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Laws of the Republic of Korea |
395 (Supp. 45)
FRAMEWORK ACT ON
ELECTRONIC COMMERCE
Wholly Amended by Act No. 6614, Jan. 19,2002
Amended by Act No. 7440, Mar. 31,2005
Act No 7796, Dec. 29,2005
Act No. 7988, Sep. 27,2006
Act No. 8362, Apr. 11,2007
Act No. 8371, Apr. 11,2007
Act No. 8387, Apr. 27,2007
Act No. 8461, May 17,2007
Act No. 8466, May 17,2007
Act No. 8802, Dec. 27,2007
Act No. 8852, Feb. 29,2008
Act No. 8932, Mar. 21,2008
Act No. 8979, Mar. 21,2008
Act No. 9246, Dec. 26,2008
Act No. 9429, Feb. 6,2009
Act No. 9504, Mar. 18,2009
Act No. 9705, May 22, 2009
Act No. 9708, May 22, 2009
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to the national economy by clarifying legal relations of the electronic commerce, ensuring its security and reli- ability, and laying the foundation for its promotion. Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term electronic document means any information prepared,
transmitted, received or stored in the electronic form by the information
processing system;
2. The term information processing system means any electronic appara-
tus or system with an ability to process information, which
is used in
preparing, transmitting, receiving or storing electronic documents;
3. The term originator means a person who prepares and transmits an
electronic document;
FRAMEWORK ACT ON ELECTRONIC COMMERCE
396(Supp. 45)
4. The term addressee means the other party to whom the originator
transmits an electronic document;
5. The term electronic commerce means any transaction of which the
whole or part of goods or service is made through electronic documents
in
transacting goods or service;
6. The term business operator of electronic commerce means a person
who operates a business of electronic commerce;
7. The term user of electronic commerce means a person who uses electronic
commerce other than the business operator of electronic
commerce;
8. The term authorized electronic documents depository means a juristic
person performing the business of custody or certification
of electronic docu-
ments for others, or other businesses related to electronic documents
(hereinafter referred to as custody of
electronic documents, etc. ), after
designated pursuant to Article 31-2 (1).
Article 3 (Scope)
This Act shall apply to all electronic commerce, except as otherwise provided
for in other Acts.
CHAPTER ELECTRONIC DOCUMENTS
Article 4 (Validity of Electronic Documents)
(1) An electronic document shall not be denied its validity only because it
takes an electronic form, except as otherwise provided
for in any other Acts.
(2) Where any activity to record, report, deposit, keep or prepare, etc. under
the provisions of Acts as
provided for in the attached Table has been made
by electronic documents, it shall be deemed that activities under the rele-
vant
Acts have been conducted.
(1) In cases where electronic documents meet the following requirements,
the custody of such electronic documents may take the place
of the custody
of documents prescribed by the relevant Acts and subordinate statutes:
1. Details of electronic documents shall be offered for public perusal;
2. Electronic documents shall be preserved in the form when prepared,
transmitted or received, or in the form reproducible same as
such;
3. In cases where matters concerning an originator, an addressee and the
time of transmission or receipt of electronic documents
are included there-
in, such parts shall be preserved.
(2) In cases where documents converted to a form that may be processed
26
397 (Supp. 45)
by the information processing system (hereinafter referred to as electronic
FRAMEWORK ACT ON ELECTRONIC COMMERCE
398(Supp. 45)
documents ) from paper documents or other documents not prepared in the
electronic form (hereinafter referred to as documents subject
to conversion
to electronic documents ) meet the following requirements, the custody of
such electronic documents may take the
place of the custody of documents
prescribed by the relevant Act and subordinate statutes: Provided, That
the same shall not apply
to a case where special provisions exist in other
Acts and subordinate statutes: 1. Details and form of electronic documents shall be identical to those of
documents subject to conversion to electronic documents;
and
2. Electronic documents shall meet each requirement set out in the subpara-
graphs of paragraph (1).
(3) Requirements for identity of details and form of electronic documents
and documents subject to conversion to electronic documents
under para-
graph (2), method of and procedure for preparation of electronic documents
and other necessary matters shall be determined
and publicly announced
by the Minister of Knowledge Economy.
(4) In the application of paragraphs (1) and (2), parts only necessary for
transmission or receipt may not be deemed to be electronic
documents or
documents converted to electronic documents.
Article 6 (Time and Place of Transmission or Receipt of Electronic
Documents)
(1) An electronic document shall be deemed to have been transmitted at
the time of input by the addressee or his agent into the
information processing
system capable of receiving the relevant electronic document (including
documents converted to electronic
documents; hereinafter the same shall
apply).
(2) An electronic document shall be deemed to have been received when it
falls under any of the following subparagraphs:
1. If the addressee has designated the information processing system
to receive electronic documents, the time of their input in
the designated
information processing system: Provided, That if an electronic document
is input in the information processing system
other than the designated
information processing system, referring to the time when the addressee
outputs it; and
2. If the addressee has not designated the information processing system
26
399 (Supp. 45)
to receive electronic documents, the time when they have been input
in the information processing system managed by the addressee.
(3) An electronic document shall be deemed to have been transmitted or
received, respectively, at the place of business of the
originator or addressee.
In such cases, where there are two or more places of business, it shall be
deemed to have been transmitted
or received at the location of the place
of business where the principal management of such electronic document
is made: Provided,
That the originator or addressee has no place of business,
such electronic document shall be deemed to have been transmitted or
re-
ceived at his/her habitual residence.
Article 7 (Case Where Originator is Deemed to have Sent Electronic
Documents)
(1) Any manifestation of will which has been contained in an electronic docu-
ment transmitted by means of computer programs constituted
to be trans-
mitted or received by the originator s agent, or automatically, and through
other electronic devices, shall be deemed
to have been transmitted by the
originator.
(2) Any addressee of an electronic document may, where falling under any
of the following subparagraphs, take actions by viewing
that a manifestation
of will contained in the electronic document is of the originator:
1. Where the addressee has followed the procedure agreed in advance
with the originator in order to verify whether an electronic
document
was of the originator; and
2. Where the received electronic document has been transmitted by the
person who has justifiable grounds believable by the addressee
to have
based on the will of the originator or his agent, in view of the relations
with the originator or his agent.
(3) The provisions of paragraph (2) shall not apply to the case falling
under any of the following subparagraphs:
1. Where the addressee has received a notice from the originator that
the electronic document is not of his own, and where there
exists a
considerable time to take necessary measures accordingly; and
2. In the case of paragraph (2) 2, where the addressee has become aware
that the electronic document is not of the originator, or
where he/she
might have become aware if he/she had paid a considerable attention
thereto or followed the procedure agreed with
the originator.
FRAMEWORK ACT ON ELECTRONIC COMMERCE
400(Supp. 45)
Article 8 (Independency of Electronic Document Received)
Any electronic document received shall be deemed to be respectively in-
dependent per document: Provided, That the same shall not apply to the
case where the addressee might have become aware that the
same electronic
document has been repeatedly transmitted if he/she had followed the
verifying procedure agreed with the originator
or paid a considerable atten-
tion thereto.
Article 9 (Acknowledgement of Receipt)
(1) Where an originator has transmitted an electronic document on condition
that the receipt thereof shall be acknowledged, such
electronic document
shall be deemed to have not been transmitted until the originator receives
a notice of acknowledgment of receipt.
In such cases, the provisions of
Article 534 of the Civil Act shall not be applicable.
(2) Where the originator requests a notice of acknowledgment of receipt
without clarifying such acknowledgment of receipt as a condition,
if the
originator has not received any notice of acknowledgment of receipt within
a considerable period (where there is a period
designated by the originator
or the period agreed between the originator and the addressee, referring
to such period), the originator
may withdraw the transmission of such
electronic document.
Article 10 (Alteration Pursuant to Agreement between Originator and
Addressee)
Any originator and addressee may conclude an agreement different from
the provisions of Articles 6 through 9, except as otherwise
provided for
in other Acts and subordinate statutes.
Article 11 (Matters Concerning Digital Signatures)
Matters concerning digital signatures in electronic commerce shall be pre-
scribed
by the Digital Signature Act.
ELECTRONIC COMMERCE
AND PROTECTION OF
CONSUMERS
Article 12 (Protection of Personal Data)
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-1(Supp. 45)
(1) The Government shall formulate and implement the policies to protect
the private data of users of electronic commerce, in order
to ensure the security
and reliability of electronic commerce.
(2) Any business operator of electronic commerce shall observe the related
regulations, such as the Act on Promotion of Information
and
Communications Network Utilization and Information Protection, in collect-
ing, utilizing, providing and managing the private
data of users of electronic
commerce.
(1) The Government shall formulate and implement the policies to protect
the business secrets of users of electronic commerce, in
order to ensure the
security and reliability of electronic commerce.
(2) Any business operator of electronic commerce (including any person
entrusted with operation of the information processing system;
hereafter
the same shall apply in this Article) shall devise measures to protect the
business secrets of users of electronic commerce.
(3) Any business operator of electronic commerce shall, without obtaining
consent of users of electronic commerce, neither provide
the business secrets
of the relevant users to other persons nor divulge them.
(4) Matters necessary for the scope of business secrets
and protective meas-
ures, etc. under paragraphs (1) through (3) shall be prescribed by
Presidential Decree.
Article 14 (Use of Encoded Products)
(1) Any business operator of electronic commerce may use encoded products
to guarantee the security and reliability of electronic
commerce.
(2) The Government may, if deemed necessary for national security, restrict
the use of encoded products, and take necessary
measures to gain access
to the original text of encoded information or the encryption technology.
Article 15 (Formulation or Implementation
of Policies to Protect Con-
sumers)
(1) The Government shall formulate and implement the policies to protect
the basic rights and interests of consumers relevant to
electronic commerce
and to secure reliability of electronic commerce from the users, pursuant
to the provisions of related Acts
and subordinate statutes, such as the
Framework Act on Consumers, and the Door to Door Sales, etc. Act.
(Supp. 45)399-2
(2) The Government may advise any business operator of electronic commerce
and any business operators organization to voluntarily
set regulations, so
as to prevent any occurrence of unfair practices relevant to electronic
commerce.
Article 16 (Prevention of Damages on Consumers and Relief Therefrom)
(1) The Government shall formulate and execute the policies
relevant to
the provision of information on consumers and the expansion of education,
etc., in order to prevent any occurrence
of damage to consumers relevant
to electronic commerce.
(2) The Government shall formulate and execute the necessary measures,
so as to deal promptly and fairly with the dissatisfaction
of, and damage
to, the consumers relevant to electronic commerce.
Article 17 (Matters to be Generally Observed by Business Operators
of
Electric Commerce)
Business operators of electric commerce shall observe matters falling under
the following subparagraphs, in order to protect the
consumers relevant
to electronic commerce and to secure the safety and reliability of electronic
commerce: 1. Provision of correct information on their trade names (including the name
of representative, in the case of a corporation), on
themselves, and on
goods, services, terms and conditions of contract, etc.;
2. Provision and preservation of the standard contract, so as to make it
easy for consumers to gain access or acknowledge;
3. Arrangement of procedures capable of cancelling or altering consumers
orders by themselves;
4. Arrangement of procedures for easy withdrawal of an application, can-
cellation or termination of a contract, exchange, return
of goods and
reimbursement of price paid, etc.;
5. Arrangement of procedures for dealing promptly and fairly with dissat-
isfaction of and matters requested by consumers; and
6. Preservation of transaction records for a specific period, which are re-
quired for the verification of transactions.
Article 18 (Authentication for Business Operators of Electric Commerce)
The Government may support the authentication project for
excellent busi-
ness operators of electric commerce, in order to protect consumers and to
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-3(Supp. 45)
ensure the sound development of business operators of electric commerce.
CHAPTER FORMULATION OF BASIC
POLICY ON ELECTRONIC
COMMERCE AND SYSTEMS
FOR ITS PROMOTION
Article 19 (Principles for Basic Policy on Electronic Commerce and Duties
of Government)
The Government shall, for the promotion of electronic commerce, formulate
and execute the basic policy on electronic commerce pursuant
to the princi-
ples, such as the promotion under private initiatives, minimization of regu-
lations, security for the safety and
reliability of electronic commerce, solid-
ification of international cooperation.
Article 20 (Formulation and Execution of Promotional Programs for
Electronic Commerce)
(1) The Government shall formulate and execute a program containing mat-
ters falling under the following subparagraphs (hereinafter
referred to as
the promotional program for electronic commerce ) pursuant to the princi-
ples for basic policy on electronic commerce
under Article 19:
1. Basic direction of the promotional programs for electronic commerce;
2. Matters concerning international norms relevant to electronic com-
merce;
3. Matters concerning the electronic payment system;
4. Matters concerning the protection of intellectual property rights;
5. Matters concerning the protection of the rights and interests of parties
to electronic commerce;
6. Matters concerning ensuring the safety and reliability of electronic com-
merce;
7. Matters concerning the development and standardization of technologies
relevant to electronic commerce;
8. Matters concerning the creation of environment and the creation of
26
(Supp. 45)399-4
demands required for the promotion of electronic commerce;
9. Matters concerning international cooperation relevant to electronic
commerce;
10. Matters concerning support for establishment of a foundation required
for promotion of electronic commerce;
11. Matters concerning the establishment of high-speed information and
communication networks and the activation of use thereof;
12. Other matters necessary to promote electronic commerce.
(2) The heads of related central administrative agencies relevant to
a promo-
tional program for electronic commerce (hereinafter referred to as the
related central administrative agency ) shall formulate
sectional programs
by jurisdiction which are related to matters falling under each subparagraph
of paragraph (1), and shall take
account of them in the establishment and
implementation of major policies.
(3) The Minister of Knowledge Economy shall formulate the promotional
program for electronic commerce by integration of the sectional
programs
of each central administrative agency concerned and decide upon it through
deliberation of the National Informatization
Strategy Committee under
Article 9 of the Framework Act on National Informatization.
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-5(Supp. 45)
TRONIC COMMERCE AND
CREATION OF BASIS
Article 23 (Promotion, etc. of Use of Electronic Documents)
(1) The Government shall formulate and implement necessary policies,
such as the consolidation of various Acts and subordinate statutes, in
order to promote the use of electronic documents.
(2) The
Minister of Knowledge Economy may determine a standard guideline
for requisites, methods and procedures necessary for the keeping
of elec-
tronic documents for promoting utilization of electronic documents, and
publicly announce it.
(3) The Minister of Knowledge Economy may grant authentication for facili-
ties or equipment used for preparation of electronic
documents in order to
secure the reliability of electronic documents.
(4) In connection with authentication for facilities or equipment under para-
graph (3), the objects of, standards for, procedures
for and methods of man-
agement of authentication and other necessary matters shall be prescribed
by Ordinance of the Ministry
of Knowledge Economy.
No. 8461, May 17, 2007; Act No. 8852, Feb. 29, 2008>
1. When authenticated by deceit or other unjust means;
2. When it is apprehended to impair the reliability of electronic documents
because the facilities or equipment falls substantially
short of the stand-
ards for authentication;
3. When the corrective order under paragraph (5) has not been executed.
Article 24 (Standardization of Electronic Commerce)
(1)
The Government shall promote the following matters in order to efficiently
operate electronic commerce and to secure the interchangeability
of related
technologies:
1. Enactment, amendment, repeal and diffusion of the standards related
to electronic commerce, such as electronic documents;
2. Research and development of domestic and overseas standards related
to electronic commerce;
3. Other matters necessary for the standardization related to electronic
commerce.
(2) Deleted.
(3) The Government may, if necessary for efficient promotion of matters
falling under each subparagraph of paragraph (1), have the
relevant in-
stitutes and non-government organizations act on its behalf. In such cases,
it may subsidize expenses incurred therein
as prescribed by Presidential
Decree.
Article 25 (Promotion of Technological Development for Electronic
Commerce)
The Government shall promote matters falling under the following sub para-
graphs in order to develop technology required for the
promotion of electronic
commerce and to enhance technological standards:
1. Matters concerning research on technological standards for electronic
commerce, research and development of technology, and practical
use
of developed technologies;
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-7(Supp. 45)
2. Matters concerning technological cooperation, technological guidance,
and technology transfer related to electronic commerce;
3. Matters concerning the smooth distribution of technology information
on electronic commerce and industry-science-research cooperation;
4. Other matters necessary for technological development related to elec-
tronic commerce.
Article 26 (Fostering Professionals of Electronic Commerce)
(1) The Government shall endeavor to foster professionals required for
the
promotion of electronic commerce.
(2) The Government may, in order to foster professionals under para graph
(1), subsidize the whole or part of expenses required
for execution of projects
by research institutes, such as government-invested research institutions,
etc. under the Act on the
Establishment, Operation and Fosterage of
Government-Invested Research Institutions, etc., schools, private educa-
tional institutions,
and other related agencies under the Higher Education
Act.
Article 27 (Promotion of Electronic Commerce in Public Sectors)
The State agencies, local governments, public agencies under Article
4 of
the Act on the Management of Public Agencies, and public organizations,
etc. (hereinafter referred to as State agencies, etc.
) shall formulate and
implement programs for the procurement of goods or services necessary for
their operation, or the execution
of their projects, through electronic
commerce.
(Supp. 45)399-8
statistics of electronic commerce, the Statistics Act shall apply mutatis
mutandis.
(3) The State agencies, etc., business operators, or corporations or organ-
izations related to electronic commerce in receipt of
a request for submission
of data, etc. under paragraph (2), shall comply with such request.
(4) Matters necessary for conduction
of a survey of the statistics of electronic
commerce, etc. shall be prescribed by Presidential Decree.
Article 29 (Internationalization
of Electronic Commerce)
(1) The Government may, in order to promote the international cooperation
on electronic commerce, render
support to such projects as the exchange
of information, technology or human resources for electronic commerce,
joint survey, research
and technological cooperation and international
standardization, etc.
(2) The Government shall endeavor to actively participate in discussions
related to electronic commerce at international organizations
and to respond
thereto, and also shall support advancement into overseas markets by busi-
ness operators of electronic commerce.
Article 30 (Electronic Commerce Support Center)
(1) The Government shall devise and promote the policies required for the
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-9(Supp. 45)
promotion of electronic commerce by small and medium enterprises.
(2) The Minister of Knowledge Economy may, in order to promote
electronic
commerce by small and medium enterprises, designate an institution which
supports the education and training, technological
guidance, management
counselling, information provision, etc. related to electronic commerce as
the Electronic Commerce Support
Center (hereinafter referred to as the
ECSC ).
(3) Matters necessary for the standards for designation of the ECSC, report
on actual records of project execution, and subsidizing
expenses, etc. shall
be prescribed by Presidential Decree.
The Minister of Knowledge Economy may, if the ECSC falls under any of
the following subparagraphs, revoke such designation: Provided,
That if
it falls under subparagraph 1, he/she shall revoke such designation:
1. In cases where it has been designated as the ECSC by deceitful or other
unjust means;
2. In cases where it has failed to show business records for not less than
two consecutive years without any justifiable reasons;
and
3. In cases where it has become unsuitable to the standards for designation
under Article 30 (3).
[This Article Newly Inserted by Act No. 8932, Mar. 21, 2008]
Article 31 (Support for Promotion of Electronic Commerce)
(1) The
State or a local government may, in order to promote electronic com-
merce, grant the preferential taxation support, such as reduction
or exemp-
tion of taxes, and financial support and other necessary administrative
support under the conditions as prescribed in
the tax-related Acts, such
as the Restriction of Special Taxation Act and the Local Tax Act.
CHAPTER -2 AUTHORIZED ELECTRONIC
DOCUMENTS DEPOSITORY
Article 31-2 (Designation of Authorized Electronic Documents Depository)
26
(Supp. 45)399-10
(1) The Minister of Knowledge Economy may designate an entity having
speciality for the custody, etc. of electronic documents as
authorized elec-
tronic documents depository in order to secure the safety and accuracy
of keeping, etc. of electronic documents,
and make them keep, etc. electronic
documents.
(4) Matters necessary for the criteria, methods and procedures for the
designation of human resources, technology, financial capability
and other
facilities and equipment, etc. of an authorized electronic documents depos-
itory under the provisions of paragraphs
(1) and (3), shall be prescribed
by Presidential Decree.
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
Article 31-3 (Reasons of Disqualification for Authorized Electronic
Documents Depository)
A juristic person falling under any of the following subparagraphs shall
not be designated as an authorized electronic documents
depository:
1. A juristic person employing any persons falling under any of the following
items from among its executives or staff having the
direct custody,
etc. of electronic documents who are prescribed by Presidential Decree
(hereinafter referred to as the executive,
etc. ):
(a)An incompetent or a quasi-incompetent;
(b)A person who was declared bankrupt and has not yet been reinstated;
(c) A person for whom two years have not elapsed from the
day on
which his sentence execution was terminated (including the case
where it is deemed to have been terminated) or exempted,
after
he/she was sentenced to imprisonment without prison labor or heavier
punishment;
(d)A person who is under a grace period after having been sentenced
to suspension of the execution of imprisonment without prison
labor
or heavier punishment;
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-11(Supp. 45)
(e) A person whose qualification is forfeited or suspended by a decision
of a court or by other Acts; and
(f) A person who was an executive, etc. at the time of cancellation
of the juristic person whose designation was cancelled under
the
provisions of Article 31-5 (1) (limited to the person for whom two
years have not elapsed from the date of cancellation); and
2. A juristic person for which two years have not elapsed after the desig-
nation was cancelled under Article 31-5 (1).
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
Article 31-4 (Corrective Orders)
When an authorized electronic documents depository falls under any of
the following subparagraphs, the Minister of Knowledge Economy
may issue
an order to correct it with a period fixed within six months: 1. When it has become to unsuitable for criteria for designation of an
authorized electronic documents depository under Article 31-2
(4);
2. When an executive, etc. has falls under any item of subparagraph 1
of Article 31-3;
3. When it has failed to make report on the regulations on business of
the custody, etc. of electronic documents in violation of
the provisions
of Article 31-8 (1);
4. When tit has failed to make report for modification on the regulations
on business of the custody, etc. of electronic documents
in violation
of the provisions of Article 31-8 (2);
5. When it has refused to provide services of the custody, etc. of electronic
documents in violation of the provisions of Article
31-9 (1);
6. When it has unlawfully discriminated a user in violation of the provisions
of Article 31-9 (2);
7. When it has failed to take the necessary measures so as to make the
contents of electronic documents in its custody undamaged
or unchanged
in violation of the provisions of Article 31-9 (3);
8. When the methods or procedures for performing the affairs of an au-
thorized electronic documents depository are inadequate, and
therefore
there are concerns over impeding the safety of custody, transmission
or receipt, or accuracy of verification of electronic
documents; and
9. When it has failed to take out an insurance under Article 31-16 (2).
26
(Supp. 45)399-12
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
Article 31-5 (Cancellation of Designation and Surcharge)
(1) When
an entity designated as an authorized electronic documents depos-
itory under the provisions of Article 31-2 falls under any of
the following
subparagraphs, the Minister of Knowledge Economy may cancel the relevant
designation as prescribed by Ordinance of
the Ministry of Knowledge
Economy, or order suspension of the whole or part of the relevant business
by setting the period of less
than one year: Provided, That he/she shall
cancel the relevant designation when it falls under subparagraph 1 or
2:
1. When it has been designated under the provisions of Article 31-2 (1)
by means of falsity and other unlawful means;
2. When it has continuously performed its business during the period
of business suspension under the main sentence of paragraph
(1);
3. When it has failed to open business for over one year from the date
of receiving a designation under Article 31-2 (1), or failed
to perform
such business as the custody of electronic documents, continuously for
over one year after opening its business; and
4. When it has failed to execute a corrective order under Article 31-4
within the prescribed period.
(2) Where the Minister of Knowledge Economy takes measures for business
suspension for the case falling under paragraph (1) 3 and
4 and he/she
admits that the relevant business suspension may cause serious incon-
venience to the users of an authorized electronic
documents depository,
or impeding the public interests, he/she may impose the surcharge not
exceeding 100 million won in lieu of
business suspension.
(3) The amount of surcharge following the types or degrees, etc. of violation
to be imposed the surcharge under the provisions of
paragraph (2), the
methods for computing the surcharge and other necessary matters shall
be prescribed by Presidential Decree.
(4) When any person liable for paying the surcharge under the provisions
of paragraph (2) has failed to pay it not later than the
deadline for payment,
the Minister of Knowledge Economy shall collect it by referring to the
practices of dispositions on default
of national taxes.
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-13(Supp. 45)
Article 31-6 (Effect of Vicarious Execution of Keeping of Electronic
Documents)
Where an authorized electronic documents depository has the custody of
electronic documents, it shall be deemed to have the custody
of electronic
documents under the provisions of Article 5 (1) or (2).
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
Article 31-7 (Presumption, etc. of Details of Electronic Documents)
(1) Electronic documents in the custody of an authorized electronic docu-
ments depository shall be presumed that the relevant
details have not
been modified during the period of custody.
(2) Where an authorized electronic documents depository has issued a
certificate for the matters on the fact of custody, originator,
addressee
and the date and time of transmission and receipt, etc. under the methods
and procedures as prescribed by Presidential
Decree, the matters stated
on the certificate shall be presumed to be true.
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
Article 31-8 (Report, etc. on Regulations on Business of Keeping, etc.
of
Electronic Documents)
(1) Each authorized electronic documents depository shall prepare regu-
lations on business of the custody, etc. of electronic documents
concerning
the custody, etc. of electronic documents (hereinafter referred to as
regulations on business ) before opening its business
as prescribed by
Ordinance of the Ministry of Knowledge Economy, and report to the Minister
of Knowledge Economy. In such cases,
the regulations on business shall
contain the following matters: 1. Types of business;
2. Performing methods and procedures of business;
3. Utilization conditions and fees for services of the custody, etc. of elec-
tronic documents; and
4. Other matters necessary for performing business prescribed by
Ordinance of the Ministry of Knowledge Economy.
(2) Where an authorized electronic documents depository intends to alter
the matters reported under the provisions of paragraph
(1), it shall report
to the Minister of Knowledge Economy as prescribed by Ordinance of the
Ministry of Knowledge Economy.
(Supp. 45)399-14
tents of regulations on business reported under paragraph (1) may cause
impediments to securing safety and accuracy of the business
of the custody,
etc. of electronic documents or impeding the interests of persons using
the services of the custody, etc. of electronic
documents (hereinafter referred
to as users ), he/she may order the relevant authorized electronic docu-
ments depository to alter
regulations on business by setting a considerable
period.
(4) When an authorized electronic documents depository has changed facili-
ties or equipment used for the custody of electronic
documents, etc., it
shall report to the Minister of Knowledge Economy as prescribed by
Ordinance of the Ministry of Knowledge Economy.
(1) No authorized electronic documents depository may refuse to provide
services such as custody, etc. of electronic documents without
any justifiable
reasons.
(2) No authorized electronic documents depository may unlawfully discrim-
inate its users.
(3) Each authorized electronic documents depository shall take necessary
measures prescribed by Presidential Decree lest the contents
of the elec-
tronic documents in their custody be damaged or altered.
(4) No authorized electronic documents depository may offer
others or
open to the public, etc. the electronic documents kept in the relevant in-
formation processing systems and other related
information without follow-
ing the lawful procedures or without any consent of the originator, addressee
and relevant users of
electronic documents.
(5) Where an authorized electronic documents depository needs the digital
signature in order to have the custody, etc. of electronic
documents, they
shall obtain the authorized digital signature under the provisions of subpara-
graph 3 of Article 2 of the Digital
Signature Act from the authorized authenti-
cation agency under the provisions of Article 4 of the same Act.
(6) Each authorized
electronic documents depository shall maintain in-
dependence in relations with users in order to have the custody of electronic
documents, etc. safely and reliably.
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-15(Supp. 45)
(1) The Minister of Knowledge Economy may have the KIEC regularly inspect
the safety of facilities or equipment possessed by an
authorized electronic
documents depository.
(1) When the Minister of Knowledge Economy deems it necessary, he/she
may have an authorized electronic documents depository submit
the relevant
data as prescribed by Presidential Decree, or report in writing or by electronic
documents, and have related public
officials have access to an office, a
place of business and other related place of an authorized electronic docu-
ments depository,
and inspect facilities, equipment, documents relating
to the keeping, etc. of electronic documents and other related articles.
(2) A public official engaged in the inspection under the provisions of
paragraph (1) shall carry an identification indicating his
authority, and
present it to the interested parties.
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
Article 31-12 (Security of Related Information, Such as Electronic
Documents, etc.)
(1) No person shall make a forgery or alteration of the electronic documents
and other related information kept in an authorized
electronic documents
depository, or make use of the forged or altered information.
(2) No person shall have the certificates under
the provisions of Article
31-7 (2) issued in falsity by means of inputting, etc. the false information
or unlawful orders in the
information processing systems of an authorized
electronic documents depository.
(3) No person shall make the electronic documents and other related in-
formation kept in an authorized electronic documents depository
demolished
or damaged, or have its secrets infringed.
(4) A person who is or was an executive or an employee of an authorized
26
(Supp. 45)399-16
electronic documents depository shall not divulge the electronic documents
coming to his/her knowledge on duties and the contents
of other related
information, or not have himself/herself or the third parties utilize them.
[This Article Newly Inserted by Act
No. 7440, Mar. 31, 2005]
Article 31-13 (Protection of Users Information)
(1) Each authorized electronic documents depository shall protect the pri-
vate information in relation to the custody, etc. of
electronic documents.
(2) With regard to the protection of private information under the provisions
of paragraph (1), the provisions
concerning the private information from
among the provisions of Articles 22 through 32, 36 (1) and 54, 62, 66 and
67 of the Act
on Promotion of Information and Communications Network
Utilization and Information Protection, etc. shall apply mutatis mutandis.
In such cases, the provider of information communications services shall
be considered as the authorized electronic documents depository
, the
provider, etc. of information communications services as the authorized
electronic documents depository , the information
communications serv-
ices as the services of the custody of electronic documents, etc. , the use
stipulation on information communications
service as the regulations
on business of the custody of electronic documents, etc. , Ordinance of
the Ministry of Public Administration
and Security as Ordinance of the
Ministry of Knowledge Economy and the Minister of Public Administration
and Security as the Minister
of Knowledge Economy .
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
Article 31-14 (Transfer and Taking over, etc. of Business of Authorized
Electronic Documents Depository)
(1) Any authorized electronic documents depository may transfer the whole
or part of its business to other authorized electronic
documents depository
or merge with other authorized electronic documents depository. In such
cases, they shall notify users of
such transfer or merger not later than 60
days prior to the intended date for transfer or merger as prescribed by
Ordinance of
the Ministry of Knowledge Economy.
(2) Any authorized electronic documents depository which has transferred
its business pursuant to paragraph (1) or any authorized
electronic docu-
ments depository which continues to exist or is established after merger
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-17(Supp. 45)
shall succeed to the status of the previous authorized electronic documents
depository.
(3) A person who has succeeded to the status of the previous authorized
electronic documents depository pursuant to paragraph (2)
shall make report
to the Minister of Knowledge Economy as prescribed by Ordinance of the
Ministry of Knowledge Economy.
(1) Each authorized electronic documents depository shall, when it intends
to discontinue business of the custody of electronic
documents, etc., notify
users of such discontinuance and make report of such fact to the Minister
of Knowledge Economy as prescribed
by Ordinance of the Ministry of
Knowledge Economy, not later than 60 days prior to the intended date of
such discontinuance. 1. In cases where he/she has been reported under proviso to paragraph (2);
2. In cases where he/she has revoked designation of an authorized electronic
documents depository pursuant to Article 31-5; and
3. In cases where an unavoidable reason has arisen that an authorized
electronic documents depository is unable to conduct the business
of the
custody of electronic documents, etc.
(4) Matters necessary for report of discontinuance of business, and transfer
26
(Supp. 45)399-18
and taking over of electronic documents, etc. in custody under parag raphs
(1) through (3) shall be prescribed by Ordinance of the
Ministry of Knowledge
Economy.
(1) When an authorized electronic documents depository has caused any
damage to users by any activity in violation of the provisions
of this Act
in connection with business of the custody, etc. of electronic documents,
it shall indemnify for the relevant damage:
Provided, That the same shall
not apply to a case where an authorized electronic documents depository
has proved that there is
no intention or negligence on its part.
(2) Each authorized electronic documents depository shall take out an in-
surance as prescribed
by Presidential Decree in order to indemnify for dam-
ages under paragraph (1).
Each authorized electronic documents depository may impose necessary
charges, such as fees, to applicants for issuance of certificates
or its users.
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
CHAPTER ELECTRONIC COMMERCE
MEDIATION COMMITTEE
Article 32 (Establishment and Composition of Electronic Commerce
Mediation Committee)
(1) The Electronic Commerce Mediation Committee (hereafter in this
Chapter, referred to as the Committee ) shall be established
in order to
mediate the disputes concerning electronic commerce.
(2) The Committee shall be composed of not less than 15 but not more
than 50 members including one Chairperson.
(3) The members shall be appointed or commissioned by the Minister of
Knowledge Economy from among persons falling under any of
the following
subparagraphs, and the Chairperson shall be elected from among and by
its members:
1. Persons who are or have been in the post higher than associate professors
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-19(Supp. 45)
or equivalent thereto in universities or officially-recognized research
institutions, and who have majored in the field related
to electronic com-
merce;
2. Persons who are or have been in the post higher than public officials
of Grade (including public officials in general service
belonging to the
Senior Civil Service) or equivalent thereto in public agencies, who have
much experience in the duties of electronic
commerce;
3. Persons eligible for judges, public prosecutors, or lawyers;
4. Persons recommended by nonprofit non-governmental organizations un-
der Article 2 of the Assistance for Nonprofit Non-Governmental
Organizations Act; and
5. Other persons who have much knowledge and experience in electronic
commerce and mediation of disputes.
(4) The members shall be part-time, and their term of office shall be two
years, and the consecutive appointment may be permitted.
(5) A secretariat shall be placed in the KIEC under Article 22 in order to
assist the duties of the Committee.
(6) Matters necessary for qualification and guarantee of status of the mem-
bers, any exclusion, challenge or avert, etc. of the
members, shall be pre-
scribed by Presidential Decree.
Article 33 (Mediation of Disputes)
(1) Any person who intends to obtain relief from damage and mediation
of disputes related to electronic commerce may apply for mediation
of disputes
to the Committee.
(2) The Committee shall prepare a plan for mediation within 45 days
from the date of receiving an application for mediation of disputes
under
paragraph (1), and advise the parties to the disputes thereof: Provided,
That where it intends to extend such time limit
due to inevitable reasons,
it shall notify the parties of the disputes thereof by clarifying the reasons
therefor and the time
limit.
(3) The Committee may, if deemed necessary for mediation of disputes under
paragraph (2), have it referred to the mediation division
composed of not
more than 3 members, for its mediation.
Article 34 (Request for Data, etc.)
(1) The Committee may require the parties to the disputes or the witness
to provide the data required for mediation of disputes.
In such cases, the
26
(Supp. 45)399-20
relevant parties to the disputes shall comply with it unless there exist any
justifiable reasons.
(2) The Committee may, if deemed necessary, have the parties to the disputes
or the witness attend the Committee and consider their
opinions.
Article 35 (Establishment of Mediation)
(1) Mediation shall be established in the cases falling under any of the follow-
ing subparagraphs:
1. Where the parties to the disputes have consented to the advice of media-
tion under Article 33 (2); and
2. Where the parties to the disputes have submitted their own agreement
of mediation to the Committee.
(2) The Committee shall, in the case of paragraph (1), prepare a protocol
of mediation, and the parties to the disputes shall sign
and seal thereon.
(3) The protocol of mediation under paragraph (2) shall have the same
validity as the agreement between the parties
to the disputes.
Article 36 (Non-Establishment of Mediation)
The Committee shall, where falling under any of the following subpara-
graphs, notify the parties of the disputes of the non-establishment
of media-
tion:
1. Where an application for mediation is withdrawn, or any one of the
parties to the disputes rejects mediation of disputes;
2. Where the parties to the disputes have refused the Committee s draft
for mediation;
3. Where any lawsuit is filed to the court on the case of relevant mediation
of disputes; and
4. Where it is deemed inappropriate to be mediated by the Committee in
view of the nature of a case.
Article 37 (Expenses for Mediation, etc.)
(1) The Committee may charge the applicant for mediation of disputes
the expenses for mediation as prescribed by Presidential Decree.
(2) The Government may contribute or subsidize the expenses required for
the operation of the Committee within its budget.
Article
38 (Operation of Committee, etc.)
Matters necessary for the operation of the Committee and the mediation
division and the procedures for dispute mediation, etc. other
than those
26
(Supp. 45)399-22
as provided for in Articles 33 through 37, shall be prescribed by Presidential
Decree.
CHAPTER SUPPLEMENTARY PROVISIONS
Article 39 (Delegation or Entrustment of Authority)
The authority of the Minister of Knowledge Economy under this Act shall
be
partially delegated to the head of the agency under his/her control or
the head of a local government, or entrusted to the head
of the related central
administrative agency, as prescribed by Presidential Decree.
Article 40 (Reciprocity)
This Act shall apply to a foreigner or foreign corporation, as well: Provided,
That with respect to a foreigner or foreign corporation
of the state, which
fails to make protection corresponding to this Act for the national or corpo-
ration of the Republic of Korea,
any protection under this Act or the treaties
acceded or concluded by the Republic of Korea may be restricted commen-
surately
therewith.
Article 41 (Hearing)
Where falling under any of the following subparagraphs, the Minister of
Knowledge Economy shall hold a hearing:
1. Where he/she intends to revoke the designation of a support center
pursuant to Article 30-2; and
2. Where he/she intends to revoke the designation of an authorized elec-
tronic documents depository under the provisions of Article
31-5 (1).
[This Article Newly Inserted by Act No. 7440, Mar. 31, 2005]
Article 42 (Legal Fiction of Public Officials in Applying
Penal Provisions)
In applying Articles 129 through 132 of the Criminal Act to the duties
of executives or employees of an authorized
electronic documents depos-
itory, they shall be considered as public officials.
[This Article Newly Inserted by Act No. 7440,
Mar. 31, 2005]
CHAPTER PENAL PROVISIONS
Article 43 (Penal Provisions)
(1) A person falling under any of the following subparagraphs shall be
punished by imprisonment of not more than ten years or a
fine of not
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-23(Supp. 45)
more than 100 million won: 1. A person who has forged or altered the electronic documents and
other related information kept in an authorized electronic documents
depository or has exercised the forged or altered information in violation
of the provisions of Article 31-12 (1); and
2. A person who has made the certificates under Article 31-7 (2) issued
in falsity by means of inputting the false information or
unlawful orders
in the information processing systems of an authorized electronic docu-
ments depository in violation of the provisions
of Article 31-12 (2).
(2) The attempted criminals of paragraph (1) shall be punished.
[This Article Newly Inserted by Act No. 7440,
Mar. 31, 2005]
Article 44 (Penal Provisions)
A person falling under any of the following subparagraphs shall be punished
by imprisonment of not more than five years or a fine
of not more than
50 million won: 1. A person who has made the electronic documents and other related
information kept in an authorized electronic documents depository
de-
molished or damaged, or have its secrets infringed in violation of the
provisions of Article 31-12 (3); and
2. A person who is or was an executive or employee of an authorized
electronic documents depository and who has divulged the details
of
electronic documents coming to his/her knowledge on duty and other
related information, or has had himself/herself or third
parties utilize
them in violation of the provisions of Article 31-12 (4).
[This Article Newly Inserted by Act No. 7440, Mar. 31,
2005]
Article 45 (Joint Penal Provisions)
If the representative of a juristic person, or an agent, an employee or
any other employed person of the juristic person or an individual
has
committed an offense under Article 43 or 44 in connection with the affairs
of the juristic person or individual, not only shall
a relevant offender be
punished accordingly, but the juristic person or individual shall be punished
by a fine under the relevant
provisions: Provided, That this shall not apply
in cases where the juristic person or individual has not neglected to give
reasonable
attention to and to supervise the relevant affairs to prevent
such an offense.
[This Article Wholly Amended by Act No. 9246, Dec. 26, 2008]
Article 46 (Fine for Negligence)
(1) Any authorized electronic documents depository which has opened
26
(Supp. 45)399-24
electronic documents and other related information to the public in violation
of the provisions of Article 31-9 (4) shall be punished
by a fine for negligence
not exceeding 30 million won.
(2) A person falling under any of the following subparagraphs shall be
punished by a fine for negligence not exceeding ten million
won: 1. A person who has failed to report on regulations on business in violation
of the provisions of Article 31-8 (1);
2. A person who has failed to make a modified report on the regulations
on business in violation of the provisions of Article 31-8
(2);
3. A person who has failed to execute the orders for alteration of the
regulations on business in violation of the provisions of
Article 31-8
(3);
3-2. A person who has failed to make report for modification of facilities
or equipment in violation of Article 31-8 (4);
4. A person who has refused to provide services of the custody, etc. of elec-
tronic documents without any lawful reasons in violation
of the provisions
of Article 31-9 (1);
5. A person who has unlawfully discriminated the users in violation of
the provisions of Article 31-9 (2);
6. A person who has failed to take necessary measures lest the details of
electronic documents kept in an authorized electronic documents
depos-
itory be damaged or modified in violation of the provisions of Article 31-9
(3);
6-2. A person who has refused or hindered a regular check under Article
31-10 (1);
7. A person who has failed to submit the data or make a report under the
provisions of Article 31-11 (1), a person who has submitted
the false
data or made a false report, or a person who has refused, obstructed or
avoided any access or inspection of the related
public officials;
8. A person who has failed to notify users of transfer or merger of business
of the custody of electronic documents, etc. in violation
of the latter part
of Article 31-14 (1);
9. A person who has failed to report the fact of succession to the status
of an authorized electronic documents depository in violation
of Article
31-14 (3);
10. A person who has failed to notify users of discontinuance of business
FRAMEWORK ACT ON ELECTRONIC COMMERCE
399-25(Supp. 45)
of the custody of electronic documents, etc. or has failed to report such
fact to the Minister of Knowledge Economy in violation
of Article 31-15
(1);
11. A person who has failed to transfer electronic documents, etc. in custody
or has failed to report in violation of Article 31-15
(2);
12. A person who has failed to take out an insurance in violation of Article
31-16 (2).
(3) A fine for negligence pursuant to paragraphs (1) and (2) shall be imposed
and collected by the Minister of Knowledge Economy
as prescribed by
Presidential Decree.
(4) through (6) Deleted.
(1) (Enforcement Date) This Act shall enter into force on July 1, 2002.
(2) (Transitional Measures for Designation of Electronic
Commerce Support
Center) The Electronic Commerce Support Center which has been designated
under the former provisions at the time
of enforcement of this Act, shall be
deemed to be the Electronic Commerce Support Center under Article 30.
(3) (Relations with
Other Acts and Subordinate Statutes) In cases where the
former Framework Act on Electronic Commerce or its provisions are cited
in
other Acts and subordinate statutes at the time of enforcement of this Act,
if there exist any corresponding provisions in this
Act, this Act or the corre-
sponding provisions in this Act shall be deemed to have been cited.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the
date of its promulgation.
(2) (Transitional Measures for Council on Electronic Commerce Policy) The
Council on Electronic Commerce Policy established and
composed under the
former provisions at the time of enforcement of this Act shall be deemed to
be the Committee on Electronic Commerce
Policy established and composed
under the amended provisions of Article 21.
(3) (Transitional Measures for Korea Electronic Documents Exchange
Committee) The Korea Electronic Documents Exchange Committee
estab-
lished and composed under the former provisions at the time of enforcement
26
(Supp. 45)399-26
of this Act shall be deemed to be the sectional committee on standards of electronic
documents of the Committee on Electronic Commerce
Policy established and
composed under the amended provisions of Article 21 (5).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation:
Provided, That the amended provisions of Article
5 (2) through (4) shall enter
into force on the date of its promulgation.
ADDENDA
FRAMEWORK ACT ON ELECTRONIC COMMERCE
400(Supp. 45)
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
FRAMEWORK ACT ON ELECTRONIC COMMERCE
400(Supp. 45)
This Act shall enter into force three months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 12 Omitted.
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