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FRAMEWORK ACT ON BROADCASTING COMMUNICATIONS DEVELOPMENT

Act No. 10165, Mar. 22, 2010

Amended by Act No. 10193, Mar. 31, 2010

Act No. 11200, Jan. 17, 2012

Act No. 11373, Feb. 22, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12034, Aug. 13, 2013

Act No. 12720, jun. 3, 2014

Act No. 12743, jun. 3, 2014

Act No. 13072, Jan. 20, 2015

Act No. 13539, Dec. 1, 2015

Act No. 13581, Dec. 22, 2015

Act No. 14574, Mar. 14, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15370, Feb. 21, 2018

Act No. 15460, Mar. 13, 2018

Act No. 16015, Dec. 24, 2018

Act No. 16019, Dec. 24, 2018

Act No. 16751, Dec. 10, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the enhancement of public welfare and the development of broadcasting communications, by ensuring the public benefit and public nature of broadcasting communications in response to a new communications environment in which broadcasting and telecommunications are merged, and by prescribing matters regarding the promotion of broadcasting communications, technical standards for broadcasting communications, disaster management, etc.
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. The term "broadcasting communications" means transmission (including transmission to the general public) or reception of content for broadcasting communications by a wired, wireless, optical, or other electronic system and a series of activities accompanying such transmission and reception, and includes the following:
(a) Broadcasting defined in Article 2 of the Broadcasting Act;
(b) Internet multimedia broadcasting defined in Article 2 of the Internet Multimedia Broadcast Services Act;
(c) Telecommunications defined in Article 2 of the Framework Act on Telecommunications;
2. The term "content for broadcasting communications" means codes, letters, voice, sound, and images transmitted or received by a wired, wireless, optical, or other electronic system;
3. The term "broadcasting communications facility" means a machine, apparatus, cable, or any other facility necessary for broadcasting communications;
4. The term "instrument or material for broadcasting communications" means a device, instrument, part, filament, or any other instrument or material used for broadcasting communications facilities;
5. The term "broadcasting communications services" means rendering direct broadcasting communications services, or assisting another person in rendering broadcasting communications services with broadcasting communications facilities, or providing another person with broadcasting communications facilities for any of such purposes;
6. The term "broadcasting communications business entity" means a person who provides broadcasting communications services after reporting to or registering with, or obtaining approval or permission from, the Minister of Science and ICT or the Korea Communications Commission, or after undergoing similar procedures in compliance with relevant statutes or regulations.
 Article 3 (Public Benefit and Public Nature of Broadcasting Communications)
The State and each local government shall endeavor to accomplish the following objectives in order to fulfill public responsibilities based on the public benefit and public nature of broadcasting communications:
1. Enhancement of public welfare, balanced development between regions or classes, and formation of sound social communities through broadcasting communications;
2. Promotion of a sound culture for broadcasting communications and creation of a proper environment for the use of broadcasting communications;
3. Encouragement of the development of technology and services for broadcasting communications and creation of an environment for fair competition;
4. Prevention of alienation of social minorities or the socially marginalized;
5. Promotion of pluralism and diversity of the media environment by means of broadcasting communications;
6. Formulation and implementation of policies on broadcasting communications through transparent and open decision-making.
 Article 4 (Protection of Rights and Interests of Viewers and Users)
(1) No broadcasting communications business entity shall discriminate against viewers or users without a justifiable cause in rendering broadcasting communications services.
(2) Every broadcasting communications business entity shall endeavor to enhance the convenience of viewers and users through broadcasting communications.
(3) No one shall undermine another person’s reputation or violate another person's rights without a justifiable cause by means of broadcasting communications.
 Article 5 (Principles in Regulating Broadcasting Communications)
(1) The Minister of Science and ICT and the Korea Communications Commission shall endeavor to apply equal regulations to services deemed identical, comprehensively considering the distinct characteristics of, or technology for, broadcasting communications services, the forms in which services are rendered to viewers and users, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT and the Korea Communications Commission shall formulate an internal annual evaluation plan for the regulation of broadcasting communications, conduct evaluations, and formulate and publish a plan necessary for rationalizing the regulation of broadcasting communications based on the findings of such evaluations. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 6 (Relationship to Other Statutes)
Except as otherwise provided in other statutes, broadcasting communications shall be governed by this Act.
CHAPTER II DEVELOPMENT OF BROADCASTING COMMUNICATIONS AND ENHANCEMENT OF PUBLIC WELFARE
 Article 7 (Formulation of Policies for Development of Broadcasting Communications)
(1) The Minister of Science and ICT or the Korea Communications Commission shall draw up basic and comprehensive national policies necessary for the enhancement of public welfare and the development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT or the Korea Communications Commission shall formulate and implement a specific plan for supporting minorities or the socially marginalized in order to prevent them from being unfavorably treated or alienated in broadcasting communications on the grounds of their economic, geographic, or physical differences. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) The Minister of Science and ICT or the Korea Communications Commission shall formulate and implement policies necessary for encouraging citizens to become involved in broadcasting communications and pursue diverse cultures through broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT or the Korea Communications Commission shall formulate and implement policies necessary for ensuring that citizens can enjoy universal and basic broadcasting communications services. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) The Minister of Science and ICT or the Korea Communications Commission shall formulate and implement policies necessary for preventing defamation of citizens or violation of their rights through broadcasting communications and protecting their information. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) The Minister of Science and ICT or the Korea Communications Commission shall formulate and implement policies on the evaluation of the quality of broadcasting communications services, education and public relations activities related thereto, etc. so that all citizens can use broadcasting communications services efficiently and safely. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 8 (Formulation of Master Plans for Broadcasting Communications)
(1) The Minister of Science and ICT and the Korea Communications Commission shall formulate and publicly announce a master plan for broadcasting communications (hereinafter referred to as "master plan") for the enhancement of citizens' welfare through broadcasting communications and smooth development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) A master plan shall include the following:
1. Matters concerning broadcasting communications services;
2. Matters concerning content for broadcasting communications;
3. Matters concerning broadcasting communications facilities, and wired and wireless networks used for broadcasting communications;
4. Matters concerning advertisements through broadcasting communications;
5. Matters concerning the promotion of broadcasting communications technology;
6. Matters concerning the rendering of universal broadcasting communications services and ensuring of the public nature of such services;
7. Matters concerning inter-Korean and international cooperation in broadcasting communications;
8. Other basic matters concerning broadcasting communications.
(3) The specific scope of the matters referred to in paragraph (2) 2 and 4 shall be prescribed by Presidential Decree, after consultations held among the Minister of Science and ICT, the Minister of Culture, Sports and Tourism, and the Korea Communications Commission. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Deleted. <by Act No. 11690, Mar. 23, 2013>
 Article 9 (Designation of Dedicated Institutions)
(1) When necessary for the efficient implementation and execution of a master plan, the Minister of Science and ICT and the Korea Communications Commission may designate an institution dedicated to relevant duties for each field (hereinafter referred to as "dedicated institution") and may provide subsidies to cover expenses incurred in performing such duties. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Details regarding the designation of dedicated institutions, the procedures therefor, etc. shall be prescribed by Presidential Decree.
 Article 10 (Development of Indexes and Indicators regarding Broadcasting Communications)
The Minister of Science and ICT or the Korea Communications Commission may develop and publish indexes and indicators related to broadcasting communications in order to furnish comprehensive information on the comparison of broadcasting communications, including broadcasting communications services, with international standards, the use of broadcasting communications, etc. and to formulate related policies. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 11 (Creation of Environment for Fair Competition)
(1) The Minister of Science and ICT or the Korea Communications Commission shall endeavor to create an environment for efficient and fair competition in the broadcasting communications market. <Amended by 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 conduct evaluations of the current status of competition in the broadcasting communications market in order to formulate policies on competition aimed at establishing an efficient competition system in the broadcasting communications market and creating an environment for fair competition. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Specific standards and procedures for, and methods of, evaluations of the current status of competition prescribed in paragraph (2), and other matters shall be prescribed by Presidential Decree.
 Article 12 (Assistance in Production and Distribution of Content for Broadcasting Communications)
(1) The Government may render assistance so that content for broadcasting communications can be distributed, used, or exported through a variety of broadcasting communications media.
(2) The Government shall establish and implement a plan for the promotion of content for broadcasting communications, including matters regarding assistance in the production of content for broadcasting communications, improvement of its distribution structure, and inducement of its sound use.
 Article 13 (Sophistication of Wired and Wireless Networks for Broadcasting Communications)
The Minister of Science and ICT shall endeavor to ensure sophistication of wired and wireless networks for broadcasting communications so that a variety of broadcasting communications services can be provided to citizens in a stable manner to meet their needs, and shall formulate and implement policies necessary therefor. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 14 (Development of Broadcasting Communications Infrastructure and Assistance in Development)
(1) The Minister of Science and ICT may render assistance to broadcasting communications business entities in jointly developing physical and technical infrastructure necessary for broadcasting communications (hereinafter referred to as "broadcasting communications infrastructure"), such as a broadcast production complex. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Government may have the broadcasting communications infrastructure developed under paragraph (1) linked to infrastructure for other industries for better operations.
 Article 15 (Korea Association for ICT Promotion)
(1) For the development of information and communications, information and communications service providers and persons who run a business related to information and communications networks may establish the Korea Association for ICT Promotion (hereinafter referred to as the "KAIT") with authorization of the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The KAIT shall be a corporation.
(3) Except as provided in this Act, provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the KAIT.
(4) The Government may grant subsidies to the KAIT, within budgetary limits, if necessary for the KAIT to perform its business activities.
(5) Matters necessary for the business activities, supervision, etc. of the KAIT shall be prescribed by Presidential Decree.
CHAPTER III PROMOTION OF BROADCASTING COMMUNICATIONS
 Article 16 (Promotion of Broadcasting Communications Technology)
The Minister of Science and ICT shall formulate and implement a policy on the following to ensure the development of broadcasting communications services through the promotion of broadcasting communications technology: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Matters concerning surveys on the level of broadcasting communications technology, the research and development of technology, and the evaluation and use of the technology developed;
2. Matters concerning cooperation and guidance in, and transfer of, broadcasting communications technology;
3. Matters concerning standardization of broadcasting communications technology, introduction of new broadcasting communications technology, etc.;
4. Matters concerning the smooth distribution of information on broadcasting communications technology;
5. Matters concerning international cooperation in broadcasting communications technology;
6. Other matters concerning the promotion of broadcasting communications technology.
 Article 17 (Management of Information on Broadcasting Communications Technology)
(1) The Minister of Science and ICT shall draw up a plan for the systematic and comprehensive management and dissemination of information on broadcasting communications technology in order to promote such technology. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may make a prior announcement of new broadcasting communications technology for the smooth development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 18 (Support for Research Institutes)
(1) In an effort to promote broadcasting communications, the Minister of Science and ICT and the Korea Communications Commission shall formulate and implement policies necessary for providing financial support, etc. to institutions and organizations conducting research on broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The scope of institutions and organizations eligible for the support prescribed in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 19 (Assistance in Research Activities)
(1) The Minister of Science and ICT and the Korea Communications Commission may render assistance in research activities, such as the selection of research projects relating to broadcasting communications technology, if necessary for the research and development of broadcasting communications technology. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Matters necessary for assistance in research activities prescribed in paragraph (1), etc. shall be prescribed by Presidential Decree.
 Article 20 (Technical Guidance)
(1) Where necessary for applying accurate systems and specifications of instruments or materials for broadcasting communications from the production stage and assuring the quality of broadcasting communications services, the Minister of Science and ICT may provide technical guidance, in terms of standardization of technologies, technical training, sharing of information, cooperation with international organizations, etc., to persons who engage in producing instruments or materials for broadcasting communications or information and communications construction business operators prescribed in the Information and Communications Construction Business Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Persons eligible for technical guidance prescribed in paragraph (1), the details thereof, and other necessary matters shall be prescribed by Presidential Decree.
 Article 21 (Training of Professionals in Broadcasting Communications)
The Minister of Science and ICT shall formulate and implement plans for the following in order to train professionals necessary for the development of broadcasting communications: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Ascertaining the status of demand for professionals in broadcasting communications technology and broadcasting communications services (hereafter in this Article referred to as "professionals") and forecasting the mid- to long-term demand for, and supply of, such professionals;
2. Supporting programs for training professionals;
3. Supporting institutions specializing in training professionals;
4. Supporting the development and dissemination of educational programs for training professionals;
5. Supporting the establishment of qualification systems for broadcasting communications technology and supply of professionals;
6. Supporting education on broadcasting communications technology and broadcasting communications services, offered by schools at different levels and other educational institutions;
7. Expanding education on broadcasting communications technology and broadcasting communications services for the general public;
8. Other matters necessary for training professionals.
 Article 22 (Inter-Korean Exchanges and Cooperation in Broadcasting Communications)
(1) The Government shall endeavor to enhance mutual exchanges and cooperation between North and South Korea in the broadcasting communications sector.
(2) The Minister of Science and ICT or the Korea Communications Commission shall conduct a survey and research on the policies and system for and the current status of broadcasting communications of North Korea to enhance inter-Korean exchanges and cooperation in the broadcasting communications sector. <Newly Inserted by Act No. 16751, Dec. 10, 2019>
(3) The Minister of Science and ICT or the Korea Communications Commission may request broadcasting communications business entities, relevant organizations, etc. to provide cooperation, where necessary for inter-Korean exchange and cooperation projects, surveys and research, etc., as prescribed by Presidential Decree. In such cases, the Minister of Science and ICT or the Korea Communications Commission may assist with all or part of necessary expenses within budgetary limits, as prescribed by Presidential Decree. <Newly Inserted by Act No. 16751, Dec. 10, 2019>
(4) The Korea Communications Commission shall establish a committee for the promotion of inter-Korean exchange in broadcasting communications under its control in order to promote inter-Korean exchange and cooperation in broadcasting communications.
(5) Matters necessary for the composition and operation of the committee for the promotion of inter-Korean exchange in broadcasting communications under paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 16751, Dec. 10, 2019>
 Article 23 (International Cooperation in Broadcasting Communications)
(1) The Minister of Science and ICT or the Korea Communications Commission shall understand international trends in the field of broadcasting communications and promote international cooperation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Government may render assistance in international joint production and distribution of content for broadcasting communications, international exchanges of technologies and human resources for broadcasting communications, international standardization of broadcasting communications, international joint research and development of broadcasting communications, and other projects.
(3) The Minister of Science and ICT or the Korea Communications Commission may render assistance in international cooperation projects by the private sector related to the field of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
CHAPTER IV BROADCASTING COMMUNICATIONS DEVELOPMENT FUND
 Article 24 (Establishment of Broadcasting Communications Development Fund)
The Minister of Science and ICT and the Korea Communications Commission shall establish a Broadcasting Communications Development Fund (hereinafter referred to as the "Fund") in order to support the promotion of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 25 (Creation of Fund)
(1) The Fund shall be created with the following financial resources:
1. Government’s contributions and loans;
2. Amounts collectible under Article 7 (2) of the Radio Waves Act, considerations for the assignment of radio frequencies under Article 11 (1) of that Act (including cases applicable mutatis mutandis under Article 16 (4) of that Act), a security deposit prescribed in Article 11 (5) of that Act, and the amount calculated under Article 17 (2) of that Act;
3. Charges collected under paragraphs (2) through (4);
4. Contributions by broadcasting business entities;
5. Revenues accruing from the operation of the Fund;
6. Other revenues prescribed by Presidential Decree.
(2) The Korea Communications Commission may collect a charge, from each terrestrial broadcasting business entity and each program provider engaging in general programming or specialized programming of news reports under the Broadcasting Act, in the amount calculated by multiplying the sales revenue from broadcast advertisement for the previous year by a collection rate determined and publicly notified by the Korea Communications Commission, not exceeding 6/100. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12034, Aug. 13, 2013; Act No. 13072, Jan. 20, 2015>
(3) The Minister of Science and ICT may collect a charge, from each CATV broadcasting business entity and each satellite broadcasting business entity prescribed in the Broadcasting Act and each Internet multimedia broadcast service provider prescribed in the Internet Multimedia Broadcast Services Act, in the amount calculated by multiplying the sales revenue from broadcasting services for the previous year by a collection rate determined and publicly notified by the Minister of Science and ICT, not exceeding 6/100. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12034, Aug. 13, 2013; Act No. 13072, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT may collect a charge, from each program provider engaging in specialized programming featuring and marketing products, in the amount calculated by multiplying the operating profit at the closing of accounts for the previous year by a collection rate determined and publicly notified by the Minister of Science and ICT, not exceeding 15/100. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12034, Aug. 13, 2013; Act No. 13072, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017>
(5) The Minister of Science and ICT and the Korea Communications Commission may remit or reduce the charge prescribed in paragraph (1) 3 for a person whose scale of business or capacity to pay the charge falls short of a certain standard, and may apply differential rates for broadcasting communications business entities in light of the public nature and profitability of broadcasting communications and financial condition of each broadcasting communications business entity, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13072, Jan. 20, 2015; Act No. 14839, Jul. 26, 2017>
(6) Where the amount of charges imposed under paragraph (1) 3 exceeds the criteria prescribed by Presidential Decree, the Minister of Science and ICT and the Korea Communications Commission may allow the payment of such charges in installments, as prescribed by Presidential Decree. <Newly Inserted by Act No. 16751, Dec. 10, 2019>
(7) When a person obligated to pay a charge under paragraphs (2) through (4) fails to pay such charge by the payment deadline, the Minister of Science and ICT and the Korea Communications Commission may impose an additional charge of not exceeding 3/100 of the amount in arrears, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017; Act No. 16751, Dec. 10, 2019>
(8) When a person obligated to pay a charge prescribed in paragraph (1) 3 and an additional charge prescribed in paragraph (7) fails to pay such charges by the payment deadline, the Minister of Science and ICT and the Korea Communications Commission shall collect them in the same manner as delinquent national taxes are collected. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017; Act No. 16751, Dec. 10, 2019>
(9) Matters necessary for the calculation, collection, etc. of charges prescribed in paragraphs (2) through (8) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13072, Jan. 20, 2015; Act No. 16751, Dec. 10, 2019>
 Article 25-2 (Objection to Charges)
(1) Where a person on whom charges were imposed pursuant to Article 25 (2) through (5) has an objection to the charges imposed, he or she may raise an objection with the Minister of Science and ICT or the Korea Communications Commission within 60 days from the date of such imposition. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Upon receipt of an application for objection prescribed in paragraph (1), the Minister of Science and ICT or the Korea Communications Commission shall deliberate thereon within 30 days from the date of such receipt and notify the applicant of the results thereof in writing. <Amended by Act No. 14839, Jul. 26, 2017>
(3) A person who has an objection to the charges imposed pursuant to Article 25 (2) through (5) may file an administrative appeal prescribed in the Administrative Appeals Act or initiate an administrative litigation prescribed in the Administrative Litigation Act, regardless of whether the objection under paragraph (1) has been filed or not.
[This Article Newly Inserted by Act No. 13581, Dec. 22, 2015]
 Article 26 (Use of Fund)
(1) The Fund shall be used for any of the following projects: <Amended by Act No. 11373, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12743, Jun. 3, 2014; Act No. 15370, Feb. 21, 2018>
1. Projects for the research and development of broadcasting communications;
2. Projects for the development, establishment, and dissemination of standards for broadcasting communications;
3. Projects for training professionals in broadcasting communications;
4. Projects for boosting broadcasting communications services and developing infrastructure for broadcasting communications services;
5. Supporting broadcasting communications operated for public interests and public services;
5-2. Supporting the production of programs for public interests pursued by terrestrial broadcasting business entities for a local network and small and medium terrestrial broadcasting business entities prescribed in Article 22 of the Act on Broadcast Advertising Sales Agencies, Etc.;
6. Supporting the production and distribution of content for broadcasting communications, development of optional services, etc.;
7. Supporting broadcast programs produced by viewers and media education;
8. Projects for providing remedies for damage sustained by viewers and users and for enhancing their rights and interests;
9. Rendering assistance for the development of advertisements through broadcasting communications;
9-2. Providing subsidies to cover expenses incurred in operating the committee on the balanced development of broadcast advertising prescribed in Article 23 (7) of the Act on Broadcast Advertising Sales Agencies, Etc.;
10. Rendering assistance to those alienated from broadcasting communications to facilitate their access to broadcasting communications;
11. Supporting international exchanges and cooperation and inter-Korean exchanges and cooperation in broadcasting communications;
12. Supporting overseas broadcasting in the Korean language;
13. Compensation for losses prescribed in Article 7 (1) of the Radio Waves Act;
14. Prices for the assignment of radio frequencies, which shall be refunded under Article 7 (5) of the Radio Waves Act;
15. Rendering support for the implementation of plans for assistance in developing regional broadcasting prescribed in Article 7 of the Special Act on Assistance in Development of Regional Broadcasting;
16. Other projects deemed necessary for the development of broadcasting communications.
(2) The Minister of Science and ICT and the Korea Communications Commission may use part of the Fund as financial resources for loans and investments to enhance the public nature of broadcasting communications, promote the development of broadcasting communications, and to improve the welfare of viewers. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Where a person who uses the Fund uses it for purposes other than those for which the Fund was provided, the Minister of Science and ICT and the Korea Communications Commission may recover the Fund spent for other than such purpose. <Newly Inserted by Act No. 14574, Mar. 14, 2017; Act No. 14839, Jul. 26, 2017>
(4) Where a person for whom the disposition of recovery prescribed in paragraph (3) was rendered fails to pay his or her due by the deadline, the Minister of Science and ICT and the Korea Communications Commission may urge him or her to pay such due for a prescribed period and, where he or she fails to pay it within such prescribed period, it may be recovered in the same manner as delinquent national taxes are collected. <Newly Inserted by Act No. 14574, Mar. 14, 2017; Act No. 14839, Jul. 26, 2017>
 Article 27 (Management and Operation of Fund)
(1) The Fund shall be managed and operated by the Minister of Science and ICT and the Korea Communications Commission. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) A Council for the Operation of the Broadcasting Communications Development Fund shall be established for the fair and efficient management and operation of the Fund.
(3) The Council for the Operation of the Broadcasting Communications Development Fund shall be composed of up to 10 members, who shall be appointed by the Minister of Science and ICT after a prior consultation with the Korea Communications Commission. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Matters necessary for the composition and operation of the Council for the Operation of the Broadcasting Communications Development Fund shall be prescribed by Presidential Decree.
(5) The Minister of Science and ICT and the Korea Communications Commission may entrust some of the administrative affairs related to the collection, operation, and management of the Fund to an institution or organization related to broadcasting communications duties, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(6) Details necessary for the operation and management of the Fund shall be prescribed by Presidential Decree.
CHAPTER V TECHNICAL STANDARDS FOR BROADCASTING COMMUNICATIONS
 Article 28 (Technical Standards)
(1) A person who installs and operates broadcasting communications facilities shall ensure that such facilities meet the technical standards prescribed by Presidential Decree.
(2) Where a broadcasting communications business entity installs the broadcasting communications facilities determined and publicly notified by the Minister of Science and ICT or expands the broadcasting communications facilities already installed, he or she shall test the facilities to ensure that they meet the technical standards prescribed in paragraph (1) before providing broadcasting communications services, and shall record and manage the results of the test: Provided, That the foregoing shall not apply to broadcasting communications business entities prescribed by Presidential Decree, such as those who provide broadcasting communications services with broadcasting communications facilities rented. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Broadcasting communications facilities shall be installed and maintained in accordance with relevant drawings and specifications.
(4) Matters necessary for preparing the drawings and specifications under paragraph (3) shall be prescribed by Presidential Decree.
(5) The Minister of Science and ICT may assign public officials under his or her jurisdiction to investigate or test the broadcasting communications facilities of a person who has installed and operates the facilities in order to ensure that such facilities have been installed and operated in conformity with the technical standards, in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Where policies on broadcasting communications facilities are formulated;
2. Where preparation for a state of national emergency is necessary;
3. Where it is needed to prevent disasters and accidents or where a disaster or accident has occurred;
4. Where broadcasting communications are likely to suffer extensive interruption due to a failure of broadcasting communications facilities.
(6) Where an investigation or test is conducted under paragraph (5), a plan for the investigation or test, including the date and time of, reasons for, and scope of, the investigation or test, shall be notified to the person who has installed and operates broadcasting communications facilities, at least seven days before the investigation or test: Provided, That the foregoing shall not apply to any emergency or cases where giving a prior notice can defeat the purpose of the investigation or test because of the likelihood of destruction of evidence, etc.
(7) Each public official who conducts an investigation or test pursuant to paragraph (6) shall carry an identification indicating his or her authority and show it to relevant persons, and shall present a document that describes his or her name, the time and purposes of entry, etc. to the relevant persons when making an entry.
(8) Where a person who has installed and operates broadcasting communications facilities under paragraph (1) detects, with a system for detecting illegal duplication, that a mobile phone (referring to a communications terminal device for using services provided with assigned radio frequencies among facilities-based telecommunications services prescribed in Article 5 (2) of the Telecommunications Business Act) is suspected of having been duplicated, he or she shall report such mobile phone to the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 29 (Exception to Application of Technical Standards)
Article 28 shall not apply to the broadcasting communications facilities regulated by separate technical standards or similar provisions in the Broadcasting Act or the Radio Waves Act.
 Article 30 (Management Regulations)
A person prescribed by Presidential Decree, among broadcasting communications business entities who provide broadcasting communications services with broadcasting communications facilities, etc. that they have installed and hold, shall establish regulations on the management of the broadcasting communications facilities as prescribed by Presidential Decree, to provide stable broadcasting communications services, and shall manage the broadcasting communications facilities in accordance with such regulations.
 Article 31 (Corrective Order against Violation of Technical Standards)
Where any broadcasting communications facility already installed ceases to meet the technical standards prescribed in Article 28, the Minister of Science and ICT may issue a corrective order or take other necessary measures. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 32 (Adoption of New Broadcasting Communications Systems)
(1) The Minister of Science and ICT may adopt a new broadcasting communications system, etc. for the smooth development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) When a new broadcasting communications system, etc. are adopted pursuant to paragraph (1), the Minister of Science and ICT shall make a public notice thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 33 (Promotion of Standardization)
(1) The Minister of Science and ICT shall promote the standardization of broadcasting communications to ensure sound development of broadcasting communications and convenience of viewers and users, and may recommend broadcasting communications business entities or manufacturers of instruments and materials for broadcasting communications to follow the standards: Provided, That the matters subject to the Korean Industrial Standards formulated under the Industrial Standardization Act shall be governed by such standards. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) When the Minister of Science and ICT adopts standards for broadcasting communications, he or she shall provide a public notice thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Matters necessary for promoting the standardization of broadcasting communications prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 34 (Telecommunications Technology Association)
(1) The Telecommunications Technology Association (hereinafter referred to as the "Technology Association") may be established with authorization of the Minister of Science and ICT to efficiently perform duties relating to the standardization of broadcasting communications, such as the formulation and dissemination of information and communications standards and support for information and communications technology. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Technology Association shall be a corporation.
(3) The Government may make contributions to the Technology Association within budgetary limits, where necessary for performing the duties relating to the standardization of information and communications.
(4) Where the Technology Association violates this Act or its articles of association in its operation, the Minister of Science and ICT may require it to revise its business plan or to replace an executive officer. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Technology Association.
CHAPTER VI MANAGEMENT OF DISASTERS IN BROADCASTING COMMUNICATIONS
 Article 35 (Formulation of Master Plans for Management of Disasters in Broadcasting Communications)
(1) The Minister of Science and ICT and the Korea Communications Commission shall formulate and implement a master plan for the management of disasters in broadcasting communications in order to prevent disasters prescribed in the Framework Act on the Management of Disasters and Safety, disasters prescribed in the Countermeasures against Natural Disasters Act, and other physical or functional defects, etc. (hereinafter referred to as "disasters in broadcasting communications") in relation to broadcasting communications services provided by the following broadcasting communications business entities (hereinafter referred to as "major broadcasting communications business entity") and to control and quickly recover from disasters in broadcasting communications: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13539, Dec. 1, 2015; Act No. 14839, Jul. 26, 2017; Act No. 16019, Dec. 24, 2018>
1. A person who has registered facilities-based telecommunications services pursuant to Article 6 of the Telecommunications Business Act and meets the requirements prescribed by Presidential Decree;
2. A terrestrial broadcasting business entity prescribed in subparagraph 3 (a) of Article 2 of the Broadcasting Act (limited to terrestrial broadcasting business entities who provide television broadcasting pursuant to subparagraph 1 (a) of Article 2 of the Broadcasting Act and excluding regional broadcasting business operators pursuant to Article 2 (1) 2 of the Special Act on Assistance in Development of Regional Broadcasting);
3. A program provider prescribed in subparagraph 3 (d) of Article 2 of the Broadcasting Act (limited to program providers engaging in general programming or specialized programming of news reports).
(2) A master plan for the management of disasters in broadcasting communications shall include the following:
1. Matters concerning the designation and management of the broadcasting communications facilities that need continuous management because of a high risk of disasters in broadcasting communications or for the prevention of disasters in broadcasting communications and the regions subject to the installation of such facilities;
2. Matters concerning prompt broadcasting of disasters for the protection of the life and property of citizens;
3. The following measures necessary for preparation for disasters in broadcasting communications:
(a) Securing alternate paths for broadcasting communications;
(b) Setting up an information system for the interface operation of broadcasting communications facilities;
(c) Securing supplies for recovering from damage;
4. Other matters deemed necessary for the management of disasters in broadcasting communications.
 Article 36 (Procedures for Formulation of Master Plans for Management of Disasters in Broadcasting Communications)
(1) The Minister of Science and ICT and the Korea Communications Commission shall draw up guidelines for formulating a master plan for the management of disasters in broadcasting communications and shall notify it to major broadcasting communications business entities. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Each major broadcasting communications business entity shall formulate a plan for the management of disasters in broadcasting communications in accordance with the guidelines referred to in paragraph (1) and shall submit the plan to the Minister of Science and ICT and the Korea Communications Commission. In such cases, the plan for the management of disasters in broadcasting communications shall be deemed a detailed implementation plan prescribed in Article 23 (3) of the Framework Act on the Management of Disasters and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) The Minister of Science and ICT and the Korea Communications Commission shall integrate plans for the management of disasters in broadcasting communications, submitted by major broadcasting communications business entities under paragraph (2), and shall formulate a master plan for the management of disasters in broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT and the Korea Communications Commission shall notify major broadcasting communications business entities in question of the matters that concern them in the master plan for the management of disasters in broadcasting communications formulated under paragraph (3). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(5) Details necessary for formulating a master plan for the management of disasters in broadcasting communications shall be prescribed by Presidential Decree.
(6) Paragraphs (1) through (5) shall apply mutatis mutandis to revisions to a master plan for the management of disasters in broadcasting communications.
 Article 36-2 (Implementation of Plans for Management of Disasters in Broadcasting Communications)
(1) Each major broadcasting communications business entity shall implement a plan for the management of disasters in broadcasting communications under Article 36 (2).
(2) The Minister of Science and ICT and the Korea Communications Commission may provide guidance and inspection as to whether the plan has been implemented pursuant to paragraph (1) and may order each major broadcasting communications business entity to correct the matters deemed to require supplementation based on the results of such inspection. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Matters necessary for the cycle, methods, etc. of the guidance and inspection prescribed in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13539, Dec. 1, 2015]
 Article 37 (Preparation for Disasters in Broadcasting Communications)
(1) Where any disaster in broadcasting communications occurs or is highly likely to occur, the Minister of Science and ICT and the Korea Communications Commission may require a broadcasting communications business entity to integrate its own broadcasting communications facilities with those of another broadcasting communications business entity or those held by any other person who does not use such facilities for broadcasting communications business (hereinafter referred to as "private broadcasting communications facilities") for the opening and urgent restoration of broadcasting communications for joint operation in the affected region. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Expenses incurred in relation to the integrated operation with private broadcasting communications facilities shall be borne by the Government: Provided, That where private broadcasting communications facilities are provided for broadcasting communications services, the broadcasting communications business entity to whom such private facilities are provided shall bear the expenses.
(3) Matters necessary for the integrated operation of broadcasting communications facilities prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 38 (Reporting of Disasters in Broadcasting Communications)
(1) When any disaster in broadcasting communications occurs in relation to broadcasting communications services provided by a major broadcasting communications business entity, such major broadcasting communications business entity shall report the current status and cause of the disaster, details of emergency measures taken, measures for restoration, etc. to the Minister of Science and ICT without delay. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13539, Dec. 1, 2015; Act No. 14839, Jul. 26, 2017>
(2) When any disaster in broadcasting communications occurs in relation to broadcasting communications services provided by a major broadcasting communications business entity prescribed in Article 35 (1) 2 and 3, such major broadcasting communications business entity shall also report the current status and cause of the disaster, details of emergency measures taken, measures for restoration, etc. to the Korea Communications Commission the without delay. <Newly Inserted by Act No. 13539, Dec. 1, 2015>
 Article 39 (Headquarters for Countermeasures against Disasters in Broadcasting Communications)
(1) The Minister of Science and ICT may establish and operate a headquarters for countermeasures against disasters in broadcasting communications (hereinafter referred to as "headquarters for countermeasures"), where government-level comprehensive countermeasures are required to repair extensive damage caused by a disaster in broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall serve as the head of the headquarters for countermeasures. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Matters necessary for the composition, operation, etc. of the headquarters for countermeasures shall be prescribed by Presidential Decree.
(4) Each major broadcasting communications business entity shall report to the headquarters for countermeasures on the progress of recovery from damage caused by a disaster in broadcasting communications, etc., as prescribed by Presidential Decree.
 Article 39-2 (Designation of Manager of Disasters in Broadcasting Communications)
(1) Each major broadcasting communications business entity shall designate a manager of disasters in broadcasting communications who will be in charge of the establishment and revision of a plan for the management of disasters in broadcasting communications under Article 36, implementation of such plan under Article 36-2, preparation for disasters in broadcasting communications under Article 37, and reporting pursuant to Articles 38 and 39 (4).
(2) The qualifications of a manager of disasters in broadcasting communications and other matters necessary for the designation thereof shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13539, Dec. 1, 2015]
 Article 40 (Disaster Broadcasting Services)
(1) Where any disaster defined in Article 2 of the Countermeasures against Natural Disasters Act, disaster defined in Article 3 of the Framework Act on the Management of Disasters and Safety, or any civil defense crisis defined in Article 2 of the Framework Act on Civil Defense occurs or is likely to occur, any of the following business entities shall render disaster broadcasting services or broadcasting services for civil defense warnings (hereinafter referred to as “disaster broadcasting services, etc.”), aimed at preventing a disaster or civil defense crisis or mitigating resulting damage by providing information necessary for evacuation, rescue, restoration, etc.: Provided, That a business entity falling under subparagraphs 2, 3, and 5 may transmit disaster broadcasting services, etc. in the form of subtitles: <Amended by Act No. 13581, Dec. 22, 2015>
1. A terrestrial broadcasting business entity under subparagraph 3 (a) of Article 2 of the Broadcasting Act;
2. A CATV broadcasting business entity under subparagraph 3 (b) of Article 2 of the Broadcasting Act;
3. A satellite broadcasting business entity under subparagraph 3 (c) of Article 2 of the Broadcasting Act;
4. A program provider under subparagraph 3 (d) of Article 2 of the Broadcasting Act (limited to program providers engaging in general programming or specialized programming of news reports);
5. An Internet multimedia broadcast service provider under subparagraph 5 (a) of Article 2 of the Internet Multimedia Broadcast Services Act.
(2) Where disaster broadcasting services, etc. are not provided until any of the following events or where such services, etc. are deemed necessary for the prevention, evacuation, rescue, restoration, etc. in connection with a disaster or civil defense crisis, the Minister of Science and ICT and the Korea Communications Commission may request all or some of the broadcasting business entities under each subparagraph of paragraph (1) to render disaster broadcasting services, etc. without delay as prescribed by Presidential Decree. In such cases, the broadcasting business entities shall comply therewith unless there is a compelling reason not to do so: <Amended by Act No. 13581, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
2. Issuance of a forecast and alert of disasters under Article 38 of the Framework Act on the Management of Disasters and Safety;
3. Issuance of a civil defence warning under Article 33 of the Framework Act on Civil Defense (excluding where civil defense training is conducted).
(3) A broadcasting business entity under each subparagraph of paragraph (1) shall observe the following in rendering disaster broadcasting services, etc.: <Amended by Act No. 13581, Dec. 22, 2015>
1. It shall provide information on disaster status in an accurate and timely manner;
2. It shall provide information necessary for evacuation, rescue, restoration, etc. to the residents, victims, etc. in an affected area;
3. It shall not harm the reputation of or violate privacy of victims and their family members;
4. It shall not force a question, answer, interview, etc. (hereinafter referred to as “interview”) on victims or their family members;
5. It shall obtain consent from a legal representative of a minor to an interview before interviewing the minor among victims and their family members;
6. It shall render corrective broadcasting services where the details of disaster broadcasting services, etc. are untruthful;
(4) The Korea Communications Standards Commission under Article 18 of the Act on the Establishment and Operation of Korea Communications Commission shall monitor the disaster broadcasting services, etc. rendered by the broadcasting business entities under each subparagraph of paragraph (1) and notify the results to the Minister of Science and ICT and the Korea Communications Commission. <Amended by Act No. 13581, Dec. 22, 2015; Act No. 14839, Jul. 26, 2017>
(5) The broadcasting business entities under each subparagraph of paragraph (1) shall draw up and provide a manual for disaster broadcasting services, etc. which includes the matters to be observed under paragraph (3), considering the characteristics, etc. of transmitting disaster broadcasting services, etc. <Amended by Act No. 13581, Dec. 22, 2015>
(6) The broadcasting business entities under each subparagraph of paragraph (1) shall provide training sessions on the manual for disaster broadcasting services, etc. under paragraph (5) to program producers, technical personnel, reporters and announcers, etc. involved in disaster broadcasting services, etc. <Newly Inserted by Act No. 13581, Dec. 22, 2015>
(7) Except as provided in paragraphs (1) through (6), details necessary for the provision, operation, etc. of disaster broadcasting services, etc. shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13581, Dec. 22, 2015>
 Article 40-2 (Host Broadcaster for Disaster Broadcasting Services)
(1) The Minister of Science and ICT and the Korea Communications Commission shall designate the Korean Broadcasting System established under Article 43 of the Broadcasting Act as a host broadcaster for disaster broadcasting services, etc. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The host broadcaster under paragraph (1) may request the head of a central administrative agency, the head of a local government, etc. in charge of the duties associated with disaster status to provide the relevant information quickly.
(3) The host broadcaster under paragraph (1) shall take the following measures:
1. Preparation of human, physical, and technical infrastructure for disaster broadcasting services, etc.;
2. Establishment of a disaster information delivery system, considering those vulnerable to disasters, such as the elderly, the mentally disordered persons, and foreigners;
3. Implementation of regular simulation training for disaster broadcasting services, etc.
(4) Except as provided in paragraphs (2) and (3), the roles of the host broadcaster necessary for the effective production of disaster broadcasting services, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13581, Dec. 22, 2015]
 Article 40-3 (Installation of Facilities for Receiving Disaster Broadcasting Services)
(1) The owners, occupants, and managers of roads under subparagraph 1 of Article 2 of the Road Act, urban railroad facilities under subparagraph 3 of Article 2 of the Urban Railroad Act, and railroad facilities under subparagraph 6 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management (excluding facilities under items (e) through (g)) shall install the following broadcasting communications facilities necessary for the smooth reception of disaster broadcasting services, etc. under Article 40 (1) and civil defense warnings under Article 33 of the Framework Act on Civil Defense in poor reception areas, such as tunnels or underground spaces. In such cases, the State may grant a subsidy to fully or partially cover the expenses required for the installation thereof within budgetary limits: <Amended by Act No. 13581, Dec. 22, 2015; Act No. 15460, Mar. 13, 2018>
1. Relay facilities necessary to receive radio broadcasting defined in subparagraph 1 (b) of Article 2 of the Broadcasting Act;
2. Relay facilities necessary to receive digital multimedia broadcasting defined in subparagraph 1 (d) of Article 2 of the Broadcasting Act.
(2) The Korea Communications Commission shall regularly investigate whether broadcasting communications facilities are installed under paragraph (1) and the state of their reception and shall publish the results of such investigation. <Newly Inserted by Act No. 16015, Dec. 24, 2018>
[This Article Newly Inserted by Act No. 12720, Jun. 3, 2014]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 41 (Preparation and Management of Statistics)
The Minister of Science and ICT or the Korea Communications Commission shall prepare and manage statistics on broadcasting communications, upon consultation with the Commissioner of the Statistics Korea, in order to efficiently establish policies on the development of broadcasting communications. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 42 (Submission of Data)
The Minister of Science and ICT or the Korea Communications Commission may request each broadcasting communications business entity to submit relevant statistics and data, as prescribed by Presidential Decree, where necessary to establish and implement various policies specified in this Act: Provided, That a broadcasting business entity may refuse to submit data, where there exist justifiable reasons, such as the protection of trade secrets. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 43 (Reporting and Inspection)
(1) The Minister of Science and ICT may require a person who has installed broadcasting communications facilities to submit a report on the facilities or assign subordinate public officials to enter the person’s office, business establishment, factory, or place of business and to inspect the current status of the facilities and books or documents related to such facilities, in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Where necessary to verify whether the broadcasting communications facilities have been properly installed and operated;
2. Where necessary to secure smooth broadcasting communications in a state of national emergency or at the time of a disaster or accident.
(2) If a person has installed broadcasting communications facilities in violation of this Act, the Minister of Science and ICT may order the person to remove them or to take other necessary measures. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) Where an inspection is conducted under paragraph (1), the relevant person who has installed broadcasting communications facilities shall be notified of a plan for such inspection, including the date and time of, the reasons for, and the scope of the inspection at least seven days prior to the inspection: Provided, That the foregoing shall not apply to an emergency or cases where giving a prior notice can defeat the purpose of the inspection because of the likelihood of destruction of evidence, etc.
(4) Each public official who conducts an inspection pursuant to paragraph (1) shall carry an identification indicating his or her authority and show it to relevant persons, and shall present a document describing his or her name, the time and purposes of entry, etc. to relevant persons when making an entry.
 Article 44 (Delegation and Entrustment of Authority)
(1) The Minister of Science and ICT or the Korea Communications Commission may delegate or entrust part of the authority under this Act, as prescribed by Presidential Decree, to the head of its affiliated agency, a dedicated institution, or other institutions or organizations prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may entrust the Technology Association with the standardization of broadcasting communications under Article 33, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) The Minister of Science and ICT or the Korea Communications Commission may entrust the KAIT with the preparation and management of statistics under Article 41, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 45 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Any of the following persons shall be deemed a public official in applying Articles 129 through 132 of the Criminal Act: <Amended by Act No. 13581, Dec. 22, 2015>
1. An executive officer or employee of the Korea Association for ICT Promotion under Article 15;
2. An executive officer or employee of the Telecommunications Technology Association under Article 34;
3. A person who performs the duties entrusted under Article 44 (1).
CHAPTER VIII PENALTY PROVISIONS
 Article 46 (Penalty Provisions)
A person who violates an order to remove broadcasting communications facilities under Article 43 (2) shall be punished by imprisonment with labor for up to one year or by a fine of up to 10 million won.
 Article 47 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or individual commits a violation under Article 46 in conducting the business affairs of the corporation or individual, not only shall the violator be punished but the corporation or individual shall be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not been negligent in exercising due care and supervision over the relevant business affairs to prevent such violation.
 Article 48 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine of up to 30 million won: <Amended by Act No. 11200, Jan. 17, 2012; Act No. 13539, Dec. 1, 2015; Act No. 13581, Dec. 22, 2015>
1. A person who fails to follow a corrective order issued under Article 36-2 (2);
2. A person who fails to provide disaster broadcasting services, etc. in violation of Article 40 (2) without any justifiable grounds.
(2) Any of the following persons shall be subject to an administrative fine of up to 10 million won: <Amended by Act No. 13539, Dec. 1, 2015; Act No. 16751, Dec. 10, 2019>>
1. A person who fails to conduct a test under Article 28 (2) or fails to record and manage the results thereof;
2. A person who refuses or evades an investigation or test under Article 28 (5) or who interferes with such investigation or test;
3. A person who manages broadcasting communications facilities without any management regulations under Article 30;
4. A person who violates an order issued under Article 31;
5. A person who fails to submit a plan for the management of disasters in broadcasting communications under Article 36 (2) or who submits false data;
6. A person who fails to report a disaster in broadcasting communications under Article 38 or who falsely reports such disaster;
7. A person who fails to report or falsely reports on the progress of recovery from damage, etc. under Article 39 (4);
7-2. A person who fails to designate a manager of disasters in broadcasting communications in violation of Article 39-2 (1);
8. A person who fails to submit a report under Article 43 (1) or who submits a false report;
9. A person who refuses, obstructs, or evades an inspection under Article 43 (1).
(3) The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Science and ICT or the Korea Communications Commission as prescribed by Presidential Decree. <Amended by Act No. 13539, Dec. 1, 2015; Act No. 14839, Jul. 26, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 24 through 27, Article 6 (1) of these Addenda, and paragraphs (2) (limited to the amended provisions of Articles 36 through 40, 69 (8), and 89 (3)) through (5), (7), (8), and (10) of that Article shall enter into force on January 1, 2011.
Article 2 (Transitional Measures concerning the Korea Association for ICT Promotion)
The Korea Association for ICT Promotion established pursuant to Article 68 of the previous Act on Promotion of Information and Communications Network Utilization and Information Protection as at the time this Act enters into force shall be deemed the Korea Association for ICT Promotion established pursuant to Article 15.
Article 3 (Transitional Measures concerning the Committee for Promotion of Inter-Korean Exchange in Broadcasting)
The committee for the promotion of inter-Korean exchange in broadcasting established pursuant to Article 35-2 of the previous Broadcasting Act as at the time this Act enters into force shall be deemed the committee for the promotion of inter-Korean exchange in broadcasting communications under this Act until the committee for the promotion of inter-Korean exchange in broadcasting communications under Article 22 is established.
Article 4 (Transitional Measures concerning Standards)
The standards under Article 29 of the previous Framework Act on Telecommunications as at the time this Act enters into force shall be deemed the standards under Article 33.
Article 5 (Transitional Measures concerning the Telecommunications Technology Association)
The Telecommunications Technology Association established pursuant to Article 30 of the previous Framework Act on Telecommunications as at the time this Act enters into force shall be deemed the Telecommunications Technology Association under Article 34.
Article 6 Omitted.
Article 7 (Relationship to Other Statutes or Regulations)
A citation of the previous Broadcasting Act, the previous Internet Multimedia Broadcast Services Act, the previous Framework Act on Telecommunications, the previous Act on Promotion of Information and Communications Network Utilization and Information Protection, or provisions of any of the aforesaid Acts by any other statutes or regulations as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the previous provisions, if such corresponding provisions exist in this Act.
ADDENDA <Act No. 10193, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 4 (1) and (3) of these Addenda shall enter into force on January 1, 2011, and paragraph (2) of that Article shall enter into force on September 23, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11200, Jan. 17, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11373, Feb. 22, 2012>
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. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12034, Aug. 13, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12720, Jun. 3, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12743, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13072, Jan. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13539, Dec. 1, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13581, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 25-2 and 45 shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 14574, Mar. 14, 2017>
This Act shall enter into force three months after 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, among the Acts amended under Article 5 of these Addenda, amendments to an Act, which was promulgated before this Act enters into force but the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15370, Feb. 21, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15460, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 16015, Dec. 24, 2018>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16019, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16751, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Payment of Charges in Installments)
The amended provisions of Article 25 (6) shall begin to apply to charges for which the payment deadline does not arrive as at the time this Act enters into force.
Article 3 (Applicability to Additional Charges)
The amended provisions of Article 25 (7) shall begin to apply to additional charges for which the payment deadline has passed on or after the date this Act enters into force.