Act nº 12032, Aug. 13, 2013, Special Act on Promotion of Information and Communications Technology, Vitalization of Convergence Thereof, etc. (Amended by Act nº 13016, Jan. 20, 2015, Act nº 14839, Jul. 26, 2017).
CHAPTER I.- GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to improving the quality of life of the people through the elevation of international competitiveness of information and communications and through the promotion of continuous development of national economy by promoting information and communications technology and by prescribing a system to promote policies for the vitalization of convergence of information and communications technology, rationalization of restrictions, fostering of human resources, development of venture businesses, support of research and development, etc.
Article 2 (Definitions)
(1) The definitions of terms used in this Act are as follows:
1. The term «information and communications» refers to a series of activities and means, such as equipment, technologies, services, and industries, related to the collection, processing, storage, handling, search, transmission, and reception, of information, supply of services, and so forth, using or making full use of telecommunications equipment and facilities defined in subparagraph 2 of Article 2 of the Telecommunications Business Act, computers, etc., which include following:
(a) Information and communications services defined in subparagraph 2 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;
(b) Broadcast communications services defined in subparagraph 5 of Article 2 of the Framework Act on Broadcasting Communications Development;
(c) Information and communications technology industry defined in subparagraph 2 of Article 2 of the Information and Communications Technology Industry Promotion Act;
(d) Technologies, services, and industries relating to the production, distribution, etc. of digital contents defined in subparagraph 5 of Article 2 of the Framework Act on the Promotion of Cultural Industries;
2. The term «convergence of information and communications technology» refers to creative and innovative activities and phenomena creating new social and market value by combining or mixing technologies and services between information and communications technology or between information and communications technologies and other industries;
3. The term «small and medium enterprises» refers to small and medium enterprises defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises;
4. The term «venture business» refers to a venture business defined in Article 2 (1) of the Act on Special Measures for the Promotion of Venture Businesses or a self-employed creative business defined in Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises;
5. The term «commercialization» refers to a series of processes in which technologies, products, and services developed, manufactured, or produced in making full use of research and development concerning information and communications are linked with business activities, such as sale, distribution, and supply, for the purpose of profit-making, or in which associations or organizations engaged in business activities are formed;
6. The term «software» refers to software defined in subparagraph 1 of Article 2 of the Software Industry Promotion Act;
7. The term «digital contents» refers to digital contents defined in subparagraph 5 of Article 2 of the Framework Act on the Promotion of Cultural Industries;
8. The term «digital content enterpriser» refers to a person who is engaged in economic activities for the purpose of profit-making by producing, duplicating, transmitting, distributing digital contents and conducting other activities related thereto;
9. The term «information and communications equipment» refers to devices, machinery, tools, parts, cables, and other necessary equipment and facilities concerning information and communications technology;
10. The term «public institutions» refers to the following institutions:
(a) Legal entities, organizations, or institutions under Article 4 of the Act on the Management of Public Institutions;
(b) Local government-invested or -funded public corporations under the Local Public Enterprises Act;
(c) Special legal entities established pursuant to special Acts;
(d) Other legal entities, organizations, or institutions prescribed by Presidential Decree.
(2) Except as otherwise provided for in paragraph (1), the definitions of terms used in this Act shall be as prescribed by other Acts, including the Framework Act on Broadcasting Communications Development, the Framework Act on Telecommunications, the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Information and Communications Technology Industry Promotion Act, and the Internet Multimedia Broadcast Services Act.
Article 3 (Basic Principles)
(1) The State and each local government shall endeavor to create an environment that enables open and reasonable use of information and communications technology and to achieve sound and sustainable development of an information and communications technology ecosystem.
(2) The State and each local government shall endeavor to respect the creative spirit of the private sector and make the formation of market-oriented opinions possible.
(3) The State and each local government shall make an effort for collaborative cooperation among large enterprises, small and medium enterprises, and venture businesses relating to information and communications technology and the harmonious development thereof.
(4) The State and each local government shall actively support the advance of the industry of information and communications technology into overseas markets, and ensure that discriminatory treatment between domestic and foreign enterprisers does not occur in enacting or amending statutes or in formulating policies.
(5) The State and each local government shall endeavor to minimize regulation hindering the promotion and vitalization of technologies, services, etc. for information and communications and for the convergence of information and communications technology (hereinafter referred to as «convergence, etc. of information and communications technology«).
(6) The State and each local government shall endeavor to apply the same regulation to any services deemed the same in comprehensive consideration of the characteristics of information and communications technology, users’ behavior in the use of service, and so forth.
(7) The State and each local government shall, in principle, allow new technologies and services for the convergence, etc. of information and communications technology insofar as relevant statutes are not violated, and make active efforts to vitalize such matters.
Article 4 (Relationship with other Acts)
This Act shall prevail over other Acts concerning the promotion of technologies, services, etc. for information and communications technology and the vitalization of convergence thereof.
CHAPTER II.- CONSTRUCTION OF A SYSTEM TO DRIVE THE PROMOTION OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND THE ACTIVATION OF CONVERGENCE THEREOF
Article 5 (Formulation and Implementation of Master Plans)
(1) The Minister of Science and ICT shall, every three years, formulate and implement a three-year master plan (hereinafter referred to as «master plan») for the promotion of information and communications technology and the vitalization of convergence thereof, but may shorten the planning cycle or change such master plan if necessary. (Amended by Act nº 14839, Jul. 26, 2017)
(2) A master plan (including modification of a master plan; hereinafter the same shall apply) shall include the following matters:
1. Direction-setting for and objectives of policies to promote information and communications technology and to vitalize the convergence thereof;
2. Matters concerning the construction of human and material foundations, such as fostering of specialized human resources and expansion of investment in facilities, for the promotion of information and communications technology and the vitalization of convergence thereof;
3. Matters concerning the protection of intellectual property rights, such as the convergence of information and communications technology;
4. Matters concerning support for research and development, dissemination of the outcomes of research, and promotion of commercialization of the outcomes of research to promote information and communications technology and to vitalize the convergence thereof;
5. Matters concerning the improvement of relevant laws and systems to promote information and communications technology and to vitalize the convergence thereof;
6. Matters concerning the protection and security of information;
7. Matters concerning support for international cooperation and advancement into overseas markets relating to the promotion of information and communications technology and the vitalization of convergence thereof;
8. Matters concerning cooperation in policies and duties among relevant central administrative agencies;
9. Other matters necessary for the promotion of information and communications technology and the vitalization of convergence thereof.
(3) A master plan shall be deliberated by the Strategic Committee for Information and Communications Technologies under Article 7 (1).
(4) In order to formulate a master plan, the Minister of Science and ICT may request the heads of relevant central administrative agencies, local governments, and public institutions to provide him/her with their plans, data, etc. In such cases, the agency requested to provide a plan, data, etc. shall cooperate therein unless any special reason exists to the contrary. (Amended by Act nº 14839, Jul. 26, 2017)
(5) The Minister of Science and ICT shall evaluate the implementation and track record of promotion, and reflect the results of evaluation in formulating a next master plan. (Amended by Act nº 14839, Jul. 26, 2017)
Article 6 (Formulation and Implementation of Action Plans)
(1) In order to materialize a master plan, the heads of relevant central administrative agencies shall, every year, formulate and implement an action plan for the promotion of information and communications technology and the vitalization of convergence thereof (hereinafter referred to as «action plan«).
(2) Where the heads of relevant central administrative agencies formulate an action plan, they shall reflect the results of deliberation of the Strategic Committee for Information and Communications Technology under Article 7 (1) therein, and submit the action plan to the Strategic Committee for Information and Communications Technology together with the track record of promotion of the action plan for the previous year.
(3) If necessary for the formulation of an action plan, the heads of relevant central administrative agencies may request the heads of local governments and relevant public institutions to provide data, etc. In such cases, the institution requested to provide data, etc. shall cooperate therein unless any special circumstances exist to the contrary.
(4) Matters necessary for the formulation, implementation, submission, etc. of an action plan, except otherwise provided for in paragraphs (1) through (3), shall be prescribed by Presidential Decree.
Article 7 (Establishment, etc. of Strategic Committee for Information and Communications Technology)
(1) In order to deliberate, and adopt resolutions, on policies for the promotion of information and communications technology and for the vitalization of convergence thereof, the Strategic Committee for Information and Communications Technology (hereinafter referred to as the «Strategic Committee«) shall be established under the jurisdiction of the Prime Minister.
(2) The Strategic Committee shall be comprised of not more than 25 members, including one chairperson and one secretary; the Prime Minister shall serve as Chairperson, the Minister of Science and ICT shall serve as executive secretary, and its members shall be appointed by the Prime Minister from among the heads of relevant central administrative agencies prescribed by Presidential Decree and from among the following persons: (Amended by Act nº 14839, Jul. 26, 2017)
1. An associate professor or higher at a university or a person who has served or is serving in a research institute related to information and communications technology for at least 15 years;
2. A person who has served or is serving in an industry related to information and communications technology as an executive officer or employee for at least 15 years;
3. A person who has served or is serving in a civil organization related to information and communications technology for at least 15 years;
4. A person who is qualified as a judge, prosecutor, or attorney-at-law and has at least 15 years of career experience in his/her field;
5. Other persons recognized by the Prime Minister as having expertise in information and communications technology.
(3) The Strategic Committee shall deliberate, or adopt resolutions, on the following matters:
1. Determining a master plan;
2. Analyzing, examining, and evaluating the track record of promotion of a master plan and action plan;
3. Requesting the heads, etc. of relevant central administrative agencies to take measures pursuant to Article 10 (3);
4. Recommending an order of priority among research and development relating to the promotion of information and communications technology and the vitalization of convergence thereof;
5. Coordination of pending issues on policies and duties among relevant central administrative agencies for the promotion of information and communications technology and the vitalization of convergence thereof;
6. Important matters concerning the promotion of national informatization under the Framework Act on National Informatization;
7. Other important matters concerning the promotion of information and communications technology and the vitalization of convergence thereof, which are submitted by the Chairperson for deliberation.
(4) In order to efficiently implement the duties of the Strategic Committee, a working committee, etc. for the promotion of vitalization of information and communications technology under Article 9 (1) (hereinafter referred to as the «working committee for the promotion of vitalization«) shall be established under the Strategic Committee.
(5) In order to support the Strategic Committee and the working committee for the promotion of vitalization, specialized committees consisting of experts in technology, law, etc. may be established.
(6) Matters necessary for the organization, composition, and operation of the Strategic Committee, working committee for the promotion of vitalization, and specialized committee shall be prescribed by Presidential Decree.
Article 8 (Fact-Finding Surveys)
(1) The Minister of Science and ICT and the heads of relevant central administrative agencies may survey or prepare the current state, statistics, actual condition, etc. concerning the following matters in order to formulate and implement a master plan and action plan: (Amended by Act nº 14839, Jul. 26, 2017)
1. Actual condition of and statistics on technologies and services for the convergence, etc. of information and communications;
2. Current state of human resources by field and function, and forecast of demand therefor;
3. Research and development by field and function, and the scale of investment therein;
4. Other matters necessary for the formulation and implementation of a master plan and action plan.
(2) The Minister of Science and ICT may request the heads of relevant central administrative agencies, Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, Special Self-Governing Province Governor, enterprises, research institutes, and other public institutions or organizations to provide data necessary for a fact-finding survey, etc. under paragraph (1). In such cases, persons requested to submit data shall cooperate therein unless any special circumstances exist to the contrary. (Amended by Act nº 14839, Jul. 26, 2017)
(3) The Minister of Science and ICT may announce the results of a fact-finding survey conducted under paragraph (1). (Amended by Act nº 14839, Jul. 26, 2017)
(4) Matters necessary for the methods and procedures for fact-finding surveys under paragraph (1), public announcement, etc. thereof under paragraph (3) shall be prescribed by Presidential Decree.
Article 9 (Operation of the Working Committee for the Promotion of Vitalization)
(1) For the promotion of information and communications technology and the vitalization of convergence thereof, a working committee for the promotion of vitalization of information and communications technology shall be organized and operated in order to receive or inspect difficulties and suggestions of organizations, enterprises, etc. relating to information and communications technology, and to efficiently implement the duties of formulating plans for the improvement of a system therefor.
(2) If necessary for the prompt implementation of duties, the working committee for the promotion of vitalization may receive public officials, executive officers or employees dispatched by the heads of relevant central administrative agencies, the heads of public institutions, or the heads of relevant institutions or organizations.
(3) Matters necessary for the composition and operation of the working committee for the promotion of vitalization shall be prescribed by Presidential Decree.
Article 10 (Duties, etc. of the Working Committee for the Promotion of Vitalization)
(1) The working committee for the promotion of vitalization shall conduct the following affairs as its duties:
1. Improvement of laws and systems hindering collaborative cooperation and harmonious development among large enterprises, small and medium enterprises, and venture businesses under Article 3 (3);
2. Improvement of laws and systems causing discrimination between domestic enterprises and foreign enterprises under Article 3 (4);
3. Improvement of laws and systems obstructing the promotion and vitalization of technologies, services, etc. for the convergence, etc. of information and communications technology under Article 3 (5);
4. Handling of difficulties and suggestions of organizations, enterprises, etc. related to information and communications technology;
5. Other improvement of laws and systems necessary for the promotion of information and communications technology and the vitalization of convergence thereof.
(2) The working committee for the promotion of vitalization shall submit to the Strategic Committee a report on matters under paragraph (1) and plans for the improvement thereof, which are received from enterprises, organizations, etc. relating to information and communications technology or are searched directly by the working committee for the promotion of vitalization.
(3) Where the Strategic Committee deems it necessary after deliberating on matters reported by the working committee for the promotion of vitalization pursuant to paragraph (2), it may request the heads, etc. of relevant central administrative agencies to take necessary measures, such as improving related laws and systems; in such cases, the heads, etc. of relevant central administrative agencies shall formulate an action plan for necessary measures within three months and submit a report thereon to the Strategic Committee.
(4) The Strategic Committee may examine an action plan reported pursuant to paragraph (3) and announce the results of examination.
CHAPTER III.- PROMOTION OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
SECTION 1.- Construction of Foundation for Promotion of Information and Communications Technology
Article 11 (Fostering of Domestic Experts)
(1) The Minister of Science and ICT shall formulate and implement policy measures to foster human resources with specialized technology, knowledge, etc. in the field of information and communications technology (hereinafter referred to as «specialized human resources»), and especially endeavor to vitalize education specialized in software engineering for the expansion of foundation for the education of software engineering and the development of regional industries. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The policy measures under paragraph (1) shall include the following matters:
1. Matters concerning the fostering, education, and training of specialized human resources;
2. Matters concerning the supply of and demand for specialized human resources and making full use thereof;
3. Matters concerning support, etc. for the career management of specialized human resources;
4. Other matters necessary for the fostering, management, etc. of specialized human resources.
(3) If necessary for the promotion of policies to foster specialized human resources, the Minister of Science and ICT may support relevant organizations, enterprises, etc., and operate a Korean comprehensive software education school to foster experts in software engineering through the systematic education of practical skills in software engineering. (Amended by Act nº 14839, Jul. 26, 2017)
(4) Matters necessary for the fostering and support of specialized human resources, operation, etc. of the Korean comprehensive software education school under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
Article 12 (Credited Internship Program)
(1) The Government may require persons attending departments related to information and communications prescribed by Presidential Decree in universities, colleges, industrial colleges, teachers’ colleges, junior colleges, cyber colleges, or technical colleges under subparagraphs 1 through 6 of Article 2 of the Higher Education Act (hereinafter referred to as «universities«) to work as an intern for a period not exceeding two years, for small and medium enterprises, venture businesses, etc. prescribed by Presidential Decree.
(2) Persons who work for small and medium enterprises, venture businesses, etc. as an intern pursuant to paragraph (1) shall be deemed to have completed a bachelor’s course of their universities and obtained credits, as determined by university bylaws.
(3) The Government may grant necessary support, such as personnel expenses, to the universities, small and medium enterprises, venture businesses, etc. that adopt the internship system under paragraph (1).
(4) Matters necessary for the operation, support, etc. of the internship system under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
Article 12-2 (Fact-Finding Surveys, etc. of Industrial Technical Personnel)
(1) The Minister of Science and ICT shall annually conduct a fact-finding survey of industrial technical personnel designed to identify demand for industrial technical personnel in the field of information and communications in order to prevent the career of excellent specialized human resources from being interrupted and to efficiently promote information and communications. (Amended by Act nº 14839, Jul. 26, 2017)
(2) Where the Commissioner of the Military Manpower Administration assigns personnel pursuant to Article 36 (4) of the Military Service Act, the Minister of Science and ICT may request him/her to determine an adequate number of persons to be assigned in consideration of the results of a fact-finding survey conducted pursuant to paragraph (1). In this case, the Commissioner of the Military Manpower Administration so requested shall comply with such request. (Amended by Act nº 14839, Jul. 26, 2017)
(Article Inserted by Act nº 13016, Jan. 20, 2015)
Article 13 (Search and Fostering of Excellent Overseas Human Resources)
(1) The Government shall formulate and implement policy measures for searching and fostering excellent overseas human resources having core technologies, knowledge, knowhow, etc. of information and communications technology.
(2) The policy measures referred to in paragraph (1) shall include the following matters:
1. Easing of requirements for an employment visa;
2. Easing of procedures for immigration;
3. Improvement of working conditions and treatment;
4. Establishment of a whole-of-government promotion system;
5. Other support necessary for searching and fostering excellent overseas human resources.
(3) The Government may link the programs for fostering excellent overseas human resources relating to information and communications technology promoted by enterprises with the policy measures under paragraph (1), or grant support thereto.
Article 14 (Enhancement of Information and Communications Technology Networks)
(1) The Minister of Science and ICT shall continuously promote the enhancement of information and communications technology networks for the promotion of information and communications technology and the vitalization of convergence thereof. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The Minister of Science and ICT shall develop a policy necessary to induce and support active investment from the private sector for the enhancement of information and communications technology networks. (Amended by Act nº 14839, Jul. 26, 2017)
SECTION 2.- Promotion of New Technologies, Services, etc. for Information and Communications
Article 15 (Designation, etc. of Promising Technologies, Services, etc.)
(1) In order to vitalize new technologies and services for information and communications and to link them with other industries, the Minister of Science and ICT may, each year, designate and support promising technologies and services (including digital contents) for the convergence, etc. of information and communications technology, as prescribed by Presidential Decree. (Amended by Act nº 14839, Jul. 26, 2017)
(2) Where the Minister of Science and ICT makes designation pursuant to paragraph (1), he/she shall publicly notify such designation; and the methods for designation and the scope and details of support shall be prescribed by Presidential Decree. (Amended by Act nº 14839, Jul. 26, 2017)
(3) In order to construct foundations for the vitalization of promising technologies and services, etc. for the convergence, etc. of information and communications technology designated pursuant to paragraph (1), the Minister of Science and ICT may support the vitalization of cooperation among central administrative agencies, public institutions, enterprises, universities, and research institutes. (Amended by Act nº 14839, Jul. 26, 2017)
Article 16 (Standardization of Technologies, Services, etc.)
(1) In order to promote information and communications technology and to vitalize the convergence thereof, the Minister of Science and ICT may implement the following projects concerning the standardization of technologies, services, etc. for the convergence, etc. of information and communications technology: (Amended by Act nº 14839, Jul. 26, 2017)
1. Establishment, amendment, repeal, and dissemination of standards concerning new technologies, services, etc. for the convergence, etc. of information and communications technology: Provided, That where a Korean industrial standard thereof is established pursuant to the Industrial Standardization Act, such standard shall govern;
2. Inspection, research and development of domestic and foreign standards concerning new technologies, services, etc. for the convergence, etc. of information and communications technology;
3. Other matters necessary for the standardization of new technologies, services, etc. for the convergence, etc. of information and communications technology.
(2) The Minister of Science and ICT may support projects for the standardization of technologies, services, etc. for the convergence, etc. of information and communications technology promoted by the private sector. (Amended by Act nº 14839, Jul. 26, 2017)
(3) The Minister of Science and ICT may designate institutions specialized in conducting projects for the standardization of technologies, services, etc. for the convergence, etc. of information and communications technology, and fully or partially subsidize them the necessary expenses. (Amended by Act nº 14839, Jul. 26, 2017)
(4) Matters necessary for the projects under paragraph (1) and the designation, etc. of specialized institutions under paragraph (3) shall be prescribed by Presidential Decree.
Article 17 (Quality Certification of Technologies, Services, etc.)
(1) The Minister of Science and ICT may determine and publicly notify the standards for certification (hereinafter referred to as «quality standards») concerning the convenience, stability, reliability, expandability, etc. of technologies, services, etc. for the convergence, etc. of information and communications technology. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The Minister of Science and ICT may certify whether the quality of technologies, services, etc. for the convergence, etc. of information and communications technology complies with the quality standards publicly notified pursuant to paragraph (1). In such cases, expenses incurred for certification shall be borne by applicants. (Amended by Act nº 14839, Jul. 26, 2017)
(3) In order to efficiently implement certification duties under paragraph (2), the Minister of Science and ICT may designate certification organizations. (Amended by Act nº 14839, Jul. 26, 2017)
(4) Persons who obtain certification pursuant to paragraph (2) may indicate or publicize the contents of certification, as prescribed by Presidential Decree. No person who fail to obtain certification shall indicate a certification mark or similar thereto.
(5) Where certification under paragraph (2) falls under any of the following subparagraphs, the Minister of Science and ICT shall revoke the certification: (Amended by Act nº 14839, Jul. 26, 2017)
1. Where certification is obtained by deceit or other wrongful means;
2. Where it fails to meet quality standards;
3. Where this Act or orders issued under this Act are violated.
(6) An insurance company under subparagraph 6 of Article 2 of the Insurance Business Act may guarantee compensation for damage suffered by users due to certification under paragraph (2), as prescribed by Presidential Decree.
(7) Matters necessary for procedures for certification under paragraph (2), revocation of certification under paragraph (5), etc. shall be prescribed by Presidential Decree.
Article 18 (Support for Research and Development of Small and Medium Enterprises, etc.)
(1) In implementing a research and development project concerning information and communications technology prescribed by this Act, the Minister of Science and ICT shall preferentially use above the rate prescribed by Presidential Decree, out of the budget of the relevant project, for small and medium enterprises and venture businesses. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The Minister of Science and ICT shall endeavor to vitalize investment in and financing for the intellectual property rights of small and medium enterprises and venture businesses. (Amended by Act nº 14839, Jul. 26, 2017)
(3) Matters necessary for the procedures, methods, etc. for implementation under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
Article 19 (Support for Commercialization of Promising Technologies, Services, etc. for Convergence, etc. of Information and Communications Technology)
(1) The Minister of Science and ICT may provide necessary support for the commercialization of promising technologies, services, etc. for the convergence, etc. of information and communications technology publicly announced by the Minister of Science and ICT pursuant to Article 15. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The Minister of Science and ICT may collect a price for the use, transfer, lease, or export of the results of projects from a person who makes success in commercialization after receiving support under paragraph (1). (Amended by Act nº 14839, Jul. 26, 2017)
(3) Matters necessary for support and the collection, management, etc. of money under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
Article 20 (Vitalization of Public Purchase of Technologies and Services for Convergence, etc. of Information and Communications)
In order to create demand for technologies and services for the convergence, etc. of information and communications of which the quality is certified by the Minister of Science and ICT pursuant to Article 17, the Government shall take necessary supportive measures, such as preferential purchase thereof. (Amended by Act nº 14839, Jul. 26, 2017)
SECTION 3.- Promotion of Digital Contents, Software, etc.
Article 21 (Promotion and Vitalization of Digital Contents)
(1) The Government shall create an environment in which creativity of the producers of digital contents is heightened and promising digital contents are created, distributed, and used, and endeavor to strengthen the competitiveness of related industries.
(2) In order to promote and vitalize digital contents, the Government may implement the following projects:
1. Support for the production and distribution of digital contents;
2. Regional cooperation and demonstration projects concerning digital contents;
3. Support for the construction of infrastructure for digital contents;
4. Support for fostering specialized human resources concerning digital contents;
5. Projects for the study of policies for the promotion and vitalization of digital contents;
6. Other matters prescribed by Presidential Decree for the promotion and vitalization of digital contents.
(3) The Government may designate an institution to take exclusive charge of the projects referred to in paragraph (2) for their efficient promotion, and fully or partially subsidize the necessary expenses.
(4) Matters necessary for the support projects under paragraph (2) and the designation, etc. of institutions to take exclusive charge under paragraph (3) shall be prescribed by Presidential Decree.
Article 22 (Establishment of Order in Distribution of Digital Contents)
(1) The Government shall endeavor to establish fair order in the distribution of digital contents, and formulate and implement related policy measures.
(2) The Minister of Science and ICT may conduct a fact-finding survey of the channels, etc. of distribution in order to establish fair order in the distribution of digital contents, and publish the results of such survey. (Amended by Act nº 14839, Jul. 26, 2017)
(3) In order to establish fair order in the transaction and distribution of digital contents, the Minister of Science and ICT shall prepare a standard form contract concerning digital contents transaction after consultation with the Fair Trade Commission, the Ministry of Culture, Sports and Tourism, and the Korea Communications Commission, and recommend digital content business entities and organizations to use such contract. (Amended by Act nº 14839, Jul. 26, 2017)
(4) Where the Minister of Science and ICT enacts or amends the standard form contract under paragraph (3), he/she shall hear the opinions of the relevant digital content business entities and organizations. (Amended by Act nº 14839, Jul. 26, 2017)
Article 23 (Rationalization of Software Projects in Public Sector)
(1) Where the head of a relevant central administrative agency, local government, or public institution places an order for a software project, he/she shall calculate appropriate period for the project; where the period for the project exceeds one year, he/she may conclude a long-term continuing contract. In such cases, he/she shall issue an order to implement the relevant contract within budgetary limit for each fiscal year.
(2) The Minister of Science and ICT may determine and publicly notify standards for the calculation of appropriate period for projects under paragraph (1). (Amended by Act nº 14839, Jul. 26, 2017)
Article 24 (Operation of the Software Policy and Research Institute)
(1) The Minister of Science and ICT may operate a software policy research institute (hereinafter referred to as the «research institute») to effectively support research in software engineering. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The research institute shall implement the following projects:
1. Research of software policies;
2. Analyzing, providing, and sharing statistics and information on the software industry;
3. Searching and planning new software projects;
4. Other projects prescribed by Presidential Decree.
(3) The Government may make contributions to the research institute to cover the expenses incurred for the operation, etc. within budgetary limit.
Article 25 (Facilitation of Convergence of Software)
(1) In order to facilitate the convergence of software, the Government shall prepare necessary policy measures.
(2) The policy measures under paragraph (1) shall include the following matters:
1. Formulation and implementation of policies to facilitate the convergence of software;
2. Vitalization of demand, such as promotion and expansion of pilot projects concerning the convergence of software;
3. Development of technologies for the convergence of software and support for the standardization thereof;
4. Fostering of the industry of software convergence, support for export, creation and development of clusters;
5. Other matters necessary for the facilitation of software convergence.
Article 26 (Vitalization of Research and Development of Software)
(1) In conducting national research and development projects of software pursuant to related statutes, the Government may determine a separate support system and evaluation method in consideration of the characteristics of the software industry as an asset in knowledge and information.
(2) The support system and evaluation method under paragraph (1) shall be prescribed by Presidential Decree.
Article 27 (Promotion for Making Full Use of Commercial Software)
(1) The heads of State agencies, etc. shall endeavor to promote making full use of commercial software and to calculate appropriate price, including maintenance expenses.
(2) The Minister of Science and ICT may implement the following projects in order to support the promotion for making full use of commercial software pursuant to paragraph (1): (Amended by Act nº 14839, Jul. 26, 2017)
1. Collection and analysis of information on commercial software products;
2. Examination of quality and technological support for the promotion for making full use of commercial software;
3. Comparison and evaluation of the quality and performance of commercial software;
4. Support for technological development of commercial software and the standardization thereof;
5. Other projects necessary for the vitalization of distribution of commercial software.
(3) In order to calculate the appropriate price of commercial software pursuant to paragraph (1), the Minister of Science and ICT may collect and analyze the following information on commercial software and provide the results of such analysis to State agencies, etc.: (Amended by Act nº 14839, Jul. 26, 2017)
1. Product identification information on commercial software;
2. Operating environment for commercial software;
3. Commercial software component elements and applicable standards;
4. Information on product characteristics, such as functionality, reliability, usability, and maintainability;
5. Other matters necessary for the calculation of appropriate price, including expenses for the maintenance of commercial software.
(4) In order to comprehensively manage information on commercial software under paragraph (3), the Minister of Science and ICT may request the heads of State agencies, etc., or software enterprisers to submit necessary data. (Amended by Act nº 14839, Jul. 26, 2017)
(5) The Minister of Science and ICT may entrust specialized institutions designated pursuant to Article 14 (5) of the Software Industry Promotion Act with duties under paragraphs (2) through (4) in order to efficiently perform such duties. (Amended by Act nº 14839, Jul. 26, 2017)
Article 28 (Installation Projects of Information and Communications Technology Equipment in Public Sector)
(1) Where the heads of central administrative agencies, local governments, and public institutions conclude a contract for installing information and communications technology equipment, they shall preferentially adopt a contract method by which a bidder under Article 10 (2) 3 of the Act on Contracts to which the State is a Party shall be a successful bidder: Provided, That if necessary when considering the characteristics of an installation project of information and communications technology equipment, this shall not apply.
(2) The Minister of Science and ICT and the Minister of Government Administration and Home Affairs may determine and publicly notify matters concerning contracts and operations under paragraph (1); the Minister of Government Administration and Home Affairs may publicly notify matters concerning the information system under subparagraph 13 of Article 2 of the Electronic Government Act; and the heads of central administrative agencies, local governments, and public institutions shall comply therewith. (Amended by Act nº 12844, Nov. 19, 2014; Act nº 14839, Jul. 26, 2017)
(3) The heads of central administrative agencies, local governments, and public institutions shall, each year, notify the Minister of Science and ICT and the Minister of Government Administration and Home Affairs of the information prescribed by Presidential Decree, such as the current state of contracts for installing information and communications technology equipment. (Amended by Act nº 12844, Nov. 19, 2014; Act nº 14839, Jul. 26, 2017)
(4) The Minister of Science and ICT and the Minister of Government Administration and Home Affairs may, each year, inspect the current state of use of information and communications technology equipment by public institutions. (Amended by Act nº 12844, Nov. 19, 2014; Act nº 14839, Jul. 26, 2017)
Article 29 (Forecast of Demand for Information and Communications Technology Equipment)
(1) The heads of central administrative agencies, local governments, and public institutions shall formulate a promotional plan to efficiently implement installation projects of information and communications technology equipment under Article 28 (1).
(2) The heads of central administrative agencies, local governments, and public institutions shall submit a promotional plan under paragraph (1) and information on demand for purchase of information and communications technology equipment to the Minister of Science and ICT and the Minister of Government Administration and Home Affairs. (Amended by Act nº 12844, Nov. 19, 2014; Act nº 14839, Jul. 26, 2017)
(3) The Minister of Science and ICT and the Minister of Government Administration and Home Affairs shall publish the promotional plan and information on demand for purchase submitted pursuant to paragraph (2). (Amended by Act nº 12844, Nov. 19, 2014; Act nº 14839, Jul. 26, 2017)
(4) In order to efficiently perform duties under paragraphs (2) and (3), the Minister of Science and ICT and the Minister of Government Administration and Home Affairs may designate specialized institutions, and fully or partially subsidize them the necessary expenses. (Amended by Act nº 12844, Nov. 19, 2014; Act nº 14839, Jul. 26, 2017)
(5) Frequency of, timing for, method of, and procedure for submission under paragraph (2) and publication under paragraph (3), designation and support of specialized institutions under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.
CHAPTER IV.- SUPPORT, ETC. FOR ACTIVATION OF CONVERGENCE, ETC. OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
SECTION 1.- Support for Venture Businesses and Vitalization of Technology Transactions, etc.
Article 30 (Establishment of Small and Medium Enterprises, Venture Businesses, etc., Entry into Overseas Markets, etc.)
(1) In order to vitalize and support the establishment of small and medium enterprises, venture businesses, etc. related to the convergence, etc. of information and communications technology, the Minister of Science and ICT may implement the following projects: (Amended by Act nº 14839, Jul. 26, 2017)
1. Support for the establishment of small and medium enterprises, venture businesses, etc. relating to the convergence, etc. of information and communications technology in Korea and abroad, and for entry into overseas markets;
2. Supply of work space and conference halls to small and medium enterprises, venture businesses, etc. relating to the convergence, etc. of information and communications technology;
3. Supply of information on financing, human resources, markets, etc., and support therefor to small and medium enterprises, venture businesses, etc. relating to the convergence, etc. of information and communications technology;
4. Consultation on laws, management, tax, etc. for small and medium enterprises, venture businesses, etc. relating to the convergence, etc. of information and communications technology;
5. Overseas publicity of technologies developed by small and medium enterprises, venture businesses, etc. relating to the convergence, etc. of information and communications technology, supply of information on purchasers, and referral and brokerage of sale;
6. Support for translation services and legal services for the easy entry into overseas markets by small and medium enterprises, venture businesses, etc. relating to the convergence, etc. of information and communications technology;
7. Supply of information on overseas markets concerning the convergence, etc. of information and communications technology and support for the inducement of investment;
8. Building and operation of a base for entry into overseas markets by small and medium enterprises, venture businesses, etc. relating to the convergence, etc. of information and communications technology;
9. Exchange and cooperation with relevant institutions in Korea and abroad for the development of venture businesses relating to the convergence, etc. of information and communications technology;
10. Other projects necessary for the vitalization and support of business startups and entry into overseas markets.
(2) In order to efficiently implement projects listed in paragraph (1), the Minister of Science and ICT may designate and operate institutions or organizations prescribed by Presidential Decree as specialized institutions, and fully or partially subsidize them the necessary expenses. (Amended by Act nº 14839, Jul. 26, 2017)
Article 31 (International Cooperation and Operation, etc. of Global Consultative Body)
(1) The Minister of Science and ICT shall ascertain relevant international trend necessary for the promotion of information and communications technology and the vitalization of convergence thereof, and promote international cooperation. (Amended by Act nº 14839, Jul. 26, 2017)
(2) In order to promote international cooperation under paragraph (1), the Minister of Science and ICT may perform the following duties: (Amended by Act nº 14839, Jul. 26, 2017)
1. Support for international exchange of human resources relating to the convergence, etc. of information and communications technology;
2. Support for overseas specialized education of human resources relating to the convergence, etc. of information and communications technology and for overseas training;
3. Support for international standardization relating to the convergence, etc. of information and communications technology and for international joint research and development projects, etc.;
4. Cooperation with international organizations relating to the convergence, etc. of information and communications technology, and with foreign governments;
5. Support for international cooperation in the private sector relating to the convergence, etc. of information and communications technology;
6. Other matters prescribed by Presidential Decree concerning international cooperation.
(3) For the promotion of information and communications technology and the vitalization of convergence thereof, the Minister of Science and ICT may organize a global consultative body consisting of foreign experts relating to information and communications technology. In such cases, the Minister of Science and ICT may subsidize expenses incurred for the composition and operation of the global consultative body. (Amended by Act nº 14839, Jul. 26, 2017)
(4) Matters necessary for the composition, operation, etc. of the global consultative body under paragraph (3) shall be prescribed by Presidential Decree.
Article 32 (Support for Development, etc. of Technologies and Services for Convergence, etc. of Information and Communications Technology)
(1) The Minister of Science and ICT shall endeavor to enhance the productivity and value of information and communications technology by grafting information and communications technology onto other industries, services, etc. (Amended by Act nº 14839, Jul. 26, 2017)
(2) In order to facilitate the development of technologies and services for the convergence, etc. of information and communications technology, the Minister of Science and ICT may implement the following projects: (Amended by Act nº 14839, Jul. 26, 2017)
1. Research and development projects concerning technologies and services for the convergence, etc. of information and communications technology;
2. Planning, evaluation, and management of tasks to be performed pursuant to subparagraph 1;
3. Support for referral and brokerage for the transfer of technologies, such as transactions, etc. of technologies for the convergence, etc. of information and communications technology held by the State, local governments, universities, government-funded research institutes, civilians, etc.;
4. Evaluation of technologies for the convergence, etc. of information and communications technology, and development and dissemination of evaluation methods;
5. Collection, analysis, and supply of information on the statistical surveys, research, etc. concerning the transfer and commercialization of technologies for the convergence, etc. of information and communications technology;
6. Support for the research and development of commercialization of technologies for the convergence, etc. of information and communications technology after the technologies are transferred;
7. Fostering of human resources specializing in the commercialization of technologies for the convergence, etc. of information and communications technology;
8. Development and making full use of an information system to facilitate transactions and commercialization of technologies for the convergence, etc. of information and communications technology;
9. Management, publicity, and making full use of outcomes from research concerning the convergence, etc. of information and communications technology, such as intellectual property rights;
10. Projects of research on policies, such as surveys of the level of technologies and services for the convergence, etc. of information and communications technology;
11. Demonstration projects concerning technologies and services for the convergence, etc. of information and communications technology;
12. Other projects necessary for the promotion of information and communications technology.
(3) In order to implement projects listed in paragraph (2), the Minister of Science and ICT may establish an institution, which is a legal entity to take exclusive charge thereof, or entrust legal entities or organizations with the operation thereof, and may make contributions to or fully or partially subsidize the necessary expenses within budgetary limit. (Amended by Act nº 14839, Jul. 26, 2017)
(4) The heads of central administrative agencies and local governments may require institutions in exclusive charge under paragraph (3) to perform projects listed in paragraph (2), and fully or partially subsidize them the expenses incurred in performing such projects.
(5) Except as otherwise provided for in this Act, the provisions of the Civil Act concerning incorporated foundation shall apply mutatis mutandis to institutions in exclusive charge under paragraph (3); and matters necessary for the operation of institutions in exclusive charge and for the performance of projects listed in paragraph (2) shall be prescribed by Presidential Decree.
Article 33 (Vitalization of Technology Transactions)
(1) The Minister of Science and ICT shall endeavor to create an environment in which transactions of technologies for the convergence, etc. of information and communications are vitalized. (Amended by Act nº 14839, Jul. 26, 2017)
(2) In order to vitalize the transactions of technologies for the convergence, etc. of information and communications, the Minister of Science and ICT may evaluate new technologies, collect, analyze, and supply relevant information, provide support for the development of commercialization, and perform other duties. (Amended by Act nº 14839, Jul. 26, 2017)
Article 34 (Collection and Use of Royalties)
(1) Where the projects of developing technologies and services for the convergence, etc. of information and communications under Article 32 (2) are completed, the Minister of Science and ICT may collect royalties from persons who intend to use, transfer, lease, or export the outcomes of such projects. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The Minister of Science and ICT shall use the royalties collected pursuant to paragraph (1) for the projects of developing technologies and services for the convergence, etc. of information and communications under Article 32 (2). (Amended by Act nº 14839, Jul. 26, 2017)
(3) Matters necessary for the collection, management, use, etc. of royalties under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
SECTION 2.- Vitalization of Convergence, etc. of Information and Communications Technology
Article 35 (Encouragement of Expansion of Culture of Convergence, etc. of Information and Communications Technology)
(1) In order to heighten people’s understanding of the convergence, etc. of information and communications technology and to disseminate the culture of convergence, etc. of information and communications technology, the Minister of Science and ICT may implement the following projects: (Amended by Act nº 14839, Jul. 26, 2017)
1. Searching exemplary cases of public institutions and enterprises contributed to the convergence, etc. of information and communications technology, awarding prizes thereto, and publicizing them;
2. Giving education and holding seminars for the proliferation and vitalization of the convergence, etc. of information and communications technology;
3. Other projects that the Minister of Science and ICT deems necessary.
(2) Matters necessary for the methods, procedures, etc. for implementation of projects under paragraph (1) shall be prescribed by Presidential Decree.
Article 36 (Prompt Handling of New Technologies and Services for Convergence, etc. of Information and Communications)
(1) Where a person who develops new technologies and services for the convergence, etc. of information and communications fails to obtain permission, approval, registration, authentication, verification, etc. (hereinafter referred to as «permission, etc.») under statutes due to any of the following causes, or whether he/she needs permission, etc. is not clear, he/she may file with the Minister of Science and ICT an application for prompt handling of the new technologies and services for the convergence, etc. of information and communications, as prescribed by Presidential Decree: (Amended by Act nº 14839, Jul. 26, 2017)
1. Where standards, specifications, requirements, etc. compatible with new technologies and services for the convergence, etc. of information and communications are not prescribed by statutes being the grounds for permission, etc.;
2. Where applying the standards, specifications, requirements, etc. under statutes being the grounds for permission, etc. to the relevant new technologies and services for the convergence, etc. of information and communications is not appropriate.
(2) Where the Minister of Science and ICT receives an application under paragraph (1), he/she shall notify the head of a relevant central administrative agency of the fact that an application for permission, etc. for new technologies and services for the convergence, etc. of information and communications is filed and of the details of the application. (Amended by Act nº 14839, Jul. 26, 2017)
(3) The head of the relevant central administrative agency shall reply to the Minister of Science and ICT whether the new technologies and services for the convergence, etc. of information and communications are under his/her jurisdiction or whether permission, etc. therefor are needed within 30 days from the date he/she receives notification under paragraph (2). Where he/she fails to make reply within 30 days, the duties shall be deemed not to fall under his/her jurisdiction or permission therefor of the head of the relevant central administrative agency shall be deemed unnecessary. (Amended by Act nº 14839, Jul. 26, 2017)
(4) The Minister of Science and ICT shall immediately notify the applicant of a reply under paragraph (3) (including whether permission, etc. pursuant to statutes under the jurisdiction of the Ministry of Science and ICT are necessary), or whether temporary permission, etc. under Article 37 (1) is needed, etc. (Amended by Act nº 14839, Jul. 26, 2017)
(5) Except for cases in which notification received from the Minister of Science and ICT pursuant to paragraph (4) states that permission, etc. of the Minister of Science and ICT or the head of the relevant central administrative agency are needed or that temporary permission under Article 37 (1) is needed, the relevant applicant may freely launch new technologies and services for the convergence, etc. of information and communications on the market. (Amended by Act nº 14839, Jul. 26, 2017)
(6) Where the head of the relevant central administrative agency deems that an application for new technologies and services for the convergence, etc. of information and communications under paragraph (1) is in need of permission, etc. under related statutes, he/she shall reply the conditions, procedures, etc. necessary for permission, etc.; and where the applicant applies for permission, etc. according to the contents of the reply, he/she shall promptly handle it according to the related statutes.
(7) Except as otherwise provided for in paragraphs (1) through (6), matters necessary for prompt handling, etc. of new technologies and services for convergence, etc. of information and communications shall be prescribed by Presidential Decree.
Article 37 (Temporary Permission)
(1) Where the Minister of Science and ICT receives a reply that new technologies and services for the convergence, etc. of information and communications for which an application for prompt handling is filed pursuant to Article 36 (1) do not fall under the jurisdiction of the heads of other relevant central administrative agencies according to abovementioned Article or deems that they do not fall under the jurisdiction of the heads of other relevant central administrative agencies, and needs to establish proper or appropriate standards, specifications, requirements, etc. in consideration of the characteristics of the relevant new technologies and services for the convergence, etc. of information and communications, he/she may temporarily grant permission, etc. (hereinafter referred to as «temporary permission«). In such cases, the Minister of Science and ICT may attach necessary conditions for the stability, etc. of new technologies and services for the convergence, etc. of information and communications. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The Minister of Science and ICT may conduct any test and inspection for temporary permission or designate an institution or organization having specialized human resources and technology as an institution for testing and inspection. (Amended by Act nº 14839, Jul. 26, 2017)
(3) The term of validity of temporary permission shall be up to one year, as prescribed by Presidential Decree. The term of validity may be extended one time only; a person who intends to have the term of validity extended shall file an application with the Minister of Science and ICT two months before the term of validity expires. (Amended by Act nº 14839, Jul. 26, 2017)
(4) In order to compensate for damage that the users of new technologies and services for the convergence, etc. of information and communications may suffer if a person who intends to supply new technologies and services for the convergence, etc. of information and communications after obtaining temporary permission fails to supply such services, he/she shall, before supplying such services, take out guarantee insurance which names a person designated by the Minister of Science and ICT as the insured in an amount calculated according to the standard prescribed by Presidential Decree within the scope of total fees that he/she is to charge: Provided, That where the Minister of Science and ICT deems guarantee insurance is unnecessary in consideration of the characteristics of new technologies and services for the convergence, etc. of information and communications or the financial ability of the enterpriser, he/she may be allowed not to take out guarantee insurance. (Amended by Act nº 14839, Jul. 26, 2017)
(5) A person designated as the insured pursuant to paragraph (4) shall pay insurance claims which he/she receives according to the guarantee insurance to users who are not supplied with services after paying fees.
(6) A person who obtains temporary permission shall notify the users of the relevant new technologies and services for the convergence, etc. of information and communications of the temporary permission and the term of validity.
(7) The heads of relevant central administrative agencies who are influenced by temporary permission may submit their opinions to the Minister of Science and ICT. (Amended by Act nº 14839, Jul. 26, 2017)
(8) Necessary matters, such as standards for examination of new technologies and services for the convergence, etc. of information and communications, and the procedures, methods, etc. therefor shall be prescribed by Presidential Decree.
Article 38 (Revocation of Temporary Permission)
(1) Where a person who obtains temporary permission pursuant to Article 37 (1) falls under any of the following subparagraphs, the Minister of Science and ICT shall revoke the temporary permission: (Amended by Act nº 14839, Jul. 26, 2017)
1. Where he/she has obtained the temporary permission by deceit or other wrongful means;
2. Where he/she fails to meet conditions under Article 37 (1);
3. Where he/she no longer meets the standards for examination under Article 37 (8).
(2) A person whose temporary permission is revoked pursuant to paragraph (1) shall not sell, use, supply relevant technologies and services, or conduct any other business related thereto.
CHAPTER V.- SUPPLEMENTARY PROVISIONS
Article 39 (Raising of Funds)
In order to promote information and communications technology and to vitalize the convergence thereof, the Minister of Science and ICT may use funds of the Broadcast Communications Development Fund under Article 24 of the Framework Act on Broadcasting Communications Development and the Fund for the Promotion of Information and Communications under Article 41 of the Information and Communications Technology Industry Promotion Act. (Amended by Act nº 14839, Jul. 26, 2017)
Article 40 (Hearings)
Where the Minister of Science and ICT intends to issue the following disposition, he/she shall hold a hearing: (Amended by Act nº 14839, Jul. 26, 2017)
1. Revocation of certification under Article 17 (5);
2. Revocation of temporary permission under Article 38 (1).
Article 41 (Delegation and Entrustment of Authority and Duties)
(1) The authority of the Minister of Science and ICT under this Act may be partially delegated to the heads of affiliated agencies, as prescribed by Presidential Decree. (Amended by Act nº 14839, Jul. 26, 2017)
(2) The Minister of Science and ICT may partially entrust relevant institutions, organizations, etc. with the duties under this Act, as prescribed by Presidential Decree. (Amended by Act nº 14839, Jul. 26, 2017)
Article 42 (Legal Fiction as Public Official for Purposes of Penalty Provisions)
Any of the following executive officers and employees of institutions, juristic persons, or organizations shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act: (Amended by Act nº 12844, Nov. 19, 2014; Act nº 14839, Jul. 26, 2017)
1. A working committee for the promotion of vitalization under Article 9;
2. A Korean comprehensive software education school under Article 11;
3. A specialized institution for projects for the standardization of technologies, services, etc. for the convergence, etc. of information and communications technology designated by the Minister of Science and ICT pursuant to Article 16 (3);
4. A certification organization of technologies, services, etc. for the convergence, etc. of information and communications technology designated by the Minister of Science and ICT pursuant to Article 17 (3);
5. An institution in exclusive charge of projects for the promotion and vitalization of digital contents designated by the Government pursuant to Article 21 (3);
6. A research institute under Article 24;
7. A specialized institution designated by the Minister of Science and ICT or the Minister of Government Administration and Home Affairs pursuant to Article 29 (4);
8. An legal entity or organization established, entrusted, or operated by the Minister of Science and ICT pursuant to Article 32 (3);
9. An institution for testing and inspection designated by the Minister of Science and ICT pursuant to Article 37 (2);
10. An institution or organization entrusted with some of the duties under this Act by the Minister of Science and ICT pursuant to Article 41 (2).
Article 43 (Prohibition of Divulging Classified Information)
The executive officers and employees of institutions, juristic persons, or organizations falling under any of the subparagraphs of Article 42 or persons who have been in such post shall not divulge classified information that they have become aware of in the course of performing their duties.
CHAPTER VI.- PENALTY PROVISONS
Article 44 (Penalty Provisions)
(1) Each of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who obtains certification under Article 17 (2) by deceit or other wrongful means;
2. A person who obtains temporary permission under Article 37 by deceit or other wrongful means;
3. A person who divulges classified information that he/she has become aware of in the course of performing his/her duties, in violation of Article 43.
(2) A person indicating a mark of certification or similar thereto without obtaining certification, in violation of the latter part of Article 17 (4) shall be punished by a fine not exceeding five million won.
Article 45 (Joint Penalty Provisions)
If the representative of a juristic person or organization or an agent, employee, or other servant of a juristic person, organization, or individual commits any violation described in Article 44 in conducting the business affairs of the juristic person, organization, or individual, not only shall the violator be punished but the juristic person, organization, or individual shall also be punished by a fine prescribed in the relevant provisions: Provided, That where the juristic person, organization, or individual has not been negligent in giving considerable due care and supervision in connectin with the business in order to prevent such violation, this shall not apply.
Article 46 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding ten million won:
1. A person who fails to take out guarantee insurance, in violation of Article 37 (4);
2. A person who sells, uses, supplies, etc. relevant technologies and services after temporary permission is revoked, in violation of Article 38 (2).
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Science and ICT. (Amended by Act nº 14839, Jul. 26, 2017)
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA (Act nº 12844, Nov. 19, 2014)
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of the Addenda, the amended provisions of the Acts, which were promulgated before this Act enters into force but the dates on which they are to enter into force have yet to arrive, shall enter into force on the date each relevant Act enters into force, respectively.
Articles 2 through 7 Omitted.
ADDENDUM (Act nº 13016, Jan. 20, 2015)
This Act shall enter into force on the date of its promulgation.
ADDENDA (Act nº 14839, Jul. 26, 2017)
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of the Addenda, the amended provisions of the Acts, which were promulgated before this Act enters into force but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.