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ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION, USE, ETC, OF LOCATION INFORMATION

Presidential Decree No. 27933, Mar. 8, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Protection, Use, etc. of Location Information and those necessary for the enforcement of the said Act.
 Article 2 (Application for Permission)
(1) A person who intends to obtain permission pursuant to Article 5 (1) of the Act on the Protection, Use, etc. of Location Information (hereinafter referred to as the “Act”) may file an application therefor under the name of the representative of a corporation, or the representative of the shareholders, etc. of a corporation intended to be incorporated.
(2) A person who intends to obtain permission for business shall file a written application for permission for location information business (including an application form in an electronic format) with the Korea Communications Commission together with the following documents (including electronic documents):
1. Business plan;
2. List of a corporation's shareholders. (It shall only be submitted in case of a corporation which is intended to be established).
(3) Upon receipt of an application for a license pursuant to paragraph (2), the Korea Communications Commission shall confirm such corporation registration certificate through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
(4) The business plan prescribed in paragraph (2) 1 shall contain matters to be entered under attached Table 1.
(5) Upon receipt of a written application for permission pursuant to paragraph (2), the Korea Communications Commission shall notify the applicant as to whether or not to grant permission within two months from the date of receipt of the written application: Provided, That where unable to make a notification within such period due to any inevitable reason, the Commission may extend the period only once by up to two months. <Amended by Presidential Decree No. 27933, Mar. 8, 2017>
(6) Where extending the period pursuant to the proviso to paragraph (5), the Korea Communications Commission shall notify the applicant in writing without delay of the fact and grounds for the extension.
 Article 3 (Detailed Examination Standards by Examination Item When Granting Permission for Location Information Business)
(1) The detailed examination standards by examination item under Article 5 (3) of the Act shall be as listed in attached Table 2.
(2) Matters concerning evaluation methods, etc. with respect to respective detailed examination standards under paragraph (1) shall be determined and publicly announced by the Korea Communications Commission. <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
 Article 4 (Issuance, etc. of Certificate of License)
(1) Where the Korea Communications Commission grants permission for business pursuant to Article 5 (1) of the Act or permission for change pursuant to Article 5 (7) of the Act, it shall issue a certificate of permission for location information business after entering the following matters in the permission ledger of location information business:
1. Permit number and permission date;
2. Trade name, and representative’s name;
3. Category and details of location information business;
4. Principal office location;
5. Capital stock or evaluated amount of assets; 
6. Details and places in which main facilities for business are installed;
7. Conditions of permission.
(2) Where a certificate of permission license is lost or defaced, a location information provider shall make an application for reissuance thereof to the Korea Communication Commission, specifying the reasons, as prescribed in paragraph (1).
 Article 5 (Permission for Change, etc.)
(1) Deleted. <by Presidential Decree No. 21237, Dec. 31, 2008>
(2) A person who intends to obtain permission to change a matter pursuant to Article 5 (7) of the Act file a written application for permission for change of location information business (including an application form in an electronic format) with the Korea Communications Commission, together with the following documents (including electronic documents):
1. Amended business plan;
2. Other documents by which changed matters can be verified.
(3) With respect to methods and procedures for application for permission for change, and examination standards therefor under Article 5 (7) of the Act, Articles 2 (4) through (6) and 3 shall apply mutatis mutandis. <Newly Inserted by Presidential Decree No. 21237, Dec. 31, 2008>
(4) Each person who intends to report on change of location information business pursuant to Article 5 (7) of the Act shall file a written report on change of location information business (including a written report in an electronic format) with the Korea Communications Commission, together with the documents (including electronic documents) by which the changed matters can be verified. <Newly Inserted by Presidential Decree No. 21237, Dec. 31, 2008>
 Article 6 (Methods and Procedures for Application for Authorization for Takeover of Location Information Business or Merger, etc. of Corporation)
(1) A person who intends to obtain authorization to acquire location information business pursuant to Article 7 (1) of the Act shall file a written application for authorization to acquire such location information business (including an application form in an electronic format) with the Korea Communications Commission, together with the following documents: <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
1. Copy of a contract for transfer and acquisition of business;
2. Business plan including matters to be entered under attached Table 2-2.
(2) A person who intends to obtain authorization for a merger or split-off (including a merger by split-off; hereinafter the same shall apply) of a corporation which is a location information provider pursuant to Article 7 (1) of the Act shall file a written application for authorization for a merger or split-off of location information business (including a report form in an electronic format) with the Korea Communications Commission, together with the following documents (including electronic documents): <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
1. Copy of a contract for merger or split-off;
2. Business plan including the matters to be entered under attached Table 2-2.
(3) The Korea Communications Commission which receives an application for authorization pursuant to paragraph (1) or (2) shall confirm the corporation registration certificate of transferee or parties to the merger or split-off through data-matching of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
(4) Where the Korea Communications Commission grants authorization for any application for acquisition or merger, or split-off pursuant to paragraph (1) or (2), it shall issue a certificate of permission for location information business.
 Article 6-2 (Detailed Examination Standards by Examination Item When Granting Authorization for Takeover of Location Information Business, or Merger, etc. of Corporation)
(1) The detailed examination standards by examination item prescribed in Article 7 (2) of the Act shall be as listed in attached Table 2-3.
(2) Matters concerning evaluation methods, etc. regarding respective detailed examination standards under paragraph (1) shall be determined and publicly announced by the Korea Communications Commission.
[This Article Newly Inserted by Presidential Decree No. 26477, Aug. 3, 2015]
 Article 7 (Approval to Cease, Discontinue, etc. Location Information Business)
A person who intends to obtain approval to fully or partially cease or discontinue the business under Article 8 (1) or (2) of the Act shall file a written application for cessation or discontinuation of location information business (including an application form in an electronic format) with the Korea Communications Commission, together with the following documents (including electronic documents): <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
1. Documents through which the content of the business intended to be ceased or discontinued and the content of the main facilities can be confirmed (Such documents shall be submitted only in case of the partial cessation or discontinuation of the business);
2. Documents specifying a plan for notifying the subjects of personal location information on cessation or discontinuation of the business.
 Article 8 (Notification of Cessation or Discontinuation of Location Information Business)
(1) A location information provider who intends to cease or discontinue all or any of business pursuant to Article 8 (1) or (2) of the Act shall notify the subjects of personal location information of the following matters: <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
1. Content of business intended to be ceased or discontinued, and Grounds for such cessation or discontinuation;
2. Date of cessation or discontinuation. (including the date of resumption of business in case of cessation of business)
(2) Where intending to notify the subjects of personal location information of the cessation or discontinuation of the business pursuant to paragraph (1), the location information provider shall take the following measures: <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
1. Notification to the subjects of personal location information in writing, by e-mail or otherwise;
2. Publication on the Internet homepage at least thirty days.
 Article 8-2 (Destruction of Personal Location Information, etc. When Ceasing or Discontinuing Location Information Business)
Where destroying personal location information, or materials verifying the fact of collecting location information, pursuant to Article 8 (1) or (2) of the Act, it shall be required to take measures such as deletion, pulverization and incineration of the relevant records by using any such technical means as makes it impossible to reproduce them.
[This Article Newly Inserted by Presidential Decree No. 21237, Dec. 31, 2008]
 Article 9 (Reporting on Location-Based Service Business)
(1) A person who intends to report on a location-based service business pursuant Article 9 (1) of the Act shall file a written report on location-based service business (including a report form in an electronic format) with the Korea Communications Commission, together with the following documents (including electronic documents):
1. Business plan;
2. Documents by which the details and installation places of the main facilities for business may be confirmed;
3. Documents verifying measures for protecting location information under Article 16 of the Act.
(2) Upon receipt of a report pursuant to paragraph (1), the Korea Communications Commission shall confirm a corporation registration certificate or the business registration certificate through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where such person who files such report does not agree to confirmation of the business registration certificate, the Korea Communications Commission may have such person attach a copy thereof. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
 Article 10 (Reporting on Change)
(1) Deleted. <by Presidential Decree No. 21237, Dec. 31, 2008>
(2) A person who intends to report on any change pursuant to Article 9 (3) of the Act shall file a written report on the change of location-based service business (including a document in an electronic format) with the Korea Communications Commission, together with the following documents (including electronic documents):
1. Changed Business Plan;
2. Other documents by which such changed matter can be verified.
 Article 11 (Reporting on Takeover of Location-Based Service Business and Merger, etc. of Corporation)
(1) A person who intends to report on takeover of a location-based service business pursuant to Article 10 (1) of the Act shall file a written report on the takeover of location-based service business (including a document in an electronic format) with the Korea Communications Commission, together with the following documents (including electronic documents): <Amended by Presidential Decree No. 27933, Mar. 8, 2017>
1. Copy of the contract for transfer and takeover;
2. Business plan concerning a part amended by takeover of location-based service business.
(2) A person who intends to report on takeover of location-based service business pursuant to Article 10 (1) of the Act shall file a written report on the inheritance of location-based service business (including a document in an electronic format) with the Korea Communications Commission, together with the documents (including electronic documents) verifying such person is the inheritor thereof:
(3) A person who intends to report on a merger or split-off of a corporation which is a location-based service provider pursuant to Article 10 (1) of the Act shall file a written report on the merger or split-off of the relevant location-based service business (including a document in an electronic format) with the Korea Communications Commission, together with the following documents (including electronic documents): <Amended by Presidential Decree No. 27933, Mar. 8, 2017>
1. Copy of the contract for merger or split-off;
2. Business plan concerning a part amended by a merger or split-off of a corporation.
(4) Upon receipt of a report pursuant to paragraph (1) or (3), the Korea Communications Commission shall verify the corporation registration certificate or the business registration certificate through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where such person who makes the report does not agree to the confirmation of a business registration certificate, the Korea Communications Commission may have that person attach a copy thereof. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
 Article 12 (Reporting on Cessation or Discontinuation of Location-Based Service Business)
(1) A location information provider who intends to report on the cessation or discontinuation of all or any part of location-based service business pursuant to Article 11 (1) or (2) of the Act shall file a written application for cessation or discontinuation of location-based service business (including an application form in an electronic format) with the Korea Communications Commission, together with the following documents (including electronic documents):
1. Details of the business intended to be ceased or discontinued, and documents though which the content of main facilities can be verified (They shall be submitted only in case of cessation or discontinuation in part);
2. Documents verifying that the fact of cessation or discontinuation has been notified to the subjects of personal location information.
(2) Where intending to cease or discontinue all or any part of a location-based service business pursuant to Article 11 (1) and (2) of the Act, Articles 8 and 8-2 shall apply mutatis mitandis to the notification of cessation or discontinuation and the destruction of personal location information, etc. In such cases, “materials confirming the fact of having collected location information” shall be construed as “materials confirming the fact of having used and provided location information. <Amended by Presidential Decree No. 21237, Dec. 31, 2008; Presidential Decree No. 26477, Aug. 3, 2015>
 Article 13 (Reporting on Terms and Conditions on Use)
(1) A person who intends to report on the fees, conditions, etc, for the collection, use and provision of location information (hereinafter referred to as “terms and conditions on use”) pursuant to Article 12 (1) of the Act shall present the terms and conditions on use to the Korea Communications Commission not later than thirty days before the commencement of the relevant business.
(2) A person who intends to report on any amendment of the terms and conditions on use pursuant to the part of Article 12 (1) of the Act shall present the terms and conditions on use to the Korea Communications Commission not later than 10 days before such change.
 Article 14 (Detailed Standards for Administrative Dispositions, and Other Related Matters)
(1) The detailed standards for administrative dispositions under Article 13 (2) of the Act shall be as listed in attached Table 3.
(2) Where the Korea Communications Commission takes a disposition for the cancellation of any permission or authorization, the discontinuation of the business, or the suspension of the business pursuant to paragraph (1), it shall publicly announce such disposition without delay.
 Article 15 (Imposition Standards of Penalty Surcharges)
(1) "Sales of the relevant location information business or location-based service business” referred to in Article 14 (1) of the Act means the average annual sales of the relevant location information provider or location-based service provider (hereinafter referred to as “location information provider, etc.”) for the three business years immediately before the year (hereinafter referred to as “relevant business year”) when there occurs a violation by a location information provider, etc.: Provided, That where, as of the first day of the relevant business year, three years have not elapsed since the commencement of the business, such term means the amount calculated by converting the sales from the commencement date of the business until the last day of the relevant business year into the average annual sales, and where the business has been commenced in the relevant business year, that term means the amount calculated by converting the sales from the day of the business commencement until the day of the violation into the average annual sales.
(2) The imposition standards for penalty surcharges under Article 14 (1) of the Act shall be as listed in attached Table 4. <Amended by Presidential Decree No. 22265, Jul. 9, 2010>
(3) Deleted. <by Presidential Decree No. 22265, Jul. 9, 2010>
 Article 16 (Imposition and Payment Procedures for Penalty Surcharges)
(1) After investigating and confirming the relevant violation, the Korea Communications Commission intends to impose a penalty surcharge pursuant to Article 14 (1) of the Act, it shall notify such person subject to the imposition of the penalty surcharge to pay the penalty surcharge, specifying in writing the fact of the relevant violation, the imposed amount, the methods for objection, etc.
(2) Upon receipt of a notification pursuant to paragraph (1), a person shall pay the penalty surcharge to the collecting agency designated by the Korea Communications Commission within twenty days from the date of receipt of that notification: Provided, That where unable to pay the penalty surcharge within that period due to an act of God or other inevitable reasons, such person shall pay it within seven days from the day on which such situation ceases to exist.
 Article 17 (Extension of Time Limit for Payment of Penalty Surcharge, and Payment in Installments thereof)
(1) Where the amount of a penalty surcharge to be paid by a location information provider, etc. pursuant to Article 14 (1) of the Act exceeds three hundred million won and the person liable for paying the penalty surcharge is deemed to be unable to pay all of it at once due to a reason falling under any of the following subparagraphs, the Korea Communications Commission may extend the time limit for payment or allow that person to pay it in installments. In such cases, if deemed necessary, the Korea Communications Commission may require such person to furnish security:
1. Where a person has suffered significant damage to property due to a natural disaster, fire or otherwise;
2. Where the business of a person is in critical danger due to the deterioration of business conditions;
3. Where significant financial difficulty of a person is anticipated if it is required to make a lump sum payment of the penalty surcharge.
(2) A person who intends to either have the time limit of payment of a penalty surcharge extended, or pay a penalty surcharge in installments shall, not later than ten days before the time limit for payment, make an application therefor to the Korea Communications Commission, together with the documents verifying reasons for either extension of the time limit or payment in installments.
(3) The extension of the time limit for payment of a penalty surcharge may not exceed one year from the next day of the time limit.
(4) Where making payment in installments, an interval between each time of installment payment may not exceed four months and the number of installments may not exceed three.
(5) Articles 29 through 34 of the Framework Act on National Taxes and Articles 13 through 17 of the Enforcement Decree of the same Act shall apply mutatis mutandis to the provision of a security by a location information provider, etc., under the part other than each subparagraph of paragraph (1). In such cases, the head of a tax office shall be deemed to be the Korea Communications Commission. <Newly Inserted by Presidential Decree No. 21237, Dec. 31, 2008>
 Article 18 (Additional Charge)
Additional charges referred to in Article 14 (3) of the Act refers to the amount calculated by multiplying the amount of a penalty surcharge in arrears by 6/100 per annum. In such cases, the period for collecting an additional charge shall not exceed sixty months. <Amended by Presidential Decree No. 22742, Mar. 29, 2011>
 Article 19 (Urge for Payment of Penalty Surcharge)
(1) Urge for payment under Article 14 (4) of the Act shall be made in writing within seven days after the time limit for payment has elapsed.
(2) Where issuing an urging notice pursuant to paragraph (1), the time limit for the payment of a penalty surcharge in arrears shall be not later than ten days from the date of issuing such notice.
 Article 20 (Managerial and Technical Measures for Protection)
(1) Managerial measures prescribed in Article 16 (1) of the Act shall contain the details falling under each of the following subparagraphs:
1. Designation of persons responsible for managing location information;
2. Designation of persons authorized to have access at respective stages such as with respect to collection, use, provision, destruction, etc. of location information, and restrictions on their authority;
3. Preparation of procedures and guidelines for the treatment and management specifying the duties and responsibilities of persons in charge of treating location information;
4. Operation and management of a treatment ledger in which the facts of having provided location information, and other related matters are recorded;
5. Conduct of periodical self-inspections of protective measures for location information.
(2) Technical measures referred to in Article 16 (1) of the Act shall contain the details falling under each of the following subparagraphs:
1. Conduct of identification and accreditation through which authority to have access to location information and a location information system can be confirmed;
2. Measures such as encryption and firewall building to block unauthorized access to a location information system;
3. Operation of devices for electronic automatic recording and preservation of access to a location information system;
4. Installation and operation of security programs for preventing accidents of intruding into a location information system.
 Article 21 (Inspection of Protective Measures, etc. for Location Information)
A public official who inspects the preservation status of the contents and recordings of technical and managerial measures pursuant to Article 16 (3) of the Act shall notify a location information provider or location-based service provider of the matters falling under each of the following subparagraphs not later than three days before the inspection: Provided, That this shall not apply where any urgent measure is required due to reasons that there has occurred any accident of breaching personal location information or there has been filed a concrete petition against the breach of personal location information:
1. Grounds and purpose of the inspection;
2. Inspection date;
3. Personal information of the inspector;
4. Content of the inspection.
 Article 22 (Matters to be Specified in Terms and Conditions on Use When Collecting Location Information)
"Matters prescribed by Presidential Decree” in Article 18 (1) 5 of the Act means methods for collecting personal location information.
 Article 23 (Matters to Be Specified in Terms and Conditions on Use When Using and Providing Personal Location Information)
"Matters prescribed by Presidential Decree” referred to in Article 19 (1) 5 of the Act means matters concerning notification under Article 19 (3) of the Act.
 Article 24 (Notification of Fact of Having Provided Personal Location Information)
(1) Where a location-based service provider notifies any subject of personal location information about persons provided with their personal location information, and the date and purpose of such provision pursuant to Article 19 (3) and (4) of the Act (hereinafter referred to as “details of information provision”), such service provider shall do so by means of the relevant telecommunications terminal equipment by means of which the location information provider has collected the personal location information: Provided, That where falling under any of the following subparagraphs, such service provider may send such notification by means of the telecommunications terminal equipment, email address or otherwise specifically designated in advance by the relevant subjects of personal location information: <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
1. Where the relevant telecommunications terminal equipment does not have a function of receiving texts, voices or videos;
2. Where the subjects of personal location information make a request in advance that notification should be sent by means of any telecommunications terminal equipment, email address or otherwise, other than the relevant telecommunications terminal equipment by means of which the personal location information is collected.
(2) Where a location-based service provider intends to obtain consent from the subjects of personal location information pursuant to Article 19 (4) of the Act, such service provider shall give them a notice that they can be notified of the details of information provision to a third party, according to their decision between the method of being notified immediately thereof and the method of being notified thereof at once after collecting them. <Newly Inserted by Presidential Decree No. 26477, Aug. 3, 2015>
(3) After giving a notice under paragraph (2), a location-based service provider shall obtain consent to the contents falling under each of the following subparagraphs from the subjects of personal location information. In such cases, a location-based service provider shall obtain such consent separately, by distinguishing it from the consent under Article 19 (2): <Newly Inserted by Presidential Decree No. 26477, Aug. 3, 2015>
1. The number of times of collecting the details of information provision, after which, or the time interval at which, a notification can be made on a regular basis, pursuant paragraph (4);
2. The fact that change to the method of immediate notification under Article 19 (3) of the Act is possible if requested by the subjects of personal location information, and the methods for making such request.
(4) After collecting the details of information provision to a third party, a location-based service provider may make notifications after every following number of times, or at the following time interval: <Newly Inserted by Presidential Decree No. 26477, Aug. 3, 2015>
1. Number of times: the number of times corresponding to the multiples of ten, such as ten times, twenty times, thirty times, etc.;
2. Time interval: ten days, twenty days or thirty days.
(5) Where making a notification by means of the method under paragraph (4) 1, a location-based service provider shall make a notification after collecting such details of information provision as fall under each of the following subparagraphs every thirty days from the day of first providing the relevant personal location information to a third party. <Newly Inserted by Presidential Decree No. 26477, Aug. 3, 2015>
1. Details of information provision which remain after making a notification after collection pursuant to paragraph (4) 1;
2. Details of information provision which have not been notified because the number of times of having provided personal location information to third parties falls short of the number of times consented to pursuant to paragraph (4) 1.
 Article 25 (Request for and Provision of Location Information)
(1) A location-based service provider shall request a location information provider for personal location information pursuant to Article 20 (1) of the Act and specify the following matters:
1. Fact of having obtained consent from the subjects of personal location information;
2. Scope and period of personal location information.
(2) Where intending to provide the requested personal location information, a location information provider who receives a request under paragraph (1) shall confirm in advance whether or not the subjects of personal location information have given consent to such provision.
(3) Detailed matters concerning the procedures, methods, etc. for providing personal location information under Article 20 (2) of the Act may be determined and publicly announced by the Korea Communications Commission.
 Article 26 (Notification of Transfer, etc. of Business)
(1) Where notifying the subjects of personal location information of the transfer, merger, inheritance, etc, of the business, a location information provider, etc. shall take the following measures:
1. Notification to the subjects of personal location information in writing, by email or otherwise;
2. Publication on the Internet homepage for thirty or more days.
(2) Where a location information provider, etc. does not know the contact point of the relevant subjects of personal location information without any negligence or has any inevitable reasons, notification prescribed in paragraph (1) 1 may be replaced by making public notice at least one time in two or more general daily newspapers having the nationwide distribution areas under Article 9 (1) of the Act on the Promotion of Newspapers, Etc. (including daily newspapers where the principal distribution area is a particular district where the most of the subjects of personal location information live in such particular district) <Amended by Presidential Decree No. 22003, Jan. 27, 2010>
(3) "Matters prescribed by Presidential Decree” in subparagraph 3 of Article 22 of the Act means the following matters:
1. Matters concerning the rights and duties of the subjects of personal location information;
2. Matters concerning managerial or technical measures for protecting personal location information.
 Article 27 (Requirements for Consent to Use of Location Information for Protection of Child At the Age of Not More Than Eight Years etc.)
(1) In order to protect any other person falling under any of the subparagraphs of Article 26 (1) of the Act (hereinafter referred to as a “child at the age of not more than eight years, etc.”), a person who intends to give consent to the collection, use or provision of the personal location information of the child at the age of not more than eight years, etc., shall present a written consent to the relevant location information provider, etc., together with the documents verifying he/she is an obligator for protecting the child at the age of not more than eight years, etc.
(2) The following matters shall be entered in a written consent under paragraph (1), and the obligator for protection shall affix his/her signature and seal or affix his/her signature to the written consent:
1. Name, address and birth date of the child at the age of not more than eight years, etc.;
2. Name, address and contact point of the obligator for protection;
3. Fact that the purpose of the collection, use or provision of personal location information is limited to the protection of the life or body of the child at the age of not more than eight years, etc.;
4. Date of consent.
 Article 28 (Judgment concerning Whether There Exists any Situation Requiring Emergency Rescue and Relief)
Any emergency rescue and relief agency which receives a request for emergency rescue and relief pursuant to Article 29 (1) or (2) of the Act, or the National Police Agency, a local police agency and a police station under Article 2 of the Police Act (hereinafter referred to as “police agency”) may confirm the following matters from a person who makes such request for emergency rescue and relief, in order to judge whether or not there exists any situation requiring emergency rescue and relief: <Amended by Presidential Decree No. 24179, Nov. 15, 2012>
1. Name and contact point of the person who is in need of emergency rescue and relief;
2. Name and contact point of the person who makes a request for emergency rescue and relief, and relationship of such person with the person who is in need of emergency rescue and relief;
3. Other matters necessary for judgement concerning whether there exists any situation requiring emergency rescue and relief.
 Article 28-2 (Methods for Confirming Will of Person in Need of Rescue and Relief, and Other Related Matters)
(1) A police agency shall confirm the will of a person in need of rescue and relief by means of any methods falling under any of the following subparagraphs pursuant to Article 29 (3) of the Act:
1. Where a person who is in need of rescue and relief has informed in advance a police agency or a location information provider about a person who may make a report to a police agency on behalf of the former where there occurs to the former any situation requiring emergency rescue and relief, and has given consent to the provision of the former’s personal location information, any methods for confirming the aforementioned fact;
2. Where a person who is in need of rescue and relief has sent any other person a voice or text message or the like requesting rescue and relief, any methods for confirming the aforementioned fact;
3. In any cases other than those falling under subparagraph 1 or 2, any methods for directly communicating with a person in need of rescue and relief and verifying his/her will.
(2) Verification of the will by means of the method falling under any of the subparagraphs of paragraph (1) shall be conducted before requesting a location information provider for providing the relevant personal location information: Provided, That where there is a likelihood to cause any significant danger of the life or body of the person in need of rescue and relief, such confirmation of the will by means of any methods referred to in paragraph (1) 3 may be conducted after making a request for the provision of the relevant personal location information.
(3) The subjects of personal location information may withdraw the consent under paragraph (1) 1 at any time. In such cases, the police agency and the location information provider shall destroy the relevant information without delay.
(4) A police agency may establish and operate an information system to electronically treat the affairs of confirming the will by means of any methods referred to in paragraph (1) 1, and also may utilize such system in common with location information providers.
(5) Where establishing and operating an information system under paragraph (4), a police agency shall limit the number of those persons eligible to connect the information system to the minimum extent necessary for performing the relevant affairs, and shall install safety devices to prevent the leakage, alteration, damage etc. of personal information and the access of unauthorized persons thereto.
[This Article Newly Inserted by Presidential Decree No. 24179, Nov. 15, 2012]
 Article 29 (Special Phone Number Services)
"Special phone numbers prescribed by Presidential Decree” in Article 29 (4) of the Act means the following special phone numbers assigned according to the management plans for telecommunications numbers under Article 48 of the Telecommunications Business Act: <Amended by Presidential Decree No. 22424, Oct. 1, 2010; Presidential Decree No. 24179, Nov. 15, 2012>
1. Special telephone number for reporting urgent matters for petition such as fires, rescue and relief, and emergency medical services (excluding those matters falling under subparagraph 2): 119;
2. Special telephone number for reporting urgent matters for petition such as accidents in seas: 122;
3. Special telephone number for reporting urgent matters for petition such as rescue and relief from criminal harm, etc.: 112.
 Article 30 (Methods and Procedures for Issuing Warning)
(1) An emergency rescue and relief agency which intends to request location information providers to issue a warning to pursuant to Article 29 (7) of the Act shall provide a written request for issuance of a warning (including a written request in a form of an electronic document) to location information providers: <Amended by Presidential Decree No. 24179, Nov. 15, 2012>
1. Grounds for requesting the issuance of a warning;
2. Subject areas to which a warning is intended to be issued;
3. Time, interval and frequency of the issuance of a warning;
4. Other matters which serve as good references for the issuance of a warning.
(2) Where intending to request a location information provider to issue a warning pursuant to paragraph (1), an emergency rescue and relief agency shall make a request for the issuance of a warning through a location information system equipped with the following:
1. Devices for automatic recording and preservation of requests for the issuance of a warning;
2. Safety devices for preventing the leakage, alteration, damage, etc. of personal location information and the access of unauthorized persons thereto.
(3) A location information provider who receives a written request for the issuance of a warning pursuant to paragraph (1) shall issue a warning through a location information system.
 Article 30-2 (Preservation of Matters Related to Requests for Provision of Personal Location Information)
(1) Where making a request for the provision of personal location information, a police agency shall electronically record and preserve the matters falling under any of the following subparagraphs pursuant to Article 29 (9) of the Act. The same shall apply to an emergency rescue and relief agency:
1. Matters falling under any of the subparagraphs of Aricle 29 (9) of the Act: Provided, That matters falling under subparagraph 3 or 4 of the same paragraph shall be only applicable in case of a police agency;
2. Records of connecting a location information system.
(2) Among matters under Article 29 (9) 3 of the Act as recorded and preserved pursuant to paragraph (1), personal location information shall be deleted after three months from the recording and preservation date thereof.
[This Article Wholly Amended by Presidential Decree No. 24179, Nov. 15, 2012]
 Article 30-3 (Restrictions on Location Information System, and other Related Matters)
An emergency rescue and relief agency and a police agency shall limit the number of persons eligible to connect an location information system under Article 30 (1) to the minimum extent necessary for performing the relevant affairs, and shall install safety devices to prevent the leakage, alteration, damage etc. of personal information and the access of unauthorized persons thereto.
[This Article Newly Inserted by Presidential Decree No. 24179, Nov. 15, 2012]
 Article 30-4 (Reporting to National Assembly)
(1) In accordance with Article 30 (2) of the Act, an emergency rescue and relief agency and a police agency shall submit materials as classified in the following subparagraphs to the Public Administration and Security Committee of the National Assembly within thirty days after the end of each half-year: <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
1. Materials referred to in Article 29 (1) and (2) of the Act:
(a) Number and dates of requests made to location information providers for providing personal location information;
(b) Telephone numbers in respect of whose users location information providers were requested to provide personal location information;
(c) Location information providers who provided personal location information;
2. Materials referred to in Article 29 (11) of the Act:
(a) Persons who made a request for personal location information;
(b) Number and dates of cases of either having been requested for or having provided personal location information;
(c) Telephone numbers in respect of whose users personal location information was requested or provided;
(d) Relevant statutory provisions which constitute the basis for the request or provision.
(2) In accordance with Article 30 (2) of the Act, a location information provider shall submit the following materials to the Science, ICT, Future Planning, Broadcasting and Communications Committee of the National Assembly within thirty days after the end of each half-year: <Newly Inserted by Presidential Decree No. 26477, Aug. 3, 2015>
1. Number and dates of cases of having provided personal location information to emergency rescue and relief and police agencies;
2. Telephone numbers in respect of whose users personal location information was provided to emergency rescue and relief and police agencies;
3. Emergency rescue and relief agencies and police agencies which made requests for personal location information.
(3) Materials referred to in paragraphs (1) and (3) shall either be transmitted in a form of an electronic file by using any information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., or be recorded and submitted in an electronic information storage medium in and from which the contents of such materials can be recorded and preserved, and printed. <Amended by Presidential Decree No. 26477, Aug. 3, 2015>
[This Article Newly Inserted by Presidential Decree No. 24179, Nov. 15, 2012]
 Article 31 (Scope, etc. of Research Institutes)
The research institutes that the Minister of Science, ICT and Future Planning or the Korea Communications Commission may allow to conduct projects for research and development pursuant to Article 33 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 21692, Aug. 18, 2009; Presidential Decree No. 21698, Aug. 21, 2009; Presidential Decree No. 22265, Jul. 9, 2010; Presidential Decree No. 24445, Mar. 23, 2013>
1. The National Information Society Agency prescribed in Article 14 of the Framework Act on National Informatization;
2. The National IT industry Promotion Agency prescribed in Article 26 of the Information and Communications Technology Industry Promotion Act;
5. Other research institutes whose establishment purpose is to develop technologies and equipment relating information communications networks and which are determined and publicly announced by the Minister of Science, ICT and Future Planning or the Korea Communications Commission.
 Article 32 (Procedures for Standardization)
Where the Minister of Science, ICT and Future Planning establishes standards for collecting, using or providing location information pursuant to Article 34 (1) of the Act, he/she shall refer them for deliberation to the Deliberation Committee for Broadcasting Communications Standards under Article 22 (3) of the Enforcement Decree of the Framework Act on Broadcasting Communications Development. <Amended by Presidential Decree No. 24445, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23875, Jun. 25, 2012]
 Article 33 (Project Relating to Use Promotion, etc. of Location Information)
The projects which the Korea Communication Commission may conduct pursuant to Article 35 (1) of the Act shall be as follows:
1. Projects for supporting research on the legal and institutional improvements for protecting location information and vitalizing location information business and location-based service business (hereinafter referred to as “location information business, etc.”);
2. Projects for creating a foundation for vitalizing location information business, etc. such as development and distribution of technologies related to location information;
3. Projects on leading and application technologies for fostering location information, and projects for supporting relevant research;
4. Projects for the quality improvement and evaluation of location information business, etc.;
5. Projects for creating a foundation for using location information for public purposes, such as development of technologies and equipment for using location information for public purposes;
6. Demonstration projects for efficient utilization and distribution of such technologies, equipment and application services as related to location information;
7. Projects related to standardization for protection, and collection, use and provision of location information;
8. Other necessary projects concerning the protection of location information and the creation of environment for the use thereof.
 Article 34 (Requirement for Submission of Materials)
"Cases prescribed by Presidential Decree” in Article 36 (1) 3 of the Act means cases where there have occurred or are highly likelihood to occur incidents or accidents impairing any right or interest concerning location information of individuals or the owners of mobile articles.
[This Article Wholly amended by Presidential Decree No. 26477, Aug. 3, 2015]
 Articles 35 through 37 Deleted. <by Presidential Decree No. 26477, Aug. 3, 2015>
 Article 37-2 (Entrustment of Affairs)
(1) In accordance with Article 38 (2) of the Act, the Korea Communications Commission shall entrust the following affairs to the Korea Internet & Security Agency under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.:
1. Affairs for examination of the contents of technical and managerial measures and the preservation status of records under Article 16 (3) of the Act (limited to technical support affairs);
2. Affairs for demanding the submission of material, and inspection under Article 36 (1) and (2) of the Act (limited to technical support affairs).
(2) In accordance with Article 38 (2) of the Act, the Korea Communications Commission shall entrust affairs for standardization promotion under Article 34 of the Act to the Telecommunications Technology Association under Article 34 of the Framework Act on Broadcasting Communications Development.
[This Article Wholly Amended by Presidential Decree No. 26477, Aug. 3, 2015]
 Article 37-3 (Processing of Personally Identifiable Information)
(1) The Korea Communications Commission (including a person who is either delegated with authority, or entrusted with affairs, of the Korea Communications Commission pursuant to Article 38 of the Act) may, if inevitable to perform those affairs falling under each of the following subparagraphs, process the data containing resident registration numbers or foreigner registration numbers under the subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 26477, Aug. 3, 2015>
1. Affairs concerning permission for, permission for change of, and reporting on change of, location information business under Article 5 of the Act;
2. Affairs concerning verification of grounds for disqualification for executives under Article 6 of the Act;
3. Affairs concerning authorization of takeover of location information business, and the merger, etc. of a corporation under Article 7 of the Act;
4. Affairs concerning approval for cessation or discontinuation of location information business under Article 8 of the Act;
5. Affairs concerning reporting on, and reporting on change of, location-based service business under Article 9 of the Act;
6. Affairs concerning authorization of takeover of location-based service business, and the merger, etc. of a corporation under Article 10 of the Act;
7. Affairs concerning reporting on the cessation or discontinuation of location-based service business under Article 11 of the Act;
8. Affairs concerning cancellation of permission, suspension of business, and the like under Article 13 of the Act;
9. Affairs concerning imposition and collection of penalty surcharges under Article 14 of the Act;
10. Affairs concerning examination under Article 16 (3) of the Act;
11. Affairs concerning extension of the time limit for payment of penalty surcharges and concerning payment in installments thereof, under Article 17 of the Act;
12. Affairs concerning demand for the submission of materials and concerning inspection, under Article 36 of the Act.
(2) Where inevitable to perform affairs concerning the use of personal location information for emergency rescue and relief under Article 29 of the Act, an emergency rescue and relief agency or police agency may process such data as containing resident registration numbers or foreigner registration number under the subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014>
[This Article Newly Inserted by Presidential Decree No. 24317, Jan. 16, 2013]
 Article 38 (Imposition Standards for Administrative Fines)
Imposition standards for administrative fines under the provisions of Article 43 (1) through (3) of the Act shall be as listed in attached Table 5.
[This Article Wholly Amended by Presidential Decree No. 22265, Jul. 9, 2010]
 Article 39 (Joint Use of Administrative Information)
Where it is possible to verify information related to any accompanying documents through the joint use of administrative information under Article 36 (1) of the Electronic Government Act, such confirmation shall be in lieu of the accompanying documents to be submitted pursuant to Articles 2 (2), 5 (2) and (4), 6 (1) and (2), 7, 9, 10 (2), 11 and 12 (1). <Amended by Presidential Decree No. 21237, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Relations with Other Acts and Subordinate Statutes)
The references in other Acts and subordinate statutes to the formal “Enforcement Decree of the Act on the Protection, Use, etc. of Location Information” or “Enforcement Rule of the Act on the Protection, Use, etc. of Location Information”, or any provisions thereof as at the time when this Decree enters into force shall be deemed to refer to this Decree or the equivalent provisions in lieu of the previous provisions, where there are any equivalent provisions in this Decree.
ADDENDUM <Presidential Decree No. 21237, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on Aug. 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on Aug. 23, 2009.
Articles 2 through 4 Omitted.
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. 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. 22265, Jul. 9, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Administrative Dispositions)
(1) The formal provisions of this Decree shall apply to the standards for imposition of administrative dispositions (including the standards for imposition of penalty surcharges) against the violations committed before this Decree enters into force.
(2) The administrative dispositions imposed due to the violations committed before this Decree enters into force shall not be counted in the number of violations under the amended provisions of attached Table 3.
Article 3 (Transitional Measures concerning Administrative Fines)
(1) Where imposing administrative fines against the violations committed before this Decree enters into force, the formal provisions shall apply.
(2) No administrative dispositions received due to the violations committed before this Decree enters into force shall be counted in the number of violations under the amended provisions of attached Table 5.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22742, Mar. 29, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23875, Jun. 25, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24179, Nov. 15, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24317, Jan. 16, 2013>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on Aug. 7, 2014.
ADDENDUM <Presidential Decree No. 26477, Aug. 3, 2015>
This Decree shall enter into force on Aug. 4, 2015.
ADDENDA <Presidential Decree No. 27933, Mar. 8, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability of Report on Takeover of Location-Based Service Business or Merger or Split-Off of Corporation)
Amended provisions of Article 11 (1) 2 and (3) 2 shall also apply to where location-based service business is taken over or a corporation of location-based service provider is merged or split off before this Presidential Decree enters into force, and a written report on such takeover or a written report on such merger or split-off is submitted.
Article 3 (Transitional Measures concerning Period to Notify of Whether Location Information Business is Permitted)
Notwithstanding the amended provisions of Article 2 (5), the previous provisions shall be applied to an applicant who has filed a written application for permission for location information business as at the time this Presidential Decree enters into force.