Article 42-7(Extension of regulatory exemption for demonstration) #
(1) A person who seeks to obtain an extension of the validity period of a regulatory exemption for demonstration under Article 38-5 (1) and (2) of the Act shall submit an application for extension of the validity period of the regulatory exemption for demonstration prescribed by Decree of the Ministry of Science and ICT, along with the following documents, to the Minister of Science and ICT:
1. A copy of the certificate of designation under Article 42-4 (5);
2. The status of the implementation of the plan for demonstration;
3. A statement of reasons for extending the regulatory exemption for demonstration;
4. Whether safety-related accidents have occurred and damages have been compensated for, in relation to the IC and IC convergence technologies and services in question;
5. A plan to extend the period of liability insurance or to revise compensation for damages;
6. Other matters deemed necessary by the Minister of Science and ICT for extending the regulatory exemption for demonstration.
(2) Where the Minister of Science and ICT extends the validity period of a regulatory exemption for demonstration under Article 38-5 (1) of the Act, the Minister shall issue a confirmation of extension of the validity of the regulatory exemption for demonstration prescribed by the Decree of the Ministry of Science and ICT to the applicant under paragraph (1).
(3) A person that intends to request the improvement of statutes and regulations related to a regulatory exemption under Article 38-5 (3) of the Act (hereafter in this Article referred to as "requester for statutory improvement") shall submit a request for statutory improvement as prescribed by Decree of the Ministry of Science and ICT, along with the following documents, to the Minister of Science and ICT and the head of the relevant agency:
1. Documents on the application of the regulatory exemption and the business results, which include each of the following:
(a) Whether the person has met the conditions for designation of the regulatory exemption for demonstration under the latter part of Article 38-2 (3) of the Act (applicable only to where conditions are attached);
(b) The status of the implementation of the plan for demonstration;
(c) Whether safety-related accidents have occurred and damages have been compensated for, in relation to the new IC and IC convergence technologies and services;
(d) Other materials recognized by the Minister of Science and ICT as data for determining the necessity of statutory improvement and the direction of improvement;
2. A plan to extend the period of liability insurance or a plan to revise compensation for damage (limited cases where it is intended to continue to engage in business for demonstration during the period in which the validity period of the regulatory exemption is deemed not to have expired under Article 38-5 (7) of the Act).
(4) Where the Minister of Science and ICT or the head of the relevant agency deems it necessary to supplement the request for statutory improvement under paragraph (3), he or she may request the requester for statutory improvement to submit additional data.
(5) Where the document required under paragraph (3) 2 is attached to the request for statutory improvement submitted under paragraph (3), the Minister of Science and ICT shall state to the effect in any of the following documents that the validity period of the regulatory exemption is deemed not to have expired during the period under paragraph (11) and shall issue it to the requester for statutory improvement:
1. The certificate of designation under Article 42-4 (5);
2. A confirmation of the extension of the regulatory exemption for demonstration under paragraph (2).
(6) Where the head of the relevant agency reviews whether the statutory improvement is necessary in accordance with Article 38-5 (4) of the Act, he or she shall comprehensively consider the following:
1. The level of users' benefits derived from the demonstration of the new IC and IC convergence technologies and services in question;
2. Whether safety-related accidents have occurred and damage has been incurred, in relation to the new IC and IC convergence technologies and services in question;
3. Industrial ripple effects and expected effects of the launch of the new IC and IC convergence technologies and services in question;
4. Other matters recognized necessary by the head of the relevant agency to review the necessity of statutory improvement.
(7) Where the Minister of Science and ICT requests the Regulatory Reform Committee to implement regulatory improvement or submits his or her opinion under Article 38-5 (5) of the Act, the head of the relevant agency shall immediately report to the Deliberative Committee the results of processing submitted to the Regulatory Reform Committee under Article 14 (2) of the Framework Act on Administrative Regulation which applies mutatis mutandis under Article 18 (2) of that Act.
(8) The Minister of Science and ICT shall prepare a notice of determination on statutory improvement prescribed by Decree of the Ministry of Science and ICT, informing the results that the head of the relevant agency has reported to the Deliberative Committee under Article 38-5 (4) of the Act and paragraph (7) of this Article and shall issue the notice to the request for statutory improvement; in such cases, the notice shall include the following:
1. Whether the statutory improvement is needed;
2. Whether the subject is eligible to apply for temporary permission under Article 37 of the Act;
3. The expiration date of the period during which the validity period of the regulatory exemption is deemed not to have expired under Article 38-5 (7) of the Act (excluding cases where the subject is eligible to apply for temporary permission under subparagraph 2).
(9) Where a requester for statutory improvement is notified that the relevant new IC and IC convergence technologies and services is eligible for temporary permission application under paragraph (8), the requester may apply for temporary permission with the Minister of Science and ICT in accordance with Article 37 of the Act by no later than the following dates, whichever comes later:
1. The date that is 3 months from the date of receipt of a notice of determination on statutory improvement under paragraph (8);
2. The expiration date of the term of validity under Article 42-5 (if the term of validity is extended pursuant to Article 38-5 (1) of the Act, referring to the extended term of validity).
(10) Where a requester for statutory implementation applies for temporary permission under paragraph (9), the Minister of Science and ICT may exempt the person from the submission of all or part of documents required to be attached to the application for temporary permission under Article 40 (1), considering whether any of such documents overlaps with those submitted when applying for a regulatory exemption for demonstration under Article 42-4 (1).
(11) The period necessary for the procedures prescribed in Article 38-5 (4) through (6) of the Act, in which the validity period of a regulatory exemption for demonstration is deemed not to have expired in accordance with Article 38-5 (7) of the Act, shall be the period from the date the request for statutory improvement is made under paragraph (3) to the following relevant date:
1. Where it is determined that statutory improvement is unnecessary: The date of expiration under paragraph (8) 3 or the date of receipt of a notice of determination on statutory improvement, whichever comes later;
2. Where it is determined that statutory improvement is necessary: The following relevant date:
(a) Where not eligible for application for temporary permission: The date of expiration under paragraph (8) 3 or the date of receipt of a notice of determination on statutory improvement, whichever comes later;
(b) Where eligible for application for temporary permission: The following relevant date:
(i) Where no application for temporary permission is filed: The expiration date of the period of application for temporary permission under paragraph (9);
(ii) Where an application for temporary permission is filed: The date of receipt of a notice of determination on temporary permission.
(12) Where the head of the relevant agency commences statutory improvement under Article 38-5 (4) of the Act (including where the head of the relevant agency commences statutory improvement, after examination by the Regulatory Reform Committee under paragraph (5) of that Article), and completes the statutory improvement notified as necessary under paragraph (8), he or she shall immediately notify the Minister of Science and ICT and the Minister of Government Legislation of the fact.
(13) Where the Minister of Science and ICT is notified of the completion of the statutory improvement under paragraph (12), he or she shall immediately notify the requester for statutory improvement.
(14) Paragraphs (3) 1 and (4) shall apply mutatis mutandis to the application of the regulatory exemption and the submission and supplementation of the business results under the former part of Article 38-5 (9) of the Act.
[This Article Added on Dec. 6, 2022]
[Previous Article 42-7 moved to Article 42-8 <Dec. 6, 2022>]