Reasons for Proposal
In this age of the Fourth Industrial Revolution, where new technology and services are being applied in previously unthought-of territories, a nation’s competitiveness is increasingly relying on the development of innovative technology.
The convergence and integration of innovative technologies, such as AI, Big Data and IoT, is accelerating so fast that the existing laws and regulations are unable to keep up with such development, hampering the market release of new technologies, holding back the development of related industries, and undermining job creation.
In principle, the regulations that are blocking industrial convergence must be removed through legislation and the amendment of relevant laws. But, in reality, laws and regulations are slow to change in comparison to new technologies and services. That is where a "regulation system for special cases" should kick in by relaxing and removing regulations unless there are any special reasons like safety, etc. to support the development and commercialization of new technologies and services.
Hence, even for cases where there are no standards, specifications, requirements, etc. in the current laws regarding new products and industries through industrial convergence or where it is inappropriate or irrational to apply existing laws, this proposal aims to enable business operation, such as product launch, by granting a “verification for special cases”, etc. and thereby boost the competitiveness of new industries and job creation through industrial convergence.
Details
A. Permit new industrially-convergent services in principle except as restricted, prohibited or provided for specifically in any other act (Article 3-2 newly inserted)
B. Permit the use or provision to a third party of personal information, where measures have been taken to make it impossible to identify specific individuals or their location even if combined with other information by wholly or partially deleting or substituting personal information that could identify individuals (Article 3-3 newly inserted)
C. Establish an “Industrial Convergence Regulation Special Case Review Committee” to review matters regarding “verification for special cases” and “special case regulation for new technology-based industries” (Article 8-2 newly inserted)
D. Allow a person who intends to do business using an industrial convergence-related new service or product to request the Minister of Trade, Industry and Energy to confirm whether the law is applied or whether an interpretation, permission, etc. is needed (Article 10-2 newly inserted)
E. Grant an applicant a "verification for special cases" to do busines where there are no standards, specifications, requirements, etc. for the approval of a new industrially-convergent service or where it is inappropriate and irrational to apply existing standards, specifications, requirements, etc., provided that safety, etc., has been verified; and deem such cases to have recieved an approval in accordance with the Act that forms the basis for implementing a new industrial convergence service (Article 10-3 newly inserted)
F. Allow a new technology-based business to receive an approval to verify technology and examine market sentiment where there are no standards, specifications, requirements, etc., for the approval of a new industrially-convergent service or if it is inappropriate and irrational to apply existing standards, specifications, requirements, etc. (Article 10-5 newly inserted).
G. Require a business operator who has received approval for a new technology-based business to buy insurance or join a mutual aid organization before doing business to compensate for personnel and material losses that may occur due to his/her business; and require a business operator who has received a "verification for special cases” to buy insurance or join a mutual aid organization in accordance with the review and resolution of the review committee for industrial convergence regulations for special cases(Article 10-8 newly inserted).
H. Enable an examiner to give a priority to new industrial convergence service-related patent applications over other ones when examining the patents regardless of the "Patent Act" (Article 27-2 newly inserted).
I. Enable the differentiation of the stock ownership ratio and type of permitted buildings for a new industrial convergence service-related research company in a Special Research and Development Zone in spite of the “Special Act on Promotion of Special Research and Development Zones" (Article 27-3 newly inserted).
J. Enable the differentiation of the visa issuance process and maximum period of stay initially granted depending on an alien’s status of stay for foreigners who are engaged in a new industrial convergence service-related business or working in the same business in spite of the “Immigration Act” (Article 27-4 newly inserted).
K. Acknowledge joint research, technology development, etc., for a new industrial convergence service-related business as having been approved by the Fair Trade Commission in accordance with Article 19, paragraph 2 of the “Monopoly Regulation and Fair Trade Act” (Article 27-5 newly inserted)
L. Enable the designation of the whole or part of the industrial complex which fosters a new indutrial convergence service as a foreign investment zone in accordance with Article 18 of the “Foreign Investment Promotion Act” (Article 27-6 newly inserted)
M. Allow a lead agency, under Article 4 of the “Act on the Development of Exhibition Industry,” which intends to build an exhibition facility in accordance with Article 2, subparagraph 4 of the same Act for a new industrial convergence service, to omit prior consultation with the Minister of Trade, Industry and Energy (Article 27-7 newly inserted)
N. Cooperate without delay with a person who has applied for road occupation for a new industrial convergence service-related business, unlesss there are any special grounds (Article 27-8 newly inserted)
