skip to main contents skip to main menu

Government Legislation

  • Home
  • Legislative Information
  • Government Legislation
  • [지적재산권/IT] Whole Amendment to the Digital Signature Act
    • Competent Ministry : Ministry of Science and ICT
    • Advance Publication of Legislation : 2018-03-30
    • Opinion Submission Deadline : 2018-05-09

During the early stages of its adoption, the authorized certification system contributed to national informatization by stimulating the use of electronic records and communication through the Internet in a variety of sectors including civil administration, finance, and business transactions. At this point in time, however, as the digital signature market has matured, the authorized certification system is rather undermining the development of digital signatures and inconveniencing users by giving the digital certificate monopoly power in the market, impeding innovation in digital signature technologies and services and limiting the range of convenient digital signature methods available to the public.

To address these issues, the Amendment abolishes the government-led authorized certificate system to create an environment where various digital signature methods may compete with each other based on their technology and services without discrimination, introduces an appraisal system for digital signature certification work that is in line with international standards to strengthen the competitiveness of the relevant industry and increases the range of convenient digital signature methods available to users, thereby improving the Internet user environment.

A. Combine certified digital signatures and digital signatures other than certified digital signatures into the single category of digital signatures to abolish discrimination (Article 2)

B. Allow a digital signature under the provisions of Acts or an agreement between the parties concerned to have an effect of a signature, signature and seal, or name and seal, and ensure other digital signatures are not denied their legal validity as a signature on the ground that they are digital (Article 3)

C. Require the Minister of Science and ICT to prepare and announce the operation standards for digital signature certification work (hereinafter “operation standards”) in line with internationally accepted standards, etc., to enhance the reliability of digital signatures and provide information necessary for users to make reasonable decisions (Article 4)

D. Allow a digital signature certification service provider to request an assessment agency to assess whether it has complied with the operation standards. Through such assessment by an assessment agency or verification by an accrediting agency, the relevant provider may be issued with a certificate to verify that the digital signature certification work concerned complies with the operation standards (Article 5)
E. Allow a digital signature certification service provider with a certificate to indicate the fact that it has complied with the operation standards as specified by the Ordinance of the Ministry of Science and ICT (Article 7)

F. Require a digital signature certification service provider with a certificate to prepare a protective device for subscribers, such as by setting and announcing rules on digital signature certification work, including such matters as the types of digital signature certification work, methods of implementation, and conditions of use, and by notifying subscribers in advance in the event that digital signature certification work is discontinued or closed (Article 8)

G. Hold a digital signature certification service provider with a certificate liable for damages afflicted on subscribers and users in relation to work unless they are able to prove their innocence, thereby protecting subscribers and users (Article 14)

H. Where it is necessary to restrict the use of digital signature methods, such restriction shall be governed by Acts, Presidential Decree, Rules of the National Assembly, Rules of the Supreme Court, Rules of the Constitutional Court, National Election Commission Regulation, and Rules of the Board of Audit and Inspection, thereby strictly controlling any limit imposed on digital signature methods (Article 18)

I. Allow existing authorized certificates to be used as heretofore for their remaining validity period to ensure that users of existing authorized certificates are not inconvenienced by system reform, and protect the reliability of existing licensed certification authorities by construing them as having passed the assessment under the amended provisions for 1 year after the enforcement of this Act (Addenda Article 2 and Article 3)

ㅇ Pre-announcement of legislation: March 30 - May 9, 2018 (40 days)
ㅇ Opinion gathering from government departments: March 30 - April 13, 2018 (14 days)

Regulatory effect assessment
  • 전자서명법 규제영향분석서(최종).hwp [download]
Legislative proposal (draft)
  • 180327 전자서명법 전부개정법률안 입법예고문.hwp [download]