(1) The Minister of Science, ICT and Future Planning may designate as a licensed certification authority an entity that is deemed to be capable of performing authorized certification work (hereinafter referred to as "certification work") in a secure and reliable manner. <Amended by Act No. 6585, Dec. 31, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(2) The entity that can be designated as a licensed certification authority shall be limited to State agencies, local governments and corporations.

(3) The entity that desires to be designated as a licensed certification authority shall meet such requirements as technical and financial capabilities, facilities and equipment, and other required matters as provided by Presidential Decree.

(4) Where the Minister of Science, ICT and Future Planning designates a licensed certification authority under paragraph (1), he/she may designate it, for a sound development, etc. of the authorized certification market, by dividing the domain of certification work under the establishment purpose in cases of State agencies, local governments, non-profit corporations or corporations established by special Acts. <Newly Inserted by Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(5) Procedures for designation of a licensed certification authority and other necessary matters shall be determined by Presidential Decree.

No entity that falls under any of the following subparagraphs shall be designated as a licensed certification authority: <Amended by Act No. 7428, Mar. 31, 2005>

1. 1. A corporation of which any executive falls under any of the following items:
   1. (a) A person who has been declared by a court as incompetent, quasiincompetent or bankrupt and remains not reinstated;
   2. (b) A person in whose case two years have not yet passed since his/her imprisonment without prison labor or heavier punishment as declared by a court was completely executed (including cases where it is deemed to have completely been executed) or exempted from being executed;
   3. (c) A person who is under suspension of the execution of imprisonment without prison labor or heavier punishment as declared by a court;
   4. (d) A person who has been disqualified or whose qualification has been suspended by the court decision or under other Acts; and
   5. (e) A person who was in the position of an executive of a corporation at the time when its designation as a licensed certification authority was revoked pursuant to Article 12 (limited to cases where two years have not yet passed since its revocation); and
2. 2. A corporation in whose case two years have not yet passed since its designation as a licensed certification authority was revoked pursuant to Article 12.

(1) A licensed certification authority shall make its rules of authorized certification work (hereinafter referred to as the "rules of certification work") that contains matters set forth in each of the following subparagraphs and report them to the Minister of Science, ICT and Future Planning before it begins to perform certification work: <Amended by Act No. 6585, Dec. 31, 2001; Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

1. 1. Categories of certification work;
2. 2. Method and procedures for performing certification work;
3. 3. Utilization terms of authorized certification services (hereinafter referred to as "certification services"); and
4. 4. Such other matters as may be necessary for carrying out certification work.

(2) A licensed certification authority shall prepare the rules of certification work under the preparation standard for the rules of authorized certification work and the digital signature certification work guidelines under the provisions of Article 8 that are provided and publicly announced by the Minister of Science, ICT and Future Planning. <Newly Inserted by Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(3) In cases of the modification of the matters already reported under paragraph (1), a licensed certification authority shall report it to the Minister of Science, ICT and Future Planning within a period of time as prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Newly Inserted by Act No. 6585, Dec. 31, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(4) Where the contents of rules of certification work reported under the provisions of paragraph (1) for the securing of safety and reliability of certification work and for the protection of subscribers' interests violate the preparation standard for the rules of authorized certification work provided and publicly announced by the Minister of Science, ICT and Future Planning and the digital signature certification work guidelines under the provisions of Article 8 (1), the Minister of Science, ICT and Future Planning may order the licensed certification authority concerned to modify the same rules of certification work within a reasonable and fixed period of time. <Amended by Act No. 6585, Dec. 31, 2001; Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(5) A licensed certification authority shall faithfully observe all the matters as prescribed by the rules of certification work. <Newly Inserted by Act No. 6585, Dec. 31, 2001>

(1) No licensed certification authority shall refuse to provide certification services without any justifiable reason.

(2) No licensed certification authority shall unjustly discriminate against a subscriber or a certification service user.

(1) In order to secure the safety and reliability of certification work, the Minister of Science, ICT and Future Planning may draw up and publicly announce digital signature certification work guidelines on such definite matters as shall be observed by a licensed certification authority in performing certification work. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(2) The digital signature certification work guidelines under paragraph (1) shall contain the matters of the following subparagraphs: <Newly Inserted by Act No. 7813, Dec. 30, 2005>

1. 1. Matters concerning the management of authorized certificates;
2. 2. Matters concerning the management of digital signature creating keys;
3. 3. Matters concerning the protection of the facilities of licensed certification authorities; and
4. 4. Other matters concerning the certification work and operational management.

[This Article Wholly Amended by Act No. 6585, Dec. 31, 2001]

(1) A licensed certification authority, which desires to acquire the certification work of another licensed certification authority or to merge with another licensed certification authority that is a corporation, shall report it to the Minister of Science, ICT and Future Planning as prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(2) A licensed certification authority that has acquired the certification work as referred to in paragraph (1), or in the case of merger, the corporation that has survived or newly been established after the merger thereunder shall succeed to the status of the former licensed certification authority.

(1) When a licensed certification authority desires to cease all or part of its certification work, it shall fix the period of cessation and notify its subscribers thereof not later than 30 days before the scheduled date of cessation, and also report it to the Minister of Science, ICT and Future Planning. In such cases, this period of cessation shall not exceed six months. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(2) When a licensed certification authority desires to close its certification work, it shall notify its subscribers thereof not later than 60 days before the scheduled date of closure, and also report it to the Minister of Science, ICT and Future Planning. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(3) The licensed certification authority that has reported under paragraph (2) shall transfer to another licensed certification authority its subscriber's authorized certificates as well as the records of the authorized certificates the validity of which was suspended and which was revoked (hereinafter referred to as the "subscriber's certificates, etc."): Provided, That if the subscriber's certificates, etc. may not be transferred to another licensed certification authority due to unavoidable circumstances, the licensed certification authority shall, without delay, report such fact to the Minister of Science, ICT and Future Planning. <Amended by Act No. 6585, Dec. 31, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(4) Upon receipt of the report under the proviso to paragraph (3), the Minister of Science, ICT and Future Planning may order the Korea Internet Security Agency under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as the "Internet Security Agency") to take over the subscriber's certificates, etc. from the licensed certification authority concerned. <Amended by Act No. 6360, Jan. 16, 2001; Act No. 6585, Dec. 31, 2001; Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(5) Such matters as may be necessary for the report of the cessation or closure of certification work as well as the transfer and takeover of the subscriber's certificates, etc. as referred to in paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

The Minister of Science, ICT and Future Planning may order a licensed certification authority to take corrective measures within a fixed period of time if it falls under any of the following subparagraphs: <Amended by Act No. 6585, Dec. 31, 2001; Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

1. 1. Deleted; <by Act No. 7813, Dec. 30, 2005>
2. 2. Where a licensed certification authority fails to satisfy the requirements it should meet under Article 4 (3) after it was designated as a licensed certification authority;
3. 3. Where an executive of a licensed certification authority falls under any of the items of subparagraph 1 of Article 5;
4. 4. Where a licensed certification authority fails to make a report or a report of alterations under Article 6 or where it fails to observe its rules of certification work that have been reported thereunder;
5. 5. Where a licensed certification authority refuses to provide certification services, or unjustly discriminates against subscribers or certification service users, in violation of Article 7;
6. 5-2. Where a licensed certification authority fails to observe such definite matters as determined in the digital signature certification work guidelines, in violation of Article 8;
7. 6. Where no report is made on the acquisition of a certification work by transfer, or on a merger between the licensed certification authorities, in violation of Article 9 (1);
8. 7. Where a licensed certification authority fails to give notice of, or to make report on, the cessation or closure of its certification work, or where it fails to transfer its subscriber's certificates, etc. to another certification authority at the time of the closure of its certification work, in violation of Article 10;
9. 8. Where a licensed certification authority, the designation of which is revoked, fails to transfer its subscriber's certificates, etc. to another certification authority, or fails to make a report it is required to do in cases of no transfer, in violation of Article 12 (2);
10. 9. Where documents and materials as referred to in Article 14 (1) are not submitted;
11. 9-2. Where a licensed certification authority fails to confirm the identity under the latter part of Article 15 (1);
12. 10. Where a licensed certification authority fails to suspend or restore the validity of an authorized certificate, or where it fails to take such measures as may be necessary for this information to be at all times accessible to the public, in violation of Article 17;
13. 11. Where a licensed certification authority fails to revoke an authorized certificate, or where it fails to take such measures as may be necessary for this information to be at all times accessible to the public, in violation of Article 18;
14. 11-2. Where a licensed certification authority fails to take protective measures to secure the safety of certification work facilities in violation of Article 18-3;
15. 12. Where a licensed certification authority fails to report on an occurrence of obstacles to the information processing systems providing a certification work under the provisions of Article 22-3 (1); and
16. 13. Where a licensed certification authority fails to subscribe to the insurance under the provisions of Article 26 (2).

(1) Where a licensed certification authority falls under any of the following subparagraphs, the Minister of Science, ICT and Future Planning may suspend all or part of its certification work for a fixed period not exceeding 6 months, or revoke its designation as a licensed certification authority: Provided, That in such cases as set forth in subparagraphs 1 and 2, its designation shall be revoked: <Amended by Act No. 6585, Dec. 31, 2001; Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

1. 1. Where a designation as provided in Article 4 was obtained through fraud or any other wrongful means;
2. 2. Where a licensed certification authority which has been ordered to suspend its certification work fails to suspend the certification work in violation of such order;
3. 3. Where certification work is not commenced within 6 months after designation as provided in Article 4 or where certification work is ceased for 6 or more consecutive months;
4. 4. Where an order to alter the rules of certification work as provided in Article 6 (4) is violated; and
5. 5. Where a corrective order as provided in Article 11 is not implemented without any justifiable reason.

(2) A licensed certification authority the designation of which is revoked pursuant to paragraph (1) shall transfer its subscriber's certificates, etc. to another licensed certification authority: Provided, That if the subscriber's certificates, etc. may not be transferred due to inevitable circumstances, the licensed certification authority shall, without delay, report it to the Minister of Science, ICT and Future Planning. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(3) The provisions of Article 10 (4) shall apply mutatis mutandis to a licensed certification authority the designation of which is revoked.

(4) Necessary matters pertaining to standards and procedures for dispositions as referred to in paragraph (1) as well as transfer and takeover, etc. under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(1) Where a suspension of certification work as a sanction against an offence falling under any of subparagraphs of Article 12 (1) may cause subscribers, etc. serious inconvenience or may be harmful to other public interests, the Minister of Science, ICT and Future Planning may impose a penalty surcharge not exceeding 20 million won, in lieu of that suspension of certification work. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(2) The amount of a penalty surcharge according to the types and nature of the offences subject to penalty surcharge under paragraph (1) and other necessary matters shall be determined by Presidential Decree. <Amended by Act No. 7813, Dec. 30, 2005>

(3) When a person who is obligated to pay a penalty surcharge under paragraph (1) fails to do so by due date, the Minister of Science, ICT and Future Planning shall collect it by referring to the practices of dispositions on default of national taxes. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(1) In order to confirm the matters of the following subparagraphs for the securing of the safety and reliability of certification work, protection of subscribers, etc., the Minister of Science, ICT and Future Planning may order a licensed certification authority to submit the relevant documents and materials, and direct the relevant public official to enter its office, work site, or any other necessary premises to inspect facilities, equipment, books, records and other items concerning certification work: <Amended by Act No. 6585, Dec. 31, 2001; Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

1. 1. Whether or not the procedures and methods for an identity confirmation by a licensed certification authority under the provisions of Article 15 are appropriate; and
2. 2. Whether or not the safety and reliability of confirmation work provided in the provisions of Articles 18-3, 19 through 22, 22-2, 23 and 24 are secured.

(2) Where the Minister of Science, ICT and Future Planning has the relevant public official inspect under the provisions of paragraph (1), he/she shall notify the relevant licensed certification authority of the inspection plans for date, reasons and details of inspection, not later than 7 days before the beginning of inspection. <Newly Inserted by Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(3) The public official who enters to conduct an inspection pursuant to paragraph (1) shall show a certificate verifying his/her authority to the interested persons, and deliver to the interested persons at the time of entry, the document indicating his/her name, time of entry and purpose of entry, etc. <Amended by Act No. 7813, Dec. 30, 2005>