FRAMEWORK ACT ON TELECOMMUNICATIONS
Wholly Amended by Act No. 4393, Aug. 10, 1991
Amended by Act No. 4528, Dec. 8, 1992
Act No. 4541, Mar. 6, 1993
Act No. 4905, Jan. 5, 1995
Act No. 5219, Dec. 30, 1996
Act No. 5386, Aug. 28, 1997
Act No. 5385, Aug. 28, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5733, Jan. 29, 1999
Act No. 6231, Jan. 28, 2000
Act No. 6360, Jan. 16, 2001
Act No. 6602, Jan. 14, 2002
Act No. 6656, Feb. 4, 2002
Act No. 6823, Dec. 26, 2002
Act No. 7188, Mar. 11, 2004
Act No. 7210, Mar. 22, 2004
Act No. 7303, Dec. 31, 2004
Act No. 7796, Dec. 29, 2005
Act No. 7810, Dec. 30, 2005
Act No. 8425, May 11, 2007
Act No. 8486, May 25, 2007
Act No. 8867, Feb. 29, 2008
Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9481, Mar. 13, 2009
Act No. 9701, May 21, 2009
Act No. 9708, May 22, 2009
Act No. 9780, jun. 9, 2009
Act No. 10139, Mar. 17, 2010
Act No. 10165, Mar. 22, 2010
Act No. 10166, Mar. 22, 2010
Act No. 10393, Jul. 23, 2010
Act No. 11690, Mar. 23, 2013
Act No. 13586, Dec. 22, 2015
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the enhancement of the public welfare by managing telecommunications efficiently and stimulating the development of telecommunications by providing basic matters on telecommunications.
The definitions of the terms as used in this Act shall be as follows:
| 1. | The term "telecommunications" means transmission or reception of code, words, sound or image through wired, wireless, optic, and other electro-magnetic processes; |
| 2. | The term "telecommunications facilities and equipment" means machinery, appliances, lines for telecommunications, and other facilities necessary for telecommunications; |
| 3. | The term "telecommunications line facilities and equipment" means the facilities and equipment which constitute communications channels between sending and receiving points for telecommunications among the telecommunications facilities and equipment, and the transmission and line facilities and equipment, with the exchange facilities installed as one body of the transmission and line facilities, and all facilities attached thereto; |
| 4. | The term "telecommunications business facilities and equipment" means the telecommunications facilities and equipment to be provided for telecommunications businesses; |
| 5. | The term "private telecommunications facilities and equipment" means the telecommunications facilities and equipment other than the telecommunications business facilities and equipment, installed by an individual to be used for his own telecommunications; |
| 6. | The term "telecommunications equipment" means apparatus, machinery, parts or line equipments, etc. used by the telecommunications facilities and equipment; |
| 7. | The term "telecommunications service" means services that mediate a third party's communication through the telecommunications facilities and equipment or to provide the telecommunications facilities and equipment for the third party's telecommunications; |
| 8. | The term "telecommunications business" means a business that provides telecommunications services. |
| Article 3 (Supervision of Telecommunications) |
The matters concerning telecommunications shall be governed by the Minister of Science and ICT, except the ones stipulated specifically by this Act or other Acts. <Amended by Act No. 5219, Dec. 30, 1996; Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 4 (Government Policies) |
The Minister of Science and ICT shall devise basic and comprehensive government policies concerning telecommunications to attain the purpose of this Act. <Amended by Act No. 5219, Dec. 30, 1996; Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 5 (Establishment of Basic Telecommunications Plans) |
| (1) | The Minister of Science and ICT shall establish and publicly notify basic telecommunications plans (hereinafter referred to as "basic plan") for smooth development of telecommunications and the promotion of the information society. <Amended by Act No. 5219, Dec. 30, 1996; Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The following matters shall be included in a basic plan under paragraph (1): |
| 1. | Matters concerning utilization efficiency of telecommunications; |
| 2. | Matters concerning maintenance of telecommunications order; |
| 3. | Matters concerning telecommunications business; |
| 4. | Matters concerning telecommunications facilities and equipment; |
| 5. | Matters concerning promotion of telecommunications technology (including technology about telecommunications construction; hereinafter the same shall apply); |
| 6. | Other basic matters concerning telecommunications. |
| (3) | The Minister of Science and ICT shall consult in advance with the heads of administrative agencies concerned, when establishing the basic plan for the matters of paragraph (2) 4 and 5 of this Article. <Amended by Act No. 5219, Dec. 30, 1996; Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 6 Deleted. <by Act No. 9701, May 21, 2009> |
| Article 7 (Classification of Telecommunications Business Operator) |
Telecommunications business operators shall be classified as key communications business operators, special communications business operators and value-added communications business operators pursuant to the Telecommunications Business Act. <Amended by Act No. 5385, Aug. 28, 1997> [This Article Wholly Amended by Act No. 4905, Jan. 5, 1995]
CHAPTER II Deleted. (Articles 8 through 15-2) Deleted.
CHAPTER III Deleted. (Articles 16 through 32) Deleted.
CHAPTER IV MANAGEMENT OF TELECOMMUNICATIONS EQUIPMENTS (Articles 33 through 36) Deleted.
CHAPTER V Deleted. (Articles 37 through 44-2) Deleted.
CHAPTER V-2 Deleted. (Articles 44-3 through 44-8) Deleted.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 45 <by Act No. 10165, Mar. 22, 2010> |
| Article 45-2 Deleted. <by Act No. 10393, Jul. 23, 2010> |
| Article 46 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Science and ICT under this Act may be delegated to the directors of regional communication offices, under the conditions as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Deleted. <by Act No. 10165, Mar. 22, 2010> |
CHAPTER VII PENAL PROVISIONS
| Article 47 (Penal Provisions) |
| (1) | Deleted. <by Act No. 13586, Dec. 22, 2015> |
| (2) | A person who has publicly made a false communication over the telecommunications facilities and equipment for the purpose of benefiting himself or the third party or inflicting damages on the third party shall be punished by imprisonment for not more than three years or by a fine not exceeding thirty million won. <Amended by Act No. 5219, Dec. 30, 1996> |
| (3) | In case where the false communication under paragraph (2) is of a telegraphic remittance, it shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won. <Amended by Act No. 5219, Dec. 30, 1996> |
| (4) | When a person engaged in the telecommunications business commits acts referred to in paragraph (3), he/she shall be punished by imprisonment with labor for up to ten years or a fine not exceeding 100 million won; and when he/she commits acts referred to in paragraph (2), he/she shall be punished by imprisonment with labor for up to five years or a fine not exceeding 50 million won: <Amended by Act No. 13586, Dec. 22, 2015> |
[Paragraph (1) of Article 47 was deleted by Act No. 13586, promulgated December 28, 2010 pursuant to the decision of unconstitutionality by the Constitutional Court made on December 22, 2015]
| Article 48 Deleted. <by Act No. 10393, Jul. 23, 2010> |
| Article 48-2 Deleted. <by Act No. 6360, Jan. 16, 2001> |
| Article 49 Deleted. <by Act No. 10393, Jul. 23, 2010> |
| Article 50 Deleted. <by Act No. 6231, Jan. 28, 2000> |
| Articles 51 through 53 Deleted. <by Act No. 10393, Jul. 23, 2010> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Article 2 (Transitional Measures on Confirmation of Technical Criteria Suitability)
The person who installed the telecommunications line facilities and equipment and ran the public telecommunications business, at the time of implementation of this Act, shall obtain confirmation from the Minister of Information and Communication as stipulated under Article 25 (2), on the telecommunications facilities and equipment already installed within one year from the effective date of this Act. Article 3 (Transitional Measures on Management Rules)
The person who installed the telecommunications line facilities and equipment and ran the public telecommunications business, at the time of implementation of this Act, shall make the management rules pursuant to Article 26 and report to the Minister of Information and Communication within one year from the time when this Act enters into force. Article 4 (Transitional Measures on Type Approval)
The telecommunications equipment that already obtained the type approval under Article 30 (1), at the time of implementation of this Act, shall be presumed to have obtained the type approval from the Minister of Information and Communication pursuant to Article 33 (1), and the valid period shall be presumed to have been renewed pursuant to Article 34 (1) at the time when this Act enters into force. Article 5 (Transitional Measures on Association)
| (1) | The incorporated juristic person, Korea Telecommunications Technology Association established pursuant to Article 32 of the Civil Act (hereinafter referred to as the "juristic person"), at the time when this Act enters into force, may apply for the approval from the Minister of Information and Communication in order that the Association to be established pursuant to Article 30 of this Act may succeed all rights and duties of the foundation, through resolutions of the board of directors thereof. |
| (2) | The juristic person which obtained the approval through application, pursuant to the above paragraph (1), shall be presumed to be dissolved in spite of the provisions concerning dissolution and liquidation of a juristic person in the Civil Act, simultaneously with establishment of the Association under this Act, and the Association to be established pursuant to this Act shall succeed all rights and duties that belonged to the foundation. |
Article 6 (Transitional Measures on Approval, etc.)
In case where there exist corresponding provisions in this Act, apart from Articles 2 and 4 of Addenda, to those approval, license, measures, orders, application, etc., pursuant to the former provisions, at the time when this Act enters into force, then these shall be presumed to have been made pursuant to this Act.
Article 7 Omitted.
ADDENDA <Act No. 4528, Dec. 8, 1992>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the day of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 4905, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the preparatory works for enforcement of Article 2 (1) of Addenda may be initiated even before the enforcement date of this Act.
Article 2 (Transitional Measures, etc. on Electronics and Telecommunications Research Institute)
| (1) | When the foundational juristic person, the Electronics and Telecommunications Research Institute established under an approval of the Minister of Information and Communication pursuant to Article 32 of the Civil Act at the time when this Act entered into force, obtains an approval from the Minister of Information and Communication on a succession of its status via the resolution of the board of directors, it shall be considered as the Electronics and Telecommunications Research Institute established under the amendment to Article 15-2 (hereinafter referred to as the "Research Institute"). |
| (2) | When the foundational juristic person, the Electronics and Telecommunications Research Institute obtains an approval under paragraph (1), it shall without delay file a registration of incorporation for the research institute. In this case, the foundational juristic person, the Electronics and Telecommunications Research Institute, shall be considered to have been dissolved. |
| (3) | In a case of paragraph (1), all properties, rights and duties of the foundational juristic person, the Electronics and Telecommunications Research Institute, shall be presumed to belong to the Research Institute, and the title of the foundational juristic person, the Electronics and Telecommunications Research Institute on the register and public books, etc. related to its property, rights and duties shall be considered as that of the Research Institute. |
| (4) | The value of property which is considered as that of the Research Institute under paragraph (3), shall be calculated according to a book value, based on the prior date of the registration of incorporation under paragraph (2). |
| (5) | In a case of paragraph (1), the activities done before the enforcement of this Act by the foundational juristic person, the Electronics and Telecommunications Research Institute, shall be presumed to have been done by the Research Institute under this Act, and the activities done before the enforcement of this Act against the foundational juristic person, the Electronics and Telecommunications Research Institute, shall be presumed to have been done against the Research Institute under this Act. |
| (6) | In a case of paragraph (1), the officers and employees of the foundational juristic person, the Electronics and Telecommunications Research Institute at the time when this Act enters into force, shall be presumed to have been elected or appointed to the positions of the Research Institute. In this case, the tenure of office for officers shall be reckoned from the date elected as an officer of the foundational juristic person, the Electronics and Telecommunications Research Institute. |
Article 3 (Transitional Measures on Supply Agreements of Telecommunications Facilities and Equipment)
The approval of supply agreements of the telecommunications facilities and equipment, obtained pursuant to former Article 18 at the time when this Act enters into force, shall be presumed as the report done pursuant to the amended provisions of Article 18. Article 4 (Transitional Measures on Valid Period of Type Approval)
The valid period of the telecommunications facilities and equipment, the type approval of which were obtained pursuant to Article 33, prior to enforcement of this Act, but the valid period thereof has not been expired, shall be regulated pursuant to the amended provisions of Article 34, In this case, the valid period shall be reckoned from the type approval date obtained.
ADDENDA <Act No. 5219, Dec. 30, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Transitional Measures on Electronics and Telecommunications Research Institute, etc.)
| (1) | The Electronics and Telecommunications Research Institute, under the previous provisions at the time when this Act enters into force, shall be deemed the research institute established pursuant to the amended provisions of Article 15-2. |
| (2) | The Korea Telecommunications Technology Association under the previous provisions at the time when this act enters into force shall be deemed the Association established pursuant to the amended provisions of Article 30. |
Article 3 (Transitional Measures on Installation of Private Telecommunications Facilities and Equipment)
The person who has obtained the permission of installation or permission of modified installation of the private telecommunications facilities and equipment, pursuant to the previous provisions at the time when this Act enters into force, shall be deemed to have made a report to the relevant authority pursuant to the amended provisions of Article 20 (1). Article 4 Omitted.
ADDENDA <Act No. 5385, Aug. 28, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 5386, Aug. 28, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5733, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 6231, Jan. 28, 2000>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penal Provisions) In the application of the penal provisions to any act committed prior to the enforcement of this Act, the previous provisions shall govern. |
ADDENDA <Act No. 6360, Jan. 16, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6602, Jan. 14, 2002>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2002. |
| (2) | (Transitional Measures concerning Penal Provisions) In the application of the penal provisions to any act committed prior to the enforcement of this Act, the previous provisions shall govern. |
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 6823, Dec. 26, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 7188, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date as prescribed by the Presidential Decree within the limit not exceeding three months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 7210, Mar. 22, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 7303, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force starting from July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7810, Dec. 30, 2005>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures) The research and development contribution imposed prior to the enforcement of this Act on the key communication business operator under the provisions of Articles 5 and 10 of the Telecommunications Business Act and the research and development contribution imposed on the special communication business operator under the provisions of Article 19 of the Telecommunications Business Act shall be governed by the previous provisions. |
ADDENDUM <Act No. 8425, May 11, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
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. 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. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9481, Mar. 13, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 9701, May 21, 2009>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 6 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9708, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9780, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 10139, Mar. 17, 2010>
This Act shall enter into force on 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. 10393, Jul. 23, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13586, Dec. 22, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 6 Omitted.