ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION
Wholly Amended by Act No. 6360, Jan. 16, 2001
Amended by Act No. 6585, Dec. 31, 2001
Act No. 6797, Dec. 18, 2002
Act No. 7139, Jan. 29, 2004
Act No. 7142, Jan. 29, 2004
Act No. 7262, Dec. 30, 2004
Act No. 7796, Dec. 29, 2005
Act No. 7812, Dec. 30, 2005
Act No. 7917, Mar. 24, 2006
Act No. 8031, Oct. 4, 2006
Act No. 8030, Oct. 4, 2006
Act No. 8289, Jan. 26, 2007
Act No. 8486, May 25, 2007
Act No. 8778, Dec. 21, 2007
Act No. 8867, Feb. 29, 2008
Act No. 8852, Feb. 29, 2008
Act No. 9119, jun. 13, 2008
Act No. 9637, Apr. 22, 2009
Act No. 10138, Mar. 17, 2010
Act No. 10165, Mar. 22, 2010
Act No. 10166, Mar. 22, 2010
Act No. 10465, Mar. 29, 2011
Act No. 10560, Apr. 5, 2011
Act No. 11322, Feb. 17, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12681, May 28, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13014, Jan. 20, 2015
Act No. 13280, Mar. 27, 2015
Act No. 13344, jun. 22, 2015
Act No. 13343, jun. 22, 2015
Act No. 13520, Dec. 1, 2015
Act No. 14080, Mar. 22, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to improving citizens’ lives and enhancing public welfare by facilitating utilization of information and communications networks, protecting personal information of people using information and communications services, and developing an environment in which people can utilize information and communications networks in a healthier and safer way.
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| (1) | The definitions of terms used in this Act shall be as follows: <Amended by Act No. 7139, Jan. 29, 2004; Act No. 8289, Jan. 26, 2007; Act No. 8778, Dec. 21, 2007; Act No. 9119, Jun. 13, 2008; Act No. 10166, Mar. 22, 2010; Act No. 12681, May 28, 2014; Act No.13343 Jun. 22, 2015> |
| 1. | The term "information and communications network" means an information and communications system for collecting, processing, storing, searching, transmitting or receiving information by using telecommunications facilities and equipment prescribed in subparagraph 2 of Article 2 of the Telecommunications Business Act or computers and applied computer technology; |
| 2. | The term "information and communications services" means the telecommunications services prescribed in subparagraph 6 of Article 2 of the Telecommunications Business Act and services of providing information or intermediating the provision of information by using such telecommunications services; |
| 3. | The term "providers of information and communications services" means the telecommunications business operators prescribed in subparagraph 8 of Article 2 of the Telecommunications Business Act and other persons who provide information or intermediate to provide information commercially by utilizing services provided by a telecommunications business operator; |
| 4. | The term "users" means persons who use information and communications services rendered by providers of information and communications services; |
| 5. | The term "electronic document" means data prepared and transmitted, received, or stored electronically in a standardized document by a device capable of processing information, such as a computer; |
| 6. | The term "personal information" means the information pertaining to an individual alive, which contains information identifying a specific person with a name, a national identification number, or similar in the form of a code, letters, voice, sound, motion picture, or any other form (including information that makes it impracticable to identify a specific person by itself, but that enables to identify such person easily if combined with another information); |
| 7. | The term "intrusion" means an event resulting from an attack on an information and communications network or an information system related to such network by means of hacking, computer virus, logic bomb, mail bomb, denial of service, high-power electromagnetic wave, etc.; |
| 8. | Deleted.; <by Act No.13343 Jun. 22, 2015> |
| 9. | The term "message board" means, regardless of its name, a computer program or a technical device with which users can publish information in the form of a code, letters, voice, sound, image, motion picture, or any other form purposely to disclose the information to the public by using an information and communications network; |
| 10. | The term "telecommunications billing services" means information and communications services to perform the following business activities: |
| (a) | Business activities of charging and collecting prices for goods or services sold or provided by a third person (hereinafter referred to as "goods or services") together with charges for the telecommunications services provided; |
| (b) | Business activities of transmitting and receiving information of transactions electronically so that prices for goods or services sold or provided by a third person can be billed or collected together with charges for the telecommunications services provided by oneself, or settling, on behalf of another person, or intermediating payments for such prices; |
| 11. | The term "provider of telecommunications billing services" means a person who provides telecommunications billing services after being registered under Article 53; |
| 12. | The term "user of telecommunications billing services" means a person who purchases or uses goods or services by using telecommunications billing services rendered by a provider of telecommunications billing services; |
| 13. | The term "electronic transmission medium" means a medium transmitting codes, letters, voices, images or motion pictures to addressees in an electronic form, such as an electronic document, via information and communications networks. |
| (2) | Except as otherwise provided for in paragraph (1), definitions of terms used in this Act shall be governed by the Framework Act on National Informatization. <Amended by Act No. 9119, Jun. 13, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 3 (Responsibilities of Providers and Users of Information and Communications Services) |
| (1) | Every provider of information and communications services shall contribute to protection of rights and interests of users and enhancement of users’ abilities to use information by protecting personal information of users and providing information and communications services in a sounder and safer way. |
| (2) | Every user shall make efforts to help to establish a healthier information society. |
| (3) | The Government may provide support to organizations composed of providers or users of information and communications services for their activities for protecting personal information and protecting juvenile in information and communications networks. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 4 (Preparation of Policy on Promotion of Utilization of Information and Communications Networks and Protection of Information) |
| (1) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall prepare policies to lay a foundation for an information society through the promotion of utilization of information and communications networks, the stable management and operation of such networks, the protection of personal information of users, and other related activities (hereinafter referred to as "promotion of utilization of information and communication networks, the protection of information, or other related matters"). <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (2) | The policies under paragraph (1) shall contain descriptions of the following: |
| 1. | Development and dissemination of technology related to the information and communications networks; |
| 2. | Standardization of information and communications networks; |
| 3. | Promotion of the use of information and communications networks, including the development of content of information and applied service for information and communications networks under Article 11; |
| 4. | Facilitation of sharing information through information and communications networks; |
| 5. | Promotion of use of internet; |
| 6. | Protection of personal information collected, processed, stored and used via information and communications networks, and development and dissemination of technology related thereto; |
| 7. | Protection of juvenile in information and communications networks; |
| 8. | Enhancement of safety and reliability of information and communications networks; |
| 9. | Other matters necessary for the promotion of utilization of information and communications networks, the protection of information, or other related matters. |
| (3) | When the Minister of Science, ICT and Future Planning or the Korea Communications Commission prepares the policy under paragraph (1), he/she shall ensure that the policy conforms to the basic plan for national informatization under Article 6 of the Framework Act on National Informatization. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 5 (Relationship to Other Acts) |
Except as otherwise provided for in any other Act, the promotion of use of information and communications networks, the protection of information, or other related matters shall be governed by the provisions of this Act: Provided, That this Act shall take precedence over the Electronic Financial Transaction Act, in cases where a provision of this Act and a provision of the Electronic Financial Transaction Act are applicable to the telecommunications billing service under Chapter VII. [This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
CHAPTER II PROMOTION OF UTILIZATION OF INFORMATION AND COMMUNICATIONS NETWORK
| Article 6 (Development of Technology) |
| (1) | The Minister of Science, ICT and Future Planning may engage the relevant research institute, as prescribed by Presidential Decree, to implement a project for research and development, technical cooperation, transfer of technology, technical guidance, or similar, in order to promote the development of technology and equipment related to information and communications networks. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Government may provide financial support to a research institute that implement a project for research and development or similar in accordance with paragraph (1) for all or part of the cost and expenses incurred in such project. |
| (3) | Necessary matters concerning the disbursement and management of cost and expenses under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 7 (Management and Dissemination of Technology-Related Information) |
| (1) | The Minister of Science, ICT and Future Planning shall manage, systematically and comprehensively, the information pertaining to technology and equipment related to information and communications networks (hereafter referred to as "technology-related information" in this Article). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning may, if necessary for managing technology-related information systematically and comprehensively, request data relevant to technology-related information from the relevant administrative agency and a national or public research institute. In such cases, the head of such agency or institute shall, upon such request, comply with the request, unless any particular reason exists. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Science, ICT and Future Planning shall perform projects for dissemination of technology-related information, so that technology-related information can be used promptly and easily. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Necessary matters concerning the scope of technology and equipment related to information and communications networks, which shall be disseminated pursuant to paragraph (3), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 8 (Standardization and Certification of Information and Communications Networks) |
| (1) | The Minister of Science, ICT and Future Planning shall establish and provide a public notice the standards for information and communications networks in order to promote the use of information and communications networks, and may recommend providers of information and communication services or the persons who manufacture or supply products related to information and communications networks to comply with the standards: Provided, That the matters for which the Korean Industrial Standards under Article 12 of the Industrial Standardization Act have already been established shall comply with such standards. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person who manufactures or supplies a product related to information communications in conformity with the standards publicly notified pursuant to paragraph (1) may put on the product a mark stating that the product conforms to the standards, subject to the prior certification of the certifying institution under Article 9 (1). |
| (3) | In cases where a product falls under the proviso to paragraph (1) and the certification under Article 15 of the Industrial Standardization Act has been already given to the product, the product shall be deemed to have been certified pursuant to paragraph (2). |
| (4) | No person but those who hold the certification under paragraph (2) may put a mark verifying that his/her product conforms to the standards or put any similar mark, nor may sell a product with any similar mark or display such a product for the purpose of sale. |
| (5) | The Minister of Science, ICT and Future Planning may order a person, who sells a product in violation of paragraph (4) or displays such a product for the purpose of sale to collect and recall the product or to obtain certification to put such a mark, or may take any other corrective measure as may be necessary. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Necessary matters concerning the subject matters of the standardization, the method and procedure for such standardization, and a mark of certification under paragraphs (1) through (3), and the collection, recall, corrective measures, etc. under paragraph (5) shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 9 (Designation of Certifying Institutions) |
| (1) | The Minister of Science, ICT and Future Planning may designate an institution to certify products related to information and communications networks (hereinafter referred to as a "certifying institution"), which are manufactured or supplied by a person, and conforming to the standards publicly notified pursuant to the main sentence of Article 8 (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning may, if a certifying institution falls under any of the following subparagraphs, revoke the designation or give an order of business suspension for a prescribed period of time not exceeding six months: Provided, That the Minister of Science, ICT and Future Planning shall revoke the designation of a certifying institution without an exception, if it falls under subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | If the institution is designated by fraud or other improper means; |
| 2. | If the institution has not continued its certification service for one year or longer without a justifiable reason; and |
| 3. | If the institution fails to meet the standards for designation under paragraph (3). |
| (3) | Necessary matters concerning the standards and procedures for designation under paragraph (1) and, the criteria for revocation of designation and for business suspension of a certifying institution under paragraph (2), and other related matters shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 10 (Support for Development of Content of Information) |
With an aim of securing national competitiveness and enhancing the public interest, the Government may provide financial and technical support, or otherwise, to the persons who develop content of information distributed through information and communications networks.
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 11 (Acceleration of Development of Applied Services for Information and Communications Networks) |
| (1) | The Government may provide financial and technical support, or otherwise as may be necessary, to any State agency, local government, public institution that develops and operates applied services for improving efficiency in processing its business affairs or automatizing or upgrading process of its business affairs by utilizing information and communications network (hereinafter referred to as "applied services for information and communications networks"). |
| (2) | The Government may provide financial and technical support, or otherwise as may be necessary, to private sector with an aim of facilitating the development of applied services for information and communications networks by private sector and shall take the following measures for nurturing technical human resources necessary to develop applied services for information and communications networks: |
| 1. | Support for internet education conducted by schools in various levels and other educational institutions; |
| 2. | Extension of internet education for citizens; |
| 3. | Support for projects to cultivate technical human resources specializing in information and communications networks; |
| 4. | Establishment of and support for institutions to cultivate technical human resources specializing in information and communications networks; |
| 5. | Support for development and dissemination of educational programs for utilizing information and communications networks; |
| 6. | Support for establishment of the technical qualification system related to information and communications networks and support for supply of technical human resources specializing in information and communications networks on demand; |
| 7. | Other matters necessary for cultivate technical human resources related to information and communications networks. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 12 (Establishment of System for Sharing Information) |
| (1) | The Government may encourage to build up a system for sharing information through linked operation and standardization of information and communications networks or in any other way so that the networks can be made efficient use of. |
| (2) | The Government may provide financial and technical support, or otherwise as may be necessary, to any person who builds up a system for sharing information under paragraph (1). |
| (3) | Necessary matters concerning the encouragement and support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 13 (Projects for Promoting Use of Information and Communications Networks) |
| (1) | The Minister of Science, ICT and Future Planning may implement projects designed to promote efficient use and dissemination of technology, equipment, and applied services related to information and communications networks, as prescribed by Presidential Decree, in order to promote the use of information and communications networks in various areas of public service, local communities, industry, life, and social welfare and eliminate gaps in accessibility to information. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Government may provide financial and technical support, or otherwise as may be necessary, to the persons who participate in the projects under paragraph (1). |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 14 (Proliferation of Internet) |
The Government shall induce public and private sectors to use internet facilities available in public and private sectors so that internet can be proliferated, expand the user base for internet through education and public relations activities on internet, and prepare and enforce a policy to eliminate gaps in accessibility to internet between localities, genders, and ages.
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 15 (Improvement of Quality of Internet Service) |
| (1) | The Minister of Science, ICT and Future Planning shall prepare and enforce a policy to protect rights and interests of users of internet service and to ensure improvement of quality of internet service and stable availability of internet service. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning may, if deemed necessary for enforcing the policy under paragraph (1), prescribe and give a public notice of the standards for measuring and assessing the quality of internet service, hearing opinions of organizations of providers and users of information and communications services and others. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Every provider of information and communications services may voluntarily assess the current status of quality of his/her own internet service in accordance with the standards under paragraph (2) and notify the results thereof to users. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Articles 16 and 17 Deleted. <by Act No. 7142, Jan. 29, 2004> |
| Articles 18 through 21 Deleted. <by Act No.13343 Jun. 22, 2015> |
CHAPTER IV PROTECTION OF PERSONAL INFORMATION
SECTION 1 Collection, Use, and Provision of Personal Information
| Article 22 (Consent to Collection and Use of Personal Information) |
| (1) | A provider of information and communications services shall, whenever he/she intends to collect personal information of a user purposely to use it, notify the user of the following matters and obtain consent from the user. The same shall apply in cases where he/she intends to change any of the following matters: |
| 1. | Purposes of collection and use of the personal information; |
| 2. | Items of personal information that he/she intends to collect; |
| 3. | Period of time during which he/she intends to possess and use the personal information. |
| (2) | A provider of information and communications services may collect and use personal information of a user without the consent under paragraph (1) in any of the following cases: |
| 1. | If the personal information is necessary in fulfilling the contract for provision of information and communications services, but it is obviously difficult to get consent in an ordinary way due to any economic or technical reason; |
| 2. | If it is necessary in paying charges on the information and communication services rendered; |
| 3. | If a specific provision exists in this Act or any other Act otherwise. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 22-2 (Consent to Access Authority) |
| (1) | Where a provider of information and communications services needs authority to access (hereinafter referred to as “access authority”) information stored and functions installed in mobile devices of users in order to provide the relevant services, the provider shall inform users of the following matters so that users may clearly recognize such matters, and shall obtain consent of users: |
| 1. | In the case of access authority certainly necessary to provide the relevant services: |
| (a) | Items of the information and functions for which access authority is necessary; |
| (b) | Ground that access authority is necessary. |
| 2. | In the case of access authority not certainly necessary to provide the relevant services: |
| (a) | Items of the information and functions for which access authority is necessary; |
| (b) | Ground that access authority is necessary; |
| (c) | Fact that users may give no consent to the permission on access authority. |
| (2) | No provider of information and communications services shall refuse to provide the relevant services to users on the ground that the users give no consent to the establishment of access authority not certainly necessary to provide the relevant services. |
| (3) | The persons manufacturing and providing a basic operating system (referring to an operating environment in which softwares installed in mobile devices can be run) of mobile devices, the manufacturers of mobile devices, and the persons manufacturing and providing a software for mobile devices shall take measures necessary for protecting users’ information, such as devising methods for users to give or revoke consent to access authority where the provider of information and communications services intends to access the information stored and functions installed in mobile devices. |
| (4) | The Scope of, and methods for consenting to, access authority referred to in paragraph (1), measures necessary for protecting users’ information referred to in paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14080, Mar. 22, 2016]
| Article 23 (Restrictions on Collection of Personal Information) |
| (1) | No provider of information and communications services may collect personal information regarding any person, such as his/her ideology, beliefs, family relationship status, kinship and matrimonial relationship, educational background, and medical history, which is anticipated to otherwise infringe seriously upon any right, interest, or privacy of the person: Provided, That he/she may collect such personal information within the minimum scope necessary where he/she obtains consent of the user under Article 22 (1) or such personal information is specially permitted as personal information that may be collected pursuant to any other Act. <Amended by Act No. 12681, May 28, 2014> |
| (2) | Where a provider of information and communications services collects personal information of a user, he/she shall only collect personal information within the minimum scope necessary to provide information and communications services. <Amended by Act No. 12681, May 28, 2014> |
| (3) | No provider of information and communications services shall refuse to provide such services on the ground that a user does not provide personal information other than the minimum personal information required. In such cases, the minimum personal information required means information that is specifically required to perform essential functions of the relevant services. <Newly Inserted by Act No. 12681, May 28, 2014> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 23-2 (Restriction on Use of Resident Registration Numbers) |
| (1) | Other than the cases falling under any of the following subparagraphs, a provider of information and communications services may not collect/use users’ resident registration numbers: <Amended by Act No. 10560, Apr. 5, 2011> |
| 1. | Where the provider is designated as the identification service agency pursuant to Article 23-3; |
| 2. | Where collection/use of users’ resident registration numbers is authorized by statutes; |
| 3. | Where the Korea Communications Commission makes a public announcement for the provider of information and communications services who inevitably collects/uses users’ resident registration numbers for his/her business purposes. |
| (2) | Even where the collection/use of users’ resident registration numbers is authorized pursuant to paragraph (1) 2 or 3, an identification method without using the users’ resident registration numbers (hereinafter referred to as “alternative means”) shall be provided. |
[Wholly Amended by Act No. 11322, Feb. 17, 2012]
| Article 23-3 (Designation of Identification Service Agency, etc.) |
| (1) | The Korea Communications Commission may, after reviewing each item of the following subparagraphs, designate a person as an identification service agency who is deemed competent to safely and reliably perform the affairs of development, provision and administration of the alternative means (hereinafter referred to as “identification service”): |
| 1. | A plan for physical/technological/administrative measures in order to secure safety of the identification service; |
| 2. | Technological/financial capability necessary for performing the identification service; |
| 3. | Appropriateness of the scale of facilities relevant to the identification service. |
| (2) | When the identification service agency intends to suspend all or part of identification service, it shall determine and notify a suspension period to the users no later than 30 days prior to the intended date of suspension and shall report the same to the Korea Communications Commission. In this case, the suspension period shall not exceed six months. |
| (3) | When the identification service agency intends to discontinue the identification affairs, it shall notify the intention to the users no later than 60 days prior to the intended date of discontinuation and shall report the same to the Korea Communications Commission. |
| (4) | Necessary matters concerning the criteria for each standard subject to the review and the designation procedure of identification service agency under paragraph (1), suspension or discontinuation of the identification affairs under paragraphs (2) and (3) and other matters shall be determined by Presidential Decree. |
[This Article Newly Inserted by Act No. 10560, Apr. 5, 2011]
| Article 23-4 (Suspension of Identification Service and Cancelation of Designation of Identification Service Agency) |
| (1) | When the identification service agency falls under any of the following subparagraphs, the Korea Communications Commission may determine the period of suspension within six months and order suspension of all or part of the identification service, or cancel designation of identification service agency: Provided, That in cases where falling under subparagraph 1 or 2, the Korea Communications Commission shall cancel designation of identification service agency: |
| 1. | Where an identification service agency is designated by falsity or other fraudulent methods; |
| 2. | Where a person who has received the order for suspension of identification service fails to suspend the affairs in violation of the order; |
| 3. | Where a person fails to start the identification service within six months from the date of being designated, or suspend the service continuously for six months or more; |
| 4. | Where it becomes not suitable for the standard of designation pursuant to Article 23-3 (4). |
| (2) | Standards and procedures for any dispositions pursuant to paragraph (1) and other necessary matters shall be determined by Presidential Decree. |
[This Article Newly Inserted by Act No. 10560, Apr. 5, 2011]
| Article 24 (Restriction on Use of Personal Information) |
No provider of information and communications services may use personal information collected in accordance with Article 22 and the proviso to Article 23 (1) for any purpose other than the purpose consented by the relevant user or the purpose specified in any subparagraph of Article 22 (2). [This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 24-2 (Consent to Provision of Personal Information) |
| (1) | Every provider of information and communications services shall, whenever he/she intends to furnish a third party with personal information of a user, notify the user of all the following matters and obtain consent from the user, except as provided for in Article 22 (2) 2 and 3. The same shall apply in cases where there is a change in any of the following matters: |
| 1. | The person to whom the personal information is furnished; |
| 2. | Purposes of use of the personal information of the person to whom the personal information is furnished; |
| 3. | Items of the personal information furnished; |
| 4. | Period of time during which the person to whom the personal information is furnished will possess and use the personal information. |
| (2) | A person who received any personal information of a user from a provider of information and communications services in accordance with paragraph (1) shall not furnish the personal information to a third party or use it for any purpose other than the purpose originally agreed upon at the time when the information was furnished without consent of the user or a specific provision otherwise specified in any other Act. |
| (3) | When the provider, etc. of information and communications services under Article 25 (1) is given the consent to furnishing user’s information under paragraph (1) and to the entrustment of management of personal information under Article 25 (1), he/she shall obtain such consent apart from the consent to collection/use of personal information pursuant to Article 22, and shall not refuse to provide its service on the ground of a user’s refusal of aforementioned consent. <Newly Inserted by Act No. 10560, Apr. 5, 2011; Act No. 14080, Mar. 22, 2016> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 25 (Entrustment of Management of Personal Information) |
| (1) | A provider of information and communications services or a person who received personal information of users from the provider of information and communications services in accordance with Article 24-2 (1) (hereinafter referred to as a "provider of information and communications services or similar") shall, if he/she intends to entrust a third party with handling of business affairs related to personal information (hereinafter referred to as "entrustment of management of personal information") so as to collect, create, connect, link, record, save, hold, process, edit, search, print, correct, recover, use, provide, disclose, destruct or treat similarly users’ personal information (hereinafter referred to as "management"), notify the users of all the following matters and shall obtain consent of the users. The same shall apply in cases where there exists a change in any of the following matters: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | Any person to whom the management of personal information is entrusted (hereinafter referred to as a "trustee"); |
| 2. | Details of the business affairs subject to the entrustment of management of personal information. |
| (2) | A provider of information and communications services or similar may omit the procedures for notification and consent under paragraph (1) for entrusting the management of personal information, where the personal information is required to comply with the contract on the provision of the information and communications services and enhance convenience of users and where all the matters prescribed in subparagraphs of paragraph (1) have been disclosed to the public under Article 27-2 (1) or notified to users in a manner prescribed by Presidential Decree, such as by electronic mails. The same shall apply where there exists a change in a matter prescribed in any subparagraph of paragraph (1). <Amended by Act No. 12681, May 28, 2014; Act No. 14080, Mar. 22, 2016> |
| (3) | A provider of information and communications services or similar shall, when he/she entrusts the management of personal information to a third party, define the scope of purposes, in advance, within which the trustee is allowed to manage personal information of users, and the trustee shall not manage the personal information of users beyond the scope of purposes. <Amended by Act No. 14080, Mar. 22, 2016> |
| (4) | A provider of information and communications services or similar shall control, supervise and educate the trustee to ensure that the trustee does not violate any provision of this Chapter. <Amended by Act No. 14080, Mar. 22, 2016> |
| (5) | If the trustee violates any provision of this Chapter in connection with the business affairs related to the entrustment of management of personal information and inflicts damages upon a user, the trustee shall be deemed an employee of the provider of information and communications services or similar in determining liability for such damages. <Amended by Act No. 14080, Mar. 22, 2016> |
| (6) | A provider, etc. of information and communications shall, when entrusting a trustee with management of personal information, do so in writing. <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
| (7) | A trustee may re-entrust a third party with affairs entrusted pursuant to paragraph (1) only where the trustee obtains consent from the provider, etc. of information and communications services. <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 26 (Transfer of Personal Information Following Transfer of Business) |
| (1) | Where a provider of information and communications services or similar transfers personal information of users to a third party due to transfer of business, in whole or in part, merger, or any similar cause, he/she shall notify the users of all the following matters by publishing them on its internet homepage or by electronic mail or any other means specified by Presidential Decree: |
| 1. | The fact that the personal information is to be transferred; |
| 2. | The name (referring to the name of a legal corporation, if the person is a legal corporation; hereafter the same shall apply in this Article), address, and telephone number of a person to whom the personal information is to be transferred (hereinafter referred to as a "transferee of business or similar"), and other contact information of the person; |
| 3. | The methods and procedures available for revocation of consent, where a user does not want his/her personal information transferred to a third party. |
| (2) | If any personal information is transferred to a transferee of business, etc., he/she shall immediately notify the users of such fact and his/her name, domicile, telephone number and other contact details according to methods prescribed by Presidential Decree, such as the posting of such information on the Internet homepage or email. <Amended by Act No. 12681, May 28, 2014> |
| (3) | A transferee of business or similar may use or furnish personal information only within the scope of purposes originally defined for which any provider of information and communications services or similar uses or furnishes the personal information of users: Provided, That the same shall not apply where he/she separately obtains consent from users. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 26-2 (Method Applicable in Obtaining Consent) |
The method applicable in obtaining the consent under Article 22 (1), the proviso to Article 23 (1), Article 24-2 (1) or (2), Article 25 (1), the proviso to Article 26 (3), or Article 63 (2) (hereinafter referred to as "consent to collection, use, provision, and similar disposition of personal information") shall be prescribed by Presidential Decree, considering media for collection of personal information, peculiarities of each type of business, number of users, and other related factors. [This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
SECTION 2 MANAGEMENT, DESTRUCTION, ETC. OF PERSONAL INFORMATION
| Article 27 (Designation of Person Responsible for Management of Personal Information) |
| (1) | Every provider of information and communications services or similar shall designate a person responsible for protection of personal information so that he/she protects the personal information of users and process complaints from users in connection with the personal information: Provided, That a provider of information and communications services or similar may, if he/she falls under the criteria prescribed by Presidential Decree for the number of employees, number of users, and other related matters, omit such designation. <Amended by Act No. 14080, Mar. 22, 2016> |
| (2) | If a provider of information and communications services or similar does not designate a person responsible for protection of personal information under the proviso to paragraph (1), the business owner or representative of the provider or similar shall be the person responsible for protection of personal information. <Amended by Act No. 14080, Mar. 22, 2016> |
| (3) | The qualification requirements for a person responsible for protection of personal information and other matters necessary for designation of such person shall be prescribed by Presidential Decree. <Amended by Act No. 14080, Mar. 22, 2016> |
| (4) | Where a person responsible for protection of personal information becomes aware of a fact of violation of this Act or other relevant statute, he/she shall take measures for improvement immediately, and if necessary, report the measures for improvement to the business owner or representative of the provider, etc. of information and communications services: Provided, That the provisions concerning reporting of measures for improvement shall not apply where the business owner or representative is the person responsible for protection of personal information pursuant to paragraph (2). <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 27-2 (Public Disclosure of Policy on Managing Personal Information) |
| (1) | Every provider of information and communications services or similar shall, when he/she manages personal information of users, establish and disclose its policy on managing personal information to the public in a manner specified by Presidential Decree so that users become aware of the policy easily at any time. <Amended by Act No. 14080, Mar. 22, 2016> |
| (2) | The policy on managing personal information under paragraph (1) shall include descriptions of all the following matters: <Amended by Act No. 11322, Feb. 17, 2012; Act No. 14080, Mar. 22, 2016> |
| 1. | Purposes of collection and use of personal information, items of personal information collected, and methods of collection; |
| 2. | The name of the person (referring to the name of a legal entity, if the person is a legal entity) to whom personal information is furnished, if the personal information is furnished to a third party, purposes of use of the person to whom the personal information is furnished, and items of the personal information furnished; |
| 3. | The period of time during which the personal information is possessed and used, and the procedure and method for destruction of the personal information (including the ground for preservation and items of preserved personal information, if it is required to preserve the personal information in accordance with the proviso to the part above subparagraphs of Article 29 (1)); |
| 4. | Details of business affairs subject to the entrustment of management of personal information and the trustee (they shall be included in the policy on management, only where this subparagraph is applicable); |
| 5. | Rights of users and their legal representatives and methods for the exercise of such rights; |
| 6. | Matters concerning installation, operation, and denial of a device that collect personal information automatically, such as an information file for access to internet; |
| 7. | The name and address of the person responsible for protection of personal information or the department responsible for business affairs related to the protection of personal information and processing related complaints and other contact information of such person or department. |
| (3) | Every provider of information and communications services or similar shall, when he/she revises the policy on managing personal information under paragraph (1), give public notice of the reasons for and details of such revision without delay in a manner specified by Presidential Decree, and take measures to make users aware of the details of the revision easily at any time. <Amended by Act No. 14080, Mar. 22, 2016> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 27-3 (Notification/Reports on Leakage of Personal Information) |
| (1) | When a provider of information and communications services or similar becomes aware of the loss, theft, or leakage of personal information (hereinafter referred to as “leakages, etc.”), he/she shall immediately inform the relevant users of all the following matters and report to the Korea Communications Commission or the Korea Internet Security Agency, and shall not notify or report them after 24 hours have elapsed since he/she became aware of such fact without any justifiable cause: Provided, That other measures in lieu of the aforementioned notification may be taken as prescribed by Presidential Decree where users’ contact information is unknown or other good cause exists: <Amended by Act No. 12681, May 28, 2014; Act No. 14080, Mar. 22, 2016> |
| 1. | Each item of the personal information leaked; |
| 2. | Point of time the personal information is leaked; |
| 3. | Measures available for users to take; |
| 4. | Countermeasures to be taken by a provider of information and communications services or similar; |
| 5. | Responsible departments and contact information to be used for the users who seek consultations, etc., to submit their application for such consultations. |
| (2) | The Korea Internet Security Agency in receipt of a report under paragraph (1) shall immediately inform the Korea Communications Commission of such fact. <Newly Inserted by Act No. 12681, May 28, 2014> |
| (3) | A provider of information and communications services, etc. shall explain just cause under the main sentence of and proviso to paragraph (1) to the Korea Communications Commission. <Newly Inserted by Act No. 12681, May 28, 2014> |
| (4) | Matters necessary for methods and procedures, etc., for the notification and report pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| (5) | A provider of information and communications services, etc. shall prepare countermeasures against the leakages, etc. of personal information, and shall seek measures to minimize any damage thereof. <Amended by Act No. 14080, Mar. 22, 2016> |
[This Article Newly Inserted by Act No. 11322, Feb. 17, 2012]
| Article 28 (Protective Measures for Personal Information) |
| (1) | Every provider of information and communications services or similar shall, when he/she manages personal information of users, take the following technical and administrative measures in accordance with the guidelines prescribed by Presidential Decree to prevent loss, theft, leakage, forgery or alteration of or damage to personal information and secure the safety of personal information: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | Establishment and implementation of an internal control plan for managing personal information in a safe way; |
| 2. | Installation and operation of an access control device, such as a system for blocking intrusion to cut off illegal access to personal information; |
| 3. | Measures for preventing fabrication and alteration of access records; |
| 4. | Measures for security by using encryption technology and other methods for safe storage and transmission of personal information; |
| 5. | Measures for preventing intrusion of computer viruses, including installation and operation of vaccine software; |
| 6. | Other protective measures necessary for securing safety of personal information. |
| (2) | Every provider of information and communications services or similar shall restrict the persons who may manage users' personal information to the minimum extent. <Amended by Act No. 14080, Mar. 22, 2016> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 28-2 (Prohibition on Disclosure of Personal Information) |
| (1) | A person who manages or has ever manages personal information of users shall not damage, intrude on, or disclosed personal information that he/she learned in the course of performing his/her duty. <Amended by Act No. 14080, Mar. 22, 2016> |
| (2) | No one shall be knowingly provided with any disclosed personal information for profit or any unlawful purpose. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 29 (Destruction of Personal Information) |
| (1) | A provider of information and communications services or similar shall, if any of the followings occurs, destroy the relevant personal information without delay so that such personal information cannot be recovered or reproduced: Provided, That the same shall not apply where it is required to preserve the personal information in accordance with any other Act: <Amended by Act No. 11322, Feb. 17, 2012; Act No. 12681, May 28, 2014> |
| 1. | When the purpose of collection and use of personal information with consent obtained in accordance with Article 22 (1), the proviso to Article 23 (1), or Article 24-2 (1) or (2) or the purpose under any subparagraph of Article 22 (2) has been achieved; |
| 2. | When a period during which it is allowed to possess and use personal information with consent obtained in accordance with Article 22 (1), the proviso to Article 23 (1), or Article 24-2 (1) or (2) ends; |
| 3. | When a period during which it is allowed to possess and use personal information in accordance with Article 27-2 (2) 3 ends, if the personal information has been collected and used without consent of users under Article 22 (2); |
| 4. | When the business is permanently closed down. |
| (2) | The provider of information and communications services or similar shall, in an effort to protect personal information of the users who do not use information and communications services for a period of one year, take necessary measures, such as destruction of personal information, as prescribed by Presidential Decree: Provided, That the period is otherwise provided either in accordance with other statue or at the request of the users, such provisions shall apply.<Newly Inserted by Act No. 11322, Feb. 17, 2012; Act No. 13520, Dec. 1, 2015> |
| (3) | The provider, etc. of information and communications services shall notify , until 30 days before expiration of the period under paragraph (2), the users of the matters prescribed by Presidential Decree such as the fact that the personal information will be destroyed, the expiration date of the period and items of personal information subject to destruction, in a manner prescribed by Presidential Decree such as by email. <Newly Inserted by Act No. 13520, Dec. 1, 2015> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
SECTION 3 Rights of Users
| Article 30 (Rights of Users) |
| (1) | Every user may, at any time, revoke his/her consent given to a provider of information and communications services or similar to allow the provider to collect, use, or furnish his/her personal information. |
| (2) | Every user may request a provider of information and communications services or similar to allow him/her to peruse, or to furnish with any of the following subparagraphs, and may also require the provider to correct an error, if there is any error: |
| 1. | Personal information of the user, which the provider of information and communications services or similar possesses; |
| 2. | Details of which the provider of information and communications services or similar has used personal information of the user or furnished it to a third party; |
| 3. | Details of which the user has given a consent to he provider of information and communications services or similar to collect, use, or furnish his/her personal information. |
| (3) | If a user withdraws his/her consent pursuant to paragraph (1), a provider of information and communications services, etc. shall immediately take necessary measures, such as the destruction of collected personal information in an irrecoverable or in unreproducible way. <Amended by Act No. 12681, May 28, 2014> |
| (4) | A provider of information and communications services or similar shall, in receipt of a request to peruse or furnish matters in accordance with paragraph (2), take necessary measures without delay. |
| (5) | A provider of information and communications services or similar shall, in receipt of a request for correction of an error in accordance with paragraph (2), correct the error, notify the user of the reasons why it is unable to correct the error, if it is the case, or take any other necessary measures, and may not use the relevant personal information or furnish it to a third party until he/she completes taking such measures: Provided, That he/she may furnish the personal information to a third party or use the information, if requested to furnish the personal information pursuant to any other Act. |
| (6) | A provider of information and communications services or similar shall make how to revoke consent under paragraph (1), how to request to peruse personal information or furnish such information under paragraph (2), and how to request correction of an error, easier than how to collect personal information. |
| (7) | Paragraphs (1) through (6) shall apply mutatis mutandis to a transferee of business or similar. In such cases, "provider of information and communications services or similar" shall be deemed "transferee of business or similar." |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 30-2 (Notification of Details of Use of Personal Information) |
| (1) | A provider of information and communications services or similar falling under the standards determined by Presidential Decree shall periodically notify the users of the details of using personal information of such users (including details of the provision under Article 24-2 and of the entrustment of management of personal information under Article 25) in accordance with Article 22 and the proviso to Article 23 (1): Provided, That this shall not apply in cases where the provider of information and communications services or similar does not collect any contact information or other personal information that can be notified to users. <Amended by Act No. 14080, Mar. 22, 2016> |
| (2) | Types of personal information to be notified to users, frequency and method of notifying the information pursuant to paragraph (1) and other matters necessary for notification of details of using such personal information shall be determined Presidential Decree. |
[This Article Newly Inserted by Act No. 11322, Feb. 17, 2012]
| Article 31 (Rights of Legal Representative) |
| (1) | A provider of information and communications services or similar shall, if he/she desires to obtain consent of a child of less than 14 years on collection, use, furnishing, and other disposition of personal information, obtain consent from his/her legal representative. In such cases, the provider of information and communications services may demand the child to furnish minimum information, such as the legal representative’s name, necessary to obtain consent from the legal representative. |
| (2) | A legal representative may exercise rights of a user under Article 30 (1) and (2) with respect to personal information of the relevant child. |
| (3) | Article 30 (3) through (5) shall apply to a legal representative’s revocation of consent under paragraph (2) and his/her demand for perusal or correction of an error. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 32 (Compensation) |
| (1) | Where a user suffers any damage caused by a violation of any provision of this Chapter by a provider, etc. of information and communications services, he/she may claim compensation for damage against the said provider, etc. of information and communications services. In this case, that provider of information and communications services or similar shall not be exonerated from liability if failing to prove that there is neither intention nor gross negligence on the part of the said provider. <Amended by Act No. 14080, Mar. 22, 2016> |
| (2) | Where any damage occurs to a user because personal information has been lost, stolen, leaked, forged, altered, or damaged due to intention or gross negligence on the part of the provider, etc. of information and communications services or similar, a court may determine the amount of compensation to the extent not exceeding three times the said damage: Provided, That this shall not apply where the provider, etc. of information and communications services proves that there is neither intention nor gross negligence on the part of the said provider. <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
| (3) | Where a court determines the amount of compensation referred to in paragraph (2), it shall take the following matters into account: <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
| 1. | Degree of acknowledging the intention or the likeliness of the occurrence of damage; |
| 2. | Scale of damage sustained due to the relevant violation; |
| 3. | Economic benefits acquired by the provider, etc. of information and communications services by committing the relevant violation; |
| 4. | Fines and penalty surcharges due to violations; |
| 5. | Period, number, etc. of violations; |
| 6. | Status of assets of the provider, etc. of information and communications services; |
| 7. | Degree of efforts of the provider, etc. of information and communications services to withdraw the relevant personal information after the user’s personal information has been lost, stolen or leaked; |
| 8. | Degree of efforts of the provider, etc. of information and communications services to remedy damage to the user. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 32-2 (Claim for Statutory Damages) |
| (1) | Where a user falls under each of the following subparagraphs, he/she may claim resonable compensation not exceeding three million won as damages, in lieu of claiming damages under Article 32 from a provider of information and communications services, etc. within a period prescribed by Presidential Decree. In such cases, the relevant provider of information and communications services, etc. cannot be exempt from responsibility unless he/she proves that there is no intention or negligence: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | Where the provider of information and communications services, etc. violates any of the provisions of this Chapter by intention or negligence; |
| 2. | Where personal information is lost, stolen, leaked, forged, altered or damaged. |
| (2) | Where a claim for compensation under paragraph (1) is filed, a court may acknowledge a reasonable amount of loss within the limits prescribed in paragraph (1), taking into account the relevance of all pleadings and the outcomes of examination of evidence. |
| (3) | A user claiming compensation for damage pursuant to Article 32 may change such claim to the claim referred to in paragraph (1) before the argument of the inquisition is closed. <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
[This Article Newly Inserted by Act No. 12681, May 28, 2014]
| Article 32-3 (Deletion and Blocking of Exposed Personal Information) |
| (1) | A provider, etc. of information and communications services shall ensure that users’ personal information such as resident registration numbers, account numbers and credit cards information is not exposed to the public through information and communications networks. |
| (2) | Upon the request of the Korea Communications Commission or the Korea Internet and Security Agency, a provider, etc. of information and communications services shall take necessary measures such as deleting and blocking exposed personal information referred to in paragraph (1). |
[This Article Newly Inserted by Act No. 14080, Mar. 22, 2016]
| Articles 32-3 through 40 Deleted <by Act No. 10465, Mar. 29, 2011> |
CHAPTER V PROTECTION OF USERS IN INFORMATION AND COMMUNICATIONS NETWORKS
| Article 41 (Preparation of Policy on Protection of Juvenile) |
| (1) | The Korea Communications Commission shall prepare a policy on the following measures to protect juvenile from unwholesome information for juvenile (hereinafter referred to as "unwholesome information for juvenile"), such as information of obscenities and violence, circulated through information and communications networks: |
| 1. | Development and dissemination of content-screening software; |
| 2. | Development and dissemination of technology for protection of juvenile; |
| 3. | Education and public relations activities for protection of juvenile; |
| 4. | Other matters specified by Presidential Decree for protection of juvenile. |
| (2) | The Korea Communications Commission may, in an effort to implement the policy under paragraph (1), support activities conducted by the Korea Communications Standards Commission under Article 18 of the Establishment and Operation of the Korea Communications Commission Act (hereinafter referred to as the "Communications Standards Commission"), organizations of providers or users of information and communications services, and other relevant specialized institutions for protection of juvenile. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 42 (Labeling of Media Unwholesome for Juvenile) |
A person who provides information to the general public purposely to make it public through telecommunications services rendered by a telecommunications business operator (hereinafter referred to as "information provider") and who intends to provide any unwholesome medium for juvenile as defined in subparagraph 3 of Article 2 of the Juvenile Protection Act among the media under subparagraph 2 (e) of Article 2 of the aforesaid Act shall put a label indicating that the information is an unwholesome medium for juvenile by the labeling method specified by Presidential Decree. <Amended by Act No. 11048, Sep. 15, 2011> [This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 42-2 (Prohibition on Advertisement of Unwholesome Media for Juvenile) |
No one may transmit, to a juvenile under subparagraph 1 of Article 2 of the Juvenile Protection Act, any information containing an advertisement of an unwholesome medium for juvenile as defined in subparagraph 3 of Article 2 of the aforesaid Act among the media under subparagraph 2 (e) of Article 2 of the aforesaid Act in the form of code, letter, voice, sound, image, or motion picture through an information and communications network or display such medium to the general public without taking any measure to restrict access by a juvenile. <Amended by Act No. 11048, Sep. 15, 2011> [This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 42-3 (Designation of Person Responsible for Protection of Juvenile) |
| (1) | A provider of information and communications services whose the average number of users per day, sales, and other related factors fall under the criteria prescribed by Presidential Decree shall designate a person responsible for protection of juvenile to keep juvenile from unwholesome information to juvenile in the information and communication network. |
| (2) | The person responsible for protection of juvenile shall be chosen from among executive officers of the relevant business operator or the persons in a position equivalent to the head of a department responsible for business affairs related to protection of juvenile. |
| (3) | The person responsible for protection of juvenile shall block and control unwholesome information for juvenile in the information and communications network, and shall perform business affairs for protection of juvenile, including establishment of a plan for protection of juvenile from unwholesome information for juvenile. |
| (4) | Necessary matters concerning the designation of a person responsible for protection of juvenile under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 43 (Duty of Provider of Visual or Sound Information to Keep Information) |
| (1) | An information provider specified by Presidential Decree among those who engage in a business of providing unwholesome media for juvenile as defined in subparagraph 3 of Article 2 of the Juvenile Protection Act among the media under subparagraph 2 (e) of Article 2 of the aforesaid Act in a way to make it impossible to store or record the unwholesome media in a user's computer shall keep relevant information. <Amended by Act No. 11048, Sep. 15, 2011> |
| (2) | The period of time during which an information provider under paragraph (1) is obligated to keep relevant information shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 44 (Protection of Rights in Information and Communications Network) |
| (1) | No user may circulate any information violative of other person's rights, including invasion of privacy and defamation, through an information and communications network. |
| (2) | Every provider of information and communications services shall make efforts to prevent any information under paragraph (1) from being circulated through the information and communications network operated and managed by it. |
| (3) | The Korea Communications Commission may prepare a policy on technological development, education, public relations activities, and other activities to prevent violation of other persons' rights by information circulated through information and communications networks, including invasion of privacy and defamation, and may recommend providers of information and communications services to adopt the policy. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12681, May 28, 2014> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 44-2 (Request for Deletion of Information) |
| (1) | Where information provided through an information and communications network purposely to be made public intrudes on other persons' privacy, defames other persons, or violates other persons' right otherwise, the victim of such violation may request the provider of information and communications services who managed the information to delete the information or publish a rebuttable statement (hereinafter referred to as "deletion or rebuttal"), presenting explanatory materials supporting the alleged violation. <Amended by Act No. 14080, Mar. 22, 2016> |
| (2) | A provider of information and communications services shall, upon receiving a request for deletion or rebuttal of the information under paragraph (1), delete the information, take a temporary measure, or any other necessary measure, and shall notify the applicant and the publisher of the information immediately. In such cases, the provider of information and communications services shall make it known to users that he/she has taken necessary measures by posting a public notification on the relevant message board or in any other way. |
| (3) | A provider of information and communications services shall, if there is any unwholesome medium for juvenile published in violation of the labeling method under Article 42 in the information and communications network operated and managed by him/her or if a content advertising any unwholesome medium for juvenile is displayed in such network without any measures to restrict access by juvenile under Article 42-2, delete such content without delay. |
| (4) | A provider of information and communications services may, if it is difficult to judge whether information violates any right or it is anticipated that there will probably be a dispute between interested parties, take a measure to block access to the information temporarily (hereinafter referred to as "temporary measures"), irrespective of a request for deletion of the information under paragraph (1). In such cases, the period of time for the temporary measure shall not exceed 30 days. |
| (5) | Every provider of information and communications services shall clearly state the details, procedure, and other matters concerning necessary measures in its standardized agreement in advance. |
| (6) | A provider of information and communications services may, if he/she takes necessary measures under paragraph (2) for the informations circulated through the information and communications network operated and managed by it, have its liability for damages caused by such informations mitigated or discharged. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 44-3 (Discretionary Temporary Measures) |
| (1) | A provider of information and communications services may, if it finds that information circulated through the information and communications network operated and managed by him/her intrudes on someone's privacy, defames someone, or violates someone's rights, take temporary measures at its discretion. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 44-4 (Self Regulation) |
An organization of providers of information and communications services may establish and implement a code of conduct applicable to providers of information and communications services with an objective to protect users and render information and communications services in a safer and more reliable way.
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 44-5 (Identity Verification of Users of Message Boards) |
| (1) | Any of the following persons shall, if he/she intends to install and operate a message board, take necessary measures, as prescribed by Presidential Decree (hereinafter referred to as "measures for identity verification"), including preparation of methods and procedures for verifying identity of users of the message board: |
| 2. | Deleted. <by Act No. 12681, May 28, 2014> |
| (2) | Deleted.<by Act No. 12681, May 28, 2014> |
| (3) | The Government shall prepare a policy to develop a safer and more reliable system to verify identity of users under paragraph (1). |
| (4) | A public institution, etc. may have its liability for damages caused by fraudulent use of a user's identity by a third party mitigated or discharged, if it has taken the measures for identity verification under paragraph (1) with care as a good manager. <Amended by Act No. 12681, May 28, 2014> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 44-6 (Claim to Furnish User's Information) |
| (1) | A person who alleges that information published or circulated by a specific user has intruded on his/her privacy, defamed him/her, or violated his/her rights may file a claim with the defamation dispute conciliation division under Article 44-10 to demand the relevant provider of information and communications services to furnish the information he/she possesses about the alleged offender (referring to the minimum information specified by Presidential Decree, including the name and address, necessary for filing a civil or criminal complaint), along with materials supporting his/her allegation of the violation, in order to file a civil or criminal complaint against the alleged offender. |
| (2) | The defamation dispute conciliation division shall, upon receiving a claim under paragraph (1), make a decision on whether to furnish information, hearing the opinion of the relevant user, unless it is impossible to contact the relevant user or there is any particular reason otherwise. |
| (3) | A person who receives information about the relevant user under paragraph (1) may not use the information for any purpose other than the purpose of filing a civil or criminal complaint. |
| (4) | Other matters necessary for the contents of a claim to furnish information of a user and the procedure therefor shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 44-7 (Prohibition on Circulation of Unlawful Information) |
| (1) | No one may circulate information falling under any of the following subparagraphs through an information and communications network: <Amended by Act No. 11048, Sep. 15, 2011; Act No. 14080, Mar. 22, 2016> |
| 1. | Information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture; |
| 2. | Information with a content that defames other persons by divulging a fact, false fact, openly and purposely to disparage the person's reputation; |
| 3. | Information with a content that arouses fear or apprehension by reaching other persons repeatedly in the form of code, words, sound, image, or motion picture; |
| 4. | Information with a content that mutilates, destroys, alters, or forges an information and communications system, data, a program, or similar or that interferes with the operation of such system, data, program, or similar without a justifiable ground; |
| 5. | Information with a content that falls within an unwholesome medium for juvenile under the Juvenile Protection Act and that is provided for profit without fulfilling the duties and obligations under relevant statutes, including the duty to verify the opposite party's age and the duty of labeling; |
| 6. | Information with a content that falls within speculative activities prohibited by statutes; |
| 6-2. | Information regarding content of transactions of personal information in violation of this Act or other statutes concerning the protection of personal information; |
| 7. | Information with a content that divulges a secret classified by statutes or any other State secret; |
| 9. | Other information with a content that attempts, aids, or abets to commit a crime. |
| (2) | The Korea Communications Commission may order a provider of information and communications services or a manager or an operator of a message board to reject, suspend, or restrict management of information under paragraph (1) 1 through 6 and 6-2, subject to deliberation by the Communications Standards Commission: Provided, That if the information falls under paragraph (1) 2 or 3, the Commission shall not issue an order to reject, suspend, or restrict such management against the intention specifically manifested by the victim of the relevant information. <Amended by Act No. 14080, Mar. 22, 2016> |
| (3) | The Korea Communications Commission shall order a provider of information and communications services or a manager or an operator of a message board to reject, suspend, or restrict management of information under paragraph (1) 7 through 9, if the information falls under all the following subparagraphs: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | There was a request from the head of a related central administrative agency; |
| 3. | The provider of information and communications services or the manager or operator of the message board has not complied with the demand for correction. |
| (4) | The Korea Communications Commission shall give an opportunity to the provider of information and communications services or the manager, operator, or relevant user of the message board to whom an order is to be issued pursuant to paragraph (2) or (3) to present his/her opinion in advance: Provided, That the Commission may not give an opportunity to present an opinion, if a case falls under any of the following subparagraphs: |
| 1. | If it is necessary to make an urgent disposition for public safety and welfare; |
| 2. | If there is a ground specified by Presidential Decree to believe that it is obviously impracticable or evidently unnecessary to hear an opinion; |
| 3. | If a person concerned clearly manifests his/her intent to give up the opportunity to present his/her opinion. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Articles 44-8 and 44-9 Deleted. <by Act No. 8867, Feb. 29, 2008> |
| Article 44-10 (Defamation Dispute Conciliation Division) |
| (1) | The Communications Standards Commission shall have the defamation dispute conciliation division comprised of five members or less for efficient conciliation of disputes arising in connection with information that intrudes other persons' privacy, defames other persons, or violates other persons' rights including a member or more holding qualification of attorney-at-law. |
| (2) | The members of the defamation dispute conciliation division shall be commissioned by the chairperson of the Communications Standards Commission with consent of the Communications Standards Commission. |
| (3) | Articles 33-2 (2) and 35 through 39 shall apply mutatis mutandis to the procedure for conciliation of disputes by the defamation dispute conciliation division. In such cases, "Dispute Mediation Committee" shall be construed as "Communications Standards Commission," and "disputes over personal information" as "disputes arising in connection with information that intrudes privacy, defames other persons, or violates other persons' rights among information circulated through information and communications networks." |
| (4) | Necessary matters concerning the installation and operation of the defamation dispute conciliation division and the conciliation of disputes, and other related matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
CHAPTER VI SECURING OF STABILITY OF INFORMATION AND COMMUNICATIONS NETWORK
| Article 45 (Securing of Stability of Information and Communications Network) |
| (1) | Every provider of information and communications services shall take protective measures to secure the reliability of the information and security of the information and communications networks. |
| (2) | The Minister of Science, ICT and Future Planning may prescribe and provide a public notice of guidelines for protective measures for information (hereinafter referred to as "information protection guidelines"), specifying details of the protective measures under paragraph (1), and may recommend providers of information and communications services to observe the guidelines. <Amended by Act No. 11322, Feb. 17, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) | The information protection guidelines shall contain descriptions of the following matters: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | Technical and physical protective measures, including installation and operation of an information protection system, for a person with no due authorization to prevent or counteract access to invasion upon an information and communications network; |
| 2. | Technical protective measures for preventing unlawful leakage, forgery. alteration, or deletion of information; |
| 3. | Technical and physical protective measures for securing the state of enabling continuous use of information and communications networks; |
| 4. | Administrative protective measures for stabilization of information and communications networks and protection of information, including securing human resources, organization, and expenses and establishing related plans. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 45-2 (Preliminary Examination on Information Protection) |
| (1) | A provider of information and communications services shall, if he/she intends to newly establish an information and communications network or to provide information and communications services, take the matters regarding information protection into account in planning or designing thereof. |
| (2) | The Minister of Science, ICT and Future Planning may recommend a person who intends to implement the information and communications services or the telecommunications businesses falling under any of the following subparagraphs to take protective measures in accordance with the preliminary examination standards as determined by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | The information and communications services or telecommunications businesses as determined by Presidential Decree, for which authorization or permission by the Minister of Science, ICT and Future Planning should be obtained or registration with or report to the Korea Communications Commission should be made pursuant to this Act or other Acts and subordinate statutes; |
| 2. | The information and communications services or the telecommunications businesses as determined by Presidential Decree and financed by the Minister of Science, ICT and Future Planning for all or part of the business expenses thereof. |
| (3) | Standards, methods, procedures, fees for the preliminary examination on protection of information pursuant to paragraph (2) and other necessary matters shall be determined by Presidential Decree. |
[This Article Newly Inserted by Act No. 11322, Feb. 17, 2012]
| Article 45-3 (Designation, etc. of Chief Information Protection Officers) |
| (1) | A provider of information and communications services may designate a chief information protection officer at a level of an executive officer for security of information and communications system, etc. and for safe administration of information: Provided, That in cases of any provider of information and communications services whose number of employees, number of users, etc. meet standards prescribed by Presidential Decree, he/she shall report its designation of the chief information protection officer to the Minister of Science, ICT and Future Planning. <Amended by Act No. 12681, May 28, 2014> |
| (2) | Methods and procedures for reporting under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12681, May 28, 2014> |
| (3) | A chief information protection officer shall be responsible for the following matters: |
| 1. | Establishment and administration/operation of an administrative system for information protection; |
| 2. | Analysis/evaluation and improvement of the weakness of information protection; |
| 3. | Prevention of and response to an intrusion; |
| 4. | Preparation of preliminary measures for information protection and designing/realization, etc. of security measures; |
| 5. | Review of a preliminary security for information protection; |
| 6. | Review of the encryption of an important information and the suitability of a security server; |
| 7. | Other matters, such as taking necessary measures for protection of information pursuant to this Act or other relevant statutes. |
| (4) | A provider of information and communications services may establish and operate an association of chief information protection officers comprised of chief information protection officers prescribed in paragraph (1) in order to jointly perform prevention/response in cases of intrusion, sharing necessary information and other joint programs prescribed by Presidential Decree. |
| (5) | The Government may provide financial support to the association of chief information protection officers under paragraph (4) for expenses, in whole or in part, incurred in conducting its activities. <Amended by Act No. 12681, May 28, 2014; Act No. 13343, Jun. 22, 2015> |
[This Article Newly Inserted by Act No. 11322, Feb. 17, 2012]
| Article 46 (Protection of Clustered Information and Communications Facilities) |
| (1) | Every business operator who operates and manages clustered information and communications facilities to render information and communications services on behalf of another person (hereinafter referred to as "business operator of clustered information and communications facilities") shall take protective measures as prescribed by Presidential Decree to operate the information and communications facilities stably. |
| (2) | Every business operator of clustered information and communications facilities shall purchase insurance policies as prescribed by Presidential Decree to cover damages that may be caused by destruction or damage of the clustered information and communications facilities or any other trouble in operation. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 46-2 (Emergency Countermeasures of Business Operators of Clustered Information and Communications Facilities) |
| (1) | A business operator of clustered information and communications facilities may, if any of the following events occurs, suspend rendering relevant services, in whole or in part, as stipulated in the standardized user agreement: <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | If it is anticipated that an abnormality found in the information system of a person who uses clustered information and communications facilities (hereinafter referred to as "user of facilities") will probably cause a serious trouble to the information system of other users of facilities or clustered information and communications facilities; |
| 2. | If it is anticipated that an intrusion from outside will probably cause a serious trouble to the clustered information and communications facilities; |
| 3. | If there occurs a serious intrusion and the Minister of Science, ICT and Future Planning or the Korea Internet and Security Agency requests to suspend the services. |
| (2) | A business operator of clustered information and communications facilities shall, when it suspends its services in accordance with paragraph (1), immediately notify users of facilities of the suspension of services, specifically stating the reasons for the suspension, the date, time, period, and details of the suspension, and other related matters. |
| (3) | A business operator of clustered information and communications facilities shall, once the event that caused suspension of services terminates, resume its services immediately. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 46-3 Deleted. <by Act No. 11322, Feb. 17, 2012> |
| Article 47 (Certification of Information Security Management System) |
| (1) | With respect to the person who has established and operates a comprehensive management system, including administrative and technical protective measures, for securing stability and reliability of an information and communications network (hereinafter referred to as "information security management system"), the Minister of Science, ICT and Future Planning may certify as to whether he/she meets the standards under paragraph (4). <Amended by Act No. 11322, Feb. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13520, Dec. 1, 2015> |
| (2) | A telecommunication business operator under subparagraph 8 of Article 2 of the Telecommunications Business Act, or any of the following persons, who provides or intermediates the provision of information by using telecommunications services of any telecommunication business operator, shall receive the certification under paragraph (1): <Newly Inserted by Act No. 11322, Feb. 17, 2012; Act No. 13520, Dec. 1, 2015> |
| 2. | A business operator of clustered information and communications facilities; |
| 3. | A person falling under the standards determined by Presidential Decree, whose annual sales or tax revenue, etc. is not less than 150 billion won, whose sales of the sector of information and communications services of the previous year is not less than 10 billion won, or whose average number of daily users over the past three months is not less than one million. |
| (3) | Where a person required to be certified in accordance with paragraph (2) is certified for conformity with international standards for information protection or takes measures for information protection, as prescribed by Ordinance of the Ministry of Science, ICT and Future Planning, the Minister of Science, ICT and Future Planning may omit part of certification examination under paragraph (1). In this case, the detailed scope of omitted certification examination shall be determined and publicly notified by the Minister of Science, ICT and Future Planning. <Newly Inserted by Act No. 13520, Dec. 1, 2015> |
| (4) | The Minister of Science, ICT and Future Planning may, for the purpose of certification for information security management system under paragraph (1), determine and give a public notice of other necessary matters such as certification criteria, including countermeasures for managerial, technical and physical protection. <Amended by Act No. 11322, Feb. 17, 2012; Act No.11690, Mar.23. 2013; Act No. 13520, Dec. 1, 2015> |
| (5) | The period of validity of the certification for an information security management system under paragraph (1) shall be three years: Provided, That upon the receipt of any rating for information protection and management in accordance with Article 47-5 (1), the certification under paragraph (1) shall be deemed effective during the period of validity of such rating. Act No. <Newly Inserted by Act No. 11322, Feb. 17, 2012; Act No. 13520, Dec. 1, 2015> |
| (6) | The Minister of Science, ICT and Future Planning may have the Korea Internet Security Agency or any institution (hereinafter referred to as a “certification body of information security management systems”) designated by the Minister of Science, ICT and Future Planning perform the following affairs related to the certification under paragraphs (1) and (2): <Newly Inserted by Act No. 11322, Feb. 17, 2012; Act No.11690, Mar.23. 2013; Act No. Act No. 13520, Dec. 1, 2015> |
| 1. | Examination (hereinafter referred to as an “examination of certification” of verifying whether the information security management systems by established by an applicant for certification meets the standards for certification under paragraph (4); |
| 2. | Review on the results of examination of certification; |
| 3. | Issuance and management of written certifications; |
| 4. | Ex post facto management of granted certifications; |
| 5. | Fosterage and qualification management of the certification examiners of information security management systems; |
| 6. | Other affairs concerning the certification for information security management systems. |
| (7) | The Minister of Science, ICT and Future Planning may, if necessary for the efficient conduct of affairs related to certification, designate an institution for performing affairs related to examination of certification (hereinafter referred to as an “examination institution for information security management systems”). <Newly Inserted by Act No. 13520, Dec. 1, 2015> |
| (8) | The Korea Internet Security Agency, a certification body for information security management systems, and an examination institution for information security management systems shall, in order to enhance the efficiency of information security management systems, perform ex post facto management at least once a year and notify the Minister of Science, ICT and Future Planning of the results thereof. <Newly Inserted by Act No. 11322, Feb. 17, 2012; Act No.11690, Mar.23. 2013; Act No. 13520, Dec. 1, 2015> |
| (9) | A person who has received certification of an information security management systems in accordance with paragraphs (1) and (2) may indicate or publicize the content of the certification, as prescribed by Presidential Decree. <Amended by Act No. 11322, Feb. 17, 2012; Act No. 13520, Dec. 1, 2015> |
| (10) | The Minister of Science, ICT and Future Planning may revoke the certification where any of the following grounds are found: Provided, That for the cases falling under subparagraph 1, the Minister of Science, ICT and Future Planning shall revoke the certification: <Newly Inserted by Act No. 11322, Feb. 17, 2012; Act No.11690, Mar.23. 2013; Act No. 13520, Dec. 1, 2015> |
| 1. | Having received the certification of an information security management systems in a false or otherwise unjustifiable manner; |
| 2. | Falling short of the standards for certification under paragraph (4); |
| 3. | Refusing or obstructing the ex post facto management under paragraph (8). |
| (11) | Methods and procedures for, and scope and fees of, certification under paragraphs (1) and (2), methods and procedures for ex post facto management under paragraph (8), methods and procedures for revoking certification under paragraph (10), and other necessary mattes shall be prescribed by Presidential Decree. <Amended by Act No. 11322, Feb. 17, 2012; No. 13520, Dec. 1, 2015> |
| (12) | Standards and procedures for, and period of validity, the designation of a certification body for information security management systems and an examination institution for information security management systems shall be prescribed by Presidential Decree. <Amended by Act No. 11322, Feb. 17, 2012; ct No. 13520, Dec. 1, 2015> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 47-2 (Revocation of Designation of Certification Body of and Examination Institution for Information Security Management Systems) |
| (1) | If a legal entity or organization designated as a certification body for information security management system or an examination institution for information security management systems pursuant to Article 47 falls under any of the following subparagraphs, the Minister of Science, ICT and Future Planning may revoke the designation or order it to suspend the relevant business, entirely or partially, for a prescribed period of time not exceeding one year: Provided, That the designation shall be revoked without an exception, if the legal entity or organization falls under subparagraph 1 or 2: <Amended by Act No. 11322, Feb. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13520, Dec. 1, 2015> |
| 1. | If it has obtained the designation of a certification body or an examination institution for information security management systems by deceit or in any other fraudulent mean; |
| 2. | If it has granted or examined certification during a business suspension period; |
| 3. | If it has not performed certification or examination of certification without justifiable grounds; |
| 4. | If it has performed certification or examination of certification, in violation of Article 47 (11); |
| 5. | If it no longer meets the criteria for designation under Article 47 (12). |
| (2) | Matters necessary for the revocation of designation and suspension of business under paragraph (1) and other related matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 47-3 (Certification of Personal Information Management System) |
| (1) | With respect to a person who established and is operating a comprehensive management system including administrative, technical and physical protective measures in order to systematically and continuously perform the activities for protection of personal information in the information and communications network (hereinafter referred to as “personal information management system”), the Korea Communications Commission may certify as to whether the management system meets the standards pursuant to paragraph (2). |
| (2) | The Korea Communications Commission may, for the certification of personal information management system pursuant to paragraph (1), determine and give a public notice of standards for the certification including administrative, technical and physical protective measures and other necessary matters. |
| (3) | Concerning the institutions which implement the personal information management system and the follow-up management, etc., Article 47 (6) through (12) shall apply mutatis mutandis thereto. In this case, the term “paragraphs (1) and (2)” shall be deemed “paragraph (1)”. <Amended by Act No. 13520, Dec. 1, 2015> |
| (4) | Concerning the revocation of designation, etc. of a certifying institution of the personal information management system, Article 47-2 shall apply mutatis mutandis thereto. |
[This Article Newly Inserted by Act No. 11322, Feb. 17, 2012]
| Article 47-4 (Protection of User Information) |
| (1) | The Government may prescribe guidelines necessary for protection of information of users to recommend users to observe the guidelines, and may take necessary measures for preventing intrusions and precluding spread of intrusions, such as inspection of weaknesses and technical support. |
| (2) | A major provider of information and communications services may, if it is foreseen that a serious problem is likely to occur in the information system of a user who uses the services, the information and communications network, or similar provided by it because of an occurrence of a serious intrusion on its information and communications network, request the user to take necessary protective measures as stipulated by the standard user agreement, and may place a temporary restriction on access to the relevant information and communications network if the user does not perform as requested. |
| (3) | A software business operator under Article 2 of the Software Industry Promotion Act shall, when he/she produced a program that improves weaknesses in security, notify the Korea Internet and Security Agency of its production, and shall notify users of the software of the production at least twice within one month from the date of production. <Amended by Act No. 9637, Apr. 22, 2009> |
| (4) | Specific details that shall be stipulated by the standard user agreement with respect to the request for protective measures under paragraph (2) and other related matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 47-5 (Management Rating for Information Protection) |
| (1) | A person who has obtained the certification for information security management system pursuant to Article 47 is entitled to receive the management rating for information protection from the Minister of Science, ICT and Future Planning in order to enhance level of a corporate’s management of its comprehensive information protection and to secure users’ reliability on information protection services. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning may authorize the Korea Internet and Security Agency to perform the affairs of rating under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A person who has obtained the management rating for information protection pursuant to paragraph (1) may indicate the obtained rating or advertise details of such rating as determined by Presidential Decree. |
| (4) | In cases where the Minister of Science, ICT and Future Planning finds causes falling under any of the following subparagraphs, the Minister may revoke the aforementioned rating: Provided, That for the cases falling under subparagraph 1, the Minister shall revoke the granted rating: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13520, Dec. 1, 2015> |
| 1. | Where a person obtained the management rating for information protection, by fraud or other improper means; |
| 2. | Where falling short of the standards of rating pursuant to paragraph (5). |
| (5) | Standards of review in assigning the rating pursuant to paragraph (1), the method, procedure and fee of assigning the rating, the effective term of rating, the method/procedure of revocation of rating pursuant to paragraph (4) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11322, Feb. 17, 2012]
| Article 48 (Prohibition on Intrusive Acts, etc. on Information and Communications Network) |
| (1) | No one shall intrude on an information and communications network without a rightful authority for access or beyond a permitted authority for access. |
| (2) | No one shall mutilate, destroy, alter, or forge an information and communications system, data, program, or similar without a justifiable grounds, nor shall convey or spread a program that is likely to interrupt operation of such system, data, program, or similar (hereinafter referred to as "malicious program"). |
| (3) | No one shall cause a trouble to an information and communications network to interfere with stable operation of the information and communications network in purpose by sending a large amount of signals or data, letting the network process an illegitimate order or doing the similar actions. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 48-2 (Countermeasures, etc. against Intrusion Cases) |
| (1) | The Minister of Science, ICT and Future Planning shall perform the following business affairs to take proper countermeasures against intrusion, and may have the Korea Internet and Security Agency perform all or part of the business affairs, if necessary to do so: <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | Collection and spread of information about intrusion; |
| 2. | Precaution and warning of intrusion; |
| 3. | Emergency measures against intrusion; |
| 4. | Other countermeasures against intrusion prescribed by Presidential Decree. |
| (2) | A person falling under any of the following subparagraphs shall furnish the Minister of Science, ICT and Future Planning or the Korea Internet and Security Agency with the information related to intrusion cases, including statistics by type of intrusion cases, statistics of traffic of the relevant information and communications network, and statistics of use by access channel, as prescribed by Presidential Decree: <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | A major provider of information and communications services; |
| 2. | A business operator of clustered information and communications facilities; |
| 3. | Other persons specified by Presidential Decree among those who operate an information and communications network. |
| (3) | The Korea Internet and Security Agency shall analyze the information under paragraph (2) and report it to the Minister of Science, ICT and Future Planning. <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
| (4) | If a business operator who is obligated to furnish the information in accordance with paragraph (2) refuses to do without a justifiable ground or furnishes false information, the Minister of Science, ICT and Future Planning may order the business operator to make a correction within a reasonable period of time prescribed by the Commission. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Science, ICT and Future Planning or the Korea Internet and Security Agency shall use the information furnished in accordance with paragraph (2) properly within the extent necessary for taking countermeasures against intrusion. <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
| (6) | The Minister of Science, ICT and Future Planning or the Korea Internet and Security Agency may, if necessary to take countermeasures against intrusion, request a person falling under any subparagraph of paragraph (2) to provide human resources for assistance. <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 48-3 (Report, etc. on Intrusion Cases) |
| (1) | A person falling under any of the following subparagraphs shall, where he/she discovers an intrusion, immediately report it to the Minister of Science, ICT and Future Planning or the Korea Internet and Security Agency. In such cases, a notice given in accordance with Article 13 (1) of the Act on the Protection of Information and Communications Infrastructure shall be deemed a report under the foregoing sentence: <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | A provider of information and communications services; |
| 2. | A business operator of clustered information and communications facilities. |
| (2) | The Minister of Science, ICT and Future Planning or the Korea Internet and Security Agency shall, upon receiving a report of intrusion under paragraph (1) or being aware of an intrusion, take necessary measures under subparagraphs of Article 48-2 (1). <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 48-4 (Analysis, etc. of Cause of Intrusion Cases) |
| (1) | A person who operates an information and communications network, including a provider of information and communications services, shall analyze causes of intrusion and keep damage from intrusion at bay, whenever an intrusion occurs. |
| (2) | The Minister of Science, ICT and Future Planning may, when a serious intrusion occurs in an information and communications network operated by a provider of information and communications services, organize a private-public joint investigation team having expertise in protection of information to conduct an analysis on causes of such intrusion in order to preclude spread of damage, take countermeasures against the intrusion, recover from damage and prevent recurrence of such intrusion. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Science, ICT and Future Planning may, if deemed necessary for analyzing causes of an intrusion pursuant to paragraph (2), order a provider of information and communications services and a business operator of clustered information and communications facilities to preserve relevant data, such as access records of the relevant information and communications network. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Science, ICT and Future Planning may, if deemed necessary for analyzing causes of an intrusion, demand a provider of information and communications services and a business operator of clustered information and communications facilities to submit data related to the intrusion, and also may order the private-public joint investigation team under paragraph (2) to enter into a place of business of a person involved to conduct investigation into the causes of the intrusion: Provided, That submission of data corresponding to access log data under subparagraph 11 of Article 2 of the Protection of Communications Secrets Act shall be governed by the provisions of the aforesaid Act. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Science, ICT and Future Planning or the private-public joint investigation team shall not use the information learned through the data submitted and the investigation conducted in accordance with paragraph (4) for any purpose other than analysis of causes of the intrusion and preparation of countermeasures, and shall destroy it immediately after the analysis of causes is completed. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Necessary matters concerning the organization of the private-public joint investigation team under paragraph (2) and the protection of data submitted in relation to an intrusion in accordance with paragraph (4), and other related matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 49 (Protection of Secrets, etc.) |
No one shall mutilate another person's information processed, stored, or transmitted through an information and communications network, nor shall infringe, misappropriate, or divulge another person's secret.
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 49-2 (Prohibition on Collection, etc. of Personal Information by Acts of Deceit) |
| (1) | No one shall collect another person's information through an information and communications network by an act of deceit, nor shall entice another person by an act of deceit to furnish information. |
| (2) | A provider of information and communications services shall, whenever it discovers a violation of paragraph (1), immediately report it to the Minister of Science, Information and Communications Technology (ICT) and Future Planning, the Korea Communications Commission, or the Korea Internet and Security Agency. <Amended by Act No. 9637, Apr. 22, 2009; Act No. 14080, Mar. 22, 2016> |
| (3) | The Minister of Science, Information and Communications Technology (ICT) and Future Planning, the Korea Communications Commission, or the Korea Internet and Security Agency shall, upon receiving a report under paragraph (2) or becoming aware of a violation of paragraph (1), take the following measures as may be necessary: <Amended by Act No. 9637, Apr. 22, 2009; Act No. 14080, Mar. 22, 2016> |
| 1. | Collection and diffusion of the information related to the violation; |
| 2. | Precaution and warning of similar damage; |
| 3. | Emergency Measures to prevent damage and spread thereof, including requesting the relevant provider of information and communications services to block access paths or to inform the users of the fact that they are exposed to an act of violating paragraph (1). |
| (4) | The Minister of Science, Information and Communications Technology (ICT) and Future Planning, or the Korea Communications Commission may, for taking measures referred to in paragraph (3) 3, order providers of information and communications services to take necessary measures, such as sharing among themselves information regarding acts of deceit through information and communications networks. <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 50 (Restrictions on Transmission of Advertising Information for Profit) |
| (1) | If any person intends to transmit advertising information for profit by using an electronic transmission medium, he/she shall obtain explicit prior consent from an addressee to whom such information is addressed: Provided, That where he/she falls under any of the following, he/she need not obtain prior consent: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | Where a person who has directly collected contact details from the addressee in his/her dealings of goods, etc. intends to transmit advertising information for profit on the same kinds of goods, etc. as those he/she manages and has dealt with the addressee within a period prescribed by Presidential Decree; |
| 2. | Where a telemarketer under the Act on Door-to-Door Sales, Etc. informs prospective customers of the collection source of their personal information by voice, and solicits them to buy products or services by means of telephone call. |
| (2) | Notwithstanding paragraph (1), where an addressee expresses his/her intention to refuse to receive information or revokes his/her prior consent, no person who intends to transmit advertising information for profit by using an electronic transmission medium shall transmit advertising information for profit. |
| (3) | Notwithstanding paragraph (1), a person who intends to transmit advertising information for profit by using an electronic transmission medium during the time between 9:00 pm and 8:00 am of the following day shall obtain express prior consent from the addressee of such information: Provided, That in cases of media prescribed by Presidential Decree, the forgoing shall not apply thereto. |
| (4) | A person who transmits advertising information for profit by using an electronic transmission medium shall specify the following matters in advertising information, as prescribed by Presidential Decree: |
| 1. | The name and contact details of a sender; |
| 2. | Matters concerning measures and methods by which an addressee can easily express his/her intention to refuse to receive information or to revoke his/her consent to receive information. |
| (5) | No person who transmits advertising information for profit by using an electronic transmission medium shall take any of the following measures: |
| 1. | Measures to avoid or interfere with an addressee's refusal to receive or revocation of his/her consent to receive advertising information; |
| 2. | Measures to automatically generate an addressee's contact information, such as telephone numbers and email addresses, by combining figures, codes, or letters; |
| 3. | Measures to automatically register telephone numbers or email addresses for the purpose of transmitting advertising information for profit; |
| 4. | Various measures to hide the identity of the sender of advertising information or the source from which advertising is transmitted; |
| 5. | Various measures to induce an addressee to reply by deceiving him/her for the purpose of transmitting advertising information for profit. |
| (6) | A person who transmits advertising information for profit by using an electronic transmission medium shall take necessary measures so that an addressee does not incur any cost, such as telephone charges, when the addressee refuses to receive or revokes his/her consent to receive such information, as prescribed by Presidential Decree. |
| (7) | Where an addressee gives prior consent under paragraph (1) or expresses his/her intention to refuse to receive or revoke his/her consent to receive advertising information under paragraph (2), a person who intends to transmit advertising information for profit by using an electronic transmission medium shall inform the relevant addressee of the outcomes of measures taken in relation to consent to receive, refusal to receive, or revocation of consent to receive advertising information, as prescribed by Presidential Decree. |
| (8) | A person who obtains consent to receive advertising information pursuant to paragraph (1) or (3) shall regularly verify whether an addressee of advertising information consents to receive such information, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12681, May 28, 2014]
| Article 50-2 Deleted. <by Act No. 12681, May 28, 2014> |
| Article 50-3 (Commissioned Transmission of Advertising Information for Profit) |
| (1) | A person who has commissioned a third party to transmit advertising information for profit on his/her behalf shall control and oversee the person to whom the transmission was commissioned to ensure that the person does not violate Article 50. <Amended by Act No. 12681, May 28, 2014> |
| (2) | A person to whom transmission of advertising information for profit has been commissioned under paragraph (1) shall be deemed an employee of the person who has commissioned the transmission of information in determining liability for damages caused by a violation of an Act related to such business affair. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 50-4 (Restrictions on Rendering Information Transmission Services) |
| (1) | A provider of information and communications services may take measures to refuse rendering corresponding services in any of the following cases: |
| 1. | If transmission or reception of advertising information hinders or is likely to hinder rendering the services; |
| 2. | If a user does not want to receive advertising information; |
| 3. | Deleted. <by Act No. 12681, May 28, 2014> |
| (2) | If a provider of information and communications services intends to take any measure for refusal under paragraph (1) or (4), he/she shall include matters concerning the refusal of the relevant services in the terms and conditions of a contract for use of information and communications services which he/she concludes with the user of such services. <Amended by Act No. 12681, May 28, 2014> |
| (3) | A provider of information and communications services shall inform interested persons, such as users to whom such services are provided, of the fact that he/she has taken measures for refusal under paragraph (1) or (4): Provided, That where it is impracticable to inform them of the fact in advance, he/she shall inform them of the fact immediately after it has taken measures for refusal. <Amended by Act No. 12681, May 28, 2014> |
| (4) | Where services which a provider of information and communications services provides to users under a contract for use are used for transmitting advertising information for profits, in violation of Article 50 or 50-8, the relevant provider of information and communications services shall formulate necessary measures, such as refusal to provide the relevant services or fix of problmes of information and communications networks or services. <Newly Inserted by Act No. 12681, May 28, 2014> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 50-5 (Installation of Advertising Program for Profit) |
A provider of information and communications services shall, when it intends to install a program designed to display advertising information or collect personal information in a user's computer or any other information processing device specified by Presidential Decree, obtain consent from the user. In such cases, it shall notify the purpose of use of the program and the method of deletion.
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 50-6 (Distribution of Software Designed to Block Transmission of Advertising Information for Profit) |
| (1) | The Korea Communications Commission may develop and distribute software or computer programs designed for addressees to conveniently block or report any advertising information for profit when it is transmitted in violation of Article 50. |
| (2) | The Korea Communications Commission may provide necessary support to related public agencies, legal entities, organizations, or similar for facilitating the development and distribution of software or computer programs for cutting off or reporting transmission under paragraph (1). |
| (3) | If telecommunications services rendered by a provider of information and communications services are used in transmitting advertising information for profit in violation of Article 50, the Korea Communications Commission may recommend the provider of information and communications services to take necessary measures, such as development of technology, education, and public relations activities to protect addressees. |
| (4) | The method of the development and distribution under paragraph (1) and the matters necessary for the support under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 50-7 (Restrictions on Posting of Advertising Information for Profit) |
| (1) | Where any person intends to post advertising information for profit on an Internet website, he/she shall obtain prior consent from the operator or the manager of an Internet website: Provided, That in cases of a message board to which any person can have easy access without special authority and on which any person can post his/her message, he/she need not obtain prior consent. |
| (2) | Notwithstanding paragraph (1), where the operator or the manager of an Internet website explicitly expresses his/her intention to refuse to post a notice or to revoke his/her prior consent, no person who intends to post advertising information for profit shall post advertising information for profit. |
| (3) | The operator or the manager of the Internet website may take measures, such as deletion of advertising information for profit posted, in violation of paragraph (1) or (2). |
[This Article Wholly Amended by Act No. 12681, May 28, 2014]
| Article 50-8 (Prohibition on Transmission of Advertising Information for Unlawful Act) |
No one shall transmit any advertising information for goods or services prohibited by this Act or any other Act through an information and communications network.
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 51 (Restriction, etc. on Outflow of Important Information to Abroad) |
| (1) | The Government may have providers or users of information and communications services to take necessary measures to prevent outflow abroad of any important information about industry, economy, science, technology, etc. of this county through information and communications networks. |
| (2) | The scope of the important information under paragraph (1) shall be as follows: |
| 1. | Information related to the national security and major policies; |
| 2. | Information about details of cutting-edge science and technology or equipment developed within this country. |
| (3) | The Government may have the providers of information and communications services that manage the information under subparagraphs of paragraph (2) take the following measures: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | Installation of a systematic or technical device for preventing unlawful use of information and communications networks; |
| 2. | Systematic and technical measures for preventing unlawful destruction or manipulation of information; |
| 3. | Measures for preventing leakage of important information that providers of information and communications services have learned while managing the information. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 52 (Korea Internet and Security Agency) |
| (1) | The Government shall establish the Korea Internet and Security Agency (hereinafter referred to as the "Internet and Security Agency") to upgrade the information and communications network (excluding matters concerning establishment, improvement and management of information and telecommunications network), encourage the safe use thereof, and promote the international cooperation and advancement into the overseas market in relation to broadcasting and communications. <Amended by Act No. 9637, Apr. 22, 2009> |
| (2) | The Internet and Security Agency shall be a legal entity. <Amended by Act No. 9637, Apr. 22, 2009> |
| (3) | The Internet and Security Agency shall perform the following business affairs: <Amended by Act No. 9637, Apr. 22, 2009; Act No. 11322, Feb. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No.13343 Jun. 22, 2015> |
| 1. | Survey and research of laws, policies and systems for the use and protection of the information and telecommunications network, promotion of the international cooperation and advancement into the overseas market in relation to broadcasting and communications, etc.; |
| 2. | Survey and research of statistics concerning the use and protection of the information and telecommunications network; |
| 3. | Analysis of negative effects arising from the use of the information and telecommunications network and research on countermeasures; |
| 4. | Public relations activities, education, and training for using and protecting the information and telecommunications network; |
| 5. | Information protection for the information and telecommunications network, development of technologies concerning the Internet address resources and standardization thereof; |
| 6. | Support for policies for the information security industry, development of relevant technology and fostering of human resources; |
| 7. | Certification of the information security management system, implementation of and support for certification, evaluation, etc. of the information protection, such as evaluation or certification of the information security system; |
| 8. | Research of measures to protect personal information and support for development and proliferation of protection technology; |
| 9. | Support for the operation of the Dispute Mediation Committee and operation of the privacy call center; |
| 10. | Transmission of promotional information and consultation on and processing of complaints related to Internet advertisements; |
| 11. | Operation of a system to deal with intrusion cases of information and telecommunications network, analyze the causes thereof, and respond thereto; |
| 13. | Support for an efficient operation of the Internet and encouragement of wider use thereof; |
| 14. | Support for the protection of stored information of the Internet users; |
| 15. | Support for service policies pertaining to the Internet; |
| 16. | Protection of users and support for the proliferation of sound information on the Internet; |
| 20. | Support for such international cooperation, overseas expansion and overseas publicity activities as are concerning broadcasting and communications; |
| 21. | Businesses incidental to those referred to in subparagraphs 1 through 20; |
| 22. | Other businesses determined to fall under the affairs of, or entrusted to, the Internet and Security Agency in accordance with this Act, or any other statute, or other businesses entrusted by the Minister of Science, ICT and Future Planning, the Minister of Interior, the Korea Communications Commission, or the head of any other administrative agency. |
| (4) | Expenses necessary for the business affairs of the Internet and Security Agency shall be funded by the following financial resources: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | Government’s contributions; |
| 2. | Revenues accrued from businesses referred to in each subparagraph of paragraph (3); |
| 3. | Other revenues accrued from operating the Internet and Security Agency. |
| (5) | The provisions governing incorporated foundations under the Civil Act shall apply mutatis mutandis to any matter not provided for in this Act with respect to the Internet and Security Agency. <Amended by Act No. 9637, Apr. 22, 2009> |
| (6) | Any person, other than the Internet and Security Agency, shall not use the name called "Korea Internet and Security Agency." <Amended by Act No. 9637, Apr. 22, 2009> |
| (7) | Matters necessary for the operation of the Internet and Security Agency and performance of its business affairs shall be prescribed by Presidential Decree. <Amended by Act No. 9637, Apr. 22, 2009> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
CHAPTER VII TELECOMMUNICATIONS BILLING SERVICES
| Article 53 (Registration, etc. of Provider of Telecommunications Billing Services) |
| (1) | A person who intends to render telecommunications billing services shall meet the following requirements and complete registration with the Minister of Science, ICT and Future Planning as prescribed by Presidential Decree: <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 2. | A plan for protection of users of telecommunications billing services; |
| 3. | Human resources and physical facilities required for carrying on the business; |
| (2) | A person eligible for the registration under paragraph (1) shall be either a company under Article 170 of the Commercial Act or a legal entity under Article 32 of the Civil Act and the total amount of its capital, contributions, or fundamental property shall not be less than the amount specified by Presidential Decree and more than 500 million won. |
| (4) | Articles 23 through 26 of the Telecommunications Business Act shall apply mutatis mutandis to a revision to registration of a provider of telecommunications billing services, the transfer or acquisition of business, or the merger or inheritance of business, the succession to business, the cessation, discontinuance, dissolution, or similar of business of a provider of telecommunications billing services. In such cases, "special telecommunications business operator" shall be construed as "provider of telecommunications billing services," and "special telecommunications business" as "telecommunications billing services." <Amended by Act No. 10166, Mar. 22, 2010> |
| (5) | Detailed requirements and procedure for the registration under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
| Article 54 (Disqualification from Registration) |
A person falling under any of the following subparagraphs shall be disqualified for the registration under Article 53: <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> | 1. | A legal entity in which case one year has not elapsed since its business was discontinued pursuant to Article 53 (4) or a person who was a major shareholder of such legal entity at the time when its business was discontinued (referring to an investor specified by Presidential Decree; hereinafter the same shall apply), if one year has not elapsed since the date of discontinuance; |
| 2. | A legal entity in which case three years have not elapsed since its registration was revoked pursuant to Article 55 (1) or a person who was a major shareholder of such legal entity at the time when its registration was revoked, if three years have not elapsed since the date of revocation; |
| 4. | A person who did not perform his/her obligations within an agreed time limit in a banking transaction or any other commercial transaction and who is specified by the Minister of Science, ICT and Future Planning; |
| 5. | A legal entity any of whose major shareholders falls under any provision of subparagraphs 1 through 4. |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
| Article 55 (Order to Revoke Registration) |
| (1) | Where a provider of telecommunications billing services makes a registration by fraud or other improper means, the Minister of Science, ICT and Future Planning shall revoke the registration. <Amended by Act No.13343 Jun.22, 2015> |
| (2) | The procedure for the disposition under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
| Article 56 (Reporting on Standard Contract Form) |
| (1) | Every provider of telecommunications billing services shall prepare a standard contract form on telecommunications billing services and report it to the Minister of Science, ICT and Future Planning (including reporting on a revision thereto). <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning may, if it is found that a standard contract form under paragraph (1) is likely to undermine users’ interest of telecommunications billing services, recommend the relevant provider of telecommunications billing services to revise the standard contract form. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
| Article 57 (Securing Safety in Telecommunications Billing Services) |
| (1) | Every provider of telecommunications billing services shall perform his/her duty to pay attention as a good manager so that telecommunications billing services may be provided in a safe manner. <Amended by Act No. 12681, May 28, 2014> |
| (2) | Every provider of telecommunications billing services shall take administrative measures, including formulation of guidelines for work process and classification of accounts, and technical measures, including establishment of an information protection system, to secure safety and reliability of transactions through telecommunications billing services as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
| Article 58 (Rights of Providers of Telecommunications Billing Services) |
| (1) | When the price for goods, etc. sold or provided must be paid, or a provider of telecommunications billing services charges the price therefor, it shall notify the users of telecommunications billing services of the following matters: <Amended by Act No. 10560, Apr. 5, 2011; Act No. 12681, May 28, 2014> |
| 1. | Date and time telecommunications billing services are used; |
| 2. | Trade name and contact information of the other party (referring to a person who sells and/or provides goods/services in a transaction through telecommunications billing services; hereinafter referred to as “other party to a transaction”); |
| 3. | Amount purchased/used through telecommunications billing services and details thereof; |
| 4. | Methods of raising an objection and contact information. |
| (2) | A provider of telecommunications billing services shall provide users of telecommunications billing services with a method by which users can verify the details of purchase and use, and shall also furnish a user, upon request, with a written statement on the details of purchase and use (including an electronic document; hereinafter the same shall apply) within two weeks from the date requested. |
| (3) | A user of telecommunications billing services discovers that the telecommunications billing services have been rendered against his/her will, he/she may request the provider of telecommunications billing services to make corrections (excluding cases where there is an intentional act or negligence on the part of the user of the telecommunications billing services), and where the provider of telecommunications billing services finds that the user's request for making corrections is reasonable, he/she shall withhold the payment of the price for use to a seller and notify the user of the results thereof within two weeks from the date such correction was requested. <Amended by Act No. 12681, May 28, 2014> |
| (4) | Every provider of telecommunications billing services shall preserve records of telecommunications billing services during the period, within the limit of five years, prescribed by Presidential Decree. |
| (5) | Where a provider of telecommunications billing services (a person who provides services under Article 2 (1) 10 (a)) provides telecommunications billing services or increases the upper limits of use, it shall obtain consent from a user of the relevant telecommunications billing services in advance. <Newly Inserted by Act No. 12681, May 28, 2014> |
| (6) | When a provider of telecommunications billing services (a person who provides services under Article 2 (1) 10 (a)) amends any of the contractual terms and conditions, he/she shall notify users of the amendment thereof one month prior to the effective date of the amended contractual terms and conditions. In such cases, a user who has an objection to the amended contractual terms and conditions may terminate the contract for telecommunications billing services. <Newly Inserted by Act No. 12681, May 28, 2014> |
| (7) | The period, types, and scope of the details of purchase and use which a provider of telecommunications billing services should provide pursuant to paragraph (2), types and methods of preservation of the records which a provider of telecommunications billing services should preserve pursuant to paragraph (4), and matters necessary for the termination of the contract, such as methods of notifying amendment to the contractual terms and conditions, the period and procedures for raising an objection, shall be prescribed by Presidential Decree. <Amended by Act No. 12681, May 28, 2014> |
| (8) | The Minister of Science, ICT, and Future Planning shall prescribe and provide a public notice of matters necessary for methods for giving consent, etc. under paragraph (5). <Newly Inserted by Act No. 12681, May 28, 2014> |
| (9) | The Minister of Science, ICT, and Future Planning may prescribe and give a public notice of detailed matters concerning methods for settling accounts, etc. so that telecommunications billing services are not provided against the will of users of telecommunications billing services. <Newly Inserted by Act No. 12681, May 28, 2014> |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
| Article 59 (Dispute Resolution) |
| (1) | Every provider of telecommunications billing services may install and operate an institution or organization that voluntary resolves disputes to protect rights and interests of users. |
| (2) | Every provider of telecommunications billing services shall prepare a procedure for raising an objection by users of telecommunications billing services in connection with the services and redressing damages to their rights, as prescribed by Presidential Decree, and where he/she enters into a contract for telecommunications billing services, he/she shall stipulate such procedure in the terms and conditions of the contract. <Amended by Act No. 12681, May 28, 2014> |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
| Article 60 (Liability for Damages) |
| (1) | A provider of telecommunications billing services shall be liable for damages caused to a user of the telecommunications billing services while rendering the services: Provided, That the same shall not apply in cases where the damages were caused by an intentional act or gross negligence on the part of the user of the telecommunications billing services. |
| (2) | A provider of telecommunications billing services shall negotiate with the claimant to damages for agreement on compensation for the damages under paragraph (1). |
| (3) | If parties fail to or are unable to reach an agreement on compensation for damages under paragraph (2), either party may file an application for decision with the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008> |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
| Article 61 (Restriction on Use of Telecommunications Billing Services) |
The Minister of Science, ICT and Future Planning may order a provider of telecommunications billing services to deny, suspend, or place a restriction on the services against a person falling under any of the following subparagraphs: <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11048, Sep. 15, 2011; Act No. 11690, Mar. 23, 2013>
| 2. | A person who undermines interests of users of telecommunications billing services seriously by enticing the users to purchase or use goods or services in any of the following means: |
| (a) | Transmitting any advertising information for profit in violation of Article 50; |
| (b) | Deceiving or enticing users of telecommunications billing services wrongfully; |
| 3. | A person who sells or renders goods or services prohibited by this Act or any other Act. |
[This Article Newly Inserted by Act No. 8778, Dec. 21, 2007]
CHAPTER VIII INTERNATIONAL COOPERATION
| Article 62 (International Cooperation) |
The Government shall maintain cooperate reciprocally with other nations or international organizations in carrying out the following affairs:
| 1. | Affairs related to the transfer of personal information between nations and the protection of personal information; |
| 2. | Affairs for the protection of juvenile in information and communications networks; |
| 3. | Affairs for the prevention of acts that undermine safety of information and communications networks; |
| 4. | Other affairs for the facilitation of sounder and safer use of information and communications services. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 63 (Protection of Personal Information Transferred Abroad) |
| (1) | Any provider of information and communications services or similar shall not conclude an international contract with any term or condition in violation of this Act with respect to personal information of users. |
| (2) | A provider, etc. of information and communications services shall obtain consent of the users in the case of intending to provide (including being inquired of), entrust management of, or deposit, such users’ personal information, to overseas (hereafter referred to as “transfer” in this Article): Provided, That the said provider, etc. of information and communications services may not go through a procedure for consent to either entrustment of management, or deposit, of the relevant personal information where such transfer is necessary for implementing a contract on the provision of information and communications services and promoting the users’ convenience, and such provider, etc. discloses all the matters referred to in each subparagraph of paragraph (3) pursuant to Article 27-2 (1) or informs such matters to the users in a manner prescribed by Presidential Decree, including by means of email. <Amended by Act No. 14080, Mar. 22, 2016> |
| (3) | A provider of information and communications services or similar who desires to obtain the consent under paragraph (2) shall notify the relevant user of all the following matters in advance: |
| 1. | Items of the personal information transferred; |
| 2. | A nation to which the personal information is to be transferred, the date and time, and methods of transfer; |
| 3. | The name of the person to whom the personal information is to be transferred (referring to the name of a legal entity and the contact information of the person responsible for management of information, if the person is a legal entity); |
| 4. | The purposes of use of the person to whom the personal information is to be transferred, and the period of time for possession and use of the personal information. |
| (4) | A provider of information and communications services or similar shall, when it transfers personal information to abroad with consent under paragraph (2), take protective measures, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 64 (Submission of Data) |
| (1) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission may require a provider of information and communications services or similar (including a person to whom this Article shall apply mutatis mutandis pursuant to Article 67; hereafter the same shall apply in this Article) to submit related articles, documents, and others in any of the following cases: <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11322, Feb. 17, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. | If he/she becomes aware of a violation or suspected violation of this Act; |
| 2. | If he/she receives a report or petition on a violation of this Act; |
| 2-2. | If it occurs, or is likely to occur, an event/accident or others which noticeably damages safety and reliability of users’ information; |
| 3. | If there is any other ground specified by Presidential Decree to believe that it is necessary for the protection of users. |
| (2) | The Korea Communications Commission may, when it intends to take the following measures against a person who transmitted any advertising information for profit in violation of this Act, request a provider of information and communications services or similar to let it peruse or to submit data of the person who transmitted the advertising information, such as the name, address and national identification number of the person and the period of time of access: |
| 1. | Corrective measures under paragraph (4); |
| 2. | Imposition of administrative fines under Article 76; |
| (3) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission may, if a provider, etc. of information and communications services fails to submit data under paragraph (1) or (2) or if it is found that a provider of information and communications services or similar has violated this Act, assign public officials under his/her control to enter the place of business of the person concerned related to the such violation of this Act, including the provider, etc. of information and communications services, to inspect the current status of business, account books, documents, and others. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14080, Mar. 22, 2016> |
| (4) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission may order a provider of information and communications services or similar who violated this Act to take corrective measures as may be necessary to stop or correct the violation, and may also require a provider of information and communications services or similar to whom it was ordered to take corrective measures to announce to the public the fact that it received the order to take such corrective measures. In such cases, the matters necessary for the method, guidelines, and procedure for the public announcement and other related matters shall be prescribed by Presidential Decree. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission may, when he/she issued an order to take corrective measures as may be necessary pursuant to paragraph (4), disclose to the public the fact that he/she issued the order to take corrective measures. In such cases, the matters necessary for the method, guidelines, and procedure for the public disclosure and other related matters shall be prescribed by Presidential Decree. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (6) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall, when he/she demands submission or inspection of data or other materials pursuant to paragraph (1) or (2), give a written notice (including an electronic document), specifically stating the reasons and legal authority for such demand, the time limit for submission or the date and time for inspection, the details of data subject to the submission or inspection, and other related matters. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (7) | When a inspection under paragraph (3) is to be conducted, the plan for the inspection, including the date and time of, and the reasons for and details of the inspection, shall be notified to the relevant provider of information and communications services or similar no later than seven days before the commencement of the inspection: Provided, That the plan for such inspection shall not be notified in an emergency case or if it is deemed impossible to accomplish the purposes of the inspection because of anticipated destruction of evidence or any other factor if a prior notice is given. |
| (8) | The public officials who inspect pursuant to paragraph (3) shall carry an identification indicating their authority with them to present it to people concerned, and shall deliver to the people concerned a document stating their names, the time and purposes of access, and other related matters, whenever they access to a place of business. |
| (9) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall, where he/she receives, peruses, or inspects data or any other material submitted pursuant to any provision of paragraphs (1) through (3), notify the relevant provider of information and communications services or similar of the results thereof (including the details of disposition, in cases where he/she intends to make a disposition, such as an order to take corrective measures, as a result of the inspection) in writing. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (10) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission may ask technical advice or any other support of the head of the Internet and Security Agency as may be necessary in demanding submission of data or conducting an inspection pursuant to paragraphs (1) through (4). <Amended by Act No. 9637, Apr. 22, 2009; Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (11) | The demand for submission of data or any other materials and the inspections under paragraphs (1) through (3) shall be limited to the least extent necessary for the enforcement of this Act, and shall be not abused for any other purpose. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 64-2 (Protection and Destruction of Data, etc.) |
| (1) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall not, if asked by a provider of information and communications services or similar to protect documents, data, or any other materials submitted or collected pursuant to Article 64, furnish them to a third party or disclose them to the general public. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall, when having received data submitted through an information and communications network or converted collected data or any other materials into an electronic format, take systematic and technical measures for security to protect personal information, trade secret, or similar from being leaked. <Amended by Act No. 10465, Mar 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall, if any of the following events occurs, immediately destroy documents, data, or any other materials submitted or collected pursuant to Article 64, except as specifically provided for otherwise by any other Act. The same shall apply to a person to whom the authority of the Minister of Science, ICT and Future Planning or the Korea Communications Commission has been delegated or entrusted in whole or in part under Article 65: <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | If the objectives of demanding submission of data, conducting a field inspection, or issuing an order to take corrective measures pursuant to Article 64 have been achieved; |
| 2. | If an administrative trial or administrative litigation is filed against an order issued to take corrective measures pursuant to Article 64 (4), when proceedings of such administrative trial are completed; |
| 3. | If a disposition is made to impose an administrative fine under Article 76 (4) and there is no objection to it, when the time period to raise an objection under paragraph (5) ends; |
| 4. | If there is an objection filed against disposition of an administrative fine under Article 76 (4), when the proceedings for the non-contentious case procedure are closed at the competent court. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 64-3 (Imposition, etc. of Penalty Surcharges) |
| (1) | The Korea Communications Commission may impose, on a provider of information and communications services or similar, an amount equivalent to 3/100 or less of its sales related to a violation as a penalty surcharge, where he/she performs any of the following acts: <Amended by Act No. 11322, Feb. 17, 2012; Act No. 12681, May 28, 2014; Act No. 14080, Mar. 22, 2016> |
| 1. | Where he/she collects personal information without consent of the relevant user in violation of Article 22 (1) (including cases where Article 22 (1) shall apply mutatis mutandis pursuant to Article 67); |
| 2. | Where he/she collects personal information that is likely to seriously undermine rights, interests, or privacy of a person without consent of the relevant user in violation of Article 23 (1) (including cases where Article 23 (1) shall apply mutatis mutandis pursuant to Article 67); |
| 3. | Where he/she uses personal information in violation of Article 24 (including cases where Article 24 shall apply mutatis mutandis pursuant to Article 67); |
| 4. | Where he/she furnishes a third party with personal information in violation of Article 24-2 (including cases where Article 24-2 shall apply mutatis mutandis pursuant to Article 67); |
| 5. | Where he/she entrusts a third party with the management of personal information without consent of the relevant user in violation of Article 25 (1) (including cases where Article 25 (1) shall apply mutatis mutandis pursuant to Article 67); |
| 5-2. | Where a trustee violates the provisions of Chapter IV because it has neglected its control, supervision or education under Article 25 (4) (including cases where Article 25 (4) shall apply mutatis mutandis pursuant to Article 67); |
| 6. | Where he/she has lost, stolen, divulged, forged, altered, or mutilated a user's personal information, and not taken measures under Article 28 (1) 2 through 5 (including cases where Article 28 (1) 2 through 5 shall apply mutatis mutandis pursuant to Article 67); |
| 7. | Where he/she collects personal information of a child under 14 years old without consent of his/her legal representative in violation of Article 31 (1) (including cases where Article 31 (1) shall apply mutatis mutandis pursuant to Article 67); |
| 8. | Where he/she provides any user’s personal information to overseas without obtaining consent from the user in violation of the main sentence of Article 63 (2). |
| (2) | Where a provider of information and communications services or similar on whom penalty surcharge under paragraph (1) has been imposed refuses to submit data for computation of its sales or submits any false data, the sales may be estimated on the basis of accounting records such as financial statements, and the current status of business, such as the number of subscribers and the service charges of other providers of information and communications services which is similar in size: Provided, That penalty surcharge not exceeding 400 million won may be imposed where there was no sales or it is impracticable to compute the sales and where there is a ground specified by Presidential Decree. <Amended by Act No. 11322, Feb. 17, 2012> |
| (3) | The Korea Communications Commission shall, when it intends to impose penalty surcharge under paragraph (1), take the following factors into consideration: |
| 1. | The substance and degree of the violation; |
| 2. | The duration and frequency of the violation; |
| 3. | The amount of profits acquired by the violation. |
| (4) | The penalty surcharge under paragraph (1) shall be computed by taking the factors under paragraph (3) into consideration, but the specific guidelines and procedures for the computation shall be prescribed by Presidential Decree. |
| (5) | The Korea Communications Commission shall, if a person who is obligated to pay penalty surcharges under paragraph (1) fails to pay them by a deadline, collect an additional charge equivalent to 6/100 of the unpaid penalty surcharge per annum beginning on the day immediately following the deadline. |
| (6) | The Korea Communications Commission shall, if a person who is obligated to pay penalty surcharges under paragraph (1) fails to pay them by a deadline, remind the person to pay them within a period of time prescribed by the Commission, and shall collect them in accordance with the precedents for disposition against default on national taxes, if the person fails to pay the penalty surcharges and the additional charges under paragraph (5) within the prescribed period of time. |
| (7) | Where penalty surcharges imposed pursuant to paragraph (1) shall be refunded due to a judgment of a court or any other reason, an additional amount equivalent to 6/100 of the penalty surcharge per annum shall be paid from the date the penalty surcharges are paid and until the date they are refunded. |
[This Article Newly Inserted by Act No. 9119, Jun. 13, 2008]
The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall hold a hearing in cases falling under any of the following subparagraphs:
| 1. | in the case of intending to revoke the designation of a certification body in accordance with Article 9 (2); |
| 2. | in the case of intending to revoke the designation of an identification service agency in accordance with Article 23-4 (1); |
| 3. | in the case of intending to revoke certification of an information security management system in accordance with Article 47 (10) (including cases where Article 47 (10) applies mutatis mutandis in accordance with Article 47-3 (3)); |
| 4. | in the case of intending to revoke the designation of a certification body for information security management system in accordance with Article 47-2 (1) (including cases where Article 47-2 (1) applies mutatis mutandis in accordance with Article 47-3 (4)); |
| 5. | in the case of intending to revoke any rate of information security management system in accordance with Article 47-5 (4); |
| 6. | in the case of intending to revoke the registration in accordance with Article 55 (1). |
[This Article Newly Inserted by Act No. 13520, Dec. 1, 2015]
| Article 65 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission may delegate or entrust part of his/her authority under this Act to the heads of agencies under the control of the Ministry of Science, ICT and Future Planning or the presidents of the regional Korea posts, as prescribed by Presidential Decree. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Science, ICT and Future Planning may entrust projects under Article 13 for facilitating the use of information and communications networks to the National Information Society Agency under Article 14 of the Framework Act on National Informatization, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Science, ICT and Future Planning or the Korea Communications Commission may entrust the Internet and Security Agency with business affairs related to demanding submission of data and conducting inspections pursuant to Article 64 (1) and (2), as prescribed by Presidential Decree. <Amended by Act No. 9637, Apr. 22, 2009; Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (4) | Article 64 (8) shall apply mutatis mutandis to employees of the Internet and Security Agency under paragraph (3). <Amended by Act No. 9637, Apr. 22, 2009> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 65-2 Deleted. <by Act No. 7812, Dec. 30, 2005> |
| Article 66 (Confidentiality. etc.) |
A person who engages or engaged in a job related to any of the following business affairs shall not divulge to another person any secret that he/she has learned while performing his/her duties, nor use it for any purpose other than performance of his/her duties: Provided, That the same shall not apply if any other Act specifically provides otherwise: <Amended by Act No. 11322, Feb. 17, 2012>
| 1. | Deleted; <by Act No. 10465, Mar. 29, 2011>; |
| 2. | Certification of information security management system under Article 47; |
| 2-2. | Affairs of the certification of personal information management system pursuant to Article 47-3; |
| 3. | Assessment of information protection systems under Article 52 (3) 4; |
| 4. | Deleted; <by Act No. 11322, Feb. 17, 2012> ; |
| 5. | Conciliation of disputes by the defamation dispute conciliation division under Article 44-10. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 67 (Application Mutatis Mutandis to Broadcasting Business Operator) |
| (1) | Chapter 4 shall apply mutatis mutandis to the cases where a person falling under subparagraph 3 (a) through (e) of Article 2, subparagraph 6, 9, 12 and 14 of the Broadcasting Act collects/uses or provides personal information of viewers. In this case, the term “provider of information and communications services” or “provider of information and communications services or similar” shall be construed as “person falling under subparagraph 3 (a) through (e) of Article 2, subparagraph 6, 9, 12 and 14 of the Broadcasting Act” and the term “users” shall be construed as “viewers”. |
| (2) | Articles 22, 23, 23-2 through 23-4, 24, 24-2, 26, 26-2, 27, 27-2, 27-3, 28, 28-2, 29, 30, 30-2 and 31 shall apply mutatis mutandis to the trustees under Article 25 (1). |
[This Article Newly Inserted by Act No. 11322, Feb. 17, 2012]
| Article 68 Deleted. <by Act No. 10165, Mar. 22, 2010> |
| Article 68-2 Deleted <by Act No. 13343, Jun. 22, 2015> |
| Article 69 (Legal Fiction as Public Official in Application of Penalty Provisions) |
Executives and employees of the National Information Society Agency and the Internet and Security Agency who engage in the business affairs entrusted by the Minister of Science, ICT and Future Planning or the Korea Communications Commission pursuant to Article 65 (2) or (3) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act. <Amended by Act No. 9637, Apr. 22, 2009; Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 69-2 (Accusation) |
| (1) | In cases where an act falling under any subparagraph of Article 64-3 (1) is deemed existing, the Korea Communications Commission may accuse the responsible provider of information and communications services or similar to the local prosecutor’s office or other investigative agencies. |
| (2) | The Korea Communications Commission may recommend a provider, etc. of information and communications services violating this Act with respect to the protection of personal information to take disciplinary action against the responsible person (including its representative and responsible executive officers). In this case, the person in receipt of such recommendation shall have regard thereto and notify the Korea Communications Commission of the result thereof. <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
[This Article Newly Inserted by Act No. 11322, Feb. 17, 2012>
CHAPTER X PENALTY PROVISIONS
| Article 70 (Penalty Provisions) |
| (1) | A person who commits defamation of another person by disclosing a fact to the public through an information and communications network purposely to disparage his/her reputation shall be punished by imprisonment with labor for up to three years, or by fine not exceeding 30 million won. <Amended by Act No. 12681, May 28, 2014> |
| (2) | A person who commits defamation of another person by disclosing a false fact to the public through an information and communications network purposely to disparage his/her reputation shall be punished by imprisonment with labor for up to seven years, by suspension of qualification for up to ten years, or by fine not exceeding 50 million won. |
| (3) | The public prosection may not prosecute a person who committed a crime under paragraph (1) or (2) against the victim's will explicitly manifested. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 70-2 (Penalty Provisions) |
A person who conveys or spread a malicious program in violation of Article 48 (2) shall be punished by imprisonment with labor of up to seven years or by fine not exceeding 70 million won. [This Article Newly Inserted by Act No. 14080, Mar. 22, 2016]
| Article 71 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to five years or by fine not exceeding 50 million won: <Amended by Act No. 14080, Mar. 22, 2016>
| 1. | A person who collects personal information without consent of the relevant user in violation of Article 22 (1) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 2. | A person who collects personal information that is likely to seriously undermine rights, interests, or privacy of an individual without consent of the relevant user in violation of Article 23 (1) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 3. | A person who uses or furnishes a third party with personal information, or who knowingly received such personal information for profit or for any other wrongful purpose, in violation of Article 24, 24-2 (1) or (2), or 26 (3) (including cases to which any of the aforesaid provisions shall apply mutatis mutandis pursuant to Article 67); |
| 4. | A person who entrusts someone with management of personal information without consent of the relevant user in violation of Article 25 (1) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 5. | A person who mutilates, infringes, or divulges personal information in violation of Article 28-2 (1) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 6. | A person who knowingly receives any divulged personal information for profit or for any other wrongful purpose in violation of Article 28-2 (2); |
| 7. | A person who furnishes someone with personal information or uses thereof without taking necessary measures in violation of Article 30 (5) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Articles 30 (7), 31 (3), or 67); |
| 8. | A person who collects personal information of a child under 14 years old without consent of his/her legal representative in violation of Article 31 (1) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 9. | A person who intrudes on an information and communications network in violation of Article 48 (1); |
| 10. | A person who causes a trouble to an information and communications network in violation of Article 48 (3); |
| 11. | A person who mutilates another person's information or who infringes, misappropriates, or divulges another person's secret in violation of Article 49. |
| (2) | An attempt to commit a crime referred to in paragraph (1) 9 shall be punished. <Newly Inserted by Act No. 14080, Mar. 22, 2016> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 72 (Penalty Provisions) |
| (1) | A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: <Amended by Act No. 12014, Jan. 20, 2015; Act No .13343 Jun. 22, 2015> |
| 1. | Deleted; <by Act No. 14080, Mar. 22, 2016> |
| 2. | A person who collects another person's personal information in violation of Article 49-2 (1); |
| 3. | A person who carries on a business without the registration under Article 53 (1); |
| 4. | A person who lends a loan to someone or intermediates such loan by committing any of the following acts: |
| (a) | Conducting, or engaging someone to conduct vicariously, a transaction through telecommunications billing services by pretending sale or supply of goods or services or billing more than an actual selling price; |
| (b) | Engaging a user of telecommunications billing services to purchase or use certain goods or services through telecommunications billing services and then purchasing, at a discount, the goods or services purchased or used by the user of telecommunications billing services; |
| 5. | A person who divulges to another person any secret known to him/her while performing his/her duties or uses such secret for any purpose other than his/her duties in violation of Article 66. |
| (2) | Deleted. <by Act No. 14080, Mar. 22, 2016> |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 73 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 12681, May 28, 2014; Act No. 14080, Mar. 22, 2016>
| 1. | A person who has a user's personal information lost, stolen, leaked, forged, altered, or damaged because he/she has not taken technical and administrative measures under any provision of Article 28 (1) 2 through 5 (including cases where the aforesaid provision is applied mutatis mutandis pursuant to Article 67); |
| 1-2. | A person who fails to destroy personal information, in violation of Article 29 (1) (including cases where the aforesaid provision is applied mutatis mutandis pursuant to Article 67); |
| 2. | A person who provides an unwholesome medium for juveniles for profit without labeling it as an unwholesome medium in violation of Article 42; |
| 3. | A person who transmits to a juvenile any information containing advertisement of an unwholesome medium for juveniles or displays such information openly without taking any measures to restrict access by juveniles in violation of Article 42-2; |
| 4. | A person who uses a user's information for any purpose other than filing a civil or criminal lawsuit in violation of Article 44-6 (3); |
| 5. | A person who fails to perform an order of the Korea Communications Commission under Article 44-7 (2) or (3); |
| 6. | A person who fails to preserve relevant data in violation of an order issued pursuant to Article 48-4 (3); |
| 7. | A person who entices another person to furnish him/her with personal information in violation of Article 49-2 (1); |
| 8. | A person who fails to perform an order issued pursuant to Article 61. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 74 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won: <Amended by Act No. 11322, Feb. 17, 2012; Act No. 12681, May 28, 2014> |
| 1. | A person who puts any similar label on a product or sells a product bearing any similar label, or who displays such product with intent to sell it, in violation of Article 8 (4); |
| 2. | A person who distributes, sells, lends, or openly displays any obscene codes, letters, sound, images, or motion pictures in violation of Article 44-7 (1) 1; |
| 3. | A person who makes any codes, letters, sound, images, or motion pictures arousing fear or apprehension reach another person repeatedly in violation of Article 44-7 (1) 3; |
| 4. | A person who takes measures, in violation of Article 50 (5); |
| 5. | Deleted. <by Act No. 12681, May 28, 2014> |
| 6. | A person who transmits any advertising information, in violation of Article 50-8; |
| 7. | A person who fails to file for any revision to registration, or who fails to file a report on transfer, acquisition, merger, or inheritance of business, in violation of Article 53 (4). |
| (2) | The public prosecution may not prosecute a person who committed a crime under paragraph (1) 3 against the victim's will explicitly manifested. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
| Article 75 (Joint Penalty Provisions) |
If a representative of a corporation, or an agent, an employee, or other servant of the corporation commits a violation under Articles 71 through 73 or 74 (1) in connection with the business of the corporation or the individual, not only shall such violator be punished accordingly, but the corporation or the individual shall be punished by a fine under the relevant Article: Provided, That this shall not apply where the corporation or individual has not been negligent in giving the due attention and supervision concerning the relevant duties to prevent such violation. [This Article Amended by Act No. 10138, Mar. 17, 2010]
| Article 75-2 (Confiscation and Additional Collection) |
Money and goods, or other profits received by a person committing any offence referred to in Article 71 (1) 1 through 8, Article 72 (1) 2, and subparagraphs 1, 1-2 and 7 of Article 73 with respect to the relevant violation may be confiscated, and if impossible to confiscate such money and goods or other profits, the value thereof may be additionally collected. In this case, the penalty of confiscation or additional collection may be imposed in addition to any other penalty. [This Article Newly Inserted by Act No. 14080, Mar. 22, 2016]
| Article 76 (Administrative Fines) |
| (1) | Any of the following persons and a person who made a third party commit an act falling under subparagraphs 7 through 11, shall be punished by an administrative fine not exceeding 30 million won: <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11322, Feb. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12681, May 28, 2014; Act No. 13520, Dec. 1, 2015; Act No. 14080, Mar. 22, 2016> |
| 1. | A person who refuses to provide services, in violation of Article 22-2 (2), or Article 23 (3) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 67); |
| 1-2. | A person who fails to take measures necessary to protect users’information such as devising methods for users to give or revoke consent to access authority, in violation of Article 22-2 (3) (including where the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 2. | A person who collects or uses resident registration numbers in violation of Article 23-2 (1) or fails to take necessary measures in violation of Article 23-2 (2) (including cases where the aforesaid provision applies mutatis mutandis pursuant to Article 67); |
| 2-2. | A person who either fails, in obtaining consent to provision of personal information or entrustment of management thereof, to obtain it separately from consent to collection and use of personal information, or refuses to provide services on the ground that there exists no consent to such provision or entrustment, in violation of Article 24-2 (3) (including cases where Article 24-2 (3) shall apply mutatis mutandis in accordance with Article 67); |
| 2-3. | A person who fails to give notice or report to users, the Korea Communications Commission, and the Korea Internet Security Agency, in violation of Article 27-3 (1) (including where the aforesaid provision shall apply mutatis mutandis pursuant to Article 67), or gives notice or reports thereto after 24 hours have elapsed without just cause; |
| 2-4. | A person who fails to provide an explanation under Article 27-3 (3) or makes a false explanation; |
| 3. | A person who fails to take technical and administrative measures under Article 28 (1) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 67); |
| 4. | A person who fails to take measures, such as the destruction of personal information, in violation of Article 29 (2) (including cases where the aforesaid provision apply mutatis mutandis pursuant to Article 67); |
| 5. | A person who fails to take necessary measures, in violation of Article 30 (3), (4), or (6) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 30 (7), 31 (3), or 67); |
| 5-2. | A person who fails to notify details of personal information used, in violation of the main sentence of Article 30-2 (1) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 67); |
| 6. | Deleted. <by Act No. 12681, May 28, 2014> |
| 6-2. | A person who fails to report the designation of the chief information protection officer, in violation of Article 45-3 (1); |
| 6-3. | A person who fails to receive certification of an information security management system in violation of Article 47 (2); |
| 7. | A person who transmits any advertising information for profit, in violation of Article 50 (1) through (3); |
| 8. | A person who fails to state the matters required to be stated, or who states false information on such matters, when he/she transmitted any advertising information, in violation of Article 50 (4); |
| 9. | A person who makes an addressee bear the burden of any expense, in violation of Article 50 (6); |
| 9-2. | A person who fails to verify whether an addressee gives consent to receive advertising information, in violation of Article 50 (8); |
| 10. | A person who installs a program without consent of the relevant user, in violation of Article 50-5; |
| 11. | A person who posts any advertising information for profit on an Internet webpage, in violation of Article 50-7 (1) or (2); |
| 12. | A person who fails to observe an order issued by the Minister of Science, ICT and Future Planning or the Korea Communications Commission pursuant to Article 64 (4) in violation of this Act. |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding 20 million won: <Amended by Act No. 14080, Mar. 22, 2016> |
| 1. | A person who fails to disclose or notify the matters concerning the entrustment of management of personal information to users, in violation of Article 25 (2) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 1-2. | A person who re-entrusts a third party with the management of personal information without obtaining a consent from a provider, etc. of information and communications, in violation of Article 25 (7) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 2. | A person who fails to notify a user of transfer of personal information in violation of Article 26 (1) or (2) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 3. | A person who fails to designate a person responsible for protection of personal information, in violation of Article 27 (1) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 4. | A person who fails to disclose the policy on managing personal information, in violation of Article 27-2 (1) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 5. | A person who discloses all the matters referred to in each subparagraph of Article 63 (3) in violation of the proviso to Article 63 (2) or entrusts the management of, or deposits, user’s personal information, to overseas without informing the user. |
| (3) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: <Amended by Act No. 9637, Apr. 22, 2009; Act No. 10560, Apr. 5, 2011; Act No. 11322, Feb. 17, 2012; Act No. 12681, May 28, 2014; Act No. 13520, Dec. 1, 2015; Act No. 14080, Mar. 22, 2016> |
| 1. | and 2. Deleted; <by Act No. Act No.13343 Jun. 22, 2015> |
| 2-2. | A person who engages in the identification service without being designated as the identification service agency, in violation of Article 23-3 (1); |
| 2-3. | A person who fails to notify the suspension of identification service under Article 23-3 (2) or the discontinuation of identification service under Article 23-3 (3) to users or report the same to the Korea Communications Commission; |
| 2-4. | A person who continuously engages in identification service notwithstanding disposition for suspension of identification service and cancelation of the identification service agency under Article 23-4 (1); |
| 2-5. | A person who fails to entrust in writing the management of personal information in violation of Article 25 (6) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 67); |
| 3. | A person who fails to designate a person responsible for protection of juveniles in violation of Article 42-3 (1); |
| 4. | A person who fails to preserve information, in violation of Article 43; |
| 5. | A person who fails to be subscribed insurance, in violation of Article 46 (2); |
| 6. | Deleted; <by Act No. 13520, Dec. 1, 2015>; |
| 7. | A person who falsely advertises details of the certification he/she has obtained, in violation of Article 47 (9); |
| 8. | and 9. Deleted; <by Act No. 11322, Feb. 17, 2012> |
| 10. | A person who fails to give notice to users of software, in violation of Article 47-4 (3); |
| 11. | A person who fails to comply with an order issued pursuant to Article 48-2 (4) to take corrective measures; |
| 11-2. | A person who fails to report any intrusion, in violation of Article 48-3 (1); |
| 12. | A person who interferes with, refuses, or evades access to the place of business to conduct an inspection under Article 48-4 (4); |
| 12-2. | A person who fails to comply with an order issued by the Minister of Science, Information and Communications Technology (ICT) and Future Planning, or the Korea Communications Commission, in violation of Article 49-2 (4); |
| 12-3. | A person who fails to inform the results of handling the consent to receive, refusal to receive, or revocation of consent to receive, advertising information, in violation of Article 50 (7); |
| 12-4. | A person who fails to take necessary measures, in violation of Article 50-4 (4); |
| 13. | A person who uses the name of the Korea Internet and Security Agency, in violation of Article 52 (6); |
| 14. | A person who fails to file a report on cessation, discontinuance, or dissolution of business, in violation of Article 53 (4); |
| 15. | A person who fails to report a standard contract form, in violation of Article 56 (1); |
| 16. | A person who fails to take administrative or technical measures, in violation of Article 57 (2); |
| 17. | A person who fails to notify a user of telecommunications billing services of the date and time, etc. when the aforementioned services are used, in violation of Article 58 (1); |
| 18. | A person who fails to provide a user of telecommunications billing services with the method by which the user can verify the details of purchase or use, or who fails to comply with a request by a user of telecommunications billing services to provide such method, in violation of Article 58 (2); |
| 19. | A person who fails to withhold the payment of the price though a request for making a correction on a telecommunications bill which he/she has received from a user of telecommunications billing services is reasonable or to notify the user of telecommunications billing services of the results of the measures taken in response to a request of the user, in violation of Article 58 (3); |
| 20. | A person who fails to preserve records of telecommunications billing services, in violation of Article 58 (4); |
| 20-2. | A person who provides telecommunications billing services or increases the amount of the upper limits of use without obtaining consent from a user of telecommunications billing services, in violation of Article 58 (5); |
| 20-3. | A person who fails to give notice concerning amendment to the contractual terms and conditions of telecommunications billing services, in violation of Article 58 (6); |
| 21. | A person who fails to prepare the procedure for raising an objection by users of telecommunications billing services and redressing their infringed rights, or to stipulate such procedure when he/she enters into a contract for telecommunications billing services, in violation of Article 59 (2); |
| 22. | A person who fails to submit, or who falsely submitted, goods, documents, or any other material under Article 64 (1); |
| 23. | A person who fails to comply with a request for inspection or submission of data under Article 64 (2); |
| 24. | A person who refuses, interferes with, or evades the access and inspection under Article 64 (3). |
| (4) | The administrative fines prescribed in paragraphs (1) through (3) shall be imposed and collected by the Minister of Science, ICT and Future Planning or the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (5) | A person who is dissatisfied with disposition to impose a fine for negligence under paragraph (4) may file an objection with the Minister of Science, ICT and Future Planning or the Korea Communications Commission within 30 days from the date which he/she is notified of such disposition. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (6) | The Minister of Science, ICT, and Future Planning, or the Korea Communications Commission shall, upon receiving an objection filed in accordance with paragraph (5) by a person dissatisfied with the disposition for an administrative fine under paragraph (4), notify the competent court of the objection without delay, and the competent court shall, upon receiving such notice, put the case to trial on fines for negligence pursuant to the Non-Contentious Case Procedure Act. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (7) | Where neither objection is raised nor an administrative fine paid within a period prescribed in paragraph (5), the administrative fine shall be collected in the same manner as delinquent national taxes are collected. |
[This Article Wholly Amended by Act No. 9119, Jun. 13, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Article 2 (Transitional Measures following Change of Basis for Establishing Korea Information Security Center and of Its Name)
| (1) | The Korea Information Security Center established pursuant to Article 14-2 of the Framework Act on National Informatization at the time that this Act enters into force shall be deemed the Korea Information Security Agency established pursuant to Article 52 of this Act. |
| (2) | Any act performed by and any legal relations maintained by the Korea Information Security Center at the time when this Act enters into force shall be deemed performed and maintained by the Korea Information Security Agency. |
| (3) | The name of the Korea Information Security Center on the register book and other public registers at the time when this Act enters into force shall be deemed the name of the Korea Information Security Agency. |
Article 3 (Transitional Measures Following Change of Name of Korea Information and Communications Promotion Association)
| (1) | The Korea Information and Communications Promotion Association as at the time when this Act enters into force shall be deemed the Korea Association of Information and Telecommunication. |
| (2) | Any act performed and any legal relations maintained by the Korea Information and Communications Promotion Association at the time when this Act enters into force shall be deemed performed and maintained by the Association. |
| (3) | The name of the Korea Information and Communications Promotion Association on the register book and other public registers at the time that this Act enters into force shall be deemed the name of the Korea Association of Information and Telecommunication. |
Article 4 (Transitional Measures concerning Application of Penalty Provisions)
The application of the penal provisions to any act committed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 5 Omitted.
Article 6 (Relations to Other Statutes)
If other Acts and subordinate statutes cite the former Act on Promotion, etc. of Utilization of Information System or the provisions thereof at the time this Act enters into force and if there exist corresponding provisions thereto in this Act, this Act or the corresponding provisions in this Act shall be regarded as being cited.
ADDENDA <Act No. 6585, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2002.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6797, Dec. 18, 2002>
| (1) | (Enforcement Date) This Act shall enter into force after the lapse of one month from the date of its promulgation: Provided, That the amended provisions of Articles 50 (2) and (5), 56 (3) and (4), 60 and 67 (1) (limited to the provisions of subparagraphs 15-2 and 15-4) shall enter into force after the lapse of six months from the date of its promulgation. |
| (2) | (Transitional Measures concerning Application of Administrative Fine) The application of the administrative fine to the act of violation committed prior to the enforcement of this Act shall be governed by the previous provisions. |
ADDENDA <Act No. 7139, Jan. 29, 2004>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 28, 45 (4), 46-3, 47-2 (4) and 48-4 (6) shall enter into force on the date on which six months lapse from the date of promulgation of this Act. |
| (2) | (Transitional Measures concerning Application of Administrative Fines) The application of the administrative fine to the act of violation committed prior to the enforcement of this Act shall be governed by the previous provisions. |
ADDENDA <Act No. 7142, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 7262, Dec. 30, 2004>
This Act shall enter into force three 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.
ADDENDUM <Act No. 7812, Dec. 30, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 7917, Mar. 24, 2006>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Safety Check of Information Protection) Where a company specializing in information protection consulting under Article 17 of the Act on the Protection of Information and Communications Infrastructure has commenced the works of safety check of information protection before the enforcement of this Act, it may continue to perform the works of safety check of information protection pursuant to the previous provisions, notwithstanding the amended provisions of Article 46-3 (1). |
ADDENDUM <Act No. 8030, Oct. 4, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8031, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8289, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures for Prohibition on Illegal Communications)
The orders issued by the Minister of Information and Communication to reject, suspend or restrict handling of telecommunications services pursuant to Article 53 of the Telecommunications Business Act before this Act enters into force shall be deemed to have been issued pursuant to the amended provisions of Article 44-7 of this Act. Article 3 (Transitional Measures for Change in Authority for Establishment of Information and Communications Ethics Committee)
| (1) | The Information and Communications Ethics Committee established pursuant to Article 53-2 of the former Telecommunications Business Act as of the enforcement date of this Act shall be deemed the Information and Communications Ethics Committee established pursuant to the amended provisions of Article 44-8 of this Act. |
| (2) | The acts done by or against the Information and Communications Ethics Committee and other legal relationships with the Information and Communications Ethics Committee under the former provisions before this Act enters into force shall be deemed the acts done by or against the Information and Communications Ethics Committee and other legal relationships with the Information and Communications Ethics Committee under the amended provisions of Article 44-8 of this Act. |
Article 4 (Transitional Measures for Collection, Use, and Provision of Personal Information)
| (1) | Consent obtained from a user in relation to collection, use, provision, or similar of personal information in accordance with the former provisions of Article 22, 23, 24, or 54 as of the enforcement date of this Act shall be deemed consent obtained lawfully in accordance with the amended provisions of Article 22, 23, 24, 24-2, or 54. |
| (2) | Handling of personal information, which has been entrusted lawfully in accordance with the former provisions of Article 25 as of the enforcement date of this Act shall be deemed to have been entrusted with consent obtained lawfully in accordance with the amended provision of Article 25 (1). |
| (3) | An act performed by a person who succeeded rights and obligations of a provider of information and communications services or similar in accordance with the former provisions of Article 26 as of the enforcement of this Act to use or provide personal information shall be deemed to have been performed with consent obtained lawfully in accordance with the amended provision of Article 26 (3). |
Article 5 (Transitional Measures for Application of Penalty Provisions)
Acts committed before this Act enters into force shall be governed by the former penal provisions.
Article 6 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. 8778, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures for Registration of Providers of Telecommunications Billing Services)
| (1) | A person who renders telecommunications billing services at the time when this Act enters into force shall complete the registration with the Minister of Information and Communication in accordance with the amended provision of Article 53 (1) within three months from the date this Act enters into force. |
| (2) | A provider of telecommunications billing services who is registered in accordance with Article 28 (2) of the Electronic Financial Transaction Act at the time when this Act enters into force shall submit a written statement certifying the registration with the Minister of Information and Communication within three months from the date this Act enters into force. |
| (3) | A person who submits a written statement in accordance with paragraph (2) shall be deemed to have been registered in accordance with the amended provision of Article 53 (1). |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 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. 9119, Jun. 13, 2008>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures for Application of Penalty Provisions and Administrative Fines) An act committed before this Act enters into force shall be governed by the former penal provisions and the former provisions concerning administrative fines. |
ADDENDA <Act No. 9637, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Preparation for Establishment of Korea Internet and Security Agency)
| (1) | The Korea Communications Commission may perform preparatory activities to establish the Korea Internet and Security Agency by commissioning not less than five incorporators before this Act enters into force. |
| (2) | The incorporators shall prepare the articles of incorporation of the Korea Internet and Security Agency and obtain approval from the Korea Communications Commission. |
| (3) | The incorporators, upon obtaining approval under paragraph (2), shall register the incorporation of the Korea Internet and Security Agency by joint signature and turn over the administrative responsibility to the President of Korea Internet and Security Agency. |
| (4) | The incorporators shall be deemed decommissioned at the time the take-over of the administrative responsibility is complete pursuant to paragraph (3). |
Article 3 (Transitional Measures concerning Succession of Korea Information Security Agency, Korea Internet and Security Agency and Korea IT International Cooperation Agency)
| (1) | The administrative responsibilities of the Korea Information Security Agency under Article 52 of the Act on Promotion of Information and Communications Infrastructure (hereinafter referred to as the "Korea Information Security Agency"), the Korea Internet and Security Agency under Article 9 of the Internet Address Resources Act (hereinafter referred to as the "Korea Internet and Security Agency"), and the Korea IT International Cooperation Agency under Article 24-2 of the Framework Act on Informatization Promotion (hereinafter referred to as the "Korea IT International Cooperation Agency"), which are governed by the previous provisions at the time this Act enters into force, shall be comprehensively succeeded to the Korea Internet and Security Agency under this Act. |
| (2) | The previous rights, obligations, properties of the Korea Information Security Agency, the Korea Internet and Security Agency and the Korea IT International Cooperation Agency as at the time this Act enters into force shall be comprehensively succeeded to the Korea Internet and Security Agency under this Act. |
| (3) | The previous employment relationship covering the employees of the Korea Information Security Agency, the Korea Internet and Security Agency and the Korea IT International Cooperation Agency as at the time this Act enters into force shall be comprehensively succeeded to the Korea Internet and Security Agency under this Act. |
| (4) | The previous activities performed by or in relation to the Korea Information Security Agency, the Korea Internet and Security Agency and the Korea IT International Cooperation Agency as at the time this Act enters into force shall be deemed to have been performed by or in relation to the Korea Internet and Security Agency under this Act. |
| (5) | The titles of the Korea Information Security Agency, the Korea Internet and Security Agency and the Korea IT International Cooperation Agency indicated on the register as at the time this Act enters into force or other public books shall be deemed to be those of the Korea Internet and Security Agency under this Act. |
Article 4 Omitted.
Article 5 (Relations with Other Statutes)
ADDENDUM <Act No. 10138, Mar. 17, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10165, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 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. 10465, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10560, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (General Transitional Measures)
Previous acts of the identification service agency which developed and provided the previous identification affairs as at the time of enforcement of this Act shall be deemed to have been legitimately developed and provided if the agency obtains the designation of identification service agency pursuant to this Act.
Article 3 (Transitional Measures concerning Designation of Identification Service Agency)
A person who was conducting the identification service as at the time of enforcement of this Act shall be designated, within three months after enforcement date of this Act, as an identification service agency by the Korea Communications Commission pursuant to the amended provision of Article 23-3 (1).
ADDENDA <Act No. 11048, Sep. 15, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11322, Feb. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 45, 45-2, 45-3, 46-3, 47, 47-2, 47-3, 47-5, 52 (3) 7, 66 and 76 (3) 6 through 9 shall enter into force after the lapse of one year from the date of its promulgation. Article 2 (Transitional Measures concerning Restriction on Collection/Use of Resident Registration Number)
| (1) | A provider of information and communications services who provides methods of subscription for membership by using the subscriber’s resident registration number as at the time of enforcement of this Act shall destroy all the resident registration numbers possessed by the provider within two years after enforcement date of this Act: Provided, That this shall not apply in cases where falling under any of the subparagraphs under Article 23-2 (1). |
| (2) | In cases where a provider of information and communications services fails to destroy the resident registration numbers possessed by him/her within the period under paragraph (1), the amended provisions of Article 23-2 (1) shall be deemed violated. |
Articles 3 (Transitional Measures concerning Abolition of the Safety Inspection on Protection of Information)
A business operator who received a safety inspection on the protection of information pursuant to previous provisions as at the time of enforcement of this Act shall be deemed, during the concerning year in which he/she received the safety inspection on the protection of information, as the business operator who received the certification of an information security management system pursuant to the amended provisions of Article 47 (2). Articles 4 (Transitional Measures concerning Certification of Personal Information Management System)
A person who received the certification personal information management system from the Korea Internet and Security Agency as at the time of enforcement of this Act shall be deemed to have received the certification of personal information management system pursuant to the amended provisions of Article 47-3. Articles 5 (Transitional Measures concerning Administrative Fine)
Upon imposing administrative fine with respect to any violative acts committed before enforcement of this Act, the previous provisions shall apply thereto.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12681, May 28, 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 Articles 44 (3), 44-5 and 76 (1) 6 shall enter into force on the date of their promulgation. Article 2 (Transitional Measures concerning Penalty Surcharges and Penalty Provisions)
When penalty surcharges and penalty provisions apply to offenses committed before this Act enters into force, the former provisions shall apply thereto.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided That, among the Acts amended pursuant to Article 6 of Addenda, the amended parts of the Acts that were promulgated before this Act enters into force but their enforcement dates have yet to arrive shall enter into force on their respective dates of enforcement.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13014, Jan. 20, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13280, Mar. 27, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13343, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Act No. 13344, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Administrative Dispositions)
The amended provisions of Article 55 (1) shall apply even to administrative dispositions against violations committed before this Act enters intro force.
ADDENDA <Act No. 13520, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation:
Provided, That the amended provisions of Articles 29 (2) and (3) shall enter into force on the date of its promulgation. Article 2 (Applicability concerning Destruction, etc. of Personal Information)
The amended provisions of Article 29 (2) and (3) shall apply even to the personal information collected or provided before such amended provisions enter into force. Article 3 (Applicability concerning Omission of Examination of Certification for Information Security Management System)
The amended provisions of Article 47 (3) shall apply even to persons who have made an application for the certification for an information security management system, procedures for which are underway. Article 4 (Transitional Measures concerning Certification of Information Security Management System)
A person who has not received the certification for an information security management system shall receive the certification within six months after this Act enters into force, in accordance with the amended provisions of Article 47 (2). Article 5 (Transitional Measures concerning Administrative Fines)
When applying administrative fines to the violations committed before this Act enters into force, the previous provisions of this Act shall apply.
ADDENDA <Act No. 14080, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation:
Provided, That the amended provisions of Articles 22-2 and 76 (1) 1 and 1-2 shall enter into force one year after the date of its promulgation, the amended provisions of Article 32 (2) and (3) and 32-2 (3) shall enter into force on July 25, 2016, and the amended provision of Article 52 (4) shall enter into force on the date of its promulgation. Article 2 (Applicability concerning Compensation for Damage)
The amended provisions of Articles 32 (2) and (3), and 32-2 (3) shall apply beginning from the first claim for compensation for damage against any information lost, stolen, leaked, forged, altered or damaged after the said amended provisions enter into force. Article 3 (Transitional Measures concerning Informing Fact of Exposure to Act of Violation)
A provider of information and communications services shall, no later than six months after this Act enters into force, establish equipment, by means of which informing messages can be sent to users pursuant to the amended provisions of Article 49-2 (3). Article 4 (Transitional Measures concerning Penalty Provision)
The former provisions shall govern when applying penalty provisions to the act committed before this Act enters into force.
Article 5 Omitted.