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ENFORCEMENT DECREE OF THE RADIO WAVES ACT

Wholly Amended by Presidential Decree No. 20669, Feb. 29, 2008

Amended by Presidential Decree No. 20853, jun. 20, 2008

Presidential Decree No. 20896, Jul. 3, 2008

Presidential Decree No. 21161, Dec. 9, 2008

Presidential Decree No. 21692, Aug. 18, 2009

Presidential Decree No. 21719, Sep. 9, 2009

Presidential Decree No. 21807, Nov. 2, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22310, Jul. 26, 2010

Presidential Decree No. 22424, Oct. 1, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22493, Nov. 15, 2010

Presidential Decree No. 22605, Dec. 31, 2010

Presidential Decree No. 22771, Mar. 29, 2011

Presidential Decree No. 23082, Aug. 19, 2011

Presidential Decree No. 23759, May 1, 2012

Presidential Decree No. 24198, Nov. 23, 2012

Presidential Decree No. 24476, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25561, Aug. 27, 2014

Presidential Decree No. 25795, Dec. 3, 2014

Presidential Decree No. 26533, Sep. 22, 2015

Presidential Decree No. 26659, Nov. 20, 2015

Presidential Decree No. 27232, jun. 21, 2016

Presidential Decree No. 27299, jun. 30, 2016

Presidential Decree No. 27478, Sep. 5, 2016

Presidential Decree No. 27800, Jan. 24, 2017

Presidential Decree No. 27971, Mar. 29, 2017

Presidential Decree No. 28210, Jul. 26, 2017

Presidential Decree No. 28265, Sep. 5, 2017

Presidential Decree No. 28464, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Radio Waves Act and matters necessary for the implementation of said Act.
 Article 2 (Definitions)
The terms used in this Decree shall be defined as follows: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Deleted; <by Presidential Decree No. 20853, Jun. 20, 2008>
2. The term "radio transmitter facility" means a facility capable of transmitting radio waves, which consists of a radio transmitter and a transmitting antenna system;
3. The term "radio receiving facility" means a facility capable of receiving radio waves, which consists of a radio receiver and a receiving antenna system;
4. The term "radio transmitter" means a device generating high-frequency energy to transmit radio communication signals and devices appurtenant thereto;
5. The term "transmitting antenna system" means a facility radiating high-frequency energy generated by a radio transmitter into the air;
6. The term "antenna power" means electric power supplied to the antenna feeder;
7. The term "effective radiated power" means power obtained by multiplying antenna power by a gain relative to a half-wave dipole in a given direction;
8. The term "medium-wave broadcast" means a broadcast transmitting voice, sound, etc. using radio waves of radio frequencies allocated to broadcasting in the radio frequency spectrum ranging from 300 KHz through 3 MHz;
9. The term "short-wave broadcast" means a broadcast transmitting voice, sound, etc. using radio waves of radio frequencies allocated to broadcasting in the radio frequency spectrum ranging from 3 MHz through 30 MHz;
10. The term "ultra short-wave broadcast" means a broadcast transmitting voice, sound, etc. using radio waves of radio frequencies allocated to broadcasting in the radio frequency spectrum ranging from 30 MHz through 300 MHz, which do not fall under subparagraphs 11 and 12;
11. The term "television broadcast" means a broadcast transmitting instantaneous images of still or moving objects, accompanied by voice, sound, etc.;
12. The term "data broadcast" means a broadcast transmitting data with accompanying images, voice, sound, etc., which do not fall under subparagraphs 8 through 11;
13. The term "broadcasting service area" means an area in which a broadcast is received in good condition, the electric field strength of which exceeds the strength determined and publicly notified by the Minister of Science and ICT;
14. The term "blanketing area" means an area where strong signal from the transmitting antenna of a broadcasting station interferes with the reception of other radio waves. In cases of a medium wave broadcasting station, it means an area where the electric field strength of terrestrial radio waves is at least 1 volt per meter;
15. The term "studio" means the entirety of facilities necessary for the production, compilation, and coordination of broadcast materials and personnel engaged therein;
16. The term "radiodetermination" means obtaining information relating to the location, velocity, and other characteristics of an object by means of the propagation properties of radio waves;
17. The term "radionavigation" means radiodetermination used for navigation (including detection of an obstacle);
18. The term "radiolocation" means radiodetermination used for purposes other than radionavigation;
19. The term "radio direction-finding" means radiodetermination using the reception of radio waves for determining the direction of a radio station or object;
20. The term "radar" means a radiodetermination system based on the comparison of reference signals with radio signals reflected, or retransmitted, from the position to be determined.
CHAPTER II SECURING SPECTRUM RESOURCES
 Article 3 (Radio Frequencies, etc. subject to International Registration)
(1) Radio frequencies subject to registration under Article 5 (2) of the Radio Waves Act (hereinafter referred to as the "Act") shall be as prescribed in the Radio Regulations of the International Telecommunication Union.
(2) A person who intends to establish a radio station using radio frequencies subject to registration under paragraph (1) shall request the international registration of relevant radio frequencies from the Minister of Science and ICT. The same shall apply to the modification of international registration. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) A person who requests the international registration of radio frequencies shall pay a registration fee determined by the International Telecommunication Union.
 Article 4 (Investigations and Confirmation of Current Status of Use of Radio Frequencies)
(1) The investigation and confirmation of the current status of use of radio frequencies under Article 6 (2) of the Act shall be conducted on the following matters each year: <Amended by Presidential Decree No. 21191, Dec. 9, 2008; Presidential Decree No. 28464, Dec. 12, 2017>
1. Current status of radio frequency allocation, radio frequency assignment, designation of radio frequencies, and approval for use of radio frequencies;
2. Socioeconomic indicators relating to the use of radio frequencies;
3. Trends in the development of technologies using radio frequencies and in related industries;
4. Status of use and operation of radio facilities;
4-2. Status of use and operation of radio equipment for radio stations that can be established without reporting;
5. Matters concerning the formulation of the master plan for the promotion of radio waves under Article 8 of the Act.
(2) The Minister of Science and ICT may request necessary materials from any of the following persons, if necessary to investigate the status of using radio frequencies under paragraph (1). <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
1. The relevant authorized person or a person who has obtained approval to use radio frequencies prescribed in Article 18-2 (5) of the Act (hereinafter referred to as "authorized person, etc.");
2. A person who imports, manufactures, sells or uses any of radio equipment specified in Article 25.
(3) The Minister of Science and ICT may survey and analyze the demand of any of the persons falling under paragraph (2) for the matter referred to in Article 6 (2) of the Act; and may use the results of such survey and analysis as basic data to promote the efficient use of spectrum resources. <Newly Inserted by Presidential Decree No. 28464, Dec. 12, 2017>
 Article 5 (Public Announcement, etc. of Withdrawal of Radio Frequencies or Reallocation of Radio Frequencies)
(1) The Minister of Science and ICT shall publicly announce the following matters in the official gazette, daily newspapers, or on the website, etc. in order to withdraw or reallocate radio frequencies pursuant to Article 6-2 (1) of the Act: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Purpose of withdrawing or reallocating radio frequencies;
2. Object of withdrawal or reallocation of radio frequencies;
3. Timing of withdrawal or reallocation of radio frequencies;
4. Standards for computation of compensation for losses;
5. Methods of requesting and paying compensation for losses;
6. Other matters necessary for withdrawing or relocating radio frequencies.
(2) When making a public announcement under paragraph (1), the Minister of Science and ICT shall give notice to authorized persons, etc. of the intent that they may submit their opinions on the public announcement: Provided, That where service of notice is impossible or notice cannot be given because the address, residence, place of business, office, or email address of the authorized persons, etc. is unidentifiable by any ordinary means, such notice shall be deemed to have given to the authorized persons, etc. when 30 days have passed from the date of the public announcement under paragraph (1). <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 6 (Standards for Determining Actual Levels of Use of Radio Frequencies)
The standards for determining the actual levels of use of radio frequencies under Article 6-2 (1) and (2) of the Act shall be as follows:
1. The current status of the use of relevant radio frequencies and prospects of demand therefor;
2. Trends in the development of technologies using radio waves;
3. International trends in the use of radio frequencies;
4. Necessity for public interest, such as national security or safety of human lives.
 Article 7 (Requirements for Readjustment of Radio Frequency Bands)
In any of the following circumstances, the Minister of Science and ICT may readjust radio frequency bands pursuant to Article 6-2 (2) of the Act: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Where necessary to secure extra radio frequencies for the introduction, etc. of new services;
2.  Where necessary to change the occupied bandwidth due to development of technologies using radio waves, etc.;
3. Where necessary to prevent interference;
4. Where deemed necessary to readjust the bandwidth for promoting the efficient use of radio frequencies.
 Article 7-2 (Composition, Operation, etc. of Radio Frequency Deliberation Committee)
(1) The Radio Frequency Deliberation Committee referred to in Article 6-2 (3) of the Act (hereafter referred to as the "Committee" in this Article) shall be comprised of not more than seven members, including a Chairperson, and the following persons shall become its members: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. One person each nominated by the head of a relevant agency, from among members of the Senior Executive Service of the Office for Government Policy Coordination, the Ministry of Science and ICT, and the Korea Communications Commission;
2. Persons commissioned by the Chairperson, from among the following persons:
(a) A professor serving in the department of radio frequency studies, such as electronic engineering and radio wave engineering, for at least five years at a school, as defined in Article 2 of the Higher Education Act;
(b) A current or former researcher in the field of radio frequencies at an authorized research institute for at least five years.
(2) Each member referred to in paragraph (1) 2 shall hold office for a term of two years and may be reappointed only once.
(3) A person who nominates a Committee member prescribed in paragraph (1) 1 may revoke the nomination, if: <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015>
1. The Committee member becomes unable to perform his/her duties due to a mental disorder;
2. The Committee member engages in any misconduct in connection with his/her duties;
3. The Committee member is deemed unfit as a Committee member due to neglect of his/her duties, injury to dignity, or any other reason;
4. The Committee member voluntarily manifests his/her unfitness to perform the duties of his/her office.
(4) Where a Committee member prescribed in paragraph (1) 2 falls under any of the subparagraphs of paragraph (3), the Chairperson may dismiss the member. <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015>
(5) The Committee shall have one secretary member, who shall be nominated by the Minister of Science and ICT, from among members of the Senior Executive Service of the Ministry of Science and ICT pursuant to paragraph (1) 1. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(6) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring votes of a majority of those present. <Amended by Presidential Decree No. 26844, Dec. 31, 2015>
(7) Where the Chairperson is unable to perform his/her duties due to any unavoidable reason, the member nominated in advance by the Chairperson shall act on behalf of the Chairperson. <Amended by Presidential Decree No. 26844, Dec. 31, 2015>
(8) Except as otherwise provided for in paragraphs (1) through (7), the composition and operation of the Committee and other necessary matters shall be determined by the Chairperson by a resolution of the Committee. <Amended by Presidential Decree No. 26844, Dec. 31, 2015>
[This Article Newly Inserted by Presidential Decree No. 24476, Mar. 23, 2013]
 Article 8 (Standards for Computation of Compensation for Loss, Procedures for Filing Claims, etc.)
(1) The standards for computing compensation for any loss under the main sentence of Article 7 (1) and Article 7 (4) of the Act are as set forth in attached Table 1. <Amended by Presidential Decree No. 28464, Dec. 12, 2017>
(2) Pursuant to the main sentence of Article 7 (1) and Article 7 (4) of the Act, an authorized person, etc. shall file a claim for compensation for any loss, stating the details of such loss, along with evidentiary documents, with the Minister of Science and ICT within 120 days from the date of the public announcement under Article 5 (1): <Amended by Presidential Decree No. 24198, Nov. 23, 2012; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
(3) The Minister of Science and ICT shall determine the amount of compensation and notify an authorized person, etc. or a person who has obtained the assignment, designation and approval for use of a new radio frequency (hereinafter referred to as “new user”) within 60 days after receipt of the claim for compensation for loss under paragraph (2): Provided, That where there is good cause, making it impossible to determine and give notice of the amount of compensation within such period, he/she may give notice of the grounds therefor and extend the period by up to 30 days only once. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
(4) The Minister of Science and ICT or a person who directly compensates for loss under Article 7 (4) of the Act shall pay compensation for loss determined under paragraph (3) to an authorized person, etc. by no later than the date radio frequencies are withdrawn or relocated. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
(5) Deleted. <by Presidential Decree No. 28464, Dec. 12, 2017>
 Article 9 (Collection of Amount Collectible)
Where the Minister of Science and ICT intends to collect money paid as compensation to an authorized person, etc. pursuant to Article 7 (2) of the Act, he/she shall give written notice, stating the amount collectible, payment deadline, etc., to new users to make a payment into an account for the management of receipt and disbursement of the Broadcasting Communications Development Fund under Article 24 of the Framework Act on Broadcasting Communications Development (hereinafter referred to as "Broadcasting Communications Development Fund") to be opened at the Bank of Korea. <Amended by Presidential Decree No. 21692, Aug. 18, 2009; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 10 (Standards for Calculating and Apportioning Refund of Prices for Radio Frequency Assignment)
(1) The standards for calculating the price for assignment of radio frequencies to be refunded subject to the main sentence of Article 7 (5) of the Act shall be as specified in attached Table 2.
(2) The apportionment of the price for assignment of radio frequencies refunded subject to Article 7 (5) of the Act shall be based on the amount transferred to the revenue of the Broadcasting Communications Development Fund and the revenue of the Information and Communications Promotion Fund established under Article 41 of the Information and Communications Technology Industry Promotion Act (hereinafter referred to as the "Information and Communications Promotion Fund"). <Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010>
CHAPTER III ALLOCATION AND ASSIGNMENT OF SPECTRUM RESOURCES
 Article 10-2 (Persons Entitled to Support, and Methods, Procedures, etc. for Support after Change in Allocation of Radio Frequencies)
(1) Persons entitled to support under Article 9-2 (2) of the Act shall be those who meet the requirements determined and publicly notified by the Minister of Science and ICT, taking into account the service life of broadcasting and communications equipment, the period for advance announcement to change the allocation of radio frequencies, and other factors, among persons who have purchased and are currently using broadcasting and communications equipment which becomes unusable due to change in the allocation of radio frequencies. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The support referred to in Article 9-2 (2) of the Act shall be provided in the following manner. In such cases, detailed methods for providing such support, including the calculation of detailed amount, and methods of modifying or improving broadcasting and communications equipment, shall be determined and publicly notified by the Minister of Science and ICT: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Paying an amount calculated taking into account the average service period, service life, selling price, etc. of the broadcasting and communications equipment comprehensively;
2. Providing support to use other radio frequencies by modifying or improving the broadcasting and communications equipment.
(3) A user of radio facilities who intends to obtain the support referred to in Article 9-2 (2) of the Act shall submit an application for support to the Minister of Science and ICT, along with documents evidencing his/her entitlement to the support under paragraph (1). In this regard, the procedures for providing support and other specific matters shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014]
 Article 10-3 (Designation and Operation of Unlicensed Radio Equipment Support Center)
(1) "An institution or organization which meets the requirements set by Presidential Decree in terms of professional workforce, facilities, etc." in Article 9-3 (1) of the Act means any of the following institutions or organizations:
1. The Korea Communications Agency established under Article 66 (1) of the Act (hereinafter referred to as the "Agency");
2. The Korea Radio Promotion Association established under Article 66-2 (1) of the Act (hereinafter referred to as the "Association");
3. An institution or organization meeting the requirements for designation specified in attached Table 2-2.
(2) An unlicensed radio equipment support center designated under Article 9-3 of the Act (hereafter referred to as “center” in this Article) shall provide the following services related to broadcasting and communications equipment that has become unusable due to the changes in allocation of radio frequencies:
1. Providing monetary support or support for modification or improvement under Article 9-2 (2) of the Act;
2. Conducting a fact-finding survey of broadcasting and communications equipment;
3. Matters concerning public relations campaigns related to the termination of the use of broadcasting and communications equipment, support, etc. for resolving user inconvenience.
(3) To conduct the fact-finding survey referred to in paragraph (2) 2, the center may request cooperation from persons who have imported, manufactured, or sold the relevant broadcasting and communications equipment, including submission of necessary data.
(4) Upon designating or revoking the designation of a center under Article 9-3 (1) or (3) of the Act, the Minister of Science and ICT shall post such fact on the website. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014]
 Article 11 (Public Announcement of Assignment of Radio Frequencies)
(1) The Minister of Science and ICT shall publicly announce the following matters in order to assign radio frequencies pursuant to Article 10 (1) of the Act: Provided, That subparagraph 3 shall only apply to assignment of radio frequencies at a price calculated under the proviso to Article 11 (1) of the Act, and subparagraphs 6-2 and 6-3 shall only apply to assignment of radio frequencies through an auction under the main sentence of Article 11 (1) of the Act (hereinafter referred to as "radio frequency assignment through an auction"): <Amended by Presidential Decree No. 21161, Dec. 9, 2008; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Radio frequencies and bandwidth subject to assignment;
2. Methods and timing of assignment;
3. Prices for assignment of radio frequencies;
4. Timing of use of radio frequencies;
5. Matters concerning the use of radio frequencies and technical methods;
5-2. Scope of persons eligible to apply for the assignment of radio frequencies;
6. Conditions imposed under Article 13 (2);
6-2. Methods and procedures for radio frequency assignment through an auction;
6-3. The reserve price provided for in Article 11 (2) of the Act (hereinafter referred to as "reserve price");
7. Other matters necessary for radio frequency assignment.
(2) Paragraph (1) shall apply mutatis mutandis to the public announcement of assignment of satellite radio frequencies and satellite orbit prescribed in Article 10 (2) of the Act (hereinafter referred to as a “satellite radio frequency, etc.”). In such cases, “radio frequencies subject to assignment” referred to in paragraph (1) 1 shall be construed as “satellite radio frequencies, etc. subject to assignment.” <Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016>
(3) Public announcements referred to in paragraphs (1) and (2) shall be made by no later than one month prior to the scheduled date for radio frequency assignment. <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
 Article 12 (Applying for Assignment of Radio Frequencies)
(1) A person who applies for assignment of radio frequencies pursuant to Article 10 (3) of the Act shall submit the following documents (including electronic documents): <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 27232, Jun. 21, 2016>
1. Articles of incorporation of the corporation (including the corporation to be established; hereafter the same shall apply in this Article, and Articles 17 and 19);
2. A list of stockholders of the corporation and documents concerning the ownership of stocks, etc. of stockholders;
3. Plans to use radio frequencies;
4. Documents determined by the public announcement of radio frequency assignment pursuant to Article 10 (1) or (2) of the Act.
(2) Upon receipt of an application for assignment of radio frequencies filed under paragraph (1), the Minister of Science and ICT shall verify the corporate registration certificate by sharing administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Except as otherwise expressly prescribed in paragraphs (1) and (2), the procedures and methods for filing applications for assignment of radio frequencies, and other necessary matters, shall be determined and publicly notified by the Minister of Science and ICT. <Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 13 (Prevention of Monopolies and Oligopolies in Spectrum Resources)
(1) "Persons in a special relationship with him/her prescribed by Presidential Decree" in Article 10 (4) of the Act means a person who is applicable under any subparagraph of Article 11 of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 27232, Jun. 21, 2016>
(2) Conditions that can be imposed by the Minister of Science and ICT when assigning radio frequencies pursuant to Article 10 (4) of the Act are as follows: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters concerning a cap on the spectrum that can be allocated to a person who has been allocated spectrum or a person applicable under paragraph (1). In such cases, the spectrum cap shall be determined in consideration of the amount of spectrum to be newly allocated and the amount of spectrum already assigned that is substitutable with the spectrum to be newly assigned in terms of service;
2. Matters concerning the timing and methods of withdrawing radio frequencies in excess of the spectrum cap stated in subparagraph 1;
3. Matters concerning when the services with an allocated spectrum are provided, service areas, and the level of quality.
 Article 14 (Standards for Computation, Procedures for Imposition, etc. of Price for Assignment of Radio Frequencies)
(1) The standards for computing the price for the assignment of radio frequencies under the latter part of Article 11 (3) of the Act are as specified in attached Table 3: Provided, That where any other radio frequency of the use same as or similar to the radio frequency subject to assignment has ever been assigned through an auction, the price for radio frequency assignment may be computed taking account of the following matters: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. The price for the allocation of radio frequencies of the same or a similar use;
2. Characteristics of the radio frequency subject to assignment and its bandwidth;
3. Period of use and usage of the radio frequency subject to assignment and technical methods;
4. Other matters deemed necessary by the Minister of Science and ICT, such as prospects of demand for radio frequencies subject to assignment.
(2) To charge a price for the assignment of radio frequencies, the Minister of Science and ICT shall give written notice stating the amount payable, payment deadline, etc., to the relevant applicant to make a payment into the respective account for the management of receipt and disbursement of the Broadcasting Communications Development Fund and the Information and Communications Promotion Fund opened at the Bank of Korea. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Detailed matters concerning the computation and imposition of prices for the assignment of radio frequencies shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 14-2 (Methods of Determining Reserve Price)
The reserve price shall be determined taking account of the following matters:
1. Matters referred to in Article 14 (1) 1 through 3;
2. Estimated sales from services using radio frequencies subject to assignment;
3. Demand for radio frequencies subject to assignment.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 15 (Security Deposits)
(1) The security deposit subject to Article 11 (4) of the Act (hereinafter referred to as "security deposit") shall be calculated according to the following classification: <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
1. In cases of radio frequency assignment under the main sentence of Article 14 (1): An amount equivalent to 10/100 of the amount of payable computed on the basis of estimated sales under subparagraph 2 of attached Table 3;
2. In cases of radio frequency assignment under the proviso to Article 14 (1): An amount equivalent to 10/100 of the price for the assignment of radio frequencies;
3. In cases of radio frequency assignment through an auction: An amount equivalent to 10/100 of the reserve price.
(2) The security deposit shall be paid in cash or by a certificate of guarantee, etc. referred to in any of the subparagraphs of Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party.
(3) The Minister of Science and ICT shall refund a security deposit without delay upon having assigned the radio frequency for which the security deposit was paid pursuant to paragraph (2), unless any of grounds referred to in Article 11 (5) of the Act arises. <Amended by Presidential Decree No. 21161, Dec. 9, 2008; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 15-2 (Apportionment, etc. of Revenue)
Where the security deposit and price for radio frequency assignment are apportioned to the Broadcasting Communications Development Fund and the Information and Communications Promotion Fund pursuant to Article 11 (5) and (6) of the Act, the ratio publicly notified by the Minister of Science and ICT after consultation with the Korea Communications Commission shall apply to the extent that the difference in the apportionment ratio does not exceed 30 percent. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 16 (Transfer and Lease of Spectrum License)
(1) "Period prescribed by Presidential Decree" in the main sentence of Article 14 (2) of the Act means three years from the date of assignment of a radio frequency. <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
(2) "Cases where any cause or event prescribed by Presidential Decree arises" in the proviso to Article 14 (2) of the Act means cases stated in subparagraphs 1 and 2 in the case of transfer of a spectrum license, and cases stated in subparagraph 3 in the case of leasing of a spectrum license: <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
1. Where a person who is assigned radio frequencies becomes bankrupt;
2. Where a person who is assigned radio frequencies merges with another entity, or all or part of the business operated by him/her is transferred to another entity in order to cope with sudden changes in economic conditions or to make his/her business more efficient;
3. Where he/she is assigned radio frequencies pursuant to Article 16 of the Act.
 Article 17 (Filing Applications, etc. for Approval to Acquire or Lease Spectrum License)
(1) A person who intends to acquire or lease a spectrum license pursuant to Article 14 (3) of the Act shall file an application for approval with the Minister of Science and ICT, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 21191, Dec. 9, 2008; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. A copy of the contract for the transfer and acquisition of the spectrum license or a copy of the lease contract for the spectrum license;
2. Articles of incorporation of the corporation;
3. A list of stockholders of the corporation and documents concerning the ownership of stocks, etc. of stockholders;
4. Plans to use radio frequencies (including plans to use radio frequencies of the lessor);
5. Documents determined by the public announcement of radio frequency assignment pursuant to Article 10 (1) of the Act;
6. Measures to protect users;
7. Documents verifying that Article 16 (2) 1 or 2 is applicable (applicable only to a person who acquires the spectrum license for a reason provided for in the proviso to Article 14 (2) of the Act).
(2) Article 12 (2) shall apply mutatis mutandis to the procedure for filing applications for approval to acquire or lease spectrum licenses under paragraph (1).
(3) The Minister of Science and ICT shall decide on whether to grant approval, within 30 days of receipt of an application for approval filed under paragraph (1), taking into account the matters referred to in the subparagraphs of Article 12 of the Act, and inform the applicant of the decision. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 18 (Reassignment)
(1) Where a person who receives radio frequency assignment pursuant to the main sentence of Article 16 (1) of the Act intends to be assigned radio frequencies upon expiry of the period of use of radio frequencies, he/she shall apply for reassignment not later than six months before the period of use of radio frequencies expires. <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
(2) Articles 12 and 14 shall apply mutatis mutandis to the procedures for applying for radio frequency reassignment under paragraph (1) and the calculation, collection, etc. of price for such reassignment. <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
 Article 19 (Procedures, etc. for Alteration)
(1) A person who intends to alter his/her radio frequency pursuant to Article 17 (1) of the Act shall file an application for alteration (including in electronic application form) with the Minister of Science and ICT, along with the following documents: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Articles of incorporation of the corporation;
2. A list of stockholders of the corporation and documents concerning the ownership of stocks, etc. of stockholders;
3. Plans to use radio frequencies.
(2) The Minister of Science and ICT shall determine whether the applicant is eligible for alteration, timing of alteration, price of radio frequency assignment, etc. within six months from the date of receipt of the application under paragraph (1), and notify the applicant and interested persons of such determination in advance. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) An applicant in receipt of notification under paragraph (2) may withdraw his/her application for alteration in writing within three months after receipt of the notification.
(4) Where no withdrawal is made under paragraph (3), the Minister of Science and ICT shall allow the applicant to alter the relevant radio frequency and publicly announce the person eligible for alteration, timing of alteration, period of use of the radio frequency, price of radio frequency assignment, and other matters necessary for alteration in the official gazette or daily newspapers, or on the website, etc. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Article 12 (2) shall apply mutatis mutandis to the procedures for applying for transfer of radio frequencies under paragraph (1), and Article 14 shall apply mutatis mutandis to the computation and collection of the price of radio frequency assignment, payable by an applicant allowed to alter the frequency pursuant to paragraph (4).
 Article 20 (Form, etc. of Spectrum Licenses Register)
(1) Matters, etc. to be recorded in the Spectrum License Register under Article 18 (1) of the Act shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
(2) A person who intends to peruse or obtain a copy of the Spectrum License Register pursuant to Article 18 (2) of the Act shall file an application for perusal (or copy) of the Spectrum License Register with the Minister of Science and ICT. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 20-2 (Filing Applications, etc. for Approval to Use Radio Frequencies)
(1) Any person who intends to obtain approval to use a radio frequency pursuant to Article 18-2 of the Act shall file an application, stating the following matters, with the Minister of Science and ICT. The same shall also apply to any modification to the following matters for which such approval has been acquired: <Amended by Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Use;
2. Type of radio waves, occupied bandwidth, and radio frequency (in cases of satellite radio frequencies, including satellite orbits);
3. Antenna power;
4. Type, configuration, and gain of antennas;
5. Coverage.
(2) Where necessary to approve an application filed under paragraph (1), the Minister of Science and ICT may request the relevant applicant under paragraph (1) to submit an installation outline (excluding an application for alteration of approved matters) and a detailed statement of alteration of approval to use the radio facilities (applicable only where an application is filed to alter the approved matters). <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) A person who intends to relinquish the radio frequency that have been approved for use under Article 18-2 (4) of the Act shall, without delay, notify the Minister of Science and ICT thereof, if he/she discontinues using the relevant radio frequency due to the closure, etc. of a radio station. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014]
 Article 20-3 (Establishment of Radio Frequency Supply and Demand Plan for Public Purposes)
“Agency or organization prescribed by Presidential Decree” referred to in Article 18-6 (1) of the Act means any of the following agencies or organizations:
2. Local government-directly operated enterprises, local government-invested public corporations, and local government public corporations established under the Local Public Enterprises Act;
3. Schools established under Article 2 of the Higher Education Act.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 20-4 (Plans to Use Radio Frequencies for Public Purposes, etc.)
(1) The plans to use radio frequencies for public purposes in the following year, which are established by the heads of relevant central administrative agencies, local governments, and agencies or organizations prescribed in Article 20-3 (hereinafter referred to as “relevant central administrative agencies, etc.”) pursuant to Article 18-6 (2) of the Act shall include the following matters:
1. The purposes of using radio frequencies, and business affairs requiring the use of radio frequencies;
2. The radio frequency spectrum, radio-frequency bandwidth, and demand quantity and the basis for calculation;
3. Yearly plans for using radio frequencies by region, including plans for establishing and operating a communication network;
4. Matters related to the technology modes for using radio waves and their standardization;
5. The necessity of using radio frequencies for the public good, and related social and economic ripple effects;
6. Plans to secure financial resources for using radio frequencies, including the cost of establishing and operating a communication network, spectrum use fees, etc.
(2) Detailed matters necessary to establish the plan to use radio frequencies for public purposes referred to in paragraph (1) shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 20-5 (Requests for Materials to Establish Radio Frequency Supply and Demand Plan for Public Purposes)
The Minister of Science and ICT may request related materials from the heads of relevant central administrative agencies, etc., where necessary to assess the appropriateness of the plans to use radio frequencies for public purposes pursuant to Article 18-6 (3) of the Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 20-6 (Consultation and Coordination with Policy Council on Radio Frequencies for Public Purposes)
“Such cases as prescribed by Presidential Decree” in Article 18-6 (4) 1 of the Act means any of the following cases where it is necessary to have consultation on adjusting priorities regarding the use of radio frequencies for public purposes, use of radio frequencies, etc. (excluding where approval to use radio frequencies is granted under Article 18-2 of the Act):
1. When the radio frequency spectrum is less than 300 MHz: if the bandwidth of radio frequencies is at least 1 MHz;
2. When the radio frequency spectrum is 300 MHz or greater, but less than 3 GHz: if the bandwidth of radio frequencies is greater than 10 MHz;
3. When the radio frequency spectrum is 3 GHz or greater, but less than 30 GHz: if the bandwidth of radio frequencies is greater than 30 MHz;
4. When the radio frequency spectrum is 30 GHz or greater: if the bandwidth of radio frequencies is greater than 150 MHz.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 20-7 (Alteration of Radio Frequency Supply and Demand Plan for Public Purposes)
Upon altering a radio frequency supply and demand plan for public purposes under Article 18-7 (2) of the Act, the Minister of Science and ICT shall inform the head of the relevant central administrative agency, etc. who has submitted a written request for alteration of the radio frequency supply and demand plan for public purposes of such alteration pursuant to Article 18-7 (1) of the Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 20-8 (Designation, etc. of Institutions for Investigation and Analysis of Appropriateness of Radio Frequencies for Public Purposes)
(1) “Institution or organization meeting the requirements determined by Presidential Decree” in Article 18-8 (1) of the Act means an institution or organization that meets all of the following requirements:
1. It shall be a public institution as defined in Article 4 of the Act on the Management of Public Institutions;
2. Its main business shall be a radio waves-related business;
3. It shall meet the standards for workforce and facilities necessary for investigating and analyzing the appropriateness of radio frequencies for public purposes prescribed in attached Table 3-2;
(2)  An institution for investigating and analyzing the appropriateness of radio frequencies for public purposes designated under Article 18-8 (1) of the Act shall engage in the following business activities:
1. To survey and analyze the demand for radio frequencies for public purposes for promoting the efficient use of radio frequencies for public purposes;
2. To survey and analyze the needs and status of use of radio frequencies to be conducted for the assessment prescribed in Article 18-6 (3) and the latter part of Article 18-7 (1) of the Act;
3. To support the establishment of the radio frequency supply and demand plan for public purposes, including surveys and research for promoting the efficient use of radio frequencies for public purposes.
(3) Upon designating an institution for investigating and analyzing the appropriateness of radio frequencies for public purposes or revoking designation pursuant to Article 18-8 (1) or (3) of the Act, the Minister of Science and ICT shall publish such fact in the official gazette or post the same on the website of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 20-9 (Policy Council on Radio Frequencies for Public Purposes)
(1) The Policy Council on Radio Frequencies for Public Purposes established under Article 18-9 (1) of the Act (hereinafter referred to as the “Policy Council”) shall have one executive secretary, who shall be nominated by the Minister of Science and ICT from among 4th grade or higher public officials of the Ministry of Science and ICT, to support the efficient operation of the Policy Council. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) Matters necessary for operating the Policy Council, other than those prescribed in paragraph (1), shall be determined by the Chairperson by a resolution of the Policy Council.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
CHAPTER IV USE OF SPECTRUM RESOURCES
SECTION 1 Authorization, Operation, etc. of Radio Stations
 Article 21 (Radio Stations Deemed to Have Obtained Authorization)
"Radio station as specified by Presidential Decree" in the former part of Article 19 (2) of the Act means any of the following radio stations: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. A portable radio station using radio frequencies allocated by the Minister of Science and ICT pursuant to Article 10 of the Act;
2. A radio station for satellite mobile communications used pursuant to the agreement approved under Article 86 (2) of the Telecommunications Business Act.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 22 (Notification of Service Contracts)
Every telecommunications business entity that enters into service contracts pursuant to Article 19 (3) of the Act shall notify the Minister of Science and ICT of the following matters within 15 days of the end of each quarter: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28210, Jul. 26, 2017>
1. The number of subscribers who have newly entered into a service contract during the relevant quarter;
2. The number of subscribers as at the end of each quarter;
3. The number of subscribers, who are servicemen on active duty (including persons seconded pursuant to Article 24 (2) or 25 (1) (excluding soon-to-be graduates from the Korea National Police University among those referred to in subparagraph 2 of the same paragraph, who are recommended to serve in the auxiliary police company) of the Military Service Act) enlisted in the military service as a conscript or volunteer pursuant to the same Act and have suspended the use of a radio station under Article 21;
4. The number of subscribers suspended from using a radio station under Article 21 due to non-payment of usage fees under a service contract.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 23 (Radio Stations Established under Approval for Use of Radio Frequencies)
A radio station that can be established upon obtaining approval for use of radio frequencies pursuant to Article 19 (5) of the Act shall be any of the following radio stations. In such cases, the Minister of Science and ICT may prioritize granting approval for a radio station falling under subparagraph 1, which is necessary for national security: <Amended by Presidential Decree No. 25795, Dec. 3, 2014>
1. A radio station managed and operated by the Minister of National Defense pursuant to Article 3 of the Military Telecommunications Act;
2. A radio station established at the request of the Minister of Foreign Affairs to be used for the purpose of protocol, security service, etc. while the head of a foreign country, etc. visits Korea;
3. A radio station established at the request of the Minister of Foreign Affairs to be used for diplomatic and consular affairs of a foreign mission in Korea;
4. A radio station established at the request of the head of a relevant national agency by a foreigner for an international or national event held in Korea during the period of such event;
5. A radio station to which subparagraph 2 of Article 3 of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea applies among radio stations managed and operated by the United States Armed Forces;
6. A radio station managed and operated by the head of an agency in charge of information and security relating to national security in line with his/her duties.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 24 (Radio Stations that may be Established after Filing Reports)
(1) A radio station that may be established after reporting pursuant to Article 19-2 (1) 1 and 2 of the Act shall be a radio station using any of the following radio equipment: <Amended by Presidential Decree No. 24198, Nov. 23, 2012; Presidential Decree No. 27232, Jun. 21, 2016>
1. Portable radio equipment among radio facilities for simplex radio stations: Provided, That portable radio equipment installed in a mobile vehicle, such as an automobile and ship, shall be excluded herefrom;
2. Receive-only radio equipment in the radio astronomy service;
3. Portable radio equipment among radio facilities for mobile stations or land mobile stations: Provided, That portable radio equipment installed in an automobile, ship, etc. shall be excluded;
4. Radio equipment for a general earth station, transmission, such as radio frequencies, output, form of radio waves, etc. of which is controlled by another general earth station.
(2) A radio station that may be established after reporting pursuant to Article 19-2 (1) 3 of the Act shall be any of the following radio stations: <Amended by Presidential Decree No. 24198, Nov. 23, 2012; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. The following radio stations, for providing common telecommunications services defined in the main sentence of subparagraph 11 of Article 2 of the Telecommunications Business Act:
(a) Mobile communications;
(b) Portable Internet services;
(c) Location-based services;
(d) Wireless data communications;
(e) Trunked radio services and radio paging services with nationwide coverage;
(f) A radio station publicly notified by the Minister of Science and ICT as he/she deems unnecessary to limit the place of installation, operating hours, radio frequencies, antenna power, etc. of the radio station for the prevention, etc. of international and regional interference;
2. A radio station for CATV broadcasting business defined in subparagraph 2 (b) of Article 2 of the Broadcasting Act or a radio station for signal transmission network business defined in subparagraph 13 of the same Article.
(3) A radio station that may be established after reporting pursuant to Article 19-2 (1) 4 of the Act shall be any of the following radio stations:
1. A satellite broadcasting auxiliary station;
2. A terrestrial broadcasting auxiliary station established underground or in a tunnel.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 25 (Radio Station that May be Established without Reporting)
"Radio station specified by Presidential Decree" in Article 19-2 (2) of the Act means a radio station using any of the following radio equipment: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. A standard field strength generator, heterodyne-radio frequency measuring instrument, and other small electric power generators for measurement;
2. Radio equipment for a citizen band station which has undergone conformity assessment under Article 58-2 (1) of the Act (hereinafter referred to as "conformity assessment") and is established using radio frequencies determined by the Minister of Science and ICT for free use by individuals in their daily lives;
3. Receive-only radio equipment other than the radio equipment referred to in Article 24 (1) 2;
4. Radio equipment which has undergone conformity assessment, and the Minister of Science and ICT determines and publicly notifies the use, radio frequencies, antenna power, electric field strength, etc. for use within the scope of output that does not obstruct communications among other radio stations.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 26 (Establishment of Radio Stations by Foreigners, etc.)
"Radio station which is prescribed by Presidential Decree" in Article 20 (2) 4 (c) of the Act means any of the following radio stations:
1. A base station;
2. A land mobile station;
3. A simplex radio station.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 27 (Conditions for Establishing Radio Stations)
(1) An experimental station shall meet the following conditions for establishment in addition to the conditions for establishment provided for in Article 20-2 (1) of the Act:
1. The applicant shall have appropriate capability to conduct the experiment;
2. The purpose and details of the experiment shall have the reasonable potential to contribute to the advancement and development of science and technologies and the spread of scientific knowledge;
3. The purpose and details of the experiment shall not harm public welfare;
4. The Applicant shall need emission of radio waves to attain his/her purposes, and have reasonable experimental plans and proper facilities in place to implement such plans.
(2) An amateur station shall meet the following conditions for establishment in addition to the conditions for establishment provided for in Article 20-2 (1) of the Act: <Amended by Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28464, Dec. 12, 2017>
1. The applicant shall be any of the following:
(a) A person with an operator certificate that allows operation of radio facilities of a relevant amateur station (including a person who intends to operate an amateur station in his/her licensing service for a while during his/her stay in the Republic of Korea, among those who have an amateur radio operator license in a foreign country and are recommended by an organization designated by the Minister of Science and ICT);
(b) An incorporated association that meets the following requirements with an aim of spreading and developing amateur services:
(i) He/she shall not aim to make a profit;
(ii) Articles of incorporation clearly stating the objective, name, office, asset, appointment and discharge of directors and matters concerning the acquisition and loss of qualifications for membership shall be prepared, and a representative deemed appropriate shall be appointed;
(iii) A person with an operator certificate that allows operation of radio facilities of an amateur station shall be included;
(c) An organization consisting of at least three persons with a certificate of an amateur radio operator that allows operation of radio facilities of the relevant amateur station;
2. The antenna power of radio facilities shall not exceed one kilowatt (50 kilowatts in cases of an amateur station in motion);
3. The purpose or details of operation of amateur station shall not harm public welfare.
(3) An amateur station established for the purpose of relay shall meet the following conditions for establishment in addition to the conditions for establishment under paragraph (2):
1. The applicant shall be a person who falls under paragraph (2) 1 (b) or a person who has installed a satellite for amateur services for relay among amateur stations;
2. It shall have measures appropriate for maintaining and managing facilities.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 28 (Classification of Services)
(1)  Services provided by radio stations pursuant to Article 20-2 (3) of the Act shall be classified as follows: <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
1. Fixed service: Radio communication service between certain fixed locations;
2. Broadcasting service:
(a) Terrestrial broadcasting service: A radio communication service transmitting signals using terrestrial transmission facilities so that the public may directly receive them;
(b) Satellite broadcasting service: A radio communication service transmitting signals using transmission facilities of satellites so that the public may directly receive them;
(c) Terrestrial broadcasting auxiliary service: A radio communication service relaying terrestrial broadcasting signals using terrestrial transmission facilities to resolve poor reception of terrestrial broadcast;
(d) Satellite broadcasting auxiliary service: A radio communication service relaying satellite broadcast signals using transmission facilities on land to resolve poor reception of satellite broadcasting;
3. Land mobile service: A radio communication service between base stations and land mobile stations or between land mobile stations, or between aforementioned stations via relay by mobile relay stations;
4. Maritime mobile service: A mobile service between ship stations and coast stations, or between ship stations, or between associated on-board communication stations [including services conducted by survival craft stations and (satellite) emergency position-indicating radio beacon stations];
5. Aeronautical mobile service: A mobile service between aircraft stations and aeronautical stations, or between aircraft stations [including services conducted by survival craft stations and (satellite) emergency position-indicating radio beacon stations];
6. Mobile service: A radio communication service between mobile stations and land stations or between mobile stations, or between aforementioned stations via relay by mobile relay stations;
7. Radio determination service: The following radio communication services conducted for the purpose of radio determination:
(a)  Radio navigation service: A radio determination service for the purpose of radio navigation:
(i) Maritime radio navigation service: A radio navigation service intended for the benefit and for the safe operation of ships;
(ii) Aeronautical radio navigation service: A radio navigation service intended for the benefit and for the safe operation of aircraft;
(iii) Radio beacon service: A radio navigation service intended to enable a mobile station established in a moving object to determine its direction or bearing in relation to the location from which radio waves are emitted toward such mobile station;
(b) Radio-location service: A radio determination service for purposes, other than those of radio navigation service;
8. Meteorological aids service: A radio communication service used for meteorological and hydrological observations, and exploration;
9. Standard frequency and time signal service: A radio communication service for scientific, technical and other purposes, providing the transmission of specified radio frequencies, time signals, or both, of stated high precision, intended for general reception;
10. Radio control service: Radio remote controls;
11. Mobile radio control service: A radio communication service between radio control stations and mobile radio control stations or between mobile radio control stations, or between aforementioned stations via relay by radio control relay stations;
12. Amateur service: A radio communication service for the purpose of self-training and technical investigations conducted by amateurs interested in radio technology solely with a personal aim and without pecuniary interest;
13. Emergency communication service: A radio communication service for the purpose of life-saving, disaster relief, securing transportation, and communications or maintenance of order where an earthquake, typhoon, flood, seismic sea wave, snow damage, fire, or other emergency occurs or is likely to occur;
14. Space radio communication service: A radio communication service involving the use of space stations, passive satellites, or other objects in space;
15. Fixed-satellite service: A radio communication service between earth stations at a specified fixed point, by means of satellites;
16. Land mobile-satellite service: A space radio communication service between space stations and land mobile earth stations, or between land mobile earth stations by means of space stations, or between earth stations at a specified fixed point by means of space stations and land mobile earth stations;
17. Maritime mobile-satellite service: A space radio communication service between space stations and ship earth stations or between ship earth stations by means of space stations, or between earth stations at a specified fixed point by means of space stations and ship earth stations (including services conducted by survival craft stations and satellite emergency position-indicating radio beacon stations);
18. Aeronautical mobile-satellite service: A space radio communication service between space stations and aircraft earth stations or between aircraft earth stations by means of space stations, or between earth stations at a specified fixed point by means of space stations and aircraft earth stations (including services conducted by survival craft stations and satellite emergency position-indicating radio beacon stations);
19. Mobile-satellite service: A radio communication service between space stations and mobile earth stations, or between mobile earth stations by means of space stations, or between earth stations at a specified fixed point by means of space stations, or between space stations;
20. Radio determination-satellite service: A space radio communication service for radio determination involving the use of space stations;
21. Standard radio frequencies and time signal-satellite service: A space radio communication service using space stations for transmitting standard radio frequencies and time signals;
22. Radio astronomy service: Astronomy based on the reception of radio waves of cosmic origin;
23. through 31. Deleted. <by Presidential Decree No. 27232, Jun. 21, 2016>
(2) The Minister of Science and ICT may determine and publicly notify services of radio stations, other than those prescribed in the subparagraphs of paragraph (1), taking into account the current status of the use of radio frequencies and other related matters, where necessary to promote the development of technologies for using spectrum resources and radio waves. <Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 29 (Classification of Radio Stations)
(1) Radio stations shall be classified as follows pursuant to Article 20-2 (3) of the Act: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
1. A fixed station: A station in the fixed service;
2. A broadcasting station:
(a) A terrestrial broadcasting station: A station in the terrestrial broadcasting service;
(b) A satellite broadcasting station: A station in the satellite broadcasting service;
(c) A terrestrial broadcasting auxiliary station: A station in the terrestrial broadcasting auxiliary service;
(d) A satellite broadcasting auxiliary station: A station in the satellite broadcasting auxiliary service;
3. A land mobile station: A mobile station located on land (including rivers or other water ways equivalent thereto) for the land mobile service;
4. A ship station: A station located on board a vessel for the maritime mobile service;
5. An on-board communication station: A low-powered mobile station in the maritime mobile service intended for use for internal communications on board a ship, or between a ship and its lifeboats and life-rafts during lifeboat drills or operations, or for communications within a group of vessels being towed or pushed, as well as for line handling and mooring instructions;
6. A survival craft station: A mobile station located on any lifeboat, life vest, or other survival equipment for the maritime mobile (satellite) service or aeronautical mobile (satellite) service;
7. An aircraft station: A mobile station located on board an aircraft for the aeronautical mobile service;
8. A mobile station: A station, installed in a moving object or used as a portable station, for the mobile service, which does not fall under the definitions of a land mobile station, ship station, on-board communication station, survival craft station, or aircraft station;
9. A base station: A station installed at a specified fixed point on land for communication with land mobile stations or communications through relay of mobile relay stations: Provided, That this shall include a station installed in a moving object or a portable station for preparing for a disaster or serious communication failure;
10. A coast station: A station installed at a specified fixed point on land for communications with ship stations;
11. An aeronautical station: A station installed at a specified fixed point on land for communications with aircraft stations: Provided, That where it is located on board a ship or on a terrestrial satellite, a mobile station shall be included;
12. A land station: A station installed at a specified fixed point on land for the purpose of providing mobile services, which does not fall under the definitions of a base station, coast station, aeronautical station or mobile relay station: Provided, That this shall include a station installed in a moving object or a portable station for preparing for a disaster or serious communication failure;
13. A mobile relay station: Any of the following stations used for the purpose of relaying communications between base stations and land mobile stations, between land stations and mobile stations, between land mobile stations or between mobile stations:
(a) A station installed at a specified fixed point on land;
(b) A station installed on a ship;
(c) A station installed on a motor vehicle to be operated during halts at unspecified points on land;
14. A radio navigation land station: A station in the radio navigation service not intended to be used while in motion;
15. A radio navigation mobile station: A station in the radio navigation service intended to be used while in motion;
16. A radio beacon station: A station in the radio beacon service;
17. An emergency position-indicating radio beacon station: A radio beacon station in the mobile service of which emissions using emergency position-indicating radio beacon facilities only are intended to facilitate search and rescue operations;
18. A radio-location land station: A station in the radio-location service not intended to be used while in motion;
19. A radio-location mobile station: A station in the radio-location service intended to be used while in motion;
20. A radio direction-finding station: A station in the radio direction-finding service;
21. A radio determination station: A station in the radio determination service, which does not fall under the definitions of a radionavigation land station, radio navigation mobile station, radio beacon station, emergency position-indicating radio beacon station, radio-location land station, radio-location mobile station, or radio direction-finding station;
22. A meteorological aids station: A station in the meteorological aids service;
23. A standard radio frequency and time signal station: A radio station conducting standard frequency and time signaling service;
24. A radio control station: A station in the radio coordination service and the mobile radio coordination service;
25. A mobile radio control station: A station installed in a moving object for the purpose of the mobile radio coordination service;
26. A radio control relay station: Any of the following stations used for the purpose of relaying radio communications between radio control stations and mobile radio control stations, or between mobile radio control stations:
(a) A station installed at a specified fixed point on land;
(b) A station installed in a moving object and intended to be used while in motion or during halts at unspecified points;
27. An amateur station: A station used for the purpose of self-training and technical research conducted by amateurs interested in radio technology;
28. An emergency station: A station for emergency communications services only;
29. A space station: A station located on an artificial satellite for the purpose of the space radio communication services other than satellite broadcasting services;
30. A general earth station: An earth station located at a specified fixed point on land for the purpose of the fixed satellite service or satellite broadcasting service;
31. A base earth station: An earth station located at a specified fixed point on land for the purpose of the land mobile-satellite service;
32. A coast earth station: An earth station located at a specified fixed point on land for the purpose of providing maritime mobile-satellite services;
33. An aeronautical earth station: An earth station located at a specified fixed point on land for the purpose of providing aeronautical mobile-satellite services;
34. A land earth station: An earth station located at a specified fixed point on land for the purpose of providing mobile-satellite services, which does not fall under the definitions of a base earth station, coast earth station, or aeronautical earth station;
35. A land mobile earth station: An earth station installed in a moving object on land (including rivers or other water ways equivalent thereto) or used as a portable station for the purpose of the land mobile-satellite service;
36. A ship earth station: An earth station located on board a ship for the purpose of the maritime mobile-satellite service;
37. An aircraft earth station: An earth station located on board aircraft for the purpose of providing aeronautical mobile-satellite services;
38. A mobile earth station: An earth station installed in a moving object or used as a portable station for the purpose of providing mobile-satellite services, which does not fall under the definition of a land mobile earth station, ship earth station, or aircraft earth station;
39. A satellite emergency position-indicating radio beacon station: A radio beacon station for indicating emergency positions using satellites;
40. A radio astronomy station: A station in the radio astronomy service;
41. An experimental station: A station utilizing radio waves in experiments for the purpose of scientific or technological development;
42. A development test station: A station on trial for the purpose of putting relevant radio communication service into practical use;
43. A simplex radio station: A station meeting the standards for the types of radio waves, radio frequencies, antenna power, etc., determined and publicly notified by the Minister of Science and ICT to be used for simple business contact in a certain area.
(2) The Minister of Science and ICT may determine and publicly notify radio stations, other than those prescribed in the subparagraphs of paragraph (1), where necessary to promote the development of technologies for using spectrum resources and radio waves. <Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 29-2 (Indication, etc. of Types of Emissions)
The indication of types of emissions shall be as prescribed in attached Table 4 and the indication of radio frequencies shall be as prescribed in attached Table 5.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 30 (Unit of Application for Authorization)
(1) Applications for authorization for a radio station shall be filed by type of location in which transmission facilities are installed (in cases of a radio station using portable radio equipment, they shall be filed by type of radio transmitters) according to the classification of radio stations under Article 29. <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
(2) Applications for authorization for a broadcasting station shall be filed by type of broadcasting, such as medium-wave broadcasting, short-wave broadcasting, ultra-shortwave broadcasting, television broadcasting, data broadcasting, or by type of radio frequencies (excluding shortwave broadcasting): Provided, That where several broadcasts can be transmitted at one radio frequency, applications for authorization shall be filed by type of broadcasting.
(3) As for an amateur station to be established by an individual among radio stations in motion and a station whose application for each transmission equipment is deemed unreasonable, applications for a single radio station including at least two units of transmission equipment may be filed, notwithstanding paragraph (1).
(4) If necessary to simplify an application for authorization for a radio station, the Minister of Science and ICT may allow an application for authorization to be filed by type of communications network, place of installation, or radio frequencies, as determined and publicly notified by himself/herself, notwithstanding paragraph (1) and the proviso to paragraph (2). <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 31 (Filing Applications for Authorization)
(1) A person who intends to obtain authorization to establish a radio station pursuant to Article 21 (1) of the Act shall file an application for authorization (including an electronic application form) with the Minister of Science and ICT, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. An installation outline and a construction plan of radio facilities (excluding radio stations falling under Article 24-2 (1) 1 and 3 of the Act);
2. A copy of the applicant’s passport issued under the Passport Act (only in cases of persons falling under Article 20 (1) 1 through 3 of the Act, who cannot be identified by the method provided for in paragraph (3) 2);
3. A document that enables verification as to whether the authorized person of a radio station has the ownership or right of possession of the moving object on which radio facilities are to be installed, such as a copy of certificate of registration of water leisure craft referred to in Article 31 of the Water-Related Leisure Activities Safety Act (excluding documents verifiable by sharing the administrative information as prescribed in paragraph (3)).
(2) Where an application for authorization to establish a radio station falls under any of the following subparagraphs, notwithstanding paragraph (1), the applicant may submit only one application for authorization and one copy of each of the documents referred to in the subparagraphs of paragraph (1), irrespective of the number of radio stations: Provided, That where there were partial differences in the place of installation, antenna type, antenna power, etc. among broadcasting stations in cases of subparagraph 2, among aircraft earth stations in cases of subparagraph 3, and among experimental stations or development test stations in cases of subparagraph 4, the applicant shall submit separate statements for the relevant case: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Where the application for authorization is filed simultaneously for at least two radio stations of the same kind, which are portable radio equipment referred to in the proviso to Article 24 (1) 1 and the proviso to subparagraph 2 of the same paragraph;
2. Where the application for authorization is filed simultaneously for at least two terrestrial broadcasting auxiliary stations (excluding terrestrial broadcasting auxiliary stations established underground or in a tunnel);
3. Where the application for authorization is filed simultaneously for two or more aircraft earth stations to provide telecommunications services;
4. Where the application for authorization is filed simultaneously for at least two radio stations of the same type, which are small-scale experimental stations or development test stations that meet the requirements determined and publicly notified by the Minister of Science and ICT in relation to the area of use, purpose, etc.
(3) Upon receipt of an application for authorization under paragraph (1), the Minister of Science and ICT shall verify the following documents by sharing the administrative information pursuant to Article 36 (1) of the Electronic Government Act: Provided, That where the applicant (in cases of a corporation, referring to the representative thereof) and the person responsible for broadcast programming would not consent to the verification of the matters referred to in subparagraphs 2 through 7, the Minister shall require them to submit the relevant documents: <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. A corporate registration certificate (applicable only where a representative or executive officer of the corporation is changed, where the authorized person of an existing radio station intends to obtain additional authorization to establish a radio station);
2. An alien registration certificate under Article 88 of the Immigration Act (applicable only to persons falling under Article 20 (1) 1 through 3 of the Act);
3. A family relation certificate of the representative of the corporation and the person responsible for broadcast programming (applicable only to an application for authorization to establish a satellite broadcasting station);
4. A motor vehicle register under Article 5 of the Motor Vehicle Management Act;
5. A construction machinery registration certificate under Article 3 of the Construction Machinery Management Act;
6. A certificate of a ship's nationality, certificate of ship registration, or certificate of completion of registration under Article 13 of the Fishing Vessels Act;
7. A certificate of a ship's nationality under Article 8 of the Ship Act.
(4) A person who intends to obtain authorization to change any of the following matters pursuant to the latter part of Article 19 (1) or Article 21 (1) of the Act shall submit an application for authorization for change (including an electronic application form) along with a construction design documents for radio facilities (excluding changes of matters referred to in subparagraphs 1, 2, 4, and 8) and detailed statements of change on a radio station (including electronic documents) to the Minister of Science and ICT: <Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Purpose of the radio station;
2. Counterpart of communications and matters of communications (referring to matters of broadcast and the broadcast service area in cases of broadcasting stations);
3. Place for installation of radio facilities (excluding replacement of an automobile fitted with radio facilities);
4. Call sign or call letters;
5. Type of radio waves, occupied bandwidth, and radio frequencies (excluding where a simplex radio station changes frequency within the same bandwidth);
6. Antenna power;
7. Type, configuration, and gain of antennas (limited to the type of antennas in the case of amateur stations);
8. Permissible working hours;
9. Installing more transmitters (excluding an amateur station, the antenna power of which does not exceed 10 watts);
10. Replacement of radio equipment (excluding radio equipment determined by public notification of the Minister of Science and ICT).
(5) Upon receipt of an application for authorization to change a satellite broadcasting station under paragraph (4), the Minister of Science and ICT shall verify the following documents by sharing the administrative information pursuant to Article 36 (1) of the Electronic Government Act: Provided, That where the applicant would not consent to the verification of the matters referred to in subparagraph 2, the Minister shall require him/her to submit the relevant documents: <Newly Inserted by Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. A corporate registration certificate;
2. A family relation certificate of the representative of the corporation.
 Article 32 Deleted. <by Presidential Decree No. 22605, Dec. 31, 2010>
 Article 33 (Entries in Certificate of Authorization)
(1) The following shall be stated in a certificate of authorization for a radio station issued under Article 21 (4) of the Act: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 27232, Jun. 21, 2016>
1. Date and number of the authorization;
2. Name or title of the authorized person;
3. Type and name of the radio station;
4. Purpose of the radio station;
5. Counterpart of communications and matters of communications (referring to matters of broadcast and the broadcast service area in cases of broadcasting stations);
6. Place where the radio facilities are installed;
7. Term of validity of the authorization;
8. Call sign or call letters;
9. Type of radio waves, bandwidth occupied, and radio frequencies (a radio station, which can be indicated by the bandwidth, such as an amateur station, may be indicated by the bandwidth);
10. Antenna power;
11. Type, configuration, and gain of antennas (limited to the type of antennas in the case of amateur stations);
12. Permissible working hours;
13. Certification types of operators and the fixed number of operators;
14. Deadline for completion of construction of the radio station;
15. Period during which experimental radio waves are emitted and details thereof (applicable only where an application for the emission of test waves is filed);
16. Name of radio equipment and serial number thereof (limited to the name of radio equipment in the case of amateur stations).
(2) Where an authorized person intends to correct any of the entries in his/her certificate of authorization, he/she shall file an application for correction with the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) An authorized person shall file an application for re-issuance with the Minister of Science and ICT to have his/her certificate of authorization re-issued if it was destroyed, defaced, or lost. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where an authorized person intends to alter any matter other than those prescribed in subparagraphs of Article 31 (4), among the entries in a certificate of authorization prescribed in subparagraphs of Article 33 (1), he/she shall submit a detailed statement of alteration of authorization (including a detailed statement in electronic document) to the Minister of Science and ICT. <Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Where an authorized person submits a detailed statement of alteration of authorization under paragraph (4), the Minister of Science and ICT shall issue a certificate of authorization after altering it. <Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 34 (Radio Stations subject to Public Notification)
Radio stations to be publicly notified by the Minister of Science and ICT pursuant to Article 21 (5) of the Act upon being granted authorization to establish such radio stations are as listed as follows: Provided, That the same shall not apply to any radio stations used for national defense and security among radio stations referred to in subparagraphs 2 through 4:
1. Broadcasting stations (excluding terrestrial broadcasting auxiliary stations);
2. Coast stations;
3. Aeronautical stations;
4. Land-based radio determination stations;
5. Standard radio frequencies and time signal stations.
 Article 35 (Matters to be Publicly Notified concerning Radio Stations)
(1) Where a radio station to be publicly notified under Article 34 is authorized pursuant to Article 21 (5) of the Act, the following matters shall be publicly notified: <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
1. Date and number of the authorization;
2. Name or appellation of the authorized person;
3. Name or type of the radio station and a place to install radio facilities;
4. Call sign or call letters;
5. Radio frequency, type of radio waves, occupied bandwidth, and antenna power.
(2) Where the matters publicly notified pursuant to paragraph (1) are changed, the Minister of Science and ICT shall publicly notify such changes without delay. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 36 (Term of Validity of Authorization to Establish Radio Stations)
(1) The term of validity of authorization to establish a radio station granted under Article 22 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 21161, Dec. 9, 2008; Presidential Decree No. 22310, Jul. 26, 2010; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 27971, Mar. 29, 2017>
1. An experimental station and a development test station: One year;
2. A mobile station, a land station, a land mobile station, a base station, a mobile relay station, a ship station [excluding radio stations which are to be mandatorily established in a ship pursuant to the Ship Safety Act, the Fishing Vessels Act or the Water-Related Leisure Activities Safety Act (hereinafter referred to as a “mandatory ship station”)], an on-board communications station, a radiobeacon station, a radiodetermination station, space station, general earth station, coast earth station, an aeronautical earth station, a land earth station, a mobile earth station, a base earth station, a land mobile earth station, an amateur station, a simplex radio station, an aeronautical station, a fixed station, a radionavigation land station, a radionavigation mobile station, a radiolocation land station, a radiolocation mobile station, an emergency station, a meteorological aids station, an aircraft earth station, a radio control station, a mobile radio control station, a radio control relay station, a radio astronomy station, a ship earth station, an aircraft station [excluding radio stations which are to be mandatorily established in an aircraft or light aircraft pursuant to the Aviation Safety Act (hereinafter referred to as a “mandatory aircraft station”)], a radionavigation station, an emergency position-indicating radiobeacon station, a satellite emergency position-indicating radiobeacon station, a coast station, and a radio direction-finding station: Five years;
2-2. A broadcasting station: Five years: Provided, That three years for a broadcasting station conducting an ultra-shortwave broadcasting service, which is established by a community radio broadcasting business entity (hereinafter referred to as "community radio broadcasting station") defined in subparagraph 3 (e) of Article 2 of the Broadcasting Act (it shall be five years in the case of radio stations established between July 1, 2016 and June 30, 2018);
3. Radio stations other than those referred to in subparagraphs 1, 2, and 2-2: Three years.
(2) Notwithstanding the subparagraphs of paragraph (1), the Minister of Science and ICT may grant authorization to radio stations belonging to the same type or communications networks of the same authorized person so the term of validity of authorization for such radio stations expires simultaneously, although authorization for the respective radio stations was granted at different points of time. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) The Minister of Science and ICT may set different terms of validity up to the term of validity listed in the subparagraphs of paragraph (1) if an authorized person of a radio station or applicant referred to in Article 20 (2) 4 and 5 of the Act so desires. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Notwithstanding the main sentence of paragraph (1) 2-2, the Minister of Science and ICT may grant authorization with a term of validity of authorization reduced by up to two years taking into account the results of evaluation under Article 10 (1) or 17 (3) of the Broadcasting Act, if deemed necessary to promote public welfare through the efficient use and management of radio waves. <Newly Inserted by Presidential Decree No. 22310, Jul. 26, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) The Minister of Science and ICT shall give prior notice of the procedures for renewal of authorization and the fact that he/she will not be granted the renewal of authorization if he/she fails to file an application within the period for application for the renewal of authorization referred to in Article 38 (1) to each authorized person, by no later than four months before the date the term of validity of authorization to establish a radio station terminates. In such cases, such prior notice may be given in writing, or by telephone, facsimile, etc. <Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 37 (Term of Validity of Approval to Use Radio Frequencies)
(1) The term of validity of approval to use radio frequencies granted under Article 22 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Radio stations referred to in subparagraphs 1 and 5 of Article 23: Ten years;
2. Radio stations referred to in subparagraphs 3 and 6 of Article 23: Five years;
3. Radio stations referred to in subparagraphs 2 and 4 of Article 23: A period deemed necessary by the Minister of Science and ICT for achieving the purpose of establishing relevant radio stations.
(2) Notwithstanding paragraph (1), where the Minister of Science and ICT deems that granting approval to use radio frequencies during the term of validity referred to in paragraph (1) 1 or 2 impedes the efficient use of spectrum resources on the grounds that the allocation of radio frequencies is changed, the period necessary to achieve the purpose of approval for use is shorter than the term of validity referred to in paragraph (1) 1 or 2, etc., he/she may set different terms of validity up to the terms of validity referred to in paragraph (1) 1 or 2 after consulting thereon with an applicant for approval for the use of radio frequencies. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) The Minister of Science and ICT shall give prior notice of the procedures for renewal of authorization and the fact that he/she will not be granted the renewal of approval if he/she fails to file an application within the application period for the renewal of approval referred to in Article 39 to the person granted approval to use, by no later than one year before the date the term of validity of approval to use radio frequencies terminates. In such cases, such prior notice may be given in writing, or by telephone, facsimile, etc. <Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 38 (Renewals of Authorization)
(1) A person who intend to renew his/her authorization pursuant to Article 22 (1) of the Act shall file an application for renewal of authorization with the Minister of Science and ICT by no later than two to four months before the expiration of its term of validity: Provided, That where the term of validity of a radio station is one year, an application shall be filed by no later than two months before the expiration of such term of validity; and where the term of validity of a radio station is less than one year, an application shall be filed by no later than one month before the expiration of such term of validity. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) A person who intends to renew his/her authorization of a satellite broadcasting station under Article 22 (1) of the Act shall submit an application for renewal of authorization (including an electronic application form) accompanied by an installation outline and a plan for construction of radio facilities. <Newly Inserted by Presidential Decree No. 25561, Aug. 27, 2014>
(3) Upon receipt of an application for renewal of authorization for a satellite broadcasting station under paragraph (1), the Minister of Science and ICT shall verify the following documents by sharing the administrative information pursuant to Article 36 (1) of the Electronic Government Act: Provided, That where the applicant and the person responsible for broadcast programming would not consent to the verification of the materials referred to in subparagraph 2, the Minister shall require them to submit the relevant documents: <Newly Inserted by Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. A corporate registration certificate;
2. Certificates of records of family relationships of each of the representative of the corporation and the person responsible for broadcast programming.
(4) Where an application for renewal of authorization is deemed appropriate under Article 21 (2) of the Act after examining the application, the Minister of Science and ICT shall renew the authorization: Provided, That where the status, etc. of the use of radio frequencies differs from those at the time an application for authorization was filed, he/she may grant authorization upon re-designating the following matters: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Type of radio frequencies, occupied bandwidth, and radio frequencies;
2. Call sign or call letters;
3. Antenna power;
4. Permissible working hours;
5. Certification types of operators and the fixed number of operators;
6. Type, configuration and gain of antennas;
7. Matters of broadcast and the broadcast service area in cases of a radio station for broadcasting.
 Article 39 (Renewal of Approval)
A person who intends to renew approval pursuant to Article 22 (1) of the Act shall file an application for renewal with the Minister of Science and ICT by no later than six to twelve months before the term of validity of approval to use radio frequencies expires: Provided, That the same shall not apply where the term of validity is set pursuant to Article 37 (1) 3. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 39-2 (Procedures for Reporting, etc. on Establishment of Radio Stations)
(1) A person who intends to report the establishment of a radio station pursuant to the former part of Article 22-2 (1) of the Act shall file a report on the establishment of a radio station (including an electronic report form) with the Minister of Science and ICT along with a summary statement of radio facilities and construction drawings (excluding a radio station referred to in Article 19-2 (1) 1 and 2 of the Act). <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Notwithstanding paragraph (1), where a report on the establishment of a radio station falls under any of the following subparagraphs, the reporter may submit only one copy of the report on the establishment of a radio station: Provided, That one copy of a summary statement of radio facilities and construction drawings shall be submitted in cases falling under subparagraph 2:
1. Where reports on the establishment of at least two radio stations belonging to the same type, which is portable radio equipment referred to in the main sentence of Article 24 (1) 1 or the main sentence of subparagraph 3 of the same paragraph, are simultaneously filed;
2. Where reports on the establishment of at least two satellite broadcasting auxiliary stations or terrestrial broadcasting auxiliary stations established underground or within a tunnel under Article 24 (3) are simultaneously filed.
(3) Where a person who has established a radio station pursuant to paragraphs (1) and (2) intends to change the following matters pursuant to the latter part of Article 22-2 (1) of the Act, he/she shall file a report on change accompanied by construction drawings of radio facilities (excluding where matters concerning Article 31 (4) 1, 2, 4 and 8 are changed and where a radio station under Article 19-2 (1) 1 and 2 of the Act is changed) and the detailed statement of change in the radio station with the Minister of Science and ICT: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters referred to in Article 31 (4) 1, 2, 4 and 6 through 8;
2. The place to install radio facilities or where radio facilities are placed permanently;
3. Type of radio waves, occupied bandwidth, and radio frequencies (excluding where a facility-based telecommuincations business entity changes radio frequencies within the bandwidth allocated to him/her pursuant to Articles 11 and 12 of the Act);
4. Installation of more transmitters;
5. Replacement of radio equipment.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 39-3 (Entries in Certificates of Reports on Radio Stations)
(1) The following shall be stated in a certificate of report on a radio station issued under Article 22-2 (2) of the Act: Provided, That in cases of radio stations referred to in Article 24 (1), matters referred to in Article 33 (1) 4 and 11 through 15 shall be excluded:
1. Matters referred to in Article 33 (1) 2 through 5 and 8 through 16;
2. Reporting number, and date of receipt;
3. The place to install radio facilities or to place radio facilities permanently.
(2) Article 33 (2) through (5) shall apply mutatis mutandis to the correction of a certificate of report on a radio station and the re-issuance thereof. In such cases, "a certificate of authorization" shall be construed as "a certificate of report;" "matters other than those prescribed in subparagraphs of Article 31 (4)" as "matters other than those prescribed in subparagraphs of Article 39-2 (3); and "detailed statement of alteration of authorization" as "detailed statement of alteration of report," respectively. <Amended by Presidential Decree No. 25795, Dec. 3, 2014>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 40 (Filing Applications for Authorization to Succeed to Status of Authorized Persons)
(1) A person who intends to obtain authorization to succeed to the status of an authorized person pursuant to the main sentence of, and proviso to, Article 23 (2) of the Act shall file an application for authorization to succeed to the status of an authorized person with the Minister of Science and ICT or the Korea Communications Commission along with the following documents: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Where he/she falls under Article 23 (1) 1 of the Act: A copy of a business transfer and acquisition contract;
2. Where he/she falls under Article 23 (1) 2 of the Act:
(a) A copy of a corporate merger contract;
(b) Minutes of shareholders' plenary meeting or members' plenary meeting in which a resolution on a merger was passed and other documents verifying decisions regarding the merger;
(c) A copy of the articles of incorporation of a corporation surviving or resulting from the merger or consolidation;
3. Where he/she falls under Article 23 (1) 3 and 4 of the Act: Documents verifying succession to status.
(2) Upon receipt of an application for authorization to succeed to the status of an authorized person under paragraph (1), the Minister of Science and ICT shall verify the following documents by sharing the administrative information pursuant to Article 36 (1) of the Electronic Government Act: Provided, That where the applicant (in cases of a corporation, referring to the representative thereof) would not consent to the verification of the matters referred to in subparagraph 2 or 3, the Minister shall require him/her to submit the relevant documents: <Newly Inserted by Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. A corporate registration certificate;
2. A alien registration certificate issued under Article 88 of the Immigration Act (applicable only to persons falling under Article 20 (1) 1 through 3 of the Act);
3. A family relation certificate of the representative of the corporation (applicable only to an application for authorization to succeed to the status of the authorized person of a satellite broadcasting station).
 Article 41 (Succession to Status of Authorized Persons Upon Filing Reports)
(1) "A radio station prescribed by Presidential Decree" in the main sentence of Article 23 (3) of the Act means a simplex radio station or a radio station established upon filing a report thereon pursuant to Article 19-2 (1) of the Act. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013>
(2) Article 40 shall apply mutatis mutandis to the procedures for succession to the status of an authorized person upon filing a report under paragraph (1). <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
 Article 42 (Reporting on Completion of Construction)
A report on completion of construction of a radio station determined and publicly notified by the Minister of Science and ICT among radio stations, the completion of construction of which shall be reported pursuant to Article 24 (1) of the Act, shall be accompanied by a performance report on radio facilities. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 42-2 (Sampling Inspections)
(1) To conduct a sampling inspection pursuant to the proviso to Article 24 (1) of the Act (hereinafter referred to as "sampling inspection"), samples shall be selected (rounded up to the nearest whole number) at not less than 30/100 (hereinafter referred to as "sampling ratio") of the radio stations whose completion is filed within the period of sample collection by each jurisdiction for inspections. In such cases, detailed matters concerning the operation of the sampling inspection, such as the jurisdiction for the inspection, period of sample collection, and the sampling ratio, shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
(2) "When Presidential Decree so prescribes" in the proviso to Article 24 (1) of the Act means a radio station provided for in Article 24 (2) 1, which undergoes a completion inspection for the first time. <Amended by Presidential Decree No. 25561, Aug. 27, 2014>
(3) "In cases prescribed by Presidential Decree, such as where the outcomes of the sampling inspections of radio stations (~omitted~) indicates a failure rate exceeding a certain threshold" in Article 24 (7) of the Act means where the failure rate exceeds 15/100 as a result of the sampling inspection conducted under paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 43 (Extension of Deadline for Completion of Construction)
A person who intends to extend the deadline for completion of construction pursuant to Article 24 (2) of the Act shall file an application for the extension of deadline for completion of construction with the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 43-2 (Deadline for Reinspection)
"Deadline prescribed by Presidential Decree" in the provisos to Article 24 (3) and Article 25 (3) of the Act means within six months after the date of receipt of notification of the results of completion of construction.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 44 (Term of Validity of Regular Inspections)
(1) "Intervals prescribed by Presidential Decree" in Article 24 (4) of the Act means the period classified as follows: <Amended by Presidential Decree No. 21719, Sep. 9, 2009; Presidential Decree No. 22310, Jul. 26, 2010; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27971, Mar. 29, 2017; Presidential Decree No. 28210, Jul. 26, 2017>
1. The following radio stations: One year:
(a) A medical ship station (excluding medical ship stations referred to in subparagraph 2 (a) and (b));
(b) A medical aircraft station (excluding medical aircraft stations referred to in subparagraph 2 (c));
(c) An experimental station;
(d) A development test station;
2. The following radio stations: Two years:
(a) A medical ship station of a fishing boat, the gross tonnage of which is below 40 tons;
(b) A medical ship station of a ship navigating only in the smooth water area defined in Article 2 (1) 3 (a) of the Enforcement Decree of the Ship Safety Act;
(c) A medical aircraft station of helicopters or light aircraft defined in subparagraph 1 or 26 of Article 2 of the Aviation Safety Act;
3. Radio stations listed in Article 36 (1) 2-2 and 3: Three years;
4. Radio stations listed in Article 36 (1) 2: Five years: Provided, That it shall be two years for radio stations involved in life-saving or disasters, which are determined and publicly notified by the Minister of Science and ICT.
(2) The term of validity of a regular inspection under paragraph (1) shall be counted from any of the following dates: <Amended by Presidential Decree No. 21161, Dec. 9, 2008; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 27299, Jun. 30, 2016>
1. Radio stations that have undergone the first regular inspection: Date an inspection certificate (hereinafter referred to as "certificate of inspection upon completion of construction") is issued under Article 24 (3) of the Act (referring to the date authorization for a radio station is obtained, in cases of radio stations listed in the subparagraphs of Article 24-2 (1) of the Act);
2. Radio stations that have undergone a subsequent regular inspection after the term of validity of a regular inspection expires: Date following the day the term of validity of the previous regular inspection expires;
3. Radio stations which have undergone an inspection under Article 24 (5) of the Act (hereinafter referred to as "occasional inspection") during the term of validity: Date a certificate of inspection is issued under Article 45 (7) (hereafter in this Article referred to as a “certificate of inspection”) after undergoing an occasional inspection. In such cases, the term of validity of the previous regular inspection shall be deemed expired on the day prior to the date a certificate of inspection is issued after undergoing the occasional inspection;
4. Radio stations that have undergone a regular inspection referred to in Article 45 (2) again during the term of validity of the previous regular inspection: Date a certificate of inspection is issued after undergoing the relevant regular inspection. In such cases, the term of validity of the previous regular inspection shall be deemed expired on the day prior to the date the aforesaid certificate of inspection is issued.
 Article 45 (Timing, Methods, etc. of Inspections)
(1) The timing of the regular inspection under Article 24 (4) of the Act shall be classified as follows; and a radio station that has passed a regular inspection during such period shall be deemed to have undergone a regular inspection on the date the term of validity of the regular inspection expires: <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
1. A radio station referred to in Article 44 (1) 1: Within two months before or after the date the period of validity of the regular inspection of the relevant radio station expires;
2. A radio station referred to in Article 44 (1) 2 and 3 and under the proviso to subparagraph 4 of the same paragraph: Within three months before or after the date the period of validity of the regular inspection of the relevant radio station expires;
3. A radio station referred to in Article 44 (1) 4: Within six months before or after the date the period of validity of the regular inspection of the relevant radio station expires.
(2) The Minister of Science and ICT may conduct a regular inspection of a radio station before the period for regular inspections prescribed in the subparagraphs of paragraph (1), where deemed necessary. <Newly Inserted by Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Regular inspections, occasional inspections, and inspections under Article 24 (8) of the Act shall be conducted according to the following classification, and matters necessary for inspections, such as detailed subject-matters of inspections, shall be determined and publicly notified by the Minister of Science and ICT: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Performance inspections: Inspections of the performance of radio equipment, such as antenna power, radio frequencies, unwanted emissions, occupied bandwidth, equivalent isotopically radiated power, effective radiated power, and modulation factor;
2. Collated inspections: Inspections by collating and checking whether authorized persons, radio facilities, places of installation, posting of operators, etc. conform to the matters of authorization for or matters of reporting on radio stations, etc.
(4) The head of an institution conducting regular inspections shall determine matters, such as the date of and fees for regular inspections, and notify the authorized persons of radio stations subject to inspection of such matters, by no later than one month before the scheduled date for the regular inspection.
(5) An occasional inspection may be conducted in any of the following cases: Provided, That the ratio of radio stations subject to an occasional inspection under subparagraph 1 shall be determined and publicly notified by the Minister of Science and ICT, considering the failure rate within the range not exceeding a ratio computed by deducting the sampling ratio from 30/100: <Newly Inserted by Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Where the failure rate does not exceed 15/100 according to the result of a sampling inspection, the sampling ratio of which is less than 30/100;
2. Where the authorized person of a radio station requests an occasional inspection (limited to requests made to remove, or ascertain the effect of, interference);
3. Where the Minister of Science and ICT deems it particularly necessary for the efficient use or management of radio waves, such as where a ship or an aircraft fitted with a radio station intends to leave for a foreign country or where it is intended to prevent radio interference, etc. under Article 29 of the Act.
(6) The head of an institution conducting occasional inspections shall determine matters, such the date of and fees for occasional inspections, and notify in advance the authorized persons of radio stations subject to occasional inspections of such matters. <Newly Inserted by Presidential Decree No. 25561, Aug. 27, 2014>
(7) Where a person passes an inspection under Article 24 (4), (5) or (8) of the Act, a certificate of inspection shall be issued to him/her. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 25795, Dec. 3, 2014>
(8) Circumstances in which it is necessary to conduct an inspection for the efficient use or management of radio waves under Article 24 (8) of the Act are as follows: <Amended by Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Where it is necessary to ascertain whether the radio frequencies approved for use are actually being used;
2. Where the Minister of Science and ICT deems it particularly necessary for the efficient use or management of radio waves, such as where it is intended to prevent radio interference, etc. under Article 29 of the Act.
(9) A person conducting an inspection pursuant to Article 24 (1), (4), (5), and (8) of the Act shall present an identification indicating that he/she is a radio station inspector or a certificate of public official, to interested persons. <Amended by Presidential Decree No. 25795, Dec. 3, 2014>
(10) Unless otherwise expressly provided for in this Decree, the time, methods of, and procedures for inspections under Article 24 (1), (4), (5), and (8) of the Act shall be determined and publicly notified by the Minister of Science and ICT. <Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 45-2 (Exemption, etc. from Completion Inspections)
(1) "Radio stations prescribed by Presidential Decree" in Article 24-2 (1) 1 of the Act means the following: <Amended by Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
1. A ship station of a fishing boat fitted with radio facilities of less than 30 watts;
2. Any of the following amateur stations:
(a) A radio station that uses radio equipment that has undergone a conformity assessment;
(b) A radio station installed and operated by a person who has obtained an amateur radio operator license in a foreign country and is recommended by an organization designated by the Minister of Science and ICT during the period of his/her stay in the Republic of Korea of up to one month;
3. A radio station established for national security or Presidential security service;
4. A radio station established by the Government or a facility-based telecommuincations business entity under the Telecommunications Business Act (hereinafter referred to as "facility-based telecommuincations business entity") for emergency communications, not operated constantly;
5. A radio station established in high seas or polar regions;
6. A land mobile earth station established for operation in a foreign country;
7. A small-scale experimental station or development test station that meets the requirements determined and publicly notified by the Minister of Science and ICT in relation to the area of use, purpose, etc.
(2) "Radio stations prescribed by Presidential Decree" in Article 24-2 (1) 3 of the Act means the following: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Any of the following radio stations using radio equipment that have undergone a conformity assessment:
(a) Portable radio equipment among radio facilities for mobile stations;
(b) Portable radio equipment among radio facilities for land mobile stations;
(c) Portable radio equipment among radio facilities for on-board communications stations;
(d) Portable radio equipment for self-communications among radio facilities for trunked radio systems;
(e) Automobile-mounted or portable radio equipment among radio facilities intended for the radiodetermination service;
2. A radio station which is a radio facility performing relay service only, and which changes the type of radio waves or receiving radio frequencies without changing a circuit;
3. A radio station, etc., determined and publicly notified by the Minister of Science and ICT, of which only antenna structure of radio facilities installed within a tunnel, basement of a building, etc. is changed.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 46 (Postponement of Regular Inspections)
(1) A person who intends to postpone a regular inspection pursuant to Article 24-2 (2) of the Act shall file a written request to postpone the timing of regular inspections (including electronic documents) with the head of an inspection institution by not later than the regular inspection date notified pursuant to Article 45 (4). <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 27299, Jun. 30, 2016>
(2) Where the head of an inspection institution deems that the reasons for the postponement of a regular inspection under paragraph (1) are appropriate, he/she may approve postponement insofar as a postponement period ends before the date of the beginning of the regular inspection under Article 45 (1).
 Article 47 (Exemption from Regular Inspection or Omission thereof)
Radio stations that may be exempt from regular inspection or of which regular inspection may be omitted pursuant to Article 24-2 (2) of the Act are as follows: <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
1. Radio stations under Article 24-2 (1) 5 of the Act;
2. Radio stations under Article 45-2 (1) 2 through 6 and under paragraph (2) of the same Article.
 Article 48 Deleted. <by Presidential Decree No. 22605, Dec. 31, 2010>
 Article 49 (Exceptions to Operation of Radio Stations)
"Other communications prescribed by Presidential Decree" in Article 25 (2) 5 of the Act means the following communications. In such cases, communications other than those provided for in subparagraph 1 shall be limited to those conducted during navigation of a ship in cases of a ship station, and to those conducted during navigation of an aircraft or during preparation for navigation in cases of an aircraft station:
1. Communications conducted for testing or adjusting radio equipment;
2. Communications between a coast station and a ship station, between ship stations, between an aeronautical station and an aircraft station, or between aircraft stations conducted for reference of meteorology or coordination of time;
3. Communications for medical calls (referring to notification on medical treatment of patients on board a ship or an aircraft while in navigation);
4. Communications concerning indication of the position of a ship or an aircraft (referring to indication of the position of a ship or an aircraft collected by domestic or foreign administrative agencies as required for rescue or search in cases of distress of a ship or an aircraft, which is transmitted and received by and between relevant administrative agencies, the relevant ship or aircraft);
5. Communications between a coast station and a ship station, between ship stations, between an aeronautical station and an aircraft station or between aircraft stations, in order to measure bearings;
6. Communications by a ship station to transmit a telegram for its authorized person's services to a coast station;
7. Communications by an aircraft station to transmit a telegram for its authorized person's services to an aeronautical station;
8. Communications transmitted by an aeronautical station to an aircraft station, communications concerning the navigational safety of an aircraft transmitted by an aeronautical station to another aeronautical station for delivery of urgent messages (only applicable where it is impracticable to attain the objective of relevant communications through other communication systems);
9. The following communications between aeronautical stations forming a communication network of aeronautical radiotelephony:
(a) Notification transmitted by an aircraft station, which is a relay of communications to another aeronautical station within the relevant communications network;
(b) Communications necessary for effective communication of communications within the relevant communications network;
10. The following communications between an aircraft station and a radio station in the maritime mobile service:
(a) Communications processing the duties of supplying telecommunications services;
(b) Communications concerning navigational safety of aircraft;
(c) Communications necessary for cooperative work by ship and aircraft concerning rescue of distressed ship or distressed aircraft, etc.;
11. Urgent communications for authorized person's services between an aircraft station and a radio station in the maritime mobile service, land mobile service, or mobile service belong to the same authorized person;
12. Urgent communications for authorized person's duties between mobile stations belonging to the same authorized person and radio station in the maritime mobile service, aeronautical mobile service, or land mobile service belonging to such authorized person;
13. Communications concerning transportation of ships within a harbor, occurrence of maritime pollution, arrangement within a harbor, crackdown within a harbor or seaport quarantine conducted between a coast station of the State or a local government and a ship station or between ship stations;
14. Urgent communications for traffic arrangement, enforcement, quarantine and safety within an airport between aeronautical station of an air traffic control tower of the State or a local government and a land mobile station in motion within the relevant airport or between mobile stations;
15. Fishery communications or communications on the guidance and supervision of fisheries between a coast station and a ship station of a fishing boat or between ship stations of fishing boats;
16. Urgent communications concerning maritime security between a radio station in the maritime mobile service for maritime security or in the aeronautical mobile service and a ship station, aircraft station, or radio station in the radio-determination service;
17. Urgent communications concerning the maintenance of public order between radio stations of administrative agencies in charge of maintaining public order;
18. Communications for training to secure an emergency communications system.
 Article 50 (Connection with, and Use of, Radio Facilities)
(1) The Minister of Science and ICT may grant permission to an authorized person of a radio station who intends to connect his/her radio facilities with or to use the radio facilities of another authorized, if it is deemed specifically necessary to promote public welfare, such as emergency rescue. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT shall give public notice upon granting permission to connect to and use radio facilities pursuant to paragraph (1). <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 51 (Closure, Suspension of Operation, etc.)
(1) A person who intends to report the closure, suspension, or re-operation of a radio station pursuant to Article 25-2 (1) of the Act shall file a report, stating the grounds therefor, with the Minister of Science and ICT or the Korea Communications Commission. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The period for which a radio station can be suspended under paragraph (1) shall be at least one month but less than one year.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 52 (Notice to Coast Stations)
(1) If any of the following is applicable, a ship station shall give notice to a coast station within the radius of communications in which the ship is located:
1. Where it enters into the radius of communications or intends to leave from the radius of communications;
2. Where it intends to close a radio station as it enters the port, or intends to establish a radio station as it leaves the port;
3. As for a ship station having no mandatory hours of operation, where it intends to close a radio station other than cases falling under subparagraph 2.
(2) If any of the following is applicable, a ship station need not give notice to a coast station, notwithstanding paragraph (1):
1. Where it does not have the radio wave of a frequency received by a coast station within the radius of communications in which the ship locates;
2. Where it is a ship station operated by the Government or a public entity, and needs to keep the activities of the ship confidential in the conduct of business;
3. Where it is a ship station of a liner vessel and the ship enters or departs a port on schedule.
(3) The radius of communications of a coast station referred to in paragraph (1) shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 53 Deleted. <by Presidential Decree No. 22605, Dec. 31, 2010>
SECTION 2 Authorization for Establishing Broadcasting Stations and Operation thereof
 Article 54 (Filing Applications for Authorization to Establish Broadcasting Stations)
(1) A person who intends to apply for authorization to establish a broadcasting station for the terrestrial broadcasting service pursuant to Article 34 (1) of the Act shall file an application for authorization (including an electronic application form) with the Korea Communications Commission along with a brief statement of facilities and construction drawings.
(2) Where an application for authorization is field to establish at least two terrestrial broadcasting auxiliary stations simultaneously (excluding terrestrial broadcasting auxiliary stations established underground or in a tunnel under Article 24 (3) 2), the applicant may submit only one application for authorization, a summary statement of facilities and construction drawings, irrespective of the number of radio stations, notwithstanding paragraph (1): Provided, That, where the place of installation, antenna type, antenna power, etc. for each radio station partially differ, he/she shall submit separate statements. <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
(3) Upon receipt of an application for authorization filed under paragraph (1) the Korea Communications Commission shall verify the corporate registration certificate (applicable only where the representative or executive of an existing radio station has been changed if the authorized person thereof intends to obtain additional authorization to establish a radio station) by sharing the administrative information pursuant to Article 36 (1) of the Electronic Government Act.
(4) "Matters prescribed by Presidential Decree" in the latter part of Article 34 (4) of the Act means matters referred to in the subparagraphs of Article 31 (4).
[This Article Newly Inserted by Presidential Decree No. 24476, Mar. 23, 2013]
 Article 55 (Matters subject to Examination, etc. in Authorizing Establishment of Broadcasting Stations)
"Matters which are prescribed by Presidential Decree" in Article 34 (2) 5 and subparagraph 2 of Article 34-2 of the Act means: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Whether the incorporation is definite where the applicant is a corporation being incorporated;
2. Whether the applicant possesses broadcast studio facilities: Provided, That the same shall not apply where the applicant is to take exclusive charge of relaying broadcasting matters of another broadcasting station;
3. Whether the plans to install facilities for a broadcasting station are reasonable;
4. Whether the applicant has technical ability to operate a broadcasting station;
5. Whether antenna power does not exceed 50 kw in cases of a broadcasting station conducting a medium-wave broadcasting service: Provided, That the same shall not apply where the Minister of Science and ICT deems it especially necessary.
 Article 56 (Conditions for Establishing Broadcasting Stations Conducting Medium-Frequency Broadcasting Service)
(1) The place to install the transmitting antenna for a broadcasting station providing the medium-frequency broadcasting service shall meet the following conditions for establishment: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. The number of households in the blanketing area of a broadcasting station to be established does not exceed 0.35% of the number of households in the broadcast service area of the broadcasting station;
2. The location of transmitting antenna for a broadcasting station to be established shall maintain a separation distance prescribed in the following table from any point of the place designated by the Minister of Science and ICT in consideration of population density, etc.: Provided, That where it is impracticable or unnecessary to maintain a separation distance due to geographical feature, the separation distance determined by the Minister of Science and ICT shall apply:
Antenna power Minimum separation distance from the place designated by the Minister of Science, ICT
Above 100 watts to 1 kilowatt0.5 kilometer
From 1 kilowatt to 5 kilowatts2 kilometers
From 5 kilowatts to 20 kilowatt4 kilometers
In excess of 20 kilowatts9 kilometers
3. Where all or most part of the broadcast service area of a broadcasting station to be established overlaps with all or most part of the broadcast service area of another broadcasting station conducting a medium-wave broadcasting service, the transmitting antenna for the broadcasting station shall be installed in a place as near as possible to the place on which the transmitting antenna of another broadcasting station conducting a medium-wave broadcasting service is installed insofar as it does not adversely affect the reception of broadcast due to the electronic coupling of transmitting antennas with each other, etc.
(2) The Minister of Science and ICT may relax conditions referred to in paragraph (1) where deemed specifically necessary to promote public welfare, etc. In such cases, he/she may order an authorized person to remove an obstruction to the reception of a relevant broadcast or to take other necessary measures. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 57 (Conditions for Establishing Ultra Short-Wave Broadcasting Stations or Television Broadcasting Stations)
(1) The transmitting antenna for a broadcasting station providing the ultra short-wave broadcasting service or television broadcasting service shall meet the following conditions for establishment: <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
1. That the place on which the transmitting antenna is to be installed shall be fit to generate efficient distribution of electric field strength in consideration of the population density of the area over which broadcasting is to be served, and that it shall be in a low position so that radio wave emission to areas other than the area over which broadcasting is to be served shall be suppressed to the maximum extent possible;
2. That the height, effective radiated power, and directivity of the transmitting antenna shall make the whole area of a major city enter the broadcast service area, and suppress unwanted emission to the maximum;
3. That it shall meet the conditions under Article 56 (1) 3.
(2) Notwithstanding paragraph (1), a community radio station among broadcasting stations providing the ultra short-wave broadcasting service shall meet the following conditions for establishment: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. That its antenna power shall not exceed ten watts;
1-2. That it shall have an output control device that cannot exceed the authorized antenna power. In such cases, the output control device shall be sealed in a way so that breaking the seal is difficult;
2. That height and directivity of a transmitting antenna shall not exceed its broadcast service area;
3. That it shall meet the technical requirements determined and prescribed by the Minister of Science and ICT, such as the bandwidth, and height of antenna.
(3) The Minister of Science and ICT may relax the conditions provided for in paragraphs (1) and (2) where deemed specifically necessary to promote public welfare, etc. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 58 (Broadcast Service Area)
(1) The broadcast service area of each broadcasting station (excluding satellite broadcasting stations; hereafter the same shall apply in this Article) shall be marked on a map according to the classification of the Special Metropolitan City, Metropolitan Cities, Dos, Special Self-Governing Province, Sis, Guns, Gus (referring to autonomous Gus), etc., and matters concerning the anticipated listenership for a broadcasting service, such as the total number of households, number of households anticipated to listen to the broadcasting, etc. in the range.
(2) Detailed methods of marking the broadcast service area under paragraph (1) and guidelines for preparation shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) A person who obtains authorization to establish a broadcasting station shall submit data on the actual measurement of electric field strength of the broadcast service area to the Minister of Science and ICT within three months from the time the broadcasting station begins operations. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 59 (Protection of Broadcasting Reception)
(1) Every owner of a building (hereinafter referred to as "owner") causing interference with broadcast (applicable only to television broadcasting) reception (hereinafter referred to as "interference with reception") shall install facilities necessary to remove such interference with reception and maintain the facilities pursuant to Article 36 (1) of the Act.
(2) The standards for ordinarily receivable broadcast and the level of removal of interference with reception under Article 36 (1) of the Act shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 60 (Occurrence and Mediation of Disputes)
(1) Any resident of an area experiencing interference with reception (hereinafter referred to as "resident") may report the occurrence of interference with reception to the head of the agency that has permitted the construction of the relevant building.
(2) Upon receipt of a report under paragraph (1), the head of the agency that has permitted the construction of the relevant building shall notify the relevant owner of such fact.
(3) Where no agreement is reached between the owner and residents concerning removal of interference with reception, the residents may apply for mediation to the head of the agency that has permitted the construction of the relevant building.
(4) The head of the agency that has permitted the construction of the relevant building shall take appropriate measures to settle the dispute, and may request cooperation from the Minister of Science and ICT, where necessary. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 61 (Measures Taken by Authorized Persons of Broadcasting Stations)
(1) Where an owner intends to remove interference with reception caused by radio facilities determined and publicly notified by the Minister of Science and ICT, the authorized person of the broadcasting station, which is experiencing interference with reception, shall take necessary measures, such as applying for authorization of a radio station to remove such interference with reception. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The authorized person of a broadcasting station may require an owner to bear expenses, etc. incurred in establishing a radio station under paragraph (1).
 Article 62 (Investigation of Interference, etc.)
Where the head of an agency who has permitted the construction of a building causing interference with reception requests consultation on the following matters, the Minister of Science and ICT shall comply with such request: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Investigation of the details and scope of the occurrence of interference with reception;
2. Measures to remove interference with reception;
3. Grading standards for the reception of ordinarily receivable broadcasts in the relevant area.
SECTION 3 Operation of Space Communications
 Article 63 (Filing Applications for International Registration of Satellite Networks)
(1) A person who intends to apply for international registration of a satellite network pursuant to Article 39 (1) of the Act (hereinafter referred to as "applicant") shall file an application accompanied by the following documents with the Minister of Science and ICT: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Documents specified by the Radio Regulations of the International Telecommunication Union;
2. A satellite project plan.
(2) Where the Minister of Science and ICT deems that the contents of an application filed under paragraph (1) comply with the following requirements, he/she shall file an application for international registration of a satellite network with the International Telecommunication Union: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. That it shall be possible to assign and designate a radio frequency to the satellite station that the applicant intends to establish;
2. That the satellite project plan shall be appropriate;
3. That the applicant shall have the capability to adjust interference with satellite networks.
(3) Where the contents of an application do not comply with any of the subparagraphs of paragraph (2), the Minister of Science and ICT may require the relevant applicant to supplement them within a specified period. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) If deemed necessary to address interference with a satellite network, the Minister of Science and ICT may require an applicant to adjust satellite network interference under the jurisdiction of a foreign country. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 64 (Fees for International Registration of Satellite Networks)
(1) Fees for international registration of a satellite network under Article 39 (3) of the Act shall be as specified by the International Telecommunication Union.
(2) The Minister of Science and ICT may select satellite networks exempt from fees for international registration of satellite networks each year, as specified by the International Telecommunication Union. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 64-2 (Periods of Restriction, etc. on Transfer, Lease, etc. of Satellite Frequency License)
(1) “Such period as provided by Presidential Decree” in the main sentence of Article 41 (2) of the Act means the three-year period beginning on the date of assignment or designation of a satellite radio frequency, etc. under Article 10 (2) of the Act or Article 18-4 of the Act.
(2) “Cause prescribed by Presidential Decree” in the proviso to Article 41 (2) of the Act means cases classified as follows:
1. Transfer of a satellite frequency license:
(a) When a person, who is assigned a satellite radio frequency, etc. or obtains designation, becomes insolvent;
(b) When a person, who is assigned a satellite radio frequency, etc. or obtains designation, merges with another entity, or transfers all of the business that he/she operates to another entity to cope with sudden changes in economic conditions or to streamline his/her business;
2. Leasing of a satellite frequency license: When a person obtains re-assignment under Article 16 of the Act;
3. Discontinuation of the use of a satellite radio frequency, etc.: When a satellite radio frequency, etc. cannot be used in the normal conditions due to serious fault or failure of all or part of a satellite.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 64-3 (Approval to Transfer or Lease Satellite Frequency Licenses)
(1) A person who intends to acquire or take on lease a satellite frequency license under the main sentence of, or proviso to, Article 41 (2) of the Act shall file an application for approval in the Form prescribed by Ordinance of the Ministry of Science and ICT, accompanied by the following documents (including electronic documents), with the Minister of Science and ICT, together with a person who intends to transfer or lease out the satellite frequency license pursuant to paragraph (3) of the same Article: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. A copy of a transfer/acquisition contract (only applicable to transfer and acquisition) or a copy of a lease/hire contract (only applicable to lease and hire);
2. The articles of incorporation of the relevant corporation;
3. A list of stockholders of the relevant corporation, and documents concerning the ownership of stocks, etc. of stockholders, etc.;
4. Plans for using satellite radio frequencies;
5. Measures for protecting satellite networks and users;
6. Documents determined by the public announcement of radio frequency assignment pursuant to the latter part of Article 10 (21) of the Act and Article 11 of this Decree.
(2) A person who intends to transfer or lease out a satellite frequency license under the proviso to Article 41 (2) of the Act shall also submit the documents classified as follows, in addition to the documents referred to in the subparagraphs of paragraph (1):
1. In cases of transfer: Documents proving the fact falling under any item of Article 64-2 (2) 1;
2. In cases of lease: Documents proving the fact falling under Article 64-2 (2) 2.
(3) Upon receipt of an application for approval filed under paragraph (1), the Minister of Science and ICT shall verify the relevant corporate registration certificate by sharing the administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Upon receipt of an application for approval filed under paragraph (1), the Minister of Science and ICT shall determine whether to grant approval taking into account the following matters, within 30 days of receipt of the application, and inform the applicant of his/her determination: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Impacts on the protection of satellite networks;
2. Efficient use of spectrum resources;
3. The applicant’s financial capacity;
4. The applicant’s technological capacity;
5. Characteristics of the radio frequency to be assigned or other matters necessary for using the radio frequency.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 64-4 (Approval for Interruption of Use of Satellite Radio Frequencies, etc.)
(1) A person who intends to interrupt the use of satellite radio frequencies, etc. under the main sentence of, or proviso to, Article 41 (2) of the Act shall file an application for approval in the Form prescribed by Ordinance of the Ministry of Science and ICT, accompanied by documents describing measures for protecting satellite networks and users (including electronic documents), with the Minister of Science and ICT pursuant to paragraph (3) of the same Article. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) Any person who intends to interrupt the use of satellite radio frequencies, etc. under the proviso to Article 41 (2) of the Act shall also submit documents proving the fact falling under Article 64-2 (2) 3, in addition to the documents referred to in paragraph (1).
(3) Upon receipt of an application for approval filed under paragraph (1), the Minister of Science and ICT shall verify the relevant corporate registration certificate by sharing the administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Upon receipt of an application for approval filed under paragraph (1), the Minister of Science and ICT shall determine whether to grant approval taking into account the following matters, within 30 days of receipt of the application, and inform the applicant of his/her determination: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Impacts on the protection of satellite networks;
2. Impacts on the protection of users.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 64-5 (Transfer, Lease, etc. of Radio Facilities of Space Stations)
(1) An authorized person, etc, of a space station who intends to transfer or lease out the whole or part of the radio facilities of a space station to another person (including the operation of such radio facilities by entrustment to other person or use thereof jointly with another person) pursuant to Article 42-2 (1) of the Act shall file an application for approval in the Form prescribed by Ordinance of the Ministry of Science and ICT, accompanied by following documents (including electronic documents), with the Minister of Science and ICT together with a person who intends to acquire or take on lease the relevant radio facilities: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. A copy of a transfer/acquisition contract (only applicable to transfer and acquisition), a copy of a lease/hire contract (only applicable to lease and hire), a copy of an agreement on entrusted operation (only applicable to entrusted operation) or a contract on joint use (only applicable to joint use);
2. The articles of incorporation of the relevant corporation;
3. A list of stockholders of the relevant corporation, and documents concerning the ownership of stocks, etc. of stockholders, etc.;
4. A satellite project plan.
(2) Upon receipt of an application for approval filed under paragraph (1), the Minister of Science and ICT shall verify the relevant corporate registration certificate by sharing the administrative data information pursuant to Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) Upon receipt of an application for approval filed under paragraph (1), the Minister of Science and ICT shall determine whether to grant approval taking into account the following matters, within 30 days of receipt of the application, and inform the applicant of his/her determination: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Efficient use of the radio facilities of the space station;
2. Maintenance of order of using satellite radio waves;
3. Impacts on the protection of satellite networks.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 64-6 (Submission, etc. of Plans for Operating Satellites)
(1) In accordance with Article 44-2 (1) of the Act, the Minister of Science and ICT may request a person who is operating a satellite in any satellite network, the international registration of which is completed by the Republic of Korea, to submit a plan to secure and operate a subsequent satellite (hereinafter referred to as a “plan for satellite operation”) by five years prior to the expiration of the expected service life (referring to the expected service life stated in the plan to use radio frequencies referred to in Article 12 (1) 3 and the satellite project plan referred to in Article 63 (1) 2) of the relevant satellite. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The plan for satellite operation shall include the following matters:
1. The satellite orbits and radio frequencies of the subsequent satellite;
2. The production schedule, and the date scheduled for launch of the subsequent satellite;
3. The expected service life of the subsequent satellites;
4. The satellite project plan.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
CHAPTER V PROTECTION OF SPECTRUM RESOURCES
 Article 65 (Radio Stations subject to Reporting on Electromagnetic Field Strength)
"Radio station which meets the requirements prescribed by Presidential Decree" in Article 47-2 (3) of the Act means a radio station meeting both the technical requirements for antenna power and the technical requirements for place of installation prescribed in attached Table 6. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 27232, Jun. 21, 2016>
 Article 66 (Timing for and Methods of Reporting Electromagnetic Field Strength)
The timing for reporting the electromagnetic field strength under Article 47-2 (3) of the Act is classified as follows: Provided, That only subparagraph 1 shall apply to radio stations of electromagnetic grade I, which shall be determined and publicly notified by the Minister of Science and ICT under Article 47-2 (1) 2 of the Act: <Amended by Presidential Decree No. 21161, Dec. 9, 2008; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. A radio station required to undergo an inspection upon completion of construction under Article 24 (1) of the Act (applicable only to changed matters under Article 31 (4) 3, 6, 7, and 9, and Article 39-2 (3) 1 (applicable only to matters concerning the antenna power, and the type and configuration of the antenna, and antenna gain), 2, and 4): Within 45 days from the date of receipt of a certificate of the completion inspection;
2. A radio station required to undergo a regular inspection under Article 24 (4) of the Act: Within 45 days from the date of receipt of a certificate of a regular inspection after passing an inspection under Article 24 (4) of the Act.
 Article 66 (Timing for and Methods of Reporting Electromagnetic Field Strength)
The timing for reporting the electromagnetic field strength under Article 47-2 (3) of the Act is classified as follows: Provided, That only subparagraph 1 shall apply to radio stations of electromagnetic grade I, which shall be determined and publicly notified by the Minister of Science and ICT under Article 47-2 (1) 2 of the Act: <Amended by Presidential Decree No. 21161, Dec. 9, 2008; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
1. A radio station required to undergo an inspection upon completion of construction under Article 24 (1) of the Act (applicable only to changed matters under Article 31 (4) 3, 6, 7, and 9, and Article 39-2 (3) 1 (applicable only to matters concerning the antenna power, and the type and configuration of the antenna, and antenna gain), 2, and 4): Within 45 days from the date of receipt of a certificate of the completion inspection: Provided, That a radio station having a transmitter with more than 500 watt antenna power (if at least two transmitters share the same radio frequency, the antenna power of each transmitter shall be aggregated; hereinafter the same shall apply) shall report it on the date of receipt of a certificate of the completion inspection; <<Enforcement Date: Dec. 13, 2018>>
2. A radio station required to undergo a regular inspection under Article 24 (4) of the Act: Within 45 days from the date of receipt of a certificate of a regular inspection after passing an inspection under Article 24 (4) of the Act.
 Article 67 (Timing for and Methods of Requesting Measurement of Electromagnetic Field Strength)
The timing for requesting the measurement of electromagnetic field strength under Article 47-2 (4) of the Act is classified as follows: Provided, That only subparagraph 1 shall apply to radio stations of electromagnetic grade I, which shall be determined and publicly notified by the Minister of Science and ICT under Article 47-2 (1) 2 of the Act: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. A radio station required to undergo an inspection upon completion of construction under Article 24 (1) of the Act: Date a report on completion of construction is submitted under Article 42;
2. A radio station required to undergo a regular inspection under Article 24 (4) of the Act: Within 30 days from the date a notice of a regular inspection is served under Article 45 (4).
 Article 67-2 (Technical Requirements for Electromagnetic Compatibility)
(1) The technical requirements for electromagnetic compatibility referred to in Article 47-3 (1) of the Act (hereinafter referred to as "technical requirements for electromagnetic compatibility") are as follows:
1. Equipment causing electromagnetic interference shall be managed to protect a broadcasting and communications network in accordance with the following criteria and not to hinder the performance of other equipment:
(a) The electromagnetic energy from the voltage or current flowing through a power cable or signal cable shall not adversely affect other communications networks, peripheral devices, etc.;
(b) Electric field strength or electromagnetic energy of electricity, etc. radiating into the air shall not adversely affect other communications networks, peripheral devices, etc.;
2. Equipment affected by electromagnetic waves shall be managed so that malfunction or performance degradation shall not occur in an environment in which electromagnetic waves exist according to the following criteria:
(a) Malfunction or performance degradation shall not occur due to electromagnetic energy existing in the air or due to electromagnetic energy from power cable, signal cable, etc.;
(b) Malfunction or performance degradation shall not occur under the influence of instantaneous changes in electromagnetic wave energy, such as static electricity of changes in rated voltage, etc.
(2) Detailed technical requirements for electromagnetic compatibility referred to in paragraph (1) shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 68 (Lease of Radio Facilities)
(1) An authorized person who intends to lease out radio facilities at a radio station (excluding radio facilities of a space station) to a third person pursuant to Article 48 (1) of the Act shall file an application for approval to lease radio facilities with the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Where the Minister of Science and ICT deems that an application filed under paragraph (1) is appropriate for using radio facilities efficiently and for maintaining sound practices in the use of radio waves, he/she shall grant approval for lease. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT grants approval for lease pursuant to paragraph (2), he/she may limit the period of lease and area of use, if particularly necessary. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 69 (Entrusted Operation and Joint Use of Radio Facilities)
(1) Radio facilities (excluding radio facilities of a space station) that can be operated under entrustment or be jointly used pursuant to Article 48 (1) of the Act are listed as follows: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Antenna poles at radio stations;
2. Transmitting facilities and receiving facilities;
3. Radio facilities at radio stations belonging to the same authorized person;
4. Radio facilities at amateur stations determined by the Minister of Science and ICT;
5. Other radio facilities at radio stations for public safety, which are deemed particularly necessary and publicly notified by the Minister of Science and ICT.
(2) Where radio facilities referred to in paragraph (1) are operated under entrustment or are jointly used, the following conditions shall be met: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. The radio facilities shall be installed at a place where radio waves can be efficiently emitted;
2. The operation of pre-existing radio stations shall not be hindered;
3. Radio waves emitted from the radio facilities shall not interfere with the reception of broadcast signals by the neighborhood;
4. The radio facilities shall satisfy the criteria determined by the Minister of Science and ICT as deemed necessary.
(3) A person who intends to obtain approval from the Minister of Science and ICT to entrust the operation of or jointly use radio facilities under paragraph (1) shall prepare an agreement or a contract for joint use and file an application for approval for entrusted operation or joint use of radio facilities with the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) through (9) Deleted. <by Presidential Decree No. 22605, Dec. 31, 2010>
 Article 69-2 (Orders, etc. to Jointly Use Radio Facilities)
(1) The following are prescribed as the conditions for issuing an order to jointly use radio facilities and an order to install radio facilities in an environmentally friendly manner pursuant to Article 48-2 (2) of the Act (hereinafter referred to as "order for joint use, etc."):
1. Radio facilities installed and operated in the national or public park areas, development restriction districts, etc., which are deemed likely to damage the natural environment;
2. Radio facilities installed in urban areas, which are deemed likely to their fine view;
3. Radio facilities installed and operated in buildings, on roads, empty building sites, etc., which are deemed likely to damage the urban view or the natural environment.
(2) Radio facilities subject to an order for joint use shall be the following installed in base stations, mobile relay stations, and fixed stations established and operated by a facility-based telecommuincations business entity referred to in Article 6 of the Telecommunications Business Act: <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
1. Antenna poles at radio stations;
2. Transmitting facilities and receiving facilities.
(3) The Minister of Science and ICT shall take into account the following matters when issuing an order for joint use: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Whether radio wave interference is likely to occur;
2. Whether a building or land can be rented;
3. Whether buildings, rooftops, steel towers, etc. are safe;
4. Whether the electromagnetic field strength exceeds the technical requirements for human exposure to electromagnetic wave (applicable only to orders for joint use of radio facilities);
5. Whether it is possible to install radio facilities underground or in a tunnel or building (applicable only to orders for environmentally friendly installation of radio facilities);
6. Other matters deemed necessary by the Minister of Science and ICT for the efficient operation, management, etc. of radio facilities.
(4) The Minister of Science and ICT shall give written notice, stating the following matters to issue an order for joint use, etc.: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Name of the radio station to be used jointly or environmentally friendly;
2. Place of installation of radio facilities;
3. Period of installation of radio facilities.
(5) Detailed matters necessary for the requirements, procedures, etc. for an order for joint use, etc. and for radio facilities to be issued an order for joint use, etc. under paragraphs (1) through (4) shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 70 (Spectrum Monitoring)
"Matters prescribed by Presidential Decree" in Article 49 (2) 6 of the Act means the following matters: <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
1. Detection of unwanted emission from home appliances, factory automation facilities, etc.;
2. Detection and analysis of radio waves flowing in from the atmosphere;
2-2. Detection and analysis of changes in radio waves due to disturbance by cosmic radio emissions, such as sunspot blasts;
3. Monitoring of and measures against communications causing interference or jamming, unwanted communications and false communications that incur inconvenience to radio communications;
4. Mobile spectrum monitoring;
5. Other matters concerning data surveys, measures and publicity necessary for maintaining and protecting the orderly use of radio waves.
 Article 71 (Buildings, etc. Requiring Approval)
(1) The following are prescribed as buildings or structures (hereinafter referred to as "building, etc.") requiring approval from the Minister of Science and ICT pursuant to Article 52 (1) of the Act: <Amended by Presidential Decree No. 20853, Jun. 20, 2008; Presidential Decree No. 21807, Nov. 2, 2009; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. The following buildings, etc. to be constructed in an area within one-kilometer radius from the place where the radio direction finder is installed:
(a) Transmitting antennas and receiving antennas: Provided, That small-sized antennas for receiving broadcast and those equivalent thereto shall be excluded;
(b) Overhead lines and elevated cables (including those for electricity, communications, electric railroads, and others equivalent thereto);
(c) Buildings (including those made from wood, stone, and concrete and those of other structures): Provided, That where the angle of elevation of the top of a building, etc. from where the radio direction finder is installed does not exceed three degrees, such buildings shall be excluded;
(d) Tower poles made from steel, stone, or wood and their supports, chimneys, and lightning arrestors: Provided, That where the angle of elevation of the top of a tower pole from the place where the radio direction finder is installed does not exceed three degrees, such tower pole shall be excluded;
(e) Railroads and trolleys;
2. Water pipes, gas pipes, electric cables, communication cables buried in an area within 500-meter radius from the place where the radio direction finder is installed and other underground utilities equivalent thereto.
(2) A person who intends to construct any of the buildings, etc. referred to in the subparagraphs of paragraph (1) shall file an application for approval to construct a building, etc. along with an elevation drawing and floor plan describing the external appearance of high floors (scale, bearing, height, and width shall be stated) with the Minister of Science and ICT. The same shall apply to filing an application for revising approved matters. <Amended by Presidential Decree No. 20853, Jun. 20, 2008; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where an application for approval under paragraph (2) is filed, the Minister of Science and ICT may request necessary materials from the applicant within a specified period, if necessary for determining whether electromagnetic interference exists. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Upon receipt of an application for approval or for approval of revision under paragraph (2), the Minister of Science and ICT shall examine whether electromagnetic interference exists and notify the applicant of his/her decision within 14 days. <Amended by Presidential Decree No. 20853, Jun. 20, 2008; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 72 (Presentation of Identification)
Public officials conducting an inspection, test, spectrum monitoring, etc. pursuant to Articles 6, 49, 50, and 71-2 of the Act shall carry an identification indicating their identity or an identification card of a public official, and present it to interested persons. <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
 Article 73 Deleted. <by Presidential Decree No. 22605, Dec. 31, 2010>
 Article 74 (Industrial, Scientific, and Medical Equipment Not Deemed Communications Equipment)
"Equipment satisfying the criteria prescribed by Presidential Decree" in Article 58 (1) 1 of the Act means equipment generating high-frequency current exceeding 9 KHz, which is any of the following using high-frequency output exceeding 50 watts: Provided, That the equipment, including household electronic appliances, which is determined and publicly notified by the Minister of Science and ICT shall be excluded herefrom: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 26533, Sep. 22, 2015; Presidential Decree No. 28210, Jul. 26, 2017>
1. Industrial equipment (referring to those used for industrial production, such as drying wood or plywood, melting or heating metals, exhaust of vacuum tubes, etc. after generating high-frequency energy);
2. Medical equipment (referring to those generating high-frequency energy to use such energy for medical purposes);
3. Other industrial, scientific and medical equipment (other than in subparagraphs 1 and 2, which use high-frequency energy for the purpose of heating, ionization, etc. by directly applying high-frequency energy to load).
 Article 75 (Industrial, Scientific, and Medical Equipment Deemed Communications Equipment)
(1) “Facilities and equipment, the electric field strength, etc. of which satisfies the criteria prescribed by Presidential Decree" in Article 58 (1) 2 of the Act means any of the following equipment: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Communication equipment using power lines (hereinafter referred to as "power-line communication equipment") shall have electric field strength exceeding 500 microvolts (μV/m) at a three-meter radius from the equipment: Provided, That where the frequency of the relevant equipment is lower than 450 KHz, the equipment shall be the one exceeding the electric field strength publicly notified by the Minister of Science and ICT;
2. Inductive radiotelegraphy or radiotelephone (hereinafter referred to as "inductive communications equipment") shall have electric field strength exceeding 15 microvolts per meter at 500 meters away from the equipment and at a distance computed by dividing the basic frequency from cable by two π.
(2) Frequencies emitted from power-line communication equipment and output to be used shall meet the following: <Amended by Presidential Decree No. 20853, Jun. 20, 2008>
1. 9 KHz and 30 MHz frequency range (excluding on-the-spot experiments for technical development);
2. The high frequency power of transmitting facilities shall not exceed 10 watts: Provided, That those of special equipment shall be excluded.
(3) Frequencies emitted from inductive communication equipment shall be between 9 KHz and 250 KHz.
 Article 76 (Authorization of Industrial, Scientific and Medical Equipment)
(1) A person who intends to obtain authorization for industrial, scientific, and medical equipment pursuant to Article 58 (1) of the Act shall file an application for authorization with the Minister of Science and ICT, along with a construction drawing of the industrial, scientific and medical equipment, as classified below: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Equipment referred to in Article 74: To file an application for each place where the relevant equipment is to be installed;
2. Equipment referred to in Article 75 (1): To file an application for each communication system to which the relevant equipment pertains.
(2) Where a person who intends to apply for authorization pursuant to paragraph (1) intends to use all of the industrial, scientific, and medical equipment, which has been used by a third person upon obtaining authorization, unceasingly as they stand, the following documents may replace construction drawings of the industrial, scientific and medical equipment:
1. A copy of a certificate of authorization for the equipment for which authorization is current;
2. A map showing a new place of installation and its environs, where equipment is to be newly installed in a place different from the current place of installation;
3. Documents indicating the transfer of ownership, etc.
(3) The Minister of Science and ICT shall issue to the applicant, a certificate of authorization for industrial, scientific, and medical equipment upon granting authorization for industrial, scientific, and medical equipment. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) "Matters prescribed by Presidential Decree" in the latter part of Article 58 (1) of the Act means the following: <Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Purpose of operations;
2. Place of installation;
3. Type, name, and serial number of equipment: Provided, That industrial, scientific, and medical equipment determined and publicly notified by the Minister of Science and ICT taking into account the degree, method, etc. of shielding electromagnetic waves shall be excluded;
4. Type of radio waves and frequency;
5. High frequency power.
 Article 77 (Inspections of Industrial, Scientific, and Medical Equipment)
(1) The regular inspection of industrial, scientific, and medical equipment conducted under Article 58 (3) of the Act shall be valid for five years.
(2) Article 44 (2) shall apply mutatis mutandis to the starting point for counting the term of validity of an inspection of industrial, scientific, and medical equipment; Article 45 (1) 3, and (5) 2 and 3 to the timing to undergo an inspection; Article 45 (3), (4), (6), (7), (9) and (10) to the methods of, and procedures, etc. for, inspections; and Article 46 to the postponement of regular inspections, respectively. <Amended by Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 27299, Jun. 30, 2016>
CHAPTER V-2 MANAGEMENT OF BROADCASTING AND COMMUNICATIONS EQUIPMENT, ETC.
 Article 77-2 (Certification of Conformity)
(1) The following are prescribed as broadcasting and communications equipment that requires certification of conformity under Article 58-2 (2) of the Act (hereinafter referred to as "certification of conformity"), and equipment that causes electromagnetic interference or are affected by electromagnetic waves (hereinafter referred to as "broadcasting and communications equipment, etc."):
1. Broadcasting and communications equipment, etc. likely to harm the spectrum environment, broadcasting and communications networks, etc.;
2. Broadcasting and communications equipment, etc. that causes significant electromagnetic interference or are affected by electromagnetic waves to the extent that it does not function normally;
3. Other broadcasting and communications equipment, etc. likely to inflict grave harm on the life and safety of people, etc.
(2) A person who intends to obtain certification of conformity shall file an application for certification of conformity (including an electronic application form) accompanied by the documents publicly notified by the Minister of Science and ICT, such as a component layout, and exterior drawings, with the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT grants certification of conformity to an application under paragraph (2), he/she shall issue a certificate to the applicant and publicly announce such fact in the official gazette. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Detailed matters necessary for the subject, procedures, methods, etc. of certification of conformity under paragraphs (1) through (3) shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-3 (Registration of Conformity)
(1) Article 77-2 (2) through (4) shall apply mutatis mutandis to the procedures and methods for and public announcement of registration of conformity under Article 58-2 (3) of the Act (hereinafter referred to as "registration of conformity").
(2) "Equipment specified by Presidential Decree" in the proviso to Article 58-2 (3) of the Act means the following broadcasting and communications equipment, etc., determined and publicly notified by the Minister of Science and ICT: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Broadcasting and communications equipment, etc. used for measurement and testing;
2. Broadcasting and communications equipment, etc. used for industrial and scientific purposes;
3. Other broadcasting and communications equipment, etc. not requiring testing by designated testing bodies, in view of its characteristics, use, etc.
(3) A person who has completed registration of conformity shall keep documents determined and publicly notified by the Minister of Science and ICT, such as test documents concerning technical requirements for conformity assessment under Article 58-2 (1) of the Act (hereinafter referred to as "technical requirements for conformity assessment"), from the date such registration of conformity is made pursuant to Article 58-2 (4) of the Act until five years elapse after manufacture, importation or sale is suspended. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-4 (Reporting on Revisions of Conformity Assessment)
A person who intends to revise conformity assessment pursuant to the former part of Article 58-2 (5) of the Act shall file a report on the revision of conformity assessment (including an electronic report form) with the Minister of Science and ICT, along with documents verifying revised matters (including electronic documents). In such cases, if such matters are related to technical requirements for conformity assessment, a report shall be filed after conformity assessment is conducted. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-5 (Indication of Conformity Assessment)
(1)  Where any person who has undergone conformity assessment prescribed in Article 58-2 (1) of the Act intends to indicate the fact that he/she has undergone conformity assessment on the relevant equipment and its packaging pursuant to paragraph (6) of the same Act, such person shall indicate the following information (hereafter in this Article referred to as “conformity assessment information”):
1. The trade name of the person who has undergone conformity assessment;
2. The name and model of the equipment;
3. The date of manufacturing of the equipment;
4. The manufacturer and manufacturing country of the equipment.
(2) Matters necessary for the standards, methods, etc. for indicating conformity assessment information shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 77-6 (Interim Certification)
(1) Article 77-2 (2) through (4) shall apply mutatis mutandis to the procedures and methods for, public announcement, etc. of interim certification under Article 58-2 (7) of the Act.
(2) The Minister of Science and ICT may organize and operate an interim certification examination committee, as determined and publicly notified by the Minister of Science and ICT, if deemed necessary to examine an application for interim certification under paragraph (1). <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) A person who applies for interim certification or has obtained interim certification pursuant to paragraph (1) may request the Minister of Science and ICT to establish or amend technical requirements for conformity assessment, if necessary to perform his/her business affairs. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4)  Where a person who holds interim certification intends to undergo conformity assessment pursuant to 58-2 (8) of the Act, the person shall undergo conformity assessment prescribed in Article 58-2 (2) or (3) by the 90th day after the date he/she is notified of the establishment of the technical requirements for conformity assessment applicable to the relevant equipment, or becomes aware of the fact that any cause making it impracticable to conduct the conformity assessment ceases to exist. <Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-7 (Exemption from Conformity Assessment)
(1) The equipment which may be exempted from conformity assessment under Article 58-3 (1) of the Act shall be as stated in attached Table 6-2. <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
(2) Article 77-2 (2) through (4) shall apply mutatis mutandis to the procedures and methods for exemption from conformity assessment under paragraph (1) and other relevant matters.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-8 (Revocation of Conformity Assessment)
(1) The Minister of Science and ICT shall give public notice in the official gazette upon revoking conformity assessment pursuant to Article 58-4 (1) or (2) of the Act. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) "Period prescribed by Presidential Decree" in Article 58-4 (2) 1 of the Act means a period classified as follows:
1. Where disposition of revocation is issued for any of the reasons provided for in Article 58-4 (1) or 58-4 (2) 2 of the Act: Six months;
2. Where disposition of revocation is issued for the reason provided for in Article 58-4 (2) 1 of the Act: One year.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-9 (Designation, etc. of Testing Bodies)
(1) A corporation intending to be designated as a testing body performing testing affairs for conformity assessment pursuant to Article 58-5 (1) of the Act (hereinafter referred to as "testing body") shall file an application (including an electronic application form) for designation of a testing body with the Minister of Science and ICT, along with documents determined by the Minister of Science and ICT, according to the following classification: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Wired field;
2. Wireless field;
3. Electromagnetic compatibility field;
4. Electromagnetic field strength field;
5. Specific absorption rate field.
(2) The Minister of Science and ICT may require a specialized examination organization referred to in Article 77-10 to conduct the examination of requirements if deemed necessary for examining an application for designation filed under paragraph (1). <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT designates a testing body based on an application filed under paragraph (1), he/she shall issue a certificate of designation and publicly announce such fact in the official gazette. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Detailed matters necessary for the procedures and methods for, and examination of applications for designation under paragraphs (1) through (3) shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Where a testing body designated under paragraph (3) (hereinafter referred to as "designated testing body") intends to obtain approval for revising any terms and conditions of such designation, for abolishing designated testing duties, or for succession to the status pursuant to Article 58-5 of the Act, paragraphs (2) through (4) shall apply mutatis mutandis to the procedures and methods for, public announcement thereof.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-10 (Specialized Examination Institutions, etc.)
(1) "Specialized examination institution prescribed by Presidential Decree" in Article 58-5 (4) of the Act means an institution designated and publicly notified by the Minister of Science and ICT from among institutions meeting the requirements for examination of designated testing bodies established by the International Organization for Standardization. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The specialized examination institutions designated under paragraph (1) shall perform the duties of examination, as determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-11 (Inspections, etc. of Designated Testing Bodies)
(1) Inspections of designated testing bodies prescribed in Article 58-6 of the Act shall be classified into regular inspections and occasional inspections. <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
(2) The regular inspections referred to in paragraph (1) shall be conducted according to the following classification: <Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016>
1. To inspect the performance of facilities necessary for conformity assessment testing (limited to facilities specified in subparagraphs 1 through 5 and 13 of attached Table 14-2) referred to in Article 58-5 (1) 1 of the Act: To be conducted annually, starting from the date of designation as a designated testing body;
2. To inspect matters other than those prescribed in subparagraph 1: To be conducted every two years, starting from the date of designation as a designated testing body.
(3) The occasional inspections referred to in paragraph (1) shall be conducted at any time when inspections are required. <Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016>
(4) To request relevant data pursuant to Article 58-6 (1) of the Act, the Minister of Science and ICT shall make a written request (including electronic documents) specifying a 15-day period for submission: Provided, That where a person requested to provide reasonable grounds, he/she may extend the deadline for submission by up to 15 days. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-12 (Matters to be Observed, etc. by Designated Testing Bodies)
(1) Designated testing bodies shall abide by the following pursuant to Article 58-7 (1) of the Act: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. To appropriately maintain and manage examination-related facilities;
2. To regularly educate examination-related personnel;
3. To keep and maintain examination-related data for at least five years;
4. To conduct the sampling inspection of equipment equivalent to 3/100 of broadcasting and communications equipment, etc. the conformity of which are registered after undergoing tests conducted by a designated testing body under Article 58-2 (3) of the Act and report the results to the Minister of Science and ICT;
5. To establish and implement provisions concerning examination-related quality management set by the International Organization for Standardization.
(2) Where the Minister of Science and ICT issues an order of suspension or revokes designation pursuant to Article 58-7 (2) and (3) of the Act, he/she shall publicly announce such fact in the official gazette. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Matters to be observed and public announcements under paragraphs (1) and (2), and other necessary matters, shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-13 (Mutual Recognition Agreements on Conformity Assessment)
The contents of the mutual recognition agreement on conformity assessment with a foreign government under Article 58-8 of the Act are as follows: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters concerning the validity of conformity assessment;
2. Matters concerning technical requirements for conformity assessment;
3. Matters concerning testing bodies and certification bodies for conformity assessment;
4. Other matters deemed necessary by the Minister of Science and ICT for the procedures, methods, etc. for conformity assessment.
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 77-14 (Methods of Indication, etc.)
(1) Matters to be indicated pursuant to Article 58-12 (1) of the Act are as follows: Provided, That subparagraph 3 shall be indicated only where the Minister of Science and ICT has designated a center pursuant to Article 9-3 (1) of the Act: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. The time broadcasting and communications equipment, etc. becomes unusable and the fact that using it after the elapse of such time is the violation of the Act;
2. The dates manufacture, import, and sale of broadcasting and communications equipment, etc. are completed;
3. Matters concerning the center.
(2) Paragraph (1) shall apply mutatis mutandis to the matters to be notified under Article 58-12 (2) of the Act.
(3) Matters to be indicated under paragraph (1) shall be marked on the relevant equipment and the packaging of the equipment in a manner easily understandable by users, and a user guide describing the matters to be indicated shall be also included in the packaging.
(4) Detailed matters necessary for the methods of indication and notification under paragraphs (1) through (3) shall be prescribed and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014]
CHAPTER VI PROMOTION OF RADIO WAVES
 Articles 78 through 84 Deleted. <by Presidential Decree No. 22310, Jul. 26, 2010>
 Article 85 (Disclosure of Status of Using Radio Frequencies)
(1) The Minister of Science and ICT shall make public the status of using radio frequencies pursuant to Article 60 of the Act: Provided, That he/she need not disclose any information referred to in Article 9 (1) of the Official Information Disclosure Act. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT shall establish and operate an information system to disclose the status of using radio frequencies; and shall update the information system without delay, where the status of using radio frequencies is changed. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
(3) Detailed matters concerning the establishment and operation of an information system under paragraph (2) shall be determined and publicly notified by the Minister of Science and ICT. <Newly Inserted by Presidential Decree No. 28466, Dec. 12, 2017>
 Article 86 (Technologies To be Standardized and Procedures, etc.)
(1) Technologies using radio waves subject to standardization under Article 63 (2) of the Act are as follows:
1. Technologies concerning systems and services using radio waves;
2. Technologies concerning spectrum management and environment;
3. Other technologies using radio waves.
(2) A person having interest in the standardization of technologies using radio waves may prepare a standard proposal on matters listed in the subparagraphs of paragraph (1) and request the establishment or amendment thereof from the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT establishes, amends, or repeals standards for technologies using radio waves, he/she shall publicly notify the details thereof. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Procedures for the establishment, amendment, or repeal of standards under paragraph (3), and other necessary matters, shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 87 (Guidance on and Supervision of Business Affairs of the Korea Communications Agency)
(1) The Minister of Science and ICT shall guide and supervise the business affairs of the Agency pursuant to Article 66 (5) of the Act; and may issue instructions, dispositions, or orders to the Agency regarding its business affairs, if deemed necessary. <Amended by Presidential Decree No. 21161, Dec. 9, 2008; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may require the Agency to report on its business affairs, accounting, and property, or require subordinate public officials to inspect the books, documents, and other articles of the Agency. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Public officials conducting an inspection under paragraph (2) shall carry an identification indicating their authority and present it to interested persons.
 Article 88 (Business of Association)
The Association shall conduct the following business: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28464, Dec. 12, 2017>
1. Cooperative activities among members;
2. Research, inspections, public relation activities, and publication to increase the use of radio waves and to heighten the recognition thereof;
2-2. Any of the following projects for efficiently using spectrum resources:
(a) Surveying and analyzing demands for radio frequencies or technologies;
(b) Creating a foundation to use radio frequencies or new technologies;
2-3. Any of the following projects for creating a business environment for the radio wave broadcasting industry:
(a) Supporting the industrialization of radio wave broadcasting technology;
(b) Supporting the distribution of broadcasting and communications equipment, broadcasting equipment, etc. for developing the radio wave broadcasting industry;
(c) Supporting the entry of radio wave broadcasting technology, broadcasting and communications equipment, etc. into overseas markets;
3. Surveying the status of radio waves-related industries;
3-2. Surveying the status of broadcasting and communication equipment;
4. Developing and spreading technologies using radio waves;
5. Collecting, surveying, analyzing, and supplying information on technologies related to radio waves;
6. Conducting research on the standardization of technologies using radio waves;
6-2. Training experts in utilizing radio waves and broadcasting technology;
6-3. Deleted; <by Presidential Decree No. 27232, Jun. 21, 2016>
7. Business incidental to those referred to in subparagraphs 1, 2, 2-2, 2-3, 3, 3-2, 4 through 6, and 6-2, and other business necessary to attain the objectives of the Association.
 Article 89 (Full or Partial Exemption from Spectrum Usage Fees)
(1) "Radio station prescribed by Presidential Decree" in Article 67 (1) 6 of the Act means: <Amended by Presidential Decree No. 22310, Jul. 26, 2010; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 27232, Jun. 21, 2016>
1. An emergency station, experimental station, amateur station, standard radio frequency, and time signal station;
2. A radio station installed by the Korean Red Cross established under the Organization of the Republic of Korea National Red Cross Act and a radio station established to manage and operate the communication network for emergency medical service referred to in Article 25 (1) 6 of the Emergency Medical Service Act;
3. A radio station falling under Article 90 (2) 1 or 2, the spectrum usage fee to be imposed on which is less than 3,000 won, and a radio station falling under attached Table 7;
4. The following radio stations established in a tunnel, an urban rail transit (applicable only to those established underground), a basement of a building, etc.:
(a) A radio station established to use communication services provided by a facility-based telecommuincations business entity;
(b) A satellite broadcasting auxiliary station established by a satellite digital multimedia broadcasting business entity;
5. A radio station for the prevention of disasters, such as flood forecast, and flood warning;
6. A radio station established by a facility-based telecommuincations business entity, for the purpose of implementing the public duties of the State;
7. A radio station established by a facility-based telecommuincations business entity, for the purpose of providing Internet services to farming and fishery villages via a satellite.
(2) Full or partial exemption from the spectrum usage fee under the proviso to Article 67 (1) of the Act shall be classified as follows: <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
1. Authorized persons of radio stations falling under Article 67 (1) 6 and 7 of the Act shall be fully exempted from the spectrum usage fee;
2. 30/100 of the spectrum usage fee shall be reduced for authorized persons of radio stations falling under Article 67 (1) 4 or 5 of the Act.
 Article 90 (Standards for Calculating Spectrum Usage Fees, etc.)
(1) Spectrum usage fees for a radio station established by a facility-based telecommuincations business entity to supply telecommunications services to subscribers pursuant to the proviso to Article 68 (1) of the Act shall be computed as stated in attached Table 8: Provided, That where telecommunications services are provided to another telecommunications service provider at the wholesale price pursuant to Article 38 of the Telecommunications Business Act, fees shall be calculated after subtracting the number of subscribers provided with telecommunications services at the wholesale price from the number of subscribers referred to in attached Table 8 no later than September 30, 2018. <Amended by Presidential Decree No. 24198, Nov. 23, 2012; Presidential Decree No. 26533, Sep. 22, 2015; Presidential Decree No. 27478, Sep. 5, 2016; Presidential Decree No. 28265, Sep. 5, 2017>
(2) Spectrum usage fees referred to in the main sentence of Article 68 (1) of the Act shall be computed according to the following classification: <Amended by Presidential Decree No. 27800, Jan. 24, 2017>
1. The standards for computing spectrum usage fees for any of the following radio stations shall be as stated in attached Table 9:
(a)  Radio stations established by facility-based telecommuincations business entities other than those referred to in paragraph (1);
(b)  Satellite broadcasting auxiliary stations established by satellite broadcasting business entities;
(c) Radio stations using frequencies exclusively for the integrated public network [referring to frequencies 718 MHz to 728 MHz or frequencies 773 MHz to 783 MHz; hereinafter the same shall apply].
2. Standards for computing spectrum usage fees for a radio station not falling under paragraph (1) and subparagraph 1 are as listed in attached Table 10;
3. Notwithstanding subparagraphs 1 and 2, spectrum usage fees for a radio station used while in motion and an earth station established by a facility-based telecommuincations business entity for lease purposes are as stated in attached Table 11.
(3) Where the period for which spectrum usage fees are to be imposed and collected pursuant to paragraphs (1) and (2) does not exceed three months, the amount computed by dividing an amount computed by multiplying spectrum usage fees for the relevant quarter by days for which spectrum usage fees are to be imposed and collected, by the total days of the relevant quarter: Provided, That where the period for which spectrum usage fees are to be imposed and collected from a radio station under paragraph (2) 3 does not exceed three months, no spectrum usage fees shall be imposed and collected.
(4) Notwithstanding paragraph (2) 1 and 2, no spectrum usage fees shall be imposed on receiving facilities and stand-by facilities, and the period for suspension of operation under Article 25-2 (1) of the Act and the period for suspension of operation under Article 72 (3) of the Act shall not be counted in the days for imposition and collection of spectrum usage fees. <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
 Article 91 (Period of Collection of Spectrum Usage Fees, etc.)
(1) Spectrum usage fees shall be imposed and collected quarterly, and the quarterly collection period is as listed in attached Table 11-2. <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
(2) Notwithstanding paragraph (1), spectrum usage fees shall be collected from a person who obtains authorization to establish a radio station in a quarter-year period during the collection period under paragraph (1), and spectrum usage fees shall be collected from a person who closes a radio station upon closure of the radio station.
(3) Notwithstanding paragraph (1), the authorized person of a radio station other than a radio station for which spectrum usage fees are computed pursuant to Article 90 (1) may pay the full amount of annual spectrum usage fees upfront. In such cases, a person who intends to pay annual spectrum usage fees upfront shall file an application for lump-sum payment of spectrum usage fees with the Minister of Science and ICT or the Korea Communications Commission. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where a person intends to pay annual spectrum usage fees upfront pursuant to paragraph (3), the person is entitled to a 10 percent reduction of the annual spectrum usage fees payable. In such cases, one year means one year from the quarter following the quarter in which the filing date of an application for lump-sum payment of spectrum usage fees falls.
 Article 92 (Rate of Surcharge on Spectrum Usage Fees)
The rate of surcharge under Article 68 (2) of the Act shall be 5/100 of spectrum usage fees in arrears: Provided, That where the amount is paid within one week after the payment deadline expires, the rate shall be 1/100 of the spectrum usage fees in arrears. <Amended by Presidential Decree No. 22771, Mar. 29, 2011>
 Article 93 (Procedures for Collecting Spectrum Usage Fees)
(1) Procedures for collecting revenues under statutes related to national treasury shall apply mutatis mutandis to procedures for collecting spectrum usage fees. In such cases, the notice of payment shall state the standards for computation of spectrum usage fees, methods and time limit for filing an objection, etc.
(2) Unless otherwise expressly prescribed in this Decree, matters necessary for the collection of spectrum usage fees shall be determined by public notification of the Minister of Science and ICT after consultation with the Korea Communications Commission. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 93-2 (Fees, etc. for Filing Applications for Radio Frequency Assignment)
A person who files an application for the assignment, re-assignment, or additional assignment of radio frequencies under Article 10 (3), 16, or 16-2 of the Act shall pay a fee in the amount of 200 thousand won for each application pursuant to Article 69 (1) 1 of the Act. <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
[This Article Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014]
 Article 94 Deleted. <by Presidential Decree No. 27232, Jun. 21, 2016>
 Article 94-2 (Fees for Filing Applications, etc. for Approval to Use Radio Frequencies)
A person who files an application for approval, application for modifying approved matters, or application for renewal under Article 18-2 (2) or Article 22 (1) of the Act to establish and operate a radio station referred to in subparagraph 4 of Article 23, shall pay a fee classified as follows pursuant to Article 69 (1) 1-3 of the Act:
1. In cases of an application for approval: 12,000 won per radio frequency;
2. In cases of an application for modifying approved matters: 6,000 won per radio frequency;
3. In cases of an application for renewal: 6,000 won per radio frequency.
[This Article Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014]
 Article 95 (Fees for Filing Applications for Authorization, etc. for Radio Stations)
(1) A person who files an application for authorization or renewal of authorization for, or authorization to change a radio station or industrial, scientific, and medical equipment prescribed in Article 19 (1), 22 (1), or 58 (1) of the Act shall pay fees stated in attached Table 12. <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
(2) A person who files an application for authorization to change the purposes of facilities, counterpart to communications, matters of communications (matters of broadcasting in cases of a broadcasting station), call signs, call name, type of radio waves, or permitted working hours not accompanied by the change of facilities for a radio station, among the matters requiring authorization to change under the subparagraphs of Article 31 (4), shall pay 1,000 won as a fee, notwithstanding paragraph (1). <Amended by Presidential Decree No. 22605, Dec. 31, 2010>
(3) A person who files an application for authorization to simultaneously change matters falling under paragraphs (1) and (2) shall pay fees under paragraph (1).
 Article 96 (Fees for Inspection of Radio Stations, etc.)
(1) A person who undergoes an inspection upon completion of construction, or a regular inspection or an occasional inspection of a radio station, industrial, scientific and medical equipment, etc. under Articles 24 (1), (4), (5), and (7) and 58 (3) of the Act shall pay a fee as specified in attached Table 13: Provided, That where a relevant facility is jointly used by at least two radio stations, a fee chargable for inspection of one radio station shall be paid; and where each radio station has different antenna power, a fee for a radio station with the highest antenna power shall be paid. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 27232, Jun. 21, 2016>
(2) Fees referred to in paragraph (1) shall apply to all transmitting equipment and receiving equipment to be inspected: Provided, That where an inspection is conducted to grant authorization for change or upon receipt of a report on change under Articles 24 (1) and 58 (3) of the Act (hereinafter referred to as "modification inspection"), fees shall be calculated as follows according to the type of the radio station and the kind and scale of the relevant equipment: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 27232, Jun. 21, 2016>
1. Where a modification inspection is conducted, 3/4 of the amount in the fees for modification inspection specified in attached Table 13 shall apply to the changed facilities for transmitting equipment and receiving equipment (excluding extension or replacement of equipment);
2. Where both a regular inspection and a modification inspection of a radio station, industrial, scientific and medical equipment, etc. is conducted, fees for the regular inspection specified in attached Table 13 shall apply;
3. Where radio facilities for which construction work for change has been conducted are jointly used by transmitting equipment and receiving equipment and thus inspection of the respective transmitting equipment and receiving equipment is unnecessary, fees shall be imposed on the transmitting equipment and receiving equipment with the greatest antenna power among transmitting equipment and receiving equipment.
(3) Where a radio station, etc. fails an inspection under paragraph (1) and have to undergo a re-inspection, a fee for the re-inspection shall be an amount equivalent to 1/3 of the fee specified in attached Table 13: Provided, That where only a document inspection is conducted, fees for re-inspection shall be exempted.
 Article 97 (Fees for Inspection of Radars, etc.)
(1) Fees for an inspection upon completion of construction, a regular inspection, and an occasional inspection under Article 24 (1), (4), and (5) of the Act of radars and pulse modulation transmitters shall be computed as follows: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 27232, Jun. 21, 2016>
1. Inspection fees referred to in the column “scale of transmitter by antenna power of 12 to 50 watts of a ship station in a fishing boat” (referring to gross tonnage below 500 ton) in the type of radio stations referred to in attached Table 13 shall apply to a radar installed at a ship station with antenna power not exceeding 50 watts in a fishing boat with a gross tonnage of below 500 ton, of which peak power does not exceed 10 kilowatts;
2. Inspection fees for radar in a radio station other than in subparagraph 1 and a pulse modulation transmitter shall be as listed in attached Table 1.
(2) Inspection fees for a transmitter of at least 50 watts but below 500 watts, based on antenna power listed in the “radio station” column in attached Table 13 shall apply to the inspection of a transmitter of multiplex radio facilities (including radio facilities conducting digital multimedia broadcasting defined in subparagraph 1 (d) of Article 2 of the Broadcasting Act) with antenna power below 500 watts, or to the inspection of the transmitter of a television set (excluding television sets of television broadcasting stations) using radio waves of at least 500 MHz radio frequency in cases of an inspection under Article 24 (1), (4) and (5) of the Act: Provided, That a radio station which falls under Article 24 (2) 1 (a), (b), or (e) (excluding radio paging services) among radio stations using multiplex radio facilities of less than 500 watts of antenna power shall be subject to the inspection fees falling under the “radio station” column using assigned radio frequency listed in attached Table 13. <Amended by Presidential Decree No. 20853, Jun. 20, 2008; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25561, Aug. 27, 2014; Presidential Decree No. 27232, Jun. 21, 2016>
(3) Where a radar, etc. fails an inspection under paragraphs (1) and (2) and undergoes a re-inspection, fees for re-inspection shall be an amount equivalent to 1/3 of the fees specified in attached Tables 13 and 14: Provided, That where only a document inspection is conducted, fees for re-inspection shall be exempted.
 Article 97-2 (Fees for Inspections by Designated Testing Bodies)
The fees for inspections by designated testing bodies referred to in Article 58-6 (1) of the Act shall be as specified in attached Table 14-2.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 97-3 (Fees for Designation of Conformity Assessment and Testing Body)
Fees for applying for conformity assessment and applying for the designation or change of testing bodies for conformity assessment are as specified in attached Table 14-3. <Amended by Presidential Decree No. 27232, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 98 (Fees for Measurement of Electromagnetic Field Strength of Radio Stations)
A person who intends to request the measurement of electromagnetic field strength pursuant to Article 47-2 (4) of the Act shall pay a fee of 203,000 won. <Amended by Presidential Decree No. 25795, Dec. 3, 2014>
 Article 98-2 (Fees for Evaluation of Safety of High-Power or Leaking Electromagnetic Waves)
A person who files a request for the safety evaluation of high-power or leaking electromagnetic waves under Article 56 (1) of the Act shall pay a fee classified as follows:
1. Fees for evaluation of radioactive protection efficiency (per measuring point): 297,000 won;
2. Fees for evaluation of conductivity protection efficiency (per conductive line): 586,000 won.
[This Article Newly Inserted by Presidential Decree No. 25795, Dec. 3, 2014]
 Article 99 (Fees for Technical Qualification Examinations, etc. for Operators)
(1) A person who intends to take a technical qualification examination for operators under Article 70 (1) of the Act or to have a relevant certificate of technical qualification issued (including re-issuance) shall pay a fee determined and publicly notified by the Minister of Science and ICT pursuant to Article 69 (1) 6 of the Act: Provided, That fees for matters entrusted to the Agency pursuant to the National Technical Qualifications Act shall be paid, as prescribed by the National Technical Qualifications Act. <Amended by Presidential Decree No. 22310, Jul. 26, 2010; Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) To determine fees pursuant to the main sentence of paragraph (1), the Minister of Science and ICT shall announce the fact on the website for at least 20 days to collect opinions from interested parties: Provided, That he/she may publicly announce such fact for ten days after explaining the reason, if deemed urgent. <Newly Inserted by Presidential Decree No. 22771, Mar. 29, 2011; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) No fees paid under the main sentence of paragraph (1) shall be refunded except in any of the following circumstances: <Newly Inserted by Presidential Decree No. 22310, Jul. 26, 2010; Presidential Decree No. 24198, Nov. 23, 2012; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Where fees are erroneously or over-paid: An amount paid overpaid or erroneously paid;
2. Where an applicant withdraws his/her application during the period of receipt: The full amount of fees;
3. Where a person fails to take a test due to reasons attributable to the Minister of Science and ICT: The full amount of fees;
4. Where an applicant withdraws his/her application five days prior to the scheduled date for the test: An amount determined by the Minister of Science and ICT.
 Article 100 (Fees for Re-Issuance of Certificates of Authorization and Certificates of Report)
A person who intends to apply for re-issuance of a certificate of authorization for a radio station or of a certificate of report pursuant to Articles 33 (3) and 39-3 (2) shall pay a fee of 1,000 won: Provided, That where a certificate of authorization or a certificate of report is re-issued in electronic format, no fee shall be collected.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 101 (Full or Partial Exemption from Fees)
(1) A radio station installed by the Minister of Science and ICT or the head of an affiliated institution, or a radio station for which radio frequencies are reassigned pursuant to Article 7 (1) of the Act shall be exempted from fees charged under Articles 95 through 97, and 100. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Where an inspection is conducted on each transmitting and receiving equipment of each radio station operating full-duplex multi input multi output equipment, which is a radio station of a facility-based telecommuincations business entity using radio frequencies allocated by the Minister of Science and ICT pursuant to Article 10 of the Act, the inspection fee for each equipment, except the equipment first inspected, shall be reduced by 40 percent of the inspection fee specified in Article 96 (1). <Newly Inserted by Presidential Decree No. 28464, Dec. 12, 2017>
(3) In cases of the following radio stations in which radio facilities referred to in Article 69 (1) 1 and 2 are installed and used jointly by at least two facility-based telecommuincations business entities or broadcasting business entities, the inspection fees for such radio facilities shall be reduced by 20 percent of the inspection fee specified in Article 96: <Amended by Presidential Decree No. 28464, Dec. 12, 2017>
1. A fixed station;
2. A base station;
3. A mobile relay station;
4. A broadcasting station.
 Article 102 (Methods of Payment)
(1) Where fees referred to in Articles 93-2, 94, 94-2, 95, 97-2, 98, 98-2, 99, and 100 are requested or claimed, payment shall be made in cash or by postal transfer, postal money order, etc. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 25795, Dec. 3, 2014>
(2) Procedures for collection of revenues under national treasury-related statutes shall apply mutatis mutandis to the payment of fees under Articles 96 and 97: Provided, That fees payable to the Agency shall be paid by postal transfer or giro in advance.
(3) Where the State or a local government has fees to pay and it is impracticable for it to pay the fees pursuant to paragraphs (1) and (2), such fees shall be paid in response to a payment notice.
(4) The Minister of Science and ICT may allow the payment of fees under paragraphs (1) and (2) with electronic money, via electronic settlement system, etc. through the information and communications network. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
CHAPTER VII OPERATORS
 Article 103 (Subjects for Examinations, etc. for Each Type of Technical Qualifications)
Subjects for examinations and questions for each type of technical qualifications of radio operators and amateur radio operators among operators referred to in Article 70 (1) of the Act are as stated in attached Table 15.
 Article 104 (Passing Scores for Examinations)
The passing criteria for a technical qualification examination under Article 103 (hereinafter referred to as "technical qualification examination") are as follows: <Amended by Presidential Decree No. 22310, Jul. 26, 2010>
1. At least 40 points in each subject graded on the basis of 100 points, and grade point average for all subjects of at least 60 points;
2. At least 40 points in each class graded on the basis of 100 points of relevant type of technical qualifications (excluding the subject of radio communication of class 3 amateur radio operator (telegraph class)) in cases of radiocommunication subject, and grade point average for all classes of at least 60 points.
 Article 105 (Methods of Technical Qualification Examinations)
(1) A practical examination shall be conducted in the subject of radio communication among the subjects for technical qualification examinations for aeronautical radio operators, and a written examination shall be conducted in other subjects. <Amended by Presidential Decree No. 22310, Jul. 26, 2010; Presidential Decree No. 27232, Jun. 21, 2016>
(2) A written examination for each subject referred to in paragraph (1) shall consist of 20 multiple choice questions, each with four possible answers: Provided, That a written test in the subjects of communication security, English tests for marine radio operator, and radio communications tests for class 3 amateur radio operators (telegraph class) shall be 10 multiple choice questions, each with four possible answers. <Amended by Presidential Decree No. 22310, Jul. 26, 2010>
(3) No person shall be allowed to take a practical examination for radio communications under paragraph (1) unless he/she passes a written examination. <Amended by Presidential Decree No. 22310, Jul. 26, 2010>
(4) A person who has completed education determined and publicly notified by the Minister of Science and ICT may be exempt from each technical qualification examination of aeronautical radio operators, marine radio operators, on-land radio operators, limited radio operators, class 3 amateur radio operators (telephone class), and class 4 amateur radio operators. <Amended by Presidential Decree No. 22310, Jul. 26, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 106 (Exemption from Examination Subjects)
(1) A person who passes a written examination for technical qualification shall be exempt from written examinations for two years from the date his/her success in the relevant written examination is announced.
(2) Where a person who already obtained a certificate of an operator intends to take a technical qualification examination for another type of operators, he/she shall be exempt from some of the examination subjects as prescribed in attached Table 16 upon application.
 Article 107 (Implementation, etc. of Technical Qualification Examinations)
A technical qualification examination shall be implemented at least once annually: Provided, That the same shall not apply to the following cases:
1. Where too many persons have obtained a certificate of the relevant qualification;
2. Where the number of applicants for the relevant qualification examination is expected to be negligible, or to none.
 Article 108 (Public Announcement of Implementation of Technical Qualification Examinations)
The Agency shall publicly announce a plan for the implementation of a technical qualification examination for a year by not later than November 30 of the preceding year. <Amended by Presidential Decree No. 23759, May 1, 2012>
 Article 109 (Filing Applications for Technical Qualification Examinations)
A person who intends to take a technical qualification examination shall file an application for the technical qualification examination prescribed by Ordinance of the Ministry of Science and ICT with the Agency, along with the following documents: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. One photograph (a head shot taken within six months from the filing date of the application, in full-face view directly facing the camera without any head covering, and the photograph presents the full head from the top of the hair to the bottom of the chin and the size of photograph must be 3x4);
2. A copy of a technical qualification certificate issued under Article 9 of the National Technical Qualifications Act, a copy of a technical qualification certificate issued under Article 112 (2), or documents verifying careers (applicable only to persons exempt from some of the subjects of the technical qualification examination under Article 106 (2)).
 Article 110 Deleted. <by Presidential Decree No. 27232, Jun. 21, 2016>
 Article 111 (Method of Publicly Announcing Successful Applicants)
The Agency shall post a list of successful applicants or notify each successful applicant of his/her success in an examination within 30 days after the examination is finished.
 Article 112 (Issuance of Technical Qualification Certificates)
(1) Where a person who has passed a technical qualification examination seeks issuance of a technical qualification certificate pursuant to Article 70 (2) of the Act, he/she shall file an application therefor with the Minister of Science and ICT, along with the following documents: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. A copy of a photograph (2.5cm x 3cm);
2. A copy of an alien registration certificate or a passport (limited to a foreigner).
(2) Upon receipt of an application filed under paragraph (1), the Minister of Science and ICT shall issue a technical qualification certificate to the relevant applicant. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 113 (Re-Issuance of Technical Qualification Certificates)
Where an operator seeks re-issuance of his/her technical qualification certificate due to loss or damage, he/she shall, without delay, file an application for re-issuance of a technical qualification certificate with the Minister of Science and ICT, along with the following documents: Provided, That where a person serving in a ship station or aircraft station loses his/her technical qualification certificate or his/her certificate is damaged while the ship or aircraft is navigating, he/she shall file an application for re-issuance within ten days from the date the relevant ship or aircraft first arrives at its destination in Korea: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. A technical qualification certificate (excluding cases where it is lost);
2. His/her photograph (2.5cm x 3cm).
 Article 114 (Correction of Technical Qualification Certificates)
Where an operator finds any entries that need correction in his/her technical qualification certificate, he/she shall file an application for correction with the Minister of Science and ICT and have the technical qualification certificate corrected. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 115 (Types of Technical Qualification and Scope of Services)
The types of technical qualification of operators and the scope of services by qualification type of operators under Article 70 (3) of the Act are as listed in attached Table 17. <Amended by Presidential Decree No. 26533, Sep. 22, 2015>
 Article 116 (Scope of Operations or Installation and Maintenance by Persons other than Operators)
(1) In any of the following cases, a person other than operators can operate or install and maintain radio facilities pursuant to the proviso to Article 70 (4) of the Act: <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24198, Nov. 23, 2012; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
1. Where an operator is unable to board a ship or aircraft as the ship or aircraft is in a foreign country or is navigating from place to place in a foreign country, and thus a person having a certificate listed in the left column of the following Table (referring to a certificate issued by a foreign country pursuant to the Radio Regulations of the International Telecommunication Union) conducts operations or performs installation and maintenance within the scope of services of operators as listed in the right column of the same Table:
A person with a certificate of a first-class radiotelegraph operator or a general certificate of a radio operatorA telecommunication expert
A person with a certificate of a second-class radiotelegraph operatorA telecommunication industrial engineer
A person with a special certificate of a radiotelegraph operatorA telecommunication technician
A person with a general certificate of a radiotelephone operator or a restricted certificateAn aeronautical radio operator
A person with a certificate of a first-class radio electronic operatorA telecommunication expert
A person with a certificate of a second-class radio electronic operatorA telecommunication industrial engineer
A person with a certificate of a general radio operatorA telecommunication technician
A person with a certificate of a restricted radio operatorA maritime radio operator
2. Where it is impossible to have an operator operate radio facilities when an emergency communications service is conducted;
3. Where operations other than those prescribed in the following items, which are communications operations of radiotelephone, automatic communication facilities, etc. of a ship station or aircraft station, are conducted under the management of an operator in the relevant radio station:
(a) Communications operation concerning the establishment of liaison and conclusion;
(b) Communications operation for distress communication, emergency communication and safety communication;
4. Where a person who has obtained an amateur radio operator license in a foreign country and is recommended by an organization designated by the Minister of Science and ICT installs and operates an amateur station in his/her licensing service for a while during his/her stay in the Republic of Korea;
5. Cases determined and publicly notified by the Minister of Science and ICT, except as otherwise expressly provided for in subparagraphs 1 through 4.
(2) Cases where a person, other than an operator, can operate radio facilities pursuant to paragraph (1) 1 shall be restricted to cases of distress communications, emergency communications, safety communications, and urgent communications related to the operation of a ship.
 Article 116-2 (Criteria for Cheating)
The following are prescribed as cheating in a technical qualification examination for operators referred to in Article 70-2 of the Act:
1. Engaging in conversations with another examinee regarding the examination;
2. Exchanging answer sheets with another examinee;
3. Filling out the answer sheet by peeking at another examinee's answer sheet or examination paper;
4. Giving answers to another examinee or allowing him/her to peek at the answer sheet the relevant examine himself/herself has prepared;
5. Carrying and using articles related to the contents of examination questions, or giving or receiving such articles to or from another examinee;
6. Filling out the answer sheet by receiving help from a person inside or outside of the place of examination;
7. Taking the examination after being informed of examination questions in advance;
8. Handing in the answer sheet by filling in another examinee’s name or application number on it;
9. Taking the examination for another person, or having another person sit for the examination;
10. Filling out the answer sheet using a communication device or electronic device [a mobile phone, portable personal digital assistant (PDA), portable multimedia player (PMP), portable computer, portable cassette, digital camera, MP3 player, portable game console, electronic dictionary, camera pen, or clock with additional functions in addition to the display of the time] or transmitting answers to another examinee during the examination;
11. Taking the examination by other unjust or unfair means.
[This Article Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016]
 Article 117 (Standards for Qualification and Posting of Fixed Number of Operators)
(1) The following are prescribed as the standards for qualification and posting of a fixed number of operators under Article 71 of the Act: <Amended by Presidential Decree No. 24198, Nov. 23, 2012; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. A coast station: Attached Table 18;
2. An earth station: Attached Table 19;
3. A ship station:
(a)  A ship station required to be equipped with radio communication facilities necessary for implementing world maritime distress and safety systems prescribed in Article 29 (1) of the Ship Safety Act and the proviso to Article 5 (1) of the Fishing Vessels Act: Attached Table 20;
(b)  A ship station put on international navigation, other than ship stations falling under item (a), by being equipped with radio communication facilities necessary for implementing world maritime distress and safety systems: Attached Table 20;
(c) A ship station, other than those prescribed in item (a) or (b): Attached Table 21;
4. A broadcasting station: Attached Table 22;
5. An aircraft station: One person qualified as a telecommunication expert, telecommunication industrial engineer, or aeronautical radio operator shall be placed;
6. Other standards for qualification and posting of a fixed number of operators in a radio station: the standards determined and publicly notified by the Minister of Science and ICT;
7. Deleted. <by Presidential Decree No. 27232, Jun. 21, 2016>
(2) Where radio facilities are installed in the same place, are jointly used, etc., the Minister of Science and ICT may reduce the fixed number of operators by qualification, as determined and publicly notified by the Minister of Science and ICT, notwithstanding paragraph (1). <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 117-2 (Inspections or Measures for Imported Equipment)
(1) The Minister of Science and ICT may inspect or examine broadcasting and communication equipment in the customs clearance process to determine whether such equipment meets the requirements for conformity assessment pursuant to Article 71-2 (1) of the Act before the completion of customs clearance, in consultation with the Administrator of the Korea Customs Service.
(2) Where the Minister of Science and ICT discovers, after inspecting or examining broadcasting and communication equipment under paragraph (1), that such equipment falls under any of the following cases, he/she shall issue an order to take necessary measures, such as improvement, correction, return or destruction; or may request the Administrator of the Korea Customs Service to issue such order:
1. Where conformity-certified equipment ceases to meet the requirements for conformity assessment;
2. Where the conformity of equipment is not certified or registered;
3. Where any change of the conformity-certified equipment is not reported pursuant to Article 58-2 (5) of the Act;
4. Where the conformity-certified equipment fails to carry the conformity certification mark pursuant to Article 58-2 (6) of the Act.
(3) The Minister of Science and ICT and the Administrator of the Korea Customs Service may share the information concerning persons who have imported the equipment referred to in paragraph (2) to inspect or examine such equipment or to issue an order to take necessary measures pursuant to paragraphs (1) and (2).
(4) Where the Minister of Science and ICT conducts the inspection or examination pursuant to paragraph (1), he/she shall keep the records of details and results of such inspection or examination, and may allow the persons who have imported the relevant equipment to peruse the records.
(5) The methods and procedures for an inspection or examination under paragraph (1), measures to be taken under paragraph (2), the sharing of information under paragraph (3), the keeping and peruse of the records of details and results of an inspection or examination under paragraph (4), and other detailed matters shall be determined and publicly notified by the Minister of Science and ICT.
[This Article Newly Inserted by Presidential Decree No. 28464, Dec. 12, 2017]
 Article 117-3 (Procedures, etc. for Inspections and Measures)
(1) Where the Minister of Science and ICT requests the submission of relevant data or equipment pursuant to Article 71-2 (2) of the Act, he/she shall make a written request specifying a 15-day period for submission: Provided, That, where a person in receipt of such request states a good cause, the period may be extended. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Where the Minister of Science and ICT inspects or examines data or equipment submitted under paragraph (1), he/she shall notify the relevant person in writing of the results thereof. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 22605, Dec. 31, 2010]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 118 (Standards for Imposition of Administrative Dispositions)
The general standards for imposition of administrative dispositions under Articles 14 (8), 18-3 (1), 41 (7), 42-2 (4), 58-4 (1) and (2), 58-7 (2) and (3), 72 (2) and (3), and 76 (1) of the Act are as stated in attached Table 22-2, and the detailed standards therefor are as follows: <Amended by Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 27232, Jun. 21, 2016>
1. The standards for imposing administrative dispositions on persons who have obtained approval to acquire or lease a spectrum license pursuant to Article 14 (8) of the Act: Attached Table 22-3;
1-2. The standards for imposing administrative dispositions on persons who have obtained approval to use radio frequencies pursuant to Article 18-3 (1) of the Act: Attached Table 22-4;
1-3. The standards for imposing administrative dispositions on persons who have obtained approval to acquire or lease a satellite frequency license pursuant to Article 41 (7) of the Act (including persons who have obtained approval to transfer or lease out the same): Attached Table 22-5;
1-4. The standards for imposing administrative dispositions on persons who have obtained approval to transfer or lease out radio facilities of a space station pursuant to Article 42-2 (4) of the Act (including persons who have obtained approval to acquire or lease the same): Attached Table 22-6;
2. The standards for imposing administrative dispositions on persons who have undergone conformity assessment pursuant to Article 58-4 (1) and (2) of the Act: Attached Table 23;
3. The standards for imposing administrative dispositions on designated testing bodies pursuant to Article 58-7 (2) and (3) of the Act: Attached Table 24;
4. The standards for imposing administrative dispositions on the authorized persons of radio stations pursuant to Article 72 (2) and (3) of the Act: Attached Table 25;
5. The standards for imposing administrative dispositions on operators pursuant to Article 76 (1) of the Act: Attached Table 26.
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 119 (Corrective Orders, etc.)
Where a violation being the grounds for imposing an administrative disposition under Article 118 is not intentional or due to gross negligence and is a rectifiable minor violation, the Minister of Science and ICT may issue a corrective order or warning in lieu of taking a disposition referred to in attached Tables 24 through 26. <Amended by Presidential Decree No. 22605, Dec. 31, 2010; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 120 (Imposition and Payment of Penalty Surcharges)
(1) To impose a penalty surcharge pursuant to Article 73 (1) of the Act, the Minister of Science and ICT or the Korea Communications Commission shall investigate and confirm a violation and give notice to the violator to pay a penalty surcharge, stating the relevant violation, amount of the penalty surcharge, method of, and period for filing an objection, etc. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) A person in receipt of the notice under paragraph (1) shall pay the penalty surcharge to the receiving institution designated by the Minister of Science and ICT or the Korea Communications Commission within 20 days of receipt of the notice: Provided, That where he/she is unable to pay the penalty surcharge within such period due to a natural disaster or any other unavoidable cause, he/she shall make payment within seven days from the date such reason ceases to exist. <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) A receiving institution that collects a penalty surcharge pursuant to paragraph (2) shall issue a receipt to the person who pays the penalty surcharge.
(4) A receiving institution shall give notice to the relevant imposing authority as soon as it collects the penalty surcharge pursuant to paragraph (2).
(5) No penalty surcharges shall be paid in installments.
(6) Procedures for collection of revenues prescribed by statutes concerning the management of national treasury shall apply mutatis mutandis to giving notice of payment of penalty surcharges under paragraph (1).
 Article 121 (Standards for Imposition of Penalty Surcharges)
The standards for imposition of penalty surcharges under Article 73 (2) of the Act are as listed in attached Table 27.
[This Article Wholly Amended by Presidential Decree No.22310, Jul. 26, 2010]
 Article 122 (Urging Violators to Pay Penalty Surcharges)
(1) Where the Minister of Science and ICT or the Korea Communications Commission urges a violator to pay penalty surcharges pursuant to Article 73 (3) of the Act, he/she or it shall do so in writing within seven days after the payment deadline expires.
(2) Where a reminder is issued pursuant to paragraph (1), the deadline for payment of penalty surcharges in arrears shall be within ten days from the date of issuance of the reminder.
 Article 123 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 78 (1) of the Act, the Minister of Science and ICT shall delegate the authority over the following to the Director General of the National Radio Research Agency: <Amended by Presidential Decree No. 23082, Aug. 19, 2011; Presidential Decree No. 24198, Nov. 23, 2012; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 26533, Sep. 22, 2015; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
1. International registration of radio frequencies prescribed in Article 5 of the Act;
1-2. Analysis of radio waves interference for examining whether or not to grant approval to use radio frequencies, assessing the appropriateness of a radio frequency use plan for public purposes, and examining whether or not to designate of radio frequencies under Articles 18-2 (3), 18-6 (3), 21 (2) 1 and 34 (2) 1 of the Act;
1-3. Matters concerning the notice of the procedures, etc. for renewal of authorization under Article 37 (3);
1-4. Matters concerning the request, etc. for the submission of plans for satellite operation prescribed in Article 44-2 of the Act;
1-5. Dissemination of information regarding the effects of electromagnetic waves on the human body, and the education and promotion of the safe use of broadcasting and communications equipment, etc. prescribed in Article 44-4 (2) of the Act;
1-6. Public notification of the technical standards concerning matters falling under the following items among the technical standards under Article 45 of the Act:
(a) Radio facilities for maritime service;
(b) Radio facilities for aeronautical service;
(c) Radio facilities for telecommunications business;
(d) Radio facilities of a simplex radio station, space station or earth station, radio facilities for radio waves detection, and other radio facilities for business (excluding radio facilities of a radio station the establishment of which is permitted without reporting it);
(e) Radio waves application facilities;
(f) Methods of measuring and calculating the antenna power of radio facilities and the high frequency output of radio waves application facilities;
1-7. Safety standards for radio facilities under Article 47 of the Act;
2. Public notification of the technical requirements for measuring the electromagnetic field strength and specific absorption rate under Article 47-2 (1) 3 and 4 of the Act;
2-2. Public notification of equipment subject to the measurement of electromagnetic field strength and a measurement method under Article 47-2 (1) 5 of the Act;
3. Public notification of detailed requirements referred to in Article 67-2 (2) among matters concerning requirements for electromagnetic compatibility provided for in Article 47-3 (1) of the Act;
4. Measurements and inspections as to compliance with the technical requirements for electromagnetic compatibility under Article 47-3 (3) and (5) of the Act, and recommendations on taking measures of electromagnetic reduction and shielding;
5. Detection and analysis of radio waves under subparagraphs 2 and 2-2 of Article 70 among spectrum monitoring duties referred to in Article 49 (2) 6 of the Act;
6. Matters concerning measures necessary for protecting the spectrum environment under Article 55 (1) of the Act (excluding matters concerning the inspection of the spectrum environment);
7. Public notification concerning measurements, etc. of the spectrum environment;
7-2. Matters concerning the safety evaluation of high-power or leaking electromagnetic waves under Article 56 (1) and (2) of the Act;
7-3. Public announcements of standards, methods, etc. for the safety evaluation of high-power or leaking electromagnetic waves under Article 56 (3) of the Act;
8. Matters concerning certification of conformity, registration of conformity, reporting on the revision of conformity assessment, interim certification, etc. under Article 58-2 (2), (3), (5), (7), and (10) of the Act;
9. Matters concerning exemptions from conformity assessment under Article 58-3 of the Act;
10. Matters concerning the revocation of conformity assessment and orders to take measures for improvement, correction, etc. thereof under Article 58-4 (1) and (2) of the Act;
11. Designation of testing bodies, revision of terms and conditions of such designation, repeal of designated testing affairs, approval for acquisition and merger, and examination by specialized examination institutions under Article 58-5 of the Act;
12. Matters concerning requests for submission of relevant data to designated testing bodies and the inspection thereof under Article 58-6 of the Act;
13. Matters concerning corrective orders issued to designated testing bodies, orders to suspend services, and revocation of designation under Article 58-7 (1) through (3) of the Act;
14. Matters concerning establishment of the international conformity assessment system under Article 58-9 of the Act;
15. Matters concerning receipt of reports on unconformity under Article 58-11 of the Act;
16. Matters concerning research on radio waves under Article 61 of the Act;
17. Matters concerning investigations, testing, measures, etc. under Article 71-2 of the Act (applicable only to Article 71-2 (1) 2 of the Act);
18. Hearings held under subparagraph 2-2 or 2-3 of Article 77 of the Act;
19. Imposition and collection of administrative fines under subparagraphs 5-2 through 5-8 of Article 90 and subparagraphs 4 and 5 of Article 92 of the Act.
(2) Pursuant to Article 78 (1) of the Act, the Minister of Science and ICT shall delegate the authority over the following to the head of the Central Radio Management Service: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 25795, Dec. 3, 2014; Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters concerning the investigation and confirmation of the status of use of radio frequencies under Article 6 (2) of the Act;
2. Matters concerning authorization for establishment, authorization for change, reporting on establishment, reporting on change, renewal, etc. of authorization to establish radio stations under Articles 19, 19-2, 21, 22, and 22-2 of the Act: Provided, That authorization and renewal of authorization for establishing a broadcasting station with a studio and antenna power exceeding one watt and authorization for change under Article 31 (4) 1 through 6 of this Decree shall be excluded;
3. Authorization to succeed to the status of an authorized person (excluding the status of a broadcasting station with a studio and antenna power exceeding one watt) and receipt of reports under Article 23 of the Act;
4. Matters concerning the inspection of radio stations under Article 24 of the Act (excluding the inspection of radio stations under paragraph (4) 2 of the same Article);
5. Matters concerning reporting on the closure, suspension of operation, and resumption of operation of a radio station under Article 25-2 of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
6. Matters concerning observance of communications methods, etc. under Article 27 of the Act;
7. Matters concerning distress communications, etc. under Article 28 of the Act;
8. Matters concerning observance of communications security under Article 30 of the Act;
9. Deleted; <by Presidential Decree No. 24476, Mar. 23, 2013>
10. Receipt of reports on the results of measuring the electromagnetic field strength under Article 47-2 (3) of the Act;
11. Measurement and inspection of the electromagnetic field strength of radio stations under Article 47-2 (5) of the Act;
12. Orders to install safety facilities, etc. under Article 47-2 (6) of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
13. Approval for the lease, entrusted operation, and joint use of radio facilities of a radio station under Article 48 (1) of the Act;
14. Matters concerning orders for joint use of radio facilities and orders for environmentally friendly installation thereof;
15. Matters concerning spectrum monitoring and monitoring of international spectrum under Articles 49 and 50 of the Act (excluding detection and analysis of radio waves under subparagraphs 2 and 2-2 of Article 70);
16. Approval for construction of buildings and structures under Article 52 of the Act and public announcement of places where the radio direction finder is installed;
17. Investigations, confirmations, and notification under Article 54 of the Act;
18. Matters (applicable only to the inspection of the spectrum environment) concerning the protection of the spectrum environment, such as measurement of the spectrum environment, under Article 55 of the Act;
19. Authorization for industrial, scientific and medical equipment, revocation of authorization, authorization for change, inspections, receipt of reports on the closure, suspension of operation, and resumption of operation, and the issuance, correction, and re-issuance of certificates of authorization under Article 58 of the Act;
19-2. Matters related to measures, such as suspension of import or selling of broadcasting and communications equipment, etc. following the change of spectrum allocation under Article 58-12 (3) of the Act;
20. Imposition and collection of spectrum usage fees under Article 67 of the Act;
21. Matters concerning investigations, testing, measures, etc. under Article 71-2 of the Act (excluding Article 71-2 (1) 2 of the Act);
22. Matters concerning the revocation of authorization to establish a radio station (excluding a broadcasting station with a studio and antenna power exceeding one watt), closure of a radio station, the establishment of which is reported, an order to suspend operation, and an order to restrict operation under Article 72 of the Act;
23. Matters concerning the imposition and collection of penalty surcharges (excluding a broadcasting station with a studio and antenna power exceeding one watt) under Article 73 of the Act;
24. Matters concerning the revocation of technical qualifications of operators, and orders to suspend services under Article 76 of the Act;
25. Hearings held under subparagraphs 3 and 6 of Article 77 of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
26. Guidance and supervision of the Agency to which the Minister of Science and ICT partially entrusts his/her duties pursuant to Article 78 (2) of the Act;
27. Imposition and collection of administrative fines under Articles 89-2, 89-3 and 90 through 92 of the Act: Provided, That imposition on and collection from broadcasting stations with a studio and antenna power exceeding one watt, and cases falling under subparagraphs 5-2 through 5-5 of Article 90 of the Act and subparagraphs 4 and 5 of Article 92 of the Act shall be excluded;
28. Correction and re-issuance of certificates of authorization for radio stations and certificates of report on radio stations referred to in Articles 33 (2) and (3) and 39-3 (2).
(3) Pursuant to Article 78 (2) of the Act, the Minister of Science and ICT shall entrust the following duties to the Agency: <Amended by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Maintenance and management of the Spectrum License Register under Article 19 of the Act;
2. Matters concerning compensation for losses under Articles 7 and 7-2 of the Act, and methods of filing objections to such compensation for losses (excluding imposition under Article 7 (2) of the Act);
3. Inspections, such as inspections upon completion of construction, of radio stations determined and publicly notified by the Minister of Science and ICT under Article 24 of the Act;
4. Receipt of requests to measure the electromagnetic field strength under Article 47-2 (4) of the Act and measurement thereof;
5. Inspections, such as inspections upon completion of construction, of industrial, scientific and medical equipment, etc. under Article 58 (3) of the Act;
6. Implementation of technical qualification examinations for operators under Article 70 (1) of the Act (excluding matters entrusted to the Agency pursuant to the National Technical Qualifications Act);
7. Matters concerning the issuance of technical qualification certificates to operators under Article 70 (2) of the Act (excluding matters entrusted to the Agency pursuant to the National Technical Qualifications Act).
(4) Pursuant to Article 78 (2) of the Act, the Minister of Science and ICT may entrust the following duties to the Association: <Newly Inserted by Presidential Decree No. 27232, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. Duties related to supporting projects designed to nurture workforce specializing in radio wave and broadcasting technologies prescribed in subparagraph 2 of Article 64 of the Act;
2. Duties related to developing, propagating and supporting educational programs on radio waves prescribed in subparagraph 3 of Article 64 of the Act;
3. Duties related to nurturing workforce specializing in radio waves prescribed in subparagraph 4 of Article 64 of the Act;
4. Duties related to supporting international cooperation projects referred to in Article 65 of the Act.
(5) Where the Director General of the National Radio Research Agency, the head of the Central Radio Management Service, and the Agency performs the duties delegated or entrusted pursuant to paragraphs (1), (2), and (3), they may collect fees under Article 69 of the Act with approval from the Minister of Science and ICT. <Amended by Presidential Decree No. 23082, Aug. 19, 2011; Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(6) Pursuant to Article 78 (3) of the Act, the Korea Communications Commission shall entrust the head of the Central Radio Management Service with the authority over the following affairs: <Newly Inserted by Presidential Decree No. 24476, Mar. 23, 2013; Presidential Decree No. 27232, Jun. 21, 2016>
1. Authorization to establish terrestrial broadcasting auxiliary stations, renewal of such authorization, and authorization for change of such authorization, among broadcasting stations under Article 34 (1) of the Act;
2. Matters concerning standards for reception of broadcast signals and for the elimination of interference with broadcast reception under Article 36 of the Act;
3. Imposition and collection of spectrum usage fees under Article 67 of the Act;
4. Matters concerning the revocation of authorization to establish a terrestrial broadcasting station, closure of a radio station, the establishment of which is reported, orders for suspension of operation, and orders for restriction on operation under Article 72 of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
5. Hearings held under subparagraph 3 of Article 77 of the Act on a broadcasting station referred to in Article 34 (1) of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
6. Imposition and collection of administrative fines under Articles 90 through 92 of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt).
[This Article Wholly Amended by Presidential Decree No. 22605, Dec. 31, 2010]
 Article 123-2 (Re-Examination of Regulation)
(1) The Minister of Science and ICT shall examine the propriety of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year), and shall take measures, such as making improvements.: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Approval to transfer or lease spectrum licenses under Article 16: January 1, 2014;
2. Scope of radio stations which can be established after reporting under Article 24: January 1, 2014;
3. Conditions for establishing radio stations under Article 27: January 1, 2014;
4. Fees for applying for authorization, etc. for radio stations under Article 95: January 1, 2014;
5. Fees for inspection of radio stations, etc. under Article 96: January 1, 2014;
6. Subjects of examinations and questions for each type of technical qualifications of radio operators and amateur radio operators under Article 103: January 1, 2014;
7. Standards for qualification and posting of a fixed number of operators under Article 117: January 1, 2014.
(2) The Minister of Science and ICT shall examine the propriety of the following matters every five years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every fifth year), and shall take measures, such as making improvements: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. Scope of radio stations entitled to full or partial exemption from spectrum usage fees, and the amount of full or partial exemption under Article 89: January 1, 2014;
2. Standards for administrative dispositions prescribed in Article 118: January 1, 2014;
3. Standards for imposition of penalty surcharges prescribed in Article 121: January 1, 2014.
(3) Deleted. <by Presidential Decree No. 27232, Jun. 21, 2016>
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 123-3 (Processing of Personally Identifiable Information)
The Minister of Science and ICT or the Korea Communications Commission (including a person delegated or entrusted with the authority of the Minister of Science and ICT or the Korea Communications Commission under Article 123) may process the data that contains resident registration numbers prescribed in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to conduct the following: <Amended by Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28464, Dec. 12, 2017>
1. Verifying the grounds for disqualification from the assignment of radio frequencies under Article 13 of the Act;
2. Verifying the grounds for disqualification from the establishment of radio stations under Article 20 (1) of the Act;
3. Verifying the grounds for disqualification of a person who succeeds to the status of an authorized person under Article 23 (2) through (4) of the Act;
3-2. Certifying technical qualification or issuing technical qualification certificates under Article 70 of the Act;
4. Imposing and collecting penalty surcharges under Article 73 of the Act;
5. Verifying whether education referred to in Article 105 (4) is completed;
6. Re-issuing technical qualification certificates under Article 113.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 124 (Standards for Imposition of Administrative Fines)
The standards for imposition of administrative fines under Articles 89-2, 89-3 and 90 through 92 of the Act are as set forth in attached Table 28.
[This Article Wholly Amended by Presidential Decree No. 24198, Nov. 23, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Timing of Reporting Electromagnetic Field Strength and Timing to Request Measurement)
The amended provisions of Article 66 shall apply beginning with the first radio station, the completion of construction of which is reported or which receives notification of a regular inspection after June 27, 2007.
Article 3 (Special Cases concerning Lump-Sum Payment of Spectrum Usage Fees)
Where a person who establishes a radio station before January 1, 2008 intends to make a lump-sum payment of spectrum usage fees during the first quarter of 2008 in order to pay spectrum usage fees for one year pursuant to the latter part of Article 91 (3), one year means a period from the first quarter through the fourth quarter of 2008, notwithstanding the amended provisions of the latter part of Article 91 (4).
Article 4 (Transitional Measures concerning Scope of Services by Operators)
Where a first-class radio communications expert, second-class radio communications expert, and radio communications technician who obtained technical qualification before July 1, 1992 have received refresher training after the amended provisions (Presidential Decree No. 13673) of the Enforcement Decree of the Radio Waves Management Act entered into force as determined by the, then, Minister of Communications, they may engage in a service within the scope of services of operators concerning radio wave electronics pursuant to the amended provisions of Article 115, as classified hereunder:
Type of qualificationScope of services
First-class radio communications expertScope of services of a radio electronic expert
Second-class radio communications expertScope of services of a radio electronic industrial engineer
Radio communications technicianScope of services of a radio electronic technician
Article 5 (Transitional Measures concerning Persons who Obtained Former Qualification Certificates)
(1) Persons who have obtained a qualification certificate of a type entered in the left column of the following Table pursuant to the former provisions as at the time the amended provisions of the Enforcement Decree (Presidential Decree No. 17781) of the Radio Waves Act enters into force shall be deemed to have obtained a qualification certificate of the types entered in the right column of the same Table:
Special-class radio operator (aeronautical)Aeronautical radio operator
Special-class radio operator (maritime)Maritime radio operator
Special-class radio operator (radiotelephone A)Land radio operator
Special-class radio operator (radiotelephone B)Restricted radio operator
Special-radio operator (multiplex radio facilities)Land radio operator
Special-radio operator (radar)Restricted radio operator
(2) A person who obtained a qualification certificate of special class radio operator (radiotelephone A) pursuant to the former provisions as at the time the amended provisions of the Enforcement Decree (Presidential Decree No. 17781) of the Radio Waves Act enters into force may conduct the communication operation of radio facilities (excluding radiotelegraph and multiple radio facilities) of a ship station with antenna power not exceeding 250 watt, notwithstanding the amended provisions of attached Table 8.
(3) A person exempt from examinations for the type of technical qualification entered in the left column of the following Table pursuant to the former statutes on December 16, 2002, the date the amended provisions of the Enforcement Rule (Ordinance No. 136 of the Ministry of Information and Communications) of the Radio Waves Act enters into force shall be deemed exempted from the examination for the type of technical qualification entered in the right column of the same Table pursuant to the amended provisions of Article 105 (4):
Special-class radio operator (aeronautical)Aeronautical radio operator
Special-class radio operator (radiotelephone B)Restricted radio operator
Special-class radio operator (maritime)Maritime radio operator
Article 6 (Telecommunications Services subject to Special Cases concerning Reassignment)
"Telecommunications services prescribed by Ordinance of the Ministry of Information and Communications" in Article 3 of the Addenda to the partially amended provisions of the Radio Waves Act (Act No. 7815) means telecommunications services provided after being assigned any of the following radio frequencies, which are publicly announced pursuant to Article 10 (1) 1 of the Act: <Amended by Presidential Decree No. 20853, Jun. 20, 2008>
1. Mobile communications (cellular);
2. Mobile communications (PCS).
Article 7 (Relationship with other Statutes)
Where the former provisions of the Enforcement Decree of the Radio Waves Act or the Enforcement Rule of the Radio Waves Act is cited by other statutes as at the time this Decree enters into force, this Decree or relevant provisions of this Decree shall be deemed cited in lieu of the former provisions if the provisions corresponding thereto exist in this Decree.
ADDENDUM <Presidential Decree No. 20853, Jun. 20, 2008>
This Decree shall enter into force on June 22, 2008.
ADDENDA <Presidential Decree No. 20896, Jul. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21161, Dec. 9, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 14, 2008.
Article 2 (Applicability)
In the case of a radio station to which the amended provisions of Article 36 (1) 2 applies among radio stations falling under the former Article 36 (1) 3 as at the time this Decree enters into force, the term of validity of authorization to establish radio stations under the amended provisions of Article 36 (1) 2 shall apply.
Article 3 (Transitional Measures)
Portable radio equipment (excluding where it is installed in a moving object, such as an automobile, ship, etc.) among radio facilities for a mobile station or land mobile station established by a person who establishes a land station, base station, or mobile relay station to communicate with the relevant radio station among radio stations for which authorization is obtained pursuant to Article 19 (1) of the Act as at the time this Decree enters into force shall be deemed a radio station established after reporting done pursuant to the amended provisions of Article 21 (1) 3.
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21719, Sep. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21807, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22310, Jul. 26, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 105 and attached Tables 15 and 16 shall enter into force on January 1, 2011.
Article 2 (Applicability to Notification of Conclusion of Use Contracts and Calculation of Number of Subscribers)
The amended provisions of subparagraph 4 of Article 23 and the latter part of subparagraph 2 of attached Table 8 shall apply beginning with the first subscriber suspended from using a radio station in the quarter in which the date of enforcement of this Decree falls.
Article 3 (Applicability to Term of Validity of Authorization for Broadcasting Stations)
The amended provisions of Article 36 (1) 2-2 and paragraph (4) of the same Article shall apply beginning with the first broadcasting station which receives authorization (including renewal of authorization) after this Decree enters into force.
Article 4 (Applicability to Exemption from and Reduction of Spectrum Usage Fees)
The amended provisions of Article 89 (1) 4 and 7 and attached Table 7 shall apply from spectrum usage fees for the quarter in which the date this Decree enters into force falls.
Article 5 (Transitional Measures concerning Administrative Dispositions)
The former provisions shall apply to the standards for imposing administrative dispositions (including penalty surcharges) for violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Nov. 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22605, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011: Provided, That the amended provisions of Articles 9, 10 (2), 14 (2) and 15-2 shall enter into force on January 1, 2011.
Article 2 (Applicability to Deadline for Re-Inspection)
The amended provisions of Article 43-2 shall apply beginning with the first person notified of the result of a completion inspection after this Decree enters into force: Provided, That where a person is notified of the result of the inspection upon completion of construction before this Decree enters into force, he/she shall receive a re-inspection by no later than the deadline for the completion inspection recorded on the certificate of authorization.
Article 3 (Applicability to Term of Validity and Time of Regular Inspections)
The amended provisions of proviso to Article 44 (1) 4 and Article 45 (1) 2 shall apply beginning with the first radio station that has to receive a regular inspection as the establishment of the radio station is authorized or reported, or has to receive a regular inspection again as the term of validity of regular inspection pursuant to the former provisions expires.
Article 4 (Applicability to Spectrum Usage Fees)
The amended provisions of Article 89 (2) 1 and attached Tables 8 through 10 and 11-2 shall apply from a spectrum usage fee for the quarter in which the date this Decree enters into force falls.
Article 5 (Applicability to Fees for Re-Issuance)
The amended provisions of Article 100 shall apply beginning with the first person who applied for the re-issuance of a certificate of authorization for a radio station or for the re-issuance of a certificate of reporting after this Decree enters into force.
Article 6 (Transitional Measures concerning Period to Apply for Reassignment)
Where the period of use of frequency expires within six months as at the time this Decree enters into force, the former provisions shall apply notwithstanding the amended provisions of Article 18 (1).
Article 7 (Transitional Measures concerning Low-Power Broadcasting Stations)
(1) A low-power broadcasting station that obtains authorization for its establishment pursuant to the former provisions as at the time this Decree enters into force shall be deemed a community radio station authorized pursuant to the former provisions of proviso to Article 36 (1) 2-2.
(2) The term of validity of authorization for a low-power broadcasting station authorized as a community radio station pursuant to paragraph (1) shall be three years, notwithstanding the former provisions.
(3) The amended provisions of Article 57 (2) 3 shall apply beginning with the first community radio station established after this Decree enters into force.
Article 8 (Transitional Measures concerning Recognition of and Reporting on Succession to Authorization)
Where an application for recognition of succession to authorization or procedures for reporting on succession to authorization are underway pursuant to the former provisions as at the time this Decree enters into force, an application for recognition of the status of authorized person and procedures for reporting under Articles 40 and 41 (2) shall be deemed underway.
Article 9 (Transitional Measures concerning Certificates of Inspection)
A certificate of inspection issued pursuant to the former provisions as at the time this Decree enters into force shall be deemed a certificate of regular inspection issued pursuant to Article 45 (4).
Article 10 (Transitional Measures concerning Standards for Imposing Administrative Dispositions)
(1) The former provisions shall apply to violations committed before this Decree enters into force, in applying administrative dispositions thereto, notwithstanding the amended provisions of attached Tables 22-2 and 23 through 26.
(2) Administration dispositions imposed for a violation committed before this Decree enters into force shall be counted in the number of violations under the amended provisions of attached Tables 22-2 and 23 through 26.
Article 11 (Transitional Measures concerning Delegation and Entrustment of Authority)
Where administrative dispositions are underway on a changed part of duties delegated or entrusted pursuant to the amended provisions of Article 123 as at the time this Decree enters into force, the former provisions shall apply, notwithstanding such amended provisions.
Article 12 (Transitional Measures concerning Standards for Imposition of Administrative Fines)
(1) The former provisions shall apply to administrative fines for a violation committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 28.
(2) Administrative dispositions of an administrative fine imposed for a violation committed before this Decree enters into force shall be included in the number of violations under the amended provisions of attached Table 28.
Article 13 Omitted.
ADDENDA <Presidential Decree No. 22771, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Penalty Surcharges)
The amended provisions of proviso to Article 92 shall apply beginning with the first spectrum usage fee falling into arrears as the payment deadline for spectrum usage fee expires after this Decree enters into force.
Article 3 (Applicability to Determination of Fees)
The amended provisions of Article 99 (2) shall apply beginning with the first fee determined after this Decree enters into force.
ADDENDA <Presidential Decree No. 23082, Aug. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
Matters changing the deadline for the public announcement of examinations, etc. among this Decree shall apply beginning with the first examination conducted after January 1, 2013.
ADDENDA <Presidential Decree No. 24198, Nov. 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 123 shall enter into force on January 1, 2013, and the amended provisions of attached Table 28 shall enter into force on November 24, 2012.
Article 2 (Applicability to Radio Stations that can be Established after Reporting)
The amended provisions of Article 24 (1) 4 shall apply to a general earth station of which transmission, such as radio frequencies, output power, type of radio waves, etc., is controlled by another general earth station after this Decree enters into force.
Article 3 (Applicability to Exemption from and Reduction of Spectrum Usage Fees)
The amended provisions of proviso to Article 90 (1), subparagraph 2 of note to subparagraph 3 of attached Table 8 and attached Table 10 shall apply to a spectrum usage fee for a quarter in which the date this Decree enters into force falls.
Article 4 (Transitional Measures concerning Exempted Subjects of Technical Qualification Examination for Amateur Radio Operators)
Where a person holding a certificate of radio communication technician as at the time this Decree enters into force sits for a technical qualification examination for first-class amateur radio operator, the former provisions shall apply, notwithstanding the amended provisions of attached Table 16.
Article 5 (Transitional Measures concerning Integration of Certification Types of Operators)
A person who obtains a certificate of an operator in the left column of the following Table shall be deemed to have obtained a certificate of an operator in the right column of the same Table on the date this Decree enters into force:
Radio communications expert
Radio electronic expert
Telecommunication expert
Radio communications industrial engineer
Radio electronic industrial engineer
Telecommunication industrial engineer
Radio communications technician
Radio electronic technician
Telecommunication technician
ADDENDUM <Presidential Decree No. 24476, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25561, Aug. 27, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Articles 42-2 (1) and (2), and 45 (2), (4), and (5) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Sampling Inspections and Occasional Inspections)
The amended provisions of Articles 42-2 (1) and (2) and 45 (1) 1 and (5) shall also apply to a radio station, the completion of construction of which is reported during the period for sample collection in which the enforcement date referred to in the proviso to Article 1 of the Addenda falls.
Article 3 (Applicability to Fees)
(1) The amended provisions of the proviso to Article 97 (2) shall also apply to a radio station, the completion of construction of which has been reported or a regular inspection or temporary inspection of which has been notified before this Decree enters into force and undergoes a completion inspection, a regular inspection or occasional inspection after this Decree enters into force.
(2) The amended provisions of the notes to attached Table 13 shall also apply to a radio station, the completion of construction of which has been reported before this Decree enters into force and which undergoes a completion inspection after this Decree enters into force.
ADDENDA <Presidential Decree No. 25795, Dec. 3, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 4, 2014.
Article 2 (Applicability to Filing Applications for Authorization to Establish Radio Stations)
The amended provisions of Articles 31 (1) 3 and (3) 4 through 7 shall apply beginning with the first application for authorization to establish a radio station filed after this Decree enters into force.
Article 3 (Applicability to Fees for Measuring Electromagnetic Field Strength of Radio Stations)
The amended provisions of Article 98 shall also apply to a radio station in the case of which a request for measuring the electromagnetic field strength has been requested before this Decree enters into force and the measurement thereof is conducted after this Decree enters into force.
Article 4 (Applicability to Standards for Calculation of Spectrum Usage Fees)
The amended provisions of attached Table 10 shall apply to the collection of spectrum usage fees for the quarter in which October 2014 falls pursuant to attached Table 11-2.
ADDENDUM <Presidential Decree No. 26533, Sep. 22, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27232, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 (Applicability to Application for Approval to Establish Radio Stations or to Make Any Change thereto)
The amended provisions of Article 31 (2) and (4) shall begin to apply from applications for approval to establish a radio station or to make any change thereto filed after this Decree enters into force.
Article 3 (Applicability to Exemption, etc. from Completion Inspections)
The amended provisions of Article 45-2 (1) and (2) shall begin to apply from cases where a completion report prescribed in Article 24 (1) of the Act is filed after this Decree enters into force.
Article 4 (Applicability to Timing of Reporting Electromagnetic Field Strength)
The amended provisions of subparagraphs 1 and 2 of Article 66 shall begin to apply from cases where a certificate of the inspection upon completion of construction or a certificate of inspection is obtained after this Decree enters into force.
Article 5 (Applicability to Timing of Implementing Conformity Assessment)
The amended provisions of Article 77-6 (4) shall begin to apply from persons who obtains interim certification after this Decree enters into force.
Article 6 (Applicability to Methods of Technical Qualification Examinations, Subjects of Examinations for Each Type of Technical Qualifications, etc.)
The amended provisions of Article 105 (1) and attached Table 15 shall begin to apply from technical qualification examinations conducted on or after January 1, 2017.
Article 7 (Transitional Measures concerning Radio Stations That May be Established After Reporting)
Portable radio equipment among radio facilities for mobile stations or land mobile stations, for which the application for approval of establishment has been made as at the time this Decree enters into force, shall be deemed a radio station that may be established after reporting under the amended provisions of Article 24 (1) 3.
Article 8 (Transitional Measures concerning Standards for Qualification and Placement of Fixed Number of Operators of Ship Stations)
Where any ship station established and being operated as at the time this Decree enters into force fails to meet the standards for the qualification and placement of a fixed number of operators prescribed in the amended provisions of attached Tables 20 and 21, it shall ensure its compliance with the standards for the qualification and placement of a fixed number of operators prescribed in the amended provisions of attached Tables 20 and 21 by July 1, 2017.
Article 9 Omitted.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 14 Omitted.
Article 15 (Transitional Measures concerning Amendment to the Enforcement Decree of the Radio Waves Act)
Notwithstanding the amended provisions of Article 36 (1) 2-2, the former provisions shall apply to the term of validity of authorization to establish a community radio broadcasting station established before this Decree enters into force.
ADDENDUM <Presidential Decree No. 27478, Sep. 5, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27800, Jan. 24, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Spectrum Usage fees)
The amended provisions of Article 90 (2) 1 and subparagraphs 4 and 5 of attached Table 9 shall apply starting with spectrum usage fees for the quarter during which this Decree enters into force.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 28265, Sep. 5, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28464, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Timing for Reporting Electromagnetic Field Strength)
The amended provisions of the proviso to subparagraph 1 of Article 66 shall apply beginning with the first person who applies for authorization to establish a radio station after this Decree enters into force.
Article 3 (Applicability to Spectrum Usage Fees)
The amended provisions of attached Table 7 shall apply beginning with the first spectrum usage fee for the quarter in which the enforcement date of this Decree falls.