ACT ON PROMOTION OF THE PROVISION AND USE OF PUBLIC DATA

Article 1(Purpose) #

The purpose of this Act is to prescribe matters for promoting the provision and use of data held and managed by public institutions in order to guarantee citizens’ right to access public data, and to contribute to improving their quality of life and to developing the national economy through the utilization of such public data in the private sector.

Article 2(Definitions) #

The definitions of terms used in this Act are as follows: <Amended on Jan. 6, 2016; Jun. 9, 2020.>

1. The term "public institution" means a State agency, a local government, or a public institution under subparagraph 16 of Article 2 of the Framework Act on Intelligent Informatization;

2. The term "public data" means any data or information, including databases and electronic files, processed in optical or electronic form, and created or acquired and managed by any public institution for the purposes set forth in statutes or regulations, falling under any of the following:

(a) Administrative information in subparagraph 6 of Article 2 of the Electronic Government Act;

(b) Information produced by a public institution among the types of information defined in subparagraph 1 of Article 2 of the Framework Act on Intelligent Informatization;

(c) Electronic records in Article 20 (1) of the Public Records Management Act, which are prescribed by Presidential Decree;

(d) Other data or information prescribed by Presidential Decree;

3. The term "machine-readable form" means any form of data, the particulars or internal structure of which can be ascertained, or modified, converted, extracted, or otherwise processed by software;

4. The term "provision" means where public institutions allow users to access public data in a machine-readable form or transmit such data to users by various means.

Article 3(Basic principles) #

(1) A public institution shall endeavor to enable anyone to readily use public data and shall take measures necessary to promote universal access to the use thereof.

(2) A public institution shall ensure the principle of equality in the public's access to and use of public data.

(3) No public institution shall impede the use of public data disclosed to the general public through information and communications networks, including restricting or blocking user access, except in cases falling under Article 28 (1).

(4) A public institution shall not, even in cases of commercial use of public data, prohibit or restrict such use, unless otherwise provided by other statutes or in any of the cases under the subparagraphs of Article 28 (1).

(5) A user shall observe obligations prescribed under statutes or regulations and the terms and conditions of use to prevent any infringement of public interests, including national security, or another person’s rights, and shall act conscientiously and in good faith when using public data.

Article 4(Relationship to other statutes) #

The management, provision, and use of public data shall be governed by this Act, except as otherwise provided in any other statute.

Article 5(Public Data Strategy Committee) #

(1) The Public Data Strategy Committee (hereinafter referred to as the "Strategy Committee") shall be established under the jurisdiction of the Prime Minister to deliberate on and coordinate major government policies and plans regarding public data and data-based administration under the Act on Promotion of Data-based Administration (hereinafter referred to as "data-based administration"), and to inspect and evaluate the implementation thereof. <Amended on May 16, 2023.>

(2) The Committee shall be composed of up to 37 members, including 2 chairpersons. <Amended on May 16, 2023.>

(3) The chairpersons shall be the Prime Minister and a person designated by the President from among the members referred to in subparagraph 2, and the members shall be as follows: <Amended on May 16, 2023.>

1. Persons prescribed by Presidential Decree from among the heads of central administrative agencies, the heads of local governments, and the heads of public institutions;

2. A person with extensive knowledge of and experience in public data and data-based administration who is commissioned by the Prime Minister.

(4) For the efficient operation and support of the Strategy Committee, 1 executive secretary shall be appointed, and the Minister of the Interior and Safety shall serve as the executive secretary. <Amended on Nov. 19 2014; Jul. 26 2017>

(5) The term of office of the members commissioned pursuant to paragraph (3) 2 shall be two years, which may be renewed for only one further term; provided, a member who is newly commissioned to fill a vacancy arising due to resignation, etc., of an existing member shall serve for the remainder of his or her predecessor’s term of office.

(6) The following subcommittees (hereinafter referred to as "subcommittees") shall be established under the Strategy Committee to review in advance agenda items to be submitted to the Strategy Committee and to deliberate on agenda items delegated by the Strategy Committee; and expert committees by field may be established under each subcommittee to assist in deliberating on such agenda items: <Amended on May 16, 2023.>

1. The data-based administration subcommittee;

2. The public data opening and utilization subcommittee.

(7) Matters necessary for the composition and operation of the Strategy Committee, subcommittees, and expert committees by field shall be prescribed by Presidential Decree. <Amended on May 16, 2023.>

Article 6(Functions of Strategy Committee) #

(1) The Strategy Committee shall deliberate on the following matters: <Amended on Jan. 6, 2016; May 16, 2023.>

1. Matters concerning the formulation of and amendment to a master plan for promoting the provision and use of public data in Article 7 and an implementation plan for promoting the provision and use of public data in Article 8;

2. Modifications of important matters prescribed by Presidential Decree in the master plans and implementation plans in Articles 7 and 8;

3. Guidelines for preparation of plans by field in Article 7 (4);

3-2. Matters concerning recommendations for improvement or correction based on findings from investigation into status in Article 15-3;

4. Matters concerning deliberation and resolution on, and announcement of the lists of public data to be released under Article 19;

5. Matters concerning exclusion from a list of public data in Article 20;

6. Matters concerning the improvement of policies and systems regarding the provision and use of public data;

6-2. Matters referred to in the subparagraphs of Article 5 of the Act on Promotion of Data-based Administration;

7. Matters concerning the evaluation and inspection of outcomes from executing the major policies in the master plans and implementation plans in Articles 7 and 8;

8. Matters deemed necessary by the chairperson in relation to public data and data-based administration.

(2) In deliberating on the matters under the subparagraphs of paragraph (1), the Strategy Committee may, if necessary, hear opinions from relevant public officials and executives and employees of public institutions, persons with expertise in public data and data-based administration, or related users, and may request the submission of materials, etc. from relevant institutions and others. <Amended on May 16, 2023>

Article 7(Master plans for promoting provision and use of public data) #

(1) The Government shall formulate a master plan for promoting the provision and use of public data (hereinafter referred to as "master plan").

(2) A master plan shall be formulated by the Minister of the Interior and Safety every three years, in consultation with the Minister of Science and ICT by integrating plans by fields of the State and local governments, and shall be finalized following deliberation and resolution thereon by the Strategy Committee. The same shall also apply to any amendment to the important matters prescribed by Presidential Decree in the master plan. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) Each master plan shall include the following:

1. Basic objectives of, and direction-setting for promoting the provision and use of public data;

2. Matters concerning forms and means, in or by which public data is provided;

3. Status of the registration and use of public data;

4. Expanding the scope of public data accessible and available;

5. Matters concerning promoting utilization of public data in the private sector;

6. Matters concerning the quality control of public data;

7. Matters concerning promoting development of technologies to provide public data;

8. Matters concerning the improvement of systems and statutes or regulations related to public data;

9. Matters concerning education and training necessary for the management, provision, and use of public data;

10. Investment and funding plans necessary for the provision and use of public data;

11. Other matters concerning the management, provision, and use of public data.

(4) The Minister of the Interior and Safety may formulate guidelines for preparing plans by field of the State and local governments through deliberation thereon by the Strategy Committee and notify relevant institutions thereof, and if necessary for preparing the master plan, he or she may request related data from the heads of public institutions. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(5) Other matters necessary for the formulation and implementation of master plans shall be prescribed by Presidential Decree.

Article 8(Implementation plans for promoting provision and use of public data) #

(1) The State and the heads of local governments shall annually establish an implementation plan for promoting the provision and use of public data (hereinafter referred to as "implementation plan") pursuant to the relevant master plan.

(2) The heads of central administrative agencies and the heads of local governments shall submit their implementation plans to the Strategy Committee and implement such implementation plans following deliberation and resolution thereon by the Strategy Committee. The same shall also apply to any amendment to an important matter prescribed by Presidential Decree in the implementation plans.

(3) Each implementation plan shall include the following:

1. Evaluation of the results of the provision and use of public data in the immediately preceding year;

2. An implementation plan in the relevant year regarding matters included in the master plan formulated under Article 7 (3);

3. A plan to manage the public data-related budget in the relevant year;

4. Other matters necessary for managing public data policies.

(4) Other matters necessary for the formulation and implementation of implementation plans shall be prescribed by Presidential Decree.

Article 9(Evaluation of status of provision and management of public data) #

(1) The Minister of the Interior and Safety shall annually evaluate the status of the provision and management of public data by public institutions (excluding the National Assembly, courts, the Constitutional Court, and the National Election Commission; hereafter the same shall apply in this Article), such as the establishment of a foundation for providing such data and the status of provision, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) The Minister of the Interior and Safety shall report the findings from the evaluation in paragraph (1) to the Strategy Committee and the State Council and announce them after notifying the heads of public institutions thereof and shall require the relevant public institutions to take corrective measures, etc., regarding matters recommended by the Strategy Committee for improvement. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) The Minister of the Interior and Safety may select and reward any public institution rated exemplary in an evaluation conducted under paragraph (1) or any public official or any executive or employee of a public institution deemed rendered meritorious service in the provision of public data. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(4) Other matters necessary for conducting evaluation of operational status shall be prescribed by Presidential Decree.

Article 10(Fact-finding surveys on use of public data) #

The Government may conduct a survey on the demand for public data and the status of use thereof, and complaints by citizens, private enterprises, and organizations, in order to efficiently develop and implement policies for promoting the provision and use of public data.

Article 11(Guidelines for management of public data) #

The Minister of the Interior and Safety shall formulate and announce guidelines for managing public data, in consultation with the Minister of Science and ICT, to efficiently implement policies for the provision of public data; and the heads of public institutions shall abide by such guidelines. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 12(Officers responsible for providing public data) #

(1) The head of a public institution shall appoint an officer responsible for exercising overall control over promoting the provision and use of public data (hereinafter referred to as "officer responsible for the provision of public data") and working-level employees; and he or she shall post such fact on the web site of the institution for ready access to users.

(2) An officer for the provision of public data and working-level employees shall take charge of the following matters in relation to the affairs of the relevant institution:

1. Overall coordination of, and support for, public data policies;

2. Linkage and coordination between public data policies and other policies, plans, etc., of the institution;

3. Overall control of, and support for, affairs concerning the management, provision, and use of public data;

4. Quality control of public data;

5. Other affairs related to the provision of public data.

(3) If the head of a public institution has appointed or replaced the officer responsible for the provision of public data and working-level employees, he or she shall promptly notify the Minister of the Interior and Safety thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(4) A public institution may have an organization and staff to be solely in charge of its affairs concerning support for the provision and use of public data. In such cases, the organization solely in charge shall closely cooperate with the Public Data Utilization Support Center established under Article 13.

Article 13(Public Data Utilization Support Center) #

(1) To support the efficient provision and active use of public data, the Public Data Utilization Support Center (hereinafter referred to as the "Utilization Support Center") shall be established and operated within the National Information Society Agency under Article 12 of the Framework Act on Intelligent Informatization. <Amended on Jun. 9 2020.>

(2) The Utilization Support Center shall perform the following duties: <Amended on Jan. 6 2016; May 16 2023.>

1. Surveys on and research for policies and systems for the provision and use of public data;

2. Surveys and analysis of statistics related to the provision and use of public data;

3. Support for processing and management of public data to be provided;

4. Support for the formulation and implementation of master plans and implementation plans;

5. Public relations for use of public data and support for business start-up under Article 14;

6. Support for cooperation with the private sector and other countries regarding public data under Articles 15 and 16;

6-2. Support for investigations into the actual conditions of developing and providing overlapping or similar services under Article 15-3;

7. Assistance in obtaining authorization to use copyrighted works and other public data under Article 17 to promote the provision and use thereof;

8. Assistance in registering the lists of public data under Article 18 and for the management of information so registered;

9. Support for the announcement of the lists of public data to be released under Article 19, and list information services;

10. Promoting the building, management, and utilization of the public data portal under Article 21;

11. Support for the diagnosis, evaluation, and improvement of the quality of public data under Article 22;

12. Support for the standardization of public data under Article 23;

13. Support for improving the forms of providing public data and for establishing the means of providing such data under Article 24;

14. Education and training related to public data under Article 25;

15. Consultation on support for the provision or use of public data, and the provision of public data as proxy, under Articles 26 and 27;

16. Support for the operation of the Committee on Mediation of Disputes over Provision of Public Data under Article 29;

17. Other matters necessary to support the efficient provision and active use of public data.

(3) The Government may reimburse expenses incurred in operating the Utilization Support Center and in performing the affairs in paragraph (2), within budgetary limits.

(4) No institution, other than the Utilization Support Center, shall use any name that includes the words "Public Data Utilization Support Center" or similar.

(5) Other matters necessary for the Utilization Support Center shall be prescribed by Presidential Decree.

Article 14(Promoting use of public data) #

(1) The Government may promote the following activities to raise citizens' awareness about the use of public data and to promote the use thereof: <Amended on Jan. 6, 2016>

1. Discovery of, and rewards and public relations for success cases regarding the use of public data;

2. Holding forums and seminars to promote the use of public data;

3. Other activities necessary to raise citizens’ awareness about the use of public data and promotion thereof.

(2) To facilitate the use of public data, the Government may promote starting up businesses that use public data and provide support necessary for the cultivation and development of business founders. <Added on Jan. 6, 2016>

(3) Matters necessary for eligibility, methods, procedures, etc., for support referred to in paragraph (2) shall be prescribed by Presidential Decree. <Added on Jan. 6, 2016>

[Title Amended on Jan. 6, 2016]

Article 15(Cooperation with private sector) #

The head of a public institution may provide services to promote the provision and use of public data in cooperation with individuals, enterprises, organizations, etc.

Article 15-2(Preventing development or provision of overlapping or similar services) #

(1) No head of any public institution shall use public data with a view to developing or providing any service overlapping with or similar to those provided by any individual, enterprise, organization, etc.

(2) The head of a public institution shall develop a plan to prevent the development and provision of overlapping or similar services, and ascertain whether a new service constitutes a redundant or similar investment before developing or providing that service.

[This Article Added on Jan. 6, 2016]

Article 15-3(Investigations into actual conditions of development and provision of overlapping or similar services) #

(1) The Minister of the Interior and Safety shall periodically investigate the actual conditions of the development and provision of overlapping or similar services by public institutions, and report the result to the Strategy Committee. <Amended on Jul. 26, 2017>

(2) The Minister of the Interior and Safety shall recommend a public institution to take measures for improvement or correction based on findings from investigation into actual conditions under paragraph (1), if the Strategy Committee so resolves through deliberation. <Amended on Jul. 26, 2017>

(3) Upon receipt of the recommendation under paragraph (2), the head of a public institution shall, pay regard to the recommendation and notify the Minister of the Interior and Safety of a plan for implementing the recommendation not later than 90 days after the date of receipt of the recommendation. In such cases, if he or she can not comply with the recommendation, he or she shall notify the Minister of the Interior and Safety of the reasons therefor. <Amended on Jul. 26, 2017>

(4) The period, methods, procedures, etc., for investigations into actual conditions in paragraph (1), and matters necessary for recommendations, etc., for improvement or correction under paragraph (2), shall be prescribed by Presidential Decree.

[This Article Added on Jan. 6, 2016]

Article 16(International cooperation) #

A public institution may ascertain global trends regarding promoting the provision and use of public data and promote international cooperation in relation to the following:

1. Support for the international exchange of technologies and human resources related to public data;

2. Support for the international standardization of public data and for international collaborative research and development projects;

3. Cooperation with international organizations and foreign governments in relation to public data;

4. Support for international cooperation in the private sector, regarding public data;

5. Other matters for promoting the provision and use of public data.

Article 17(Scope of public data to be released) #

(1) The head of a public institution shall provide to the public the public data held and managed by the institution; provided, this shall not apply where the data contains any of the following information:

1. Information subject to non-disclosure under Article 9 of the Official Information Disclosure Act;

2. Information that includes any third person's right protected under the Copyright Act or any other statute or regulation and the use of which is not duly authorized under the relevant statutes or regulations.

(2) Notwithstanding paragraph (1), if the information referred to in the subparagraphs of paragraph (1), is technically separable, the head of the relevant public institution shall exclude such information when providing its public data.

(3) The Minister of the Interior and Safety may propose a plan for obtaining authorization to use the public data excluded from provision, classified as involving any third person’s right under paragraph (1) 2, and the heads of public institutions shall take necessary measures according to such plan. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 18(Registration of lists of public data) #

(1) The head of a public institution shall register a list of public data falling under the jurisdiction of the public institution with the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) The Minister of the Interior and Safety may examine as to whether any omission exists in the registration pursuant to paragraph (1), and request the relevant head to register a list of omitted public data, if any. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) The Minister of the Interior and Safety shall manage and provide information on the lists of public data registered pursuant to paragraphs (1) and (2), upon classifying them by content, form, and subject matter for the convenience of use. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(4) The Minister of the Interior and Safety shall build and operate a registration management system of public data lists on the public data portal under Article 21 to efficiently implement policies to manage public data systematically and to promote the provision and use thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 19(Announcement of information on lists of public data) #

(1) The Strategy Committee shall deliberate and pass a resolution on a list of public data to be released among those included in the lists of public data registered pursuant to Article 18.

(2) The Minister of the Interior and Safety shall compile and announce the lists of public data to be released following deliberation and resolution by the Strategy Committee in paragraph (1), the conditions of use thereof, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) The head of a public institution shall prepare lists, conditions of use, etc., of public data to be released under his or her jurisdiction, which are announced under paragraph (2), for the convenience of users and post them on the web site of the public institution.

(4) The head of a public institution that holds public data announced pursuant to paragraph (2) shall register such public data on the public data portal under Article 21.

(5) Other matters necessary for the compilation and announcement of public data lists shall be prescribed by Presidential Decree.

Article 20(Exclusion of public data from lists) #

(1) The head of a public institution may request the Minister of the Interior and Safety to exclude public data from the list thereof, if: <Amended on Nov. 19, 2014; Jul. 26, 2017>

1. The information system for creating and managing the public data or the relevant services are discontinued;

2. The public data includes information provided in any subparagraph of Article 17 (1), due to the enactment or amendment of law or a change to the relevant service or on other grounds;

3. The head of the public institution deems it necessary to exclude the public data from the relevant list.

(2) The Minister of the Interior and Safety may refer a request made under paragraph (1) to exclude public data from the list thereof, to the Strategy Committee for deliberation and exclude them from the list following a resolution by the Strategy Committee, and he or she shall, following the Strategy Committee’s decision on such exclusion, announce the data to be excluded from the list and the grounds for exclusion for the convenience of users. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) If the Minister of the Interior and Safety determines to exclude public data from the list thereof pursuant to paragraph (2), he or she shall implement such determination immediately after the announcement of such exclusion, unless there is a compelling reason not to do so. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 21(Operation of public data portal) #

(1) The Minister of the Interior and Safety shall build, manage, and promote the utilization of, an integrated system for provision of public data (hereinafter referred to as "public data portal") to ensure the efficient provision of such public data. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) The Minister of the Interior and Safety may request the heads of public institutions to provide cooperation necessary for building and operating the public data portal, such as linking public data and provision of public data. In such cases, the heads of the public institutions so requested shall comply therewith, unless there is a compelling reason not to do so. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) Building, management, and promotion of utilization of public data portals and other necessary matters shall be prescribed by Presidential Decree.

Article 22(Quality control of public data) #

(1) The head of a public institution shall take measures necessary to ensure the stable quality control and appropriate level of quality of the public data generated or acquired and managed by the public institution.

(2) The Minister of Science and ICT and the Minister of the Interior and Safety shall establish and implement necessary policies to diagnose, evaluate, and support the improvement of, the quality of public data in order to maintain the quality of such public data at an appropriate level and to promote the provision thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) Pursuant to paragraph (2), the Minister of the Interior and Safety may regularly diagnose and evaluate the quality of the public data to be released, which may have substantial ripple effects on society and the economy, in consultation with the Minister of Science and ICT, and may publicize the results thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(4) Other matters necessary for diagnosis, evaluation, etc., of the quality of public data shall be prescribed by Presidential Decree.

Article 23(Standardization of public data) #

(1) The Minister of the Interior and Safety shall formulate and implement standards for the following matters, to promote the provision and use of public data and to manage it more efficiently, in consultation with the Minister of Science and ICT; provided, the same shall not apply where any public data standards are included in the Korean Industrial Standards under the Industrial Standardization Act: <Amended on Nov. 19, 2014; Jul. 26, 2017>

1. Forms to provide public data and technologies for provision;

2. A system for classifying provision of public data;

3. Other matters necessary for promoting the provision and use of public data.

(2) The head of a public institution shall comply with the standards in paragraph (1), and the Minister of the Interior and Safety may investigate whether the head of a public institution complies with the standards and request him or her to take corrective measures, if necessary. Upon receipt of a request to take corrective measures, the head of the public institution shall comply therewith, unless there is a compelling reason not to do so. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 24(Establishment of foundation for provision of public data) #

(1) The head of a public institution shall endeavor to maintain public data in a machine-readable form to ensure the efficient use thereof.

(2) The head of a public institution shall devise means to provide public data utilizing various information technologies to ensure that such public data is accessible and available to users.

(3) The Government may provide administrative, technical, and financial support necessary to improve the forms to provide public data and to devise means for provision thereof under paragraphs (1) and (2).

Article 25(Education and training about public data) #

(1) The Minister of the Interior and Safety shall formulate education and training policies to improve the expertise and ability of public officials, executives, and employees of public institutions engaged in managing and providing public data. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) The Government may conduct user education to promote the sound use of public data and to prevent the misuse or abuse of public data that may impair public interest or citizens’ rights and interests.

(3) Other matters necessary for conducting education and training about public data shall be prescribed by Presidential Decree.

Article 26(Provision of public data) #

(1) Any person who intends to use public data may obtain such public data from the competent public institution, the public data portal, etc., if such public data is included in public data releases announced under Article 19; provided, he or she shall file a separate application for provision pursuant to Article 27 to obtain public data not included in the announced list of public data releases.

(2) No head of any public institution shall refuse to provide public data on grounds that such public data is included in the scope of services that the public institution is developing and providing or plans to develop.

(3) The head of a public institution has no duty to provide public data by creating, altering, processing, summarizing, or extracting it additionally, although requested so by a user.

(4) Other matters necessary for the provision of public data shall be prescribed by Presidential Decree.

Article 27(Applications for provision of public data, other than announced public data releases) #

(1) Any user who intends to obtain public data excluded from the list of public data releases shall file an application with the head of the competent public institution or the Utilization Support Center for the provision of such public data, as prescribed by Presidential Decree.

(2) Upon receipt of an application to provide public data pursuant to paragraph (1), the Utilization Support Center shall immediately transmit the application to the competent public institution.

(3) Upon receipt of an application to provide public data pursuant to paragraphs (1) and (2), the head of the public institution shall examine whether the public data includes any information referred to in any subparagraph of Article 17 (1) and shall determine whether to provide such data, within ten days from receipt of the application.

(4) If the head of a public institution is unable to determine whether to provide public data within the period set under paragraph (3), due to unavoidable circumstances, he or she may extend the period for such determination by up to another 10 days, counting from the date following the expiration of the initial period. In such cases, the head of the public institution shall promptly notify the applicant of such extension and the grounds therefor.

(5) If the head of a public institution determines to provide public data pursuant to paragraph (3), he or she shall promptly notify the applicant of the methods of, and procedures for provision thereof and other matters, and register the list of the public data pursuant to Article 18.

(6) If the head of a public institution determines not to provide public data pursuant to paragraph (3), he or she shall promptly notify the applicant and the Minister of the Interior and Safety of the details of, and grounds for such decision. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 28(Suspending provision of public data) #

(1) The head of a public institution may suspend the provision of public data in any of the following cases: <Amended on May 16 2023>

1. A user is likely to substantially hinder the inherent functions of the public institution due to a violation of any of the conditions of use of public data announced under Article 19;

2. The use of the public data substantially infringes on any third person’s right;

3. The public data is used in a crime or other offence;

4. Other cases deemed inappropriate for the management or use of public data, as determined by the Public Data Dispute Mediation Committee under Article 29.

(2) If the head of a public institution requests that public data be excluded from the list thereof to the Minister of the Interior and Safety on grounds of any of the subparagraphs of Article 20 (1), he or she may take measures to suspend the provision of the public data prior to deliberation and resolution by the Strategy Committee. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) If the provision of public data is suspended under paragraph (1), the relevant user may be provided with such data pursuant to Article 26 after the ground for suspension ceases.

(4) Procedures for, and methods of suspending the provision of public data and other necessary matters shall be prescribed by Presidential Decree.

Article 29(Establishment and composition of the Public Data Dispute Mediation Committee) #

(1) A Public Data Dispute Mediation Committee (hereinafter referred to as the "Dispute Mediation Committee") shall be established under the Strategy Committee to mediate disputes over the refusal to provide public data by public institutions and the suspension of provision thereof, and over the refusal to provide data under Article 13 of the Data-Based Administration Promotion Act. <Amended on Nov. 19, 2014; Jul. 26, 2017; May 16, 2023>

(2) The Dispute Mediation Committee shall be composed of up to 25 members, including 1 chairperson, who are commissioned by the Minister of the Interior and Safety from among the following persons and who possess extensive knowledge of and experience in public data, data-based administration, and related fields; and one of the members shall serve as a standing member: <Amended on Nov. 19 2014; Jul. 26 2017; May 16 2023.>

1. A person who is currently serving or has served as a member of the Senior Executive Service of a central administrative agency in charge of public data and data-based administration, or in an equivalent position in the public sector or a relevant organization, and who has experience in duties related to public data and data-based administration;

2. Persons with at least five years’ experience as judge, public prosecutor, attorney-at-law, or patent attorney;

3. Persons who serve or have served as at least associate professor in universities and colleges or hold or have held other equivalent positions in research institutes officially recognized;

4. A person with extensive knowledge of and experience in public data, data-based administration, or related fields, as recognized by the Minister of the Interior and Safety.

(3) The chairperson shall be appointed by the Minister of the Interior and Safety from among non-public official members. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(4) The term of office of members shall be two years, which may be renewed for only one further term; provided, a member who is newly commissioned to fill a vacancy arising due to resignation, etc., of an existing member, shall serve for the remainder of his or her predecessor’s term of office.

(5) No member shall be dismissed from office against his or her will, unless he or she becomes disqualified as prescribed in Article 33 of the State Public Officials Act.

(6) The Dispute Mediation Committee may organize and operate a mediation panel comprised of five to seven mediators, if necessary to mediate disputes efficiently. In such cases, any resolution passed by the mediation panel with respect to any case entrusted by the Dispute Mediation Committee shall be deemed passed by the Dispute Mediation Committee.

(7) Meetings of the Dispute Mediation Committee or the mediation panel shall be opened with a majority of all incumbent members present, and resolutions shall be passed with the affirmative vote of a majority of those present. The resolution process shall be closed to the public but may be made open to the public upon the affirmative vote of a majority of the members present.

(8) A secretariat shall be established in the Utilization Support Center to assist in the affairs of the Dispute Mediation Committee.

(9) Except as provided in this Act, matters necessary for the operation of the Dispute Mediation Committee shall be prescribed by Presidential Decree.

[Title Amended on May 16, 2023]

Article 30(Disqualification of, challenge to, and recusal of, members) #

(1) Where a member of the Dispute Mediation Committee falls under any of the following subparagraphs, he or she shall be disqualified from deliberating and resolving a dispute mediation case (hereinafter referred to as the “case”) filed with the Committee under Article 31 (1):

1. Where the member or his or her current or former spouse is a party or joint right holder or obligor to the case;

2. Where the member is a current or former relative of a party to the case;

3. Where the member has provided expert testimony, appraisal, or legal advice for the case;

4. Where the member is or was involved as a representative of a party to the case.

(2) Where a party has reasonable grounds to believe that it would be impracticable to expect a fair deliberation and resolution from a member, the party may file a challenge with the chairperson. In such cases, the chairperson shall determine the challenge through a resolution of the Dispute Mediation Committee.

(3) If a member falls under paragraph (1) or (2), he or she may recuse him or herself from the deliberation and resolution on the case.

Article 31(Applications for dispute mediation and processing period) #

(1) Any person against whom the provision of public data is refused or suspended, may file an application for dispute mediation with the Dispute Mediation Committee within 60 days from the date the relevant disposition is made.

(2) Upon receipt of an application for dispute mediation from a party, the Dispute Mediation Committee shall inform the other party of the details thereof.

(3) The Dispute Mediation Committee shall examine an application for dispute mediation in paragraph (1) and prepare a mediation plan within 30 days from receipt of such application; provided, it may extend the processing period upon resolution by the Dispute Mediation Committee, in unavoidable circumstances.

(4) If the Dispute Mediation Committee extends the processing period pursuant to the proviso to paragraph (3), it shall promptly inform the applicant of the grounds for such extension and other relevant details.

Article 32(Mediation of disputes) #

(1) The Minister of the Interior and Safety may direct subordinate public officials to investigate the facts of a case filed under Article 31 (1). <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) Any public official directed by the Minister of the Interior and Safety under paragraph (1), may request a public institution to submit data for investigating the fact and if necessary, to provide cooperation in conducting an on-site investigation. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) A request for data and cooperation in paragraph (2) shall be limited to the minimum extent necessary for the pertinent dispute mediation case, and the head of the public institution, in receipt of such request, shall comply therewith, unless there is a compelling reason not to do so.

(4) If necessary, the Dispute Mediation Committee may require an applicant and a person in charge of affairs of the relevant public institution to appear to state their opinions.

(5) If necessary, the Dispute Mediation Committee may recommend an applicant and a public institution to agree on the provision and use of public data upon mutual consultation.

(6) The Dispute Mediation Committee shall provide a mediation plan to both parties immediately upon the formulation of such plan in consideration of the investigation of facts and opinions under paragraphs (1) through (4); and if any of the parties provided with the mediation plan fails to inform the Committee whether it accepts such plan within 15 days from receipt of the plan, the mediation plan shall be deemed rejected.

(7) The head of a public institution shall comply with a mediation plan presented by the Dispute Mediation Committee, unless there is a compelling reason not to do so; and shall not be accorded any unfavorable treatment, such as disciplinary measures, on account of such compliance, nor be liable to compensate any damage.

(8) If both parties accept a mediation plan, the Dispute Mediation Committee shall prepare a mediation agreement, which shall be signed by the chairperson of the Dispute Mediation Committee and both the parties.

(9) Any mediation agreement prepared under paragraph (8) shall have the same effect as judicial settlement.

Article 33(Refusal and suspension of mediation) #

(1) The Dispute Mediation Committee may reject the mediation of a dispute if deemed inappropriate to mediate the dispute due to its nature or that such mediation is filed for any illegal purpose. In such cases, it shall inform the applicant of the grounds for refusal of the mediation and other relevant matters.

(2) If either of the parties institutes a lawsuit during the processing of an application for mediation filed, the Dispute Mediation Committee shall suspend the mediation process and inform the parties thereof.

Article 34(Mediation procedures) #

(1) Except as otherwise expressly provided for in Articles 31 through 33, matters necessary for the methods and procedures for dispute mediation, the handling of mediation-related affairs, etc., shall be prescribed by Presidential Decree.

(2) Except as provided in this Act, the Judicial Conciliation of Civil Disputes Act shall apply mutatis mutandis to the operation of the Dispute Mediation Committee and procedures for dispute mediation.

Article 35(Charging costs) #

(1) The head of a public institution and the Utilization Support Center may charge users the minimum costs required for provision of public data.

(2) The scope of costs in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.

Article 36(Immunity) #

(1) With respect to the provision of public data, any relevant public institution and public officials affiliated therewith and executives officers and employees shall be exempted from any civil or criminal liability for losses sustained by users or third persons on grounds of the quality of the public data (excluding cases of loss incurred intentionally or by gross negligence); the exclusion of the public data from the list under Article 20; the suspension of the provision of public data under Article 28; the temporary suspension of the provision of public data for business reasons, etc.

(2) If the relevant public official, executive, or employee has conscientiously performed their duties in compliance with the procedures under this Act, no one shall be accorded any unfavorable treatment under the State Public Officials Act and other statutes or regulations.

(3) If public data involving any third person’s right is provided to a user, the user shall not be liable for any loss sustained by the third person who holds the right; provided, this shall not apply to any person who uses public data foreknowing that the public data involves a third person’s right.

Article 37(Requests to submit data) #

The Minister of the Interior and Safety may request the head of a relevant public institution (excluding the National Assembly, courts, the Constitutional Court, and the National Election Commission) to submit data concerning the provision and use of public data, as deemed necessary. In such cases, the head of the public institution, in receipt of such request, shall comply therewith, unless there is a compelling reason not to do so. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 38(Entrustment of authority) #

(1) The Minister of the Interior and Safety entrust part of his or her affairs under this Act to the heads of public institutions, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) The head of a public institution may entrust any of his or her duties in connection with Articles 17 (3), 22, 24, 26, and 27 to the Utilization Support Center.

Article 39(Regulations on delegation) #

Matters necessary for enforcing this Act shall be prescribed by National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulation, and Presidential Decree.

Article 40(Administrative fines) #

(1) Any person who uses a name that includes the words "Public Data Utilization Support Center" or similar, in violation of Article 13 (4), shall be subject to an administrative fine not exceeding 5 million won.

(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017>