisions of Article 12 of this Act. |
| (2) | All property, rights and duties of the Information Society Promotion Agency established under the previous Article 14 as at the time this Act enters into force are succeeded to by the National Information Society Agency established under this Act. |
| (3) | The name of the Information Society Promotion Agency established under the previous Article 14 recorded on any register or other official documents as at the time this Act enters into force shall be deemed the name of the National Information Society Agency under this Act. |
| (4) | Any act done by or against the Information Society Promotion Agency established under the previous Article 14 as at the time this Act enters into force shall be deemed an act done by or against the National Information Society Agency. |
| (5) | Executive officers and employees of the Information Society Promotion Agency under the previous Article 14 as at the time this Act enters into force shall be deemed executive officer and employees of the National Information Society Agency. |
Article 3 (Transitional Measures concerning Master Plans)
The master plan established under the previous Article 6 as at the time this Act enters into force remains valid until the master plan is established under the amended provisions of Article 6. Article 4 (Transitional Measures concerning Action Plans)
The action plan established under the previous Article 7 as at the time this Act enters into force remains valid until the action plan is established under the amended provisions of Article 7. Article 5 (Transitional Measures concerning National Information Super-Highway)
| (1) | Projects related to building and managing the national information super-highway under the previous Article 44 as at the time this Act enters into force shall be deemed to have been performed under the amended provisions of Article 35. |
| (2) | Projects related to building, managing and operating the broadband integrated research and development network under the previous Article 45 as at the time this Act enters into force shall be deemed to have been performed under the amended provisions of Article 36. |
| (3) | The Internet Addition Response Center established under the previous Article 30-6 as at the time this Act enters into force shall be deemed to be the Response Center established under the amended provisions of Article 52. |
Article 6 (Transitional Measures concerning Application of Administrative Fines)
The application of administrative fines to any violation committed before this Act enters into force shall be governed by the previous provisions.
Article 7 Omitted.
Article 8 (Relationship with Other Statutes or Regulations)