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Selected Statutes of the Republic of Korea |
제4편 행정일반 전자정부법
Act No. 6439, Mar. 28, 2001
Amended by Act No. 6585, Dec. 31, 2001
Act No. 6871, May 15, 2003
Act No. 8031, Oct. 4, 2006
Act No. 8171, Jan. 3, 2007
Act No. 8448, May 17, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9705, May 22, 2009
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purposes of this Act is to facilitate projects for materializing electronic government, improve the productivity, transparency, and democracy of administrative agencies, and ultimately improve the quality of lives of citizens in the knowledge information age by providing for fundamental principles, procedures, promotion methods, and other relevant matters for the electronic processing of administrative works.
Article 2 (Definitions)
For the pusposes of this Act: <AmendedbyActNo.6871,May15,2003;ActNo.
8171, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008>
1. The term "electronic government" means a government that efficiently
carries out administrative work between administrative agencies or for citizens by digitalizing administrative work of each administrative
agency using information technology;
2. The term "administrative agency" means an agency responsible for the processing of administrative affairs of the
National Assembly, the
Judiciary, the Constitutional Court, or the National Election
Commission; a central administrative agency (including an agency under the direct control of the President and an agency
under the
direct control of the Prime Minister; hereinafter the same shall apply)
and an affiliate thereof; a local government;
3. The term "head of a central agency responsible for administrative affairs"
means the Secretary General of the National Assembly for affiliates
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of the National Assembly; the Minister of the National Court
Administration for affiliates of the Judiciary; the Secretary General of the National Election Commission for affiliates of the National
Election
Commission; the Minister of Public Administration and Security for central administrative agencies and their affiliates
and local
governments;
4. The term "administrative information" means data that have been prepared or acquired and managed by each administrative
agency within
the scope of its duties and that have been processed by digital means
to be expressed in codes, letters, sound, images, or any other mode;
5. The term "electronic document" means information prepared and transmitted, received or stored in digital format
by devices capable
of processing information, such as computers;
6. The term "administrative digital signature" means information with which the identity of any of the following agencies
or the person who
is in direct charge of specific work in any of such agencies, who prepared an electronic document, and by which it can be verified
whether there
is any modification to the electronic document and which is specific
to the electronic document: (a) An administrative agency;
(b) An ancillary agency or an support agency of an administrative agency;
(c) A legal entity, institution, or organization that exchanges electronic documents with an administrative agency;
(d) A legal entity, institution, or organization that shares administrative
information with an administrative agency pursuant to Article 22-2;
7. The term "information and communications network" means an information and communications system through which
information
is collected, processed, stored, searched, transmitted, or received by using electric telecommunications systems under subparagraph
2 of
Article 2 of the Framework Act on Telecommunications or by applying
electric telecommunications systems, computers, and technology for the use of computers;
8. The term "administrative information resources" means administrative
information that administrative agencies have for materializing electronic government; the information system constructed
so as to
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제4편 행정일반 전자정부법
make it easy to collect, process, and search administrative information
by electronic means; the information technology that are applied to the establishment of the information system; the budget and human
resources for informatization and other related resources;
9. The term "public agency" means any of the following institutions: (a) A government-invested institution under
the Framework Act on
the Management of Government-Invested Institutions;
(b) A government-affiliated institution under the Framework Act on the Management of Government-Affiliated Institutions;
(c) A local government-invested public corporation or a local government public corporation under the Local Public Enterprises
Act;
(d) A special corporation established pursuant to a Special Act;
(e) A school at any level, which has been established pursuant to the
Elementary and Secondary Education Act, the Higher Education
Act, or any other Act;
(f) Other legal entity, institution, or organization specified by
Presidential Decree.
Article 3 (Scope of Application)
Except as otherwise specifically provided by any other Act, the electronic processing of work of each administrative agency shall be governed by this Act.
Article 4 (Duties of Administrative Agencies)
(1) Each administrative agency shall operate this Act and improve related systems with the aims of facilitating the materialization
of electronic government and improving the quality of lives of citizens in the knowledge information age.
(2) Each administrative agency shall carry out the following activities in connection with the materialization and operation
of electronic government in the administrative agency:
1. Administrative innovation and interconnections between projects for
the materialization of an electronic government;
2. Reforms of work processes subject to digitalization;
3. The execution of work and the provision of administrative services
through information and communications network;
4. The improvement and testing of proficiency of its public officials in
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utilizing information and communications technologies;
5. The identification of complaints from citizens with respect to the operation of an electronic government and prompt
improvement.
(3) Each administrative agency shall, when it receives a request from another administrative agency for cooperation in connection
with the
materialization and operation of electronic government, such as
interconnections of information networks and sharing administrative information, fully comply with such request.
(4) Each administrative agency shall consider matters specified in
subparagraphs of paragraph (2) preferentially, among other matters, in establishing and executing policies on its assignments.
Article 5 (Duties of Public Officials)
(1) Public officials shall apply them best endeavors to improve their work to make the work appropriate for electronic processing.
(2) Public officials shall be capable of utilizing information and
communications technologies necessary for the electronic processing of their work.
(3) Public officials shall consider citizens' convenience in preference to
the convenience of administrative agencies in electronically processing their work.
CHAPTER Ⅱ PRINCIPLES FOR MATERIALIZATION AND OPERATION OF ELECTRONIC GOVERNMENT
Article 6 (Principle of Priority on Citizens' Convenience)
Work processes of each administrative agency shall be designed to minimize the time and effort that civil petitioners shall spend in processing relevant work.
Article 7 (Principle of Prior Work Reforms)
Any administrative agency that intends to digitalize its work shall reform the work and all related work processes prior to digitalization to make them suitable to electronic processing.
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제4편 행정일반 전자정부법
Article 8 (Principle of Electronic Processing)
Major work of each administrative agency shall be digitalized and work that can be electronically processed shall be processed by an electronic computer system, except where there is any exceptional circumstance to the contrary.
Article 9 (Principle of Disclosure of Administrative Information) Administrative information possessed and managed by each administrative agency that is beneficial to citizens in their lives shall be disclosed to the public as much as possible via the Internet, except cases subject to restriction on public disclosure under the provisions of Acts and subordinate statutes.
Article 10 (Principle of Verification by Administrative Agency)
No administrative agency shall demand any civil petitioner to verify, on his/her own, any fact that can be otherwise verified electronically between administrative agencies, nor to submit relevant evidence for the fact, unless there is any specific reason to do so.
Article 11 (Principle of Sharing Administrative Information)
Each administrative agency shall share administrative information collected and possessed by it with other administrative agencies that need such administrative information, and no administrative agency shall collect information about any identical fact independently, if it can be provided by any other administrative agency with reliable administrative information about the fact.
Article 12 (Principle of Protection of Personal Information)
No personal information that each administrative agency possesses and manages about any person shall be used contrary to the intent of the person, except as otherwise provided for by any Act and subordinate statutes.
Article 13 (Principle of Prevention of Overlapped Investments)
Each administrative agency shall, when it promotes electronic government projects, take necessary measures to prevent overlapped investments through interconnections of administrative information resources possessed by other administrative agencies and sharing of such administrative information resources with one another.
[This Article Wholly Amended by Act No. 8171, Jan. 3, 2007]
Article 14 (Principle of Outsourcing of Development of Technology and
Operations)
Each administrative agency shall outsource the development of technology necessary for the materialization and operation of electronic government
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to the private sector, except where it is impossible to outsource a specific
projet to the private sector or where it is found significantly favorable for the administrative agency to directly develop or operate
it in the aspect of
economy, efficiency, or security.
Article 15 (Establishment and Implementation of Policies)
The National Assembly, the Judiciary, the Constitutional Court, the National Election Commission, and the Executive Branch shall each
establish and implement policies necessary for the realization of the principles under Articles
6 through 14.
CHAPTER Ⅲ DIGITALIZATION OF ADMINISTRATIVE MANAGEMENT
Article 16 (Preparation of Electronic Documents)
(1) Documents of each administrative agency shall be prepared, dispatched, received, stored, preserved, and utilized basically in
the form of an electronic document: Provided, That the same shall not apply to cases where any exceptional circumstance exists, such as the nature of specific work.
(2) Each administrative agency may prepare and utilize forms appropriate for electronic documents in addition to the forms of documents
received or dispatched by it.
(3) Necessary matters concerning the preparation, dispatch, receipt, storage, preservation, and utilization of electronic documents
of each administrative agency (hereinafter referred to as "official electronic documents") and the preparation method of
forms of electronic documents and other relevant matters shall be prescribed by the National Assembly Regulations, the Supreme Court
Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree.
Article 17 (Formation of Official Electronic Documents)
(1) an official electronic document shall be duly formed when it is approved (referring to the approval by electronic means specified by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree)
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제4편 행정일반 전자정부법
(2) An electronic official document that has been approved by an ancillary
agency or an support agency of an administrative agency with power delegated by the administrative agency or vicariously for
and on behalf of the
administrative agency may be dispatched with the administrative digital signature of the ancillary or support agency. <AmendedbyActNo.6871,May15,
2003>
Article 18 (Transmission and Receipt of Electronic Documents)
(1) Any private individual, legal entity, or organization that intends to transmit to an administrative agency an electronic document
that requires verification of the identity of the transmitter shall transmit it with an officially authenticated signature pursuant
to subparagraph 3 of Article 2 of the Digital Signature Act (hereinafter referred to as "officially authenticated signature")
or by electronic means recognized by any other Act and subordinate statutes as a means that may be used for the verification of
the identity of a person: Provided, That any public agency that intends to exchange electronic documents with an administrative agency shall use its administrative
digital signature in transmitting and receiving electronic documents. <Amendedby Act No. 6585, Dec. 31, 2001; Act No. 8171, Jan. 3, 2007>
(2) If the time of dispatch or arrival of an electronic document is required
to be made clear, the electronic document shall be transmitted or received
by the electronic means specified by the National Assembly Regulations, the
Supreme Court Regulations, the Constitutional Court Regulations, the National
Election Commission Regulations, or by Presidential Decree so that the time
of dispatch or arrival can be objectively verified.
Article 19 (Time of Dispatch or Arrival of Electronic Documents)
(1) An electronic document transmitted to an administrative agency shall be deemed to be dispatched by the transmitter at the time
of transmission of the electronic document electronically recorded by computer.
(2) An official electronic document transmitted by an administrative agency
shall be deemed to arrive at the addressee at the time when it is entered in the computer or similar designated by the addressee:
Provided, That if
there is no computer or similar so designated, such official electronic document is deemed to arrive at the addressee at the time
when it is entered in the computer or similar under the control of the addressee.
(3) If a transmitter had dispatched a document or similar, which is required
to arrive by a specific deadline, but did not arrive by the deadline due to
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failure of the computer or related device of the addressee, it is deemed that
the deadline falls due only for the transmitter on the day immediately following the day on which the failure is eliminated.
(4) If an electronic document that arrives at, and is received by, an administrative agency is not readable, the administrative
agency shall regard
it as a defective document and shall demand the transmitter to correct the
defect within a period reasonably prescribed as necessary for such correction, while if an official electronic document that is dispatched
by an administrative
agency and arrives at the addressee is not readable, such document shall
not be deemed a document that arrives properly.
Article 20 (Authentication of Administrative Digital Signatures)
(1) Each official electronic document shall bear an administrative digital signature: Provided, That any administrative agency may use an officially authenticated digital signature to efficiently operate electronic transactions
under subparagraph 5 of Article 2 of the Framework Act on Electronic Commerce. <AmendedbyActNo.6585,Dec.31,2001;ActNo.6871,May15,2003; Act No. 8171, Jan. 3, 2007>
(2) The head of each central agency responsible for administrative affairs
shall take responsibility for authentication. <Amended byActNo. 6871, May
15, 2003>
(3) The head of each central agency responsible for administrative affairs shall prepare technical standards for administrative digital
signatures,
subject to consultation with the Minister of Public Administration and
Security, to increase compatibility with officially authenticated digital signatures in performing the responsibility of
authentication and shall
also prepare a program for interfacing administrative digital signatures
with officially authenticated digital signatures. <AmendedbyActNo.6585,Dec.
31,2001;ActNo.6871,May15,2003;ActNo.8171,Jan.3,2007;ActNo.8852,Feb.
29, 2008>
(4) An administrative digital signature authenticated pursuant to paragraph
(2) and applied to an electronic document is deemed the official seal or official authentication of the administrative agency or public
agency indicated in the
electronic document or the signature of the person who is in direct charge
of relevant affairs in the relevant agency, and contents thereof are presumed not to have been modified after the administrative digital
signature was applied
thereto. <Amended by Act No. 6871, May 15, 2003; Act No. 8171, Jan. 3, 2007>
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제4편 행정일반 전자정부법
(5) Necessary matters concerning the authentication of administrative digital
signatures shall be prescribed by the National Assembly Regulations, the
Supreme Court Regulations, the Constitutional Court Regulations, the National
Election Commission Regulations, or by Presidential Decree. <AmendedbyAct
No. 6871, May 15, 2003>
Article 21 (Sharing Administrative Information)
(1) Administrative agencies shall share the following administrative information with one another: <AmendedbyActNo.8448,May17,2003;ActNo.9705, May22,2009>
1. Administrative information necessary for processing civil petitions;
2. Administrative information for reference in carrying out administrative affairs, such as statistical information and bibliographic
information;
3. Processed information that may be provided to other agencies pursuant
to Article 10 (3) of the Act on the Protection of Personal Information
Maintained by Public Agencies;
4. Administrative information approved by the national informatization
strategy committee under Article 9 of the Framework Act on National
Informatization (hereinafter referred to as the "Informatization Strategy
Committee") as necessary to share administrative information among
administrative agencies.
(2) Administrative information and secret, both of which are related to national security of the State or any similar administrative
information
may be excluded from information that shall be shared.
(3) Each administrative agency shall, whenever it intends to transmit administrative information to another agency possessing
administrative
information through information and communications networks to share the administrative information, transmit it by the method prescribed
by
the National Assembly Regulations, the Supreme Court Regulations, the
Constitutional Court Regulations, the National Election Commission
Regulations, or by Presidential Decree to protect personal information, except where there is any exceptional circumstance to
the contrary.
(4) Any agency that provides administrative information for sharing it with other administrative agencies shall ensure that
it maintains the
accuracy of the administrative information.
Article 22 (Procedure for Sharing Administrative Information)
(1) The head of each central agency responsible for administrative affairs
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may review administrative information electronically produced, circulated,
and stored by and between administrative agencies and then prepare a list thereof.
(2) The head of each central agency responsible for administrative affairs may distribute a list prepared pursuant to paragraph (1)
to administrative
agencies and may research demands for information that administrative
agencies need to share with one another.
(3) The head of each central agency responsible for administrative affairs may establish a plan for sharing administrative information
according to the
results of research conducted pursuant to paragraph (2) and may take measures for the implementation of the plan, subject to deliberation
by the Informatization
Strategy Committee. <Amended by Act No. 9705, May 22, 2009>
(4) The head of each central agency responsible for administrative affairs may establish an administrative information sharing center
under his/her
control as prescribed by the National Assembly Regulations, the Supreme
Court Regulations, the Constitutional Court Regulations, the National Election
Commission Regulations, or by Presidential Decree for efficiently sharing administrative information.
(5) The head of each administrative agency may, if necessary for efficiently sharing administrative information, entrust work
related to sharing
administrative information to the Korea Informatization Promotion Agency
under Article 14 of the Framework Act on National Informatization or any other agency, subject to prior consultation with the head
of the competent
central agency responsible for administrative affairs. In such cases, the head
of the competent central agency responsible for administrative affairs shall comply with the request of the head of an administrative
agency for consultation,
unless there is any special reason why the work subject to the intended
entrustment shall be carried out by the administrative information sharing center under his/her control. <AmendedbyActNo.8031,Oct.4,2006;ActNo.9705,
May 22, 2009>
(6) Any agency that provides administrative information may charge fees
therefor to the agency that uses the information, as prescribed by the
National Assembly Regulations, the Supreme Court Regulations, the
Constitutional Court Regulations, the National Election Commission
Regulations, or by Presidential Decree.
(7) The subject matters and scope of the charge for providing administrative
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제4편 행정일반 전자정부법
information and other necessary matters concerning sharing administrative
information shall be prescribed by the National Assembly Regulations, the
Supreme Court Regulations, the Constitutional Court Regulations, the National
Election Commission Regulations, or by Presidential Decree.
Article 22-2 (Sharing Administrative Information with Public Agencies) (1) Any administrative agency may allow legal entities, agencies, and organizations specified by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree, such as public agencies and institutions authorized pursuant to Article 8 (1) of the Banking Act, (hereafter referred to as "public agencies and similar entities" in this Article) to use administrative information, which is possessed by the administrative agency, through the administrative information sharing center under Article
22 (4).
(2) Any entity that intends to use administrative information pursuant to
paragraph (1) shall use its administrative digital signature for access.
(3) Article 21 (1) and (2) shall apply mutatismutandisto sharing administrative
information pursuant to paragraphs (1) and (2). In such cases, the term
"administrative agencies" shall be construed as "public agencies and similar entities," and the term "shall
share administrative information with one another"
as "may share administrative information with one another."
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
Article 22-3 (Duties of Persons Handling and Using Administrative
Information)
No one may commit any of the following acts in handling or using administrative information:
1. Altering or deleting administrative information with intent to interfere with processing of administrative information;
2. Disclosing or disseminating a method or program for altering or deleting administrative information;
3. Divulging administrative information that an administrative agency is
processing;
4. Processing, without due authority, administrative information that an administrative agency is processing;
5. Aiding or abetting another person, without due authority, to use
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administrative information that an administrative agency is processing;
6. Inspecting or receiving administrative information from an administrative agency by deceit or in any other fraudulent way.
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
Article 23 (Management of Administrative Knowledge)
Each administrative agency may establish and operate an electronic processing system for processing matters recognized as considerably valuable as data for judgment in making decisions on important policies thereof, out of administrative information relevant to work assigned to the agency, personal experiences, practical knowledge and techniques produced and circulated within the agency, so that such data can be utilized in making decisions on policies.
Article 24 (Re-design of Work Processes of Administrative Agencies) (1) The head of each administrative agency shall, when he/she introduces information and communications technologies to work under his/her control, re-design pre-existing organizations and work process in advance to ensure the adaptation thereof to the information and communications technologies introduced and shall implement the re-design.
(2) If the scope of work process re-designed pursuant to paragraph (1) involves work of two or more administrative agencies, the head
of the administrative agency may request heads of related administrative agencies to cooperate in the re-design, and the heads of
administrative agencies so requested shall comply with such request, unless there is any exceptional circumstance to the contrary.
(3) The head of each administrative agency shall readjust Acts, subordinate statutes, and systems relevant to work under his/her control
in accordance with the re-design of work processes under paragraphs (1) and (2).
Article 25 (Standardization)
The head of each central agency responsible for administrative affairs may take measures as may be necessary for the standardization of official electronic documents, administrative codes, and computers and other devices commonly used in administrative agencies, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree.
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제4편 행정일반 전자정부법
Article 26 (Establishment of Information and Communications Networks) (1) The head of each central agency responsible for administrative affairs shall prepare a plan for the establishment and operation of an information and communications network through which administrative agencies are integrated and linked to one another, subject to consultation with the Minister of Public Administration and Security. <AmendedbyActNo.8852,Feb.29,2008> (2) Each administrative agency shall, when it intends to establish and operate an information and communications network, design and operate a network that can be linked to information and communications networks of other administrative agencies to ensure the smooth circulation of various kinds of administrative information.
Article 27 (Establishment and Implementation of Security Measures for
Information and Communications Networks)
(1) The National Assembly, the Judiciary, the Constitutional Court, the National Election Commission, and the Executive Branch shall
prepare an information and communications network demanded for the materialization of electronic government and security measures
for insuring the security and reliability of administrative information.
(2) The head of each administrative agency shall establish and implement security measures for information and communications networks
and administrative information under his/her control in conformity with the security
measures under paragraph (1).
(3) The head of each administrative agency shall take security measures, the safety of which shall be confirmed by the Director of
the National Intelligence
Service, to prevent electronic documents from being forged, altered, mutilated,
or leaked in the course of preservation and circulation of electronic documents through information and communications network, and
the Director of the
National Intelligence Service may conduct an inspection to ensure that such
measures have been taken. <Newly Inserted by Act No. 8171, Jan. 3, 2007>
(4) Paragraph (3) shall be applicable to an agency responsible for processing administrative affairs of the National Assembly,
the Judiciary, the
Constitutional Court, or the National Election Commission, only if the head of the agency determines it necessary to take such measures:
Provided, That
the head of the agency shall, when he/she determines it unnecessary, take security measures similar to those under paragraph (3).
<Newly Inserted by
Act No. 8171, Jan. 3, 2007>
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Article 28 (Convergence of Opinions through information and communi- cations Network)
(1) With regard to the enactment and amendment of an Act or a subordinate
statute relevant to affairs under the control of each administrative agency,
the matters that require pre-announcement of administration pursuant to
Article 46 (1) of the Administrative Procedures Act, and other matters that require holding of a public hearing, a poll, or similar pursuant to relevant
Acts and subordinate statutes, the responsible administrative agency shall proceed in parallel to converge opinions through information
and communi-
cations networks.
(2) Each administrative agency shall allow a party or any interested party who has an opinion with regard to any disposition made
by the agency to
present his/her opinion through information and communications network.
(3) The head of each administrative agency shall take measures necessary for readjusting relevant Acts and subordinate statutes
to facilitate the
convergence of opinions and encourage the presentation of opinions under
paragraphs (1) and (2).
(4) Each administrative agency shall, when it conducts any statistical survey on citizens, a survey on citizens' satisfaction
with processing of civil petitions,
or any similar survey, seek means to positively utilize the information and communications networks.
Article 29 (Electronic Performance of Work)
The head of each administrative agency shall endeavor to exchange opinions with and between other administrative agencies, hold meetings, and provide services to citizens through information and communications networks.
Article 30 (Online Remote Services)
The head of each administrative agency may, whenever necessary, allow staffs under his/her control to work through information and communications networks without necessarily designating a specific place of service. In such cases, the head of an administrative agency shall prepare security measures, such as measures for preventing illegal access to information and communications networks.
Article 31 (Improvement of Public Officials' Ability to Utilize Information and Communications Technologies)
The head of each central agency responsible for administrative affairs may
conduct a periodic research on the ability of public officials in each administrative
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제4편 행정일반 전자정부법
agency to utilize information and communications technologies and reflect
the results thereof in a program for education and training of public officials.
Article 32 (Remote Education and Training)
The head of each administrative agency may conduct educational and training programs for staffs under his/her control through information and communications networks.
CHAPTER Ⅳ DIGITALIZATION OF SERVICES FOR CITIZENS
Article 33 (Electronic Processing of Civil Petitions)
(1) The head of each administrative agency (including any person to whom administrative authority has been entrusted: the same shall
apply hereafter in this Article) may allow citizens to file an application or petition by electronic document even in cases where
a relevant Act and subordinate statutes (including Ordinances and Municipal Rules of a local government; hereinafter the same shall
apply) require to file, report, or submit a civil application or petition subject to processing of the agency (hereinafter referred
to as "civil petition" in this Article) by paper document, such as a document, documents, or a written statement. <Amended by Act No. 8171, Jan. 3, 2007>
(2) The head of each administrative agency may, when he/she processes a civil petition, issue a notice or information (hereafter referred
to as "notice" in this Article) of the results of the processing by electronic document, if the addressee wants to receive
it in such manner or filed the civil petition by electronic document, even in cases where a relevant Act and subordinate statutes
require issuance of a notice of the results of the processing by paper document. <Amended by Act No. 8171, Jan. 3, 2007>
(3) A civil petition filed or a notice issued by electronic document pursuant to paragraph (1) or (2) is deemed a civil petition filed
or a notice issued in compliance with the procedure provided for by relevant Acts and subordinate statutes. <Amended by Act No. 8171, Jan. 3, 2007>
(4) The head of each administrative agency shall, when he/she allows citizens to file a civil petition by electronic document pursuant
to paragraph (1) or when he/she makes a decision to issue a notice by electronic document pursuant
to paragraph (2), make public announcement to citizens concerning types
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of such civil petitions or notices and the processing procedure therefor in
advance through the Internet. <Amended by Act No. 8171, Jan. 3, 2007>
Article 33-2 (Electronic Verification of Required Documentation)
(1) The head of each administrative agency may, upon receiving a request from a civil petitioner, process relevant work with an electronic
document issued directly by an administrative agency that has authority to issue a required certificate or document (hereafter referred
to as "issuing agency" in this Article) that is obligated to be attached or submitted as documents required for the relevant
civil petition pursuant to a relevant Act and subordinate statutes (hereafter referred to as "required documents" in this
Article). (2) A civil petition may be processed in accordance with paragraph (1) only where the civil petitioner has fully paid fees
prescribed by relevant Acts and subordinate statutes (including expenses that the competent administrative agency requires for remitting
fees to issuing agencies) to the administrative agency for the civil petition and required documents.
(3) The head of each administrative agency may, if he/she can verify information about required documents by sharing administrative
information pursuant to Article 21 (1), substitute such verification for the documents. In such cases, the head of an administrative
agency may excuse a petitioner from fees for relevant documents, subject to consultation with heads of issuing agencies. (4) Where
the head of an administrative agency has processed required documents pursuant to paragraphs (1) through (3), required documents
are deemed to have been processed in compliance with the procedures provided for by relevant Acts and subordinate statutes.
(5) The head of each administrative agency shall, when he/she intends to process required documents in a way specified in paragraphs
(1) through (3), make a public announcement of types and the scope of required documents and related civil petitions and other necessary
matters in advance by posting the public announcement via the Internet.
(6) The procedure for processing work pursuant to paragraphs (1) through (5) and other necessary matters shall be prescribed by the
National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court
Regulations, the National Election Commission Regulations, or by Presidential
Decree.
[This Article Newly Inserted by Act No. 6871, May 15, 2003]
Article 34 (Processing of Civil Petitions without Appearance)
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제4편 행정일반 전자정부법
(1) In order for civil petitioners to have their civil petitions processed without
necessarily appearing in person at an agency, the head of each administrative agency shall prepare measures, such as the improvement
of related Acts and
subordinate statutes and the establishment of facilities and systems as may be necessary.
(2) The head of each administrative agency may open and operate a window
for electronic civil petitions on the Internet to implement a system for processing civil petitions without appearance pursuant to
paragraph (1): Provided, That
if no window has not opened yet for electronic civil petitions, the head of each administrative agency may authorize an integrated
electronic civil petition window under paragraph (3) to process electronic civil petitions. <Amended
by Act No. 8171, Jan. 3, 2007>
(3) The head of each central agency for administrative affairs shall prepare
a plan for supporting administrative agencies to open and operate electronic
civil petition windows and a plan for opening and operating an integrated electronic civil petition window in connection with such
windows.
(4) A civil petition filed by a civil petitioner through an electronic civil petition
window under paragraph (2) is deemed a civil petition filed in person with the agency that opened and operates the window for electronic
civil petitions,
while a civil petition filed through the integrated electronic civil petition window
under paragraph (3) is deemed a civil petition filed in person with the agency responsible for the civil petition.
(5) Necessary matters concerning the opening and operation of an electronic
civil petition window shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional
Court Regulations, the
National Election Commission Regulations, or by Presidential Decree.
Article 35 (Verification of Identity)
Whenever it is necessary to verify the identity of a civil petitioner in processing a civil petition, the head of each administrative agency may verify the identity with the petitioner's officially authenticated digital signature or by the method prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree. <AmendedbyActNo.8171,
Jan. 3, 2007>
Article 36 (Electronic Notice or Information)
(1) The head of each administrative agency may issue a notice or information
- 17 -
to a citizen by electronic document, even in cases where relevant Acts and
subordinate statutes require issuance of such notice or information by paper document, such as a written notice or written information.
<AmendedbyAct
No. 8171, Jan. 3, 2007>
(2) Any notice or information issued by electronic document pursuant to paragraph (1) is deemed a notice or information issued in
compliance with
the procedure provided for by relevant Acts and subordinate statutes. <Amended
by Act No. 8171, Jan. 3, 2007>
(3) The head of each administrative agency shall, when he/she intends to
issued notice or information by electronic document pursuant to paragraph
(1), make a public announcement of the types of and procedure for such notice
or information in advance via the Internet. <AmendedbyActNo.8171,Jan.3,
2007>
(4) Necessary matters concerning the implementation of notification or
information by electronic document shall be prescribed by Rule of the National
Assembly, Rule of the Supreme Court, Rule of the Constitutional Court, Rule
of the National Election Commission, or Presidential Decree. <AmendedbyAct
No. 8171, Jan. 3, 2007>
Article 37 (Electronic Provision of Administrative Information)
(1) The head of each administrative agency shall provide citizens with information related to civil petitions, such as Acts relevant
to civil petitions and subordinate statutes thereof, manuals related to civil petition processing, and the guidelines for processing
civil petitions, and other administrative information specified by the National Assembly Regulations, the Supreme Court Regulations,
the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree as administrative information
related to citizens' lives by posting such information on the Internet. (2) The head of each administrative agency may provide
citizens with matters published through the Official Gazette, newspapers, bulletins, etc. by posting them on the Internet.
(3) The head of each central agency responsible for administrative affairs shall promote measures as may be necessary for the encouragement
of the electronic provision of administrative information under paragraphs (1) and (2), such as seeking for a scheme providing information
by a unitary electronic system.
Article 38 (Fees)
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제4편 행정일반 전자정부법
(1) The head of each administrative agency may allow citizens to pay taxes,
fees, fines for negligence, penalty surcharges, penalties, fines, minor fines, and similar by electronic money, electronic payment,
or similar through
information and communications networks, even in cases where other Acts and subordinate statutes require payment thereof by cash,
revenue stamp,
or other means.
(2) The head of each administrative agency may collect fees from a person who uses administrative information provided via the Internet,
if the person
benefits extraordinarily from such administrative information.
(3) If it is necessary to update administrative information continuously to provide many unspecified people with useful administrative
information via
the Internet, the head of each administrative agency may invite commercial
advertisements to run them on the Internet window so that all or part of expenses for updating such administrative information can
be covered by income
therefrom.
(4) Any administrative agency that processes civil petitions through an electronic civil petition window under Article 34
may abate or exempt fees
for such processing, notwithstanding other Acts and subordinate statutes.
<Newly Inserted by Act No. 8171, Jan. 3, 2007>
(5) Necessary matters concerning the scope of civil petitions eligible for
abatement or exemption of fees under paragraph (4) and rates of abatement and exception and other relevant matters shall be prescribed
by the National
Assembly Regulations, the Supreme Court Regulations, the Constitutional
Court Regulations, the National Election Commission Regulations, or by
Presidential Decree. <Newly Inserted by Act No. 8171, Jan. 3, 2007>
Article 39 (Electronic Payment of Grants and Benefits)
Each administrative agency may make payments of specific grants and benefits through information and communications networks, when it pays specific grants and benefits to citizens pursuant to the provisions of any Act and subordinate statutes.
Article 39-2 (Security Measures for Electronic Services for Citizens) (1) The Minister of Public Administration and Security shall prepare security measures in relation to electronic services for citizens, subject to prior consultation with the Director of the National Intelligence Service. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Heads of central administrative agencies and their affiliates and heads
- 19 -
of local governments shall establish and implement security measures for
each agency or local government in conformity with security measures under paragraph (1).
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
Article 39-3 (Committee for Security of Electronic Government Service) (1) The Minister of Public Administration and Security shall establish the Committee for Security of Electronic Government Service under his/her control (hereafter referred to as the "Committee" in this Article) in order to have the Committee deliberate on the following matters in conjunction with security measures under Article 39-2 (1): <Amended by Act No. 8852, Feb. 29, 2008>
1. The establishment and adjustment of securities measures and the improvement of systems;
2. Countermeasures against possible security accidents;
3. Matters concerning a scheme for cooperation between central administrative
agencies responsible for the affairs specified in subparagraph 1 or 2 and their affiliates and local governments;
4. Other matters brought by the Committee chairperson for deliberation as
major policies on security measures for electronic government service. (2) The Committee shall be comprised of 20 members or less,
including one
chairperson.
(3) The Minister of Public Administration and Security shall take the chair of the Committee, and other Committee members shall be
public officials
from related central administrative agencies specified by Presidential Decree
and from local governments and persons commissioned by the Committee chairperson. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Committee may have working committees for efficient operation of
the Committee.
(5) Necessary matters concerning the organization and operation of a working committee and other relevant matters shall be prescribed
by Presidential
Decree.
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
CHAPTER Ⅴ REDUCTION OF DOCUMENTATION
Article 40 (Reduction of Paper Documents)
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제4편 행정일반 전자정부법
Each administrative agency shall reduce as many of the paper documents
acquired, prepared, circulated, and preserved by it as possible by the following methods:
1. Innovating and digitalizing decision-making processes;
2. Digitalizing civil petitions;
3. Digitalizing the provision of administrative information;
4. Sharing administrative information with one another;
5. Digitalizing document records;
6. Other methods of improving and digitalizing adminstration for the reduction
of documentation.
[This Article Wholly Amended by Act No. 8171, Jan. 3, 2007]
Article 41 (Plans for Reduction of Documentation)
(1) In order to implement the matters specified in subparagraphs of Article
40, the head of each central agency responsible for administrative affairs
shall prepare a plan for the reduction of documentation, subject to deliberation by the Committee on the Reduction of Documentation
under Article 44, and
shall inform the head of each administrative agency of the plan, as prescribed
by the National Assembly Regulations, the Supreme Court Regulations, the
Constitutional Court Regulations, the National Election Commission
Regulations, or by Presidential Decree.
(2) Each plan for the reduction of documentation under paragraph (1) shall include the following matters:
1. The direction of reduction of documentation by the methods under
subparagraphs of Article 40;
2. The establishment of guidelines for goals of reduction of documentation;
3. The selection of matters subject to the reduction of documentation;
4. Other matters necessary for the reduction of documentation.
Article 42 (Establishment and Implementation of Execution Plans)
(1) The head of each administrative agency shall establish and implement its own annual execution plan (hereinafter referred to as
"execution plan") in compliance with the plan for the reduction of documentation under Article
41.
(2) Each execution plan under paragraph (1) shall include the following matters:
1. The designation of documents subject to reduction among documents circulated between administrative agencies or
internally in the
administrative agency and the determination of goals of reduction;
- 21 -
2. The designation of documents subject to reduction among documents
circulated between the private sector and administrative agencies and the determination of goals of reduction;
3. Methods for accomplishing the reduction of documentation under subparagraphs 1 and 2;
4. Other matters necessary for performing the reduction of documentation.
(3) Each administrative agency shall autonomously designate documents subject to reduction and determine goals of reduction under
subparagraphs
1 and 2 of paragraph (2) in compliance with the plan for the reduction of
documentation and make a public announcement thereof via the Internet. In such cases, the head of each central administrative agency
and the head
of each local government shall sum up documents subject to reduction, and
goals of reduction, by the agency or local government and its affiliates and make a public announcement of the documents and the goals
via the Internet
in a comprehensive manner.
(4) The head of each central agency responsible for administrative affairs may sum up documents subject to reduction and goals of
reduction, which
have been publicly announced pursuant to paragraph (3), and make a public
announcement of the documents and the goal via the Internet in a comprehensive manner.
Article 43 (Public Announcement of Results of Reduction)
(1) The head of each administrative agency shall ascertain the results of reduction of documents subject to the reduction for each half year, as publicly announced pursuant to Article 42 (3), and make a public announcement the results through the internet in comparison with goals of reduction. In such cases, the head of each central administrative agency and the head of each local government shall sum up the results of reduction by the agency and its affiliates and make a public announcement thereof via the Internet. (2) The head of each central agency responsible for administrative affairs may sum up the results of reduction publicly announced pursuant to paragraph (1) and make a public announcement thereof via the Internet.
Article 44 (Committee on Reduction of Documentation)
(1) The Minister of Public Administration and Security shall establish a committee on the reduction of documentation under his/her control (hereafter referred to as the "Committee" in this Article) to have the Committee efficiently
- 22 -
제4편 행정일반 전자정부법
promote the reduction of documentation of central administrative agencies
and their affiliates and local governments and deliberate on relevant matters.
<Amended by Act No. 8852, Feb. 29, 2008>
(2) The Committee shall deliberate on the following matters:
1. Plans for the reduction of documentation under Article 41;
2. The adjustment of opinions from sectional meetings for measures under paragraph (7);
3. The coordination in policies between administrative agencies related to
the reduction of documentation;
4. The improvement of Acts, subordinate statutes, and systems for facilitating the reduction of documentation;
5. Other matters deemed necessary and brought by the Committee chairperson for deliberation in relation to the reduction of documentation.
(3) The Committee shall be comprised of 20 members or less, including one
chairperson. <Amended by Act No. 8171, Jan. 3, 2007>
(4) The Vice-Minister of Public Administration and Security shall take the chair of the committee, and other members shall consist
of persons appointed
or commissioned by the committee chairperson from among the following persons: <Amended by Act No. 8171, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008>
1. Public officials recommended by the head of each related agency from
among public officials who works as Class-Ⅲ or higher ranking public officials (including state public officials in special service
or in extraordinary
civil service, equivalent to or higher than Class-Ⅲ) for the Ministry of
Strategy and Finance, the Ministry of Foreign Affairs and Trade, the
Ministry of Justice, the Ministry of Public Administration and Security, the Ministry for Food, Agriculture, Forestry and Fisheries,
the Ministry
for Health, Welfare and Family Affairs, the Ministry of Land, Transport and Maritime Affairs, the Government Legislation Office, the
Patriots
and Veterans Affairs Agency, the National Intelligence Agency, and local
governments or from among public officials who are members of the Senior
Executive Service;
2. Persons who have substantial knowledge and experience in reduction of
documentation or persons recommended by non-profit non-governmental organizations under Article 2 of the Assistance for
Non-profit,
Non-governmental Organizations Act.
(5) The term of office for members who are not exofficio members shall
- 23 -
be two years but may be renewed for only one term further: Provided,
That the term of office for a member who is appointed to fill a vacancy shall be the predecessor's remaining term of office.
(6) The Committee shall have one secretary who is responsible for administrative affairs of the Committee and who shall
be appointed by
the Committee chairperson from among public officials of the Ministry of
Public Administration and Security. <AmendedbyActNo.8852,Feb.29,2008>
(7) The Committee may have sectional meetings for measures that shall be comprised of public officials and experts to efficiently
operate the
Committee and effectively promote the reduction of documentation.
(8) Further specific matters necessary for the operation of the Committee under paragraph (1) and the installation and operation of
sectional meetings
for measures under paragraph (7) shall be prescribed by Presidential Decree. (9) The National Assembly, the Judiciary, the Constitutional
Court, and
the National Election Commission may, respectively, establish the National
Assembly Committee on the Reduction of Documentation, the Judiciary
Committee on the Reduction of Documentation, the Constitutional Court
Committee on the Reduction of Documentation, or the National Election
Commission Committee on the Reduction of Documentation, as prescribed by the National Assembly Regulations, the Supreme Court Regulations,
the
Constitutional Court Regulations, or the National Election Commission
Regulations.
Article 44-2 (Establishment of Basic Plans for Management of
Administrative Information Resources)
(1) The head of each central agency responsible for administrative affairs shall establish a basic plan for the management of administrative
information resources to manage administrative information resources systematically. (2) Each basic plan for the management of administrative
information resources shall include the following matters:
1. Goals of the management of administrative information resources and the direction of promotion of goals;
2. Current status of the management of administrative information resources;
3. A plan for efficient management of administrative information resources;
4. A plan for securing interoperability and connectivity of administrative
information resources;
- 24 -
제4편 행정일반 전자정부법
5. Matters concerning sharing administrative information resources with one
another;
6. Matters concerning research on administrative information resources;
7. Other matters necessary for the management of administrative information resources.
(3) The head of each administrative agency shall establish and implement
an implementation plan for the agency in compliance with the basic plan for the management of administrative information resources
and shall submit
the implementation plan to the head of the competent central agency responsible
for administrative affairs.
(4) The head of each central agency responsible for administrative affairs shall, if necessary for the efficient establishment and
implementation of the
basic plan for the management of administrative information resources, install and operate a system for the management of administrative
information
resources.
(5) Necessary matters concerning the establishment and implementation of basic plans for the management of administrative information
resources and
implementation plans therefor and the installation and operation of systems
for the management of administrative information resources shall be prescribed by the National Assembly Regulations, the Supreme Court
Regulations, the
Constitutional Court Regulations, the National Election Commission
Regulations, or by Presidential Decree.
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
CHAPTER Ⅵ PROMOTION OF ELECTRONIC GOVERNMENT PROJECTS
Article 45 (Establishment of Medium- and Long-Term Plans for Electronic
Government Projects)
(1) The head of each central agency responsible for administrative affairs may establish medium- and long-term plans for electronic
government projects (hereinafter referred to as "medium- and long-term project plans"), subject to deliberation by the
Informatization Strategy Committee, to materialize electronic government. <Amended by Act No. 9705, May 22, 2009>
(2) Medium- and long-term project plans shall include the following matters:
- 25 -
1. Informatization projects for reducing paper documents pursuant to Article
40;
2. Standardization necessary for informatization projects under subparagraph
1;
3. Projects for installing an information and communications network between administrative agencies and securing safety;
4. Other informatization projects related to the materialization and operation of electronic government.
(3) The head of each central agency responsible for administrative affairs
shall inform each administrative agency of medium- and long-term project plans, as prescribed by the National Assembly Regulations,
the Supreme Court
Regulations, the Constitutional Court Regulations, the National Election
Commission Regulations, or by Presidential Decree.
(4) The head of each related central administrative agency shall, when he/she intends to establish and implement an implementation
plan for national
informatization pursuant to Article 7 of the Framework Act on National
Informatization, take medium- and long-term project plans into consideration.
<Amended by Act No. 9705, May 22, 2009>
Article 45-2 (Support for Electronic Government Projects)
(1) In order to efficiently promote electronic government projects, the Minister of Public Administration and Security may provide support in administration, finance, technology, as may be necessary, to heads of administrative agencies.
<Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Public Administration and Security may designate a
specialized institution (hereinafter referred to as "specialized institution")
for the efficient promotion and management of projects supported pursuant
to paragraph (1) (hereinafter referred to as "supported electronic government projects") and may contribute funds within
the extent of budget, if necessary
for a specialized institution's performance of work. <AmendedbyActNo.8852,
Feb. 29, 2008>
(3) Necessary matters concerning the selection and management of supported electronic government projects, the analysis of
performance of
such projects, and the designation and operation of a specialized institution shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
Article 45-3 (Prior Consultations about Electronic Government Projects)
- 26 -
제4편 행정일반 전자정부법
(1) The head of each administrative agency shall, when he/she intends to
promote any electronic government project for interconnection or sharing with other administrative agencies, consult with the head
of the competent central
agency responsible for administrative affairs to prevent overlapping investment.
(2) The head of each administrative agency shall reflect the results of
consultations under paragraph (1) in the promotion of the relevant project. (3) Necessary matters concerning projects subject to prior
consultation under
paragraph (1) and the method of and the procedure for such prior consultation
and other relevant matters shall be prescribed by the National Assembly
Regulations, the Supreme Court Regulations, the Constitutional Court
Regulations, the National Election Commission Regulations, or by Presidential
Decree.
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
Article 46 (Evaluation of Performance)
(1) The head of each central agency responsible for administrative affairs shall conduct a comprehensive evaluation of electronic
government projects promoted by each administrative agency and shall submit the results thereof to the Informatization Strategy Committee
and the National Assembly. <Amended by Act No. 8171, Jan. 3, 2007; Act No. 9705, May 22, 2009>
(2) The evaluation under paragraph (1) shall include the following matters:
<Amended by Act No. 8171, Jan. 3, 2007>
1. The performance of electronic government projects promoted by each
administrative agency;
2. Each administrative agency's performance of management of administrative
information resources;
3. Comparison of performance among administrative agencies;
4. Problems and a plan for improvement;
5. A promotion plan for the future;
6. Other matters deemed necessary for the evaluation.
(3) The head of each administrative agency shall cooperate with the head
of the competent central agency responsible for administrative affairs, when he/she is requested by the head of the competent central
agency responsible
for administrative affairs to furnish him/her with materials necessary for
the evaluation under paragraphs (1) and (2). <NewlyInsertedbyActNo.8171,
Jan. 3, 2007>
- 27 -
Article 47 (Promotion of Model Projects)
(1) The head of each administrative agency may promote a model project for the materialization of electronic government, subject to deliberation by the Informatization Strategy Committee. <AmendedbyActNo.9705,May22,2009> (2) Necessary matters concerning the implementation of model projects shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential Decree.
Article 48 (Diffusion and Proliferation of Informatization System)
(1) The head of each central agency responsible for administrative affairs shall prepare a program for diffusing and proliferating
an outstanding system out of informatization systems developed and operated by each administrative agency to other administrative
agencies.
(2) Any agency that develops and distributes an outstanding informatization system may charge another agency to whom such system is
provided for expenses therefor, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional
Court Regulations, the National Election Commission Regulations, or by Presidential Decree.
Article 49 Deleted. <by Act No. 9705, May 22, 2009>
Article 50 (Establishment of Korea Local Information Research and
Development Institute)
(1) Two or more local governments may jointly establish the Korea Local Information Research and Development Institute (hereinafter
referred to as the "Development Institute") to jointly promote informatization projects under their control.
(2) The Development Institute shall be a legal entity.
(3) The Development Institute shall carry out the following activities:
1. Assistance in informatization projects promoted by local governments for
the materialization of electronic government and the facilitation of local informatization;
2. Administrative affairs entrusted by a related central administrative agency
or a local government in connection with the promotion of informatization of local governments;
3. Survey, research, education, and training for the facilitation of
informatization of local governments;
- 28 -
제4편 행정일반 전자정부법
4. Other projects designated by Presidential Decree for the facilitation of
local informatization.
(4) The head of each administrative agency may entrust the Development
Institute with affairs under his/her control in order to efficiently promote local informatization projects.
(5) Each local government may contribute funds to the Development Institute
so that it can be appropriated for expenses necessary for establishment, facilities, and operation of the Development Institute,
and the State may
provide support as may be necessary for the smooth performance of the
Development Institute's business.
(6) The Development Institute may request an administrative agency or similar to bear all or part of expenses required for providing
its service.
(7) Except as otherwise provided for by this Act, provisions governing incorporated foundations of the Civil Act shall apply mutatismutandis to
the Development Institute.
(8) Necessary matters concerning the promotion by the Development Institute of local informatization and support for the Development
Institute shall be
prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8171, Jan. 3, 2007]
Article 50-2 (International Cooperation for Electronic Government)
(1) The head of each central agency responsible for administrative affairs shall grasp international movements in connection with
electronic government and shall improve the international competitiveness of electronic government through international cooperation.
(2) The head of each central agency responsible for administrative affairs may carry out the following activities:
1. Cooperation with international organizations and foreign governments
in connection with electronic government;
2. Management of an international rating index with regard to electronic government;
3. Other matters specified with regard to international cooperation for electronic government by the National Assembly Regulations,
the Supreme
Court Regulations, the Constitutional Court Regulations, the National
Election Commission Regulations, or by Presidential Decree.
(3) The head of each central agency responsible for administrative affairs
- 29 -
may request any related administrative agency to cooperate in connection
with international cooperation for electronic government, and the administrative agency so requested shall comply with the request,
unless
there is any exceptional circumstance to the contrary.
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS
Article 51 (Delegation and Entrustment of Authority)
(1) The head of each central agency responsible for administrative affairs may delegate part of his/her authority under this Act to
heads of affiliates under his/her control or the Special Metropolitan City Mayor, Metropolitan City Mayors, and DoGovernors or may entrust it to the head of any other administrative agency, as prescribed by the National Assembly Regulations, the
Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or by Presidential
Decree.
(2) The head of each central agency responsible for administrative affairs may entrust any related legal entity or organization with
part of the affairs under this Act, as prescribed by the National Assembly Regulations, the
Supreme Court Regulations, the Constitutional Court Regulations, the National
Election Commission Regulations, or by Presidential Decree.
Article 52 (Informatization of Affiliates)
The head of each administrative agency shall take measures necessary for the informatization of agencies and organizations affiliated to the agency.
Article 53 (Penal Provisions)
(1) Any person who alters or deletes administrative information in violation of subparagraph 1 of Article 22-3 shall be punishable
by imprisonment with prison labor for not more than ten years.
(2) Any person who discloses or disseminates, to the public, any method or
program, by which administrative information can be altered or deleted, in violation of subparagraph 2 of Article 22-3 shall be punishable
by imprisonment
with prison labor for not more than five years or by a fine not exceeding
50 million won.
(3) Any person who falls under any of the following subparagraphs shall be punishable by imprisonment with prison labor for not more
than three years
or by a fine not exceeding ten million won:
- 30 -
제4편 행정일반 전자정부법
1. A person who divulges administrative information in violation of
subparagraph 3 of Article 22-3;
2. A person who processes administrative information without due authority
in violation of subparagraph 4 of Article 22-3;
3. A person who aids or abets another person, without due authority, to use administrative information in violation of subparagraph
5 of Article
22-3.
(4) Any person who inspects administrative information at an administrative agency, or who receives administrative information from
an administrative
agency, by deceit or in any other fraudulent way, in violation of subparagraph
6 of Article 22-3 shall be punishable by imprisonment with prison labor for not more than two years or by a fine not exceeding seven
million won.
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
Article 54 (Legal Fiction as Public Official in Application of Penal
Provisions)
Persons (limited to persons who have access to administrative information) who work for an agency or an institution to whom administrative information is provided pursuant to this Act but who are not public officials are deemed public officials in application of Articles 129 through 132 of the Criminal Act.
[This Article Newly Inserted by Act No. 8171, Jan. 3, 2007]
ADDENDUM
This Act shall enter into force on July 1, 2001.
ADDENDA <Act No. 6585, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2002.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6871, May 15, 2003>
This Act shall enter into force one month after the date of its promulgation.
ADDENDA <Act No. 8031, Oct. 4, 2006>
Article 1 (Enforcement Date)
- 31 -
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8171, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation:
Provided, That the amended provisions of Articles 2, 18, 20, and 22-2 shall
enter into force on March 1, 2007.
Article 2 (Transitional Measures concerning Members of Autonomous
Informatization Associations)
(1) Local governments that are members of the Autonomous Informatization Association established pursuant to Article 50 of the former
Act on Promotion of the Digitalization of Administrative Affairs, etc. for Creation of Electronic
Government (hereinafter referred to as the "Autonomous Informatization
Association") at the time when this Act enters into force are deemed local governments that establish the Development Institute
pursuant to the
amended provisions of Article 50.
(2) Local governments that are members of the Autonomous Informatization
Association shall complete measures necessary for the establishment of the Development Institute, such as contribution of assets necessary
for
the establishment of the Development Institute, preparation of the articles of incorporation, and registration of the legal entity,
within one year from
the enforcement date of this Act.
Article 3 (Transitional Measure concerning Dissolution of Autonomous
Informatization Associations)
The Autonomous Informatization Association existing at the time when this Act enters into force shall continue until the Development
Institute
is established and shall be governed by the previous provisions concerning
the Autonomous Informatization Association until the Development
Institute is established.
Article 4 (Succession to Rights and Obligations)
The Development Institute shall succeed to all property, facilities, and business that the Autonomous Informatization Association
has acquired or has a right to acquire under any relevant Act and subordinate statutes,
a contract, or otherwise and all rights and obligations arising from such
property, facilities, and business simultaneously at the time when the
- 32 -
제4편 행정일반 전자정부법
Development Institute is established.
Article 5 (Transitional Measure concerning Succession to Executives and
Employees and Dispatched Public Officials)
Executives and employees of the Autonomous Informatization Association are deemed to be appointed or employed as executive and employees
of
the Development Institute at the time when the Development Institute is established, and public officials dispatched to
the Autonomous
Informatization Association are deemed public officials dispatched to the
Development Institute established pursuant to the amended provisions of Article 50.
Article 6 Omitted.
ADDENDA <Act No. 8448, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9705, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
- 33 -
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