SPECIAL ACT ON THE DIGITIZATION OF TERRESTRIAL TELEVISION BROADCASTING AND THE PROMOTION OF DIGITAL BROADCASTING
Act No. 9077, Mar. 28, 2008
Amended by Act No. 9638, Apr. 22, 2009
Act No. 11690, Mar. 23, 2013
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote digitalization of television broadcasting provided by terrestrial broadcasting business operators under the Broadcasting Act and activation of digital broadcasting, thereby contributing to improvement of rights and interests of viewers and development of the national economy.
The definitions of terms used in this Act shall be as follows:
| 1. | The term "terrestrial television broadcasting" means television broadcasting provided by terrestrial television broadcasting business operators (hereinafter referred to as "terrestrial broadcasting business operators") under the Broadcasting Act; |
| 2. | The term "digital broadcasting" means television broadcasting transmitted after going through the process of digitalization; |
| 3. | The term "digitalization" means conversion to an electronic form with the aim of improving the utility of producing, sending, transmitting, receiving, preserving and using broadcasting; |
| 4. | The term "transition to digital broadcasting" means a series of processes ranging from digitalizing processes of producing, sending, transmitting and receiving broadcasting to terminating analog television broadcasting; |
| 5. | The term "high-definition" means an image signal format using not less than 1,080 scanning lines and 1,920 pixels included in a line with interlaced scanning, and not less than 720 scanning lines and 1,280 pixels in a line with progressive scanning; |
| 6. | The term "terrestrial digital tuner" means a device which can restore image, sound or data signals by receiving digital television broadcasting signals broadcasted in accordance with the standard for broadcasting service under the Radio Waves Act; |
| 7. | The term "receiving environment" means a regional environment or an environment by a type of residence, which can directly receive digital broadcasting provided by terrestrial broadcasting business operators; |
| 8. | The term "public institutions" means state agencies, local governments, and public enterprises and quasi-governmental organizations governed by the Act on the Management of Public Institutions and other institutions prescribed by Presidential Decree. |
| Article 3 (Basic Plans for Transition to Digital Broadcasting and Activation of Digital Broadcasting) |
| (1) | In order to promote efficient transition of terrestrial television broadcasting into digital broadcasting and activation of digital broadcasting, the Minister of Science, ICT and Future Planning shall formulate a basic plan to promote transition to digital broadcasting and activation of digital broadcasting (hereinafter referred to as "basic plan") every three years by considering all the related plans and policies, etc. of the relevant central administrative agencies prescribed by Presidential Decree, including the Ministry of Culture, Sports and Tourism, and finalize such plan after undergoing deliberation by the Digital Broadcasting Promotion Committee under Article 4. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The basic plans shall contain the following matters: <Amended by Act No. 9638, Apr. 22, 2009> |
| 1. | Matters on termination of analog television broadcasting provided by terrestrial broadcasting business operators; |
| 2. | Matters on promotion of digital broadcasting commenced in earnest and termination of analog television broadcasting; |
| 3. | Matters on support for viewers with regard to termination of analog television broadcasting; |
| 4. | Matters on activation of and support for digital broadcasting program production; |
| 5. | Matters on digitalization of facilities for producing, transmitting or sending broadcasting programs; |
| 6. | Matters on improving poor reception of digital broadcasting and the receiving environment; |
| 7. | Matters on wider distribution of digital television receivers; |
| 8. | Matters on provision of various digital broadcasting services; |
| 9. | Matters on research, technology development, or educational support aimed at promoting transition to digital broadcasting; |
| 10. | Matters on securing of financial resources and support for formulation and implementation of a basic plan. |
| (3) | Where the Minister of Science, ICT and Future Planning intends to formulate a basic plan, he/she may request the head of the relevant public institution prescribed by Presidential Decree to submit data needed for the formulation of such plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The head of the relevant public institution prescribed by Presidential Decree shall formulate and implement an implementation plan in the relevant areas for each year. In such cases, the Digital Broadcasting Promotion Committee under Article 4 shall deliberate on such plans in advance, and outcomes of deliberation shall be reflected in the relevant implementation plan for each year. |
| (5) | Paragraphs (1) and (4) shall apply mutatis mutandis where changes occur in a basic plan. |
| Article 4 (Digital Broadcasting Promotion Committee) |
| (1) | The Ministry of Science, ICT and Future Planning shall establish the Digital Broadcasting Promotion Committee (hereinafter referred to as the "Committee") in order to deliberate on matters concerning the efficient transition of terrestrial television broadcasting into digital broadcasting and activation of digital broadcasting. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Committee shall consist of not more than 20 members, including a chairperson, and shall be headed by the Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Members of the Committee shall be appointed or commissioned by the chairperson of the Committee, from among public officials of the relevant central administrative agencies prescribed by Presidential Decree or persons with abundant knowledge and experience in the area of digital broadcasting. |
| (4) | The term of office of members of the Committee, other than public officials, shall be two years and consecutive appointment may be permitted. |
| (5) | The chairperson of the Committee shall appoint one administrative secretary in charge of affairs of the Committee. |
| (6) | The Committee shall deliberate on the following matters: |
| 2. | An implementation plan for each year pursuant to Article 3 (4); |
| 3. | Matters on outcomes of conversion to digital broadcasting and activation of digital broadcasting; |
| 4. | Matters on conversion to digital broadcasting and activation of digital broadcasting, which are submitted to a conference by the chairperson of the Committee; |
| 5. | Other matters prescribed by this Act or other Acts and subordinate statues to be under the jurisdiction of the Committee. |
| (7) | The Committee shall establish a working committee in order to improve the operating efficiency of the Committee. |
| (8) | Other matters needed for the composition and operation of the Committee and the working committee shall be prescribed by Presidential Decree. |
CHAPTER II COMMENCEMENT OF DIGITAL BROADCASTING
| Article 5 (High-Definition Digital Broadcasting Programming) |
| (1) | Terrestrial broadcasting business operators shall organize high-definition digital broadcasting programs, the proportion of which shall be at least the ratio prescribed and publicly notified by the Minister of Science, ICT and Future Planning. In such cases, the Minister of Science, ICT and Future Planning may separately prescribe and publicly notify proportion of high-definition digital broadcasting programs of each broadcasting area or local broadcasting, by taking into account the characteristics of broadcasting areas and particularity of local broadcasting. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Science, ICT and Future Planning intends to publicly notify the proportion of high-definition digital broadcasting programs organized under paragraph (1), he/she shall listen to opinions of the Committee in advance. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 6 (Obligation to Have Built-in Terrestrial Digital Tuners) |
Any person who intends to manufacture or import any of the following products to sell in the domestic market shall ensure that such products are equipped with built-in terrestrial digital tuners: <Amended by Act No. 11690, Mar. 23, 2013>
| 2. | Electronic products related to television broadcasting reception (hereinafter referred to as "relevant electronic products"), which are prescribed and publicly notified by the Minister of Science, ICT and Future Planning in consultation with the Minister of Trade, Industry and Energy. |
| Article 7 (Termination of Analog Television Broadcasting) |
| (1) | The date for termination of analog television broadcasting shall be prescribed by Presidential Decree, within the period until December 31, 2012. |
| (2) | Terrestrial broadcasting business operators shall terminate analog television broadcasting by no later than the date for termination of analog television broadcasting under paragraph (1). |
| Article 7-2 (Promotion of Conversion to Digital Broadcasting) |
| (1) | The Minister of Science, ICT and Future Planning may impose each of the following duties on terrestrial broadcasting business operators which obtained permission to open a broadcasting station under the Radio Waves Act, so as to promote conversion to digital broadcasting and to protect rights and interests of viewers with regard to such conversion: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Establishment of a broadcasting station to send digital broadcasting; |
| 2. | Parallel with analog television broadcasting; |
| 3. | Other matters prescribed by Presidential Decree as necessary for promoting conversion to digital broadcasting and protecting rights and interests of viewers. |
| (2) | Where terrestrial broadcasting business operators request permission to open a broadcasting station under the Radio Waves Act, the Minister of Science, ICT and Future Planning may grant permission to such business operators on the condition that they shall comply with paragraph (1) 1 and 2. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When the Minister of Science, ICT and Future Planning imposes duties under paragraph (1) or stipulates conditions under paragraph (2), he/she may set a deadline for implementation thereof, and may check on a regular basis whether terrestrial broadcasting business operators perform their duties or satisfy the conditions. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Science, ICT and Future Planning may impose sanctions on terrestrial broadcasting business operators, including revocation of permission to open a broadcasting station, in accordance with standards prescribed by Presidential Decree, when they fail to perform duties under paragraph (1) 1 and 2 or to satisfy conditions under paragraph (2). In such cases, the provisions of the Radio Waves Act shall apply mutatis mutandis to procedures for revocation of permission to open a broadcasting station. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Science, ICT and Future Planning may establish and publicly notify measures aiming at promoting conversion to digital broadcasting. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 9638, Apr. 22, 2009]
| Article 8 (Marks and Advertisement of Television Receivers and Relevant Electronic Products) |
| (1) | Any person who manufactures or imports television receivers or the relevant electronic products shall attach a notice of the date for termination of analog television broadcasting and of whether or not to receive digital broadcasting by such products. |
| (2) | The Minister of Science, ICT and Future Planning shall prescribe and publicly notify detailed matters, such as types of products to which a notice shall be attached under paragraph (1), details of marks and advertisements and methods of attaching a notice, in consultation with the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER III SUPPORT FOR ACTIVATION OF DIGITAL BROADCASTING
| Article 9 (Measures Necessary for Conversion to Digital Broadcasting) |
The head of the relevant central administrative agency prescribed by Presidential Decree and the Minister of Science, ICT and Future Planning may take necessary measures, including publicity or support for viewers, as prescribed by Presidential Decree, in preparation for a change in receiving or transmitting environments of terrestrial televisions in the wake of termination of analog television broadcasting and conversion to digital broadcasting. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 10 (Support for People in Low-Income Bracket Following Conversion to Digital Broadcasting) |
| (1) | The head of the relevant central administrative agency prescribed by Presidential Decree and the Minister of Science, ICT and Future Planning shall establish policies to ensure that qualified recipients, etc. under the National Basic Living Security Act receive television broadcasting services without problems by taking into account income levels of viewers, with regard to termination of analog television broadcasting. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Necessary matters concerning persons eligible for support and methods of support, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 11 (Support for Terrestrial Broadcasting Business Operators) |
| (1) | The head of the relevant central administrative agency prescribed by Presidential Decree and the Minister of Science, ICT and Future Planning may consider the burden of additional expenses to be borne by terrestrial broadcasting business operators in the wake of conversion to digital broadcasting, and then formulate measures to improve the systems of broadcasting advertisements and fees for television broadcasting services to cover such expenses. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Committee may make a recommendation to the relevant agencies, such as the National Assembly, to implement supportive measures formulated under paragraph (1). |
| Article 12 (Support for Establishment of Supplementary Broadcasting Stations) |
Where terrestrial broadcasting business operators make an application for establishment of a supplementary terrestrial broadcasting station under the Radio Waves Act to improve poor reception of digital broadcasting, the Minister of Science, ICT and Future Planning may grant permission to terrestrial broadcasting business operators in consideration of activation of digital broadcasting. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 12-2 (Securing of Financial Resources for Conversion to Digital Broadcasting) |
The Minister of Science, ICT and Future Planning may use profits generated from allocation of frequencies to be retrieved following termination of analogue television broadcasting for the purposes of conversion to digital broadcasting and activation of digital broadcasting, in an effort to secure financial resources needed for conversion to and activation of digital broadcasting. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9638, Apr. 22, 2009]
CHAPTER IV IMPROVEMENT OF RECEIVING ENVIRONMENT OF DIGITAL BROADCASTING
| Article 13 (Improvement of Receiving Environment of Digital Broadcasting) |
| (1) | The head of the relevant central administrative agency prescribed by Presidential Decree and the Minister of Science, ICT and Future Planning shall establish measures to improve poor reception of digital broadcasting and the receiving environment and other measures for smooth reception of digital broadcasting (hereinafter referred to as "measures to improve the receiving environment of digital broadcasting"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Terrestrial broadcasting business operators shall formulate and implement a detailed plan for improving poor reception of digital broadcasting and the receiving environment in accordance with measures to improve the receiving environment of digital broadcasting. |
| Article 14 (Fact-Finding Survey on Receiving Environment) |
| (1) | The Minister of Science, ICT and Future Planning may conduct fact-finding surveys on the actual condition of digital broadcasting reception and conversion to digital broadcasting (hereinafter referred to as "fact-finding surveys") in order to promote conversion to digital broadcasting and activation of digital broadcasting. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning may request agencies, organizations or business operators, and management authority of apartment houses related to digital broadcasting, which are prescribed and publicly notified by the Minister of Science, ICT and Future Planning, to submit data or offer their opinions, when it is necessary for conducting fact-finding surveys. In such cases, any person who is requested to submit data or offer an opinion under paragraph (1) shall comply with such request unless any extenuating circumstances exist. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Science, ICT and Future Planning may publicize outcomes of the fact-finding survey conducted under paragraph (1) and request the relevant business operators to improve the receiving environment of digital broadcasting when it is necessary to do so. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 15 (Request, etc. for Submission of Data) |
| (1) | The Minister of Science, ICT and Future Planning may request agencies, organizations and business operators related to digital broadcasting, prescribed and publicly notified by the Minister of Science, ICT and Future Planning to submit data or offer opinions, when it is deemed necessary for formulating a basic plan and an implementation plan under Article 3 (4). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any person who is requested to submit data or offer an opinion under paragraph (1) shall comply with such request unless any extenuating circumstances exist. |
| Article 16 (Order for Rectification) |
The Minister of Science, ICT and Future Planning may issue orders for rectification to persons who fail to have built-in terrestrial digital tuners in violation of Article 6 or attach a notice to products in violation of Article 8 (1). <Amended by Act No. 11690, Mar. 23, 2013>
| Article 17 (Fines for Negligence) |
| (1) | Any person who fails to comply with an order for rectification pursuant to Article 16 without justifiable grounds shall be punished by a fine for negligence not exceeding 100 million won. |
| (2) | The criteria for imposition of fines for negligence and amounts of fines for negligence under paragraph (1) shall be prescribed by Presidential Decree, in consideration of the degrees, periods and grounds for violations. |
| (3) | Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Science, ICT and Future Planning (hereinafter referred to as "person who has the authority to impose fines for negligence"), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Any person who is dissatisfied with the disposition of a fine for negligence under paragraph (3) may raise an objection to the person who has the authority to impose fines for negligence within 30 days after the date he/she is notified of such disposition. |
| (5) | If any person who is subject to a disposition of a fine for negligence under paragraph (3) raises an objection under paragraph (4), the person who has the authority to impose fines for negligence shall, without delay, notify the competent court of such fact, which, in turn, shall proceed to a trial on the fine for negligence pursuant to the Non-Contentious Case Procedure Act. |
| (6) | If no fine for negligence is paid and no objection is raised within the period prescribed under paragraph (4), the fine for negligence shall be collected in the same manner as delinquent national taxes are collected. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That Article 6 shall enter into force on a date in accordance with the following classifications: |
| 1. | When the size of a television receiver is not less than 76 centimeters: July 1, 2008; |
| 2. | When the size of a television receiver is less than 76 centimeters but not less than 63 centimeters: January 1, 2009; |
| 3. | When the size of a television receiver is less than 63 centimeters: January 1, 2010; |
| 4. | The relevant electronic products: January 1, 2010. |
| (2) | (Term of Validity) This Act shall take effect until December 31, 2013. |
ADDENDUM <Act No. 9638, Apr. 22, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.