CHAPTER I GENERAL PROVISIONS
law view
| Article 1 (Purpose) |
 |
The purpose of this Act is to simplify trade procedures, rapidly circulate trade information and reduce time and costs of handling trade business by creating grounds for electronic trade and facilitating the wide use thereof, thereby enhancing the international competitiveness of domestic industries and contributing to the growth of the national economy.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 2 (Definitions) |
|
The definitions of terms used in this Act shall be as follows:
| 1. |
The term "electronic trade" means a transaction in which the whole or any part of the trade under subparagraph 1 of Article 2 of the Foreign Trade Act is handled by means of electronic trade documents; |
| 2. |
The term "trader" means a trader under subparagraph 3 of Article 2 of the Foreign Trade Act who files an application, report, etc. (hereinafter referred to as "application, etc.") with a trade-related agency in accordance with Acts and subordinate statutes governing foreign trade, Acts and subordinate statutes governing foreign exchange transactions, other Acts and subordinate statutes prescribed by Presidential Decree, and contracts for transportation, insurance, etc. that are concluded between the relevant parties (hereinafter referred to as "trade-related Acts, etc.); |
| 3. |
The term "trade-related agency" means an agency which provides trade-related services prescribed in trade-related Acts and subordinate statutes, etc. to traders, or grants authorization, licenses or certification and accepts reports, etc. (hereinafter referred to as "authorization, etc."); |
| 5. |
The term "elctronic trade infrastructure" means an information system that intermediates, keeps and certifies electronic trade documents by systematically interlinking traders with trade-related agencies through information and communications networks. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 3 (Scope of Application) |
|
This Act shall apply to all electronic trades except for those as provided for in other Acts.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER II SYSTEM FOR FACILITATING ELECTRONIC TRADE
law view
| Article 4 (Development and Implementation of Measures to Facilitate Electronic Trade) |
|
| (1) |
In order to promote electronic trade, the Minister of Knowledge Economy shall develop and implement measures to facilitate electronic trade which include the following (hereinafter referred to as "facilitation measures"): |
| 1. |
Matters on the basic direction of the facilitation measures; |
| 2. |
Matters on the building and operation of electronic trade infrastructure; |
| 3. |
Matters on the creation of an elctronic trade-friendly environment; |
| 4. |
Matters on international collaboration regarding electronic trade; |
| 5. |
Matters on the collection, analysis and utilization of statistical data regarding electronic trade; |
| 6. |
Matters on mediation, etc. for the settlement of disputes between parties regarding electronic trade; |
| 7. |
Matters on the securement and allocation of funds to facilitate electronic trade; |
| 8. |
Other matters necessary to facilitate electronic trade. |
| (2) |
In developing facilitation measures, the Minister of Knowledge Economy shall confirm matters related to national informatization pursuant to subparagraph 3 of Article 3 of the Framework Act on National Informatization after deliberation by the National Informatization Strategy Committee under Article 9 (1) of the same Act. This shall also apply to any change to the facilitation measures. |
| (3) |
In order to implement facilitation measures, the Minister of Knowledge Economy may provide necessary support to the agencies or organizations engaging in business related to electronic trade, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 5 (Establishment of National Electronic Trade Committee) |
|
| (1) |
The National Electronic Trade Committee (hereinafter referred to as the "Committee") under the jurisdiction of the Minister of Knowledge Economy shall be established in order to deliberate on and coordinate the following matters regarding the facilitation of electronic trade: |
| 1. |
Matters on the facilitation measures; |
| 2. |
Matters on cooperation among central administrative agencies involved in the promotion of electronic trade; |
| 3. |
Matters on the modification and improvement of the laws, regulations and systems related to electronic trade; |
| 4. |
Other major matters on the promotion of electronic trade. |
| (2) |
The Committee shall be comprised of not more than 20 members including one Chairperson, and the members are divided into ex officio members and commissioned members. |
| (3) |
The Minister of Knowlege Economy shall serve as Chairperson; vice minister-level or higher ranking public officials of relevant central administrative agencies as prescribed by Presidential Decree and the heads of relevant institutions shall serve as ex officio members, and commissioned members shall be persons with considerable knowledge and experience on electronic trade commissioned by the Chairperson. |
| (4) |
The working committee shall be established for the efficient operation of the Committee. |
| (5) |
Matters necessary for the organization and operation of the Committee and the working committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER III ELECTRONIC TRADE INFRASTRUCTURE BUSINESS OPERATORS
law view
| Article 6 (Designation, etc. of Electronic Trade Infrastructure Business Operators) |
|
| (1) |
The Minister of Knowledge Economy may designate a telecommunications business operator under subparagraph 8 of Article 2 of the Telecommunications Business Act who satisfies the requirements of Presidential Decree in terms of capital, manpower and technical skills as a person who will undertake electronic trade infrastructure business, as prescribed by Presidential Decree. |
| (2) |
A person designated under paragraph (1) (hereinafter referred to as "electronic trade infrastructure business operator") may perform the following tasks or business affairs: |
| 1. |
Tasks of operating tasks for electronic trade infrastructure; |
| 2. |
Tasks of interlinkining electronic trade infrastructure with foreign electronic trade networks; |
| 3. |
Tasks of intermediating, keeping and certifying trade-related business affairs pursuant to the subparagraphs of Article 12 (1) via electronic trade infrastructure; |
| 4. |
Business of Intermediating electronic trade documents; |
| 5. |
Business that utilizes linkage under subparagraph 2; |
| 6. |
Business related to electronic trade services using electronic trade infrastructure; |
| 7. |
Research on the standardization of electronic trade documents; |
| 8. |
Business of manufacturing and disseminating a collection of trade-related data such as electronic trade documents and information on the distribution of trade cargo (hereinafter referred to as "trade information"), which is systematically processed and kept to be used for searching, etc. (hereinafter referred to as "database"), and business that utilizes such database; |
| 9. |
Business of dissemination of technology related to the intermediation, etc. of electronic trade documents for traders and trade-related agencies, and post-management of the disseminated technology; |
| 10. |
Other businesses prescribed by Presidential Decree for the promotion of electronic trade, such as education and publicity. |
| (3) |
No person other than an electronic trade infrastructure business operator shall perform business affairs provided for in paragraph (2) 1 through 3. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 7 (Disqualification Grounds for Electronic Trade Infrastructure Business Operators) |
|
| (1) |
None of the following persons shall be designated as an electronic trade infrastructure business operator. This shall also apply where a corporation seeking to be designated as an electronic trade infrastructure business operator has an officer falling under any of the following subparagraphs: |
| 1. |
An incompetent or quasi-incompetent person; |
| 2. |
A bankrupt who has yet to be reinstated; |
| 3. |
A person for whom one year has not passed since his/her imprisonment or heavier punishment was completely enforced (including cases where it is deemed to have been enforced) or exempted after he/she had been sentenced thereto for violation of this Act; |
| 4. |
A person under a suspended sentence of imprisonment or heavier punishment after being sentenced thereto for violation of this Act; |
| 5. |
A person for whom two years have not passed since his/her designation was revoked under Article 11 (1). |
| (2) |
Where an electronic trade infrastructure business operator falls under any subparagraph of paragraph (1), his/her designation shall lose its effect from the time he/she is found to fall under such subparagraph: Provided, That this shall not apply where any of such events occurs to an executive of a corporation and such executive is replaced by another person within three months therefrom. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 8 (Report of Service Charges) |
|
Where an electronic trade infrastructure business operator intends to fix service charges for the business affairs provided for in Article 6 (2) 3 or to change such charges in order to raise funds necessary to operate electronic trade infrastructure, he/she shall file a report thereon with the Minister of Knowledge Economy along with the related materials, such as documents indicating the amount thereof and the details of the account, as determined and publicly notified by the Minister of Knowledge Economy.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 9 Deleted.<by Act No. 9377, Jan. 30, 2009> |
|
law view
| Article 10 (Corrective Orders) |
|
Where an electronic trade infrastructure business operator falls under any of the following subparagraphs, the Minister of Knowledge Economy may order him/her to make a correction within a specified period of not more than six months:
| 1. |
Where he/she no longer meets the standards for designating electronic trade infrastructure business operators pursuant to Article 6 (1); |
| 2. |
Where it is deemed that the safety and accuracy of intermediating, keeping and certifying electronic trade documents are not ensured; |
| 3. |
Where he/she fails to file a report pursuant to Article 8. |
[Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 11 (Revocation, etc. of Designation) |
|
| (1) |
Where an electronic trade infrastructure business operator falls under any of the following subparagraphs, the Minister of Knowledge Economy may revoke his/her designation or order him/her to suspend, in whole or in part, his/her business provided for in Article 6 (2) for a specified period of not more than one year, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That in cases where he/she falls under subparagraph 1 or 2, his/her designation shall be revoked: |
| 1. |
Where he/she obtains the designation under Article 6 (1) by false or other unlawful means; |
| 2. |
Where he/she continues to run his/her business during the period of business suspension; |
| 3. |
Where he/she fails to comply with a corrective order under Article 10 within a specified period; |
| 4. |
Where he/she makes electronic trade documents and trade information public, in violation of the main sentence of Article 21 (1); |
| 5. |
Where he/she rejects, interferes with, or evades access or an inspection by relevant public officials under Article 26 (1). |
| (2) |
Where an electronic trade infrastructure business operator falls under any of paragraph (1) 3 through 5 and is thus subject to a disposition of business suspension, and such business suspension is deemed to be likely to cause severe inconvenience to persons using services rendered by the electronic trade infrastructure business operator or harm public interest, the Minister of Knowledge Economy may impose a penalty surcharge not exceeding 500 million won in lieu of such business suspension. |
| (3) |
The amount of a penalty surcharge that is to be imposed according to the kind, content and seriousness of an act of violation pursuant to paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. |
| (4) |
Where a person obligated to pay the penalty surcharge under paragraph (2) fails to pay such penalty surcharge by the payment deadline, the Minister of Knowledge Economy shall collect such in the same manner as delinquent national taxes are collected. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER IV USE, ETC. OF ELECTRONIC TRADE INFRASTRUCTURE
law view
| Article 12 (Use, etc. of Electronic Trade Infrastructure) |
|
| (1) |
A trader or trade-related agency seeking to carry out trade affairs by means of electronic trade documents may use electronic trade infrastructure: Provided, That when they conduct any of the following business affairs using electrionic documents, such affairs shall be carried out via electronic trade infrastructure: |
| 1. |
Notifying letters of credit by institutions dealing with foreign exchange affairs; |
| 2. |
Issuing letters of guarantee by institutions dealing with foreign exchange affairs; |
| 3. |
Opening local letters of credit by institutions dealing with foreign exchange affairs; |
| 4. |
Issuing written requirement confirmations by institutions involved in the confirmation of requirements for export and import on the integrated publication pursuant to Article 12 (2) of the Foreign Trade Act: Provided, That cases where the head of the competent customshouse confirms them pursuant to Article 226 of the Customs Act shall be excluded herefrom; |
| (2) |
Where traders and trade-related agencies intend to conduct trade affairs using electronic trade infrastructure, they shall use standardized electronic trade documents under Article 13. |
| (3) |
The Korea Customs Service shall link its work to the business of electronic trade infrastructure business operators by transmitting certificates of completion of report under Article 248 (1) of the Customs Act, certificates of origin issued by the heads of the competent customshouses pursuant to Articles 37 and 52 (1) of the Foreign Trade Act, and documents used for confirmation under the proviso to paragraph (1) 4 to electronic trade infrastructure in the form of electronic documents. |
| (4) |
An electronic trade infrastructure business operator may provide anyone, who intends to send or receive electronic trade documents after being commissioned by a trader, with access to electronic trade infrastructure. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 13 (Standardization of Electronic Trade Documents) |
|
| (1) |
In order to facilitate electronic trade, the Minister of Knowledge Economy shall standardize electronic trade documents and publicly notify them after consulting with the heads of relevant central administrative agencies, as prescribed by Presidential Decree. In such cases, this shall also apply to any change to the publicly notified matters. |
| (2) |
Matters concerning the details and subjects of, and the procedures for, the standardization of electronic trade documents pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 14 (Validity of Applications, etc. or Approvals, etc.) |
|
Where a trader or trade-related agency deals with an application, etc. or approval, etc. by means of electronic trade documents via electronic trade infrastructure, such application, etc. or approval, etc. shall be deemed to have been processed according to the procedures set by trade-related Acts and subordinate statutes, etc.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 15 (Validity of Electronic Trade Documents) |
|
Electronic trade documents applied, etc. or approved, etc. by any trader or trade-related agency via electronic trade infrastructure shall be deemed to be documents processed according to the procedures set by trade-related Acts and subordinate statutes, etc.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER V KEEPING AND ATTESTATION OF ELECTRONIC TRADE DOCUMENTS
law view
| Article 16 (Validity of Electronic Trade Documents Kept by Electronic Trade Infrastructure Business Operators) |
|
| (2) |
Where an electronic trade infrastructure business operator intends to use his/her digital signature in order to keep electronic trade documents, he/she shall use his/her certified digital signature under subparagraph 3 of Article 2 of the Digital Signature Act. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 17 (Certification of Electronic Trade Documents) |
|
| (1) |
Where any electronic trade infrastructure business operator issues a certificate proving the date and time when electronic trade documents were sent and received, the relevant parties, etc., the specifications indicated in such certificate shall be deemed to be authentic. |
| (2) |
The standard forms, methods, procedures, etc. that have to be complied with by an electronic trade infrastructure business operator when he/she issues a certificate under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) |
Where any electronic trade infrastructure business operator uses his/her digital signature in order to certify electronic trade documents, he/she shall use his/her certified digital signature under subparagraph 3 of Article 2 of the Digital Signature Act; where he/she intends to confirm the time when electronic trade documents were sent or received, he/she shall affix his/her digital signature to the confirmation pursuant to Article 20 of the same Act. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER VI FACILITATION OF USE OF ELECTRONIC TRADE DOCUMENTS
law view
| Article 18 (Facilitation of Use of Electronic Trade Documents) |
|
The Government shall upgrade various Acts and subordinate statutes and develop and implement necessary policy steps in order to facilitate the use of electronic trade documents.
law view
| Article 19 (Special Cases concerning Attached Documents Needed to File Applications, etc.) |
|
| (1) |
Where attached documents necessary to file an application, etc. set forth in trade-related Acts and subordinate statutes, etc. are kept in electronic trade infrastructure, the Minister of Knowledge Economy may exempt the relevant person from submitting such attached documents; where the attached documents are not kept in electronic trade infrastructure, the Minister of Knowledge Economy may require the attached documents to be submitted by any of the following methods: |
| 1. |
Where the attached documents are prepared in standardized electronic trade documents pursuant to Article 13, such documents shall be submitted after the applicant's certified digital signature under subparagraph 3 of Article 2 of the Digital Signature Act is affixed thereto; |
| 2. |
Where the attached documents are prepared in paper format, such documents shall be submitted after the applicant's certificated digital signature under subparagraph 3 of Article 2 of the Digital Signature Act is affixed to the electronic copies (referring to the copies prepared in electronic trade documents, as prescribed by Presidential Decree) of the relevant attached documents. |
| (2) |
When the Minister of Knowledge Economy intends to allow the non-submission of attached documents pursuant to paragraph (1), he/she shall publicly notify the extent thereof (including posting on the Internet) after consulting with the heads of relevant central administrative agencies. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER VII SECURITY AND MANAGEMENT OF ELECTRONIC TRADE DOCUMENTS
law view
| Article 20 (Security of Electronic Trade Documents and Trade Information) |
|
| (1) |
No person shall forge or modify any electronic trade document recorded in the computer files of an electronic trade infrastructure business operator, a service business operator specializing in electronic trade under Article 22, a trader or a trade-related agency, or any trade information entered in their database, or use forged or modified electronic trade document or information. |
| (2) |
No person shall make a certificate under Article 17 (1) to be issued by means of information processing, etc. after entering false information or an illegal order in a computer or any other information-processing device of any electronic trade infrastructure business operator. |
| (3) |
No person shall damage any electronic trade document recorded in the computer files of an electronic trade infrastructure business operator, a service business operator specializing in electronic trade under Article 22, a trader or a trade-related agency, or any trade information entered in their databases, or infringe on their business secret. |
| (4) |
No current or former executive or employee of an electronic trade infrastructure business operator shall reveal or abuse any confidential information on the electronic trade documents or trade information which he/she has become aware of in the course of duty. |
| (5) |
Each electronic trade infrastructure business operator shall keep electronic trade documents and databases for three years. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 21 (Publication of Electronic Trade Documents and Trade Information) |
|
| (1) |
No electronic trade infrastructure business operator shall make public any electronic trade document recorded in his/her computer files and any trade information entered in his/her database: Provided, That he/she may make public such document and information in cases where it will neither endanger national security nor infringe on any business secret of a company, as prescribed by Presidential Decree. |
| (2) |
When an electronic trade infrastructure business operator intends to make public any electronic trade document and trade information pursuant to the proviso to paragraph (1), he/she shall seek opinions from interested persons. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER VIII SERVICE BUSINESS OPERATOR SPECIALIZING IN ELECTRONIC TRADE
law view
| Article 22 (Support, etc. for Service Business Operators Specializing in Electronic Trade) |
|
| (1) |
In order to efficiently support traders engaging in electronic trade and to promote electronic trade, the Minister of Knowledge Economy may provide necessary support to those who have registered with the Minister of Knowledge Economy as a service business operator specializing in electronic trade, who satisfies the registration requirements prescribed by Presidential Decree in terms of capital, personnel, etc. and run a business falling under any of the following subparagraphs (hereinafter referred to as "service business operator specializing in electronic trade"): |
| 1. |
A business of arranging and vicariously executing trade transactions through information and communications networks; |
| 2. |
A business of assisting traders in overseas marketing through information and communications networks; |
| 3. |
A business of intermediating electronic trade documents; |
| 4. |
A business run by using linkage under Article 6 (2) 2; |
| 5. |
A business of providing electronic trade services by using electronic trade infrastructure; |
| 6. |
A business of making, distributing and using the database of electronic trade documents and trade information; |
| 7. |
Any other business to facilitate electronic trade, as prescribed by Presidential Decree. |
| (2) |
The procedure for registering a service business operator specializing in electronic trade pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 23 (Revocation of Registration of Service Business Operator Specializing in Electronic Trade) |
|
Where any service business operator specializing in electronic trade falls under subparagraph 1, the Minister of Knowledge Economy shall revoke his/her registration, and where he/she falls under subparagraph 2, the Minister of Knowledge Economy may revoke his/her registration:
| 1. |
Where his/her registration under Article 22 is filed by false or other unlawful means; |
| 2. |
Where he/she no longer satisfies the registration requirements under Article 22 (1). |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER IX FACILITATION, ETC. OF DEVELOPMENT OF ELECTRONIC TRADE TECHNIQUES
law view
| Article 24 (Facilitating Development of Electronic Trade Technology) |
|
The Government shall facilitate the following in order to develop technology required for facilitating electronic trade and raising the level of technology:
| 1. |
Matters concerning survey, research and development of technology for electronic trade and the wide use of developed technology; |
| 2. |
Matters concerning technological cooperation in electronic trade, technological guidance and transfer of technology; |
| 3. |
Matters concerning efficient distribution of technological information pertaining to electronic trade and collaboration among industrial circles, academia and research institutes; |
| 4. |
Other matters necessary to develop electronic trade technology. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 25 (Training of Electronic Trade Professionals) |
|
| (1) |
The Government shall endeavor to train professionals specializing in electronic trade, who are necessary to facilitate electronic trade. |
| (2) |
In order to train professionals specializing in electronic trade pursuant to paragraph (1), the Government may wholly or partly subsidize expenses incurred by government-funded research institutions pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions, government-funded research institutions in the fields of science and technology pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions, schools pursuant to the Higher Education Act, lifelong educational establishments in the form of cyber university pursuant to the Lifelong Education Act, non-governmental educational institutions, and other related institutions. |
| (3) |
Necessary matters concerning the subsidization of expenses under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER X SUPPLEMENTARY PROVISIONS
law view
| Article 26 (Access, Inspections, etc.) |
|
| (1) |
Where necessary to ensure safety and the efficient operation of electronic trade infrastructure, the Minister of Knowledge Economy may have related public officials gain access to offices, places of business of any electronic trade infrastructure business operator and other necessary places to inspect facilities, equipment, documents, and other articles related to the intermediation, safe-keeping, certification, etc. of electronic trade documents, or to inquire of related persons. |
| (2) |
Where public officials intend to gain access to offices to conduct an inspection pursuant to paragraph (1), they shall notify the relevant electronic trade infrastructure business operator of an inspection plan indicating the date and time of, grounds for, and the details of, the inspection by no later than 14 days prior to the date of inspection: if notified in advance, this shall not apply in case of emergency or where it is deemed that the aim of the inspection may not be achieved due to destruction of evidence, etc. |
| (3) |
Public officials who gain access to offices, etc. to conduct an inspection pursuant to paragraph (1) shall carry a certificate indicating their authority and present it to the related person and shall deliver a document stating their names, the time for the access and inspection, and the objective of the inspection to the replated person. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 27 (Hearings) |
|
Where the Minister of Knowledge Economy intends to revoke the designation of any electronic trade infrastructure business operator pursuant to Article 11 (1), he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 28 (Delegation of Authority) |
|
The Minister of Knowledge Economy may delegate part of his/her authority under this Act to the heads of its affiliated agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or the Governor of a Special Self-Governing Province, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 29 (Legal Fiction of Public Officials in Application of Penal Provisions) |
|
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
CHAPTER XI PENAL PROVISIONS
law view
| Article 30 (Penal Provisions) |
|
| (1) |
A person who falls under any of the following subparagraphs shall be sentenced to imprisonment for not more than one year but not exceeding ten years or by a fine not exceeding 100 million won: |
| 1. |
A person who forges or modifies any electronic trade document recorded in the computer files of an electronic trade infrastructure business operator, a service business operator specializing in electronic trade, a trader or a trade-related agency, or any trade information entered in their database, or uses any forged or modified electronic trade document or trade information, in violation of Article 20 (1); |
| 2. |
A person who makes a certificate under Article 17 (1) to be issued by means of information processing, etc. after entering false information or illegal orders in a computer or any other information processing device of an electronic trade infrastructure business operator, in violation of Article 20 (2). |
| (2) |
A person who attempts to commit a crime as described in paragraph (1) shall be punished. |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 31 (Penal Provisions) |
|
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won:
| 1. |
A person who conducts the business affairs provided for in Article 6 (2) 1 through 3 without having been designated as an electronic trade infrastructure business operator, in violation of Article 6 (3); |
| 2. |
A person who damages any electronic document recorded in the computer files of an electronic trade infrastructure business operator, a service business operator specializing in electronic trade, a trader or a trade-related agency, or any trade information entered in their database, or infringes on their business secret, in violation of Article 20 (3); |
| 3. |
A person who divulges or abuses any confidential information pertaining to electronic trade documents or trade information that he/she has becomes aware of in conducting business, in violation of Article 20 (4); |
| 4. |
An electronic trade infrastructure business operator who fails to keep electronic documents or databases for three years, in violation of Article 20 (5). |
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 32 (Penal Provisions) |
|
A person who conducts business affairs under any subparagraph of Article 12 (1) by means of electronic documents without using electronic trade infrastructure, in violation of the proviso to Article 12 (1) shall be punished by a fine not exceeding 20 million won.
[This Article Wholly Amended by Act No. 10591, Apr. 14, 2011]
law view
| Article 33 (Joint Penal Provisions) |
|
When the representative of a corporation, or an agent, an employee, or other employed person of a corporation or an individual commits an act of violation falling under any of Articles 30 through 32 in connection with the business of the corporation or the individual, not only such an offender shall be punished, but the corporation or the individual shall be punished by a fine referred to in the relevant provisions: Provided, That this shall not apply to cases where the corporation or the individual has not neglected to pay reasonable attention to and supervise the relevant business in order to prevent such act of violation.
[This Article Wholly Amended by Act No. 9247, Dec. 26, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 12 (1) 2, 7 and 8 shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measure concerning Designated Business Operators)
The designated business operator who runs the trade automation business after having being designated pursuant to the provisions of Article 5 of the Act on the Promotion of Office Automation for Trade at the time this Act enters into force shall be subject to the application of the previous provisions until the time when the electronic trade infrastructure business operator is first designated pursuant to the provisions of Article 6 (1) of this Act.
Article 3 (Transitional Measure concerning Penal Provisions)
The application of the penal provisions to the act committed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 4 Omitted.
Article 5 (Relations with Other Acts)
Where the Act on the Promotion of Office Automation for Trade or its provisions have been cited in other Acts at the time this Act enters into force, this Act or corresponding provisions of this Act shall, if any, be deemed to have been cited instead of the previous provisions.
ADDENDA<Act No. 8356, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8381, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 18 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.
ADDENDUM<Act No. 9247, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 9377, Jan. 30, 2009>
This Act shall enter into force six months after the date of its promulgation.
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.
ADDENDUM<Act No. 10591, Apr. 14, 2011>
This Act shall enter into force on the date of its promulgation.
