CHAPTER I.- GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to establish the basic framework for the system of digital signatures in order to secure the safety and reliability of electronic messages and to promote their use, thereby stimulating the use of electronic records and communications on a national level and advancing social benefit and convenience.
Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term «electronic message» means a piece of information generated and sent, received, or stored in digital form through an information processing system;
2. The term «digital signature» means a piece of information in digital form affixed on, or logically combined to, an electronic message in order to identify the signer and verify that the electronic message has been signed by that signer;
3. The term «certified digital signature» means a digital signature that satisfies the following requirements and is grounded upon an authorized certificate:
(a) That the digital signature creating key shall be only held by and known only to the subscriber;
(b) That the subscriber shall be controlling and managing the digital signature creating key at the time of signing;
(c) That it shall be ascertained whether there has been any alteration in the digital signature concerned since it was affixed;
(d) That it shall be ascertained whether there has been any alteration in the electronic message concerned since digital signature was affixed;
4. The term «digital signature creating key» means a sequence of bits used to affix a digital signature to an electronic message;
5. The term «digital signature verifying key» means a sequence of bits used to verify a digital signature;
6. The term «certification» means the act of ascertaining and verifying that the digital signature creating key is held and known only by the subscriber;
7. The «certificate» means a computer-based record ascertaining and verifying that the digital signature creating key is only held by and known only to the subscriber;
8. The term «authorized certificate» means a certificate that a licensed certification authority issues in accordance with Article 15;
9. The term «authorized certification work» means the affairs of offering authorized certification services, such as the issuance of authorized certificates, the maintenance of certification-related records, etc.;
10. The term «licensed certification authority» means an entity that is, in accordance with Article 4, designated as such in order to offer authorized certification services;
11. The term «subscriber» means a person whose digital signature creating key has been certified by a licensed certification authority;
12. The term «signer» means a person who holds his own digital signature creating key and signs in his or her own name or on behalf of another person;
13. The term «information on individual» means a piece of information that pertains to a living individual, such as information regarding marks, letters, voice, sound, image, and biometric characteristics which may help establish the identity of the person concerned based on his or her name, resident registration number, etc. (including cases where such information, even if this information is not enough to identify a specific person, can be combined easily with other information to establish his or her identity).
(Article Amended by Act nº 6585, Dec. 31, 2001)
Article 3 (Effect, etc. of Digital Signature)
(1) In cases where a signature, signature and seal, or name and seal is, under other Acts and subordinate statutes, required to be affixed on a paper-based document or letter, it shall be deemed that such requirements are satisfied if there is a certified digital signature affixed on an electronic message. (Amended by Act nº 6585, Dec. 31, 2001)
(2) In cases where a certified digital signature is affixed on an electronic message, it shall be presumed that such a digital signature is the signature, signature and seal, or name and seal of the signer of the electronic message concerned and that there has been no alteration in the contents of such message since it was signed digitally. (Amended by Act nº 6585, Dec. 31, 2001)
(3) A digital signature other than a certified digital signature shall have such an effect of a signature, signature and seal, or name and seal, as is agreed between the parties concerned. (Inserted by Act nºº 6585, Dec. 31, 2001)
CHAPTER II.- LICENSED CERTIFICATION AUTHORITY
Article 4 (Designation of Licensed Certification Authority)
(1) The Minister of Science, ICT and Future Planning may designate as a licensed certification authority an entity that is deemed to be capable of performing authorized certification work (hereinafter referred to as «certification work«) in a secure and reliable manner. (Amended by Act º 6585, Dec. 31, 2001; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(2) The entity that can be designated as a licensed certification authority shall be limited to State agencies, local governments and corporations.
(3) The entity that desires to be designated as a licensed certification authority shall meet such requirements as technical and financial capabilities, facilities and equipment, and other required matters as provided by Presidential Decree.
(4) Where the Minister of Science, ICT and Future Planning designates a licensed certification authority under paragraph (1), he or she may designate it, for a sound development, etc. of the authorized certification market, by dividing the domain of certification work under the establishment purpose in cases of State agencies, local governments, non-profit corporations or corporations established by special Acts. (Inserted by Act nº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(5) Procedures for designation of a licensed certification authority and other necessary matters shall be determined by Presidential Decree.
Article 5 (Grounds for Disqualification)
No person who falls under any of the following subparagraphs shall be designated as a licensed certification authority: (Amended by Act nº 7428, Mar. 31, 2005; Act nº 12762, Oct. 15, 2014)
1. A corporation of which any executive officer falls under any of the following:
(a) A person under adult guardianship or limited guardianship, or a person who has been declared by a court as bankrupt and has not been reinstated;
(b) A person in whose case two years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including cases where the execution of the sentence is deemed completed) or exempted;
(c) A person who is under suspension of the execution of imprisonment without labor or heavier punishment as declared by a court;
(d) A person who has been disqualified or whose qualification has been suspended by the court decision or under other Acts;
(e) A person who was in the position of an executive officer of a corporation at the time when its designation as a licensed certification authority was revoked pursuant to Article 12 (limited to cases where two years have not yet passed since its revocation);
2. A corporation in whose case two years have not yet passed since its designation as a licensed certification authority was revoked pursuant to Article 12.
Article 6 (Rules, etc. of Authorized Certification Work)
(1) A licensed certification authority shall prepare its rules of authorized certification work (hereinafter referred to as «rules of certification work«) that contains matters set forth in each of the following subparagraphs and report them to the Minister of Science, ICT and Future Planning before starting to perform certification work: (Amended by Act nº 6585, Dec. 31, 2001; Act nº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
1. Types of certification work;
2. Method and procedures for performing certification work;
3. Terms and conditions of use for authorized certification services (hereinafter referred to as «certification services«);
4. Such other matters as may be necessary to carry out certification work.
(2) A licensed certification authority shall prepare the rules of certification work under the standards for the rules of authorized certification work and the digital signature certification work guidelines under the provisions of Article 8 that are provided and notified by the Minister of Science, ICT and Future Planning. (Inserted by Act nº 7813, Dec. 20, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(3) In cases of the modification of the matters already reported under paragraph (1), a licensed certification authority shall report such fact to the Minister of Science, ICT and Future Planning within a period of time prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. (Inserted by Act nº 6585, Dec. 31, 2001; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(4) Where the contents of rules of certification work reported under the provisions of paragraph (1) to ensure the safety and reliability of certification work and to protect subscribers’ interests violate the standards for preparing the rules of authorized certification work provided and notified by the Minister of Science, ICT and Future Planning and the digital signature certification work guidelines under the provisions of Article 8 (1), the Minister of Science, ICT and Future Planning may order the licensed certification authority concerned to modify the same rules of certification work within a reasonable and fixed period of time. (Amended by Act nº 6585, Dec. 31, 2001; Act nº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(5) A licensed certification authority shall faithfully observe all the matters prescribed by the rules of certification work. (Inserted by Act nº 6585, Dec. 31, 2001; Act nº 7813, Dec. 30, 2005)
Article 7 (Provision, etc. of Certification Services)
(1) No licensed certification authority shall refuse to provide certification services without any justifiable reason.
(2) No licensed certification authority shall unjustly discriminate against a subscriber or a certification service user.
Article 8 (Performance of Certification Work by Licensed Certification Authority)
(1) In order to ensure the safety and reliability of certification work, the Minister of Science, ICT and Future Planning may draw up and notify digital signature certification work guidelines on specific matters that shall be observed by a licensed certification authority in performing certification work. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(2) The digital signature certification work guidelines under paragraph (1) shall contain the following: (Inserted by Act nº 7813, Dec. 30, 2005)
1. Matters concerning the management of authorized certificates;
2. Matters concerning the management of digital signature creating keys;
3. Matters concerning the protection of the facilities of licensed certification authorities;
4. Other matters concerning the certification work and operational management.
(Article Amended by Act nº 6585, Dec. 31, 2001)
Article 9 (Acquisition of Certification Work by Transfer, etc.)
(1) A licensed certification authority, which desires to acquire the certification work of another licensed certification authority or to merge with another licensed certification authority that is a corporation, shall report it to the Minister of Science, ICT and Future Planning as prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. (Amended by Act nº. 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(2) A licensed certification authority that has acquired the certification work as referred to in paragraph (1), or in the case of merger, the corporation that has survived or newly been established after the merger thereunder shall succeed to the status of the former licensed certification authority.
Article 10 (Cessation, Closure, etc. of Certification Work)
(1) When a licensed certification authority desires to cease all or part of its certification work, it shall fix the period of cessation and notify its subscribers thereof not later than 30 days before the scheduled date of cessation, and also report it to the Minister of Science, ICT and Future Planning. In such cases, this period of cessation shall not exceed six months. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(2) When a licensed certification authority desires to close its certification work, it shall notify its subscribers thereof not later than 60 days before the scheduled date of closure, and also report it to the Minister of Science, ICT and Future Planning. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(3) The licensed certification authority that has reported under paragraph (2) shall transfer to another licensed certification authority its subscriber’s authorized certificates as well as the records of the authorized certificates the validity of which was suspended and which was revoked (hereinafter referred to as the «subscriber’s certificates, etc.»): Provided, That if the subscriber’s certificates, etc. may not be transferred to another licensed certification authority due to unavoidable circumstances, the licensed certification authority shall, without delay, report such fact to the Minister of Science, ICT and Future Planning. (Amended by Act nº 6585, Dec. 31, 2001; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(4) Upon receipt of the report under the proviso to paragraph (3), the Minister of Science, ICT and Future Planning may order the Korea Internet Security Agency under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as the «Internet Security Agency«) to take over the subscriber’s certificates, etc. from the licensed certification authority concerned. (Amended by Act nº 6360, Jan. 16, 2001; Act nº 6585, Dec. 31, 2001; Actnº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(5) Such matters as may be necessary for the report of the cessation or closure of certification work as well as the transfer and takeover of the subscriber’s certificates, etc. as referred to in paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
Article 11 (Corrective Order)
The Minister of Science, ICT and Future Planning may order a licensed certification authority to take corrective measures within a fixed period of time if it falls under any of the following subparagraphs: (Amended by Act nº 6585, Dec. 31, 2001; Act nº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
1. Deleted; (by Act nº 7813, Dec. 30, 2005)
2. Where a licensed certification authority fails to satisfy the requirements it should meet under Article 4 (3) after it was designated as a licensed certification authority;
3. Where an executive officer of a licensed certification authority falls under any of the items of subparagraph 1 of Article 5;
4. Where a licensed certification authority fails to make a report or a report on alterations under Article 6 or where it fails to observe its rules of certification work that have been reported thereunder;
5. Where a licensed certification authority refuses to provide certification services, or unjustly discriminates against subscribers or certification service users, in violation of Article 7;
5-2. Where a licensed certification authority fails to observe specific matters set forth in the digital signature certification work guidelines, in violation of Article 8;
6. Where no report is made on the acquisition of a certification work by transfer, or on a merger between the licensed certification authorities, in violation of Article 9 (1);
7. Where a licensed certification authority fails to give notice of, or to make report on, the cessation or closure of its certification work, or where it fails to transfer its subscriber’s certificates, etc. to another certification authority at the time of the closure of its certification work, in violation of Article 10;
8. Where a licensed certification authority, the designation of which is revoked, fails to transfer its subscriber’s certificates, etc. to another certification authority, or fails to make a report it is required to do in cases of no transfer, in violation of Article 12 (2);
9. Where documents and materials as referred to in Article 14 (1) are not submitted;
9-2. Where a licensed certification authority fails to confirm the identity under the latter part of Article 15 (1);
10. Where a licensed certification authority fails to suspend or restore the validity of an authorized certificate, or where it fails to take such measures as may be necessary to confirm such fact, in violation of Article 17;
11. Where a licensed certification authority fails to revoke an authorized certificate, or where it fails to take such measures as may be necessary to confirm such fact, in violation of Article 18;
11-2. Where a licensed certification authority fails to take protective measures to ensure safety of facilities related to certification work in violation of Article 18-3;
12. Where a licensed certification authority fails to report on a failure that occurred in the information processing systems providing a certification work under the provisions of Article 22-3 (1);
13. Where a licensed certification authority fails to buy the insurance under the provisions of Article 26 (2).
Article 12 (Suspension of Certification Work or Revocation of Designation, etc.)
(1) Where a licensed certification authority falls under any of the following subparagraphs, the Minister of Science, ICT and Future Planning may suspend all or part of its certification work for a fixed period not exceeding 6 months, or revoke its designation as a licensed certification authority: Provided, That in such cases as set forth in subparagraphs 1 and 2, its designation shall be revoked: (Amended by Act nº 6585, Dec. 31, 2001; Act nº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
1. Where a designation provided in Article 4 was made by fraud or other improper means;
2. Where a licensed certification authority which has been ordered to suspend its certification work fails to suspend the certification work in violation of such order;
3. Where certification work is not commenced within 6 months after designation provided in Article 4 or where certification work has been discontinued for 6 consecutive months or longer;
4. Where an order to alter the rules of certification work as provided in Article 6 (4) is violated;
5. Where a corrective order as provided in Article 11 is not implemented without good cause.
(2) A licensed certification authority the designation of which is revoked pursuant to paragraph (1) shall transfer its subscriber’s certificates, etc. to another licensed certification authority: Provided, That if the subscriber’s certificates, etc. may not be transferred due to any unavoidable cause, the licensed certification authority shall, without delay, report such fact to the Minister of Science, ICT and Future Planning. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(3) The provisions of Article 10 (4) shall apply mutatis mutandis to a licensed certification authority the designation of which is revoked.
(4) Necessary matters pertaining to standards and procedures for dispositions referred to in paragraph (1) as well as transfer and takeover, etc. under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
Article 13 (Imposition of Penalty Surcharge)
(1) Where a suspension of certification work as a sanction against an offence falling under any of subparagraphs of Article 12 (1) may cause subscribers, etc. serious inconvenience or may be harmful to other public interests, the Minister of Science, ICT and Future Planning may impose a penalty surcharge not exceeding 20 million won, in lieu of that suspension of certification work. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(2) The amount of a penalty surcharge according to the types and nature of the offences subject to penalty surcharge under paragraph (1) and other necessary matters shall be determined by Presidential Decree. (Amended by Act nº 7813, Dec. 30, 2005)
(3) When a person who is obligated to pay a penalty surcharge under paragraph (1) fails to do so by due date, the Minister of Science, ICT and Future Planning shall collect it by referring to the practices of dispositions on default of national taxes. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
Article 14 (Inspection, etc.)
(1) In order to confirm the following matters intended to ensure the safety and reliability of certification work, to protect subscribers, etc., the Minister of Science, ICT and Future Planning may order a licensed certification authority to submit the relevant documents and materials, and cause the relevant public official to enter its office, work site, or any other necessary premises to inspect facilities, equipment, books, records and other items concerning certification work: (Amended by Act nº 6585, Dec. 31, 2001; Act nº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
1. Whether or not the procedures and methods for an identity confirmation by a licensed certification authority under the provisions of Article 15 are appropriate;
2. Whether or not the safety and reliability of confirmation work provided in the provisions of Articles 18-3, 19 through 22, 22-2, 23 and 24 are ensured.
(2) Where the Minister of Science, ICT and Future Planning has the relevant public official inspect under the provisions of paragraph (1), he or she shall notify the relevant licensed certification authority of the inspection plans such as the inspection date, details and reasons for inspection, not later than 7 days before the beginning of inspection. (Inserted by Act nº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(3) The public official who enters the premises to conduct an inspection pursuant to paragraph (1) shall show a certificate verifying his or her authority to interested persons, and deliver to the interested persons at the time of entry the document containing his or her name, time of entry and purpose of entry, etc. (Amended by Act nº 7813, Dec. 30, 2005)
CHAPTER III.- AUTHORIZED CERTIFICATE
Article 15 (Issuance of Authorized Certificate)
(1) A licensed certification authority shall issue an authorized certificate to the person who applies for the issuance of an authorized certificate. In such cases, the licensed certification authority shall verify the identity of the applicant. (Amended by Act nº 6585, Dec. 31, 2001)
(2) An authorized certificate issued by a licensed certification authority shall contain such particulars as set forth in the following subparagraphs: (Amended by Act nº 6585, Dec. 31, 2001)
1. Subscriber’s name (in cases of a corporation, its name or trade name);
2. Subscriber’s digital signature verifying key;
3. Description of algorithm used by the subscriber and the licensed certification authority to sign the authorized certificate;
4. Serial number of the authorized certificate;
5. Effective period of the authorized certificate;
6. Name of the licensed certification authority and other information that can be used to verify the identity of the licensed certification authority;
7. If there is any limit imposed on the scope or purposes of the use of the authorized certificate, matters pertaining thereto;
8. If the subscriber has the proxy, etc. to act for another or if he or she asks his or her professional title, etc. to be entered, matters pertaining thereto;
9. A mark verifying the authorized certificate.
(3) Deleted. (by Act nº 6585, Dec. 31, 2001)
(4) If a person applies for the issuance of an authorized certificate, a licensed certification authority may issue an authorized certificate having limits on the scope or purposes of its use. (Amended by Act nº 6585, Dec. 31, 2001)
(5) A licensed certification authority shall give an appropriate period of validity to an authorized certificate, taking into account the scope or purposes of its use as well as the safety and reliability of the computing techniques used for its issuance. (Amended by Act nº 6585, Dec. 31, 2001)
(6) Necessary matters concerning the procedures and methods of verifying the identity of an applicant for the issuance of an authorized certificate shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. (Inserted by Act nº 6585, Dec. 31, 2001; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
Article 16 (Termination, etc. of Validity of Authorized Certificate)
(1) Where any of the following circumstances arises, with respect to an authorized certificate issued by a licensed certification authority, the validity of that authorized certificate shall terminate at the time of the occurrence of such circumstances: (Amended by Act nº 6360, Jan. 16, 2001; Act nº 6585, Dec. 31, 2001)
1. Where the period of validity of an authorized certificate expires;
2. Where the designation of a licensed certification authority is revoked pursuant to Article 12 (1);
3. Where the validity of an authorized certificate is suspended pursuant to Article 17;
4. Where an authorized certificate is revoked pursuant to Article 18;
5. Deleted. (by Act nº 6585, Dec. 31, 2001)
(2) Where the digital signature creating key of a licensed certification authority, whose certification work was discontinued or closed under the provisions of Article 10 or suspended under the provisions of Article 12, has been lost, damaged, or stolen and outflowed, etc., the Minister of Science, ICT and Future Planning may, for ensuring the safety and reliability of certification work, suspend the validity of all authorized certificates issued by the relevant licensed certification authority. (Amended by Act nº 7813, Dec. 30, 2005; Act nº. 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(3) When the Minister of Science, ICT and Future Planning has suspended the validity of authorized certificates pursuant to paragraph (2), he or she shall instruct the Internet Security Agency to take, without delay, such measures as may be necessary for this information to be at all times accessible to the public. The same shall also apply where the validity of authorized certificates terminates pursuant to paragraph (1) 2. (Amended by Act nº 6585, Dec. 31, 2001; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
Article 17 (Suspension, etc. of Validity of Authorized Certificate)
(1) If there is a request on the part of a subscriber or his or her agent, a licensed certification authority shall suspend the validity of an authorized certificate or restore it by terminating the suspension. In such cases, the request for the restoration of its validity shall be made within 6 months from the date on which the validity of the authorized certificate was suspended. (Amended by Act nº 6585, Dec. 31, 2001)
(2) In cases where a licensed certification authority has suspended or restored the validity of an authorized certificate under paragraph (1), it shall, without delay, adopt such measures as may be necessary for this information to be at all times accessible to the public. (Amended by Act nº 6585, Dec. 31, 2001)
Article 18 (Revocation of Authorized Certificate)
(1) In any of the following circumstances with respect to an authorized certificate, the licensed certification authority shall revoke this certificate: (Amended by Act nº 6585, Dec. 31, 2001)
1. Where a subscriber or his or her agent requests the revocation of an authorized certificate;
2. Where the licensed certification authority becomes aware that a subscriber has been issued an authorized certificate by fraud or other improper means;
3. Where the licensed certification authority becomes aware that a subscriber has been declared dead or missing by a court, or that a subscriber as a corporation has been dissolved;
4. Where the licensed certification authority becomes aware that a subscriber’s digital signature creating key has been lost, damaged, stolen or disclosed to a third party.
(2) Where a licensed certification authority has revoked an authorized certificate pursuant to paragraph (1), it shall, without delay, take such measures as may be necessary to confirm such fact. (Amended by Act nº 6585, Dec. 31, 2001)
Article 18-2 (Personal Identification by Authorized Certificate)
A person may identify himself or herself by means of an authorized certificate issued by a licensed certification authority under this Act unless the act of identifying a person himself or herself by such means is restricted or precluded by any other Act.
(Article Inserted by Act nº 6585, Dec. 31, 2001)
CHAPTER IV.- ENSURING SAFETY AND RELIABILITY OF CERTIFICATION WORK
Article 18-3 (Ensuring Safety of Licensed Certification Authority)
A licensed certification authority shall take protective measures prescribed by Ordinance of the Ministry of Science, ICT and Future Planning to ensure safety of facilities related to certification work. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 19 (Operation of Certification Work System)
(1) A licensed certification authority shall securely operate its facilities and equipment for performing certification work, including a certification work system that serves to enable the public to ascertain at all times whether the authorized certificates it issues remain valid.
(2) A licensed certification authority shall be subject to a regular inspection by the Internet Security Agency to ascertain whether its facilities and equipment as provided in paragraph (1) are securely operated. (Amended by Act nº 11690, Mar. 23, 2013)
(3) Where a licensed certification authority replaces the facilities and equipment as provided in paragraph (1) after it was designated as such, it shall, without delay, report it to the Minister of Science, ICT and Future Planning. In such cases, the Minister of Science, ICT and Future Planning may direct the Internet Security Agency to inspect the new facilities and equipment in question for any problems in their safety. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(Article Amended by Act nº 6585, Dec. 31, 2001)
Article 20 (Time-Stamp of Electronic Messages)
A licensed certification authority may stamp by an authorized digital signature the time at which an electronic message is presented for its certification, if there is any request therefor on the part of a subscriber or an authorized certificate user (hereinafter referred to as the «user«). (Amended by Act nº 6585, Dec. 31, 2001; Act nº 7813, Dec. 30, 2005)
Article 21 (Control of Digital Signature Creating Key)
(1) A subscriber shall hold and keep control of his or her digital signature creating key in a secure and confidential manner, and, when he or she becomes aware that it has been lost, hacked, stolen, or disclosed to a third person or that it is in danger of being likely to be hacked, he or she shall notify the licensed certification authority thereof. In such cases, the subscriber shall, without delay, inform the users of the contents of the said notification he or she has sent to the licensed certification authority.
(2) A licensed certification authority shall provide its subscribers with the computational device by which they can inform or notify such facts as referred to in paragraph (1).
(3) A licensed certification authority shall not hold a subscriber’s digital signature creating key unless the subscriber so requests; notwithstanding, if by the request of a subscriber it holds his or her digital signature creating key, it shall not use or disclose the said key without the consent of the subscriber.
(4) A licensed certification authority shall hold and keep control of the digital signature creating key that it is using, in a secure and confidential manner. When it becomes aware that such a digital signature creating key has been lost, hacked, stolen or disclosed outside or that the digital signature creating key is in danger of being likely to be hacked, it shall, without delay, notify the Internet Security Agency thereof and take such measures as to secure the safety and reliability of certification work. (Amended by Act nº 11690, Mar. 23, 2013)
(Article Amended by Act nº 6585, Dec. 31, 2001)
Article 22 (Keeping Records of Certification Work)
(1) A licensed certification authority shall keep and control records of the issuance of authorized certificates for its subscribers and the performance of its certification work in a secure manner. (Amended by Act nº 6585, Dec. 31, 2001)
(2) A licensed certification authority shall retain its subscriber’s certificates, etc. for a period of 10 years after the termination of the validity of the certificates concerned. (Amended by Act nº 6585, Dec. 31, 2001)
Article 22-2 (Control, etc. of Authorized Certificates)
(1) A licensed certification authority and its subscriber shall exercise due care to maintain the accuracy and integrity of the contents of the authorized certificate concerned or the information associated with the authorized certificate while it remains valid.
(2) A licensed certification authority shall provide users with an easy way to ascertain the matters set forth in the following subparagraphs by using the authorized certificate:
1. Name of the licensed certification authority and other information that can help verify the identity of the licensed certification authority;
2. The fact that the subscriber is controlling and managing the digital signature creating key at the time of the issuance of the authorized certificate concerned;
3. The fact that the digital signature creating key remained valid prior to the issuance of the authorized certificate.
(3) A licensed certification authority shall provide the users with an easy way to ascertain the matters set forth in the following subparagraphs:
1. Methods by which the identity of the signer can be verified;
2. Limits on the purpose of use of, or the amount permissible for, the digital signature creating key or the authorized certificate;
3. The scope or limits of liability incurred by the licensed certification authority.
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 22-3 (Report on Occurrence of Obstacles to Certification Work)
(1) Where any obstacles have occurred to the information processing systems that provide the certification work, a licensed certification authority shall report such facts without delay to the Minister of Science, ICT and Future Planning or the president of the Internet Security Agency, and shall prepare the countermeasures capable of rapidly overcoming the obstacles. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(2) When the Minister of Science, ICT and Future Planning or the president of the Internet Security Agency has received a report on obstacles to the certification work under the provisions of paragraph (1), he or she shall take the measures of the following subparagraphs: (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
1. Collection and dissemination of the information on obstacles;
2. Technological support and cooperation concerning overcoming the obstacles.
(Article Inserted by Act nº 7813, Dec. 30, 2005)
Article 23 (Security of Digital Signature Creating Key, etc.)
(1) No person shall use by stealth or disclose another person’s digital signature creating key. (Amended by Act nº 6585, Dec. 31, 2001)
(2) No person shall have an authorized certificate issued in the name of another person, or aid such issuance. (Amended by Act nº 6585, Dec. 31, 2001)
(3) No person shall use a similar mark that leads or may lead others to confuse an unauthorized certificate, etc. with an authorized certificate or shall falsely indicate the use of an authorized certificate. (Inserted by Act nº 6585, Dec. 31, 2001)
(4) No person shall unlawfully use an authorized certificate by ridding oneself of the utilization scope or usage. (Inserted by Act nº 7813, Dec. 30, 2005)
(5) No person shall transfer or rent an authorized certificate to other persons for the purpose of being exercised, or receive any transfer or rent of other persons’ authorized certificate for the purpose of exercising. (Inserted by Act nº 7813, Dec. 30, 2005)
Article 24 (Protection of Information on Individual)
(1) A licensed certification authority shall protect information on individual regarding its performance of certification work.
(2) Deleted. (by Act nº 10465, Mar. 29, 2011)
(Article Amended by Act nº 6585, Dec. 31, 2001)
Article 25 (Digital Signature Certification Control Service)
(1) In order to create an environment in which the public may safely and reliably use digital signatures and to exercise efficient control over licensed certification authorities, the Internet Security Agency shall perform the functions set forth in the following subparagraphs: (Amended by Act nº 11690, Mar. 23, 2013)
1. In cases of designating a licensed certification authority under Article 4, assistance with the examination of such facilities and equipment as the applicant for the designation shall prepare to meet requirements for the said designation;
2. Assistance with the inspection of a licensed certification authority as provided in Article 14 (1);
3. Examination of and technical assistance for protective measures as provided in Article 18-3;
4. Regular inspection as provided in Article 19 (2) as to whether facilities and equipment are securely operated;
5. Certification work, such as the issuance, control, etc. of authorized certificates for the licensed certification authorities;
6. Development of technology relating to digital signature certification, dissemination thereof, and research on standardization thereof;
7. Assistance with the promotion of international cooperation, including research on systems relating to digital signature certification and the reciprocal recognition thereof;
8. Other necessary matters concerning digital signature certification control service.
(2) Articles 6, 7, 15 through 18, 18-2, 18-3, 19 (1), and 22 shall apply mutatis mutandis to the digital signature certification control service of the Internet Security Agency. In such cases, the «licensed certification authority» shall be deemed the «Internet Security Agency» and the «subscriber» the «licensed certification authority». (Amended by Act nº 7813, Dec. 30, 2005; Act nº 11690, Mar. 23, 2013)
(3) The Internet Security Agency may levy charges, etc. for its performance of digital signature certification control service as referred to in paragraph (1), such as examination, technical assistance, inspection, issuance of authorized certificates. (Amended by Act nº 11690, Mar. 23, 2013)
(Article Amended by Act nº 6585, Dec. 31, 2001)
Article 25-2 (Obligation of Users)
The users shall take the following measures in order to verify whether or not a certified digital signature is true by referring to the particulars, etc. of the authorized certificate as set forth in Article 15 (2) 1 through 6:
1. A measure to ascertain whether the authorized certificate remains valid;
2. A measure to ascertain whether the authorized certificate has been suspended or revoked;
3. A measure to ascertain such matters as set forth in Article 15 (2) 7 and 8.
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 25-3 (Prohibition from Demand for Specific Authorized Certificate)
In verifying a digital signature by means of an authorized certificate, no person shall demand an authorized certificate issued only by a specific licensed certification authority without any justifiable reason therefor.
(ArticleInserted by Act nº 6585, Dec. 31, 2001)
Article 26 (Compensation Responsibility)
(1) Where a licensed certification authority has caused damages to the subscribers or the users who have trusted its authorized certificates in connection with the performance of the certification work, it shall compensate such damages: Provided, That if the licensed certification authority proves that it has no fault, such compensation responsibility shall be exempted.
(2) A licensed certification authority shall subscribe for an insurance for compensating the damages under the provisions of paragraph (1).
(Article Amended by Act nº 7813, Dec. 30, 2005)
CHAPTER V.- ADOPTION, ETC. OF DIGITAL SIGNATURE CERTIFICATION POLICY
Article 26-2 (Formulation, etc. of Policies for Development of Digital Signature Certification System)
The Government shall formulate and carry out policies on matters set forth in the following subparagraphs in order to promote the development of digital signature and certification work, including ensuring the safety and reliability of digital signatures, promoting the widespread use thereof, etc.:
1. Matters concerning a basic policy for ensuring the safety and reliability of digital signature and promoting the widespread use thereof;
2. Matters concerning smooth cooperation among certification authorities in achieving the mutual recognition and common use of different certificates of digital signature and matters concerning technical standardization for such certificates;
3. Matters concerning development of digital signature-related technique;
4. Matters concerning education and publicity designed for the promotion of widespread use of digital signature;
5. Matters concerning improvement in systems and readjustment of the relevant Acts and subordinate statutes to promote widespread use of digital signatures;
6. Matters concerning the provision of assistance and relevant information to organizations related to digital signatures;
7. Matters concerning the protection of rights and interests of subscribers and users that are related to certification work;
8. Matters concerning the reciprocal recognition of foreign digital signature and certificates as well as the promotion of international cooperation;
9. Matters concerning the promotion of digital signature-related industry and the training of manpower available for this industry;
10. Matters concerning protective measures to ensure the safety of a licensed certification authority;
11. Matters concerning the adoption of pilot projects designed for the promotion of widespread use of digital signatures as well as matters concerning the survey of statistics and actual conditions in relation to the use of digital signature;
12. Matters concerning the use of encryption designed to ensure the safety and reliability of electronic messages;
13. Such other matters as may be necessary for ensuring the safety and reliability of digital signatures and for promoting the widespread use of digital signatures.
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 26-3 (Cooperation among Certification Authorities in Achieving Mutual Recognition and Common Use of Different Certificates of Digital Signature)
(1) The Minister of Science, ICT and Future Planning shall carry out the following matters in order to promote smooth cooperation among certification authorities in achieving the mutual recognition and common use of different certificates of digital signature: (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
1. Survey, research, and development on domestic and foreign standards for the mutual recognition and common use of different certificates of digital signature;
2. Establishment of standards related to the mutual recognition and common use of different certificates of digital signature and promotion of widespread use thereof;
3. Adjustment of digital signatures and certification policy for the mutual recognition and common use of different certificates of digital signature;
4. Other matters concerning the mutual recognition and common use of different certificates of digital signature.
(2) The Minister of Science, ICT and Future Planning may, where necessary to carry out matters set forth in the subparagraphs of paragraph (1), cause the relevant agency or organization to act for him or her. In such cases, he or she may subsidize the expenses incurred therein as prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 26-4 (Development of Digital Signature-Related Techniques and Manpower Training)
The Minister of Science, ICT and Future Planning shall carry out the following matters for the purposes of technical development and specialized manpower training that are necessary to promote the widespread use of digital signatures: (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
1. Matters concerning research on digital signature-related technical level, technical study and development, and application thereof;
2. Matters concerning cooperation in and transfer of digital signature-related techniques;
3. Matters concerning the provision of information on digital signature-related techniques and the promotion of cooperation with agencies and organizations related thereto;
4. Matters concerning research on the supply of and demand for manpower specializing in digital signatures and assistance for specialized manpower training;
5. Such other matters as may be necessary for the development of digital signature-related techniques and manpower training.
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 26-5 (Implementation of Digital Signature-Related Pilot Projects)
(1) The Minister of Science, ICT and Future Planning may carry out pilot projects to promote the wide use of digital signatures as prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(2) The Government may provide administrative, financial, and technical assistance in carrying out pilot projects as provided in paragraph (1).
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 26-6 (Assistance to Promote Use of Digital Signatures)
(1) The State or the local governments may provide financial assistance in promoting the wide use of digital signatures.
(2) In order to secure the safety and reliability of electronic commerce, the Government may formulate and carry out policies to reduce, or to give exemption from, fees, etc. payable for electronic commerce if authorized digital signatures are used in electronic transactions.
(3) Where a corporation or organization related to digital signatures carries out a project to encourage the use of digital signatures, the Government may subsidize wholly or partially the expenses required for the execution of the project concerned within the limits of budget.
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 26-7 Deleted. (by Act nº 10008, Feb. 4, 2010)
CHAPTER VI.- SUPPLEMENTARY PROVISIONS
Article 27 (Protection of Subscribers and Users)
(1) The Government shall adopt such necessary measures as to deal with the complaints filled or damages suffered by subscribers and users in a prompt and fair manner.
(2) Detailed matters filled concerning measures as provided in paragraph (1) shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(Article Inserted by Act nº 6585, Dec. 31, 2001)
Article 27-2 (Reciprocal Recognition)
(1) The Government may enter into an agreement with a foreign government on the reciprocal recognition of digital signatures.
(2) In cases of the conclusion of an agreement under paragraph (1), it may form the basic contents of the agreement to grant a foreign certification authority or a certificate issued thereby the same legal status or effect as the licensed certification authority or the authorized certificate as provided in this Act. (Amended by Act nº 6585, Dec. 31, 2001)
(3) When an agreement on the reciprocal recognition of digital signatures has been concluded with a foreign government under paragraph (1), the Minister of Science, ICT and Future Planning shall give publicity to the contents of the agreement. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
(4) If an agreement has been concluded with a foreign government under paragraph (1), a foreign digital signature or certificate shall be deemed to have the same legal effect as an authorized digital signature or an authorized certificate. (Inserted by Act nº 6585, Dec. 31, 2001)
Article 28 (Imposition of Fees)
A licensed certification authority may impose necessary fees, such as service charges, on those who apply for the issuance of an authorized certificate or receive certification services. (Amended by Act nº 6585, Dec. 31, 2001)
Article 29 (Hearings)
The Minister of Science, ICT and Future Planning shall hold a hearing if he or she intends to revoke a designation in accordance with Article 12 (1). (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
Article 30 (Delegation of Authority)
Part of the authority held by the Minister of Science, ICT and Future Planning under this Act may be delegated to the head of a subordinate agency or entrusted to the President of the Korea Post, as prescribed by Presidential Decree. (Amended by Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
CHAPTER VII.- PENALTY PROVISIONS
Article 31 (Penalty Provisions)
Any 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: (Amended by Act nº 6585, Dec. 31, 2001)
1. A person who holds a subscriber’s digital signature creating key without receiving any request from the latter or who uses or discloses a subscriber’s digital signature creating key without the consent of the latter, who has asked the former to hold the said key, in violation of Article 21 (3);
2. A person who steals or discloses another person’s digital signature creating key in violation of Article 23 (1);
3. A person who has an authorized certificate issued in the name of another person or supports such issuance, in violation of Article 23 (2).
Article 32 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: (Amended by Act nº 7813, Dec. 30, 2005)
1. A person who fails to retain the subscriber’s certificates, etc. in violation of Article 22 (2);
2. Deleted; (by Act nº 7813, Dec. 30, 2005)
3. A person who uses an authorized certificate beyond the scope of its intended use or for a purpose other than its original purpose, in violation of Article 23 (4);
4. A person who transfers or rents an authorized certificate to other persons for the purpose of making them exercise authority related thereto, or who receives a transfer or rent of the other persons’ said certificate for the purpose of exercising authority related thereto, in violation of Article 23 (5).
(Article Amended by Act nº 6585, Dec. 31, 2001)
Article 33 (Joint Penalty Provisions)
If the representative of a juristic person, or an agent or employee of, or any other person employed, by a juristic person or an individual commits a violation under Article 31 or 32 with respect to the business affairs of the juristic person or individual, not only shall such offender be punished, but also the juristic person or individual shall be punished by a fine under the relevant Article: Provided, That this shall not apply where such juristic person or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
(Article Amended by Act nº 9208, Dec. 26, 2008)
Article 34 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: (Amended by Act nº 6585, Dec. 31, 2001; Act nº 7813, Dec. 30, 2005; Act nº 8852, Feb. 29, 2008; Act nº 11690, Mar. 23, 2013)
1. A person who fails to report, or report the modification of, the rules of certification work in violation of Article 6 (1) or (3) (including cases of application mutatis mutandis as referred to in Article 25 (2)) or who fails to implement an order to modify the rules of certification work as provided in paragraph (4) of the same Article (including cases of application mutatis mutandis as referred to in Article 25 (2));
2. A person who refuses to provide certification services without good cause, or unjustly discriminates against subscribers or users, in violation of Article 7 (including cases of application mutatis mutandis as referred to in Article 25 (2));
3. A person who fails to file a report under Article 9 (1);
4. A person who fails to notify his or her subscribers of, or to report thereon to the Minister of Science, ICT and Future Planning, the cessation of certification work as provided in Article 10 (1) or the closure thereof as provided in paragraph (2) of the same Article;
5. A person who fails to transfer the subscriber’s certificates, etc. to another licensed certification authority, or to report the impossibility of such a transfer, without good cause, in violation of Article 10 (3) or 12 (2);
6. A person who fails to submit the relevant documents and materials as referred to in Article 14 (1) or submits false records, or who refuses, obstructs, or evades an entrance and inspection by the relevant public officials;
7. A person who fails to give a notification as provided in Article 21 (4);
7-2. A person who fails to report on a failure that occurred in the information processing systems providing the certification work under the provisions of Article 22-3 (1);
8. A person who uses a similar mark that leads or may lead others to mistake an unauthorized certificate, etc. for an authorized certificate, or who falsely indicates the use of an authorized certificate, in violation of Article 23 (3);
9. A person who demands only the authorized certificate of a specific licensed certification authority in violation of Article 25-3;
10. A person who fails to buy an insurance in violation of Article 26 (2).
(2) The administrative fine as referred to in paragraph (1) shall be imposed and collected by the Minister of Science, ICT and Future Planning as prescribed by Presidential Decree. (Amended by Act nº 8852, Feb. 29, 2008; Actnº 11690, Mar. 23, 2013)
(3) through (5) Deleted. (by Act nº 14577, Mar. 14, 2017)
ADDENDUM
This Act shall enter into force on July 1, 1999.
ADDENDA (Act nº 6360, Jan. 16, 2001)
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 6 Omitted.
ADDENDA (Act nº 6585, Dec. 31, 2001)
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2002.
Article 2 (Transitional Measures concerning Liability)
The previous provisions shall apply to liability for any damage incurred by a licensed certification authority in the process of performing its certification work before this Act enters into force.
Article 3 (Transitional Measures concerning Application of Penalty Provisions)
The previous provisions shall prevail in the application of penalty provisions to an offence committed before this Act enters into force.
Article 4 Omitted.
ADDENDA (Act nº 7428, Mar. 31, 2005)
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA (Act nº 7813, Dec. 30, 2005)
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 4 (4) of the Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Application of Penalty Provisions) The previous provisions shall govern any application of penalty provisions for the acts committed before this Act enters into force.
ADDENDA (Act nº 8852, Feb. 29, 2008)
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM (Act nº 9208, Dec. 26, 2008)
This Act shall enter into force on the date of its promulgation.
ADDENDUM (Act nº 10008, Feb. 4, 2010)
This Act shall enter into force on the date of its promulgation.
ADDENDA (Act nº 10465, Mar. 29, 2011)
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA (Act nº 11690, Mar. 23, 2013)
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA (Act nº 12762, Oct. 15, 2014)
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Ground for Disqualification of Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 1 (a) of Article 5, the previous provisions shall apply to persons who have already been adjudged incompetent or quasi-incompetent and for whom the effect of adjudication of incompetence or quasi-incompetence is maintained under Article 2 of the Addenda to the Civil Act (Act nº 10429) at the time the same amended provisions enter into force.
ADDENDUM (Act nº 14577, Mar. 14, 2017)
This Act shall enter into force on the date of its promulgation.