Reasons for Proposal
In the era of the Fourth Industrial Revolution, many countries around the world are keen on developing innovative technology as their competitiveness now depends on such technologies.
Korea has been in the leading group in the field of information and communications technology which serves as the axis of the Fourth Industrial Revolution, and not to lose its status, further efforts should be made to enhance its competitiveness in the global market through pan-governmental support.
The reality is, however, that ill-informed regulations are hampering the launch of new technologies and services as well as undermining the development of related industries and job creation.
In principle, such regulations must be removed through the enactment or amendment of relevant laws and statutes. But, given the fact that laws and regulations tend to be slow to change compared to new technologies and services, a regulatory exemption system would be more effective in supporting the development and commercialization of new techologies and services by deregulating or waiving the regulations unless there are speical reasons like safety.
Accordingly, this Amendment aims to increase the competitiveness of the information and telecommunication sector and create jobs by granting companies a verifiable exemption to do business, including market launch of products, even if there are no standards, specifications, requirements, etc., with regard to technologies and services derived from a new convergence of information and communications technology, etc., in the current Act, or even if it is inappropriate or unreasonable to apply the current Act.
Details
A. Permit, in principle, technologies and services such as a new convergence of information and communications technology, etc., except for restrictions or prohibitions explicitly prescribed in other Acts (Article 3-2 newly inserted)
B. Permit the use or provision to a third party of personal information of users, where a measure is taken to make it hard to identify a particular individual or the location of an individual even with the help of other information by removing or replacing all or part of the personally identifiable elements of personal information (Article 3-3 (1) newly inserted)
C. Allow a company to acquire a verifiable exemption to do business where there are no standards, specifications, requirements, etc., that are the basis for permission, etc., for technologies and services such as a new convergence of information and communication technology, etc., or where it is inappropriate or unreasonable to apply current standards, specifications, requirements, etc.; and deem a company which has been granted such exemption to have acquired a permission under the relevant Act that forms the basis for pursuing technolgies and services uch as a new convergence of information and communication technology, etc (Article 37)
D. Allow a company to receive an approval for its new technology-based buisness to verify technologies and understand market sentiment, where there are no standards, specifications, requirements, etc., that form the basis for permission, etc., for technologies and services such as a new convergence of information and communication technology, etc., or if it is inappropriate or unreasonable to apply current standards, specifications, requirements, etc (Article 38-2 newly inserted)
E. Establish the Deliberative Committee on Regulatory Exemption for technologies and services such as a convergence of information and communication technology, etc., to deliberate matters concerning the regulatory exemption for new techonlogy-based businesses (Article 38-5 newly inserted)
F. Require a business entity that is approved with a verification exemption and new technology-based business to buy insurance or participate in a mutual aid organization to compensate for personal and material damages that may arise from the business, before the operation of business; and require a business entity that is granted a verifiable exemption to buy insurance or a participate in a mutual aid organization in accordance with the deliberation and resolution of the Deliberative Committee on Regulatory Exemption for technologies and services such as a convergence of information and communication technology, etc. (Article 38-6 newly inserted)
G. Enable an examiner to review the patent applications related to technologies and services such as a new convergence of information and communication technology, etc., in preference to other patent applications in spite of the Patent Act (Article 38-8 newly inserted)
H. Differentiate the stock ownership ratio and the permitted types of buildings of a research institute’s company related to technologies and services such as a new convergence of information and communication technology, etc., within the special R&D zone regardless of the Special Act on Promotion of Special Research and Development Zones (Article 38-9 newly inserted)
I. Allow visa issuance procedures and maximum period of stay granted once depending on the status of an alien's status of stay to be different from the provisions of the Immigration Control Act for foreigners who does business related to technologies and services such as a new convergence of information and communication technology, etc., or who are engaged in the same business (Article 38-10 newly inserted)
J. Deem joint research and technology development, etc., to have been accredited by the Fair Trade Commission pursuant to Article 19 (2) of the Monopoly Regulation and Fair Trade Act for a business related to technologies and services such as a new convergence of information and communication technology, etc. (Article 38-11 newly inserted).
K. Designate all or part of an industrial complex which promotes technologies and services such as a new convergence of information and communication technology, etc., as foreign investment areas under Article 18 of the same Foreign Investment Promotion Act. (Article 38-12 newly inserted).
L. Allow a host organization under Article 4 of the Act on the Development of Exhibition Industry regarding technologies and services such as a new convergence of information and communication technology, etc., which intends to establish an exhibition facility pursuant to Article 2 (4) of the same Act to omit prior consultation with the Minister of Trade, Industry and Energy on the construction thereof (Article 38-13 newly inserted)
M. Cooperate without delay with a person who applies for a road occupation permit for business related to technologies and services such as a new convergence of information and communication technology, etc., unless there are any special reasons (Article 38-14 newly inserted)
