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ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BUSINESS ACT

Wholly Amended by Presidential Decree No. 20666, Feb. 29, 2008

Amended by Presidential Decree No. 20896, Jul. 3, 2008

Presidential Decree No. 20947, Jul. 29, 2008

Presidential Decree No. 21060, Oct. 1, 2008

Presidential Decree No. 22003, Jan. 27, 2010

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22424, Oct. 1, 2010

Presidential Decree No. 22605, Dec. 31, 2010

Presidential Decree No. 22616, Jan. 4, 2011

Presidential Decree No. 23293, Nov. 14, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23642, Feb. 28, 2012

Presidential Decree No. 24445, Mar. 23, 2013

Presidential Decree No. 24546, May 31, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25062, Jan. 7, 2014

Presidential Decree No. 25478, Jul. 16, 2014

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 25867, Dec. 23, 2014

Presidential Decree No. 26191, Apr. 14, 2015

Presidential Decree No. 26406, Jul. 20, 2015

Presidential Decree No. 26683, Nov. 30, 2015

Presidential Decree No. 27186, May 31, 2016

Presidential Decree No. 27322, Jul. 6, 2016

Presidential Decree No. 27412, Jul. 28, 2016

Presidential Decree No. 27750, Dec. 30, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27789, Jan. 17, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Telecommunications Business Act and matters necessary for the enforcement thereof.
 Article 2 (Details of Universal Service)
(1) Details of universal service provided under Article 4 (3) of the Telecommunications Business Act (hereinafter referred to as the "Act") shall be as follows:
1. Wire telephone services;
2. Telephone services for emergency communications;
3. Reduction of or exemption from charges for the disabled and the low-income bracket, etc.
(2) More details of universal service provided under paragraph (1) shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24546, May 31, 2013>
1. Wire telephone services: Any of the following telephone services among telephone services within an area (hereinafter referred to as "telephone service area") announced by the Minister of Science, ICT and Future Planning, in consideration of methods of use, conditions, etc.:
(a) Urban telephone services: Telephone services mediating communications using subscribed telephones (excluding island communications services provided under item (c); hereinafter the same shall apply);
(b) Urban public telephone services: Telephone services mediating communications using public telephones;
(c) Island communications services: Telephone services mediating communications by radio between the land and islands or between islands;
2. Telephone services for emergency communications: Any of the following telephone services for the maintenance of social order and the safety of human life:
(a) Telephone services of special numbers determined and announced by the Minister of Science, ICT and Future Planning among common telecommunications services;
(b) Radio telephone services of ships: Telephone services mediating communications between the land and ships or between ships, among common telecommunications services;
3. Reduction of or exemption from charges for the disabled and the low-income bracket, etc.: Any of the following services for the disabled and the low-income bracket, etc. for the improvement of social welfare:
(a) Urban telephone services and telephone services between telephone service areas (hereinafter referred to as "toll call services");
(b) Telephone number directory services, services incidental to urban telephone services and toll call services;
(c) Mobile telephone services, personal portable communications services, IMT 2000 services and LTE services among common telecommunications services;
(d) Internet subscriber connection services;
(e) Internet telephone services;
(f) Portable Internet services.
(3) Any of the following persons shall be eligible for the reduction of or exemption from rates prescribed in paragraph (2) 3: Provided, That the reduction of or exemption from charges for persons falling under subparagraph 8 or 9 shall be limited to mobile telephone services, personal portable communications services, IMT 2000 services, and LTE services: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24546, May 31, 2013; Presidential Decree No. 25062, Jan. 7, 2014; Presidential Decree No. 26683, Nov. 30, 2015>
1. A disabled person registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities or welfare facilities for the disabled and welfare organizations for the disabled prescribed in the same Act: Provided, That in cases of urban telephone services, toll call services, Internet subscriber connection services, and Internet telephone services, a household to which such disabled person belongs shall be eligible for such reduction or exemption;
2. Special schools prescribed in the Elementary and Secondary Education Act;
3. Children's welfare facilities prescribed in the Child Welfare Act;
4. A recipient of livelihood benefits referred to in Article 7 (1) 1 of the National Basic Living Security Act or a recipient of medical expenses referred to in subparagraph 3 of the same paragraph: Provided, That in cases of urban telephone services, toll call services and Internet subscriber connection services, referring to a household in which such recipient is included;
5. The Korea Disabled Veterans Organization and 4ㆍ19 Democratic Revolution Association under the Act on the Establishment of Associations by Persons, etc. of Distinguished Services to the State;
6. Soldiers and policemen injured in war, soldiers and policemen injured on duty, those injured in the 4ㆍ19 Revolution, public officials injured on duty, injured persons with special distinguished service to the development of the State and society, and those injured in the 6ㆍ18 Liberation, among persons who rendered distinguished services to the State under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State: Provided, That in cases of urban telephone services, toll call services, Internet subscriber connection services, and Internet telephone services, a household to which a relevant eligible person belongs shall be eligible for such reduction or exemption;
7. Those injured in the 5ㆍ18 Democratization Movement, among the persons of distinguished services to the 5ㆍ18 Democratization Movement under the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement: Provided, That in cases of urban telephone services, toll call services, Internet subscriber connection services, and Internet telephone services, a household to which a relevant eligible person belongs shall be eligible for such reduction or exemption;
8. Members of a family to which any of the following persons belongs from among the next needy class prescribed in subparagraph 10 of Article 2 of the National Basic Living Security Act. In such cases, the number of members of a family eligible for reduction or exemption per family shall be determined and announced by the Minister of Science, ICT and Future Planning:
(a) A person participating in a project necessary for self-support prescribed in Article 9 (5) of the National Basic Living Security Act;
(b) A patient with a rare and obstinate disease prescribed in subparagraph 3 (d) of attached Table 2 of the Enforcement Decree of the National Health Insurance Act, who is exempted from his/her sharing of costs;
(c) Deleted; <by Presidential Decree No. 25062, Jan. 7, 2014>
(d) Deleted; <by Presidential Decree No. 24546, May 31, 2013>
(e) A person who receives a disability allowance pursuant to Article 49 of the Welfare of Disabled Persons Act and a person who receives a child disability allowance pursuant to Article 50 (1) of the same Act;
(f) A person eligible for protection prescribed in Article 5 of the Single-Parent Family Support Act. In such cases, a person whose amount of income acknowledged is not more than 52 percent of the standard median income shall be included;
(g) A person who receives a disability pension pursuant to Article 10 of the Act on Pensions for Persons with Disabilities;
(h) A person who is registered as one belonging to the next needy class in the social security information system referred to in Article 37 (2) of the Framework Act on Social Security and who satisfies requirements determined and publicly announced by the Minister of Science, ICT and Future Planning;
9. A person who does not receive livelihood benefits referred to in Article 7 (1) 1 of the National Basic Living Security Act or medical benefits referred to in subparagraph 3 of the same paragraph, among recipients under the same Act (including the household members of a recipient of education benefits referred to in subparagraph 4 of the same paragraph). In such cases, the number of household members per household eligible for reduction or exemption shall be determined and publicly announced by the Minister of Science, ICT and Future Planning.
(4) An application for the reduction of or exemption from charges referred to in paragraph (2) 3 shall be filed by the following persons: <Newly Inserted by Presidential Decree No. 24546, May 31, 2013; Presidential Decree No. 26683, Nov. 30, 2015>
1. Where an application for the reduction of or exemption from charges is filed pursuant to the proviso to paragraph (3) 1, or the proviso to subparagraph 4 or the proviso to subparagraph 7 of the same paragraph: a person eligible for the reduction of or exemption or a householder among household members;
2. Deleted; <by Presidential Decree No. 26683, Nov. 30, 2015>
3. Where an application for the reduction of or exemption from charges, other than the reduction or exemption prescribed in subparagraph 1, is filed: a person eligible for the reduction or exemption (referring to each household member in cases falling under paragraph (3) 8 or 9).
(5) The criteria for the reduction or exemption for persons eligible for the reduction of or exemption from charges referred to in paragraph (2) 3 shall be determined and publicly announced by the Minister of Science, ICT and Future Planning, in consideration of the business scale, levels of service charges, etc. of a telecommunications business operator. <Newly Inserted by Presidential Decree No. 24546, May 31, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 3 (Designation of Telecommunications Business Operators Providing Universal Service)
(1) Where the Minister of Science, ICT and Future Planning intends to designate a telecommunications business operator (hereinafter referred to as a "business operator providing pervasive services") providing universal service pursuant to Article 4 (4) of the Act, he/she may designate such telecommunications business operator after hearing opinions from the relevant telecommunications business operator. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) In order to verify the current status of the provision of universal service, the Minister of Science, ICT and Future Planning may request the telecommunications business operator designated as a business operator providing pervasive services prescribed in paragraph (1) to submit data related to the actual results of the provision of pervasive services, the expenses incurred in providing them, etc. In such cases, the business operator providing pervasive services, in receipt of such request, shall comply therewith, except in extenuating circumstances. <Amended by Presidential Decree No. 25867, Dec. 23, 2014>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 4 (Compensation for Losses Incurred in Providing Universal Service)
(1) The Minister of Science, ICT and Future Planning may order telecommunications business operators other than business operators providing universal service share funds (hereinafter referred to as the "compensation for losses incurred in providing universal service") to compensate all or some of losses incurred by business operators providing universal service in providing universal service based on their sales. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) A business operator providing universal service who intends to be compensated for the loss incurred in providing universal service shall submit a report on the actual results of the provision of universal service, including expenses incurred, income and losses, etc. due to the provision of universal service to the Minister of Science, ICT and Future Planning, within three months after the end of the relevant fiscal year. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) When the Minister of Science, ICT and Future Planning deems it necessary to verify a report on the actual results of the provision of universal service under paragraph (2), he/she may request a specialized institution to examine such report. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 5 (Objects of Computation of Compensation for Losses Incurred from Universal Service)
(1) The scope of universal service subject to the computation of compensation for losses incurred from universal service shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Urban telephone services in the area where the expenses (expenses computed by the method publicly announced by the Minister of Science, ICT and Future Planning, taking into account the population density, number of lines, efficiency of operation of communications network, etc.) incurred in providing the services, among the urban telephone services referred to in Article 2 (2) 1 (a), exceed the income (including indirect conveniences, such as the effects of increased brand value, subscribers preference, etc. from provision of universal service; hereinafter the same shall apply in subparagraph 2 of this Article and Article 6 (1));
2. Urban public telephone services in the area where expenses incurred in providing services, among the urban public telephone services referred to in Article 2 (2) 1 (b), exceed the income;
3. Communications services in islands referred to in Article 2 (2) 1 (c);
4. Radio telephone services for vessels referred to in Article 2 (2) 2 (b).
(2) "Telecommunications business operator prescribed by Presidential Decree" in Article 4 (2) 1 of the Act means a value-added telecommunications business operator or regional radio paging business operator.
(3) "Amount prescribed by Presidential Decree" in Article 4 (2) 2 of the Act means 30 billion won.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 6 (Methods for Computation of Compensation of Losses Incurred from Universal Service, etc.)
(1) Losses incurred in providing universal service falling under any of the subparagraphs of Article 5 (1) shall be the amount left by subtracting income from expenses incurred in providing such service.
(2) A provisional compensation for losses incurred from universal service shall be computed by multiplying the amount computed pursuant to paragraph (1) by the rate of compensation for losses determined and publicly announced by the Minister of Science, ICT and Future Planning: Provided, That in cases of radio telephone services for ships under Article 5 (1) 4, the target amount of management efficiency determined and publicly announced by the Minister of Science, ICT and Future Planning shall be deemed a provisional compensation for losses incurred from universal service. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) Compensation for losses incurred from universal service shall be the amount left by subtracting the following amount from a provisional compensation for losses incurred from universal service computed pursuant to paragraph (2): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. An amount shared by a telecommunications business operator providing universal service falling under any of the subparagraphs of Article 5 (1) based on the sales of telecommunications services (excluding value-added telecommunications services) other than the relevant universal service;
2. An amount computed by the Minister of Science, ICT and Future Planning, taking into account the ability of a telecommunications business operator who shares compensation for losses incurred from universal service (hereinafter referred to as "business operator who shares losses").
(4) A business operator who shares losses shall share compensation for losses incurred from universal service computed pursuant to paragraph (3) in proportion to his/her sales of telecommunications services (excluding value-added telecommunications services).
(5) Other detailed matters necessary for the percentage of the reduction of or exemption from rates for telephone services for the disabled and the low-income bracket, etc. and methods, etc. for computing compensation for losses incurred from universal service shall be determined and publicly announced by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
CHAPTER II TELECOMMUNICATIONS BUSINESSES
 Article 7 Deleted. <by Presidential Decree No. 22424, Oct. 1, 2010>
 Article 8 (Scope of Premises)
The meanings of "premises prescribed by Presidential Decree" in Article 5 (3) 2 of the Act shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. One building;
2. One lot (limited to a lot owned by one person or two or more persons) and a building in such lot;
3. Two or more buildings occupied by one person and such building lots (limited to cases where the lineal distance between the buildings is less than 500 meters);
4. Buildings or lots and adjacent buildings or lots referred to in subparagraphs 1 through 3, which are areas announced by the Minister of Science, ICT and Future Planning.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 9 (Applications for Licenses, etc.)
(1) A person who intends to obtain a license under Article 6 (1) of the Act may file an application in the name of the representative of a corporation or the representative of stockholders, etc. of a corporation to be established. <Amended by Presidential Decree No. 22424, Oct. 1, 2010>
(2) The term "matters prescribed by Presidential Decree" in Article 6 (2) 4 of the Act means the following matters: <Amended by Presidential Decree No. 22424, Oct. 1, 2010; Presidential Decree No. 24445, Mar. 23, 2013>
1. Matters concerning the adequacy of investment plans to upgrade telecommunications equipment and facilities;
2. Matters concerning the stability and expertise of plans to provide telecommunications services;
3. Matters determined and publicly announced by the Minister of Science, ICT and Future Planning as equivalent to those under subparagraph 1 or 2.
 Article 10 (Documents, etc. to be Attached When Applying for Licenses)
(1) A person who intends to obtain a license to engage in common telecommunications business pursuant to Article 6 (1) of the Act shall submit an application for a license to engage in common telecommunications business to the Minister of Science, ICT and Future Planning along with the following documents: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The articles of association of a corporation (including a corporation to be incorporated; hereinafter the same shall apply in this Article);
2. A list of stockholders of a corporation or documents concerning the ownership of stocks, etc. of stockholders, etc. thereof;
3. A business plan.
(2) The Minister of Science, ICT and Future Planning in receipt of an application for a license pursuant to paragraph (1) shall confirm a certificate of registered matters of a corporation through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 11 Deleted. <by Presidential Decree No. 22424, Oct. 1, 2010>
 Article 12 (Issuance of Licenses, etc.)
(1) Where the Minister of Science, ICT and Future Planning grants permission for common telecommunications business pursuant to Article 6 (1) of the Act or grants permission for changes pursuant to Article 16 (1) of the Act, he/she shall enter the following matters in the register of permission for common telecommunications business operators and issue a license (including a license to execute changes) of a common telecommunications business operator: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A license number and the date of permission;
2. A trade name or title and the name of its representative;
3. Business area;
4. The seat of the main office;
5. Capital or the appraised value of assets;
6. Details of principal facilities for business and a place where they are installed;
7. Matters concerning technical human resources;
8. Conditions for permission.
(2) Where a common telecommunications business operator loses a license issued pursuant to paragraph (1) or a license is worn out, he/she may file an application for re-issuance of the license with the Minister of Science, ICT and Future Planning along with the grounds therefor. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 13 (Criteria for Examination of Public Interests, etc.)
(1) "Public interest prescribed by Presidential Decree" in the main sentence of Article 10 (1) of the Act means national security, public peace and the maintenance of order.
(2) "Important managerial matters prescribed by Presidential Decree, such as the appointment or dismissal of executive officers of the relevant basic telecommunications business operator and the transfer or acquisition of business" in Article 10 (1) 3 of the Act means the following:
1. Appointment or dismissal of a representative director of a basic telecommunications business operator, or of at least one third of the executive officers thereof;
2. Transfer or acquisition of basic telecommunications business;
3. A basic telecommunications business operator's launching of a new basic telecommunications business.
(3) "Cases prescribed by Presidential Decree" in Article 10 (1) 4 of the Act means any of the following cases: <Amended by Presidential Decree No. 25062, Jan. 7, 2014>
1. Where the management rights of a basic telecommunications business operator are actually changed because stockholders, other than the largest stockholder of the basic telecommunications business operator, have agreed to jointly exercise voting rights;
2. Where the management rights of a holding company (referring to a holding company prescribed in subparagraph 1-2 of Article 2 of the Monopoly Regulation and Fair Trade Act; hereinafter the same shall apply) of a basic telecommunications business operator are actually changed;
3. Where the management rights of a basic telecommunications business operator are actually changed, because the largest stockholder of a corporation which is the largest stockholder of the basic telecommunications business operator is changed;
4. Where the management rights of a basic telecommunications business operator are actually changed, because a person, other than a stockholder of the basic telecommunications business operator, has agreed to jointly exercise voting rights with a stockholder or a person actually holding the management rights of the basic telecommunications business operator.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 14 Deleted. <by Presidential Decree No. 25062, Jan. 7, 2014>
 Article 15 (Procedures for Examination of Public Interest, etc.)
(1) Any person who intends to make a report or make a request for examination pursuant to Article 10 (2) and (3) of the Act shall submit documents in which the following matters are entered to the Minister of Science, ICT and Future Planning: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The name and address of a reporting person or an applicant for examination (in cases of a corporation, the name and address of the corporation and the name and address of its representative);
2. The intent of and reasons for reporting or requesting an examination;
3. Detailed content of a fact falling under any of the subparagraphs of Article 10 (1) of the Act.
(2) Where the Minister of Science, ICT and Future Planning deems that the supplementation of submitted documents is required, he/she may request the supplementation thereof within an appropriate period fixed. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) Unless extenuating circumstances exist, the Public Interest Examination Committee (hereinafter referred to as the "Public Interest Examination Committee") under Article 10 (1) of the Act shall notify the Minister of Science, ICT and Future Planning of the results of examination on matters referred thereto, within three months from the date on which the Minister of Science, ICT and Future Planning refers matters thereto pursuant to Article 10 (4) of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning shall notify a reporting person or a requester for examination of the results of examination on the public interest under paragraph (3). <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 16 (Organization, etc. of Public Interest Examination Committee)
(1) "Relevant central administrative agencies prescribed by Presidential Decree" in the main body of Article 11 (2) of the Act means the following agencies: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25062, Jan. 7, 2014; Presidential Decree No. 25751, Nov. 19, 2014>
1. Ministry of Strategy and Finance;
2. Ministry of Foreign Affairs and Trade;
3. Ministry of Justice;
4. Ministry of National Defense;
5. Ministry of Government Administration and Home Affairs;
6. Ministry of Knowledge Economy;
7. Fair Trade Commission;
8. National Police Agency.
(2) The term of office of members shall be two years, and they may be reappointed: Provided, That the term of office of a member who is a public official shall be his/her period of service in a position.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 16-2 (Dismissal of Members of Public Interest Examination Committee)
The chairperson of the Public Interest Examination Committee may dismiss a Committee member commissioned pursuant to Article 11 (2) of the Act from office, if:
1. The member becomes incapable of performing his/her duties due to a mental disorder;
2. The member engages in misconduct in connection with his/her duties;
3. The member is deemed unsuitable as a member due to neglecting duties, loss of dignity, or any other reason;
4. The member voluntarily admits it is impracticable for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27789, Jan. 17, 2017]
 Article 17 (Operation, etc. of Public Interest Examination Committee)
(1) The chairperson of the Public Interest Examination Committee shall represent the Public Interest Examination Committee and preside over its affairs.
(2) If the chairperson is unable to perform his/her duties due to unavoidable circumstances, a member previously designated by the chairperson shall perform the duties of the chairperson on his/her behalf.
(3) The chairperson shall convene and preside over meetings of the Public Interest Examination Committee.
(4) The chairperson shall hold meetings of the Public Interest Examination Committee when a majority of the incumbent members attend meetings and pass resolutions by the consent of a majority of the members present.
(5) The Public Interest Examination Committee shall have one executive secretary in order to conduct its affairs, and he/she shall be designated by the chairperson from among the public officials belonging to the Ministry of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(6) In addition to matters provided for in paragraphs (1) through (5), matters necessary for the operation of the Public Interest Examination Committee shall be determined by the chairperson through its resolutions.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 18 (Imposition, Payment, etc. of Charges for Compelling Execution)
(1) When the Minister of Science, ICT and Future Planning determines the amount of a charge for compelling execution prescribed in Article 13 of the Act, he/she shall take into account grounds for non-execution of a corrective order and the value of benefits, etc. obtained as a result of non-execution of the corrective order. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) The date a corrective order issued under Article 13 (2) of the Act should be executed shall be as follows:
1. In cases of disposal of stocks: The date of issuance of stock certificates;
2. In cases of changes in the details of a contract: The date of conclusion of a changed contract;
3. In cases of the suspension of any act harming the public interest: The date the relevant act is suspended;
4. In cases of the fulfillment of conditions: The date the relevant conditions are fulfilled.
(3) Where the Minister of Science, ICT and Future Planning intends to impose a charge for compelling execution prescribed in Article 13 of the Act, he/she shall advise in writing by specifying the amount of such charge per day, grounds for the imposition thereof, a deadline for payment, an agency receiving payments, a method for raising an objection, and an agency that receives such objection, etc. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(4) A person notified pursuant to paragraph (3) shall pay a charge for compelling execution within 30 days from the date he/she receives such notification: Provided, That where he/she is unable to pay the charge for compelling execution within the period due to force majeure or other unavoidable circumstances, he/she shall pay such charge within 30 days from the date such reason disappears.
(5) Where a corrective order is not executed though 90 days have passed from the expiration date of the period set by the corrective order, the Minister of Science, ICT and Future Planning may collect a charge for compelling execution every 90 days computing from such expiration date. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(6) Article 49 shall apply mutatis mutandis to a request for the payment of a charge for compelling execution.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 19 (Permission for Changes)
(1) A person who intends to obtain permission for changes in telecommunications business prescribed in Article 16 (1) of the Act shall submit to the Minister of Science, ICT and Future Planning an application for permission for changes in common telecommunications business, along with documents by which it may verify a plan for change. <Amended by Presidential Decree No. 23642, Feb. 28, 2012; Presidential Decree No. 24445, Mar. 23, 2013>
(2) Matters necessary for judging standards for permission for changes, procedures and methods for filing an application therefor under Article 16 (1) of the Act shall be determined and publicly announced by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 23642, Feb. 28, 2012; Presidential Decree No. 24445, Mar. 23, 2013>
(3) Deleted. <by Presidential Decree No. 22424, Oct. 1, 2010>
(4) "Important matters prescribed by Presidential Decree" in Article 16 (1) of the Act means the following: <Amended by Presidential Decree No. 23642, Feb. 28, 2012; Presidential Decree No. 26191, Apr. 14, 2015>
1. Matters concerning changes in the details of common telecommunications business permitted pursuant to Article 6 (1) of the Act (including the resumption of business subject to the partial revocation of permission granted under the main sentence of Article 20 (1) of the Act);
2. Matters concerning the terms of permission granted under Article 6 (6) of the Act.
 Article 20 (Application for Authorization for Acquisition and Merger, etc.)
(1) A person who intends to obtain authorization to acquire all or part of the business of a common telecommunications business operator pursuant to Article 18 (1) 1 of the Act shall submit an application for authorization to acquire common telecommunications business to the Minister of Science, ICT and Future Planning, along with the following documents: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A copy of a contract for transfer or acquisition;
2. The articles of association of a transferor or a transferee, and evidential documents related to transfer or acquisition;
3. A list of stockholders of a transferee or documents concerning the ownership of stocks, etc. of stockholders, etc. thereof;
4. The current status of business operations of a transferor or a transferee;
5. A business plan subsequent to acquisition.
(2) A person who intends to obtain authorization for merger of a corporation that is a common telecommunications business pursuant to Article 18 (1) 2 of the Act, shall submit to the Minister of Science, ICT and Future Planning an application for authorization for the merger of common telecommunications business, along with the following documents: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A copy of a contract for merger;
2. The articles of association of the parties to merger and evidential documents related to the merger thereof;
3. A list of stockholders of a corporation that survives merger or a corporation incorporated in the course of a merger or documents concerning the ownership of stocks, etc. of stockholders, etc. thereof;
4. The current status of business operations of the parties to merger;
5. A business plan subsequent to merger.
(3) A common telecommunications business operator who intends to obtain authorization to sell telecommunications circuits and facilities pursuant to Article 18 (1) 3 of the Act shall submit to the Minister of Science, ICT and Future Planning an application for authorization to sell telecommunications circuits and facilities, along with the following documents: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A copy of a contract for sale or purchase of telecommunications circuits and facilities and evidential documents related thereto;
2. The articles of association of a seller or a purchaser and evidential documents related to sale and purchase;
3. A list of stockholders of a purchaser or documents concerning the ownership of stockholders, etc. thereof;
4. The current status of business operations of a seller or a purchaser;
5. A business plan subsequent to sale.
(4) A person who intends to own at least 15/100 of the total number of issued stocks of a common telecommunications business operator, or to be the largest stockholder of a common telecommunications business operator pursuant to Article 18 (1) 4 of the Act, shall submit to the Minister of Science, ICT and Future Planning an application for authorization for the ownership of stocks (the largest stockholder) of common telecommunications business, along with the following documents: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Documents evidencing the acquisition of stocks, such as a copy of a contract for acquisition of the stocks;
2. The articles of association of a purchaser of stocks or a person who intends to be the largest stockholder, and the other company;
3. The current status of stockholders of a purchaser of stocks or a person who intends to be the largest stockholder, and the other company;
4. The current status of business operations of a purchaser of stocks or a person who intends to be the largest stockholders, and the other company;
5. Purposes of and grounds for acquiring stocks, and analysis of impacts from the acquisition of stocks;
6. A plan for serving concurrently as an executive officer (only applicable where a person plans to serve concurrently as an executive officer of the other company);
7. A business plan formulated after the acquisition of stocks (only applicable where a person intends to be the largest stockholder).
(5) A person who intends to obtain authorization for the acquisition of stocks or the conclusion of an agreement pursuant to Article 18 (1) 5 of the Act shall submit an application for authorization to the Minister of Science, ICT and Future Planning, along with the following documents: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Documents evidencing conduct to control the management rights, such as a copy of a contract for the acquisition of stocks or a copy of an agreement;
2. The articles of association of the purchaser of stocks or the party to an agreement and the other company;
3. The current status of stockholders of a purchaser of stocks or the party to an agreement and the other company;
4. The current status of business operations of a purchaser of stocks or the party to an agreement and the other company;
5. Objectives of and grounds for the acquisition of stocks or the conclusion of an agreement and analysis of impacts thereof;
6. A plan for serving concurrently as an executive officer (only applicable where a person plans to serve concurrently as an executive officer of the other company);
7. A business plan after the acquisition of stocks or the conclusion of an agreement.
(6) "Cases prescribed by Presidential Decree" in Article 18 (1) 5 of the Act means any of the following cases:
1. Where the same person intends to actually exercise the largest stockholder's voting rights of a common telecommunications business operator by acquiring stocks issued by the largest stockholder (including those issued by persons with special relations with the largest stockholder) solely or jointly with persons who have special relations with him/her;
2. Where a person intends to acquire stocks in excess of voting rights of the largest stockholder of a common telecommunications business operator jointly with persons (including persons who have special relations with him/her) who have the same object to control the management of the common telecommunications business operator;
3. Where a person intends to actually control the management rights of a common telecommunications business operator through leasing business, delegation of management or other agreements similar thereto with the common telecommunications business operator or the largest stockholder thereof;
4. Where a person intends to jointly exercise voting rights in excess of the voting rights of the largest stockholder of a common telecommunications business operator by concluding an agreement with other stockholders other than the largest stockholder of the common telecommunications business operator;
(7) A common telecommunications business operator who intends to obtain authorization to incorporate a corporation to provide some common telecommunications services he/she has provided with permission pursuant to Article 18 (1) 6 of the Act shall submit to the Minister of Science, ICT and Future Planning an application for authorization to incorporate a corporation to provide common telecommunications services, along with the following documents: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The articles of association of a corporation to be incorporated;
2. A list of stockholders of a corporation to be incorporated or documents concerning the ownership of stocks, etc. thereof;
3. The current status of business operations of services he/she intends to provide (only applicable to a common telecommunications business operator who is providing services that he/she intends to provide through a newly incorporated corporation);
4. A business plan of a corporation to be incorporated.
(8) Applications for authorization granted under paragraphs (1) through (5) and (7) and documents referred to in each subparagraph of the same paragraphs may be submitted in the electronic form.
(9) The Minister of Science, ICT and Future Planning, in receipt of an application for authorization for acquisition, merger, sale, change of the largest stockholder, the acquisition of stocks, the conclusion of an agreement or incorporation of a corporation pursuant to paragraphs (1) through (7), shall verify a certified transcript of registered matters of a corporation of the party to acquisition by transfer, merger, sale, change of the largest stockholder, the acquisition of stocks, the conclusion of an agreement or the incorporation of a corporation through the joint use of data matching prescribed in Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(10) Where the Minister of Science, ICT and Future Planning grants authorization for acquisition, merger, or the incorporation of a corporation prescribed in paragraph (1), (2) or (7), he/she shall issue a license to engage in common telecommunications business. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(11) Where the impact on competition in common telecommunications business is insignificant as referred to in the proviso to the main body of Article 18 (2) and (11) of the Act shall be respectively cases where a person falling under any subparagraph of Article 18 (1) of the Act (excluding persons who fall under subparagraphs 3 and 6 of Article 18 of the Act and the common telecommunications business operators designated and publicly announced under Article 39 (3); hereafter referred to as an "acquirer, amalgamator, etc." in this Article) falls under any of the following cases by engaging in conduct referred to in any subparagraph of Article 18 (1) of the Act (excluding acts referred to in subparagraphs 3 and 6 of Article 18 of the Act; hereafter referred to as "acquisition, merger, etc." in this paragraph) against a common telecommunications business operator whose sales turnover in telecommunications business during the immediately preceding year does not exceed ten billion won. <Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015>
1. Where any of the following relationship (hereinafter referred to as "dominance relation) is not established by the relevant acquisition, merger, etc.:
(a) Where the shareholding ratio of the acquirer, amalgamator, etc. is at least 50/100 (including shares; hereafter the same shall apply in this paragraph);
(b) Where the shareholding ratio of the acquirer, amalgamator, etc. is less than 50/100, in any of the following cases:
(i) Where the acquirer, amalgamator, etc. is the largest shareholder and, based upon the degree of dispersion, is able to excercise control over the company by exercising the shareholder's right;
(ii) Where the acquirer, amalgamator, etc. supplies at least 50% of raw materials and is a market-dominating enterpriser defined in subparagraph 7 of Article 2 of the Monopoly Regulation and Fair Trade Act in the field of production of raw materials;
2. Where the acquirer, amalgamator, etc. acquires common telecommunications business of a common telecommunications business operator in which the dominance relation has already been established;
3. Where the acquirer, amalgamator, etc. merges a corporation, which is a common telecommunications business operator, in which the dominance relation has already been established.
(12) Under the proviso to the main body of Article 18 (2) and (11) of the Act, the Minister of Science, ICT and Future Planning may grant authorization to a person falling under paragraph (11) after examining only the appropriateness of the measures for protection of users prescribed in Article 18 (2) 4 of the Act, following consultations with the Fair Trade Commission as prescribed in Article 18 (6) of the Act. <Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 21 (Standard for Major Telecommunications Line Equipment and Facilities)
The term "major telecommunications line equipment and facilities prescribed by Presidential Decree" in the proviso to the part other than the subparagraphs of Article 18 (1) of the Act means the exchange facilities, transmission facilities and line facilities under Article 3 (1) 8 through 10 of the Regulations on Technical Standards for Broadcasting Communications Equipment and Facilities, the total sale value of which exceeds five billion won. <Amended by Presidential Decree No. 22424, Oct. 1, 2010; Presidential Decree No. 22616, Jan. 4, 2011>
 Article 22 (Reporting on Sale of Telecommunications Links and Facilities)
A person who intends to report the sale of telecommunications links and facilities pursuant to the proviso to the part other than the subparagraphs of Article 18 (1) of the Act shall submit to the Minister of Science, ICT and Future Planning a report (including a report in an electronic form) on sale of telecommunications links and facilities, along with the following documents (including electronic documents); <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Evidential documents related to sale, such as a copy of a contract for sale of telecommunications links and facilities;
2. Types, details and the selling price of equipment and facilities to be sold;
3. A plan for providing services and protection of users after sale.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 23 Deleted. <by Presidential Decree No. 22424, Oct. 1, 2010>
 Article 24 (Application for Approval for Suspension, etc. of Business)
(1) A person who intends to obtain approval for the suspension or closure of business pursuant to Article 19 (1) of the Act shall submit the following documents to the Minister of Science, ICT and Future Planning by no later than 60 days before the scheduled date of such suspension or closure: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Details of his/her business intended to be suspended or closed, and a map of his/her business area;
2. Documents stating the details of the major telecommunications equipment and facilities relating to his/her business subject to suspension or closure;
3. A license (only applicable to the closure of the whole business);
4. A statement giving the ground;
5. Documents concerning the notification of a fact of suspension or closure;
6. Documents in which a plan for the protection of users following suspension or closure is included.
(2) “Document prescribed by Presidential Decree, such as the details of business and a map of area of business intended to be suspended or closed" in Article 19 (3) 1 of the Act means documents referred to in subparagraphs of paragraph (1). <Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 25 (Guidelines and Procedures, etc. for Cancellation of Permission, etc.)
(1) "Period longer than that prescribed by Presidential Decree" in Article 20 (1) 4-2 of the Act means six months. <Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015>
(2) Guidelines for disposition for the cancellation of permission, cancellation of registration, closure or suspension of business prescribed in Articles 20 (2) and 27 (3) of the Act shall be as specified in attached Table1. <Amended by Presidential Decree No. 23642, Feb. 28, 2012>
(3) Where the Minister of Science, ICT and Future Planning has made the disposition for the cancellation of permission, cancellation of registration, closure or suspension of business prescribed in paragraph (2), he/she shall announce such fact without delay, and inform the relevant telecommunications business operator thereof in writing. <Amended by Presidential Decree No. 23642, Feb. 28, 2012; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26191, Apr. 14, 2015>
 Article 26 (Application for Registration)
(1) A person who intends to register special category telecommunications business pursuant to Article 21 (1) of the Act shall submit to the Minister of Science, ICT and Future Planning an application for registration (including electronic documents) of a special category telecommunications business operator, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A plan for operation of special category telecommunication business;
2. The articles of association of a corporation (including a corporation to be incorporated; hereinafter the same shall apply in this Article);
3. Details of principal facilities for business, a place where they are installed, and a schematic diagram of telecommunications networks;
4. Terms and conditions of use, including details related to the protection of users, the current status of the establishment of a consumer protection organization and a plan for operation;
(2) The Minister of Science, ICT and Future Planning in receipt of an application for registration pursuant to paragraph (1) shall confirm a certificate of registered matters of a corporation and national technical qualification certificates of its technical human resources through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant does not consent to the confirmation of a national technical qualification certificate, he/she shall be ordered to attach a copy of such document to an application for registration. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 27 (Issuance of Certificates of Registration, etc.)
(1) The Minister of Science, ICT and Future Planning in receipt of an application for registration pursuant to Article 26 (1) shall ascertain whether such application meets the requirements for registration under Article 28, and then enter the following matters in the register of special category telecommunications business operators, and issue a certificate of registration of a special category telecommunications business operator to an applicant within 30 days from the date of application for registration: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The registration number and the date of registration;
2. The trade name or title, and the name of its representative;
3. The seat of the main office;
4. Capital;
5. Types of services to be provided;
6. Details of principal facilities for business and a place where they are installed;
7. Matters concerning technical human resources;
8. Terms of registration.
(2) Where the Minister of Science, ICT and Future Planning deems that supplementation of or revision to an application for registration under Article 26 is required, he/she may request such supplementation or revision within a period fixed not exceeding seven days, and where an applicant requests such supplementation or revision, he/she may extend the period for supplementation or revision. In such cases, the period required for supplementation or revision shall not be included in the period for processing referred to in paragraph (1). <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) Where a special category telecommunications business operator loses a certificate of registration issued pursuant to paragraph (1) or it is worn out, he/she may request the Minister of Science, ICT and Future Planning to reissue such certificate. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 28 (Requirements for Registration of Special Category Telecommunications Business)
Requirements for the registration of special category telecommunications business under Article 21 (5) of the Act shall be as specified in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 29 (Procedures for Reporting Value-Added Telecommunications Business, etc.)
(1) A person who intends to report value-added telecommunications business pursuant to the forepart of Article 22 (1) of the Act shall submit a report (including a report in an electronic form) of value-added telecommunications business to the Minister of Science, ICT and Future Planning, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A schematic diagram of telecommunications networks (only applicable to cases where the Minister of Science, ICT and Future Planning requests him/her to submit such schematic diagram because he/she deems it necessary to report new special value-added telecommunications services);
2. A detailed statement on the formulation of measures for the protection of personal information (only applicable to cases where he/she deals with personal information).
(2) A person who intends to register special value-added telecommunications business pursuant to Article 22 (2) of the Act shall submit an application for registration of a special value-added telecommunications business operator (including an application therefor in an electronic form) to the Minister of Science, ICT and Future Planning along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The articles of association (only applicable to a corporation, and including a corporation to be incorporated);
2. Documents that may prove that he/she meets the requirements for registration referred to in the subparagraphs of Article 22 (2) of the Act.
(3) The Minister of Science, ICT and Future Planning in receipt of a report under paragraph (1) or an application for registration under paragraph (2) shall confirm a certificate of registered matters of a corporation through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(4) Where there is any defect in the details of a report on value-added telecommunications business under paragraph (1) or an application for registration of a special value-added telecommunications business operator under paragraph (2) or accompanying documents are incomplete, the Minister of Science, ICT and Future Planning may request a reporter or applicant to supplement such report or application within a period fixed not exceeding ten days, and where a reporter or applicant requests it to extend the period for supplementation, he/she may extend the period for supplementation. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(5) When the Minister of Science, ICT and Future Planning receives a report on value-added telecommunications business under paragraphs (1), he/she shall issue a certificate of report on value-added telecommunications business to a reporter. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(6) When the Minister of Science, ICT and Future Planning receives an application for registration pursuant to paragraph (2), he/she shall confirm whether such application meets the requirements for registration under paragraph (9), enter the following in the register of special value-added telecommunications business operators and issue a certificate of registration of a special value-added telecommunications business operator to the applicant therefor within 30 days from the date of application: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The registration number and the date of registration;
2. A trade name or title, and the name of the representative thereof;
3. The seat of the main office;
4. Capital;
5. Kinds of services to be provided;
6. Details of main facilities for business and a place where they are installed;
7. Terms of registration.
(7) Where a value-added telecommunications business operator loses a certificate of a report issued pursuant to paragraph (5) or a certificate of registration issued pursuant to paragraph (6) or it is worn out, he/she may request the Minister of Science, ICT and Future Planning to reissue it. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(8) "Matters prescribed by Presidential Decree, including a business plan, etc." in Article 22 (2) 4 of the Act means a business plan and a plan for the protection of users.
(9) Requirements for registration of a special value-added telecommunications business operator under Article 22 (2) of the Act shall be as specified in attached Table 2-2.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 30 (Exemption from Reporting Value-Added Telecommunications Business Operators)
(1) "Small value-added telecommunications business operator who meets standards prescribed by Presidential Decree" in Article 22 (4) 1 of the Act means a value-added telecommunications business operator who provides value-added telecommunications services via the Internet and whose capital is not more than 100 million won. <Amended by Presidential Decree No. 26191, Apr. 14, 2015>
(2) Where a value-added telecommunications business operator exempted from reporting pursuant to paragraph (1) has capital exceeding 100 million won, he/she shall report thereon to the Minister of Science, ICT and Future Planning pursuant to Article 22 (1) of the Act within one month from the date such ground arises. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26191, Apr. 14, 2015>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 30-2 (Disqualifications for Registration)
"Investor prescribed by Presidential Decree" in Article 22-2 of the Act means any of the following persons:
1. Where a person in question has the largest share of stocks by totaling stocks, etc. owned by him/her and persons who have special relations with him/her who fall under any of the subparagraphs of Article 8 of the Enforcement Decree of the Financial Investment Services and Capital Markets Act by his/her reckoning of stocks in whose name they may be, on the basis of issued stocks with voting rights or equity stakes (hereinafter referred to as "stocks, etc." in this Article) of the relevant corporation, such person in question;
2. Any person who owns at lest ten percent of stocks, etc. of the relevant corporation by his/her reckoning of stocks in whose name they may be, or a person who falls under any of the subparagraphs of Article 9 of the Enforcement Decree of the Financial Investment Services and Capital Markets Act, who is a stockholder exercising his/her influence over key managerial matters of such corporation by means of the appointment or dismissal of executive officers, etc.
[This Article Newly Inserted by Presidential Decree No. 23293, Nov. 14, 2011]
 Article 30-3 (Technical Measures, etc. to Prevent Dissemination of Unlawful Information with Obscene Contents)
(1) "Technical measures prescribed by Presidential Decree" in Article 22-3 (1) 2 of the Act means all of the following measures: <Amended by Presidential Decree No. 27186, May 31, 2016>
1. Measures through which a person who provides services falling under subparagraph 13 (a) of Article 2 of the Act among persons who are registered for special value-added telecommunications business prescribed in Article 22 (2) of the Act (hereafter referred to as "business operator" in this Article) is able to detect that the relevant information is the unlawful information prescribed in Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter referred to as "unlawful information with obscene content") by comparing titles, characteristics, etc. of information;
2. Measures through which a business operator restricts users from the search, transmission, or receipt of unlawful information with obscene contents that he/she has detected under subparagraph 1 to prevent the dissemination thereof;
3. Measures through which a business operator restricts users from the search, transmission, or receipt of unlawful information with obscene contents, when he/she finds out the circulation of the relevant information after failing to detect the unlawful information with obscene content notwithstanding the measures referred to in subparagraph 1;
4. Measures through which a business operator sends a warning note on prohibition, etc. against the dissemination of unlawful information with obscene content to the transmitter of such information.
(2) "Period prescribed by Presidential Decree" in Article 22-3 (3) means two years.
[This Article Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015]
 Article 30-4 (Reports on and Disclosure of Value-Added Telecommunications Services)
(1) A telecommunications business operator who intends to report the fees for value-added telecommunications services prescribed in subparagraph 13 (b) of Article 2 of the Act or to report any change thereof to the Minister of Science, ICT and Future Planning pursuant to the main sentence of Article 22-4 (1) of the Act, shall submit data classified as follows:
1. Reports on fees: The fees and their calculation basis;
2. Reports on change of fees: Details of the change of the fees, and grounds therefor.
(2) A telecommunications business operator who intends to disclose fees or details of change on which a report has been made under Article 22-4 (1) of the Act, as prescribed in paragraph (2) of the same Article, shall post the fees or the details of the change made to the fees on the Web-site of the relevant business operator.
[This Article Newly Inserted by Presidential Decree No. 27412, Jul. 28, 2016]
 Article 31 (Modification of Registered or Reported Matters)
(1) "Matters prescribed by Presidential Decree" in Article 23 of the Act means the following:
1. A trade name, title and address;
2. Representative;
3. Types of services to be provided;
4. Capital (only applicable to a special category telecommunications business operator);
5. Technical human resources (only applicable to a special category telecommunications business operator);
6. Terms and conditions of use (only applicable to a special category telecommunications business operator who has entered into an agreement with a common telecommunications business operator providing telecommunications services by using the assigned frequency pursuant to the Radio Waves Act);
7. Matters concerning changes in the details of special category telecommunications business or value-added telecommunications business under Article 21 (1) and the forepart of Article 22 (1) or paragraph (2) of the same Article of the Act (including the resumption of business subject to the partial cancellation of registration or the partial discontinuance of business under the main sentence of Article 27 (1) of the Act and the main sentence of Article 27 (2) of the Act).
(2) Where any person intends to change matters falling under any of the subparagraphs of paragraph (1), he/she shall submit an application for registration of changes in special category telecommunications business, a report on changes in value-added telecommunication business or an application for registration of changes in special value-added telecommunications business (including an application or a report prepared in an electronic form) to the Minister of Science, ICT and Future Planning along with documents (including electronic documents) that may confirm changed matters. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) Where the Minister of Science, ICT and Future Planning received an application for modification of registration or a report on modification and has registered or accepted such modification pursuant to paragraph (2), he/she shall issue a certificate of registration or a certificate of report in which modified matters have been entered. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning in receipt of an application for modification of registration or a report on modification pursuant to paragraph (2) shall confirm a certificate of registered matters of a corporation or a business registration certificate through the common use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where a reporter does not consent to the confirmation of a business registration certificate, he/she shall have him/her attach such certificate. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 32 (Reports on Transfer of Business, etc.)
(1) A person who intends to report the transfer or acquisition of special category telecommunications business or value-added telecommunications business pursuant to Article 24 of the Act shall submit a report on transfer or acquisition (including a report prepared in an electronic form) to the Minister of Science, ICT and Future Planning within 30 days from the date on which he/she enters into a contract for transfer or acquisition, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A copy of a contract for transfer or acquisition;
2. Documents provided for in each subparagraph of Article 26 (1) or 29 (1) and (2);
3. A certificate of registration or a certificate of report.
(2) A person who intends to report the merger of a corporation that is a special category telecommunications business operator or a value-added telecommunications business operator shall submit a report on merger (including a report prepared in an electronic form) to the Minister of Science, ICT and Future Planning within 30 days from the date he/she enters into a contract for merger, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A copy of a contract for merger;
2. Documents referred to in the subparagraphs of Article 26 (1) or 29 (1) and (2);
3. A certificate of registration or a certificate of report.
(3) A person who intends to report the inheritance of value-added telecommunications business pursuant to Article 24 of the Act shall submit a report on inheritance (including a report prepared in an electronic form) to the Minister of Science, ICT and Future Planning within 30 days from the date the cause of such inheritance arises, along with documents (including electronic documents) proving that he/she is an inheritor/inheritress. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning in receipt a report pursuant to paragraphs (1) through (3) shall confirm a certificate of registered matters of a corporation of a transferee or the party to merger (referring to a corporation that survives or a corporation newly incorporated) and national technical qualification certificates of its technical human resources or a certificate on records of family relations of an inheritor/inheritress through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where a reporter does not consent to such confirmation, he/she shall have him/her attach the relevant documents (referring to a copy of a national technical qualification certificate or a certificate on records of family relations) to the report. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(5) When the Minister of Science, ICT and Future Planning receives a report on the transfer, acquisition or merger of special category telecommunications business or value-added telecommunications business pursuant to paragraph (1) or (2), he/she shall issue a certificate of registration of a special category telecommunications business operator, a certificate of a report on value-added telecommunications business, or a certificate of registration of a special value-added telecommunications business operator. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 33 (Reports on Suspension or Disclosure of Business, etc.)
(1) A person who intends to report the suspension or discontinuance of special category telecommunications business or value-added telecommunications business pursuant to Article 26 (1) of the Act shall submit to the Minister of Science, ICT and Future Planning a report on the suspension or discontinuance of the special category telecommunications business or value-added telecommunications business (including a report prepared in an electronic form), along with documents (including electronic documents) proving that he/she has notified users of the suspension or discontinuance of such business by no later than 15 days before a scheduled date of such suspension or discontinuance: Provided, That where it may confirm information on attached documents through the joint use of administrative information under Article 36 (1) of the Electronic Government Act, such confirmation may take the place of attached documents. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) A person who intends to report the dissolution of a corporate special category telecommunications business operator or a corporate value-added telecommunications business operator pursuant to Article 26 (2) of the Act shall submit, without delay, a report on corporate dissolution (including a report prepared in an electronic form) to the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
CHAPTER III TELECOMMUNICATIONS SERVICES
 Article 34 (Authorization for Terms and Conditions of Use)
(1) Services which require a common telecommunications business operator to obtain authorization for the terms and conditions of use (including authorization for amendment) pursuant to the main sentence of Article 28 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24546, May 31, 2013>
1. Common telecommunications services determined and publicly announced by the Minister of Science, ICT and Future Planning in consideration of the market size, the number of users, the conditions of competition, etc., from among telecommunications services provided by a common telecommunications business operator who has the largest market share based on the turnover of the preceding year in a unit market demarcated pursuant to Article 38;
2. Where a common telecommunications business operator that provides service referred to in subparagraph 1 has consummated a business combination under Article 12 (1) 1 or 4 of the Monopoly Regulation and Fair Trade Act with another common telecommunications business operator, service referred to in subparagraph 1 provided by such another common telecommunications business operator.
(2) The Minister of Science, ICT and Future Planning shall designate and publicly announce common telecommunication business operators and services falling under paragraph (1) by December 31 every year: Provided, That in cases of common telecommunications business operators and services falling under paragraph (1) 2, he/she shall designate and publicly announce them without delay after the date of reporting a business combination under the same subparagraph. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) A common telecommunications business operator who intends to modify insignificant matters determined by the Minister of Science, ICT and Future Planning may report such modifications to the Minister of Science, ICT and Future Planning, notwithstanding paragraph (1) on the authorization for modification of the terms and conditions of use. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 35 (Application for Authorization for Terms and Conditions of Use)
A person who intends to make a report (including a report on modification) on the terms and conditions of use concerning telecommunications services pursuant to Article 28 (1) of the Act or the proviso to paragraph (2) of the same Article (2), or to obtain authorization (including authorization for modification) pursuant to the main sentence of Article 28 (2) of the Act, shall submit the terms and conditions of use in which the following matters are included to the Minister of Science, ICT and Future Planning, along with evidentiary data for the calculation of charges under Article 28 (4) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Types and details of telecommunications services;
2. An area to which telecommunications services are provided;
3. Charges for telecommunications services, including fees and actual costs;
4. Matters necessary for the responsibilities of telecommunications business operators and users;
5. Other matters necessary for the provision or use of the relevant telecommunications services.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 36 (Objects of Reduction of or Exemption from Charges)
Telecommunications services for which charges may be reduced and exempted pursuant to Article 29 of the Act shall be as follows:
1. Telecommunications services for communications concerning the saving of human life and property from danger and disaster or for communications of victims of disaster;
2. Where dedicated line communications of an agency exclusively responsible for affairs concerning military affairs, public peace and order or national security and part of an independent communications network of the State, a local government or public institution under the Act on the Management of Public Institutions are integrated into a telecommunications network of a basic telecommunications business operator, telecommunications services for all or some of dedicated line communications used by such agency;
3. Telecommunications services for communications necessary for military operations in wartime;
4. Telecommunications services for newspapers under the Act on the Promotion of Newspapers, Etc., news communications under the Act on Promotion of News Communications, and communications for reporting of broadcast stations under the Broadcasting Act;
5. Telecommunications services for communications necessary for the promotion of utilization and diffusion of information communications;
6. Telecommunications services for communications of persons who require protection to promote social welfare;
7. Telecommunications services for communications necessary for the promotion of exchange and cooperation between South and North Korea;
8. Telecommunications services for communications especially necessary for management of postal services.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 37 (Provision of Transmission and Line Facilities, etc.)
A general wire broadcasting business operator, transmission network business operator or relay wire broadcasting business operator under the Broadcasting Act may provide a basic telecommunications business operator with transmission and line facilities or wire broadcasting facilities (hereinafter referred to as "transmission and line facilities, etc.") by means of any of the followings pursuant to Article 31 (1) of the Act:
1. Sale or lease of transmission and line facilities, etc.;
2. Entrusted provision of telephone call or telephone exchange services by using transmission and line facilities, etc.;
3. Methods discussed and determined by and between a general wire broadcasting business operator, transmission network business operator or relay wire broadcasting business operator and a basic telecommunications business operator, which apply correspondingly to subparagraphs 1 and 2.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 37-2 (Persons, etc. subject to Appraisal of Affairs Related to Protection of Users)
(1) In appraising the affairs related to telecommunications business operators' protection of users under Article 32 (2) of the Act, the Korea Communications Commission shall select persons to be appraised, taking the following matters into consideration comprehensively:
1. Number of users of each telecommunications service of the telecommunications business operators;
2. Frequency of occurrence of users' dissatisfaction;
3. Frequency of occurrence of the acts which undermine users' interests, such as the acts prohibited under Article 50 (1) of the Act.
(2) The Korea Communications Commission shall appraise the affairs related to telecommunications business operators' protection of users referred to in paragraph (1) each year, in accordance with the following appraisal standard:
1. Adequacy of management systems for protection of users;
2. Actual records of compliance with related Acts and subordinate statutes;
3. Actual records of activities for prevention of damage to users;
4. Actual records of handling users' opinions or dissatisfaction;
5. Other matters concerning protection of users.
(3) The Korea Communications Commission may notify in writing an appraisal plan containing the schedule, items, etc. of appraisal to the persons to be appraised under paragraph (1) at least 10 days prior to the appraisal and order them to submit necessary data.
(4) The Korea Communications Commission shall notify respective persons subject to appraisal of the appraisal results of the affairs related to their protection of users and reflect them in the promotion of related policies.
[This Article Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015]
 Article 37-3 (Persons Required to Submit Copies of Contracts and Procedures for Submission)
(1) "Telecommunications business operator prescribed by Presidential Decree" in Article 32 (3) of the Act means a telecommunications business operator who provides common telecommunications services: Provided, That telecommunications business operators who serve contracts directly on users in accordance with the terms and conditions of use shall be excluded herefrom.
(2) A telecommunications business operator under the main sentence of paragraph (1) shall send a copy of a contract by any of the following means selected by the user, within one month from the date the contract is executed: Provided, That where a user has not selected the method of delivery, it shall be sent in the manner prescribed in subparagraph 1:
1. Mail or facsimile;
2. Notice served through an information and communication network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter referred to as "information and communications network"), including electronic mail.
[This Article Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015]
 Article 37-4 (Prepaid Calling Services and Subscription to Guarantee Insurance Policies)
(1) A common telecommunications business operator who intends to engage in business providing telecommunications services on a prepaid basis (hereinafter referred to as "prepaid calling services") pursuant to the main sentence of Article 32 (4) of the Act shall submit the following data to the Minister of Science, ICT and Future Planning: Provided, That in cases of a special category telecommunications business operator, he/she shall submit it to the Director General of the Central Radio Management Office: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26191, Apr. 14, 2015>
1. A copy of a guarantee insurance policy;
2. Data on the total amount of charges for prepaid calling services (hereinafter referred to as "amount of prepaid calling credit issued") in the relevant year;
3. Data on methods for using prepaid calling services;
4. Other data determined and publicly announced by the Minister of Science, ICT and Future Planning, such as guidelines for handling affairs for prepaid calling services and consumer protection.
(2) Each telecommunications business operator who intends to provide prepaid calling services prescribed in paragraph (1) shall observe the following guidelines: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. He/she shall provide prepaid calling services within the insurance period of a guarantee insurance policy;
2. In order to provide additional prepaid calling services during the insurance period of a guarantee insurance, he/she shall provide prepaid calling services within the amount of prepaid calling credit issued actually used;
3. Where he/she intends to change the total amount of prepaid calling credit issued, he/she shall renew a guarantee insurance contract by no later than 30 days before he/she changes such amount. In such cases, he/she shall submit a copy of the relevant renewed guarantee insurance policy to the Minister of Science, ICT and Future Planning or the Director General of the Central Radio Management Office within seven days after such renewal;
4. Where he/she intends to continue to provide services after the period for coverage of a guarantee insurance expires, he/she shall renew the guarantee insurance contract by no later than 30 days before the period of coverage expires. In such cases, he/she shall submit data determined by the Minister of Science, ICT and Future Planning, including balance sheets, etc. to the Minister of Science, ICT and Future Planning or the Director General of the Central Radio Management Office within seven days after such renewal;
5. He/she shall take measures necessary to enable users of prepaid calling services to easily understand matters falling under paragraph (1) 3 and 4.
(3) "Amount calculated according to standards set by Presidential Decree" in the main sentence of Article 32 (4) of the Act means an amount calculated according to standards publicly announced by the Minister of Science, ICT and Future Planning, in consideration of capital holdings of a prepaid calling service provider, the amount of prepaid calling credit issued, etc. exceeding 50/100 of the total amount of prepaid calling credit issued. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26191, Apr. 14, 2015>
(4) "Cases prescribed by Presidential Decree" in the proviso to Article 32 (4) of the Act means any of the following cases: <Amended by Presidential Decree No. 26191, Apr. 14, 2015>
1. Where the average annual sales of telecommunications services provided by a telecommunications business operator during the last three years exceed 30 billion won;
2. Where the total amount of prepaid calling credit issued is not more than 10/100 of the sales of telecommunications services provided by a telecommunications business operator in the preceding year;
3. Where prepaid calling services have not been suspended or discontinued during the last three years.
(5) Where the insured receives insurance proceeds, he/she shall pay such proceeds to users within 60 days after the date of receipt pursuant to Article 32 (5) of the Act. In such cases, if the amount payable exceeds proceeds, he/she may pay them to users by dividing them proportionally based on the amount of a loss. <Amended by Presidential Decree No. 26191, Apr. 14, 2015>
(6) In addition to matters provided for in paragraphs (2) and (5), guidelines, procedures and methods for dealing with affairs related to a guarantee insurance and insurance proceeds shall be determined and publicly announced by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 37-5 (Details of Notification of Procedures for Raising Objections and Methods Thereof)
(1) A telecommunications business operator, in receipt of an order to suspend the provision of telecommunications services from the Minister of Science, ICT and Future Planning under Article 32-3 (1) of the Act, shall notify the following matters to the user of the relevant telecommunications services provided under Article 32-3 (2) of the Act: <Amended by Presidential Decree No. 27322, Jul. 6, 2016; Presidential Decree No. 27412, Jul. 28, 2016>
1. Administrative agency requesting the suspension of the relevant telecommunications services, department in charge, and telephone number;
2. Grounds for suspending the relevant telecommunications services;
3. Period and procedures for raising an objection, classified as follows:
(a) Where a request for suspension of services is received under Article 32-3 (1) 1 of the Act: Period and procedures for raising an objection prescribed in Article 6-5 (2) of the Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users;
(b) Where a request for suspension of services is received under Article 32-3 (1) 2 of the Act: Period and procedures for raising an objection prescribed in Article 10-2 (1) of the Enforcement Decree of the Special Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss;
(c) Where a request for suspension of services is received under Article 32-3 (1) 3 of the Act: Period and procedures for raising an objection prescribed in Article 6-2 (1) of the Enforcement Decree of the Electronic Financial Transactions Act.
(2) In accordance with Article 32-3 (3) of the Act, a telecommunications business operator shall notify the procedures for raising objections prescribed in paragraph (1) to the user of the relevant telecommunication services by any of the following means:
1. Mail or facsimile;
2. Electronic mail;
3. Telephone or text message.
[This Article Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015]
 Article 37-6 (Verification of Principal when Entering into Contracts)
(1) "Telecommunications business operator prescribed by Presidential Decree" in Article 32-4 (2) of the Act means a telecommunications business operator who provides mobile communications services defined in subparagraph 1 of Article 2 of the Mobile Device Distribution Improvement Act.
(2) A mobile communications business operator under paragraph (1) shall verify that the counterparty to a contract is the principal, through any of the following certificates and documents submitted by the counterparty (including legal representatives; hereafter the same shall apply in this Article) under Article 32-4 (3) and (4). In such cases, where any contract is entered into through an information communications network, such verification may be used in lieu of the verification made through a certified digital signature defined in subparagraph 3 of Article 2 of the Digital Signature Act:
1. An individual person: Resident registration certificate, driver's license, registration certificate of the disabled, certificate of a person of distinguished service to the State, certificate of a person of distinguished service to independence, certificate of a person of distinguished service to the May 18 democratization movement, or passport of the Republic of Korea;
2. A corporation: Business registration certificate or certificate of identification number;
3. An unincorporated organization: Certificate of identification number;
4. A foreigner or a Korean citizen residing abroad: Alien registration certificate, resident registration certificate, certificate of a report on domestic place of residence, or passport.
(3) A telecommunications business operator under paragraph (1) shall verify the authenticity of the certificates and documents referred to in paragraph (2) through an illegal subscription prevention system referred to in subparagraphs of Article 32-5 (1) of the Act (hereinafter referred to as "illegal subscription prevention system").
(4) Notwithstanding paragraphs (2) and (3), where the counterparty to a contract is unable to submit any certificate of a document prescribed in subparagraphs of paragraph (2) or it is impracticable to verify the authenticity of a certificate or document prescribed in subparagraphs of paragraph (2) through an illegal subscription prevention system, a telecommunications business operator under paragraph (1) shall verify that the counterparty to the contract is the principal by means of a certificate, etc. prescribed by the relevant telecommunications business operator in the terms and conditions of the use as a certificate or document corresponding to that prescribed in subparagraphs of paragraph (2).
[This Article Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015]
 Article 37-7 (Outsourcing of Affairs Related to Establishment of Illegal Subscription Prevention System)
(1) The Minister of Science, ICT and Future Planning shall outsource the affairs related to the establishment, operation, etc. of the illegal subscription prevention system to the Korea Association for ICT Promotion incorporated under Article 15 of the Framework Act on Broadcasting Communications Development (hereinafter referred to as the "Korea Association for ICT Promotion") under Article 32-5 (3).
(2) The Minister of Science, ICT and Future Planning may subsidize the expenses incurred in performing the affairs outsourced under paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015]
 Article 37-8 (Methods of and Procedures for Block of Media Products, etc. Harmful to Juveniles)
(1) Under Article 32-7 (1) of the Act, a telecommunications business operator who enters into a contract with a juvenile for the provision of telecommunications services shall provide means, such as software, to block media products harmful to juveniles defined in subparagraph 3 of Article 2 of the Juvenile Protection Act and information with an obscene content (hereinafter referred to as "media products, etc. harmful to juveniles") from the mobile communications terminal of the relevant juvenile, in order to block the relevant juvenile's access to such media products, etc. harmful to juveniles through telecommunications services.
(2) The provision of means of blocking media products under paragraph (1) shall comply with the following procedures:
1. At the time of concluding a contract:
(a) Notification of the types and details, etc. of means of blocking to a juvenile and his/her legal representative;
(b) Verification as to whether the means of blocking have been installed;
2. After concluding a contract: Where the means of blocking are deleted or means of blocking fail to operate for at least 15 days, such fact shall be notified to the legal representative every month.
[This Article Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015]
CHAPTER IV PROMOTION, ETC. OF COMPETITION BETWEEN TELECOMMUNICATIONS BUSINESSES
 Article 38 (Criteria, Procedures and Methods for Evaluation of Competition, etc.)
(1) Where the Minister of Science, ICT and Future Planning demarcates a unit market to appraise the conditions of competition prescribed in Article 34 (2) of the Act, he/she shall take all the following matters into consideration: <Amended by Presidential Decree No. 24546, May 31, 2013>
1. Substitutability of demand or substitutability of supply of services;
2. The geographical range for providing services;
3. Transaction stages for providing services, such as retail (referring to a transaction between a telecommunications business operator and the end users of services provided by such telecommunications business operator), wholesale (referring to a transaction providing other telecommunications business operators with telecommunications facilities installed to provide retail services), etc.;
4. Traits of users, such as differences in purchasing power and bargaining power or peculiarity of demand.
(2) The Korea Communications Commission shall conduct an evaluation of competition intended for a unit market demarcated pursuant to paragraph (1), comprehensively taking all of the following matters into consideration:
1. Market structure, such as a market share and barriers to entry;
2. Countermeasures of users, such as easiness of collecting information on the use of services and easiness of changing a service provider;
3. Acts of a telecommunications business operator, such as the degree of competition in charges or quality, and degree of technical innovation;
4. Market performance, such as the level of charges or quality, and the size of excess profits of a telecommunications business operator.
(3) Where the Minister of Science, ICT and Future Planning deems it necessary to conduct an evaluation of competition, he/she may hear opinions of the relevant experts and interested persons. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 39 (Standards for Common Telecommunications Business Operators, etc.)
(1) "Common telecommunications business operator who meets standards prescribed by Presidential Decree" in Articles 35 (2) 3, 39 (3) 2, 41 (3) 2 and 42 (3) 2 of the Act means a common telecommunications business operator determined and publicly announced for each service by the Minister of Science, ICT and Future Planning in consideration of the market size, the number of users, the conditions of competition, etc., from among common telecommunications business operators whose market share based on the turnover of the preceding year exceeds 50 percent in a unit market demarcated pursuant to Article 38. <Amended by Presidential Decree No. 24546, May 31, 2013>
(2) A facility management agency under Article 35 (2) 3 of the Act means a facility management agency which has facilities, etc. (hereinafter referred to as "facilities, etc.") under Article 35 (1) of the Act, or sales realized by providing facilities, etc. in the preceding year exceeding standards publicly announced by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) The Minister of Science, ICT and Future Planning shall designate and publicly announce common telecommunications business operators falling under Articles 35 (2) 1 and 3, 39 (3), 41 (3) and 42 (3) of the Act and facility management agencies falling under Article 35 (2) 3 of the Act by December 31 every year. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 39-2 (Procedures for Installation of Apparatus, such as Equipment and Facilities)
(1) When a telecommunications business operator who is provided with equipment and facilities by entering into a contract referred to in Article 35 (1) of the Act pursuant to the forepart of Article 35 (4) of the Act (hereafter referred to as "using business operator" in this Article) intends to install any apparatus enhancing the efficiency of the relevant equipment and facilities, he/she shall notify to the common telecommunications business operator or the facility management authority (hereafter referred to as "providing business operator" in this Article) of the following matters, by no later than one day before the scheduled date of the installation of the apparatus:
1. The types, specifications and quantity of the apparatus;
2. Place where the apparatus is to be installed and the period during which the apparatus will remain installed;
3. Other necessary matters in connection with the installation of the apparatus.
(2) Any using business operator who has installed any apparatus pursuant to paragraph (1) shall remove the apparatus within 30 days from the termination date of the contract referred to in Article 35 (1) of the Act or the termination date of the period during which it has remained installed.
(3) Where the period for notification and matters to be notified for the installation of apparatus, or the period, etc. for the removal of apparatus are separately determined through consultations between a using business operator and a providing business operator, such agreement shall apply notwithstanding paragraphs (1) and (2).
[This Article Newly Inserted by Presidential Decree No. 26406, Jul. 20, 2015]
 Article 39-3 Deleted. <by Presidential Decree No. 27186, May 31, 2016>
 Article 39-4 (Composition and Operation of Council for Maintenance of Aerial Cables)
(1) The Council for Maintenance of Aerial Cables referred to in the latter part of Article 35-2 (2) of the Act (hereafter referred to as the "Maintenance Council" in this Article and Article 39-5) shall be comprised of not more than 15 members, including one chairperson.
(2) The Second Vice Minister of the Ministry of Science, ICT and Future Planning shall be the chairperson of the Maintenance Council (hereafter referred to as "chairperson" in this Article and Article 39-5), and the members of the Maintenance Council (hereafter referred to as "members" in this Article) shall be appointed or commissioned by the Minister of Science, ICT and Future Planning from among the following persons:
1. A public official in general service belonging to the Senior Civil Service Corps of the Ministry of Science, ICT and Future Planning;
2. Public officials in general service belonging to the Senior Civil Service Corps of the Ministry of Trade, Industry and Energy and the Ministry of Land, Infrastructure and Transport, appointed respectively by the heads of the agencies to which they belong;
3. Public officials of Grade III or higher belonging to a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province, appointed respectively by the heads of the agencies to which they belong;
4. Persons with extensive expertise and experience in the maintenance of aerial cables, among persons belonging to telecommunications business operators, facility management institutions, or organizations related to the maintenance of aerial cables;
5. Other persons with extensive expertise and experience in urban beautification and maintenance of aerial cables.
(3) The term of office of the members referred to in paragraph (2) 4 and 5 shall be three years, and the consecutive appointment may be permitted only once.
(4) The chairperson shall represent the Maintenance Council and exercise the overall control of its affairs: Provided, That if the chairperson is unable to perform his/her duties in any extenuating circumstance, a member predesignated by the chairperson shall act on behalf of the chairperson.
(5) Except as expressly provided for in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the Maintenance Council shall be prescribed by the chairperson, following resolution of the maintenance commission.
[This Article Newly Inserted by Presidential Decree No. 26406, Jul. 20, 2015]
 Article 39-5 (Functions of Maintenance Commission)
(1) The Maintenance Council shall deliberate on the following matters:
1. Matters concerning the basic direction-setting and policies for the maintenance of aerial cables;
2. Matters concerning the mid- and long-term plans for the maintenance of aerial cables;
3. Matters concerning the formulation of an annual maintenance plan for aerial cables (referring to the maintenance plan for aerial cables referred to in Article 35-2 (2) of the Act; hereinafter referred to as "maintenance plan");
4. Matters concerning the improvement of the maintenance system of aerial cables;
5. Matters concerning the inspection and evaluation of status of promoting the maintenance of aerial cables;
6. Other matters that the chairperson deems necessary and refers to the deliberation for the efficient promotion of the maintenance of aerial cables.
(2) Where necessary to deliberate on the matters set forth in the subparagraphs of paragraph (1), the Maintenance Council may hear opinions of the heads of central administrative agencies, heads of local governments, telecommunications business operators, facility maintenance institutions, experts, etc. related to the relevant matter.
[This Article Newly Inserted by Presidential Decree No. 26406, Jul. 20, 2015]
 Article 39-6 (Sharing Expenses for Maintenance of Aerial Cables)
A telecommunications business operator and a facility management institution shall bear expenses incurred in relation to maintenance of equipment and facilities of its own, among the expenses incurred to implement the maintenance plan pursuant to Article 35-2 (3) of the Act.
[This Article Newly Inserted by Presidential Decree No. 26406, Jul. 20, 2015]
 Article 39-7 (Standards for Compulsory Services Provided for Wholesale)
(1) "Telecommunications services provided by a common telecommunications business operator meeting standards set by Presidential Decree" in the latter part of Article 38 (2) of the Act means common telecommunications services determined and publicly announced by the Minister of Science, ICT and Future Planning in consideration of the market size, the number of users, the conditions of competition, etc., from among telecommunications business services provided by an operator who has the largest market share based on the turnover of the preceding year in a unit market demarcated pursuant to Article 38. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24546, May 31, 2013>
(2) The Minister of Science, ICT and Future Planning shall determine and publicly announce telecommunications services provided by a common telecommunications business operator prescribed in paragraph (1) by December 31 every year. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 40 (Reporting on Agreements on Interconnection, etc.)
(1) Any person who intends to make a report, report on modification or report on cancellation of the conclusion of an agreement on the provision of wholesale service, the provision, common utilization, interconnection or common use of facilities, etc. or the provision of information, or to obtain authorization, authorization for modification or authorization for cancellation thereof pursuant to Articles 38 (5) and 44 (1) through (3) shall submit the following documents to the Minister of Science, ICT and Future Planning: Provided, That in cases of a report on cancellation or authorization for cancellation, he/she shall submit documents referred to in subparagraphs 1 and 6 only: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26191, Apr. 14, 2015>
1. A copy of an agreement;
2. Documents in which the amount that the party to an agreement should pay or receive and a method of settlement of accounts thereof and a method of the execution of an agreement are entered;
3. Documents in which the conditions of the provision of wholesale service, the provision, common utilization, interconnection or common use of facilities, etc. or the provision of information, and other expenses incurred in relation to an agreement are specified;
4. Drawings indicating the summary (including an access network diagram, locations of access points, etc.) of the provision of wholesale service, the provision, common utilization, interconnection or common use of facilities, etc. or the provision of information;
5. Documents comparing a new agreement with a former agreement (only applicable to cases where he/she applies for modification of a report or modification of authorization);
6. Documents proving a fact of cancellation (including electronic documents).
(2) When the Minister of Science, ICT and Future Planning receives documents prescribed in paragraph (1), he/she shall examine whether the details thereof meet standards for the provision of equipment and facilities, common utilization, the provision of wholesale service, interconnection or common use, or the provision of information prescribed in Article 35 (3), 37 (3), 38 (4), 39 (2), 41 (2) or 42 (2) of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) A common telecommunications business operator who has obtained authorization for the conclusion of an agreement, authorization for modification thereof or authorization for the cancellation thereof pursuant to Article 44 (2) of the Act or who has filed a report on the conclusion of an agreement, a report on modification thereof or a report on the cancellation thereof pursuant to Article 44 (3) of the Act shall announce the details thereof on the Internet Website of the relevant business operator. <Amended by Presidential Decree No. 26191, Apr. 14, 2015>
(4) When the Minister of Science, ICT and Future Planning receives documents prescribed in paragraph (1) pursuant to Article 65 (3) of the Act, he/she shall examine whether the details thereof meet standards prescribed in Article 35 (3) of the Act and independent telecommunications equipment and facilities provided have been installed for the applicant's own use for telecommunications. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 40-2 (Application for Adjudication)
(1) A person who intends to apply for adjudication pursuant to Article 45 (1) of the Act shall submit an application for adjudication to the Korea Communications Commission, along with the following documents: Provided, That he/she shall submit documents under subparagraph 3 only in cases of an application for adjudication under Article 45 (1) 3 of the Act:
1. Documents on the summary of an application for adjudication;
2. Documents related to the progress of consultation between the relevant parties;
3. Documents provided for in the subparagraphs of Article 40 (1).
(2) Where the Korea Communications Commission finds that an application falls under any of the following as a result of the examination of the application and attached documents under paragraph (1), it may request an applicant to supplement documents within an appropriate period fixed:
1. Where accompanying documents are incomplete;
2. Where matters to be mentioned in an application and accompanying documents are unclear.
(3) Where an applicant fails to supplement application documents by the deadline under paragraph (2), the Korea Communications Commission shall return them with a clear statement as to such grounds.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 40-3 (Award)
(1) The Korea Communications Commission shall make adjudication in writing.
(2) The Korea Communications Commission shall state the main text and the grounds therefor, and the date of adjudication in an award under paragraph (1), and serve the relevant parties with the award after its chairperson and members attending a meeting affix their signs and signatures.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 40-4 (Provision of Information on Standards for Telecommunications Services)
(1) Telecommunications services subject to the provision of information on standards referred to in Article 42 (5) of the Act shall be as follows:
1. Voice and video call services (including voice call service through LTE communications networks);
2. Short and multimedia message services (including short and multimedia message services based on the Internet protocol multimedia system);
3. Emergency calling service;
4. Caller ID display service, caller ID restriction service, call forwarding service, call hold service, and call waiting service;
5. Other telecommunications services, for which information on standards is necessary for the manufacturing, import, distribution or sales of communications terminal devices under Article 42 (5) of the Act, which are determined and publicly announced by the Minister of Science, ICT and Future Planning.
(2) A request for the provision of information on standards for telecommunications services under Article 42 (5) of the Act (hereafter referred to as "standards information" in this Article) shall be made by a document stating the following matters:
1. The name (referring to the name of a relevant corporation, in cases of corporations) and address of a person who requests the provision of standards information;
2. The scope, purpose of use, and provision timing of standards information.
(3) A common telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall provide the requested standards information within seven days from the date on which he/she receives a request under paragraph (2): Provided, That in extenuating circumstances, he/she may provide the information within 30 days from the date of receipt of such request, informing the requester of a reason for delay in advance.
(4) Standards information shall be provided in compliance with a method agreed upon and determined by the relevant parties, such as online transmission and sending a booklet.
[This Article Newly Inserted by Presidential Decree No. 25062, Jan. 7, 2014]
 Article 41 (Reporting of Prohibited Acts, etc.)
(1) If it is recognized that a prohibited act (hereinafter referred to as "prohibited act") under Article 50 (1) of the Act has been committed, any person may report such fact to the Korea Communications Commission and request it to take measures falling under any of the subparagraphs of Article 52 (1) of the Act.
(2) A person who intends to make a report under paragraph (1) shall submit documents in which the followings are stated to the Korea Communications Commission:
1. The name (the name of a corporation and name of the representative in cases of a corporation) and address of a reporter;
2. The trade name or title (the name of the representative in cases of a corporation) and address of a person reported;
3. Details of a prohibited act;
4. Measures necessary for correction of a prohibited act.
(3) Where the Korea Communications Commission deems that it is necessary to supplement reporting documents submitted pursuant to paragraph (2), it may request a reporter to supplement such documents within an appropriate period fixed.
(4) Detailed matters necessary for procedures and methods for dealing with a violation of a prohibited act, such as reporting and supplementation of documents under the provisions of paragraphs (1) through (3), shall be determined and publicly announced by the Korea Communications Commission.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 42 (Types of and Standards for Prohibited Acts)
(1) Types of and standards for prohibited acts under Article 50 (3) of the Act shall be as specified in attached Table 3.
(2) Where the Korea Communications Commission deems it necessary to apply to specific telecommunications areas or specific prohibited acts, it may set and publicly announce detailed standards for types of and standards for prohibited acts under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 43 Deleted. <by Presidential Decree No. 22424, Oct. 1, 2010>
 Article 44 (Measures against Prohibited Acts, etc.)
"Matters prescribed by Presidential Decree" in Article 52 (1) 11 of the Act means the following matters:
1. Submitting an implementation plan for the execution of measures under Article 52 (1) 1 through 10 of the Act;
2. Reporting the results of the execution of measures under Article 52 (1) 1 through 10 of the Act;
3. Keeping related data necessary for measures under Article 52 (1) 8 of the Act and notifying a fact of harm to users.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 44-2 (Methods of Issuing Public Notice of Corrective Order)
Details of public notice of a corrective order given under Article 52 (1) 7 of the Act and matters necessary for the methods of issuing such notice shall be determined and publicly announced by the Korea Communications Commission.
[This Article Newly Inserted by Presidential Decree No. 22424, Oct. 1, 2010]
 Article 45 (Period for Execution of Corrective Orders)
A period during which a telecommunications business operator should execute a corrective order issued by the Korea Communications Commission pursuant to Article 52 (2) of the Act shall be as specified in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 45-2 (Standards, Procedures, etc. for Issuance of Orders to Suspend Part of Business)
(1) The standards for the issuance of orders to suspend part of business prescribed in Article 52 (5) of the Act shall be as specified in attached Table 5-2.
(2) Upon issuing an order to suspend part of business prescribed in Article 52 (5) of the Act, the Korea Communications Commission shall notify the relevant telecommunications business operator of such fact in writing without delay, and publicly announce such fact.
[This Article Newly Inserted by Presidential Decree No. 27412, Jul. 28, 2016]
 Article 45-3 (Imposition, etc. of Charges for Compelling Compliance)
(1) The sales amount referred to in Article 52-2 (1) of the Act shall be the sales amount of services directly or indirectly affected by a violation committed in violation of Article 50 (1) of the Act during the period the relevant violation has been committed by the relevant telecommunications business operator (hereinafter referred to as "relevant sales amount").
(2) Where a person in receipt of an imposition disposition of a charge for compelling compliance prescribed in Article 52-2 (1) intends to raise an objection to the imposition disposition, he/she shall do so within 30 days from the date the notification of the imposition disposition of the charge for compelling compliance is received.
(3) Article 49 shall apply mutatis mutandis to the procedures for demanding a charge for compelling compliance. In such cases, "penalty surcharge in arrears" shall be deemed "charge for compelling compliance in arrears."
(4) Except as expressly provided for in paragraphs (1) through (3), matters necessary for the calculation of the relevant sales amount and the imposition of a charge for compelling compliance shall be determined and publicly announced by the Korea Communications Commission.
[This Article Newly Inserted by Presidential Decree No. 27412, Jul. 28, 2016]
 Article 46 (Violations Subject to Penalty Surcharges and Amount of Penalty Surcharges, etc.)
(1) The maximum amount of the imposition and standards for the calculation of penalty surcharges for each type of violations on which a penalty surcharge is imposed pursuant to Article 53 (1) of the Act shall be as specified in attached Table 6.
(2) The maximum amount of the imposition and standards for the calculation of penalty surcharges for each type of violations on which a penalty surcharge is imposed pursuant to Article 53 (2) of the Act shall be as specified in attached Table 7.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 47 (Methods of and Procedures for Calculating Penalty Surcharges)
(1) "Sales prescribed by Presidential Decree" in the forepart of the main sentence of Article 53 (1) of the Act means the average annual sales of telecommunications services related to a prohibited act of the relevant telecommunication business operator during the immediately preceding three business years, and "sales prescribed by Presidential Decree" in Article 53 (2) of the Act means the average annual sales of telecommunications services related to the violation of accounting during the immediately preceding three business years: Provided, That where three years have not passed after he/she commenced a business as of the first day of the relevant business year, it means the amount of sales by the end of the preceding business year after commencing such business, which has been converted into the average annual sales, and where he/she commences a business in the relevant business year, it means the amount of sales realized from the date of commencing a business until the date he/she commits a violation, which has been converted into the average annual sales.
(2) "Cases prescribed by Presidential Decree" in the proviso to Article 53 (1) of the Act means any of the following cases:
1. Where a telecommunications business operator fails to commence business or has no business performance due to the suspension of business, etc.;
2. Where it is impracticable to calculate the objective sales.
(3) Where necessary to calculate sales amount referred to in the forepart of Article 53 (1) of the Act, the Korea Communications Commission may request the relevant telecommunications business operator to submit data on accounting and current business state, fixing a period not exceeding 20 days. <Newly Inserted by Presidential Decree No. 27412, Jul. 28, 2016>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 48 (Imposition and Payment of Penalty Surcharges)
(1) Where the Minister of Science, ICT and Future Planning or the Korea Communications Commission intends to impose a penalty surcharge pursuant to Article 53 of the Act, he/she or it shall inspect and confirm the relevant violation and notify a person subject to imposition of a penalty surcharge in writing, by specifying a violation, the amount imposed, a method for raising an objection, a period for raising an objection, etc., and requesting him/her to pay such penalty surcharge. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) A person notified pursuant to paragraph (1) shall pay a penalty surcharge to a financial institution, etc. designated by the Minister of Science, ICT and Future Planning or the Korea Communications Commission within 20 days from the date of receipt of such notification: Provided, That where he/she is unable to pay a penalty surcharge within that period due to force majeure or other unavoidable reasons, he/she shall pay the penalty surcharge within seven days from the date on which such reasons disappear. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) A financial institution, etc. to which a penalty surcharge pursuant to paragraph (2) has been paid, shall issue a receipt to a person who paid such penalty surcharge.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 49 (Demand for Payment of Penalty Surcharges)
(1) A demand for payment under Article 53 (6) of the Act shall be made in writing within 7 days after the deadline for payment has passed.
(2) Where a letter of demand is issued pursuant to paragraph (1), the deadline for payment of a penalty surcharge in arrears shall be within 10 days from the date of issuance.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 50 (Services Subject to Preselection Systems)
The term "telecommunications services prescribed by Presidential Decree" in the latter part of Article 57 (1) of the Act means toll call services. <Amended by Presidential Decree No. 22424, Oct. 1, 2010>
 Article 50-2 (Provision of Directory Assistance Service)
(1) A telecommunications business operator who provides directory assistance service pursuant to Article 60 (1) of the Act may provide the following information: <Amended by Presidential Decree No. 24546, May 31, 2013>
1. The name or trade name of a user;
2. The telephone number of a user;
3. The address of a user, stating the unit of an Eup/Myeon/Dong, or the road name address of a user referred to in subparagraphs 1 through 4 of Article 3 of the Enforcement Decree of the Road Name Address Act: Provided, That in cases of a user who subscribes as a trade name, his/her address shall be the address, stating the unit of an Eup/Myeon/Dong/Ri and a lot number (including a building name, a block number and a unit number) or a road name address referred to in subparagraphs 1 through 7 of Article 3 of the Enforcement Decree of the Road Name Address Act).
(2) When a telecommunications business operator obtains a user's consent to directory assistance service, he/she shall obtain the user's consent by means that he/she may check whether a person is the person himself/herself and verify a fact of consent after the fact, such as his/her autograph or electronic signature.
(3) A user may withdraw the consent under paragraph (2) at any time, and a telecommunications business operator shall promptly take necessary measures lest directory assistance service for a user who has withdrawn his/her consent should be provided: Provided, That where directory assistance service is provided in a book form, this shall not apply where a user indicates his/her intention of withdrawal from his/her consent 30 days prior to the date of the next publication thereof.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51 (Specialized Institutions, etc. for Sharing Unique Identification Numbers)
(1) A specialized institution designated to efficiently share the unique international identification numbers (hereinafter referred to as "unique identification number") of communications terminal devices under Article 60-2 (2) of the Act shall establish an integrated management center for unique identification numbers and conduct the following affairs:
1. Establishment and management of the information system for sharing the unique identification numbers of communications terminal devices reported for reasons of loss or theft, etc. (hereinafter referred to as "reported device") between telecommunications business operators who provide telecommunications services using a frequency assigned under the Radio Waves Act (hereinafter referred to as "integrated management system for unique identification numbers");
2. Provision of information and support for inquiries to intercept the use of reported devices;
3. Support for sharing unique identification numbers with foreign governments, etc.
(2) A telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall immediately register the unique identification number of a reported device in the integrated management system for unique identification numbers, and if a reporter requests the termination of such device, he/she shall delete the registered information thereof immediately.
(3) A telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall confirm whether a reported device has connected a communications network through the integrated management system for unique identification numbers, and shall intercept the provision of telecommunications services for the reported device.
(4) The Minister of Science, ICT and Future Planning may subsidize expenses
incurred in establishing and operating the integrated management center for unique identification numbers referred to in paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 25062, Jan. 7, 2014]
CHAPTER V TELECOMMUNICATIONS EQUIPMENT AND FACILITIES
 Article 51-2 (Reporting of and Approval for Installation of Telecommunications Equipment and Facilities)
(1) A common telecommunications business operator who intends to install or change important telecommunications equipment and facilities pursuant to the main sentence of Article 62 (1) of the Act shall submit a report on the installation or a report on changes of important telecommunications equipment and facilities (including a report in an electronic form) to the Minister of Science, ICT and Future Planning, along with the following information (including electronic documents): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Specifications of the installation or change of telecommunications equipment and facilities (including a schematic diagram of a communications network);
2. Measures for security of telecommunications equipment and facilities.
(2) A common telecommunications business operator who intends to obtain approval for the installation of telecommunications equipment and facilities to be installed pursuant to the proviso to Article 62 (1) of the Act shall submit an application (including an application in an electronic form) for approval for the installation of telecommunications equipment and facilities to the Minister of Science, ICT and Future Planning, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A business plan;
2. Measures for security of telecommunications equipment and facilities;
3. Technical trends of the relevant telecommunications equipment and facilities, such as national and international standards;
4. The current status of research and development of the relevant telecommunications equipment and facilities in Korea and overseas;
5. An agreement (only applicable to cases of the joint installation or use with other domestic or foreign business operators).
(3) Where the Minister of Science, ICT and Future Planning receives an application under paragraph (2), he/she shall examine the following matters and notify an applicant within 15 days whether he/she grants approval: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The feasibility of a business plan;
2. Appropriateness of measures for security of telecommunications equipment and facilities;
3. Compatibility with domestic and overseas technical standards;
4. The legality of an agreement.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51-3 (Research for Joint Installation of Telecommunications Equipment and Facilities)
(1) "Common telecommunications business operators who meet the criteria prescribed by Presidential Decree" in Article 63 (2) of the Act means common telecommunications business operators who provide both the urban telephone services referred to in Article 2 (2) 3 (a) and Internet subscriber connection services referred to in Article 2 (2) 3 (d) together.
(2) Common telecommunications business operators, other than common telecommunications business operators prescribed in paragraph (1), may participate in the council referred to in Article 63 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 26191, Apr. 14, 2015]
 Article 51-4 Deleted. <by Presidential Decree No. 26191, Apr. 14, 2015>
 Article 51-5 (Recommendation for Joint Installation of Telecommunications Equipment and Facilities)
(1) Where the Minister of Science, ICT and Future Planning recommends common telecommunications business operators to jointly install telecommunications equipment and facilities pursuant to Article 63 (6) of the Act, he/she shall recommend the joint installation thereof to them with specified telecommunications equipment and facilities subject to joint installation, areas, sections, timing, technical conditions, etc. therefor. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26191, Apr. 14, 2015>
(2) A common telecommunications business operator who requests the joint installation of telecommunications equipment and facilities pursuant to Article 63 (6) 1 of the Act shall submit documents in which the following matters are included to the Minister of Science, ICT and Future Planning: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26191, Apr. 14, 2015>
1. A plan for the joint installation of telecommunications equipment and facilities;
2. Economic effects following the joint installation of telecommunications equipment and facilities;
3. Grounds for a failure to reach an agreement with common telecommunications business operators subject to the joint telecommunications equipment and facilities, and the solutions thereto.
(3) A common telecommunications business operator recommended to install joint telecommunications equipment and facilities by the Minister of Science, ICT and Future Planning shall notify the Minister of Science, ICT and Future Planning as to whether he/she accepts such recommendation, and a ground why he/she cannot accept such recommendation where he/she cannot accept such recommendation, within 21 days from the date he/she receives such recommendation. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51-6 (Reporting of Private Telecommunications Equipment and Facilities)
(1) A person who intends to install private telecommunications equipment and facilities pursuant to Article 64 of the Act shall submit a report (including a report in an electronic form) on the installation of private telecommunications equipment and facilities in which the following matters are stated to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the location of the office in which main equipment and facilities are installed, along with the specifications and drawings for the installation work of independent telecommunications equipment and facilities, by no later than 21 days prior to the date of commencement of the installation work of the relevant equipment and facilities: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27186, May 31, 2016>
1. A reporter;
2. A type of business;
3. Purposes of installation;
4. A mode of telecommunications;
5. A place where the relevant equipment and facilities are installed;
6. An outline of the relevant equipment and facilities;
7. The date of operation or the scheduled date of operation of the relevant equipment and facilities.
(2) "Important matters prescribed by Presidential Decree" in the latter part of Article 64 (1) of the Act means matters provided for in paragraph (1) 2 through 6.
(3) Where a person who has reported the installation of private telecommunications equipment and facilities intends to change matters prescribed in paragraph (2), he/she shall submit a report on changes (including a report in an electronic form) in which changed matters are stated to the competent Mayor/Do Governor, along with the specifications and drawings (including a table of comparison before and after changes) for the installation work of private telecommunications equipment and facilities on changed matters by no later than 21 days prior to the date of commencement of such changes (where he/she intends to change matters referred to in paragraph (1) 4 through 6, the date of commencement of such change work). <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27186, May 31, 2016>
(4) When a Mayor/Do Governor receives a report on installation prescribed in paragraph (1) or a report on the change of installation prescribed in paragraph (3), he/she shall examine the following matters: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27186, May 31, 2016>
1. Whether such installation or such change of installation meets technical standards prescribed in Article 28 (1) of the Framework Act on Broadcasting Communications Development;
2. Whether the objectives of and grounds for the installation of telecommunications equipment and facilities lie in using them for a reporter's own telecommunications.
(5) Where a Mayor/Do Governor finds, as a result of an examination administered under paragraph (4), that such installation or such change of installation meets requirements under the same subparagraphs of the same paragraph, he/she shall issue a certificate of a report on the installation or a certificate of a report on changes of private telecommunications equipment and facilities to a reporter. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27186, May 31, 2016>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51-7 (Verification of Installation Work, etc.)
(1) A person who has made a report on the installation or a report on changes of private telecommunications equipment and facilities pursuant to Article 64 (3) of the Act shall obtain verification from the competent Mayor/Do Governor within seven days from the date on which the installation work or changing work of such equipment and facilities is completed. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27186, May 31, 2016>
(2) A person who intends to obtain verification on independent telecommunications equipment and facilities pursuant to paragraph (1) shall submit an application (including an application in an electronic form) for verification on private telecommunications equipment and facilities to the competent Mayor/Do Governor, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27186, May 31, 2016>
1. Documents by which it may verify that the installation work thereof has been performed in compliance with technical standards prescribed in Article 28 (1) of the Framework Act on Broadcasting Communications Development;
2. Documents by which it may verify that the installation work thereof has been performed according to the specifications and drawings prescribed in Article 28 (3) of the Framework Act on Broadcasting Communications Development;
3. A copy of a certificate of a contractor.
(3) Where a Mayor/Do Governor finds, as a result of an examination of application documents prescribed in paragraph (2), that an application and accompanying documents fall under the following, he/she may request an applicant to supplement such documents within an appropriate period fixed: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27186, May 31, 2016>
1. Where accompanying documents are incomplete;
2. Where the details that should be stated in an application and accompanying documents are unclear.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51-8 (Exemption from Reporting of Installation of Private Telecommunications Equipment and Facilities)
Private telecommunications equipment and facilities that may be installed without reporting pursuant to Article 64 (4) of the Act shall be as follows:
1. Private telecommunications equipment and facilities, the main equipment and terminal equipment of which are installed within one building and a site therefor;
2. Private telecommunications equipment and facilities, the main equipment and terminal equipment of which are installed within two or more buildings owned by one person, the shortest distance between which is within 100 meters, and sites therefor (only applicable to buildings and their sites not separated each other by a road or river);
3. Private telecommunications equipment and facilities installed because they are urgently required for the police operations and used within one month.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51-9 (Provision of Private Telecommunications Equipment and Facilities)
(1) Where a person who has installed private telecommunications equipment and facilities has surplus telecommunications equipment and facilities exceeding the capacity required for his/her own telecommunications of private telecommunications equipment and facilities installed in a section requested by a common telecommunications business operator pursuant to Article 65 (2) of the Act, he/she may provide a common telecommunications business operator with such surplus.
(2) Where a common telecommunications business operator is provided with private telecommunications equipment and facilities pursuant to paragraph (1), the price for such provision shall follow guidelines determined and publicly announced by the Minister of Science, ICT and Future Planning within the limits of the amount calculated by adding the amount of return on investment to expenses incurred in relation to the installation and operation of the relevant private telecommunications equipment and facilities. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51-10 (Guidelines for Suspension of Use)
Guidelines for the suspension of use prescribed in Articles 65 (4) and 67 (2) of the Act shall be as specified in attached Table 8. <Amended by Presidential Decree No. 27186, May 31, 2016>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51-11 (Facilities subject to Securing of Ducts)
"Facilities or sites prescribed by Presidential Decree" in Article 68 (1) 8 of the Act means the following facilities or sites: <Amended by Presidential Decree No. 25478, Jul. 16, 2014>
1. Bus terminals under the Passenger Transport Service Act;
2. Logistics terminals and logistics clusters under the Act on the Development and Management of Logistics Facilities;
3. Industrial complexes for small and medium enterprises cooperation projects developed pursuant to the Small and Medium Enterprises Promotion Act;
4. Tourist destinations and tourism complexes developed pursuant to the Tourism Promotion Act;
5. Sewage culverts under the Sewerage Act.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 51-12 (Mediation on Securing of Ducts)
(1) Where the Minister of Science, ICT and Future Planning prepares a mediation proposal, upon receipt of a request for mediation under Article 68 (5) of the Act, he/she shall hear opinions of the heads of the relevant administrative agencies and the relevant parties. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) Where the Minister of Science, ICT and Future Planning has prepared a mediation proposal under paragraph (1), he/she shall notify the relevant parties of such mediation proposal and may recommend them to accept such mediation proposal with a fixed period for at least 30 days. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) Where the relevant parties accept a mediation proposal under paragraph (2), the Minister of Science, ICT and Future Planning shall prepare a mediation proposal in which the following matters are entered and have the relevant parties affix their seals or signatures thereon: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The number of a case;
2. The name and address of the relevant parties, appointed representatives or agents;
3. The intent of a request for mediation;
4. Items of mediation;
5. The date of preparation.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Articles 51-13 through 51-16 Deleted. <by Presidential Decree No. 27186, May 31, 2016>
 Article 52 (Designation, etc. of Boundary Areas of Submarine Cables)
(1) Where a common telecommunications business operator makes a request for the designation of a boundary area for submarine cables pursuant to Article 79 (3) of the Act, he/she shall submit the following data to the Minister of Science, ICT and Future Planning: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The necessity of the designation of a boundary area;
2. Sections and the width of a boundary area (referring to data in which coordinates of a boundary area indicating the latitude and longitude are stated).
(2) If necessary for the designation of a boundary area for submarine cables, the Minister of Science, ICT and Future Planning may request a common telecommunications business operator who has applied for the designation thereof to additionally submit data in addition to submitted documents referred to in the subparagraphs of paragraph (1). <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(3) The Minister of Science, ICT and Future Planning shall send the data submitted pursuant to paragraphs (1) and (2) to the head of the related central administrative agency under Article 79 (4) of the Act and hear his/her opinion. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(4) Unless any particular circumstance exists, the Minister of Science, ICT and Future Planning shall notify a common telecommunications business operator who has applied for the designation within 60 days from the date of application for the designation of a boundary area for submarine cables whether it has been designated, and when he/she has designated a boundary area for submarine cables, he/she shall publicly announce such designation without delay. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(5) If the Minister of Science, ICT and Future Planning designates and publicly announces a boundary area for submarine cables pursuant to paragraph (4), a common telecommunications business operator who has applied for the designation thereof shall make a public announcement of the location of the boundary area on his/her Internet homepage, etc., and may install area indicators, such as by buoys, in the designated boundary area. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 52-2 (Inspection and Reports on Telecommunications Equipment and Facilities)
(1) "Cases prescribed by Presidential Decree, such as cases necessary to formulate policies on telecommunications" in Article 82 (1) of the Act means any of the following cases:
1. Where necessary to formulate and implement policies on telecommunications;
2. Where necessary to check whether telecommunications equipment and facilities are installed and managed in an appropriate manner;
3. Where necessary to ensure fail-safe telecommunications in cases of national emergency or a disaster or accident.
(2) Where the Korea Communications Commission conducts an inspection under Article 82 (1) of the Act, it shall notify a person who has installed telecommunication equipment and facilities of an inspection plan on the scheduled date and time, details, reasons, etc. of the inspection by no later than seven days before the inspection: Provided, That in cases of emergency or where it deems that it cannot achieve the purposes of inspection due to the destruction of evidence, etc. if it notifies in advance, this shall not apply.
(3) A public official who conducts an inspection pursuant to paragraph (2) shall carry a certificate indicating his/her authority and produce it to the relevant parties and, present a document, in which his/her name, time and purpose of access, etc. are stated, to the relevant parties when he/she has access to telecommunication equipment and facilities, etc.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 53 (Protection of Privacy of Communications)
(1) A telecommunications business operator shall keep a book for the provision of communications data prescribed in Article 83 (5) of the Act for one year.
(2) A telecommunications business operator shall report on the current status of the provision of communications data prescribed in Article 83 (6) of the Act and notify the current status of the provision of communications data prescribed in paragraph (7) of the same Article within 30 days after the expiration of each half-year.
(3) An organization in exclusive charge of the affairs prescribed in Article 83 (8) of the Act (hereinafter referred to as "organization exclusively responsible") shall perform the following functions:
1. Presiding over affairs concerning privacy of communications of users;
2. Control over unlawful or unjust acts of violating privacy of communications of users by employees of a telecommunications business operator or the third party;
3. Reporting on the current status of the provision of communications data prescribed in Article 83 (6) of the Act;
4. Notification of details entered in the book of the provision of communications data prescribed in Article 83 (7) of the Act;
5. Handling complaints filed or opinions submitted by users concerning privacy of communications;
6. Education for employees in charge of affairs concerning privacy of communications;
7. Other affairs necessary for the protection of privacy of communications of users.
(4) An organization exclusively responsible shall be established in the head office of the relevant telecommunications business operator and an employee on the level of an executive officer shall be held responsible for such organization.
(5) A person with the authority to grant approval for a request for provision of data prescribed in Article 83 (9) of the Act shall be a judge, a public prosecutor, a public official of Grade IV or higher in rank (including a public official of Grade V where a public official of Grade V is the head of a government investigation office or the head of an information investigation agency) of an investigation agency (including a military investigation agency, the National Tax Service, a regional tax service: hereinafter the same shall apply) or an intelligence investigation agency, or a public official in general service belonging to the Senior Civil Service: Provided, That in cases of the police (including police officers belonging to Ministry of Public Safety and Security), he/she shall be a public official in a rank equal to or higher than a police superintendent (including a superintendent where a superintendent is the head of a government office) and in cases of a military investigation agency, he/she shall be a military prosecutor or a military officer in a rank equal to or higher than a lieutenant colonel (including a major in cases of a military investigation agency, the commanding officer of which is a major). <Amended by Presidential Decree No. 25751, Nov. 19, 2014>
(6) The grade and name of a person with the authority to grant approval shall be clearly stated in a request for provision of data prescribed in Article 83 (9) of the Act: Provided, That in cases of an intelligence investigation agency prescribed in subparagraph 6 of Article 2 of the Regulations of Planning and Adjustment of Information and Security Affairs, only the grade of a person with the authority to grant approval may be stated, and in cases of a court, the grade and name of a person with the authority to grant approval shall be clearly stated.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 54 (Notification of Phone Numbers of Callers, etc.)
(1) Where a caller expresses his/her intention of rejecting transmission of his/her phone number pursuant to the proviso to Article 84 (1) of the Act, no telecommunications business operator shall impose a charge on the caller for such reason.
(2) A person who intends to learn a caller's phone number pursuant to Article 84 (2) 1 of the Act shall file a request with a telecommunications business operator in writing along with any of the following data by which the telecommunications business operator may confirm a specific fact that he/she has been verbally abused, threatened or ridiculed by telephone (hereinafter referred to as "threat, etc. by telephone"):
1. Data in which the date and hour, and details of threat, etc. by telephone have been recorded in writing;
2. Tape, etc. on which the details of threat, etc. by telephone have been recorded;
3. Where he/she has reported a crime to the police for reason of threat, etc. by telephone, documents proving such threat, etc.;
4. Data providing evidence that he/she has consulted with the related consultation office concerning damage caused by threat, etc. by telephone;
5. Other data corresponding to the provisions of subparagraphs 1 through 4.
(3) "Cases prescribed by Presidential Decree" in Article 84 (2) 2 of the Act means cases of using the following telephone services:
1. For reporting international crimes for counterterrorism (111);
2. For reporting crimes (112);
3. For reporting espionage (113);
4. For reporting of or consultation on cyber terrorism (118);
5. For reporting fires or disasters (119);
6. For reporting maritime accidents or crimes (122);
7. For reporting smuggling (125);
8. For reporting persons who commit crimes related to narcotics (127).
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 54-2 (Entrustment of Affairs Related to Prohibition, etc. against Falsification of Phone Numbers)
The Minister of Science, ICT and Future Planning shall, under Article 84-2 (5) of the Act, entrust the following affairs related to the prevention of falsification of phone numbers to the Korea Internet and Security Agency incorporated under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.:
1. Affairs concerning the ascertainment of the fulfillment of the measures under Article 84-2 (3) of the Act;
2. Affairs related to a request for perusal or submission of data and inspections under Article 84-2 (4) of the Act.
[This Article Newly Inserted by Presidential Decree No. 26191, Apr. 14, 2015]
 Article 55 (Restrictions on and Suspension of Affairs)
(1) Where the Minister of Science, ICT and Future Planning issues an order restricting or suspending all or some of telecommunications services to a telecommunications business operator pursuant to Article 85 of the Act, he/she may allow him/her to provide telecommunications services in order of telephone conversions to conduct the following affairs according to the extent and degree of such restriction and suspension: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. First priority:
(a) National security;
(b) Military affairs and public peace and order;
(c) Delivery of civil defense alerts;
(d) Radio wave control;
2. Second priority:
(a) Disaster relief;
(b) Telecommunications, navigation safety, weather forecast, fire fighting, electricity, gas, water supply, transport and the press;
(c) Affairs of the State and local governments, other than those referred to in items (a) and (b);
(d) Affairs of the foreign diplomatic missions and the organizations of the UN in Korea;
3. Third priority:
(a) Affairs of business entities subject to control of resources and defense industrial business entities;
(b) Affairs of public institutions under the Act on the Management of Public Institutions and medical institutions;
4. Forth priority: Affairs other than those under subparagraphs 1 through 3.
(2) In cases referred to in paragraph (1), telecommunications services restricted or suspended shall be the minimum necessary for securing important communications.
(3) Where all or some of telecommunications services are restricted or suspended pursuant to paragraph (1), a telecommunications business operator shall report the details thereof to the Minister of Science, ICT and Future Planning without delay. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 56 (Approval, etc. concerning International Telecommunications Services)
(1) The term "international telecommunications services prescribed by Presidential Decree" in the main sentence of the partial provisions other than each subparagraph of Article 86 (2) of the Act means the installation and lease of artificial satellites to provide international telecommunications services. <Amended by Presidential Decree No. 25062, Jan. 7, 2014>
(2) A person who intends to obtain approval under the main sentence of the partial provisions other than each subparagraph of Article 86 (2) of the Act shall submit the following documents to the Minister of Science, ICT and Future Planning: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25062, Jan. 7, 2014>
1. A copy of an agreement or a contract;
2. A table of comparison on old and new agreements or contracts (only applicable to approval for changes);
3. Documents proving the termination of an agreement or a contract (only applicable to an application for approval for the termination thereof);
4. A business plan (only applicable to an application for approval for an agreement on cross-border provision of common telecommunications services under Article 87 (1) of the Act).
(3) If the Minister of Science, ICT and Future Planning intends to approve an agreement on cross-border provision of common telecommunications services referred to in Article 87 (1) of the Act pursuant to the main sentence of the partial provisions other than each subparagraph of Article 86 (2) of the Act, he/she shall examine the following matters comprehensively: <Newly Inserted by Presidential Decree No. 25062, Jan. 7, 2014>
1. Possibility of stable provision of services;
2. Effects on competition of the domestic communications market;
3. Matters on user protection.
(4) The term "standards prescribed by Presidential Decree" in the proviso to Article 86 (3) of the Act means a telecommunications business operator whose capital is less than three billion won and who does not have an international direct dialling code granted by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 57 (Cancellation, etc. of Approval for Contracts for Cross-border Supply of Common Telecommunications Services)
(1) Standards for the cancellation of approval for a contract for cross-border supply of common telecommunications services and the suspension of cross-border supply of common telecommunications services under Article 87 (4) of the Act shall be as follows:
1. When violated on one occasion: Suspension within six months or the suspension of subscription of new users;
2. When violated on two occasions: The cancellation of approval.
(2) Where the Minister of Science, ICT and Future Planning has imposed disposition for cancellation of approval or suspension under paragraph (1), he/she shall publicly announce the details of such disposition and notify the relevant telecommunications business operator of such disposition in writing. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 58 (Statistical Reports)
(1) Types of statistics which a telecommunications business operator should report to the Minister of Science, ICT and Future Planning pursuant to Article 88 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24546, May 31, 2013; Presidential Decree No. 27751, Dec. 30, 2016>
1. The current status of telecommunications equipment and facilities: Line facilities, exchange facilities, transmission facilities and power supply facilities, etc. for each service;
2. Results of utilization of telecommunications: Sales, the number of occasions of use, etc. of each service, each phase of distance, each period, each time zone, each country (including the results of each foreign telecommunications business operator), each service area, and between service areas;
3. The current status of users of telecommunications: The number of subscribers, etc. for each service, each City/Do, and each service area;
4. Data related to the number of telephone calls: The number of telephone calls for each service, each phase of distance, each period, each time zone, each City/Do, each country (including the number of telephone calls for each foreign telecommunications business operator), each service area and between service areas, other data for the settlement of accounts related to the provision of facilities and interconnection, etc.;
4-2. Data related to data usage: data usage by technology method, period, and traffic giving load to telecommunications equipment, and other data;
5. Data related to accounting: Data related to accounting, such as a business report, made by classifying into each business and service provided;
6. The total amount of prepaid calling cards issued by month and details of the use of such calling cards received from users (only applicable to special category telecommunications business operators).
(2) Methods and forms for preparing statistics, methods of presentation and the deadline for reporting under paragraph (1), and other necessary matters shall be determined and publicly announced by the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 24546, May 31, 2013>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 59 (Presentation of Data)
(1) A common telecommunications business operator and the stockholders thereof shall submit the following documents to the Minister of Science, ICT and Future Planning pursuant to Article 88 (2) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. The current status of issued stocks (including investment shares; hereinafter the same shall apply) of a corporation;
2. The current status of stockholders (including investors; hereinafter the same shall apply) who own issued stocks of a corporation and the ownership of stocks of persons who have special relations with them (including investment shares; hereinafter the same shall apply);
3. Objectives of the ownership of stocks and reasons for the change thereof (limited to stockholders of a common telecommunications business operator);
4. The date of acquisition of stocks and details of funds for the acquisition thereof by stockholders under subparagraph 2 (limited to stockholders of a common telecommunications business operator);
5. The form of ownership of stocks (limited to stockholders of a common telecommunications business operator);
6. Proving data related to matters referred to in subparagraphs 1 through 5.
(2) A business operator who should submit documents pursuant to paragraph (1) shall submit related documents to the Minister of Science, ICT and Future Planning by the following deadline: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. A common telecommunications business operator who is a listed stock corporation under Article 9 (15) 3 of the Financial Investment Services and Capital Markets Act: Within 30 days from the date of closing a list of stockholders;
2. A common telecommunications business operator who does not fall under subparagraph 1: By January 30 every year.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 59-2 (Reporting on Current Status, etc. of Installation of Private Telecommunications Equipment and Facilities)
Pursuant to Article 88 (4) of the Act, a Mayor/Do Governor shall report the data set forth in the subparagraphs of the same paragraph each quarter to the Minister of Science, ICT and Future Planning within 30 days from the end date of the relevant quarter.
[This Article Newly Inserted by Presidential Decree No. 27186, May 31, 2016]
 Article 60 (Methods for Computing Penalty Surcharges, etc.)
(1) "Sales computed as prescribed by Presidential Decree" in the forepart of the main sentence of Article 90 (1) of the Act means the average annual sales of telecommunications services subject to the suspension of business of a telecommunications business operator during the preceding three years: Provided, That where three years have not passed as of the first day of the relevant business year after he/she started a business, it means the amount of sales during the period from the commencement of such business to the end of the preceding business year, which has been converted into the annual average sales, and where he/she started a business in the relevant business year, it means the amount of sales during the period from the date he/she started a business to the date he/she committed a violation, which has been converted into the annual sales.
(2) "Cases prescribed by Presidential Decree" in the proviso to Article 90 (1) of the Act means any of the following cases:
1. Where a telecommunications business operator has no results of business due to a failure in commencing business, the suspension of business, etc.;
2. Where a telecommunications business operator refuses to submit data for computing sales or submits false data;
3. Where a telecommunications business operator faces difficulties in computing objective sales.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 61 (Violations Subject to Imposition of Penalty Surcharges and Amount of Penalty Surcharges, etc.)
(1) Types of violations subject to imposition of penalty surcharges pursuant to Article 90 (1) of the Act and the amount of penalty surcharges shall be as specified in attached Table 9.
(2) Types of violations subject to imposition of penalty surcharges pursuant to Article 90 (2) of the Act and the amount of penalty surcharges shall be as specified in attached Table 10.
(3) Where the Minister of Science, ICT and Future Planning or a Mayor/Do Governor fixes the amount of a penalty surcharge pursuant to paragraph (1) or (2), he/she may increase or decrease the amount of a penalty surcharge not exceeding one half thereof, taking into consideration the following matters: Provided, That even in cases of an increase, the total amount of a penalty surcharge shall not exceed the maximum penalty surcharge prescribed in Article 90 (1) or (2) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 27186, May 31, 2016>
1. Special characteristics of telecommunications services;
2. The degree and frequency of violations;
3. Whether any violation has been committed willfully or by negligence;
4. The motive and content of any violation;
5. Imposition of a penalty surcharge, in violation of any Act.
(4) Articles 48 and 49 shall apply mutatis mutandis to the imposition, payment and demand of penalty surcharges prescribed in Article 90 of the Act. In such cases, "Minister of Science, ICT and Future Planning or the Korea Communications Commission" in Article 48 (1) and the main sentence of paragraph (2) thereof shall be deemed "Minister of Science, ICT and Future Planning or a Mayor/Do Governor." <Amended by Presidential Decree No. 27186, May 31, 2016>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 62 (Extension of Deadlines for Payment of Penalty Surcharges and Payment in Installments)
(1) A person who intends to extend a deadline for payment of a penalty surcharge or to pay it in installments pursuant to Article 91 of the Act shall file an application with the Minister of Science, ICT and Future Planning or the Korea Communications Commission, along with documents proving the reasons for the extension of the deadline for payment or payment in installments by no later than 10 days prior to the deadline for payment. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
(2) "Amount prescribed by Presidential Decree" in the forepart of Article 91 (1) of the Act means the amount computed by multiplying sales under Article 47 by one percent, or 300 million won.
(3) No extension of the deadline for payment of a penalty surcharge under Article 91 of the Act shall exceed one year from the day following the deadline for payment.
(4) Where a person pays a penalty surcharge in installments pursuant to Article 91 of the Act, the interval between deadlines for each installment payment shall not exceed four months, and the number of times of installments shall not exceed three times.
(5) Where a person liable to pay a penalty surcharge, for whom a deadline for payment has been extended or who has been allowed to pay it in installments pursuant to Article 91 of the Act, falls under any of the following subparagraphs, the Minister of Science, ICT and Future Planning or the Korea Communications Commission may cancel his/her or its decision on the extension of the deadline for payment or payment in installments and collect it in a lump sum: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. When he/she fails to pay a penalty surcharge, for which payment in installments has been decided, by the deadline for payment;
2. When he/she fails to execute the order of the Minister of Science, ICT and Future Planning or the Korea Communications Commission necessary to change security or preserve security;
3. When the Korea Communications Commission deems that it cannot collect all or the remainder of a penalty surcharge, such as compulsory execution, the commencement of auction, the declaration of bankruptcy, the dissolution of a corporation, disposition on default of national taxes or local taxes, etc.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 63 (Types and Appraisal, etc. of Security)
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 64 (Important Communications)
(1) Important communications under Article 92 (2) 3 of the Act shall be as follows: <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
1. Communications for affairs concerning national security, military affairs, public peace, delivery of civil defense alerts, and radio regulations;
2. Other communications publicly announced by the Minister of Science, ICT and Future Planning for the smooth performance of affairs of the State.
(2) Deleted. <by Presidential Decree No. 25062, Jan. 7, 2014>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 65 (Delegation of Authority)
The Minister of Science, ICT and Future Planning shall delegate the following authority to the Director General of the Central Radio Management Office pursuant to Article 93 (2) of the Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 26191, Apr. 14, 2015; Presidential Decree No. 27186, May 31, 2016; Presidential Decree No. 27412, Jul. 28, 2016>
1. Registration of a special category telecommunications business and the imposition of the terms of such registration made under Article 21 of the Act;
2. Acceptance of a report on value-added telecommunications business prescribed in Article 22 (1) of the Act;
3. Registration of special value-added telecommunications business prescribed in Article 22 (2) of the Act and the imposition of the terms of such registration made under paragraph (3) of the same Article;
4. Registration of changes in special category telecommunications business, acceptance of a report on changes in value-added telecommunications business and registration of changes in special value-added telecommunications business prescribed in Article 23 of the Act;
5. Acceptance of a report on transfer and acquisition of special category telecommunications business or value-added telecommunications business, and on a merger or inheritance of a corporation prescribed in Article 24 of the Act;
6. Acceptance of a report on the suspension or discontinuance of special category telecommunications business or value-added telecommunications business, and on the dissolution of a corporation prescribed in Article 26 of the Act;
7. Issuance of an order to cancel the registration of special category telecommunications business and to suspend business prescribed in Article 27 (1) of the Act;
8. Issuance of an order to discontinue value-added telecommunications business, an order to cancel the registration of special value-added telecommunication business and to suspend business prescribed in Article 27 (2) of the Act;
8-2. Matters concerning the issuance of an order to suspend provision of telecommunication services prescribed in Article 32-3 (1) of the Act;
8-3. Field investigation on the actual status of the provision and use of facilities, etc. prescribed in Article 35 (5) of the Act;
9. Issuance of an order to suspend the use of private telecommunications equipment and facilities prescribed in the forepart of Article 65 (4) of the Act and notification of the fact, under the latter part of the same paragraph, to a Mayor/Do Governor that an order to suspend the use thereof has been issued;
10. through 13. Deleted; <by Presidential Decree No. 27186, May 31, 2016>
14. Permission for felling and transplantation of plants prescribed in the forepart of Article 75 (3) of the Act;
15. Inspection on a person who has installed telecommunications equipment and facilities prescribed in Article 82 (1) of the Act and requesting him/her to make a report;
16. Issuance of an order to remove telecommunications equipment and facilities or to take other necessary measures prescribed in Article 82 (2) of the Act;
17. Acceptance of a report on an agreement on the adjustment of international telecommunications service charges concluded by a special category telecommunications business operator prescribed in Article 86 (3) of the Act;
18. Hearings for the cancellation of registration of special category telecommunications business and the discontinuance of value-added telecommunications business prescribed in subparagraphs 2 and 3 of Article 89 of the Act;
19. Imposition and collection of a penalty surcharge prescribed in Article 90 (1) of the Act (excluding any penalty surcharge imposed in lieu of the suspension of part of business imposed under Article 52 (5) of the Act) and the extension of a deadline for payment and permission for payment in installments under Article 91 of the Act: Provided, That in cases of a common telecommunications business operator, this shall not apply;
19-2. Imposition and collection of a penalty surcharge prescribed in Article 90 (2) of the Act (limited to a penalty surcharge imposed in lieu of an order to suspend the use, issued pursuant to Article 65 (4) of the Act to a person who has installed any private telecommunication equipment and facilities);
20. Issuance of a corrective order prescribed in Article 92 (1) of the Act: Provided, That in cases of a common telecommunications business operator, this shall not apply;
21. Issuance of an order to suspend the act of providing telecommunications services and to take measures for removal of telecommunications equipment and facilities prescribed in Article 92 (3) of the Act: Provided, That in cases of a common telecommunications business operator, this shall not apply;
22. Imposition and collection of administrative fines prescribed in Article 104 of the Act: Provided, that in cases of a common telecommunications business operator, this shall not apply.
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
 Article 65-2 (Processing of Unique Identifying Information)
(1) Where it is crucial to conduct the following affairs, the Minister of Science, ICT and Future Planning (including a person to whom the authority of the Minister of Science, ICT and Future Planning has been delegated pursuant to Article 65) or the Korea Communications Commission may process data including a resident registration number or foreigner registration number prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25062, Jan. 7, 2014; Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 27412, Jul. 28, 2016>
1. Affairs concerning permission to operate a common telecommunications business prescribed in Article 6 of the Act;
2. Affairs concerning verification of grounds for disqualification as executive officers prescribed in Article 9 of the Act;
3. Affairs concerning permission to make changes in common telecommunications business prescribed in Article 16 of the Act;
4. Affairs concerning authorization for or report on the acquisition of common telecommunications business by transfer and merger of a corporation, etc. prescribed in Article 18 of the Act;
5. Affairs concerning approval to suspend or discontinue common telecommunications business prescribed in Article 19 of the Act;
6. Affairs concerning the registration of special-category telecommunications business prescribed in Article 21 of the Act;
7. Affairs concerning a report and registration of value-added telecommunications business prescribed in Article 22 of the Act;
8. Affairs concerning the registration of changes in special category telecommunications business, report of changes and registration of changes in value-added telecommunications business prescribed in Article 23 of the Act;
9. Affairs concerning a report on the transfer or acquisition of special- category telecommunications business or value-added telecommunications business prescribed in Article 24;
10. Affairs concerning a report on the suspension or discontinuance of special category telecommunications business or value-added telecommunications business and report of the dissolution of a corporation prescribed in Article 26;
11. Deleted; <by Presidential Decree No. 26191, Apr. 14, 2015>
12. Affairs concerning fact-finding investigations, etc. conducted under Article 51 of the Act;
12-2. Affairs concerning the imposition and collection of charges for compelling compliance under Article 52-2 of the Act;
13. Affairs concerning imposition and collection of penalty surcharges prescribed in Article 53 of the Act;
14. and 15. Deleted; <by Presidential Decree No. 26191, Apr. 14, 2015>
16. Affairs concerning the extension of a deadline for payment of penalty surcharges and payment in installments prescribed in Article 91 of the Act.
(2) A telecommunications business operator who provides common telecommunication services or the Korea Association for ICT Promotion may manage the data which contains residents registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Personal Information Protection Act, if it is crucial to perform the following affairs: <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 26191, Apr. 14, 2015; Presidential Decree No. 27412, Jul. 28, 2016>
1. Affairs concerning reduction of or exemption from charges prescribed in Article 4 of the Act or Article 2 (2) 3 of this Decree;
2. Affairs concerning reduction of or exemption from fees prescribed in Article 29 of the Act;
3. Affairs concerning prevention of concluding a contract for use of telecommunications services without verifying the user's intention for subscription or providing telecommunications services in a manner inconsistent with the terms and conditions of use (limited to the terms and conditions of the return of fees) among prohibited acts prescribed in Article 50 (1) 5 of the Act;
4. Affairs concerning the prevention of prohibited acts prescribed in Article 50 (1) 5-2 of the Act.
(3) Where it is crucial to conduct affairs concerning registration of pre-selection or modification thereto, etc. prescribed in Article 57 of the Act, the head of a pre-selection registration center designated pursuant to Article 57 (3) of the Act may process data including a resident registration number or a foreigner registration number prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Newly Inserted by Presidential Decree No. 25062, Jan. 7, 2014>
(4) Where it is crucial to conduct affairs concerning registration of number portability and modification thereto, etc. prescribed in Article 58 of the Act, the head of a number portability management institution designated pursuant to Article 58 (4) of the Act may process data including a resident registration number or a foreigner registration number prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Newly Inserted by Presidential Decree No. 25062, Jan. 7, 2014>
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 65-3 (Re-Examination of Regulation)
The Minister of Science, ICT and Future Planning shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
1. Requests for submission of data related to a business operator providing pervasive services prescribed in Article 3 (2): January 1, 2015;
2. Submission of a report on the actual results of the provision of pervasive service referred to in Article 4: January 1, 2017;
3. Imposition and payment of charges for compelling compliance under Article 18: January 1, 2017;
4. Documents attached to an application for authorization for acquisition and merger, etc. referred to in Article 20: January 1, 2017;
5. Registration requirements for special category telecommunications business referred to in Article 28: January 1, 2017;
6. Report documents for value-added telecommunications business, entries in the register of special value-added telecommunications business operators, and registration requirements for special value-added telecommunications business operators referred to in Article 29: January 1, 2017;
7. Registered or reported matters of value-added telecommunications business referred to in Article 31: January 1, 2017;
8. The scope of services subject to authorization for the terms and conditions of use referred to in Article 34: January 1, 2017;
9. Documents attached to a report on and approval for the installation of telecommunications equipment and facilities and examined matters for telecommunications equipment and facilities referred to in Article 51-2: January 1, 2017;
10. Details in a report on private telecommunications equipment and facilities and examined matters for a report on installation or a report on the change of installation of such equipment and facilities referred to in Article 51-6: January 1, 2017;
11. Types of statistical reports referred to in Article 58: January 1, 2017.
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
CHAPTER VII PENAL PROVISIONS
 Article 66 (Guidelines for Imposing Administrative Fines)
Guidelines for imposing administrative fines prescribed in Article 104 (1) through (5) of the Act shall be as specified in attached Table 11. <Amended by Presidential Decree No. 26406, Jul. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 23642, Feb. 28, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures for Guaranty Insurance)
Guaranty insurance of a specially designated communications business operator taken out under the former provisions as at the time when the amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 111 enter into force, notwithstanding the amended provisions of the attached Table 2, shall be deemed to have been taken out under this Decree until the date of expiration of the contract period of the relevant guaranty insurance.
Article 3 (Transitional Measures for Persons Subject to Reduction of or Exemption from Charges for Telephone Services)
A person subject to reduction of or exemption from a charge for telephone services provided under Article 2-2 (2) 4 (a) of the former Enforcement Rules of the Telecommunications Business Act as at the time when the amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 141, enters into force, shall be deemed a person subject to reduction of or exemption from a charge for telephone services under this Decree.
Article 4 (Exceptional Cases to Combined Sale)
The amended provisions of subparagraph 6, IV of the attached Table 3 shall apply to the telecommunications services only (including the telecommunications services provided by the specially designated communications business or the additional communications business being operated by a common communications business operator) of a common communications business operator from March 10, 2007.
Article 5 (Transitional Measures for Permission and Registration)
(1) An additional communications business operator providing the transmission services under the amended provisions of subparagraph 1 of Article 3 of the Enforcement Rules of the Telecommunications Business Act as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall obtain the permission of the Korea Communications Commission as a common communications business operator prescribed in Article 5 of the Act, or register a specially designated business operator with the Korea Communications Commission prescribed in Article 19 of the Act by no later than December 14, 2009.
(2) The standard of registration concerning financial capacity of the necessary conditions for registration made under Article 28 and the amended provisions of the attached Table 2 shall not apply, beyond December 14, 2009, to a telecommunications business operator who should newly register a specially designated communications business prescribed in paragraph (1).
Article 6 (Transitional Measures for Transmission Services)
A telecommunications business operator who has obtained the permission of the Minister of Information and Communications as a common communications business operator providing common communications services, other than a lease service of the telecommunications line facilities prescribed in subparagraph 3 of Article 3 of the former Enforcement Rules of the Telecommunications Business Act and a service provided using the frequency allotted under subparagraph 4 of the same Article before the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall be deemed to have obtained permission for the transmission services under the amended provisions of subparagraph 1 of Article 7.
Article 7 (Transitional Measures for Service Provided Using Frequency Allotted)
A telecommunications business operator who has obtained permission of the Minister of Information and Communications as a common communications business operator providing a service using the frequency allotted to him/her under subparagraph 4 of Article 3 of the former Enforcement Rules of the Telecommunications Business Act before the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall be deemed to have obtained permission as a common communications business operator providing a service using the frequency alloted to him/her under the amended provisions of subparagraph 2 of Article 7.
Article 8 (Transitional Measures for Lease Services of Telecommunications Line Facilities)
A telecommunications business operator who has obtained permission of the Minister of Information and Communications as a common communications business operator providing a lease service of the telecommunications line facilities prescribed in subparagraph 3 of Article 3 of the former Enforcement Rules of the Telecommunications Business Act as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall be deemed to have obtained permission as a common communications business operator providing a lease service of the telecommunications line facilities prescribed in the amended provisions of subparagraph 3 of Article 7.
Article 9 (Transitional Measures for Internet Telephony)
An Internet telephone service falling under a common communications service provided under subparagraph 5-2 of Article 3 of the former Enforcement Rules of the Telecommunication Business Act as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, notwithstanding the amended provisions of the proviso to the part other than subparagraphs of Article 7, shall be deemed a common communications service provided under this Decree.
Article 10 (Transitional Measures for Application, etc. for Registration of Specially Designated Communications Business Operators)
A registration certificate of a specially designated business operator which has been issued under Article 12-2 (1) of the former Enforcement Rules of the Telecommunications Business Act as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall be deemed a registration certificate issued under this Decree: Provided, That a specially designated business operator engaging in a prepaid calling card business under the former provisions as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall make a registration of modification under the amended provisions of Article 22 of the Act by no later than June 14, 2008.
ADDENDA <Presidential Decree No. 20896, Jul. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDUM <Presidential Decree No. 21060, Oct. 1, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exemption from Liability to Compensate for Loss Caused by Pervasive Services)
The amended provisions of Article 5 (2) shall apply to the amount of loss incurred by pervasive services that is calculated on or after the year 2011.
Article 3 (Applicability to Revised Licenses, etc.)
The amended provisions of Articles 19 (4) 2 and 31 (1) 6 shall also apply to a telecommunications business operator whose license or registration has been partially revoked or whose business has been partially discontinued before this Decree enters into force.
Article 4 (Applicability to Reporting on Agreements for Interconnection, etc.)
The amended proviso to Article 40 (1) shall apply to a telecommunications business operator who reports under the amendment or revocation or applies for revised authorization or revocation of authorization on or after the date when this Decree enters into force.
Article 5 (Transitional Measures concerning Application for Approval for Business Suspension, etc.)
Notwithstanding the amended provisions of subparagraphs 5 and 6 of Article 24, the former provisions shall apply to the procedures for approval for suspension or discontinuation of the common telecommunications business which remain in effect as at the time this Decree enters into force.
Article 6 (Transitional Measures concerning Reporting, etc. on Value-Added Telecommunications Business)
Notwithstanding the former provisions, the amended provisions of Articles 29 (1) and 32 (1) 2 and (2) 2 shall apply to the procedures for reporting on the value-added telecommunications business, procedures for reporting on the transfer and acquisition of the special category telecommunications business and value-added telecommunications, or procedures for reporting on the merger of corporations, all of which remain in effect as at the time this Decree enters into force.
Article 7 (Transitional Measures concerning Pre-Paid Calling Services)
A telecommunications business operator who provides a pre-paid calling service as at the time this Decree enters into force shall submit to the Korea Communications Commission or the Director General of the Central Radio Management Office the documents provided for in the amended provisions of Article 37-2 (1) within 45 days after this Decree enters into force.
Article 8 (Transitional Measures concerning Guidelines for Administrative Dispositions, etc.)
Where the guidelines for administrative dispositions or guidelines for imposing penalty surcharges apply to any violation committed before this Decree enters into force, they shall be governed by the amended provisions of attached Tables 1 and 6.
Article 9 (Transitional Measures concerning Administrative Fines)
(1) Where administrative fines are imposed for any violation committed before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of attached Table 8.
(2) The frequency of violations committed under the amended provisions of attached Table 8 shall not include any violation committed before this Decree enters into force that has been subjected to the disposition of administrative fines.
Article 10 Omitted.
ADDENDA <Presidential Decree No. 22605, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 22616, Jan. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 23293, Nov. 14, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 20, 2011.
Article 2 (Special Cases on Issuance of Certificates of Registration)
Where a certificate of registration of a special value-added telecommunications business operator is issued to a person governed by paragraph (2) of Addenda of the partly amended Telecommunications Business Act, Act No. 10656, within six months after this Decree enters into force, notwithstanding the amended provisions of Article 29 (6), the period for the issuance of a certificate of registration may be extended within 30 days only once.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23642, Feb. 28, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Registration of Changes in Terms and Conditions of Use)
The amended provisions of Article 31 shall apply, beginning with the first alteration of the terms and conditions of use after this Decree enters into force.
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. 24546, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (2) 3 (c) and (f), (3) through (5), and subparagraph 5 of Article 14 shall enter into force on July 1, 2013, and the amended provisions of Article 58 (1) 4-2 and (2) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Scope of Common Telecommunications Business Operators Subject to Examination on Public Benefits)
(1) The amended provisions of subparagraph 4 of Article 14 shall apply starting from the case where a reason prescribed in each subparagraph of Article 10 (1) arises after this Decree enters into force.
(2) The amended provisions of subparagraph 5 of Article 14 shall apply starting from the case where a reason prescribed in each subparagraph of Article 10 (1) of the Act arises after the enforcement dates referred to in the proviso to Article 1 of this Addenda.
Article 3 (Special Cases concerning Consent Method on Provision of Address below Unit of Eup/Myeon/Dong of Subscriber Who Consented to Former Directory Assistance Service)
(1) Where a telecommunications business operator provides the address of a user who subscribed as a trade name pursuant to the amended provisions of the proviso to Article 51 (1) 3, he/she shall obtain the user's consent again, notwithstanding the consent he/she obtained previously pursuant to Article 51 (2). In such cases, the consent referred to in Article 51 (2) shall be deemed obtained.
(2) Where a telecommunications business operator obtains a user's consent referred to in paragraph (1), he/she may obtain such consent through any of the following methods, notwithstanding Article 51 (2):
1. Posting details of consent on the Internet web site for directory assistance service and having a user indicate his/her consent;
2. Forwarding an e-mail or a text message containing details of consent and having a user transmit an e-mail or a text message declaring his/her intention of consenting to the provision of his/her address;
3. Informing, by telephone, a user of details of consent and voice recording whether he/she consents to the provision of his/her address;
4. Informing, by telephone, a user of a method for checking details of consent on the web site, etc. for directory assistance service and then voice recording, by telephone again, whether the user consents to the provision of his/her address.
Article 4 (Transitional Measures concerning Curtailment of Persons Eligible for Reduction of or Exemption from Rates)
A person who received the reduction of or exemption from rates pursuant to former Article 2 (3) 8 (d) before February 28, 2013 (limited to persons who have a child born from January 1, 2008 to December 31, 2008) shall be deemed a person eligible for the reduction of or exemption from rates under the former provisions for twelve months from the month to which the date of the last application belongs, notwithstanding the amended provisions of Article 2 (3) 8 (d).
Article 5 (Transitional Measures concerning Services, etc. Subject to Authorization for Terms and Conditions of Use)
The services and common telecommunications business operators publicly notified pursuant to former Articles 34 (1) 1, 39 (1), 39-3 (1) at the time this Decree enters into force shall be deemed services and common telecommunications business operators publicly notified pursuant to the amended provisions of Articles 34 (1) 1, 39 (1) and 39-3 (1) until they are newly notified after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25062, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 14, 2014: Provided, That the amended provisions of Articles 2 (3) 8 (c) and (h) and 65-2 shall enter into force on the date of its promulgation.
Article 2 (Applicable Cases concerning Approval for Agreements on Cross-Border Provision of Common Telecommunications Services)
The amended provisions of Article 56 (2) 4 shall apply, starting with an agreement which applies for approval after this Decree enters into force.
ADDENDA <Presidential Decree No. 25478, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2014.
Articles 2 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet among the Presidential Decrees amended pursuant to Article 5 of the Addenda shall respectively enter into force on the date Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25867, Dec. 23, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Criteria for Imposition of Penalty Surcharges)
Notwithstanding the amended provisions of attached Table 9, the criteria for the imposition of penalty surcharges against violations committed before this Decree enters into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 26191, Apr. 14, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 16, 2015.
Articles 2 (Transitional Measures concerning Frequency of Imposition of Administrative Fines)
The imposition of an administrative fine due to any act of rejecting, evading or interfering with an investigation referred to in Article 51 (2) of the Act as prescribed in subparagraph 2 (k) of the formerly attached Table 11 shall not be included in the calculation of frequency of violations committed under the amended provisions of subparagraph 2 (p) of attached Table 11.
ADDENDA <Presidential Decree No. 26406, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2015.
Article 2 (Special Cases concerning Removal of Apparatus)
Notwithstanding the amended provisions of Article 39-2 (2), any apparatus installed under Article 35 (4) of the former Acts (referring to the Acts in effect before they are amended by the partially amended Telecommunications Business Act (Act No. 13011)) before this Decree enters into force, the contract for which entered into under Article 35 (1) of the Act is terminated, or the period of installation of which is expired as at the time this Decree enters into force, shall be removed within 30 days of the enforcement of this Decree: Provided, That where the period for removal of the apparatus is separately determined through consultations between a using business operator and a providing business operator, such agreement shall apply.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27186, May 31, 2016>
This Decree shall enter into force on June 2, 2016: Provided, That the amended provisions of subparagraph 11 of Article 65 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27322, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 25, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27412, Jul. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 8-2 of Article 65 shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Calculation of Penalty Surcharges)
The amended provisions of subparagraphs 2 and 3 of attached Table 6 shall also apply where a penalty surcharge is calculated for any violation committed before the enforcement date referred to in the proviso to Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 27750, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of subparagraph 5 (g) (iv) of attached Table 4 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Guidelines for Administrative Dispositions, etc.)
Any administrative disposition (including imposition dispositions of penalty surcharges) against a prohibited act specified in attached Table 4 which has been committed before this Decree enters into force, shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27789, Jan. 17, 2017>
This Decree shall enter into force on the date of its promulgation.