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RADIO WAVES ACT

Wholly Amended by Act No. 6197, Jan. 21, 2000

Amended by Act No. 6315, Dec. 29, 2000

Act No. 6909, May 29, 2003

Act No. 6893, May 29, 2003

Act No. 7265, Dec. 30, 2004

Act No. 7264, Dec. 30, 2004

Act No. 7441, Mar. 31, 2005

Act No. 7559, May 31, 2005

Act No. 7796, Dec. 29, 2005

Act No. 7815, Dec. 30, 2005

Act No. 8091, Dec. 26, 2006

Act No. 8221, Jan. 3, 2007

Act No. 8199, Jan. 3, 2007

Act No. 8486, May 25, 2007

Act No. 8770, Dec. 21, 2007

Act No. 8776, Dec. 21, 2007

Act No. 8867, Feb. 29, 2008

Act No. 9128, jun. 13, 2008

Act No. 9455, Feb. 6, 2009

Act No. 9482, Mar. 13, 2009

Act No. 9535, Mar. 25, 2009

Act No. 9773, jun. 9, 2009

Act No. 9780, jun. 9, 2009

Act No. 10166, Mar. 22, 2010

Act No. 10393, Jul. 23, 2010

Act No. 10564, Apr. 7, 2011

Act No. 11037, Aug. 4, 2011

Act No. 11451, May 23, 2012

Act No. 11712, Mar. 23, 2013

Act No. 12726, jun. 3, 2014

Act No. 13012, Jan. 20, 2015

Act No. 13233, Mar. 27, 2015

Act No. 13519, Dec. 1, 2015

Act No. 13588, Dec. 22, 2015

Act No. 13859, Jan. 27, 2016

Act No. 14116, Mar. 29, 2016

Act No. 14578, Mar. 14, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15373, Feb. 21, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters relating to the efficient and safe use and control of radio waves to facilitate the promotion of the field relating to radio waves and serve to promote public welfare by facilitating the use of radio waves and the development of radio-wave technologies. <Amended by Act No. 13012, Jan. 20, 2015>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 2 (Definitions)
(1) The terms used in this Act shall be defined as follows: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 12726, Jun. 3, 2014; Act No. 13012, Jan. 20, 2015; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. The term "radio waves" means electromagnetic waves which propagate in space without any artificial guidance at radio frequencies within the range determined by the International Telecommunication Union;
2. The term "allocation of radio frequencies" means determining the use of specified radio frequencies;
3. The term "assignment of radio frequencies" means granting specific persons the right to use specified radio frequencies;
4. The term "designation of radio frequencies" means designating specific radio frequencies to be used by a radio station established after obtaining authorization or by filing a report thereon;
4-2. The term “approval for use of radio frequencies” means approving the use of specific radio frequencies for security or diplomatic purposes or for international or national events, etc.;
4-3. The term "withdrawal of radio frequencies" means withdrawing all or some of the radio frequencies assigned, designated, or approved for use;
4-4. The term "reallocation of radio frequencies" means assigning radio frequencies, designating radio frequencies, or granting approval for use of radio frequencies after withdrawing radio frequencies and in replacement thereof;
4-5. The term "joint use of radio frequencies" means use of radio frequencies within the same range by two or more frequency users without mutual exclusion;
5. The term "radio facilities" means electrical facilities capable of sending or receiving radio waves;
5-2. The term "radio communications" means sending or receiving information, such as all types of signs, signals, words, images and sounds, by using radio waves;
6. The term "radio station" means the integration of radio facilities, and persons who operate such radio facilities: Provided, That any radio station established only for the purpose of receiving broadcasts shall be excluded herefrom;
7. The term "operator" means any person who operates or performs installation and maintenance of radio facilities and holds a certificate of technical qualification issued under Article 70 (2);
8. The term "authorized person" means any person who establishes a radio station after obtaining authorization from, or filing a report with, the Minister of Science and ICT;
9. The term "broadcasting station" means a radio station established for the purpose of enabling the public to directly receive broadcasting signal;
10. The term "space station" means a radio station established in a satellite;
11. The term "earth station" means a radio station established on earth to communicate with a space station;
12. The term "satellite network" means the whole of a communications network (including satellite radio frequencies and satellite orbits; hereinafter the same shall apply) comprised of the space stations and the earth stations;
13. The term "satellite orbit" means the location or path of a space station;
14. The term "electromagnetic interference" means that electromagnetic waves emitted (referring to the propagation of electromagnetic energy in space) or conducted (referring to the flow of electromagnetic energy through power supply lines) by electromagnetic wave-generating equipment disturb the performance of other equipment;
15. The term "electromagnetic conformity" means when equipment that causes electromagnetic interference or is affected by electromagnetic waves, is in conformity with the technical requirements for electromagnetic interference and electromagnetic susceptibility under Article 47-3 (1);
16. The term "broadcasting and communications equipment" means devices, apparatuses, components or lines used for broadcasting and communications equipment;
17. The term "spectrum environment" means the overall conditions whereby electromagnetic waves are distributed, such as the intensity of radio waves and noise around the human body, machinery or radio facilities.
(2) The definitions of terms used in this Act shall be governed by the Framework Act on Broadcasting Communications Development, except as otherwise expressly provided for in paragraph (1). <Newly Inserted by Act No. 10393, Jul. 23, 2010>
 Article 3 (Facilitating Use of Spectrum Resources)
The government shall formulate and implement policy measures necessary to facilitate the use of spectrum resources for the purpose of maximizing the use of limited spectrum resources for promoting the public welfare.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 4 Deleted. <by Act No. 7815, Dec. 30, 2005>
CHAPTER II SECURING SPECTRUM RESOURCES
 Article 5 (Securing Spectrum Resources)
(1) In order to secure spectrum resources, the Minister of Science and ICT shall formulate and implement the following policy measures and prepare a support scheme necessary for the implementation of such policy measures: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13012, Jan. 20, 2015; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. Developing technologies for using new radio frequencies;
2. Enhancing efficiency in the use of the radio frequencies being used;
2-2. Developing technologies for the joint use of radio frequencies;
3. International registration of radio frequencies;
4. Consultations and coordination to remove and prevent radio wave interference between nations.
(2) Necessary matters concerning radio frequencies subject to registration under paragraph (1) 3, registration fees, and registration procedures, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 6 (Enhancing Efficiency in Use of Spectrum Resources)
(1) The Minister of Science and ICT shall, if necessary to facilitate the fair and efficient use of spectrum resources, implement the following: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Alteration of allocation of radio frequencies;
2. Withdrawal of radio frequencies or reallocation of radio frequencies;
3. Conversion to new technical modes;
4. Sharing of radio frequencies.
(2) The Minister of Science and ICT may investigate or confirm a current status of spectrum use, as prescribed by Presidential Decree, in cases where necessary for implementing matters falling under each subparagraph of paragraph (1). <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 6-2 (Withdrawal of Radio Frequencies or Reallocation of Radio Frequencies)
(1) The Minister of Science and ICT may execute the withdrawal of radio frequencies or reallocation of radio frequencies under Article 6 (1) 2, in cases where falling under any of the following: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Where the allocation of radio frequencies has been altered;
2. Where the actual levels of use of radio frequencies have been inactive or where it is necessary to elevate the efficient use of frequency through a readjustment of frequency band.
(2) Necessary matters concerning a withdrawal of radio frequencies or procedures for reallocation of radio frequencies under paragraph (1), standards to determine the actual levels of use of radio frequencies, and requisite, etc. for readjustment of frequency bands shall be prescribed by Presidential Decree.
(3) Where radio frequencies need to be newly allocated, withdrawn, or relocated, it shall be deliberated by a frequency deliberation committee chaired by the Minister of the Office for Government Policy Coordination. <Newly Inserted by Act No. 11712, Mar. 23, 2013>
(4) Matters necessary for the composition, operation, etc. of the frequency deliberation committee under paragraph (3) shall be determined by Presidential Decree. <Newly Inserted by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 6-3 (Joint Use of Radio Frequencies)
(1) The Minister of Science and ICT may require a person granted the assignment, designation, or approval for use of, radio frequencies to provide all or part of radio frequencies for the joint use thereof: Provided, That he/she shall agree with the Korea Communications Commission on the radio frequencies used for the broadcasting businesses under Article 6-4. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall determine and publicly announce the standards for the joint use of radio frequencies, including the scope and conditions of, and procedures and methods for joint use of radio frequencies: Provided, That he/she shall agree with the Korea Communications Commission on the radio frequencies used for the broadcasting businesses under Article 6-4. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 13012, Jan. 20, 2015]
 Article 6-4 (Management of Broadcasting Radio Frequencies)
Radio frequencies used in the broadcasting business provided for in subparagraph 2 of Article 2 of the Broadcasting Act shall be managed by the Korea Communications Commission.
[This Article Newly Inserted by Act No. 11712, Mar. 23, 2013]
 Article 7 (Compensation for Loss from Withdrawal of Radio Frequencies or Relocation of Radio Frequencies)
(1) In implementing withdrawal of radio frequencies or reallocation of radio frequencies under Article 6-2, the Minister of Science and ICT shall compensate for any loss incurred in the ordinary course of business by the relevant authorized person and a person who has obtained approval for use of radio frequency under Article 18-2 (3) (hereinafter referred to as "authorized person, etc."): Provided, That the same shall not apply to the following cases: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 12726, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017>
1. Where withdrawal of radio frequencies or reallocation of radio frequencies is implemented at the request of the authorized person, etc.;
2. Where the International Telecommunication Union has altered the allocation of a radio frequency, following the alteration of international allocation of a radio frequency that is to be commonly adopted by all nations;
3. Where using a frequency which is set for secondary services (referring to services that shall provide protection to, and not claim protection from, a primary service in operating their frequencies; hereinafter the same shall apply).
(2) Where the Minister of Science and ICT compensates for any loss under the main sentence of paragraph (1), he/she may collect the amount of compensation under paragraph (1) from the person who has been newly allocated with radio frequencies or the person who has newly obtained designation of radio frequencies or approval for use of radio frequencies (hereinafter referred to as "new user") for the relevant radio frequencies. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) When the Minister of Science and ICT intends to determine the amount of compensation for loss under paragraph (1), it shall seek opinions from the relevant authorized person, etc. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Notwithstanding the main sentence of paragraph (1), the Minister of Science and ICT may have a new user directly compensate for any loss incurred to an authorized person, etc. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) Where the radio frequencies assigned under Article 11 (1) fall under any subparagraph of Article 6-2 (1) and the Minister of Science and ICT has withdrawn such radio frequencies, it shall refund, as prescribed by Presidential Decree, the price paid for assignment of radio frequencies for the remainder of the use period under Article 15 (1): Provided, That the same shall not apply to any alteration of allocation of radio frequencies at the request of a person allocated with radio frequencies. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) Compensation for losses referred to in the main sentence of paragraph (1) and amounts collectible pursuant to paragraph (2) shall be paid out of and added to the Broadcasting Communications Development Fund under Article 24 of the Framework Act on Broadcasting Communications Development (hereinafter referred to as the "Broadcasting Communications Development Fund"), and the refund of the prices for assignment of radio frequencies under the main sentence of paragraph (5) shall be paid out of the Broadcasting Communications Development Fund and the Information and Communications Promotion Fund under Article 41 of the Information and Communications Technology Industry Promotion Act (hereinafter referred to as the "Information and Communication Promotion Fund"). <Amended by Act No. 10393, Jul. 23, 2010>
(7) Matters necessary for the computation criteria and payment procedures of compensation for loss under the main sentence of paragraph (1) and paragraph (4), the collection of amounts collectible under paragraph (2), and the refund of the prices for assignment of radio frequencies and apportionment under paragraph (5) shall be prescribed by Presidential Decree. <Amended by Act No. 10393, Jul. 23, 2010>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 7-2 (Objection)
(1) Where authorized persons, etc. have objections to the amount of compensation for loss under Article 7 (1), they may file an objection with the Minister of Science and ICT within 30 days of receipt of the notice on the amount of compensation for loss. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Where the Minister of Science and ICT has received an objection under paragraph (1), it shall determine whether to increase or decrease the amount of compensation for loss within 30 days of receipt of such objection, and notify, without delay, the authorized persons, etc. who raised the objection of the results thereof: Provided, That, where there exists any other unavoidable reason, it may extend such period within the scope of 30 days. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 8 (Master Plans for Radio Waves Promotion)
(1) The Minister of Science and ICT shall formulate a master plan for radio waves promotion for the purpose of promoting the use of radio waves, developing new technology relating to radio waves and developing the radio wave broadcasting equipment industry (hereinafter referred to as "master plan") every five years. <Amended by Act No. 9482, Mar. 13, 2009; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall, when it formulates the master plan or alters important matters determined by Presidential Decree, such as plans for the allocation of radio frequencies in the master plan, finalize such plans after seeking opinions through hearings, etc. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) The master plan shall include the following matters:
1. Basic direction for developing the radio wave broadcasting industry;
2. Medium- and long-term plan for the use of radio frequencies;
3. Development of new spectrum resources;
4. Support for the sophistication of technologies and facilities using radio waves;
5. Development and propagation of radio-wave media;
6. Development of space communications;
7. Establishment of order in the use of radio waves;
8. Matters relating to the standardization of radio waves;
9. Improvement of the spectrum environment;
10. Other matters necessary for the promotion of radio wave broadcasting.
(4) The Minister of Science and ICT shall formulate and execute a detailed implementation plan (hereinafter referred to as "implementation plan") based on the master plan. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) The Minister of Science and ICT may, if necessary to efficiently formulate the master plan and the implementation plan, request the heads of relevant central administrative agencies, the heads of local governments, the heads of relevant agencies and organizations, radio wave users, etc. to submit necessary materials. In such cases, the persons who receive such requests shall comply with them in the absence of special circumstances. <Newly Inserted Act No.13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(6) Matters necessary for the formulation or execution of the master plan and the implementation plan shall be prescribed by Presidential Decree. <Amended by Act No.13588, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER III ALLOCATION AND ASSIGNMENT OF SPECTRUM RESOURCES
 Article 9 (Allocation of Radio Frequencies)
(1) The Minister of Science and ICT shall allocate radio frequencies in consideration of the following: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. The necessity for national security, the maintenance of order or the safety of human lives, such as national defense, public safety, the rescue of persons in trouble;
2. Domestic conditions for the use of radio frequencies, such as current status of use of radio frequencies;
3. Trends in international use of radio frequencies;
4. Trends in the development of technologies using radio waves;
5. Demand for services using radio waves.
(2) The Minister of Science and ICT may allocate radio frequencies under paragraph (1) by classifying services into primary and secondary depending on the use of frequency. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Where the Minister of Science and ICT has allocated radio frequencies under paragraph (1), he/she shall publicly notify such allocation. The same shall apply where he/she alters the allocation of radio frequencies. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Where a period for the use of radio frequencies is set following the allocation of radio frequencies pursuant to paragraph (1), the Minister of Science and ICT may also publicly notify the period of validity of the conformity assessment of broadcasting and communications equipment which uses the relevant radio frequencies and the period allowed for importing and selling such broadcasting and communications equipment. <Newly Inserted by Act No. 12726, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 9-2 (Support for Users after Change of Allocation of Radio Frequencies)
(1) Where radio facilities, a radio station of which can be established without filing a report pursuant to Article 19-2 (2), become unusable due to change of the allocation of radio frequencies, the Minister of Science and ICT may formulate measures for supporting users (excluding manufacturers, importers, and sellers) of such radio facilities. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The support prescribed in paragraph (1) may be made by fully or partially subsidizing, within the budget, the residual value of broadcasting and communications equipment which becomes unusable due to change of the allocation of radio frequencies, or by modifying or improving such broadcasting and communications equipment to be usable.
(3) The subjects, methods, procedures, etc. for the support prescribed in paragraph (2) shall be determined by Presidential Decree: Provided, That in cases of subsidization, an announcement period, a service life, etc. shall be considered.
(4)  Where the Minister of Science and ICT provides support under paragraph (2), he/she may collect the cost of such support from a person who newly acquires the assignment of radio frequencies, the designation of radio frequencies, or the approval for use of radio frequencies. <Amended by Act No. 14839, Jul. 26, 2017>
(5) The cost of support provided under paragraph (2) and the amount of money collected pursuant to paragraph (4) shall be paid out of and added to the Broadcasting Communications Development Fund.
[This Article Newly Inserted by Act No. 12726, Jun. 3, 2014]
 Article 9-3 (Designation of Unlicensed Radio Equipment Support Center)
(1) To conduct a project for subsidizing, modifying, or improving the broadcasting and communications equipment which becomes unusable due to change of the allocation of radio frequencies under Article 9-2 (2), the Minister of Science and ICT may designate an institution or organization which meets the requirements set by Presidential Decree in terms of professional workforce, facilities, etc. as an unlicensed radio equipment support center (hereafter in this Article referred to as “center”). <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may fully or partially subsidize the expenses incurred by the center in conducting its project, etc. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Where the center falls under any of the following cases, the Minister of Science and ICT may revoke the designation thereof: Provided, That when it falls under subparagraph 1, its designation shall be revoked: <Amended by Act No. 14839, Jul. 26, 2017>
1. When it has obtained designation by fraud or other improper means;
2. When it conducts any of its affairs in violation of terms and conditions of designation;
3. When it no longer meets the designation requirements referred to in paragraph (1);
4. When it obtains support pursuant to this Act by fraud or other improper means, or uses the subsidy for other purposes.
(4) The designation and operation of the center and other necessary matters shall be determined by Presidential Decree, unless otherwise expressly provided for in paragraphs (1) through (3).
[This Article Newly Inserted by Act No. 12726, Jun. 3, 2014]
 Article 10 (Assignment of Radio Frequencies)
(1) Where the Minister of Science and ICT intends to assign radio frequencies, the use of which is determined for any of the following business to a particular person under Article 9, he/she shall publicly notify matters prescribed by Presidential Decree, such as the scope of persons who may apply for the assignment of radio frequencies, the purposes of assigned radio frequencies, technical modes, etc., in consideration of the impacts the relevant assignment of radio frequencies may have on the key communications business, etc.: <Amended by Act No. 10166, Mar. 22, 2010; Act No. 11712, Mar. 23, 2013; Act No. 12726, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017>
1. The key communications business under Article 5 (2) of the Telecommunications Business Act;
2. The CATV broadcasting business under subparagraph 2 (b) of Article 2 of the Broadcasting Act or the signal transmission network business under subparagraph 13 of the same Article.
(2) Notwithstanding paragraph (1), in cases of assigning to a particular person any satellite radio frequencies (referring to radio frequencies used in satellite networks; hereinafter the same shall apply) other than stellite radio frequencies under Article 18-6 (1), from among satellite radio frequencies, and any satellite orbits (hereinafter, both such satellite radio frequency and satellite orbit shall be referred to as a “satellite radio frequency, etc.), it shall not be required to limit the purposes of the satellite radio frequency, etc. to the purposes falling any of the subparagraphs of paragraph (1). In such cases, the Minister of Science and ICT shall, in consideration of the protection, etc, of satellite networks, publicly notify the matters prescribed by Presidential Decree such as the scope of the persons eligible to apply for assignment, the purposes of assigned radio frequencies and technology modes. <Newly Inserted by Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(3) A person who intends to be assigned a radio frequency publicly notified pursuant to paragraph (1) or (2) shall apply for assignment of a radio frequency with the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT may, when assigning radio frequencies, attach any conditions as prescribed by Presidential Decree to prevent monopoly or oligopoly of radio waves resources by the persons to whom radio frequencies will be assigned or other persons who have any such special relationship with them as prescribed by Presidential Decree, and also to promote a proper level of competition. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(5) Where an application under paragraph (3) is inconsistent with any of the matters publicly notified pursuant to paragraph (1) or (2) or where an applicant may be disqualified for reasons listed in Article 13, the Minister of Science and ICT may return the written application. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 11 (Assignment of Radio Frequencies for Consideration)
(1) The Minister of Science and ICT may assign, for consideration, any radio frequencies publicly notified under Article 10 (1) or (2) through price competition: Provided, That he/she may assign the radio frequencies for consideration calculated pursuant to the latter part of paragraph (3), when exceptional circumstances are deemed to exist, such as lack of competitive demand for the relevant radio frequencies: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 12726, Jun. 3, 2014; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. through 3. Deleted. <by Act No. 10393, Jul. 23, 2010>
(2) Where the Minister of Science and ICT assigns radio frequencies pursuant to the main sentence of paragraph (1), he/she may determine a minimum acceptable price, below which no one can be assigned radio frequencies (hereinafter referred to as "reserve price"). <Amended by Act No. 12726, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017>
(3) Where the Minister of Science and ICT assigns radio frequencies pursuant to the proviso to paragraph (1), he/she may do so by examining the matters referred to in the subparagraphs of Article 12 and the impacts that the relevant assignment of radio frequencies may have on the key communications business or satellite networks protection, etc. (limited to cases of assigning satellite radio frequencies). In such cases, the price for assignment of radio frequencies shall be computed by considering the economic value of radio frequencies, such as the turnover expected from the business for which the radio frequencies are assigned, and radio frequencies and bandwidth subject to the assignment. <Amended by Act No. 12726, Jun. 3, 2014; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT may require a person applying for assignment of radio frequencies pursuant to Article 10 (3) to pay a security deposit as classified in the following at the time he/she applies for the assignment of radio frequencies: <Amended by Act No. 12726, Jun. 3, 2014; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. When assigning radio frequencies pursuant to the main sentence of paragraph (1) (limited to where a reserve price has been set): the value of a security deposit prescribed by Presidential Decree up to 10/100 of the reserve price;
2. When assigning radio frequencies pursuant to the proviso to paragraph (1): the value of a security deposit prescribed by Presidential Decree up to 10/100 of the price for assignment of radio frequencies under the latter part of paragraph (3).
(5) The Minister of Science and ICT shall transfer a security deposit paid under paragraph (4) to the revenue of the Broadcasting Communications Development Fund or the Information and Communications Promotion Fund if the person who has applied for assignment of radio frequencies withdraws his/her application after the relevant application period for the assignment, returns the assigned radio frequencies without using them or engages in price competition by collusion or other improper means. <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) The price for assignment of radio frequencies paid by any person who has been assigned radio frequencies under paragraph (1) shall be the revenue of the Broadcasting Communications Development Fund and the Information and Communications Promotion Fund. <Amended by Act No. 10393, Jul. 23, 2010>
(7) Necessary matters concerning the methods of computing the price for assignment of radio frequencies, the collection procedures, the methods of determining the reserve price and the distribution of revenues under paragraphs (5) and (6) shall be prescribed by Presidential Decree. <Amended by Act No. 10393, Jul. 23, 2010>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 12 (Assignment of Radio Frequencies through Beauty Contest)
With respect to the radio frequencies publicly notified in accordance with Article 10 (1) or (2), the Minister of Science and ICT shall, where it does not assign the radio frequencies, as prescribed in Article 11, assign such radio frequencies after beauty contest falling under the following: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. The efficiency of the use of spectrum resources;
2. The applicant's financial capability;
3. The applicant's technical capability;
4. Characteristics of radio frequencies to be assigned or other matters necessary for the use of radio frequencies.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 13 (Disqualification from Assignment of Radio Frequencies)
None of the following persons shall be assigned radio frequencies: <Amended by Act No. 10166, Mar. 22, 2010>
1. Any person who is disqualified from establishing any radio station under Article 20 (1);
2. Any person who intends to run a key communications business and is disqualified from the authorization for a key communications business under Article 7 of the Telecommunications Business Act;
3. Any person who intends to run a CATV broadcasting business or a signal transmission network business and is disqualified from obtaining a license for a CATV broadcasting business or from registering a signal transmission network business under Article 13 of the Broadcasting Act.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 14 (Right to Use Radio Frequencies)
(1) Any person who has been assigned a radio frequency under Article 11 shall hold the right (excluding the right to use satellite radio frequency under Article 41; hereinafter referred to as “right to use a radio frequency) to exclusively use the radio frequencies concerned. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 13588, Dec. 22, 2015>
(2) Any person who has been assigned radio frequencies under Article 11 may transfer or lease the right to use radio frequencies after the period prescribed by Presidential Decree elapses: Provided, That in cases where any cause or event prescribed by Presidential Decree, such as bankruptcy or a drastic change in economic conditions, arises in relation to a person who has been assigned radio frequencies, he/she may transfer or lease his/her right to use the radio frequencies prior to the end of such period. <Amended by Act No. 9128, Jun. 13, 2008>
(3) Any person who intends to transfer or lease the right to use radio frequencies under paragraph (2) shall obtain approval from the Minister of Science and ICT in advance, as prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Where granting approval under paragraph (3), the Minister of Science and ICT shall take into account the matters referred to in the subparagraphs of Article 12 and may attach conditions necessary for the efficient and fair use of spectrum resources. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) Any person who has been granted approval for transfer of the right to use radio frequencies under paragraph (3) shall succeed to the status of the person who has been assigned the radio frequencies under Article 11 and that of the authorized person (limited to the cases where a person who has been assigned radio frequencies has obtained authorization or filed a report to establish a radio station). <Amended by Act No. 7815, Dec. 30, 2005; Act No. 8776, Dec. 21, 2007>
(6) Article 13 shall apply mutatis mutandis to the disqualification of any person who intends to transfer or lease the right to use radio frequencies. <Amended by Act No. 9128, Jun. 13, 2008>
(7) Notwithstanding paragraph (3), any person who has taken over all or part of the business of a key telecommunications business entity having the right to use radio frequencies after authorized by the Minister of Science and ICT pursuant to Article 18 of the Telecommunications Business Act or who has merged with a corporation which is a key telecommunications business entity, shall succeed to the status as the person who has been assigned the relevant radio frequencies. <Newly Inserted by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(8) Where a person who has obtained approval pursuant to paragraph (3) falls under any of the following, the Minister of Science and ICT may issue a corrective order for corrective measures or cancel the approval: Provided, That in cases falling under paragraph (1) or (4), the Minister shall cancel the approval: <Newly Inserted Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. Obtaining approval by fraud or other improper means;
2. Failing to comply with or violating any of approval conditions under paragraph (4);
3. Violating such purposes of the radio frequencies or such technical modes as publicly notified pursuant to Article 10 (1);
4. Failing to comply with the corrective order under the main sentence of this Article.
(9) Detailed standards for corrective orders or approval cancellation under paragraph (8), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted Act No. 13588, Dec. 22, 2015>
 Article 15 (Period for Use of Assigned Radio Frequencies)
(1) The Minister of Science and ICT shall determine a use period within the scope of 20 years for the radio frequencies assigned under Article 11, and within the scope of ten years for the radio frequencies assigned under Article 12, taking into account circumstances surrounding the use of radio frequencies. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(2) The right to use an assigned radio frequency shall be extinguished when the use period under paragraph (1) has elapsed. <Newly Inserted Act No. 13588, Dec. 22, 2015>
(3) The use period of any radio frequency taken over pursuant to Article 14 (2) shall be the remainder of the use period under paragraph (1). <Amended by Act No. 13588, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 15-2 (Revocation of Assignment of Radio Frequencies)
(1) The Minister of Science and ICT may revoke an assignment of radio frequencies where the person who has been assigned radio frequencies under Articles 11 and 12 falls under any of the following cases: Provided, That the assignment of radio frequencies shall be revoked in cases falling under subparagraph 1: <Amended by Act No. 10166, Mar. 22, 2010; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 12726, Jun. 3, 2014; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. Where the recipient is assigned the radio frequencies by fraud or other improper means;
2. Where the recipient who is assigned radio frequencies under Articles 11 and 12 is subject to revocation of his/her authorization for key communications business under Article 20 of the Telecommunications Business Act, or revocation of his/her license for CATV broadcasting business, or his/her registration for signal transmission network business is revoked under Article 18 of the Broadcasting Act;
3. Where the recipient who is assigned radio frequencies violates the usage of frequency or technical mode publicly notified under Article 10 (1) or (2);
4. Where the recipient who is assigned radio frequencies fails to comply with any of the conditions attached under Article 10 (4);
5. Where the recipient who is assigned radio frequencies under Article 11 (1) fails to pay the price for such assignment.
(2) The Minister of Science and ICT may order rectification only once before revoking the assignment of radio frequencies under paragraph (1) (excluding subparagraph 1). <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Deleted. <by Act No. 9482, Mar. 13, 2009>
[This Article Newly Inserted by Act No. 9128, Jun. 13, 2008]
 Article 16 (Reassignment)
(1) The Minister of Science and ICT may reassign the radio frequencies the use period of which expires to the relevant frequency user at the time of expiration of their use period: Provided, That the same shall not apply to any of the following cases: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. Where the frequency user does not want such reassignment;
2. Where it is necessary to use the radio frequencies at issue for the purposes of national defense, public safety and the rescue of people in trouble;
3. Where the International Telecommunication Union has allocated the radio frequencies at issue for other services or usages;
4. Where the frequency user violates any condition under Article 10 (4).
(2) Where the Minister of Science and ICT intends to make a reassignment under paragraph (1), he/she may have any interested parties submit their opinions. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Where the Minister of Science and ICT decides not to make any reassignment in the case of paragraph (1) 2 or 3, intends to reassign the radio frequencies which have been assigned pursuant to Article 12 for consideration under the proviso to Article 11 (1), or intends to attach any other new condition, he/she shall notify the user of such radio frequencies of such fact one year prior to the expiration of the use period. <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Paragraphs (2) through (5) (excluding provisions governing cases where the radio frequencies are assigned for consideration through price competition) shall apply mutatis mutandis to reassignment in return for the price for assignment of radio frequencies under the proviso to Article 11 (1), and Article 12 shall apply mutatis mutandis to other cases. <Amended by Act No. 10393, Jul. 23, 2010>
(5) In case of reassigning the radio frequencies, the conditions referred to in Article 10 (4) may be attached thereto. <Amended by Act No. 13588, Dec. 22, 2015>
(6) Matters necessary for procedures, methods, etc. of reassignment under the provisions of paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Newly Inserted Act No. 13588, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 16-2 (Additional Assignment)
When any person who has already been assigned radio frequencies applies for radio frequencies of the same use and technology as the ones he/she has already been assigned, the Minister of Science and ICT may assign radio frequencies pursuant to Article 11 or 12. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 17 (Alteration of Status)
(1) If the Minister of Science and ICT deems the radio frequencies assigned after examination pursuant to Article 12 to have significant economic value and technological influence or otherwise deems it necessary to advance the fields related to radio waves, it may alter the status of the person who has been assigned the radio frequencies to the person who has been assigned the radio frequencies for consideration under Article 11. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) With respect to a person who intends to have his/her assigned radio frequencies altered under paragraph (1), the Minister of Science and ICT may require him/her to pay the amount computed according to the standards prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Deleted. <by Act No. 8776, Dec. 21, 2007>
(4) Articles 10 (4) and 11 (6) shall apply mutatis mutandis to the alteration of status referred to in paragraph (1). <Amended by Act No. 9128, Jun. 13, 2008; Act No. 13588, Dec. 22, 2015>
(5) Matters necessary for the procedures, etc. for the alternation of status under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008>
 Article 18 (Ledger of Rights to Use Radio Frequencies)
(1) The Minister of Science and ICT shall keep and manage a ledger of matters relating to the right to use radio frequencies (hereinafter referred to as "ledger of rights to use radio frequencies") to efficiently manage the rights to use radio frequencies, as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Any person who intends to inspect, or to obtain a copy of, the ledger of rights to use radio frequencies shall file an application therefor with the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) The ledger managing right to use radio frequencies under paragraph (1) shall be maintained and managed in an electronic method unless there is any compelling reason to believe that electronic processing is impracticable.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 18-2 (Applications for Approval for Use of Radio Frequencies)
(1) Where the Minister of Science and ICT deems it necessary to use specific radio frequencies for security or diplomatic purposes, or for international or national events, etc., he/she may grant approval for the use of the radio frequencies (including approval for the use of satellite orbits, in case of approval for the use of satellite radio frequencies). <Amended by Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(2) Any person who intends to obtain approval for use of radio frequencies pursuant to paragraph (1) shall file an application with the Minister of Science and ICT, as prescribed by Presidential Decree. The same shall also apply to any modification to the matters for which the approval for use of radio frequencies has been acquired. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Upon receipt of an application filed under paragraph (2), the Minister of Science and ICT shall examine efficiency in the use of spectrum resources, possibility of using radio frequencies, radio wave interference, etc., and if the results of such examination are acceptable, he/she shall approve the use of radio frequencies and issue a certificate of use approval which shall contain the following matters: <Amended by Act No. 13519, Dec. 1, 2015; Act No. 14839, Jul. 26, 2017>
1. Type of radio waves, occupied bandwidth, and frequency;
2. Antenna supply power (referring to the electronic power supplied to antenna feeders; hereinafter the same shall apply);
3. Type, configuration, and gain of antennas.
(4) Where a person who has obtained approval for use of radio frequencies under paragraph (3) discontinues using the relevant radio frequencies due to a discontinued operation of a radio station, etc., he/she shall without delay return the relevant radio frequencies to the Minister of Science and ICT, notwithstanding the effective term prescribed in Article 22. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 12726, Jun. 3, 2014]
 Article 18-3 (Revocation of Approval for Use of Radio Frequencies)
(1) Where a person who has obtained approval for use of radio frequencies under Article 18-2 falls under any of the following cases, the Minister of Science and ICT may order the correction of a corresponding violation or revoke the approval for use of radio frequencies: <Amended by Act No. 14839, Jul. 26, 2017>
1. When he/she operates a radio station beyond the frequency range approved for use pursuant to Article 18-2 (3);
2. When he/she fails to return the frequency that he/she discontinues using after obtaining approval for use for that frequency under Article 18-2 (3), as required by paragraph (4) of the same Article;
3. When he/she refuses or obstructs an inspection conducted under Article 24 (8);
4. When he/she fails to submit a test report prescribed in Article 25 (4).
(2) Detailed standards concerning corrective orders or revocation of approval for use of radio frequencies prescribed in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12726, Jun. 3, 2014]
 Article 18-4 (Designation of Radio Frequencies)
When allowing the use of a radio frequency other than through assignment of radio frequencies under Article 10 and approval for the use of radio frequencies under Article 18-2, the Minister of Science and ICT may designate (including the designation of a satellite orbit in case of designating a satellite radio frequency) a radio frequency which a radio station will use by establishing a radio station under Articles 19 and 19-2. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No.13588, Dec. 22, 2015]
 Article 18-5 (Submission of Medium- and Long-Term Plans for Use of Radio Frequencies for Public Purposes)
The head of a central administrative agency (referring to a central administrative agency established pursuant to the Government Organization Act or other Act; hereinafter the same shall apply in this Article and Article 18-9) shall submit the followings to the Minister of Science and ICT by January 31 of each year: <Amended by Act No. 14839, Jul. 26, 2017>
1. A mid-term plan related to radio frequencies for public purposes under Article 18-6 (1) out of written mid-term plans to be submitted to the Minister of Economy and Finance pursuant to Article 28 of the National Finance Act;
2. An opinion of the relevant central administrative agency on the priorities among demands for radio frequencies.
[This Article Newly Inserted by Act No.13588, Dec. 22, 2015]
 Article 18-6 (Establishment of Radio Frequency Supply and Demand Plan for Public Purposes)
(1) In order to efficiently supply the radio frequencies on demand that a relevant central administrative government, local governments and other agency or organization prescribed by Presidential Decree (hereinafter referred to as “relevant central administrative agency, etc.”) intend to use for public purposes (hereinafter referred to as “radio frequencies for public purposes”) such as the performance of their duties, researches, etc., the Minister of Science and ICT shall establish a radio frequency supply and demand plan for public purposes every year. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The head of a relevant central administrative agency, etc. shall formulate and submit a written plan for the next year’s use of radio frequencies for public purposes to the Minister of Science and ICT March 31 every year.
(3) The Minister of Science and ICT shall assess the appropriateness of the written use plan submitted pursuant to paragraph (2). <Amended by Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT shall, if he/she deems that the written use plan under paragraph (2) falls under any of the following, consult and coordinate with the policy council on radio frequencies for public purposes under Article 18-9 (1) when performing an appropriateness assessment under paragraph (3): <Amended by Act No. 14839, Jul. 26, 2017>
1. In such cases as prescribed by Presidential Decree, within the scope where the bandwidth of radio frequencies is not lower than 1㎒;
2. Where there is any person who has an interest in the use of the relevant radio frequencies;
3. Where the Minister of Science and ICT deems it necessary to consult and coordinate with the Policy Council on Radio Frequencies for Public Purposes under Article 18-9 (1).
(5) The Minister of Science and ICT shall notify the head of a relevant central administrative agency, etc. of the next year’s radio frequency supply and demand plan for public purposes which is established pursuant to paragraph (1), by December 31 of each year. <Amended by Act No. 14839, Jul. 26, 2017>
(6) In addition to the matters provided for in paragraphs (2) through (5), detailed matters necessary for the establishment of the radio frequency supply and demand plan for public purposes shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No.13588, Dec. 22, 2015]
 Article 18-7 (Alteration of Radio Frequency Supply and Demand Plan for Public Purposes)
(1) The head of a relevant central administrative agency, etc. shall, where any special reason arises to urgently use a radio frequency for public purposes, submit to the Minister of Science and ICT a written request for alteration of the radio frequency supply and demand plan for public purposes (hereinafter referred to as “written request for alteration” in this Article) which is prescribed by Ordinance of the Ministry of Science and ICT. In such cases, the procedures under Article 18-6 (3) and (4) shall apply mutatis mutandis to the appropriateness assessment of the relevant written request for alteration. <Amended by Act No. 14839, Jul. 26, 2017>
(2) If a request for alteration is deemed appropriate on any special ground or otherwise as a result of assessment of the appropriateness under the latter part of paragraph (1), the Minister of Science and ICT shall alter the radio frequency supply and demand plan. <Amended by Act No. 14839, Jul. 26, 2017>
(3) In addition to the matters provided for in paragraphs (1) and (2), detailed matters necessary for the alteration of a radio frequency supply and demand plan shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No.13588, Dec. 22, 2015]
 Article 18-8 (Designation of Institutions for Investigation and Analysis of Properness of Radio Frequencies for Public Purposes)
(1) The Minister of Science and ICT may, if necessary to efficiently conduct assessments under Article 18-6 (3) and the latter part of Article 18-7 (1), designate institutions or organizations meeting the requirements determined by Presidential Decree, such as expert personnel and facilities necessary for the investigation and analysis of the needs and status of the use of radio frequencies as institutions for the investigation and analysis of appropriateness of radio frequencies for public purposes. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may provide a subsidy to cover all or some of the expenses necessary for projects, etc. of the institutions for the investigation and analysis of appropriateness of radio frequencies for public purposes under paragraph (1). <Amended by Act No. 14839, Jul. 26, 2017>
(3) Where an institution for the investigation and analysis of appropriateness of radio frequencies for public purposes falls under any of the following, the Minister of Science and ICT may cancel the designation of that institution: Provided, That the Minister shall cancel the designation thereof in case falling under subparagraph 1: <Amended by Act No. 14839, Jul. 26, 2017>
1. Designated by fraud or other improper means;
2. Performing its business affairs in violation of any of designated matters;
3. Ceasing to meet the designation requirements under paragraph (1);
4. Given support under this Act by fraud or other improper means or using the supported expenses for any other purpose.
(4) In addition to matters provided for in paragraphs (1) through (3), other matter necessary for the designation, operation, etc, of institutions for the investigation and analysis of appropriateness of radio frequencies for public purpose shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No.13588, Dec. 22, 2015]
 Article 18-9 (Policy Council on Radio Frequencies for Public Purposes)
(1) There shall be established the Policy Council on Radio Frequencies for Public Purposes (hereinafter referred to as the “Policy Council”) under the Ministry of Science and ICT to consult and coordinate the following matters related to reasonable supply schemes for radio frequencies for public purposes: <Amended by Act No. 14839, Jul. 26, 2017>
1. Assessment of the appropriateness of a written use plan under Article 18-6 (3) and (4);
2. Priorities in supplying radio frequencies for public purposes;
3. Matters that the Minister of Science and ICT considers it necessary for the Policy Council to discuss in connection with the supply of radio frequencies for public purposes.
(2) The Vice Minister of Science and ICT shall be the Chairperson of the Policy Council, and those persons designated by the heads of the agencies to which they belong from among public officials belonging to the Senior Civil Service Corps or public officials of Glade III or higher in local governments shall be the members thereof. <Amended by Act No. 14839, Jul. 26, 2017>
(3) The Policy Council may, where discussion on any matter is necessary, request the persons concerned or experts to attend a meeting of the Policy Council, for the purpose of hearing their opinions.
(4) In addition to the matters provided for in paragraphs (1) through (3), other matters necessary for the composition and operation of the policy council shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No.13588, Dec. 22, 2015]
CHAPTER IV USE OF SPECTRUM RESOURCES
SECTION 1 Authorization for and Operation of Radio Stations
 Article 19 (Establishment of Radio Stations after Obtaining Authorization)
(1) Any person who intends to establish a radio station shall obtain authorization from the Minister of Science and ICT, as prescribed by Presidential Decree. The same shall apply when any person intends to change any matter specified by Presidential Decree, among the permitted matters: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. through 3. Deleted. <by Act No. 10393, Jul. 23, 2010>
(2) Notwithstanding the former part of paragraph (1), if a person who intends to establish a radio station to receive telecommunications services under subparagraph 6 of Article 2 of the Telecommunications Business Act as specified by Presidential Decree enters into a service contract with a person who renders such telecommunications services, the radio station concerned shall be deemed to be granted authorization by the Minister of Science and ICT. In such cases, the latter part of paragraph (1), Articles 22, 24, 25-2, and subparagraph 2 of Article 69 (1) shall not apply. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10166, Mar. 22, 2010; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) When any operator of telecommunications business has entered into a service contract with a person who intends to establish a radio station under paragraph (2), he/she shall notify the Minister of Science and ICT of the number of subscribers who have newly entered into a service contract and the total number of subscribers, as prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Deleted. <by Act No. 10393, Jul. 23, 2010>
(5) Notwithstanding paragraph (1), any person who has obtained approval from the Minister of Science and ICT for use of radio frequencies, as prescribed by Presidential Decree, may establish a radio station. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) Deleted. <by Act No. 10393, Jul. 23, 2010>
 Article 19-2 (Establishment of Radio Stations after Filing Report)
(1) Notwithstanding Article 19 (1), if any person intends to establish any of the following radio stations that are specified by Presidential Decree as not requiring to restrict their radio frequencies or antenna supply power in order to prevent radio wave interference between nations or regions, or that are not established for the purpose of safety of life, etc., the person shall report to the Minister of Science and ICT. The same shall also apply when the person intends to change the matters specified by Presidential Decree from among the reported matters: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13519, Dec. 1, 2015; Act No. 14839, Jul. 26, 2017>
1. Radio stations that have weak radio waves or that do not need installation and maintenance of radio facilities;
2. Radio stations exclusively used for reception;
3. Radio stations established by a person who has been assigned radio frequencies under Article 11 or 12, to provide telecommunications services;
4. Radio stations established for the digital multimedia broadcasting under subparagraph 1 (d) of Article 2 of the Broadcasting Act.
(2) Notwithstanding paragraph (1), a person may establish a radio station specified by Presidential Decree, including radio stations which have week radio waves, without filing a report with the Minister of Science and ICT. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 20 (Disqualification from Establishment of Radio Stations)
(1) Any of the following persons may not establish any radio station: Provided, That the same shall not apply where radio stations are established under Articles 19 (2), 19-2 (1) 1 and 2, and Article 19-2 (2): <Amended by Act No. 7815, Dec. 30, 2005; Act No. 8776, Dec. 21, 2007; Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 13588, Dec. 22, 2015>
1. A person whose nationality is not the Republic of Korea;
2. Any foreign government or its representative;
3. Any foreign corporation or foreign organization;
4. A person for whom two years have not passed since his/her imprisonment without labor or a heavier punishment declared by a court for violating this Act was completely executed or the non-execution of such execution has become final;
5. A person who is under suspension of the execution of his/her imprisonment without labor or a heavier punishment declared by a court for violating this Act;
6. A person who has been sentenced to a punishment for committing the crime of insurrection and foreign aggression under the Criminal Act, the crime of serving the interest of the enemy under the Military Criminal Act, or the crime of violating the National Security Act, and for whom two years have not passed since such sentence was completely executed or the non-execution thereof has become final;
7. A person for whom authorization to establish a radio station has been revoked under Article 72 (2) or who has been ordered to discontinue the operation of the radio station for which a report on establishment was filed and the relevant ground continues to exist;
8. A juristic person or organization the representative of which falls under any of subparagraphs 4 through 7.
(2) The provisions of paragraph (1) 1 through 3 shall not apply to any of the following radio stations: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14116, Mar. 29, 2016; Act No. 14839, Jul. 26, 2017>
1. An experimental radio station (referring to a radio station used exclusively for conducting experiments for the development of science or technology; hereinafter the same shall apply);
2. A radio station of a ship under the Ship Safety Act, the Fishing Vessels Act, or the Water-Related Leisure Activities Safety Act;
3. A radio station operated for the domestic aviation of aircraft for which authorization has been granted under the proviso to Article 101 of the Aviation Safety Act and Article 55 of the Aviation Business Act;
4. Any of the following radio stations whose establishment in any foreign nation by the government, representatives or citizens of the Republic of Korea has been authorized by such foreign nation in the same manner as such foreign nation does for its government, representatives or citizens in its territory:
(a) A radio station established in a diplomatic mission such as an embassy in which diplomatic and consular affairs of a foreign nation are carried out in the Republic of Korea for communications between specific points;
(b) An amateur radio station (referring to a radio station used exclusively for self-training and technical research out of a personal interest in wireless technology; hereinafter the same shall apply);
(c) A radio station which renders ground mobile services and is prescribed by Presidential Decree;
5. A radio station authorized by the Minister of Science and ICT only during a period of international or national events held within the Republic of Korea;
6. An amateur radio station established by any of the following persons:
(a) A person who has acquired the qualification of an amateur radio operator of the Republic of Korea granted under Article 70;
(b) A person who intends to operate a radio station during his/her temporary stay in the Republic of Korea after obtaining recommendation from an organization designated by the Minister of Science and ICT (limited to any person who has acquired the qualification of an amateur radio operator in his/her country);
7. A radio station which is established in an aircraft or a ship for offering telecommunications services in the relevant aircraft or ship entering or leaving the Republic of Korea.
 Article 20-2 (Conditions for Establishing Radio Stations)
(1) Each radio station shall satisfy the following conditions for establishment:  <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11712, Mar. 23, 2013; Act No. 13519, Dec. 1, 2015; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. The content of communications shall be appropriate for the purpose of establishment;
2. The radio facilities (excluding the radio facilities falling under any of the following items) shall not be provided to persons other than the authorized person:
(a) Radio facilities of a radio station, which carries out emergency communications under Article 25 (2) 4;
(b) Radio facilities of a space station, which are transferred or leased out to any third party under Article 42-2 (1);
(c) Radio facilities of a radio station, which are leased to any third party under Article 48 (1);
(d) Radio facilities of a radio station, which is established for smooth communications between persons who are closely related for business, as recognized by the Minister of Science and ICT;
3. No purpose of establishment, content of communications, nor selection of correspondents shall violate any statute or regulation;
4. The minimum radio frequencies and antenna supply power necessary for the achievement of the purpose of establishment shall be used;
5. The radio facilities shall be installed at a place that does not cause any impediment to the human life, property and safety of aircraft;
6. No radio station shall cause any inference to the operation of other radio stations already established.
(2) Necessary matters concerning the conditions for establishment according to the classification of radio stations under paragraph (3), other than those under paragraph (1), shall be prescribed by Presidential Decree. <Amended by Act No. 10393, Jul. 23, 2010>
(3) Matters concerning the affairs of radio stations and the classification of radio stations shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10393, Jul. 23, 2010>
[This Article Newly Inserted by Act No. 8776, Dec. 21, 2007]
 Article 21 (Procedures for Granting Authorization to Establish Radio Stations)
(1) Any person who intends to obtain authorization to establish a radio station under Article 19 (1) or change permitted matters (hereinafter referred to as "authorization for change") shall file an application for such authorization with the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT, upon receipt of an application for authorization under paragraph (1), shall examine the following: <Amended by Act No. 8776, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Whether the designation of radio frequencies is possible;
2. Whether the radio facilities to be installed or operated are in conformity with the technical requirements under Article 45;
3. Whether plans for placing operators are in conformity with the standards for the qualification and placement of a fixed number of persons engaged in wireless work under Article 71;
4. Whether establishing the radio station is in conformity with Article 20-2.
(3) When the Minister of Science and ICT deems it necessary to conduct an examination referred to in paragraph (2), he/she may require the applicant to furnish data or seek his/her opinion. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT shall, if he/she deems an application is appropriate as a result of the examination conducted under paragraph (2), grant the applicant authorization to establish a radio station or authorization for change and issue a certificate of authorization stating the deadline for completing the construction of the radio station and other matters prescribed by Presidential Decree, to the applicant. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) When the Minister of Science and ICT grants authorization to establish a radio station or authorization for change prescribed by Presidential Decree, he/she shall publicly notify such fact as prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 22 (Effective Terms of Approval for Use of Radio Frequencies and Authorization to Establish Radio Stations)
(1) The effective term of approval for use of radio frequencies under Article 18-2 (3), and that of authorization to establish a radio station under Article 19 (1) shall be set by Presidential Decree within the period of up to ten years, and seven years, respectively; and when the relevant period expires, such approval or authorization may be renewed. <Amended by Act No. 12726, Jun. 3, 2014>
(2) Notwithstanding paragraph (1), the effective term of authorization to establish either a radio station (hereinafter referred to as “mandatory ship station”) which is to be mandatorily established in a ship pursuant to the Ship Safety Act, the Fishing Vessels Act or the Water-Related Leisure Activities Safety Act, or a radio station (hereinafter referred to as “mandatory aircraft station”) which is to be mandatorily established in an aircraft or light aircraft pursuant to the Aviation Safety Act shall be indefinite. <Amended by Act No. 13588, Dec. 22, 2015; Act No. 14116, Mar. 29, 2016>
(3) The effective term of approval or authorization under paragraph (1) shall be reckoned from the following applicable dates: <Amended by Act No. 12726, Jun. 3, 2014>
1. For the approval for use of radio frequencies: the date on which the relevant approval is granted pursuant to Article 18-2 (3);
2. For the authorization to establish a radio station: the date on which an inspection certificate is issued under the main sentence of Article 24 (3): Provided, That in the case of the authorization to establish a radio station referred to in the subparagraphs of Article 24-2 (1), the effective term shall be reckoned from the date on which the relevant authorization is granted.
(4) Procedures for renewing approval or authorization under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 12726, Jun. 3, 2014>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 22-2 (Procedures for Reporting Establishment of Radio Stations)
(1) Any person who intends to report the establishment of a radio station pursuant to the former part of Article 19-2 (1) shall file a report with the Minister of Science and ICT before establishing the radio station. The same shall apply when any person files a report to change any reported matters (hereinafter referred to as "report on change"). <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) When the Minister of Science and ICT receives a report on the establishment of a radio station or a report on change under paragraph (1), he/she shall issue a certificate of report on a radio station. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 23 (Succession to Status of Authorized Persons)
(1) Any of the following persons shall succeed to the status of the authorized person (excluding any person succeeding to the status of the authorized person under Article 14 (5); hereafter in this Article the same shall apply): <Amended by Act No. 8776, Dec. 21, 2007; Act No. 9128, Jun. 13, 2008>
1. The transferee, where the authorized person transfers his/her radio station related to his/her business while transferring his/her business;
2. A corporation surviving the merger or resulting from the consolidation where the corporation that is an authorized person is merged or consolidated;
3. The heirs, where the authorized person is deceased;
4. A person who operates a ship or an aircraft where there is a change in the operator of the ship or aircraft equipped with a radio station due to the transfer of the ownership of, or a lease contract, etc. for such ship or such aircraft.
(2) Any person falling under paragraph (1) 1 or 2 shall obtain authorization from the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That in cases of an authorized person of a broadcasting station for terrestrial broadcasting business, he/she shall gain authorization from the Korea Communications Commission as prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Any person who falls under paragraph (1) 3 or 4, or any other person who intends to succeed a radio station prescribed by Presidential Decree shall file a report thereon with the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That in cases of an authorized person of a broadcasting station for terrestrial broadcasting business, he/she shall report to the Korea Communications Commission as prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT shall notify an applicant of whether to grant authorization within seven days from the date he/she receives application for authorization under the main sentence of paragraph (2). <Newly Inserted by Act No. 15373, Feb. 21, 2018>
(5) Where the Minister of Science and ICT fails to notify an applicant of whether the authorization is granted or of an extension of the processing period under the statutes or regulations concerning treatment of civil petitions, within the period prescribed in paragraph (4), the authorization shall be deemed granted on the day following the expiry date of the period (referring to the relevant processing period if the processing period has been extended or re-extended under the statutes or regulations concerning treatment of civil petitions). <Newly Inserted by Act No. 15373, Feb. 21, 2018>
(6) Article 20 shall apply mutatis mutandis to the disqualification from authorization under paragraph (2) and from report under paragraph (3). <Amended by Act No. 9128, Jun. 13, 2008; Act No. 15373, Feb. 21, 2018>
(7) Where at least two persons succeed to the status of the authorized person through a corporate merger or inheritance, one of such persons shall be selected as the representative. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 15373, Feb. 21, 2018>
 Article 24 (Inspections)
(1) If the installation of radio facilities is completed, any of the following persons shall file a completion report with the Minister of Science and ICT, and undergo an inspection to determine whether the radio facilities installed are in conformity with the technical requirements and the standards for the qualification and placement of a fixed number of operators (hereinafter referred to as "completion inspection"): Provided, That the Minister of Science and ICT may inspect samples of the radio stations that can be established after filing a report thereon under Article 19-2 (1) 3 (hereinafter referred to as "sampling inspection"), when Presidential Decree so prescribes: <Amended by Act No. 8776, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Any person who has obtained authorization for establishment or authorization for change under Article 21 (4);
2. Any person who has filed a report on the establishment of a radio station under Article 19-2 (1) 3 or 4 or a report on change under Article 22-2 (1).
(2) Upon receipt of an application for extending the deadline for completing the work stated in a certificate of authorization or certificate of report on a radio station from a person falling under any subparagraph of paragraph (1), the Minister of Science and ICT may extend such deadline when the relevant ground for extension is deemed suitable. In such cases, the total extended period shall not exceed one year. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) When radio facilities are found to conform with the technical requirements under Article 45 and the qualification and a fixed number of persons engaged in wireless work are found to conform with the standards for the qualification and placement of a fixed number of operators under Article 71 as a result of an inspection conducted under paragraph (1), (5) or (8), the Minister of Science and ICT shall issue without delay an inspection certificate to the person who has undergone the inspection: Provided, That if the outcomes of inspection of a radio station fails to conform with the standards, the radio station shall undergo reinspection within a deadline prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT shall conduct regular inspections of any of the following radio stations at intervals of up to five years as prescribed by Presidential Decree for each radio station: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. A radio station, the establishment of which has been authorized under Article 21 (4);
2. A radio station, the establishment of which has been reported under Article 22-2 (1) (limited to radio stations falling under Article 19-2 (1) 3 or 4).
(5) When any domestic ship or aircraft equipped with a radio station is about to sail or fly out of the country to any foreign destination or it is deemed especially necessary to efficiently use or control radio waves, the Minister of Science and ICT may inspect the technical requirements for radio facilities, the qualification and a fixed number of operators and other necessary matters. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) Deleted. <by Act No. 10393, Jul. 23, 2010>
(7) In cases prescribed by Presidential Decree, such as where the outcomes of the sampling inspections of radio stations under the proviso to the main sentence of paragraph (1) indicates the failure rate exceeding a certain threshold, radio stations which have not undergone such sampling inspections shall undergo an inspection under the main sentence of paragraph (1). <Newly Inserted by Act No. 10393, Jul. 23, 2010>
(8) The Minister of Science and ICT may inspect whether a radio station established upon obtaining approval for use of radio frequencies pursuant to Article 19 (5) has been established and operated in accordance with a certificate of use approval, if necessary for efficiently using or managing radio waves. <Newly Amended by Act No. 12726, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017>
(9) The objects, times, methods and procedures of inspections under paragraphs (1), (4), (5) and (8) and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10393, Jul. 23, 2010; Act No. 12726, Jun. 3, 2014; Act No. 13588, Dec. 22, 2015>
 Article 24-2 (Exemption from Inspection)
(1) Notwithstanding Article 24 (1), the Minister of Science and ICT may exempt any of the following radio stations from completion inspection or omit such inspection: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Radio stations established in a fishing vessel, small radio stations, and amateur radio stations, as prescribed by Presidential Decree;
2. Radio stations for which authorization is renewed under Article 22 (1);
3. Radio stations that do not need installation and maintenance of radio facilities or that are simple stations, as prescribed by Presidential Decree;
4. Radio stations of ships or airplanes, which fail to arrive at destinations in the Republic of Korea after obtaining authorization in foreign countries;
5. Radio stations under Article 20 (2) 7, of which the authorized person is a foreigner.
(2) Notwithstanding Article 24 (4), if a ship or airplane on which a radio station is built is navigating in foreign countries at the time of a regular inspection or if it is otherwise deemed that a regular inspection is not required for a radio station, the Minister of Science and ICT may delay the regular inspection, exempt the radio station from the inspection, or omit the inspection. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 25 (Operation of Radio Stations)
(1) Radio stations that requires a completion inspection under Article 24 (1) shall go into operation after undergoing such completion inspection: Provided, That the same shall not apply where radio stations are exempt from the completion inspection or such inspection is omitted under Article 24-2 (1). <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010>
1. through 5. Deleted. <by Act No. 10393, Jul. 23, 2010>
(2) Each radio station shall be operated in compliance with terms and conditions stated in the certificate of use approval under Article 18-2 (3), the certificate of authorization under Article 21 (4) or the certificate of report on a radio station under Article 22-2 (2): Provided, That the same shall not apply to any of the following communications: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 12726, Jun. 3, 2014>
1. Distress communications (referring to radio communications made after sending out distress signals where any ship or aircraft is in a grave, impending crisis; hereinafter the same shall apply);
2. Emergency communications (referring to radio communications made after sending out emergency signals where any ship or aircraft is likely to face a grave and impending danger and a tense situation occurs; hereinafter the same shall apply);
3. Safety communications (referring to radio communications made after sending out safety signals to prevent any grave danger for any navigating ship and aircraft; hereinafter the same shall apply);
4. Emergency communications (referring to radio communications made to rescue human lives, give disaster relief, secure traffic communications or maintain order in cases where an emergency situation occurs or is likely to occur following an earthquake, typhoon, flood, tidal wave or fire, or wire communications are unavailable or it is difficult to use such wire communications; hereinafter the same shall apply);
5. Other communications prescribed by Presidential Decree.
(3) Notwithstanding paragraph (1), radio stations referred to in Article 19-2 (1) 3 may be operated after filing a report on completion: Provided, That the operation of a radio station shall be suspended and reinspection shall be conducted within a deadline prescribed by Presidential Decree, if the radio station fails the inspection conducted under Article 24 (1). <Newly Inserted by Act No. 8776, Dec. 21, 2007; Act No. 10393, Jul. 23, 2010>
(4) The Minister of Science and ICT may require a person who has established a radio station upon obtaining approval for use of radio frequencies under Article 19 (5) to submit a test report stating the occupied bandwidth, out-of-band emission, etc. of radio facilities before he/she starts to operate the relevant radio station. <Newly Inserted by Act No. 12726, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017>
 Article 25-2 (Discontinuing or Suspending Operation of Radio Stations)
(1) When any authorized person intends to discontinue the operation of a radio station, suspend the operation of a radio station for not less than one month, or operate a radio station again after suspending its operation for not less than one month, he/she shall report such to the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That in the case of an authorized person of a broadcasting station for terrestrial broadcasting business, he/she shall report to the Korea Communications Commission as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) When any authorized person reports a discontinued operation of a radio station, the authorization for or report on the establishment of the radio station shall be nullified.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 26 Deleted. <by Act No. 10393, Jul. 23, 2010>
 Article 27 (Communications Methods)
Any radio station shall be operated in accordance with the radio station's calling method, responding methods, hours of operation, the obligation to listen, and other communications methods, as prescribed and publicly notified by the Minister of Science and ICT. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 28 (Distress Communications)
(1) Conditions, such as radio frequencies to be used and the type of radio waves, that must be met by a mandatory ship station or mandatory aircraft station shall be prescribed and publicly notified by the Minister of Science and ICT. <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(2) Where any of the following radio stations receives any distress signal, it shall immediately respond to such emergency call prior to any other radio communications and take every possible measure to notify a radio station located most conveniently for rescuing the ship or the aircraft in trouble and, when it receives emergency communications or safety communications, it shall take necessary measures as prescribed and publicly notified by the Minister of Science and ICT: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Coast station (referring to a radio station established and fixed to the ground to communicate with ship stations; hereinafter the same shall apply);
2. Ship station (referring to a radio station established in a ship to perform maritime mobile service; hereinafter the same shall apply);
3. Aeronautical station (referring to a radio station established and fixed to the ground to communicate with aircraft stations; hereinafter the same shall apply);
4. Aircraft station (referring to a radio station established in aircraft to perform aeronautical mobile service; hereinafter the same shall apply).
(3) Any ship station, when it moves into or out of the communications range of a coast station, shall give notice thereof to a coast station, as prescribed by Presidential Decree.
(4) Any aircraft station shall, when its aircraft is in the air, communicate with an aeronautical station as prescribed and publicly notified by the Minister of Science and ICT. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 29 (Prevention of Radio Interference)
Each radio station shall be operated in a manner that does not interfere with, impedes, or obstructs the operation of other radio stations: Provided, That the same shall not apply to the communications made under Article 25 (2) 1 through 4.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 30 (Observance of Security of Communications)
(1) Each authorized person, operator, or any other person who uses radio facilities shall observe matters relating to the security of communications as prescribed and publicly notified by the Minister of Science and ICT , such as a designation of a person responsible for the security of communications, and completion of education for the security of communications, etc. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Necessary matters concerning education, etc. for the communications security under paragraph (1) shall be prescribed and publicly notified by the Minister of Science and ICT. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 31 (Communications of Experimental Radio Stations)
(1) Each experimental radio station shall be prohibited from communicating with any experimental radio station of a foreign country.
(2) Each experimental radio station and each amateur radio station shall be prohibited from using secret languages when they communicate.
(3) No amateur radio station shall communicate for any third person: Provided, That the same shall not apply to the communication for any person who has established other amateur radio stations or the communication for emergency disaster relief.
(4) Any amateur radio station may make relay communications by linking the wire-wireless interface to radio facilities for emergency disaster relief.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Articles 32 and 33 Deleted. <by Act No. 10393, Jul. 23, 2010>
SECTION 2 Authorization to Establish Broadcasting Stations and Operation Thereof
 Article 34 (Authorization to Establish Broadcasting Stations)
(1) Notwithstanding Article 19 (1), a person who intends to obtain authorization or renewed authorization to establish a broadcasting station for terrestrial broadcasting business provided for in Articles 9 (1) and 17 (1) of the Broadcasting Act shall file an application with the Korea Communications Commission as prescribed by Presidential Decree. <Newly Inserted by Act No. 11712, Mar. 23, 2013>
(2) The Korea Communications Commission shall, upon receipt of an application for authorization or renewed authorization to establish a broadcasting station under paragraph (1), request the Minister of Science and ICT to examine the following: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Whether it is possible to designate radio frequencies within the frequency range allocated for broadcasting;
2. Whether radio facilities to be installed or operated meet the technical requirements provided for in Article 45;
3. Whether an arrangement plan for operators meets the standards for qualification and posting of a fixed number of persons referred to in Article 71;
4. Whether the conditions for establishing a broadcasting station under Article 35 are satisfied;
5. Other matters necessary to run broadcasting business in a proper manner, which are prescribed by Presidential Decree.
(3) The Minister of Science and ICT shall examine the matters in each subparagraph of paragraph (2), and send examination results to the Korea Communications Commission. <Newly Inserted by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Korea Communications Commission shall decide whether to grant or renew authorization based on the examination results referred to in paragraph (3). The same shall also apply to revisions to matters prescribed by Presidential Decree, from among authorized matters. <Newly Inserted by Act No. 11712, Mar. 23, 2013>
 Article 34-2 (Establishment of Radio Stations for Satellite Broadcasting Business)
The Minister of Science and ICT shall, upon receipt of an application for permitting the establishment of a radio station, etc. for satellite broadcasting under Article 21 (1), examine the following matters in addition to the matters prescribed in paragraph (2) 1 through 3 of the same Article: <Amended by Act No. 14839, Jul. 26, 2017>
1. Whether the conditions for establishing a broadcasting station under Article 35 are satisfied;
2. Other matters necessary to run broadcasting business in a proper manner, which are prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11712, Mar. 23, 2013]
 Article 35 (Conditions for Establishing Broadcasting Stations)
(1) Any person who intends to establish a broadcasting station shall install such broadcasting station in a manner that does not cause any radio interference with the reception of other broadcasts.
(2) Necessary matters concerning conditions, such as the location of the station, the height, output, directional characteristics, etc. of a transmission antenna, for establishing a broadcasting station for the prevention of radio interferences shall be prescribed by Presidential Decree. <Amended by Act No. 13519, Dec. 1, 2015>
(3) The Korea Communications Commission may, when details of an application for authorization filed by a person who intends to establish a broadcasting station, fail to conform to the conditions for establishing a broadcasting station under paragraph (2), order a supplementation therefor, such as relocation of the place of installation.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 36 (Protection of Reception of Broadcasts)
(1) Any person who owns any building causing interference with the reception of ordinarily receivable broadcasts shall take measures necessary to remove such interference.
(2) The standards for ordinally receivable broadcasts referred to in paragraph (1) shall be prescribed by the public notification of the Korea Communications Commission and matters necessary to remove the interference with the reception of broadcasts shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 37 (Standard Method of Broadcasting)
(1) The Minister of Science and ICT shall prescribe the standard methods of broadcasting by Ordinance of the Ministry of Science and ICT to ensure an efficient use of radio frequencies used for broadcasting business and increase convenience for its users. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall, if it sets or alters the standard methods of broadcasting in accordance with paragraph (1), listen, in advance, to the opinion of interested parties. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
SECTION 3 Operation of Space Communications
 Article 38 (Securing and Managing Satellite Orbit and Radio Frequencies)
The Minister of Science and ICT shall devise policies necessary to secure and manage satellite radio frequencies, etc. for space communications. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 39 (International Registration of Satellite Orbits)
(1) Any person who intends to secure satellite radio frequencies, etc. to establish a space station shall request the Minister of Science and ICT to file an application for the international registration of a satellite network, as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall, in cases where the details of the request for filing an application for the international registration of a satellite network under paragraph (1) satisfy any of the following matters, file an application for the international registration of a satellite network with the International Telecommunication Union in accordance with the Radio Regulations of the International Telecommunication Union, and return such request or have such request supplemented by specifying the period, in cases where the details of such request do not satisfy any of the following matters: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. The designation of radio frequencies in the space station to be established by the applicant shall be possible;
2. The satellite business plan shall be appropriate;
3. The applicant shall have the capability to adjust the radio interference of satellite network.
(3) Where an application for the international registration of a satellite network has been filed under paragraph (2), any person who has requested the filing of such application with the Minister of Science and ICT under paragraph (1) shall bear costs involved in the international registration of a satellite network, as prescribed by the International Telecommunication Union. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Where a satellite radio frequency, etc. an application for the international registration of which has been filed pursuant to paragraph (2) is secured, the Minister of Science and ICT shall assign, grant approval for use of, or designate, the satellite radio frequency etc. preferentially to the relevant requesters pursuant to Article 10 (2), 18-2 or 18-4, accordingly. <Newly Inserted by Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 40 (Adjustment of Radio Interference of Satellite Network)
(1) The Minister of Science and ICT shall take policy measures necessary to adjust any radio interference with satellite networks under the jurisdiction of foreign countries. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may require any person who has requested filing of an application for the international registration of a satellite network under Article 39 (1) to furnish data necessary to adjust radio interferences. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 41 (Transfer or Lease of Right to Use Satellite Radio Frequencies)
(1) A person, who is assigned a satellite radio frequency, etc. under Article 10 (2) or obtained designation under Article 18-4, shall have the right to use the relevant satellite radio frequency, etc. (hereinafter referred to as “right to use a satellite radio frequency”).
(2) A person, who is assigned a satellite radio frequency, etc. under Article 10 (2) or obtains designation under Article 18-4, may transfer or lease out the satellite radio frequency, etc. or interrupt the use of the satellite radio frequency, etc. after the lapse of such time not shorter than three years from the date of the assignment or designation as provided by Presidential Decree: Provided, That a person may transfer or lease out the satellite radio frequency, etc. or interrupt the use of the satellite radio frequency, etc. even before such period has not elapsed for any cause prescribed by Presidential Decree, such as bankruptcy of the person to whom a satellite radio frequency, etc. is assigned under Article 10 (2) or who obtains designation under Article 18-4, or a sudden change in economic conditions.
(3) A person who intends to take over or take on lease a satellite radio frequency, etc. pursuant to paragraph (2) or a person who intends to interrupt the use of a satellite radio frequency, etc. pursuant to the same paragraph shall, in advance, obtain approval from the Minister of Science and ICT, as prescribed by Presidential Decree. In such cases, the person who intends to transfer or lease out the satellite radio frequency, etc. shall obtain the approval, together with the person who intends to take over or take on lease the satellite radio frequency, etc. <Amended by Act No. 14839, Jul. 26, 2017>
(4) In case of granting approval under paragraph (3), the Minister of Science and ICT may, if necessary for the maintenance, management, etc. of international registration of any satellite network, etc., attach conditions. <Amended by Act No. 14839, Jul. 26, 2017>
(5) Article 13 shall apply mutatis mutandis to causes for disqualification of a transferee of the right to use a satellite radio frequency.
(6) The transferee who obtains approval pursuant to paragraph (3) shall succeed to the status of the transferor.
(7) Where a person who obtains approval pursuant to paragraph (3) falls under any of the following, the Minister of Science and ICT may order corrective measures or cancel the approval: Provided, That the Minister shall cancel the approval where that person falls on the following grounds: <Amended by Act No. 14839, Jul. 26, 2017>
1. Obtaining the approval by fraud or other improper means;
2. Failing to comply with or violating the approval conditions under paragraph (4);
3. Violating such purposes or technical modes of the radio frequency as publicly notified pursuant to Article 10 (2);
4. Operating a radio station outside the scope of the permitted or reported matters in violation of Article 25 (2);
5. Failing to take corrective measures under the main sentence of this Article.
(8) Detailed matters concerning the corrective measures and approval cancellation under paragraph (7) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No.13588, Dec. 22, 2015]
 Article 42 (Conditions for Establishing Space Station)
Any space station shall be capable of immediately halting the emission of radio waves and to change its orbit by means of the remote control from the control facilities and equipment.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 42-2 (Transfer or Lease of Radio Facilities of Space Station)
(1) An authorized person, etc, of a space station may, with approval from the Minister of Science and ICT, transfer or lease out the whole or part of the radio facilities of the space station to other person (including the cases of either operating them by entrustment to other person or using them jointly with another person; hereinafter the same shall apply in this Article). In such cases, the person who intends to take over or take on lease the radio facilities of the space station shall obtain the approval, together with the person who intends to transfer or lease out the radio facilities of the space station. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Articles 13 and 41 (4) shall apply mutatis mutandis to grounds for disqualification of transferees of the radio facilities of the space station, and approval conditions under paragraph (1).
(3) The transferee who has obtained approval pursuant to paragraph (1) shall succeed to the status of the transferor.
(4) Where a person who has obtained approval pursuant to paragraph (1) falls under any of the following, the Minister of Science and ICT may order corrective measures or cancel the approval: Provided, That the Minister shall cancel the approval on the following grounds: <Amended by Act No. 14839, Jul. 26, 2017>
1. Obtaining the approval by fraud or other improper means;
2. Failing to comply with or violating the approval conditions under paragraph (2);
3. Operating a radio station outside the scope of the permitted or reported matters in violation of Article 25 (2);
4. Failing take the corrective measures under the main sentence of this Article.
(5) Detailed matters concerning the corrective measures and approval cancellation under paragraph (4) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No.13588, Dec. 22, 2015]
 Article 43 (Change of Satellite Orbit)
The Minister of Science and ICT may, when he/she deems it necessary to adjust radio interference or efficiently use spectrum resources, allow an authorized person of a space station to change a satellite orbit to the extent that it creates no serious impediment to attaining the objective. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 44 (Registration of Artificial Satellite with United Nations)
(1) The Minister of Science and ICT shall register an artificial satellite launched by a citizen of the Republic of Korea with the United Nations in accordance with the Convention on Registration of Objects Launched into Outer Space. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may request any person who has launched an artificial satellite to submit the data required for registration of the relevant artificial satellite. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) If any change is made to the matters registered with the United Nations in accordance with paragraph (1), the Minister of Science and ICT shall notify the United Nations thereof. <Newly Inserted Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 44-2 (Submission of Plans for Satellite Operation)
(1) The Minister of Science and ICT may request a person who is operating a satellite in any satellite network, etc. the international registration of which is completed by the Republic of Korea to submit a plan to secure and operate a subsequent satellite (hereinafter referred to as “plan for satellite operation”). <Amended by Act No. 14839, Jul. 26, 2017>
(2) A person who receives the request under paragraph (1) shall submit a plan for satellite operation to the Minister of Science and ICT within six months of receipt of such request. <Amended by Act No. 14839, Jul. 26, 2017>
(3) A person who submits a plan for satellite operation shall, if any alteration is made to the plan, immediately notify the Minister of Science and ICT thereof. <Amended by Act No. 14839, Jul. 26, 2017>
(4) Detailed matters necessary for the submission and alteration of the plan for satellite operation under the provisions of paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No.13588, Dec. 22, 2015]
 Article 44-3 (Creation of Foundation for Safe Radio Waves Environment)
The Minister of Science and ICT shall establish the following policy measures to minimize the effects of electromagnetic waves on the human body, machinery, radio facilities, etc. and create a safe radio waves environment: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Establishment and implementation of measures for preventing adverse effects related to the use of radio waves and creating a safe radio wave environment;
2. Establishment and implementation of comprehensive protective measures against the effects, etc. of electromagnetic waves on the human body;
3. Establishment and implementation of policies regarding electromagnetic compatibility to prevent the electromagnetic interference of machinery and protect machinery against electromagnetic waves;
4. Establishment of standards regarding the specific absorption rate of electromagnetic waves, the intensity of electromagnetic waves and the radio waves environment, and investigation and measuring of electromagnetic waves;
5. Research of the foundation technologies for eliminating adverse effects of electromagnetic, including technologies for electromagnetic shield, interception and reduction;
6. Establishment and implementation of plans for education and publicity to create a foundation for a safe radio waves environment.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 44-4 (Research and Investigation, and Education and Publicity, regarding Effects of Electromagnetic Waves on Human Body)
(1) The Minister of Science and ICT shall conduct researches, investigations, etc. into the effects of electromagnetic waves on the human body. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall actively endeavor to disseminate information regarding the effects of electromagnetic waves on the human body as well as to promote education and awareness among the public regarding the safe use of machinery for broadcasting and communications, etc. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 12726, Jun. 3, 2014]
 Article 44-5 (Establishment of Cooperative System)
The Minister of Science and ICT may establish a cooperative system with the relevant administrative agencies, public institutions prescribed in the Act on the Management of Public Institutions, universities and colleges prescribed in the Higher Education Act, companies, etc., if necessary to take measures to create a foundation for the safe radio waves environment pursuant to Article 44-3.
[This Article Newly Inserted by Act No. 14578, Mar. 14, 2017]
CHAPTER V PRESERVATION OF SPECTRUM RESOURCES
 Article 45 (Technical Standards)
Any radio facilities (excluding those used only for the purpose of receiving broadcasts) shall conform with the technical standards determined by Ordinance of the Ministry of Science and ICT, such as those for the frequency tolerance and the antenna supply power. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13519, Dec. 1, 2015; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 46 Deleted. <by Act No. 10393, Jul. 23, 2010>
 Article 47 (Installation of Safety Facilities)
Radio facilities shall be installed according to the safety requirements prescribed by Ordinance of the Ministry of Science and ICT so as not to harm human safety or damage goods. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 47-2 (Technical Requirements for Human Exposure to Electromagnetic Waves)
(1) The Minister of Science and ICT shall determine and publicly notify the following matters by taking into account the impact of electromagnetic waves generated from radio facilities, electric or electronic equipment, etc. (hereinafter referred to as "radio facilities, etc.") on human body: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11451, May 23, 2012; Act No. 11712, Mar. 23, 2013; Act No. 13012, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017>
1. Technical requirements for human exposure to electromagnetic waves;
2. Technical requirements for electromagnetic grading scheme;
3. Technical requirements for measurement of electromagnetic field strength;
4. Technical requirements for measurement of specific absorption rate;
5. Equipment subject to measurement of electromagnetic field strength and specific absorption rate, and the method thereof;
6. Radio facilities subject to electromagnetic grading scheme;
7. Other matters necessary to protect human body from electromagnetic waves.
(2) The authorized person of a radio station or any person who intends to manufacture or import radio facilities, etc. shall ensure that the electromagnetic field strength emitted from the radio facilities, etc. does not exceed a certain level specified in the technical requirements for human exposure to electromagnetic wave and shall install safety facilities which prevent any person, other than authorized persons, from gaining access to any place in which such electromagnetic waves exceed a certain level specified in such requirements. <Amended by Act No. 13012, Jan. 20, 2015>
(3) The authorized person of a radio station which meets the requirements prescribed by Presidential Decree in terms of the antenna supply electric power, the place of installation, etc. shall measure the electromagnetic field strength in accordance with the technical requirements for human exposure to electromagnetic wave and the technical requirements for measurement of electromagnetic field strength publicly notified under paragraph (1), and report the results thereof to the Minister of Science and ICT. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13519, Dec. 1, 2015; Act No. 14839, Jul. 26, 2017>
(4) The authorized person of a radio station obligated to report on the electromagnetic field strength under paragraph (3) may request the Minister of Science and ICT to measure the electromagnetic field strength when the radio station is inspected under Article 24. In such cases, the authorized person of the radio station shall be deemed to have performed his/her obligation to report on the electromagnetic field strength under paragraph (3). <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) The Minister of Science and ICT may measure or investigate the electromagnetic field strength of any radio station where it determines that there is a possibility for the electromagnetic field strength emitted from the radio station to exceed a certain level specified in the technical requirements for human exposure to electromagnetic wave publicly notified under paragraph (1), or that there is a necessity to confirm whether the results of measurement reported by the authorized person of the radio station are false under paragraph (3). <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) The Minister of Science and ICT may order necessary measures, such as the installation of safety facilities, the restrictions on operation, the suspension of operation, etc. where the electromagnetic field strength reported, measured, or investigated under paragraphs (3) through (5) exceeds a certain level specified in the technical requirements for human exposure to electromagnetic wave. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(7) The timing for and method of reporting on the electromagnetic field strength under paragraph (3), and the timing for and method of making a request for measuring the electromagnetic field strength under paragraph (4), and other necessary matters, shall be prescribed by Presidential Decree.
(8) The authorized person of a radio station or any person who manufactures or imports radio facilities shall indicate electromagnetic waves levels pursuant to paragraph (1) 2 and 6. <Newly Inserted by Act No. 11451, May 23, 2012>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 47-3 (Electromagnetic Compatibility)
(1) The technical requirements for electromagnetic interference and electromagnetic susceptibility related to the equipment which cause electromagnetic interference or are affected by electromagnetic waves (hereinafter referred to as "technical requirements for electromagnetic compatibility") shall be prescribed by Presidential Decree.
(2) Any person who intends to manufacture or import equipment which cause electromagnetic interference or are affected by electromagnetic waves, shall ensure that the relevant equipment does not exceed a certain level specified in the technical requirements for electromagnetic compatibility.
(3) When the Minister of Science and ICT deems that the electromagnetic waves generated from the equipment which cause electromagnetic interference or are affected by electromagnetic waves are likely to exceed a certain level specified in the technical requirements for electromagnetic compatibility, it may measure or investigate whether the relevant equipment meets the technical requirements for electromagnetic compatibility. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Article 71-2 (2) through (4) shall apply mutatis mutandis to the procedures and methods of measurement or investigation under paragraph (3).
(5) When electromagnetic waves measured or investigated pursuant to paragraph (3) exceed a certain level specified in the technical requirements for electromagnetic compatibility, the Minister of Science and ICT may make a recommendation to take measures necessary for reducing or shielding the electromagnetic waves emitted by the relevant equipment. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) The Minister of Science and ICT may support technology development for electromagnetic interference and electromagnetic susceptibility, such as technologies to reduce or shield electromagnetic waves. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(7) The Minister of Science and ICT shall promote international cooperation on electromagnetic compatibility, etc. and for such purpose may support projects for the international exchange of relevant technologies and human resources, international standardization, international joint research and development, etc. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 48 (Efficient Use of Radio Facilities)
(1) Any authorized person may, if he/she deems it necessary to efficiently use radio facilities (excluding radio facilities of a space station) of a radio station, lease out such radio facilities of a radio station, entrust their operation, in whole or part, or operate them jointly with another person after obtaining approval from the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(2) and (3) Deleted. <by Act No. 10393, Jul. 23, 2010>
 Article 48-2 (Protection of Natural Environment)
(1) When the Minister of Science and ICT deems it necessary for protecting the natural environment and the urban landscape, it may order any authorized person to jointly use the whole or part of the radio facilities of radio stations, or to install radio facilities in an environmentally friendly manner, such as minimizing the negative impact on the natural environment and harmonizing with the surrounding landscape. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Necessary matters concerning the subjects and requirements of orders to jointly use radio facilities under paragraph (1) and orders to install radio facilities in an environmentally friendly manner shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 49 (Spectrum Monitoring)
(1) The Minister of Science and ICT shall perform the spectrum monitoring duty to facilitate the efficient use of spectrum resources and to maintain and protect order in using the resources by swiftly removing radio interference. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The spectrum monitoring duty under paragraph (1) shall be as follows:
1. Measurement of quality of radio waves, such as the variation and bandwidth of radio frequencies used by a radio station;
2. Detection of radio waves causing radio interference;
3. Detection of radio waves emitted by an unauthorized radio station;
4. Detection of the orientation of the communications under Article 28 (2) and the radio waves emitted by an unauthorized radio station, and the radio waves for which a request is filed for a survey in connection with radio interference, etc.;
5. Verification of whether matters under Articles 25 and 27 through 30 are observed;
6. Other matters prescribed by Presidential Decree in order to maintain and protect order in using spectrum resources.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 50 (International Spectrum Monitoring)
(1) The Minister of Science and ICT shall perform the duty to monitor international spectrum, which includes monitoring radio waves emitted by foreign radio stations, and to analyze and remove radio interference caused by such foreign radio stations. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall install or operate facilities and equipment necessary for performing the duty referred to in paragraph (1). <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 51 (Formulation and Implementation of Master Plans for Space Weather Disaster Management)
The Minister of Science and ICT shall formulate and implement a master plan for space weather disaster management including the following matters every five years to prepare for any such disasters related to radio waves (hereinafter referred to as “space weather disaster”) as generated from change of the electromagnetic wave energy existing outside the atmosphere and rapidly control and recover from any space weather disaster: <Amended by Act No. 14839, Jul. 26, 2017>
1. Matters concerning the observation and monitoring of any change of the electromagnetic wave energy existing outside the atmosphere;
2. Matter concerning prediction and warning of any change of the electromagnetic wave energy existing outside the atmosphere and any space weather disaster generated therefrom;
3. Matters concerning research and development of and international cooperation for preventing and managing space weather disasters;
4. Other matters which are deemed necessary for the management of space weather disasters.
[This Article Newly Inserted by Act No. 13588, Dec. 22, 2015]
 Article 52 (Protection of Radio Direction Finders)
(1) Any person who intends to construct a building or a structure prescribed by Presidential Decree that is likely to disturb radio waves in the area where the radio direction finder is protected (referring to the area within one kilometer from the location of radio direction finders installed by the Minister of Science and ICT) shall obtain approval thereof from the Minister of Science and ICT. <Amended by Act No. 8776, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The place where the radio direction finders are installed under paragraph (1) shall be publicly notified by the Minister of Science and ICT: Provided, That if he/she deems it necessary for the security of communications, the Minister of Science and ICT may elect not to publicly notify the location but to inform only the heads of relevant administrative agencies thereof. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 53 Deleted. <by Act No. 10393, Jul. 23, 2010>
 Article 54 (Provision of Data)
(1) The authorized person may, where he/she is in a dispute with another authorized person over the use of radio waves, request the Minister of Science and ICT to provide him/her with necessary data, such as the current status of the use of radio waves in the disputed area. In such cases, the Minister of Science and ICT shall comply with such request unless there is a compelling reason not to do so. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall, where it deems it necessary to provide the data requested under paragraph (1), dispatch officials under its supervision to investigate or confirm necessary matters and notify parties involved in the dispute of the results. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 55 (Measurement of Spectrum Environment)
(1) The Minister of Science and ICT shall take measures necessary to protect the spectrum environment, such as measurement of the spectrum environment. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Matters necessary for the measurement of the spectrum environment, etc. under paragraph (1) shall be prescribed and publicly notified by the Minister of Science and ICT. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 56 (Safety Assessment of High-Power or Leaking Electromagnetic Waves)
(1) A person who builds an electromagnetic wave-shielding facility or an equipment protection facility to prevent any damage from high-power electromagnetic waves or leakage of information by leaking electromagnetic waves may request the Minister of Science and ICT to evaluate the safety of those facilities, etc. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Upon receipt of a request for safety assessment pursuant to paragraph (1), the Minister of Science and ICT shall conduct a safety assessment and notify the results thereof: Provided, That where the assessment results fail to meet the requirements for safety assessment, the Minister of Science and ICT may recommend that the relevant applicant prepare improvement measures. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Detailed matters necessary for the requirements, methods, etc. for the safety assessment referred to in paragraphs (1) and (2) shall be determined and publicly notified by the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 12726, Jun. 3, 2014]
 Article 57 Deleted. <by Act No. 10393, Jul. 23, 2010>
 Article 58 (Industrial, Scientific and Medical Equipment for Industrial, Scientific and Medical Purposes)
(1) Any person who intends to operate any of the following equipment shall obtain authorization from the Minister of Science and ICT. The same shall also apply to revisions to any of the permitted matters prescribed by Presidential Decree: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Facilities and equipment satisfying the criteria prescribed by Presidential Decree, which are designed to generate radio wave energy for industrial, scientific, medical, and housekeeping purposes or other similar purposes in a limited place;
2. Facilities and equipment, the electric field strength, etc. of which satisfies the criteria prescribed by Presidential Decree, among the communications facilities and equipment with entire lines having a flow of electric current of at least nine kilohertz.
(2) Upon receipt of an application for authorization under paragraph (1), the Minister of Science and ICT shall grant authorization if such application is deemed in conformity with the technical requirements under Article 45 and does not interfere with other communications. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Articles 21 (1), (3) and (4), 23, 24, 25, 25-2, 45, and 72 shall apply mutatis mutandis to any facilities authorized under paragraph (1). <Amended by Act No. 10393, Jul. 23, 2010; Act No. 12726, Jun. 3, 2014>
(4) The Minister of Science and ICT may determine and publicly notify the frequency band, the operation of which is to be restricted, in order to make the communications facilities and equipment with entire lines having a flow of electric current of at least nine kilohertz, not to interfere with other communications. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER V-2 MANAGEMENT OF BROADCASTING AND COMMUNICATIONS EQUIPMENT
SECTION 1 Conformity Assessment of Broadcasting and Communications Equipment
 Article 58-2 (Conformity Assessment of Broadcasting and Communications Equipment)
(1) Any person who intends to manufacture, sell, or import broadcasting and communications equipment, and machinery which causes electromagnetic interference or is affected by electromagnetic waves (hereinafter referred to as "broadcasting and communications equipment, etc.") shall, with regard to the relevant equipment, obtain certification of conformity under paragraph (2), registration of conformity under paragraphs (3) and (4), or interim certification under paragraph (7) (hereinafter referred to as "conformity assessment") in accordance with the following standards (hereinafter referred to as "technical requirements for conformity assessment"): <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Technology requirements provided for in Articles 37 and 45;
2. Technical requirements for human exposure to electromagnetic wave under Article 47-2;
3. Technical requirements for electromagnetic compatibility under Article 47-3 (1);
5. Technical requirements provided for in Articles 61, 68, and 69 of the Telecommunications Business Act;
6. Technical requirements provided for in Article 79 of the Broadcasting Act;
7. Technical requirements that the Minister of Science and ICT is mandated by other statutes to set with regard to broadcasting and communications equipment, etc.
(2) Any person who intends to manufacture, sell, or import equipment which is likely to cause harm to the spectrum environment, the broadcasting and communications networks, etc., equipment which causes significant electromagnetic interference, or equipment affected by electromagnetic waves to the extent that its normal function is compromised, shall obtain certification of conformity for the equipment from the Minister of Science and ICT, after undergoing tests on standards for conformity assessment conducted by a designated testing body under Article 58-5. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Any person who intends to manufacture, sell, or import broadcasting and communications equipment, etc., which is not subject to certification of conformity under paragraph (2), shall verify whether the relevant equipment meets the technical requirements for conformity assessment, after undergoing tests on technical requirements for conformity assessment conducted by a designated testing body under Article 58-5, and register such fact with the Minister of Science and ICT: Provided, That as for the equipment specified by Presidential Decree in consideration of defect rates, etc., he/she may conduct self-tests, or undergo tests conducted by a testing body, other than those designated under Article 58-5, to register with the Minister of Science and ICT. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) A person who has filed for registration under paragraph (3) (hereinafter referred to as "registration of conformity") shall display documents proving that the relevant equipment meets the technical requirements for conformity assessment.
(5) When any person who has undergone conformity assessment under paragraphs (2) and (3) intends to revise matters related to such assessment, he/she shall file a report with the Minister of Science and ICT. In such cases, when revisions to matters related to the technical requirements for conformity assessment, among the matters he/she intends to revise, are included, he/she shall undergo conformity assessment under paragraphs (2) and (3), with regard to the relevant matters. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) When any person who has undergone conformity assessment intends to sell or lease the relevant equipment, display (including posting on the web-site; hereinafter the same shall apply), keep, or transport the relevant equipment for the purpose of selling or leasing it, or install the relevant equipment in a radio station or a broadcasting and communications network, he/she shall indicate the fact that he/she has undergone conformity assessment on the relevant equipment and the packaging thereof.
(7) In any of the following cases in which it is impracticable to conduct conformity assessment under paragraph (2) or (3) due to a lack of technical requirements for the conformity assessment of broadcasting and communications equipment, etc. or on any other grounds, the Minister of Science and ICT may allow the manufacture, import, and sale of the relevant equipment (hereinafter referred to as "interim certification") by attaching conditions, such as a region or the effective term, after conducting conformity assessment in accordance with the relevant domestic or international standards, specifications, and technical requirements: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. If the relevant equipment does not cause harm to the use of a network; for example, if it does not disturb a broadcasting and communications network;
2. If the relevant equipment does not cause harm to the spectrum environment; for example, if it does not cause radio wave interference;
3. If there is no hazard in using the relevant equipment; for example, if there is no hazard to the life or property of users.
(8) When technical requirements for conformity assessment of the relevant equipment are established or a cause making it impracticable to conduct the conformity assessment ceases to exist, a person who has obtained interim certification under paragraph (7) shall undergo conformity assessment under paragraph (2) or (3) within a prescribed period.
(9) When any person who has obtained interim certification fails to undergo conformity assessment within the period set under paragraph (8), the interim certification shall become invalid.
(10) Except as otherwise expressly prescribed in paragraphs (1) through (9), necessary matters concerning the technical requirements for conformity assessment and the subjects, methods and procedures of the conformity assessment and reports on revisions shall be prescribed by Presidential Decree. <Amended by Act No. 12726, Jun. 3, 2014; Act No. 13233, Mar. 27, 2015>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-3 (Exemption from Conformity Assessment)
(1) Any of the following machinery prescribed by Presidential Decree may be exempt from all or part of the conformity assessment: <Amended by Act No. 10564, Apr. 7, 2011; Act No. 11037, Aug. 4, 2011; Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. Where machinery only limited to the purpose of use for testing, research, technology development or display is manufactured or imported;
2. Where machinery is not manufactured for domestic demand, but exclusively for exports;
3. Where the Minister of Science and ICT grants interim certification under Article 58-2 (7) and a person who requests interim certification submits the test results of the relevant machinery, which is conducted by a designated testing body under Article 58-5;
4. Where any of the following machinery undergoes conformity assessment concerning electromagnetic interference and electromagnetic susceptibility under related statutes or regulations, which corresponds to the assessment under this Act:
(a) Items certified pursuant to Article 15 of the Industrial Standardization Act;
(b) Deleted; <by Act No.13588, Dec. 22, 2015>
(c) Deleted; <by Act No. 13859, Jan. 27, 2016>
(d) Automobiles that have conducted self-certification under the Motor Vehicle Management Act;
(e) Fire-fighting equipment that have obtained type approval under the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act;
(f) Medical devices that have obtained permission or have filed a report by item category or item under the Medical Devices Act.
(2) Matters necessary for the methods of, and procedures for exemption from conformity assessment shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-4 (Revocation of Conformity Assessment)
(1) When any person who has undergone conformity assessment falls under any of the following, the Minister of Science and ICT may revoke the conformity assessment of the relevant equipment or issue an order to take necessary measures, such as improving, correcting, collecting, removing, or destroying the relevant equipment, or ceasing to manufacture, importing, selling, or using the relevant equipment: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Where the relevant broadcasting and communications equipment, etc. no longer complies with the technical requirements for conformity assessment;
2. Where he/she fails to indicate conformity assessment or indicate conformity assessment in a fraudulent manner;
3. Where he/she fails to file a report on revised matters concerning conformity assessment;
4. Where he/she fails to display related documents, in violation of Article 58-2 (4).
(2) When any person who has undergone conformity assessment falls under any of the following, the Minister of Science and ICT shall revoke the conformity assessment of the relevant equipment, as prescribed by Presidential Decree: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. When he/she undergoes conformity assessment by fraud or other improper means;
2. When he/she fails to comply with an order to take necessary measures, such as an improvement order under paragraph (1).
(3) No person, for whom measures to revoke conformity assessment are taken, may undergo the conformity assessment of the relevant equipment for such a period, not exceeding one year after such assessment is revoked, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-5 (Designation of Testing Bodies)
(1) The Minister of Science and ICT may designate corporations satisfying the following requirements as a testing body that performs testing affairs for conformity assessment: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. To have facilities and human resources necessary for testing for conformity assessment;
2. To have quality control regulations in line with the international technical requirements;
3. To meet other requirements deemed necessary for securing the objectivity and fairness of testing by the Minister of Science and ICT.
(2) When any testing institution designated under paragraph (1) (hereinafter referred to as "designated testing body") intends to revise designated matters by halting the designated testing-related affairs for a certain period of time or repealing part of the designated testing-related affairs, or to repeal all of the designated testing-related affairs, they shall apply for revisions to the designated matters or the repeal of the designated testing-related affairs to the Minister of Science and ICT. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) When any person, other than a designated testing body, intends to succeed to the status as a designated testing body by acquiring or merging with a designated testing body, he/she shall obtain approval from the Minister of Science and ICT in advance. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT may order a specialized examination institution prescribed by Presidential Decree to examine requirements for the designation of testing bodies. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) Matters necessary for the procedures and methods of examination and designation (including revision, repeal and approval) of testing institutions under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-6 (Inspection of Designated Testing Bodies)
(1) To inspect whether a designated testing body is performing its duties as required, the Minister of Science and ICT may request the testing body to submit relevant data, as prescribed by Presidential Decree, or order public officials under its jurisdiction to inspect relevant offices or business places of the testing body, or other places as needed. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) When inspection of a designated testing body is conducted under paragraph (1), the provisions of Article 71-2 (3) and (4) shall apply mutatis mutandis to the prior notification of inspection plans, the presentation of identification, etc.
(3) Matters necessary for the procedures and methods of the inspection of designated testing bodies shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-7 (Revoking Designation of Testing Bodies)
(1) When any designated testing body fails to observe matters prescribed by Presidential Decree, such as testing procedures and the management of measurement facilities, the Minister of Science and ICT may order such body to take corrective measures. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) When any designated testing body falls under any of the following, the Minister of Science and ICT may order such body to suspend all or some of its duties for a specified period not to exceed one year, as prescribed by Presidential Decree: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. When it carries out testing affairs inaccurately by intention or gross negligence;
2. When it refuses, obstructs or evades requests for the submission of data or inspection, etc. under Article 58-6 (1) without justifiable grounds;
3. When it is no longer qualified for designation under Article 58-5 (1);
4. When it fails to carry out testing-related affairs without good cause;
5. When it fails to comply with corrective orders issued under paragraph (1).
(3) When any designated testing body falls under any of the following, the Minister of Science and ICT shall revoke the designation thereof: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. When it is designated by fraud or other improper means;
2. When it carries out testing-related affairs during the period of business suspension;
3. When a designated testing body, which has already received two or more orders to suspend business for violating paragraph (2), once again violates the same paragraph and thereby providing a reason to suspend its business.
(4) Matters necessary for corrective orders under paragraphs (1) through (3) and administrative disposition etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
SECTION 2 International Cooperation and Follow-Up Management of Broadcasting and Communications Equipment
 Article 58-8 (Mutual Recognition of Conformity Assessment Between Countries)
(1) The Minister of Science and ICT may conclude an agreement with foreign governments (hereinafter referred to as "mutual recognition agreement"), so as to mutually recognize the outcomes of conformity assessment of broadcasting and communications equipment, etc. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Matters necessary for the procedures and details of mutual recognition agreements shall be prescribed by Presidential Decree.
(3) In cases where the Minister of Science and ICT has concluded a mutual recognition agreement, it shall publicly notify the details of the agreement to the public. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-9 (Establishment of International Conformity Assessment System)
(1) The Minister of Science and ICT shall endeavor to make sure that the conformity assessment system under this Act meets the international standards. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may determine detailed matters for the establishment of the conformity assessment system under paragraph (1) and publicly announce them to the public. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-10 (Prohibition against Replication, Remodelling or Alteration)
(1) No one shall replicate equipment which has undergone conformity assessment, or remodel or alter such equipment to the point where it obstructs other persons' ordinary use of equipment or disturbs the order of radio wave usage.
(2) No one shall sell or lease out replicated, remodelled or altered equipment, display, keep or transport such equipment for the purpose of selling or leasing it out, or install such equipment in a radio station or broadcasting and communications network, in violation of paragraph (1).
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-11 (Reporting of Unconformity)
When anyone who has undergone conformity assessment under Article 58-2 finds out that the relevant equipment has significant defects or fails to meet the technical requirements for conformity assessment, he/she shall report such fact to the Minister of Science and ICT without delay, and take necessary measures, such as correcting such defects or collecting the relevant equipment on his/her own. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 58-12 (Measures Following Changes in Spectrum Allocation)
(1) Any person who has undergone the conformity assessment of broadcasting and communications equipment, etc. under Article 58-2 shall, where such broadcasting and communications equipment, etc. becomes unusable due to changes in spectrum allocation, indicate the fact in the manner prescribed by Presidential Decree.
(2) Where broadcasting and communications equipment, etc. becomes unusable due to changes in spectrum allocation, a person who sells or leases such broadcasting and communications equipment, etc. or who displays or keeps the same for the purpose of selling or leasing it shall give notice thereof to those who wish to buy or borrow it.
(3) The Minister of Science and ICT may order necessary measures, such as suspension of import or selling of the broadcasting and communications equipment, etc. which becomes unusable due to change of spectrum allocation. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 12726, Jun. 3, 2014]
CHAPTER VI PROMOTION OF SPECTRUM RESOURCES
 Article 59 Deleted. <by Act No. 9128, Jun. 13, 2008>
 Article 59-2 Deleted. <by Act No. 9482, Mar. 13, 2009>
 Article 60 (Disclosure of Current Use of Spectrum Resources)
(1) The Minister of Science and ICT shall, where deemed necessary to facilitate the use of radio waves, announce the current use of spectrum resources. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Necessary matters concerning scope, procedures, timing, etc. with respect to the publication referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 61 (Research on Radio Waves)
(1) The Minister of Science and ICT shall conduct various research necessary to facilitate and protect the use of radio waves. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The researches conducted under paragraph (1) shall be as follows:
1. Research on technical requirements;
2. Research on the analysis of the propagation of radio waves and the technique of assigning radio frequencies;
3. Research on technical requirements for rectifying radio interference of satellite networks;
4. Research on electromagnetic interference and harm caused by radio waves to the human safety;
5. Research on the measurement of the specific absorption rate;
6. Research on the measuring method and technology for radio waves apparatus;
7. Research on the technology for receiving space radio waves and analysis of the received data;
8. Observation of geomagnetism and ionosphere;
9. Observation of solar spots;
10. Analysis of the results of the observations under subparagraphs 8 and 9, and forecasts and warnings.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 62 (Facilitation of Technology Development)
The Minister of Science and ICT shall take the following measures to facilitate the research, development and use of technologies to build infrastructure for the radio waves industry and the broadcasting equipment industry: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Survey of technological levels, research and development, and evaluation and use of developed technologies;
2. Cooperation, guidance and transfer of technologies;
3. Smooth distribution of technical information;
4. Joint research and development by industrial, academic and research circles;
5. Other matters necessary for developing technologies.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 63 (Standardization)
(1) The Minister of Science and ICT shall promote measures falling under the following regarding the standardization of technologies using radio waves in order to facilitate the efficient use of radio waves, maintain order in using radio waves, protect utilizers, etc.: Provided, That matters for which the Korean Industrial Standards under Article 12 of the Industrial Standardization Act prescribe shall be governed by such Standards: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Establishment and propagation of standards for radio waves;
2. Certification of conformity with the standards for radio waves;
3. Other matters necessary for standardization.
(2) Matters necessary for the promotion of the standardization of technologies using radio waves under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 64 (Training of Manpower)
The Minister of Science and ICT shall formulate and implement the following policy measures in order to train manpower specializing in radio waves: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Support for radio wave education conducted at schools of various levels and another educational institutions;
2. Support for projects designed to train manpower specializing in radio wave and broadcasting technologies;
3. Development and propagation of and support for educational programs on radio waves;
4. Other matters necessary for training manpower specializing in radio waves.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 65 (Facilitation of International Cooperation)
The Minister of Science and ICT may support international cooperation projects designed for international personnel and technological exchanges, international standardization and international joint research and development, etc. to upgrade technologies using radio waves. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 66 (Korea Communications Agency)
(1) There shall be established the Korea Communications Agency (hereinafter referred to as the "Agency") to efficiently manage and promote radio waves, carry out business affairs to promote broadcasting, telecommunications and radio waves, and perform tasks entrusted by the Government. <Amended by Act No. 10393, Jul. 23, 2010>
(2) The Agency shall be a corporation.
(3) The Agency shall be duly established when its establishment is registered with the registry having jurisdiction over its principal place of business.
(4) The Agency shall perform the following duties: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Research on the promotion of radio wave use;
2. Collection, investigation and analysis of information on domestic and overseas technology related to broadcasting, telecommunications and radio waves;
3. Support for research and education on broadcasting, telecommunications and radio waves;
4. Business incidental to those prescribed in subparagraphs 1 through 3;
5. Business to be performed by or entrusted to the Agency in this Act or other statutes or regulations, or business entrusted by the Minister of Science and ICT.
(5) Matters necessary for the business, operation, etc. of the Agency shall be prescribed by Presidential Decree.
(6) Except as provided for in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 66-2 (Korea Radio Promotion Association)
(1) The Korea Radio Promotion Association (hereinafter referred to as the "Association") may be established in order to efficiently perform the following business: <Amended by Act No.13588, Dec. 22, 2015>
1. To promote commercialization and dissemination of new technologies using radio waves;
2. To efficiently perform business concerning the efficient use of spectrum resources, and business concerning the creation of a basis for the development of the radio wave broadcasting industry;
3. Business concerning the standardization of technologies using radio waves;
4. Business to nurture specialists in the areas of radio wave use and broadcasting technologies;
5. Business entrusted by the State or any related institution or organization in connection with businesses specified in subparagraphs 1 through 4.
(2) The Association shall be a juristic person.
(3) A broadcast communications business entity, telecommunications business entity, authorized person, manufacturer of equipment, systems, or parts relating to radio waves, and other persons provided for by the articles of Association may become a member of the Association. <Amended by Act No. 10393, Jul. 23, 2010; Act No. 13588, Dec. 22, 2015>
(4) Matters necessary for the business, operation, etc. of the Association shall be prescribed by Presidential Decree.
(5) Except as provided for in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 66-3 (Operating Expenses of the Agency)
(1) Any expenses incurred in operating the Agency shall be covered by the following financial resources: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 12726, Jun. 3, 2014; Act No. 14839, Jul. 26, 2017>
1. Deleted; <by Act No. 13519, Dec. 1, 2015>
2. Fees for inspection under Article 69 (1) 3 (limited to inspections entrusted by the Minister of Science and ICT to the Agency);
3. Fees for measurement of the electromagnetic field strength under Article 69 (1) 5;
4. Fees for applications for the technical qualification examination and fees for issuance of certificates of technical qualification under Article 69 (1) 6 (excluding matters entrusted to the Human Resources Development Service of Korea under the National Technical Qualifications Act);
5. Revenue from the performance of duties under Article 66 (4) 1 through 4.
(2) The Government may provide a subsidy to cover any expenses incurred in performing the business of the Agency within budgetary limits: Provided, That the Government may grant contributions to the Agency for conducting national research and development projects within the limit of the Broadcasting Communications Development Fund. <Amended by Act No. 12726, Jun. 3, 2014>
[This Article Newly Inserted by Act No. 9128, Jun. 13, 2008]
 Article 67 (Spectrum Use Fees)
(1) The Minister of Science and ICT or the Korea Communications Commission may impose and collect fees from an authorized person (excluding the person who has established a radio station for exclusive use for reception) for radio waves used by his/her radio station (hereinafter referred to as "spectrum use fees"): Provided, That the spectrum use fees shall be exempted in whole for the authorized person of a radio station falling under any of subparagraphs 1 through 3, and may be reduced or exempted, in whole or in part, for the authorized person of a radio station falling under any of subparagraphs 4 through 7, as prescribed by Presidential Decree: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Any radio station established by the State or a local government;
2. Any non-profit broadcasting station, and any broadcasting station of the terrestrial broadcasting business entity that pays contributions under Article 25 (2) of the Framework Act on Broadcasting Communications Development;
3. Any radio station under Article 19 (2);
4. Any broadcasting station of the satellite broadcasting business entity and CATV broadcasting business entity that pays contributions under Article 25 (3) of the Framework Act on Broadcasting Communications Development;
5. Any radio station providing telecommunication services by using the radio frequencies assigned under Article 11;
6. Any radio station prescribed by Presidential Decree, among the radio stations established not to pursue profit-making or to promote public welfare;
7. Any radio station satisfying the standards publicly notified by the Minister of Science and ICT, among the radio stations established in regions declared to be special disaster areas under Article 60 (1) of the Framework Act on the Management of Disasters and Safety.
(2) Spectrum use fees shall be used to cover expenses incurred in managing radio waves and promoting the fields relating to radio waves.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 68 (Standards for Imposing Spectrum Use Fees)
(1) Spectrum use fees imposed under Article 67 (1) shall be computed based on the frequency band, the range of radio waves and the antenna supply power, etc. used by the relevant radio station, as prescribed by Presidential Decree: Provided, That if the relevant authorized person is a key telecommunications business entity who provides telecommunication services to subscribers by using the radio frequencies assigned under Articles 11 and 12, it may be computed based on the number of subscribers provided with such telecommunication services. <Amended by Act No. 12726, Jun. 3, 2014; Act No. 13519, Dec. 1, 2015>
(2) Where any person liable to pay spectrum use fees fails to do so by the payment deadline, the Minister of Science and ICT or the Korea Communications Commission shall collect the amount equivalent to the percentage prescribed by Presidential Decree within the limit of up to 5/100 of spectrum use fees in arrears as additional dues. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Where the spectrum use fees and the additional dues referred to in paragraph (2) are in arrears, such spectrum use fees and additional dues shall be collected in the same manner as delinquent national taxes are collected.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 69 (Fees)
(1) Any of the following persons shall pay a fee, as prescribed by Presidential Decree: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 12726, Jun. 3, 2014; Act No. 13588, Dec. 22, 2015>
1. A person who applies for the assignment, reassignment, or additional assignment of radio frequencies under Article 10 (3), 16, or 16-2;
1-2. Deleted; <by Act No. 13519, Dec. 1, 2015>
1-3. A person who applies for approval, approval for modification or renewed approval under Article 18-2 (2) or 22 (1);
2. A person who applies for authorization, renewed authorization or authorization for modification under Article 19 (including cases applied mutatis mutandis under Article 58 (3)) or Article 22 (1);
3. A person who undergoes an inspection under Article 24 (including cases applied mutatis mutandis under Article 58 (3)) or Article 58-6 (1);
4. Deleted; <by Act No. 10393, Jul. 23, 2010>
5. A person who requests measurement of the electromagnetic field strength under Article 47-2 (4);
5-2. A person who requests safety evaluation under Article 56 (1);
5-3. A person who applies for certification of conformity or registration of conformity (including reports on revised matters) under Article 58-2 or applies for interim certification;
5-4. A person who files an application to be designated as a designated testing body under Article 58-5 (1) or applies for revisions under Article 58-5 (2) (limited to applications for revisions following the addition of designated areas or testing items);
6. A person who intends to apply for the technical qualification examination and who is granted a certificate of technical qualification under Article 70.
(2) Fees referred to in paragraph (1) may be reduced or exempted, as prescribed by Presidential Decree if necessary for promoting public welfare.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER VII OPERATORS
 Article 70 (Qualifications of Operators)
(1) Any person who intends to become a operator shall pass the technical qualification examination, as prescribed by statutes or regulations governing the national technical qualifications or Presidential Decree.
(2) The Minister of Science and ICT shall issue a certificate of technical qualification to any person who has passed the technical qualification examination under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Qualification items for operators and the scope of engagement in radio work by item of qualification shall be prescribed by Presidential Decree.
(4) Only operators shall operate or construct radio facilities of a radio station: Provided, That the same shall not apply to cases where it is impossible to hire an operator since the ship or aircraft is on a voyage or flight, and in other cases prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 70-2 (Measure Against Cheater)
With respect to an examinee who cheats at a technical qualification examination for operators, the Minister of Science and ICT shall interrupt or invalidate his/her examination, and shall suspend his/her qualification for examination for three years from the date of the relevant examination.
<Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 13588, Dec. 22, 2015]
 Article 71 (Posting of Operators)
Every authorized person shall post the operator at his/her radio station according to standards for qualification and posting of a fixed number of operators prescribed by Presidential Decree: Provided, That none of the following persons shall be posted at any radio station: <Amended by Act No. 12726, Jun. 3, 2014>
1. A person under adult guardianship;
2. Any person sentenced to imprisonment without labor or a heavier punishment declared by a court for committing a crime of insurrection and foreign aggression under the Criminal Act, a crime of serving the interest of the enemy under the Military Criminal Act, or a crime of violating the National Security Act and for whom five years have not passed from the date on which such sentence was not completely executed or the non-execution of the sentence has been final.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 71-2 (Investigations and Measures)
(1) The Minister of Science and ICT may require subordinate public officials to conduct an investigation or test, in the following cases: <Amended by Act No. 11712, Mar. 23, 2013; Act No. 13012, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017>
1. When there exists radio interference or electromagnetic interference caused by radio facilities, high voltage lines, or other electronic facilities, or when it becomes known that electromagnetic waves emitted by radio facilities, etc. exceed a certain level specified in the technical requirements for human exposure to electromagnetic wave under Article 47-2 (1);
2. When it is necessary to check whether equipment that has undergone conformity assessment is manufactured, imported, or sold in accordance with the requirements for conformity assessment;
3. When a person is deemed to have violated any of the provisions of Articles 19, 19-2, 24, 25, 29, 45, 52, 58, 58-2, or 58-10.
(2) The Minister of Science and ICT may request the submission of related data or equipment, when necessary for an investigation or test under paragraph (1), or may require subordinate public officials to investigate or test facilities in places where the relevant radio facilities or equipment is located, offices of relevant institutions or business places, or any other place as necessary. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) When public officials enter places where radio facilities or equipment is located, offices of relevant institutions, business places or other necessary places under paragraph (2), the Minister of Science and ICT shall notify the authorized persons of the relevant radio stations or the heads of the institutions of investigation plans stating the purposes, methods and period of investigations, at least seven days before such investigation is conducted: Provided, That the same shall not apply if the case is urgent or it is deemed that the advance notification might hinder the investigation, for example, by way of destruction of evidence. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Public officials who conduct an investigation or test under paragraph (1) shall carry an identification verifying their authority and present it to interested persons.
(5) If any violation is confirmed according to an investigation or test under paragraph (1), the Minister of Science and ICT may order the relevant authorized person, persons who manufacture, import, sell or lease the relevant equipment, persons who display, keep or transport the relevant equipment for the purpose of selling or leasing it, or persons who install the relevant equipment in radio stations or broadcasting and communications networks, to improve, correct, collect, remove or destroy the relevant equipment or stop manufacturing, importing, selling or using the relevant equipment and take other necessary measures, or request the heads of relevant central administrative agencies to issue necessary orders. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) Matters necessary for the procedures, methods, etc. of investigations, tests and measures under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended by Act No. 13588, Dec. 22, 2015>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 72 (Revocation of Authorization to Establish Radio Stations)
(1) Where an authorized person, etc. falls under any of the following circumstances, the authorization to establish a radio station, a report on its establishment, or the approval for use of radio frequencies shall lose its validity: <Amended by Act No. 12726, Jun. 3, 2014>
1. Where an authorized person who has been assigned radio frequencies under Articles 11 and 12 becomes subject to the revocation of assignment of radio frequencies under Article 15-2, or fails to be reassigned radio frequencies under Article 16 (1);
2. Where he/she becomes disqualified under Article 20 (1) 1 through 3;
3. Where he/she fails to obtain renewed approval or authorization under Article 22 (1).
(2) Where an authorized person falls under any of the following, the Minister of Science and ICT or the Korea Communications Commission may revoke the authorization to establish the relevant radio station, or issue an order discontinuing operation of the radio station, the establishment of which has been filed or the suspension of operation thereof or the restriction on the authorized operational hours, radio frequencies or the antenna supply power of the radio station for a given period not exceeding six months: Provided, That in cases falling under subparagraph 1 or 2, the Minister of Science and ICT or the Korea Communications Commission shall order the revocation or the discontinuation of the operation of the radio station: <Amended by Act No. 8776, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 13519, Dec. 1, 2015; Act No. 14839, Jul. 26, 2017>
1. Where the authorized person falls under any subparagraph of Article 20 (1);
2. Where the authorized person obtains authorization to establish a radio station under Article 21 or authorization for change by fraud or other improper means;
3. Where the authorized person fails to complete the establishment of the radio station within 30 days after the expiration of the deadline for completing the construction (referring to the extended deadline if extended under Article 24 (2)) entered in the certificate of authorization for a radio station under Article 21 (4) or the certificate of report on a radio station under Article 22-2 (2);
4. Where the authorized person operates the radio station without obtaining authorization under Article 23 (2) or filing a report under Article 23 (3);
4-2. When the authorized person operates the radio station under Article 19-2 (1) 3 without filing a completion report under Article 24 (1) or operates the radio station without undergoing reinspection, in violation of Article 25 (3);
4-3. When the authorized person fails to apply for reinspection within the deadline referred to in the proviso to Article 24 (3) or the proviso to Article 25 (3) (number of days delayed due to the situation of inspection institutions shall be excluded in calculating the period of inspection) or fails to pass reinspection after applying for reinspection;
5. Where the authorized person rejects or obstructs an inspection under Article 24 (4) and (5) (including cases applied mutatis mutandis under Article 58 (3));
6. Where the authorized person operates the radio station without undergoing a completion inspection in violation of Article 25 (1);
6-2. Deleted; <by Act No. 10393, Jul. 23, 2010>
7. Where the authorized person has suspended the operation of the radio station for at least six consecutive months without justifiable grounds;
8. Where the authorized person fails to pay spectrum use fees;
9. Where the authorized person operates the radio station beyond the scope of the matters authorized or reported, in violation of Article 25 (2);
10. Where the authorized person fails to satisfy the conditions of a mandatory ship station and a mandatory aircraft station, such as radio frequencies to be used and the type of radio frequencies, in violation of Article 28 (1);
11. Where the authorized person fails to observe matters on the security of communications, in violation of Article 30 (1);
12. Where the authorized person communicates with an experimental station of a foreign country, in violation of Article 31 (1);
13. Where any experimental station and amateur station communicate by using secret languages, in violation of Article 31 (2);
14. Where technical requirements for any radio facilities are not complied with, in violation of Article 45;
15. Where any radio facilities fail to be installed according to the safety requirements, in violation of Article 47;
16. Where the authorized person leases, entrusts for operation of, or uses jointly with other persons, any radio facilities without obtaining approval, in violation of Article 48 (1);
17. Where the authorized person fails to pay fees, in violation of Article 69 (1);
18. Where any operator operates or performs installation and maintenance of radio facilities beyond the scope of engagement in radio work, in violation of Article 70 (3);
19. Where any person, other than an operator, operates or performs installation and maintenance of radio facilities, in violation of Article 70 (4);
20. Where the authorized person fails to place an operator at the radio station, in violation of Article 71, or place a person under any subparagraph of Article 71 at the radio station.
(3) In any of the following cases, the Minister of Science and ICT or the Korea Communications Commission may revoke authorization to establish a radio station, or issue an order discontinuing operation of a radio station, the establishment of which has been filed or restriction on any change or operation thereof or suspension of the operation thereof: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Where an emergency occurs;
2. Where necessary to prevent radio interference;
3. Where radio frequencies are withdrawn or relocated under Article 6-2.
(4) The Minister of Science and ICT or the Korea Communications Commission shall notify the authorized person in writing of the loss of validity in the case of paragraph (1) and of the details of a disposition and the grounds therefor in the case of a disposition taken under paragraph (2) or (3). <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) Detailed standards for revoking authorization to establish a radio station or issuing orders discontinuing operation of a radio station, the establishment of which has been filed under paragraphs (2) and (3), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9128, Jun. 13, 2008>
 Article 73 (Imposition and Collection of Penalty Surcharges)
(1) The Minister of Science and ICT or the Korea Communications Commission may, in cases where it must issue an order to suspend operation of a radio station or limit the use of radio frequencies, etc. in accordance with Article 72 (2) and such suspension or limit is likely to cause severe inconvenience to the users of such radio station or harm the public interest, impose and collect a penalty surcharge not exceeding 30 million won in lieu of such suspension or limit. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The types of violation subject to the imposition of a penalty surcharge in accordance with paragraph (1), the amount of a penalty surcharge determined according to the extent of violation and other necessary matters shall be prescribed by Presidential Decree.
(3) The Minister of Science and ICT or the Korea Communications Commission shall, when a person liable to pay a penalty surcharge under paragraph (1) fails to pay such penalty surcharge, urge him/her to make the payment by a given period, and, if he/she fails to pay the penalty surcharge within the given period, collect it in the same manner as delinquent national taxes are collected. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Article 72 (4) shall apply mutatis mutandis to the imposition and collection of penalty surcharges under paragraph (1).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Articles 74 and 75 Deleted. <by Act No. 10393, Jul. 23, 2010>
 Article 76 (Revocation of Technical Qualification for Operators)
(1) The Minister of Science and ICT may, when any operator falls under any of the following, revoke his/her technical qualification or order him/her not to engage in radio work for a period not exceeding three years, as prescribed by Presidential Decree: Provided, That in cases under subparagraph 1, the technical qualification shall be revoked: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. Where he/she obtains his/her technical qualification for radio work by fraud or other improper means;
1-2. Where he/she allows other person to use his/her title of an operator or lends his/her technical qualification certificate to other person;
2. Where he/she operates a radio station without undergoing a completion inspection, in violation of Article 25 (1);
3. Where he/she operates a radio station beyond the scope of the matters permitted or reported, in violation of Article 25 (2);
4. Where he/she operates a radio station without observing the matters relating to the radio station's calling method, responding method, the hours of operation, the obligation to listen and other communications methods as prescribed and publicly notified by the Minister of Science and ICT in violation of Article 27;
5. Where he/she fails to take necessary measures after receiving any distress signal, emergency communications or safety communications, in violation of Article 28 (2);
6. Where he/she fails to give notice to a coast station when any ship station moves into or out of the communications range of the coast station, in violation of Article 28 (3);
7. Where any aircraft station fails to communicate with an aeronautical station, in violation of Article 28 (4);
8. Where he/she fails to observe the matters relating to the security of communications, in violation of Article 30 (1) or fails to receive education on the security of communications, in violation of paragraph (2) of the same Article;
9. Where any experimental station and amateur station communicate by using secret languages, in violation of Article 31 (2);
10. Where any operator operates or performs installation and maintenance of radio facilities beyond the scope of engagement in radio work, in violation of Article 70 (3).
(2) A person whose technical qualification is revoked pursuant to paragraph (1) may not obtain technical qualification for an operator during three years from the date of revocation. <Newly Inserted Act No. 13588, Dec. 22, 2015>
(3) Detailed standards for the revocation, etc. of the technical qualifications of operators under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 13588, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 77 (Hearings)
The Minister of Science and ICT or the Korea Communications Commission shall hold a hearing if he/she or it intends to take any of the following dispositions: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 12726, Jun. 3, 2014; Act No. 13519, Dec. 1, 2015; Act No. 13588, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
1. Withdrawal of radio frequencies or relocating radio frequencies under Article 6-2;
2. Revocation of approval for taking over or taking on lease of the right to use a radio frequency under Article 14 (8);
3. Revocation of the assignment of a radio frequency under Article 15-2;
4. Revocation of Approval for the transfer or leasing out, etc. of the right to use a satellite radio frequency under Article 41 (7);
5. Revocation of Approval for the transfer or leasing out of radio facilities of a space station under Article 42-2 (4);
6. Revocation of the conformity assessment under Article 58-4;
7. Issuance of an order for business suspension, or revocation of the designation, of a designated testing body referred to in Article 58-7 (2) and (3);
8. Revocation of authorization to establish a radio station, or issuance of an order discontinuing operation of a radio station a report on the establishment of which has been made, an order to suspend the operation of a radio station, or an order to restrict the authorized operational hours, radio frequencies or antenna supply power of a radio station, pursuant to Article 72 (2);
9. Revocation of a technical qualification or issuance of an order to suspend engagement in radio work Article 76.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 78 (Delegation and Entrustment of Authority)
(1) The Minister of Science and ICT may delegate part of his/her authority granted under this Act to the heads of institutions affiliated therewith, as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may entrust part of his/her duties granted under Articles 7, 7-2, 18, 24 (1), (4) and (5) (including cases applied mutatis mutandis under Article 58), 25-2 (1) (including cases applied mutatis mutandis under Article 58), 47-2 (4) and (5), 58-2, 63 through 65, 69, and 70 (1) and (2) to the Agency, the Association, or key telecommunications business entities prescribed in the Telecommunications Business Act, as prescribed by Presidential Decree. <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) The Korea Communications Commission may entrust part of its authority granted under this Act to the heads of institutions affiliated with the Ministry of Science and ICT, Agency, or Association, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 79 (Application Mutatis Mutandis of Other Statutes)
(1) Deleted. <by Act No. 7815, Jul. 23, 2010>
(2) Articles 45, 72 through 74, 76 through 78, 80, subparagraph 6 of Article 95 and Article 104 (1) 1 and 2 of the Telecommunications Business Act shall apply mutatis mutandis to the construction or repair of the antennas and facilities attached thereto, which are used for managing radio waves: Provided, That when it is intended to construct or repair them on a road under the Road Act, on a river under the River Act, or on a designated harbor under the Harbor Act, prior consultations shall be made with the competent management agency. <Amended by Act No. 9773, Jun. 9, 2009; Act No. 10166, Mar. 22, 2010; Act No. 13519, Dec. 1, 2015>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER IX PENALTY PROVISIONS
 Article 80 (Penalty Provisions)
(1) Any person who sends communications by using radio facilities or communications facilities with entire lines having a flow of electric current of at least nine kilohertz (referring to communications facilities excluding cable transmission facilities and balanced 2-line system spiral transmission facilities), which advocate destruction of the Constitution of the Republic of Korea or State agencies established by the Constitution of the Republic of Korea by violence, shall be punished by imprisonment with labor for at least one year, but not exceeding 15 years. <Amended by Act No. 12726, Jun. 3, 2014; Act No. 13519, Dec. 1, 2015>
(2) Any person who attempts to commit the crime of paragraph (1) shall be punished.
(3) Any person who prepares or conspires to commit the crime of paragraph (1) shall be punished by imprisonment with labor for not more than ten years. <Amended by Act No. 12726, Jun. 3, 2014>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 81 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than ten years, or by a fine not exceeding 100 million won: <Amended by Act No. 12726, Jun. 3, 2014>
1. The captain of a ship or aircraft, who fails to issue a necessary order in a situation requiring sending of distress and emergency signals or safety signals, and any operator, who receives an order to send such signals but fails to do so without delay;
2. An operator who fails to take measures to send distress signals under Article 28 (2) or delays sending such signals;
3. A person who obstructs measures taken to send distress signals.
(2) Any criminal attempt under paragraph (1) 2 and 3 shall be punished.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 82 (Penalty Provisions)
(1) Any person who damages radio facilities of a radio station, which are provided for the following services or obstructs radio communications by causing impediments to functions of radio facilities by touching them with objects or by any other means shall be punished by imprisonment with labor for not more than ten years, or by a fine not exceeding 100 million won: <Amended by Act No. 12726, Jun. 3, 2014>
1. Telecommunications services;
2. Broadcasting services;
3. Public safety services;
4. Meteorological services;
5. Power supply services;
6. Operations of rails, ships and aircraft.
(2) Any person who commits any act referred to in paragraph (1) to radio facilities, other than those of paragraph (1), shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won. <Amended by Act No. 12726, Jun. 3, 2014>
(3) Any person who attempts to commit the crime of paragraphs (1) and (2) shall be punished.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 83 (Penalty Provisions)
(1) Deleted. <by Act No. 13588, Dec. 22, 2015>
(2) Any person who sends distress signals by means of radio facilities despite the non-existence of any ship or aircraft in distress shall be punished by imprisonment with labor for not more than five years.
(3) Any person engaged in radio work shall be punished by imprisonment with labor for not more than ten years, or by a fine not exceeding 100 million won, if he/she commits the act referred to in paragraph (2). <Amended by Act No. 13588, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 84 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 12726, Jun. 3, 2014; Act No. 13233, Mar. 27, 2015; Act No. 13588, Dec. 22, 2015>
1. A person who establishes or operates a radio station under Article 19 (1) 3 or 4 without obtaining authorization under Article 19 (1) or filing a report under Article 19-2 (1);
2. A person who transfers or takes over, or leases out or takes on lease the whole or part of the right of use a satellite radio frequency or discontinue the use of a satellite radio frequency, etc., without obtaining approval under Article 41 (3);
3. A person who transfers or takes over, or leases out or takes on lease the whole or part of radio facilities of a space station (including the case of operating the whole or part of radio facilities of a space station by entrustment to other person or jointly using the whole or part of radio facilities of a space station with other person), without obtaining approval under Article 42-2 (1);
4. A person who installs or operates communications facilities under Article 58 (1) 2 without obtaining authorization under the same paragraph;
5. A person who sells equipment which has not undergone conformity assessment under Article 58-2, or manufactures, or imports such equipment for the purpose of selling it;
6. A person who replicates, remodels, or alters equipment which has undergone conformity assessment, in violation of Article 58-10 (1).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 85 Deleted. <by Act No.13588, Dec. 22, 2015>
 Article 86 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 8776, Dec. 21, 2007; Act No. 10393, Jul. 23, 2010; Act No. 12726, Jun. 3, 2014>
1. A person who refuses or obstructs an inspection, measurement, investigation, test or access to relevant sites under Articles 24 (4) and (5) (including cases applied mutatis mutandis under Article 58 (3)), 47-2 (5), 71-2 (1) and (2) (including cases applied mutatis mutandis under Article 47-3 (4));
1-2. and 2. Deleted; <Act No. 10393, Jul. 23, 2010>
3. A person who fails to execute an order issued under Article 47-2 (6);
4. A person who constructs a building or installations without obtaining approval under Article 52 (1);
4-2. A person who displays, keeps, or transports equipment which has failed to undergo conformity assessment, for the purpose of selling or leasing it out, or installs such equipment in a radio station or a broadcasting and communications network, in violation of Article 58-2 (1);
5. A person who fails to execute an order issued under Articles 58-4 (1) or 71-2 (5);
5-2. A person who sells or leases out equipment replicated, remodeled or altered in violation of Article 58-10 (2), or displays, keeps or transports such equipment for the purpose of selling or leasing it out, or installs such equipment in a radio station or a broadcasting and communications network;
6. A person who operates a radio station or radio facilities which have been ordered to suspend their operation under Article 72 (2) or (3) (including cases applied mutatis mutandis under Article 58 (3)), or communications facilities and equipment under Article 58 (1) 2.
 Article 87 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding one million won: <Amended Act No. 10393, Jul. 23, 2010>
1. A person who establishes or operates a radio station under Article 24-2 (1) 1 through 3 without obtaining authorization under Article 19 (1);
2. A person who operates facilities under Article 58 (1) 1 whose operation has been suspended under Article 72 (3) (including cases applied mutatis mutandis under Article 58 (3)).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 88 (Joint Penalty Provision)
Where the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations described in Article 84 or 86 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine specified in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
[This Article Wholly Amended by Act No. 10393, Jul. 23, 2010]
 Article 89 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Any of the following persons shall be deemed as if he/she were a public official in the application of Articles 129 through 132 of the Criminal Act: <Amended by Act No. 14839, Jul. 26, 2017>
1. A person who is not a public official, among the members of the frequency deliberation committee under Article 6-2 (3);
2. A person dealing with the affairs of conformity assessment tests pursuant to Article 58-5 (1);
3. A person engaged in the affairs entrusted by the Minister of Science and ICT or the Korea Communications Commission pursuant to Article 78 (2) and (3).
[This Article Wholly Amended by Act No.13588, Dec. 22, 2015]
 Article 89-2 (Administrative Fines)
Any person who fails to notify or falsely notifies the number of subscribers who have entered into a new service contract and the total number of subscribers under Article 19 (3) shall be subject to an administrative fine not exceeding ten million won.
[This Article Newly Inserted by Act No. 9128, Jun. 13, 2008]
 Article 89-3 (Administrative Fines)
Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1. A person who operates a radio station without undergoing inspection for the relevant radio station, in violation of Article 24 (7);
2. A person who fails to jointly use a radio station, in violation of an order under Article 48-2 (1), or uses a radio station without establishing it in an environmentally-friendly manner.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
 Article 90 (Administrative Fines)
Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11451, May 23, 2012; Act No. 12726, Jun. 3, 2014; Act No. 13519, Dec. 1, 2015>
1. A person who operates in violation of any of the matters stated in a certificate of use approval issued under Article 18-2 (3), with respect to the type of radio waves, the occupied bandwidth and radio frequency, the antenna supply power, and the type, configuration, and gain of antennas;
1-2. A person who operates a radio station under Article 19-2 (1) 1 or 2 without filing a report thereon;
2. A person who operates a radio station under Article 19-2 (1) 3 without filing a completion report in violation of Article 24 (1), or without undergoing reinspection, in violation of Article 25 (3);
2-2. A person who operates radio facilities, in violation of Article 25 (1);
3. A person who operates a radio station beyond the matters authorized or reported, in violation of the main sentence of Article 25 (2);
3-2. Deleted; <by Act No. 10393, Jul. 23, 2010>
4. A person who fails to indicate electromagnetic waves levels, in violation of Article 47-2 (8);
5. A person who operates facilities without obtaining authorization under Article 58 (1) 1;
5-2. A person who fails to display related documents after completing registration of conformity, in violation of Article 58-2 (4);
5-3. A person who sells or leases out equipment, displays, keeps or transports such equipment for the purpose of selling or leasing it out, or installs such equipment in a radio station or a broadcasting and communications network, without indicating the fact that he/she has undergone conformity assessment, in violation of Article 58-2 (6);
5-4. A person who refuses or obstructs an inspection or access to relevant sites under Article 58-6 (1);
5-5. A person who refuses or obstructs a request to submit data or equipment under Article 58-6 (1) or 71-2 (2) (including cases applied mutatis mutandis under Article 47-3 (4));
5-6. A person who fails to indicate as prescribed in Article 58-12 (1);
5-7. A person who fails to comply with an order prescribed in Article 58-12 (3);
5-8. A person who operates a radio station, in violation of an order under Article 71-2 (5);
6. A person who violates the restriction on operation under Article 72 (2) or (3) (including cases applied mutatis mutandis under Article 58 (3)).
 Article 91 (Administrative Fines)
Any of the following persons shall be subject to an administrative fine not exceeding two million won:
1. A person who fails to perform his/her responsibility with respect to urgency communications, safety communications or emergency communications, in violation of Article 28 (2);
2. A person who operates a radio station, in violation of the main sentence of Article 29;
3. A person who fails to observe matters relating to the security of communications under Article 30 (1) or to receive education for the security of communications under paragraph (2) of the same Article;
4. A person who operates radio facilities which are not in conformity with technical requirements for radio facilities or safety requirements, in violation of Articles 45 and 47;
5. A person who fails to report on the results of measurement of the electromagnetic field strength, in violation of Article 47-2 (3), or who has made a false report thereon;
6. A person who operates or performs installation and maintenance of radio facilities, in violation of the main sentence of Article 70 (4);
7. A person who operates or performs installation and maintenance of radio facilities during a period for which he/she has been subject to suspension of his/her business under Article 76.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 92 (Administrative Fines)
Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 10393, Jul. 23, 2010>
1. A person who fails to obtain approval in violation of Article 14 (3);
2. A person who fails to obtain authorization in violation of Article 23 (2) or fails to file a report in violation of paragraph (3) of the same Article;
3. A person who fails to file a report in violation of Article 25-2 (1);
4. A person who fails to report revised matters, in violation of Article 58-2 (5);
5. A person who fails to observe the conditions of interim certification under Article 58-2 (7).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
 Article 93 (Imposition and Collection of Administrative Fines)
The administrative fines prescribed in Articles 89-2, 89-3 and 90 through 92 shall be imposed and collected by the Minister of Science and ICT or the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10393, Jul. 23, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2000.
Article 2 (Transitional Measures concerning Structures Impeding Reception of Broadcasts)
The provisions of Article 36 shall apply to structures subject to the application of structures impeding the reception of broadcasts under Article 74-4 of the Radio Waves Act (Act No. 4193) as at the time this Act enters into force.
Article 3 (Transitional Measures concerning Assignment of Radio Frequencies)
Radio frequencies granted by the Minister of Information and Communication to a person, as at the time this Act enters into force, who has been granted authorization as a key communications business entity under the provisions of Article 5 of the Telecommunications Business Act shall be deemed radio frequencies assigned under the provisions of Article 12.
Article 4 (Transitional Measures concerning Authorization to Establish Radio Stations)
Notwithstanding the provisions of Articles 21 (2) and 34 (2), a person who files an application for authorization to establish a radio station under the previous provisions as at the time this Act enters into force shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Apparatus Undergoing Electromagnetic Interference Tests)
Any apparatus that underwent an electromagnetic interference test as at the time the Radio Waves Act (Act No. 5218) was enforced shall be deemed to have gone through registration of conformity under the provisions of Article 57.
Article 6 (Transitional Measures concerning Qualification Certificate for Operators)
Any qualification certificate for an operator, which is granted as at the time this Act enters into force, shall be deemed the technical qualification certificate under Article 70 (2).
Article 7 (Transitional Measures concerning Areas for Prevention of Electromagnetic Interference)
The area for prevention of electromagnetic interference, which was designated under the previous provisions as at the time the Radio Wave Act (Act No. 5637) entered into force shall be governed by the provisions prior to the enforcement of the same Act until the time determined and publicly notified by the Minister of Information and Communication notwithstanding the provisions of Articles 74-2 and 74-3 of the same Act.
Article 8 (Transitional Measures concerning Penalty Surcharge, Penalty Provisions, and Administrative Fines)
The previous provisions shall apply to the imposition of penalty surcharges, penalty provisions and administrative fines for any act committed prior to the enforcement of this Act.
Article 9 Omitted.
Article 10 (Relation to Other Statutes or Regulations)
Where previous provisions are cited in other statutes or regulations as at the time this Act enters into force, and there are corresponding provisions in this Act, the corresponding provisions of this Act shall be considered to be cited in lieu of the previous provisions.
ADDENDA <Act No. 6315, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6909, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7264, Dec. 30, 2004>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Reckoning Date of Effective Period of Approval for Use of Radio Frequencies) Any person who has obtained approval for use of radio frequencies under Article 19 (5) before this Act enters into force shall be deemed to have obtained approval for use on the enforcement date of this Act.
(3) (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the application of penalty provisions for the acts committed before this Act enters into force.
ADDENDA <Act No. 7265, Dec. 30, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7441, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 7559, May 31, 2005>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7815, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Frequency Use Period)
Notwithstanding the amended provisions of Article 15 (1), a person who is assigned radio frequencies under the provisions of Article 12 before this Act enters into force shall be deemed to be granted with the use period of five years from the enforcement date of this Act.
Article 3 (Special Example of Reassignment)
In cases of making a reassignment, as the frequency use period is expired, to a facilities-based telecommunications business entity who has obtained authorization under Article 5 of the Telecommunications Business Act in order to provide the telecommunication services as provided for by Ordinance of the Ministry of Information and Communication before this Act enters into force, who is deemed to have been granted a use period of five years from the enforcement of this Act under the provisions of Article 2 of the Addenda, the assignment of radio frequencies for consideration shall be made under the amended provisions of Article 11.
Article 4 (Establishment Registration of the Korea Radio Promotion Agency, and Transitional Measures)
(1) The head of the Korea Radio Station Management Agency (hereinafter referred to as the "Management Agency") established under the provisions of previous Article 66 shall prepare the articles of association of the Korea Radio Promotion Agency under the amended provisions of Article 66 without delay after the enforcement of this Act, and obtain approval of the Minister of Information and Communication.
(2) When the head of the Management Agency has obtained approval under the provisions of paragraph (1), he/she shall file an establishment registration of the Promotion Agency without delay.
(3) Notwithstanding the provisions of dissolution and liquidation of a juristic person of the Civil Act. when the establishment registration of the Promotion Agency has been completed under the provisions of paragraph (2), the Management Agency shall be deemed to have been dissolved.
(4) Where the head of the Management Agency obtains approval under the provisions of paragraph (1), when he/she has obtained approval of the Minister of Information and Communication through a resolution of the board of directors concerning the comprehensive succession of the Management Agency's property, rights and obligations, the property, rights and obligations of the Management Agency shall be succeeded comprehensively by the Promotion Agency on the establishment registration date of the Promotion Agency. In such cases, the value of the succeeded property shall be the book allocation on the previous day of the establishment registration date.
(5) The name of the Management Agency indicated on the register for the property, rights and obligations to be succeeded by the Promotion Agency at the time of completion of establishment registration under the provisions of paragraph (2), and in other official books, shall be deemed to be the name of the Promotion Agency.
(6) When the establishment registration under the provisions of paragraph (2) has been completed, the acts performed by the Management Agency before this Act enters into force shall be deemed acts performed by the Promotion Agency, and the acts taken with respect to the Management Agency shall be deemed the acts performed with respect to the Promotion Agency.
(7) When the establishment registration under the provisions of paragraph (2) has been completed, officers and staff members of the Management Agency shall be deemed to be selected or appointed as officers and staff members of the Promotion Agency under this Act. In such cases, the terms of the Promotion Agency's officers shall be reckoned from the time of selection as officers of the Management Agency under the previous provisions.
(8) The head of the Management Agency may, in cases necessary for preparation for the establishment of the Promotion Agency, take the acts for a preparation of establishment, such as preparation, etc. of the articles of association under the provisions of paragraph (1), even before this Act enters into force.
Article 5 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to the acts performed before this Act enters into force shall be governed by the previous provisions.
Article 6 Omitted.
ADDENDUM <Act No. 8091, Dec. 26, 2006>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 8199, Jan. 3, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8770, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8776, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Establishment of Radio Stations) Any radio station subject to reporting of establishment under the proviso to Article 19 (1) with the exception of each subparagraph in accordance with the amended provision of Article 19 (1) 3 from among radio stations which obtained authorization for establishment before this Act enters into force shall be deemed to have filed a report on establishment under this Act, and other radio station subjected to file a report on establishment under the main sentence of Article 19 (1) with the exception of each subparagraph in accordance with the amended provision of Article 19 (1) from among the radio stations which obtained authorization for establishment before this Act enters into force shall obtain authorization for establishment under this Act within six months from the enforcement date of this Act.
(3) (Transitional Measures concerning Penalty Provisions and Administrative Fines) The previous provisions shall apply to the application of penalty provisions or administrative fines for the acts performed before this Act enters into force.
(4) Omitted.
ADDENDA <Act No. 8867, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9128, Jun. 13, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 57 (1) 2 shall enter into force on January 1, 2009.
Article 2 (Transitional Measures concerning Transfer or Lease of Right for Use of Radio Frequencies)
Notwithstanding the amended provision of Article 14 (3), the previous provisions shall apply to the approval for transfer or lease of the right to use radio frequencies in cases where it has been transferred or leased before this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall apply to the application of penalty provisions and administrative fines for the acts committed before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 9455, Feb. 6, 2009>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Effective Term of Authorization to Establish Radio Stations) Notwithstanding the amended provision of Article 22 (1), the previous provisions shall apply to the effective term of authorization for a person who has been granted authorization to establish a radio station under the previous provision as at the time this Act enters into force.
ADDENDUM <Act No. 9482, Mar. 13, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9535, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9773, Jun. 9, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9780, Jun. 9, 2008>
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. 10166, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10393, Jul. 23, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That, among the provisions of Articles 7 (6) and (7), 11 (5), (6) and (7), and 67 (1), the amended provisions concerning the Information and Communications Promotion Fund and the Broadcasting Communication Development Fund shall enter into force on January 1, 2011.
Article 2 (Transitional Measures concerning Establishment of Radio Stations)
Among radio stations whose establishment was authorized before this Act enters into force, those subject to a report on establishment under the former part of the main sentence of Article 19-2 (1) in accordance with the amended provisions of Article 19-2 (1) 4, shall be deemed to have filed a report on establishment under this Act.
Article 3 (Transitional Measures concerning Type Examination, Type Registration, Electromagnetic Compatibility Registration, and Type Approval)
(1) If, as at the time this Act enters into force, any application for type examination, type registration or electromagnetic compatibility registration is filed for equipment of radio facilities pursuant to previous provisions, or any application for type approval is filed for facilities and equipment of telecommunications under Article 33 of the previous Framework Act on Telecommunications, such examination, registration, and approval shall follow the previous provisions.
(2) If, as at the time this Act and paragraph (1) enters into force, type examination, type registration or electromagnetic compatibility registration is completed for equipment of radio facilities pursuant to previous provisions, or type approval is granted for facilities and equipment of telecommunications pursuant to Article 33 of the previous Framework Act on Telecommunications, such equipment or facilities and equipment shall be regarded to be broadcasting and communications equipment, etc. which has undergone conformity assessment prescribed in the amended provisions of Article 58-2.
Article 4 (Transitional Measures concerning Penalty Provisions)
When imposing penalties or administrative fines for violations of the previous Radio Waves Act committed before this Act enters into force, such imposition shall follow the previous Radio Waves Act.
Article 5 (Transitional Measures concerning Name Change)
(1) The Korea Radio Promotion Agency established as at the time this Act enters into force shall be deemed the Korea Communications Agency established under this Act.
(2) Acts performed under the name of the Korea Radio Promotion Agency and in any other legal relationship, as at the time this Act enters into force, shall be deemed to be performed under the name of the Korea Communications Agency.
(3) The name of the Korea Radio Promotion Agency indicated in a registry or other official books, as at the time this Act enters into force, shall be deemed to be the name of the Korea Communications Agency.
Article 6 Omitted.
Article 7 (Transitional Measures Following Amendments to Other Statutes)
When imposing penalties or administrative fines on violations of the previous Framework Act on Telecommunications committed before this Act enters into force, such imposition shall follow the previous Framework Act on Telecommunications.
Article 8 (Relations with Other Statues or Regulations)
A citation of provisions of the previous Radio Waves Act or the Framework Act on Telecommunications by any other statute or regulation in force as at the time this Act enters into force shall be deemed to be a citation of this Act or the corresponding provisions hereof in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 10564, Apr. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11451, May 23, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11712, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
(1) Any act related to the matters for which a competent body is to be changed from the Korea Communications Commission to the Minister of Science, ICT and Future Planning under this Act, from among the acts performed prior to the enforcement of this Act including the public notifications or administrative dispositions by the Korea Communications Commission, other acts of the Korea Communications Commission, applications or reports made to the Korea Communications Commission, etc., shall be deemed to be acts of the Minister of Science, ICT and Future Planning or acts made towards the Minister of Science, ICT and Future Planning.
(2) The Korea Communications Commission Regulations concerning the matters for which a competent body is to be changed from the Korea Communications Commission to the Minister of Science, ICT and Future Planning as this Act enters into force shall be deemed to be ordinance of the Ministry of Science, ICT and Future Planning until an ordinance of the Ministry of Science, ICT and Future Planning to replace such regulations is enacted and enforced.
ADDENDA <Act No. 12726, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 71, Articles 80 (1) and (3), 81 (1), 82 (1) and (2), and 83 (1) and (3), the part other than the subparagraphs of Article 84, and Articles 85 and 86 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Support for Users after Change of Spectrum Allocation)
The amended provisions of Article 9-2 shall apply, starting with the first case where a period for using radio frequencies after the change of spectrum allocation starts on or after June 1, 2011.
Article 3 (Applicability to Submission of Test Reports of Radio Stations Established upon Obtaining Approval for Use of Radio Frequencies)
The amended provisions of Article 25 (4) shall apply, starting with a radio station to be first established after this Act enters into force.
Article 4 (Transitional Measures concerning Approval for Use of Radio Frequencies)
A person who has obtained approval for use of radio frequencies pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have obtained approval for use of radio frequencies under the amended provisions of Article 18-2 (3).
Article 5 (Transitional Measures concerning Posting of Incompetents at Radio Stations)
Notwithstanding the amended provisions of subparagraph 1 of Article 71, the previous provisions shall apply to those declared incompetent or quasi-incompetent as at the time the aforesaid provisions enter into force, and for whom the declaration of such incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 13012, Jan. 20, 2015>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 1, 47-2 (1) and (2), and 71-2 (1) 1 shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13233, Mar. 27, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13519, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13588, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Causes of Disqualification for Establishment of Radio Station)
The representative of a juristic person who has established a radio station by obtaining authorization or filing a report in accordance with Article 19 or 19-2 as at the time this Act enters into force shall eliminate any grounds of disqualification under the amended provisions of Article 20 (1) 8 within one year from the date on which this Act enters into force.
Article 3 (Transitional Measures concerning Approval of Taking over or Taking on Lease of Right to Utilize Radio Frequencies with Respect to Satellite Radio Frequencies)
The person who has obtained approval of the taking over or taking on lease of the right to use a radio frequency with respect to a satellite radio frequency pursuant to Article 14 (3) as at the time this Act enters into force shall be deemed to have obtained approval of the taking over or taking on lease of the right to use a satellite radio frequency pursuant to the amended provisions of Article 41.
Article 4 (Transitional Measures concerning Approval of Lease of Radio Facilities of Space Stations)
A person who has obtained approval from the Minister of Science, ICT and Future Planning for the leasing out, operation by entrustment to other person or joint use with other person of radio facilities of a space station pursuant to the previous Article 34 (1) as at the time this Act enters into force shall be deemed to have obtained approval to lease out of radio facilities of the space station pursuant to the amended provisions of Article 42-2.
ADDENDA <Act No. 13859, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 14116, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 55 Omitted.
ADDENDUM <Act No. 14578, Mar. 14, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the statutes, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the statutes amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such statutes, respectively.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15373, Feb. 21, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Authorization for Succession to Status of Authorized Persons)
The amended provisions of Article 23 (4) and 5 (including cases applied mutatis mutandis in Article 58 (3)) shall begin to apply from the first application for authorization for succession to the status after this Act enters into force.