Enforcement Decree Of The Electronic Trade Facilitation Act


Published: 2007-09-10

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Electronic Trade Facilitation Act and those necessary for the enforcement thereof.
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 Article 2 (Scope of Trade-Related Acts and Subordinate Statutes)   print
The term"Acts and their subordinate statutes prescribed by the Presidential Decree"in subparagraph 2 of Article 2 of the Electronic Trade Facilitation Act (hereinafter referred to as the"Act") refers tothe following Acts and their subordinate statutes for their enforcement:<Amended by Presidential Decree No. 20257, Sep. 10, 2007>
1. The Customs Act (only Article 248 thereof);
3. The Commercial Act;
5. The Arbitration Act;
6. Acts that provide for procedures for exportation and importation,etc., which are included in the consolidated public notice of the guidelines for exportation and importation under Article 12 (2) of the Foreign Trade Act.
CHAPTER II SYSTEM FOR FACILITATION OF ELECTRONIC TRADE
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 Article 3 (Organization of National Electronic Trade Committee)   print
(1) The National Electronic Trade Committee under Article 5 of the Act (hereinafter referred to as the"Committee") shall consist of the followingex officiomembers:
1. The Minister of Finance and Economy; the Minister of Justice; the Minister of Government Administration and Home Affairs; the Minister of Culture and Tourism; the Minister of Commerce, Industry andEnergy; the Minister of Information and Communication; the Minister of Construction and Transportation; the Minister of Maritime Affairs and Fisheries; the Minister of Planning and Budget; the Minister of the Office for Government Policy Coordination; the Minister for Trade; and the Commissioner of the Korea Customs Service;
2. The Chairperson of the Korea Chamber of Commerce and Industry; the Chairperson of the Korea Federation of Small and Medium Business; the President of the Korea Trade Promotion Corporation; and the representative of electronic trade infrastructure business proprietors under Article 6 (1) of the Act (hereinafter referred to as"proprietors of electronic trade infrastructure business"); and
3. The Chairpersons of the Federation of Korean Industries and the Korea International Trade Association, both of which were established with the permission of the Minister of Commerce, Industry and Energy in accordance with Article 32 of the Civil Act.
(2) The Committee shall have one executive secretary who shall be responsible for processing its administrative affairs and appointed from among public officials in the Senior Executive Service working for the Ministry of Commerce, Industry and Energy.
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 Article 4 (Operation of the Committee)   print
(1) The Committee chairperson shall convene meetings of the Committee, and shall take chair of the meetings.
(2) If the Committee chairperson is unable to perform his/her duties due to an unavoidable cause or event, the Committee member appointed by the Committee chairperson shall act on his/her behalf.
(3) The Committee chairperson shall, whenever he/she intends to convene a meeting, issue each Committee member a written notice of the time and venue of the meeting and the items on the agenda by no later than seven days before the opening of such meeting:Provided, That the foregoing shall not apply if the meeting is required to be convened urgently or there is any other inevitable reason.
(4) Meetings of the Committee shall be duly formed to open with the presence of a majority of incumbent Committee members, and shall adopt resolutions by the affirmative vote of a majority of the Committee members present at a meeting.
(5) The Committee may, if necessary for carrying out its affairs, requestany related expert or public official with relevant expertise and experience to attend the Committee meeting to make a statement on his/her opinion.
(6) The Committee may, within its budget, reimburse allowances, travel expenses, and other necessary expenses to the related experts who attend a Committee meeting:Provided, That the foregoing shall not apply to public officials who attend a meeting in direct connection with their assigned duties.
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 Article 5 (Organization and Operation of Working Committee)   print
(1) The Working Committee of the National Electronic Trade Committee under Article 5 (5) of the Act (hereinafter referred to as the"Working Committee") shall be comprised of one Working Committee chairperson and 25 or less Working Committee members.
(2) The Vice Minister of the Ministry of Commerce, Industry and Energy shall act as the Working Committee chairperson, and Working Committee members shall consist of:
1. One person appointed by the head of each administrative agency, for which the person works, from among public officials in the Senior Executive Service working for the administrative agency, to which anex officioCommittee member belongs, public prosecutors (only in the case of the Ministry of Justice), or foreign service officers in the class of diplomatic minister or in a higher position (only in the case of the Ministry of Foreign Affairs and Trade);
2. One person appointed by the head of each institution, for which the person works, from among officers and employees of private institutions, to which anex officioCommittee member belongs; and
3. Other persons commissioned by the Working Committee chairperson for the efficient promotion of electronic trade.
(3) The Working Committee shall have one executive secretary, who shall be responsible for processing its administrative affairs and shall be appointed from among public officials in the Senior Executive Service and in charge of trade-related affairs working for the Ministry of Commerce, Industry and Energy.
(4) The Working Committee shall be responsible for the review and deliberation of items on the agenda presented to the Committee and the matters entrusted by the Committee or instructed by the Committee chairperson.
(5) Article 4 shall apply mutatis mutandis to the operation of the Working Committee. In this case, the term "Committeet" shall be construed as"Working Committee",while the term "Committee members" shall be construed as "Working Committee members".
CHAPTER III PROPRIETORS OF ELECTRONIC TRADE INFRASTRUCTURE BUSINESS
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 Article 6 (Standards for Designation of Proprietors of Electronic Trade Infrastructure Business)   print
(1) The term"standards prescribed by the Presidential Decree"in Article 6 (1) of the Act means the standards set forth in the following items:
1. It shall be a stock company under the Commercial Act;
2. Its paid-in capital shall be thirty billion won or more;
3. The same person other than a Government-invested institution under the Framework Act on the Management of Government-Invested Institutions or a non-profit corporation shall not own or actually control the total number of stocks with voting rights exceeding fifteen percent;
4. It shall have the capability of carrying out the operation of the electronic trade infrastructure and shall have at least fifteen persons who meet each of the following qualification requirements:
(a) National technical qualification as an information and communications engineer, information processing engineer, or electroniccomputer system application engineer or higher qualification underthe National Technical Qualifications Act or any other qualification determined and publicly announced as equivalent by the Minister of Commerce, Industry and Energy; and
(b) At least two years of career experience working in the field of telecommunications or information processing as defined by the National Technical Qualifications Act; and
5. It shall be equipped with the following facilities:
(a) Facilities for relaying the transmission and reception of electronic trade documents and facilities for storing them;
(b) Protective facilities for the stable operation of the electronic trade infrastructure;
(c) Facilities for the management, reproduction and storage of the electronic trade infrastructure, reproduction, and storage;
(d) Facilities for the recording and control of the date, time, and tracking of transmission and reception of electronic documents stored in the electronic trade infrastructure;
(e) Facilities for the issuance of certificates of electronic trade documents; and
(f) Facilities necessary for interconnecting the electronic trade infrastructure and foreign electronic trade networks.
(2) Limitations on the stocks owned or actually controlled by the same person under paragraph (1) 3 shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.
(3) Detailed matters regarding the facilities referred to in paragraph (1) 5 shall be determined and publicly noticed by the Minister of Commerce, Industry and Energy.
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 Article 7 (Procedures for Designation of Proprietors of Electronic TradeInfrastructure Business)   print
(1) Anyone who desires to obtain designation as a proprietor of electronic trade infrastructure business under Article 6 (1) of the Act shall submit to the Minister of Commerce, Industry and Energy an application for designation as a proprietor of electronic trade infrastructure business, along with accompanying documents as required by the Ordinance of the Ministry of Commerce, Industry and Energy.
(2) The Minister of Commerce, Industry and Energy shall, whenever he/ she designates anyone as a proprietor of electronic trade infrastructure business, issue a certificate of designation as a proprietor of electronic trade infrastructure business, notify the heads of the relevant administrative agencies and trade-related institutions thereof, and give public notice through the Official Gazette.
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 Article 8 (Business of Proprietors of Electronic Trade Infrastructure Business)   print
The term"business ..... prescribed by the Presidential Decree"in Article 6 (2) 10 of the Act means the business set forth in the following subparagraphs:
1. Educational programs for promoting and proliferating electronic trade,including publishing educational materials for the use of the electronic trade infrastructure, and developing and disseminating onlineeducational content related to electronic trade; and
2. Public relations activities for promoting and proliferating electronic trade.
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 Article 9 (Imposition of Penalty Surcharge)   print
(1) The amount of penalty surcharge under Article 11 (3) of the Act shall be imposed according to the type and degree of each offence as setforth in the attached Table.
(2) The Minister of Commerce, Industry and Energy may aggravate or abate the amount of penalty surcharge within the limit of one-forth of the amount of penalty surcharge under paragraph (1), considering the scale of business of the proprietor of electronic trade infrastructure business, and the degree and frequency of each offence.
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 Article 10 (Payment of Penalty Surcharges)   print
(1) In imposing penalty surcharge on a proprietor of electronic trade infrastructure business who has committed an offense pursuant to Article 11 (2) of the Act, the Minister of Commerce, Industry and Energy shall issue a written notice of demand for payment of penalty surcharge or as an electronic document, specifying the type of offence and the amount of penalty surcharge.
(2) A proprietor of electronic trade infrastructure business shall, upon receiving a notice of demand for payment of penalty surcharge under paragraph (1), pay the penalty surcharge to a recipient institution designated by the Minister of Commerce, Industry and Energy within twenty days from the date on which the notice is delivered:Provided, That if it is impossible to pay the penalty surcharge within the time limit due to natural disaster or any other inevitable cause or event, it shall be paid within seven days from the day on which such cause or event terminates.
(3) The recipient institution shall, upon receiving payment of the penalty surcharge under paragraph (2), either issue a written receipt to the payer or send such receipt in the form of an electronic document.
(4) The recipient institution for penalty surcharges shall, upon receiving payment of each penalty surcharge under paragraph (2), notify the Minister of Commerce, Industry and Energy of its receipt in writing or by an electronic document without any delay.
(5) No penalty surcharge may be paid in installments.
CHAPTER IV USE OF ELECTRONIC TRADE INFRASTRUCTURE
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 Article 11 (Procedure for Establishment of Standards)   print
The Minister of Commerce, Industry and Energy shall, when he/she in tendsto establish the standards for electronic trade documents pursuant to Article 13 (1) of the Act, refer the proposed standards to the Korea Electronic Document Standardization Committee under Article 9 of the Framework Act on Electronic Commerce for deliberation.
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 Article 12 (Subject Matters of Standardization)   print
The subject matters of the standardization of electronic trade documents under Article 13 (2) of the Act shall be electronic trade documents used in electronic trade infrastructure:Provided, That the documents already standardized pursuant to other Acts and subordinate statutes shall be governed by such Acts and subordinate statutes.
CHAPTER V SAFEKEEPING AND ATTESTATION OF ELECTRONIC TRADE DOCUMENTS
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 Article 13 (Method and Procedure for Issuing Certificates)   print
(1) Each proprietor of electronic trade infrastructure business shall, whenever issuing a certificate under Article 17 (1) of the Act in paper form, print its name and affix its seal on the certificate, and whenever some details of an electronic document is required to be attached, it shall print out such details and bind them together with the certificate with its seal affixed between the certificate and the printed details.
(2) Each proprietor of electronic trade infrastructure business shall, whenever issuing a certificate pursuant to paragraph (1), shall verify the identity of the applicant, as to whether the applicant falls under eitherofthe following subparagraphs with due authority for applying for issuance of such certificate, and as to whether the electronic trade document applied for issuance of such certificate is authentic:
1. The transmitter or addressee of the electronic trade document; or
2. A person designated by the transmitter or addressee of the electronic trade document;
(3) A certificate issued pursuant to paragraph (1) shall contain the following details:
1. Name of the applicant for issuance (or the trading name if the applicant is a juristic person);
2. Resident registration number of the applicant (or the corporate registration number if the applicant is a juristic person);
3. Serial number of the certificate, effective period, and purpose of use;
4. Date of application and date of issuance of the certificate; and
5. Information for verifying the authenticity of the proprietor of elec tronic trade infrastructure business, such as its name.
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 Article 14 (Control of Materials Related to Issuance of Certificates)   print
Every proprietor of electronic trade infrastructure business shall, whenever issuing a certificate, keep and control records for the materials concerning the date of application for issuance, the date of issuance, and the applicant's name of the certificate.
CHAPTER VI FACILITATION OF USE OF ELECTRONIC TRADE DOCUMENTS
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 Article 15 (Electronic Copy)   print
The term"electronic copy"in Article 19 (1) 2 of the Act means an electronic document in the reproducable form, which is made by copying an original paper document by an electronic scanner and reproducing and storing it with the content and form identical to the original document by a computer or any other information processing system.
CHAPTER VII SECURITY AND MANAGEMENT OF ELECTRONIC TRADE DOCUMENTS
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 Article 16 (Disclosable Electronic Trade Documents and Trade Informations)   print
The term"case ..... prescribed by the Presidential Decree"in Article 21(1) of the Act means a case falling under any of the following subparagraphs:
1. Where a transmitter or addressee of an electronic trade document files an application;
2. Where a central administrative agency or a local government files an application for an administrative purpose;
3. Where an investigative agency files an application for an investigative purpose;
4. Where a court delivers an order to submit; or
5. Where the Minister of Commerce, Industry and Energy deems necessary to disclose for any other reason upon a request from a proprietor of electronic trade infrastructure business.
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 Article 17 (Procedure for Disclosure of Electronic Trade Documents and Trade Information)   print
(1) Every proprietor of electronic trade infrastructure business shall, whenit intends to judge as to whether information for which an application for disclosure has been filed or an order to submit is delivered pursuant to subparagraphs 2 through 4 of Article 16 amounts to information that is not likely to cause any harm to national security or infringe the trade secrets of a business entity, consult with the Minister of Commerce, Industry and Energy in advance.
(2) A proprietor of electronic trade infrastructure business shall, when it seeks an opinion from any interested person in accordance with Article 21 (2) of the Act, hear it in writing or by an electronic document within twenty days from the date on which an application for disclosure of the information at issue is filed.
CHAPTER VIII SERVICE PROVIDER SPECIALIZING IN ELECTRONIC TRADE
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 Article 18 (Requirements for Registration of Service Providers Specializing in Electronic Trade)   print
(1) Anyone who desires to be registered as a service provider specializing in electronic trade under Article 22 (1) of the Act (hereinafter referredto as a"service provider specializing in electronic trade") shall meet eachof the following requirements:
1. It has been engaged in business that falls under any of subparagraphs of Article 22 (1) of the Act as it main business activity, and has performed such business for six months or more;
2. It possesses an operating system, capital, and manpower appropriate for carrying out the business under subparagraph 1;
3. In a case where its main business is any of the businesses set forth in Article 22 (1) 3 through 5 of the Act, it has entered into a contract with a proprietor of electronic trade infrastructure business and therefore it is able to access the electronic trade infrastructure; and
4. It uses electronic documents standardized in accordance with Article 13 of the Act.
(2) Further details on the operating system set forth as one of therequirements in paragraph (1) 2 shall be prescribed and publicly notified by the Minister of Commerce, Industry and Energy, while details on the capital and manpower shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.
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 Article 19 (Procedure for Registration of Service Provider Specializing in Electronic Trade)   print
(1) Anyone who desires to be registered as a service provider specializing in electronic trade shall submit to the Minister of Commerce, Industry and Energy an application for registration of service provider specializing in electronic trade in accordance with the provisions of the Ordinance of the Ministry of Commerce, Industry and Energy along with an accompanying documents certifying that it meets all the requirements set forth in Article 18.
(2) The Minister of Commerce, Industry and Energy shall, upon receivingan application for registration of service provider specializing in electronic trade under paragraph (1), register the applicant as a service provider specializing in electronic trade, if the applicant meets each requirement for registration under Article 18, issue a certificate of registration of the service provider specializing in electronic trade, give public notice thereof without delay, and keep the list of service providers specializing in electronic trade so that anyone may inspect the list.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relations with Other Acts and Subordinate Statutes)
A citation of the former Enforcement Decree of the Act on the Promotion of Office Automation for Trade or any provision thereof by any other act or subordinate statute in force at the time when this Decree enters into force, if any, shall be deemed to be a citation of this Decree or a corresponding provision of this Decree in lieu of the former provision, if such a corresponding provision exists herein.
ADDENDA<Presidential Decree No. 20257, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.