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FRAMEWORK ACT ON INTELLIGENT INFORMATIZATION — 법갈피

영문법령 / FRAMEWORK ACT ON INTELLIGENT INFORMATIZATION

FRAMEWORK ACT ON INTELLIGENT INFORMATIZATION

법률일부개정시행 2025-01-31과학기술정보통신부 · 제20731호 · 공포 2025-01-31

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to realizing an intelligent information society, securing the national competitiveness, and improving the quality of life for citizens, by prescribing matters necessary to establish and promote policies related to intelligent informatization.

Article 2(Definitions) #

The definitions of the terms used in this Act are as follows:

1. The term "information" means all kinds of data or knowledge expressed in codes, letters, voice, sound, image, etc., which are processed by optical or electronic means;

2. The term "informatization" means making activities in all sectors of the society possible, or promoting the efficiency of such activities, by producing, distributing or utilizing information;

3. The term "information and communications" means collecting, processing, storing, retrieving, transmitting, receiving and utilizing information, and equipment, technology, services related thereto, and a series of other activities and means to facilitate informatization;

4. The term "intelligent information technology" means any of the following technologies or technology that converges and applies such technologies:

(a) Technology that electronically realizes learning, reasoning and decision-makings;

(b) Technology that electronically collects, analyzes and processes data (referring to all kinds of data or knowledge expressed in codes, letters, voice, sound, image, etc.);

(c) Technology that processes data between physical objects or between persons and physical objects, or makes the use, control and management of objects possible;

(d) Cloud computing technology defined in subparagraph 2 of Article 2 of the Act on the Development of Cloud Computing and Protection of Its Users;

(e) Wireless or wireless-wired combined technology for hyper-connected intelligent IT infrastructure;

(f) Other technology prescribed by Presidential Decree.

5. The term "intelligent informatization" means making activities in all sectors of the society possible, or making such activities efficient and advanced, by applying or converging intelligent information technology or other technologies based on the production, distribution and utilization of information;

Article 6(Establishment of Comprehensive Plans for Intelligent Information Society) #

(1) The Government shall establish a comprehensive plan for the intelligent information society (hereinafter referred to as "comprehensive plan") every three years in order to promote policies for the intelligent information society efficiently and systematically.

(2) The comprehensive plan shall be established by the Minister of Science and ICT after hearing the opinions of the heads of relevant central administrative agencies (including agencies under the jurisdiction of the President and agencies under the jurisdiction of the Prime Minister; hereinafter the same shall apply) and the heads of local governments, and confirmed after deliberation by the Strategic Committee for Information and Communications Technology established under Article 7 of the Special Act on Promotion of Information and Communications Technology and Vitalization of Convergence Thereof (hereinafter referred to as the "Strategic Committee"). The same shall also apply where the Minister of Science and ICT modifies the comprehensive plan.

(3) Where the Minister of Science and ICT requests the heads of relevant central administrative agencies and the heads of local governments to provide materials necessary to establish the comprehensive plan, the heads of such agencies and local government shall comply with the request, unless there is a compelling reason not to do so.

(4) Comprehensive plans shall include the following:

1. Basic direction-setting for policies for, and medium-to long-term direction-setting for the development of, the intelligent information society;

2. Intelligent informatization in each sector such as the public sector, private sector and region;

3. Support for developing science and technologies related to advancement of intelligent information technology and facilitating the use of intelligent information services;

4. Promoting intelligent informatization in all industries, fostering industries related to intelligent information technology, and creating an industrial ecosystem that encourages the emergence of new industries and new services by such means as reforming regulations and making an environment for fair competition;

5. Sharing and standardizing information, and establishing hyper-connected intelligent IC networks;

6. Reforming laws and systems related to the intelligent information society;

7. Education, campaigns, training of human resources and international cooperation related to intelligent informatization and the intelligent information society;

8. Creating sound information culture and establishing the ethics for the intelligent information society;

9. Protection of information, closing the digital divide, resolving adverse effects including matters concerning establishment of the master plans under Article 51, protection of users’ rights and interests, and protection of intellectual property rights;

10. Raising and managing financial resources necessary to promote the policy measures for realizing the intelligent information society and plans to secure human resources;

11. Other matters necessary to realize the intelligent information society.

(5) The heads of central administrative agencies and the heads of local governments shall take into consideration, with priority, the matters provided in the subparagraphs of paragraph (4) when establishing and executing major policies which fall within their jurisdiction.

(6) The Minister of Science and ICT shall inspect and analyze the performance of major policy measures provided in the comprehensive plan each year, and shall report the result thereof to the Strategic Committee.

Article 7(Establishment of Action Plans for Intelligent Information Society) #

(1) The heads of central administrative agencies and the heads of local governments shall establish and implement an action plan for the intelligent informatization society (hereinafter referred to as "action plan") each year in accordance with the comprehensive plan.

(2) The heads of central administrative agencies and the heads of local governments shall submit a performance report on the action plan for the previous year and an action plan for the following year to the Minister of Science and ICT and the Minister of the Interior and Safety. In such cases, the Minister of the Interior and Safety shall integrate the performance reports on the action plans for the previous year and the action plans for the following year of local governments and submit them to the Minister of Science and ICT.

(3) To modify important matters prescribed by Presidential Decree in the action plan submitted under paragraph (2), the head of the relevant central administrative agency and the head of the relevant local government shall submit the details thereof to the Minister of Science and ICT.

(4) The Minister of Science and ICT and the Minister of the Interior and Safety shall jointly inspect and analyze the performance reports and action plans submitted under paragraph (2) and the action plans submitted under paragraph (3), and the Minister of Science and ICT shall integrate the results of the inspection and analysis by the Minister of the Interior and Safety and present his or her opinion thereon to the Minister of Economy and Finance.

(5) The Minister of Economy and Finance shall consider the opinion of the Minister of Science and ICT presented under paragraph (4) when planning the budget necessary for the action plans.

(6) The Minister of Science and ICT may devise a plan for preventing redundant investments in intelligent informatization projects implemented by national agencies and similar entities in consultation with the heads of relevant central administrative agencies; provided, projects that require prior consultation under Article 67 of the Electronic Government Act are excluded herefrom.

(7) Matters necessary concerning the establishment and implementation of the action plans shall be prescribed by Presidential Decree.

Article 11(Reflection of Intelligent Informatization Plans) #

(1) The head of a central administrative agency or the head of a local government that intends to perform an infrastructure project defined in Article 2 of the Act on Public-Private Partnerships in Infrastructure or a regional development project defined in Article 2 of the Regional Development Assistance Act, which involves an intelligent informatization project, shall establish an intelligent informatization plan that contains the utilization of intelligent information technology; integrated use of hyper-connected intelligent IC infrastructure and intelligent information services and other relevant matters, and shall reflect the intelligent informatization plan in establishing and implementing the plan for the relevant project; provided, the same shall not apply to any project that uses intelligent information technology modestly and meets the criteria prescribed by Presidential Decree in terms of the characteristics and scale of the intelligent informatization project and other factor.

(2) To establish an intelligent informatization plan under paragraph (1), the head of a central administrative agency or the head of a local government shall review the following matters and submit findings thereof to the Minister of Science and ICT. In such cases, the Minister of Science and ICT may present his or her opinions after reviewing such findings, and the head of the central administrative agency or the head of the local government notified of the opinions shall follow them in the absence of good cause:

1. Whether the plan overlaps with the information system defined in subparagraph 13 of Article 2 of the Electronic Government Act (hereinafter referred to as "information system") that has already been established in the central administrative agency or local government or any other administrative agency;

2. Whether the integrated use or sharing of the information system that is already established in the central administrative agency or local government or any other administrative agency, is possible.

(3) Where the head of a central administrative agency or the head of a local government determines that the integrated use or sharing of the information system already established in any other administrative agency is necessary, based on the findings of review under paragraph (2), he or she may consult with the Minister of Science and ICT to prevent any redundant investment.

(4) The Minister of Science and ICT may provide necessary support, such as technology and human resources, for the heads of central administrative agencies and the heads of local governments so that they can effectively establish intelligent informatization plans under paragraph (1), or may develop and publicly notify guidelines for the establishment and implementation of intelligent informatization plans.

(5) The heads of central administrative agencies and the heads of local governments may operate a specialized project management support system composed of relevant experts in order to appropriately reflect and implement the intelligent informatization plans.

Article 12(Establishment of National Information Society Agency) #

(1) The Minister of Science and ICT and the Minister of the Interior and Safety shall establish the National Information Society Agency (hereinafter referred to as the "Information Society Agency") to support the development of policies related to the intelligent information society, and national agencies and similar entities in promoting their policies for the intelligent information society and intelligent informatization projects.

(2) The Information Society Agency shall be a corporation.

(3) The Information Society Agency shall perform the following functions:

1. To provide specialized technical support necessary to establish and implement the comprehensive plans, action plans and sectoral promotion plans under Article 13;

2. To support the establishment of policy measures to disseminate intelligent information technology, and to provide specialized technical support for national agencies and similar entities in respect of facilitating the utilization of intelligent information technology;

3. To provide specialized technical support for building and operating the hyper-connected intelligent IC infrastructure;

4. To support national agencies and similar entities in managing and operating hyper-connected intelligent IC networks and their intelligent informatization;

5. To support the establishment of data-related policy measures, and to provide support necessary to encourage the production, management and distribution of data, including pilot projects and specialized technical support;

6. To provide support and to conduct research for resolving adverse effects of the intelligent information society, including closing the digital divide and preventing and solving overdependence on intelligent information services;

7. Support and research necessary to establish the ethics for the intelligent information society and to create information culture;

8. To support national agencies and similar entities in promoting and evaluating intelligent information projects;

9. To conduct trend analyses, future forecasts and legal and institutional surveys and research to realize the intelligent information society and to support the development of related policies;

10. To raise public awareness through education, campaigns and consulting on intelligent informatization and the intelligent information society, to train human resources, and international cooperation;

11. Other functions prescribed as the functions of the Information Society Agency, or functions entrusted to the Information Society Agency under other statutes or regulations;

12. Other functions entrusted by national agencies and similar entities.

(4) National agencies and similar entities may make contributions to the Information Society Agency to cover the expenses incurred in relation to its establishment, facilities and operation, and promotion of its projects, and the Government may gratuitously lend the Information Society Agency state-owned property necessary for its establishment, operation, etc.

(5) The Information Society Agency may have national agencies and similar entities that intend to receive support from the Agency bear the whole or part of the expenses incurred in relation to such support.

(6) The provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to the Information Society Agency, except as provided in this Act and the Act on the Management of Public Institutions.

(7) No person other than the Information Society Agency shall use "National Information Society Agency" or any similar words in its title.

(8) Except as provided in paragraphs (1) through (7), matters necessary to establish and operate the Information Society Agency shall be prescribed by Presidential Decree.

Article 23(Training of Professional Human Resources) #

(1) The Minister of Science and ICT shall establish and promote the following policy measures necessary to train professional human resources for the development of intelligent information technology and intelligent information services:

1. Identifying the actual demand for professional human resources and medium-to long-term demand-supply forecasting;

2. Establishing or supporting training institutions for professional human resources;

3. Supporting the development and distribution of training and education programs for professional human resources;

4. Supporting schools of various levels and other educational institutions in providing education about intelligent information technology and intelligent information services;

5. Other matters necessary to train professional human resources.

(2) To train professional human resources under paragraph (1), the Minister of Science and ICT may designate schools, etc. referred to in Article 2 of the Higher Education Act as training institutions for professional human resources to provide education and training, and may subsidize such institutions within the budget to cover necessary costs.

(3) Where any of the following is applicable to a training institution for professional human resources designated under paragraph (2), the Minister of Science and ICT may revoke the designation of such institution; provided, the Minister of Science and ICT shall revoke the designation of such institution in the case of subparagraph 1:

1. Where it has obtained a designation as a training institution for professional human resources by fraud or other improper means;

2. Where it fails to comply with the requirements for designation under paragraph (4);

3. Where it fails to provide training or education for at least one year from the date it is designated as a training institution for professional human resources without good cause.

(4) Establishment of the policy measures and details of support under paragraph (1), the requirements and procedures for designation of training institutions for professional human resources under paragraph (2), the procedures for revoking designations under paragraph (3), and other necessary matters shall be prescribed by Presidential Decree.

Article 24(Permission for School Officials or Researchers to Take Leave of Absence) #

(1) Any of the following persons (hereinafter referred to as "school official or researcher") may take a leave of absence to work for companies that provide or utilize intelligent information services (hereinafter referred to as "company specializing in intelligent information services"), notwithstanding Article 44 (1) of the Educational Officials Act, Article 71 (2) of the State Public Officials Act, Article 63 (2) of the Local Public Officials, and Article 59 (1) of the Act Private School Act:

1. Faculty members (including researchers at university-affiliated research institutes; hereinafter the same shall apply) of colleges and universities under the Higher Education Act (including industrial colleges and junior colleges);

2. Researchers at national or public research institutes;

3. Researches at research institutes provided in Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

4. Researches at research institutes provided in Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

5. Researchers at research institutes provided in Article 2 of the Specific Research Institutes Support Act.

(2) A leave of absence under paragraph (1) shall not exceed three years, but it may be extended for up to three years if the head of an institute to which a school official or researcher belongs determines to be necessary. In such cases, a leave of absence for a university faculty member may exceed the remaining term of his or her appointment, notwithstanding Article 45 (2) of the Educational Officials Act.

(3) Where school officials or researchers take a leave of absence for more than six months under paragraph (1), the prescribed number for faculty members or researchers that equals to the number of the school officials or researchers who take a leave of absence is deemed to exist in the institution to which such school officials or researchers belong.

(4) Where a school official or researcher returns to his or her original position after having taken a leave of absence under paragraph (1), the head of the institution to which the school official or researcher belongs shall not take any unfavorable action against such school official or researcher in terms of his or her position or pay by reason of the leave of absence.

Article 44(Creation and Spread of Information Culture) #

(1) National agencies and similar entities shall endeavor to achieve the following in order to create and spread free and open information culture that respects the dignity and value of humans:

1. To universally enjoy benefits created by realizing the intelligent information society;

2. To establish ethics for the intelligent information society;

3. To protect the confidentiality and freedom of privacy and personal information;

4. To close the digital divide caused by intelligent informatization;

5. To prevent and solve overdependence on intelligent information services;

6. To protect the rights and interests of users of intelligent information technology and intelligent information services.

(2) Central administrative agencies and local governments shall establish and implement a plan for the following matters for such purposes as creating and spreading sound information culture and raising citizens’ understanding of the intelligent information society:

1. Education about information culture and training of related human resources;

2. Campaigns to create information culture;

3. Developing and distributing education content on information culture;

4. Supporting for organizations engaging in business or activities to create information culture;

5. Matters concerning creating a foundation for, and improving the system for, enjoying information culture and facilitating the exchanges of information culture;

6. Other matters necessary to create information culture.

(3) The Minister of Science and ICT shall endeavor to ensure that educational content on information culture is included in the standards for and content of curriculum determined under Article 13 of the Early Childhood Education Act and Article 23 of the Elementary and Secondary Education Act in consultation with the National Education Commission. <Amended on Jul. 20, 2021>

(4) The Government shall designate and operate the Month of Information Culture, as prescribed by Presidential Decree, for such purposes as creating and spreading sound information culture and raising citizens’ understanding of the intelligent information society.

Article 54(Education about Overdependence on Intelligent Information Services) #

(1) National agencies and local governments may conduct education necessary for preventing and solving overdependence on intelligent information services.

(2) The heads of the following institutions shall conduct education for preventing and solving overdependence on intelligent information services as specified in the each subparagraph, and shall submit the results thereof to the Minister of Science and ICT; provided, the heads of the institutions referred to in subparagraphs 2 and 3 may publish the results under the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions in lieu of submission of the results:

1. Child care centers defined in subparagraph 3 of Article 2 of the Child Care Act: At least once a year;

2. Kindergartens defined in subparagraph 2 of Article 2 of the Early Childhood Education Act: At least once a year;

3. Schools referred to in the subparagraphs of Article 2 of the Elementary and Secondary Education Act: At least once every six months;

4. Schools referred to in the subparagraphs of Article 2 of the Higher Education Act: At least once a year;

5. Other public institutions prescribed by Presidential Decree: At least once a year.

(3) The Minister of Science and ICT shall annually inspect the results of education conducted under paragraph (2).

(4) Where the Minister of Science and ICT determines that an institution has provided poor education upon inspecting the results of education under paragraph (3), the Minister shall take necessary measures, such as providing special education for its manager, as prescribed by Presidential Decree.

(5) National agencies and local governments may provide financial or administrative support necessary for education under paragraph (2).

(6) Matters necessary in respect of the details and methods of education and submission of the results of education under paragraphs (1) and (2), inspections under paragraph (3), etc. shall be prescribed by Presidential Decree.

FRAMEWORK ACT ON INTELLIGENT INFORMATIZATION

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic Principles of Intelligent Information Society) #

Article 4(Responsibilities of the State and Local Governments) #

Article 5(Relationship to Other Statutes) #

Article 6(Establishment of Comprehensive Plans for Intelligent Information Society) #

Article 7(Establishment of Action Plans for Intelligent Information Society) #

Article 8(Intelligent Informatization Officers) #

Article 9(Consultative Council of Intelligent Informatization Officers) #

Article 10(Adjustment of Intelligent Informatization Policies) #

Article 11(Reflection of Intelligent Informatization Plans) #

Article 12(Establishment of National Information Society Agency) #

Article 13(Establishment of Sectoral Promotion Plans) #

Article 14(Promotion of Intelligent Informatization of Public Sector) #

Article 15(Promotion of Regional Intelligent Informatization) #

Article 16(Support for Intelligent Informatization by Private Sector) #

Article 17(Cooperation with Private Organizations) #

Article 18(Expansion of Intelligent Informatization to Private Sector) #

Article 19(Protection of Intellectual Property and Intellectual Property Rights) #

Article 20(Development of Intelligent Information Technology) #

Article 21(Technical Standards) #

Article 22(Standardization of Intelligent Information Technology) #

Article 23(Training of Professional Human Resources) #

Article 24(Permission for School Officials or Researchers to Take Leave of Absence) #

Article 25(Special Cases concerning Dual Office Holding by School Officials or Researchers) #

Article 26(Support for Practicalizing and Commercializing Technological Development) #

Article 27(Management and Distribution of Intellectual Property Rights Related to Intelligent Information Technology) #

Article 28(Support for Small and Medium Enterprises) #

Article 29(Improvement of Distribution Structure and Facilitation of Supply) #

Article 30(Facilitating Use of Intelligent Information Services) #

Article 31(Regulatory Reform) #

Article 32(Promotion of and Support for Leading Projects) #

Article 33(Designation of Hub Districts for Leading Projects) #

Article 34(Establishment of Policy Measures for Hyper-Connected Intelligent IC Infrastructure) #

Article 35(Management of National Intelligence Network) #

Article 36(Building and Management of Hyper-Connected Intelligent Research and Development Network) #

Article 37(Cooperation for Expanding Hyper-Connected Intelligent IC Networks) #

Article 38(Interconnection of Hyper-Connected Intelligent IC Networks) #

Article 39(Designation and Operation of Responsible Institution) #

Article 40(Facilitating Building and Operation of Data Centers) #

Article 41(Use of Internet Address Resources) #

Article 42(Establishment of Data-Related Policy Measures) #

Article 43(Distribution and Utilization of Data) #

Article 44(Creation and Spread of Information Culture) #

Article 45(Establishment of Policy Measures for Closing Digital Divide) #

Article 46 #

Article 46-2 #

Article 47 #

Article 48 #

Article 49 #

Article 50(Conducting Education to Close Digital Divide) #

Article 51(Establishment of Plans for Preventing and Solving Overdependence on Intelligent Information Services) #

Article 52(Response Centers to Overdependence on Intelligent Information Services) #

Article 53(Training of Experts in Overdependence on Intelligent Information Services) #

Article 54(Education about Overdependence on Intelligent Information Services) #

Article 55(Response to Changes in Jobs and Labor Environment) #

Article 56(Social Impact Assessments of Intelligent Information Services) #

Article 57(Establishment of Policy Measures on Protection of Information) #

Article 58(Public Notice of Standards for Information Protection Systems) #

Article 59(Safety of Hyper-Connected Intelligent IC Infrastructure) #

Article 60(Safety Protection Measures) #

Article 61(Privacy by Design) #

Article 62(Ethics for Intelligent Information Society) #

Article 63(Protection of Users’ Rights and Interests) #

Article 64(Raising Financial Resources) #

Article 65(International Cooperation) #

Article 66(Indicator Surveys) #

Article 67(Annual Reporting) #

Article 68(Requests for Submission of Materials) #

Article 69(Delegation and Entrustment of Authority) #

Article 70(Administrative fines) #