ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION
Act No. 7372, Jan. 27, 2005
Amended by Act No. 8002, Sep. 27, 2006
Act No. 8367, Apr. 11, 2007
Act No. 8486, May 25, 2007
Act No. 8775, Dec. 21, 2007
Act No. 8867, Feb. 29, 2008
Act No. 9481, Mar. 13, 2009
Act No. 9483, Mar. 13, 2009
Act No. 11423, May 14, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11717, Mar. 23, 2013
Act No. 12840, Oct. 15, 2014
Act No. 13203, Feb. 3, 2015
Act No. 13540, Dec. 1, 2015
Act No. 14224, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 14840, Jul. 26, 2017
Act No. 15608, Apr. 17, 2018
Act No. 16087, Dec. 24, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect privacy from the divulging, abuse and misuse of location information, provide a safe environment for using location information, and activate the use of location information, thus contributing to the improvement of people's standard of living and the promotion of public welfare.
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 10166, Mar. 22, 2010; Act No. 13203, Feb. 3, 2015>
| 1. | The term "location information" means information about a place where a portable object or an individual exists or has existed at a certain time, which is collected using telecommunications equipment facilities or telecommunications line equipment and facilities prescribed in subparagraph 2 or 3 of Article 2 of the Telecommunications Business Act; |
| 2. | The term "personal location information" means the location information regarding a particular person (including information readily combinable with other information to track the location of a particular person even though location information alone is not sufficient to identify the location of such person); |
| 3. | The term "subject of personal location information" means a person identified with personal location information; |
| 4. | The term "data verifying the collection of location information" means data regarding a person who has requested the collection of location information and the date, time, and methods of collection thereof (excluding location information); |
| 5. | The term "data verifying the use and provision of location information" means data regarding the person receiving location information, the channel of acquisition thereof, and the date, time, and methods of use and provision thereof (excluding location information); |
| 6. | The term "location information business" means engaging in the business of collecting location information and providing such information to location-based service providers; |
| 7. | The term "location-based service business" means engaging in the business of providing services based on location information (hereinafter referred to as "location-based services"); |
| 8. | The term "location information system" means a combination of computer hardware, software, database, and human resources organically interlinked through information and communications networks defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection to collect, store, analyze, use, and provide location information for location information business and location-based service business. |
| Article 3 (Seeking Measures to Protect and Use Location Information) |
In order to ensure the safe protection and sound use, etc. of location information, the Korea Communications Commission shall seek measures including the following, after consultation with the heads of relevant central administrative agencies: <Amended by Act No. 8867, Feb. 29, 2008; Act No. 16087, Dec. 24, 2018>
| 1. | The basic policy direction for protecting and using location information; |
| 2. | Matters concerning the protection of location information (including matters relating to protection of location information of a child under the age of 14 who may not have a clear understanding of the risks and consequences arising from the processing of location information, the rights of a subject of personal location information, and other relevant issues); |
| 3. | Matters concerning the use of location information for public purposes; |
| 4. | Matters concerning the development and standardization of technology related to location information business and location-based service business; |
| 5. | Matters concerning the enhancement of safety and reliability of location information business and location-based service business; |
| 6. | Matters concerning the improvement and evaluation of the quality of location information business and location-based service business; |
| 7. | Other matters necessary for the protection and use of location information. |
| Article 4 (Relationship with Other Statutes) |
Except as otherwise provided in other statutes, the collection, storage, protection, and use of location information shall be subject to such conditions as provided in this Act.
CHAPTER II PERMISSION FOR LOCATION INFORMATION BUSINESS
| Article 5 (Permission for Location Information Business Handling Personal Location Information) |
| (1) | Any person who intends to engage in location information business handling personal location information shall obtain permission from the Korea Communications Commission for his/her trade name, location of the main office, type and description of the relevant location information business, and major business facilities, including location information systems, as prescribed by Presidential Decree. <Amended by Act No. 8775, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 15608, Apr. 17, 2018> |
| (2) | Deleted. <by Act No. 9481, Mar. 13, 2009> |
| (3) | In order to grant permission under paragraph (1), the Korea Communications Commission shall comprehensively examine the following: <Amended by Act No. 8867, Feb. 29, 2008; Act No. 15608, Apr. 17, 2018> |
| 1. | Feasibility of a plan for location information business; |
| 2. | Plans to take technical and managerial measures relating to the protection of personal location information; |
| 3. | Propriety of the scale of facilities relating to location information business; |
| 4. | Financial and technical capabilities; |
| 5. | Other matters necessary for running the business. |
| (4) | When the Korea Communications Commission grants permission pursuant to paragraph (1), it may attach conditions necessary to conduct research and development to improve accuracy and reliability of location information, fair competition, or protection of personal location information. <Amended by Act No. 8867, Feb. 29, 2008> |
| (5) | Only corporations shall be eligible for permission under paragraph (1). <Amended by Act No. 15608, Apr. 17, 2018> |
| (6) | Matters concerning guidelines and procedures for obtaining permission prescribed in paragraph (1); and detailed examination standards for each item for examination under paragraph (3), shall be prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| (7) | When any person who has obtained permission for location information business in accordance with paragraph (1) (hereinafter referred to as "personal location information provider") intends to change a location information system (limited to where such change results in deteriorating the level of technology for protecting personal location information, subsequent to obtaining the permission) among permitted matters, he/she shall obtain permission to change such matter from the Korea Communications Commission as prescribed by Presidential Decree; and when he/she intends to change the trade name or the location of the main office, he/she shall report such change to the Korea Communications Commission. <Amended by Act No. 8775, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 15608, Apr. 17, 2018> |
| (8) | Upon receiving an application for permission under paragraph (1) or for permission to change a matter under paragraph (7), the Korea Communications Commission shall grant such permission or the permission to change such matter, except in any of the following cases: <Newly Inserted by Act No. 13203, Feb. 3, 2015> |
| 1. | Where the application fails to pass the examination under paragraph (3); |
| 2. | Where the applicant is not a corporation; |
| 3. | Where an executive officer of the applicant corporation falls under any subparagraph of Article 6 (1); |
| 4. | Where three years have not passed since the applicant corporation received a disposition to revoke permission or an order to discontinue business operations under Article 13 (1); |
| 5. | Where the application contravenes any restriction under this Act or any other statute. |
| Article 5-2 (Reporting on Location Information Business Not Handling Personal Location Information) |
Any person who intends to engage in location information business not handling personal location information, shall report the following matters to the Korea Communications Commission, as prescribed by Presidential Decree:
| 2. | Principal place of business; |
| 3. | Type and details of location information business; |
| 4. | Main business facilities, including a location information system. |
| (2) | Any person (if the person is a corporation, including its representative) for whom one year has not passed since the person was ordered to cease business operations under Article 13 (1) shall be prohibited from reporting another location information business under paragraph (1). |
| (3) | If a person who has reported his/her location information business pursuant to paragraph (1) (hereinafter referred to as "object location information provider") intends to change any of the following matters already reported, the person shall report such change to the Korea Communications Commission, as prescribed by Presidential Decree: |
| 2. | Principal place of business; |
| 3. | Location information system (limited to where such change results in deteriorating the level of technology for protecting personal location information, subsequent to filing a report). |
| (4) | Upon receiving a report under paragraph (1) or a report on a change in the matter specified in paragraph (3) 3, the Korea Communications Commission shall review and accept the report if it meets the requirements of this Act. |
| (5) | If a personal location information provider has submitted documents necessary for reporting his/her location information business not handling personal location information, as at the time of filing an application for permission under Article 5 (1), such provider shall be deemed to have filed a report under paragraph (1). |
[This Article Newly Inserted by Act No. 15608, Apr. 17, 2018]
| Article 6 (Grounds for Disqualification of Executive Officers or Employees) |
| (1) | None of the following persons shall be qualified to be an executive officer of either a personal location information provider or an object location information provider (hereinafter referred to as "location information provider"); and none of the following employees shall be designated as a person with authorized access under Article 16 (1) (hereafter in this Article referred to as a person with authorized access): <Amended by Act No. 12840, Oct. 15, 2014; Act No. 13203, Feb. 3, 2015; Act No. 13540, Dec. 1, 2015; Act No. 15608, Apr. 17, 2018> |
| 1. | A minor or a person under adult guardianship or under limited guardianship; |
| 2. | A person declared bankrupt but not yet reinstated; |
| 3. | A person for whom three years have not elapsed since his/her imprisonment without labor or heavier punishment declared by a court for violating this Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Framework Act on Telecommunications, the Telecommunications Business Act, or the Radio Waves Act, was completely executed (including where it is deemed to completely executed) or was remitted; |
| 6. | A person for whom three years have not elapsed since he/she received a disposition to revoke permission or an order to discontinue business operations under Article 13 (1); and in cases of a corporation, a person engaged in conduct giving rise to so revoking permission or an order to discontinue business operations, as well as its representative. |
| (2) | Where an executive officer falls or is found falling under any subparagraph of paragraph (1) as at the time he/she is appointed, he/she shall resign from office ipso facto; and where a person with authorized access falls or is found falling under any subparagraph of paragraph (1) as at the time he/she is designated, such designation shall be null and void. <Amended by Act No. 13540, Dec. 1, 2015> |
| (3) | Any conduct in which a resigned executive officer is involved before his/her resignation, or in which an employee whose designation as a person with authorized access is null and void is involved before the nullification under paragraph (2), shall remain in effect. <Amended by Act No. 13540, Dec. 1, 2015> |
| Article 7 (Acquisition of Location Information Business or Merger of Corporations) |
| (1) | Any person who intends to acquire all or part of the business of a personal location information provider, or to merge or split off an incorporated location information provider (including split-off and merger; hereinafter the same shall apply) shall obtain authorization from the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 15608, Apr. 17, 2018> |
| (2) | The Korea Communications Commission shall comprehensively examine the following matters before granting authorization under paragraph (1): <Newly Inserted by Act No. 13203, Feb. 3, 2015> |
| 1. | Adequacy of financial and technical capacities and capability to manage business; |
| 2. | Impact on protecting subjects of personal location information and location-based service providers; |
| 3. | Impact on public interests, including the efficiency in using personal location information for emergency rescue and in research and development for protecting personal location information. |
| (3) | Upon receiving an application for authorization under paragraph (1), the Korea Communications Commission shall grant authorization, except in any of the following cases: <Newly Inserted by Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018> |
| 1. | Where the application fails to pass an examination under paragraph (2); |
| 2. | Where the applicant is not a corporation; |
| 3. | Where an executive officer of the applicant corporation falls under any subparagraph of Article 6 (1); |
| 4. | Where three years have not passed since the applicant corporation’s permission was revoked or it was ordered to discontinue business operations under Article 13 (1); |
| 5. | Where the application contravenes any restriction under this Act or any other statute. |
| (4) | Where all or part of the business of an object location information provider is transferred or inherited; or where an incorporated object location information provider is merged or split off, the transferee or inheritor of the business or the corporation incorporated by the merger or split-off or the corporation surviving the merger or split-off shall report such acquisition, inheritance, merger or split-off to the Korea Communications Commission, as prescribed by Presidential Decree. <Newly Inserted by Act No. 15608, Apr. 17, 2018> |
| (5) | Upon receiving a report under paragraph (4), the Korea Communications Commission shall review and accept the report if it meets the requirements of this Act. <Newly Inserted by Act No. 15608, Apr. 17, 2018> |
| (6) | A transferee authorized under paragraph (1), a transferee or inheritor who filed a report under paragraph (4), a corporation incorporated by a merger or split-off, or a corporation surviving a merger or split-off shall succeed to the status of the transferor, the decedent, or the incorporated location information provider existing prior to the merger or split-off, respectively. <Amended by Act No. 15608, Apr. 17, 2018> |
| (7) | Matters concerning the methods, procedures, etc. for filing an application for authorization under paragraph (1); detailed guidelines for examining each item under paragraph (2); and the methods, procedures, etc. for filing a report under paragraph (4), shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13203, Feb. 3, 2010; Act No. 15608, Apr. 17, 2018> |
| Article 8 (Suspension or Discontinuation of Operations of Location Information Business) |
| (1) | If a location information provider intends to fully or partially suspend business operations, such provider shall determine the period of suspension of business operations; shall develop a plan to notify the subjects of personal location information of the suspension of business operations (only if the location information provider handles personal location information); and shall either obtain approval therefor from the Korea Communications Commission or report the plan to the Korea Communications Commission as follows. In such cases, the period of suspension of business operations shall not exceed one year: |
| 1. | Personal location information provider: Approval; |
| 2. | Object location information provider: Reporting. |
| (2) | If a location information provider intends to discontinue business operations fully or partially, such provider shall develop a plan to notify the subjects of personal location information of the discontinuation of business operations (only if the location information provider handles personal location information); and shall either obtain approval therefor from the Korea Communications Commission or report the plan to the Korea Communications Commission as follows: |
| 1. | Personal location information provider: Approval; |
| 2. | Object location information provider: Reporting. |
| (3) | A personal location information provider who has obtained approval under paragraph (1) 1 or (2) 1 shall notify the subjects of personal location information of the following matters, by not later than the scheduled date of suspension or discontinuation of business operations: |
| 1. | Approval to suspend business operations under paragraph (1) 1: The scope of the suspended location information business and the period of suspension of business operations; |
| 2. | Approval to discontinue business operations under paragraph (2) 1: The scope of the discontinued location information business and the date of discontinuation of business operations. |
| (4) | When a personal location information provider fully or partially suspends operations of his/her location information business with approval under paragraph (1) 1, or when a location information provider fully or partially discontinues operations of his/her location information business under paragraph (2), such provider shall destroy personal location information and data verifying the collection of location information as follows simultaneously with suspending or discontinuing business operations: |
| 1. | Approval to suspend business operations under paragraph (1) 1: Personal location information (limited to the personal location information, related to the suspended business operations if business operations are partially suspended); |
| 2. | Approval to discontinue business operations under paragraph (2) 1: Personal location information and data verifying the collection of location information (limited to the personal location information and the data verifying the collection of location information, related to the discontinued business operations if business operations are partially discontinued); |
| 3. | Reporting the discontinuation of business operations under paragraph (2) 2: Data verifying the collection of location information (limited to the data verifying the collection of location information related to the discontinued business operations if business operations are partially discontinued). |
| (5) | Upon receiving an application for approval of a plan to notify the subjects of personal location information on suspending or discontinuing business operations under paragraph (1) 1 or (2) 1, the Korea Communications Commission shall approve the plan, unless it is unreasonable. |
| (6) | Upon receiving a report under paragraph (1) 2 or (2) 2, the Korea Communications Commission shall review and accept the report, unless it is unreasonable. |
| (7) | Except as otherwise expressly provided in paragraphs (1) through (6), matters necessary for suspending and discontinuing location information business shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 15608, Apr. 17, 2018]
| Article 9 (Reporting on Location-Based Service Business) |
| (1) | Any person who intends to engage in location-based service business (excluding location-based service business not handling personal location information; hereafter the same shall apply in this Article and Articles 9-2, 10, and 11) shall report, to the Korea Communications Commission, the trade name; the principal place of business; the type of business; and main business facilities, including location information systems, etc., as prescribed by Presidential Decree. <Amended by Act No. 8775, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018> |
| (2) | Any person for whom one year has not passed since the person was ordered to discontinue business operations under Article 13 (1) (if the person is a corporation, including its representative) shall be prohibited from reporting another location-based service business under paragraph (1). <Amended by Act No. 15608, Apr. 17, 2018> |
| (3) | If a person who has reported a location-based service business under paragraph (1) intends to change any of the following, the person shall report the change to the Korea Communications Commission, as prescribed by Presidential Decree: <Amended by Act No. 15608, Apr. 17, 2018> |
| 2. | Principal place of business; |
| 3. | Location information system (limited to where such change results in deteriorating the level of technology for protecting personal location information, subsequent to reporting the business). |
| (4) | Where a location information provider has submitted the documents required for reporting his/her location-based service business under paragraph (1), when filing an application for permission under Article 5 (1), such provider shall be deemed to have completed the reporting on the location-based service business under paragraph (1) (in cases of micro enterprises, etc. referred to in the main sentence of Article 9-2 (1), referring to reporting under the proviso to the same paragraph). <Amended by Act No. 15608, Apr. 17, 2018> |
| (5) | Upon receiving a report under paragraph (1) or a report on a change in the matter specified in paragraph (3) 3, the Korea Communications Commission shall review and accept the report if it meets the requirements of this Act. <Newly Inserted by Act No. 15608, Apr. 17, 2018> |
| Article 9-2 (Reporting on Location-Based Service Business of Micro Enterprises) |
| 2. | Principal place of business; |
| 3. | Type and details of business. |
| (2) | Any person for whom one year has not passed since the person was ordered to discontinue business operations under Article 13 (1) (if the person is a corporation, including its representative) shall be prohibited from reporting another location-based service business under paragraph (1). |
| (3) | If a person who has filed a report under the proviso to paragraph (1) changes either of the following, the person shall report the change to the Korea Communications Commission within one month from the date of change, as prescribed by Presidential Decree: |
| 2. | Principal place of business. |
| (4) | If a person who has commenced location-based service business in accordance with the main sentence of paragraph (1) or a person who has filed a report in accordance with the proviso to the same paragraph ceases to be a micro enterprise or self-employed creative enterprise, such person shall file a report with the Korea Communications Commission to supplement matters necessary for reporting under Article 9 (1), within one month from the date the relevant event occurs, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15608, Apr. 17, 2018]
| Article 10 (Acquisition of Location-Based Service Business or Merger of Corporations) |
| (1) | If the business of a person who has reported location-based service business in accordance with Article 9 (1) or the proviso to Article 9-2 (1) is fully or partially transferred or inherited; or if a corporation that has reported location-based service business in accordance with Article 9 (1) or the proviso to Article 9-2 (1) is merged or split off, the transferee or inheritor of the business or the corporation incorporated during the merger or split-off or the corporation surviving the merger or split-off shall report such event to the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 15608, Apr. 17, 2018> |
| (2) | Upon receiving a report under paragraph (1), the Korea Communications Commission shall review and accept the report if it meets the requirements of this Act. <Newly Inserted by Act No. 15608, Apr. 17, 2018> |
| (3) | The transferee or inheritor who has filed a report in accordance with paragraph (1) or the corporation incorporated during a merger or split-off or the corporation surviving a merger or split-off shall succeed to the status of the transferor, the decedent, or the corporation existing prior to the merger or split-off, respectively. <Amended by Act No. 15608, Apr. 17, 2018> |
| Article 11 (Suspension or Discontinuation of Operations of Location-Based Service Business) |
| (1) | If a location-based service provider intends to fully or partially suspend business operations, he/she shall determine the period of suspension; shall notify subjects of personal location information thereof by not later than 30 days before the scheduled date of suspension; and shall report to the Korea Communications Commission thereon. In such cases, the period of suspension shall not exceed one year, and the location-based service provider shall destroy personal location information (limited to personal location information related to the suspended business operations if business operations are partially suspended), simultaneously with suspending the business operations. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018> |
| (2) | If a location-based service provider intends to fully or partially discontinue business operations, he/she shall notify the subjects of personal location information thereof by not later than 30 days before the date of discontinuation; and shall report to the Korea Communications Commission thereon. In such cases, personal location information and data verifying the use and provision of personal location information (limited to personal location information and data verifying the use and provision of location information related to the discontinued business operations if business operations are partially discontinued) shall be destroyed simultaneously with discontinuing the business operations. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 15608, Apr. 17, 2018> |
| (3) | Matters necessary for reporting the suspension or discontinuation of operations of location-based service business; and for destroying personal location information under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 15608, Apr. 17, 2018> |
| Article 12 (Disclosure of Terms and Conditions of User Agreement) |
| (1) | Either of the following persons shall disclose to the public, details of the services that the person intends to provide and fee rates, terms and conditions, etc. regarding collecting, using and providing location information (hereinafter referred to as "terms and conditions") by posting such terms and conditions on the person's website or by any of the methods prescribed by Presidential Decree so that subjects of personal location information and users of the location-based service business can easily access such terms and conditions at any time; shall disclose grounds for and details of any intended amendment to such terms and conditions by any of the methods prescribed by Presidential Decree, when the person intends to amend the terms and conditions; and shall take measures to ensure that the amended terms and conditions can be easily noticed: |
| 1. | A location information provider; |
| 2. | A person who has reported his/her location-based service business in accordance with Article 9 (1) or a person who engages in location-based service business in accordance with Article 9-2 (1) (hereinafter referred to as "location-based service provider"). |
| (2) | If the Korea Communications Commission deems that the terms and conditions of a person falling under either subparagraph of paragraph (1) are likely to compromise personal location information, fair competition, or public interest, it may order such person to revise such terms and conditions. |
[This Article Newly Inserted by Act No. 15608, Apr. 17, 2018]
| Article 13 (Revocation of Permission and Discontinuation or Suspension of Business Operations) |
| (1) | In any of the following cases, the Korea Communications Commission may revoke the permission or authorization granted to a location information provider or a location-based service provider (hereinafter referred to as "location information provider or location-based service provider"); or may order a location information provider or location-based service provider to discontinue business operations or fully or partially suspend business operations for a period of up to six months (hereinafter referred to as "suspension of business operations"): Provided, That the permission or authorization granted to a location information provider or location-based service provider shall be revoked, or a location information provider or location-based service provider shall be ordered to discontinue business operations, in the case of subparagraph 1: <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018> |
| 1. | Where a location information provider or location-based service provider has obtained permission, modified permission, or authorization under Article 5 (1) or (7) or 7 (1) by fraud or other improper means; or has filed a report under Article 5-2 (1) or 9 (1) or the proviso to Article 9-2 (1) by fraud or other improper means; |
| 2. | Where a location information provider or location-based service provider fails to resume business operations, without good cause, after the period of suspension under Article 8 (1) or 11 (1); |
| 3. | Where a location information provider or location-based service provider fails to continue business operations for at least six months without obtaining approval or filing a report in accordance with any of the following: |
| (b) | Reporting under Article 8 (1) 2 or (2) 2; |
| 4. | Where a material change occurs to the facilities related to the collection of location information or the technical and managerial measures related to the protection of location information, thus preventing continued services; |
| 5. | Where a location information provider or location-based service provider fails to take technical and managerial measures under Article 16 (1) or measures to preserve data verifying the collection of location information and data verifying the collection, use, and provision of location information under Article 16 (2) (hereinafter referred to as "data verifying the collection, use, and provision of location information"); |
| 6. | Where a location information provider or location-based service provider collects, uses, or provides location information without specifying his/her intention to collect, use, or provide location information in his/her terms and conditions or without obtaining consent thereto, in violation of Article 18 (1) or 19 (1); |
| 7. | Where a location information provider or location-based service provider collects, uses, or provides location information, beyond the scope of consent, in violation of Article 18 (2) or 19 (5); |
| 8. | Where a location information provider or location-based service provider uses or provides, to a third party, location information, beyond the scope specified in his/her terms and conditions or notified to the pertinent subject, in violation of Article 21. |
| (2) | Detailed criteria for administrative measures under paragraph (1) shall be prescribed by Presidential Decree, based upon the type and gravity of the relevant violation. |
| Article 14 (Imposition of Penalty Surcharges) |
| (1) | Where the suspension of business under Article 13 (1) is likely to substantially harm to the interests of subjects of personal location information, the Korea Communications Commission may impose a penalty surcharge not exceeding 3/100 of the sales of the relevant location information business or location-based service business in lieu of an order for business suspension. <Amended by Act No. 8867, Feb. 29, 2008> |
| (2) | Matters necessary for the criteria and procedures for the imposition of penalty surcharges, such as calculation of the sales referred to in paragraph (1), shall be prescribed by Presidential Decree. |
| (3) | Where a person obligated to pay a penalty surcharge under paragraph (1) fails to pay such surcharge by the due date, the Korea Communications Commission may collect an additional charge at the rate prescribed by Presidential Decree, from the date after such due date, within the extent not exceeding 8/100 per annum of the surcharge in arrears. <Amended by Act No. 8867, Feb. 29, 2008> |
| (4) | Where a person obligated to pay a penalty surcharge fails to pay such surcharge by the due date, the Korea Communications Commission shall urge him/her to pay the surcharge, setting the deadline; and where he/she fails to pay the surcharge and the additional charge under paragraph (3) by the deadline, it shall collect them in the same manner as delinquent national taxes are collected. <Amended by Act No. 8867, Feb. 29, 2008> |
CHAPTER III PROTECTION OF LOCATION INFORMATION
SECTION 1 General Provisions
| Article 15 (Prohibition on Collection of Location Information) |
| (1) | No one shall collect, use, or provide any location information without consent of the subject of relevant location information: Provided, That the foregoing shall not apply in any of the following cases: <Amended by Act No. 11423, May 14, 2012; Act No. 15608, Apr. 17, 2018> |
| 1. | Where an emergency rescue agency requests emergency rescue under Article 29 (1) or for the issuance of a warning under Article 29 (7); |
| 2. | Where a police agency makes a request under Article 29 (2); |
| 3. | Where otherwise provided in other statutes. |
| (2) | No one shall obtain personal location information about another person by deceiving a personal location information provider or a location-based service provider (hereinafter referred to as "personal location information provider or a location-based service provider"), by copying the person’s telecommunications device or misappropriating such information. <Amended by Act No. 15608, Apr. 17, 2018> |
| (3) | Any person who sells, lends, or transfers an object with a built-in device capable of collecting location information shall notify the person who purchases, borrows, or acquires such object of the fact that the object has such built-in device capable of collecting location information. <Amended by Act No. 15608, Apr. 17, 2018> |
| Article 16 (Measures for Protecting Location Information) |
| (1) | Each location information provider, etc. shall take managerial measures, such as establishing guidelines on processing and management of location information to prevent the divulging, alteration, impairment, etc. of location information or designating those with authorized access, and take technical measures, such as installing a firewall or using encryption software. In such cases, details of the managerial measures and technical measures shall be prescribed by Presidential Decree. |
| (2) | Each location information provider, etc. shall cause data verifying the collection, use, and provision of location information to be automatically recorded and preserved in a location information system. |
| (3) | In order to protect location information and prevent abuse and misuse of location information, the Korea Communications Commission may authorize affiliated public officials to examine details of the technical and managerial measures taken under paragraph (1), and the preservation status of records under paragraph (2), as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| (4) | Each public official who examines the details of the technical and managerial measures and the status of preservation of records under paragraph (3), shall carry a certificate indicating his/her authority and produce it to persons involved. <Amended by Act No. 13203, Feb. 3, 2015> |
| Article 17 (Prohibition on Divulging Location Information) |
No location information provider, etc. nor their current or former employees shall divulge, alter, impair, or disclose any location information acquired in the course of performing their duties.
| Article 17-2 (Notification of Processing of Location Information to Subjects of Personal Location Information) |
Where any location information provider, etc. notify matters regarding processing of location information to a subject of personal location information, such provider, etc. shall use an easy-to-understand form and clear and plain language.
[This Article Newly Inserted by Act No. 16087, Dec. 24, 2018]
SECTION 2 Protection of Personal Location Information
| Article 18 (Collection of Personal Location Information) |
| (1) | Where any location information provider intends to collect personal location information, such provider shall specify, in advance, the following in his/her terms and conditions; and shall obtain consent from the subjects of personal location information: <Amended by Act No. 15608, Apr. 17, 2018> |
| 1. | Trade name, address, phone number and other contact information of the location information provider; |
| 2. | Rights held by the subjects of personal location information and their legal representatives (limited to where consent is required from a legal representative under Article 25 (1)); and methods of exercising such rights; |
| 3. | Details of the services to be provided by the location information provider to a location-based service provider; |
| 4. | Grounds for and period of retaining data verifying the collection of location information; |
| 5. | Other matters prescribed by Presidential Decree as necessary for protecting personal location information. |
| (2) | A subject of personal location information may withdraw his/her consent for part of the scope of personal location information collected and the terms and conditions, when he/she has given consent under paragraph (1). |
| (3) | Where any location information provider collects personal location information, he/she shall collect such information to the minimum extent necessary for attaining the purpose of the collection. |
| Article 19 (Use or Provision of Personal Location Information) |
| (1) | Where any location-based service provider intends to provide services using personal location information, such provider shall specify, in advance, the following in his/her terms and conditions; and shall obtain consent from the subjects of personal location information: <Amended by Act No. 15608, Apr. 17, 2018> |
| 1. | Trade name, address, phone number and other contact information of the location-based service provider; |
| 2. | Rights held by the subjects of personal location information and their legal representatives (limited to where the consent of a legal representative is required under Article 25 (1)) and methods of exercising such rights; |
| 3. | Details of the location-based services to be provided by the location-based service provider; |
| 4. | Grounds and period for retaining data verifying the collection of location information; |
| 5. | Other matters prescribed by Presidential Decree as necessary for protecting personal location information. |
| (2) | Where any location-based service provider intends to provide personal location information to a third party designated by a subject of personal location information, such service provider shall specify details referred to in the subparagraphs of paragraph (1) in his/her terms and conditions; shall inform the subject of personal location information, of the designated recipient of the personal location information and the purpose of provision; and shall obtain his/her consent. |
| (3) | Where any location-based service provider provides personal location information to a third party designated by a subject of personal location information under paragraph (2), such service provider shall immediately notify, on each occasion, the subject of personal location information, of the designated recipient of such information; and of the date, time, and purpose of such provision. |
| (4) | Notwithstanding paragraph (3), a location-based service provider may give notice of the occasions altogether to a subject of personal location information at a maximum interval of 30 days in accordance with the guidelines prescribed by Presidential Decree for frequency, period, etc., if such service provider has obtained consent thereto from the subject, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13203, Feb. 3, 2015> |
| (5) | When a subject of personal location information gives consent under paragraph (1), (2), or (4), he/she may defer his/her consent as to the purposes of using and providing personal location information; the scope of the persons eligible to receive the information; some of the location-based services; and the methods of notifying the subject of personal location information. <Amended by Act No. 13203, Feb. 3, 2015> |
| Article 20 (Provision of Personal Location Information by Location Information Providers) |
| (1) | In order to attain the purposes of using or providing personal location information under Article 19 (1) or (2), any location-based service provider that has obtained consent from the subjects of personal location information pursuant to Article 19 (1) or (2) may request the location information provider that has collected the relevant personal location information to provide such information. In such cases, no location information provider shall refuse to provide such information without good cause. |
| (2) | Procedures for, and method of location information providers' providing personal location information to location-based service providers pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| Article 21 (Restriction on Use and Provision of Personal Location Information) |
Unless a location information provider, etc. have obtained consent from a subject of personal location information or except in the following cases, they shall neither use personal location information or data verifying the collection, use, or provision of location information beyond the scope specified in their terms and conditions or notified to the subject in accordance with Articles 18 (1) and 19 (1) and (2) nor provide such information to any third party: <Amended by Act No. 13203, Feb. 3, 2015> | 1. | Where data verifying the collection, use, and provision of location information are required to calculate fees related to the provision of location information and location-based services; |
| 2. | Where data is processed in such a way that any specific person cannot be identified, and provided for the purpose of statistics, academic research, or market research. |
| Article 22 (Notification of Transfer of Business) |
Any person who has succeeded to the rights and obligations of a location information provider, etc. as a result of the full or partial transfer, merger, inheritance, etc. of their business (hereinafter referred to as "transfer, etc."), shall notify the following to the subjects of personal location information within 30 days, as prescribed by Presidential Decree:
| 1. | Full or partial transfer, etc. of the business; |
| 2. | Name, address, phone number and other contact information of the person who has succeeded to the rights and obligations of the location information provider, etc.; |
| 3. | Other matters prescribed by Presidential Decree as necessary for the protection of personal location information protection. |
| Article 23 (Destruction of Personal Location Information) |
When any location information provider, etc. attain the purpose of collecting, using or providing personal location information, they shall immediately destroy personal location information other than data verifying the collection, use, and provision of location information that should be recorded and preserved in accordance with Article 16 (2).
SECTION 3 Rights Held by Subjects of Personal Location Information
| Article 24 (Rights Held by Subjects of Personal Location information) |
| (1) | Any subject of personal location information may, at any time, fully or partially withdraw consent given to a location information provider, etc. under Article 18 (1) or 19 (1), (2), or (4). <Amended by Act No. 13203, Feb. 3, 2015> |
| (2) | Any subject of personal location information may request, at any time, a location information provider, etc. to temporarily suspend collecting, using, or providing location information. In such cases, the location information provider, etc. shall not refuse such request and shall take technical measures accordingly. |
| (3) | Any subject of personal location information may request a location information provider, etc. to permit him/her to inspect any of the following data or records; or to give notice of any of the following data or records; and may request a location information provider, etc. to correct any error found in relevant data or records. In such cases, no location information provider, etc. shall refuse such request without good cause: <Amended by Act No. 13203, Feb. 3, 2015> |
| 1. | Data verifying the collection, use, and provision of personal location information which relates to the principal; |
| 2. | The ground on which his/her personal location information was provided to a third party pursuant to the provisions of this Act or other statutes, and the relevant details. |
| (4) | Where any subject of personal location information fully or partially withdraws consent pursuant to paragraph (1), the location information provider, etc. shall, without delay, destroy the personal location information collected so far, as well as the data verifying the collection, use, and provision of location information (limited to personal location information and data verifying the use and provision of location information for the part of which consent is withdrawn, if consent is partially withdrawn). <Amended by Act No. 15608, Apr. 17, 2018> |
| Article 25 (Rights Held by Legal Representatives) |
| (1) | Where any location information provider, etc. intend to collect, use, or provide personal location information from children under 14 years of age pursuant to Article 18 (1), 19 (1) or (2), or 21, they shall obtain the consent of their legal representatives and confirm whether such legal representatives give the consent as prescribed by Presidential Decree. <Amended by Act No. 16087, Dec. 24, 2018> |
| (2) | Articles 18 (2), 19 (5), and 24 shall apply mutatis mutandis where a legal representative gives consent under paragraph (1). In such cases, "subject of personal location information" shall be construed as "legal representative". <Amended by Act No. 13203, Feb. 3, 2015> |
| Article 26 (Use of Location Information for Protecting Children Eight Years or Younger) |
| (1) | Where the legal guardian of any of the following persons (hereinafter referred to as "child eight years or younger, etc.") gives consent to collecting, using, or providing personal location information regarding the child eight years or younger, etc., for the protection of the latter's health or safety, it shall be deemed that the child, etc. personally consent thereto: <Amended by Act No. 8367, Apr. 11, 2007; Act No. 12840, Oct. 15, 2014; Act No. 13203, Feb. 3, 2015> |
| 1. | A child eight years or younger; |
| 2. | A person under adult guardianship; |
| (2) | The legal guardian of a child eight years or younger, etc. referred to in paragraph (1), means any of the following persons who provides de facto protection for the child, etc.: <Amended by Act No. 8367, Apr. 11, 2007; Amended by Act No. 10517, Mar. 30, 2011; Act No. 12840, Oct. 15, 2014; Act No. 13203, Feb. 3, 2015; Act No. 14224, May 29, 2016; Act No. 15608, Apr. 17, 2018> |
| 2. | The legal representative of a person under adult guardianship; |
| (3) | Requirements for giving consent under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | Articles 18 through 22 and 24 shall apply mutatis mutandis where legal guardians give their consent pursuant to paragraph (2). In such cases, "subjects of personal location information" shall be construed as "legal guardians". |
| Article 27 (Compensation for Damage) |
Where a subject of personal location information suffers damage because a location information provider, etc. have violated Articles 15 through 26, he/she may claim damages against the location information provider, etc. In such cases, the location information provider, etc. shall not be exempt from liabilities unless they prove that there was no intention or negligence on their part.
| Article 28 (Mediation in Disputes) |
| (1) | Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the relevant location information provider, etc. may file a petition for adjudication with the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015> |
| (2) | Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the relevant location information provider, etc. or the user may file a petition for mediation with the Personal Information Dispute Mediation Committee established under Article 40 of the Personal Information Protection Act. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER IV USE OF PERSONAL LOCATION INFORMATION FOR EMERGENCY RESCUE
| Article 29 (Use of Personal Location Information for Emergency Rescue) |
| (1) | Where any subject of personal location information, his/her spouse or blood-relative within the second degree, or a guardian of a minor under Article 928 of the Civil Act (hereinafter referred to as "spouse, etc.") requests emergency rescue to protect health or safety from imminent danger, an emergency rescue agency referred to in subparagraph 7 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "emergency rescue agency") may determine whether it is an emergency; and may request a location information provider to provide personal location information. In such cases, no spouse, etc. shall request emergency rescue for any purpose other than emergency rescue. |
| (2) | The National Police Agency, regional police agencies, and police stations under Article 2 of the Police Act (hereinafter referred to as "police agency") may request a location information provider to provide any of the following personal location information: Provided, That if a police agency intends to obtain personal location information regarding a person who has requested rescue to protect another person's health or safety (hereinafter referred to as "witness") under subparagraph 1, it shall obtain consent from such witness: |
| 1. | Where rescue has been requested for protecting any person, including the witness or person requiring rescue from imminent health- or life-threatening danger (hereinafter referred to as "rescuee"), personal location information regarding the witness; |
| 2. | Where a rescuee has requested rescue from any third person, the personal location information regarding such rescuee; |
| 3. | Where a custodian defined in subparagraph 3 of Article 2 of the Act on the Protection and Support of Missing Children (hereinafter referred to as "custodian") has requested emergency rescue of a missing child, etc. defined in subparagraph 2 of Article 2 of the same Act (hereinafter referred to as "missing child, etc.") for protecting the latter's health or safety, the personal location of such missing child, etc. |
| (3) | Where any third person has requested rescue from a police agency pursuant to paragraph (2) 2, the police agency shall confirm the intention of the rescuee. |
| (4) | Requests for emergency rescue under paragraphs (1) and (2) shall be made only by calling special phone numbers prescribed by Presidential Decree and assigned for the sake of maintaining public order and promoting public interest. <Amended by Act No. 15608, Apr. 17, 2018> |
| (5) | Any location information provider in receiving a request under paragraph (1) or (2) may collect personal location information without the consent of the relevant subject of personal location information; and shall not refuse such request by an emergency rescue agency or a police agency on the ground that consent is withheld by the subject of personal location information. |
| (6) | Where any emergency rescue agency, location information provider, or police agency requests or provides personal location information pursuant to paragraph (1) or (2), it shall immediately notify the relevant subject of personal location information, of such fact: Provided, That where such immediate notification appears likely to threaten the health or safety of the subject of personal location information, the notification shall be made without delay after the relevant grounds have ceased. |
| (7) | In order to warn subjects of personal location information located in disaster areas or potential disaster areas, such as typhoon, heavy rain, fire and chemical, biological, and radiological (CBR) accidents, of the dangers to their lives or bodies, any emergency rescue agency may request a location information provider to issue a warning, as prescribed by Presidential Decree; and no location information provider so requested shall refuse such request to issue a warning on the ground that consent is withheld by the subjects of personal location information in the disaster areas. <Amended by Act No. 8867, Feb. 29, 2008> |
| (8) | No emergency rescue agency or police agency, nor any current or former emergency rescue worker, shall use personal location information provided for emergency rescue, for any purpose other than for emergency rescue. |
| (9) | Where a police agency has requested to provide personal location information under paragraph (2), it shall keep the following matters, as prescribed by Presidential Decree, and where a subject of personal location information requests the police agency to confirm, inspect or copy the collected personal location information, it shall comply with such request without delay: <Amended by Act No. 15608, Apr. 17, 2018> |
| 1. | Person who made the request; |
| 2. | Date, time, and purpose of the request; |
| 3. | Details of information provided by the location information provider; |
| 4. | Consent to collecting personal location information (limited to the cases falling under the proviso to paragraph (2)). |
| (10) | Matters necessary for requests for emergency rescue under paragraphs (1) and (2); confirmation of an intention under paragraph (3); and the method of, and procedures for, the issuing of warnings under paragraph (7), shall be prescribed by Presidential Decree. |
| (11) | No emergency rescue agency or police agency shall inform any third party of the personal location information provided under paragraph (1) or (2): Provided, That the foregoing shall not apply to the following cases: <Newly Inserted by Act No. 13203, Feb. 3, 2015> |
| 1. | Where the subject of personal location information has consented thereto; |
| 2. | Where the personal location information is provided to another emergency rescue agency or another police agency where emergency rescue activities are inevitable. |
[This Article is Wholly Amended by Act No. 11423, May 14, 2012]
| Article 30 (Requests for Personal Location Information, and Method Thereof) |
| (1) | Where any emergency rescue agency or police agency requests a location information provider to provide personal location information pursuant to Article 29 (1) and (2), it shall do so using a location information system; and where any location information provider receives a request from an emergency rescue agency or a police agency to provide personal location information, it shall do so using a location information system. <Amended by Act No. 11423, May 14, 2012> |
| (2) | Emergency rescue agencies and police agencies shall report data about the requests for, and providing, personal location information under paragraph (1) and Article 29 (11), to the Public Administration and Security Committee of the National Assembly semi-annually; while location information providers shall report such data to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly semi-annually: Provided, That data about the requests for, and the provision of, such information under paragraph (1) shall be reported separately from data about requests for, and providing, such information under Article 29 (11). <Newly Inserted by Act No. 11423, May 14, 2012; Act No. 11717, Mar. 23, 2013; Act No. 13203, Feb. 3, 2015; Act No. 14840, Jul. 26, 2017> |
| (3) | Matters necessary for requests by emergency rescue agencies and police agencies under paragraph (1) and for reporting under paragraph (2), shall be prescribed by Presidential Decree. <Amended by Act No. 11423, May 14, 2012> |
| Article 30-2 (Use of Computerized Information about Registration of Family Relationships) |
Upon receiving a request for emergency rescue under Article 29 (1), an emergency rescue agency may request the Minister of the National Court Administration to provide it with computerized data about registration under Article 11 (6) of the Act on the Registration, etc. of Family Relationships, so as to verify the relationship between the person requesting emergency rescue and the subject of personal location information. [This Article Newly Inserted by Act No. 13203, Feb. 3, 2015]
| Article 31 (Reduction of, and Exemption from, Costs) |
Where any location information provider issues a warning pursuant to Article 29 (7) or provides personal location information to an emergency rescue agency or a police agency pursuant to Article 30 (1), costs incurred therein may be reduced or exempt. <Amended by Act No. 11423, May 14, 2012>
| Article 32 (Submission of Statistical Data) |
| (1) | Each location information provider shall submit statistical data regarding the issuance of warnings under Article 29 (7) and providing personal location information under Article 30 (1) to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly and the Korea Communications Commission respectively semi-annually. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11423, May 14, 2012; Act No. 15608, Apr. 17, 2018> |
| (2) | Such matters as methods for submitting statistical data under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15608, Apr. 17, 2018> |
CHAPTER V CREATION OF INFRASTRUCTURE FOR USE OF LOCATION INFORMATION
| Article 33 (Promotion of Technological Development) |
| (1) | In order to efficiently promote the development of technologies and devices related to collecting, using, or providing location information, the Minister of Science and ICT or the Korea Communications Commission may authorize relevant research institutes prescribed by Presidential Decree to perform projects for research and development, technical cooperation, technology transfer, technical guidance, etc. (hereafter in this Article, referred to as "research and development, etc."). In such cases, the Minister of Science and ICT or the Korea Communications Commission shall consult with the heads of related central administrative agencies thereon. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT or the Korea Communications Commission may fully or partially subsidize research institutes for expenses they incur in performing research and development, etc. projects pursuant to paragraph (1). <Amended by Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 34 (Promotion of Standardization) |
| (1) | The Minister of Science and ICT and the Korea Communications Commission may establish standards for collecting, using, or providing location information for the protection and use thereof and publicly announce them, in consultation with the heads of related central administrative agencies: Provided, That the Korean Industrial Standards under Article 12 of the Industrial Standardization Act shall apply to the matters for which relevant Korean Industrial Standards are established. <Amended by Act No. 8486, May 25, 2007; Act No. 8867, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017 |
| (2) | The Minister of Science and ICT and Future Planning and the Korea Communications Commission may recommend a location information provider, etc. or a manufacturer or supplier of products related to location information to comply with the standards under paragraph (1). <Amended by Act No. 8867, Feb. 29, 2008; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters to be standardized under paragraph (1) shall be as follows: <Amended by Act No. 9483, Mar. 13, 2009> |
| 1. | Technologies related to protecting and certifying location information; |
| 2. | Technologies related to collecting, storing, managing, and providing location information; |
| 3. | Technologies related to emergency rescue and other public services; |
| 4. | Other base technologies related to protecting and using location information. |
| (4) | Matters necessary for the method, and procedures for standardization under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9483, Mar. 13, 2009> |
| (5) | The Minister of Science and ICT and the Korea Communications Commission may render assistance in activities for the standardization of collecting, using, and providing location information. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 9483, Mar. 13, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 35 (Promotion of Use of Location Information) |
| (1) | The Korea Communications Commission, following consultation with the heads of related central administrative agencies, may implement projects for the efficient utilization and promotion of related technologies and application services in various fields, such as the public sector, industry, living, and welfare, for the purpose of protecting and using location information, as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008> |
| (2) | The Korea Communications Commission may provide persons participating in any of the projects under paragraph (1) with technical and financial assistance as necessary. <Amended by Act No. 8867, Feb. 29, 2008> |
CHAPTER V-2 SUPPLEMENTARY PROVISIONS
| Article 36 (Requests for Submission of Materials and Inspections) |
| (1) | In any of the following cases, the Korea Communications Commission may request a location information provider, etc. to submit necessary materials, including relevant articles and documents: |
| 1. | Where the Korea Communications Commission discovers a violation of this Act or is informed of a suspected violation of this Act; |
| 2. | Where the Korea Communications Commission receives a report or complaint about a violation of this Act; |
| 3. | Where it is necessary to protect location information on any other ground prescribed by Presidential Decree. |
| (2) | If a location information provider, etc. fail to submit the materials under paragraph (1) or are found to have violated this Act, the Korea Communications Commission may authorize its public officials to enter the place of business of the location information provider, etc. and inspect the status of operation of business, relevant articles and documents, facilities, equipment, etc. In such cases, Article 16 (4) shall apply mutatis mutandis. |
[This Article Wholly Amended by Act No. 13203, Feb. 3, 2015]
Where the Korea Communications Commission intends to revoke permission or authorization or order to discontinue business operations in accordance with Article 13, it shall hold a hearing. <Amended by Act No. 8867, Feb. 29, 2008>
| Article 38 (Delegation or Entrustment of Authority) |
| (1) | Part of the authority of the Korea Communications Commission vested under this Act, may be delegated to the heads of its affiliated agencies, as prescribed by Presidential Decree. |
| (2) | Some of the following affairs assigned to the Korea Communications Commission under this Act, may be entrusted to the Korea Internet and Security Agency established under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection or the Telecommunications Technology Association founded under Article 34 of the Framework Act on Broadcasting Communications Development, as prescribed by Presidential Decree: |
| 1. | Inspection, conducted pursuant to Article 16 (3), of technical and managerial measures and the preservation status of records thereof (limited to affairs related to technical support); |
| 3. | Requesting the submission of materials and conducting inspections under Article 36 (1) and (2) (limited to affairs related to technical support). |
[This Article Wholly Amended by Act No. 13203, Feb. 3, 2015]
| Article 38-2 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
The executive officers and employees of the Korea Internet and Security Agency or the Telecommunications Technology Association engaging in the affairs entrusted by the Korea Communications Commission pursuant to Article 38 (2), shall be deemed as public officials in applying penalty provisions under Articles 129 through 132 of the Criminal Act to them. [This Article Newly Inserted by Act No. 13203, Feb. 3, 2015]
| Article 38-3 (Provisions Applicable Mutatis Mutandis) |
Articles 16 (1) and (3), 17, 28 (1), 34, 35, and 36 shall apply mutatis mutandis to persons who engage in location-based service business not handling personal location information. [This Article Newly Inserted by Act No. 13203, Feb. 3, 2015]
CHAPTER VI PENALTY PROVISIONS
| Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years; or by a fine not exceeding 50 million won: <Amended by Act No. 11423, May 14, 2012; Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018>
| 1. | Any person who engages in location information business without obtaining permission, in violation of Article 5 (1); or who obtains permission by fraud or other improper means; |
| 2. | Any person who divulges, alters, impairs, or discloses personal location information, in violation of Article 17; |
| 3. | Any person who collects, uses, or provides personal location information to another person, without consent thereto from the subject of the personal location information; or beyond the scope of consent, in violation of Article 18 (1) or (2) or 19 (1), (2), or (5); or who receives personal location information for profit or for any unlawful purpose, although he/she is aware of such circumstance; |
| 4. | Any person who uses or provides to a third party, personal location information beyond the scope specified in the terms and conditions or notified to the relevant subjects, in violation of Article 21; |
| 5. | Any person who uses personal location information for any purpose other than emergency rescue, in violation of Article 29 (8); |
| 6. | Any person who provides or receives personal location information, without consent thereto from the subject of the personal location information; or for any purpose other than emergency rescue, in violation of Article 29 (11). |
| Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 8775, Dec. 21, 2007; Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018>
| 1. | Any person who engages in location information business without obtaining permission to make a change; or who obtains permission to make a change by fraud or other improper means, in violation of Article 5 (7); |
| 1-2. | Any person who engages in location information business not handling personal location information, without reporting in violation of Article 5-2 (1); or who reports such business by fraud or other improper means; |
| 2. | Any person who engages in location-based service business, without reporting in violation of Article 9 (1), the proviso to Article 9-2 (1) or Article 9-2 (4); or who reports by fraud or other improper means; |
| 3. | Any person who violates an order issued to discontinue business operations under Article 13 (1); |
| 4. | Any person who collects, uses, or provides personal location information regarding an individual without the individual’s consent, in violation of Article 15 (1); |
| 5. | Any person who obtains personal location information regarding another person by deceiving a personal location information provider or location-based service provider by copying the person’s telecommunications device or misappropriating such information, in violation of Article 15 (2). |
| Article 41 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 20 million won: <Amended by Act No. 11423, May 14, 2012; Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018>
| 1. | Any person who changes a location information system, without reporting the change, in violation of Article 5-2 (3) 3 or 9 (3) 3, or who reports a change in a location information system by fraud or other improper means; |
| 2. | Any person who fails to destroy location information, in violation of Article 8 (4) or 11 (1) or (2); |
| 3. | Any person who violates an order to suspend business issued under Article 13 (1); |
| 4. | Any person who fails to take technical and managerial measures in violation of Article 16 (1) (including persons to whom said provisions shall apply mutatis mutandis pursuant to Article 38-3); |
| 4-2. | Any person who fails to ensure that data verifying the collection, use, and provision of location information are to be automatically recorded and preserved in a location information system, in violation of Article 16 (2); |
| 5. | Any person who refuses a request by an emergency rescue agency or a police agency, in violation of Article 29 (5); or who refuses to issue a warning, in violation of Article 29 (7). |
| Article 42 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Articles 39 through 41 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. [This Article Wholly Amended by Act No.10137, Mar. 17, 2010]
| Article 43 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended by Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018> |
| 1. | Any person who violates a condition for granting permission under Article 5 (4); |
| 2. | Any person who acquires a business or merges or splits off a business, without authorization, in violation of Article 7 (1); |
| 3. | Any person who fully or partially suspends or discontinues business operations, without obtaining approval, in violation of Article 8 (1) or (2); |
| 4. | Any person who refuses to provide personal location information, in violation of Article 20 (1); |
| 5. | Any person who refuses a request for temporary suspension or fails to take a technical measure, in violation of Article 24 (2). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Amended by Act No. 11423, May 14, 2012; Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018; Act No. 16087, Dec. 24, 2018> |
| 1. | Any person who fails to report the acquisition, inheritance, merger, or split-off of a business or who reports the acquisition, inheritance, merger, or split-off of a business by fraud or other improper means, in violation of Article 7 (4) or 10 (1); |
| 2. | Any person who fails to report the whole or partial suspension or discontinuation of business operations, in violation of Article 8 (1) or (2) or 11 (1) or (2); |
| 3. | Any person who fails to disclose terms and conditions or grounds for and details of an amendment to the terms and conditions, in violation of Article 12 (1); |
| 3-2. | Any person who violates an order to amend terms and conditions under Article 12 (2); |
| 4. | Any person who fails to notify that an object has a built-in device capable of collecting location information, in violation of Article 15 (3); |
| 5. | Any person who fails to perform a duty to specify terms and conditions in violation of Article 18 (1) or 19 (1); |
| 6. | Any person who collects personal location information, in violation of Article 18 (3); |
| 7. | Any person who fails to give information or notice, in violation of Article 19 (2) through (4); |
| 8. | Any person who fails to notify transfer, etc. of business, in violation of Article 22; |
| 9. | Any person who refuses a request for inspection, notification, or correction, in violation of Article 24 (3); |
| 10. | Any person who collects, uses, or provides personal location information without obtaining the consent of the relevant legal representative or without confirming that such legal representative gives the consent, in violation of Article 25 (1); |
| 11. | Any person who requests emergency rescue under Article 29 (1) or (2), by fraud; |
| 12. | Any person who fails to notify providing personal location information, in violation of Article 29 (6); |
| 13. | Any person who fails to submit relevant articles, documents, etc. under Article 36 (1); or who submits any false article or document (including persons to whom said provisions shall apply mutatis mutandis pursuant to Article 38-3); |
| 14. | Any person who, without good cause, refuses, interferes with, or evades an inspection under Article 36 (2) (including persons to whom said provisions shall apply mutatis mutandis pursuant to Article 38-3). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 13203, Feb. 3, 2015; Act No. 15608, Apr. 17, 2018> |
| 1. | Any person who changes the trade name or principal place of business, without reporting such change; or who reports a changed trade name or principal place business by fraud or other improper means, in violation of Article 5 (7), 5-2 (3), 9 (3) 1 or 2, or 9-2 (3); |
| 2. | Any person who fails to submit statistical data, in violation of Article 32. |
| (4) | Administrative fines under paragraphs (1), (2) (excluding subparagraph 11), and (3) shall be imposed and collected by the Korea Communications Commission, as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 13203, Feb. 3, 2015> |
| (5) | through (7) Deleted. <by Act No. 13203, Feb. 3, 2015> |
| (8) | Administrative fines under paragraph (2) 11 shall be imposed and collected by the heads of emergency rescue agencies or the heads of police agencies, as prescribed by Presidential Decree. <Amended by Act No. 11423, May 14, 2012> |
| (9) | Deleted. <by Act No. 13203, Feb. 3, 2015> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 29 through 32, subparagraph 5 of Article 41, Article 43 (2) 11 and 12, and Article 43 (8) shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Permission for Location Information Business) Each person who engages in local information business as at the time this Act enters into force shall obtain permission from the Minister of Information and Communications in accordance with Article 5 (1), within three months from the date this Act enters into force. |
| (3) | (Transitional Measures concerning Reporting on Location-Based Service Business) Each person who engages in location-based service business as at the time this Act enters into force shall report his/her business to the Minister of Information and Communications in accordance with Article 9 (1), within three months from the date this Act enters into force. |
| (4) | (Transitional Measures concerning Terms and Conditions) Each person who engages in location information business or location-based service business as at the time this Act enters into force shall prepare terms and conditions under Article 12 (1) within three months from the date this Act enters into force and shall report them to the Minister of Information and Communications. |
ADDENDUM <Act No. 8002, Sep. 27, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 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.
ADDENDUM <Act No. 8775, Dec. 21, 2007>
This Act shall enter into force six months after the date of its promulgation.
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. 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. 9483, Mar. 13, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10137, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
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. 10517, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11423, May 14, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11717, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12840, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Disqualifications of Incompetent Persons)
Notwithstanding the amended provisions of Articles 6 (1) 1 and 26 (1) 2 and (2) 2, the previous provisions shall apply to the persons, for whom the declaration of incompetence or quasi-incompetence pronounced as at the time the amended provisions enter into force, remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
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 the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13203, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permission for Location Information Business)
The amended provisions of Articles 5 (8) 4 and 7 (3) 4 shall apply, beginning with where an application is filed for permission for location information business or authorization for the acquisition, etc. of location information business, after this Act enters into force.
ADDENDA <Act No. 13540, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures to Grounds for Disqualification)
Notwithstanding the amended provisions of Article 6, an employee of a location information provider as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
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 amendments to the statutes to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14840, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15608, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting by Micro Enterprises on Location-Based Service Business)
The amended provisions of Articles 9 (4) and 9-2 shall apply to micro enterprises, etc. that commence location-based service business after this Act enters into force. Article 3 (Applicability to Disclosure of Terms and Conditions)
The amended provisions of Article 12 (1) shall also apply where a person intends to amend the terms and conditions reported before this Act enters into force. Article 4 (Transitional Measures concerning Permission for Location Information Business)
| (1) | If a person who holds permission granted under previous Article 5 (1) as at the time this Act enters into force engages in location information business handling personal location information, such person shall be deemed to have obtained permission from the Korea Communications Commission under the amended provisions of Article 5 (1). |
| (2) | If a person who holds permission granted under previous Article 5 (1) as at the time this Act enters into force engages in location information business, without handling personal location information, such person shall be deemed to have filed a report in accordance with the amended provisions of Article 5-2 (1), and such report shall be deemed to have been accepted by the Korea Communications Commission under the amended provisions of Article 5-2 (4). |
| (3) | If a person who has an application pending for permission under Article 5 (1) as at the time this Act enters into force engages in location information business, without handling personal location information, such person shall be deemed to have filed a report in accordance with the amended provisions of Article 5-2 (1). |
Article 5 (Transitional Measures concerning Acquisition of Location Information Business or Merger of Corporations)
| (1) | If the transferee of all or part of the business of a person who holds authorization granted under previous Article 7 (1) as at the time this Act enters into force reports and has engaged in location information business, without handling personal location information, or a corporation incorporated by a merger or split-off or a corporation surviving a merger or split-off reports such acquisition, merger, or split-off in accordance with the amended provisions of Article 7 (4), such report shall be deemed to have been accepted by the Korea Communications Commission under the amended provisions of Article 7 (5). |
| (2) | If a person who filed an application for authorization under previous Article 7 (1) before this Act enters into force is the transferee of all or part of the business of a person who has engaged in location information business, without handling personal location information, or a corporation incorporated by a merger or split-off or a corporation surviving a merger or split-off, such person shall be deemed to have reported the acquisition, merger, or split-off in accordance with the amended provisions of Article 7 (4). |
Article 6 (Transitional Measures concerning Suspension or Discontinuation of Operations of Location Information Business)
| (1) | If a person who engages in location information business as at the time this Act enters into force, without handling personal location information, with approval granted under previous Article 8 (1) or (2) files a report in accordance with the amended provisions of Article 8 (1) 2 or (2) 2, such report shall be deemed to have been accepted by the Korea Communications Commission under the amended provisions of Article 8 (6). |
| (2) | If a person who filed an application for approval under previous Article 8 (1) or (2) before this Act enters into force engages in location information business, without handling personal location information, such person shall be deemed to have filed a report in accordance with the amended provisions of Article 8 (1) 2 or (2) 2. |
Article 7 Omitted.
ADDENDUM <Act No. 16087, Dec. 24, 2018>
This Act shall enter into force six months after the date of its promulgation.