ENFORCEMENT DECREE OF THE THREE-DIMENSIONAL PRINTING INDUSTRY PROMOTION ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Three-Dimensional Printing Industry Promotion Act and matters necessary for the enforcement thereof.

Article 2(Formulation of Implementation Plans) #

(1) The head of a related central administrative agency shall formulate a detailed implementation plan (hereinafter referred to as "implementation plan") under Article 5 (4) of the Three-Dimensional Printing Industry Promotion Act (hereinafter referred to as the "Act"); and shall submit the plan to the Minister of Science and ICT by not later than January 31 each year. <Amended on Jul. 26, 2017>

(2) If the Minister of Science and ICT deems it necessary to ensure that an implementation plan, submitted under paragraph (1), conforms to the master plan for promoting the three-dimensional printing industry under Article 5 (1) of the Act (hereinafter referred to as "master plan"), he or she may request the head of the related central administrative agency to revise, amend, or adjust the implementation plan. <Amended on Jul. 26, 2017>

(3) When the Minister of Science and ICT formulates or amends the master plan, he or she shall publish the master plan on the website of the Ministry of Science and ICT. <Amended on Jul. 26, 2017>

(4) When the head of a related central administrative agency formulates or amends an implementation plan, he or she shall publish the implementation plan on the website of the central administrative agency.

Article 3(Designation and Operation of Institutions Specialized in Promoting Industry) #

(1) The head of a central administrative agency in charge of any field of work related to the three-dimensional printing industry (hereinafter referred to as "relevant central administrative agency") may designate the following institutions as specialized institutions so as to effectively implement policies on promoting the three-dimensional printing industry pursuant to Article 6 (1) of the Act. In such cases, the head of the relevant central administrative agency shall consult with the Minister of Science and ICT thereon: <Amended on Jul. 26, 2017>

1. The National IT Industry Promotion Agency under Article 26 of the Information and Communications Technology Industry Promotion Act;

2. The Korea Institute for Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act;

3. Other organizations the head of the relevant central administrative agency deems equipped with specialized human resources and organizations necessary for executing tasks for promoting the three-dimensional printing industry.

(2) A person designated as a specialized institution under Article 6 (1) of the Act shall submit a business plan for the relevant year and a performance report for the preceding year, to the head of the central administrative agency that designated the specialized institution, by not later than January 31 each year.

Article 4(Designation of Certifying Institutions) #

(1) The head of the relevant central administrative agency may designate an institution that meets all the following requirements as a certifying institution under Article 10 (2) of the Act (hereinafter referred to as "certifying institution"). In such cases, the head of the relevant central administrative agency shall consult with the Minister of Science and ICT thereon: <Amended on Jul. 26, 2017>

1. The institution shall have an organizational structure and human resources necessary for certifying quality under Article 10 (1) of the Act (hereinafter referred to as "quality certification");

2. The institution shall provide facilities necessary for quality certification and an environment necessary for operating such facilities;

3. The institution shall provide evaluation procedures for conducting quality certifications.

(2) When the head of the relevant central administrative agency designates a certifying institution or revokes such designation under Article 10 (2) or (5) of the Act, he or she shall publish relevant facts on the website of the central administrative agency.

(3) Except as provided in paragraphs (1) and (2), detailed matters necessary for designating certifying institutions and revoking such designation, shall be determined and publicly notified by the head of the relevant central administrative agency for each field subject to quality certification. In such cases, the head of the relevant central administrative agency shall consult with the Minister of Science and ICT thereon: <Amended on Jul. 26, 2017>

Article 5(Procedures for Quality Certification) #

(1) A person who wishes to obtain quality certification pursuant to Article 10 (3) of the Act, shall prepare an application for quality certification, in the form prescribed and publicly notified by the head of the relevant central administrative agency that conducts quality certifications and shall submit the application to the head of a certifying institution. In such cases, the application for quality certification shall state the following matters:

1. The applicant's name (referring to the name of the corporation and the name of its representative, if the applicant is a corporation);

2. Address of the applicant's office and his or her contact information;

3. The name and model name of the product subject to quality certification.

(2) "Quality standards prescribed by Presidential Decree" in Article 10 (3) of the Act means the following standards: <Amended on Jul. 26, 2017>

1. Equipment for three-dimensional printing: It shall be capable of accurately producing three-dimensional drawings or materializing three-dimensional shapes;

2. Materials for three-dimensional printing: The materials shall have special features that make it possible to accurately materialize three-dimensional shapes;

3. Software for three-dimensional printing:

(a) It shall perform its functions accurately;

(b) The level of reliability, efficiency, convenience in use, maintenance, and repair, and easiness in transplantation shall not be lower than the standards determined and publicly notified by the Minister of Science and ICT.

(3) When the head of a certifying institution grants quality certification or revokes quality certification, he or she shall publish the relevant facts on the website of the certifying institution.

(4) Except as otherwise expressly provided for in paragraphs (1) through (3), detailed matters concerning quality certification shall be determined and publicly notified by the head of the relevant central administrative agency in charge of certification of the quality of the relevant products. In such cases, the head of the relevant central administrative agency shall consult with the Minister of Science and ICT thereon: <Amended on Jul. 26, 2017>

Article 6(Standards for Establishing General Support Center for Three-Dimensional Printing and Operating Center) #

(1) The standards for establishing a general support center for three-dimensional printing under Article 13 (1) of the Act, are as follows:

1. The center shall be a nonprofit corporation or organization;

2. The center shall have an organizational structure, human resources, and equipment necessary for efficiently assisting in activities, etc. of starting up new businesses related to three-dimensional printing.

(2) When the head of the relevant central administrative agency intends to establish a general support center for three-dimensional printing, he or she shall consult with the Minister of Science and ICT thereon. <Amended on Jul. 26, 2017>

(3) When the head of the relevant central administrative agency establishes a general support center for three-dimensional printing, he or she shall publish the name, location, and contact information of the general support center on the website of the central administrative agency.

(4) The head of a general support center shall submit an annual operation plan and semi-annual reports on the status of operation and performance to the head of the relevant central administrative agency who established the general support center as follows:

1. An annual operation plan: By January 1 each year;

2. A semi-annual report on the status of operation and performance: By the end of the month immediately following the relevant half-year.

Article 7(Preferential Purchase of Products Related to Three-Dimensional Printing) #

The head of the relevant central administrative agency may request the following persons to take necessary measures for products, etc., related to three-dimensional printing, such as preferential purchase:

1. A State agency or a local government;

2. A public institution in accordance with the Act on the Management of Public Institutions;

3. A person who receives financial support, such as contributions and subsidies, from the State or a local government.

Article 8(Reporting of Three-Dimensional Printing Service Business) #

(1) A person who intends to operate a three-dimensional printing service business (excluding a small-scale three-dimensional printing service business operator with capital not exceeding 100 million won or with not more than five workers including the business operator, who is deemed to have reported the relevant three-dimensional printing service business pursuant to Article 15 (2)) shall, pursuant to the former part of Article 15 (1) of the Act, submit a report on the three-dimensional printing service business in the form prescribed by Ordinance of the Ministry of Science and ICT, describing all the following matters therein: <Amended on Jul. 26, 2017; Jan. 3, 2023>

1. The business operator's name (if the reporting person is a corporation, referring to the name of the corporation and the name of its representative);

2. The business operator's trade name;

3. Address of the person's office and his or her contact information;

4. Number of workers;

5. Status of equipment for three-dimensional printing in inventory;

6. Category of enterprise by scale;

7. Other matters necessary for filing a report on the three-dimensional printing service business, which are prescribed by Ordinance of the Ministry of Science and ICT.

(2) "Requirements prescribed by Presidential Decree" in the former part of Article 15 (1) of the Act means the following requirements: <Amended on Jan. 3, 2023>

1. There shall be at least one worker, including the business operator;

2. There shall be at least one unit of three-dimensional printing machine; in such cases, if the license is secured through a lease contract or a contract for joint use, the relevant machine shall be deemed possessed during the term of such contract.

(3) Upon receipt of a report of a three-dimensional printing service business under paragraph (1), the Minister of Science and ICT shall accept the report after reviewing it, if the business meets the requirements under paragraph (2). <Amended on Jul. 26, 2017>

(4) Except as provided in paragraphs (1) through (3), matters necessary for reporting a three-dimensional printing service business, etc., shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Jul. 26, 2017>

Article 9(Reporting Changes in Three-Dimensional Printing Service Business) #

(1) If a person who has reported a three-dimensional printing service business pursuant to the former part of Article 15 (1) of the Act intends to report a change pursuant to the latter part of the same paragraph, he or she shall submit a report on the change in the three-dimensional printing service business to the Minister of Science and ICT in the form prescribed by Ordinance of the Ministry of Science and ICT, along with the certificate of reporting of the three-dimensional printing service business. <Amended on Jul. 26, 2017>

(2) "Material facts prescribed by Presidential Decree" in the latter part of Article 15 (1) of the Act, means the following matters:

1. The representative's name (applicable only where the reporting person is a corporation);

2. The business operator's trade name;

3. Address of the person's office and his or her contact information.

(3) If no defect exists in any details of a report filed for a change under paragraph (1) and its accompanying documents, the duty to report the change shall be deemed fulfilled at the time the report on the change is delivered to the Minister of Science and ICT. <Amended on Jul. 26, 2017>

(4) Except as provided in paragraphs (1) through (3), matters necessary for reporting changes, etc. in a three-dimensional printing service business shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Jul. 26, 2017>

Article 10(Reporting Closing Three-Dimensional Printing Service Business) #

(1) Pursuant to Article 15 (3) of the Act, a person who intends to permanently close a three-dimensional printing service business shall submit a report on closing business of the three-dimensional printing service business to the Minister of Science and ICT, in the form prescribed by Ordinance of the Ministry of Science and ICT, along with the certificate of reporting of the three-dimensional printing service business. <Amended on Jul. 26, 2017>

(2) If no defect exists in any details of a report filed for closure of business under paragraph (1) and its accompanying documents, the duty to report the closure of business shall be deemed fulfilled at the time the report on the closure of business is delivered to the Minister of Science and ICT. <Amended on Jul. 26, 2017>

(3) Except as provided in paragraphs (1) and (2), matters necessary for reporting the closure of business of a three-dimensional printing service business shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Jul. 26, 2017>

Article 11(Entrusting Safety Education) #

(1) The Minister of Science and ICT may, pursuant to Article 18 (3) of the Act, entrust affairs related to safety education to an institution or organization that meets all the following requirements: <Amended on Jul. 26, 2017; Dec. 24, 2019>

1. The institution or organization shall provide educational courses for safety in three-dimensional printing;

2. The institution or organization shall be a safety and health educational institution registered pursuant to Article 33 (1) of the Occupational Safety and Health Act, which shall be a nonprofit corporation incorporated pursuant to Article 32 of the Civil Act.

(2) When the Minister of Science and ICT entrusts affairs related to safety education, he or she shall issue a certificate of entrustment to the relevant institution or organization; and shall publicly announce the name, representative, location, and contact information of the institution or organization through the Official Gazette. <Amended on Jul. 26, 2017>

Article 12(Suspending Business Operations) #

The criteria for closing a business establishment, and for suspending business operations under Article 22 (1) of the Act are as prescribed in attached Table 1.

Article 13(Hearings) #

When the Minister of Science and ICT intends to permanently close a business establishment under Article 22 (1) of the Act, he or she shall hold a hearing. <Amended on Jul. 26, 2017>

Article 14(Administrative Fines) #

Criteria for imposing administrative fines under Article 23 (1) of the Act shall be as specified in attached Table 2.