ACT ON ESTABLISHMENT OF INFRASTRUCTURE FOR INFORMATIZATION OF NATIONAL DEFENSE AND MANAGEMENT OF INFORMATIONAL RESOURCES FOR NATIONAL DEFENSE
Act No. 9995, Feb. 4, 2010
Amended by Act No. 11688, Mar. 23, 2013
Act No. 12553, May 9, 2014
Act No. 17344, jun. 9, 2020
Act No. 18682, Jan. 4, 2022
Act No. 18800, Feb. 3, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the fostering of advanced elite armed forces and the advancement of information technology for national defense befitting the future information society by providing for matters regarding the informatization of national defense and the management of informational resources for national defense.
The terms used in this Act are defined as follows: <Amended on Feb. 3, 2022>
| 1. | The term "defense information" means all types of data or knowledge processed in an optical or electronic format for national defense and expressed by codes, letters, voice, sound, or images; |
| 2. | The term "defense informatization" means enabling or improving the efficiency of activities for national defense by producing, distributing, or utilizing defense information; |
| 3. | The term "defense information and communications network" means an information and communications system by which defense information is collected, processed, stored, searched, transmitted, or received by using the telecommunications facilities under subparagraph 2 of Article 2 of the Framework Act on Telecommunications or by utilizing telecommunications facilities, computers, and technology applied to computers; |
| 4. | The term "defense information system" means a system into which instruments and software related to the collection, processing, storage, search, transmission, reception, and utilization of defense information are organized; |
| 5. | The term "informational resources for national defense" means resources specified by Presidential Decree as necessary for defense informatization, including defense information, facilities therefor (including wired and wireless instruments and telecommunications facilities), technology, human resources, and funds; |
| 6. | The term "protection of defense information" means all activities for improving the capabilities of the Armed Forces in performance of operations, including the denial, deterrence, restriction, prevention, preparedness, response, recovery, verification, monitoring, reverse tracing, and blocking of electronic intrusion to the defense information and communications network; |
| 7. | The term "defense informatization program" means a program specified by Ordinance of the Ministry of National Defense as one for the establishment and operation of the defense information and communications network or the defense information system. |
| Article 3 (Relationships to Other Statutes) |
As regards the defense informatization and the management of informational resources for national defense, this Act shall take precedence over other statutes.
CHAPTER II IMPLEMENTATION OF POLICES ON DEFENSE INFORMATIZATION
| Article 4 (Basic Principles) |
The Government shall implement policies on defense informatization in compliance with the following basic principles:
| 1. | Strategic informatization for national security of the information society; |
| 2. | Economical informatization through the efficient management of informational resources for national defense; |
| 3. | Technical informatization for securing superior technology for defense information; |
| 4. | Integrated informatization for maximizing the efficiency of military strength for national defense. |
| Article 5 (Basic Plan for Defense Informatization) |
| (1) | The Minister of National Defense shall formulate a basic plan for defense informatization (hereinafter referred to as the "basic plan"). |
| (2) | Deleted. <Mar. 23, 2013> |
| (3) | The basic plan shall include the following matters: |
| 1. | The establishment and upgrading of the defense information and communications network and the defense information system; |
| 2. | Efficient management of informational resources for national defense; |
| 3. | Standardization of information technology for national defense and the securing of interoperability; |
| 4. | Improvement of systems for defense informatization; |
| 5. | Protection of defense information; |
| 6. | Research and development for defense informatization; |
| 7. | Training of human resources for defense informatization; |
| 8. | Securing of financial resources for defense informatization; |
| 9. | International cooperation in defense informatization; |
| 10. | Other matters necessary to establish and promote policies on defense informatization. |
| (4) | The Minister of National Defense shall promote the reorganization of systems for defense informatization, including orders with respect to defense informatization, in accordance with the basic plan: Provided, That once the basic plan is finalized and implemented, any system in contravention of the basic plan, including order, etc., shall be deemed amended to the same as the contents of the basic plan. |
| (5) | The Minister of National Defense may request the head of any related administrative agency to give priority to taking the basic plan into consideration in establishing and implementing major policies. |
| (6) | Detailed matters regarding the establishment of a basic plan shall be prescribed by Presidential Decree. |
| Article 6 (Implementation System) |
| (1) | The Minister of National Defense shall take charge of policies on defense informatization and the management of informational resources for national defense (hereinafter referred to as "promotion of defense informatization"). |
| (2) | The Minister of National Defense shall prepare the procedure for reflecting opinions of the Chairman of the Joint Chiefs of Staff and Chiefs of Staff regarding combat and military orders of the Armed Forces in policies on the promotion of defense informatization. |
| (3) | Where necessary for the promotion of defense informatization, the Minister of National Defense may request consultation with related administrative agencies and local governments. In such cases, upon receiving a request for consultation, the related administrative agency or local government shall comply with the request, unless any exceptional circumstance exists to the contrary. |
| Article 7 (Defense Informatization Officer) |
| (1) | The Minister of National Defense may appoint a defense informatization officer for the purpose of formulating, implementing, and adjusting policies on the promotion of defense informatization efficiently pursuant to Article 8 of the Framework Act on Intelligent Informatization. <Amended on Jun. 9, 2020> |
| (2) | The Minister of National Defense may appoint an informatization officer responsible for informatization in the agency or military unit to which the person belongs. |
| (3) | An informatization officer shall carry out the following duties: |
| 1. | Comprehensive adjustment and systematic management of the acquisition, distribution, utilization, etc. of informational resources for national defense; |
| 2. | Comprehensive adjustment of program plans for defense informatization; |
| 3. | Coordinated adjustment of policies and plans in connection with defense informatization when establishing and implementing such policies and plans; |
| 4. | Facilitation of informatization of the administrative work process and promotion of simplification of the work process through such informatization. |
| (4) | The Minister of National Defense may organize and operate a council of defense informatization officers comprised of informatization officers in agencies related to national defense and those under paragraphs (1) and (2). |
| (5) | Matters necessary for the organization and operation of the council of defense informatization officers shall be prescribed by Presidential Decree. |
| Article 8 (Establishment and Operation of Information Technology Architecture for National Defense) |
| (1) | The Minister of National Defense shall introduce and operate the information technology architecture for national defense in accordance with Article 46 of the Electronic Government Act and utilize the information technology architecture as standards for the establishment of an efficient network-oriented environment for operations. |
| (2) | The Minister of National Defense shall prepare guidelines for management of the information technology architecture for national defense under paragraph (1). |
| (3) | The Minister of National Defense shall prepare a scheme for coordinated development of the information technology architecture for national defense along with related systems for the required budget, performance, etc. with respect to the acquisition of future military strength and defense informatization and shall ensure that the scheme is reflected in the affairs under his or her jurisdiction. |
| (4) | The head of each agency or military unit that introduces the information technology architecture for national defense shall renew it periodically, reflecting changes in affairs, technology, etc. |
| (5) | Detailed matters regarding the management and utilization of the information technology architecture for national defense shall be prescribed by Presidential Decree. |
| Article 9 (Securing of Financial Resources) |
| (1) | The Government shall devise a plan for securing the financial resources necessary for the promotion of defense informatization in a constant and stable manner. |
| (2) | Where necessary for carrying out the programs included in the basic plan, the Minister of National Defense may request heads of related administrative agencies to cooperate or assist therein. |
| Article 10 (International Cooperation) |
| (1) | The Minister of National Defense shall be familiar with international trends with respect to the promotion of defense informatization and promote international cooperation in the following matters: |
| 1. | Standardization and testing of information technology for national defense for securing and improving capabilities for the performance of combined operations; |
| 2. | Trend survey and analysis on technology and research and development for securing superiority in terms of information technology for national defense; |
| 3. | Other matters concerning the promotion of defense informatization. |
| (2) | The Minister of National Defense may support programs for international exchange of relevant technology and human resources, international standardization, and international joint research and development in order to promote international cooperation in the promotion of defense informatization. |
| Article 11 (Dedicated Institutions) |
| (1) | The Minister of National Defense may designate an institution exclusively responsible for each field of defense informatization if he or she considers it necessary for supporting the informatization of each agency related to national defense and armed forces, management of informational resources for national defense, and development of policies thereon. |
| (2) | The Minister of National Defense may revoke designation of a dedicated institution under paragraph (1) if the institution falls under any of the following subparagraphs: |
| 1. | Where it obtained the designation by fraud or other improper means; |
| 2. | Where it is no longer able to meet the requirements for designation; |
| 3. | Where it becomes significantly unjust for it to carry out business affairs as a dedicated institution due to other circumstances. |
| (3) | Where the Minister of National Defense revokes designation pursuant to paragraph (2), it shall hold a hearing in accordance with the Administrative Procedures Act. <Newly Inserted on Feb. 3, 2022> |
| (4) | Matters necessary for the designation and operation of dedicated institutions and the revocation of such designation, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2022> |
CHAPTER III ESTABLISHMENT AND UPGRADING OF INFRASTRUCTURE FOR DEFENSE INFORMATIZATION
| Article 12 (Establishment and Upgrading of Defense Information and Communications Network) |
| (1) | The Minister of National Defense shall establish and upgrade the defense information and communications network based on the results of an analysis and forecast of the future demand for defense informatization. |
| (2) | The Minister of National Defense may request the heads of related administrative agencies to cooperate in the establishment and upgrading of the defense information and communications network. |
| (3) | Where the Minister of National Defense considers it necessary, he or she may entrust the work of analysis and forecast of demand under paragraph (1) to a legal entity, an institution or an organization with expertise and competency in the relevant areas. |
| Article 13 (Support for Research and Development by Private Sector) |
| (1) | The Government may provide financial and administrative support necessary for the following activities in order to boost the research and development for defense informatization and induce the private sector to expand investment: |
| 1. | Exchange of human resources between civilian and military sectors; |
| 2. | Development of joint educational courses between civilian and military sectors; |
| 3. | Joint testing of civilian technology to examine its feasibility for military use. |
| (2) | The Minister of National Defense may permit the private entities that carry out the research and development for information technology for national defense to use facilities and equipment necessary for carrying out tests of new technology, as prescribed by Presidential Decree. |
| Article 14 (Facilitation of Introduction of Superior New Technologies) |
| (1) | The Minister of National Defense shall take the following measures in order to introduce and respond to new technologies for defense informatization: |
| 1. | Analysis of domestic and overseas trends; |
| 2. | Testing and experimental application of new technologies; |
| 3. | Development of applied technologies and responsive technologies; |
| 4. | Other matters concerning the introduction of and responding to new technology. |
| (2) | Where the Minister of National Defense considers it necessary, he or she may entrust a legal entity, an institution, or an organization with expertise and competency in information technology for national defense to carry out programs for the measures under paragraph (1). |
| Article 15 (Operation of Experimental Military Units) |
The Minister of National Defense may designate and operate experimental military units for the purpose of testing, analyzing, and evaluating military applications of the following high information technologies for national defense:
| 1. | Information technologies for national defense necessary for securing and maintaining strategic superiority; |
| 2. | Information technologies for national defense necessary for significantly improving the efficiency of joint and combined operations; |
| 3. | Information technologies for national defense necessary for securing capabilities of performing electronic military operations through the defense information and communications network; |
| 4. | Other information technologies for national defense necessary for dramatically improving the effects of the promotion of defense informatization. |
CHAPTER IV MANAGEMENT OF INFORMATIONAL RESOURCES FOR NATIONAL DEFENSE
SECTION 1 Systematic Management of Informational Resources for National Defense
| Article 16 (Securing of Interoperability) |
| (1) | The Minister of National Defense shall take the following measures for interoperability in order to promote strategic informatization through the sharing and linkage of information in the defense information and communications network and the defense information system: |
| 1. | Development and distribution of guidelines for interoperability; |
| 2. | Development of technology related to interoperability and the fostering of professional human resources therefor; |
| 3. | Other matters necessary for securing and developing interoperability. |
| (2) | The head of an affiliated agency or military unit that has introduced any information technology for national defense shall confirm that the information technology for national defense secures interoperability in accordance with the measures for interoperability under paragraph (1). |
| Article 17 (Standardization) |
| (1) | The Minister of National Defense shall establish and implement a policy on standardization necessary for defense informatization, subject to prior consultation with the heads of related administrative agencies, in order to facilitate defense informatization, establish the defense information and communications network and the defense information system efficiently, and secure the interoperability thereof. |
| (2) | The Minister of National Defense shall prepare necessary procedures for the systematic management of defense informatization standards. |
| (3) | The head of an agency or military unit that has introduced information technology for national defense shall observe the standards for information technology for national defense and the procedures for management of such standards under paragraph (2). |
| Article 18 (Sharing of Informational Resources) |
| (1) | The Government shall share or jointly utilize informational resources related to national crises and national security: Provided, That such sharing or joint utilization may be restricted for purposes of national security. |
| (2) | Following the consultation with the heads of related administrative agencies, the Minister of National Defense shall reflect measures for the sharing or joint utilization of informational resources in the basic plan and orders, such as a plan for military operation, etc. |
| (3) | Where the Minister of National Defense considers it necessary, he or she may request the head of an administrative agency to reflect the measures for the sharing or joint utilization of informational resources under paragraph (1) in the policies of the related administrative agency. In such cases, upon receiving such a request, the head of the related administrative agency shall comply with the request, unless any exceptional circumstance exists to the contrary. |
| (4) | Where the Minister of National Defense considers it necessary for the sharing or joint utilization of informational resources under paragraph (1), he or she may request the support available for electronic government projects under Article 64 of the Electronic Government Act. |
| Article 19 (Efficient Management of Informational Resources for National Defense) |
| (1) | Where the Minister of National Defense considers it necessary for the management of informational resources, he or she may inspect and evaluate the actual state of the operation of informational resources in an affiliated agency or military unit and reflect the results therefrom in policies and programs. |
| (2) | The Minister of National Defense shall electronically manage all the process from the introduction to the disposal of informational resources for national defense in accordance with the information system. |
| (3) | Where the Minister of National Defense considers it necessary for the efficient and strategic utilization and safe management of informational resources for national defense (hereafter in this Article referred to as "efficient management"), he or she comprehensively consolidate major defense information and communications networks and defense information systems. |
| (4) | Where the Minister of National Defense considers it necessary for the efficient management of informational resources for national defense, he or she may authorize a dedicated institution to take exclusive charge of the consolidated management under paragraph (3) or to establish a special team with competent human resources and organization. |
| (5) | The Minister of National Defense may conduct training courses for the management of informational resources for national defense under the Act on Emergency Preparedness in consultation with relevant administrative agencies. <Amended on Jan. 4, 2022> |
| Article 20 (Special Management of Informational Resources for National Defense) |
| (1) | The Minister of National Defense shall establish a special plan for the management of informational resources for national defense, subject to prior consultation with the heads of related administrative agencies. |
| (2) | The special management plan under paragraph (1) shall include the following matters: |
| 1. | Matters concerning the efficient utilization of informational resources for national defense during war, disturbances, or any similar emergency situation (hereinafter referred to as "emergency situation"); |
| 2. | Matters concerning the survey, statistics, and analysis of informational resources for national defense in peacetime; |
| 3. | Matters concerning the procedure for the shifting of the management of informational resources for national defense between peacetime and an emergency situation; |
| 4. | Other matters concerning the mobilization of informational resources for national defense and compensation for losses related thereto. |
| (3) | If urgent measures are required where military operations are considered necessary during war or any similar emergency situation, the Minister of National Defense may request the heads of related administrative agencies to restrict the use of telecommunications facilities. In such cases, the heads of the related administrative agencies so requested shall comply with the request, unless any exceptional circumstance exists to the contrary. |
| (4) | The Minister of National Defense shall prepare procedures for the acquisition of informational resources for national defense, subject to prior consultation with the heads of the related administrative agencies, and may request heads of related administrative agencies to prepare institutional measures for the determination of compensations for losses. |
| (5) | Other matters concerning the special management of informational resources for national defense shall be prescribed by Presidential Decree. |
SECTION 2 Strategic Protection of Defense Information
| Article 21 (Response to and Recovery from Intrusion into Defense Information) |
| (1) | The Minister of National Defense shall establish an intrusion response and recovery system (hereafter in this Article referred to as "defense information protection and response system") for peacetime, emergency situations, etc. <Amended on Feb. 3, 2022> |
| (2) | An institution exclusively responsible for cyber defense security may be established and designated under the control of the Minister of National Defense in order to establish and operate the defense information protection and response system efficiently. |
| (3) | The Minister of National Defense shall take the following measures in order to prepare against intrusion into defense information and to promptly recover such information: <Amended on Feb. 3, 2022> |
| 1. | Surveys and analyses of trends in information technology related to intrusions and threats; |
| 2. | Establishment of a surveillance system related to distribution or attempted distribution of intruded information; |
| 3. | Development of responsive technology, such as reverse tracing of intrusions and threats; |
| 4. | Policy development, evaluation, and technology development for swift recovery of intruded national defense information and information systems; |
| 5. | Other matters the Minister of National Defense deems necessary for the protection of defense information. |
| (4) | The Minister of National Defense may, if necessary, establish a cooperation system through which information on national security can be shared with the heads of related administrative agencies. |
| (5) | Matters necessary for the establishment and designation of the institution exclusively responsible for cyber defense security under paragraph (2) and matters necessary for the establishment of the cooperation system under paragraph (4) shall be prescribed by Presidential Decree. |
[Title Amended on Feb. 3, 2022]
CHAPTER V DEFENSE INFORMATIZAITON PROGRAMS
| Article 22 (Implementation of Defense Information Programs) |
| (1) | The Minister of National Defense shall implement defense informatization programs in accordance with the basic plan and shall take measures for supporting such programs. |
| (2) | The Minister of National Defense shall prepare guidelines for implementing defense informatization programs (hereafter in this Article referred to as "implementation guidelines for programs") in order to maximize strategic effects of the defense informatization programs. |
| (3) | The Minister of National Defense shall periodically survey and analyze trends in the development of defense informatization in major countries and the direction of their investments and shall reflect the results therefrom in policies related to defense informatization. |
| (4) | Where Minister of National Defense implements a defense informatization program, he or she may endeavor to introduce commercial technology developed by private sector preferentially for economic feasibility and efficiency, unless exceptional circumstances exist to the contrary. In such cases, matters concerning the preferential introduction of commercial technology shall be included in planning at the stage of estimating future demand. |
| (5) | As regards a defense informatization program specified by Presidential Decree, the Minister of National Defense shall include matters concerning the progressive acquisition in the implementation guidelines for the program from the stage of estimating future demand to achieve prompt operation for military strength, the accurate elicitation of demands and the timely reflection of such demands, and the introduction of proper technology. |
| (7) | Matters concerning the establishment and amendment of implementation guidelines for the program shall be prescribed by Presidential Decree. |
| Article 23 (Evaluation of Defense Informatization) |
| (1) | Where Minister of National Defense promotes defense informatization (including policies on defense informatization and defense informatization programs; hereafter in this Article the same shall apply), he or she shall conduct evaluations, as prescribed by Presidential Decree. |
| (2) | Where the Minister of National Defense considers it necessary for the smooth promotion of defense informatization, he or she may conduct evaluations even during the implementation period of a program. |
| (4) | Where the Minister of National Defense conducts evaluations, he or she shall reflect the results therefrom in policies on defense informatization and defense informatization programs. |
| (5) | Other matters necessary for the types and method of, and the procedure for, evaluation shall be prescribed by Presidential Decree. |
| Article 24 (Specialized Technical Support Institutions) |
| (1) | Where necessary for the efficient implementation of defense informatization programs, the Minister of National Defense may designate a specialized technical support institution by field, as prescribed by Presidential Decree. |
| (2) | Where a specialized technical support institution designated pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of National Defense may revoke the designation: |
| 1. | If it obtained the designation by fraud or other improper means; |
| 2. | If it is no longer able to meet the requirements for the designation; |
| 3. | If it becomes significantly unjust for it to carry out business affairs as a specialized technical support institution. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 25 (Advice on Defense Informatization) |
| (1) | The Minister of National Defense may operate a council of experts from various fields for seeking advice on defense informatization. |
| (2) | Matters necessary for the operation of the council under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 26 (Delegation of Authority) |
The Minister of National Defense may delegate part of his or her authority under this Act to Chiefs of Staff, the Commissioner of the Defense Acquisition Program Administration, and the heads of related agencies.
| Article 27 (Duty of Confidentiality) |
A person who falls under any of the following subparagraphs or a person who has engaged in such a duty shall not divulge any secret known to him or her in the scope of his or her duty: Provided, That cases to which any special provision under another Act is applicable shall be exceptional:
| 1. | An informatization officer under Article 7; |
| 2. | A person who carries out affairs related to the management of informational resources for national defense pursuant to Article 19. |
CHAPTER VII PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
A person who divulges any confidential information in violation of Article 27 shall be punished by imprisonment with labor for not more than five years, by suspension of qualification for not more than 10 years, or by a fine not exceeding 50 million won. <Amended on May 9, 2014>
ADDENDA <Act No. 9995, Feb. 4, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2011. |
| (2) | (Transitional Measure) Orders issued by the Minister of National Defense regarding the promotion of defense informatization and enforceable before this Act enters in force shall be deemed to have been enforced pursuant to this Act: Provided, That if any content therein is changed as a consequence of the enforcement of this Act after this Act enters in force, such orders shall remain enforceable as changed. |
ADDENDA <Act No. 11688, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 Omitted.
ADDENDUM <Act No. 12553, May 9, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17344, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 18682, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 18800, Feb. 3, 2022>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 11 (3) shall enter into force three months after the date of the promulgation.