Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Framework Act on Promotion of Data Industry and Data Utilization and matters necessary for the enforcement thereof.
Article 2(Formulation and promotion of master plans) #
(1) Where the Minister of Science and ICT formulates a master plan for the promotion of the data industry (hereinafter referred to as the "master plan") under Article 4(1) of the Framework Act on Promotion of Data Industry and Data Utilization (hereinafter referred to as the "Act") and finalizes it under paragraph (2) of that Article, the Minister shall notify it to the heads of relevant central administrative agencies and the heads of local governments.
(2) Where the Minister of Science and ICT intends to modify any of the following matters, among the master plan finalized under Article 4(2) of the Act, that has a significant impact on the promotion of production, transaction, and utilization of data, such modification shall be subject to deliberation by the National Data Policy Committee under Article 6 of the Act:
1. Matters involving at least 2 central administrative agencies or local governments;
2. Matters requiring budgetary measures exceeding the amount determined by the National Data Policy Committee under Article 6 of the Act.
(3) "Matters prescribed by Presidential Decree" in Article 4(3)10 of the Act means the following matters:
1. Matters regarding the improvement of laws and systems for the promotion of the data industry;
2. Matters regarding funding and investment direction for the promotion of the data industry;
3.Matters regarding research and development for the promotion of the data industry.
(4) The Minister of Science and ICT may request the head of a relevant central administrative agency or the head of a local government to submit relevant materials if necessary for the formulation and promotion of the master plan.
Article 3(Formulation of implementation plans) #
(1) The Minister of Science and ICT shall formulate an annual implementation plan for the promotion of the data industry under Article 5(1) of the Act (hereinafter referred to as "implementation plan") in consultation with the heads of relevant central administrative agencies.
(2) The Minister of Science and ICT shall finalize an implementation plan formulated under paragraph (1) by March 31 each year. <Amended on Oct. 16, 2024>
(3) Where the Minister of Science and ICT finalizes an implementation plan under paragraph (2), the Minister shall notify the heads of relevant central administrative agencies and the heads of local governments.
Article 4(Dismissal of members of National Data Policy Committee) #
(1) The Chairperson of the National Data Policy Committee under Article 6 of the Act (hereinafter referred to as the "Data Policy Committee") may, if a member commissioned under paragraph (3)2 of that Article (hereafter in this Article referred to as "commissioned member") falls under any of the following, dismiss the commissioned member:
1. Where the member becomes incapable of performing his or her duties due to mental or physical incapacity;
2. Where the member commits misconduct in connection with his or her duties;
3. Where the member is deemed unsuitable to serve as a committee member due to neglect of duty, injury to dignity, or any other reason;
4. Where the member expresses his or her intention that it is impractical for him or her to perform his or her duties.
(2) The term of office of a newly commissioned member due to the resignation, etc. of the commissioned member shall be the remainder of his or her predecessor's term of office.
Article 5(Operation of Data Policy Committee) #
(1) The Chairperson of the Data Policy Committee shall convene and preside over meetings of the Committee.
(2) Where the Chairperson of the Data Policy Committee intends to convene a meeting of the Committee, he or she shall notify each committee member of the date, time, location, and agenda of the meeting in writing (including electronic documents) no later than 7 days before the meeting is held; provided, if there is an urgent situation or unavoidable reason, notification may be provided by the day before the meeting date.
(3) Where the Chairperson of the Data Policy Committee may have relevant experts or public officials attend a meeting to hear their opinions if deemed necessary for deliberating on the matters specified in the subparagraphs of Article 6(1) of the Act.
(4) A meeting of the Data Policy Committee shall be held with the attendance of a majority of all incumbent members, and a resolution shall be passed with the concurrent vote of a majority of those present.
(5) Except as provided for in paragraphs (1) through (4), matters necessary for the operation of the Data Policy Committee shall be determined by the Chairperson following resolution by the Committee.
Article 6(Composition and operation of expert committees) #
(1) The Data Policy Committee may establish expert committees by field of expertise in order to efficiently review and support the deliberation of the matters specified in the subparagraphs of Article 6(1) of the Act.
(2) The types and functions of expert committees shall be determined by the chairperson of the Data Policy Committee through resolution by the Data Policy Committee.
(3) An expert committee is composed of up to 10 members commissioned by the Minister of Science and ICT, considering the field of expertise and the gender equality; and the chairperson of the expert committee shall be designated by the Minister of Science and ICT from among the members of the expert committee. <Amended on Oct. 16, 2024>
(4) The term of office of expert committee members shall be 2 years, and they may be reappointed only once; provided, the term of office of a member newly commissioned due to the resignation, etc. of a member shall be the remainder of his or her predecessor's term of office.
(5) The chairperson of an expert committee shall convene and preside over meetings of the committee; provided, if the chairperson of the expert committee is unable to perform his or her duties due to any unavoidable reason, a member in the order designated in advance by the chairperson of the expert committee shall act on behalf of the chairperson.
(6) Where the chairperson of an expert committee intends to convene a meeting of the expert committee, he or she shall notify each member of the expert committee of the meeting date, time, location, and agenda in writing (including electronic documents) no later than 7 days before the meeting is held; provided, if there is an urgent situation or unavoidable reason, notification may be given by the day before the meeting date.
Article 7(Allowances and travel expenses of Data Policy Committee) #
A committee member, relevant expert, or any other relevant person who attends a meeting of the Data Policy Committee or an expert committee may be paid allowances, travel expenses, and other necessary expenses within the budget; provided, the foregoing shall not apply if a public official attends such committee meeting in direct connection with his or her competent affairs.
Article 8(Composition and operation of secretariat) #
(1) A secretariat shall be established under the Ministry of Science and ICT under Article 6(6) of the Act (hereinafter in this Article referred to as the "secretariat") to assist the activities of the Data Policy Committee and handle the administrative affairs thereof.
(2) The secretariat shall have 1 secretary general, and the secretary-general shall be appointed by the Minister of Science and ICT from among public officials of the Ministry of Science and ICT.
(3) The secretary-general shall exercise general supervision over the affairs of the secretariat under the command of the Chairperson of the Data Policy Committee, and direct and supervise the employees under his or her jurisdiction.
(4) The Minister of Science and ICT may request the dispatch of public officials of relevant administrative agencies or executive officers and employees of relevant institutions, organizations, etc. if necessary for the operation of the secretariat.
Article 9(Promoting data production) #
The heads of relevant central administrative agencies shall provide the Minister of Science and ICT with the details of policies measures and related materials for promoting data production to ensure that the policy measures to promote data production by field and by type are reflected in the implementation plan under Article 9(4) of the Act.
Article 10(Policy measures on exchanges between industries and establishment of foundation for convergence with other fields) #
(1) Policy measures necessary for exchanges between industries, the establishment of a foundation for convergence with other fields under to Article 10(1) of the Act shall include the following:
1. Matters regarding exchanges between industries, such as establishment of related systems and measures to expand investment, and the establishment of a foundation for data convergence with other fields;
2. Matters regarding exchanges between industries, and the implementation of pilot projects related to the convergence of data with other fields, and commercialization of research and development;
3. Matters regarding exchanges between industries and dissemination and sharing of results related to data convergence with other fields;
4. Other matters deemed necessary by the Minister of Science and ICT and the Minister of the Interior and Safety for exchanges between industries and the establishment of a foundation for convergence with other fields.
(2) The Minister of Science and ICT shall reflect the details of the policy measures prepared under Article 10(1) of the Act in the implementation plan.
Article 11(Exchange and cooperation to facilitate data combination) #
The Minister of Science and ICT and the Minister of the Interior and Safety may form and operate a public-private consultative body together to promote exchange and cooperation necessary to promote the combination of public and private data under Article 10(2) of the Act.
Article 12(Designation and operation of data safe zones) #
(1) The Minister of Science and ICT and the head of a relevant central administrative agency may, upon receipt of an application from a corporation, organization, or institution, designate buildings or other facilities (virtual spaces created using cloud computing in accordance with the Development of Cloud Computing and Protection of Its Users) as a data safe zone under Article 11(1) of the Act (hereinafter referred to as "data safe zone"). In such cases, where the head of the relevant central administrative agency intends to designate a data safe zone, he or she shall consult with the Minister of Science and ICT in advance. <Amended on Oct. 16, 2024>
(2) The criteria for designating data safe zones are as follows:
1. It shall have technical, physical, and administrative security measures established in accordance with Article 11(5) of the Act;
2. It shall be equipped with equipment, etc. deemed necessary by the Minister of Science and ICT for data analysis and utilization.
(3) A corporation, organization, or institution seeks to obtain the designation of a data safe zone under paragraph (1) shall file an application for designation of a data safe zone with the Minister of Science and ICT or the head of the relevant central administrative agency along with the following documents (including electronic documents; hereinafter the same shall apply):
1. Data safe zone management plan;
2. Documents proving that the criteria specified in the subparagraphs of paragraph (2) are met.
(4) When the Minister of Science and ICT and the head of the relevant central administrative agency designate a data safe zone under paragraph (1), they shall notify the fact of designation to the corporation, organization, or institution that has filed the relevant application without delay and post it on the website of the relevant agency. The same shall also apply where the designation of a data safe zone is revoked under paragraph (6). <Amended on Oct. 16, 2024>
(5) A corporation, organization, or institution that has obtained the designation of a data safe zone under paragraph (1) (hereinafter in this Article referred to as "management agency") shall notify the Minister of Science and ICT or the head of the relevant central administrative agency of the performance and current status of management of the data security zone each year.
(6) The Minister of Science and ICT and the head of the relevant central administrative agency may revoke the designation of a data safe zone in any of the following cases; provided, in cases falling under subparagraph 1 or 2, the designation shall be revoked:
1. Where it obtains the designation by fraud or other improper means;
2. Where the management agency requests revocation of the designation or closes its business permanently;
3. Where the data security zone ceases to meet the criteria for designation prescribed in the subparagraphs of paragraph (2).
(7) Where the head of the relevant central administrative agency designates a data safe zone under paragraph (1) or revokes the designation under paragraph (6), he or she shall notify the Minister of Science and ICT of such fact. <Add on Oct. 16, 2024>
(8) Except as provided in paragraphs (1) and (7), matters necessary for the designation, operation, etc. of data safe zones shall be determined and publicly notified by the Minister of Science and ICT. < Added on Oct. 16, 2024>
Article 13(Establishment of security measures for data safe zones) #
(1) The technical, physical, and administrative security measures under Article 11(5) of the Act shall include the following:
1. Matters regarding technical and physical access control, such as the installation of an intrusion prevention system to block illegal access to data safe zones;
2. Matters regarding administrative measures, such as the designation of a person in charge of security and the restriction of access rights;
3. Matters regarding record management, such as access to and alteration of data;
4. Matters regarding measures to prevent data leakage, damage, destruction, forgery, falsification, etc.;
5. Other matters deemed necessary by the Minister of Science and ICT or the head of the relevant central administrative agency to ensure the safe and reliability of data safe zones.
(2) The Minister of Science and ICT may prepare detailed standards and procedures for the establishment and implementation of security measures under Article 11(5) of the Act and provide them to the heads of relevant central administrative agencies.
Article 14(Criteria and procedures for designation of valuation institutions) #
(1) An institution that the Minister of Science and ICT may designate as a valuation institution under Article 14(3) of the Act (hereinafter referred to as "valuation institution") shall be a corporation that meets all of the following criteria:
1. It shall have specialized personnel determined by the Minister of Science and ICT;
2. It shall have facilities, equipment, and organizations deemed necessary by the Minister of Science and ICT to conduct data valuation affairs;
3. It shall have specific data valuation methodologies and frameworks that conform to the valuation models and methodologies regarding data published under Article 14(1) of the Act;
4. It shall have an information and communications network for the collection, management, distribution, etc. of information on data valuation.
(2) A person who seeks to be designated as a valuation institution shall submit an application for designation as a data valuation institution to the Minister of Science and ICT, along with the following documents:
1. Articles of incorporation;
2. Business plan;
3. Documents proving that the criteria specified in paragraph (1)1, 2, and 4 are met;
4. Framework of data valuation models and methodologies and documentation on the framework.
(3) Upon receipt of an application under paragraph (2), the Minister of Science and ICT shall verify a corporation registration certificate through administrative data matching under Article 36(1) of the Electronic Government Act.
(4) When the Minister of Science and ICT designates a corporation that has submitted an application under paragraph (2) as a valuation institution, the Minister shall notify the applicant corporation of the fact of designation without delay and publish the fact on the website of the Ministry of Science and ICT. The same shall also apply where such designation is revoked under paragraph (5).
(5) The Minister of Science and ICT may revoke the designation of a valuation institution if it falls under any of the following cases; provided, in cases falling under subparagraph 1 or 2, the designation shall be revoked:
1. Where it obtains the designation by fraud or other improper means;
2. Where it requests revocation of the designation or closes its business permanently;
3. Where it ceases to meet the criteria for designation prescribed in the subparagraphs of paragraph (1).
(6) Detailed standards for the designation criteria under each subparagraph of paragraph (1) and other matters necessary for the designation, etc. of valuation institutions shall be determined and publicly notified by the Minister of Science and ICT. <Added on Oct. 16, 2024>
Article 15(Application and procedures for valuation) #
(1) A person who seeks to have data valued under Article 14(4) of the Act shall submit an application for data valuation to the valuation institution, along with materials related to the data for which valuation is sought.
(2) If necessary for data valuation, the valuation institution may conduct on-site inspections or request the applicant to provide documents necessary for valuation.
(3) Valuation institutions shall perform valuation according to data valuation models and methodologies.
Article 16(Notification of valuation information) #
"Where special circumstances prescribed by Presidential Decree exist, such as the maintenance of business or operational confidentiality" in Article 14(6) of the Act means any of the following cases:
1. Where it is deemed likely that the notification of valuation information would cause substantial damage to national security, the national economy, or related industries;
2. Where it is deemed likely that the notification of valuation information would result in the disclosure of management or trade secrets and thereby significantly harm the legitimate interests of the applicant for the valuation;
3. Where the notification of valuation information violates other statutes and regulations.
Article 17(Establishment of fair distribution environment) #
"Person prescribed by Presidential Decree" in Article 17(2) of the Act means a large enterprise (an enterprise other than small or medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises nor middle-standing enterprises under the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises).
Article 18(Establishment of foundation for data distribution and transaction) #
(1) The Minister of Science and ICT may provide the following support for the establishment of a foundation for data distribution and transaction under Article 18(1) of the Act:
1. Provision of information necessary for data distribution and transaction, consultation, and advice services;
2. Preparation of measures to improve systems and procedures related to data distribution and transaction;
3. Education and publicity for promoting data distribution and transaction;
4. Support for research and for the development and validation of technologies for the secure distribution and transaction of data;
5. Other support deemed necessary by the Minister of Science and ICT for promoting data distribution and transaction.
(2) When the Minister of Science and ICT intends to provide support under paragraph (1), the necessity, effectiveness, etc. of such support shall be considered.
Article 19(Operation of data distribution system) #
(1) The Minister of Science and ICT shall establish and operate a data distribution system under Article 18(2) of the Act (hereinafter in this Article referred to as "data distribution system") so that it can perform the following functions:
1. Establishment and provision of databases related to data distribution and transaction;
2. Management of valuation information notified to the Minister of Science and ICT under Article 14(6) of the Act;
3. Management of information related to data service providers that have filed reports under Article 16(1) of the Act;
4. Support for correlation between data platforms under Article 19(1) of the Act;
5. Management and provision of information related to data quality management, such as data quality certification under Article 20 of the Act;
6. Other functions deemed necessary by the Minister of Science and ICT for the promotion of data distribution and transaction.
(2) Where the Minister of Science and ICT deems it necessary for the operation of a data distribution system, he or she may request the heads of relevant central administrative agencies, the heads of local governments, or the heads of public institutions (referring to public institutions under the Framework Act on Intelligent Informatization; hereafter the same shall apply in this paragraph and Article 25(1)1c) to submit necessary information or materials.
Article 20(Support program for data platform) #
(1) The Minister of Science and ICT and the heads of relevant central administrative agencies may perform the following support programs with regard to a data platform under Article 19(1) of the Act (hereinafter referred to as "data platform"):
1. Support for establishment and operation of facilities and equipment for data collection, processing, analysis, and distribution;
2. Support for technology development for data collection, processing, analysis, and distribution;
3. Support for the development and commercialization of data-driven services;
4. Support for other matters necessary for establishment, operation, etc. of the data platform.
(2) Where the Minister of Science and ICT and the head of a relevant central administrative agency intend to perform a support program under paragraph (1), they may select a data platform eligible for the support program, considering the following matters:
1. The degree to which it conforms to the master plan and the implementation plan;
2. The institutional and technical feasibility of collecting, processing, analyzing, distributing data as well as providing data-driven services;
3. Possibility of overlapping and connecting with other data platforms;
4. Other matters necessary to facilitate the collection, processing, analysis, and distribution of data and the provision of data-driven services.
Article 20-2(Data quality management program) #
The Minister of Science and ICT may perform the following programs necessary for data quality management in consultation with the Minister of the Interior and Safety under Article 20(1) of the Act:
1. Development of data quality management procedures and methods;
2. Data quality control training and consulting;
3. Development and distribution of data quality standards;
4. Data quality diagnosis;
5. Support for data quality improvement;
6. Other programs deemed necessary by the Minister of Science and ICT to improve data quality.
[This Article Added on Jan. 3, 2023]
Article 20-3(Requirements for designation of data quality certification institutions) #
(1) The Minister of Science and ICT may designate a corporation that meets all of the following requirements as a certification institution that conducts data quality certification under Article 20(3) of the Act:
1. It shall have specialized personnel and a dedicated organization determined by the Minister of Science and ICT;
2. It shall prepare operational procedures necessary for data quality certification;
3. It shall have an information and communications network for the collection, management, and distribution of information necessary for data quality certification.
(2) A person that seeks to be designated as a certification institution that conducts data quality certification under Article 20(3) of the Act shall submit to the Minister of Science and ICT an application for designation in the form prescribed by Decree of the Ministry of Science and ICT, along with the following documents:
1. Articles of incorporation;
2. Business plan for data quality certification;
3. Documents proving that the requirements specified in the subparagraphs of paragraph (1) are met.
(3) Upon receipt of an application for designation under paragraph (2), the Minister of Science and ICT shall verify the corporation registration certificate through administrative data matching under Article 36(1) of the Electronic Government Act.
(4) Where the Minister of Science and ICT designates a certification institution that conducts data quality certification under Article 20(3) of the Act, the Minister shall notify the applicant of the designation without delay and publish the fact of the designation on the website of the Ministry of Science and ICT. The same shall also apply when such designation is revoked under paragraph (5).
(5) Where any of the following is applicable to a certification institution designated under Article 20(3) of the Act that conducts data quality certification (hereinafter referred to as "data quality certification institution"), the Minister of Science and ICT may revoke the designation; provided, if it falls under subparagraph 1 or 2, the designation shall be revoked:
1. Where it obtains the designation by fraud or other improper means;
2. Where it requests revocation of the designation or closes its business permanently;
3. Where it ceases to meet the requirements for designation under each paragraph (1);
4. Where it has conducted data quality certification, in violation of Article 20(4) of the Act.
(6) Detailed standards for the requirements for designation under each subparagraph of paragraph (1) and other necessary for the designation, etc. of data quality certification institutions shall be determined and publicly notified by the Minister of Science and ICT. <Add on Oct. 16, 2024>
[This Article Added on Jan. 3, 2023]
Article 20-4(Procedures for data quality certification) #
(1) A person who intends to apply for data quality certification under Article 20(4) of the Act shall submit an application for data quality certification in the form prescribed by Decree of the Ministry of Science and ICT, along with explanatory materials on the subjects of data quality certification specified in the subparagraphs of Article 20-5(1) to the data quality certification institution.
(2) If necessary for data quality certification, the data quality certification institution may conduct on-site inspections or request the applicant to submit additional documents.
(3) Where a data quality certification agency has conducted data quality certification, it must issue a data quality certificate in the form prescribed by Decree of the Ministry of Science and ICT to the applicant.
(4) If a person who has been issued a data quality certificate under paragraph (3) intends to use the certification mark, he or she shall comply with the criteria for using data quality certification marks as prescribed by Decree of the Ministry of Science and ICT.
[This Article Added on Jan. 3, 2023]
Article 20-5(Data quality certification subjects and quality criteria) #
(1) The subjects of data quality certification are as follows:
1. Content of data;
2. Structure of data;
3. Data management system;
4. Other matters deemed necessary by the Minister of Science and ICT for data quality control.
(2) "Quality standards prescribed by Presidential Decree" in Article 20(4) of the Act means the following criteria:
1. Data content: completeness, validity, and accuracy;
2. Data Structure: Consistency;
3. Data management system: usability and accessibility;
4. Subject of quality certification under paragraph (1)4: Criteria deemed necessary by the Minister of Science and ICT for data quality certification.
(3) Detailed quality standards specified in the subparagraphs of paragraph (2) shall be determined and publicly notified by the Minister of Science and ICT.
[This Article Added on Jan. 3, 2023]
Article 21(Application for registration as certified data transaction specialist) #
(1) A person who intends to register as a certified data transaction specialist under Article 23(1) of the Act (hereinafter referred to as "certified data transaction specialist") shall submit an application for certified data transaction specialist registration to the Minister of Science and ICT along with the following documents:
1. Documents proving that the person meets any of the criteria specified in the subparagraph of Article 22;
2. Documents proving that the person has completed the education required under Article 23(2) of the Act.
(2) The Minister of Science and ICT shall review the contents of the registration application under paragraph (1) and, if he or she determines that the registration criteria under Article 23(2) of the Act have been met, issue a registration certificate prescribed by Decree of the Ministry of Science and ICT.
Article 22(Criteria for experience and qualifications of certified data transaction specialists) #
"Criteria for experience and qualifications in data transactions as prescribed by Presidential Decree" in Article 23(2) of the Act means any of the following criteria:
1. A person who has acquired qualifications as a lawyer, patent attorney, certified public accountant, appraiser, or engineer and shall have at least 3 years of experience working in a data-related field (including such experience before obtaining the qualifications);
2. A person who is an assistant professor or higher at a school under Article 2 of the Higher Education Act and shall have least 3 years of data-related research experience (including such experience before obtaining the qualifications);
3. A person who has obtained a doctorate in a field related to data production, transaction and utilization and shall have at least 1 year of data-related work experience (including such experience before obtaining the degree);
4. A person who has obtained a master's degree in a field related to data production, transaction and utilization and shall have at least 4 years of data-related work experience (including such experience before obtaining the degree);
5. A person who has served for at least 5 years in a field related to data production, transaction and utilization.
Article 23(Training of certified data transaction specialists) #
(1) "Education prescribed by Presidential Decree" in Article 23(2) of the Act means the following education and training, which the Minister of Science and ICT deems necessary for performing the duties of certified data transaction specialists:
1. Exploration and discovery of demand for data transactions and market research and analysis education;
2. Data processing training, including data processing and analysis;
3. Data valuation and quality assessment training;
4. Education on laws and systems related to data transactions;
5. Consultation, advice, and guidance on data transactions; brokerage and arrangement of data transactions; data transfer and commercialization; and education on transaction ethics.
(2) The education and training required under paragraph (1) shall be offered for at least 40 hours.
Article 24(Support for business start-up) #
"Matters prescribed by Presidential Decree" in Article 24(1)6 of the Act means the following matters:
1. Support for legal education on data production, transaction and utilization;
2. Support for practical management training in tax, accounting, legal, and other areas related to data-driven business operations;
3. Support for identifying, fostering, and promoting prospective entrepreneurs, entrepreneurs, or enterprises in data-related fields as well as overseas expansion, etc.;
4. Improvement of systems such as regulations that are obstacles to starting a business or operating a support window to handle grievances related to starting a business;
Article 25(Designation of professional training institutions) #
(1) Any person seeks to be designated as a training institution for data professionals under Article 25(3) of the Act (hereinafter referred to as "professional training institution") shall meet all of the following requirements: <Amended on Jan. 3, 2023>
1. It shall be an institution or organization that falls under any of the following:
a. A school that operates educational courses on data production, transaction, and utilization, among schools classified in the subparagraphs of Article 2 of the Higher Education Act;
b. An educational institution that operates educational courses related to data production, transaction, and utilization, among educational institutions equivalent to the subparagraphs of Article 2 of the Higher Education Act, which are established under other statutes;
c. A public institution that performs business affairs related to data production, transaction, and utilization, and other related affairs;
d. A government-funded research institute that operates educational courses on the production, transaction, utilization of data, among the following government-funded research institutes:
1) Government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
2) Government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions;
e. Other institutions and organizations that perform business affairs related to the production, transaction, and utilization of data;
2. It shall meet all the requirements for educational human resources, facilities, etc., which are specified in Appendix 1.
(2) A person who seeks to be designated as a professional training institution shall submit an application for designation as a training institution for data professionals to the Minister of Science and ICT along with the following documents:
1. Articles of incorporation;
2. Status of securing educational personnel, facilities and equipment;
3. An education plan including educational courses and curricula;
4. A plan to finance operating expenses and a plan to use subsidies;
5. Internal regulations regarding education, training, etc.
(3) Upon receipt of an application under paragraph (2), the Minister of Science and ICT shall verify a corporation registration certificate through administrative data matching under Article 36(1) of the Electronic Government Act.
(4) When the Minister of Science and ICT designates an institution or organization that has applied under paragraph (2) as a professional training institution, the Minister shall notify the applicant institution or organization of the designation without delay and post the fact of the designation on the website of the Ministry of Science and ICT. The same also applies where such designation is revoked under paragraph (6).
(5) The Minister of Science and ICT may provide support for all or part of the following expenses to professional training institutions under Article 25(3) of the Act:
1. Lecture fees and allowances;
2. Expenses related to educational materials and practice equipment;
3. Practice expenses;
4. Other expenses required to train data professionals.
(6) The Minister of Science and ICT may revoke the designation of a professional training institution if it falls under any of the following cases; provided, in cases falling under subparagraph 1 or 2, the designation shall be revoked:
1. Where it obtains the designation by fraud or other improper means;
2. Where it requests revocation of the designation or closes its business permanently;
3. Where it ceases to meet the requirements for designation under each paragraph (1);
4. Where there is no educational performance for more than 1 year from the date of designation of the educational institution.
Article 26(Scope and methods of fact-finding surveys) #
(1) The scope of fact-finding surveys under Article 27(1) of the Act (hereinafter in this Article referred to as the "fact-finding survey") shall be as follows:
1. Data industry market size and data business sales performance;
2. Status of the data industry workforce by gender, job function, and sector, and the supply and demand of data industry workers;
3. Other matters deemed necessary by the Minister of Science and ICT for identifying the current status of the data industry.
(2) The fact-finding survey shall be conducted by means of interview surveys, written surveys, statistical surveys, literature surveys, etc., and electronic means such as information and communications networks or electronic mail may be used for efficient fact-finding surveys.
(3) "Specialized institution prescribed by Presidential Decree" in Article 27(4) of the Act means any institution that the Minister of Science and ICT recognizes as having expertise in conducting fact-finding surveys, analysis, etc. on the status and actual situation of the data industry infrastructure and data target transactions and publicly notifies.
Article 27(Payment of subsidies) #
(1) "Cases prescribed by Presidential Decree" in Article 30(2) of the Act means cases where it is inevitable to maintain expenses for generating, transaction, utilizing, etc. data at an appropriate level for the public interest, such as national security, the prevention of and response to disasters, and the protection and safety of people's lives.
(2) Where the State or a local government intends to provide subsidies or make long-term loans to data business entities under Article 30(2) of the Act, it shall undergo deliberation by the Data Policy Committee.
Article 28(Designation and operation of specialized institutions) #
(1) The Minister of Science and ICT shall designate the following institutions as specialized institutions under Article 32(1) of the Act:
1. The National Information Society Agency established under Article 12 of the Framework Act on Intelligent Informatization;
2. Any of the following institutions or organizations recognized by the Minister of Science and ICT as having expertise in data:
a. An affiliated research institute of a school under Article 2 of the Higher Education Act;
b. A public institution under Article 4 of the Act on the Management of Public Institutions;
c. A non-profit corporation established under Article 32 of the Civil Act, engaged in business to promote the production, transaction, and utilization of data;
d. A government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes.
(2) A specialized institution designated under paragraph (1) shall conduct the functions prescribed by the Minister of Science and ICT among the following functions: <Amended on 2023. 1. 3.>
1. Support for the formulation and implementation of master plans and implementation plans;
2. Support for the operation of public-private consultative bodies under Article 11;
3. Support for the establishment of data valuation methodologies and frameworks under Article 14(1) of the Act;
4. Support for the establishment of an institutional foundation to promote the transfer of data under Article 15 of the Act;
5. Support for the establishment of data distribution and transactions system and the creation of a foundation for data distribution and transaction under Article 18 of the Act;
5-2. Support for projects necessary for data quality management under Article 20(1) of the Act;
5-3. Support for designation of data quality certification institutions under Article 20(3) of the Act;
6. Support for the establishment or amendment of standard contract forms under Article 21 of the Act;
7. Support for the development of data-specialized enterprises under Article 24(2) of the Act;
8. Support for the establishment of policy measures to develop data professionals under Article 25(1) of the Act;
9. Support for the establishment of policy measures to promote research and development of data-related technologies in the private sector under Article 26(1) of the Act;
10. Support for the formulation of standardization standards under Article 28(1) of the Act;
11. Support for international cooperation under Article 29 of the Act;
12. Support for the affairs of the Data Dispute Resolution Committee under Article 34(1) of the Act.
(3) A specialized institution designated under paragraph (1) shall notify the Minister of Science and ICT annually of the following matters:
1. Performance of use of funds contributed or loaned under Article 32(3) of the Act;
2. The results and details of the performance of duties;
3. Other matters deemed necessary by the Minister of Science and ICT to verify the fairness and appropriateness the performance of duties.
Article 29(Establishment of data business association) #
(1) Where data business entities intend to establish an association under Article 33(1) of the Act (hereafter in this Article referred to as the "data business association"), at least 50 data business entities shall prepare the articles of incorporation as promoters, and file an application for authorization therefor with the Minister of Science and ICT, following a resolution by a general meeting of promoters.
(2) The data business association shall be established by registering its establishment at the location of its main office.
(3) The business scope of the data business association is as follows:
1. Promotional activities regarding the data industry;
2. Education and training and trend research on data-related technologies and dissemination of new technologies;
3. Exchange activities with domestic and foreign institutions related to data and the data industry;
4. Activities to protect the rights and interests of users and data service providers in data-driven services, etc.;
5. Tasks entrusted by the Minister of Science and ICT;
6. Other businesses prescribed by the articles of association of the data business association.
(4) In accordance with Article 33(3) of the Act, the articles of association of the data business association shall include the following:
1. Objectives;
2. Name;
3. Location of the office;
4. Matters regarding the functions of the data business association and the execution thereof;
5. Matters regarding the qualifications of members, their admission and withdrawal, their rights and obligations;
6. Matters regarding executive officers;
7. Matters regarding membership fees;
8. Matters regarding general meetings;
9. Matters regarding finance and accounting;
10. Matters regarding amendments to the articles of association;
11. Matters regarding its dissolution and disposal of its residual property.
(5) The Minister of Science and ICT may entrust to the data business association under Article 33(4) of the Act the following tasks:
1. Receipt of reports filed by data business entities under Article 16(1) of the Act;
2. Receipt of applications for registration as certified data transaction specialist under Article 23(1) of the Act;
3. Provision of information and education for certified data transaction specialists under Article 23(5) of the Act;
4. Implementation of educational programs under Article 24(1)2 of the Act;
5. Consulting support for data business entities which are small and medium-sized enterprises under Article 31(4) of the Act.
(6) Where the Minister of Science and ICT entrusts the tasks listed in each subparagraph of paragraph (5) to the data business association, the Minister shall publicly notify the details of the entrusted tasks.
(7) If necessary for the guidance and supervision of the tasks entrusted to the data business association, the Minister of Science and ICT may require the data business association to report on matters regarding the tasks or request the submission of relevant materials.
Article 30(Operation of Data Dispute Resolution Committee) #
(1) The chairperson of the Data Dispute Resolution Committee under Article 34(1) of the Act (hereinafter referred to as the "Dispute Resolution Committee") shall convene and preside over meetings of the Committee.
(2) Where the chairperson of the Dispute Resolution Committee intends to convene a meeting of the Dispute Resolution Committee, he or she shall notify the members of the Dispute Resolution Committee of the date, time, location, and agenda of the meeting no later than 7 days before the meeting is held; provided, there is an urgent situation or unavoidable reason, notification may be given by the day before the meeting.
Article 31(Composition and operation of mediation panel) #
(1) The chairperson of the mediation panel under the main clause of Article 35(2) of the Act (hereinafter referred to as the "mediation panel") shall be elected by and among the members of the mediation panel.
(2) The chairperson of the Dispute Resolution Committee shall convene meetings of the mediation panel.
(3) Where the chairperson of the Dispute Resolution Committee intends to convene a meeting of the mediation panel, the chairperson shall notify the members of the mediation panel of the meeting date, time, location, and agenda no later than 7 days before the meeting is held; provided, if there is an urgent situation or unavoidable reason, the chairperson may notify them thereof by the day before the meeting date.
Article 32(Mediation of disputes) #
(1) The Dispute Resolution Committee may deliberate and mediate dispute mediation cases by separating or consolidating them for efficient operation, and where it separates or consolidates the relevant cases, it shall notify the parties to the dispute of the fact without delay.
(2) Meetings of the Dispute Resolution Committee and mediation panel shall not be open to the public; provided, where the Dispute Resolution Committee deems it necessary, it may allow the parties to the dispute or persons of interest to observe the proceedings by resolution of the Dispute Resolution Committee.
Article 33(Request for attendance and submission of opinions) #
(1) Where the Dispute Resolution Committee intends to request a party to a disputing party or a person for reference to attend a meeting of the committee under Article 37(2) of the Act, it shall give notice of the reason, etc. for requesting the attendance no later than 5 days before the date of attendance.
(2) Upon receipt of notice under paragraph (1), a disputing party or a person for reference who may appear on the designated date and time to state his or her opinion or submit his or her opinion in writing (including electronic form).
Article 34(Mediation costs) #
(1) Where the Dispute Resolution Committee determines that the applicant for dispute mediation shall bear mediation costs under the main clause of Article 40(1) of the Act, the applicant for the mediation case shall pay the mediation costs when filing an application for dispute mediation.
(2) The mediation costs under paragraph (1) shall be determined by the Dispute Resolution Committee.
Article 35(Allowances and travel expenses) #
A member, person for reference, or any other person who attends a meeting of the Dispute Resolution Committee or mediation panel may be paid allowances and travel expenses within the budget; provided, the foregoing shall not apply where a public official attends such meeting in direct connection with his or her official duties.
Article 36(Detailed rules for dispute mediation) #
Except as provided in Articles 30 through 35, the detailed matters necessary for the composition and operation of the Dispute Resolution Committee and the mediation panel shall be determined by the chairperson of the Dispute Resolution Committee upon resolution by the Dispute Resolution Committee.
Article 37(Hearing) #
The Minister of Science and ICT or the head of a relevant central administrative agency shall hold a hearing when intending to impose any of the following dispositions:
1. Revocation of the designation of a data safe zone under Article 12(6);
2. Revocation of the designation of a valuation institution under Article 14(5);
3. Revocation of the designation of a professional training institution under Article 25(6).
Article 38(Delegation of authority) #
under Article 46(1) of the Act, the Minister of Science and ICT delegates the authority to authorize the establishment of a data business association under Article 33(1) of the Act to the Director General of the Central Radio Management Service.
Article 39(Processing of sensitive information and personally identifiable information) #
(1) The Minister of Science and ICT (including the data business association entrusted with the tasks of the Minister of Science and ICT under Article 29(5)2) may process materials containing resident registration numbers, passport numbers, or alien registration numbers as specified in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is essential for performing affairs related to the registration of certified data transaction specialists under Article 23(1) of the Act.
(2) The Dispute Resolution Committee and the secretariat under Article 34(6) of the Act may process materials containing sensitive information under Article 23 of the Personal Information Protection Act and resident registration numbers, passport numbers, driver's license numbers, or alien registration numbers under the subparagraphs 1 through 4 of Article 19 of the Enforcement Decree of that Act, if it is essential for performing affairs related to data dispute mediation under Articles 35, 37, and 38 of the Act.
Article 40(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 48(1) of the Act shall be as specified in Appendix 2.
[This Article Added on Jan. 3, 2023]