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ACT ON THE ESTABLISHMENT AND USE OF THE NATIONAL GEOGRAPHIC INFORMATION SYSTEM

Act on the establishment and use of the National Geographic information System

Act No. 8852 (government Structure Act) partially amended on February 29th, 2008

CHAPTER 1 General Provisions

Article I (Purpose)

The Purpose of this Act is to prescribe provisions on the effective establishment, use and management of the National Geographic information system and provide diverse Geographic information to the people, thus contributing to the reasonable use of National territory and resources, and to the development of National Economy. [Date of Implementation July 1 st , 2000]

Article II (Definition)

The definition of terminologies used in this Act is as follows:

1. "Geographic Information" is information concerning the location and characteristics of terrains, natural features, place-names and boundaries.

2. "Geographic Information System" is an integration of Hardware, software, data base and human resources of computers organically linked together, in order to effectively collect, store, operate, analyze and present Geographic information.

3. "National Geographic information System" is a Geographic information system that is built and managed by Managing institutions.

4. "Geographic Information Distribution Network" is a communication network that links the producer, manager and user of Geographic information.

5. "Managing Institutions" are National Institutions, Local Governments and Government-Invested Institutions in accordance with the Framework Act on the management of government-invested institution [Date of Implementation July 1 st , 2000]

Article III (Disclosure of Geographic information) The heads of Managing Institutions must disclose all Geographic information they have or manage, except for those designated according to article VII of the Act on the Information disclosure of Public institution, so that anyone can freely access to or use the information. [Date of Implementation July 1 st , 2000]

Article IV (Relation with other Acts)

The production, management, utilization and distribution of Geographic information will be done as stipulated in this Act, except in case there are special provisions in other Acts. [Date of Implementation July 1 st , 2000]

CHAPTER 2 Promotion of the National Geographic information System Article V (Establishment of basic plan for the National Geographic information System) The government must establish and implement the Basic plan for the National Geographic information System (hereinafter referred to as "the Basic Plan") every 5 five years in order to promote the establishment and use of National Geographic information System

The Basic Plan must include the following

1. Basic directions for the measures to promote the establishment and use of the National Geographic information System

2. Building and managing basic Geographic information (hereinafter referred to as "Basic Geographic information") in accordance with the provisions of article XIV.

3. Research and development of technologies on the building and managing the National Geographic information System

4. Nurturing experts on the building and managing the National Geographic information System

5. Utilization and distribution of the National Geographic information System

6. Investment plan and financing for the building, managing and distributing of the National Geographic information System

7. Standardization of the Geographic information system

8. Development of industries related to the Geographic information system

9. Other matters needed to promote the establishment and use of the National Geographic information System

The establishment of the basic plan by the minister of Land, Transport and Maritime Affairs must be decided upon examination from the National Geographic information System Promotion Committee (hereinafter referred to as NGIS promotion committee") in accordance with provisions in article VIII and Informatization promotion committee (hereinafter referred to as "Informatization promotion committee") in accordance with clause 1, article VIII of the Framework Act on Informatization promotion. When changing the established basic plan, the same procedure must be taken, except for changing minor articles decided by the Presidential decree. [Amended by Act No. 8852(Government Structure Act) on Feb. 29 th 2008]

The articles examined by the Informatization promotion committee in accordance with the provisions in Article 3, can be exempted from the examination from the working-level committee on Informatization Promotion in accordance with clause 5 article VIII of the Framework Act on Informatization promotion. The head of related central administrative body and local governments must primarily consider all the clauses of article II in establishing and implementing Geographic information-related policies.

Article VI (Establishment of implementation plan) The head of related central administrative body must establish implementation plan on relevant National Geographic information System (hereinafter referred to as "implementation plan") and evaluate the result every year. The Minister of Planning and Finance must follow the opinions of the National Geographic information System Promotion Committee in allocating budget necessary to execute the implementation plan.

Matters needed in establishing and evaluating the result of the implementation plan shall be decided by the Presidential decree.

Article VII (Establishment of regional implementation) The head of local government may establish and implement regional implementation plan to carry out related works according to the basic plan and implementation plan in his or her jurisdiction.

In case the head of local government establish and implement regional implementation plan, this must be reported to the head of related central administrative body.

In case the regional implementation plan goes against the Basic plan and Implementation plan, the head of related central administrative body may call upon the head of local government in concern to revise it. Matters needed in establishing and implementing the regional implementation plan shall be decided by the Presidential decree. [Date of Implementation July 1 st , 2000]

Article VIII (National Geographic information System Promotion Committee) The ministry of Land, Transport and Maritime Affairs shall set up the National Geographic information System Promotion Committee (hereinafter referred to as "Committee") in order to examine matters concerning the building, management and utilization of the National Geographic information System. [Amended by Act No. 8852(Government Structure Act) on Feb. 29 th 2008]

The Committee shall examine the following:

1. The establishment and revision of the Basic plan

2. Establishment of Implementation plan and evaluation of the result

3. The selection of Basic Geographic information

4. Important matters concerning the distribution and protection of Geographic information

5. Adjustment of major policies concerning the building, management and utilization of the National Geographic information system

6. Other matters related to the Geographic information System brought before the committee by the chairman of the committee.

The Committee shall consist of less than 30 members including the chairman The Chairman of the Committee will be the Minster of Land, Transport and Maritime Affairs and the rest of members will de formed as follows [Amended by Act No. 8852(Government Structure Act) on Feb. 29 th 2008]

1. Vice Minister of Planning and Finance, Vice Minister of Education, science and technology, Vice minister of Public Administration and Security, Vice Minister of Food, Agriculture, Forestry and Fisheries, Vice Minister of Knowledge Economy, Minster of Environment, Commissioner of the Korea National Statistical Office, · Administrator of the Rural development Administration and Minister of Korea Forest Service

2. Over seven heads of related local governments (vice mayors or vice governors for Seoul, metropolitan cities & provinces) appointed by the Chairman of the committee.

3. Over seven people appointed by the Chairman of the committee who have abundant expertise and experience concerning Geographic information system. The term of members appointed following item 3 of clause 4 shall be two years. A sub committee under the Committee may be established in order to effectively carry out the works of the Committee.

Matters concerning the formation and operation of the Committee and sub committee shall be decided by the Presidential decree.

CHAPTER 3 Development of foundation for the National Geographic information System Article IX (Research and Development)

The head of related central administrative body shall conduct the followings in order to effectively carry out technology research and development projects needed for the building and utilization of the Geographic information System.

1. Research, development, evaluation, transfer and deployment of technologies concerning the building, management and utilization of the Geographic information System.

2. Joint research and development with the industrial and academic circle.

3. International technology cooperation and exchanges [Date of Implementation July 1 st , 2000]

Article X (Standardization of Geographic information System) The government must devise the following measures in order to secure compatibility and promote join use of the Geographic information System.

1. Development and deployment of Geographic information System related standards

2. Studies and Introduction of Geographic information System­related international standards into Korea.

3. International cooperation in the standardization of Geographic information System The heads of the related central administrative bodies may recommend Managing institutions to use the Geographic information system standard or manufacture goods that adopt the standard, in order to promote the deployment of the Geographic information system standard.

[Date of Implementation July 1 st , 2000]

Article XI (Nurturing of Experts)

The government must devise the following measures in order to systematically nurture experts necessary for the building, managing and utilizing the Geographic information System.

1. Mid to long term nurturing of experts on the Geographic information system

2. Support for the development and deployment of education al programs for experts

3. Establish collaborative educational curriculum with the industrial and academic circle.

4. Support for the educational institution that provides education on the Geographic information System.[Date of Implementation July 1 st , 2000]

Article XII (Pilot Test)

The government may conduct a pilot test according to the Presidential decree in case it is recognized to be necessary in effectively building and utilizing the Geographic information System. [Date of Implementation July 1 st , 2000]

Article XIII (Institution for special technology) The head of Managing Institution may designate institutions that provide expertise and special technologies necessary for building, managing and utilizing National Geographic information system as Institution for special technology The criteria and process of designating Institution for special technology shall be made according to the Presidential decree. [Date of Implementation July 1 st , 2000]

CHAPTER 4 Establishment and Management of National Geographic information system Article XIV (Establishment of Basic Geographic information) The head of related central administrative body must select and officially announce major Basic Geographic information such as jurisdiction, transportation, water resources and acreage designated by the Presidential decree as Basic Geographic information for effective establishment, management and utilization of National Geographic information system

The head of related central administrative body must manage the Basic Geographic information selected and announced according to Clause by building a database. If recognized to be necessary, an institution can be designated an operated build and manage basic geographical information.

The criteria, and process of selecting Basic Geographic information, the establishment and management of Basic Geographic information database, and designation of institution in charge of the matter, in accordance with Clause and shall be decided by the Presidential decree. [Date of Implementation July 1 st , 2000]

Article XV(Establishment and Management of Geographic information Database) The head of Managing institution must build and manage database on Geographic information he or she collects and produces to harmonize with Geographic information system standard and related Acts

The head of Managing institution must make sure that the database he or she holds and manages is always up-to-date.

The head of Managing institution must provide assistance when requested by other Managing institutions to provide related data and allow reading and copying Geographic information needed to establish and manage their own database. [Date of Implementation July 1 st , 2000]

Article XVI (Mutual cooperation)

The government must devise measures for Managing institutions and the industrial and academic circle to maintain close cooperative relations among them in order to build and manage database on geographic information The head of related central administrative body or head of related local government may form and operate joint consultative organization to maintain close cooperation in accordance with clause .

[Date of Implementation July 1 st , 2000]

Article XVII (Prevention of investment overlap)

In case the head of Managing institution decides to build a new database on geographic information he or she must make sure that the investment does no overlap with the existing database on geographic information. In case the head of Managing institution decides to build a new database on geographic information he or she must make a plan concerning the establishment and management of concerned database and announce it to both the head of related central administrative body and the committee.

If the head of related administrative body recognizes that the building of database on geographic information falls into the criteria of investment overlap in accordance with Clause he or she may ask the head of Managing institution to correct it, [Date of Implementation July 1 st , 2000]

CHAPTER 5 Utilization and Distribution of the National Geographic information System Article XVIII (Utilization of Geographic information) The head of related central administrative body must device measures to utilize Geographic information in conducting works related to national territory management, urban planning, cadastral management, resource development, coastal management, marine development, environment conservation, agriculture and construction management, water resources management, transport system, logistics, facilities management, prevention of disasters and calamities. The head of local government must device measures to utilize Geographic information according to the characteristics of his or her jurisdiction. The head of Managing institution must allow the Geographic information built and managed by him or her to be shared with other Managing institutions. [Date of Implementation July 1 st , 2000]

Article XIX (Distribution of Geographic information) The government must devise measures to promote the deployment and distribution of Geographic information.

The government may establish and operate organization in charge of the utilization and distribution of Geographic information through Geographic information distribution network, in order to effectively implement measures devised according to Clause [Date of Implementation July 1 st , 2000]

Article XX (Listing of Geographic information)

The head of Managing Institution must make lists of Geographic information he or she has produced, built and managed (hereinafter referred to as "list of Geographic information")

The list of Geographic information shall be made and managed in accordance with the Presidential decree.

The head of Managing Institution must make sure that the users are able to utilize Geographic information and the list of Geographic information he or she has built and managed through Geographic information distribution network. [Date of Implementation July 1 st , 2000]

Article XXI (Duplication and sale of database on geographic information) The head of Managing Institution may duplicate or sell or deploy all or part of the Geographic information database he is in charge of, by publishing it and provide the printed copy of the database to the user.

The head of Managing Institution may receive commission from the user for providing printed copy of the Geographic information database. The process of using printed data from the Geographic information database and collection of commission shall be decided according to the Presidential decree. [Date of Implementation July 1 st , 2000]

CHAPTER 6 Security management

Article XXII (Protection of Geographic information) In building, managing and utilizing Geographic information and database on geographic information, the head of Managing institution must enact and implement necessary security management rules in accordance with the Presidential decree in order to prevent illegal access to, use and leakage of classified Geographic information. The head of Managing institution must consult with the director of National Intelligence Service when enacting security management rules in accordance with Clause . The same will be applied when changes are to be made in the security management rules.

[Date of Implementation July 1 st , 2000]

Article XXIII (Securing database safety)

The head of Managing institution must keep a separate copy of the database in accordance with the Presidential decree, in preparation for the loss and damage of database on geographic information

[Date of Implementation July 1 st , 2000]

Article XXIV (Ban on the violation and damage of Geographic information) No one should use Geographic information and database on geographic information by violating, damaging it or in an illegal or unjust manner. [Date of Implementation July 1 st , 2000]

Article XXV (Obligation of confidentiality)

Current staff or former staff of the Managing institution and other institution for special technology established in accordance with article XIII must not disclose or make fraudulent use of confidential information acquired while working on the establishment, management and utilization of National Geographic information System. [Date of Implementation July 1 st , 2000]

CHAPTER 7 Supplementary rules

Article XXVI (Support from the government)

The government may provide necessary assistance such as subsidy or contribution to those in charge of each of the following duties:

1. Research and development of technologies concerning Geographic information system

2. Nurturing of experts on Geographic information system

3. Provision of expertise and special technology concerning Geographic information system

4. Establishment and management of database on geographic information

5. Distribution of Geographic information

6. Listing of Geographic information [Date of Implementation July 1 st , 2000]

CHAPTER 8 Punitive provisions

Article XXVII (Punitive provisions)

Those who have utilized database on geographic information by violating provision of article XXIV or in a way that violate or damage Geographic information or database on geographic information shall be sentenced to seven years' imprisonment or punished with a fine of less than 50million won [Date of Implementation July 1 st , 2000]

Article XXVIII (Punitive provisions)

Those fall into each of the following clause shall be sentenced to three years' imprisonment or punished with a fine of less than 30million won

1. Those who utilized Geographic information or database on geographic information by violating provisions in article XXIV

2. Those who have disclosed or make fraudulent use of confidential information acquired during his or her work in violation of provisions in article XXV [Date of Implementation July 1 st , 2000]

Article XXIX (Dual liability provision)

When a CEO of a corporation or a proxy, an employee of an individual violates provisions in article XXVII or article XXVIII while conducting works concerning the corporation or the individual, not only the violator but also the corporation and the individual will be punished with a fine stipulated in the corresponding article. [Date of Implementation July 1 st , 2000]


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