Article 37(Temporary permission) #
(1) A person that intends to conduct business using new IC and IC convergence technologies and services may, in either of the following cases, apply for temporary permission or other authorization (hereinafter referred to as "temporary permission") to the Minister of Science and ICT for commercialization, including market launch of the relevant technologies and services: <Amended on Oct. 16, 2018>
1. Where the statutes and regulations providing the basis for permission or other authorization do not provide for standards, specifications, requirements, etc. for the relevant new IC and IC convergence technologies and services;
2. Where it is unclear or unreasonable to apply the standards, specifications, requirements, etc. under the statutes and regulations providing the basis for permission or other authorization.
(2) Where permission or other authorization for new IC and IC convergence technologies and services cannot be granted due to either of the reasons under paragraph (1), the head of the relevant agency shall request temporary permission from the Minister of Science and ICT after hearing the applicant's opinion. <Added on Oct. 16, 2018>
(3) Upon an application under paragraph (1) or a request under paragraph (2), the Minister of Science and ICT shall consult with the head of the relevant agency and submit the issue to the Deliberative Committee with the results of the consultation; and may grant temporary permission for the new IC and IC convergence technologies and services following deliberation and resolution by the Deliberative Committee. In this case, the Minister of Science and ICT may attach necessary conditions to ensure the stability of the new IC and IC convergence technologies and services and to protect users. <Added on Oct. 16, 2018>
(4) Notwithstanding paragraphs (3), the Minister of Science and ICT may simplify the procedures according to the following categories if the content of an application under paragraph (1) is substantially identical or similar to the content, method, form, etc. of IC and IC convergence technologies and services for which temporary permission has been granted under paragraph (3) or regulatory exemptions for demonstration have been designated under Article 38-2 (3), as prescribed by Presidential Decree, after previous deliberation and resolution by the Deliberative Committee: <Added on Oct. 22, 2024>
1. Period for consultation with the head of the relevant agency under paragraph (3): Completion within 15 days;
2. Submission to the Deliberative Committee under paragraph (3) and deliberation and resolution by the Deliberative Committee: Submission to the specialized committee and deliberation and resolution by the specialized committee.
(5) The Minister of Science and ICT may designate an entity or organization that conducts tests and inspections or has relevant specialized professionals and technology as a testing and inspection agency for temporary permission. <Amended on Jul. 26, 2017; Oct. 16, 2018; Oct. 22, 2024>
(6) The validity period of temporary permission shall be prescribed by Presidential Decree, which shall not exceed 2 years; provided, if the statute and its regulations providing the basis for permission or other authorization for new IC and IC convergence technologies and services are not improved before the expiration of the validity period, the Minister of Science and ICT may extend the validity period once, and in this case, the person seeks to extend the validity period shall apply to the Minister of Science and ICT no later than 2 months before the expiration of the validity period. <Amended on Oct. 16, 2018; Oct. 22, 2024>
(7) The head of the relevant agency shall, before the expiration of the validity period of the temporary permission under paragraph (6), improve the statutes and regulations providing the basis for permission or other authorization for the relevant new IC and IC convergence technologies and services, and if the improvement of the statute and its regulations providing the basis for the permission or other authorization is not completed within the validity period of the temporary permission extended under paragraph (6), the validity period shall be deemed extended until the improvement of the statutes and regulations is completed: provided, this shall not apply if the improvement of the statutes and regulations requires an amendment to the statutes. <Added on Oct. 16, 2018; Jun. 8, 2021; Oct. 22, 2024>
(8) If the statutes and regulations providing the basis for permission or other authorization for the relevant new IC and IC convergence technologies and services are improved, a person that has obtained temporary permission shall obtain permission or other authorization in accordance with the statute and its regulations without delay. <Added on Oct. 16, 2018; Oct. 22, 2024>
(9) A person who intends to provide new IC and IC convergence technologies and services after obtaining temporary permission shall be liable for compensation if the technologies and services cause personal injury or property damage to users; provided, this shall not apply where the person that has obtained the temporary permission proves that he or she has not caused such damage by intent or negligence. <Amended on Oct. 16, 2018; Oct. 22, 2024>
(10) A person that has obtained temporary permission shall purchase liability insurance, etc. to assume liability for compensation under paragraph (9); provided, if the person cannot purchase the liability insurance, etc., he or she shall prepare a separate compensation plan in accordance with the compensation standards, methods, procedures, etc. prescribed by Presidential Decree. <Amended on Oct. 16, 2018; Oct. 22, 2024>
(11) A person that has obtained temporary permission shall notify the users of the relevant new IC and IC convergence technologies and services of the fact and validity period of the temporary permission. <Amended on Oct. 16, 2018; Oct. 22, 2024>
(12) The head of the relevant agency concerned with the temporary permission shall require public officials under his or her control participate in the examination procedures for the temporary permission and may submit an opinions on the temporary permission to the Minister of Science and ICT. <Amended on Oct. 16, 2018; Oct. 22, 2024>
(13) Matters necessary for examination standards, procedures, methods, etc. for temporary permission for new IC and IC convergence technologies and services shall be prescribed by Presidential Decree. <Amended on Oct. 16, 2018; Oct. 22, 2024>