E-ACT

CHAPTER VII PENAL PROVISIONS

Article 31 (Penal Provisions)

Article 32 (Penal Provisions)

Article 33 (Joint Penal Provisions)

Article 34 (Fine for Negligence)

CHAPTER VII - PENAL PROVISIONS

Article 31 (Penal Provisions)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 6585, Dec. 31, 2001>

  1. 1. A person who holds a subscriber's digital signature creating key without any request on the part of the latter or who uses or discloses a subscriber's digital signature creating key without the consent of the latter, who has asked the former to hold the said key, in violation of Article 21 (3);
  2. 2. A person who uses by stealth or discloses another person's digital signature creating key in violation of Article 23 (1); and
  3. 3. A person who has an authorized certificate issued in the name of another person or aids such issuance, in violation of Article 23 (2).

Article 32 (Penal Provisions)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 7813, Dec. 30, 2005>

  1. 1. A person who fails to retain the subscriber's certificates, etc. in violation of Article 22 (2);
  2. 2. Deleted; <by Act No. 7813, Dec. 30, 2005>
  3. 3. A person who uses an authorized certificate unlawfully by getting himself/herself out of the utilization scope or usage in violation of Article 23 (4); and
  4. 4. A person who transfers or rents an authorized certificate to other persons for the purpose of making them exercise it, or who receives a transfer or rent of the other persons' said certificate for the purpose of exercising it in violation of Article 23 (5).

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

Article 33 (Joint Penal Provisions)

If the representative of a juristic person, or an agent, an employee, or any other employed person of the juristic person or an individual has committed an offence under Article 31 or 32 with respect to the affairs of the juristic person or individual, not only shall such an offender be punished accordingly, but also the juristic person or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply in cases where the juristic person or individual has not neglected to give reasonable attention to and to supervise the relevant affairs to prevent such an offense.

[This Article Wholly Amended by Act No. 9208, Dec. 26, 2008]

Article 34 (Fine for Negligence)

(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 5 million won: <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. A person who fails to report, or report the modification of, the rules of certification work in violation of Article 6 (1) or (3) (including cases of application mutatis mutandis as referred to in Article 25 (2)) or who fails to implement an order to modify the rules of certification work as provided in paragraph (4) of the same Article (including cases of application mutatis mutandis as referred to in Article 25 (2));
  2. 2. A person who refuses to provide certification services without any justifiable reason, or unjustly discriminates against subscribers or users, in violation of Article 7 (including cases of application mutatis mutandis as referred to in Article 25 (2));
  3. 3. A person who fails to make a report under Article 9 (1);
  4. 4. A person who fails to notify his/her subscribers of, or to report thereon to the Minister of Science, ICT and Future Planning, the cessation of certification work as provided in Article 10 (1) or the closure thereof as provided in paragraph (2) of the same Article;
  5. 5. A person who fails to transfer the subscriber's certificates, etc. to another licensed certification authority, or to report the impossibility of such a transfer, without any justifiable reason, in violation of Article 10 (3) or 12 (2);
  6. 6. A person who fails to submit the relevant documents and materials as referred to in Article 14 (1) or submits false records, or who refuses, obstructs, or evades an entrance and inspection by the relevant public officials;
  7. 7. A person who fails to give a notification as provided in Article 21 (4);
  8. 7-2. A person who fails to report on occurrence of obstacles to the information processing systems providing the certification work under the provisions of Article 22-3 (1);
  9. 8. A person who uses a similar mark that leads or may lead others to confuse an unauthorized certificate, etc. with an authorized certificate, or who falsely indicates the use of an authorized certificate, in violation of Article 23 (3);
  10. 9. A person who demands only the authorized certificate of a specific licensed certification authority in violation of Article 25-3; and
  11. 10. A person who fails to subscribe for an insurance in violation of Article 26 (2).

(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the Minister of Science, ICT and Future Planning as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(3) Any person who is dissatisfied with a disposition of fine for negligence as referred to in paragraph (2) may raise an objection to the Minister of Science, ICT and Future Planning within 30 days after he/she was notified of such a disposition. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(4) When a person, who is subject to a disposition of fine for negligence as referred to in paragraph (2), raises an objection under paragraph (3), the Minister of Science, ICT and Future Planning shall, without delay, notify the competent court thereof, and the court so notified shall, in turn, proceed to a trial on fine for negligence in accordance with the NonContentious Case Litigation Procedure Act. <Amended by Act No. 7813, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(5) When an objection is neither raised within such period as prescribed in paragraph (3), nor a fine for negligence paid, the fine for negligence shall be collected by referring to the practices of dispositions on default of national taxes.