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ACT ON THE ESTABLISHMENT AND OPERATION OF KOREA COMMUNICATIONS COMMISSION

Act No. 8867, Feb. 29, 2008

Amended by Act No. 9708, May 22, 2009

Act No. 10165, Mar. 22, 2010

Act No. 11373, Feb. 22, 2012

Act No. 11450, May 23, 2012

Act No. 11711, Mar. 23, 2013

Act No. 13073, Jan. 20, 2015

Act No. 13202, Feb. 3, 2015

Act No. 13580, Dec. 22, 2015

Act No. 15408, Feb. 21, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to enhance the freedom, public nature, and public interests of broadcasting by actively responding to the convergence of broadcasting and communications, and to contribute to the protection of rights and interests of the public and the improvement of the public welfare by guaranteeing the independent operation of the Korea Communications Commission. <Amended by Act No. 11711, Mar. 23, 2013>
 Article 2 (Operation Principles)
(1) The Korea Communications Commission shall endeavor for the welfare of users of broadcasting and communications and the provision of general services.
(2) The Korea Communications Commission shall endeavor to create a fair competitive environment for broadcasting and communications business. <Amended by Act No. 11711, Mar. 23, 2013>
(3) The Korea Communications Commission shall take necessary measures to ensure that broadcasting and communications business serves the public interests.
CHAPTER II ESTABLISHMENT, ETC. OF KOREA COMMUNICATIONS COMMISSION
 Article 3 (Establishment of the Commission)
(1) The Korea Communications Commission (hereinafter referred to as the "Commission") shall be established under the control of the President, in order to perform duties of regulating broadcasting and communications, protecting users, etc. <Amended by Act No. 11711, Mar. 23, 2013>
(2) The Commission shall be deemed a central administrative agency under Article 2 of the Government Organization Act, but Article 18 of the said Act shall not apply to the following matters: <Amended by Act No. 11711, Mar. 23, 2013; Act No. 13073, Jan. 20, 2015>
1. Matters referred to in subparagraphs 1 (excluding matters concerning basic plans on the regulation of communications) through 15, 17 through 21, and 25 of Article 12;
2. Other matters necessary for guaranteeing the independence of broadcasting, prescribed by Presidential Decree.
 Article 4 (Organization, etc. of the Commission)
(1) The Commission shall be made up of a Chairperson (hereinafter referred to as the "Chairperson") and five standing commissioners, including a Vice Chairperson.
(2) Members (hereinafter referred to as "members") of the Commission shall be appointed to the posts of public officials in political service.
(3) Members shall become government delegates, notwithstanding Article 10 of the Government Organization Act.
 Article 5 (Appointment)
(1) The Chairperson and members shall be appointed by the President, from among persons falling under any of the following subparagraphs, in consideration of their expertise in the areas of broadcasting or information and communications. In such cases, the Chairperson shall go through personnel hearing processes of the National Assembly: <Amended by Act No. 13202, Feb. 3, 2015>
1. Any person who is or had been at the position of, or higher than an associate professor in a university or college or a certified research institute, or who has or had held a position equivalent thereto for not less than 15 years, from among persons who have majored in broadcasting, journalism, electronic engineering, telecommunication engineering, jurisprudence, economics, business administration, public administration, and other areas related to broadcasting, journalism, and information and communications;
2. Any person who has or had held the position of a judge, a public prosecutor or an attorney-at-law for not less than 15 years;
3. Any person who has experiences in the areas of broadcasting, journalism, information and communications, or other related areas, and is a public official in Grade II or higher, or has or had been a public official equivalent thereto, or who has or had held a position belonging to the senior civil service;
4. Any person who has or had held a position of the representative, an executive officer, or an employee of an organization or institution related to broadcasting, journalism, or information and communications for not less than 15 years;
5. Any person who has experiences of working for the protection of users in the areas of broadcasting, journalism, or information and communications for not less than 15 years;
6. Any person whose total work experience under subparagraphs 1, 2, 4, and, 5 and as a public official, etc. is at least 15 years.
(2) Two members, including the Chairperson, from among five members, shall be nominated by the President, and three members shall be nominated under paragraph (1) upon the recommendation of the National Assembly. In such cases, the negotiation body of a political party, to which the President belongs or belonged, shall recommend one member and other negotiation bodies shall recommend two members, when the National Assembly recommends members.
(3) The Vice Chairperson shall be elected among members.
 Article 6 (Chairperson)
(1) The Chairperson shall represent the Commission, preside over meetings of the Commission, and take charge of affairs falling under the jurisdiction of the Commission.
(2) The Chairperson may attend the State Council and state his/her opinions, when it is necessary, or propose the submission of a bill regarding affairs under the jurisdiction of the Commission to the Prime Minister.
(3) The Chairperson may attend the National Assembly and state his/her opinions on affairs falling under the jurisdiction of the Commission, or attend the National Assembly and file a report or provide an answer, when the National Assembly requests him/her to do so.
(4) When the Chairperson is unable to perform his/her duties due to unavoidable grounds, members shall act on his/her behalf, in the order determined by the Vice Chairperson and the Commission in advance.
(5) When the Chairperson violates the Constitution or Acts in performing his/her duties, the National Assembly may pass motions for his/her impeachment.
 Article 7 (Term of Office of Members)
(1) The term of office of members shall be three years, and consecutive appointment is permitted only once.
(2) When a vacancy occurs in the positions of members, the Commission shall appoint a supplementary member without delay, after the date on which such vacancy occurs, and the term of office of a supplementary member shall be the remainder of his/her predecessor's term of office.
 Article 8 (Guarantee of Status, etc.)
(1) No member shall be removed from his/her office against his/her will unless he/she falls under any of the following subparagraphs:
1. When any member is unable to perform his/her duties due to a mental or physical disorder for a lengthy period;
2. When any member has grounds for disqualification under Article 10;
3. When any member violates his/her duties under this Act or other Acts;
4. When any member reaps unjust profits related to affairs falling under the jurisdiction of the Commission under this Act or other Acts.
(2) No member shall be influenced by unfair instructions or interference from outside in performing his/her duties.
 Article 9 (Prohibition against Holding Concurrent Offices, etc.)
(1) No member shall be engaged in affairs with the purpose of gaining profits, other than public duties, and shall be concurrently engaged in other duties.
(2) No member shall be involved in political activities.
(3) Necessary matters concerning the limits of affairs with the purpose of gaining profits under paragraph (1) shall be prescribed by Presidential Decree.
 Article 10 (Grounds for Disqualification)
(1) Any of the following persons shall be disqualified from being a member: <Amended by Act No. 13202, Feb. 3, 2015>
1. Any party member falling under Article 22 of the Political Parties Act;
2. Any person who is engaged in business related to broadcasting and communications or was engaged in such business within three years from the date on which he/she is appointed as a member;
3. Any person falling under any subparagraph of Article 33 of the State Public Officials Act;
4. Any person removed from his/her office, following a decision on impeachment;
5. Any person for whom three years have not passed since his/her resignation from public office he/she held through an election under Article 2 of the Public Official Election Act;
6. Any person for whom three years have not passed since he/she lost his/her position as a member of the Presidential Transition Committee under Article 6 of the Presidential Transition Act.
(2) The specific scope of persons engaged in the business related to broadcasting and communications under paragraph (1) 2 shall be prescribed by Presidential Decree. <Amended by Act No. 13202, Feb. 3, 2015>
(3) When a member falls under any subparagraph of paragraph (1), he/she shall resign from his/her office ipso facto.
CHAPTER III DUTIES UNDER JURISDICTION OF COMMISSION
 Article 11 (Duties under Jurisdiction of the Commission)
(1) The following matters shall be duties under the jurisdiction of the Commission: <Amended by Act No. 11711, Mar. 23, 2013>
1. Matters concerning policies on broadcast advertising, policies on evaluation of programming, planning for broadcasting promotion, planning for broadcasting policies, policies on terrestrial broadcasting, and policies on broadcasting channels;
2. Matters concerning the overall control of research and planning, market surveys on broadcasting and communications, protection of users of broadcasting and communications, promotion of viewers’ rights and interests, and ethics relating to protecting personal information;
3. Matters concerning the management of frequencies used for broadcasting services;
4. Other matters determined as duties of the Commission by this Act or other Acts.
(2) Detailed matters concerning duties under the jurisdiction of the Commission under paragraph (1) shall be prescribed by Presidential Decree.
 Article 12 (Matters Subject to Deliberation and Resolution of the Commission)
The Commission shall deliberate on and resolve the following matters from among duties under its jurisdiction: <Amended by Act No. 13580, Dec. 22, 2015>
1. Matters concerning basic plans on broadcasting and those on the regulation of communications;
2. Matters concerning the recommendation on directors and the appointment of auditors for the Korean Broadcasting System;
3. Matters concerning the appointment of directors and auditors for the Foundation for Broadcast Culture;
4. Matters concerning the appointment of chief executive officer, directors, and auditors for the Educational Broadcasting System;
5. Matters concerning the research on and assessment of media diversity;
6. Matters concerning the permission and renewal of permission granted to terrestrial broadcasting business entities and community radio broadcasting business entities;
7. Matters concerning the approval for program providing business entities using broadcasting channels for general programming or programming specialized in news report;
8. Matters concerning the permission, renewal of permission, and permission for change granted to satellite broadcasting business entities, CATV broadcasting business entities, and CATV relay broadcasting business entities, as well as those concerning the consent to the enactment, modification, and repeal of related statutes;
9. Matters concerning the permission, revocation, and approval for broadcast advertising sales agencies pursuant to the Act on Broadcast Advertising Sales Agencies, Etc.;
10. Matters concerning investigation and restriction on prohibited acts by broadcasting business entities;
11. Matters concerning the investigation into and restriction on prohibited acts by broadcast advertising sales agencies;
12. Matters concerning the investigation into and restriction on prohibited acts by telecommunications business entities;
13. Matters concerning the mediation of disputes between and among broadcasting business entities and telecommunications business entities, or disputes between business entities and users, etc.;
14. Matters concerning the mediation of disputes between and among broadcast advertising sales agencies, etc.;
15. Matters concerning the response to complaints from viewers as well as the protection of users of broadcasting and communications;
16. Matters concerning the management of Community Media Foundation;
17. Matters concerning the guarantee of the universal watching and listening right;
18. Matters concerning the composition and management of the Broadcasting Evaluation Committee;
19. Matters concerning the restrictions, etc. on the share of audience of broadcasting business entities;
20. Matters concerning the disciplinary measures pursuant to the deliberation and resolution by the Korea Communications Standards Commission;
21. Matters concerning the composition and management of the Regional Broadcasting Development Committee;
22. Matters concerning the research and support with respect to the regulation of broadcasting and communications;
23. Matters concerning the international cooperation with respect to the regulation of broadcasting and communications;
24. Matters concerning the management of frequencies used for broadcasting services;
25. Matters concerning the operation, organization, and sales of broadcast programs and broadcast advertising;
26. Matters concerning the raising, management, and operation of funds related to broadcasting and communications;
27. Matters concerning the enactment, modification, and repeal of statutes concerned as well as regulations of the Commission;
28. Matters concerning the budget and budget planning of the Commission;
29. Matters on which the Commission has deliberated and resolved pursuant to this Act or other Acts.
[This Article Wholly Amended by Act No. 11711, Mar. 23, 2013]
CHAPTER IV OPERATION OF COMMISSION
 Article 13 (Meetings)
(1) Meetings of the Commission shall be convoked by the chairperson, when two or more members request to do so: Provided, That the chairperson may convoke meetings of his/her own accord.
(2) The resolution of a meeting of the Commission shall require the consent of a majority of all the incumbent members.
(3) Members may propose bills.
(4) Meetings of the Commission shall be disclosed to the public: Provided, That in any of the following cases, the Commission may choose not to disclose its meetings to the public by its resolution: <Amended by Act No. 13202, Feb. 3, 2015>
1. Where the disclosure of the details of the meeting is likely to undermine national security;
2. Where the details of the meeting is classified as confidential information or contains classified information pursuant to other statutes;
3. Where the disclosure of the details of the meeting is deemed to be likely to defame reputation of an individual, corporation, or organization or act against his/her or its reasonable interest;
4. Where the disclosure of the details of the meeting, which are matters concerning audit and inspection, personnel management, etc., is likely to substantially disrupt a fair performance of its duties.
(5) The Commission shall draw up and keep meeting records under regulations of the Commission.
(6) Any person who intends to be admitted to the meeting of the Commission open to the public, shall present his/her identification card that may prove his/her identification and may be admitted to the meeting with an admission ticket issued before the opening of the meeting. In such cases, where necessary for the appropriate operation and the maintenance of order of the meeting, the Chairperson may limit the number of persons admitted to the meeting or order a person admitted to the meeting to leave the room. <Newly Inserted by Act No. 13202, Feb. 3, 2015>
(7) Other necessary matters concerning the operation of meetings of the Commission shall be prescribed by regulations of the Commission.
 Article 14 (Exclusion, Challenge, and Evasion of Members)
(1) Any member of the Commission who falls under any of the following shall be excluded from performing the relevant duties:
1. When any member or his/her spouse or former spouse is a party to the relevant case, or is a joint holder of any right or an obligor for the relevant case;
2. When any member has or had relationship by blood with a party to the relevant case;
3. When any member testified to or appraised the relevant case;
4. When any member has or had been involved in the relevant case, as an agent for a party to the relevant case;
5. When any member has been involved in a disposition or omission subject to the relevant case.
(2) The Commission shall make a decision on exclusion, either ex officio or upon requests of the concerned parties.
(3) If there exists any ground for which it would be impracticable to expect the impartial deliberation and resolution from any member, the party concerned may file a request for challenge to him/her, and the Commission shall make a decision on that request by resolution: no person may file a request for challenge to two or more members for the same matter.
(4) When any member falls under paragraph (1) or (3), he/she may evade the relevant case voluntarily.
 Article 15 (Establishment of Specialized Committee, etc.)
(1) The Commission may establish the Specialized Committee or the Special Committee under its control, when necessary for practical advice on duties under its jurisdiction, preliminary review on matters subject to deliberation and resolution, or the efficient performance of duties entrusted by the Commission.
(2) Necessary matters concerning the organization and operation, etc. of the Specialized Committee or the Special Committee, etc. under paragraph (1) shall be prescribed by Presidential Decree.
 Article 16 (Annual Reports)
(1) The Commission shall submit reports on the performance of duties of the Commission for the relevant fiscal year to the National Assembly within three months after the end of each fiscal year.
(2) The Commission shall announce reports under paragraph (1).
 Article 17 (Administrative Organization)
(1) An administrative organization shall be established under the control of the Commission to deal with administrative affairs of the Commission.
(2) Employees of an administrative organization shall be public officials in general service, belonging to the functional category of broadcasting and communications, but public officials who do not belong to the functional category of broadcasting and communications may become employees of such organization, as prescribed by Presidential Decree.
(3) Necessary matters concerning the composition and operation, etc. of an administrative organization shall be prescribed by Presidential Decree.
CHAPTER V KOREA COMMUNICATIONS STANDARDS COMMISSION
 Article 18 (Establishment, etc. of the Korea Communications Standards Commission)
(1) The Korea Communications Standards Commission (hereinafter referred to as the "Korea Communications Standards Commission") shall be established to perform its duties independently, with the purposes of guaranteeing the public nature and fairness of broadcasting contents, creating a sound culture in the areas of information and communications, and creating an environment where information and communications are used in an appropriate manner.
(2) The Korea Communications Standards Commission shall be made up of nine members. In such cases, three members, including the Chairperson (hereinafter referred to as the "Chairperson") of the Korea Communications Standards Commission and a Vice Chairperson, shall be full-time.
(3) Members of the Korea Communications Standards Commission (hereinafter referred to as "deliberators") shall be appointed by the President. In such cases, three members shall be recommended by the Speaker of the National Assembly, in consultation with the floor leader of each negotiation group of the National Assembly, and three members shall be recommended by the competent standing committee of the National Assembly.
(4) Three standing commissioners, including a Chairperson and a Vice Chairperson, shall be appointed, and necessary matters concerning treatment, including remuneration, shall be prescribed by regulations of the Korea Communications Standards Commission.
(5) The terms of office of deliberators shall be three years, and consecutive appointment is permitted only once: Provided, That when a vacancy occurs in any position of a deliberator due to an accident, the term of office of a supplementary deliberator shall be the remainder of his/her predecessor's term of office.
(6) When the Chairperson is unable to perform his/her duties due to unavoidable grounds, deliberators shall act on his/her behalf, in order determined by the Vice Chairperson and the Korea Communications Standards Commission in advance.
(7) Necessary matters concerning the composition and operation of the Korea Communications Standards Commission shall be prescribed by Presidential Decree.
 Article 19 (Grounds for Disqualification of Deliberators)
(1) Any of the following persons shall be disqualified from being a deliberator: <Amended by Act No. 13202, Feb. 3, 2015>
1. State public officials or local public officials under Article 2 of the State Public Officials Act or Article 2 of the Local Public Officials Act: Provided, That educational officials defined in Article 2 (1) of the Educational Officials Act, or the Supreme Court Justice or a judge under Article 4 or 5 of the Court Organization Act, shall be excluded;
3. Persons who are engaged in business related to broadcasting and communications or were engaged in such business within three years from the date on which they are appointed as deliberators;
4. Persons falling under any subparagraph of Article 33 of the State Public Officials Act;
5. Persons for whom three years have not passed since their resignation from public offices they held through elections under Article 2 of the Public Official Election Act;
6. Persons for whom three years have not passed since they lost their positions as members of the Presidential Transition Committee under Article 6 of the Presidential Transition Act.
(2) The specific scope of persons engaged in the business related to broadcasting and communications under paragraph (1) 3, shall be prescribed by Presidential Decree. <Amended by Act No. 13202, Feb. 3, 2015>
 Article 20 (Guarantee of Status, etc. of Deliberators)
(1) No deliberator shall be influenced by unfair instructions or interference from outside in performing his/her duties.
(2) With respect to the guarantee of status of deliberators, Article 8 (1) shall apply mutatis mutandis. In such cases, "Article 10" shall be deemed "Article 19" in Article 8 (1) 2.
(3) With respect to prohibition against holding concurrent offices of standing commissioners, such as the Chairperson and Vice Chairperson, Article 9 shall apply mutatis mutandis.
 Article 21 (Duties of the Korea Communications Standards Commission)
Duties of the Korea Communications Standards Commission shall be as follows:
1. Deliberation on matters falling under Article 32 of the Broadcasting Act;
2. Deliberation and resolution on sanctions, etc. under Article 100 of the Broadcasting Act;
4. Deliberation on information prescribed by Presidential Decree as necessary for nurturing sound communications ethics, from among information disclosed to the public and distributed via telecommunication circuits, or requests for correction;
5. Matters concerning the soundness of information distributed via telecommunication circuits;
6. Matters concerning business plans, budget, and the settlement of accounts of the Korea Communications Standards Commission;
7. Matters concerning the enactment, modification, and repeal of regulations of the Korea Communications Standards Commission;
8. Matters determined to be subject to the deliberation of the Korea Communications Standards Commission by other statutes.
 Article 22 (Meetings, etc.)
(1) Meetings of the Korea Communications Standards Commission shall be divided into regular meetings and temporary meetings.
(2) Meetings of the Korea Communications Standards Commission shall be disclosed to the public: Provided, That in any of the following cases, the Korea Communications Standards Commission may choose not to disclose its meetings to the public by its resolution: <Amended by Act No. 13202, Feb. 3, 2015>
1. Where the disclosure of the details of the meeting is likely to undermine national security;
2. Where the details of the meeting is classified as confidential information or contains classified information pursuant to other statutes;
3. Where the disclosure of the details of the meeting is deemed to be likely to defame reputation of an individual, corporation, or organization or act against his/her or its reasonable interest;
4. Where the disclosure of the details of the meeting, which are matters concerning audit and inspection, personnel management, etc., is likely to substantially disrupt fair performance of its duties.
(3) The resolution of a meeting of the Korea Communications Standards Commission shall require the attendance of a majority of all the incumbent members and the consent of a majority of those present.
(4) A subcommittee may be established under the control of the Korea Communications Standards Commission, in order to share parts of duties under its jurisdiction and perform them efficiently. A Special Committee may be established under its control, so as to give advice on specific areas.
(5) Any person who intends to be admitted to the meeting of the Korea Communications Standards Commission open to the public, shall present his/her identification card that may prove his/her identification and may be admitted to the meeting with an admission ticket issued before the opening of the meeting. In such cases, where necessary for the appropriate operation and the maintenance of order of the meeting, the Chairperson of the Korea Communications Standards Commission may limit the number of persons admitted to the meeting or order a person admitted to the meeting to leave the room. <Newly Inserted by Act No. 13202, Feb. 3, 2015>
(6) Other matters necessary for the operation of meetings of the Korea Communications Standards Commission or the composition and operation of the subcommittee or special committee shall be prescribed by Presidential Decree.
 Article 23 (Exclusion, Challenge, and Evasion of Deliberators)
With respect to the exclusion, challenge, and evasion of deliberators, Article 14 shall apply mutatis mutandis. In such cases, "members" shall be deemed "deliberators."
 Article 24 (Enactment and Proclamation of Deliberation Provisions)
The Korea Communications Standards Commission shall enact and proclaim the following deliberation provisions necessary for performing duties under Article 21:
1. Provisions concerning deliberation on broadcasting under Article 33 of the Broadcasting Act;
2. Provisions concerning deliberation on information and communications, with the aim of deliberating under the subparagraphs 3 and 4 of Article 21.
 Article 25 (Sanctions, etc.)
(1) When it is deemed that contents of broadcasting or information and communications violate deliberation provisions under Article 24, the Korea Communications Standards Commission may determine any of the following sanctions:
1. Sanctions, recommendations, or the submission of opinions under Article 100 (1) of the Broadcasting Act;
(2) Where the Korea Communications Standards Commission intends to determine sanctions under paragraph (1) and a request for correction under subparagraph 4 of Article 21, it shall provide an opportunity for the relevant person or his/her agent to state his/her opinion in advance: Provided, That where it intends to determine a request for correction under subparagraph 4 of Article 21, it may choose not to provide an opportunity for the relevant person or his/her agent to state his/her opinion in any of the following cases: <Amended by Act No. 13073, Jan. 20, 2015>
1. Where it is necessary to make an urgent request for correction for public safety and security or welfare;
2. Where it is clearly impracticable or unnecessary to hear the opinion of the relevant person and his/her contact details are unknown;
3. Where it is clearly impracticable or unnecessary to hear the opinion of the relevant person, and a statement of opinion based on a request for correction is deemed unnecessary because the fact that is a prerequisite for the request for correction is objectively proved in accordance with the final and conclusive judgement, etc. made by a court;
4. Where the relevant person clearly expresses his/her intention of relinquishing an opportunity to state his/her opinion.
(3) When the Korea Communications Standards Commission determines sanctions under paragraph (1), it shall request the Commission to take the disposition of sanctions without delay.
(4) The Chairperson of the Korea Communications Standards Commission may request broadcasting business entities, CATV relay broadcasting business entities, electric sign board broadcasting business entities, external producers, or Internet multimedia broadcasting contents providers, or providers of information and communications services under Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., (hereinafter referred to as “broadcasting business entities, etc.”) to submit data necessary for deliberation, when necessary for performing duties under subparagraphs 1 through 4 of Article 21. In such case, a broadcasting business entity requested to submit data shall comply therewith unless there is a good cause. <Amended by Act No. 15408, Feb. 21, 2018>
(5) When the Commission receives a request to take the disposition of sanctions from the Korea Communications Standards Commission under paragraph (3), it shall issue an order for the disposition of sanctions against the relevant business entities, as prescribed by the Broadcasting Act or the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
(6) Where the Korea Communications Standards Commission makes a request for correction, it shall inform the relevant person of whether he/she may institute administrative appeal and administrative litigation against such disposition, whether he/she may object to such disposition, the procedure and period for making a request therefor, and other necessary matters. <Newly Inserted by Act No. 13073, Jan. 20, 2015>
(7) Where broadcasting business entities, etc. fails to comply with the request to submit data or submit data by false, the Chairperson of the Korea Communications Standards Commission shall inform the Chairperson thereof. <Newly Inserted by Act No. 15408, Feb. 21, 2018>
 Article 26 (Secretariat)
(1) The Secretariat shall be established under the control of the Korea Communications Standards Commission to deal with its affairs.
(2) The Secretariat shall have a Secretary General and necessary employees, who are appointed by the Chairperson.
(3) Necessary matters concerning the organization of the Secretariat shall be prescribed by Presidential Decree, and necessary matters concerning the operation and remuneration thereof shall be prescribed by regulations of the Korea Communications Standards Commission.
(4) Deliberators, the Secretary General, or other employees of the Secretariat shall be deemed public officials, in cases of the application of penalty provisions under the Criminal Act or other Acts.
 Article 27 (Duties of Integrity and Confidentiality)
(1) No deliberator, member of the Special Committee under Article 22, and employee of the Secretariat under Article 26 (2) shall receive money and valuables or other benefits from persons engaged in business related to broadcasting or information and communications subject to deliberation under this Act.
(2) No deliberator, member of the Special Committee under Article 22, employee of the Secretariat under Article 26 (2), or person who held the aforementioned position shall divulge any information known to him/her in the course of his/her performance of duties to others, or use such information for purposes other than the performance of duties.
 Article 28 (Budget)
The State may pay expenses necessary for the operation, etc. of the Korea Communications Standards Commission from the following funds or the National Treasury: <Amended by Act No. 9708, May 22, 2009; Act No. 10165, Mar 22, 2010>
1. The Broadcasting Communications Development Fund under Article 24 of the Framework Act on Broadcasting Communications Development;
2. The Information and Communications Promotion Fund under Article 41 of the Information and Communication Technology Industry Promotion Act;
3. Other funds prescribed by Presidential Decree.
 Article 29 (Regulations of the Korea Communications Standards Commission)
When the Korea Communications Standards Commission intends to enact, amend, or repeal its regulations under subparagraph 7 of Article 21, it shall give prior notice for not less than 20 days and undergo its resolution. In such cases, the Korea Communications Standards Commission shall include and publish such fact in an Official Gazette.
 Article 30 (Administrative Fines)
(1) A person who fails to submit data under Article 25 (4) or submits data by fraud without a good cause shall be subject to an administrative fine not exceeding 30 million won.
(2) An administrative fine under paragraph (1) shall be imposed and collected by the Commission as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 15408, Feb. 21, 2018]
ADDENDA
Article 1 (Enforcement Date, etc.)
This Act shall enter into force on the date of its promulgation: Provided, That Article 7 (8) of the Addenda shall enter into force on April 18, 2008.
Article 2 (Transitional Measures concerning Affairs under Its Jurisdiction)
Affairs under Article 11 (1), from among affairs under the jurisdiction of the previous Korea Broadcasting Commission, Minister of Information and Communication and Korea Communications Commission under the Broadcasting Act, Acts related to government organizations or other Acts at the time this Act enters into force, shall be succeeded by the Korea Communications Commission.
Article 3 (Transitional Measures concerning Acts Including Permission)
(1) Acts, including permission, performed by the Minister of Information and Communication, the Korea Broadcasting Commission or the Korea Communications Commission, etc. (hereafter referred to as the "Minister of Information and Communication, etc." in this Article) or against the Minister of Information and Communication, etc. under the previous provisions at the time this Act enters into force, shall be deemed acts performed by or against the Korea Communications Commission or the Korea Communications Standards Commission under this Act.
(2) Acts performed by the Korea Internet Safety Commission under the previous provisions before this Act enters into force, shall be deemed to have been performed by the Korea Communications Standards Commission under this Act.
Article 4 (Transitional Measures concerning Affairs under Jurisdiction of the Korea Internet Safety Commission, Rights and Obligations or Employment Relationship)
(1) Affairs under the jurisdiction of the Korea Internet Safety Commission under Articles 44-8 through 44-9 of the previous Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. as at the time this Act enters into force, shall be succeeded by the Korea Communications Standards Commission as a whole.
(2) Rights, obligations and properties of the Korea Internet Safety Commission under Articles 44-8 through 44-9 of the previous Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. as at the time this Act enters into force shall be succeeded by the Korea Communications Standards Commission as a whole.
(3) Employment relationship of the Korea Internet Safety Commission under Articles 44-8 through 44-9 of the previous Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. as at the time this Act enters into force shall be succeeded by the Korea Communications Standards Commission as a whole.
Article 5 (Special Appointment, etc.)
(1) The Commission shall specially appoint any person who desires to work for the Commission, from among employees belonging to the Secretariat of the Korea Broadcasting Commission, at the time this Act enters into force, as public officials belonging to the Commission within 10 days after the date on which the Chairperson of the Commission under this Act is appointed.
(2) Any one who has been specially appointed under paragraph (1) shall be deemed specially appointed on the date when this Act enters into force.
(3) Any one who desires to work for the Commission, from among employees belonging to the Secretariat of the Korea Broadcasting Commission at the time this Act enters into force, may work for the Committee until he/she is specially appointed under paragraph (1).
(4) Employees belonging to the Secretariat of the Korea Broadcasting Commission, who work for the Commission under paragraph (3), shall be deemed public officials belonging to the Commission under this Act, when they perform duties.
(5) Special appointment under paragraph (1) shall be made through the examination of personal histories of candidates, interviews and physical examinations.
(6) When any person is specially appointed as a public official belonging to the Commission under paragraph (1), a working period corresponding to a class, to which he/she is expected to be appointed, may be reduced, notwithstanding Article 28 (2) 3 of the State Public Officials Act, and probationary appointment under the main sentences of Article 29 (1) of the same Act may be exempted or reduced.
(7) The Korea Communications Commission shall determine standards for evaluating classes of public officials for employees belonging to the Secretariat of the Korea Broadcasting Commission, who are specially appointed under paragraph (1), in consultation with the Ministry of Public Administration and Security, comparing positions and working experiences of the Korea Broadcasting Commission with the system of classes of public officials, and consider details, difficulty and responsibility of the relevant duties.
(8) When working experience is calculated in counting salary classes, allowances, career ratings, minimum years required for promotion and days of annual leave of employees belonging to the Secretariat of the Korea Broadcasting Commission, who are specially appointed under paragraph (1), periods of working for the Korea Broadcasting Commission established under the Framework Act on Press (Act No. 3347), the Korea Broadcasting Commission established under the Broadcasting Act (Act No. 3978), the Comprehensive Cable Television Broadcasting Committee established under the Composite Cable Broadcasting Act (Act No. 4494) and the previous Korea Broadcasting Commission shall be recognized.
(9) Employment relationship of persons who desire to work for the Korea Communications Standards Commission, from among employees belonging to the Secretariat of the Korea Communications Commission, at the time this Act is promulgated, shall be succeeded by the Korea Communications Standards Commission under this Act.
(10) Public officials belonging to the Ministry of Information and Communication, prescribed by Presidential Decree, at the time this Act enters into force, shall be deemed appointed as public officials belonging to the Korea Communications Commission under this Act.
Article 6 (Special Cases concerning Application of National Pension or Public Official Pension of Employees Belonging to Secretariat of the Korea Broadcasting Commission, who are Specially Appointed as Public Officials)
(1) Any one specially appointed to the Commission as an employee belonging to the Secretariat of the Korea Broadcasting Commission (including the Korea Broadcasting Commission established under the Broadcasting Act (Act No. 3978) and the Comprehensive Cable Television Broadcasting Committee established under the Composite Cable Broadcasting Act (Act No. 4494)) pursuant to Article 5 (1) of the Addenda to the Act may, if one desires, receive a national pension or public official pension on the basis of the subscription period and the term of office, notwithstanding Article 61 (2) of the National Pension Act and Article 46 (1) of the Public Officials Pension Act, where each of the subscription period under Article 17 of the National Pension Act (hereafter referred to as the “subscription period” in this Article) or the term of office under Article 23 (1) through (4) of the Public Officials Pension Act (hereafter referred to as the “term of office” in this Article) is less than 20 years, and the sum of the subscription period and the term of office exceeds 20 years. In such cases, the National Pension Act shall apply to the national pension for any person whose subscription period exceeds 10 years.
(2) Any one who has acquired an entitlement to receive public official pensions under paragraph (1) shall be deemed beneficiaries of a retirement pension, etc. under Articles 8 and 9 of the National Pension Act.
(3) The types and amounts of benefits under the National Pension Act for any person whose subscription period is less than 10 years (excluding any person whose subscription period exceeds 10 years, when a subscription period under Articles 18 and 19 of the National Pension Act is additionally calculated), from among persons who receive a national pension under paragraph (1), shall be as follows:
1. Where a subscription period is more than one year, amounts obtained by subtracting amounts equivalent to 50/1,000 of basic pension amounts from reduced old age pension amounts (excluding a dependent family pension under Article 52 (1) of the National Pension Act) under Article 63 (2) of the National Pension Act shall be paid for each year less than ten years of a subscription period (if the period is less than one year, one month shall be calculated as 1/12 of a year);
2. Where a subscription period is less than one year, a lump sum refund under Article 77 (1) 1 of the National Pension Act shall be paid;
3. With respect to a pension paid under subparagraph 1, Articles 61 (4) and 77 (1) 1 of the National Pension Act shall not apply;
4. A pension paid under subparagraph 1 shall be deemed a reduced old age pension under Article 61 (2) of the National Pension Act, and Articles 61 (3) and 62 of the National Pension Act shall apply, even if a subscription period is less than 10 years;
5. When any person who receives a pension under subparagraph 1 dies, Article 72 (1) 1 of the National Pension Act shall apply, and amounts of benefits shall be amounts obtained by multiplying amounts under subparagraph 1 (Provided, That where Article 64 (1) of the National Pension Act apply, amounts excluding divided pension amounts) by 70/100;
6. Matters not expressly determined in this paragraph, concerning types and amounts of benefits, shall be governed by the National Pension Act: Provided, That when Article 64 (1) of the National Pension Act apply, the term of office shall not be considered.
(4) The amount of a pension under the Public Officials Pension Act, which may be paid under paragraph (1), shall be an amount equivalent to 25/1,000 of monthly average remuneration for one year of the term of office (if the term is less than one year, one month shall be calculated as 1/12 of a year). In such cases, a lump-sum payment for retirement under Article 48 of the National Pension Act shall not be made.
(5) Any one who intends to receive a pension under paragraph (1), shall make an application for summing up a subscription period and the term of office to the head of an organization, to which he/she belongs, at the time he/she retires from office within two years after such retirement. In such cases, the head of such organization shall investigate and check necessary matters without delay and notify the National Pension Service under Article 24 of the National Pension Act and the Government Employees Pension Service under Article 4 of the Public Officials Pension Act of such fact.
(6) With respect to matters not expressly determined in this Article, such as applications for benefits, age for payment of benefits and restrictions on the payment of benefits, each provision of the National Pension Act and the Public Officials Pension Act shall apply.
Article 7 Omitted.
Article 8 (Relationship with other Statues)
A citation of the "Korea Broadcasting Commission", "Chairperson of the Korea Broadcasting Commission", "Ministry of Information and Communication", "Minister of Information and Communication" or "Vice Minister of Information and Communication" by other statutes at the time this Act enters into force shall be deemed a citation of the "Korea Communications Commission", "Chairperson of the Korea Communications Commission", "Vice Chairperson of the Korea Communications Commission" or "Korea Communications Standards Commission" under this Act, depending on duties prescribed in such statutes.
Article 9 (Special Cases concerning Appointment of Members)
With respect to the first appointment of members under this Act, Article 10 (1) 2 and (2) of the Act shall not apply, notwithstanding such provisions.
Article 10 (Special Cases concerning Members of the Korea Communications Commission, who are Recommended by the National Assembly)
The first members of the Korea Communications Commission recommended by the National Assembly after this Act enters into force, shall be recommended by the special committee of the National Assembly related to broadcasting and communications, notwithstanding Article 5 (2).
Article 11 (Special Cases concerning Members of the Korea Communications Standards Commission, who are Recommended by Competent Standing Committee under Jurisdiction of the National Assembly)
The first members of the Korea Communications Standards Commission recommended by the competent standing committee of the National Assembly after this Act enters into force, shall be recommended by the special committee of the National Assembly related to broadcasting and communications, notwithstanding Article 18 (3).
Article 12 (Special Cases concerning Personnel Hearings for Chairperson of the Korea Communications Commission)
The first personnel hearing of the National Assembly for any candidate for the Chairperson of the Korea Communications Commission appointed after this Act enters into force, shall be held by the special commission of the National Assembly related to broadcasting and communications, notwithstanding the provisions of the National Assembly Act and the Personnel Hearing Act.
ADDENDA <Act No. 9708, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10165, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11373, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 11450, May 23, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11711, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
(1) Among public notifications, administrative dispositions, and other acts performed by the Korea Communications Commission as well as applications, reports, and other acts received by the Korea Communications Commission before this Act enters into force, those concerning matters of which the jurisdiction is transferred from the Korea Communications Commission to the Minister of Science, Information and Communications Technology (ICT) and Future Planning, shall be deemed acts performed or received by the Minister of Science, ICT and Future Planning.
(2) Regulations of the Korea Communications Commission concerning matters of which the jurisdiction is transferred from the Korea Communications Commission to the Minister of Science, ICT and Future Planning at the time this Act enters into force, shall be deemed Ordinances of the Ministry of Science, ICT and Future Planning until Ordinances which substitute those regulations are enacted and enforced.
ADDENDUM <Act No. 13073, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13202, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Grounds for Disqualification of Members and Deliberators)
Where any person who is a member or deliberator as at the time this Act enters into force falls under the amended provisions of Articles 10 (1) and 19 (1) due to a reason which occurred before this Act enters into force, the previous provisions shall apply thereto, notwithstanding the aforesaid amended provisions.
ADDENDA <Act No. 13580, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 15408, Feb. 21, 2018>
This Act shall enter into force three months after the date of its promulgation.