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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON BROADCASTING COMMUNICATIONS DEVELOPMENT

Presidential Decree No. 22550, Dec. 27, 2010

Amended by Presidential Decree No. 22626, Jan. 17, 2011

Presidential Decree No. 22770, Mar. 29, 2011

Presidential Decree No. 23082, Aug. 19, 2011

Presidential Decree No. 24012, Jul. 31, 2012

Presidential Decree No. 24445, Mar. 23, 2013

Presidential Decree No. 24809, Oct. 30, 2013

Presidential Decree No. 25393, jun. 25, 2014

Presidential Decree No. 26337, jun. 22, 2015

Presidential Decree No. 26768, Dec. 30, 2015

Presidential Decree No. 27202, May 31, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Framework Act on Broadcasting Communications Development and other matters necessary for the enforcement thereof.
CHAPTER II DEVELOPMENT OF BROADCASTING COMMUNICATIONS AND ENHANCEMENT OF PUBLIC WELFARE
 Article 2 (Coordination Commission for Broadcasting Communications Content)
(1) The Minister of Science, Information and Communications Technology (ICT) and Future Planning, the Minister of Culture, Sports and Tourism, and the Korea Communications Commission shall organize and operate the Coordination Commission for Broadcasting Communications Content (hereafter referred to as "Coordination Commission" in this Article) to discuss and coordinate the following in respect of content for broadcasting communications and advertisements through broadcasting communications under Article 8 (3) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Matters concerning assistance in the production, distribution, export, etc. of content for broadcasting communications and the plan for the promotion of content for broadcasting communications under Article 12 of the Act;
2. Matters concerning international cooperation in terms of content for broadcasting communications under Article 23 (2) of the Act;
3. Matters concerning the promotion of policies on content for broadcasting communications using the Broadcasting Communications Development Fund (hereinafter referred to as "Fund") under Article 24 of the Act;
4. Matters concerning the policies on, and assistance for, advertisements through broadcasting communications;
5. Other matters for which consultation and coordination are deemed by the Minister of Science, ICT and Future Planning, the Minister of Culture, Sports and Tourism, and the Korea Communications Commission to be necessary for efficiency.
(2) The Coordination Commission shall be co-chaired by the vice minister appointed by the Minister of Science, ICT and Future Planning, the vice minister appointed by the Minister of Culture, Sports and Tourism, and the member of the Korea Communications Commission appointed by the chairperson of the Korea Communications Commission. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) Matters necessary for the organization and operation of the Coordination Commission and other matters shall be determined jointly by the chairpersons.
 Article 3 (Designation of Dedicated Institutions)
(1) An institution dedicated to business affairs related to the master plan for broadcasting communications (hereinafter referred to as "dedicated institution") shall be designated for the following fields under Article 9 (1) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Facilitating and laying the foundation for broadcasting communications services;
2. Research and development of broadcasting communications for promoting broadcasting communications technologies;
3. Assistance for transition to digital broadcasting;
4. Evaluation of the current status of competition in the broadcasting communications market;
5. Creation of a sound usage culture of broadcasting communications;
6. Prevention of distribution of illegal information by means of broadcasting communications networks;
7. Fostering human resources for broadcasting communications;
8. Standardization of broadcasting communications;
9. Other fields related to the basic matters concerning broadcasting communications as publicly announced by the Minister of Science, ICT and Future Planning, or the Korea Communications Commission.
(2) Institutions that may be designated as a dedicated institution under Article 9 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25393, Jun. 25, 2014>
4. Other institutions or organizations related to broadcasting communications announced by the Minister of Science, ICT and Future Planning or the Korea Communications Commission.
(3) In designating a dedicated institution under Article 9 (2) of the Act, the Minister of Science, ICT and Future Planning or the Korea Communications Commission shall consider the following: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Work relevance to the designated field;
2. Work performance in the designated field;
3. Financial, technical, and human capacity to carry out work in the designated field;
4. Other matters deemed necessary for efficient performance of work in the designated field by the Minister of Science, ICT and Future Planning or the Korea Communications Commission.
(4) The head of a dedicated institution shall submit a detailed business plan and a financial plan for each designated field to the Minister of Science, ICT and Future Planning or the Korea Communications Commission. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(5) Other matters necessary for the operation, management, work, etc. of dedicated institutions shall be determined and publicly announced by the Minister of Science, ICT and Future Planning or the Korea Communications Commission. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 4 (Evaluation of Current Status of Competition)
(1) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall define unit markets before evaluating the current status of competition (hereinafter referred to as "evaluation of current status of competition") in the broadcasting communications market under Article 11 (2) of the Act, in consideration of the following: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Substitutability in terms of demand and supply in broadcasting communications services;
2. Geographical scope for providing broadcasting communications services;
3. Special transactional features related to the sale of broadcasting communications services;
4. Characteristics of users of broadcasting communications services.
(2) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall evaluate the current status of competition in the unit markets defined under paragraph (1) in consideration of the following: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Market structure: Number of broadcasting communications business entities, entry barriers, market shares, etc.;
2. Response ability of users: Easiness of access to the information on broadcasting communications services, easiness of substituting broadcasting communications services or broadcasting communications business entities, etc.;
3. Market performance: Prices and quality levels of broadcasting communications services, amount of excess profits of broadcasting communications business entities, etc.;
4. Behaviors of broadcasting communications business entities: Degree of competition in price and quality of broadcasting communications services, level of technical innovation, etc.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2) above, further details regarding the procedures and methods for such evaluation shall be determined by the Minister of Science, ICT and Future Planning and the Korea Communications Commission after consultation. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 5 (Establishment, Operation, etc. of Korea Association for Information and Communications Technology Promotion)
(1) When authorizing the establishment of the Korea Association for Information and Communications Technology Promotion (hereinafter referred to as "Promotion Association") under Article 15 (1) of the Act, the Minister of Science, ICT and Future Planning shall publicly announce such fact on the official gazette and the web-site. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) The business scope of the Promotion Association shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Human resources development and public relations activities, including education and training related to information and communications;
2. Surveys of technical trends in information and communications and activities to disseminate new technologies;
3. Preparation and management of statistics related to information and communications;
4. Exchanges with domestic and foreign institutions related to information and communications;
5. Activities to protect users and improve their convenience in using information and communications services, etc.;
6. Projects entrusted by the Minister of Science, ICT and Future Planning;
7. Other projects prescribed by its articles of incorporation.
(3) The Minister of Science, ICT and Future Planning may request the following data where deemed necessary for the supervision over the Promotion Association under Article 15 (5) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A business plan or business performance report for the relevant year;
2. A budget plan or balance sheet for the relevant year;
3. Other documents deemed necessary for the efficient supervision over the Promotion Association by the Minister of Science, ICT and Future Planning.
CHAPTER III PROMOTION OF BROADCASTING COMMUNICATIONS
 Article 6 (Support to Research Institutes, etc.)
(1) The following research institutes and organizations (hereafter referred to as "research institute" in this Article) may be supported by the Minister of Science, ICT and Future Planning or the Korea Communications Commission under Article 18 (2) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Research institutes which conduct affairs of research and development of broadcasting communications;
2. Research institutes which provide education and develop human resources for broadcasting communications;
3. Research institutes which perform affairs related to the distribution of broadcasting communications technologies and standardization thereof;
4. Dedicated institutions.
(2) The Minister of Science, ICT and Future Planning or the Korea Communications Commission may provide the following support to research institutes under paragraph (1): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. To provide subsidies to cover expenses incurred for policy research and survey activities related to broadcasting communications;
2. To provide subsidies to cover expenses incurred for education and training related to broadcasting communications;
3. To provide technical information related to broadcasting communications;
4. To provide support for exchanges and cooperation with domestic and foreign research institutes related to broadcasting communications.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the procedures and methods for providing support to research institutes shall be determined and publicly notified by the Minister of Science, ICT and Future Planning or the Korea Communications Commission. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 7 (Assistance in Research Activities)
(1) The scope of research activities related to broadcasting communications technology in which the Minister of Science, ICT and Future Planning or the Korea Communications Commission provides assistance under Article 19 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Research on policies on broadcasting communications technology;
2. Publication of books on broadcasting communications technology;
3. Holding academic conferences on broadcasting communications technology;
4. Other matters deemed necessary for the research and development of broadcasting communications technology by the Minister of Science, ICT and Future Planning or the Korea Communications Commission.
(2) When intending to provide assistance in research activities under paragraph (1), the Minister of Science, ICT and Future Planning or the Korea Communications Commission shall comprehensively consider the following standards: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Necessity of research activities;
2. Appropriateness and cost-effectiveness of research activities;
3. Potential for making full use of research findings:
4. Whether they overlap with other research activities.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the procedures and methods for providing assistance in research activities shall be determined and publicly notified by the Minister of Science, ICT and Future Planning or the Korea Communications Commission. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 8 (Details and Methods of Technical Guidance)
(1) The details of technical guidance referred to in Article 20 (2) of the Act shall be as follows:
1. Application of technical standards to instruments and materials for broadcasting communications;
2. Improvement of production technologies for instruments and materials for broadcasting communications;
3. Improvement of functions and special features of instruments and materials for broadcasting communications;
4. Standard methods applicable to the installation and operation of instruments and materials for broadcasting communications;
5. Quality assurance for instruments and materials for broadcasting communications;
6. Adoption, application, and development of new broadcasting communications technologies.
(2) The Minister of Science, ICT and Future Planning may provide technical guidance by any of the following methods: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Provision of technical information;
2. Provision of technical training and transfer of technologies;
3. Support for technical cooperation at home and abroad.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the procedures, methods and management of technical guidance and other matters shall be determined and publicly notified by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 9 (Deliberation by Committee for Promotion of Inter-Korean Exchanges)
The committee for promotion of inter-Korean exchanges (hereinafter referred to as "Exchanges Promotion Committee") under Article 22 (3) of the Act shall deliberate on the following:
1. Matters regarding basic direction-setting for exchanges and cooperation between South and North Korea and promotion of major policies;
2. Matters regarding support for inter-Korean exchanges and cooperation;
3. Matters regarding joint production of broadcasting programs by South and North Korea;
4. Matters regarding support for relay broadcasting of major international sports games;
5. Other matters deemed necessary for inter-Korean exchanges and cooperation by the chairperson of the Exchanges Promotion Committee.
 Article 10 (Composition and Operation of Exchanges Promotion Committee)
(1) The Exchanges Promotion Committee shall be composed of up to 20 members, including one chairperson.
(2) The chairperson shall be appointed from among the members of the Korea Communications Commission by the chairperson of the Korea Communications Commission, and the members of the Exchanges Promotion Committee shall be appointed or commissioned from among the following persons by the chairperson of the Korea Communications Commission: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Public officials in general service belonging to the Senior Executive Service of the Korea Communications Commission;
1-2. Public officials in general service belonging to the Senior Executive Service of the Ministry of Science, ICT and Future Planning;
2. Public officials in general service belonging to the Senior Executive Service of the Ministry of Unification, as recommended by the Minister of Unification;
3. Other persons deemed to have extensive academic knowledge of and experience in the field of inter-Korean relations and broadcasting communications.
(3) The term of office for the members commissioned under paragraph (2) 3 shall be two years.
(4) The chairperson shall represent the Exchanges Promotion Committee and oversee its activities: Provided, That where the chairperson is unable to perform his/her duties due to inevitable circumstances, a member of the committee who is designated by the chairperson of the Korea Communications Commission shall perform the duties on his/her behalf.
(5) The chairperson shall convene and preside over meetings of the Exchanges Promotion Committee, and the meetings shall commence with the attendance of a majority of all incumbent members and shall pass resolutions with the affirmative vote of a majority of those present.
(6) The Exchanges Promotion Committee may establish subcommittees where necessary to conduct its activities efficiently.
(7) Except as otherwise expressly provided for in paragraphs (1) through (6), matters necessary for the composition and operation of the Exchanges Promotion Committee and other matters shall be determined by the chairperson upon approval of the Exchange Promotion Committee.
CHAPTER IV BROADCASTING COMMUNICATIONS DEVELOPMENT FUND
 Article 11 (Revenues)
"Revenues specified by Presidential Decree" in Article 25 (1) 6 of the Act means any of the following: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Proceeds from the operation of State property, being a part of the assets of the Fund;
2. Surcharges under Article 25 (6) of the Act;
3. Loans;
4. Other revenues acknowledged by the Minister of Science, ICT and Future Planning and the Korea Communications Commission.
 Article 12 (Collection of Charges)
(1) In determining the collection rates for charges under Article 25 (2) through (5) of the Act, comprehensive consideration shall be given to the public nature of broadcasting operation, the status of competition in the broadcasting market, the scale of profit and financial condition of the relevant business entity, etc.: <Amended by Presidential Decree No. 26337, Jun. 22, 2015>
(2) Terrestrial broadcasting business entities, business entities using a broadcasting channel, general cable broadcasting business entities, satellite broadcasting business entities and Internet multimedia broadcasting business entities under Article 25 (2) through (4) of the Act shall submit the following data to the Minister of Science, ICT and Future Planning and the Korea Communications Commission by March 31 of each year: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The statement of financial position, income statement, and supplementary schedules for the previous year;
2. Other data deemed necessary for the calculation of charges by the Minister of Science, ICT and Future Planning and the Korea Communications Commission.
(3) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall send a notice of payment stating the amount, deadline, and receiving agencies of charges to the relevant business entities by August 31 of each year, in order to collect charges calculated under paragraph (1). <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26337, Jun. 22, 2015>
(4) Where a charge calculated under paragraph (1) exceeds 100 million won, the Minister of Science, ICT and Future Planning and the Korea Communications Commission may allow payment of the charge to be made in two equal installments. In such cases, the first installment payment shall be made by September 30 and the second installment payment by November 30. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26337, Jun. 22, 2015>
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the calculation and collection of charges and other matters shall be determined and publicly notified by the Minister of Science, ICT and Future Planning and the Korea Communications Commission. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24809, Oct. 30, 2013>
 Article 13 (Exemption and Reduction of Charges, and Surcharges)
(1) Exemption and reduction of charges under Article 25 (5) of the Act shall be based on the following standards: <Amended by Presidential Decree No. 24809, Oct. 30, 2013; Presidential Decree No. 26337, Jun. 22, 2015>
1. A business entity whose sales revenue from broadcasting advertisement for the previous year is five billion won or less and who recorded a net loss for the term under the income statement for the previous year, among the following business entities: Exemption of the charge for the relevant year:
(a) Terrestrial broadcasting business entities defined in subparagraph 3 (a) of Article 2 of the Broadcasting Act;
(b) Program-providing business entities engaged in general programming or specialized news programming, among program-providing business entities defined in subparagraph 3 (d) of Article 2 of the Broadcasting Act;
2. A business entity whose deficit under the statement of financial position for the previous year amounts to at least the total amount of capital (including capital surplus; the same shall apply hereafter in subparagraph 3) under the statement of financial position: Exemption of the charge for the relevant year;
3. A business entity whose deficit under the statement of financial position for the previous year is less than the total amount of capital under the statement of financial position: Reduction of the charge for the relevant year by the ratio of the deficit to the total amount of capital.
(2) Deleted. <by Presidential Decree No. 24809, Oct. 30, 2013>
(3) A surcharge imposed under Article 25 (6) of the Act shall be the amount corresponding to 3/100 of the charge in arrears: Provided, That where payment is made within one week after the deadline, the amount of the surcharge shall be 1/100 of the charge in arrears. <Amended by Presidential Decree No. 22770, Mar. 29, 2011>
 Article 13-2 Deleted. <by Presidential Decree No. 27202, May 31, 2016>
 Article 14 (Functions of Council for Operation of Broadcasting Communications Development Fund)
(1) The Council for the Operation of the Broadcasting Communications Development Fund established under Article 27 (2) of the Act (hereinafter referred to as "Council for the Fund") shall deliberate on the following: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. An operation plan for the Fund under Article 66 (5) of the National Finance Act;
2. Changes in the amount of spending on major items under Article 70 (2) and (3) of the National Finance Act;
3. An annual report of the Fund under Article 73 of the National Finance Act;
4. Establishment and revision of the asset operation guidelines under Article 79 of the National Finance Act;
5. Other matters deemed important for the operation of the Fund by the Minister of Science, ICT and Future Planning and the Korea Communications Commission.
(2) In drawing up a draft of an operation plan for the Fund under paragraph (1) 1 through consultation with the Korea Communications Commission, the Minister of Science, ICT and Future Planning shall endeavor to make sure that the financial resources of the Fund under Article 25 (1) 2 and 3 of the Act are appropriately allocated to the projects in the broadcasting and communications sectors. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 15 (Composition and Operation of Council for Fund)
(1) Each of the following persons shall be the members of the Council for the Fund, and the chairperson of the Council for the Fund (hereinafter referred to as "Chairperson of the Council") shall be appointed from among persons referred to in subparagraphs 1 and 2 by the Minister of Science, ICT and Future Planning through consultation with the Korea Communications Commission: <Amended by Presidential Decree No. 24809, Oct. 30, 2013>
1. Vice Minister II of Science, ICT and Future Planning;
2. Members of the Korea Communications Commission;
3. President of the Korea Communications Agency under Article 66 (1) of the Radio Waves Act;
4. Two persons recommended by the Minister of Culture, Sports and Tourism from among those other than public officials;
5. Persons commissioned by the Minister of Science, ICT and Future Planning through consultation with the Korea Communications Commission from among those deemed to have extensive expert or academic knowledge of, and experience in, the management and operation of the Fund and broadcasting communications.
(2) The chairperson of the Council shall represent the Council for the Fund and oversee its activities; Provided, That when the chairperson of the Council is unable to perform his/her duties due to inevitable circumstances, the person appointed by the Minister of Science, ICT and Future Planning through consultation with the Korea Communications Commission shall perform the duties on his/her behalf. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) The term of office for the members commissioned under paragraph (1) 2 through 4 shall be two years and may be renewed only once. <Amended by Presidential Decree No. 24809, Oct. 30, 2013>
(4) Meetings of the Council for the Fund shall commence with the attendance of a majority of all incumbent members, and shall pass resolutions with the affirmative vote of a majority of those present.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the composition and operation of the Council for the Fund and other matters shall be determined by the Minister of Science, ICT and Future Planning through consultation with the Korea Communications Commission. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 16 (Entrustment, etc. of Administrative Affairs Related to Fund)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall entrust the following for the collection, operation, and management of the Fund under Article 27 (5) of the Act to the Korea Communications Agency (hereinafter referred to as "Agency") under Article 66 (1) of the Radio Waves Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Matters regarding income and expenditure of the Fund;
2. Accounting for the operation and management of the Fund;
3. Operation of surplus fund of the Fund;
4. Conduct of the loan business of the Fund;
5. Other affairs deemed necessary for the collection, operation, and management of the Fund and entrusted by the Minister of Science, ICT and Future Planning and the chairperson of the Korea Communications Commission.
(2) In order to clarify the management and operation of the Fund, the Agency shall separate the accounting of the Fund from that of other businesses.
(3) Any costs incurred to the Agency in the course of conducting the affairs entrusted under paragraph (1) shall be borne by the Fund.
 Article 17 (Setup of Account for Fund and Accounting Agency)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall set up an account for the Fund with the Bank of Korea under the Bank of Korea Act in order to clarify the income and expenditure of the Fund. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning and the chairperson of the Korea Communications Commission shall appoint an income collector for the Fund, financial commissioner for the Fund, expenditure officer for the Fund, and public official in charge of the accounts of the Fund from among subordinate public officials to have them perform duties related to the income and expenditure of the Fund. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24809, Oct. 30, 2013>
(3) The Minister of Science, ICT and Future Planning shall, through consultation with the chairperson of the Korea Communications Commission, appoint an executive officer in charge of income of the Fund and an executive officer in charge of encumbrances from among the officers of the Agency, and appoint an employee in charge of expenditures of the Fund and an employee in charge of the accounts of the Fund from among the employees of the Agency. In such cases, the executive officer in charge of income shall perform duties of an income collector; the executive officer in charge of encumbrances shall perform duties of a financial commissioner; the employee in charge of expenditures of the Fund shall perform duties of an expenditure officer; and the employee in charge of the accounts of the Fund shall perform duties of a public official in charge of the accounts of the Fund. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24809, Oct. 30, 2013>
 Article 18 (Details of Operation and Management of Fund)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission may determine and publicly notify details regarding the operation, management, etc. of the Fund. The same shall apply to any revision thereto. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning and the chairperson of the Korea Communications Commission may determine matters necessary for selection, evaluation, etc. of a project to which the Fund makes contributions. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
CHAPTER V TECHNICAL STANDARDS, ETC. FOR BROADCASTING COMMUNICATIONS
 Article 19 (Exemption from Test, etc. of Broadcasting Communications Facilities)
"Broadcasting communications business entities specified by Presidential Decree" in the proviso to Article 28 (2) of the Act means any of the following broadcasting communications business entities:
1. Telecommunications business entities that reported, or are deemed to have reported, the value-added telecommunications business under Article 22 (1) and (2) of the Telecommunications Business Act;
2. Business entities using a broadcasting channel under subparagraph 3 (d) of Article 2 of the Broadcasting Act and electric sign board broadcasting business entities under subparagraph 12 of the same Article;
3. Internet multimedia broadcasting contents business entities under subparagraph 5 (b) of Article 2 of the Internet Multimedia Broadcast Services Act.
 Article 20 (Preparation of Drawing Documents)
(1) Drawing documents referred to in Article 28 (3) of the Act shall be prepared by any of the following persons: <Amended by Presidential Decree No. 22626, Jan. 17, 2011>
1. Engineering business entities in the field of communications and information processing listed in attached Table 1 of the Enforcement Decree of the Engineering Technology Promotion Act;
2. Professional engineers who have registered the opening of an office of professional engineers under the Article 6 (1) of the Professional Engineers Act and who are professional engineers in the field of communications and information processing listed in attached Table 1 of the Enforcement Decree of the same Act;
3. Information and communications engineers in the engineering category referred to in the subparagraph 1 of attached Table 6 of the Enforcement Decree of the Information and Communications Construction Business Act.
(2) The Minister of Science, ICT and Future Planning may, where deemed necessary, determine and publicly notify the scope of installation work for broadcasting communications facilities which may be designed only by a person falling under paragraph (1) 1. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 21 (Management Regulations)
(1) Broadcasting communications business entities required to set regulations on the management of the broadcasting communications facilities (hereinafter referred to as "Management Regulations") under Article 30 of the Act are as follows:
1. Persons who have obtained a license for facilities-based telecommunications service under Article 6 of the Telecommunications Business Act;
2. Terrestrial broadcasting business entities, general cable broadcasting business entities, and satellite broadcasting business entities under subparagraph 3 (a) through (c) of Article 2 of the Broadcasting Act;
3. Internet multimedia broadcasting business entities under subparagraph 5 (a) of Article 2 of the Internet Multimedia Broadcast Services Act.
(2) The Management Regulations shall include the following:
1. Matters concerning the composition, job descriptions, and duties of the management organization of broadcasting communications facilities;
2. Matters concerning installation, examination, operation, inspection, repair, and maintenance of broadcasting communications facilities;
3. Matters concerning actions and countermeasures against failures of broadcasting communications facilities;
4. Matters concerning the measures to protect communications secrets of broadcasting communications services users.
 Article 22 (Subject Matter and Procedures of Standardization)
(1) The following shall be subject to the standardization of broadcasting communications under the main sentence of Article 33 (1) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Matters concerning technologies for broadcasting communications;
2. Matters concerning broadcasting communications facilities and instruments or materials for broadcasting communications;
3. Matters concerning broadcasting communications networks;
4. Matters concerning broadcasting communications services;
5. Other matters deemed necessary for the standardization of broadcasting communications and publicly notified by the Minister of Science, ICT and Future Planning.
(2) The Minister of Science, ICT and Future Planning shall consult with the Minister of Trade, Industry and Energy where deemed necessary to prevent any overlap between the matters concerning the standardization of broadcasting communications under paragraph (1) and the Korean Industrial Standards under the Industrial Standardization Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) In order to deliberate on matters concerning the adoption of the standards for broadcasting communications under Article 33 (2) of the Act, a deliberation committee for broadcasting communications standards shall be established in the Ministry of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(4) Details regarding the composition and operation of the deliberation committee for broadcasting communications standards under paragraph (3) and other matters shall be determined and publicly notified by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
CHAPTER VI MANAGEMENT OF DISASTERS IN BROADCASTING COMMUNICATIONS
 Article 23 (Major Broadcasting Communications Business Entity)
“A person who meets the requirements prescribed by Presidential Decree” in Article 35 (1) 1 of the Act means any of the following persons:
1. A person who has at least 100,000 subscribers;
2. A person who has at least 500,000 lines.
[This Article Wholly Amended by Presidential Decree No. 27202, May 31, 2016]
 Article 24 (Procedures for Formulating Master Plans for Management of Disasters in Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall formulate guidelines to establish a master plan for the management of disasters in broadcasting communications for the next year and shall notify broadcasting communications business entities falling under each subparagraph of Article 35 (1) of the Act (hereinafter referred to as “major broadcasting communications business entities”) thereof by May 31 of each year under Article 36 (1) of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27202, May 31, 2016>
(2) Major broadcasting communications business entities shall establish a plan for the management of disasters in broadcasting communications for the next year in accordance with the guidelines formulated under paragraph (1) and shall submit it to the Minister of Science, ICT and Future Planning or the Korea Communications Commission by July 31 of each year. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall finalize the basic plan for the management of disasters in broadcasting communications for the next year by September 30 of each year under Article 36 (3) of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 24-2 (Guidance, Inspection, etc. of Implementation of Master Plans for Management of Disasters in Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall provide guidance and conduct inspection as to whether the plan for the management of disasters in broadcasting communications has been implemented under Article 36-2 (2) of the Act (hereafter referred to as “guidance and inspection” in this Article) not less than once every year.
(2) When providing guidance and conducting inspection, the Minister of Science, ICT and Future Planning and the Korea Communications Commission shall inform major broadcasting communications business entities of the guidance and inspection plan including the date and contents, etc. thereof not later than seven days before the date of guidance and inspection: Provided, That where it is urgent or it is impracticable to achieve the purpose of the guidance and inspection if informed in advance, such notice may not be given.
(3) The Minister of Science, ICT and Future Planning or the Korea Communications Commission may request major broadcasting communications business entities to submit data necessary to verify whether the plan for the management of disasters in broadcasting communications has been implemented within the scope necessary for the implementation of guidance and inspection.
(4) If necessary for the guidance or inspection, the Minister of Science, ICT and Future Planning or the Korea Communications Commission may require that the affiliated public officials access the area or business site where broadcasting communications facilities are established and provide guidance and inspection.
(5) The public officials who provide the guidance and inspection under paragraph (4) shall carry a certificate that indicates his/her authority and present it to related parties.
[This Article Newly Inserted by Presidential Decree No. 27202, May 31, 2016]
 Article 25 (Integrated Operation of Broadcasting Communications Facilities)
(1) The Minister of Science, ICT and Future Planning or the Korea Communications Commission may take the following measures for the integrated operation of broadcasting communications facilities under Article 37 (1) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Measures to require broadcasting communications business entities and owners of broadcasting communications facilities not used for broadcasting communications service (hereinafter referred to as "private broadcasting communications facilities") to exchange information on the facilities which they operate or own;
2. Measures to require a dedicated institution designated by the Minister of Science, ICT and Future Planning or the Korea Communications Commission to build database containing information on the facilities operated or owned by broadcasting communications business entities and owners of private broadcasting communications facilities;
3. Measures to require dedicated institutions designated by the Minister of Science, ICT and Future Planning or the Korea Communications Commission to share information contained in the database created under subparagraph 2.
(2) Where integrated operation of broadcasting communications facilities under Article 37 (1) of the Act is necessary, broadcasting communications business entities may make a request to other broadcasting communications business entities or owners of private broadcasting communications facilities for integrated operation. In such cases, those who have received such request shall comply therewith except in extenuating circumstances.
(3) Any broadcasting communications business entity may request mediation from the Minister of Science, ICT and Future Planning or the Korea Communications Commission where any other broadcasting communications business entity or owner of private broadcasting communications facilities does not comply with a request for integrated operation of broadcasting communications facilities under paragraph (2). <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning or the Korea Communications Commission may order a broadcasting communications business entity or owner of private broadcasting communications facilities to conduct integrated operation of broadcasting communications facilities ex officio or at the request for mediation under paragraph (3). <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 26 (Composition and Operation of Headquarters for Countermeasures)
(1) The headquarters for countermeasures against broadcasting communications disasters (hereinafter referred to as "Headquarters for Countermeasures") under Article 39 of the Act shall be composed of public officials of central administrative agencies directly related to the recovery of broadcasting communications disasters and employees of major broadcasting communications business entities.
(2) The Minister of Science, ICT and Future Planning shall prescribe the method for organizing the Headquarters for Countermeasures in order to timely respond to any broadcasting communications disaster and shall inform the same to the heads of central administrative agencies and major broadcasting communications business entities under paragraph (1). <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) The head of the Headquarters for Countermeasures shall represent the Headquarters for Countermeasures and shall oversee the following tasks:
1. Exercising control over the mobilization of materials for emergency recovery and restoration activities of major broadcasting communications business entities;
2. Establishing countermeasures for efficient emergency recovery activities including allocation of roles to major broadcasting communications business entities as well as establishment of an emergency recovery system;
3. Providing support to broadcasting communications in the region where a broadcasting communications disaster has occurred;
4. Other matters deemed necessary by the head of the Headquarters for Countermeasures.
(4) The head of the Headquarters for Countermeasures may request major broadcasting communications business entities to dispatch their employees for efficient operation of the Headquarters for Countermeasures. In such cases, major broadcasting communications business entities shall comply therewith except in extenuating circumstances.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the composition and operation of the Headquarters for Countermeasures shall be determined by the head of the Headquarters for Countermeasures.
 Article 27 (Reporting of Major Broadcasting Communications Business Entities)
From the start and until the end of a broadcasting communications disaster, each major broadcasting communications business entity shall report damages, recovery status, remedies, etc. to the Minister of Science, ICT and Future Planning (only when the Headquarters for Countermeasures has not been organized) or to the Headquarters for Countermeasures at any time when necessary under Article 39 (4) of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 27-2 (Designation of Manager of Disasters in Broadcasting Communications)
(1) Each major broadcasting communications business entity shall designate the head of the department which overseas the tasks regarding disasters in broadcasting communications of the relevant broadcasting communications business entities as a manager of disasters in broadcasting communications pursuant to Article 39-2 (1) of the Act: Provided, That where there is no department which overseas the tasks regarding disasters in broadcasting communications, it shall designate a manager of disasters in broadcasting communications among the executive officers and employees of the relevant broadcasting communications business entities in consideration of the relevancy with tasks of disasters in broadcasting communications and competency, etc.
(2) Where a major broadcasting communications business entity designates a manager of disasters in broadcasting communications under paragraph (1), it shall inform the fact thereof to the Minister of Science, ICT and Future Planning or the Korea Communications Commission within 30 days from the day of designation.
[This Article Newly Inserted by Presidential Decree No. 27202, May 31, 2016]
 Article 28 (Disaster Broadcasting, etc.)
(1) When making a request to all or some of broadcasting service business entities falling under each subparagraph of Article 40 (1) of the Act for disaster broadcasting services or broadcasting services for civil defense warnings (hereinafter referred to as “disaster broadcasting services, etc.”) under the former part of Article 40 (2) of the Act, the Minister of Science, ICT and Future Planning and the Korea Communications Commission shall make it in a written form (including an electronic document): Provided, That where it is urgent for the prevention of a disaster or calamity, such request may be made by phone or fax. <Amended by Presidential Decree No. 24012, Jul. 31, 2012; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27202, May 31, 2016>
(2) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall specify each of the following when requesting disaster broadcasting services, etc. under paragraph (1): <Amended by Presidential Decree No. 24012, Jul. 31, 2012; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27202, May 31, 2016>
1. The status of a disaster, calamity, or civil defense crisis;
2. The weather conditions and details of special weather reports (only in the case of a disaster or calamity caused by a natural phenomenon);
3. The national action plan by type of disaster, calamity or civil defense crisis;
4. Other matters necessary to prevent or reduce damage from a disaster, calamity or civil defense crisis.
(3) Where any broadcasting business entity under each subparagraph of Article 40 (1) of the Act provides disaster broadcasting services, etc., it shall reflect the reports of disaster situation, etc. by the head of the relevant central administrative agencies or the head of local governments in charge of the management of a disaster, calamity, or civil defense crisis. <Amended by Presidential Decree No. 27202, May 31, 2016>
(4) Details necessary for the matters to be observed by disaster broadcasting services, etc. under Article 40 (3) of the Act shall be determined and publicly notified by the Minister of Science, ICT and Future Planning and the Korea Communications Commission. <Amended by Presidential Decree No. 27202, May 31, 2016>
(5) Where any broadcasting business entity falling under Article 40 (1) 2, 3 and 5 of the Act transmits disaster broadcasting services, etc. in the form of subtitles pursuant to the proviso to the same paragraph, it shall comply with the following standards: <Newly Inserted by Presidential Decree No. 27202, May 31, 2016>
1. To transmit warning issuance agency, types of warning, area of occurrence and time information regarding a disaster, calamity, or civil defense crisis in the form of subtitles on a screen;
2. To ensure that the subtitles falling under subparagraph 1 do not overlap with other subtitles.
(6) The hours of disaster broadcasting services and broadcasting services for civil defense warnings under Article 40 (1) and (2) of the Act shall not be included in the estimation of broadcast programming ratios under Articles 50, 51, 52-2, 57 and 58 of the Enforcement Decree of the Broadcasting Act. <Amended by Presidential Decree No. 24012, Jul. 31, 2012; Presidential Decree No. 27202, May 31, 2016>
 Article 28-2 (Roles of Host Broadcaster for Disaster Broadcasting Services, etc.)
(1) A host broadcaster for disaster broadcasting services, etc. designated under Article 40-2 (1) of the Act (hereinafter referred to as “host broadcaster”) shall implement a simulation training of disaster broadcasting, etc. under paragraph (3) 3 of the same Article not less than once a year.
(2) A host broadcaster shall submit the result of the measures referred to in Article 40-2 (3) of the Act to the Minister of Science, ICT and Future Planning and the Korea Communications Commission not later than the last day of February every year.
(3) For the establishment and standardization of a broadcasting communications system for an effective provision of disaster broadcasting services, etc., a host broadcaster shall cooperate with the head of the relevant central administrative agency and other broadcasting business entities, etc., and if necessary for the provision of disaster broadcasting services, etc., it may request necessary support to the head of the relevant central administrative agency.
[This Article Newly Inserted by Presidential Decree No. 27202, May 31, 2016]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 29 (Submission of Data)
The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall provide a period of at least five days for submission when requesting submission of relevant data, including statistical data, to broadcasting communications business entities under the main sentence of Article 42 of the Act: Provided, That this shall not apply where they are urgently needed for establishment and execution of various policies on broadcasting, or where inevitable circumstances exist. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
 Article 30 (Delegation and Entrustment of Authority)
(1) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall delegate their authority over promotion of the standardization of broadcasting communications, recommendation of the standardization, and public notice of the adoption of standards for broadcasting communications under Article 33 (1) and (2) of the Act to the head of the National Radio Research Agency under Article 44 (1) of the Act. <Amended by Presidential Decree No. 23082, Aug. 19, 2011; Presidential Decree No. 24445, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall delegate each of the following authority to the head of the Central Radio Management Office under Article 44 (1) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Investigation and test of broadcasting communications facilities under Article 28 (5) of the Act;
2. A corrective order to a person who has installed broadcasting communications facilities under Article 31 of the Act or an order for other necessary measures;
3. A request for a report from a person who has installed broadcasting communications facilities and an inspection of broadcasting communications facilities, etc. under Article 43 (1) of the Act;
4. An order to remove the broadcasting communications facilities or to take other necessary measures under Article 43 (2) of the Act;
5. Imposition and collection of administrative fines under Article 48 (2) 1 through 4, 8, and 9 of the Act.
(3) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall entrust each of the following duties to the Agency under Article 44 (1) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Implementation of the policies under Article 16 of the Act;
2. Support for broadcasting communications research institutes and organizations under Article 18 (1) of the Act;
3. Support for research activities under Article 19 (1) of the Act;
4. Implementation of the plan to foster professional human resources under Article 21 of the Act.
 Article 30-2 (Re-Examination of Regulations)
The Minister of Science, ICT and Future Planning shall examine the appropriateness of the scope of broadcasting communications business entities exempt from the obligations to undergo a test of broadcasting communications facilities and to maintain the records thereof every three years from January 1, 2014 (referring to the period that ends on the day before January 1 every third year), and shall take measures for improvement, etc.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
CHAPTER VIII PENALTY PROVISIONS
 Article 31 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 48 (1) and (2) of the Act shall be as provided for in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 27202, May 31, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Articles 11 through 18 and Articles 2, 3, and 6 (1), (2) and (6) (limited to the amended provisions of Articles 22, 23, 23-2 and 24 of the aforesaid Article) of the Addenda shall enter into force on January 1, 2011.
Article 2 (Applicability to Remission of Charges)
Article 13 (1) shall also apply to the business entities authorized for
business on or after January 1, 2008.
Article 3 (Special Cases concerning Collection of Charges from Terrestrial Broadcasting Business Entities)
(1) Notwithstanding Article 12 (1) 1 and paragraphs (2) through (5) of the same Article, charges imposed on terrestrial broadcasting business entities for the years 2011 through 2013 shall be collected on a quarterly basis.
(2) Terrestrial broadcasting business entities shall submit data that the Korea Communications Commission deems necessary for the calculation of charges, including the quarterly sales of broadcasting advertisements under paragraph (1), to the Korea Communications Commission within 15 days from the end of the relevant quarter.
(3) When intending to collect charges under paragraph (1), the Korea Communications Commission shall send a notice of payment stating the amount to be paid by the terrestrial broadcasting business entity, the payment deadline, and collection agencies within one month from the end of the relevant quarter.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the calculation and collection of charges under this Article shall be determined and publicly announced by the Korea Communications Commission.
Article 4 (Transitional Measures on Criteria for Imposing Administrative Fines)
When imposing administrative fines for any violation committed before this Decree enters into force, notwithstanding the attached Table, the previous cases shall apply.
Article 5 (Transitional Measures following Citation of other Statutes)
"The Korea Communications Agency under Article 66 (1) of the Radio Waves Act" in the main sentence of Article 16 (1) shall be construed as the Korea Radio Promotion Agency under Article 66 (1) of the Radio Waves Act until January 23, 2011.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 22626, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 22770, Mar. 29, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23082, Aug. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24012, Jul. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Remission or Reduction of Charges)
The amended provisions of Article 13 (2) shall begin to apply to the charges collected in 2012.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 24445, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24809, Oct. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 shall enter into force on February 14, 2014.
Article 2 (Applicability to Re-Appointment of Members of Council)
The amended provisions of Article 15 (3) shall also apply to those serving as members as at the time this Decree enters into force.
Article 3 (Transitional Measures concerning Executive Officers in Charge of Income of Fund)
The executive officer in charge of income of the Fund, executive officer in charge of encumbrances, employee in charge of expenditures, and employee in charge of the accounts of the Fund (hereinafter referred to as "executive officers, etc.") appointed under the former provisions before this Decree enters into force shall be construed as executive officers, etc. appointed under the amended provisions of Article 17 (3).
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26337, Jun. 22, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (1) shall enter into force on July 21, 2015.
ADDENDUM <Presidential Decree No. 26768, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27202, May 31, 2016>
This Decree shall enter into force on June 2, 2016: Provided, That the amended provisions of Articles 28 and 28-2 shall enter into force on June 23, 2016, and the amended provision of Article 13-2 shall enter into force on the date of its promulgation.