Article 1(Purpose) #
The purpose of this Act is to contribute to the strengthening of international competitiveness of domestic industries by facilitating research on and development of industrial design, and supporting the business of promoting activities for industrial design.
[This Article Wholly Amended on May 21, 2009]
Article 2(Definition) #
The term "industrial design" used in this Act means any act of creation and improvement (including any act of technical development for creation and improvement) to satisfy physical and psychological needs of producers and consumers by optimizing the aesthetic, functional, and economic values of products, services, etc. and the output thereof, and includes product design, packaging design, environmental design, visual design, service design, etc. <Amended on Dec. 30, 2014>
[This Article Wholly Amended on May 21, 2009]
Article 3(Establishment of comprehensive plans for industrial design promotion) #
(1) The Minister of Trade, Industry and Resources shall establish a five-year comprehensive plan to facilitate the development and promotion of industrial design (hereinafter referred to as "comprehensive plan for industrial design promotion") and publicly announce it. The same shall apply where he or she intends to amend the comprehensive plan for industrial design promotion. <Amended on Mar. 23, 2013; Feb. 6, 2024; Oct. 1, 2025>
(2) A comprehensive plan for the promotion of industrial design shall include the following matters: <Amended on Feb. 6, 2024>
1. The direction of basic policies for the facilitation of the development of industrial design and promotion thereof;
2. Matters related to the objectives of, and targets for facilitating the development of, and promoting, industrial design, and methods for implementation thereof;
3. Matters related to the establishment of infrastructure, etc. necessary for the facilitation of the development of industrial design and promotion thereof;
4. Matters related to the establishment and improvement of systems necessary for the facilitation of the development of industrial design and promotion thereof;
5. Matters related to financial support necessary for the facilitation of the development of industrial design and promotion thereof;
6. Matters related to the facilitation of the regional development of industrial design and promotion thereof;
7. Other matters related to the facilitation of the development of industrial design and promotion thereof.
[This Article Wholly Amended on May 21, 2009]
Article 4(Performance of research and promotion projects) #
(1) The Minister of Trade, Industry and Resources may perform research and promotion projects related to industrial design in order to efficiently implement the comprehensive plan for industrial design promotion. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) The following organizations, etc. may participate in research and promotion projects referred to in paragraph (1), as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Oct. 1, 2025>
1. Specialized industrial design firms referred to in Article 9;
2. The Korea Institute of Design Promotion established under Article 11;
3. Institutes affiliated to private firms in the field of industrial design which are designated by the Minister of Trade, Industry and Resources;
4. Universities, colleges, industrial colleges, junior colleges, and technical colleges established under the Higher Education Act;
5. National or public research institutes;
6. Other institutions or entities prescribed by Presidential Decree.
(3) Pursuant to Articles 11(2) and 19(2) of the Industrial Technology Innovation Promotion Act, the Minister of Trade, Industry and Resources may fully or partially contribute, within the budget, the fund required for implementing research and promotion projects prescribed in paragraph (2) to the organizations which participate in said projects. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(4) Matters necessary for the payment, use, and management of contributions under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
Article 5(Projectsfor promotion and development of industrial design) #
(1) The Government may perform the following projects in order to enhance national competitiveness relating to industrial design:
1. Granting awards and providing support to enterprises or individuals that contribute to the enhancement of industrial competitiveness by developing, etc. industrial design;
2. Promoting and supporting exemplary brands by developing industrial design;
3. Providing other support for the enhancement of industrial competitiveness by developing, etc. industrial design.
(2) The Minister of Trade, Industry and Resources may perform the following projects in order to develop good industrial design: <Amended on Mar. 23, 2013; Dec. 30, 2014; Oct. 1, 2025>
1. Hosting and supporting industrial design exhibitions;
2. Selecting and supporting venture enterprises in the field of industrial design or other enterprises with excellent technology;
3. Establishing and supporting an industrial design information system;
4. Projects to support and facilitate the trade of industrial design;
5. Projects to commercialize industrial designs already developed and to support business incubation;
6. Other projects prescribed by Presidential Decree as necessary to promote and develop industrial design.
(3) The details of projects, scope of, and procedures for supporting such projects under paragraphs (1) and (2), and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
Article 5-2(Formulation and dissemination of standard form of contract) #
(1) The Minister of Trade, Industry and Resources may prepare a standard form of contract applicable to industrial design services, in consultation with the Fair Trade Commission, and recommend that relevant business entities and trade associations use such standard form of contract. <Amended on Oct. 1, 2025>
(2) The Minister of Trade, Industry and Resources shall hear opinions of interested parties, such as relevant trade associations, and experts where he or she intends to formulate or amend the standard form of contract under paragraph (1). <Amended on Oct. 1, 2025>
[This Article Added on Dec. 22, 2015]
Article 6(Selection of good industrial design products) #
(1) The Minister of Trade, Industry and Resources may take necessary measures, such as selecting well-designed products (hereinafter referred to as "good industrial design product") to facilitate the development of good industrial design. <Amended on May 21, 2009; Mar. 23, 2013; Oct. 1, 2025>
(2) The Minister of Trade, Industry and Resources may award a prize to a good industrial design product selected under paragraph (1), if deemed necessary. <Amended on May 21, 2009; Mar. 23, 2013; Oct. 1, 2025>
(3) Deleted. <Feb. 5, 1999>
(4) The Minister of Trade, Industry and Resources may allow a good industrial design product selected under paragraph (1) to bear a mark indicating that the product is recognized as a good industrial design product (hereinafter referred to as "good industrial design mark") for sale. <Amended on May 21, 2009; Mar. 23, 2013; Oct. 1, 2025>
(5) Deleted. <Feb. 30, 2014>
(6) The criteria and methods for selecting good industrial design products, and methods for awarding the prize and providing support under paragraphs (1) and (2), the criteria for the use of the good industrial design mark under paragraph (4), and other necessary matters, shall be prescribed by Presidential Decree. <Amended on May 21, 2009; Dec. 30, 2014>
[Title Amended on May 21, 2009]
Article 7 #
Deleted. <Dec. 30, 2014>
Article 8(Training of specialized human resources) #
(1) The State, the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") shall endeavor to train human resources specializing in industrial design. <Amended on May 20, 2014>
(2) The Government shall encourage collaboration between universities and industries in relation to industrial design, and retraining of the human resources to enhance their capacity.
(3) The Minister of Trade, Industry and Resources, the Special Metropolitan City Mayor, a Metropolitan City Mayor, Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") may conduct a survey on the actual status of human resources specializing in design, and may develop improvement measures concerning the supply of and demand for specialized human resources, if deemed necessary. <Amended on Mar. 23, 2013; May 20, 2014; Oct. 1, 2025>
[This Article Wholly Amended on May 21, 2009]
Article 9(Support for specialized industrial design firms) #
(1) The Government may provide a firm specializing in development, surveys, analyses, consultation, etc. concerning industrial design (hereinafter referred to as "specialized industrial design firm") which meets the standards set forth by Decree of the Ministry of Trade, Industry and Resources with the following support: <Amended on Mar. 23, 2013; Oct. 1, 2025>
1. Providing the outcome of research, and guiding the up-to-date development methods;
2. Establishing and operating business incubation facilities to support the establishment of specialized industrial design firms;
3. Sharing expensive equipment;
4. Other matters prescribed by Presidential Decree as necessary to promote industrial design.
(2) A specialized industrial design firm which intends to obtain support under paragraph (1) shall file a report to the Minister of Trade, Industry and Resources, as prescribed by Decree of the Ministry of Trade, Industry and Resources. The same shall also apply where it intends to modify any reported matters. <Amended on Mar. 23, 2013; Nov. 15, 2022; Oct. 1, 2025>
(3) The Minister of Trade, Industry and Resources shall notify a reporting person of whether his or her report is accepted within 14 days from the date of receiving a report or a report on modification under paragraph (2). <Added on Nov. 15, 2022; Oct. 1, 2025>
(4) If the Minister of Trade, Industry and Resources fails to notify a reporting person of whether the report is accepted or the extension of the processing period under the statutes or regulations related to the processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted on the day immediately following the day on which the processing period expires (where the processing period is extended or re-extended under the statutes or regulations related to the processing of civil petitions, referring to the relevant processing period). <Added on Nov. 15, 2022; Oct. 1, 2025>
(5) The Minister of Trade, Industry and Resources may delegate the duties of processing reports or reports on modifications submitted under paragraph (2) to a Mayor/Do Governor, or may entrust such duties to the Korea Institute of Design Promotion established under Article 11, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 15, 2022; Oct. 1, 2025>
[This Article Wholly Amended on May 21, 2009]
Article 9-2(Price standard for development of industrial design) #
(1) In entering into a contract for development of industrial design, the State, a local government, and a public institution referred to in Article 4 of the Act on the Management of Public Institutions (hereafter referred to as "State agency, etc." in this Article) shall endeavor to pay an appropriate price to ensure the quality of the industrial design to be developed.
(2) In order to help the head of a State agency, etc. to pay an appropriate price under paragraph (1), the Minister of Trade, Industry and Resources shall provide the State agency, etc. with matters necessary for computing the price standard, such as the conditions for performing the development of industrial design, and unit wages. <Amended on Oct. 1, 2025>
(3) In order to comprehensively manage information on the computation of price standard under paragraph (2), the Minister of Trade, Industry and Resources may request the head of a State agency, etc. to submit necessary data. In such cases, the heads of a State agency, etc. shall cooperate with such request unless there is a compelling reason not to do so. <Amended on Oct. 1, 2025>
(4) In entering into a contract for a project requiring development of industrial design, such as manufacturing and installing a facility, the head of a State agency, etc. may separately compute and appropriate a price for the development of industrial design.
(5) In order to efficiently perform the affairs prescribed in paragraph (2), the Minister of Trade, Industry and Resources may designate a specialized agency and entrust it with such affairs. <Amended on Oct. 1, 2025>
[This Article Added on Dec. 30, 2014]
Article 10(Protection of industrial design) #
(1) The State or a City/Do shall endeavor to protect industrial design in order to facilitate the development thereof and prevent it from being imitated.
(2) Where deemed necessary to protect industrial design, the Minister of Trade, Industry and Resources or a Mayor/Do Governor may request the heads of relevant administrative agencies to cooperate in improving relevant institutions, streamlining operation, and other respects. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on May 21, 2009]
Article 10-2(Surveys to compile statistics on industrial design) #
(1) The Minister of Trade, Industry and Resources or a Mayor/Do Governor may conduct surveys to compile statistics on domestic and overseas industrial design in order to effectively establish and implement a comprehensive plan for industrial design promotion. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) Matters necessary for compiling and managing the statistics on industrial design shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
Article 10-3(Establishment of Dispute Mediation Committee) #
(1) A Design Dispute Mediation Committee (hereinafter referred to as the "Mediation Committee") shall be established to mediate disputes arising in connection with industrial design; provided, Article 41 of the Invention Promotion Act shall apply to disputes arising in connection with industrial property rights.
(2) The Mediation Committee shall be comprised of up to 20 members, including one chairperson, and members shall be commissioned by the Minister of Trade, Industry and Resources, from among the following persons: <Amended on Oct. 1, 2025>
1. At least an associate professor in the Department of Law or any Department related to design at a university established under the Higher Education Act;
2. A person qualified as a judge, public prosecutor, or attorney-at-law;
3. A person qualified as a patent attorney or certified public accountant;
4. A person with substantial knowledge and experience in the field of design.
(3) The mediation of a dispute shall commence at the request of one party or both parties to the dispute, and the Mediation Committee shall prepare a proposal for mediation within three months from the date on which a request for mediation is made.
(4) The Mediation Committee may refuse or suspend mediation in any of the following circumstances. In such cases, it shall notify the claimant of grounds for the refusal or suspension of mediation:
1. Where one party to a dispute refuses mediation;
2. Where one party to a dispute files a lawsuit in court;
3. Where the Mediation Committee deems it inappropriate to mediate a dispute by reason of the nature of the dispute, or deems that a request for the mediation of a dispute has been made for unlawful purpose.
(5) The Mediation Committee shall present a proposal for mediation prepared pursuant to paragraph (3) to each party to a dispute without delay, and agreement is reached through mediation where each party to the dispute agrees to such proposal for mediation within 15 days. Agreement reached through mediation shall have the same effect as a judicial compromise.
(6) The Mediation Committee may require the claimant to bear expenses incurred in mediation, as prescribed by Presidential Decree; provided, where agreement is reached through mediation, the Mediation Committee may require the parties to the dispute to apportion expenses incurred in mediation between them based on such agreement.
Article 11(Establishment of the Korea Institute of Design Promotion) #
(1) The Korea Institute of Design Promotion (hereinafter referred to as the "Institute") shall be established to efficiently and systematically perform the activities aimed at facilitating the development and promotion of industrial design.
(2) The Institute shall take the form of a juristic person.
(3) The Institute may establish a branch office or other offices in necessary places in Korea and abroad, as prescribed by its articles of association.
(4) The Institute shall perform the following projects:
1. Projects to support development;
2. Exhibition projects;
3. Publication and public relations projects;
4. Informatization projects;
5. Education and training projects;
6. Projects to promote industrial design in local areas;
7. International exchange and cooperation projects;
8. Projects commissioned by the Government;
9. Other projects prescribed by Presidential Decree.
(5) The Institute may engage in profit-making business, as prescribed by Presidential Decree, in order to raise expenses required to achieve the objectives under paragraph (1).
(6) The provisions concerning an incorporated foundation in the Civil Act shall apply mutatis mutandis to cases concerning the Institute unless otherwise provided for in this Act and the Act on the Management of Public Institutions.
(7) No person, other than the Institute, shall use the name "Korea Institute of Design Promotion" or any other name similar thereto. <Added on Feb. 6, 2024>
[This Article Wholly Amended on May 21, 2009]
Article 11-2(Establishment of regional design centers) #
(1) In order to conduct regional design specialization projects, promotion projects, projects to build infrastructure for regional design, etc. (referred to as "regional design projects" hereafter in this Article), a Mayor/Do Governor may establish a regional design center either jointly or separately with the neighboring Mayor/Do Governor, through consultation with the Minister of Trade, Industry and Resources. <Amended on Oct. 1, 2025>
(2) Each regional design center shall be a corporation, and shall be duly formed upon completing the registration for its incorporation at the registry office having jurisdiction over its principal place of business.
(3) The State, the head of each local government, and the head of each public institution referred to in Article 4 of the Act on the Management of Public Institutions may, either jointly or separately, outsource regional design projects to any regional design center or require any regional design center to conduct such regional design project on their behalf.
(4) The establishment and management of regional design centers and other relevant matters, shall be prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Oct. 1, 2025>
[This Article Added on Dec. 22, 2015]
Article 12(Subsidization of expenses of institute) #
The Government may, within budgetary limits, contribute to or subsidize all or part of the expenses required to operate the Institute.
[This Article Wholly Amended on May 21, 2009]
Article 13(Request for provision of data or materials) #
(1) The Institute may request the State, local governments, public organizations, public institutions under the Act on the Management of Public Institutions, research institutes, or educational institutes to collect and provide the data or materials necessary to perform its projects.
(2) The Institute may request local governments to cooperate in performing projects to promote industrial design in the local areas.
(3) A person who receives the request to collect and provide data or materials pursuant to paragraphs (1) and (2) shall cooperate with such request, unless there is a compelling reason not to do so.
[This Article Wholly Amended on May 21, 2009]
Article 14(Submission of business plans) #
(1) The Institute shall submit a business plan and a budget plan to the Minister of Trade, Industry and Resources by no later than the commencement date of each fiscal year, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) The Institute shall prepare annual statements of account and submit said statements to the Minister of Trade, Industry and Resources by no later than the end of February in the following business year, and shall confirm the settlement of accounts upon obtaining his or her approval by the end of March. <Amended on Mar. 23, 2013; May 20, 2014; Oct. 1, 2025>
[This Article Wholly Amended on May 21, 2009]
Article 15(Reporting and inspections) #
(1) If deemed necessary for implementing this Act, the Minister of Trade, Industry and Resources may order the Institute to submit a report on the status of its business operation, or require subordinate public officials to visit the Institute to inspect the account books, documents, and other materials. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) A public official who conducts an inspection under paragraph (1) shall carry a certificate indicating his or her authority and present it to interested persons.
[This Article Wholly Amended on May 21, 2009]
Article 16(Duty of confidentiality) #
No current or former executive officer or employee of the Institute shall disclose or steal any confidential information he or she has learned in the course of performing his or her duties. <Amended on Dec. 22, 2015>
[This Article Wholly Amended on May 21, 2009]
Article 17(Legal fiction as public officials in application of penalty provisions) #
A member of the Mediation Committee who is not a public official shall be deemed to be a public official in applying Articles 127, and 129 through 132 of the Criminal Act.
[This Article Added on Dec. 31, 2018>
Article 18 #
Deleted. <Feb. 5, 1999>
Article 19(Penalty provisions) #
Any person who violates Article 16 shall be punished by imprisonment with labor for not more than one year, or by a fine not more than 10 million won. <Amended on Jan. 14, 2014; Dec. 30, 2014>
[This Article Wholly Amended on May 21, 2009]
Article 20 #
Deleted. <Feb. 5, 1999>
Article 21(Administrative fines) #
(1) Any person who uses the name "Korea Institute of Design Promotion" or any other name similar thereto, in violation of Article 11(7), shall be subject to an administrative fine not exceeding one million won.
(2) The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Trade, Industry and Resources as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on Feb. 6, 2024]