Plenary Results
Plenary passes bills including amendment to the Personal Information Protection Act
- Apr 14, 2023
- 357
Plenary passes bills including amendment to the Personal Information Protection Act
- Amendment to the Personal Information Protection Act to newly stipulate ‘moveable visual data processing devices’
- Amendment to the Government Organization Act to elevate the Ministry of Patriots and Veterans Affairs and create the Korean Nationals Abroad Administration*
* English translation of the original Korean title is tentative
The National Assembly passed 103 items on its agenda, including 98 bills, during the 8th plenary meeting of the 403rd extraordinary session, held on Feb. 27, 2023.
Major bills tabled for consideration were as follows:
<1> Amendment to the Personal Information Protection Act
An amendment was passed to protect personal information and help a data subject effectively control their personal information.
First, ‘movable visual data processing devices’ will be defined with relevant regulations to reflect the increasing use of drones and autonomous vehicles. When a person wishes to use such a device for business purposes, they are not permitted to film a video of other people or anything relating to them in a public place.
The amendment will also allow a data subject to have the right to require transmission of their personal information to themselves or another person(s) or institution(s), while making a specialized institution for the management of personal information designated by the Protection Commission support the exercise of the right.
<2> Amendments to the Game Industry Promotion Act and the Promotion of Cartoons Act
The amendment to the Game Industry Promotion Act was passed to improve regulations concerning in-game random item draws, amid recent controversy over speculation and alleged manipulation of the probabilities of item-draws. The Act will define the probability-based item as one whose type, effect, and performance are decided randomly, among all items acquired through direct/indirect purchase or in combination with other freely earned items; and mandate that game producers and publishers mark the type of a probability-based item and the probabilities of drawing each type. Entities that violate the regulations will be ordered to take corrective measures by the Minister of Culture, Sports and Tourism, and if corrective measures are not taken, the producers/publishers will be punishable by imprisonment of up to two years or a fine of up to KRW 20 million.
The amendment to the Promotion of Cartoons Act is to include ‘webtoons’ — web comics published digitally on a website or app — among the ‘cartoons’ category. More specifically, the definition of cartoons will be expanded to include those drawn on physical or digital materials, and webtoons shall refer to cartoons created in an information and communications network and intended for distribution across such a network.
<3> Act on Support for Restructuring and Regeneration of Agricultural Areas
The approved bill seeks to enact the Act on Support for Restructuring and Regeneration of Agricultural Areas* to contribute to addressing problems in agricultural areas, such as unplanned development and regional imbalances, by pushing forward with agricultural area-centric plans.
In particular, basic plans will be established and implemented for the development, utilization and functional recovery of agricultural areas; specialized zones of agriculture will be designated; and general rules of autonomy will be developed and enforced.
* English translation of the original Korean title is tentative.
<4> Amendments to the Special Act on Private Rental Housing and the Housing and Urban Fund Act
These amendments were passed to prevent a growing housing rental scam in Korea, by instituting stricter qualification requirements for registration as a rental business operator and institutional disadvantages to those who do not return deposits to tenants.
Specifically, non-Koreans allowed to register as a rental business operator will have to reside in Korea and their qualifications will be stipulated by law. Operators who seem to have difficulty returning deposits to tenants because they are in arrears on taxes will not be allowed to register as a rental business operator or will have to cancel their registration.
For lessors who do not return deposits totaling KRW 100 million or more six months after cancellation of registration, the Minister of Land, Infrastructure and Transport will be allowed to disclose their names, the location of leased assets, and the reasons for cancelled registration on the internet for three years.
Habitual defaulters for whom the Korea Housing & Urban Guarantee Corp. returned lease deposits will also be subject to having their names and other information disclosed on the internet.
<5> Special Act on Fostering of National Strategic Technology*
The bill to enact the Special Act on Fostering of National Strategic Technology seeks to focus on support for strategic technologies to prepare for the weaponization of state-of-the-art technology and its risk to the supply chain.
More specifically, the Minister of Science and ICT will be able to select and manage national strategic technology after review with the heads of related central administrative agencies and deliberation by the Advisory Council on Science and Technology Act. Research and development projects relating to national strategic technology will be assigned a high priority for support, and their research and development institutions will be regarded as special cases subject to different standards for government contributions and share of cash funding.
To promote the commercialization of research and development achievements in the national strategic technology sector, the heads of central administrative agencies will be allowed to appoint dedicated institutions for this purpose and provide them financial support.
* English translation of the original Korean title is tentative.
<6> Amendment to the Government Organization Act
The amendment is intended to upgrade the Ministry of Patriots and Veterans Affairs to a full-fledged ministry and establish a new agency for policies and affairs relating to overseas Koreans. Specifically, the upgraded ministry will take charge of affairs regarding the awarding of merits to persons who provided distinguished service to the state and their survivors, compensation and protection of veterans, and their burial and memorialization. The new agency will be established under the Minister of Foreign Affairs to take charge of affairs concerning overseas Koreans.
<7> Amendments to the Trial of Small Claims Act and three other laws
① The amendment to the Trial of Small Claims Act is to delete the Special Cases on Judgment article enabling the omission of records on reasons for the decision, notwithstanding the provisions of Article 208 of the Civil Procedure Act.
② Despite the steady rise* in the number of deceased persons who either have no relative(s) or whose relatives are unknown, even before the spread of COVID-19, under the existing law, neighbors and friends of the deceased have found it difficult to gain acknowledgement as their relatives. The amendment to the Act on Funeral Services will allow persons who had maintained a long-term and continuous relationship or engaged in the same religious or social solidarity activities with the deceased, as well as those designated in a signed document or will of the deceased, to lead funeral rites for the deceased.
*1,820 in 2016, 2,008 in 2017, 2,447 in 2018, 2,656 in 2019, 2,947 in 2020, source: Ministry of Health and Welfare (2021)
③ The amendment to the Act on the Promotion of Mutually Beneficial Cooperation Between Large Enterprises and Small and Medium Enterprises is intended to assess penalty points to a commissioning enterprise that has violated laws in a consignment and commission deal and to allow the Minister of SMEs and Startups to request that the head of a relevant central agency, the head of a local agency, or the head of a public institution restrict enterprises whose penalty points exceed the standard from participating in bidding. But an enterprise that has redressed the damage stemming from a violation will be exempted from correction and a corrective order or will be subject to a reduced number of penalty points.
④ The amendment to the Act on the Promotion of Saving and Recycling of Resources is intended to add accommodation facilities with 50 or more rooms to the list of facilities or types of business that shall control the use of disposable products and shall not provide disposable products for free. Furthermore, meal service facilities will be required to allow customers who place a delivery order through an e-commerce platform or any other method to choose whether or not to use disposable products.
<8> Resolution calling on the Japanese government to withdraw its UNESCO rebid for the Sado mine and implement the UNESCO recommendations regarding Japan’s modern industrial facilities, including Battleship Island (Hashima Island), that were registered as a UNESCO World Heritage Site in 2015*
* English translation of the original Korean title is tentative.
The Japanese government has recently resubmitted documents seeking UNESCO World Heritage recognition for the controversial former gold mine dubbed the Sado mine in northern Japan, to which the National Assembly of the Republic of Korea has adopted a resolution* urging Japan to withdraw its bid.
* The National Assembly of the Republic of Korea also adopted an earlier resolution in February 2022 calling for the Japanese government to withdraw its UNESCO bid for the Sado mine.
More specifically, under the resolution the National Assembly expresses its deep regret at the UNESCO rebid for the Sado mine by the Japanese government, and calls on Tokyo to withdraw this new attempt and quickly implement the UNESCO recommendations and follow-up measures regarding Japan’s modern industrial facilities, including Battleship Island (Hashima Island), that were registered as a UNESCO World Heritage Site in 2015, as well as urging the Korean government to request Japan’s withdrawal of the rebid and UNESCO’s refusal of the rebid.
- Amendment to the Personal Information Protection Act to newly stipulate ‘moveable visual data processing devices’
- Amendment to the Government Organization Act to elevate the Ministry of Patriots and Veterans Affairs and create the Korean Nationals Abroad Administration*
* English translation of the original Korean title is tentative
The National Assembly passed 103 items on its agenda, including 98 bills, during the 8th plenary meeting of the 403rd extraordinary session, held on Feb. 27, 2023.
Major bills tabled for consideration were as follows:
<1> Amendment to the Personal Information Protection Act
An amendment was passed to protect personal information and help a data subject effectively control their personal information.
First, ‘movable visual data processing devices’ will be defined with relevant regulations to reflect the increasing use of drones and autonomous vehicles. When a person wishes to use such a device for business purposes, they are not permitted to film a video of other people or anything relating to them in a public place.
The amendment will also allow a data subject to have the right to require transmission of their personal information to themselves or another person(s) or institution(s), while making a specialized institution for the management of personal information designated by the Protection Commission support the exercise of the right.
<2> Amendments to the Game Industry Promotion Act and the Promotion of Cartoons Act
The amendment to the Game Industry Promotion Act was passed to improve regulations concerning in-game random item draws, amid recent controversy over speculation and alleged manipulation of the probabilities of item-draws. The Act will define the probability-based item as one whose type, effect, and performance are decided randomly, among all items acquired through direct/indirect purchase or in combination with other freely earned items; and mandate that game producers and publishers mark the type of a probability-based item and the probabilities of drawing each type. Entities that violate the regulations will be ordered to take corrective measures by the Minister of Culture, Sports and Tourism, and if corrective measures are not taken, the producers/publishers will be punishable by imprisonment of up to two years or a fine of up to KRW 20 million.
The amendment to the Promotion of Cartoons Act is to include ‘webtoons’ — web comics published digitally on a website or app — among the ‘cartoons’ category. More specifically, the definition of cartoons will be expanded to include those drawn on physical or digital materials, and webtoons shall refer to cartoons created in an information and communications network and intended for distribution across such a network.
<3> Act on Support for Restructuring and Regeneration of Agricultural Areas
The approved bill seeks to enact the Act on Support for Restructuring and Regeneration of Agricultural Areas* to contribute to addressing problems in agricultural areas, such as unplanned development and regional imbalances, by pushing forward with agricultural area-centric plans.
In particular, basic plans will be established and implemented for the development, utilization and functional recovery of agricultural areas; specialized zones of agriculture will be designated; and general rules of autonomy will be developed and enforced.
* English translation of the original Korean title is tentative.
<4> Amendments to the Special Act on Private Rental Housing and the Housing and Urban Fund Act
These amendments were passed to prevent a growing housing rental scam in Korea, by instituting stricter qualification requirements for registration as a rental business operator and institutional disadvantages to those who do not return deposits to tenants.
Specifically, non-Koreans allowed to register as a rental business operator will have to reside in Korea and their qualifications will be stipulated by law. Operators who seem to have difficulty returning deposits to tenants because they are in arrears on taxes will not be allowed to register as a rental business operator or will have to cancel their registration.
For lessors who do not return deposits totaling KRW 100 million or more six months after cancellation of registration, the Minister of Land, Infrastructure and Transport will be allowed to disclose their names, the location of leased assets, and the reasons for cancelled registration on the internet for three years.
Habitual defaulters for whom the Korea Housing & Urban Guarantee Corp. returned lease deposits will also be subject to having their names and other information disclosed on the internet.
<5> Special Act on Fostering of National Strategic Technology*
The bill to enact the Special Act on Fostering of National Strategic Technology seeks to focus on support for strategic technologies to prepare for the weaponization of state-of-the-art technology and its risk to the supply chain.
More specifically, the Minister of Science and ICT will be able to select and manage national strategic technology after review with the heads of related central administrative agencies and deliberation by the Advisory Council on Science and Technology Act. Research and development projects relating to national strategic technology will be assigned a high priority for support, and their research and development institutions will be regarded as special cases subject to different standards for government contributions and share of cash funding.
To promote the commercialization of research and development achievements in the national strategic technology sector, the heads of central administrative agencies will be allowed to appoint dedicated institutions for this purpose and provide them financial support.
* English translation of the original Korean title is tentative.
<6> Amendment to the Government Organization Act
The amendment is intended to upgrade the Ministry of Patriots and Veterans Affairs to a full-fledged ministry and establish a new agency for policies and affairs relating to overseas Koreans. Specifically, the upgraded ministry will take charge of affairs regarding the awarding of merits to persons who provided distinguished service to the state and their survivors, compensation and protection of veterans, and their burial and memorialization. The new agency will be established under the Minister of Foreign Affairs to take charge of affairs concerning overseas Koreans.
<7> Amendments to the Trial of Small Claims Act and three other laws
① The amendment to the Trial of Small Claims Act is to delete the Special Cases on Judgment article enabling the omission of records on reasons for the decision, notwithstanding the provisions of Article 208 of the Civil Procedure Act.
② Despite the steady rise* in the number of deceased persons who either have no relative(s) or whose relatives are unknown, even before the spread of COVID-19, under the existing law, neighbors and friends of the deceased have found it difficult to gain acknowledgement as their relatives. The amendment to the Act on Funeral Services will allow persons who had maintained a long-term and continuous relationship or engaged in the same religious or social solidarity activities with the deceased, as well as those designated in a signed document or will of the deceased, to lead funeral rites for the deceased.
*1,820 in 2016, 2,008 in 2017, 2,447 in 2018, 2,656 in 2019, 2,947 in 2020, source: Ministry of Health and Welfare (2021)
③ The amendment to the Act on the Promotion of Mutually Beneficial Cooperation Between Large Enterprises and Small and Medium Enterprises is intended to assess penalty points to a commissioning enterprise that has violated laws in a consignment and commission deal and to allow the Minister of SMEs and Startups to request that the head of a relevant central agency, the head of a local agency, or the head of a public institution restrict enterprises whose penalty points exceed the standard from participating in bidding. But an enterprise that has redressed the damage stemming from a violation will be exempted from correction and a corrective order or will be subject to a reduced number of penalty points.
④ The amendment to the Act on the Promotion of Saving and Recycling of Resources is intended to add accommodation facilities with 50 or more rooms to the list of facilities or types of business that shall control the use of disposable products and shall not provide disposable products for free. Furthermore, meal service facilities will be required to allow customers who place a delivery order through an e-commerce platform or any other method to choose whether or not to use disposable products.
<8> Resolution calling on the Japanese government to withdraw its UNESCO rebid for the Sado mine and implement the UNESCO recommendations regarding Japan’s modern industrial facilities, including Battleship Island (Hashima Island), that were registered as a UNESCO World Heritage Site in 2015*
* English translation of the original Korean title is tentative.
The Japanese government has recently resubmitted documents seeking UNESCO World Heritage recognition for the controversial former gold mine dubbed the Sado mine in northern Japan, to which the National Assembly of the Republic of Korea has adopted a resolution* urging Japan to withdraw its bid.
* The National Assembly of the Republic of Korea also adopted an earlier resolution in February 2022 calling for the Japanese government to withdraw its UNESCO bid for the Sado mine.
More specifically, under the resolution the National Assembly expresses its deep regret at the UNESCO rebid for the Sado mine by the Japanese government, and calls on Tokyo to withdraw this new attempt and quickly implement the UNESCO recommendations and follow-up measures regarding Japan’s modern industrial facilities, including Battleship Island (Hashima Island), that were registered as a UNESCO World Heritage Site in 2015, as well as urging the Korean government to request Japan’s withdrawal of the rebid and UNESCO’s refusal of the rebid.
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