The purpose of this Decree is to prescribe matters delegated by the Act On the Promotion Of Data-based Administration and matters necessary for the enforcement thereof.
| Article 2 (Scope of Public Institutions) |
"Corporations, institutions and organizations prescribed by Presidential Decree" in subparagraph 3 (c) of Article 2 of the Act On The Promotion Of Data-based Administration (hereinafter referred to as the "Act") means the following corporations, institutions and organizations:
| 1. | Various types of schools established under the Elementary and Secondary Education Act, the Higher Education Act, and other Acts; |
| 2. | Special corporations established under a Special Act; |
| Article 3 Deleted. <Nov. 7, 2023> |
| Article 4 Deleted. <Nov. 7, 2023> |
| Article 5 Deleted. <Nov. 7, 2023> |
| Article 6 Deleted. <Nov. 7, 2023> |
| Article 7 (Procedures for Formulation of Master Plan for Promoting Data-Based Administration) |
| (1) | "Important matters prescribed by Presidential Decree" in the latter part of Article 6 (2) of the Act means matters falling under any of the following subparagraphs, which have a significant impact on the policies to revitalize data-based administration of central administrative agencies and local governments: <Amended on November 7, 2023> |
| 1. | Matters related to at least two central administrative agencies or local governments; |
| 2. | Matters requiring budgetary measures not less than the amount determined by the Public Data Strategy Committee under Article 5 of the Act on Promotion of the Provision and Use of Public Data (hereinafter referred to as the "Strategy Committee"). |
| (2) | Where the head of a central administrative agency or the head of a local government is notified of guidelines for preparing sector plans pursuant to Article 6 (4) of the Act, the head shall prepare a sector plan in accordance with the guidelines to be implemented during the implementation period of a master plan for promoting data-based administration under Article 6 (1) of the Act (hereinafter referred to as "master plan") and submit it to the Minister of the Interior and Safety. |
| (3) | The Minister of the Interior and Safety shall formulate a master plan by combining the sector plans submitted pursuant to paragraph (2) and finalize it after deliberation by the Strategy Committee. <Amended on November 7, 2023> |
| (4) | When a master plan is finalized pursuant to Article 6 (2) of the Act, the Minister of the Interior and Safety shall notify the heads of central administrative agencies and the heads of local governments thereof without delay. |
| Article 8 (Procedures for Formulation of Implementation Plan for Promoting Data-Based Administration) |
| (1) | The heads of central administrative agencies and the heads of local governments shall formulate an implementation plan for promoting data-based administration under Article 7 (1) of the Act (hereinafter referred to as the "implementation plan") in accordance with the master plan, and submit it to the Minister of the Interior and Safety by the end of February each year. |
| (2) | The Minister of the Interior and Safety shall report the implementation plan submitted pursuant to paragraph (1) to the Strategy Committee. <Amended on November 7, 2023> |
| Article 9 (Request for Investigation and Registration of Data) |
| (1) | The Minister of the Interior and Safety may investigate data under Article 8 (3) of the Act according to the following classification: |
| 1. | Regular investigation: an investigation conducted in the year in which a master plan is formulated; |
| 2. | Occasional investigation: an investigation conducted when the Minister of the Interior and Safety deems it necessary. |
| (2) | If necessary for the investigation under paragraph (1), the Minister of the Interior and Safety may request the head of a public institution to submit relevant data. |
| (3) | Where the head of a public institution receives a request for data registration pursuant to Article 8 (3) of the Act, the head of a public institution shall transfer the relevant data to an integrated data management platform under Article 18 of the Act (hereinafter referred to as the "integrated data management platform") within 60 days, unless there is a compelling reason not to do so: Provided, That where the head fails to register within the relevant period due to unavoidable reasons, such as technical or financial reasons, the head shall consult with the Minister of the Interior and Safety in advance. |
| (4) | The Minister of the Interior and Safety may provide administrative, financial and technical support necessary for the registration of data under paragraph (3). |
| Article 10 (Methods of Collecting Registered Data and Procedures for Utilization) |
| (1) | Where the head of a public institution intends to collect and utilize data registered pursuant to Article 9 (1) of the Act, the head shall apply for collection and utilization of data with the head of a public institution that has registered the data through the integrated data management platform. |
| (2) | The head of a public institution who has received an application for collection and utilization of data pursuant to paragraph (1) shall make it possible to collect and utilize data, unless there is a compelling reason not to do so. |
| (3) | The head of a public institution shall observe the following matters when collecting and utilizing data registered pursuant to Article 9 (1) of the Act: |
| 1. | The head shall not use data for purposes other than those for which it was collected and utilized or provide it to third parties; |
| 2. | The head shall destroy the data without delay when the data becomes unnecessary due to the expiration of the retention period or the achievement of the purpose of utilizing the data; |
| 3. | The head shall take technical, managerial, and physical measures necessary to ensure safety to prevent data from being forged, altered, damaged or leaked. |
| Article 11 (Decision to Provide Data) |
| (1) | If the head of a public institution in charge of data (hereinafter referred to as the " retaining institution ") receives a request to provide data pursuant to Article 10 of the Act, it shall decide whether to provide the data within 20 days from the date of receipt of the request and notify the head of the public institution that requested the data (hereinafter referred to as the " requesting institution "). |
| (2) | If the head of the retaining organization is unable to decide whether to provide the data within the period under paragraph (1) due to unavoidable reasons, the period under paragraph (1) may be extended once for a period of 10 days. In such cases, the head of the retaining institution shall notify the head of the requesting institution of the grounds for extension and the extension period. |
| (3) | If the data requested to be provided falls under any of the subparagraphs of Article 11 (1) of the Act, the head of the retaining organization shall include the results of the review of the technical separability pursuant to Article 11 (2) of the Act in the details of and grounds for such decision notified pursuant to Article 12 (2) of the Act. |
| (4) | Where the head of a retaining institution decides to provide data pursuant to Article 12 (2) of the Act, the Minister of the Interior and Safety may request that the relevant data be registered on the integrated data management platform. |
| Article 12 (Technical Separation and Provision of Data) |
Matters necessary for the technical separation of the details falling under each subparagraph of Article 11 (1) of the Act by the head of a public institution pursuant to paragraph (2) of that Article shall be determined and publicly notified by the Minister of the Interior and Safety.
| Article 13 (Objects and Scope of Bearing Data Provision Expenses) |
The head of a retaining institution may have the head of a requesting institution bear the expenses incurred in providing data pursuant to Article 12 (3) of the Act, taking into account the following matters:
| 1. | Expenses for electronic recording media necessary to provide data; |
| 2. | Expenses for the expansion and maintenance of information systems and information and communications networks necessary for the provision of data; |
| 3. | Expenses required to process data; |
| 4. | Expenses for the use of legitimate rights in relation to the provision of data including the rights of a third party; |
| 5. | Other expenses determined by consultation with the head of the retaining institution and the head of the requesting institution in relation to the provision of data. |
| Article 14 (Mediation Procedures for Refusal of Provision of Data) |
| (1) | If the head of the requesting institution is notified of the decision to refuse to provide the data pursuant to Article 12 (2) of the Act, the head may request the Public Data Dispute Mediation Committee pursuant to Article 29 of the Act on Promotion of the Provision and Use of Public Data (hereinafter referred to as the "Dispute Mediation Committee") to mediate the refusal to provide the data pursuant to Article 13 (1) of the Act within 60 days from the date of notification. <Amended on November 7, 2023> |
| (2) | The Dispute Mediation Committee may recommend an agreement between the parties within 30 days from the date on which it receives a request under Article 13 (1) of the Act (hereinafter referred to as "request for mediation"). <Amended on November 7, 2023> |
| (3) | Where an agreement is reached between the parties after the recommendation under paragraph (2), the Dispute Mediation Committee shall terminate the conciliation procedure, and if an agreement is not reached, the Dispute Mediation Committee shall submit a request for conciliation through a resolution by the Dispute Conciliation Committee within 30 days from the date on which it confirms the fact: Provided, That if the result cannot be confirmed within the relevant period due to unavoidable reasons, the period may be extended once up to 30 days after a resolution by the Dispute Mediation Committee. <Amended on November 7, 2023> |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for mediation procedures and methods shall be determined by the chairperson of the Dispute Mediation Committee through a resolution by the Dispute Mediation Committee. <Amended on November 7, 2023> |
| Article 15 (Details and Procedures of Business Agreements) |
| (1) | The head of a public institution or the Minister of the Interior and Safety may, pursuant to Article 14 (1) or (2) of the Act, enter into a business agreement on the provision of data with a corporation, organization, or individual (hereinafter referred to as "private corporation, etc.") pursuant to paragraph (1) of that Article, including the following matters: |
| 1. | Purposes of the use of data; |
| 2. | Items of data to be provided; |
| 3. | The period of use of data; |
| 4. | Matters concerning measures to ensure data safety; |
| 5. | Matters concerning confidentiality. |
| (2) | The Minister of the Interior and Safety may establish and publicly notify the standards necessary to calculate the consideration when the head of a public institution purchases data of private corporation, etc. pursuant to Article 14 (1) of the Act. |
| Article 16 (Establishment and Operation of Data Management System) |
| (1) | In order to systematically manage metadata (referring to data expressing the structure, attribute, characteristics, history, etc. of data for the systematic management and the convenient search and use of data; hereinafter the same shall apply) and data relationship diagrams (referring to diagrams showing the relationship between data; hereinafter the same shall apply) pursuant to Article 16 91) of the Act, the head of a public institution may establish and operate an information system. |
| (2) | In order to establish and operate a data management system pursuant to Article 16 (2) of the Act, the Minister of the Interior and Safety may request the heads of public institutions to provide metadata and data relationship diagrams under their jurisdiction. In such cases, the head of a public institution in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | The Minister of the Interior and Safety may, when the head of a public institution requests the provision of metadata and data relationship diagrams managed in an integrated and interconnected manner pursuant to Article 16 (2) of the Act, provide such data, unless there is a compelling reason not to do so. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the establishment, operation, etc. of a data management system shall be determined and publicly notified by the Minister of the Interior and Safety. |
| Article 17 (Establishment and Operation of Integrated Data Management Platform) |
The Minister of the Interior and Safety may provide administrative, financial, and technical support necessary for linking and integrating the data management system established and operated by public institutions with the integrated data management platform pursuant to Article 18 (2) of the Act.
| Article 18 (Requirements Appointment of Data-Based Administration Officers) |
| (1) | The head of a public institution shall appoint an officer who exercises general control over the work of promoting the institution's data-based administration (hereinafter referred to as "data-based administration officer") pursuant to Article 19 (1) of the Act in accordance with the following classifications: <Amended on Nov. 7, 2023> |
| 1. | Central administrative agency: public officials in general service belonging to the Executive Service (limited to a public official whose class of duties falls under the category of class B); |
| 2. | the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, Special Self-Governing Provinces and Offices of Education of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces: A public official of Grade 3 or a public official in a position equivalent thereto; |
| 3. | A si/gun/gu (referring to an autonomous gu): A public official of Grade 4 or a public official in an position equivalent thereto; |
| 4. | Other public institutions: the head of the department in charge of the data-based administration of the relevant public institution: Provided, That where there are at least two departments in charge of data-based administration-related affairs, referring to the head of the department designated by the head of the relevant public institution. |
| (2) | The Minister of the Interior and Safety may organize and operate a consultative body in which the data-based administration officers participate to promote data-based administration. |
| Article 19 (Joint Participation in Data Analysis) |
| (1) | The Minister of the Interior and Safety may, if necessary for the efficient operation of the Integrated Government Data Analysis Center under Article 20 (2) of the Act, organize and operate a consultative body in which public officials, executives and employees, etc. of relevant public institutions participate. |
| (2) | Where the heads of public institutions who have provided the data under their control to the Minister of the Interior and Safety pursuant to Article 20 (3) of the Act intend to jointly participate the collection, storage, processing, analysis, presentation, etc. of data (hereinafter referred to as "analysis, etc.") pursuant to paragraph (4) of that Article, the method, period, etc. of joint participation shall be determined by the heads of the relevant public institutions and the Minister of the Interior and Safety after consultation. |
| (3) | Where the Minister of the Interior and Safety deems it necessary for the participation of public institutions that have provided data in data analysis, etc., the Minister may request the heads of the relevant public institutions to jointly participate under Article 20 (4) of the Act. |
| Article 20 (Designation or Revocation of Designation of Specialized Agencies for Data-Based Administration) |
| (1) | The requirements for designation of an agency specializing in data-based administration under Article 21 (1) of the Act (hereinafter referred to as "specialized agency") shall be as follows: |
| 1. | It shall be a public institution falling under any item of subparagraph 3 of Article 2 of the Act; |
| 2. | It shall have manpower, organization, and system for performing duties necessary for the promotion of data-based administration; |
| 3. | It shall have records of professional surveys, research, consulting, education, etc. related to data-based administration. |
| (2) | The standards for the revocation of designation and suspension of business of a specialized agency under Article 21 (3) of the Act shall be as specified in the attached Table. |
| (3) | Where the Minister of the Interior and Safety revokes the designation of a specialized agency under Article 21 (1) of the Act or orders it to suspend all or part of its work under paragraph (3) of that Article the Minister shall publicly notify such fact via the Official Gazette, website, etc. of the Ministry of Interior and Safety. |
| Article 21 (Subjects of Actual Conditions of Status of Data-Based Administration) |
| (1) | Where the head of a public institution shall make a self-inspection of the actual conditions of data-based administration pursuant to Article 22 (1) of the Act, the head shall include the following matters in the subject of inspection: |
| 1. | Actual conditions of data registration under Article 8 of the Act; |
| 2. | Actual conditions of collection and use of registered data under Article 9 of the Act; |
| 3. | Actual conditions of provision of data under Articles 10 through 12 of the Act; |
| 4. | Actual conditions of management of data provided under Article 15 of the Act; |
| 5. | Actual conditions of management of metadata and data relationship diagrams Article 16 of the Act; |
| 6. | Actual conditions of appointment and operation of data-based administration officers under Article 19 of the Act; |
| 7. | Other matters deemed necessary by the Minister of the Interior and Safety for the inspection of the actual status of data-based administration. |
| (2) | The Minister of the Interior and Safety may determine the standards and methods of self-inspection under Article 22 (1) of the Act and notify the heads of public institutions thereof. |
| (3) | Where the Minister of the Interior and Safety deems that improvement is necessary for the revitalization of data-based administration as a result of the self-inspection submitted pursuant to Article 22 (1) of the Act, the Minister may recommend improvement to the head of the relevant public institution. |
| Article 22 (Award of Commendations and Monetary Prizes) |
| (1) | The Minister of the Interior and Safety may organize a selection committee comprised of experts related to data-based administration in order to select those eligible for commendations and monetary prizes under Article 22 (3) of the Act. |
| (2) | In addition to the matters provided for in paragraph (1), matters necessary for the criteria and procedures for the selection of those eligible for commendations and monetary prizes shall be determined by the Minister of the Interior and Safety. |
| Article 23 (Methods and Procedures for Excavation of Best Practices for Data-Based Administration) |
| (1) | The Minister of the Interior and Safety may use methods such as open call for public participation, etc. when excavating best practices for data-based administration pursuant to Article 23 (1) of the Act. |
| (2) | The Minister of the Interior and Safety may publicize best practices of data-based administration selected pursuant to Article 23 (1) of the Act by posting them on the Internet website, etc. of the Ministry of Interior and Safety. |
ADDENDA <Presidential Decree No. 31226, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 (Special Cases concerning Establishment of Initial Implementation Plan)
Notwithstanding Article 8, the Minister of the Interior and Safety may separately determine the deadline for submitting an implementation plan to be formulated for the first time after this Decree enters into force and notify the heads of central administrative agencies and the heads of local governments thereof.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 33843, Nov. 7, 2023>
This Decree shall enter into force on November 17, 2023.