Software Industry Promotion Act (Act No. 3984 of December 4, 1987, as amended up to Act No. 13583 of December 22, 2015), Republic of Korea

법령, 판례 등 모든 법령정보를 한 번에 검색 OK !

SOFTWARE INDUSTRY PROMOTION ACT

[Enforcement Date 23. Mar, 2016.] [Act No.13583, 22. Dec, 2015., Partial Amendment]

미래창조과학부 (소프트웨어정책과)02-2110-1812

법제처 국가법령정보센터 www.law.go.kr

2017.05.15

「SOFTWARE INDUSTRY PROMOTION ACT」

SOFTWARE INDUSTRY PROMOTION ACT

[Enforcement Date 23. Mar, 2016.] [Act No.13583, 22. Dec, 2015., Partial Amendment]

미래창조과학부 (소프트웨어정책과) 02-2110-1812

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to provide for matters necessary to promote the software

industry, to lay a foundation for developing the software industry and to bolster the

competitiveness of the software industry for the ultimate purpose of contributing to

improvement of the people's lives and sound development of the national economy.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:<Amended by Act No. 12872,

Dec. 30, 2014>

1. The term "software" means a collection of instructions and commands (including

audio or visual information, etc.) that enables equipment, such as computers,

communications apparatuses and automation equipment and peripheral equipment to

command, control, input, process, save, output and interact, and descriptions used

to prepare them and other related data;

2. The term "software industry" means the industry related to the development,

manufacture, production, distribution, etc. of software, and services related thereto

and the establishment, operation, etc. of the information system as defined in

subparagraph 13 of Article 2 of the Electronic Government Act;

3. The term "software business" means economic activities related to the software

industry;

4. The term "software business operator" means a person who runs a software

business;

5. The term "software engineer" means a person who has obtained technical

qualifications in the field of information processing in accordance with the National

Technical Qualifications Act, or who has an educational background or a career

prescribed by Presidential Decree in the field of software technologies;

법제처 1 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

6. The term "software process" means a series of methods, procedures, activities,

etc. used for the development, maintenance and repair of software;

7. The term "software promotion facilities" means facilities designated under Article

5 to support business activities performed by software business operators by

attracting software business operators and related supporting facilities in groups;

8. The term "software promotion complex" means an area designated and created

under Article 6 to support business activities, etc. performed by software business

operators by attracting software business operators, related supporting facilities,

etc. in that area;

9. The term “owner” means a person (excluding a person who is a contractor and

intends to subcontract software business which he/she has contracted: Provided,

That where the head of a State agency, etc. enters into a contract for software

business from overseas countries, he/she shall be regarded as an owner) who

enters into a contract for software business with a software business operator;

10. The term “contract” means an agreement which promises to complete software

business regardless of titles such as general contract, subcontract and commission,

and that the counterpart promises to pay the price for the results of the work;

11. The term “subcontract” means an agreement that a contractor enters into a

contract with other software business operators so as to make a software business

contract which he/she has signed (including where a business which has been

subcontracted is re-subcontracted);

12. The term “contractor” means a software business operator who enters into a

contract for software business with an owner (including a business operator who

enters into a subcontract);

13. The term “subcontractor” means a person who enters into a subcontract for

software business with a contractor (including a re-subcontractor who enters into

a subcontract with a subcontractor).

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 3 (Duties and Responsibilities of State and Local Governments)

The State and local governments shall formulate and implement policy measures

necessary to develop the software industry.

법제처 2 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 4 (Establishment, etc. of Master Plans) (1) The Minister of Science, ICT and

Future Planning shall formulate a medium-to long-term master plan for promoting

the software industry (hereinafter referred to as "master plan"). <Amended by Act No.

11690, Mar. 23, 2013>

(2) The master plan shall include the following matters:<Amended by Act No. 12722, Jun.

3, 2014>

1. Basic direction-setting for polices to develop the software industry;

2. Matters relating to policies to develop the software industry by sector;

3. Matters relating to the establishment of a foundation for the software industry;

4. Matters relating to the nurturing of software business operators, including support

for software start-up businesses;

5. Matters relating to the training of software specialists;

6. Matters relating to the research and development of software technology and

dissemination thereof;

7. Matters relating to the facilitation of software utilization and distribution;

8. Matters relating to the international cooperation and entry into overseas markets;

9. Matters relating to the invigoration of software asset management;

10. Other matters necessary for developing the software industry.

(3) The Minister of Science, ICT and Future Planning shall formulate and implement

a detailed implementation plan (hereinafter referred to as "implementation plan") in

line with a master plan. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Matters necessary to formulate and execute a master plan and implementation

plan shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

CHAPTER II ESTABLISHMENT OF FOUNDATION FOR DEVELOPMENT OF

SOFTWARE INDUSTRY

Article 5 (Designation, etc. of Software Promotion Facilities) (1) In order to promote

the software industry, the Minister of Science, ICT and Future Planning may

formulate policies necessary to designate software promotion facilities (hereinafter

법제처 3 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

referred to as "promotion facility") and provide funds and facilities. <Amended by

Act No. 11690, Mar. 23, 2013>

(2) Any person who intends to be designated as a promotion facility (including local

governments) shall file an application for such designation, as prescribed by

Presidential Decree.

(3) The Minister of Science, ICT and Future Planning shall designate a facility which

has filed an application for the designation as promotion facilities pursuant to

paragraph (2), unless it falls under either of the following cases:<Newly Inserted by Act

No. 12722, Jun. 3, 2014>

1. Where it fails to meet the designation requirements under paragraph (6);

2. Where it violates restrictions under other Acts and subordinate statutes.

(4) Where the Minister of Science, ICT and Future Planning designates the

promotion facilities in accordance with paragraph (1), he/she may attach conditions

necessary for upgrading the promotion facilities. In such cases, such conditions shall

be limited to the minimum required for enhancing the public interest and shall not

impose unjust obligations.<Amended by Act No. 11690, Mar. 23, 2013;>

(5) Promotion facilities designated under paragraph (1) shall be deemed designated

as facilities for agglomerating venture businesses under Article 18 of the Act on

Special Measures for the Promotion of Venture Businesses.<Amended by Act No. 12722,

Jun. 3, 2014>

(6) Requirements for designating promotion facilities and matters necessary for

supporting such facilities shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 6 (Designation and Creation of Software Promotion Complexes) (1) For the

purpose of developing the software industry, the Minister of Science, ICT and Future

Planning may, if necessary, designate or create a software promotion complex

(hereinafter referred to as "promotion complex") in an area where software business

operators and related supporting facilities are collectively residing or expected to

reside. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Requirements for designating promotion complexes, matters necessary for

designating and creating such promotion complexes and other matters shall be

prescribed by Presidential Decree.

법제처 4 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 7 (Cancellation of Designation of Promotion Facilities, etc.)

In either of the following cases, the Minister of Science, ICT and Future Planning

may cancel the designation of promotion facilities, as prescribed by Presidential

Decree:<Amended by Act No. 11690, Mar. 23, 2013; Act No. 12722, Jun. 3, 2014>

1. Where promotion facilities or promotion complexes do not satisfy the

requirements for designation any longer;

2. Where any person whose facilities have been designated as promotion facilities

fails to fulfill the conditions imposed on the designation under Article 5 (4).

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 8 (Vitalization of Software Start-Up Businesses)

In order to vitalize software start-up businesses and the growth and development of

start-up business operators, the Minister of Science, ICT and Future Planning may

allow public organizations authorized to use State property free of charge under

Article 34 (1) 3 of the State Property Act to sublease such State property to

persons who intend to establish start-up businesses or other persons prescribed by

Presidential Decree, notwithstanding the provisions of Article 30 (2) of the same

Act.<Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 9 (Support for Promotion Facilities, etc. by Local Governments)

Local governments may, if deemed necessary for developing the software industry,

make contributions or investments for any person who intends to build promotion

facilities or promotion complex, or for public organizations, etc. which support the

establishment of software start-up businesses.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

<Amended by Act No.12687, May 28, 2014>

Article 10 (Training of Software Specialists) (1) The Minister of Science, ICT and

Future Planning may provide educational training to train software specialists, such

as software engineers, and upgrade their qualifications. <Amended by Act No. 11690, Mar.

23, 2013>

법제처 5 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

(2) The Minister of Science, ICT and Future Planning may designate research

institutes, universities and other institutions or organizations prescribed by

Presidential Decree as institutions for training and educating software specialists to

have them provide educational training pursuant to paragraph (1), and may provide

budget necessary for such educational training.<Amended by Act No. 11690, Mar. 23,

2013>

(3) Matters necessary for the designation, including formulation of plans for

nurturing and educational training of software specialists and requirements to be

designated as an institution for training of specialists pursuant to paragraphs (1) and

(2) shall be prescribed by Presidential Decree.

(4) Where any institution for training and educating software specialists designated

under paragraph (2) falls under any of the following subparagraphs, the Minister of

Science, ICT and Future Planning may cancel the designation thereof:<Amended by Act

No. 11690, Mar. 23, 2013>

1. Where it has been designated by fraud or other improper means;

2. Where it fails to meet the requirements for designation prescribed by Presidential

Decree for at least three consecutive months;

3. Where a person who has not completed the training was deemed to have

completed such training.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 11 (Promotion of Development of Software Technologies)

For the purpose of facilitating the development of technologies related to the

software industry, the Government may fully or partially contribute or subsidize

necessary funds to any person who performs a project to develop software

technologies.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 12 (Promotion of Software Standardization) (1) For the purpose of efficiently

developing, improving the quality of and securing compatibility of software, the

Minister of Science, ICT and Future Planning may promote the standardization of

software and advise software business operators to standardize software. <Amended

by Act No. 11690, Mar. 23, 2013>

법제처 6 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

(2) The Minister of Science, ICT and Future Planning may designate specialized

institutions to facilitate the standardization of software and provide budget necessary

for such institutions to standardize software.<Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 13 (Good Software Certification) (1) The Minister of Science, ICT and Future

Planning may award good software certification to secure the quality of software and

facilitate their distribution. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Science, ICT and Future Planning may designate authentication

institutions to grant quality certifications pursuant to paragraph (1).<Amended by Act

No. 11690, Mar. 23, 2013>

(3) Where an authentication institution designated under paragraph (2) receives an

application for quality certification, it shall grant good software certification if the

application is deemed in compliance with certification standards prescribed by

Presidential Decree.

(4) With respect to the goods, the quality of which is certified under paragraph (1),

the Minister of Science, ICT and Future Planning may request the heads of the

central administrative agencies for preferential purchase by public institutions

pursuant to Article 13 of the Act on Facilitation of Purchase of Small and Medium

Enterprise-Manufactured Products and Support for Development of Their Markets

and for financial support pursuant to Article 4 of the Basic Research Promotion and

Technology Development Support Act.<Amended by Act No. 11690, Mar. 23, 2013>

(5) Where any authentication institution designated under paragraph (2) falls under

any of the following subparagraphs, the Minister of Science, ICT and Future Planning

may cancel the designation thereof:<Amended by Act No. 11690, Mar. 23, 2013>

1. Where it has been designated by fraud or other improper means;

2. Where it fails to meet the requirements for designation prescribed by Presidential

Decree for at least three consecutive months;

3. Where good software certification has been granted to software that failed to meet

the certification standards.

(6) Matters necessary for awarding good software certification, such as

requirements for designation of authentication institutions pursuant to paragraph (2),

shall be prescribed by Presidential Decree.

법제처 7 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 13-2 (Benchmark Test of Software) (1) The State or a local government, or the

head of a corporation or other public organizations (hereinafter referred to as “State

agency, etc.”) which State or local governments have made investment in or

contributions to, if he/she purchases software products under Article 20 (2), shall

directly conduct benchmark test, or request benchmark test to a test agency

designated by the Minister of Science, ICT and Future Planning under paragraph (2),

and then reflect its results to purchase of products.

(2) The Minister of Science, ICT and Future Planning may designate test agencies to

conduct benchmark test under paragraph (1).

(3) A test agency designated by paragraph (2), if requested to conduct benchmark

test, shall determine criteria necessary for benchmark test after listening to the

opinion of the head of a State agency, etc. and a person who intends to supply

software products, and perform benchmark test in accordance with its criteria.

(4) The Minister of Science, ICT and Future Planning, if any person designated as a

test agency under paragraph (2) falls under any of the followings, may revoke its

designation: Provided, That he/she shall revoke its designation if falling under

subparagraph 1:

1. Where it is designated by any fraud or other unjustifiable means;

2. Where it fails to meet the requirements for designation prescribed by Presidential

Decree for at least three consecutive months;

3. Where it calculates test results which are different from the fact by intention or

gross negligence.

(5) Matters necessary to conduct benchmark test such as subjects of benchmark

test under paragraph (1), designation requirements of test agencies under paragraph

(2) and application procedures for benchmark test under paragraph (3) shall be

prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13342, Jun. 22, 2015]

Article 14 (Management, etc. of Information on Software Industry) (1) In order to

develop the software industry, the Government may comprehensively manage the

information on the overall software industry (hereinafter referred to as "information

on the software industry"), such as technical standards, research trends, market

법제처 8 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

trends, the present status of business operators and present status of technical

personnel of the software industry, and provide the related institutions or

organizations with the information on the software industry.

(2) In order to comprehensively manage the information on the software industry,

the Minister of Science, ICT and Future Planning may establish and operate the

overall management system of the information on the software industry, as

prescribed by Presidential Decree.<Amended by Act No. 11690, Mar. 23, 2013>

(3) In order to comprehensively manage the information on the software industry,

the Minister of Science, ICT and Future Planning may request software business

operators or association of software related business operators (referring to an

association comprised of at least two software business operators and doing

business in the software industry; hereinafter referred to as "association of business

operators") or Korea Software Financial Cooperative under Article 27 to submit data

regarding performance of software business.<Amended by Act No. 11690, Mar. 23, 2013>

(4) Any person in receipt of a request to submit data under paragraph (3) may opt

not to submit data where there exist special reasons, for instance details of the data

are dealing with national security or a trade secret (referring to a trade secret as

defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and

Trade Secret Protection Act) of a business operator or an association of business

operators and a legitimate profit of a business operator is likely to be damaged.

(5) In order to perform affairs referred to in paragraphs (1) and (2), the Minister of

Science, ICT and Future Planning may designate an institution to professionally

manage the information on the software industry.<Amended by Act No. 11690, Mar. 23,

2013>

(6) Matters necessary for procedures for requesting the submission of data under

paragraph (3) and requirements for designating an institution to manage the

information pursuant to paragraph (5) and other matters shall be prescribed by

Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 15 (Vitalization of Software Distribution) (1) For the purpose of developing the

software industry, the Government shall endeavor to vitalize the distribution of

software.

법제처 9 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

(2) The Minister of Science, ICT and Future Planning may carry out a project

necessary to promote the distribution of software referred to in paragraph (1) and

shall support activities to facilitate the distribution of authentic software.<Amended by

Act No. 11690, Mar. 23, 2013; Act No. 12722, Jun. 3, 2014>

(3) The Government shall secure budget for purchasing authentic software and shall

not conclude an unlawful contract with regard to the purchase and use of software.

<Newly Inserted by Act No. 12722, Jun. 3, 2014>

(4) Matters necessary for performing a project and supporting activities referred to

in paragraph (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 16 (Promotion of International Cooperation and Entry into Overseas Markets) (1)

In order to promote international cooperation and entry into overseas markets of the

software industry, the Government may support programs or projects, such as

international exchanges of software-related technologies and human resources,

participation in international exhibitions, international standardization and joint

international research and development.

(2) The Minister of Science, ICT and Future Planning may authorize institutions or

organizations prescribed by Presidential Decree to implement programs or projects

referred to in paragraph (1) and financially support such institutions or organizations.

<Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 17 (Institution Exclusively in Charge of Promotion of Software Business)

The Government may have the National IT Industry Promotion Agency referred to in

Article 26 of the Information and Communications Technology Industry Promotion

Act conduct a project to efficiently support the promotion and development of the

software industry.

[This Article Wholly Amended by Act No. 9708, May 22, 2009]

Article 18 (Tax Credit, etc.) (1) The Government shall take taxation, financial and

administrative measures necessary for developing the software industry.

(2) For the purpose of developing the software industry, the State and local

governments may reduce or exempt income tax, corporation tax, acquisition tax,

법제처 10 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

property tax, registration and license tax, etc. pursuant to the Restriction of Special

Taxation Act, the Restriction of Special Local Taxation Act and other related Acts.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

CHAPTER III VITALIZATION OF SOFTWARE BUSINESS

Article 19 (Forecast of Demand for Software Business) (1) The head of a state agency,

etc. shall submit a demand forecast for software products and plan for promoting

software business of an agency under his/her control twice a year or more to the

Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013;

Act No. 13342, Jun. 22, 2015>

(2) The Minister of Science, ICT and Future Planning shall disclose such demand

forecast for software products and plan for promoting software business submitted

to him/her under paragraph (1) to software business operators on at least two

occasions a year.<Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Science, ICT and Future Planning may designate a specialized

institution to entrust it with the affairs referred to in paragraph (2) for the efficient

implementation, and provide financial support for such specialized institution.

<Amended by Act No. 11690, Mar. 23, 2013>

(4) Matters necessary for the submission under paragraph (1), the specific

frequency, timing and methods of, and procedures for, the disclosure under

paragraph (2), and the designation of and support for the specialized institution under

paragraph (3) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 20 (Software Business Contracts of State Agencies, etc.) (1) Where the head of

any State agency, etc. intends to enter into a contract for software business, he/she

shall preferentially apply a contract method under which a bidder prescribed in

Article 10 (2) 3 of the Act on Contracts to which the State is a Party is made a

successful bidder and then enter into contracts with the successful bidder: Provided,

That where deemed necessary in light of the characteristics of the software business

for which a contract is to be entered into, such contract may be entered into in a

different method.

법제처 11 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

(2) Where the head of any State agency, etc. places an order for software business,

he/she shall directly enter into a separate contract for any of the software products

designated by the Minister of Science, ICT and Future Planning as split-ordering

software.<Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Science, ICT and Future Planning may determine and publish the

standards to analyze and apply the requirements for software business for contracts

prescribed in paragraph (1), and the heads of State agencies, etc. shall apply such

standards when they formulate a plan, compile a budget, place an order and conclude

a contract for software business. When the heads of State agencies, etc. place an

order, they shall determine and publish detailed requirements therefor. In such

cases, the heads of State agencies, etc. may use independent specialized institutions,

etc. in order to clarify and propose the requirements for software business.<Amended

by Act No. 11690, Mar. 23, 2013>

(4) The Minister of Science, ICT and Future Planning may determine and publish

standards for assessing technological capabilities of software business operators and

encourage the heads of State agencies, etc. to apply such standards to their

assessment of technological capabilities of software business operators.<Amended by

Act No. 11690, Mar. 23, 2013>

(5) Where State agencies, etc. execute any software business with a software

business operator under a contract, they shall administer and supervise the proper

performance of such software business and the quality, etc. of products based on the

contract or the implementation plan. In cases of a large-scale software business, for

clarification of the requirements for, and reinforcement of quality control, a task

force consisting of internal experts shall be operated from the stage of preparing the

requirements to the end of the software business.

(6) The head of every State agency, etc. shall disclose such information on the

current status of direct software contracts, etc., as prescribed by Presidential

Decree, to software business operators each year, and notify the Minister of Science,

ICT and Future Planning of such fact.<Amended by Act No. 11690, Mar. 23, 2013>

(7) Detailed procedures and standards for entering into a contract under paragraphs

(1) and (2), and the standards for the administration and supervision under

paragraph (5) shall be determined and publicly announced by the Minister of Science,

ICT and Future Planning.<Amended by Act No. 11690, Mar. 23, 2013>

법제처 12 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 20-2 (Deliberative Committee on Task Change of Software Business) (1) Where

the head of a State agency, etc. promotes software business pursuant to Article 20,

he/she may, in order to deliberate on the appropriateness of changes to details of a

task and adjustment of a contract amount following changing the details of the task,

organize the deliberative committee on task change of software business (hereinafter

referred to as the "Deliberative Committee on Task Change").

(2) Any business operator who has entered into a contract for software business

with the head of a State agency, etc. may request the head of the State agency, etc.

to hold a meeting of the Deliberative Committee on Task Change.

(3) A majority of the members of the Deliberative Committee on Task Change shall

be comprised of specialists who have knowledge about or experience in software

business.

(4) Matters necessary for the formation, operation and other matters of the

Deliberative Committee on Task Change shall be prescribed by Presidential Decree.

(5) Matters necessary for procedures for making a request to hold a meeting of the

Deliberative Committee on Task Change pursuant to paragraph (2) shall be

prescribed by Ordinance of the Ministry of Science, ICT and Future Planning.

<Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 20-3 (Restriction, etc. of Subcontracts) (1) Where a software business

operator enters into a contract for software business with the head of a State

agency, etc., he/she may not enter into a subcontract exceeding 50/100 of the

amount of a business: Provided, That this shall not apply to any of the following

cases: <Amended by Act No. 12872, Dec. 30, 2014>

1. Simple service of purchase or installation, etc. of products;

2. Where it falls under requirements prescribed by Ordinance of the Ministry of

Science, ICT and Future Planning, in such cases new technology or professional

technology is in need.

(2) Any software business operator who enters into subcontract under paragraph

(1) may not re-subcontract the business which he/she has entered into: Provided,

That if it falls under any of the following, he/she may enter into re-subcontract:

법제처 13 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

<Amended by Act No. 12872, Dec. 30, 2014>

1. Where there occur serious obstacles in quality of the business which he/she has

been subcontracted or efficiency of performance thereof so that it is unavoidable to

improve those;

2. Where it is unavoidable to respond change of environment of the business which

he/she has been subcontracted such as change of task;

3. Where it is otherwise prescribed by Presidential Decree to be necessary for

performance of the business which he/she has been subcontracted.

(3) Where any person enters into subcontract under the proviso of paragraph (1)

and (2), he/she shall take approval from the head of a State agency etc., in advance.

<Newly Inserted by Act No. 12872, Dec. 30, 2014>

(4) The head of a State agency, etc., where a business which a software business

operator intends to subcontract exceeds the rate of business amount prescribed by

Presidential Decree, may request a contractor to participate therein together with the

subcontractor as joint contractors. In such cases the contractor who is requested to

join shall follow accordingly unless there exist special reasons.<Newly Inserted by Act

No. 12872, Dec. 30, 2014>

(5) Matters necessary for methods and procedures for granting approval of

subcontracts under paragraph (3) and other matters shall be prescribed by

Ordinance of the Ministry of Science, ICT and Future Planning.<Amended by Act No.

11690, Mar. 23, 2013; Act No. 12872, Dec. 30, 2014>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 20-4 (Request for Correction, etc.) (1) The head of a State agency, etc. shall

request correction when a software business operator falls under any of the

followings:

1. Where he/she enters into subcontract in violation of Article 20-3 (1);

2. Where he/she enters into subcontract in violation of Article 20-3 (2).

(2) In compliance with relevant Acts such as the Act on Contracts to which the State

is a Party, and the Act on Contracts to which a Local Government is a Party, the head

of a State agency, etc. shall restrict qualification for participation in bidding of a

software business operator falling under any of the each subparagraph of paragraph

(1).

법제처 14 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

[This Article Newly Inserted by Act No. 12872, Dec. 30, 2014]

Article 20-5 (Defects Liability in Software Business) (1) Where a software business

operator has entered into a contract for software business with the head of a State

agency, etc., he/she shall be liable for any defect which occurs within one year from

the date of completion of the business (referring to the date he/she has delivered

final products after having performed the test and inspection on the business).

(2) Notwithstanding the provisions of paragraph (1), no software business operator

shall be liable for any defect which occurs by reason of any of the following

subparagraphs: Provided, That this shall not apply where he/she has not notified the

owner of the fact that goods or instructions offered by the owner are inappropriate

while he/she knows they are:

1. Goods provided by the owner are of inferior quality or substandard;

2. He/she has established an information system in accordance with the owner's

instructions.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 21 (Compensation for Proposals for Software Business) (1) Where the head of a

State agency, etc. promotes a software business pursuant to Article 20, he/she may

reimburse a person whose proposal has been highly assessed, from among those

who has failed to be successful bidders, for some of the costs incurred in preparing

such proposal within budgetary limits.

(2) Matters necessary for standards and procedures for the reimbursement for a

proposal referred to in paragraph (1) and other matters shall be determined and

published by the Minister of Science, ICT and Future Planning.<Amended by Act No.

11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 22 (Payment for Software Business) (1) Where a State agency, etc. enters into a

contract for software business, it shall endeavor to pay an appropriate level of price

to ensure the development of the software industry and the quality of the software

business.

(2) The Minister of Science, ICT and Future Planning shall collect and analyze the

following information on software business and provide such information to State

법제처 15 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

agencies, etc. in order for the heads of such State agencies, etc. to pay an

appropriate level of price for software business pursuant to paragraph (1):<Amended

by Act No. 11690, Mar. 23, 2013>

1. The implementation environment of software business;

2. Implementation tools of software business;

3. Costs, schedule, scale and man hours of software business;

4. Information on quality characteristics of software business;

5. Other matters necessary for determining price standards for software business.

(3) The Minister of Science, ICT and Future Planning may request the heads of State

agencies, etc. to submit necessary data in order to comprehensively manage

software business information pursuant to paragraph (2) and the heads of the State

agencies, etc. shall cooperate with such request, except in extenuating

circumstances.<Amended by Act No. 11690, Mar. 23, 2013>

(4) Matters necessary for the unit wages, etc. of software engineers, which are

necessary for paying a price of an appropriate level for software business pursuant

to paragraph (1), shall be prescribed by Presidential Decree.

(5) The Minister of Science, ICT and Future Planning may designate specialized

institutions and commission duties prescribed in paragraphs (2) and (3) to them for

efficient performance of duties. In such cases, matters necessary for designation of

specialized institutions shall be prescribed by Presidential Decree.<Amended by Act No.

11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 23 (Software Process Certification) (1) The Minister of Science, ICT and Future

Planning may conduct software process certification in order to improve quality and

secure reliability of development process of software and information systems.

<Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Science, ICT and Future Planning may designate authentication

institutions to award software process certification pursuant to paragraph (1).

<Amended by Act No. 11690, Mar. 23, 2013>

(3) Where an authentication institution designated under paragraph (2) receives an

application for software process certification, it shall grant software process

certification if it deems that such application meets the criteria prescribed by

법제처 16 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

Presidential Decree.

(4) Where any entity designated as an authentication institution falls under any of

the following cases, the Minister of Science, ICT and Future Planning may cancel the

designation thereof:<Amended by Act No. 11690, Mar. 23, 2013>

1. Where it has been designated by false or other illegal means;

2. Where it falls short of the requirements for designation prescribed by Presidential

Decree for at least three consecutive months;

3. Where the certification was granted to a software process that failed to meet

criteria for software process certification.

(5) Matters necessary for the execution of software process certification, such as

designation requirements of an authentication institution pursuant to paragraph (2)

shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 24 (Reports of Software Business Operators) (1) The Minister of Science, ICT

and Future Planning may require any software business operator to report matters

necessary for the management of technical human resources, business track record,

etc. to him/her in order to promote the software industry. The same shall also apply

when reported matters are altered. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Science, ICT and Future Planning may allow institutions or

organizations prescribed by Presidential Decree to file a report pursuant to

paragraph (1) and provide budget necessary for such affairs.<Amended by Act No.

11690, Mar. 23, 2013>

(3) Matters necessary for matters to be reported and reporting procedure pursuant

to paragraph (1) and support for institutions or organizations pursuant to paragraph

(2) shall be prescribed by Ordinance of the Ministry of Science, ICT and Future

Planning.<Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 24-2 (Support for Business Participation by Small or Medium Software Business

Operators) (1) The Government shall take measures to expand participation of small

or medium software business operators in the software business, for which State

agencies, etc. place orders, in order to ensure the sound development of the

software industry by nurturing such small or medium software business operators.

법제처 17 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

(2) When the Minister of Science, ICT and Future Planning deems it necessary to

expand participation of small or medium software business operators in software

business, excluding any of the following business, for which State agencies, etc.

place orders, he/she shall set and publish the lowest contract amount of the business

(referring to respective contract amounts of each business if blanket orders for two

or more software business are made, and the average annual amount during the

relevant contract period if business for the maintenance of software is based on a

long-term contract for one year or more: hereafter the same shall apply in this

Article) in which large-scale software business operators are allowed to participate,

and request the heads of State agencies, etc. for the application thereof: Provided,

That such application may not be requested for public institutions publicly notified by

the Minister of Science, ICT and Future Planning among those corresponding to

public institutions under Article 4 of the Act on the Management of Public Institutions

and for the scope of business publicly announced by him/her:<Amended by Act No.

11690, Mar. 23, 2013; Act No. 12120, Dec. 30, 2013; Act No. 12722, Jun. 3, 2014>

1. Deleted;<by Act No. 13583, Dec. 22, 2015>

2. Business for which an order is re-placed because a software business operator

was not selected (limited to the business for which State agencies, etc. commission

the Public Procurement Service to place an order pursuant to the Government

Procurement Act.);

3. Business related to national defense, foreign affairs, public security, electric

power and other matters, such as national security, which the Minister of Science,

ICT and Future Planning deems and publishes as business in which participation of

a large-scale software business operator is inevitable.

(3) Notwithstanding paragraph (2), the Minister of Science, ICT and Future Planning

may restrict participation of a company that belongs to an enterprise group subject to

limitations on mutual investment designated under Article 14 of the Monopoly

Regulation and Fair Trade Act (excluding public institutions under Article 4 of the

Act on the Management of Public Institutions) in any business, excluding business

falling under any of the subparagraphs of paragraph (2), pursuant to Presidential

Decree, regardless of the business cost.<Amended by Act No. 11690, Mar. 23, 2013; Act No.

12120, Dec. 30, 2013>

법제처 18 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

(4) Where the heads of State agencies, etc. fail to apply paragraph (2) when placing

an order for software business, they shall notify the Minister of Science, ICT and

Future Planning of the reason without delay, and where the notified reason is deemed

unreasonable, the Minister of Science, ICT and Future Planning shall recommend the

heads of State agencies, etc. to apply the provision.<Amended by Act No. 11690, Mar. 23,

2013>

(5) The scope of State agencies, etc. and standards for large-scale software

business operators referred to in paragraphs (1) and (2) shall be prescribed by

Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 24-3 (Reports of Software Engineers) (1) Any software engineer may report

matters necessary for the management of his/her place of work, career, educational

background, qualifications, etc. (hereinafter referred to as "career, etc.") to the

Minister of Science, ICT and Future Planning. The same shall also apply when the

reported matters are altered. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Science, ICT and Future Planning shall maintain and manage a

record regarding the career, etc. of a software engineer reported under paragraph

(1) and may request the head of a State agency, etc. or the head of a related

enterprise or organization to which the software engineer who has reported belongs,

to present necessary data in order to secure credibility and accuracy of the details

reported. In such cases, the head of an enterprise or organization in receipt of such

request shall comply therewith, except in extenuating circumstances. <Amended by

Act No. 11690, Mar. 23, 2013>

(3) Deleted.<by Act No. 13342, Jun. 22, 2015>

(4) If a software engineer who has reported pursuant to paragraph (1) files an

application for issuance of a certificate for his/her career, etc. (hereinafter referred

to as "certificate of software technical career"), the Minister of Science, ICT and

Future Planning shall issue such certificate: Provided, That where a software

engineer has filed a false report on careers, the Minister of Science, ICT and Future

Planning may cancel the issuance of the certificate of software technical career or

need not issue it in accordance with procedures prescribed by Ordinance of the

Ministry of Science, ICT and Future Planning.<Amended by Act No. 11690, Mar. 23, 2013;

법제처 19 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

Act No. 13342, Jun. 22, 2015>

(5) The Minister of Science, ICT and Future Planning may have institutions or

organizations prescribed by Presidential Decree file a report pursuant to paragraph

(1), maintain and manage records pursuant to paragraph (2) and issue the certificate

of software technical career pursuant to paragraph (4), and provide budget support

to perform such affairs.<Amended by Act No. 11690, Mar. 23, 2013>

(6) Where the Minister of Science, ICT and Future Planning issues the certificate of

software technical career (including re-issuance thereof), he/she may receive a fee

from an applicant within the extent of actual costs.<Amended by Act No. 11690, Mar. 23,

2013>

(7) Matters necessary for matters to be reported and procedures for reporting by

software engineers pursuant to paragraph (1), methods of maintenance and

management of records pursuant to paragraph (2), procedures for issuance of the

certificate of software technical career pursuant to paragraph (4), support for

institutions or organizations pursuant to paragraph (5) and fees pursuant to

paragraph (6) and other matters shall be prescribed by Ordinance of the Ministry of

Science, ICT and Future Planning.<Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 24-4 (Management, Supervision, etc. of Software Business) (1) Where the

heads of State agencies, etc. implement software business, the Minister of Science,

ICT and Future Planning shall continuously manage and supervise whether Acts and

subordinate statutes related to the software business are complied with. <Amended

by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Science, ICT and Future Planning may request the heads of State

agencies to submit data concerning software business for the management and

supervision pursuant to paragraph (1) and the heads of such State agencies, etc.

shall cooperate therewith, except in extenuating circumstances.<Amended by Act No.

11690, Mar. 23, 2013>

(3) The Minister of Science, ICT and Future Planning may recommend improvement

of software business if he/she deems that the software business implemented by the

head of any State agency, etc. is inappropriate, and the head of the State agency, etc.

shall notify the Minister of Science, ICT and Future Planning of the results within one

법제처 20 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

month from the date of receipt of such recommendation.<Amended by Act No. 11690, Mar.

23, 2013>

(4) In order to efficiently perform duties prescribed in paragraphs (1) through (3),

the Minister of Science, ICT and Future Planning may designate specialized

institutions and fully or partially commission such duties to them, and may support

the budget necessary for execution of the business.<Amended by Act No. 11690, Mar. 23,

2013>

(5) Matters necessary for designation, operation and support of specialized

institutions pursuant to paragraph (4) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 11436, May 23, 2012]

Article 25 (Support for Vitalization of Software Industry by Sector)

The Minister of Science, ICT and Future Planning may, to effectively implement

policies to develop the software industry by sector under Article 4 (2) 2, have the

related specialized institutions and non-governmental organizations implement such

policies and subsidize necessary budget.<Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 26 (Establishment of Korea Software Industry Association) (1) Software

business operators may establish the Korea Software Industry Association

(hereinafter referred to as the "Association") for the sound development of the

software industry and their common interests.

(2) The Association shall be a corporation.

(3) The Association shall perform the following duties:

1. Surveying the current state of the software industry and related statistics;

2. Researching systems for developing the software industry and recommendations

on improvements;

3. Collecting, analyzing and providing technology and market information related to

the software industry;

4. Researching reasonable price standards for the software business;

5. Matters relating to the facilitation of software distribution and support for users;

6. Matters relating to support for activities performed to protect copyrights and

trademark rights of software business operators;

법제처 21 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

7. Other duties necessary to attain the objectives of establishing the Association.

(4) Except as otherwise expressly provided in this Act, provisions governing the

incorporated association of the Civil Act shall apply mutatis mutandis to the

Association.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

CHAPTER IV KOREA SOFTWARE FINANCIAL COOPERATIVE

Article 27 (Establishment of Korea Software Financial Cooperative) (1) Software

business operators may establish a Korea Software Financial Cooperative

(hereinafter referred to as the "Financial Cooperative") which performs affairs, such

as granting various types of loans and providing guarantee services, after obtaining

authorization from the Minister of Science, ICT and Future Planning in order to

promote their mutual cooperation, carry out self-regulatory economic activities and

soundly develop the software industry. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Financial Cooperative shall be a corporation.

(3) Procedures for granting authorization for the establishment of the Financial

Cooperative, matters to be entered in the articles of incorporation and other matters

necessary for operating and supervising the Financial Cooperative shall be

prescribed by Presidential Decree.

(4) The modification registration of the total amount of contributions of the Financial

Cooperative may be filed as at the end of each fiscal year within three months after

the end of a fiscal year, notwithstanding the provisions of Article 52 of the Civil Act.

(5) Except as otherwise expressly provided in this Act, provisions governing the

incorporated association of the Civil Act shall apply mutatis mutandis to the Financial

Cooperative.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 28 (Services of Financial Cooperative)

The Financial Cooperative shall perform the following services:

1. Giving loans and making investments necessary to develop software, upgrade

technologies and stabilize business management;

법제처 22 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

2. Guarantee for liabilities for any software business operator who intends to obtain a

loan from a financial institution, which are required to develop software, upgrade

technologies and stabilize his/her business management;

3. Performance guarantee necessary to carry out duties for the software business;

4. Performance insurance business pursuant to Article 18 of the Act on Facilitation

of Purchase of Small and Medium Enterprise-Manufactured Products and Support

for Development of their Markets;

5. Other affairs prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 29 (Creation of Fundamental Property) (1) The fundamental property of the

Financial Cooperative shall be raised from the following financial resources to

efficiently run the mutual aid business and the Government may contribute to or

subsidize such Financial Cooperative within budgetary limits:

1. Contributions from members, mutual aid security deposits, deposits or

contributions;

2. Other financial resources prescribed by Presidential Decree.

(2) Contributions among the fundamental property referred to in paragraph (1) shall

be accounted for as capital.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 30 (Mutual Aid Regulations) (1) The Financial Cooperative shall, when it intends

to run a mutual aid business in accordance with Article 28, formulate its mutual aid

regulations.

(2) The mutual aid regulations of paragraph (1) shall prescribe types of the mutual

aid business, objects of the mutual aid business, installments, reserves, accumulated

funds and matters relating to the creation and operation of the fundamental property.

(3) The Financial Cooperative shall, with respect to types and objects of the mutual

aid business from among matters prescribed by the mutual aid regulations under

paragraph (2) and other matters prescribed by Presidential Decree, obtain approval

from the Minister of Science, ICT and Future Planning. The same shall apply to

revision to approved matters.<Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

법제처 23 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

Article 31 (Accumulation of Loss Reserve, etc.) (1) The Financial Cooperative may

require mutual aid beneficiaries to bear the burden of reserve for loss incurred in

mutual aid business (hereinafter referred to as "loss reserve"), and accumulate and

operate the reserve in a separate reserve account.

(2) Matters necessary for accumulating and operating the loss reserve referred to in

paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 31-2 (Responsibilities of Financial Cooperative) (1) The Financial Cooperative

shall, when a need arises requiring payment of a security deposit as prescribed in

the Acts and subordinate statutes and in any contract, etc. with regard to secured

matters, pay such security deposit to a guaranty creditor.

(2) The right held by any guaranty creditor to the Financial Cooperative with regard

to the security deposit under paragraph (1) shall be terminated on the grounds of

completion of prescription if such right is not exercised for two years from the date

on which the security term expires.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 32 (Transfer, etc. of Shares) (1) Any person who is or was a member of the

Financial Cooperative may transfer his/her shares to another member or a person

who intends to be a member of the Financial Cooperative, as prescribed by

Presidential Decree.

(2) Any person who acquires shares under paragraph (1) shall succeed to the rights

and duties of a transferor with respect to such shares.

(3) Transfer of shares and establishment of the pledge of the shares shall be

governed by the method of transferring shares and establishing pledge under the

Commercial Act.<Amended by Act No. 12591, May 20, 2014>

(4) Shares of the Financial Cooperative shall be prohibited from being used as

security, except cases where they are provided as security for obligations of such

Financial Cooperative.

(5) Seizure or provisional seizure of shares carried out according to the civil

execution procedure or the procedure for a disposition taken to collect national taxes

in arrears shall be governed by the method of seizing or provisionally seizing debt

payable to order under the Civil Execution Act.

법제처 24 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 33 (Share Acquisition, etc. by Financial Cooperative) (1) The Financial

Cooperative may acquire shares of a current or former member only when any of the

following grounds arises: Provided, That where the ground referred to in

subparagraph 1 or 3, the shares shall be acquired:

1. When it intends to reduce capital;

2. When it is necessary for the Financial Cooperative to exercise a security right, as

a right holder for its members;

3. When a member or any person who has been expelled or seceded from the

Financial Cooperative requests the Financial Cooperative to acquire his/her shares

for recovering his/her contributions.

(2) Where the Financial Cooperative acquires shares pursuant to paragraph (1), it

shall, without delay, take the following applicable measures:

1. Where shares are acquired on the grounds falling under paragraph (1) 1,

procedures for reducing the capital;

2. Where shares are acquired on the grounds falling under paragraph (1) 2 and 3, a

disposition to be taken against a member or a person who intends to be a member.

(3) The acquisition value of shares as at the time the Financial Cooperative acquires

such shares under paragraph (1) shall not exceed the share value of the investment

certificate.<Amended by Act No. 12872, Dec. 30, 2014>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 34 (Appointment of Agent)

The Financial Cooperative may appoint an agent, from among its executives or

employees, who can engage in all judicial or extra-judicial acts in connection with

operation of such Financial Cooperative.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 35 (Disposal of Profits, etc.) (1) The disposal of profits of the Financial

Cooperative shall follow the order of the followings: <Amended by Act No. 12872, Dec. 30,

2014>

1. Preservation of loss brought forward;

법제처 25 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

2. Accumulation of loss reserve;

3. Accumulation of earned surplus reserve;

4. Accumulation of reserve fund for business;

5. Dividend of profits.

(2) Where the Financial Cooperative is dissolved, its residual assets shall be

disposed of in accordance with Article 80 of the Civil Act: Provided, That

contributions made by its members among the residual assets shall be disposed of

according to a resolution of the general meeting.

(3) While the provisions for accounting of corporations in the Commercial Act shall

apply mutatis mutandis to dividend of profits under subparagraph 5 of paragraph (1),

other necessary matters shall be determined by the relevant articles of

incorporation.<Newly inserted by Act No. 12872, Dec. 30, 2014>

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

Article 36 (Liabilities, etc.) (1) Where any executive of the Financial Cooperative

inflicts any damage to such Financial Cooperative for violating Acts and subordinate

statutes or the articles of incorporation, or neglecting their duties, they shall be held

jointly liable to indemnify the damage for the Financial Cooperative.

(2) Where any person engaged in the business affairs of the Financial Cooperative

inflicts any damage to such Financial Cooperative in the course of performing his/her

duties, he/she shall be held liable to indemnify such damage only when he/she inflicts

such damage by intention or gross negligence: Provided, That such liability may be

mitigated except in cases where he/she inflicts damage by gross negligence.

[This Article Wholly Amended by Act No. 11436, May 23, 2012]

CHAPTER V

Article 37 (Hearings)

The Minster of Science, ICT and Future Planning shall hold hearings when he/she

intends to take dispositions falling under any of the following cases:

1. Revocation of designation of software specialists training institution under Article

10 (4);

법제처 26 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

2. Revocation of designation of an authentication institution of software under Article

13 (5);

3. Revocation of designation of a test agency for benchmark test of software under

Article 13-2 (4);

4. Revocation of designation of an authentication institution of software process

under Article 23 (4);

5. Revocation of issuance of a certificate of software technical career under Article

24-3 (4).

[This Article Newly Inserted by Act No. 13583, Dec. 22, 2015]

Article 38 (Review of Regulations)

The Minster of Science, ICT and Future Planning shall review the appropriateness

concerning the following matters every three years based on the enforcement date of

this Act, and take measures such as repeal, alleviation, or maintenance:

1. Declaration of a software business operator under Article 24;

2. Declaration of a software engineer under Article 24-3.

[This Act Newly Inserted by Act No. 13342, Jun. 22, 2015]

ADDENDA <No. 6472, 24. May, 2001>

Article 1 (Enforcement Date)

This Act shall enter into force on July 17, 2001.

Articles 2 through 4 Omitted.

ADDENDA <No. 6627, 26. Jan, 2002>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2002.

Articles 2 through 7 Omitted.

ADDENDA <No. 7796, 29. Dec, 2005>

Article 1 (Enforcement Date)

법제처 27 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

This Act shall enter into force on July 1, 2006.

Articles 2 through 6 Omitted.

ADDENDA <No. 7816, 30. Dec, 2005>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso

Omitted.)

Articles 2 through 5 Omitted.

ADDENDA <No. 8361, 11. Apr, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 10 Omitted.

ADDENDA <No. 8774, 21. Dec, 2007>

(1) (Enforcement Date) This Act shall enter into force six months after the date of

its promulgation.

(2) (Applicability to Approval for Subcontract) The amended provisions of Articles

20-3 and 20-4 shall apply from the first software project for which a software

business operator enters into a contract with a State agency, etc. after this Act

enters into force.

ADDENDA <No. 8852, 29. Feb, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

법제처 28 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

ADDENDA <No. 9401, 30. Jan, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso

Omitted.)

Articles 2 through 11 Omitted.

ADDENDA <No. 9501, 18. Mar, 2009>

(1) (Enforcement Date) This Act shall enter into force six months after the date of

its promulgation. (Proviso Omitted.)

(2) (Transitional Measures) Any current or former member of the Software

Business Dispute Mediation Committee as at the time this Act enters into force shall

be deemed a public official, notwithstanding the amended provisions of Article 49,

when the provisions of Articles 127, and 129 through 132 of the Criminal Act are

applied.

ADDENDA <No. 9685, 21. May, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Articles 2 through 8 Omitted.

ADDENDA <No. 9708, 22. May, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

(Proviso Omitted.)

Articles 2 through 12 Omitted.

ADDENDA <No. 9883, 30. Dec, 2009>

This Act shall enter into force on January 1, 2010.

법제처 29 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

ADDENDA <No. 10012, 04. Feb, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

(Proviso Omitted.)

Articles 2 through 6 Omitted.

ADDENDA <No. 10220, 31. Mar, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2011.

Articles 2 through 5 Omitted.

ADDENDA <No. 10445, 09. Mar, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Articles 2 through 4 Omitted.

ADDENDA <No. 11436, 23. May, 2012>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provide,

That the amended provisions of Article 20 (3) and Article 24-2 (3) shall enter into

force on January 1, 2013.

Articles 2 (Period of Validity)

A deadline for entering into a contract for participation (including participation

allowed pursuant to the amended provisions of Article 24-2 (3)) of a large-scale

software business operator in the repair and maintenance of a software business

established by itself pursuant to the amended provisions of Article 24-2 (2) 1 shall

be December 31, 2014.

법제처 30 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

ADDENDA <No. 11690, 23. Mar, 2013>

Article 1 (Enforcement Date)

(1) This Act shall enter into force on the date of its promulgation.

(2) Omitted.

Articles 2 through 7 Omitted.

ADDENDA <No. 12120, 30. Dec, 2013>

This Act shall enter into force three months after the date of its promulgation.

ADDENDA <No. 12591, 20. May, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 through 4 Omitted.

ADDENDA <No. 12687, 28. May, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso

Omitted.)

Articles 2 through 22 Omitted.

ADDENDA <No. 12872, 30. Dec, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation: Provided,

That the amended provisions of Article 33 (3), and 35 (1) and (3) shall enter into

force beginning from the date of a business year that firstly arrives six months after

the date of its promulgation.

Article 2 (Applicability concerning Subcontracts for Software Business)

법제처 31 국가법령정보센터

「SOFTWARE INDUSTRY PROMOTION ACT」

The amended provisions of Articles 20-3 and 20-4 shall apply from the contract

that an owner and contractor firstly enter into a subcontract for software after this

Act enters into force.

ADDENDA <No. 13583, 22. Dec, 2015>

This Act shall enter into force three months after the date of its promulgation.

법제처 32 국가법령정보센터