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FRAMEWORK ACT ON BROADCASTING COMMUNICATIONS DEVELOPMENT

Act No. 10165, Mar. 22, 2010

Amended by Act No. 10193, Mar. 31, 2010

Act No. 11200, Jan. 17, 2012

Act No. 11373, Feb. 22, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12034, Aug. 13, 2013

Act No. 12720, jun. 3, 2014

Act No. 12743, jun. 3, 2014

Act No. 13072, Jan. 20, 2015

Act No. 13539, Dec. 1, 2015

Act No. 13581, Dec. 22, 2015

Act No. 14574, Mar. 14, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the enhancement of public welfare and the development of broadcasting communications, by ensuring the public benefit and public nature of broadcasting communications in response to a new communications environment in which broadcasting and telecommunications are merged, and by prescribing matters regarding the promotion of broadcasting communications, technical standards for broadcasting communications, disaster management, etc.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013>
1. The term "broadcasting communications" means transmission (including transmission to the general public) or reception of content for broadcasting communications by a wired, wireless, optical, or other electronic system and a series of activities accompanying such transmission and reception, and includes the following:
(a) Broadcasting as defined in Article 2 of the Broadcasting Act;
(b) Internet multimedia broadcasting as defined in Article 2 of the Internet Multimedia Broadcast Services Act;
(c) Telecommunications as defined in Article 2 of the Framework Act on Telecommunications;
2. The term "content for broadcasting communications" means codes, letters, voice, sound, and images transmitted or received by a wired, wireless, optical, or other electronic system;
3. The term "broadcasting communications facility" means a machine, apparatus, cable, or any other facility necessary for broadcasting communications;
4. The term "instrument or material for broadcasting communications" means a device, instrument, part, filament, or any other instrument or material used for broadcasting communications facilities;
5. The term "broadcasting communications services" means rendering direct broadcasting communications services, or assisting another person in rendering broadcasting communications services with broadcasting communications facilities, or providing another person with broadcasting communications facilities for any of such purposes;
6. The term "broadcasting communications service provider" means a person who provides broadcasting communications services after reporting to or registering with, or obtaining approval or permission from, the Minister of Science, Information and Communications Technology (ICT) and Future Planning or the Korea Communications Commission, or after undergoing similar procedures in compliance with relevant statutes.
 Article 3 (Public Benefit, Public Nature, etc. of Broadcasting Communications)
The State and each local government shall endeavor to accomplish the following objectives in order to fulfill public responsibilities based on the public benefit and public nature of broadcasting communications:
1. Enhancement of public welfare, balanced development between regions or classes, and formation of sound social communities through broadcasting communications;
2. Promotion of a sound culture for broadcasting communications and creation of a proper environment for the use of broadcasting communications;
3. Encouragement of the development of technology and services for broadcasting communications and creation of an environment for fair competition;
4. Prevention of alienation of social minorities or the socially marginalized;
5. Promotion of pluralism and diversity of the media environment by means of broadcasting communications;
6. Formulation and implementation of policies on broadcasting communications through transparent and open decision-making.
 Article 4 (Protection of Rights and Interests of Viewers and Users)
(1) No broadcasting communications service provider shall discriminate against viewers or users without a justifiable cause in rendering broadcasting communications services.
(2) Every broadcasting communications service provider shall endeavor to enhance the convenience of viewers and users through broadcasting communications.
(3) No one shall undermine another person’s reputation or violate another person's rights without a justifiable cause by means of broadcasting communications.
 Article 5 (Principles in Regulating Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall endeavor to apply equal regulations to services deemed identical, comprehensively considering the distinct characteristics of, or technology for, broadcasting communications services or the forms in which services are rendered to viewers and users, etc. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall establish an internal annual evaluation plan for the regulation of broadcasting communications, conduct evaluations, and establish and announce a plan necessary to rationalize the regulation of broadcasting communications based on the findings of such evaluations. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 6 (Relationship with Other Acts)
Except as otherwise expressly provided for in other Acts, broadcasting communications shall be governed by the provisions of this Act.
CHAPTER II DEVELOPMENT OF BROADCASTING COMMUNICATIONS AND ENHANCEMENT OF PUBLIC WELFARE
 Article 7 (Establishment of Policies for Development of Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall draw up basic and comprehensive national policies necessary for the enhancement of public welfare and development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Korea Communications Commission shall establish and implement a specific plan for supporting minorities or the socially marginalized in order to prevent them from being unfavorably treated or alienated in broadcasting communications on the grounds of their economic, geographic, or physical differences. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall establish and implement policies necessary to encourage citizens to become involved in broadcasting communications and pursue diverse cultures through broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall establish and implement policies necessary to ensure that citizens can enjoy universal and basic broadcasting communications services. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall establish and implement policies necessary to prevent defamation of citizens or violation of their rights through broadcasting communications and to protect their information. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall establish and implement policies on the evaluation of the quality of broadcasting communications services, education and public relations activities related thereto, so that all citizens can use broadcasting communications services efficiently and safely. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 8 (Establishment of Master Plan for Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall establish and publicly announce a master plan for broadcasting communications (hereinafter referred to as "master plan") for the enhancement of citizens' welfare through broadcasting communications and smooth development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The master plan shall include the following:
1. Matters concerning broadcasting communications services;
2. Matters concerning content for broadcasting communications;
3. Matters concerning broadcasting communications facilities, and wired and wireless networks used for broadcasting communications;
4. Matters concerning advertisements through broadcasting communications;
5. Matters concerning the promotion of broadcasting communications technology;
6. Matters concerning the rendering of universal broadcasting communications services and securing of the public nature of such services;
7. Matters concerning inter-Korean and international cooperation in broadcasting communications;
8. Other basic matters concerning broadcasting communications.
(3) The specific scope of the matters referred to in paragraph (2) 2 and 4 shall be prescribed by Presidential Decree, after consultation among the Minister of Science, ICT and Future Planning, the Minister of Culture, Sports and Tourism, and the Korea Communications Commission. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Deleted. <by Act No. 11690, Mar. 23, 2013>
 Article 9 (Designation of Dedicated Institutions)
(1) If necessary for the efficient implementation and execution of the master plan, the Minister of Science, ICT and Future Planning and the Korea Communications Commission may designate an institution dedicated to relevant duties for each field (hereinafter referred to as "dedicated institution") and may provide subsidies to cover expenses incurred in performing such duties. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Further details concerning the designation of dedicated institutions and the procedures therefor shall be prescribed by Presidential Decree.
 Article 10 (Development of Indexes and Indicators Regarding Broadcasting Communications)
The Minister of Science, ICT and Future Planning or the Korea Communications Commission may develop and publish indexes and indicators related to broadcasting communications in order to furnish comprehensive information on the comparison of broadcasting communications, including broadcasting communications services, with international standards and the use of broadcasting communications and to establish related policies. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 11 (Creation of Environment for Fair Competition)
(1) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall endeavor to create an environment for efficient and fair competition in the broadcasting communications market. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning or the Korea Communications Commission may conduct evaluations of the current status of competition in the broadcasting communications market in order to establish policies on competition aimed at establishing an efficient competition system in the broadcasting communications market and creating an environment for fair competition. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Specific standards and procedures for, and methods of evaluations of the current status of competition under paragraph (2) shall be prescribed by Presidential Decree.
 Article 12 (Assistance in Production, Distribution, etc. of Content for Broadcasting Communications)
(1) The Government shall render assistance so that content for broadcasting communications can be distributed, used, or exported through a variety of broadcasting communications media.
(2) The Government shall establish and implement a plan for the promotion of content for broadcasting communications, including matters regarding the assistance in the production of content for broadcasting communications, improvement of its distribution structure and inducement of its sound use.
 Article 13 (Sophistication of Wired and Wireless Networks for Broadcasting Communications)
The Minister of Science, ICT and Future Planning shall endeavor to ensure sophistication of wired and wireless networks for broadcasting communications so that a variety of broadcasting communications services can be provided to citizens in a stable manner to meet their needs, and shall establish and implement policies necessary therefor. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 14 (Development of Broadcasting Communications Infrastructure and Assistance in Development)
(1) The Minister of Science, ICT and Future Planning may render assistance to broadcasting communications service provider in jointly developing physical and technical infrastructure necessary for broadcasting communications (hereinafter referred to as "broadcasting communications infrastructure"), such as a broadcast production complex. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Government may have the infrastructure developed for broadcasting communications under paragraph (1) linked to that for other industries for better operations.
 Article 15 (Korea Association for Information and Communications Technology Promotion)
(1) For the development of information and communications, information and communications service provider and persons who run a business related to information and communications networks may establish Korea Association for ICT Promotion (hereinafter referred to as "KAIT") under authorization from the Minister of Science, ICT and Future Planning, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The KAIT shall be a corporation.
(3) Except as otherwise expressly provided for in this Act, provisions governing incorporated associations in the Civil Act shall apply mutatis mutandis to the KAIT.
(4) The Government may grant subsidies to the KAIT, within budgetary limits, if necessary for the KAIT to conduct its business activities.
(5) Matters necessary for the business activities and supervision of the KAIT shall be prescribed by Presidential Decree.
CHAPTER III PROMOTION OF BROADCASTING COMMUNICATIONS
 Article 16 (Development of Broadcasting Communications Technology)
The Minister of Science, ICT and Future Planning shall establish and implement a policy on the following to ensure the development of broadcasting communications services through the promotion of broadcasting communications technology: <Amended by Act No. 11690, Mar. 23, 2013>
1. Matters concerning the survey on the level of broadcasting communications technology, the research and development of technology, and the evaluation and use of technology developed;
2. Matters concerning cooperation and guidance in, and transfer of, broadcasting communications technology;
3. Matters concerning standardization of broadcasting communications technology and introduction of new broadcasting communications technology;
4. Matters concerning the smooth distribution of information on broadcasting communications technology;
5. Matters concerning international cooperation in broadcasting communications technology;
6. Other matters concerning the development of broadcasting communications technology.
 Article 17 (Management of Information on Broadcasting Communications Technology)
(1) The Minister of Science, ICT and Future Planning shall draw up a plan for the systematic and comprehensive management and dissemination of information on broadcasting communications technology in order to promote its development. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning may make a prior announcement of new broadcasting communications technology for the smooth development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 18 (Support to Research Institutes, etc.)
(1) In order to develop of broadcasting communications, the Minister of Science, ICT and Future Planning and the Korea Communications Commission shall establish and implement policies necessary to provide financial support to institutions and organizations conducting research on broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The scope of institutions and organizations eligible for the support under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 19 (Assistance in Research Activities)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission may render assistance in research activities, such as the selection of research subjects relating to broadcasting communications technology, if necessary for the research and development of broadcasting communications technology. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for assistance in research activities under paragraph (1) shall be prescribed by Presidential Decree.
 Article 20 (Technical Guidance)
(1) If necessary to apply accurate systems and specifications of broadcasting communications facilities from the production stage and to assure the quality of broadcasting communications services, the Minister of Science, ICT and Future Planning may provide technical instruction, in terms of standardization of technologies, technical training, sharing of information, or cooperation with international organizations, to persons who engage in producing broadcasting communications facilities or information and communications construction business operators under the Information and Communications Construction Business Act. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Persons eligible for technical instruction under paragraph (1), the details thereof, and other necessary matters shall be prescribed by Presidential Decree.
 Article 21 (Training of Professionals in Broadcasting Communications)
The Minister of Science, ICT and Future Planning shall establish and implement plans for the following in order to train professionals necessary for the development of broadcasting communications: <Amended by Act No. 11690, Mar. 23, 2013>
1. Ascertaining the status of demand for professionals in broadcasting communications technology and broadcasting communications services (hereafter referred to as "professionals") and forecasting the mid- to long-term demand for, and supply of, such professionals;
2. Supporting programs for training professionals;
3. Supporting institutions specializing in training professionals;
4. Supporting the development and dissemination of programs for training professionals;
5. Supporting the establishment of qualification systems for broadcasting communications technology and supply of professionals;
6. Supporting programs on broadcasting communications technology and broadcasting communications services, offered by schools at different levels and other educational institutions;
7. Expanding education on broadcasting communications technology and broadcasting communications services for the general public;
8. Other matters necessary to train professionals.
 Article 22 (Inter-Korean Exchanges and Cooperation in Broadcasting Communications)
(1) The Government shall endeavor to enhance mutual exchanges and cooperation between North and South Korea in the broadcasting communications sector.
(2) The Korea Communications Commission shall establish a committee for the promotion of inter-Korean exchange in broadcasting communications under its control in order to promote inter-Korean exchange and cooperation in broadcasting communications.
(3) Matters necessary for the composition and operation of the committee under paragraph (2) shall be prescribed by Presidential Decree.
 Article 23 (International Cooperation in Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall understand international trends in the field of broadcasting communications and promote international cooperation. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Government may render assistance in international joint production and distribution of broadcasting communications content, international exchanges of technologies and human resources for broadcasting communications, international standardization of broadcasting communications, and projects for international joint research and development of broadcasting communications.
(3) The Minister of Science, ICT and Future Planning or the Korea Communications Commission may render assistance in international cooperation by the private sector in the field of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER IV BROADCASTING COMMUNICATIONS DEVELOPMENT FUND
 Article 24 (Establishment of Broadcasting Communications Development Fund)
The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall establish Broadcasting Communications Development Fund (hereinafter referred to as the "Fund") in order to support the development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 25 (Creation of Fund)
(1) The Fund shall be created with the following financial resources:
1. Government’s contributions and loans;
2. Charges collected under Article 7 (2) of the Radio Waves Act, considerations for the allocation of frequencies under Article 11 (1) of the same Act (including cases to which the aforesaid paragraph shall apply mutatis mutandis under Article 16 (4) of the same Act), a security deposit under Article 11 (5) of the same Act, and the amount calculated under Article 17 (2) of the same Act;
3. Charges collected under paragraphs (2) through (4);
4. Contributions by broadcasting business entities;
5. Revenues accruing from the operation of the Fund;
6. Other revenues prescribed by Presidential Decree.
(2) The Korea Communications Commission may collect a charge, from each terrestrial broadcasting service provider and each service provider using a broadcasting channel for general programming or specialized news programming under the Broadcasting Act, in the amount calculated by multiplying the sales revenue from broadcast advertisement for the previous year by a collection rate determined and publicly notified by the Korea Communications Commission within up to 6/100. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12034, Aug. 13, 2013; Act No. 13072, Jan. 20, 2015>
(3) The Minister of Science, ICT and Future Planning may collect a charge, from each CATV broadcasting service provider and each satellite broadcasting service provider under the Broadcasting Act and each Internet multimedia broadcasting service provider under the Internet Multimedia Broadcast Services Act, in the amount calculated by multiplying the sales revenue from broadcasting services for the previous year by a collection rate determined and publicly notified by the Minister of Science, ICT and Future Planning within up to 6/100. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12034, Aug. 13, 2013; Act No. 13072, Jan. 20, 2015>
(4) The Minister of Science, ICT and Future Planning may collect a charge, from each service provider using a broadcasting channel for specialized content such as introduction and sales of products, in the amount calculated by multiplying the operating profit at the closing of accounts for the previous year by a collection rate determined and publicly notified by the Minister of Science, ICT and Future Planning within up to 15/100. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12034, Aug. 13, 2013; Act No. 13072, Jan. 20, 2015>
(5) The Minister of Science, ICT and Future Planning and the Korea Communications Commission may remit or reduce the charge under paragraph (1) 3 for a person whose scale of business or capacity to pay the charge falls short of a certain standard, and may apply differential rates for broadcasting communications service provider in light of the public nature and profitability of broadcasting communications and financial condition of each broadcasting communications service provider, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13072, Jan. 20, 2015>
(6) If a person obligated to pay a charge under any provision of paragraphs (2) through (4) fails to make payment by the deadline, the Minister of Science, ICT and Future Planning and the Korea Communications Commission may impose a surcharge of up to 5/100 of the amount in arrears, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(7) If a person obligated to pay a charge under paragraph (1) 3 and a surcharge under paragraph (6) fails to make payment by the deadline, the Minister of Science, ICT and Future Planning and the Korea Communications Commission shall collect them in the same manner as delinquent national taxes are collected. <Amended by Act No. 11690, Mar. 23, 2013>
(8) Matters necessary for the calculation, collection, etc. of the charges under paragraphs (2) through (7) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13072, Jan. 20, 2015>
 Article 25-2 (Objection to Charges)
(1) Where a person on whom charges were imposed pursuant to Article 25 (2) through (5) has an objection to the charges imposed, he/she may raise an objection with the Minister of Science, ICT and Future Planning or the Korea Communications Commission within 60 days from such imposition.
(2) Upon receipt of an application for objection under paragraph (1), the Minister of Science, ICT and Future Planning or the Korea Communications Commission shall deliberate thereon within 30 days from such receipt and notify the applicant of the result thereof in writing.
(3) A person who has an objection to the imposition of charges pursuant to Article 25 (2) through (5) may file an administrative appeal under the Administrative Appeals Act or initiate an administrative litigation under the Administrative Litigation Act, regardless of whether the objection pursuant to paragraph (1) has been filed or not.
[This Article Newly Inserted by Act No. 13581, Dec. 22, 2015]
 Article 26 (Use of Fund)
(1) The Fund shall be used for any of the following projects: <Amended by Act No. 11373, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12743, Jun. 3, 2014>
1. Projects for the research and development of broadcasting communications;
2. Projects for the development, establishment, and dissemination of standards for broadcasting communications;
3. Projects for training professionals in broadcasting communications;
4. Projects for boosting broadcasting communications services and developing infrastructure for broadcasting communications services;
5. Supporting broadcasting communications operated for public interests and public services;
5-2. Supporting the production of broadcasting programs for public interests pursued by terrestrial broadcasting service provider for a local network and small- and medium-sized terrestrial broadcasting service provider under Article 22 of the Act on Broadcast Advertising Sales Agencies, Etc.;
6. Supporting the production and distribution of content for broadcasting communications;
7. Supporting broadcast programs produced by viewers and media education;
8. Projects for providing remedies for damage sustained by viewers and users and for enhancing their rights and interests;
9. Rendering assistance for the development of advertisements through broadcasting communications;
9-2. Providing subsidies to cover expenses incurred in operating the committee for the balanced development of broadcast advertising under Article 23 (7) of the Act on Broadcast Advertising Sales Agencies, Etc.;
10. Rendering assistance to those alienated from broadcasting communications to facilitate their access to broadcasting communications;
11. Supporting international exchanges and cooperation and inter-Korean exchanges and cooperation in broadcasting communications;
12. Supporting overseas broadcasting in the Korean language;
13. Compensation for losses under Article 7 (1) of the Radio Waves Act;
14. Consideration for the allocation of frequencies, which shall be refunded under Article 7 (5) of the Radio Waves Act;
15. Rendering support for the implementation of the plans for supporting the development of local broadcasts under Article 7 of the Special Act on Assistance in Development of Regional Broadcasting;
16. Other projects deemed necessary for the development of broadcasting communications.
(2) The Minister of Science, ICT and Future Planning and the Korea Communications Commission may use part of the Fund as financial resources for loans and investments made to enhance the public nature of broadcasting communications, promoting the development of broadcasting communications, and for improving the welfare of viewers. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a person who uses the Fund uses it for purposes other than those for which the Fund was provided, the Minister of Science, ICT and Future Planning and the Korea Communications Commission may recover the Fund spent for other than such purpose. <Newly Inserted by Act No. 14574, Mar. 14, 2017>
(4) Where a person whom the disposition of recovery under paragraph (3) was imposed on fails to pay his/her due by the deadline, the Minister of Science, ICT and Future Planning and the Korea Communications Commission may press him/her for payment for a prescribed period and, where he/she fails to pay it for such prescribed period, it may be recovered in the same manner as national taxes are collected. <Newly Inserted by Act No. 14574, Mar. 14, 2017>
 Article 27 (Management and Operation of Fund)
(1) The Fund shall be managed and operated by the Minister of Science, ICT and Future Planning and the Korea Communications Commission. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A Council for the Operation of the Broadcasting Communications Development Fund shall be established for the fair and efficient management and operation of the Fund.
(3) The Council for the Operation of the Broadcasting Communications Development Fund shall be composed of up to ten members who shall be appointed by the Minister of Science, ICT and Future Planning, after a prior consultation with the Korea Communications Commission. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Matters necessary for the composition and operation of the Council for the Operation of the Broadcasting Communications Development Fund shall be prescribed by Presidential Decree.
(5) The Minister of Science, ICT and Future Planning and the Korea Communications Commission may entrust some of the duties related to the collection, operation, and management of the Fund to an institution or organization related to broadcasting communications services, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(6) Further details necessary for the operation and management of the Fund shall be prescribed by Presidential Decree.
CHAPTER V TECHNICAL STANDARDS, ETC. FOR BROADCASTING COMMUNICATIONS
 Article 28 (Technical Standards)
(1) A person who installs and operates broadcasting communications facilities shall ensure that such facilities meet the technical standards prescribed by Presidential Decree.
(2) When a broadcasting communications service provider installs the broadcasting communications facilities specified and publicly notified by the Minister of Science, ICT and Future Planning or expands the broadcasting communications facilities already installed, he/she shall test the facilities to ensure that they meet the technical standards under paragraph (1), before providing broadcasting communications services, and shall record and keep the results of the test: Provided, That the foregoing shall not apply to broadcasting communications service providers specified by Presidential Decree, such as those who provide broadcasting communications services with broadcasting communications facilities rented. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Broadcasting communications facilities shall be installed and maintained in accordance with relevant drawings.
(4) Matters necessary to prepare the drawings under paragraph (3) shall be prescribed by Presidential Decree.
(5) In any of the following cases, the Minister of Science, ICT and Future Planning may assign public officials under his or her jurisdiction to investigate or test the broadcasting communications facilities of a person who has installed and operates the facilities, in order to ensure that such facilities have been installed and operated in conformity with the technical standards: <Amended by Act No. 11690, Mar. 23, 2013>
1. To establish policies on broadcasting communications facilities;
2. To be prepared for a state of national emergency;
3. Where it is needed to prevent disasters and accidents or where a disaster or accident has occurred;
4. Where broadcasting communications are likely to suffer extensive interruption due to a failure of broadcasting communications facilities.
(6) To conduct an investigation or test under paragraph (5), a plan for the investigation or test, including the date and time of, reasons for, and scope of, the investigation or test, shall be notified at least seven days beforehand to the person who has installed and operates the broadcasting communications facilities: Provided, That the foregoing shall not apply to an emergency or cases where giving a prior notice can defeat the purpose of the investigation or test because of the likelihood of destruction of evidence, etc.
(7) Each public official who conducts an investigation or test pursuant to paragraph (6) shall carry with him/her a certificate indicating his/her authority and show it to interested persons and shall present a document that describes his/her name, the time and purposes of entry, etc. to the interested persons when making an entry.
(8) Where a person who has installed and operates broadcasting communications facilities under paragraph (1) detects, with a system for detecting illegal duplication, that a mobile phone (referring to a communications device for using services provided with allocated frequencies among key communications services under Article 5 (2) of the Telecommunications Business Act) is suspected of having been duplicated, he/she shall report it to the Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 29 (Exception to Application of Technical Standards)
Article 28 shall not apply to the broadcasting communications facilities regulated by separate technical standards or similar provisions in the Broadcasting Act or the Radio Waves Act.
 Article 30 (Management Regulations)
A person specified by Presidential Decree, among broadcasting communications service provider who provide broadcasting communications services with broadcasting communications facilities that they have installed and hold, shall establish regulations on the management of the broadcasting communications facilities as prescribed by Presidential Decree, to provide stable broadcasting communications services, and shall manage the broadcasting communications facilities in accordance with such regulations.
 Article 31 (Corrective Order against Technical Standards)
If any broadcasting communications facility already installed fails to meet the technical standards under Article 28, the Minister of Science, ICT and Future Planning may issue a corrective order or take other necessary measures. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 32 (Adoption of New Broadcasting Communications Systems, etc.)
(1) The Minister of Science, ICT and Future Planning may adopt a new broadcasting communications system, etc. for the smooth development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When a new broadcasting communications system, etc. is adopted pursuant to paragraph (1), the Minister of Science, ICT and Future Planning shall make a public notice thereof. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 33 (Promotion of Standardization)
(1) The Minister of Science, ICT and Future Planning shall promote the standardization of broadcasting communications to ensure sound development of broadcasting communications and convenience of viewers and users, and may recommend broadcasting communications service providers or manufacturers of instruments and materials for broadcasting communications to follow the standards: Provided, That the matters subject to the Korea Industrial Standards established under the Industrial Standardization Act shall be governed by such standards. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Science, ICT and Future Planning adopts standards for broadcasting communications, he/she shall provide a public notice thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters necessary to promote the standardization of broadcasting communications under paragraph (1) shall be prescribed by Presidential Decree.
 Article 34 (Telecommunications Technology Association)
(1) The Telecommunications Technology Association (hereinafter referred to as "Technology Association") may be established under authorization from the Minister of Science, ICT and Future Planning to efficiently perform duties relating to the standardization of broadcasting communications, such as the establishment and dissemination of information and communications standards and support for information and communications technology. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Technology Association shall be a corporation.
(3) The Government may make contributions to the Technology Association within budgetary limits, if necessary to perform the duties relating to the standardization of broadcasting communications.
(4) If the Technology Association violates any provision of this Act or its articles of association in its operation, the Minister of Science, ICT and Future Planning may require it to revise its business plan or to replace an executive. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Except as otherwise expressly provided for in this Act, the provisions governing incorporated foundations in the Civil Act shall apply mutatis mutandis to the Technology Association.
CHAPTER VI MANAGEMENT OF DISASTERS IN BROADCASTING COMMUNICATIONS
 Article 35 (Establishment of Master Plan for Management of Disasters in Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall establish and implement a master plan for the management of disasters in broadcasting communications in order to prevent disasters under the Framework Act on the Management of Disasters and Safety, disasters under the Countermeasures against Natural Disasters Act, and other physical or functional defects (hereinafter referred to as "disasters in broadcasting communications") in relation to broadcasting communications services provided by the following broadcasting communications service providers (hereinafter referred to as "major broadcasting communications service provider") and to control disasters in broadcasting communications and quickly recover from such disasters: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13539, Dec. 1, 2015>
1. A person who has obtained a license for facilities-based telecommunications service pursuant to Article 6 of the Telecommunications Business Act and meets the requirements prescribed by Presidential Decree;
2. A terrestrial broadcasting service provider under subparagraph 3 (a) of Article 2 of the Broadcasting Act (limited to terrestrial broadcasting service providers who provide television broadcasting pursuant to subparagraph 1 (a) of Article 2 of the Broadcasting Act and excluding local broadcasting service providers pursuant to Article 2 (1) 2 of the Special Act on the Support for Development of Local Broadcasting);
3. A service provider using a broadcasting channel under subparagraph 3 (d) of Article 2 of the Broadcasting Act (limited to business entities using a broadcasting channel for general programming or specialized news programming).
(2) The master plan for the management of disasters in broadcasting communications shall include the following:
1. Matters concerning the designation and management of the broadcasting communications facilities that need continuous management because of a high risk of disasters in broadcasting communications or for the prevention of disasters in broadcasting communications and the regions subject to the installation of such facilities;
2. Matters concerning prompt broadcasting of disasters for the protection of the life and property of citizens;
3. The following measures necessary to be ready for disasters in broadcasting communications:
(a) Securing alternate paths for broadcasting communications;
(b) Setting up an information system for the interface operation of broadcasting communications facilities;
(c) Securing supplies for recovering from damage;
4. Other matters deemed necessary for the management of disasters in broadcasting communications.
 Article 36 (Procedures for Establishment of Master Plan for Management of Disasters in Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall draw up guidelines for establishing a master plan for the management of disasters in broadcasting communications and shall notify it to major broadcasting communications service providers. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Each major broadcasting communications service provider shall establish a plan for the management of disasters in broadcasting communications in accordance with the guidelines referred to in paragraph (1) and shall submit the plan to the Minister of Science, ICT and Future Planning and the Korea Communications Commission. In such cases, the plan for the management of disasters in broadcasting communications shall be deemed a detailed execution plan under Article 23 (3) of the Framework Act on the Management of Disasters and Safety. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall collect plans for the management of disasters in broadcasting communications, submitted by major broadcasting communications service providers under paragraph (2), and shall establish a master plan for the management of disasters in broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall notify major broadcasting communications service providers in question of the matters that concern them in the master plan for the management of disasters in broadcasting communications established under paragraph (3). <Amended by Act No. 11690, Mar. 23, 2013>
(5) Further details necessary to establish the master plan for the management of disasters in broadcasting communications shall be prescribed by Presidential Decree.
(6) Paragraphs (1) through (5) shall apply mutatis mutandis to revisions to the master plan for the management of disasters in broadcasting communications.
 Article 36-2 (Implementation of Plan for Management of Disasters in Broadcasting Communications)
(1) Each major broadcasting communications service provider shall implement the plan for the management of disasters in broadcasting communications pursuant to Article 36 (2).
(2) The Minister of Science, ICT and Future Planning and the Korea Communications Commission may provide guidance and inspection as to whether the plan has been implemented pursuant to paragraph (1) and may order each major broadcasting communications service provider to correct the matters deemed to require supplementation upon such inspection.
(3) Matters such as the cycle, method, etc. of the guidance and inspection under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13539, Dec. 1, 2015]
 Article 37 (Preparation for Disasters in Broadcasting Communications)
(1) Where a disaster in broadcasting communications occurs or is highly likely to occur, the Minister of Science, ICT and Future Planning and the Korea Communications Commission may require a broadcasting communications service provider to combine its own broadcasting communications facilities with those of another broadcasting communications service provider or those held by any other person who does not use such facilities for broadcasting communications business (hereinafter referred to as "private broadcasting communications facilities") for the opening and urgent restoration of broadcasting communications for joint operation in the affected region. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Expenses incurred in the combined operation with private broadcasting communications facilities shall be borne by the Government: Provided, That if private broadcasting communications facilities are provided for broadcasting communications services, the broadcasting communications service provider to whom such private facilities are provided shall bear the expenses.
(3) Matters necessary for the combined operation of broadcasting communications facilities under paragraph (1) shall be prescribed by Presidential Decree.
 Article 38 (Reporting of Disasters in Broadcasting Communications)
(1) Where a disaster in broadcasting communications occurs in relation to broadcasting communications services provided by a major broadcasting communications service provider, such major broadcasting communications service provider shall report the current status and cause of the disaster, details of emergency measures taken, measures for restoration, etc. to the Minister of Science, ICT and Future Planning without delay. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where a disaster in broadcasting communications occurs in relation to broadcasting communications services provided by a major broadcasting communications service provider under subparagraphs 2 and 3 of Article 35 (1), such major broadcasting communications business entity shall report the current status and cause of the disaster, details of emergency measures taken, measures for restoration, etc. to the Minister of Science, ICT and Future Planning without delay. <Newly Inserted by Act No. 13539, Dec. 1, 2015>
 Article 39 (Headquarters for Countermeasures for Disaster in Broadcasting Communications)
(1) The Minister of Science, ICT and Future Planning may establish and operate a headquarters for countermeasures for disaster in broadcasting communications disaster countermeasures (hereinafter referred to as "headquarters for countermeasures"), if government-level comprehensive countermeasures are required to repair extensive damage caused by a disaster to broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning shall serve as the head of the headquarters for countermeasures. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for the composition and operation of the headquarters for countermeasures shall be prescribed by Presidential Decree.
(4) Each major broadcasting communications service provider shall report to the headquarters for countermeasures on the progress of recovery from damage caused by a disaster to broadcasting communications, as prescribed by Presidential Decree.
 Article 39-2 (Designation of Manager of Disasters in Broadcasting Communications)
(1) Each major broadcasting communications service provider shall designate a manager of disasters in broadcasting communications who will be in charge of the establishment and revision of the plan for the management of disasters in broadcasting communications pursuant to Article 36, implementation of such plan pursuant to Article 36-2, preparation for disasters in broadcasting communications pursuant to Article 37, and reporting pursuant to Articles 38 and 39 (4).
(2) The qualifications of a manager of disasters in broadcasting communications and other matters necessary for the designation thereof shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13539, Dec. 1, 2015]
 Article 40 (Disaster Broadcasting, etc.)
(1) Where a disaster as defined in Article 2 of the Countermeasures against Natural Disasters Act or a disaster as defined in Article 3 of the Framework Act on the Management of Disasters and Safety, or a civil defense crisis as defined in Article 2 of the Framework Act on Civil Defense occurs or is likely to occur, a service provider falling under any of the following subparagraphs shall render disaster broadcasting services or broadcasting services for civil defense warnings (hereinafter referred to as “disaster broadcasting services, etc.”), aimed at preventing a disaster or civil defense crisis or mitigating resulting damage by providing information necessary for evacuation, rescue, restoration, etc.: Provided, That a service provider falling under subparagraphs 2, 3 and 5 may transmit disaster broadcasting services, etc. in the form of subtitles: <Amended by Act No. 13581, Dec. 22, 2015>
1. A terrestrial broadcasting service provider under subparagraph 3 (a) of Article 2 of the Broadcasting Act;
2. A CATV broadcasting service provider under subparagraph 3 (b) of Article 2 of the Broadcasting Act;
3. A satellite broadcasting service provider under subparagraph 3 (c) of Article 2 of the Broadcasting Act;
4. A service provider using a broadcasting channel under subparagraph 3 (d) of Article 2 of the Broadcasting Act (limited to service providers using a broadcasting channel for general programming or specialized news programming);
5. An Internet multimedia broadcasting service provider under subparagraph 5 (a) of Article 2 of the Internet Multimedia Broadcast Services Act.
(2) Where disaster broadcasting services, etc. were not provided until any of the following events or in other cases where it is deemed necessary for the prevention, evacuation, rescue, restoration, etc. of in connection with a disaster or civil defense crisis, the Minister of Science, ICT and Future Planning and the Korea Communications Commission may request all or some of the broadcasting business entities under each subparagraph of paragraph (1) to render disaster broadcasting services, etc. without delay as prescribed by Presidential Decree. In such cases, the broadcasting service providers shall comply therewith except under special circumstances: <Amended by Act No. 13581, Dec. 22, 2015>
2. Issuance of a forecast and warning of disasters under Article 38 of the Framework Act on the Management of Disasters and Safety;
3. Issuance of a civil defence warning pursuant to Article 33 of the Framework Act on Civil Defense (excluding the cases where civil defense training is conducted).
(3) A broadcasting service provider under each subparagraph of paragraph (1) shall observe the following in rendering disaster broadcasting services, etc.: <Amended by Act No. 13581, Dec. 22, 2015>
1. To provide information on disaster status in an accurate and timely manner;
2. To provide information necessary for evacuation, rescue, restoration, etc. to the residents, victims, etc. in an affected area;
3. Not to harm the reputation of or violate privacy of victims and their family members;
4. Not to force a question, answer, interview, etc. (hereinafter referred to as “interview”) on victims or their family members;
5. To obtain consent from a legal representative of a minor to an interview before interviewing the minor among victims and their family members;
6. To render corrective broadcasting services where the details of disaster broadcasting services, etc. are untruthful;
(4) The Korea Communications Standards Commission under Article 18 of the Act on the Establishment and Operation of Korea Communications Commission shall monitor the disaster broadcasting services, etc. rendered by the broadcasting service providers falling under each subparagraph of paragraph (1) and notify the results to the Minister of Science, ICT and Future Planning and the Korea Communications Commission. <Amended by Act No. 13581, Dec. 22, 2015>
(5) The broadcasting service providers falling under each subparagraph of paragraph (1) shall draw up and provide a manual for disaster broadcasting services, etc. which includes the matters to be observed under paragraph (3), considering the characteristics of transmitting disaster broadcasting services, etc. <Amended by Act No. 13581, Dec. 22, 2015>
(6) The broadcasting service providers falling under each subparagraph of paragraph (1) shall provide training sessions on the manual for disaster broadcasting services, etc. pursuant to paragraph (5) to program producers, technical personnel, reporters and announcers, etc. involved in disaster broadcasting services, etc. <Newly Inserted by Act No. 13581, Dec. 22, 2015>
(7) In addition to those provided for in paragraphs 1 through 6, detailed matters necessary for rendering and operating disaster broadcasting services, etc. shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13581, Dec. 22, 2015>
 Article 40-2 (Host Broadcaster for Disaster Broadcasting Services, etc.)
(1) The Minister of Science, ICT and Future Planning and the Korea Communications Commission shall designate the Korean Broadcasting System established under Article 43 of the Broadcasting Act as a host broadcaster for disaster broadcasting services, etc.
(2) The host broadcaster under paragraph (1) may request the head of a central administrative agency or the head of a local government, etc. in charge of the duties associated with a disaster status to provide the relevant information quickly.
(3) The host broadcaster under paragraph (1) shall take the following measures:
1. Preparation of human, physical and technical infrastructure for disaster broadcasting, etc.;
2. Establishment of a disaster information delivery system, considering those vulnerable to disasters, such as the elderly, the mentally disabled and foreigners;
3. Implementation of regular simulation training, such as disaster broadcasting, etc.
(4) In addition to those provided for in paragraphs (2) and (3), the roles of the host broadcaster necessary for the effective production of disaster broadcasting, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13581, Dec. 22, 2015]
 Article 40-3 (Installation of Facilities for Receiving Disaster Broadcasting Services, etc.)
The owners, occupants, and managers of roads under subparagraph 1 of Article 2 of the Road Act, urban railroad facilities under subparagraph 3 of Article 2 of the Urban Railroad Act, and railroad facilities under subparagraph 6 of Article 2 of the Railroad Construction Act (excluding facilities under items (e) through (g) of the same subparagraph) shall install the following broadcasting communications facilities necessary for the smooth reception of disaster broadcasting services, etc. under Article 40 (1) and civil defense warnings under Article 33 of the Framework Act on Civil Defense in poor reception areas, such as tunnels or underground spaces. In such cases, the Government may grant a subsidy to fully or partially cover the expenses required for the installation thereof within budgetary limits: <Amended by Act No. 13581, Dec. 22, 2015>
1. Relay facilities necessary to receive radio broadcasting defined in subparagraph 1 (b) of Article 2 of the Broadcasting Act;
2. Relay facilities necessary to receive digital multimedia broadcasting defined in subparagraph 1 (d) of Article 2 of the Broadcasting Act.
[This Article Newly Inserted by Act No. 12720, Jun. 3, 2014]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 41 (Preparation and Management of Statistics)
The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall prepare and manage statistics on broadcasting communications, upon consultation with the Commissioner of the Statistics Korea, in order to efficiently establish policies on the development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 42 (Submission of Data)
The Minister of Science, ICT and Future Planning or the Korea Communications Commission may request each broadcasting communications service provider to submit relevant statistics and data, as prescribed by Presidential Decree, where necessary to establish and implement various policies specified in this Act: Provided, That a broadcasting service provider may refuse to do so, if there exist justifiable reasons, such as the protection of trade secrets. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 43 (Reporting, Inspection, etc.)
(1) In any of the following cases, the Minister of Science, ICT and Future Planning may require a person who has installed broadcasting communications facilities to submit a report on the facilities or assign subordinate public officials to enter the person’s office, business establishment, factory, or place of business and to inspect the current status of the facilities and account books or documents related to such facilities: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where necessary to verify whether the broadcasting communications facilities have been properly installed and operated;
2. Where necessary to secure smooth broadcasting communications in a state of national emergency or at the time of a disaster or accident.
(2) If the Minister of Science, ICT and Future Planning discovers a person has installed broadcasting communications facilities in violation of this Act, he/she may order the person to remove them or to take other necessary measures. <Amended by Act No. 11690, Mar. 23, 2013>
(3) To conduct an inspection under paragraph (1), the relevant person who has installed broadcasting communications facilities shall be notified of the plans for inspection, including the date and time thereof, the reasons therefor, and the scope thereof at least seven days prior to the inspection: Provided, That the foregoing shall not apply to an emergency or cases where giving a prior notice can defeat the purpose of the inspection because of the likelihood of destruction of evidence, etc.
(4) Each public official who conducts an inspection pursuant to paragraph (1) shall carry with him/her a certificate indicating his/her authority and show it to the relevant person, and shall present a document describing his/her name, the time, and purposes of entry, etc. to the relevant person when making an entry.
 Article 44 (Delegation and Entrustment of Authority)
(1) The Minister of Science, ICT and Future Planning or the Korea Communications Commission may delegate or entrust part of his/her or its authority under this Act, as prescribed by Presidential Decree, to the head of its affiliated agency, a dedicated institution, or other institutions or organizations specified by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning may entrust the Technology Association with the standardization of broadcasting communications under Article 33, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Science, ICT and Future Planning or the Korea Communications Commission may entrust the KAIT with the preparation and management of statistics under Article 41, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 45 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Any of the following persons shall be deemed a public official in applying any provision of Articles 129 through 132 of the Criminal Act: <Amended by Act No. 13581, Dec. 22, 2015>
1. An executive officer or an employee of the Korea Association for Information and Communications Technology Promotion under Article 15;
2. An executive officer or an employee of the Telecommunications Technology Association under Article 34;
3. A person who performs the duties entrusted under Article 44 (1).
CHAPTER VIII PENALTY PROVISIONS
 Article 46 (Penalty Provisions)
A person who violates an order to remove broadcasting communications facilities under Article 43 (2) shall be punished by imprisonment with labor for up to one year or by a fine of up to ten million won.
 Article 47 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or an employee of, or any other person employed by, a corporation or individual commits a violation under Article 46 in connection with the business affairs of the corporation or individual, not only shall the violator be punished accordingly, but the corporation or individual shall also be punished by the fine prescribed in the relevant Article: Provided, That the foregoing shall not apply to cases where the corporation or individual has not been negligent in exercising due care and supervision over the business affairs to prevent such violation.
 Article 48 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine of up to 30 million won: <Amended by Act No. 11200, Jan. 17, 2012; Act No. 13539, Dec. 1, 2015; Act No. 13581, Dec. 22, 2015>
1. A person who fails to follow the corrective order issued under Article 36-2 (2);
2. A person who fails to provide disaster broadcasting services, etc. in violation of Article 40 (2) without any justifiable grounds.
(2) Any of the following persons shall be subject to an administrative fine of up to ten million won: <Amended by Act No. 13539, Dec. 1, 2015>
1. A person who fails to conduct a test under Article 28 (2) or fails to keep a record of and manage the results thereof;
2. A person who rejects or evades an investigation or test under Article 28 (5) or who interferes with such investigation or test;
3. A person who manages broadcasting communications facilities without any management regulations under Article 30;
4. A person who violates an order issued under Article 31;
5. A person who fails to submit a plan for the management of disasters in broadcasting communications under Article 36 (2);
6. A person who fails to report on a disaster in broadcasting communications under Article 38 or who makes a false representation in such report;
7. A person who fails to report on the progress of recovery of damage under Article 39 (4) or who makes a false representation in such report;
7-2. A person who fails to designate a manager of disasters in broadcasting communications in violation of Article 39-2 (1);
8. A person who fails to files a report under Article 43 (1) or who makes a false representation in such report;
9. A person who rejects, interferes with, or evades an inspection under Article 43 (1).
(3) The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Science, ICT and Future Planning or the Korea Communications Commission as prescribed by Presidential Decree. <Amended by Act No. 13539, Dec. 1, 2015>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 24 through 27 and Article 6 (1) of the Addenda, paragraphs (2) (limited to the amended provisions of Articles 36 through 40, 69 (8), and 89 (3)) through (5), (7), (8), and (10) of the aforesaid Article shall enter into force on January 1, 2011.
Article 2 (Transitional Measures concerning Korea Association for ICT Promotion)
The Korea Association for ICT Promotion, already established pursuant to Article 68 of the previous Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. as at the time this Act enters into force, shall be deemed the Korea Association for ICT Promotion established pursuant to Article 15.
Article 3 (Transitional Measures concerning the Committee for the Promotion of Inter-Korean Exchange in Broadcasting Communications)
The Committee for the Promotion of Inter-Korean Exchange in Broadcasting Communications, already established pursuant to Article 35-2 of the previous Broadcasting Act as at the time this Act enters into force, shall be deemed the Committee for the Promotion of Inter-Korean Exchange in Broadcasting Communications under this Act until the Committee for the Promotion of Inter-Korean Exchange in Broadcasting Communications under Article 22 is established.
Article 4 (Transitional Measures concerning Standards)
The standards under Article 29 of the previous Framework Act on Telecommunications, pre-existing as at the time this Act enters into force, shall be deemed the standards under Article 33.
Article 5 (Transitional Measures concerning Telecommunications Technology Association)
The Telecommunications Technology Association, already established pursuant to Article 30 of the former Framework Act on Telecommunications as at the time this Act enters into force, shall be deemed the Telecommunications Technology Association under Article 34.
Article 6 Omitted.
Article 7 (Relationship with Other Statutes)
A citation of the former Broadcasting Act, the previous Internet Multimedia Broadcast Services Act, the previous Framework Act on Telecommunications, the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., or provisions of any of the aforesaid Acts by any other statutes in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the previous provisions, if such corresponding provisions exist in this Act.
ADDENDA <Act No. 10193, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 4 (1) and (3) of the Addenda shall enter into force on January 1, 2011, and paragraph (2) of the aforesaid Article shall enter into force on September 23, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11200, Jan. 17, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11373, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12034, Aug. 13, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12720, Jun. 3, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12743, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13072, Jan. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13539, Dec. 1, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13581, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 25-2 and 45 shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 14574, Mar. 14, 2017>
This Act shall enter into force three months after the date of its promulgation.