(This unofficial English-language translation is intended for reference purposes only.)


<Purpose of the Alternative Bill>

Autonomous driving technology, a key sector of the Fourth Industrial Revolution, is developing into safer ‘cooperative autonomous driving’ in line with the development of road infrastructure. But at the same time, the expansion of vehicle intelligence and connectivity means that they may be more susceptible to hacking than traditional vehicles, posing a significant risk to the lives and safety of the public.

Therefore, there is a need for a cooperative autonomous driving certification management system to ensure the reliability and anonymity of communication messages generated by roadside devices and vehicles on the road and to create a safe driving infrastructure for autonomous vehicles. However, the current governing law does not provide the legal basis for the development and operation of such a certification management system.

The purpose of this bill is to provide the legal basis for the development and operation of a certification management system to ensure the safety and reliability of the cooperative autonomous driving system.


<Key Contents of the Alternative Bill>

A. For the development and operation of a cooperative autonomous driving certification management system, the Minister of Land, Infrastructure and Transport is authorized to be the highest certifying body and is granted the authority to manage, supervise, and operate the cooperative autonomous driving certification management system and to conduct related businesses, including establishment and operation of a cooperative autonomous driving certification management center (Article 27 of the Bill).
B. The Minister of Land, Infrastructure and Transport is required to designate an entity capable of providing the cooperative autonomous driving certification service in a safe and reliable manner, as the certifying body, and to issue a public notice specifying the qualifications for being a certifying body (Article 28 of the Bill).
C. To provide for certain specific matters required to comply with the certifying body in the performance of its certification duty, the Minister of Land, Infrastructure and Transport shall be required to develop and promulgate such specific matters including, but not limited to, matters concerning management of certificates, management of identification and authentication data, matters concerning the protection of facilities and equipment, as well as a fee policy (Article 29 of the Bill).
D. Prior to the commencement of operation, the certifying body shall be required to enact and report to the Minister of Land, Infrastructure and Transport rules on cooperative autonomous driving certification in accordance with cooperative autonomous driving certification management standards, including, but not limited to, types of cooperative autonomous driving certificates and specific methods and procedures for cooperative autonomous driving certification (Article 30 of the Bill).
E. To ensure safe certification service by the certifying body, the certifying body shall be required to take measures necessary to protect the safety of the facilities and equipment used for certification service, and the Minister of Land, Infrastructure and Transport shall be authorized to regularly inspect the certifying body and require the submission of documents and materials (Article 33 of the Bill).
F. To ensure the stable management and operation of the certification management system, the certifying body shall be required to develop a failure prevention and response plan, which shall include plans for risk detection, management, and failure recovery. (Article 34 of the Bill).
G. The certifying body shall be liable for damages to a member or a user if it has caused loss or damage thereto in connection with the performance of cooperative autonomous driving certification service (Article 38 of the Bill).


<Full Amendment>

A Bill to Amend the Act on the Promotion of and Support for the Commercialization of Autonomous Vehicles*

The Act on the Promotion of and Support for the Commercialization of Autonomous Vehicles* shall be amended as follows.

In subparagraph 3 of paragraph (1) of Article 2, “cooperative systems for autonomous driving” shall be changed to “cooperative autonomous driving systems”, and new subparagraphs 7 through 12 shall be added as follows.
“7. The term “cooperative autonomous driving certification” means an act to identify and prove the components of road transport, such as vehicles and roadside base stations, in order to secure the reliability and safety of communications occurring during the cooperative autonomous driving process;
8. The term “cooperative autonomous driving certificate” means electronic information that is used to identify and prove the components of road transport in order to secure the reliability and safety of communications;
9. The term “cooperative autonomous driving system” means a system to provide certification-related services such as issuance of cooperative autonomous driving certificates and management of certification-related records;
10. The term “certifying body” means an entity designated under the provisions of Article 28(1) as the certifying body authorized to issue, manage, and revoke cooperative autonomous driving certificates;
11. The term “member” means an entity or person that has been issued a cooperative autonomous driving certificate from the certifying body; and
12. The term “user” means a person who uses the services provided by the cooperative autonomous driving certification system.

The following new chapter number and heading shall be added before Article 4.
“Chapter II. Promotion of Use of Autonomous Vehicles”

In subparagraph 3 of paragraph (1) of Article 4, cooperative systems for autonomous driving shall be changed to “cooperative autonomous driving systems”.
In paragraph (1) of Article 5, “cooperative systems for autonomous driving system” shall be changed to “cooperative autonomous driving systems”.
In paragraph (3) of Article 6, “cooperative systems for autonomous driving system” shall be changed to “cooperative autonomous driving systems”.

The following new chapter number and heading shall be added before Article 17.
“Chapter III. Creation of an Environment for the Use of Autonomous Vehicles”

In the heading and text of Article 21, each “cooperative systems for autonomous driving system” shall be changed to “cooperative autonomous driving systems”.
Articles 27 through 29 shall be changed to Articles 39 through 41, respectively, and the following new Chapter IV (from Article 27 to Article 38) shall be added after Article 26.

“Chapter IV. Development and Operation of a Certification Management System
to Ensure the Safety of Autonomous Vehicles

Article 27 (Development and Operation of a Certification Management System) (1) The Minister of Land, Infrastructure and Transport shall be the highest certifying body, with the authority to manage, supervise, and operate the cooperative autonomous driving system, and shall be responsible for the following to ensure the safety and reliability of cooperative autonomous driving certifications:
1. Development and operation of a cooperative autonomous driving certification system;
2. Management of and supervision over the certifying body designated pursuant to Article 28;
3. Inspection of protective measures taken under Article 33(1) and of the safety of general operation;
4. Development, dissemination, and research on the standardization of technology related to cooperative autonomous driving;
5. Research on the certification of cooperative autonomous driving and provision of support for international cooperation; and
6. Any other matters necessary in connection with the development and operation of the cooperative autonomous driving system.
(2) The Minister of Land, Infrastructure and Transport shall establish and operate a cooperative autonomous driving certification management center to oversee the performance of the certification management responsibilities listed in paragraph (1) above.
(3) The Minister of Land, Infrastructure and Transport may delegate its responsibility for the management, supervision, and operation of a certification management system under paragraph (1) above and for the establishment and operation of a cooperative autonomous driving certification management center under paragraph (2) above to the Korea Transportation Safety Authority (refers to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act) in accordance with the Presidential Decree.
(4) Any other matters necessary for the operation of the certification management system shall be prescribed by Presidential Decree.
Article 28 (Designation of Certifying Body) (1) The Minister of Land, Infrastructure and Transport may designate an entity deemed capable of providing cooperative autonomous driving certification service in a safe and reliable manner, as the certifying body.
(2) An entity that may be designated as the certifying body hereunder shall be a government agency, local autonomous body, or a corporation, other than the following:
1. An entity in which any of the following persons is an officer:
A. A person who has been sentenced to imprisonment without labor or a more severe punishment, and for whom two years have not elapsed from the date on which the sentence was executed or exempted;
B. A person who has been sentenced to imprisonment without labor or a more severe punishment and is on probation;
C. A person who has been disqualified or suspended by a court order or law; or
D. A person who was an officer of an entity with respect to which designation was cancelled under Article 31 at the time of such cancellation, and for whom two years have not elapsed from the date of such cancellation.
2. An entity for which designation has been cancelled under Article 31 within the past two years.
(3) An entity that desires to be designated as the certifying body shall meet the requirements prescribed by the Presidential Decree in terms of technology, finance, facilities, equipment, and other necessary matters.
(4) Any other necessary matters, including, but not limited to, the nature of the certifying body, the details of the certification service, and the designation procedure, shall be prescribed by Presidential Decree.
Article 29 (Cooperative Autonomous Driving Certification Management Standards) (1) The Minister of Land, Infrastructure and Transport shall enact and promulgate cooperative autonomous driving certification management standards (“certification management standards”) containing the specific standards and rules for complying with the certifying body in the course of conducting its certification service, in order to ensure the safety and reliability of the cooperative autonomous driving certification service.
(2) The certification management standards shall include the following:
1. Matters concerning the management of cooperative autonomous driving certificates (“certificates”), such as issuance and revocation of certificates;
2. Matters concerning the management of identification and authentication data;
3. Matters concerning the protection of facilities and equipment belonging to the certifying body;
4. Matters concerning the fee policy, including the types and details of fees; and
5. Any other matters concerning the management of certificates and the certification service.
Article 30 (Cooperative Autonomous Driving Certification Rules) (1) Prior to commencement of operation, the certifying body shall enact and report to the Minister of Land, Infrastructure and Transport the rules on cooperative autonomous driving certification (“certification rules”) in accordance with certification management standards, which shall include the following items, and shall faithfully comply with the certification rules:
1. Types of certificates;
2. Methods and procedures of the certification service, such as issuance and revocation of certificates;
3. Any restrictions and limitations, such as conditions of use, applicable to the certification service;
4. Forms and methods of public notification of information about the certification service;
5. Measures necessary to protect the facilities and equipment of the certifying body;
6. The certifying body’s guarantee obligation and liability for damages;
7. A privacy policy; and
8. Any other matters necessary for the performance of certification service.
(2) In the event of change of any of the certification rules reported under paragraph (1) above, the certifying body shall report such a change to the Minister of Land, Infrastructure and Transport within the period specified under the Presidential Decree.
(3) If any of the certification rules reported under paragraph (1) above is/are in violation of the certification management standards, the Minister of Land, Infrastructure and Transport may order the certifying body to amend the certification rules in order to comply with the certification management standards within a reasonable period, as determined at its sole discretion, to ensure the safety and reliability of the certification service and to protect the interest of members.
(4) Other matters relating to the procedure and method of reporting and amendment of certification rules shall be prescribed by Presidential Decree.
Article 31 (Suspension of Certification Service and Revocation of Designation) (1) The Minister of Land, Infrastructure and Transport may order the suspension of all or part of the certification service for a period of up to six (6) months, or revoke the designation of the certifying body in any of the following cases, provided that the Minister of Land, Infrastructure and Transport shall revoke the designation of the certifying body in the case of subparagraphs 1 and 2:
1. The certifying body has obtained the designation under Article 28 by providing false information or through other unlawful means;
2. The certifying body that received an order to suspend certification service fails to suspend certification service in violation of such order;
3. The certifying body fails to commence operation within three (3) months of the date of designation under Article 8, or fails to provide the certification service for a consecutive period of three (3) months or longer;
4. The certifying body fails to comply with the Minister of Land, Infrastructure and Transport’s order to amend the certification rules in accordance with Article 30(3); or
5. The certifying body fails to comply with a corrective order issued in accordance with the provisions of Article 32 without a justifiable reason.
(2) If the designation of the certifying body is revoked, the relevant certifying body shall hand over the letter of designation and other relevant documents to another or a successor certifying body, provided that, if such a hand-over is not possible for any reason, the certifying body shall immediately report the circumstances to the Minister of Land, Infrastructure and Transport.
(3) The Minister of Land, Infrastructure and Transport may, if he or she has received a report on the impossibility of hand-over of the letter of designation and other documents pursuant to the proviso of paragraph (2) above, may order the cooperative autonomous driving management center to take over such letter of designation and other documents.
(4) The standards and procedures for an order under paragraph (1) above shall be prescribed by Presidential Decree, and matters relating to the hand-over and takeover under paragraph (2) above shall be prescribed by the Minister of Land, Infrastructure and Transport’s Decree.
Article 32 (Corrective Order) In any of the following cases, the Minister of Land, Infrastructure and Transport may issue a corrective order with a deadline in accordance with the Presidential Decree:
1. The certifying body fails to meet the qualifications under Article 28(3) or is disqualified after being designated as the certifying body;
2. The certifying body fails to comply with the certification management standards under Article 29;
3. The certifying body fails to report the certification rules or any change(s) thereof as required by Article 30, or to comply with the reported certification rules;
4. The certifying body fails to take protective measures to ensure the safety of the facilities and equipment used for the certification service, in accordance with Article 33;
5. The certifying body fails to establish a failure prevention/response plan for the system providing certification service or fails to report a failure, in accordance with Article 34;
6. The certifying body fails to revoke the certificate or to take measures to ascertain the occurrence of the relevant event despite the occurrence of an event under Article 36(1); or
7. The certifying body fails to take measures required by Article 38(2), including, but not limited to, purchase of an insurance policy, enrollment in a mutual-aid program, or establishment of a reserve fund.
Article 33 (Obligation to Take Measures to Protect the Safety of Facilities and Equipment) (1) The certifying body shall take protective measures prescribed by the Minister of Land, Infrastructure and Transport’s Decree to protect the safety of the facilities and equipment used for the certification service (“required protective measures”).
(2) The certifying body shall regularly, on an annual basis, inspect the safety of the facilities and equipment used for the certification service and report the results to the Minister of Land, Infrastructure and Transport.
(3) In order to examine whether the certifying body has taken the required protective measures, the Minister of Land, Infrastructure and Transport may order the certifying body to submit relevant materials, and have its employees enter any office or place of work of the certifying body, to inspect the facilities, equipment, books and documents, and any other items related to the certification service.
(4) If the Minister of Land, Infrastructure and Transport intends to conduct an inspection under paragraph (3), he/she shall notify the relevant certifying body of the inspection plan including the date, time, purpose, details, etc., at least seven (7) days prior to commencement of the inspection.
(5) Matters necessary for the procedure and method of reporting inspection results under paragraph (2); submission of materials under paragraph (3); procedure, method and access of inspection; and notification of the inspection plan under paragraph (4) shall be prescribed by a Decree of the Minister of Land, Infrastructure and Transport.
Article 34 (Prevention of and Response to Failures during Certification Service) (1) To ensure stable management and operation of the certification management system, the certifying body shall develop a failure prevention and response plan, which shall include plans for risk detection, management, and failure recovery.
(2) If a failure occurs in the certification management system, the certifying body shall immediately report such an occurrence to the Minister of Land, Infrastructure and Transport and prepare measures to promptly recover from the failure.
(3) Any other matters relating to the prevention of, response to, and recovery of failures in the certification management system and the method and procedure of reporting failures shall be prescribed under Presidential Decree.
Article 35 (Termination of Validity of Certificate) Certificates issued by the certifying body in accordance with Article 28 shall cease to be valid in the event of any of the following:
1. Expiration of term of validity;
2. Revocation of designation of the certifying body that issued the certificate in accordance with Article 31(1); or
3. Revocation of the certificate in accordance with Article 36(1).
Article 36 (Revocation of Certificate) (1) The certifying body and the certification management center shall revoke any certificate in the event that:
1. They deem revocation necessary as a result of a verification by the certifying body qualified to verify unethical conduct; or
2. They become aware of the occurrence of any event that may make them unable to guarantee the reliability or validity of the relevant certificate.
(2) If a certificate is revoked under paragraph (1) above, the certifying body and the certification management center shall take necessary measures to make such revocation publicly known without delay in accordance with the Presidential Decree.
Article 37 (Imposition of Fine) (1) The Minister of Land, Infrastructure and Transport may impose a fine of up to KRW 20 million on the certifying body in lieu of issuing an order of business suspension if the certifying body falls under any of the subparagraphs of Article 32 and the suspension of its business is likely to cause social confusion or harm other public interests:
(2) Other necessary measures, including types of violations subject to a fine under paragraph (1) and amount of fines based on the seriousness of violations shall be prescribed by Presidential Decree.
(3) If the certifying body on which a fine is imposed under paragraph (1) above fails to pay such fine on or prior to the payment due date, the Minister of Land, Infrastructure and Transport shall collect such a fine by means of disposition for failure of tax payment.
Article 38 (Liability and Insurance) (1) The certifying body shall be liable for damages to a member or a user who relied on the certificate if it has caused any loss or damage thereto in connection with performance of certification service, unless the certifying body proves not to be responsible for such loss or damage.
(2) The certifying body shall take any measures necessary to guarantee its performance of liability for damages under paragraph (1) above, including, but not limited to, purchase of insurance, enrollment in a mutual-aid program, or establishment of a reserve fund, as prescribed by Presidential Decree.

The following new chapter number and heading shall be added before Article 39 (formerly Article 27)
“Chapter V. Addenda”

The following new chapter number and heading shall be added before Article 41 (formerly Article 29), and, in Article 41, “Article 19” shall be changed to “Article 19 and Article 38.”

“Chapter VI. Penal Provisions”

New “Article 42” and “Article 43” shall be added as follows.
“Article 42 (Joint Penal Provision) Where the representative of a corporation, or an agent or employee of, or other persons employed by a corporation, or an individual, commits any violations among those described in Article 41 in connection with the business affairs of the corporation or the individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine or minor fine prescribed in the relevant Article, provided that this shall not apply to cases in which such a corporation or individual has not been negligent in giving due attention and supervision concerning the business affairs relevant to preventing such violations.
Article 43 (Fine) (1) Any certifying body falling under any of the following shall be subject to a fine of up to KRW 5 million:
1. A certifying body that fails to hand over the certificate, etc., to another or a successor certifying body or fails to file a report without justifiable reason in violation of Article 31(2);
2. A certifying body that fails to submit documents, or submits false documents, or refuses, interferes with, or evades the entrance of and inspections by government employees in violation of Article 33(3);
3. A certifying body that fails to establish a prevention and response plan under the certification management system in violation of Article 34(1); or
4. A certifying body that fails to report the occurrence of a failure in the certification management system in violation of Article 34(2).
(2) Fines under paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport in accordance with the Presidential Decree.

Addenda

This Act shall enter into force six (6) months after its promulgation.”



*Tentative English translation of the original Korean title