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ENFORCEMENT DECREE OF THE INTERNET MULTIMEDIA BROADCAST SERVICES ACT

Presidential Decree No. 20968, Aug. 12, 2008

Amended by Presidential Decree No. 21890, Dec. 15, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22424, Oct. 1, 2010

Presidential Decree No. 22550, Dec. 27, 2010

Presidential Decree No. 23514, Jan. 13, 2012

Presidential Decree No. 24445, Mar. 23, 2013

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25794, Dec. 3, 2014

Presidential Decree No. 26324, jun. 22, 2015

Presidential Decree No. 28210, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by Internet Multimedia Broadcast Services Act and matters necessary for the enforcement thereof.
 Article 2 (Permission for Business Providing Internet Multimedia Broadcast Services)
(1) “Other matters prescribed by Presidential Decree” in Article 4 (3) 5 of the Internet Multimedia Broadcast Services Act (hereinafter referred to as the “Act”) means the following matters:
1. Articles of the incorporation (excluding a corporation in the process of incorporation);
2. Documents relevant to the corporation planned to be incorporated or in the process of incorporation (applicable only to a corporation in the process of incorporation);
3. Documents regarding the ownership of stocks or shares of the corporation.
(2) Upon receipt of an application under Article 4 (3) of the Act, the Minister of Science and ICT shall verify the certified transcript of the relevant corporate register by sharing administrative information under Article 36 (1) of the Electronic Government Act (excluding cases where the corporation is still in the process of incorporation). <Amended by Presidential Decree No. 21890, Dec. 15, 2009; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Upon receipt of an application for permission under Article 4 (3) of the Act, the Minister of Science and ICT shall examine the matters specified in Article 4 (4) of the Act to make a decision on whether to grant the permission and shall issue a permit for business providing Internet multimedia broadcast services, if he/she decides to grant the permission. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) The points distributed to each item subject to examination under Article 4 (4) of the Act are as prescribed in Table 1 attached hereto.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), a detailed procedure and method necessary for the permission of business providing Internet multimedia broadcast services, the sub-items subject to examination, methods of examination and other necessary matters shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 3 (Effective Period of Permit)
The effective period of a permit for business providing Internet multimedia broadcast services under Article 5 of the Act shall be five years. <Amended by Presidential Decree No. 21890, Dec. 15, 2009>
 Article 4 (Renewal of Permit)
(1) If an Internet multimedia broadcast service provider intends to have its permit renewed under Article 5-2 of the Act, it shall file an application therefor, including the matters specified in Article 4 (3) of the Act, with the Minister of Science and ICT by not later than three months before the expiration of the effective period of the permit, along with a report on business performance and a copy of the permit for business providing Internet multimedia broadcast services. <Amended by Presidential Decree No. 21890, Dec. 15, 2009; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) A detailed procedure and method for renewal of permit under paragraph (1), the sub-items subject to examination, methods of examination, and other necessary matters shall be prescribed and announced by the Minister of Science and ICT. <Newly Inserted by Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 5 (Period for Commencement of Nationwide Services)
(1) “A period prescribed by Presidential Decree” in the main body of Article 6 (2) of the Act means three years. <Amended by Presidential Decree No. 21890, Dec. 15, 2009>
(2) “A period prescribed by Presidential Decree” in the proviso to Article 6 (2) of the Act means one year. <Amended by Presidential Decree No. 21890, Dec. 15, 2009>
 Article 6 (Prohibition of Concurrent Operation, etc.)
(1) Article 3 (1) 2 and (2) (excluding subparagraph 1) through (4) of the Enforcement Decree of the Broadcasting Act shall apply to the specially related parties specified by Presidential Decree pursuant to Article 8 (2) and (3) of the Act.
(2) “Criteria prescribed by Presidential Decree” in Article 8 (3) of the Act means, among the conglomerates designated as subject to the restriction on mutual investment under Article 14 of the Monopoly Regulation and Fair Trade Act, a conglomerate whose total assets are at least ten trillion won as of the date of such designation.
 Article 7 Deleted. <by Presidential Decree No. 25794, Dec. 3, 2014>
 Article 8 (Encouragement of Fair Competition)
(1) In order to prevent the control over another business from being extended unfairly to business providing Internet multimedia broadcast services under Article 12 (1) of the Act, the relevant Internet multimedia broadcast service provider shall separate accounts of business providing Internet multimedia broadcast services from those of another business for separate accounting, as determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Each Internet multimedia broadcast service provider shall submit a business report, including matters regarding the accounts under paragraph (1), to the Minister of Science and ICT within three months after the end of each fiscal year and shall keep relevant accounting books and supporting materials. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) The Minister of Science and ICT shall verify the details of the business report submitted pursuant to paragraph (2). <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) The Minister of Science and ICT may request an Internet multimedia broadcast service provider to submit data necessary for verification under paragraph (3) or may conduct inspections necessary for the ascertainment of facts. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Articles 9 and 10 Deleted. <by Presidential Decree No. 23514, Jan. 13, 2012>
 Article 11 (Policies for Creation of Environment for Fair Competition)
The Minister of Science and ICT shall formulate and implement policies for the efficient establishment of a competition system and the creation of an environment for fair competition for business providing Internet multimedia broadcast services, based on the outcomes of the evaluation of competitions. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 11-2 (Count of Subscribers to Paid Broadcast Services)
(1) The number of broadcast service providers (hereinafter referred to as “paid broadcast service providers”) under each subparagraph of Article 13 (1) of the Act shall be deemed to equal the number of terminal equipment (referring to devices transmitting signals sent from paid broadcast service providers to television receivers of subscribers; hereinafter the same shall apply) upon which contracts for broadcast service have been concluded with the relevant service provider. For the subscribers given no terminal equipment, the number thereof shall be deemed to equal the number of interfaces (referring to interface points connected to television receivers to enable reception of signals transmitted from paid broadcast service providers; hereinafter the same shall apply) upon which contracts have been concluded.
(2) Notwithstanding paragraph (1), the count of subscribers shall not include the number of terminal equipment or interfaces upon which paid broadcast service providers have concluded contracts to provide services free of charge for non-business purposes such as the promotion of the convenience or welfare of the socially underprivileged.
[This Article Newly Inserted by Presidential Decree No. 26324, Jun. 22, 2015]
 Article 11-3 (Verification of Number of Subscribers to Paid Broadcast Services)
(1) Paid broadcast service providers shall submit a monthly report on the current status of their subscribers counted under Article 11-2 to the Minister of Science and ICT within two months after the end of every month. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT shall verify the number of subscribers to confirm the accuracy of the data submitted under paragraph (1) and to determine the number of subscribers. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) The verification under paragraph (2) shall be conducted by document review, on-site inspection, sample examination, or other methods prescribed and notified by Presidential Decree. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) The Minister of Science and ICT shall conduct verification under paragraphs (2) and (3) and finalize the verification result after a deliberation thereon by an expert council composed of experts on paid broadcast services, etc. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(5) Matters necessary for the composition and operation of an expert council under paragraph (4) shall be determined and notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(6) The verification under paragraphs (2) through (4) shall be completed within four months from the end of every sixth months, based on the monthly reports on the current status submitted over half a year under paragraph (1).
(7) The Minister of Science and ICT shall notify paid broadcast service providers of the verification result finalized under paragraph (4). <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(8) Where a paid broadcast service provider has any objection to the verification result notified under paragraph (7), he/she may file an objection to the Minister of Science and ICT within seven days after receipt of the notice. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(9) Where the Minister of Science and ICT deems the objection is well-grounded, he/she shall conduct a re-verification. In such cases, paragraphs (2) through (4) shall apply mutatis mutandis to methods and procedures of re-verification. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(10) A re-verification under paragraph (9) shall be conducted only once and completed within one month from the date such objection is filed pursuant to paragraph (8).
[This Article Newly Inserted by Presidential Decree No. 26324, Jun. 22, 2015]
 Article 11-4 (Standards for Corrective Order on Internet Multimedia Broadcast Service Providers)
The Minister of Science and ICT may order correction under Article 13 (2) of the Act to a certain Internet Multimedia Broadcast Service Provider, based on the monthly average number of subscribers computed on a semi-annual basis which is conclusively verified pursuant to Article 11-3. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 26324, Jun. 22, 2015]
 Article 12 (Equal Provision of Telecommunications Facilities)
(1) Essential telecommunications facilities referred to in Article 14 (1) of the Act mean such facilities necessary for the relevant business providing Internet multimedia broadcast services that, if a request for access to, or use of, such facilities by a person who intends to operate a business providing Internet multimedia broadcast services pursuant to Article 14 (1) of the Act is denied and consequently the person installs its own facilities or uses other business operator’s alternative facilities, it is practically impossible to expect fair competition because of a significant loss of competitiveness in the market.
(2) Telecommunications facilities under paragraph (1) may be divided into wiring facilities, including digital subscribers’ networks, and infrastructure, including poles, conduit lines and telecommunications equipment, and further details of such facilities shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) A reasonable and justifiable ground for refusing to provide telecommunications facilities under Article 14 (1) of the Act means any of the following cases:
1. Where facilities connected to telecommunications facilities under paragraph (1) do not conform to technical standards or national standards;
2. Where re-designing or altering telecommunications facilities is necessary to such an extent that, if telecommunications facilities are provided, differences in technological methods, etc. may lead to a significant loss or trouble in the operation of the business that uses such facilities;
3. Where providing telecommunications facilities is likely to pose a signifiant impediment in providing services with the telecommunications facilities;
4. Where facilities or the capacity of the facilities is inadequate to provide the facilities to other business operators;
5. Where there is a reasonable ground to deny such a request in order to protect the trade secret of the relevant Internet multimedia broadcast service provider;
6. Where it is possible to prove objectively that there is a plan for a project for improving the facilities or for the relocation of the facilities within one year from the date on which the access to, and the use of, the telecommunications facilities are requested.
(4) A reasonable and justifiable ground for the suspension or restriction of the provision of telecommunications facilities under Article 14 (2) of the Act means any of the following cases:
1. A case referred to in paragraph (3) 1 through 3;
2. A technical interference caused by hacking, a computer virus, etc.;
3. Temporary or permanent closure of business;
4. Where it is impracticable to operate the facilities in normal conditions due to a natural disaster.
(5) A person who intends to request to permit the access to, and the use of, telecommunications facilities pursuant to Article 14 (1) of the Act (hereinafter referred to as “requesting service provider”) shall make a written request to the Internet multimedia broadcast service provider who owns the telecommunications facilities, describing the section, place, kinds, specifications, period of use, purposes of use, etc. of telecommunications facilities.
(6) Upon receipt of a request under paragraph (5), an Internet multimedia broadcast service provider shall notify the requesting service provider of whether and when it will be able to provide the relevant telecommunications facilities, etc. within 15 days from the date of request. In such cases, if it is unable to provide telecommunications facilities on the ground specified in any subparagraph of paragraph (3), it shall give a written notice of the ground therefor.
(7) If an Internet multimedia broadcast service provider notifies the requesting service provider that it is able to provide telecommunications facilities pursuant to the former part of paragraph (6) at the request made pursuant to paragraph (5), it shall sign a contract thereon with the requesting service provider within 45 days from the date of request and shall provide the facilities within 30 days from the signing date of the contract.
(8) The price for the use of telecommunications facilities under Article 14 (4) of the Act may be stipulated by an agreement between the service providers involved, based on the cost of the telecommunications facilities provided. In such cases, the cost shall be computed in a reasonable and fair manner, based on the depreciation cost, invested repair cost, and operating expenses for the relevant telecommunications facilities.
(9) Except as otherwise expressly provided for in paragraphs (1) through (8), matters necessary for the equal provision of telecommunications facilities shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 13 (Penalty Surcharges)
(1) “Sales” in the main body of Article 17 (2) of the Act means the average annual sales of the relevant Internet multimedia broadcast service provider during three business years immediately preceding its commencement of business providing Internet multimedia broadcast services: Provided, That, if three years have not passed since the commencement of the business as of the first day of the pertinent business year, the term means an amount calculated by converting the sales until the end of the immediately preceding business year after the commencement of the business into the average annual sales or an amount calculated by converting the sales during the period from the commencement date of the business until the date it commits the relevant violation into the annual sales, if it commenced the business during the pertinent business year.
(2) The types of violation subject to the imposition of penalty surcharges under Article 17 (2) of the Act, the maximum amount of a penalty surcharge for each type of violation, and the guidelines for calculation shall be as prescribed in Table 2 attached hereto.
(3) “Cases prescribed by Presidential Decree, where sales are non-existent or indeterminate” in the proviso to Article 17 (2) of the Act means any of the following cases:
1. Where a service provider has not commenced the business yet or there is no record of business performance because of the suspension of business or any other cause;
2. Where data for the calculation of sales have been destroyed or obliterated due to a natural disaster or any similar event and so it is impracticable to calculate sales objectively.
 Article 14 (Imposition and Payment of Penalty Surcharges)
(1) When the Korea Communications Commission intends to impose a penalty surcharge under Article 17 (2) of the Act, it shall investigate and ascertain the relevant violation and shall give a written notice to the person subject to the imposition of the penalty surcharge, cleary stating the facts regarding the violation, the amount imposed, the method of filing an objection, the period given for filing an objection, etc.
(2) A person who receives a notice under paragraph (1) shall pay the penalty surcharge to the receiving agency designated by the Korea Communications Commission within 20 days from the date the notice is delivered: Provided, That, if it is impracticable to pay the penalty surcharge within the period due to a natural disaster or any other event beyond his/her control, the penalty surcharge shall be paid within seven days after such event ceases to exist.
(3) The receiving agency that receives a penalty surcharge under paragraph (2) shall issue a receipt to the person who pays the penalty surcharge.
(4) Upon receipt of a penalty surcharge under paragraph (2), the agency receiving penalty surcharges shall notify the Korea Communications Commission thereof without delay.
 Article 15 (Types of Prohibited Acts and Criteria therefor)
(1) The types of prohibited acts and the criteria therefor under Article 17 (1) of the Act shall be as prescribed in Table 3 attached hereto.
(2) The Korea Communications Commission may determine and publicly announce detailed guidelines for the types and criteria under paragraph (1).
 Article 16 (Persons Subject to Reporting and Registration of Content Services)
(1) Any of the following persons, pursuant to the main body of Article 18 (2) of the Act (excluding a person who falls under paragraph (2) or the proviso to Article 18 (2) of the Act) shall file a report on Internet multimedia broadcast content services, with the Minister of Science and ICT: <Amended by Presidential Decree No. 22424, Oct. 1, 2010; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. and 2. Deleted; <by Presidential Decree No. 25794, Dec. 3, 2014>
3. A person who intends to provide content to an Internet multimedia broadcast service provider, who conducts business producing and providing content in accordance with the provisions of any other Act, and who produces and provides contents.
(2) Any of the following persons, pursuant to the main body of Article 18 (2) of the Act shall register Internet multimedia broadcast content services with the Minister of Science and ICT: <Amended by Presidential Decree No. 22424, Oct. 1, 2010; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. A broadcasting business operator under subparagraph 3 of Article 2 of the Broadcasting Act who intends to provide any content other than that permitted, registered, or approved under the Broadcasting Act (limited to content only for channels directly used, in cases of cable television broadcasting business operators and satellite broadcasting business operators) to an Internet multimedia broadcast service provider in the form of a real-time broadcast program;
2. A person who intends to provide contents to an Internet multimedia broadcast service provider in the form of a real-time broadcast program, as a value-added service provider who has reported to the Minister of Science and ICT pursuant to Article 22 of the Telecommunications Business Act;
3. A person who intends to provide content to an Internet multimedia broadcast service provider in the form of real-time broadcast program, who conducts business producing and providing contents in accordance with the provisions of any other Act, and who produces and provides content.
 Article 17 (Procedures for Reporting or Registration of Content Services)
(1) A person who intends to report its business providing content for Internet multimedia broadcast services in accordance with Article 16 (1) shall file a report on business providing content for Internet multimedia broadcast services, describing the following matters, with the Minister of Science and ICT: <Amended by Presidential Decree No. 21890, Dec. 15, 2009; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. The business operator’s name;
2. The representative’s name;
3. The product or service name;
4. The category of the content provided;
4-2. The person responsible for real-time broadcast programming;
5. The principal place of business and the location of major facilities;
6. The paid-in capital (applicable only to corporations);
7. A list of stockholders or investors who own at least 5/100 of total outstanding stocks or shares, respectively (applicable only to corporations);
8. A statement of the current holdings of stocks held by foreigners under Article 9 of the Act and relevant certificates (applicable only to corporations);
9. Documents certifying that the person conducts business producing and providing contents in accordance with the provisions of any other Act under Article 16 (1) 3 or who produces and provides content.
(2) Upon receipt of a report on business providing content for Internet multimedia broadcast services under paragraph (1), the Minister of Science and ICT shall issue a certificate of reporting the business providing content for Internet multimedia broadcast services to the relevant reporter. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Deleted. <by Presidential Decree No. 25794, Dec. 3, 2014>
(4) Article 8 (1) and (2) of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the registration of business providing content for Internet multimedia broadcast services under Article 16 (2). <Amended by Presidential Decree No. 21890, Dec. 15, 2009>
(5) Deleted. <by Presidential Decree No. 25794, Dec. 3, 2014>
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), a detailed procedure and method necessary for the reporting or registration of business providing content for Internet multimedia broadcast services shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 21890, Dec. 15, 2009; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 17-2 (Procedures for Reporting of Changes or Registration of Changes in Content Services)
(1) Where an Internet multimedia broadcast content provider who has filed a report with the Minister of Science and ICT pursuant to Article 16 (1) changes any reported matter under the subparagraphs of Article 17 (1), he/she shall file a report on such change with the Minister of Science and ICT within seven days from the date he/she changes any matter: Provided, That where he/she has changed any matters under Article 17 (1) 7 or 8, he/she shall file a report on such changed matters based on the end of that year with the Minister of Science and ICT by March 31 of the following year. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) Notwithstanding paragraph (1), where an Internet multimedia broadcast content provider who has filed a report with Minister of Science and ICT intends to change the following matters in relation to the provisions of Article 17 (1) 6 through 8, he/she shall file a report on changes with the Minister of Science and ICT within a period prescribed by the Enforcement Decree of the Broadcasting Act by applying Article 15-2 (1), (2) and (6) of the aforesaid Decree: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. The largest investor in the relevant content provider (referring to the largest holder of voting shares or equity based on the percentage of shares or equity owned by the investor and his/her related parties in the relevant content provider; hereinafter the same shall apply);
2. A person who substantially controls the management rights.
(3) An Internet multimedia broadcast content provider registered with the Minister of Science and ICT pursuant to Article 16 (2) changes matters under Article 8 (1) 1, 2, 3 (only applicable to paid-in capital), 5, 6, and 7 of the Enforcement Decree of the Broadcasting Act applied mutatis mutandis pursuant to Article 17 (4), he/she shall file a report on any change with the Minister of Science and ICT within seven days from the date he/she changes such matters (where he/she changes matters under subparagraph 5 of the aforesaid paragraph, by March 31 of the following year based on the end of that year), and where he/she intends to amend Article 8 (1) 4 of the Enforcement Decree of the Broadcasting Act, he/she shall register such change with the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Notwithstanding paragraph (3), where an Internet multimedia broadcast content provider registered with the Minister of Science and ICT intends to change any of the following matters in relation to Article 8 (1) of the Enforcement Decree of the Broadcasting Act, he/she shall report or register such change according to the following classification. In such cases, Article 15-2 (1), (2) and (6) of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the period of reporting of change and registration of change: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
1. The largest investor in the relevant content provider: Reporting change;
2. Person who substantially controls the management rights: Reporting of change;
3. Merger and division of the relevant corporation: Registration of change.
(5) A person who falls under the subparagraphs of Article 18 (3) of the Act falls under any of the following, he/she shall be deemed to have reported or registered any change under the provisions of paragraphs (1) through 4:
1. Where he/she has reported or registered any change pursuant to Articles 15 and 15-2 of the Broadcasting Act;
2. Where he/she has reported any change under Article 23 of the Telecommunications Business Act.
(6) In addition to matters provided in paragraphs (1) through (5), the Minister of Science and ICT shall prescribe and announce a detailed procedure and method necessary for Internet multimedia broadcast content providers to report or register any change. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25794, Dec. 3, 2014]
 Article 18 (Procedure for Approval of Contents Services)
(1) Each person who intends to obtain approval of Internet multimedia broadcast content services pursuant to the proviso to Article 18 (2) of the Act (excluding a person who has obtained approval of business using broadcasting channel under the proviso to Article 9 (5) of the Broadcasting Act, who falls under the subparagrapsh of Article 18 (3) of the Act) shall state matters under the subparagraphs of Article 17 (1) in an application for approval of Internet multimedia broadcast contents services and submit such application according to the following classification. In such cases, Article 10 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the approval thereof: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. A person who intends to provide content specially programmed for reports or contents generally programmed for various fields, including reports, educational programs, and entertainment, to Internet multimedia broadcast service providers: The Korea Communications Commission;
2. A person who intends to provide content specially programmed for the introduction and sales of commodities to Internet multimedia broadcast service providers: The Minister of Science and ICT.
(2) When a provider of content for Internet multimedia broadcast services intends to change any of the following matters already approved, he/she shall file an application for approval for the change in his/her business providing content for Internet multimedia broadcast services with the Minister of Science and ICT or the Korea Communications Commission, but when such person intends to change a matter specified in any subparagraph of Article 17 (1) (excluding subparagraph 4), he/she shall file a report thereon to the Korea Communications Commission within seven days from the date of change. In such cases, Article 15-2 (1) and (2) of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the approval of a change under subparagraph 2 or 3: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Article 17 (1) 4;
2. The largest investor in the relevant contents services;
3. A person who exercises de facto control over the business.
(3) Notwithstanding paragraph (2), where a person who has obtained approval of business using a broadcasting channel under the proviso to Article 9 (5) of the Broadcasting Act, who falls under the subparagrapsh of Article 18 (3) of the Act, obtains approval of any change or files a report of any change pursuant to Articles 15 and 15-2 of the Broadcasting Act, he/she shall be deemed to have obtained approval of any change or filed a report of change under paragraph (2). <Newly Inserted by Presidential Decree No. 25794, Dec. 3, 2014>
(4) Where the Minister of Science and ICT or the Korea Communications Commission receives an application for approval or application for approval of any change pursuant to the main body of paragraph (1) and the former part of paragraph (2), he/she or the Commission shall determine whether to approve such application and shall notify the applicant of the result thereof within 30 days from the date he/she or the Commission receives the application. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), the Minister of Science and ICT or the Korea Communications Commission shall prescribe and announce detailed procedures and methods necessary for approval and approval of any change, sub-items subject to examination, methods of examination, and other necessary matters based on respective affairs falling under his/her or its jurisdiction. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 19 (Equal Access to Content)
Pursuant to Article 20 (1) of the Act, the Minister of Science and ICT shall publicly announce major broadcast programs, out of real-time broadcast programs provided by a content provider for Internet multimedia broadcast services, in accordance with the following standards: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Whether the viewer rate or share of viewing of the relevant real-time broadcast program is not lower than the rate specified by the Minister of Science and ICT;
2. Public benefit of the relevant real-time broadcast program;
3. Whether the competitiveness of an Internet multimedia broadcast service provider is likely to be severely weakened, thus potentially undermining a fair competition with other service providers, if the access to, or the use or transactions of, the relevant real-time broadcast program is denied, suspended, or restricted.
 Article 20 (Application Mutatis Mutandis of the Enforcement Decree of the Broadcasting Act)
(1) Articles 21 and 66-2 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the review on content of the real-time broadcast programs provided by Internet multimedia broadcast content providers. In such cases, the term “broadcasting business operator, relay cable broadcasting business operator, or electronic signboard broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main body of and the proviso to Article 18 (2) of the Act”. <Amended by Presidential Decree No. 25794, Dec. 3, 2014>
(2) Articles 53 (1) 2, (2) 2 (excluding items (a) and (b)), (3), and (4) and 54 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the composition and operation of units of the real-time broadcast programs provided by Internet multimedia broadcast content providers in accordance with the following classification:
1. “Required to operate at least 70 channels” in Article 53 (1) 2 (a) of the Enforcement Decree of the Broadcasting Act shall be construed as “required to operate at least 70 channels (limited to cases where the number of units of the real-time broadcast programs provided by all Internet multimedia broadcast content providers that operate TV broadcasting channels is at least the number specified above)";
2. “Program providers” in Article 53 (1) 2 (b) and (c) of the Enforcement Decree of the Broadcasting Act shall be construed as “program providers (limited to cases where they are Internet multimedia broadcast content providers)";
3. “If the total number of TV broadcasting channels exceeds 20/100 (excluding satellite mobile multimedia broadcasting business operators)” in Article 53 (2) 2 (e) of the Enforcement Decree of the Broadcasting Act shall be construed as “if the total number of TV broadcasting channels exceeds 20/100 (excluding satellite mobile multimedia broadcasting business operators; limited to cases where the number of units of the real-time broadcast programs provided by all Internet multimedia broadcast content providers that operate TV broadcasting channels is at least 70 channels)";
4. “Channels for the public and channels for religious missionary work” in Article 54 (1) of the Enforcement Decree of the Broadcasting Act shall be construed as “channels for the public and channels for religious missionary work (limited to real-time broadcast programs provided by Internet multimedia broadcast content providers.)”.
(3) Articles 50 through 52 and 52-2 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the programming of broadcast programs of Internet multimedia broadcast content providers, and Article 50 (4) 1 (c) of the Enforcement Decree of the Broadcasting Act shall mutatis mutandis to the specialized programming of broadcast programs provided by Internet multimedia broadcast content providers who have been registered or approved in accordance with Article 16 (2) or the proviso to Article 18 (1). In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main body of and the proviso to Article 18 (2) of the Act”. <Amended by Presidential Decree No. 25794, Dec. 3, 2014>
(4) Article 57 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the programming of domestic broadcast programs of Internet multimedia broadcast content providers, and Article 57 (1) 3 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the ratio of domestic broadcast programs provided by Internet multimedia broadcast content providers who have been registered or approved in accordance with Article 16 (2) or the proviso to Article 18 (1). In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main body of and the proviso to Article 18 (2) of the Act”. <Amended by Presidential Decree No. 25794, Dec. 3, 2014>
(5) Article 58 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the programming of broadcast programs outsourced by Internet multimedia broadcast content providers. In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main body of and the proviso to Article 18 (2) of the Act”. <Amended by Presidential Decree No. 25794, Dec. 3, 2014>
(6) Article 59 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the commercials of Internet multimedia broadcast content providers, and Article 59 (2) 2 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the permissible scope, etc. of commercials of Internet multimedia broadcast content providers who have been registered or approved in accordance with Article 16 (2) or the proviso to Article 18 (1). In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main body of and the proviso to Article 18 (2) of the Act”. <Amended by Presidential Decree No. 25794, Dec. 3, 2014>
(7) Article 60 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the notice of sponsoring by Internet multimedia broadcast content providers. In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who had filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main body of and the proviso to Article 18 (2) of the Act”. <Amended by Presidential Decree No. 25794, Dec. 3, 2014>
(8) Articles 60-3 through 60-6 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to measures to be taken by Internet multimedia broadcast content providers to guarantee the universal right to view. In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main body of and the proviso to Article 18 (2) of the Act”. <Amended by Presidential Decree No. 25794, Dec. 3, 2014>
(9) Article 61 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the re-transmission by Internet multimedia broadcast service providers. In such cases, “cable television broadcasting business operator or relay cable broadcasting business operator” shall be construed as “Internet multimedia broadcast service provider”.
(10) Article 61-3 of the Enforcement Decree of the Broadcasting Act (excluding paragraph (2) 1 (a) thereof) shall apply mutatis mutandis to the approval of domestic re-transmission by foreign broadcasting business operators via Internet multimedia broadcast service providers. In such cases, “broadcasting business operator” or “cable television broadcasting business operator or satellite broadcasting business operator” shall be construed as “Internet multimedia broadcast service provider”, respectively.
 Article 21 Deleted. <Amended by Presidential Decree No. 22550, Dec. 27, 2010>
 Article 22 (Revocation, etc. of Permission)
(1) The standards for the revocation of permission and the suspension of business under Article 24 (1) of the Act shall be as prescribed in Table 4 attached hereto.
(2) When the Minister of Science and ICT makes a disposition to revoke permission or suspend business operations under Article 24 (1) of the Act, he/she shall notify the relevant Internet multimedia broadcast service provider of his/her disposition in writing. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 23 (Penalty Surcharges)
(1) “Sales” in Article 25 (1) of the Act means sales defined in Article 13 (1).
(2) When the Minister of Science and ICT determines the amount of a penalty surcharge, he/she shall take into account the degree, frequency, etc. of the relevant violations. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) The types of violation for which a penalty surcharge is to be imposed under Article 25 (1) of the Act and the amount of a penalty surcharge shall be as prescribed in Table 5 attached hereto.
(4) Article 14 shall apply mutatis mutandis to the imposition and payment of penalty surcharges under Article 25 (1) of the Act.
 Article 23-2 (Processing of Personally Identifiable Information)
(1) Where inevitable to conduct the following affairs, the Minister of Science and ICT may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 25794, Dec. 3, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Affairs concerning permission to operate Internet multimedia broadcast services under Article 4 of the Act;
2. Affairs concerning the renewal of permission to operate Internet multimedia broadcast services under Article 5-2 of the Act;
3. Affairs concerning permission to make any change or the reporting of any change in Internet multimedia broadcast services under Article 11 of the Act.
(2) Where inevitable to conduct affairs concerning the reduction of or exemption from charges under the terms of service reported or approved pursuant to Article 15 (1) of the Act, Internet multimedia broadcast service providers and the Korea Association for ICT Promotion under Article 15 of the Framework Act on Broadcasting and Communications Development may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act or alien registration numbers under subparagraph 4 of the aforesaid Article.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 23-3 (Delegation of Authority)
The Minister of Science and ICT shall delegate his/her authority over the formulation and announcement of technical standards concerning matters regarding the installation and maintenance of broadcast facilities of Internet multimedia broadcast service providers and concerning transmission and line facilities under Article 14-2 of the Act, to the Director General of the National Radio Research Agency pursuant to Article 26-2 of the Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25794, Dec. 3, 2014]
 Article 24 (Imposition of Administrative Fines)
Guidelines for the imposition of administrative fines under Article 28 (1) of the Act shall be prescribed in Table 6 attached hereto.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21890, Dec. 15, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 22550, Dec. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23514, Jan. 13, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 15, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24445, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25794, Dec. 3, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26324, Jun. 22, 2015>
This Decree shall enter into force on June 28, 2015.
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.