ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION
Act No. 7372, Jan. 27, 2005
Amended by Act No. 8002, Sep. 27, 2006
Act No. 8367, Apr. 11, 2007
Act No. 8486, May 25, 2007
Act No. 8775, Dec. 21, 2007
Act No. 8867, Feb. 29, 2008
Act No. 9481, Mar. 13, 2009
Act No. 9483, Mar. 13, 2009
Act No. 11423, May 14, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11717, Mar. 23, 2013
Act No. 12840, Oct. 15, 2014
Act No. 13203, Feb. 3, 2015
Act No. 13540, Dec. 1, 2015
Act No. 14224, May 29, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect privacy from the divulging, abuse and misuse of location information, provide a safe environment for using location information, and activate the use of location information, thus contributing to the improvement of people's standard of living and the promotion of public welfare.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10166, Mar. 22, 2010; Act No. 13203, Feb. 3, 2015>
| 1. | The term "location information" means information about a place where a portable object or an individual exists or has existed at a certain time, which is collected using telecommunications equipment facilities or telecommunications line equipment and facilities prescribed in subparagraph 2 or 3 of Article 2 of the Telecommunications Business Act; |
| 2. | The term "personal location information" means the location information regarding a particular person (including information readily combinable with other information to track the location of a particular person even though location information alone is not sufficient to identify the location of such person); |
| 3. | The term "subject of personal location information" means a person identified with personal location information; |
| 4. | The term "data verifying the collection of location information" means data regarding a person who has requested the collection of location information and the date, time, and methods of collection thereof (excluding location information); |
| 5. | The term "data verifying the use and provision of location information" means data regarding the person receiving location information, the channel of acquisition thereof, and the date, time, and methods of use and provision thereof (excluding location information); |
| 6. | The term "location information business" means engaging in the business of collecting location information and providing such information to location-based service providers; |
| 7. | The term "location-based service business" means engaging in the business of providing services based on location information (hereinafter referred to as "location-based services"); |
| Article 3 (Seeking Measures to Protect and Use Location Information) |
In order to ensure the safe protection and sound use, etc. of location information, the Korea Communications Commission shall seek measures including the following, after consultation with the heads of relevant central administrative agencies: <Amended by Act No. 8867, Feb. 29, 2008>
| 1. | The basic policy direction for protecting and using location information; |
| 2. | Matters concerning the protection of location information; |
| 3. | Matters concerning the use of location information for public purposes; |
| 4. | Matters concerning the development and standardization of technology related to location information business and location-based service business; |
| 5. | Matters concerning the enhancement of safety and reliability of location information business and location-based service business; |
| 6. | Matters concerning the improvement and evaluation of the quality of location information business and location-based service business; |
| 7. | Other matters necessary for the protection and use of location information. |
| Article 4 (Relationship with Other Acts) |
Except as otherwise provided in other Acts, the collection, storage, protection, and use of location information shall be subject to such conditions as provided in this Act.
CHAPTER II PERMISSION, ETC. FOR LOCATION INFORMATION BUSINESS
| Article 5 (Permission, etc. for Location Information Business) |
| (1) | Any person who intends to engage in location information business shall obtain permission from the Korea Communications Commission for his/her trade name, location of the main office, type and description of the relevant location information business, and major business facilities, including location information systems, as prescribed by Presidential Decree. <Amended by Act No. 8775, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008> |
| (2) | Deleted. <by Act No. 9481, Mar. 13, 2009> |
| (3) | When the Korea Communications Commission grants permission pursuant to paragraph (1), it shall conduct a comprehensive examination of the following: <Amended by Act No. 8867, Feb. 29, 2008> |
| 1. | Feasibility of a plan for location information business; |
| 2. | Plans to take technical and managerial measures relating to the protection of personal location information; |
| 3. | Propriety of the scale of facilities relating to location information business; |
| 4. | Financial and technical capabilities; |
| 5. | Other matters necessary for running the business. |
| (4) | When the Korea Communications Commission grants permission pursuant to paragraph (1), it may attach conditions necessary to conduct research and development to improve accuracy and reliability of location information, fair competition, or protection of personal location information. <Amended by Act No. 8867, Feb. 29, 2008> |
| (5) | Only corporations may obtain permission pursuant to paragraph (1). |
| (6) | Matters concerning guidelines and procedures for obtaining permission prescribed in paragraph (1) and detailed examination standards for each item for examination under paragraph (3), shall be prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| (7) | When any person who has obtained permission for location information business in accordance with paragraph (1) (hereinafter referred to as "location information provider") intends to change a location information system (limited to where such change will make the level of the technology for protection of personal location information lower than at the time of obtaining the permission) among permitted matters, he/she shall obtain permission to make the change from the Korea Communications Commission as prescribed by Presidential Decree; and when he/she intends to change the trade name or the location of the main office, he/she shall report such change to the Korea Communications Commission. <Amended by Act No. 8775, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008> |
| (8) | Upon receipt of an application for permission under paragraph (1) or for permission to make a change under paragraph (7), the Korea Communications Commission shall grant the permission or the permission to make the change, except in any of the following cases: <Added by Act No. 13203, Feb. 3, 2015> |
| 1. | Where the application fails to pass the examination under paragraph (3); |
| 2. | Where the applicant is not a corporation; |
| 3. | Where an executive officer of the applicant corporation falls under any subparagraph of Article 6 (1); |
| 4. | Where three years have not passed since the applicant corporation received a disposition of cancellation of permission or an order for business closure under Article 13 (1); |
| 5. | Where the application contravenes any restriction under this Act or any other Act. |
| Article 6 (Grounds for Disqualification of Executive Officers or Employees) |
| (1) | None of the following persons shall be qualified for an executive officer of a location information provider, and an employees referred to in the following shall not be designated as a person with access authority (hereafter referred to as a person with access authority in this Article): <Amended by Act No. 12840, Oct. 15, 2014; Act No. 13203, Feb. 3, 2015; Act No. 13540, Dec. 1, 2015> |
| 1. | A minor, a person under adult guardianship, or under limited guardianship; |
| 2. | A person declared bankrupt but not yet reinstated; |
| 6. | A person for whom three years have not elapsed since he/she received a disposition of cancellation of permission or an order for business closure under Article 13 (1); and in cases of a corporation, a person who engaged in conduct giving rise to such cancellation of permission or an order for business closure, as well as its representative. |
| (2) | Where an executive officer comes to fall under any subparagraph of paragraph (1) or is found to be as such as at the time he/she is appointed, he/she shall resign from office ipso facto, and where a person with access authority comes to fall under any subparagraph of paragraph (1) or is found to be as such as at the time he/she is designated, such designation shall be null and void. <Amended by Act No. 13540, Dec. 1, 2015> |
| (3) | Any act in which a resigned executive officer is involved before his/her resignation, or in which an employee whose designation as a person with access authority is null and void is involved before the nullification under paragraph (2), shall remain in effect. <Amended by Act No. 13540, Dec. 1, 2015> |
| Article 7 (Aquisition of Location Information Business, Merger of Corporations, etc.) |
| (1) | Any person who intends to fully or partially acquire the business of a location information provider or to conduct a merger or split-off of a corporation which is a location information provider (including merger by split-off; hereinafter the same shall apply) shall obtain authorization from the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| (2) | The Korea Communications Commission shall comprehensively examine the following matters before granting authorization under paragraph (1): <Added by Act No. 13203, Feb. 3, 2015> |
| 1. | Adequacy of financial and technical capacities and capability of business management; |
| 2. | Impact on the protection of subjects of personal location information and location-based service providers; |
| 3. | Impact on public interest, including the efficiency in the use of personal location information for emergency rescue and in research and development for the protection of personal location information. |
| (3) | Upon receipt of an application for authorization under paragraph (1), the Korea Communications Commission shall give authorization, except in any of the following cases: <Added by Act No. 13203, Feb. 3, 2015> |
| 1. | Where the application fails to pass the examination under paragraph (2); |
| 2. | Where the applicant is not a corporation; |
| 3. | Where an executive officer of the applicant corporation falls under any subparagraph of Article 6 (1); |
| 4. | Where three years have not passed since the applicant corporation received a disposition of cancellation of permission or an order for business closure under Article 13 (1); |
| 5. | Where the application contravenes any restriction under this Act or any other Act. |
| (4) | A transferee authorized under the provision of paragraph (1) or a corporation incorporated due to a merger or split-off or surviving a merger or split-off, shall succeed to the status of the transferor or the corporation as a location information provider prior to the merger or split-off respectively. |
| (5) | Matters concerning the methods, procedures, etc. for filing an application for authorization under paragraph (1) and the detailed guidelines for examination by items under paragraph (2), shall be prescribed by Presidential Decree. <Added by Act No. 13203, Feb. 3, 2015> |
| Article 8 (Suspension, Discontinuation, etc. of Location Information Business) |
| (1) | If a location information provider intends to fully or partially suspend its operation of business, it shall determine the period of suspension, obtain approval therefor from the Korea Communications Commission, and notify the subjects of personal location information thereof by not later than 30 days before the scheduled date of suspension. In such cases, the period of suspension shall not exceed one year, and the location information provider shall destroy personal location information (limited to personal location information of the suspended operation of business, where its operation of business is partially suspended) immediately upon the suspension of its operation of business. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015> |
| (2) | If a location information provider intends to fully or partially discontinue its business, it shall obtain approval therefor from the Korea Communications Commission, shall notify the subjects of personal location information thereof by not later than 30 days before the date of discontinuation, and shall destroy personal location information and data verifying the collection of location information (limited to personal location information and data verifying the collection of location information relating to the discontinued business, if its business is partially discontinued) immediately upon the discontinuation of business. <Amended by Act No. 8867, Feb. 29, 2008> |
| (3) | Upon receipt of an application for approval for the suspension or discontinuation of its operation of business under paragraph (1) or (2), the Korea Communications Commission shall approve the suspension or discontinuation, unless the plan for the notification of such suspension or discontinuation to subjects of personal location information is inappropriate. <Added by Act No. 13203, Feb. 3, 2015> |
| (4) | Matters necessary for approval for the suspension or discontinuation of location information business, the destruction of personal location information, etc., under paragraphs (1) and (2) and other relevant matters, shall be prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| Article 9 (Reporting on Location-Based Service Business) |
| (1) | Any person who intends to engage in location-based service business (excluding location-based service business not handling personal location information; hereafter the same shall apply in this Article and Articles 10 and 11) shall report, to the Korea Communications Commission, the trade name, location of the main office, type of business, main business facilities, including location information systems, etc., as prescribed by Presidential Decree. <Amended by Act No. 8775, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015> |
| (2) | Any person for whom one year has not passed after receipt of an order to discontinue his/her business under Article 13 (1) (if the person is a corporation, including its representative), shall be prohibited from reporting his/her business under paragraph (1). |
| (3) | If any person who has reported his/her location-based service business in accordance with paragraph (1) (hereinafter referred to as "location-based service provider") intends to change the trade name, location of the main office, or location information system (limited to where such change will make the level of the technology for protection of personal location information lower than at the time of obtaining the permission) among the reported matters, he/she shall report such change to the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 8775, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008> |
| (4) | Where a location information provider has submitted documents required for reporting its location-based service business, along with the application for permission under Article 5 (1), it shall be deemed to have completed reporting on the location-based service business under paragraph (1). <Added by Act No. 8775, Dec. 21, 2007; Act No. 13203, Feb. 3, 2015> |
| Article 10 (Acquisition of Location-Based Service Business, Merger of Corporations, etc.) |
| (1) | If the business of a location-based service provider is fully or partially transferred or inherited, or a corporation which is a location-based service provider is merged or split off, the transferee or inheritor of the business or the corporation established by or existing after the merger or split-off shall report it to the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| (2) | A transferee or inheritor or a corporation established by or existing after a merger or split-off that has reported in accordance with paragraph (1), shall succeed to the status of the transferor, predecessor, or the corporation as a location-based serviced provider prior to the merger or split-off respectively. |
| Article 11 (Suspension, Discontinuation, etc. of Location-Based Service Business) |
| (1) | If a location-based service provider intends to fully or partially suspend its operation of business, it shall determine the period of suspension, notify subjects of personal location information thereof by not later than 30 days before the scheduled date of suspension, and report to the Korea Communications Commission thereon. In such cases, the period of suspension shall not exceed one year, and the location-based service provider shall destroy personal location information (limited to personal location information of the suspended operation of business, where its operation of business is partially suspended) immediately upon the suspension of its operation of business. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015> |
| (2) | If a location-based service provider intends to fully or partially discontinue its business, it shall notify the subjects of personal location information thereof by not later than 30 days before the date of discontinuation and shall report to the Korea Communications Commission thereon. In such cases, personal location information and data verifying the use and provision of personal location information shall be destroyed (limited to personal location information and data verifying the use and provision of location information relating to the discontinued business, if its business is partially discontinued) immediately upon the discontinuation of business. <Amended by Act No. 8867, Feb. 29, 2008> |
| (3) | Matters necessary for reporting the suspension or discontinuation of location-based service business and the destruction of personal location information pursuant to paragraphs (1) and (2), shall be prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| Article 12 (Reporting, etc. on Terms and Conditions) |
| (1) | Each location information provider and location-based service provider (hereinafter referred to as "location information provider, etc.") shall determine the fees, conditions, etc. relating to the collection, use and provision of location information he/she intends to provide to customers (hereinafter referred to as "terms and conditions") and shall report them to the Korea Communications Commission. The foregoing shall also apply to any modification thereto. <Amended by Act No. 8867, Feb. 29, 2008> |
| (2) | Where the Korea Communications Commission deems that the terms and conditions of a location information provider, etc. are likely to harm the protection of personal location information, fair competition, or the public interest, it may order the location information provider, etc. to change such terms and conditions. <Amended by Act No. 8867, Feb. 29, 2008> |
| Article 13 (Cancellation of Permission and Discontinuation, Suspension, etc. of Business) |
| (1) | In any of the following cases, the Korea Communications Commission may cancel the permission or authorization granted to a location information provider, etc. or may order a location information provider, etc. to discontinue their operation of business or fully or partially suspend their operation of business for a specified period not exceeding six months (hereinafter referred to as "suspension of operation of business"): Provided, That the permission or authorization granted to a location information provider, etc. shall be cancelled or a location information service provider, etc. shall be ordered to discontinue their operation of business, if they fall under subparagraph 1: <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015> |
| 1. | Where a location information provider, etc. receive permission, permission to make a change, or authorization under Article 5 (1) or (7) or 7 (1) by fraud or other improper means, or where they report under Article 9 (1) by such means; |
| 2. | Where a location information provider, etc. fail to resume their business without good cause after the suspension period under Article 8 (1) or 11 (1) ends; |
| 3. | Where material changes occur to the facilities related to the collection of location information and the technical and managerial measures related to the protection of location information, thus making it impossible to provide continued services; |
| 4. | Where a location information provider, etc. fail to take technical and managerial measures under Article 16 (1) or measures to preserve data verifying the collection of location information and data verifying the collection, use, and provision of location information under Article 16 (2) (hereinafter referred to as "data verifying the collection, use, and provision of location information"); |
| 5. | Where a location information provider, etc. fail to make specifications in their terms and conditions or collect, use, or provide location information without obtaining consent, in violation of Article 18 (1) or 19 (1); |
| 6. | Where a location information provider, etc. collect, use, or provide location information beyond the scope of consent given, in violation of Article 18 (2) or 19 (5); |
| 7. | Where a location information provider, etc. use or provide to a third party, location information beyond the scope specified in their terms and conditions or notified to the pertinent subjects, in violation of Article 21. |
| (2) | Detailed criteria for administrative measures under paragraph (1) shall be prescribed by Presidential Decree, in consideration of the type and gravity of the relevant violation. |
| Article 14 (Imposition, etc. of Penalty Surcharges) |
| (1) | Where the suspension of business under Article 13 (1) is likely to substantially harm to the interests of subjects of personal location information, the Korea Communications Commission may impose a penalty surcharge not exceeding 3/100 of the sales of the relevant location information business or location-based service business in lieu of an order for business suspension. <Amended by Act No. 8867, Feb. 29, 2008> |
| (2) | Matters necessary for the criteria and procedures for the imposition of penalty surcharges, such as calculation of the sales referred to in paragraph (1), shall be prescribed by Presidential Decree. |
| (3) | Where a person obligated to pay a penalty surcharge under paragraph (1) fails to pay such surcharge by the due date, the Korea Communications Commission may collect an additional charge at the rate prescribed by Presidential Decree, from the date after such due date, within the extent not exceeding 8/100 per annum of the surcharge in arrears. <Amended by Act No. 8867, Feb. 29, 2008> |
| (4) | Where a person obligated to pay a penalty surcharge fails to pay such surcharge by the due date, the Korea Communications Commission shall urge him/her to pay the surcharge, setting the deadline; and where he/she fails to pay the surcharge and the additional charge under paragraph (3) by the deadline, it shall collect them in the same manner as delinquent national taxes are collected. <Amended by Act No. 8867, Feb. 29, 2008> |
CHAPTER III PROTECTION OF LOCATION INFORMATION
Section 1 General Provisions
| Article 15 (Prohibition on Collection, etc. of Location Information) |
| (1) | No one shall collect, use, or provide the location information regarding an individual or mobile object without the consent of the individual or the owner of the mobile object: Provided, That the foregoing shall not apply in any of the following cases: <Amended by Act No. 11423, May 14, 2012> |
| 1. | Where an emergency rescue agency requests for emergency rescue under Article 29 (1) or for the issuance of a warning under Article 29 (7); |
| 2. | Where a police agency makes a request under Article 29 (2); |
| 3. | Where otherwise provided in other Acts. |
| (2) | No one may obtain the personal location information regarding another person by deceiving a location information provider, etc. in such a way as copying telecommunications devices of the another person or stealing such information. |
| (3) | Any person leasing an object with devices capable of collecting location information shall notify the borrower thereof, of the fact that the object has a built-in location information collection device. |
| Article 16 (Measures, etc. for Protecting Location Information) |
| (1) | Each location information provider, etc. shall take managerial measures, such as establishing guidelines on processing and management of location information to prevent the divulging, alteration, impairment, etc. of location information or designating those with access authority, and take technical measures, such as installing a firewall or using encryption software. In such cases, details of the managerial measures and technical measures shall be prescribed by Presidential Decree. |
| (2) | Each location information provider, etc. shall cause data verifying the collection, use, and provision of location information to be automatically recorded and preserved in a location information system. |
| (3) | In order to protect location information and prevent abuse and misuse of location information, the Korea Communications Commission may authorize affiliated public officials to examine details of the technical and managerial measures taken under paragraph (1), and the preservation status of records under paragraph (2), as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| (4) | Each public official who examines the details of the technical and managerial measures and the status of preservation of records under paragraph (3), shall carry a certificate indicating his/her authority and produce it to persons involved. <Amended by Act No. 13203, Feb. 3, 2015> |
| Article 17 (Prohibition on Divulging, etc. of Location Information) |
No location information provider, etc. nor their current or former employees shall divulge, alter, impair, or disclose any location information acquired in the course of performing their duties.
Section 2 Protection of Personal Location Information
| Article 18 (Collection of Personal Location Information) |
| (1) | Where any location information provider intends to collect personal location information, it shall specify, in advance, the following in its terms and conditions and obtain the consent of the subjects of personal location information: |
| 1. | Trade name, address, phone number and other contact information of the location information provider; |
| 2. | Rights held by the subjects of personal location information and their legal representatives (limited to where the consent of a legal representative is required under Article 25 (1)) and methods of exercising the same; |
| 3. | Details of the services to be provided by the location information provider to a location-based service provider; |
| 4. | Grounds for and period of retaining data verifying the collection of location information; |
| 5. | Other matters prescribed by Presidential Decree as necessary for the protection of personal location information. |
| (2) | A subject of personal location information may withdraw his/her consent for part of the scope of the collection of personal location information and the terms and conditions, when he/she has given consent under paragraph (1). |
| (3) | Where any location information provider collects personal location information, it shall collect such information to the minimum extent necessary for attaining the purpose of the collection. |
| Article 19 (Use or Provision of Personal Location Information) |
| (1) | Where any location-based service provider intends to provide services using personal location information, it shall specify, in advance, the following in its terms and conditions and obtain consent from the subjects of personal location information: |
| 1. | Trade name, address, phone number and other contact information of the location-based service provider; |
| 2. | Rights held by the subjects of personal location information and their legal representatives (limited to where the consent of a legal representative is required under Article 25 (1)) and methods of exercising the same; |
| 3. | Details of the location-based services to be provided by the location-based service provider; |
| 4. | Grounds and period for retaining data verifying the collection of location information; |
| 5. | Other matters prescribed by Presidential Decree as necessary for the protection of personal location information. |
| (2) | Where any location-based service provider intends to provide personal location information to a third party designated by a subject of personal location information, it shall specify details referred to in the subparagraphs of paragraph (1) in its terms and conditions, shall inform the subject of personal location information, of the designated recipient of the personal location information and the purpose of provision, and shall obtain his/her consent. |
| (3) | Where any location-based service provider provides personal location information to a third party designated by a subject of personal location information under paragraph (2), it shall immediately notify, on each occasion, the subject of personal location information, of the designated recipient of such information and the date, time, and purpose of such provision. |
| (4) | Notwithstanding paragraph (3), a location-based service provider may give notice of the occasions altogether to a subject of personal location information at a maximum interval of 30 days in accordance with the guidelines prescribed by Presidential Decree for frequency, period, etc., if it has obtained consent thereto from the subject, as prescribed by Presidential Decree. <Added by Act No. 13203, Feb. 3, 2015> |
| (5) | When a subject of personal location information gives consent under paragraph (1), (2), or (4), he/she may defer his/her consent as to the purposes of using and providing personal location information, the scope of the persons eligible to receive the information, part of the location-based services, and the methods of notification to the subject of personal location information. <Amended by Act No. 13203, Feb. 3, 2015> |
| Article 20 (Provision, etc. of Personal Location Information by Location Information Providers) |
| (1) | In order to attain the purposes of using or providing personal location information under Article 19 (1) or (2), any location-based service provider that has obtained consent from the subjects of personal location information pursuant to Article 19 (1) or (2) may request the location information provider that has collected the relevant personal location information to provide such information. In such cases, no location information provider shall refuse to provide such information without good cause. |
| (2) | Procedures for, and method of location information providers' providing personal location information to location-based service providers pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| Article 21 (Restriction, etc. on Use and Provision of Personal Location Information, etc.) |
Unless a location information provider, etc. have obtained consent from a subject of personal location information or except in the following cases, they shall neither use personal location information or data verifying the collection, use, or provision of location information beyond the scope specified in their terms and conditions or notified to the subject in accordance with Articles 18 (1) and 19 (1) and (2) nor provide such information to any third party: <Amended by Act No. 13203, Feb. 3, 2015> | 1. | Where data verifying the collection, use, and provision of location information are required to calculate fees related to the provision of location information and location-based services; |
| 2. | Where data is processed in such a way that any specific person cannot be identified, and provided for the purpose of statistics, academic research, or market research. |
| Article 22 (Notification of Transfer, etc. of Business) |
Any person who has succeeded to the rights and obligations of a location information provider, etc. as a result of the full or partial transfer, merger, inheritance, etc. of their business (hereinafter referred to as "transfer, etc."), shall notify the following to the subjects of personal location information within 30 days, as prescribed by Presidential Decree:
| 1. | Full or partial transfer, etc. of the business; |
| 2. | Name, address, phone number and other contact information of the person who has succeeded to the rights and obligations of the location information provider, etc.; |
| 3. | Other matters prescribed by Presidential Decree as necessary for the protection of personal location information protection. |
| Article 23 (Destruction, etc. of Personal Location Information) |
When any location information provider, etc. attain the purpose of collecting, using or providing personal location information, they shall immediately destroy personal location information other than data verifying the collection, use, and provision of location information that should be recorded and preserved in accordance with Article 16 (2).
Section 3 Rights Held by Subjects of Personal Location Information, etc.
| Article 24 (Rights, etc. Held by Subjects of Personal Location information) |
| (1) | Any subject of personal location information may, at any time, fully or partially withdraw the consent given to a location information provider, etc. under Article 18 (1) or 19 (1), (2), or (4). <Amended by Act No. 13203, Feb. 3, 2015> |
| (2) | Any subject of personal location information may request, at any time, a location information provider, etc. to temporarily suspend the collection, use, or provision of location information. In such cases, the location information provider, etc. shall not refuse such request and shall take technical measures accordingly. |
| (3) | Any subject of personal location information may request a location information provider, etc. to permit him/her to inspect any of the following data or records or to give notice of any of the following data or records and may request a location information provider, etc. to correct an error found in relevant data or records. In such cases, no location information provider, etc. shall reject such request without good cause: <Amended by Act No. 13203, Feb. 3, 2015> |
| 1. | Data verifying the collection, use, and provision of personal location information which relates to the principal; |
| 2. | The ground on which his/her personal location information was provided to a third party pursuant to the provisions of this Act or other Acts, and the relevant details. |
| (4) | Where any subject of personal location information fully or partially withdraws the consent pursuant to paragraph (1), the location information provider, etc. shall, without delay, destroy the personal location information collected so far, as well as the data verifying the collection, use, and provision of location information (limited to the personal location information and the data verifying the use and provision of location information for the part withdrawn, if the consent is partially withdrawn). |
| Article 25 (Rights Held by Legal Representatives) |
| (1) | Where any location information provider, etc. intend to collect, use, or provide personal location information from children under 14 years of age pursuant to Article 18 (1), 19 (1) or (2), or 21, they shall obtain the consent of their legal representatives. |
| (2) | Articles 18 (2), 19 (5), and 24 shall apply mutatis mutandis where a legal representative gives consent under paragraph (1). In such cases, "subject of personal location information" shall be construed as "legal representative". <Amended by Act No. 13203, Feb. 3, 2015> |
| Article 26 (Use of Location Information for Protection of Children of Eight Years Old or Younger, etc.) |
| (1) | Where the legal guardian of any of the following persons (hereinafter referred to as "child of eight years old or younger, etc.") gives consent to the collection, use, or provision of personal location information regarding the child of eight years old or younger, etc., for the protection of the latter's health or safety, it shall be deemed that the child, etc. themselves consent thereto: <Amended by Act No. 8367, Apr. 11, 2007; Act No. 12840, Oct. 15, 2014; Act No. 13203, Feb. 3, 2015> |
| 1. | A child of eight years old or younger; |
| 2. | A person under adult guardianship; |
| (2) | The legal guardian of child of eight years old or younger, etc. referred to in paragraph (1), means any of the following persons who provides de facto protection for the child, etc.: <Amended by Act No. 8367, Apr. 11, 2007; Amended by Act No. 10517, Mar. 30, 2011; Act No. 12840, Oct. 15, 2014; Act No. 13203, Feb. 3, 2015; Act No. 14224, May 29, 2016> |
| 2. | The legal representative of a person under adult guardianship; |
| (3) | Requirements for giving consent under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | Articles 18 through 22 and 24 shall apply mutatis mutandis where legal guardians give their consent pursuant to paragraph (2). In such cases, "subjects of personal location information" shall be construed as "legal guardians." |
| Article 27 (Compensation for Damage) |
Where a subject of personal location information suffers damage because a location information provider, etc. have violated Articles 15 through 26, he/she may claim damages against the location information provider, etc. In such cases, the location information provider, etc. shall not be exempt from liabilities unless they prove that there was no intention or negligence on their part.
| Article 28 (Mediation, etc. in Disputes) |
| (1) | Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the relevant location information provider, etc. may file a petition for adjudication with the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015> |
| (2) | Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the relevant location information provider, etc. or the user may file a petition for mediation with the Personal Information Dispute Mediation Committee established under Article 40 of the Personal Information Protection Act. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER IV USE OF PERSONAL LOCATION INFORMATION FOR EMERGENCY RESCUE
| Article 29 (Use of Personal Location Information for Emergency Rescue) |
| (1) | Where any subject of personal location information, his/her spouse or blood-relative within the second degree, or a guardian of a minor under Article 928 of the Civil Act (hereinafter referred to as "spouse, etc.") requests emergency rescue to protect health or safety from imminent danger, an emergency rescue agency referred to in subparagraph 7 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "emergency rescue agency") may determine whether it is an emergency and request a location information provider to provide personal location information. In such cases, no spouse, etc. shall request emergency rescue for any purpose other than for emergency rescue. |
| (2) | The National Police Agency, regional police agencies, and police stations under Article 2 of the Police Act (hereinafter referred to as "police agency") may request a location information provider to provide any of the following personal location information: Provided, That if a police agency intends to obtain the personal location information regarding a person who has requested rescue to protect another person's health or safety (hereinafter referred to as "witness") under subparagraph 1, it shall obtain consent from such witness: |
| 1. | Where rescue has been requested for protecting any person, including the requestor himself/herself or other person requiring rescue from imminent danger threatening health or safety (hereinafter referred to as "person requiring rescue"), the personal location information regarding the person who has requested such rescue; |
| 2. | Where a person requiring rescue has requested rescue from any third person, the personal location information regarding such person requiring rescue; |
| (3) | Where any third person has requested rescue from a police agency pursuant to paragraph (2) 2, the police agency shall confirm the intention of the person requiring rescue. |
| (4) | Requests for emergency rescue under paragraphs (1) and (2) shall be made only by calling special phone numbers prescribed by Presidential Decree and assigned for the sake of maintaining public order and promoting the public interest. |
| (5) | Any location information provider in receipt of a request under paragraph (1) or (2) may collect personal location information without the consent of the relevant subject of personal location information and shall not refuse such request by an emergency rescue agency or a police agency on the ground that consent is withheld by the subject of personal location information. |
| (6) | Where any emergency rescue agency, location information provider or police agency requests or provides personal location information pursuant to paragraph (1) or (2), it shall immediately notify the relevant subject of personal location information, of such fact: Provided, That where such immediate notification is likely to apparently threaten the health or safety of the subject of personal location information, the notification shall be made without delay after the relevant grounds have ceased. |
| (7) | In order to warn the subjects of personal location information located in disaster areas or potential disaster areas, such as typhoon, heavy rain, fire and chemical, biological, and radiological (CBR) accidents, of the dangers to their lives or bodies, any emergency rescue agency may request a location information provider to issue a warning, as prescribed by Presidential Decree, and no location information provider so requested shall refuse such request to issue a warning on the ground that consent is withheld by the subjects of personal location information in the disaster areas. <Amended by Act No. 8867, Feb. 29, 2008> |
| (8) | No emergency rescue agency or police agency, nor any current or former emergency rescue worker, shall use personal location information provided for the sake of emergency rescue, for any purpose other than for emergency rescue. |
| (9) | Where a police agency has requested to provide personal location information under paragraph (2), it shall keep the following matters, as prescribed by Presidential Decree, and where a subject of personal location information requests the policy agency to confirm, inspect or make a copy of the collected personal location information, it shall comply with such request without delay: |
| 1. | Person who made the request; |
| 2. | Date, time, and purpose of the request; |
| 3. | Details of information provided by the location information provider; |
| 4. | Consent to the collection of personal location information. (limited to the cases under the proviso to paragraph (2)) |
| (10) | Matters necessary for requests for emergency rescue under paragraphs (1) and (2), confirmation of an intention under paragraph (3), and the method of, and procedures for, the issuing of warnings under paragraph (7), shall be prescribed by Presidential Decree. |
| (11) | Neither an emergency rescue agency nor a police agency shall inform any third party of the personal location information provided under paragraph (1) or (2): Provided, That the foregoing shall not apply to the following cases: <Added by Act No. 13203, Feb. 3, 2015> |
| 1. | Where the subject of personal location information has consented thereto; |
| 2. | Where the personal location information is provided to another emergency rescue agency or another police agency in a situation where it is inevitable for activities of emergency rescue. |
[This Article is Wholly Amended by Act No. 11423, May 14, 2012]
| Article 30 (Requests for Personal Location Information, and Method, etc. Thereof) |
| (1) | Where any emergency rescue agency or police agency requests a location information provider to provide personal location information pursuant to Article 29 (1) and (2), it shall use a location information system to do so, and where any location information provider receives a request from an emergency rescue agency or a police agency to provide personal location information, it shall use a location information system to do so. <Amended by Act No. 11423, May 14, 2012> |
| (2) | Emergency rescue agencies and police agencies shall report data about the requests for, and the provision of, personal location information under paragraph (1) and Article 29 (11), to the Security and Public Administration Committee of the National Assembly on a semi-annual basis, while location information providers shall report such data to the Science, Information and Communications Technology (ICT), Future Planning, Broadcasting and Communications Committee of the National Assembly on a semi-annual basis: Provided, That data about the requests for, and the provision of, such information under paragraph (1) shall be reported separately from data about the requests for, and the provisions of, such information under Article 29 (11). <Added by Act No. 11423, May 14, 2012; Act No. 11717, Mar. 23, 2013; Act No. 13203, Feb. 3, 2015> |
| (3) | Matters necessary for requests by emergency rescue agencies and police agencies under paragraph (1) and reports under paragraph (2), shall be prescribed by Presidential Decree. <Amended by Act No. 11423, May 14, 2012> |
| Article 30-2 (Use of Computerized Information about Registration of Family Relationships) |
Upon receipt of a request for emergency rescue under Article 29 (1), an emergency rescue agency may request the Minister of the National Court Administration to provide it with computerized data about registration under Article 11 (6) of the Act on the Registration, etc. of Family Relationships, so as to verify the relationship between the person requesting emergency rescue and the subject of personal location information. [This Article Added by Act No. 13203, Feb. 3, 2015]
| Article 31 (Reduction of, and Exemption from Costs) |
Where any location information provider issues a warning pursuant to Article 29 (7) or provides personal location information to an emergency rescue agency or a police agency pursuant to Article 30 (1), costs incurred therein may be reduced or exempt. <Amended by Act No. 11423, May 14, 2012>
| Article 32 (Submission, etc. of Statistical Data) |
Each location information provider shall submit statistical data concerning the issuance of warnings under Article 29 (7) and the provision of personal location information under Article 30 (1) to the Korea Communications Commission on a semi-annual basis. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11423, May 14, 2012>>
CHAPTER V BUILDING OF INFRASTRUCTURE, ETC. FOR THE USE OF LOCATION INFORMATION
| Article 33 (Promotion, etc. of Technological Development) |
| (1) | In order to efficiently promote the development of technologies and devices related to the collection, use, or provision of location information, the Minister of Science, ICT and Future Planning or the Korea Communications Commission may authorize relevant research institutes prescribed by Presidential Decree to perform projects for research and development, technical cooperation, technology transfer, technical guidance, etc. (hereafter referred to as "research and development, etc." in this Article). In such cases, the Minister of Science, ICT and Future Planning or the Korea Communications Commission or the Korea Communications Commission shall consult with the heads of related central administrative agencies thereon. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission may fully or partially subsidize research institutes for the expenses incurred to them in performing projects for research and development, etc. pursuant to paragraph (1). <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 34 (Promotion of Standardization) |
| (1) | The Minister of Science, ICT and Future Planning and the Korea Communications Commission may establish standards for the collection, use, or provision of location information for the sake of the protection and use thereof and publicly announce them, in consultation with the heads of related central administrative agencies: Provided, That the Korean Industrial Standards under Article 12 of the Industrial Standardization Act shall apply to the matters for which relevant Korean Industrial Standards are established. <Amended by Act No. 8486, May 25, 2007; Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning and the Korea Communications Commission may recommend a location information provider, etc. or a manufacturer or supplier of products related to location information to comply with the standards under paragraph (1). <Amended by Act No. 8867, Feb. 29, 2008> |
| (3) | Matters to be standardized under paragraph (1) shall be as follows: <Amended by Act No. 9483, Mar. 13, 2009> |
| 1. | Technologies related to the protection and certification of location information; |
| 2. | Technologies related to the collection, storage, management, and provision of location information; |
| 3. | Technologies related to emergency rescue and other public services; |
| 4. | Other base technologies related to the protection and use of location information. |
| (4) | Matters necessary for the method of, and procedures for, standardization under paragraph (1) shall be prescribed by Presidential Decree. <Added by Act No. 9483, Mar. 13, 2009> |
| (5) | The Minister of Science, ICT and Future Planning and the Korea Communications Commission may render assistance in activities for the standardization of the collection, use, and provision of location information. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 9483, Mar. 13, 2009; Act No. 11690, Mar. 23, 2013> |
| Article 35 (Promotion of Use of Location Information) |
| (1) | The Korea Communications Commission, following consultation with the heads of related central administrative agencies, may implement projects for the efficient utilization and promotion of related technologies and application services in various fields, such as the public sector, industry, living, and welfare, for the purpose of protecting and using location information, as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| (2) | The Korea Communications Commission may provide persons participating in any of the projects under paragraph (1) with technical and financial assistance as necessary. <Amended by Act No. 8867, Feb. 29, 2008> |
CHAPTER V-2 SUPPLEMENTARY PROVISIONS
| Article 36 (Requests for Submission of Materials and Inspections) |
| (1) | In any of the following cases, the Korea Communications Commission may request a location information provider, etc. to submit necessary materials, including relevant articles and documents: |
| 1. | Where the Korea Communications Commission discovers a violation of this Act or is informed of a suspected violation of this Act; |
| 2. | Where the Korea Communications Commission receives a report or complaint about a violation of this Act; |
| 3. | Where it is necessary to protect location information on any other ground specified by Presidential Decree. |
| (2) | If a location information provider, etc. fail to submit the materials under paragraph (1) or are found to have violated this Act, the Korea Communications Commission may authorize its public officials to enter the place of business of the location information provider, etc. and inspect the status of operation of business, relevant articles and documents, facilities, equipment, etc. In such cases, Article 16 (4) shall apply mutatis mutandis. |
[This Article Wholly Amended by Act No. 13203, Feb. 3, 2015]
Where the Korea Communications Commission intends to cancel permission or authorization or order discontinuation of business in accordance with Article 13, it shall hold a hearing. <Amended by Act No. 8867, Feb. 29, 2008>
| Article 38 (Delegation or Entrustment of Authority) |
| (1) | Part of the authority of the Korea Communications Commission vested under this Act, may be delegated to the heads of its affiliated agencies, as prescribed by Presidential Decree. |
| 1. | Inspection, conducted pursuant to Article 16 (3), of technical and managerial measures and the preservation status of records thereof (limited to affairs related to technical support); |
| 2. | Promoting standardization under Article 34; |
| 3. | Requesting the submission of materials and conducting inspections under Article 36 (1) and (2) (limited to affairs related to technical support). |
[This Article Wholly Amended by Act No. 13203, Feb. 3, 2015]
| Article 38-2 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
The executive officers and employees of the Korea Internet and Security Agency or the Telecommunications Technology Association engaging in the affairs entrusted by the Korea Communications Commission pursuant to Article 38 (2), shall be deemed as public officials in applying penalty provisions under Articles 129 through 132 of the Criminal Act to them. [This Article Added by Act No. 13203, Feb. 3, 2015]
| Article 38-3 (Provisions Applicable Mutatis Mutandis) |
Articles 16 (1) and (3), 17, 28 (1), 34, 35, and 36 shall apply mutatis mutandis to persons who engage in location-based service business not handling personal location information. [This Article Added by Act No. 13203, Feb. 3, 2015]
CHAPTER VI PENALTY PROVISIONS
| Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 11423, May 14, 2012; Act No. 13203, Feb. 3, 2015>
| 1. | Any person who engages in location information business without obtaining permission, in violation of Article 5 (1), or who obtains permission by fraud or other improper means; |
| 2. | Any person who divulges, alters, impairs, or discloses personal location information, in violation of Article 17; |
| 3. | Any person who collects, uses, or provides personal location information to another person, without the consent thereto of the subject of the personal location information or beyond the scope of consent given, in violation of Article 18 (1) or (2) or 19 (1), (2), or (5); or who receives personal location information for profit or for any unlawful purpose, although he/she is aware of such circumstance; |
| 4. | Any person who uses or provides to a third party, personal location information beyond the scope specified in the terms and conditions or notified to the pertinent subjects, in violation of Article 21; |
| 5. | Any person who uses personal location information for any purpose other than for emergency rescue, in violation of Article 29 (8); |
| 6. | Any person who provides or receives personal location information, without the consent thereto of the subject of the personal location information or for any purpose other than emergency rescue, in violation of Article 29 (11). |
| Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 8775, Dec. 21, 2007; Act No. 13203, Feb. 3, 2015>
| 1. | Any person who engages in location information business without obtaining permission to make a change or who obtains permission to make a change by fraud or other improper means, in violation of Article 5 (7): |
| 2. | Any person who engages in location-based service business without reporting in violation of Article 9 (1), or who reports by fraud or other improper means; |
| 3. | Any person who violates an order for business discontinuation issued under Article 13 (1); |
| 4. | Any person who collects, uses, or provides personal location information regarding an individual without the consent of the individual, in violation of Article 15 (1); |
| 5. | Any person who obtains personal location information regarding another person by deceiving a location information provider, etc. by copying telecommunications devices of such other person or misappropriating information, in violation of Article 15 (2). |
| Article 41 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 20 million won: <Amended by Act No. 11423, May 14, 2012; Act No. 13203, Feb. 3, 2015>
| 1. | Any person who fails to destroy personal location information, in violation of Article 8 (1) or (2), 11 (1) or (2), 23, or 24 (4); |
| 2. | Any person who changes a location information system without reporting the change or who reports a change in a location information system by fraud or other improper means, in violation of Article 9 (3); |
| 3. | Any person who violates an order for business discontinuation issued under Article 13 (1); |
| 4. | Any person who fails to take technical and managerial measures in violation of Article 16 (1) (including persons to whom said provisions shall apply mutatis mutandis pursuant to Article 38-3); |
| 4-2. | Any person who fails to ensure that data verifying the collection, use, and provision of location information are to be automatically recorded and preserved in a location information system, in violation of Article 16 (2); |
| 5. | Any person who refuses a request made by an emergency rescue agency or a police agency in violation of Article 29 (5), or who refuses to issue a warning, in violation of Article 29 (7). |
| Article 42 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Articles 39 through 41 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. [Wholly Amended by Act No.10137, Mar. 17, 2010]
| Article 43 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended by Act No. 13203, Feb. 3, 2015> |
| 1. | Any person who violates a condition for granting permission under Article 5 (4); |
| 2. | Any person who acquire business or conducts a merger or split-off without authorization, in violation of Article 7 (1); |
| 3. | Any person who fully or partially suspends or discontinues his/her business without obtaining approval, in violation of Article 8 (1) or (2); |
| 4. | Any person who refuses to provide personal location information, in violation of Article 20 (1); |
| 5. | Any person who refuses a request for temporary suspension or fails to take a technical measure, in violation of Article 24 (2). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Amended by Act No. 11423, May 14, 2012; Act No. 13203, Feb. 3, 2015> |
| 1. | Any person who fails to report the transfer, inheritance, merger, or split-off of business or a corporation, in violation of Article 10 (1); |
| 2. | Any person who fails to report the full or partial suspension or discontinuation of his/her business, in violation of Article 11 (1) or (2); |
| 3. | Any person who fails to report the terms and conditions or any modification thereto, in violation of Article 12 (1), or violates an order to change such terms and conditions under Article 12 (2); |
| 4. | Any person who collects, uses, or provides location information regarding a mobile object without the consent of its owner, in violation of Article 15 (1), or fails to give notice that the object has a built-in location information collection device in violation of Article 15 (3); |
| 5. | Any person who fails to perform a duty to specify terms and conditions in violation of Article 18 (1) or 19 (1); |
| 6. | Any person who collects personal location information, in violation of Article 18 (3); |
| 7. | Any person who fails to give information or notice, in violation of Article 19 (2) through (4); |
| 8. | Any person who fails to notify transfer, etc. of business, in violation of Article 22; |
| 9. | Any person who refuses a request for inspection, notification, or correction, in violation of Article 24 (3); |
| 10. | Any person who collects, uses, or provides personal location information without the consent of his/her legal representative, in violation of Article 25 (1); |
| 11. | Any person who requests emergency rescue under Article 29 (1) or (2), by fraud; |
| 12. | Any person who fails to notify the provision of personal location information, in violation of Article 29 (6); |
| 13. | Any person who fails to submit relevant articles, documents, etc. under Article 36 (1) or who submits any false article or document (including persons to whom said provisions shall apply mutatis mutandis pursuant to Article 38-3); |
| 14. | Any person who, without good cause, refuses, interferes with, or evades an inspection under Article 36 (2) (including persons to whom said provisions shall apply mutatis mutandis pursuant to Article 38-3). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 13203, Feb. 3, 2015> |
| 1. | Any person who changes the trade name or location of the main office without reporting the change, or who reports a change of the trade name or location of the main office by fraud or other improper means, in violation of Article 5 (7) or 9 (3); |
| 2. | Any person who fails to submit statistical data, in violation of Article 32. |
| (4) | Administrative fines under paragraphs (1), (2) (excluding subparagraph 11), and (3) shall be imposed and collected by the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015> |
| (5) | through (7) Deleted. <by Act No. 13203, Feb. 3, 2015> |
| (8) | Administrative fines under paragraph (2) 11 shall be imposed and collected by the heads of emergency rescue agencies or the heads of police agencies, as prescribed by Presidential Decree. <Amended by Act No. 11423, May 14, 2012> |
| (9) | Deleted. <by Act No. 13203, Feb. 3, 2015> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 29 through 32, subparagraph 5 of Article 41, Article 43 (2) 11 and 12, and Article 43 (8) shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Permission for Location Information Business) Each person who engages in the local information business as at the time this Act enters into force shall obtain permission from the Minister of Information and Communications in accordance with Article 5 (1), within three months from the date this Act enters into force. |
| (3) | (Transitional Measures concerning Reporting on Location-Based Service Business) Each person who engages in location-based service business as at the time this Act enters into force shall report his/her business to the Minister of Information and Communications in accordance with Article 9 (1), within three months from the date this Act enters into force. |
| (4) | (Transitional Measures concerning Terms and Conditions) Each person who engages in location information business or location-based service business as at the time this Act enters into force shall prepare terms and conditions under Article 12 (1) within three months from the date this Act enters into force and shall report them to the Minister of Information and Communications. |
ADDENDUM <Act No. 8002, Sep. 27, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 8775, Dec. 21, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8867, Feb. 29, 2008>
Article 1 (Enforcement Date, etc.)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9481, Mar. 13, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 9483, Mar. 13, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10137, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10166, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10517, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11423, May 14, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11717, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12840, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Disqualifications of Incompetent Persons, etc.)
Notwithstanding the amended provisions of Articles 6 (1) 1 and 26 (1) 2 and (2) 2, the previous provisions shall apply to the persons, for whom the declaration of incompetence or quasi-incompetence pronounced as at the time the amended provisions enter into force, remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That from among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts which have been promulgated before this Act enters into force but the enforcement dates of which have yet to arrive shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13203, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permission, etc. for Location Information Business)
The amended provisions of Articles 5 (8) 4 and 7 (3) 4 shall apply, beginning with where an application is filed for permission for location information business or authorization for the acquisition, etc. of location information business, after this Act enters into force.
ADDENDA <Act No. 13540, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures to Grounds for Disqualification)
Notwithstanding the amended provisions of Article 6, an employee of a location information provider as at the time this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.