ACT ON DEVELOPMENT OF E-LEARNING INDUSTRY AND PROMOTION OF UTILIZATION OF E-LEARNING

Article 1(Purpose) #

The purpose of this Act is to improve the quality of life and education of citizens and to contribute to the sound development of the national economy through activation of the e-learning industry by providing for matters necessary for developing the e-learning industry and promoting the utilization of e-learning. <Amended on Jun. 10, 2022>

[This Article Wholly Amended on Jul. 25, 2011]

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jun. 10, 2022>

1. The term "e-learning" means learning provided by utilizing technologies related to electronic means, information and communications, radio waves, broadcasting, artificial intelligence, virtual reality, and augmented reality;

2. The term "e-learning contents" means information or data related to e-learning, such as codes, characters, figures, colors, voice, sounds, images and pictures which have been processed by electronic means;

3. The term "e-learning industry" means the following business:

a. Researching, developing, producing, modifying, storing, exhibiting or distributing e-learning contents and e-learning contents operating software;

b. Service business related to the use and evaluation of and counseling about e-learning;

c. Other business prescribed by Presidential Decree as necessary for carrying out e-learning;

4. The term "e-learning business operator" means a person prescribed by Presidential Decree, who is engaged in economic activities related to the e-learning industry;

5. The term "freely available information" means the work not protected as prescribed in Article 7 of the Copyright Act or the work, the protection period of which has expired as prescribed in Articles 39 through 42 of the same Act;

6. The term "public information" means documents, drawings, photographs, films, tapes and slides managed by public institutions which have prepared or acquired in the course of performing their duties, or matters recorded in a medium, etc. processed by a computer;

7. The term "educational institutions" means kindergartens defined in subparagraph 2 of Article 2 of the Early Childhood Education Act, schools defined in Article 2 of the Elementary and Secondary Education Act, schools defined in Article 2 of the Higher Education Act and lifelong educational institutions defined in subparagraph 2 of Article 2 of the Lifelong Education Act;

8. The term "public institutions" means the State, local governments, public institutions defined in Article 4 of the Act on the Management of Public Institutions, and other institutions prescribed by Presidential Decree.

[This Article Wholly Amended on Jul. 25, 2011]

Article 3(Prohibiting discrimination against e-learning) #

(1) The Government shall not discriminate against e-learning, on the ground that e-learning is different from other types of learning.

(2) The Government shall take into account characteristics and types of e-learning to develop the e-learning industry and to promote the utilization of e-learning.

[This Article Wholly Amended on Jul. 25, 2011]

Article 4(Relationship with other Acts) #

Except as otherwise provided for by other Acts, the establishment of a foundation for and support of the e-learning industry and the promotion, etc. of utilization of e-learning shall be governed by this Act.

[This Article Wholly Amended on Jul. 25, 2011]

Article 5(Responsibilities of the State) #

(1) The State shall formulate policies necessary for establishing a foundation for the development of the e-learning industry and promotion of the utilization of e-learning, activating e-learning by individuals, or in companies, regions, educational institutions and public institutions, and exporting and internationalizing technology, human resources, etc. related to e-learning.

(2) In implementing policies for promoting the utilization of e-learning, the State and local governments shall endeavor to respect the creative spirit of the private sector and to ensure market-oriented decision making. <Added on Oct. 31, 2017>

[This Article Wholly Amended on Jul. 25, 2011]

[Title Amended on Oct. 31, 2017]

Article 6(Formulation of master plan) #

(1) The Government shall formulate a master plan (hereinafter referred to as "Master Plan") on the development of the e-learning industry and promotion of the utilization of e-learning.

(2) Deleted. <Jan. 30, 2024>

(3) The Master Plan shall include the following matters:

1. Basic direction-setting for policies for developing the e-learning industry and promoting the utilization of e-learning;

2. Matters on establishing a foundation for the development of the e-learning industry and promotion of the utilization of e-learning;

3. Matters on improving systems for the development of the e-learning industry and promotion of the utilization of e-learning;

4. Matters on promoting the adoption of e-learning by individuals or in companies, regions, educational institutions and public institutions and the dissemination thereof;

5. Matters on conducting development, research and surveys of and standardizing technology related to e-learning;

6. Matters on nurturing e-learning experts;

7. Matters on exporting and internationalizing technology, human resources, etc. related to e-learning;

8. Matters on promoting the convergence of technology and industries related to e-learning;

9. Matters on protecting consumers in relation to e-learning;

10. Other matters prescribed by Presidential Decree as necessary for developing the e-learning industry and promoting the utilization of e-learning.

[This Article Wholly Amended on Jul. 25, 2011]

Article 7(Formulation of implementation plans) #

(1) The heads of central administrative agencies related to development of the e-learning industry and utilization of e-learning shall formulate and promote implementation plans (hereinafter referred to as "implementation plans") by jurisdiction each year pursuant to the Master Plan.

(2) Matters necessary for methods for formulating implementation plans, schedules for promoting the Master Plan and other matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jul. 25, 2011]

Article 8 #

Deleted. <Jan. 30, 2011>

Article 9(Nurturing experts) #

(1) The Government shall endeavor to nurture experts necessary for developing the e-learning industry and promoting the utilization of e-learning.

(2) In order to nurture experts necessary for developing the e-learning industry and promoting the utilization of e-learning, the Government may designate schools defined in Article 2 of the Higher Education Act, lifelong education facilities in the form of distant learning colleges and universities established under Article 33(3) of the Lifelong Education Act and e-learning-related research institutes, agencies or organizations prescribed by Presidential Decree as institutions for nurturing experts, may authorize such institutions to provide education and training on e-learning, and subsidize costs incurred in providing such education and training.

[This Article Wholly Amended on Jul. 25, 2011]

Article 10(Support for technological development) #

The Government may fully or partially subsidize funds necessary for conducting the following projects in order to develop the e-learning industry and promote the utilization of e-learning:

1. Conducting surveys on the levels of technology, research and development of technology, and utilizing the developed technology;

2. Technological cooperation, technological guidance and technology transfer;

3. Smoothly distributing technology information and industry-academia cooperation;

4. Developing e-learning contents and teaching or learning models;

5. Other projects prescribed by Presidential Decree, with regard to technological development and research and surveys.

[This Article Wholly Amended on Jul. 25, 2011]

Article 11(Promotion of standardization) #

(1) The Minister of Trade, Industry and Energy may perform the following projects, in consultation with the heads of the relevant central administrative agencies for the development of the e-learning industry: <Amended on Mar. 23, 2013; Oct. 1, 2025>

1. Establishment, revision, abolition and distribution of Korean Industrial Standards about e-learning as prescribed in Article 12 of the Industrial Standardization Act;

2. Surveys, research and development of domestic or foreign standards related to e-learning;

3. Internationalization of domestic standards about e-learning;

4. Other projects prescribed by Decree of the Ministry of Trade, Industry and Energy in relation to standardization of e-learning.

(2) In order to efficiently perform projects prescribed in the subparagraphs of paragraph (1), the Minister of Trade, Industry and Energy may authorize e-learning-related research institutes, agencies or organizations prescribed by Presidential Decree to perform such projects on behalf of him or her. In such cases, the Minister of Trade, Industry and Energy may subsidize expenses incurred in performing such projects, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Jul. 25, 2011]

Article 12(Activation of business start-up) #

(1) The Minister of Trade, Industry and Energy shall establish a plan to support business start-up for the start-up and development of e-learning business. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(2) The Government may provide necessary support, including making investments in accordance with plans to support business start-up prescribed in paragraph (1).

[This Article Wholly Amended on Jul. 25, 2011]

Article 13 #

Deleted. <Jan. 28, 2015>

Article 14(Agencies exclusively responsible for promoting e-learning) #

(1) The Government may permit the National IT Industry Promotion Agency prescribed in Article 26 of the Information and Communications Technology Industry Promotion Act, the Korea Education Research Information Service prescribed in the Korea Education Research Information Service Act and other agencies prescribed by Presidential Decree to perform projects for efficiently supporting the development of the e-learning industry and promotion of the utilization of e-learning.

(2) The Government may grant contributions or subsidies to agencies that perform projects prescribed in paragraph (1) to cover all or part of expenses incurred therein.

[This Article Wholly Amended on Jul. 25, 2011]

Article 15(Support for individual e-learning) #

The Government shall formulate necessary policies on e-learning in order to efficiently support the development of individual capability and learning ability.

[This Article Wholly Amended on Jul. 25, 2011]

Article 16(Support for e-learning of companies) #

(1) The Government shall formulate policies for supporting the introduction of e-learning by companies in order to improve the productivity and competitiveness of companies.

(2) The Minister of Trade, Industry and Energy may support the introduction of an information processing system necessary for providing e-learning, the production of e-learning contents, and the provision of e-learning services to train industrial human resources and may subsidize the operating costs of e-learning, etc., in order to improve the productivity of small and medium enterprises and raise the capability of workers. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) Matters necessary for subsidization, etc. of costs as prescribed in paragraph (2) shall be prescribed by Decree of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Jul. 25, 2011]

Article 17(Support for regional e-learning) #

(1) The Government shall provide support necessary for activating regional e-learning in order to narrow the learning divide between regions and contribute to balanced regional development.

(2) Local governments shall formulate and promote policies necessary for fostering e-learning business operators that are local small and medium enterprises defined in subparagraph 1 of Article 2 of the Act on the Fostering of Local Small and Medium Enterprises and Promotion of Their Innovation. <Amended on Mar. 29, 2016; Jul. 27, 2021>

(3) When local governments request the Government to subsidize costs incurred in promoting the business of activating regional e-learning under paragraph (1) and training e-learning business operators who are local small and medium enterprises under paragraph (2), the Government may subsidize such costs.

[This Article Wholly Amended on Jul. 25, 2011]

Article 17-2(Support for educational institutions with regard to e-learning) #

(1) The Minister of Education may provide educational institutions with support necessary for activating e-learning, such as developing, distributing and utilizing e-learning contents, teaching or learning models, providing education and counseling about e-learning and building an e-learning system; provided, upon receiving a request from the Minister of Trade, Industry and Energy with regard to the development of the e-learning industry, the Minister of Education shall have prior consultation with the Minister of Trade, Industry and Energy before providing such support. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(2) The Minister of Education and the heads of educational institutions shall endeavor to enhance access by and convenience for the socially vulnerable class prescribed by Presidential Decree in promoting the utilization of e-learning. <Amended on Mar. 23, 2013>

[This Article Added on Jul. 25, 2011]

Article 18(Introduction of e-learning to public institutions) #

(1) The heads of public institutions may provide education and training, the proportion of which is prescribed by Presidential Decree, in the form of e-learning, among education and training provided by the relevant public institutions.

(2) The heads of public institutions shall take necessary measures, such as subsidizing costs incurred in helping e-learning to be established as a method for education and learning or eliminating discrimination against e-learning, in comparison with other methods of education and learning, to ensure that e-learning is established as a method for education and training.

(3) When the heads of central administrative agencies support private business operators who conduct business of nurturing human resources in the field of their jurisdiction, they may recommend the business operators to produce e-learning contents for a specific proportion of the relevant business.

[This Article Wholly Amended on Jul. 25, 2011]

Article 19(Taxation support) #

(1) The Government may take necessary measures, such as tax abatement or exemption, as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act and other tax-related Acts, for the purpose of developing the e-learning industry and promoting the utilization of e-learning.

(2) The Government may take financial or administrative measures, as prescribed by Presidential Decree, for the purpose of developing the e-learning industry and promoting the utilization of e-learning.

[This Article Wholly Amended on Jul. 25, 2011]

Article 20(E-learning centers) #

(1) The Government may designate and operate e-learning centers to efficiently support e-learning as prescribed in Articles 15 through 17 and 17-2.

(2) E-learning centers may perform the following duties:

1. Providing education and management consulting to support e-learning of small and medium enterprises and educational institutions;

2. Providing regional public services by e-learning;

3. Nurturing e-learning experts and other matters prescribed by Presidential Decree.

(3) The Government may subsidize some expenses incurred by e-learning centers in performing the duties referred to in the subparagraphs of paragraph (2).

(4) The Government may revoke designation of e-learning centers, when e-learning centers designated pursuant to paragraph (1) fail to faithfully perform the duties referred to in paragraph (2) or fails to meet requirements for designation under paragraph (5). In such cases, the Government shall hold a hearing.

(5) Matters necessary for requirements and procedures for designation of e-learning centers, the methods of operating e-learning centers under paragraph (1), the subsidization of expenses under paragraph (3) and procedures for revocation of designation under paragraph (4), etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jul. 25, 2011]

Article 20-2(Criteria for evaluating technical competency of e-learning contents development projects) #

The Minister of Trade, Industry and Energy may establish and announce criteria for evaluating the technical competency of e-learning business operators and recommend the application of such criteria so that the heads of public institutions may use the criteria when entering into a contract for e-learning contents development projects. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Added on Jul. 25, 2011]

Article 20-3(Reimbursement for proposals for e-learning contents development projects) #

(1) When the heads of public institutions promote an e-learning contents development project, they may reimburse any person whose proposal gains excellent evaluation among unsuccessful bidders for some costs incurred in preparing his or her proposal within budgetary limits.

(2) Matters necessary for standards, procedures, etc. for reimbursing for proposals pursuant to paragraph (1) shall be prescribed by Decree of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Added on Jul. 25, 2011]

Article 20-4(Reporting by e-learning business operators) #

(1) The Minister of Trade, Industry and Energy may require e-learning business operators to report on details necessary for managing technical human resources, project track records, etc. to him or her for the development of the e-learning industry. The same shall also apply to any modification to the details reported. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(2) The Minister of Trade, Industry and Energy may permit institutions or organizations prescribed by Presidential Decree to perform the duty to report prescribed in paragraph (1) on behalf of e-learning business operators and may subsidize expenses incurred therein within budgetary limits. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) Necessary matters concerning procedures for supporting commercialization of engineering technology under paragraph (1) shall be prescribed by Decree of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Added on Jul. 25, 2011]

Article 20-5(Support for small and medium e-learning business operators) #

(1) The Government shall take measures to expand the participation of small and medium e-learning business operators in projects for producing e-learning contents, building e-learning systems and in relevant research and development projects (hereafter referred to as "e-learning development projects" in this Article) awarded by public institutions in order to ensure the sound development of the e-learning industry by fostering small and medium e-learning business operators.

(2) The Minister of Trade, Industry and Energy may determine and announce the minimum cost of a project in which an e-learning business operator which is a large enterprise may participate, taking into account the characteristics of e-learning development projects, and may request the heads of public institutions to apply the determined minimum cost, if deemed necessary for expanding small and medium e-learning business operators' participation in e-learning development projects awarded by public institutions. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) Kinds of e-learning development projects prescribed in paragraph (1) and criteria for determining an e-learning business operator who is a large enterprise pursuant to paragraph (2) shall be prescribed by Presidential Decree.

[This Article Added on Jul. 25, 2011]

Article 21(Protection of intellectual property rights) #

(1) The Government shall formulate policies necessary for protecting intellectual property rights, such as copyrights (hereafter referred to as "intellectual property rights" in this Article) in promoting the e-learning industry.

(2) The Government shall formulate and implement policies necessary for smoothly managing and distributing e-learning contents. In such cases, the Government shall give full consideration of policies for protecting intellectual property rights prescribed in paragraph (1).

(3) E-learning business operators shall take necessary measures to ensure that the intellectual property rights of others are not infringed on.

[This Article Wholly Amended on Jul. 25, 2011]

Article 22(Support for e-learning contents of public information) #

(1) The Government shall provide support to activate the development of e-learning contents by promoting the digitization of public information.

(2) When e-learning business operators intend to produce or use public information in the form of e-learning contents, the heads of public institutions shall disclose information, among information held and managed by the relevant institutions, excluding information subject to non-disclosure pursuant to Article 9 of the Official Information Disclosure Act.

(3) The heads of public institutions shall determine and announce the conditions, methods, etc. for using public information, as prescribed by Presidential Decree, in order to utilize public information for developing, etc. e-learning contents.

[This Article Wholly Amended on Jul. 25, 2011]

Article 23(Activating use of freely available information) #

(1) The Government shall formulate measures to activate the use of freely available information, such as digitization of freely available information by public institutions or companies, in order to expand the distribution of e-learning.

(2) The Government may establish or designate a repository for freely available information in order to accumulate freely available information which have been digitalized pursuant to paragraph (1) and activate the use of such information.

(3) Matters necessary for methods of providing support to activate the use of freely available information and methods of establishing repositories for freely available information pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jul. 25, 2011]

Article 24(International cooperation) #

(1) The Government may support projects concerning international exchanges and export of information, technology and human resources related to e-learning, activities to internationally standardize e-learning and joint research and development of e-learning between nations, overseas marketing and publicity related to e-learning, etc. in order to activate international cooperation in the field of e-learning. <Amended on Jun. 15, 2021>

(2) The Government may provide information on the statutes or regulations pertaining to the protection of personal information home and abroad, such as those relating to the protection of personal information transferred abroad for supporting international exchanges and overseas expansion by e-learning business operators. <Added on Jun. 15, 20221>

[This Article Wholly Amended on Jul. 25, 2011]

Article 25(Formulation of policies to protect consumers and establishment of sound transaction order) #

(1) The Government shall formulate and implement policies to protect consumers' basic rights and interests related to e-learning and to ensure consumer reliability of e-learning pursuant to the relevant statues, including the Framework Act on Consumers and the Act on the Consumer Protection in Electronic Commerce.

(2) The Minister of Trade, Industry and Energy may establish the code of conduct to be observed by e-learning business entities or business entities' organizations (hereafter referred to as "e-learning business entities, etc." in this Article) and recommend e-learning business entities, etc. to observe it in order to prevent misconduct related to e-learning. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) In order to establish sound order for transactions in the e-learning industry, the Minister of Trade, Industry and Energy may establish standard terms and conditions and standard contract forms on the use of e-learning through consultation with the Chairperson of the Fair Trade Commission, and recommend e-learning business entities, etc. to comply with such standard terms and conditions after publicly announcing such standard terms and conditions and standard contract forms, and may provide e-learning business entities, etc, with education about the protection of users, and establish and implement schemes for remedying damage sustained by users. <Amended on Mar. 23, 2013; Oct. 31, 2017; Oct. 1, 2025>

(4) The Minister of Trade, Industry and Energy may provide preferential treatment to e-learning business entities that respectively adopt and observe the code of conduct and the standard terms and conditions and standard contract forms prescribed in paragraphs (2) and (3) in granting financial and administrative support prescribed in this Act. <Amended on Mar. 23, 2013; Oct. 31, 2017; Oct. 1, 2025>

(5) Any person who enters into a contract with an e-learning business entity shall not force an unfair contract or seek undue interests against such business entity by taking advantage of his or her position, such as unilaterally requesting transfer of intellectual property right to e-learning content. <Added on Oct. 31, 2017>

(6) Where any violation of paragraph (5) is found, the Minister of Trade, Industry and Energy may request the head of a relevant agency to take necessary measures. <Added on Oct. 31, 2017; Oct. 1, 2025>

[This Article Wholly Amended on Jul. 25, 2011]

[Title Amended on Oct. 31, 2017]

Article 26(Prevention and remedy of consumers' damage) #

(1) The Government shall formulate and implement policies for providing information to consumers and expanding education for consumers, etc. in order to prevent consumers from suffering damage related to e-learning.

(2) The Government shall take necessary measures to handle consumers' complaints and damage related to e-learning in a prompt and fair manner.

(3) E-learning business operators shall allow a trial learning period during which consumers may determine whether they can adapt to the relevant e-learning before entering into a contract, and methods, etc. of allowing a trial learning period shall be stipulated by the standard terms and conditions referred to in Article 25(3).

[This Article Wholly Amended on Jul. 25, 2011]

Article 26-2(Prevention of Infringement on Consumer Personal Information) #

The Government shall prepare and implement necessary policies to prevent infringement on consumers' personal information related to e-learning, such as checking the status of personal information protection of e-learning business operators and providing consulting services for the prevention of infringement on personal information.

[This Article Added on Jun. 10, 2022]

Article 27(Statistics and surveys on actual status) #

(1) The Minister of Trade, Industry and Energy may conduct fact-finding surveys, including relevant statistics on the e-learning industry in order to efficiently formulate and implement policies related to the e-learning industry. In such cases, the provisions of the Statistics Act shall apply mutatis mutandis to the compilation of relevant statistics on the e-learning industry. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(2) The Government may request public institutions, e-learning business operators or corporations and organizations engaged in the e-learning industry to submit data or state opinions, etc. if necessary for conducting surveys on actual status pursuant to paragraph (1).

(3) Upon receiving a request to submit data or state opinions, etc. under paragraph (2), public institutions, e-learning business operators or corporations and organizations engaged in the e-learning industry shall cooperate with such request.

(4) Matters necessary for conducting surveys on actual status pursuant to paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jul. 25, 2011]