Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on Establishment of Infrastructure for Informatization of National Defense and Management of Informational Resources for National Defense and matters necessary for the enforcement thereof.
Article 2(Scope of Informational Resources for National Defense) #
“Resources prescribed by Presidential Decree” in subparagraph 5 of Article 2 of the Act on the Establishment of Foundation for Defense Informatization and Management of Information Resources for National Defense (hereinafter referred to as the "Act") means the following:
1. Information on national defense prepared or acquired and managed by the Ministry of National Defense and its affiliated agencies, agencies under its direct control, organizations and military units, the Joint Chiefs of Staff, the Army, Navy, and Air Force (hereinafter referred to as "each Armed Force");
2. Defense information and communications networks;
3. Defense information system;
4. Information technology applicable to the establishment, operation, sophistication, etc. of the defense information and communications networks and the defense information system (hereinafter referred to as "defense information technology");
5. Budgets necessary for defense informatization;
6. Human resources necessary for defense informatization;
7. Equipment, parts, facilities, etc. accompanying defense informatization and which the Minister of National Defense deems necessary to manage.
Article 3(Procedures for Formulation of Master Plans) #
(1) The Minister of National Defense shall formulate a master plan for defense informatization under Article 5 (1) of the Act (hereinafter referred to as "master plan") every 5 years.
(2) The Minister of National Defense shall prepare a draft master plan and notify the heads of affiliated agencies, military units, and relevant administrative agencies thereof.
(3) The heads of affiliated agencies, units, and relevant administrative agencies notified of a draft master plan pursuant to paragraph (2) shall submit their opinions on the draft master plan to the Minister of National Defense within 1 month from the date on which they are notified of the draft master plan.
(4) The Minister of National Defense shall formulate an implementation plan for defense informatization for the relevant year by January 31 each year in accordance with the master plan finalized pursuant to Article 5 (2) of the Act by January 31 of each year.
Article 4(Modification of Master Plans) #
(1) In any of the following cases, the Minister of National Defense may amend a finalized master plan:
1. Where there is a significant change in the national defense policy;
2. Where important budgetary measures are required;
3. Where there is a sudden change in the defense informatization environment;
4. Where the Minister of National Defense deems it necessary for other matters that have a significant impact on defense informatization.
(2) Deleted. <Mar. 23, 2013>
Article 5(Defense Informatization Officer) #
(1) The Vice Minister of National Defense shall serve as the officer in charge of defense informatization under Article 7 (1) of the Act.
(2) The officer in charge of informatization under Article 7 (2) of the Act shall be the highest-ranking person among persons who support or assist the heads of affiliated agencies, agencies or military units under direct control, the Joint Chiefs of Staff, the Headquarters of the Armed Forces, and the headquarters of each Armed Forces.
(3) The officer in charge of informatization under paragraph (2) shall take charge of the following matters in connection with the duties of the relevant agency:
1. Overall coordination, support, and evaluation of defense informatization programs;
2. Connection and coordination between defense informatization policies and other policies, plans, etc. within agencies;
3. Support for administrative affairs using information technology for national defense;
4. Comprehensive coordination and systematic management of acquisition, distribution, use, etc. of informational resources for national defense and formulation of measures for joint use of information for national defense;
5. Introudction and utilization of defense information technology architecture;
6. Education for defense informatization education;
7. Other matters prescribed by other Acts and subordinate statutes as the duties of the officer in charge of informatization.
Article 6(Functions of Council for Defense Informatization Officers) #
The council of defense informatization officers under Article 7 (4) of the Act (hereinafter referred to as the "council") shall discuss the following matters:
1. Matters concerning formulation and implementation of plans related to defense informatization;
2. Matters concerning sharing national defense information;
3. Matters concerning information technology for national defense;
4. Matters concerning systematic management and standardization of informational resources for national defense;
5. Other matters deemed necessary by the chairperson of the council for defense informatization policies.
Article 7(Composition of Council) #
(1) The Vice Minister of National Defense shall serve as the chairperson of the council.
(2) The council shall have one executive secretary to handle the administrative affairs of the council, and the informatization planning officer of the Ministry of National Defense shall be the executive secretary.
(3) The chairperson of the council (hereinafter referred to as the "chairperson") shall represent the council and exercise overall control over its affairs.
(4) When the chairperson is unable to perform his or her duties due to unavoidable reasons, a member designated in advance by the chairperson shall act on behalf of the chairperson.
Article 8(Operation of Council) #
(1) The chairperson shall convene and preside over meetings of the council.
(2) A meeting of the council shall be commenced with the attendance of a majority of all incumbent members, and resolutions shall be passed with the concurrent vote of a majority of those present.
Article 9(Working Council) #
(1) The working council for defense informatization officers (hereinafter referred to as the "working council") shall be established in the council to examine and coordinate the following matters in a practical manner:
1. Prior review and coordination of agenda of the council;
2. Matters delegated by the council;
3. Review and coordination of policy proposals of the council;
4. Other matters instructed by the chairperson.
(2) Matters necessary for the composition and operation of the working council under paragraph (1) shall be prescribed by Decree of the Ministry of National Defense.
Article 10(Detailed Operating Rules) #
Except as otherwise expressly provided for in this Decree, matters necessary for the operation, etc. of the council shall be determined by the chairperson following a resolution by the council.
Article 11(Management of Defense Information Technology Architecture) #
(1) The heads of agencies or military units determined by the Minister of National Defense shall formulate a plan for the introduction and utilization of the information technology architecture for national defense and submit it to the Minister of National Defense, as prescribed by the Minister of National Defense.
(2) The head of an agency or military unit that introduces an information technology architecture for national defense shall designate an officer exclusively responsible for the information technology architecture for national defense in order to efficiently perform affairs processing and informatization.
(3) The Minister of National Defense shall establish and operate a system for the electronically integrated management of the information technology architecture for national defense and for the management and provision of information on the reference model, the current status of the introduction and operation of the information technology architecture for national defense, etc. of each agency or military unit so that each agency or military unit can jointly utilize information related to the technology architecture for national defense.
Article 12(Utilization of Defense Information Technology Architecture) #
The Minister of National Defense shall apply the defense information technology architecture to the following affairs:
1. Formulation of master plans and analysis and evaluation of defense informatization;
2. Formulation of plans for defense informatization programs and formulation of budgets;
3. Ensuring interoperability and standardization of defense information systems;
4. Other affairs that the Minister of National Defense deems necessary for the efficient promotion of defense informatization.
Article 13(Designation of Dedicated Institutions) #
(1) Fields for which an institution dedicated to each field of defense informatization (hereinafter referred to as "dedicated institution") may be designated under Article 11 (1) of the Act shall be as follows:
1. Management of defense informatization programs;
2. Evaluation of defense informatization policies and defense informatization programs;
3. Investigation and management of informational resources for national defense;
4. Maintenance and repair of defense information system and technical support;
5. Other fields necessary to support defense informatization, management of informational resources for national defense and development of policies.
(2) The Minister of National Defense may designate any of the following persons as a dedicated institution pursuant to Article 11 (1) of the Act:
1. Public institutions under the Act on the Management of Public Institutions;
2. Government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
3. Other corporations or organizations recognized by the Minister of National Defense as having specialized human resources and dedicated organizations of managing defense informatization programs or informational resources for national defense.
(3) An entity who intends to be designated as a dedicated institution pursuant to Article 11 (1) of the Act shall submit an application for designation (including an application in electronic form) prescribed by Decree of the Ministry of National Defense to the Minister of National Defense, along with the following documents; in such cases, upon receipt of an application for designation, the Minister of National Defense shall verify the applicant's corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act:
1. Articles of association;
2. A business plan for the relevant field;
3. Details of research facilities and major affiliated facilities and materials explaining their business capabilities.
(4) When the Minister of National Defense designates a dedicated institution, he or she shall examine the following matters and evaluate the eligibility thereof:
1. Whether expertise in military fields and relevant fields are secured;
2. Whether necessary organizations and human resources are retained;
3. Whether the defense information technology facilities and the environment necessary for the operation of such facilities are in place;
4. Whether the performance of the relevant program is secured;
5. Whether security, safety, etc. appropriate for national security is secured.
(5) Where the Minister of National Defense designates or revokes the designation of a dedicated institution pursuant to Article 11 of the Act, the Minister shall publicly notify such fact in the Official Gazette.
(6) The Minister of National Defense may subsidize expenses incurred by a dedicated institution y in performing its duties within budgetary limits.
(7) The head of a dedicated institution shall formulate a detailed program plan and a fund implementation plan for each designated field and submit it to the Minister of National Defense.
(8) Matters necessary for the performance of affairs, such as the management of programs, etc. of a dedicated institution shall be determined by the Minister of National Defense.
Article 14(Permission to Use Facilities and Equipment) #
(1) A person who intends to obtain permission to use facilities and equipment pursuant to Article 13 (2) of the Act shall submit an application for permission prescribed by Ordinance of the Ministry of National Defense (including an application in electronic form) to the Minister of National Defense, along with the following documents (including electronic documents):
1. A copy of the business registration certificate;
2. Deleted; <Dec. 30, 2014>
3. An experimental plan for new technology;
4. A description of technical capacity.
(2) Upon receipt of an application for permission to use facilities and equipment pursuant to paragraph (1), the Minister of National Defense shall examine the following matters and determine whether to grant permission:
1. Whether expertise in military fields and relevant fields are secured;
2. Whether the relevant person has secured the ability to perform the relevant research and development;
3. Whether security, safety, etc. appropriate for national security is secured.
(3) Where the Minister of National Defense permits the use of facilities and equipment after the examination under paragraph (2) is conducted, he or she shall issue a certificate of permission to the applicant.
Article 15(Special Management of Informational Resources for National Defense) #
(1) The Minister of National Defense shall formulate a special management plan for informational resources for national defense (hereinafter referred to as "special management plan") under Article 20 (1) of the Act each year and implement such plan in connection with the master plan.
(2) The informational resources for national defense to be included in a special management plan shall be as follows:
1. Wired and wireless information and communications equipment;
2. Main computer;
3. Communications lines;
4. The radio station managed and operated by the Minister of National Defense pursuant to Article 3 of the Military Telecommunications Act;
5. Other defense information resources deemed necessary by the Minister of National Defense for efficiently utilizing such resources.
(3) The Minister of National Defense shall implement the defense information resources management training under Article 19 (5) of the Act by reflecting the special management plan and shall reflect the results thereof in the formulation of the special management plan for the following year.
(4) Except as otherwise expressly provided for in this Decree, the special management of informational resources for national defense shall be governed by the Minister of National Defense.
Article 16(Dedicated Agency for National Defense Cyber Security) #
(1) When the Minister of National Defense establishes a dedicated institution for cyber defense security pursuant to Article 21 (2) of the Act, he or she shall consider the following matters:
1. Scale of the dedicated institution for cyber defense security;
2. Necessary organizations and human resources;
3. Expertise in relevant field;
4. Mid- and long-term operation plans;
5. A system of regular cooperation among relevant agencies in response to cyber crises.
(2) Pursuant to Article 21 (2) of the Act, the Minister of National Defense may designate any of the following military units or agencies as a dedicated institution for cyber defense safety:
1. A military unit that performs cyber-infringement prevention and response duties;
2. A military unit performing military operations in cyberspace;
3. Other institutions recognized by the Minister of National Defense as having professional human resources and dedicated organizations of cyber safety-related affairs among the institutions performing informatization affairs.
(3) A dedicated institution for cyber defense safety shall perform the following duties:
1. Establishment of cyber threat surveillance system and collection, analysis, and dissemination of information on cyber threats;
2. Cooperation among specialized institutions for cyber crisis response;
3. Matters necessary for the prevention, response, restoration and measures against cyber-infringement incidents;
4. Research and development, testing, evaluation, and management of cyber war technology;
5. Other matters the Minister of National Defense deems necessary for the protection of defense information.
Article 17(Establishment of Cooperation System for Defense Information Protection) #
In order to establish a cooperation system to share information pursuant to Article 21 (4) of the Act, the Minister of National Defense shall perform the following duties:
1. Establishment and operation of a sharing system for the collection, analysis, and dissemination of hazardous elements to national defense information;
2. Joint response to hazardous elements to national defense information;
3. Cooperation in investigation into accidents when intrusion of defense information and communications network occurs;
4. Joint development of measures to respond to information on national defense by level of hazards;
5. Technical support and exchange for defense information security;
6. Other affairs requiring separate cooperation of related agencies for national defense information protection.
Article 18(Progressive Acquisition Programs) #
"Defense informatization program prescribed by Presidential Decree" in Article 22 (5) of the Act means any of the following programs:
1. Defense informatization programs which are expected to change technologies to be applied during the program period;
2. Defense informatization programs requiring prompt force mobilization by institutions and military units to be used;
3. Defense informatization programs to be promoted in long-term due to restrictions on available budgets;
4. Other programs recognized by the Minister of National Defense as necessary for progressive acquisition due to the characteristics of defense information technology.
Article 19(Establishment of Guidelines for Implementing Defense Informatization Programs) #
(1) "Guidelines for implementing defense informatization programs" under Article 22 (2) of the Act (hereinafter referred to as "implementation guidelines for programs") shall include the following matters:
1. Matters concerning management methods and procedures for planning, execution, etc. of defense informatization programs;
2. Management of informational resources for national defense acquired through defense informatization programs;
3. Matters concerning evaluation of defense informatization programs;
4. Matters concerning quality management of defense information systems acquired through defense informatization programs;
5. Other matters necessary for implementing defense informatization programs.
(2) The heads of military units and agencies promoting defense informatization programs shall formulate a plan for defense informatization programs in accordance with the implementation guidelines for programs, and submit the plan for defense informatization programs for the relevant year and the performance records of the previous year's defense informatization programs to the Minister of National Defense by January 31 of each year.
(3) The Minister of National Defense may amend the guidelines for the implementation of defense informatization programs after examining the plans and performance records of defense informatization programs submitted pursuant to paragraph (2).
Article 20(Evaluation of Defense Informatization) #
(1) The types of evaluations under Article 23 (1) of the Act shall be as follows:
1. Evaluation of defense informatization policies: evaluation conducted each year on whether all agencies and military units promoting defense informatization have implemented the master plan, the results and performance of such plan, and the outcomes thereof;
2. Evaluation of defense informatization programs: evaluation of specific defense informatization programs conducted on the process of formulating and executing program plans and the results thereof.
(2) In order to evaluate defense informatization pursuant to Article 23 (1) of the Act, the Minister of National Defense shall formulate a plan for evaluating defense informatization, including the following matters:
1. Evaluation standards, such as evaluation indexes and inspection lists;
2. Institutions subject to evaluation and programs subject to evaluation;
3. Methods of self-evaluation and external evaluation;
4. Schedule for promotion of evaluations.
(3) The Minister of National Defense shall reflect the results of evaluation in the master plan pursuant to Article 23 (4) of the Act and notify the heads of the relevant agencies and military units thereof.
(4) The Minister of National Defense deems it necessary to enhance the expertise and efficiency of evaluation, he or she may require a dedicated institution designated pursuant to Article 11 of the Act to conduct evaluation.
Article 21(Designation of Specialized Technical Support Institutions) #
(1) Fields for which specialized technical support institutions may be designated pursuant to Article 24 (1) of the Act shall be as follows:
1. Fields related to research and development of defense information technology;
2. Fields of securing interoperability and standardization of information technology for national defense;
3. Field of defense information protection technology for defense information protection in response to infringement or threat of information on national defense;
4. The field of defense information system testing for the early introduction of excellent new technologies into the field of national defense;
5. Other specialized technology fields for promotion of defense informatization.
(2) The Minister of National Defense may designate any of the following persons as a specialized technical support institution pursuant to Article 24 (1) of the Act:
1. Public institutions under the Act on the Management of Public Institutions;
2. Government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
3. A school under Article 2 of the Higher Education Act;
4. A specific research institute under Article 2 of the Specific Research Institutes Support Act;
5. Other corporations or organizations recognized by the Minister of National Defense as having professional human resources and dedicated organizations necessary for performing affairs related to information technology for national defense.
(3) An entity who intends to be designated as a specialized technical support institution pursuant to Article 24 (1) of the Act shall submit an application for designation (including an application in electronic form) prescribed by Decree of the Ministry of National Defense to the Minister of National Defense, along with the following documents; in such cases, upon receipt of an application for designation, the Minister of National Defense shall verify the applicant's corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act:
1. Articles of association;
2. Business plans and business performance records in related fields;
3. Details of research facilities and major affiliated facilities and materials explaining their business capabilities.
(4) When the Minister of National Defense designates a specialized technical support institution, he or she shall examine the following matters and evaluate the eligibility thereof:
1. Whether information technology for national defense and expertise in the relevant field are secured;
2. Whether the organization and human resources necessary for conducting the relevant business are retained;
3. Whether the defense information technology facilities and the environment necessary for the operation of such facilities are in place;
4. Whether security, safety, etc. appropriate for national security is secured.
(5) Where the Minister of National Defense designates or revokes the designation of a specialized technical support institution pursuant to Article 24 of the Act, the Minister shall publicly notify such fact in the Official Gazette.
(6) The Minister of National Defense may subsidize expenses incurred by a specialized technical support institution in performing its duties within budgetary limits.
(7) The head of a specialized technical support institution shall formulate a detailed program plan and a fund implementation plan for each designated field and submit it to the Minister of National Defense.
(8) Matters necessary for the performance of affairs, such as the management of programs, etc. of a specialized technical support institution shall be determined by the Minister of National Defense.
Article 22(Advisory Council on Defense Informatization) #
(1) The Advisory Council on Defense Informatization under Article 25 (1) of the Act shall be comprised of advisory members appointed or commissioned by the Minister of National Defense pursuant to paragraph (3).
(2) Where the Minister of National Defense operates an advisory consultative body on defense informatization pursuant to Article 25 (1) of the Act, he or she may appoint advisors for each of the following fields:
1. Establishment of defense informatization policies;
2. Development of defense information technology;
3. Fostering industries related to defense informatization;
4. Sharing and special management of informational resources for national defense;
5. Other fields necessary for managing informational resources for national defense.
(3) The Minister of National Defense may appoint or commission any of the following persons as an advisory member by field:
1. A Person who serves or has served as an assistant professor or higher as an assistant professor teaching informatization-related fields at a school defined in Article 2 of the Higher Education Act;
2. A person who is or was a public official of Grade IV or higher at an administrative agency in the relevant field or a person who is or was in a position equivalent thereto at a public institution;
3. A person with extensive knowledge of and experience in related fields, such as professional engineers under the National Technical Qualifications Act;
4. The representative of an organization or institution related to informatization.
(4) The chairperson of the Advisory Council on Defense Informatization shall be determined by the Minister of National Defense from among the advisory members.
(5) Except as otherwise expressly provided for in this Decree, detailed matters necessary for the operation of the Advisory Council on Defense Informatization shall be determined by the chairperson after deliberation by the Advisory Council on Defense Informatization.
Article 23(Re-Examination of Regulation) #
The Minister of National Defense shall examine the appropriateness of permission to use facilities and equipment under Article 14 every 3 years, counting from Jan. 1, 2014 (referring to the period that ends on the day before Jan. 1 of every third year) and shall take measures, such as making improvements.
[This Article Added on Dec. 30, 2013]