Reasons for Proposal
Authorized certificates have contributed to the establishment of the digital signature system and national informatization in Korea. This also means that Korea’s digital signature system has been swayed by authorized certificates, which have had exclusive control over the market for 20 years based on a superior legal standing granted by the current Digital Signature Act. At this point in time where digital transformation is actively taking place, authorized certificates are creating a number of issues such as undermining service innovations stemming from advancements in digital signature technologies, and restricting public choice in regards to a wide range of convenient means of affixing digital signatures.
Accordingly, this Amendment completely abolishes authorized certificates and any discrimination of certificates, thereby developing conditions under which various means of affixing digital signatures may compete without discrimination. It also reorganizes the digital signature system from a State-led to a privately led system, thereby boosting the competitiveness of relevant industries while at the same time improving choice and convenience for the public. It creates an environment where the reliability and stability of digital signatures themselves may be enhanced based on leading-edge technologies and innovative services offered by private enterprises, and introduces an assessment and accreditation system for digital signature certification work that meets international standards, thereby aiming to provide the information necessary when choosing a digital signature certification service.
Details
A. Abolish licensed certification authorities, authorized certificates, and certified digital signatures (Article 2)
Delete licensed certification authorities designated by the Minister of Science and ICT, authorized certificates issued by licensed certification authorities, and the concept of certified digital signatures based on authorized certificates.
B. Grant effectiveness to digital signatures (Article 3)
Prescribe that a digital signature used as prescribed by law or as agreed between the parties concerned shall take effect as a signature, signature and seal, or name and seal, and that the effectiveness of any other digital signature as a signature, signature and seal, or name and seal shall not be denied on the grounds that it is electronic in format.
C. Make efforts to promote the use of various means of affixing digital signatures (Article 6)
Require the State to make efforts to promote the use of various means of affixing digital signatures and prescribe that where a means of affixing digital signatures is specified, this shall be stipulated in the law, Presidential Decree, National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulation, or Board of Audit and Inspection Regulations.
D. Introduce a system for accreditation of compliance with digital signature certification work operation standards (Articles 7 through 13)
1) Prescribe that the Minister of Science and ICT shall introduce a system for accreditation of compliance with digital signature certification work operation standards to enhance the reliability of digital signatures and provide information necessary for subscribers and users to make an informed choice when selecting a digital signature certification service.
2) Allow digital signature certification service providers to be accredited for compliance with digital signature certification work operation standards by an accreditation agency that has been selected and published by the Minister of Science and ICT after being assessed, etc., by an assessment agency that has been selected and published by the Minister of Science and ICT.
3) Prescribe that accreditation agencies shall issue certificates to digital signature certification service providers accredited for compliance with digital signature certification work operation standards, and allow those digital signature certification service providers that have been issued with a certificate to indicate their compliance with digital signature certification work operation standards.
4) Allow the Minister of Science to revoke the selection of any assessment agency or accreditation agency that no longer meets the selection criteria, or order the whole or partial suspension of the operations thereof.
E. Increasing the scope of verifying entities of identity, etc., and preventing excessive restrictions on digital signatures (Article 14) Prescribe that digital signature certification service providers shall be verifying entities of identity, etc., and that digital signatures shall be restricted through other laws only where inevitable. Diversify methods of name verification.
F. Formulation and publication of, and compliance with, rules for digital signature certification work (Article 15, paragraph 1)
Require digital signature certification service providers that have been issued with a certificate to formulate, publish on an Internet website, etc., and faithfully comply with rules for digital signature certification work, including such matters as the types of digital signature certification services, terms of use, and methods and procedures of digital signature certification work.
G. Application for mediation of digital signature-related disputes (Article 22)
Allow persons who intend to receive mediation services for digital signature-related disputes to apply for mediation with the information security industry dispute mediation committee under the Act on the Promotion of Information Security Industry.
Major Provisions
Accreditation of compliance with digital signature certification work operation standards (Article 7), eligibility of accreditation applicants (Article 8), accreditation agencies (Article 9), assessment agencies (Article 10), revocation of accreditation or assessment agency selection (Article 12), indication of compliance with operation standards (Article 13), verification of identity, etc. (Article 14), subscriber protection (Article 15), inspections (Article 16), correction orders (Article 17), protection of digital signature creating keys (Article 19), liability for damages (Article 20)