Article 23(Designation and management of enterprises specializing in information security services) #
(1) The Minister of Science and ICT may designate a person deemed capable of conducting the following affairs safely and reliably, as an enterprise specializing in information security services: <Amended on Jul. 26, 2017>
1. Affairs concerning the analysis and evaluation of vulnerabilities of important information and communications infrastructure designated pursuant to Article 8 of the Act on the Protection of Information and Communications Infrastructure (hereafter in this Article, referred to as "important information and communications infrastructure");
2. Affairs concerning the formulation of measures for the protection of important information and communications infrastructure;
3. Other affairs prescribed by Presidential Decree in relation to information security services.
(2) A person who can be designated as an enterprise specializing in information security services must be a corporation.
(3) The Minister of Science and ICT shall examine the post management of an enterprise specializing in information security services designated pursuant to paragraph (1) annually from the date it is designated as the enterprise specializing in information security services. <Amended on Jul. 26, 2017>
(4) Where an enterprise specializing in information security services transfers its business or merges with another enterprise specializing in information security services, it shall report thereon to the Minister of Science and ICT. In such cases, a transferee or a corporation merged shall succeed to the status of the enterprise specializing in information security services when the Minister of Science and ICT accepts the report. <Amended on Jul. 26, 2017>
(5) Where an enterprise specializing in information security services suspends, closes or resumes its business, it shall report thereon to the Minister of Science and ICT by no later than 30 days prior to the date it intends to suspend or close its business, or to resume its business after the suspension of business. <Amended on Jul. 26, 2017>
(6) Where an enterprise specializing in information security services falls under any of the following cases, the Minister of Science and ICT may revoke the designation of the enterprise specializing in information security services, or may order the suspension of all or part of its business for a specified period of up to three months after hearings; provided, where it falls under any of subparagraphs 1, 2 and 4, he or she shall revoke the designation thereof: <Amended on Jul. 26, 2017>
1. Where it is designated by fraud or other improper means;
2. Where it fails to pass an examination of the post management under paragraph (3);
3. Where it fails to preserve records and data safely, in violation of paragraph (8);
4. Where it fails to meet criteria for designation under paragraph (10);
5. Where it causes difficulty in the operation of important information and communications infrastructure, by misusing or abusing information it has officially obtained.
(7) Where the Minister of Science and ICT deems it especially necessary for information security, he or she may require an enterprise specializing in information security services to submit related documents or data. <Amended on Jul. 26, 2017>
(8) An enterprise specializing in information security services shall preserve records and data it has prepared in relation to the affairs specified in the subparagraphs of paragraph (1), in a safe manner.
(9) Where the designation of an enterprise specializing in information security services under paragraph (1) is revoked or it closes its business, it shall return records and data related to the affairs referred to in the subparagraphs of paragraph (1) to the head of the relevant institution or enterprise, or destroy such records and data, and in the case of data unavailable or impossible to be returned, it shall specify the data to be destroyed and obtain approval therefor from the head of the relevant institution or enterprise before destroying such data.
(10) Necessary matters concerning designation under paragraph (1), examining post management under paragraph (3), transfer or merger under paragraph (4), reporting of suspension of business, etc. under paragraph (5), revocation of designation under paragraph (6), presentation of data under paragraph (7), procedures, methods, etc. for returning or destroying records and data under paragraph (9) shall be prescribed by Decree of the Ministry of Science and ICT. <Amended on Jul. 26, 2017>