MILITARY TELECOMMUNICATIONS ACT
Act No. 901, Dec. 30, 1961
Amended by Act No. 4346, Mar. 8, 1991
Act No. 4394, Aug. 10, 1991
Act No. 8733, Dec. 21, 2007
Act No. 8926, Mar. 21, 2008
Act No. 10104, Mar. 17, 2010
Act No. 10793, jun. 9, 2011
The purpose of this Act is to contribute to the military administration and the execution of military operations by stipulating necessary matters concerning the management, operation, and setting up of military telecommunications facilities and by preserving the functions of military communications.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
The definitions of terms used in this Act shall be as follows:
| 1. | The term "military telecommunications" means the act of transmitting or receiving all kinds of signals, documents, sounds, or images by wired, wireless, fiber cable, or other electronic means in order to use them for military purposes. |
| 2. | The term "military telecommunications facilities" means machines, apparatuses, lines, and other facilities related to military communications to perform military telecommunications (hereinafter referred to as "military communications"). |
[ This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 3 (Managing Body) |
The management and operation of military telecommunications facilities (hereinafter referred to as "military communications facilities") shall be performed by the Minister of National Defense.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 4 (Places for Setting up Military Communications) |
Military communications shall be performed, with facilities thereof established in any place necessary for the military affairs.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 5 (Connection of Facilities, etc.) |
| (1) | Military communications facilities may be connected to the telecommunications facilities for business or the private telecommunications facilities under the Telecommunications Business Act. |
| (2) | The electric conductor of the military communications line may be added to the support of the electric conductor on the communications line of telecommunications facilities under paragraph (1) and on the line of the electric enterprise. |
| (3) | Where the connection or addition is performed pursuant to paragraphs (1) and (2), the Minister of National Defense shall consult in advance with the operator or the installer of the relevant communications facilities thereabout: Provided, That if the prior consultation is impossible because of national emergencies, such as a war or a disaster, which require prompt execution of military operations, the Minister of National Defense shall make a notification thereof after the connection or addition. |
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 6 (Entry into Building and Land) |
| (1) | A person who engages in installing, repairing, or measuring the military communications line may, if necessary, enter another person’s building or land, or erect a pole on the land to install or measure the line: Provided, That where he/she intends to enter a house, he/she shall issue in advance a notice thereof to the resident of the house and obtain his/her approval for entering and exiting the house. |
| (2) | A person who enters another person’s building, land, or house pursuant to paragraph (1) shall carry a certificate verifying his/her authority, and shall present it to the occupier or the person interested. |
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 7 (Use of Land, etc.) |
| (1) | The Minister of National Defense may use the national, public, or private land, the artificial structures attached to such land, the structures on the surface or below of the water, or public facilities (hereinafter referred to as "land, etc."), if necessary to install or repair the military communications line and the facilities attached thereto (hereinafter referred to as "line, etc."). |
| (2) | When the Minister of National Defense uses the land, etc. pursuant to paragraph (1), he/she shall issue a prior notice thereof to the competent authorities, the owner, or the occupier of the land, etc.: Provided, That if he/she is unable to issue a notice to them beforehand on account of unavoidable circumstances, he/she shall issue, without delay, a notice to them during or after the use of it. |
| (3) | Where the Minister of National Defense is unable to issue a notice to the owner or the occupier of the land, etc. on account of their unclear address or residence in cases provided for in paragraph (2), the Minister shall publicly notify the purpose and the period of its use, and other necessary matters. |
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 8 (Removal of Obstacles, etc.) |
| (1) | If movable artificial structures, buried objects, apparatuses, bamboo trees, or other plants (hereinafter referred to as "artificial structures, etc.") obstruct installation of the military communications line, etc. or jam the electric wave of the military communications, the Minister of National Defense may request the owner or the occupier thereof to demolish them, change their state, cut them down, or transplant them (hereinafter referred to as "removal"). |
| (2) | When the owner or the occupier of the artificial structures, etc. does not comply with the request under paragraph (1), or when unavoidable circumstances exist that make it impossible to remove the artificial structures, etc., the Minister of National Defense may remove the artificial structures, etc. after notifying the owner or the occupier thereof in advance. In such cases, with regard to the artificial structures, etc. prescribed by Presidential Decree, the Minister of National Defense shall have a prior consultation with the head of the relevant central administration agency thereabout. |
| (3) | When the address or the residence of the owner or the occupier of the artificial structures, etc. is unclear in cases of paragraphs (1) and (2), matters concerning the removal of the artificial structures, etc. shall be publicly notified, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No.10792, Jun. 9, 2011]
| Article 9 and 10 Deleted. <by Act No. 8733, Dec. 21, 2007> |
| Article 11 (Compensation for Losses) |
| (1) | The Minister of National Defense shall make fair compensation for the following losses: |
| 1. | A loss generated from the connection or addition under Article 5; |
| 2. | A loss generated from the entry into the land, etc. or from the erecting of poles on the land under Article 6 (1); |
| 3. | A loss generated from the use of the land, etc.under Article 7 (1); |
| 4. | A loss generated from the removal of artificial structures, etc. under Article 8. |
| (2) | A person who desires to receive compensation for any loss under paragraph (1) shall claim compensation from the Minister of National Defense by submitting a written claim for loss compensation accompanied by a statement of assessed loss and other necessary documents, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 12 (Period of Claim for Loss Compensation) |
The claim for compensation for loss under Article 11 (2) shall be made within one year from the day during which the grounds for such claim took place. [This Article Wholly Amended by Act No. 10792,Jun. 9, 2011]
| Article 13 (Notice of Determination of Amount of Compensation) |
When the Minister of National Defense has received a claim for compensation pursuant to Article 11 (2), he/she shall determine the amount of compensation within three months from the day during which the claim was made, and notify the claimant thereof in writing. [This Article Wholly Amended byAct No. 10792, Jun. 9, 2011]
A person who objects the amount of the compensation determined pursuant to Article 13 may raise an objection to the Minister of National Defense within one month from the day on which he/she received the notice thereof. [This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 15 (Management of Telecommunications Services by Military Communications) |
| (1) | When deemed necessary, the Minister of National Defense may provide military communications for the services for telecommunications under the Telecommunications Business Act. |
| (2) | Matters necessary for the management of public communications by military communications shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 16 (Crime of Communications Obstruction) |
Any person who damages military communications facilities and thereby impairs their functions or obstructs military communications shall be punished by imprisonment for not more than ten years or by a fine not exceeding fifty million won.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 17 (Crime of Violation of Secrecy) |
| (1) | Where any person who engages or has engaged in the services of military communications reveals secrets in respect of his/her duties, he/she shall be punished by imprisonment for not more than five years or by a fine not exceeding thirty million won. |
| (2) | Any person who has infringed or revealed the secrets of military communications shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won. |
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 18 (Crime of Opening, Impairment, Concealment, or Abandonment of Telegram) |
Where any person who engages in the services of military communications opens, impairs, conceals, or neglects a telegram he/she has received through military communications without justifiable reasons, or intentionally hands the telegram to any person other than the intended recipient, he/she shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 19 (Crime of Refusal to Provide Communications Services or False Communications) |
Where any person who engages in the services of military communications refuses to provide communications services or delays such services without justifiable grounds, or falsely performs the communications, he/she shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 20 (Crime of Obstruction of Laying, Repair, and Measurement of Communications Line) |
Any person who obstructs the installation, repair, measurement, or supervision of military communications lines shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 21 (Other Crimes) |
Any of the following persons shall be punished by a fine not exceeding three million won or a non-penal fine:
| 1. | A person who hangs an object on military communications facilities or the signposts thereof, throws objects at them, ties an animal to them, moors a ship or a raft to them, or spoils or damages them; |
| 2. | A person who moors a ship, catches fish, gathers marine products, or excavates dust and sand in the area of the underwater military communications line; |
| 3. | A person who conducts the activities referred to in subparagraph 2 or navigates within the designated distance from a ship used for installing or repairing the underwater military communications lines. |
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 22 (Attempted Crimes) |
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
| Article 23 (Joint Penal Provision) |
If a representative of a corporation or an agent, an employee, or any other servant of a corporation or an individual commits a violation under Article 20 or 21 in connection with the business of the corporation or the individual, in addition to the punishment of such person, the corporation or the individual shall be punished by a fine under each relevant Article: Provided, That such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply. [This Article Wholly Amended by Act No. 10104 Mar. 17, 2010]
ADDENDA
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | The case of the Imperial Order No. 310, the Military Communications Act in Year 4267 in the Dan-gun Era, which was applied to Chosun shall be abolished. |
ADDENDA <Act No. 4346, Mar. 8, 1991>
| (1) | (Enforcement Date) This Act shall enter into force from the date on which three months lapse after the promulgation of this Act. |
| (2) | (Transitional Measures for Various Obstruction Facilities) Various obstruction facilities which has been installed in the special area before this Act enters into force shall be deemed to have been installed with permission granted under this Act. |
ADDENDA <Act No. 4394, Aug. 10, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which four months lapse after the promulgation of this Act.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which nine months lapse after the promulgation of this Act. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 8926, Mar. 21, 2008>
This Act shall enter into force from the date on which one month lapses after the promulgation of this Act.
ADDENDUM <Act No. 10104, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10793, Jun. 9, 2011>
This Act shall enter into force on the date of its promulgation.