BROADCASTING ACT
Act No. 3978, Nov. 28, 1987
Amended by Act No. 4183, Dec. 30, 1989
Act No. 4263, Aug. 1, 1990
Act No. 4441, Dec. 14, 1991
Act No. 5145, Dec. 30, 1995
Act No. 5529, Feb. 28, 1998
Act No. 6139, Jan. 12, 2000
Act No. 6690, Apr. 20, 2002
Act No. 6803, Dec. 18, 2002
Act No. 6869, May 10, 2003
Act No. 6905, May 29, 2003
Act No. 7188, Mar. 11, 2004
Act No. 7190, Mar. 12, 2004
Act No. 7213, Mar. 22, 2004
Act No. 7370, Jan. 27, 2005
Act No. 7498, May 18, 2005
Act No. 7655, Aug. 4, 2005
Act No. 7815, Dec. 30, 2005
Act No. 8050, Oct. 4, 2006
Act No. 8060, Oct. 27, 2006
Act No. 8568, Jul. 27, 2007
Act No. 8867, Feb. 29, 2008
Act No. 9280, Dec. 31, 2008
Act No. 9785, Jul. 31, 2009
Act No. 9786, Jul. 31, 2009
Act No. 10165, Mar. 22, 2010
Act No. 10166, Mar. 22, 2010
Act No. 10363, jun. 8, 2010
Act No. 10856, Jul. 14, 2011
Act No. 11199, Jan. 17, 2012
Act No. 11373, Feb. 22, 2012
Act No. 11710, Mar. 23, 2013
Act No. 12033, Aug. 13, 2013
Act No. 12093, Aug. 13, 2013
Act No. 12677, May 28, 2014
Act No. 12743, jun. 3, 2014
Act No. 13220, Mar. 13, 2015
Act No. 13341, jun. 22, 2015
Act No. 13519, Dec. 1, 2015
Act No. 13580, Dec. 22, 2015
Act No. 13821, Jan. 27, 2016
Act No. 13978, Feb. 3, 2016
Act No. 14598, Mar. 14, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15468, Mar. 13, 2018
Act No. 16014, Dec. 24, 2018
Act No. 16750, Dec. 10, 2019
Act No. 17347, jun. 9, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the protection of the rights and interests of the viewers, the formation of the democratic public opinion and the improvement of national culture, and to contribute to the development of broadcasting and advancement of public welfare, by guaranteeing the freedom and independence of broadcasting and by enhancing public responsibilities of broadcasting.
| Article 2 (Definition of Terms) |
The definitions of terms used in this Act shall be as follows: <Amended on Mar. 22, 2004; Oct. 27, 2006; Jan. 26, 2007; Jul. 14, 2011; Mar. 23, 2013; Mar. 13, 2015; Dec. 1, 2015; Dec. 22, 2015; Jan. 27, 2016; Jun. 9, 2020>
| 1. | The term "broadcasting" means planning, programming or producing broadcast programs, and transmitting them to the general public (including the recipients under individual contracts; hereinafter referred to as "viewers") through telecommunication facilities, referring to any of the following items: |
| (a) | Television broadcasting: Broadcasting which transmits broadcast programs comprised of the instant images of stationary or moving objects, and of the voices, sounds, etc. incidental thereto; |
| (b) | Radio broadcasting: Broadcasting which transmits broadcast programs comprised of voices, sounds, etc.; |
| (c) | Datacasting: Broadcasting (excluding provision or mediation of such datacasting through communications networks, such as the Internet; hereinafter the same shall apply) which transmits broadcast programs comprised of, mainly, data (referring to the letters, numerals, diagrams, graphs, images, and other information systems), and of the images, voices, sounds and their combinations incidental thereto using the channels of the broadcasting business entities; |
| (d) | Digital multimedia broadcasting: Broadcasting which transmits television broadcasting, radio broadcasting, and datacasting in complexity using multi-channels for the main purpose of receiving while moving; |
| 2. | The term "broadcasting business" means a business of providing the following broadcasts: |
| (a) | Terrestrial broadcasting business: A business of managing and operating wireless stations on the ground aimed for broadcasting, and of providing broadcasts by using them; |
| (b) | CATV broadcasting business: A business of managing and operating CATV broadcasting stations (referring to the cable broadcasting station facilities and the employees thereof in whole for providing multi-channel broadcasting; hereinafter the same shall apply), and of providing broadcasts by using the transmission and line facilities; |
| (c) | Satellite broadcasting business: A business managing and operating wireless stations by owning or leasing the wireless facilities of artificial satellites, and of providing broadcasts by using them; |
| (d) | Program-providing business: A business of using a specific channel by entering into a contract to exclusively use the whole or some of airing hours of the specific channel with a terrestrial broadcasting business entity, a CATV broadcasting business entity, or a satellite broadcasting business entity; |
| 3. | The term "broadcasting business entity" means any of the following: |
| (a) | Terrestrial broadcasting business entity: A person who has obtained a license under Article 9 (1) for operating a terrestrial broadcasting business; |
| (b) | CATV broadcasting business entity: A person who has obtained a license under Article 9 (2) for operating a CATV broadcasting business; |
| (c) | Satellite broadcasting business entity: A person who has obtained a license under Article 9 (2) for operating a satellite broadcasting business; |
| (d) | Program provider: A person who has registered or obtained approval under Article 9 (5) for operating a program-providing business; |
| (e) | Community radio broadcasting business entity: A person who has obtained a license under Article 9 (11) for providing radio broadcasting for public purposes at ten watt or lower antenna power; |
| 4. | The term "CATV relay broadcasting" means receiving and relay-transmitting (including the audio and video recordings which do not alter any broadcast programs; hereinafter the same shall apply) a terrestrial broadcast (referring to a broadcast done using the wireless stations on the ground aimed for broadcasting), etc.; |
| 5. | The term "CATV relay broadcasting business" means a business of providing CATV relay broadcasts; |
| 6. | The term "CATV relay broadcasting business entity" means a person who has obtained a license under Article 9 (2) for operating a CATV relay broadcasting business; |
| 7. | The term "CATV music broadcasting" means a transmission of music recorded on phonograms sold or distributed under the Music Industry Promotion Act; |
| 8. | The term "CATV music broadcasting business" means a business of providing the CATV music broadcasts; |
| 9. | The term "CATV music broadcasting business entity" means a person who has registered under Article 9 (5) for operating a CATV music broadcasting business; |
| 10. | The term "electric sign board broadcasting" means an act of presenting a broadcast program which includes news reports on an electric sign board at all times or continually for a specified period of time; |
| 11. | The term "electric sign board broadcasting business" means a business of providing electric sign board broadcasting; |
| 12. | The term "electric sign board broadcasting business entity" means a person who has registered under Article 9 (5) for operating an electric sign board broadcasting business; |
| 13. | The term "signal transmission network business" means a business of installing and operating cable or wireless signal transmission and line facilities in order to transmit the broadcast programs from CATV broadcasting stations to viewers; |
| 14. | The term "signal transmission network business entity" means a person who has registered under Article 9 (10) for operating a signal transmission network business; |
| 15. | The term "broadcast programming" means an act of deciding the types, content, quantity, time, and arrangements of the items to be broadcast; |
| 16. | The term "broadcast field" means an area of broadcast programs classified into news reports, culture, entertainment, etc.; |
| 17. | The term "broadcast program" means the broadcast content forming a unit of broadcast programming; |
| 18. | The term "general programming" means an act of organizing the broad cast programs in order to form a mutual harmony between the diverse broadcast fields such as news reports, culture and entertainment; |
| 19. | The term "specialized programming" means an act of specially organizing broadcast programs of a particular broadcast field; |
| 20. | The term "pay television" means a broadcast provided in return for a price by several channel units, channels or broadcast programs under a contract with viewers; |
| 20-2. | The term "channel" means a unit of television broadcasting, radio broadcasting or datacasting provided in the form of continuous flow or information system through the same frequency band; |
| 21. | The term "commercial" means any broadcast content aiming at advertisements; |
| 22. | The term "announcement of sponsors" means an announcement of the names or trade names, etc. of others after receiving from them the expenses, goods, services, manpower or places required directly or indirectly for the production of a broadcast program; |
| 23. | The term "person in charge of broadcast programming" means a person who makes the decisions on broadcast programming and takes the responsibility therefor; |
| 24. | The term "news report" means programming a broadcast program of coverage and report, reviews, commentaries, etc. for current events with regard to overall politics, economy, society, culture, etc. inside and outside Korea; |
| 25. | The term "general watching and listening right" means the right of the people to watch and listen to the broadcasts of sports games and other major events that are greatly popular with them; |
| 26. | The term “technology-combined service” means a service provided through the mixed use of modes of transmission of terrestrial broadcasting business, CATV broadcasting business and satellite broadcasting business, or mixed use of modes of transmission of such broadcasting businesses with the mode of transmission of business providing Internet multimedia broadcast service defined under subparagraph 4 (a) of Article 2 of the Internet Multimedia Broadcast Services Act; |
| 27. | The term "external producer" means any person who produces broadcasting programs to provide them to broadcasting business entities, such as independent producers of broadcast pictures and companies specializing in cultural industries defined under subparagraphs 20 and 21 of Article 2 of the Framework Act on the Promotion of Cultural Industries. |
| Article 3 (Protection of Rights and Interests of Viewers) |
A broadcasting business entity shall encourage the viewers to participate in decision-making with regard to planning, programming, or production of broadcast programs, and shall make the results of broadcasts serve the viewers' interests.
| Article 4 (Freedom and Independence of Broadcast Programming) |
| (1) | The freedom and independence of broadcast programming shall be guaranteed. |
| (2) | No one shall regulate or interfere with the broadcast programming unless as prescribed by this Act or other Acts. |
| (3) | A broadcasting business entity shall appoint a person in charge of broadcast programming, and make an official announcement of his name during broadcasting hours at least once in a day, and guarantee the autonomous broadcast programming for the person in charge of broadcast programming. |
| (4) | A broadcasting business entity engaged in general programming or specialized programming of news reports shall, in order to guarantee an autonomy in the production of broadcast programs, institute a covenant on broadcast programming, reflecting the opinions of the persons engaged in data collection and production, and shall publicly announce it. |
| Article 5 (Public Responsibility of Broadcasting) |
| (1) | A broadcast shall respect the dignity and value of human beings as well as the fundamental democratic order. |
| (2) | A broadcast shall contribute to unifying the people, harmoniously developing the State, and forming the public opinion democratically, and shall not promote any discords among regions, generations, classes, and sexes. |
| (3) | A broadcast shall not defame any third party's reputation or infringe on his/her rights. |
| (4) | A broadcast shall not promote crimes, immoral conducts or a speculative spirit. |
| (5) | A broadcast shall not promote lewdness, decadence or violence which has a negative influence on a sound family life and on a guidance of children and juveniles. |
| Article 6 (Impartiality and Public Interest of Broadcasting) |
| (1) | A broadcast of news reports shall be impartial and objective. |
| (2) | A broadcast shall not be discriminative in broadcast programming on account of sex, age, occupation, religion, belief, class, region, race, etc.: Provided, That the foregoing shall not apply where a broadcasting business entity engaged in a specialized programming with respect to a missionary work of religion within the limit of a relevant broadcast field. |
| (3) | A broadcast shall respect the ethical and emotional sentiments of people, and contribute to the safeguard of the fundamental rights of people and the advancement of international friendship. |
| (4) | A broadcast shall protect and enhance people's right to knowledge and freedom of expression. |
| (5) | A broadcast shall strive to faithfully reflect the interests of the groups or classes that are relatively small in number or at a disadvantage in realization of the pursuit of their interests. |
| (6) | A broadcast shall contribute to the balanced development of local communities and the promotion of national cultures. |
| (7) | A broadcast shall facilitate its social education functions, and diffuse and disseminate useful living information, and contribute to the qualitative improvement of people's cultural life. |
| (8) | A broadcast shall contribute to the propagation of standard language, and endeavor to refine and purify the language. |
| (9) | A broadcast shall, in publicly announcing the policies, etc. of the Government or a specific group, strive to provide an equal opportunity to other groups having different opinions, and also endeavor to maintain a balance in organizing the broadcast programs with respect to each party of political interests. <Amended on Jun. 9, 2020> |
| Article 7 (Scope of Application) |
Matters concerning broadcasting shall be governed by this Act except as otherwise prescribed in other Acts. <Amended on Jun. 9, 2020>
CHAPTER II BROADCASTING BUSINESS ENTITIES, ETC.
| Article 8 (Restrictions, etc. on Ownership) |
| (1) | Where a broadcasting business entity issues stocks, they shall be registered ones. |
| (2) | No one shall own more than 40/100 of the total stocks or equity shares of a terrestrial broadcasting business entity or a program provider that engages in general programming or specialized programming of news reports, including the stocks or equity shares owned by persons having a special relationship prescribed by Presidential Decree (hereinafter referred to as "related party"): Provided, That the foregoing shall not apply to any of the following cases: <Amended on Mar. 22, 2004; Oct. 27, 2006; Jul. 31, 2009; Jun. 9, 2020> |
| 1. | Where the State or a local government owns stocks or equity shares of a broadcasting business entity; |
| 3. | Where any investment is made to a broadcasting business entity that aims at missionary work of religion. |
| (3) | Notwithstanding paragraph (2), a company belonging to an enterprise group that meets the criteria prescribed by Presidential Decree, including the gross amount of assets, among the enterprise groups defined under subparagraph 2 of Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as "conglomerate"), and its affiliates (including related parties), or a corporation (including related parties) that publishes daily newspapers under the Act on the Promotion of Newspapers, Etc. (hereinafter referred to as “daily newspaper”) or runs news communications under the Act on the Promotion of News Communications (hereinafter referred to as "news communications") shall not own more than 10/100 of the total stocks or equity shares of a terrestrial broadcasting business entity, and shall not own 30/100 of the total stocks or equity shares of a program provider engaging in general programming or specialized programming of new reports. <Amended on Dec. 18, 2002; May 29, 2003; Mar. 22, 2004; Jul. 31, 2009; Jan. 27, 2016; Jun. 9, 2020> |
| (4) | Any corporation that runs a daily newspaper business (including related parties) intending to own stocks or equity shares of a terrestrial broadcasting business entity or a program provider engaging in general programming or specialized programming of news reports shall submit information, such as the total number of publication copies and number of pay circulations, as prescribed by Presidential Decree, to the Korea Communications Commission for disclosure in order to ensure its management transparency. Notwithstanding paragraph (3), where the subscription rate (referring to the rate of households which subscribe to a specific pay daily newspaper for a given period, from among the total households, as prescribed by Presidential Decree; hereinafter the same shall apply) is 20/100 or higher than that of a daily newspaper, the corporation shall not concurrently run terrestrial broadcasting business and program-providing business that engage in general programming or specialized programming of news reports. <Newly Inserted on Jul. 31, 2009> |
| (5) | No corporation (including related parties) that publishes a daily newspaper or runs news communications shall own more than 49/100 of the total stocks or equity shares of any CATV broadcasting business entity or satellite broadcasting business entity. <Amended on Jan. 26, 2007; Jul. 31, 2009; Jan. 27, 2016> |
| (6) | A terrestrial broadcasting business entity, a CATV broadcasting business entity, and a satellite broadcasting business entity shall not mutually and concurrently operate their business or own their stocks or equity shares in excess of limits prescribed by Presidential Decree, in consideration of market shares, the number of business entities, etc. <Amended on Jul. 31, 2009; Jun. 9, 2020> |
| (7) | A terrestrial broadcasting business entity, a CATV broadcasting business entity, a satellite broadcasting business entity, a program provider and a signal transmission network business entity shall not mutually and concurrently operate their business or own their stocks or equity shares in excess of limits prescribed by Presidential Decree, in consideration of market shares, broadcasting fields, the number of business entities, etc. <Amended on Oct. 27, 2006; Jun. 9, 2020> |
| (8) | A terrestrial broadcasting business entity, a CATV broadcasting business entity, or a satellite broadcasting business entity shall not concurrently operate another terrestrial broadcasting business, CATV broadcasting business, or satellite broadcasting business respectively, or own their stocks or equity shares in excess of limits prescribed by Presidential Decree, in consideration of market shares, the number of business entities, etc.: Provided, That the foregoing shall not apply where a terrestrial broadcasting business entity, in which the Foundation for Broadcast Culture established under the Foundation for Broadcast Culture Act is the largest investor, owns stocks or equity shares of another affiliated terrestrial broadcasting business entity as at the time this Act enters into force. <Amended on Mar. 22, 2004; Jul. 27, 2007; Jul. 31, 2009; Jun. 9, 2020> |
| (9) | A program provider shall not concurrently operate other programs providing business or own its stocks or equity shares in excess of limits prescribed by Presidential Decree, in consideration of market share, the number of business entities, etc. <Amended on Jul. 31, 2009; Jun. 9, 2020> |
| (10) | No political party shall own any stocks or equity shares of a broadcasting business entity. <Amended on Mar. 12, 2004; Jul. 31, 2009> |
| (11) | Persons subject to prohibition of concurrent operation and restriction on ownership under paragraphs (6) through (9) include related parties to them. <Amended on Jul. 31, 2009> |
| (12) | No person who owns stocks or equity shares, in violation of paragraphs (2) through (10), shall exercise his/her voting right to the stocks or equity shares owned in excess. <Amended on Jul. 31, 2009; Jun. 9, 2020 |
| (13) | The Minister of Science and ICT or the Korea Communications Commission may order a person who violates any of the following to rectify the relevant violation as follows within a given period not exceeding six months: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The Minister of Science and ICT; |
| (a) | A person who violates paragraph (5); |
| (b) | A person who violates paragraphs (6) through (9) (limited to a broadcasting business entity, other than a broadcasting business entity referred to in Article 14 (6) 2, and a signal transmission network business entity); |
| 2. | The Korea Communications Commission; |
| (a) | A person that violates paragraphs (2) through (4), (10), (14) or (15); |
| (b) | A person that violates paragraphs (6) through (9) (limited to a broadcasting business entity referred to in Article 14 (6) 2). |
| (14) | None of the following entities shall become a community radio broadcasting business entity: <Newly Inserted on Oct. 27, 2006; Jul. 31, 2009> |
| 1. | The Government of the Republic of Korea; |
| 3. | A religious organization; |
| 5. | A person who intends to operate a community radio broadcasting business for profit. |
| (15) | No community radio broadcasting business entity shall own more than one broadcasting station. <Newly Inserted on Oct. 27, 2006; Jul. 31, 2009> |
| (16) | No specific CATV broadcasting business entity shall provide a service in excess of 1/3 of the total number of subscribers to pay television service, including CATV broadcasting, satellite broadcasting and Internet multimedia broadcasting defined under subparagraph 1 of Article 2 of the Internet Multimedia Broadcast Services Act, by adding up the number of the subscribers to the following broadcasting business entities who are related parties to the relevant business entity: <Newly Inserted on Jun. 22, 2015> |
| 1. | A CATV broadcasting business entity; |
| 2. | A satellite broadcasting business entity; |
| (17) | No specific satellite broadcasting business entity shall provide a service in excess of 1/3 of the total number of subscribers to pay television service, including CATV broadcasting, satellite broadcasting, and Internet multimedia broadcasting defined under subparagraph 1 of Article 2 of the Internet Multimedia Broadcast Services Act, by adding up the number of the subscribers to the following broadcasting business entities who are related parties to the relevant business entity: <Newly Inserted on Jun. 22, 2015> |
| 1. | A CATV broadcasting business entity; |
| 2. | A satellite broadcasting business entity; |
| (18) | The Minister of Science and ICT may designate a region where only satellite broadcasts are received, such as an island and a mountain region, as an exception area that can be excluded from calculating the number of subscribers pursuant to paragraphs (16) and (17). <Newly Inserted on Jun. 22, 2015; Jul. 26, 2017> |
| (19) | The calculation and verification of the number of subscribers pursuant to paragraphs (16) and (17), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Jun. 22, 2015> |
[Paragraph (16) 2 and 3 and paragraph (17) of this Article remains valid until June 27, 2018 pursuant to Article 2 of the Addenda to Act No. 13341 (Jun. 22, 2015)]
| Article 9 (Licenses Approval and Registration) |
| (1) | A person who intends to operate a terrestrial broadcasting business shall obtain a license from the Korea Communications Commission. In such case, the Korea Communications Commission shall request a technical evaluation related to opening of wireless stations under the Radio Waves Act to the Minister of Science and ICT, and shall reflect the results of the evaluation forwarded by the Minister of Science and ICT to the license thereof. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A person who intends to operate a satellite broadcasting business shall obtain a license from the Minister of Science and ICT for a broadcasting station, as prescribed by the Radio Waves Act, and a person who intends to operate a CATV broadcasting business or CATV relay broadcasting business shall obtain a license from the Minister of Science and ICT with facilities and technologies that satisfy the standards prescribed by Presidential Decree. In such cases, the Minister of Science and ICT shall obtain prior consent from the Korea Communications Commission. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Notwithstanding paragraph (2), where a CATV relay a broadcasting business entity that satisfies the standards prescribed by Presidential Decree intends to operate a CATV broadcasting business, he/she shall obtain approval from the Minister of Science and ICT. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (4) | A person who has obtained approval under paragraph (3) shall be deemed to have obtained a license for CATV broadcasting business entity defined under subparagraph 3 (b) of Article 2 from the date he/she obtained such approval. <Amended on Jun. 9, 2020> |
| (5) | A person who intends to operate a program-providing business, electric signboard broadcasting business, or CATV music broadcasting business shall be registered with the Minister of Science and ICT: Provided, That a person who intends to operate a program-providing business engaged in general programming or specialized programming of news reports shall obtain approval from the Korea Communications Commission, and a person who intends to operate a program-providing business that engage in specialized programming featuring and marketing products shall obtain approval from the Minister of Science and ICT. In such cases, a person registered or granted approval to conduct datacasting shall report on the value-added telecommunications business under Article 22 of the Telecommunications Business Act within seven days from the date of registration or such approval. <Amended on Mar. 22, 2004; Feb. 29, 2008; Mar. 22, 2010; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (6) | A person who intends to operate a business that provides satellite broadcasts utilizing wireless facilities of a satellite of a foreign country (limited to those, the signals of which can be received within the Korean territory) shall obtain approval from the Minister of Science and ICT. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (7) | Provisions applicable to satellite broadcasting business entities defined under subparagraph 3 (c) of Article 2 shall apply mutatis mutandis to a person who has obtained approval under paragraph (6). <Amended on Jun. 9, 2020> |
| (8) | A person who intends to use a specific channel of a wireless station of a satellite of a foreign country (limited to those, the signals of which can be received within the Korean territory) upon entering into a contract to exclusively use the specific channel for the whole or some of airing hours shall obtain approval from the Minister of Science and ICT. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (9) | Provisions applicable to program providers defined under subparagraph 3 (d) of Article 2 shall apply mutatis mutandis to a person who has obtained approval under paragraph (8). <Amended on Jun. 9, 2020> |
| (10) | A person who intends to operate a signal transmission network business shall be registered with the Minister of Science and ICT. In such case, the Minister of Science and ICT shall not refuse registration unless an application for registration falls under any of the following: <Amended on Mar. 13, 2015; Jul. 26, 2017> |
| 1. | Where the application fails to meet the registration requirements prescribed by Presidential Decree, such as financial capacity and technical personnel; |
| 2. | Where the applicant for registration violates Article 13 (1); |
| 3. | Where the representative of a corporation who has applied for registration falls under any of subparagraphs 1 through 6 of Article 13 (3); |
| 4. | Where the application otherwise violates the restrictions imposed under this Act or other statutes or regulations. |
| (11) | A person who intends to operate a community radio broadcasting business shall obtain a license from the Korea Communications Commission. In such case, the Korea Communications Commission shall request a technical evaluation related to opening of wireless stations under the Radio Waves Act to the Minister of Science and ICT, and shall reflect the results of the evaluation forwarded by the Minister of Science and ICT to the license thereof. Other detailed matters necessary for operation, such as programming and financial resources of community radio broadcasting business entities, shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (12) | Procedures for licenses, approval, and registration under paragraphs (1) through (11) and other necessary matters shall be prescribed by Presidential Decree. <Amended on Oct. 27, 2006; Jul. 27, 2007; Feb. 29, 2008; Jun. 9, 2020> |
[Title Amended on Jul. 29, 2008]
| Article 9-2 (Requirements for Registration of Program Providing Business) |
| (1) | Those who intend to register a program providing business under the main clause of Article 9 (5) shall meet the following requirements: |
| 1. | Both paid-in capital and actual capital (referring to capital only for the said program providing business) shall each be not less than five hundred million won. In such cases, the "capital" shall be deemed to be the "money invested" in the case of a corporation other than a stock company; |
| 2. | There shall be a master control room (referring to a place in which broadcast programming and transmission are comprehensively controlled), a subcontrol room (referring to a place in which the production of individual broadcast programs is controlled), a comprehensive editing room (referring to a place in which individual broadcast programs are completed by editing the audio, video, sound, etc.) and a transmission facility; |
| 3. | There shall be an office in which the said program providing business is capable of being carried out; |
| 4. | The same channel name used by any other broadcasting business entity or a channel name that may confuse viewers shall not be used. |
| (2) | When a person concurrently operates several program providing businesses, matters necessary for the standards, etc. for the application of capital requirements under paragraph (1) 1 shall be provided for in Presidential Decree. |
[This Article Newly Inserted on Jul. 27, 2007]
| Article 9-3 (Approval for Technology-Combined Services) |
| (1) | Any terrestrial broadcasting business entity (excluding a community radio broadcasting business entity; hereafter the same shall apply in subparagraph (5) of this Article, Article 18 (2) and Article 19 (2)), CATV broadcasting business entity, satellite broadcasting business entity or Internet multimedia broadcast service provider defined under subparagraph 5 (a) of Article 2 of the Internet Multimedia Broadcast Services Act (hereinafter referred to as “Internet multimedia broadcast service provider”) shall obtain approval from the Minister of Science and ICT or the Korea Communications Commission as follows in order to provide a technology-combined service: <Amended on Jul. 26, 2017> |
| 1. | A terrestrial broadcasting business entity: the Korea Communications Commission; |
| 2. | A CATV broadcasting business entity, a satellite broadcasting business entity or an Internet multimedia broadcast service provider: the Minister of Science and ICT. |
| (2) | Where the Korea Communications Commission intends to grant approval pursuant to paragraph (1), it shall request a technical evaluation related to wireless stations under the Radio Waves Act to the Minister of Science and ICT to the Minister of Science and ICT and shall reflect the results of the evaluation forwarded by the Minister of Science and ICT to such approval. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT or the Korea Communications Commission may impose conditions necessary for such purposes as protecting viewers’ right or facilitating fair competition when approving a technology-combined service pursuant to paragraph (1). <Amended on Jul. 26, 2017> |
| (4) | Where the validity of the license of a business entity who has obtained approval to provide a technology-combined service pursuant to paragraph (1) expires, the validity of approval for the technology-combined service also deem to expire. |
| (5) | Any terrestrial broadcasting business entity, CATV broadcasting business entity, satellite broadcasting business entity or Internet multimedia broadcast service provider that intends to continue providing a technology-combined service upon expiration of the validity of approval, shall obtain re-approval from the Minister of Science and ICT or the Korea Communications Commission, as classified in the subparagraphs of paragraph (1). Paragraph (2) shall apply mutatis mutandis to such case. <Amended on Jul. 26, 2017> |
| (6) | A business entity who has obtained approval pursuant to paragraph (1) shall report to the Minister of Science and ICT or the Korea Communications Commission, as prescribed by Ordinance of the Ministry of Science and ICT or the Korea Communications Commission's regulations in order to discontinue or suspend the provision of technology-combined service. <Amended on Jul. 26, 2017> |
| (7) | Standards and procedures for examination of approval and re-approval under paragraphs (1) and (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 10 (Criteria and Procedures for Evaluation) |
| (1) | Where the Minister of Science and ICT or the Korea Communications Commission grants a license under Article 9 (1) and (2), and Article 11 or authorization under paragraphs (3), (5), (6) and (8) of the same Article, it shall evaluate each of the following matters and publicly announce the results of evaluation: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| 1. | Possibility of realizing the public responsibility, impartiality and public interest of broadcasting; |
| 2. | Appropriateness of the planning, programming and production plans of broadcast programs; |
| 3. | Regional, social and cultural necessity and validity; |
| 4. | Appropriateness of management plans such as the organization and manpower operation; |
| 5. | Financial and technical capability; |
| 6. | Support plans for the advancement of broadcasting; |
| 7. | Other matters necessary for conducting the business. |
| (2) | The Minister of Science and ICT or the Korea Communications Commission shall, where it conducts an evaluation under paragraph (1), openly hear the opinions of the viewers, and make a public announcement on whether their opinions have been reflected. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | Where the Minister of Science and ICT grants a license to a person who intends to operate a CATV broadcasting business, it shall hear the opinions of the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor (hereinafter referred to as "Mayor/Do Governor"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 11 (Public Notification of Broadcast Fields, etc.) |
The Minister of Science and ICT may, in order to have the specialty of broadcast programs and the variety of channels embodied, make a public notification of programming ratios, etc. according to the broadcast fields of specialized programming and the types of broadcast programs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>
| Article 12 (Grounds for Regional Business Privilege) |
| (1) | Where the Minister of Science and ICT grants a license for a CATV broadcasting business or a CATV relay broadcasting business under Article 9 (2), it may grant a privilege to operate the business within a specified broadcasting zone (hereinafter referred to as "regional business privilege"). The same shall apply when granting authorization for a CATV broadcasting business under the provisions of Article 9 (3). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (2) | Broadcasting zones under paragraph (1) and business zones of CATV music broadcasting shall be publicly announced by the Minister of Science and ICT in consideration of the zone of community resident life, geographical conditions and telecommunication facilities with a focus on the administrative districts, under the consultation with the head of the relevant central administrative agencies and Mayors/Dos Governors. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | Deleted. < May 18, 2005> |
| Article 13 (Grounds for Disqualification) |
| (1) | The State, a local government or a person who is not a corporation shall not operate a broadcasting business or signal transmission network business. The same shall apply to a person for whom three years have not passed after his/her license, approval or registration was revoked under Article 18. <Amended on Jun. 9, 2020> |
| (2) | None of the following persons shall operate a CATV relay broadcasting business or a CATV music broadcasting business: <Amended on Jun. 9, 2020> |
| 1. | A foreigner or a foreign government or organization; |
| 2. | A minor or quasi-incompetent person; |
| 3. | A person who was declared bankrupt, but has not yet been reinstated; |
| 4. | A person who was sentenced to a fine or greater punishment for violating this Act, and for whom three years have not passed since his/her sentence was completely executed or the non-execution of such sentence became final, or a person who is in the period of suspended sentence; |
| 5. | A person for whom two years have not passed since a license or registration for a CATV relay broadcasting business or CATV music broadcasting business was revoked under Article 18. |
| (3) | None of the following persons shall be a representative or a person in charge of broadcast programming of a corporation that has obtained a license or approval or has been registered under Article 9 (1), (2), (3), (5), (6), (8), (10) and (11): <Amended on Aug. 4, 2005; Jan. 27, 2016; Jun. 9, 2020> |
| 1. | A person whose nationality is not the Republic of Korea; |
| 2. | A minor or quasi-incompetent person; |
| 3. | A person who was declared bankrupt, but has not yet been reinstated; |
| 4. | A person who was sentenced to a fine or greater punishment for violating this Act, and for whom three years have not passed since his/her sentence was completely executed or the non-execution of such sentence became final, or a person who is in the period of suspended sentence; |
| 7. | A representative of a foreign corporation or organization (not applicable to the signal transmission network business). |
| Article 14 (Foreign Capital Investment and Contribution) |
| (1) | No terrestrial broadcasting business entity or community radio broadcasting business entity shall receive an investment or a contribution of property from any of the following entities: Provided, That it may receive property contributions from a foreign organization operated for facilitating education, athletics, religion, charity and other international friendship, if it has obtained approval from the Korea Communications Commission: <Amended on Feb. 29, 2008; Jul. 31, 2009; Mar. 23, 2013; Jun. 9, 2020> |
| 1. | A foreign government or organization; |
| 3. | A corporation, stocks or equity shares of which are owned by a foreign government or organization or a foreigner in excess of the ratio prescribed by Presidential Decree. |
| (2) | A program provider engaging in general programming or a CATV relay broadcasting business entity shall not receive an investment or contribution of property from any of the entities referred to in the subparagraphs of paragraph (1), in excess of 20/100 of the total stocks or equity shares of the relevant corporation; and a program provider engaging in specialized programming of news reports shall not receive an investment or contribution of property from any of the entities referred to in the subparagraphs of paragraph (1) in excess of 10/100 of the total stocks or equity shares of the relevant corporation. <Amended on Jul. 31, 2009> |
| (3) | A CATV broadcasting business entity, satellite broadcasting business entity and program provider (excluding a person engaging in general programming or specialized programming of news reports) or a signal transmission network business entity shall not receive an investment or contribution of property from any of the entities referred to in the subparagraphs of paragraph (1) in excess of 49/100 of the total stocks or equity shares of the relevant corporation: Provided, That in cases of program provider (excluding a person engaging in general programming, specialized programming of news reports, or specialized programming featuring and marketing products), no corporation, the stocks or equity shares of which are owned by the government, an organization or a national of the contracting country of any free trade agreement determined and notified by the Minister of Science and ICT, among the free trade agreements that the Republic of Korea entered into with a foreign country bilaterally or multi-laterally and has taken effect, shall deem an entity referred to in paragraph (3) 1 although it meets the requirements provided in paragraph (3) 1. <Amended on Mar. 22, 2004; Jul. 31, 2009; Mar. 13, 2015; Jul. 26, 2017; Dec. 10, 2019; Jun. 9, 2020> |
| (4) | The stocks or equity shares owned by all entities referred to in the subparagraphs of paragraph (1) shall be aggregated for the application of paragraphs (2) and (3). <Newly Inserted on Mar. 22, 2004; Jun. 9, 2020> |
| (5) | Where a broadcasting business entity, a CATV relay broadcasting business entity or a signal transmission network business entity violates any of paragraphs (1) through (3), the owner of the stocks or equity shares who has provided the ground for such a violation may not exercise the voting rights to the pertinent owned portion or excess portion. <Newly Inserted on Mar. 22, 2004; Jun. 9, 2020> |
| (6) | Where a broadcasting business entity, a CATV relay broadcasting business entity or a signal transmission network business entity violates any of paragraphs (1) through (3), the Minister of Science and ICT or the Korea Communications Commission may issue an order to correct the pertinent matters to any of the following persons within a specified period not exceeding six months: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The Minister of Science and ICT: A broadcasting business entity, other than that referred to in subparagraph 2, the CATV relay broadcasting business entity, the signal transmission network business entity, or the owner of the stocks or equity shares who has provided the ground for such a violation; |
| 2. | The Korea Communications Commission: A terrestrial broadcasting business entity, a community radio broadcasting business entity or a program provider engaged in general programming or specialized programming of news reports, or the owner of the stocks or equity shares who has provided the ground for such a violation. |
| Article 15 (License, etc. for Modification) |
| (1) | When a broadcasting business entity, CATV relay broadcasting business entity, CATV music broadcasting business entity or electric sign board broadcasting business entity intends to modify any of the following matters, it shall obtain a license for modification or approval for modification therefrom, or register the modification with the Minister of Science and ICT or the Korea Communications Commission. In such cases, Article 9 (1), (2), (3), (5), (6), (8), (10) and (11) shall apply mutatis mutandis to such procedures: <Amended on Dec. 18, 2002; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Dec. 10, 2019; Jun. 9, 2020> |
| 1. | Merger or division of the relevant corporation; |
| 2. | Conversion of the business run by an individual to the business of a corporation; |
| 3. | Deleted; <Oct. 27, 2006> |
| 4. | Transfer of the business run by an individual; |
| 5. | A modification of broadcast fields; |
| 6. | A modification of the broadcasting zone; |
| 7. | Other modifications of important facilities prescribed by Presidential Decree. |
| (2) | A terrestrial broadcasting business entity or community radio broadcasting business entity shall report without delay to the Korea Communications Commission upon the change of any of the following matters: <Amended on Dec. 18, 2002; Feb. 29, 2008; Mar. 23, 2013> |
| 2. | The person in charge of broadcast programming; |
| 3. | Name or trade name of the corporation; |
| 4. | Location of its principal office. |
| (3) | A broadcasting business entity (excluding a terrestrial broadcasting business entity and community radio broadcasting business entity), CATV relay broadcasting business entity, CATV music broadcasting business entity or electric sign board broadcasting business entity report without delay to the Minister of Science and ICT upon the change of any of the following matters: Provided, That a program provider engaged in general programming or specialized programming of news reports shall report without delay to the Korea Communications Commission: <Amended on Dec. 18, 2002; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| 2. | The person in charge of broadcast programming (limited to any broadcasting business entity); |
| 3. | Name or trade name of the corporation; |
| 4. | Location of its principal office. |
| Article 15-2 (Modified Approval for Largest Investor, etc.) |
| (1) | A person who intends to be the largest investor (referring to a person who has the highest ratio of the voting stocks or equity shares by aggregating the stocks or equity shares of the person him/herself who is the investor in the relevant business entity and related parties to such person; hereinafter the same shall apply) of or to substantially control the management right of the relevant business entity through the acquisition, etc. of the stocks or equity shares of a broadcasting business entity or a CATV relay broadcasting business entity shall obtain approval of the Minister of Science and ICT or the Korea Communications Commission, as classified below: Provided, That a person who intends to be the largest investor in, or to substantially control the management right of, a program provider registered under the main clause of Article 9 (5) shall report to the Minister of Science and ICT: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Dec. 10, 2019; Jun. 9, 2020> |
| 1. | A person who intends to become the largest investor of or to substantially control the management right of a broadcasting business entity or CATV relay broadcasting business entity under Article 14 (6) 1: the Minister of Science and ICT; |
| 2. | A person who intends to become the largest investor of or to substantially control the management right of a broadcasting business entity under Article 14 (6) 2: the Korea Communications Commission. |
| (2) | The Minister of Science and ICT or the Korea Communications Commission shall examine the following matters before granting approval under the main clause of paragraph (1): <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| 1. | Possibility of realizing the public responsibility, impartiality and public interest of broadcasting; |
| 2. | Social confidence and financial capacity; |
| 3. | Protection of the right and interest of viewers; |
| 4. | Other matters necessary for business performance. |
| (3) | A person who has become the largest investor or a person who has come to substantially control the management right without obtaining approval under the main clause of paragraph (1) shall not exercise his/her voting rights with respect to the stocks or equity shares acquired without obtaining approval, and the Minister of Science and ICT or the Korea Communications Commission may issue an order necessary for correction, such as disposing of the stocks or equity shares, the person who has acquired the relevant stocks or equity shares within a specified period not exceeding six months. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Dec. 10, 2019; Jun. 9, 2020> |
| (4) | The cases where a person has come to substantially control the management right under paragraphs (1) and (3), procedures for approval and reporting and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
[This Article Newly Inserted on Oct. 27, 2006]
| Article 16 (Period of Validity of License or Approval) |
The period of validity of a license for a CATV broadcasting business or CATV relay broadcasting business granted under Article 9 (2), and a program provider granted approval under the proviso to Article 9 (5) shall be prescribed by Presidential Decree within seven years. <Amended on Jul. 31, 2009; Jan. 27, 2016> [This Article Wholly Amended on Jun. 27, 2006]
| Article 17 (Renewed Licenses, etc.) |
| (1) | A broadcasting business entity (excluding a program provider) and a CATV relay broadcasting business entity shall obtain a renewed license from the Minister of Science and ICT or the Korea Communications Commission in order to continue broadcasting after expiration of the period of validity of its license. Article 9 (1), (2) and (11) shall apply mutatis mutandis to such cases. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A program provider who has obtained approval prescribed in the proviso to Article 9 (5) shall obtain renewed approval from the Minister of Science and ICT or the Korea Communications Commission in order to continue broadcasting after expiration of the period of validity of the approval. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | Where the Minister of Science and ICT or the Korea Communications Commission grants a renewed license or renewed approval prescribed in paragraph (1) or (2), it shall evaluate the matters provided for in the subparagraphs of Article 10 (1) and the following matters, and publicly announce the results thereof: <Amended on Feb. 29, 2008; Feb. 22, 2012; Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020> |
| 1. | Evaluation of broadcasting pursuant to Article 31 (1); |
| 2. | Frequency of correction orders issued under this Act and examples of non-compliances with such correction orders; |
| 2-2. | Whether the statutes or regulations prescribed by Presidential Decree are violated, in consideration of the public accountability of broadcasting; |
| 3. | Evaluation of broadcasting programs by the Viewers Committee; |
| 4. | Level of contribution to developing the local communities; |
| 5. | Whether supporting plans are implemented for the development of broadcasting; |
| 6. | Whether other matters to be complied with by broadcasting business entities are observed as at the time when the license or approval is granted. |
| (4) | Article 10 (2) and (3) shall apply mutatis mutandis to a renewed license prescribed in paragraph (1) or renewed approval prescribed in paragraph (2). <Amended on Feb. 29, 2008; Jun. 9, 2020> |
| Article 18 (Revocation of Licenses, Approval or Registration, etc.) |
| (1) | Where any of the following applies to a broadcasting business entity, a CATV relay broadcasting business entity, a CATV music broadcasting business entity, an electric sign board broadcasting business entity, or a signal transmission network business entity, the Minister of Science and ICT or the Korea Communications Commission may issue an order revoking a license, approval or registration, fully or partially suspending the relevant business, suspending advertisement, or reducing the period of validity of a license and approval granted under Article 16 within a specified period of up to six months, depending on the business affair under his/her jurisdiction: Provided, That the foregoing shall not apply where the representative of a corporation or the person in charge of broadcast programming, who falls under any subparagraph of Article 13 (3) is replaced with a new executive officer within three months: <Amended on Jul. 27, 2007; Feb. 29, 2008; Jul. 31, 2009; Mar. 23, 2013; May 28, 2014; Mar. 13, 2015; Dec. 22, 2015; Jul. 26, 2017; Jun. 9, 2020> |
| 1. | Where he/she obtains the license, modified license or renewed license, or approval, modified approval or renewed approval, or files for registration or modified registration by fraud or other improper means; |
| 2. | Where he/she owns stocks or equity shares, in violation of Article 8; |
| 3. | Where he/she falls under grounds for disqualification prescribed in Article 13; |
| 4. | Where he/she accepts an investment or contribution of property, in violation of Article 14; |
| 5. | Where he/she fails to commence broadcasting or a business within two years after obtaining the license, approval, or completed registration prescribed in this Act; |
| 6. | Where he/she fails to obtain a modified license or approval or to file for modified registration, in violation of Article 15 (1); |
| 7. | Where he/she fails to comply with an order, etc. that requires him/her to modify the terms and conditions or to give notice reminding modifications prescribed in Article 77 (3); |
| 8. | Deleted; <Jan. 27, 2016> |
| 8-2. | Where he/she fails to comply with an order to maintain or resume broadcasting issued under Article 91-7 (1); |
| 9. | Where he/she fails to comply with either a corrective order issued under Article 99 (1) or an order to improve the relevant facilities issued under Article 99 (2); |
| 10. | Where he/she fails to comply with a sanction imposed under Article 100 (1); |
| 11. | Where he/she fails to implement an order issued under Article 69-2 (5); |
| 12. | Where a broadcasting business entity organizes channels impartially by internal or external unreasonable interference; |
| 13. | Where the Minister of Science and ICT was notified by the Korea Communications Commission pursuant to the latter part of Article 85-2 (2). |
| (2) | Where any terrestrial broadcasting business entity, CATV broadcasting business entity, satellite broadcasting business entity or Internet multimedia broadcast service provider has obtained approval and re-approval pursuant to Article 9-3 (1) and (5) by fraud or other improper means, the Minister of Science and ICT or the Korea Communications Commission may issue an order revoking such approval, fully or partially suspending its business, suspending advertisement or reducing the period of validity of such approval within a specified period of up to six months. <Newly Inserted on Dec. 22, 2015; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | Where a program provider registered under the main clause of Article 9 (5) falls under any of the following subparagraphs, the Minister of Science and ICT may revoke the registration: <Newly Inserted on Dec. 10, 2019> |
| 1. | Where a program provider has not broadcast for at least five consecutive years; |
| 2. | Where a program provider closes his/her business without filing a report thereon pursuant to Article 84 (1). |
| (4) | Matters necessary for the criteria and procedures for issuing orders under paragraphs (1) and (2), methods for verifying matters under the subparagraphs of paragraph (3), etc. shall be prescribed by Presidential Decree. <Amended on Jul. 27, 2007; Jul. 31, 2009; Dec. 22, 2015; Dec. 10, 2019> |
| (5) | Where the Minister of Science and ICT or the Korea Communications Commission revokes a license, approval or registration under paragraph (1) or where a business entity fails to obtain a renewed license or renewed approval prescribed in Article 17, he/she may allow the relevant business entity to continue broadcasting for a specified period of up to 12 months until his/her successor commences broadcasting, as prescribed by Presidential Decree. <Newly Inserted on Jul. 31, 2009; Mar. 23, 2013; Jul. 26, 2017; Mar. 13, 2018; Dec. 10, 2019> |
| Article 19 (Imposition of Penalty Surcharges) |
| (1) | The Minister of Science and ICT or the Korea Communications Commission may impose a penalty surcharge not exceeding 100 million won in lieu of suspension of business, where he/she or it should suspend the business of a broadcasting business entity, a CATV relay broadcasting business entity, a CATV music broadcasting business entity, an electric sign board broadcasting business entity or a signal transmission network business on the ground provided in any subparagraph of Article 18 (1), however, such suspension of business is likely to cause serious inconveniences to viewers or to hamper public interests. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (2) | The Minister of Science and ICT or the Korea Communications Commission may impose a penalty surcharge not exceeding 100 million won in lieu of the suspension of business, where he/she or it should suspend the business of a terrestrial broadcasting business entity, CATV broadcasting business entity, satellite broadcasting business entity or Internet multimedia broadcast service provider on the ground provided in Article 18 (2), however, such suspension of business is likely to cause serious inconveniences to viewers or to hamper to public interests. <Newly Inserted on Dec. 22, 2015; Jul. 26, 2017> |
| (3) | Deleted. <Oct. 27, 2006> |
| (4) | Deleted. <Oct. 27, 2006> |
CHAPTER III WORKING COMMITTEES, ETC.
| Article 20 Deleted. <Feb. 29, 2008> |
| Article 21 Deleted. <Feb. 29, 2008> |
| Article 22 Deleted. <Feb. 29, 2008> |
| Article 23 Deleted. <Feb. 29, 2008> |
| Article 24 Deleted. <Feb. 29, 2008> |
| Article 25 Deleted. <Feb. 29, 2008> |
| Article 26 Deleted. <Feb. 29, 2008> |
| Article 27 Deleted. <Feb. 29, 2008> |
| Article 28 Deleted. <Feb. 29, 2008> |
| Article 29 Deleted. <Feb. 29, 2008> |
| Article 30 Deleted. <Feb. 29, 2008> |
| Article 31 (Broadcast Review Committee) |
| (1) | The Korea Communications Commission may comprehensively evaluate the content, programming, operation, etc. of broadcast programs of a broadcasting business entity. <Amended on Feb. 29, 2008> |
| (2) | The Korea Communications Commission may establish a Broadcast Review Committee to efficiently perform the review duties under paragraph (1). <Amended on Feb. 29, 2008> |
| (3) | Members of the Broadcast Review Committee shall be commissioned by the Chairperson of the Korea Communications Commission upon the consent of the Korea Communications Commission, and matters necessary for its composition and operation shall be determined by the Korea Communications Commission's regulations. <Amended on Feb. 29, 2008> |
| Article 32 (Deliberation on Impartiality and Public Nature of Broadcast) |
The Korea Communications Standards Commission shall deliberate on and pass a resolution as to whether the contents of a broadcast, a CATV relay broadcast and an electric sign board broadcast, or the contents of information similar to a broadcast and the information prescribed by Presidential Decree, from among the information circulated through telecommunication circuits aiming at opening to the public, maintain their impartiality and public nature, and as to whether they observe public responsibilities, after they are broadcasted or circulated. In such cases, the characteristics by medium and by channel shall be taken into consideration. <Amended on Feb. 29, 2008; Jul. 31, 2009; Jun. 9, 2020>
| Article 33 (Review Regulations) |
| (1) | The Korea Communications Standards Commission shall formulate and publicly announce rules concerning the review of broadcasts (hereinafter referred to as "Review Regulations") to deliberate on the impartiality and public nature of broadcasts. <Amended on Feb. 29, 2008> |
| (2) | Review Regulations formulated under paragraph (1) shall include the following: <Amended on Oct. 27, 2006; Feb. 29, 2008; Jul. 31, 2009; May 28, 2014; Dec. 10, 2019; Jun. 9, 2020> |
| 1. | Matters concerning maintaining the fundamental democratic order provided in the Constitution, and respect for human rights; |
| 2. | Matters concerning protecting sound family lives; |
| 3. | Matters concerning protecting children and youths and sound character building; |
| 4. | Matters concerning public morals and social ethics; |
| 5. | Matters concerning gender equality; |
| 6. | Matters concerning advancing international friendship; |
| 7. | Matters concerning enhancing the rights and the interests of classes alienated by the broadcasting, such as persons with disabilities; |
| 8. | Matters concerning prohibition against discrimination on grounds of race, nationality, region, religion, etc.; |
| 9. | Matters concerning promoting national culture and cultivating national identity; |
| 10. | Matters concerning the impartiality and public nature of news reports or commentaries; |
| 11. | Matters concerning purifying a language; |
| 12. | Matters concerning protecting the natural environment; |
| 13. | Matters concerning sound consumption and protection of the rights and interests of viewers; |
| 14. | Matters concerning the prevention of suicide and the creation of culture of respect for life; |
| 15. | Matters concerning items or content prohibited from commercials under statutes or regulations; |
| 16. | Matters concerning the impartiality and public interest of commercials; |
| 17. | Other matters concerning the deliberation duties of the Korea Communications Standards Commission under this Act. |
| (3) | A broadcasting business entity, CATV relay broadcasting business entity, electric sign board broadcasting business entity and external producer shall observe the Review Regulations. <Newly Inserted on Jan. 27, 2016> |
| (4) | A broadcasting business entity shall rate a broadcast program considering the degree of harmfulness of the broadcast program in terms of violence, lewdness, etc., the age of viewers, and other factors, and indicate it while broadcasting the program in order to protect children and juveniles. <Amended on Jan. 27, 2016; Jun. 9, 2020> |
| (5) | The Korea Communications Standards Commission shall prescribe the rating criteria and other necessary matters with regard to rating broadcast programs under paragraph (4) by the Korea Communications Standards Commission's regulations, and publicly announce them. In such case, the rating criteria may be varied considering characteristics of the broadcast media, broadcast fields, etc. <Amended on Feb. 29, 2008; Jan. 27, 2016> |
| (6) | Where the Korea Communications Standards Commission deems that the rating of a broadcast program self-assigned by a broadcasting business entity under paragraph (5) is improper, it may require the relevant broadcasting business entity to adjust the rating of the pertinent broadcast program. <Amended on Oct. 27, 2006; Feb. 29, 2008; Jan. 27, 2016; Dec. 10, 2019> |
| Article 34 Deleted. <Feb. 29, 2008> |
| Article 35 (Viewers' Rights Protection Committee) |
| (1) | The Korea Communications Commission shall establish a Viewers' Rights Protection Committee in order to collect the viewers' opinions on broadcasts and Internet multimedia broadcasting defined under subparagraph 1 of Article 2 of the Internet Multimedia Broadcast Services Act (hereinafter referred to as "Internet multimedia broadcasting") and to efficiently deliberate on the viewers' complaints, such as the infringement of the rights and interests of the viewers, and petitions. <Amended on Jul. 14, 2011; Dec. 22, 2015> |
| (2) | Members of the Viewers' Rights Protection Committee shall be commissioned by the Chairperson of the Korea Communications Commission upon the consent of the Korea Communications Commission. <Amended on Feb. 29, 2008; Jul. 14, 2011> |
| (3) | Matters necessary for the composition and operation of the Viewers' Rights Protection Committee, the procedures for settlement of viewers' complaints, the mediation of disputes and other necessary matters shall be prescribed by the Korea Communications Commission's regulations. <Amended on Feb. 29, 2008; Jul. 14, 2011; Dec. 22, 2015> |
[Title Amended on Jul. 14, 2011]
| Article 35-2 Deleted. <Mar. 22, 2010> |
| Article 35-3 (Composition and Operation of Broadcasting Dispute Conciliation Committee) |
| (1) | The Korea Communications Commission may establish a Broadcasting Dispute Conciliation Committee under its control in order to efficiently mediate disputes arising in connection with broadcasting between and among the following persons: Provided, That the Copyright Act shall apply where the subject matter of the dispute to be mediated is related to copyright: <Amended on Jan. 27, 2016> |
| 1. | A broadcasting business entity; |
| 2. | A CATV relay broadcasting business entity; |
| 3. | A CATV music broadcasting business entity; |
| 4. | An electric signboard broadcasting business entity; |
| 5. | A signal transmission network business entity; |
| (2) | The Broadcasting Dispute Conciliation Committee shall be comprised of at least five but not more than seven members, including one chairperson designated by Chairperson of the Korea Communications Commission. <Newly Inserted on Jan. 27, 2016> |
| (3) | The members of the Broadcasting Dispute Conciliation Committee shall be commissioned by the Chairperson of the Korea Communications Commission upon the consent of the Korea Communications Commission: In such case, one person recommended by the Minister of Culture, Sport and Tourism must be included: <Amended on Jan. 27, 2016> |
| 1. | A person who has served as a judge, prosecutor or lawyer for at least five years; |
| 2. | A person who has served as a certified public accountant for at least five years; |
| 3. | A person who has served as a faculty in a department related to law, administration, business administration, accounting or journalism and broadcasting for at least five years; |
| 4. | Other persons who have abundant knowledge and experience regarding broadcasting. |
| (4) | The terms of office of members of the Broadcasting Dispute Conciliation Committee shall be two years, and may be consecutively renewed only once: Provided, That a member appointed to fill a vacancy before this expiration of the term for which his/her predecessor was appointed shall serve for the remainder of such term. <Newly Inserted on Jan. 27, 2016> |
| (5) | A member of the Broadcasting Dispute Conciliation Committee shall be excluded from deliberating and deciding on the case applied for dispute mediation with the Broadcasting Dispute Conciliation Committee (hereinafter referred to as “case”) if: <Newly Inserted on Jan. 27, 2016> |
| 1. | Where the member of the Broadcasting Dispute Conciliation Committee or his/her current or ex-spouse is a disputing party to the relevant case or is in a relationship of a joint right-holder or obligor with the disputing party; |
| 2. | Where the member of the Broadcasting Dispute Conciliation Committee is or was a relative of a disputing party to the relevant case; |
| 3. | Where the member of the Broadcasting Dispute Conciliation Committee is or was involved in the relevant case as an agent of a disputing party to the relevant case; |
| 4. | Where the member of the Broadcasting Dispute Conciliation Committee has given a testimony, an expert’s opinion, or legal advice regarding the relevant case. |
| (6) | Where circumstances indicates that it would be impracticable to expect fair deliberation and decisions of a member impartially on a case, any disputing party to a case may file an application for challenge with the Chairperson of the Broadcasting Dispute Conciliation Committee. In such case, the Chairperson shall decide whether to accept the application for challenge without referring the application to the Broadcasting Dispute Conciliation Committee for resolution. <Newly Inserted on Jan. 27, 2016> |
| (7) | On any of the grounds provided in paragraphs (5) or (6), a member of the Broadcasting Dispute Conciliation Committee may recuse himself/herself from deliberating and deciding on the case. <Newly Inserted on Jan. 27, 2016> |
| (8) | Where an external producer is a disputing party, the Broadcasting Dispute Conciliation Committee established under paragraph (1) or the Content Dispute Conciliation Committee established under the main clause of Article 29 (1) of the Content Industry Promotion Act may mediate the dispute, upon application of one disputing party or both disputing parties. <Newly Inserted on Jan. 27, 2016> |
| (9) | The composition and operation of the Broadcasting Dispute Conciliation Committee, the mediation of disputes and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016> |
[This Article Newly Inserted on Oct. 27, 2006]
[Title Amended on Jan. 27, 2016]
| Article 35-4 (Media Diversity Promotion Committee) |
| (1) | The Korea Communications Commission shall establish a Media Diversity Promotion Committee to secure diversity of public opinions in broadcasting. |
| (2) | Members of the Media Diversity Promotion Committee shall be commissioned by the Chairperson of the Korea Communications Commission with a resolution of the Commission. |
| (3) | The duties of the Media Diversity Promotion Committee are: |
| 1. | To investigate and calculate the share of audience of each broadcasting business entity under Article 69-2; |
| 2. | To develop an aggregate impact indicator among media; |
| 3. | To conduct surveys and research for promoting diversity of public opinions; |
| 4. | To conduct other duties prescribed by Presidential Decree, necessary to secure diversity of public opinions. |
| (4) | Development of the aggregate impact indicator among media under paragraph (3) 2 shall be completed by December 31, 2012. |
| (5) | The composition and operation of the Media Diversity Promotion Committee and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 31, 2009]
| Article 35-5 (Broadcasting Market Competition Evaluation Committee) |
| (1) | The Korea Communications Commission shall establish a Broadcasting Market Competition Evaluation Committee to build the efficient competition structure of broadcasting markets (including Internet multimedia broadcasting) and create an environment for fair competition in broadcasting markets. |
| (2) | The Broadcasting Market Competition Evaluation Committee shall be comprised of nine members, who are commissioned by the Chairperson of the Korea Communications Commission with the consent of the Korea Communications Commission. |
| (3) | The Broadcasting Market Competition Evaluation Committee may request any broadcasting business entity and Internet multimedia broadcasting business entity defined under subparagraph 5 of Article 2 of the Internet Multimedia Broadcast Services Act (hereinafter referred to as “Internet multimedia broadcasting business entity”) to submit materials necessary for evaluating the status of competition pursuant to paragraph (1). <Amended on Dec. 22, 2015> |
| (4) | The Korea Communications Commission shall conduct an annual evaluation of the status of competition in broadcasting markets and report the results of the annual evaluation to the National Assembly within three months of the completion of the evaluation. |
| (5) | Detailed criteria, procedures and methods for evaluation of the status of competition, the composition and operation of the Broadcasting Market Competition Evaluation Committee and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 14, 2011]
| Article 36 Deleted. <Mar. 22, 2010> |
| Article 37 Deleted. <Mar. 22, 2010> |
| Article 38 Deleted. <Mar. 22, 2010> |
| Article 39 Deleted. <Mar. 22, 2010> |
| Article 40 Deleted. <Mar. 22, 2010> |
| Article 41 Deleted. <Feb. 29, 2008> |
| Article 42 Deleted. <Feb. 29, 2008> |
| Article 42-2 (Establishment of Regional Broadcasting Development Committee) |
There is hereby established a Regional Broadcasting Development Committee under the Korea Communications Commission.
[This Article Wholly Amended on Jun. 3, 2014]
| Article 42-3 Deleted. <Jun. 3, 2014> |
| Article 42-4 Deleted. <Jun. 3, 2014> |
CHAPTER IV KOREA BROADCASTING SYSTEM
| Article 43 (Establishment, etc.) |
| (1) | The Korean Broadcasting System (hereafter referred to as the "System" in this Chapter) shall be established as the State's key broadcasting in order to fix a fair and sound broadcast culture, and to efficiently implement the broadcasts for home and abroad. |
| (2) | The System shall be a juristic person. |
| (3) | The location of the System's principal office shall be prescribed by the articles of incorporation. |
| (4) | The System may, if deemed necessary for carrying out its business, establish the regional broadcasting stations upon passage of a resolution by the board of directors. |
| (5) | The System shall have a capital of three hundred billion won, and its entire amount shall be contributed by the Government. |
| (6) | The time and method of payment of the capital under paragraph (5) shall be in accordance with a decision by the Minister of Economy and Finance. <Amended on Feb. 29, 2008> |
| (7) | The System shall come into existence by effecting the registration of incorporation at the location of its principal office. |
| (8) | The registration of incorporation under paragraph (7), a registration of establishment of a regional broadcasting station, a registration of moving, a registration of modification, and other matters necessary for a registration of the System shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 44 (Public Responsibility of System) |
| (1) | The System shall bring into reality the objectives and public responsibility of broadcasting, and the impartiality and public interest nature of broadcasting. |
| (2) | The System shall endeavor to offer the broadcast services of superior quality to the people having no concern with the region and circumstances. <Amended on Jun. 9, 2020> |
| (3) | The System shall research and develop the new broadcast programs, broadcast services and broadcast technologies which may contribute to the public interest of the viewers. |
| (4) | The System shall develop the broadcast programs, and broadcast them, which may promote the national culture and ensure a homogeneity of the nation, with the objects home and abroad. |
| Article 45 (Matters Stated in Articles of Incorporation) |
| (1) | Matters of the following subparagraphs shall be stated in the articles of incorporation of the System: <Amended on Jun. 9, 2020> |
| 3. | Location of the principal office; |
| 4. | Matters concerning the organization of the System, and the chairperson of the board of directors, directors, executive organs and personnel; |
| 5. | Matters concerning the operation of the board of directors; |
| 6. | Matters concerning its duties and their execution; |
| 7. | Matters concerning the settlement of viewers' complaints and the protection of viewers; |
| 8. | Matters concerning a modification of the articles of incorporation; |
| 9. | Matters concerning the issue of bonds and the borrowing of funds; |
| 10. | Matters concerning the stocks or investment certificates; |
| 11. | Matters concerning the accounting such as disposition of profits and losses; |
| 12. | Matters concerning the method of public notification; |
| 13. | Other matters as prescribed by Presidential Decree. |
| (2) | When the System intends to modify the articles of incorporation, it shall obtain authorization of the Korea Communications Commission. <Amended on Feb. 29, 2008> |
| Article 46 (Establishment, Operation, etc. of Board of Directors) |
| (1) | The System shall have a board of directors as the highest decision-making body for the management of the System in order to guarantee the independence and public nature of the System. |
| (2) | The board of directors shall be comprised of eleven directors, including the Chairman of the board of directors. |
| (3) | The directors shall be recommended by the Korea Communications Commission in consideration of their typicality of different fields, and appointed by the President. <Amended on Feb. 29, 2008> |
| (4) | The Chairman of the board of directors shall be elected by the board of directors by mutual vote. |
| (5) | The directors, including the Chairman of the board of directors, shall be non-permanent. |
| (6) | The Chairman of the board of directors shall convene meetings of the board of directors, and preside over such meetings. |
| (7) | The board of directors shall pass resolutions with the affirmative vote of a majority of the registered directors. |
| (8) | When the Chairman of the board of directors is unable to perform his/her duties due to extenuating circumstances, one of the directors shall act for him/her, as prescribed by the articles of incorporation. <Amended on Jun. 9, 2020> |
| (9) | The meetings of the board of directors shall be open to the public: Provided, That the foregoing shall not apply in any of the following circumstances, following a resolution by the board of directors: <Newly Inserted on May 28, 2014> |
| 1. | Where the any matter classified as confidential or the disclosure of which is restricted under other statutes or regulations are included; |
| 2. | Where an open meeting is deemed likely to harm the reputation or rightful interests of an individual, corporation or organization; |
| 3. | Where the disclosure of matters concerning audit, personal management, etc. is likely to substantially hinder fair performance of duties. |
[Title Amended on May 28, 2014]
| Article 47 (Term of Directorship) |
| (1) | The term of the office of a director shall be three years. |
| (2) | If a vacancy occurs on the board, a substitute director shall be appointed under the provisions of Article 46 within 30 days since the occurrence of the vacancy, and the term of the substitute director shall be the remaining term of his predecessor.<Amended on Dec. 10, 2019; Jun. 9, 2020> |
| (3) | A director whose term expires shall carry out his duties until his successor is appointed. |
| Article 48 (Grounds for Disqualification of Directors) |
| (1) | The following persons shall be disqualified as a director of the System: <Amended on Jun. 9, 2020> |
| 1. | A non-Korean national; |
| 2. | A member of a political party under Article 22 of the Political Parties Act, or a person for whom three years have not passed after his/her status as member of a political party was lost under the same Act; |
| 5. | A person for whom three years have not passed after he/she served as an advisor or a consultant on broadcasting, communications, law, management, etc. to make a candidate elected in a presidential election under Article 2 of the Public Official Election Act; |
| (2) | Detailed scope of persons who serve as advisors or consultants under paragraph (1) 5 shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 28, 2014]
| Article 49 (Functions of Board of Directors) |
| (1) | The board of directors shall deliberate on and resolve the matters falling under any of the following subparagraphs: <Amended on Jun. 9, 2020> |
| 1. | Matters concerning the public responsibility of the broadcasts conducted by the System; |
| 2. | Basic operational plans for the broadcasts conducted by the System; |
| 3. | Plans for budget and funds; |
| 4. | Use of reserve funds and a carrying forward of the budget; |
| 5. | Settlement of accounts; |
| 6. | Evaluation of management of the System, and its public announcement; |
| 7. | Proposal for the appointment of the president and auditor, and approval of the appointment of the vice president; |
| 8. | Establishment and closure of the regional broadcasting stations; |
| 9. | Acquisition and disposition of the permanent properties; |
| 10. | Borrowing of long term loans, and issuing of bonds and the plans for redemption; |
| 11. | Disposition of the profits and losses; |
| 12. | Contributions to other enterprises; |
| 13. | Modification of the articles of incorporations; |
| 14. | Formulation, amendment and abolition of the regulations as prescribed by the articles of incorporation; |
| 15. | Other matters deemed as especially necessary by the board of directors. |
| (2) | The board of directors may, if deemed as especially necessary, request the auditor to make an audit of the System. |
| (1) | The System shall have, as its executives, one president, up to two vice presidents, up to eight managing directors, and one auditor. |
| (2) | The president shall be appointed by President upon a proposal by the board of directors. In such cases, the president shall undergo a personnel hearings conducted by the National Assembly. <Amended on May 28, 2014> |
| (3) | Where the board of directors makes a proposal for the president under paragraph (2), it shall present the criteria and grounds for the proposal. <Amended on Jun. 9, 2020> |
| (4) | The auditor shall be appointed by the Korea Communications Commission upon a proposal by the board of directors. <Amended on Feb. 29, 2008> |
| (5) | The vice presidents and managing directors shall be appointed by the president: Provided, That the consent of the board of directors shall be obtained in appointing the vice presidents. |
| (6) | Articles 47 and 48 concerning directors shall apply mutatis mutandis to the term of office and grounds for disqualification of executives. |
| Article 51 (Duties, etc. of Executive Organs) |
| (1) | The president shall represent the System, exercise the overall control over the operation of the System, and assume the responsibility for the results of business management. |
| (2) | When the president is unable to carry out his duties due to unavoidable reasons, a vice president shall act for him, and when the vice presidents are unable to carry out their duties due to unavoidable reasons, the person as prescribed by the articles of incorporation shall act for them. <Amended on Jun. 9, 2020> |
| (3) | The president may, under the conditions as prescribed by the articles of incorporation, select and appoint, from among its personnel, an agent who has the authority to take all judicial or extra-judicial actions with regard to the System's business. <Amended on Jun. 9, 2020> |
| (4) | The auditor shall audit the matters concerning the business and accounts of the System. |
| (5) | The president and the auditor may appear before the board of directors, and make a statement of their opinions. |
| Article 52 (Appointment and Dismissal of Personnel) |
The personnel of the System shall be appointed or dismissed by the president under the conditions as prescribed by the articles of incorporation. <Amended on Jun. 9, 2020>
| Article 53 (Liability as Matter of Duties of Directors and Executive Organs and Personnel) |
| (1) | The directors and the executive organs of the System shall be prohibited from performing any transaction with the System and the directors shall also be prohibited from being involved in any deliberation and any resolution of the matters of the board of directors, which are related to their own interests and the interests of persons with whom they have kinship relations provided for in the provisions of Article 777 of the Civil Act. <Newly Inserted on Jan. 26, 2007> |
| (2) | The executive organs and personnel of the System may not engage in the duties aiming at profit-making in addition to their duties. <Amended on Jan. 26, 2007> |
| (3) | The executive organs, personnel or the persons once engaged in the relevant duties shall not divulge or make fraudulent use of any secrets of the System which have come to their knowledge as a matter of duties. <Amended on Jan. 26, 2007; Jun. 9, 2020> |
[Title Amended on Jan. 26, 2007]
| (1) | The System shall attend to the following business:<Amended on Aug. 13, 2013; Jun. 9; 2020> |
| 1. | Execution of radio broadcasts; |
| 2. | Execution of television broadcasts; |
| 3. | Execution of broadcasts through new broadcasting media such as a satellite broadcast; |
| 4. | Installation, operation and management of broadcasting facilities; |
| 5. | Execution of the overseas broadcasts required by the State (broadcasts aiming at the international friendship and the improvement of international understanding and the cultural and economic exchanges) and of the social education broadcasts (broadcasts aiming at the advancement of national homogeneity for the Korean residents in foreign countries); |
| 7. | Establishment and operation of an organization for the settlement of viewers' complaints and the protection of viewers; |
| 8. | Operation and management of the organizations attached to the System; |
| 9. | Implementation of the cultural broadcast events, and the international exchange of cultural broadcasts; |
| 10. | Survey, research and development concerning the broadcasting; |
| 11. | Profit-making projects incidental to the affairs under subparagraphs 1 through 10. |
| (2) | The State may support the affairs falling under paragraph (1) 5 with subsidies. |
| (3) | The System may, upon the passage of a resolution by the board of directors, contribute all or part of the relevant capital for the affairs falling under each subparagraph of paragraph (1), or for a corporation attending to the affairs similar to them. |
| Article 55 (Settlement of Accounts) |
| (1) | The System's fiscal year shall be in accordance with the Government's fiscal year. |
| (2) | Government Enterprise Budget Act shall apply mutatis mutandis to the standards and procedures, etc. for the settlement of accounts of the System. <Amended on Dec. 31, 2008> |
| Article 56 (Revenue Sources) |
Expenses of the System shall be met by the TV license fees collected under Article 64, but such expenses may be covered by revenues prescribed by Presidential Decree, such as revenues from commercials, if necessary for properly performing its affairs as intended. <Amended on Jun. 9; 2020>
| Article 57 (Compilation of Budget) |
| (1) | The System's budget shall be compiled by the president and confirmed by the passage of a resolution at the board of directors. The same shall apply where the budget is modified due to a modification in the operational plans occurring after the budget is confirmed or other unavoidable reasons. <Amended on Jun. 9; 2020> |
| (2) | The president of the System may administer the budget in accordance with the preceding year's budget where the budget is not confirmed not later than the commencement of fiscal year due to force majeure or other unavoidable reasons. In this case, the budget executed in accordance with the quasi-budget shall be considered to have been executed in accordance with the budget of current year. <Amended on Dec. 10, 2019; Jun. 9, 2020> |
| Article 58 (Formulation of Operational Plans) |
| (1) | The president of the System shall, where the budget is confirmed under Article 57, formulate without delay the operational plans in accordance with the budget of current year upon the passage of a resolution by the board of directors. <Amended on Dec. 10, 2019; Jun. 9, 2020> |
| (2) | The president of the System shall submit the operational plans for current year formulated under the provisions of paragraph (1) to the Korea Communications Commission within two months after the budget is confirmed. <Amended on Feb. 29, 2008; Dec. 10, 2019; Jun. 9, 2020> |
| Article 59 (Submission of Statement of Accounts) |
| (1) | The president of the System shall submit the statement of accounts for the preceding fiscal year to the Korea Communications Commission by no later than two months after the expiration of each fiscal year. <Amended on Feb. 29, 2008; Aug. 13, 2013; Jun. 9, 2020> |
| (2) | The statement of accounts prescribed in paragraph (1) shall be accompanied by any of the following documents: <Amended on Aug. 13, 2013> |
| 1. | Financial statements and their attached documents; |
| 2. | Other documents necessary for clarifying the details of the settlement of accounts, prescribed by Presidential Decree. |
| (3) | The Korea Communications Commission shall submit the statement of accounts prescribed in paragraph (1) and documents prescribed in paragraph (2) (hereafter referred to as “statement of accounts, etc.” in this Article) to the Board of Audit and Inspection by no later than March 31 each year. <Amended on Feb. 29, 2008; Aug. 13, 2013; Mar. 13, 2018> |
| (4) | The Board of Audit and Inspection shall inspect the statement of accounts, etc. received under paragraph (3), and forward the relevant results to the Korea Communications Commission by no later than May 20. <Amended on Feb. 29, 2008; Aug. 13, 2013; Mar. 13, 2018> |
| (5) | The Korea Communications Commission shall attach the inspection results of the Board of Audit and Inspection prescribed in paragraph (4) to the statement of accounts, etc. prescribed in paragraph (3), and shall submit them to the National Assembly by no later than May 31. <Newly Inserted on Aug. 13, 2013; Mar. 13, 2018> |
| (6) | The settlement of accounts of the System shall be confirmed upon approval by the National Assembly, and the president of the System shall make a public announcement thereof. <Newly Inserted on Aug. 13, 2013> |
[Title Amended on Aug. 13, 2013]
| Article 60 (Report of Acquisition, etc. of Real Estate) |
The System shall, where it acquires or disposes of any real estate, or modifies the purpose at the time of its acquisition, report to the Korea Communications Commission thereon without delay. <Amended on Feb. 29, 2008>
| Article 61 (Subsidies, etc.) |
The State may subsidize part of the expenses required for the operation of the System, loan the financial funds, or accept the debentures of the System within the limit of the budget, under the conditions as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
| Article 62 (Entrustment of Goods Purchase and Construction Contracts) |
The president of the System may entrust the Administrator of the Public Procurement Service with the purchase of required materials or the conclusion of contracts for the construction of facilities, where deemed necessary.
| (1) | Audits of the System shall be classified as internal audits and external audits. |
| (2) | The auditor of the System shall conduct the internal audits pursuant to the provisions of the articles of incorporation. <Amended on Jun. 9, 2020> |
| (3) | The Board of Audit and Inspection shall conduct the external audits of the System under the conditions as determined by the Board of Audit and Inspection Act. <Amended on Jun. 9, 2020> |
| Article 64 (Registration of Television Receivers and Payment of TV License Fees) |
Any person who possesses a television receiver (hereinafter referred to as "TV set") in order to receive television broadcasts shall register the TV set with the System, and pay a TV license fee (hereinafter referred to as the "TV license fees") under the conditions as prescribed by Presidential Decree: Provided, That with regard to the TV sets as prescribed by Presidential Decree, their registration may be exempted, or all or part of the TV license fees may be exempted or reduced. <Amended on Jun. 9, 2020>
| Article 65 (Determination of TV License Fees) |
The amount of TV license fees shall be fixed after a deliberation on it and the passage of resolution by the board of directors, and obtaining approval of the National Assembly via the Korea Communications Commission, and the System shall impose and collect them. <Amended on Feb. 29, 2008>
| Article 66 (Collection of TV License Fees, etc.) |
| (1) | The System shall, in collecting the TV license fees under the provisions of Article 65, and where a person liable to pay the TV license fees fails to pay them within the relevant payment period, collect an additional charge in the amount equivalent to the rate as prescribed by Presidential Decree within the limit of 5/100 of the relevant TV license fees. <Amended on Jun. 9, 2020> |
| (2) | The System may impose and collect from any possessor of a TV set which is not registered under Article 64 a punitive surcharge equivalent to the TV license fees for one year. <Amended on Jun. 9, 2020> |
| (3) | The System may, in collecting the TV license fees under Article 65,and the additional charge or the punitive surcharge under paragraphs (1) and (2), and where there exists any delinquency of payment, collect them in accordance with the examples of disposition on the national tax in arrears by obtaining approval of the Korea Communications Commission. <Amended on Feb. 29, 2008; Jun. 9, 2020> |
| Article 67 (Entrustment of Registration of TV Sets and Collection) |
| (1) | The System may entrust the Mayors/Do governors with the affairs of collecting the TV license fees under Article 66. <Amended on Jun. 9, 2020> |
| (2) | The System may entrust the affairs of registering TV sets and of collecting the TV license fees to the manufacturer, distributor, importer-distributor of TV sets, or other persons designated by the System. |
| (3) | Where the System entrusts the affairs of collecting the TV license fees under the provisions of paragraphs (1) and (2), it shall pay the fees under the conditions as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 68 (Use of TV License Fees) |
The System may use the TV license fees collected under the provisions of Articles 65 and 66 for the support as a revenue source to the Educational Broadcasting System under the Korea Educational Broadcasting System Act under the conditions as prescribed by Presidential Decree. <Amended on Aug. 13, 2013; Jun. 9, 2020>
CHAPTER V OPERATION, ETC. OF BROADCASTING BUSINESS
| Article 69 (Programming, etc. of Broadcast Programs) |
| (1) | A broadcasting business entity shall program the broadcast programs to suit the purposes of impartiality, public nature, diversity, balance, truth, etc. <Amended on Jun. 9, 2020> |
| (2) | A broadcasting business entity that engages in general programming shall ensure a well-balanced presentation of subject matters of each field, such as politics, economy, society and culture. |
| (3) | A broadcasting business entity that engages in general programming shall program the broadcast programs to include news reports, culture and entertainment in compliance with the standards prescribed by Presidential Decree, and program such broadcast programs to be well-coordinated with each other. In such case, there shall be no preponderancy of the broadcast programs in a specified broadcast field during the prime time zone prescribed by Presidential Decree (hereinafter referred to as "prime time zone"). <Amended on Jun. 9, 2020> |
| (4) | A broadcasting business entity that engages in specialized programming shall program the broadcast programs in compliance with the standards prescribed by Presidential Decree, in order to sufficiently reflect the principal broadcast fields for which he/she has obtained a license or approval, or has registered, in such broadcast programs. <Amended on Jun. 9, 2020> |
| (5) | The scope and types of broadcast programs which can be programmed by a broadcasting business entity that engages in specialized programming in addition to the principal broadcast fields for which he/she has obtained a license or approval, or has registered, shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 27, 2006> |
| (6) | The Korean Broadcasting System, a broadcasting business entity licensed under the Special Act, a broadcasting business entity financed by the Foundation for Broadcast Culture established under the Foundation for Broadcast Culture Act, or a terrestrial broadcasting business entity who is not the one financed by a broadcasting business entity financed by the Foundation for Broadcast Culture, shall not program the production of a certain broadcasting business entity in excess of the ratio prescribed by Presidential Decree. <Amended on Oct. 27, 2006; Jun. 9, 2020> |
| (7) | The Korean Broadcasting System shall program viewer participation programs directly produced by viewers, as prescribed by Presidential Decree. <Amended on Oct. 27, 2006; Jun. 9, 2020> |
| (8) | Any broadcasting business entity shall broadcast using Korean sign language, closed caption subtitles, screen commentaries, etc. to assist persons with disabilities in viewing broadcasts (hereinafter referred to as "broadcasting for persons with disabilities"). In such cases, the Korea Communications Commission may wholly or partially subsidize expenses incurred by a broadcasting business entity in providing broadcasts for persons with disabilities or in supplying receivers to watch broadcasting for persons with disabilities from the Broadcasting Communications Development Fund under Article 24 of the Framework Act on Broadcasting Communications Development. <Amended on Jul. 14, 2011; Mar. 23, 2013; May 28, 2014; Feb. 3, 2016> |
| (9) | The scope of broadcasting business entities that are obligated to provide broadcasts for persons with disabilities under paragraph (8), the types of broadcast programs to be broadcast for persons with disabilities, and matters necessary for the implementation thereof shall be prescribed by Presidential Decree. <Newly Inserted on Jul. 14, 2011> |
| (10) | Any community radio broadcasting business entity shall arrange listener participation programs in at least the rate prescribed by Presidential Decree within 50/100 of the total broadcasting hours of each month. <Newly Inserted on Oct. 27, 2006; Jul. 14, 2011; Jun. 9, 2020> |
| (11) | No community radio broadcasting business entity shall program the production of a certain community radio broadcasting business entity in excess of the ratio prescribed by Presidential Decree within 50/100 of the total broadcasting hours of each month. <Newly Inserted on Dec. 22, 2015> |
| Article 69-2 (Restrictions on Share of Audience) |
| (1) | The share of audience of a broadcasting business entity (referring to the percentage of hours tuned to a specific broadcasting channel, out of total viewing hours of total television broadcasting; hereinafter the same shall apply) shall not exceed 30/100: Provided, That the same shall not apply where the broadcasting business entity is fully funded by the Government or a local government. |
| (2) | The share of audience of a broadcasting business entity under paragraph (1) shall be determined by aggregating shares of audience of related parties, etc. (referring to the share of audience of related parties to the relevant broadcasting business entity or the share of audience of another broadcasting business entities whose stocks or equity shares are owned by the relevant broadcasting business entity; hereinafter the same shall apply) to the share of audience of the broadcasting business entity. In such case, the share of audience of related parties, etc. may be calculated by applying different weight values, and where a corporation publishing daily newspapers (including related parties) concurrently run a broadcasting business or own stocks or equity shares, the subscription rate of the daily newspapers shall be converted into the share of audience at a certain ratio, as prescribed by Presidential Decree, and added to the share of audience of the relevant broadcasting business entity. |
| (3) | Detailed criteria and methods for calculating the share of audience under paragraphs (1) and (2) and other necessary matters shall be determined and notified by the Korea Communications Commission, following deliberation thereon by the Media Diversity Promotion Committee, as prescribed by Presidential Decree. |
| (4) | The Minister of Science and ICT or the Korea Communications Commission shall reflect the share of audience calculated under paragraph (2) in reviewing a license and approval under Article 9, approval for modification under Article 15-2, renewal of license, etc. under Article 17, etc. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The Korea Communications Commission may order any business entity whose share of audience exceeds the share of audience specified in paragraph (1) to take necessary measures, such as restrictions on holding a broadcasting business, restrictions on commercials airing time, and partial transfer of broadcast hours. In such cases, details concerning necessary measures to be taken shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 31, 2009]
| Article 70 (Organization and Operation of Channels) |
| (1) | A terrestrial broadcasting business entity, a CATV broadcasting business entity and a satellite broadcasting business entity that provide digital multimedia broadcasting shall organize and operate channels to ensure that they do not preponderate to a particular field of broadcasting and realize diversity, as prescribed by Presidential Decree. <Amended on Mar. 22, 2004; Jun. 9, 2020> |
| (2) | No terrestrial broadcasting business entity, CATV broadcasting business entity and satellite broadcasting business entity that provide digital multimedia broadcasting shall directly use the broadcasting channels, or lease a channel to any related party to the relevant broadcasting business entity or to a specific program provider, in excess of the scope prescribed by Presidential Decree. <Amended on Mar. 22, 2004; Dec. 10, 2019; Jun. 9, 2020> |
| (3) | A CATV broadcasting business entity and a satellite broadcasting business entity (excluding a satellite broadcasting business entity that provides digital multimedia broadcasting) shall have a channel which may be used by the State for public purposes (hereinafter referred to as "public channels"), a channel with missionary purposes of religions and a channel for the welfare of persons with disabilities, as prescribed by Presidential Decree. <Amended on Mar. 22, 2004; Jan. 17, 2012; Jun. 9, 2020> |
| (4) | A CATV broadcasting business entity shall operate a local channel which produces, arranges and transmits local information, broadcast program guides, official announcements, etc., as prescribed by Presidential Decree: Provided, That reports other than local reports, commentaries and reviews for a specific issue shall not be allowed for a local channel. <Amended on Mar. 23, 2013; Jun. 9, 2020> |
| (5) | A CATV relay broadcasting business entity may operate an official announcement channel which produces, arranges and transmits broadcast program guides, official announcements, etc., as stipulated by Ordinance of the Ministry of Science and ICT: Provided, That official announcement channels shall not transmit news reports, commentaries or advertisements. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Channels operable by a CATV relay broadcasting business entity shall be limited to the channels that receive and relay-transmit the following broadcasting: Provided, That the total channels operable by one CATV relay broadcasting business entity shall not exceed 31 and the number of audio and video recording channels shall not exceed 1/5 of the total channels operated: <Newly Inserted on Mar. 13, 2015; Jul. 26, 2017> |
| 1. | Terrestrial broadcasting (only referring to television broadcasting); |
| 2. | Broadcasting on public channels; |
| 3. | Broadcasting on channels with missionary purposes of religions; |
| 4. | Broadcasting on channels for the welfare of people with disabilities; |
| 5. | Broadcasting on public-interest channels prescribed under paragraph (8); |
| 6. | Broadcasting operated by a Stage agency, public service corporation or non-profit corporation on channels notified by the Minister of Science and ICT after consulting with the Korea Communications Commission in consideration of the public interest or social needs of the relevant field of broadcasting. |
| (7) | Where a viewer requests the broadcasting of a program directly produced by him/her, as stipulated by Ordinance of the Ministry of Science and ICT, a CATV broadcasting business entity and a satellite broadcasting business entity shall broadcast it, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Jul. 14, 2011; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (8) | Every CATV broadcasting business entity and satellite broadcasting business entity (excluding any satellite broadcasting business entity who provides the digital multimedia broadcasting) shall operate a channel constituting the field of broadcasting published by the Korea Communications Commission, considering the public interest and social needs of the relevant field of broadcasting (hereinafter referred to as "public-interest channel"). In such case, procedures and standards for selecting public-interest channels, the scope of operations and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 26, 2007; Feb. 29, 2008; Dec. 10, 2019> |
| Article 70-2 (Volume Criteria, etc. of Digital Broadcast Programs) |
| (1) | The Minister of Science and ICT shall determine and announce the standard volume criteria in order for broadcasting business entities to operate channels maintaining the volume of digital broadcast programs (including commercials; hereafter in this Article the same shall apply) at a uniform level. <Amended on Jul. 26, 2017> |
| (2) | Where the volume of a digital broadcast program does not comply with the standard volume criteria determined under paragraph (1), the Minister of Science and ICT may issue an order requiring a broadcasting business entity to make a correction or to other necessary measures. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on May 28, 2014]
| Article 71 (Programming of Domestic Broadcast Programs) |
| (1) | A broadcasting business entity shall program, among the total programs of the relevant channel, domestically-produced broadcast programs in excess of the specified ratio, as prescribed by Presidential Decree. <Amended on Dec. 10, 2019; Jun. 9, 2020> |
| (2) | A broadcasting business entity shall program, among the annually-aired motion pictures, animations and popular music, domestically-produced motion pictures, animations and popular music in excess of the specified ratio, as prescribed by Presidential Decree. <Amended on Mar. 22, 2004; Jan. 17, 2012; Jun. 9, 2020> |
| (3) | A terrestrial broadcasting business entity, a program provider engaged in general programming, and a program provider who programs animations in excess of the ratio prescribed by Presidential Decree among the total annual broadcasting hours, shall newly program domestically-produced animations in excess of the ratio prescribed by Presidential Decree, among all broadcasting programs aired by the relevant channel, considering viewer ratings, sales, etc.: Provided, That this shall not apply to a terrestrial broadcasting business entity having the area prescribed by Presidential Decree as his/her broadcasting zone. <Newly Inserted on Jan. 17, 2012> |
| (4) | In order to secure diversity in the reception of international cultures, every broadcasting business entity shall program the motion pictures, animations and popular music produced in one country not to exceed the specified ratio, among the annually-aired motion pictures, animations and popular music that are imported from foreign countries, as prescribed by Presidential Decree. <Amended on Jan. 17, 2012; Jun. 9, 2020> |
| (5) | Where a broadcasting business entity programs domestically-produced animations for the prime time zone, he/she may apply weight values, as prescribed by Presidential Decree, to compute the programming ratio pursuant to paragraph (2). <Newly Inserted on Jan. 17, 2012> |
| (6) | Criteria for determining whether a broadcasting program, etc. is domestically produced pursuant to paragraphs (1) through (4) shall be prescribed by Presidential Decree, and the programming ratio thereof may be set differently in consideration of the characteristics, etc. of each broadcasting media and broadcasting field. <Amended on Jan. 17, 2012> |
| Article 72 (Programming of Broadcast Content Genuinely Produced by External Producers) |
| (1) | A broadcasting business entity shall program the broadcast programs produced domestically by persons other than such entity or related parties to him/her (hereinafter referred to as "broadcast content genuinely produced by external producers") in excess of a specified ratio, as prescribed by Presidential Decree. <Amended on Jun. 22, 2015; Dec. 10, 2019; Jun. 9, 2020> |
| (2) | Deleted. <Jun. 22, 2015> |
| (3) | A broadcasting business entity engaged in general programming shall program the broadcast content genuinely produced by external producers in its prime time zone in excess of a specified ratio, as prescribed by Presidential Decree. <Amended on Jun. 22, 2015; Jun. 9, 2020> |
| (4) | The programming ratio of the broadcast content genuinely produced by external producers under paragraph (1) may be set differently in consideration of the characteristics, etc. of each broadcast media and broadcast field. <Amended by Jun. 22, 2015; Jun. 9, 2020> |
[Title Amended on Jun. 22, 2015]
| Article 73 (Commercials, etc.) |
| (1) | A broadcasting business entity shall clearly distinguish commercials from broadcasting programs to avoid any confusion, and shall always display the caption “commercial”, as prescribed by Presidential Decree, while airing commercials for, and spot commercials before and after, a broadcast program mainly viewed by children so that children may distinguish broadcasting programs from commercials. <Amended on Oct. 27, 2006; Jun. 9, 2020> |
| (2) | Categories of commercials are as follows and matters necessary in relation to the allowable scope, time frame, frequencies, methods, etc. of airing commercials shall be prescribed by Presidential Decree: <Amended on May 18, 2005; Jul. 31, 2009; Jan. 27, 2016> |
| 1. | Broadcasting program commercials: Commercials programmed to be aired before and after broadcasting programs (referring to the time from the announcement of the sign-on title to the beginning of main broadcasting programs and from the ending of main broadcasting programs to the announcement of the sign-off title); |
| 2. | Commercial breaks: Commercials programmed to be aired during the time one broadcasting program is interrupted between the beginning of such broadcasting program and the ending of such broadcasting program; |
| 3. | Spot commercials: Commercials programmed to be aired between one broadcasting program and another broadcasting program; |
| 4. | Commercial captions: Commercials aired in the form of letters or pictures regardless of broadcasting programs; |
| 5. | Time signal commercials: Commercials aired when the present time is announced; |
| 6. | Virtual commercials: Commercials that insert virtual images created using computer graphics in broadcast programs; |
| 7. | Product placements: Commercials that exposes products, trademarks, names or logos of companies or services and others within broadcast programs. |
| (3) | In cases of broadcasting that provides specialized programming featuring and marketing products, the content of the broadcasting for featuring and marketing the relevant products shall not be deemed a commercial. <Amended on Dec. 10, 2019> |
| (4) | A broadcasting business entity and an electric sign board broadcasting business entity shall program the non-commercial, public interest advertisements produced for the purposes of promoting the public interest in at least the specified ratio prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (5) | An external producer may sell a product placement when producing a broadcast program. <Newly Inserted on Jan. 27, 2016> |
| (6) | A broadcasting business entity and an external producer shall agree upon whether a product placement under paragraph (5) violates any provision of paragraph (2), the Review Regulations formulated under Article 33 (1), and the self-review standards formulated under Article 86, following procedures prescribed by Presidential Decree, before outsourcing the sales of, or entering into an agreement for the sales of, the product placement. <Newly Inserted on Jan. 27, 2016> |
| (7) | An external producer shall provide a broadcast program that contains product placements to a broadcasting business entity by not later than the time the broadcasting business entity completes a self-review of the broadcasting program under Article 86. <Newly Inserted on Jan. 27, 2016> |
| (8) | Where a broadcast program produced by an external producer is programmed on the channel of a broadcasting business entity who can only air commercials entrusted by a broadcast advertising sales agency pursuant to Article 5 (1) and (2) of the Act on Broadcast Advertising Sales Agencies, Etc. (hereinafter referred to as “advertising sales agency”), the external producer shall entrust the sales of such commercials to the advertising sales agency, as prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016> |
| Article 73-2 (Submission of Data on Sales Status of Commercials) |
In order to investigate any violation of this Act or the Act on Broadcast Advertising Sales Agencies, Etc. or to take sanctions, the Korea Communications Commission may request data on sales status of commercials that includes the following, from a broadcasting business entity (meaning an advertising sales agency if the broadcasting business entity has entrusted the sale of commercials thereto). The broadcasting business entity and the advertising sales agency in receipt of a request for data shall comply therewith: | 1. | Annual sales status of commercials; |
| 2. | Annual sales of commercials classified by the advertiser, type, and broadcasting program; |
| 3. | Other matters notified by the Korea Communications Commission. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 74 (Announcement of Sponsors) |
| (1) | A broadcasting business entity may make an announcement of sponsors to the extent prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | Detailed standards and methods for the announcement of sponsors and other necessary matters shall be determined by the Korea Communications Commission's regulations. <Amended on Feb. 29, 2008> |
| (3) | A broadcasting business entity and an external producer shall observe the regulations for the announcement of sponsors determined under paragraph (2) when producing a broadcasting program subject to announcement of sponsors. <Newly Inserted on Jan. 27, 2016> |
| Article 75 Deleted. <Mar. 22, 2010> |
| Article 76 (Supply of Broadcasting Programs and General Viewing and Listening Right, etc.) |
| (1) | A broadcasting business entity shall, where it supplies broadcast programs to other broadcasting business entities, supply them at fair and reasonable market prices and without any discrimination. |
| (2) | The Korea Communications Commission shall publish the sports games and other major events that are greatly popular with the people (hereinafter referred to as the "events that are greatly popular with the people, etc.") after going through the deliberation thereon by the General Viewing and Listening Right Guarantee Committee provided for in Article 76-2. In such cases, the Korea Communications Commission shall consider the opinions of the Minister of Culture, Sports and Tourism, broadcasting business entities and viewers and listeners. <Newly Inserted on Jan. 26, 2007; Feb. 29, 2008> |
| (3) | Persons who hold the right to relay broadcasting for the events that are greatly popular with the people, etc. or their agents (hereinafter referred to as the "persons who hold the right to relay broadcasting, etc.") shall indiscriminately provide other broadcasting business entities with the right to relay the broadcasting for the events that are greatly popular with the people, etc. at fair and rational prices in order for the general people to watch and listen to them. <Newly Inserted on Jan. 26, 2007> |
| (4) | Every broadcasting business entity may report in writing any act that is performed in violation of the provisions of paragraphs (1) and (3) to the Korea Communications Commission. <Newly Inserted on Jan. 26, 2007; Feb. 29, 2008> |
| (5) | The Korea Communications Commission shall, upon receiving the written report referred to in paragraph (4), notify the result of how the written report is handled within 60 days from the date on which it receives the written report after going through the deliberation of the Broadcasting Dispute Conciliation Committee provided for in the provisions of Article 35-3. <Newly Inserted on Jan. 26, 2007; Feb. 29, 2008> |
[Title Amended on Jan. 26, 2007]
| Article 76-2 (General Viewing and Listening Right Guarantee Committee) |
| (1) | A General Viewing and Listening Right Guarantee Committee shall be established under the Korea Communications Commission in order to efficiently perform the duties of publishing the events that are greatly popular with the people, etc. pursuant to Article 76 (2). <Amended on Feb. 29, 2008> |
| (2) | The Chairperson of the Korea Communications Commission shall appoint not more than seven members of the General Watching and Listening Right Guarantee Committee with the consent of the Korea Communications Commission. <Amended on Feb. 29, 2008> |
| (3) | The composition and operation of the General Watching and Listening Right Guarantee Committee and other necessary matters shall be prescribed by the Korea Communications Commission's regulations. <Amended on Feb. 29, 2008> |
[This Article Newly Inserted on Jan. 26, 2007]
| Article 76-3 (Measures, etc. Taken to Guarantee General Watching and Listening Right) |
| (1) | No broadcasting business entity and person who hold the right to relay broadcasting, etc. shall engage in, or cause any third person to engage in, any of the following acts (hereafter in this Article referred to as "prohibited act") in order to guarantee the general watching and listening right of the people pursuant to Article 76 (3): <Amended on Jan. 27, 2016> |
| 1. | A failure to secure a means of broadcasting by which the households of at least the percentage prescribed by Presidential Decree out of the total households, may watch and listen the events that are greatly popular with the people, etc. (hereinafter referred to as “means of general broadcasting”) as a person who hold the right to relay broadcasting, etc.; |
| 2. | A failure to broadcast the events that are greatly important with the people, etc. by a means of general broadcasting without good cause, Despite although he/she has the right to relay broadcasting; |
| 3. | Refusing or delaying the sale or purchase of the right to relay broadcasting without good cause; |
| 4. | A failure to provide a film footage for news reporting, commentaries, etc. on the events that are greatly popular with the people, etc. to broadcasting business entities, Internet multimedia broadcasting business entities, etc. without good cause. |
| (2) | The Korea Communications Commission may order any broadcasting business entity, person who holds the right to relay broadcasting, etc., who have engaged in, or caused any third person to engage in, any prohibited act to take necessary corrective measures, such as to stop engaging in the prohibited act. In such case, the Korea Communications Commission shall give the relevant parties an opportunity to state their opinion within a specified period before it orders them to take the corrective measures: Provided, That the same shall not apply where the relevant parties refuse to state their opinions without good cause. <Amended on Feb. 29, 2008; Jan. 27, 2016> |
| (3) | Where necessary to investigate the facts as to whether a broadcasting business entity, person who holds the right to relay broadcasting, etc. has engaged in, or caused any third person to engage in, the prohibited act, the Korea Communications Commission may request materials from the broadcasting business entity, person who holds the right to relay broadcasting, etc., as prescribed by Presidential Decree, or require a subordinate public official to enter the office or place of business of the broadcasting business entity, person who holds the right to relay broadcasting, etc. to conduct an investigation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2016; Jun. 9, 2020> |
| (4) | Where a business entity, person who holds the right to relay broadcasting, etc. fail to take corrective measures ordered under paragraph (2) without good cause, the Korea Communications Commission may impose a penalty charge to the broadcasting business entity, person who holds the right to relay broadcasting, etc. within a maximum of the amount computed by multiplying 5/100 by the total contract amount of the relevant right to relay broadcasting. <Amended on Feb. 29, 2008; Dec. 10, 2019> |
| (5) | A public official who conducts an investigation pursuant to paragraph (3) shall carry a certificate indicating his/her authority and produce it to persons concerned. <Amended on Mar. 23, 2013> |
| (6) | Detailed types of, and standards for, prohibited acts, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016> |
[This Article Newly Inserted on Jan. 26, 2007]
| Article 76-4 (Recommendation to Conclusion of Joint Contract of Right to Relay Broadcasting) |
The Korea Communications Commission may recommend broadcasting business entities and persons who hold the rights to relay broadcasting to conclude a joint contract for the right to relay broadcasting in order to guarantee the general watching and listening right for the events that are greatly popular with the people, etc. and prevent any excessive competition for securing the right to relay broadcasting. <Amended on Feb. 29, 2008; Jun. 9, 2020>
[This Article Newly Inserted on Jan. 26, 2007]
| Article 76-5 (Recommendation to Orderly Program Relay Broadcasting, etc.) |
| (1) | Every broadcasting business entity shall work not to infringe on the rights and interests of the viewers when he exercises his right to relay broadcasting for the events that are greatly popular with the people, etc. due to his excessively duplicative broadcast programming and work to orderly program his broadcasting by channel and media. <Amended on Jun. 9, 2020> |
| (2) | The Korea Communications Commission may recommend broadcasting business entities to orderly and efficiently program their broadcasting by channel and media referred to in the provisions of paragraph (1). <Amended on Feb. 29, 2008> |
[This Article Newly Inserted on Jan. 26, 2007]
| Article 77 (Approval of Terms and Conditions for Pay Television) |
| (1) | A broadcasting business entity, a CATV relay broadcasting business entity, and a CATV music broadcasting business entity who intends to provide pay television services shall stipulate the terms and conditions concerning user fees and other conditions, and report such terms and conditions to the Minister of Science and ICT, and obtain approval from the Minister of Science and ICT for the user fees. The same shall also apply to any modification to the reported terms and conditions or the approved user fees: Provided, That the broadcasting business entity, CATV relay broadcasting business entity, and CATV music broadcasting business entity shall report the user fees of services announced by the Minister of Science and ICT to the Minister of Science and ICT (including reporting of modifications to such user fees) if they intends to provide the services to viewers allowing them an option to select a broadcasting program or channel. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2016; Jul. 26, 2017; Jun. 9, 2020> |
| (2) | Where a broadcasting business entity, a CATV relay broadcasting business entity, and a CATV music broadcasting business entity who provides pay television services modifies any of the terms and conditions under paragraph (1), he/she shall give notice thereof to users, as prescribed by Presidential Decree. <Newly Inserted on May 28, 2014> |
| (3) | Where the Minister of Science and ICT deems that the terms and conditions stipulated under paragraph (1) are substantially unfair or negligence in giving notice of the modified terms and conditions under paragraph (2) hampers viewers' interests, he/she may issue an order, etc. that requires the relevant broadcasting business entity, CATV relay broadcasting business entity, and CATV music broadcasting business entity who provides pay television services to modify the relevant terms and conditions or to give notice reminding such modification within a substantial period. <Amended on Feb. 29, 2008; Mar. 23, 2013; May 28, 2014; Jul. 26, 2017; Jun. 9, 2020> |
| Article 78 (Re-Transmission) |
| (1) | A CATV broadcasting business entity, a satellite broadcasting business entity (excluding a satellite broadcasting business entity providing digital multimedia broadcasting), and a CATV relay broadcasting business entity shall receive the terrestrial broadcasts (excluding radio broadcasts) conducted by the Korean Broadcasting System and the Korea Educational Broadcasting System established under the Korea Educational Broadcasting System Act, and simultaneously re-transmit such terrestrial broadcasts without any modification (hereinafter referred to as "simultaneous re-transmission"): Provided, That this shall not apply where the broadcasting zones of the relevant CATV broadcasting business entity and the CATV relay broadcasting business entity are not included in the broadcasting zone of the relevant broadcasting business entity providing the terrestrial broadcasts. <Amended on Apr. 20, 2002; Mar. 22, 2004; Aug. 13, 2013; Dec. 10, 2019; Jun. 9, 2020> |
| (2) | Notwithstanding the main clause of paragraph (1), where a terrestrial broadcasting business entity under paragraph (1) operates several terrestrial broadcasting channels, the terrestrial broadcast to be simultaneously re-transmitted shall be limited to one terrestrial broadcast channel designated and announced by the Minister of Science and ICT, considering the content, etc. of broadcast programming of each terrestrial broadcasting business entity. <Newly Inserted on Apr. 20, 2002; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | The provisions concerning the simultaneous relay broadcasting rights under Article 85 of the Copyright Act shall not apply to simultaneous re-transmission under paragraph (1). <Amended on Dec. 28, 2006; Jun. 9, 2020> |
| (4) | A CATV broadcasting business entity, a CATV relay broadcasting business entity, and a satellite broadcasting business entity shall obtain approval from the Minister of Science and ICT in order to simultaneously retransmit the terrestrial broadcasts as classified below: <Amended on Mar. 13, 2015; Jul. 26, 2017> |
| 1. | A CATV broadcasting business entity and a CATV relay broadcasting business entity: simultaneously re-transmitting the terrestrial broadcasts conducted by a terrestrial broadcasting business entity granted a license outside the relevant broadcasting zone; |
| 2. | A satellite broadcasting business entity: simultaneously re-transmitting the relevant terrestrial broadcasts outside the terrestrial broadcasting zone (excluding simultaneous re-transmission pursuant to paragraphs (1) and (2)). |
| (5) | Deleted. <Jul. 27, 2007> |
| (6) | Types of re-transmission under paragraph (4) and the requirements, procedures for, and term of validity of, approval, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Apr. 20, 2002; Oct. 27, 2006; Jul. 27, 2007> |
| (7) | Deleted. <Dec. 22, 2015> |
| Article 78-2 (Approval, etc. for Re-transmission to the Republic of Korea by Foreign Broadcasting Business Entity) |
| (1) | When a foreign broadcasting business entity (referring to a foreigner who provides broadcasting services that are domestically received from broadcast transmission facilities in a foreign country or wireless facilities of a foreign artificial satellite, including a foreigner who may, in accordance with treaties, provide broadcasting services under this Act; hereinafter the same shall apply) intends to have other broadcasting business entities domestically re-transmit broadcasting services, he shall obtain approval from the Minister of Science and ICT. In this case, the temporary relay transmission of a specific broadcast program, including that in which the standards provided for in Presidential Decree are satisfied, shall not be deemed to be such re-transmission. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall, where it receives an application for approval from any foreign broadcasting business entity under paragraph (1), review the following matters on an overall basis: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Possibility of realizing the fairness and public nature of broadcasting; |
| 2. | Effects on domestic broadcasting and visual industry; |
| 3. | Extent of contribution to the development of domestic broadcasting and visual industry; |
| 4. | Cultural diversity and social needs; |
| 5. | Whether or not there is a domestic branch, office or agent and matters related to the rights and duties with respect to re-transmission delegated to the branch, office or agent by the said foreign broadcasting business entity; |
| 6. | Extent of contribution to the promotion of international friendship and mutual understanding; |
| 7. | Possibility that any broadcast content may constitute a violation of the Review Regulations formulated under Article 33 or any other Act such as the Criminal Act or the Copyright Act. |
| (3) | Any foreign broadcasting business entity who obtains approval under paragraph (1) shall ensure that re-transmitted broadcast content comply with the Review Regulations formulated under Article 33. |
| (4) | The Minister of Science and ICT may, when necessary to perform his/her duties, request any foreign broadcasting business entity (including his domestic branch, office or agent) to submit relevant materials. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The Minister of Science and ICT may revoke the approval granted to any foreign broadcasting business entity under paragraph (1) in the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Where any broadcast content constitutes a violation of paragraph (3); |
| 2. | Where the conditions of approval are not fulfilled; |
| (6) | No person, other than a broadcasting business entity receiving and re-transmitting broadcasting services provided by a foreign broadcasting business entity who has obtained approval under paragraph (1), shall re-transmit programs provided by any other foreign broadcasting business entity. |
| (7) | The scope of and standards for a broadcasting business entity’s re-transmission of broadcasting services, provided by a foreign broadcasting business entity who has obtained approval under paragraph (1), shall be provided for in Presidential Decree. |
| (8) | Matters necessary for the procedures, etc. for approval and revocation thereof under paragraphs (1) and (5) shall be provided for in Presidential Decree. |
[This Article Newly Inserted on Jul. 27, 2007]
| Article 79 (Technological Standards and Completion Inspection, etc. concerning CATV Broadcasting Station Facilities, etc.) |
| (1) | The Minister of Science and ICT shall set forth the matters concerning the installation and maintenance of CATV broadcasting station facilities (including a CATV broadcasting station and the facilities for providing the CATV relay broadcasting or the CATV music broadcasting; hereinafter the same shall apply) and the technological standards necessary for a point of demarcation, etc. of signal transmission and line facilities (hereinafter referred to as "technological standards"), and make a public notification thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A CATV broadcasting business entity, a CATV relay broadcasting business entity, and a CATV music broadcasting business entity shall install the CATV broadcasting station facilities in accordance with the technological standards by the deadline prescribed by Presidential Decree, and undergo the completion inspection by the Minister of Science and ICT. The same shall also apply to the case of any modifications of the installed CATV broadcasting station facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | A CATV broadcasting business entity, a CATV relay broadcasting business entity, and a CATV music broadcasting business entity may install the signal transmission or line facilities by themselves, or use the signal transmission or line facilities of a signal transmission network business entity or the telecommunication facilities of a fundamental telecommunication business entity under the Telecommunications Business Act, and a CATV broadcasting business entity and a CATV relay broadcasting business entity may reciprocally use their signal transmission or line facilities. <Amended on Mar. 22, 2010> |
| (4) | A CATV broadcasting business entity, a CATV relay broadcasting business entity and a CATV music broadcasting business entity may, where they are unable to install the CATV broadcasting station facilities by the deadline prescribed by Presidential Decree due to force majeure or other unavoidable grounds, request the Minister of Science and ICT to extend the deadline for installation of facilities under the conditions prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| Article 80 (Verification of Installation of Signal Transmission or Line Facilities) |
When a CATV broadcasting business entity, a CATV relay broadcasting business entity and a CATV music broadcasting business entity install the signal transmission or line facilities by themselves, or when a signal transmission network business entity or a fundamental telecommunication business entity enters into a contract with a CATV broadcasting business entity or a CATV relay broadcasting business entity for the use of signal transmission or line facilities, their signal transmission or line facilities shall be installed in accordance with the technical standards, and verified by the Minister of Science and ICT. This shall also apply where the installed signal transmission or line facilities are modified. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>
| Article 81 Deleted. <Jan. 27, 2016> |
| Article 82 Deleted. <Jan. 27, 2016> |
| Article 83 (Recording and Preservation of Broadcast Content) |
| (1) | A broadcasting business entity, a CATV relay broadcasting business entity, an electric sign board broadcasting business entity, and a CATV music broadcasting business entity shall record and keep the broadcast content (including broadcast programs and commercials) in a broadcast log, and shall submit the results of conducting broadcasts to the Minister of Science and ICT or the Korea Communications Commission, pursuant to the following classifications, within one month after the broadcasting unless there is a compelling reason not to do so: <Amended on Feb. 29, 2008; Jul. 31, 2009; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| 1. | A broadcasting business entity, a CATV relay broadcasting business entity, an electric sign board broadcasting business entity, and a CATV music broadcasting business entity eligible under Article 14 (6) 1: the Minister of Science and ICT; |
| 2. | A broadcasting business entity eligible under Article 14 (6) 2: the Korea Communications Commission. |
| (2) | A broadcasting business entity shall preserve the original or copy of the broadcast programs (including previews; hereinafter the same shall apply) and commercials broadcasted (excluding re-transmission) for six months after broadcasting. <Amended on Oct. 27, 2006; Jul. 31, 2009; Jun. 9, 2020> |
| (3) | Matters necessary for the recording of a broadcast log, the time for submission, etc. of the results of conducting broadcasts under paragraph (1) and the preservation, etc. of the original or a copy of the broadcast programs and commercials by business entities under paragraph (2) shall be determined respectively by Ordinance of the Ministry of Science and ICT or the Korea Communications Commission's regulations depending on the business under its jurisdiction. <Amended on Feb. 29, 2008; Jul. 31, 2009; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| Article 84 (Reporting on Closure, Suspension, etc. of Business) |
| (1) | When a broadcasting business entity, a CATV relay broadcasting business entity, a CATV music broadcasting business entity, or an electric sign board broadcasting business entity intends to close or suspend business, he/she shall submit a report thereon to the Minister of Science and ICT or the Korea Communications Commission, pursuant to the following classifications: <Amended on Jan. 26, 2007; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | A terrestrial broadcasting business entity, a community radio broadcasting business entity, and a program provider engaged in general programming or specialized programming of news reports: the Korea Communications Commission; |
| 2. | A broadcasting business entity, other than those referred to in subparagraph 1, a CATV relay broadcasting business entity, a CATV music broadcasting business entity, and an electric sign board broadcasting business entity: the Minister of Science and ICT. |
| (2) | A broadcasting business entity, a CATV relay broadcasting business entity, and a CATV music broadcasting business entity may suspend business only where unavoidable circumstances, such as force majeure events, exist. <Amended on Jun. 9, 2020> |
| (3) | Procedures for reporting on the closure and suspension of business under paragraphs (1) and (2), and other necessary matters shall be determined respectively by Ordinance of the Ministry of Science and ICT or the Korea Communications Commission's regulations depending on the business under its jurisdiction. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| Article 85 (Exclusion from Application to Pay Television, etc. by Broadcast Program) |
| Articles 71 through 74 shall not apply to a broadcasting business entity that engages in the pay television by broadcast program. <Amended on Mar. 22, 2010> |
| Article 85-2 (Prohibited Acts) |
| (1) | No broadcasting business entity, CATV relay broadcasting business entity, CATV music broadcasting business entity, electric sign board broadcasting business entity, and signal transmission network business entity (hereinafter referred to as "broadcasting business entity, etc.") shall engage in, or cause any third person to engage in, any of the following acts which hamper or likely to hamper fair competition among the entities or viewers’ interests (hereinafter referred to as "prohibited act"): <Amended on Mar. 13, 2015; Dec. 22, 2015> |
| 1. | Refusing, interrupting or restricting access to the facilities essential for providing channels or programs or for rendering services by other broadcasting business entities, etc., or changing broadcast programming, without good cause; |
| 2. | Refusing, deferring or restricting the distribution of reasonable profits to other broadcasting business entities, etc.; |
| 3. | Unduly obstructing viewers' watching broadcasts of other broadcasting business entities, etc. or the conclusion of an agreement for service provision by other broadcasting business entities, etc.; |
| 4. | Unduly discriminating viewers, thus resulting in the provision of a broadcasting service with substantially favorable or unfavorable conditions in terms of fees or usage; |
| 5. | Providing a broadcasting service in contravention of the terms and condition for use of the service, or charging for a service in discordance with the service contract; |
| 6. | Unduly using viewers' personal information that has come to its knowledge in the course of providing a broadcasting service; |
| 7. | Unfairly determining, cancelling or changing the date, time, quantity and production costs of products marketing broadcasting by a program provider engaging in specialized programming featuring and marketing products, against a supplier on condition of broadcasting programming; |
| 8. | Prohibiting a person who intends to appear in a broadcast program from appearing in the broadcast program, at the request of a person other than the executive and staff of the broadcasting business entity, for a reason irrelevant to the production of the broadcast program, against the intent of a decision on the provisional measure, final and conclusive decision, conciliation, arbitration, etc. between the person who intends to appear in the broadcast program and a person other than broadcasting business entity. |
| (2) | The Korea Communications Commission may order a broadcasting business entity, etc. who engages in a prohibited act to stop engaging in the relevant prohibited act, delete or change the relevant provisions of the contract, publish the fact that it has been ordered to take a corrective measure for engaging in a prohibited act, or take other necessary corrective measures. In the cases falling under paragraph (1) 7, it shall notify the Minister of Science and ICT of the relevant facts. <Amended on Mar. 13, 2015; Jul. 26, 2017> |
| (3) | When a broadcasting business entity, etc. engages in a prohibited act, the Korea Communications Commission may impose, in consultation with the Fair Trade Commission, a penalty surcharge within a maximum of 2/100 of the sales proceeds prescribed by Presidential Decree on such broadcasting business entity, etc.: Provided, That the Korea Communications Commission may impose a penalty surcharge not exceeding 500 million won where no sales proceeds accrue to the broadcasting business entity, etc. because such broadcasting business entity, etc. has not commenced its business or suspends its business, or it is hard to calculate the sales proceeds as prescribed by Presidential Decree. |
| (4) | When necessary for investigating the facts as to whether a broadcasting business entity, etc. has engaged in a prohibited act, the Korea Communications Commission may request materials from the relevant broadcasting business entity, etc., as prescribed by Presidential Decree. |
| (5) | Detailed types of, and criteria for, prohibited acts, and other necessary matters shall be prescribed by Presidential Decree. |
| (6) | When the Korea Communications Commission has issued a corrective order under paragraph (2) or imposed a penalty surcharge under paragraph (3) in relation to a broadcasting business entity, etc.’ violation of paragraph (1), the Korea Communications Commission shall neither issue a corrective order nor impose a penalty surcharge under the Monopoly Regulation and Fair Trade Act and the Act on Fair Transactions in Large Franchise and Retail Business, for the same violation committed by the broadcasting business entity, etc. for the same reason. <Amended on Mar. 13, 2015> |
[This Article Newly Inserted on Jul. 14, 2011]
CHAPTER VI PROTECTION OF RIGHTS AND INTERESTS OF VIEWERS
| (1) | A broadcasting business entity shall establish an organization to review broadcast programs internally, and review broadcast programs (excluding broadcast programs concerning news reports) before they are broadcasted: Provided, That a community radio broadcasting business entity shall hold broadcasting review meetings in which the audience living within the coverage area participate, at least once a year. <Amended on Jul. 31, 2009; Jun. 9, 2020> |
| (2) | No broadcasting business entity shall broadcast any commercial that contains any content misleading viewers, including falsity and exaggeration. <Newly Inserted on Jul. 31, 2009> |
| (3) | A broadcasting business entity may review commercials internally before broadcasting them, or by entrusting a broadcast-related institution or agency reported to the Korea Communications Commission to conduct review. <Newly Inserted on Jul. 31, 2009> |
[This Article Wholly Amended on Jun. 27, 2006]
| Article 87 (Viewers' Committee) |
| (1) | Any of the following broadcasting business entities shall have a viewers' committee in order to protect viewers' rights and interests: <Amended on Mar. 14, 2017> |
| 1. | A broadcasting business entity engaged in general programming; |
| 2. | A broadcasting business entity engaged in specialized programming of news reports; |
| 3. | A broadcasting business entity engaged in introducing and selling products. |
| (2) | A broadcasting business entity under paragraph (1) shall commission the members of viewers committee, from among the persons who may represent viewers of all walks of life, upon recommendation of the organizations determined by the Korea Communications Commission's regulations. <Amended on Feb. 29, 2008; Jun. 9, 2020> |
| (3) | Matters necessary for the composition and operation of a viewers' committee shall be prescribed by Presidential Decree. |
| Article 88 (Rights and Duties of Viewers' Committee) |
| (1) | The rights and duties of a viewers' committee shall be as follows: <Amended on Jun. 9, 2020> |
| 1. | Presentation of opinions or request for correction on the broadcast programming; |
| 2. | Presentation of opinions or request for correction on the self review rules of a broadcasting business entity and the contents of broadcast programs; |
| 3. | Selection and appointment of viewer critics; |
| 4. | Other affairs concerning the protection of and relief for infringements on viewers' rights and interests. |
| (2) | The representative of a viewers' committee may appear before the Korea Communications Commission, and make a statement of his/her opinions. <Amended on Feb. 29, 2008> |
| Article 89 (Viewers Evaluation Program) |
| (1) | A broadcasting business entity engaged in general programming or specialized programming of news reports shall converge the opinions of viewers on the broadcasting operation and broadcast programs of the relevant broadcasting business entity, and compile a viewers evaluation program in excess of 60 minutes per week. <Amended on Dec. 10, 2019> |
| (2) | One viewer critic selected and appointed by the viewers' committee may appear in the viewers evaluation program in person, and make a statement of opinions. |
| Article 90 (Obligations of Broadcasting Business Entity) |
| (1) | Any of the following broadcasting business entities shall, where he/she receives opinions or a request for correction from the viewers committee under Article 88 (1) 1 and 2, comply with it unless there is a compelling reason not to do so: <Amended on Mar. 14, 2017; Jun. 9, 2020> |
| 1. | A broadcasting business entity engaged in general programming; |
| 2. | A broadcasting business entity engaged in specialized programming of news reports; |
| 3. | A broadcasting business entity engaged in introducing and selling products. |
| (2) | The viewers committee may, where a broadcasting business entity unreasonably refuses to comply with a presentation of opinions or a request for correction made by it, request the Korea Communications Commission for a settlement of viewers' complaint. <Amended on Feb. 29, 2008> |
| (3) | Broadcasting business entities falling under any subparagraph of paragraph (1) shall, where the viewers committee requests a submission of data or an appearance and replies by a relevant party, which are necessary for carrying out its duties under each subparagraph of Article 88 (1), comply with such request unless there is a compelling reason not to do so. <Amended on Mar. 14, 2017; Jun. 9, 2020> |
| (4) | Broadcasting business entities falling under any subparagraph of paragraph (1) shall report the results of a review by the viewers committee and the matters concerning their settlements to the Korea Communications Commission. In such cases, the Korea Communications Commission shall notify the Minister of Science and ICT of matters it was briefed on by a broadcasting business entity engaged in specialized programming regarding introducing and selling products. <Amended on Feb. 29, 2008; Mar. 14, 2017; Jul. 26, 2017> |
| (5) | Broadcasting business entities falling under any subparagraph of paragraph (1) shall, under the conditions as prescribed by Presidential Decree, disclose the information concerning the broadcasting business requested by the viewers. <Amended on Mar. 14, 2017; Jun. 9, 2020> |
| Article 90-2 (Community Media Foundation) |
| (1) | The Korea Communications Commission shall establish a community media foundation for such purposes as facilitating viewers’ participation in broadcasting and promoting their rights and benefits: <Amended on May 28, 2014; Dec. 22, 2015> |
| 1. | Deleted. <May 28, 2014> |
| 2. | Deleted. <May 28, 2014> |
| 3. | Deleted. <May 28, 2014> |
| 4. | Deleted. <May 28, 2014> |
| (2) | The community media foundation shall be a corporation. <Amended on May 28, 2014; Dec. 22, 2015> |
| (3) | The community media foundation shall have executives and necessary employees, as prescribed by the articles of incorporation. <Amended on May 28, 2014; Dec. 22, 2015> |
| (4) | The community media foundation shall perform the following projects: <Amended on May 28, 2014; Dec. 22, 2015> |
| 1. | Education, activity-based programs and public relations about media; |
| 2. | Support for broadcasting programs produced by viewers; |
| 3. | Support for use of various broadcast-production facilities; |
| 4. | Other projects for facilitating viewers’ participation in broadcasting and for promoting their rights and benefits; |
| 5. | Projects prescribed as the business affairs of, or entrusted to, the community media foundation under this Act or other statutes or regulations; |
| 6. | Projects entrusted from the State or a local government. |
| (5) | The community media foundation may establish a community media center in a necessary place, as prescribed by the articles of corporation, to perform the projects referred to in paragraph (4). <Newly Inserted on Dec. 22, 2015> |
| (6) | Except as otherwise expressly provided in this Act, the provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to the community media foundation. <Amended on May 28, 2014; Dec. 22, 2015> |
| (7) | The State or a local government may grant contributions to wholly or partially cover the expenses incurred in establishing and operating the community media foundation. <Amended on May 28, 2014; Dec. 22, 2015> |
| (8) | Standards for establishment of community media foundation under paragraph (1), the operation thereof and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 28, 2014; Dec. 22, 2015> |
[This Article Newly Inserted on Jan. 17, 2012]
[Title Amended on Dec. 22, 2015]
CHAPTER VI-2 RESOLUTION OF BROADCASTING DISPUTES
| Article 91 (Initiation of Conciliation) |
| (1) | Where any of the following disputes arises between or among the persons prescribed in Article 35-3 (1), each business entity may apply for conciliation with the Broadcasting Dispute Conciliation Committee established under Article 35-3 (hereinafter referred to as the “Broadcasting Dispute Conciliation Committee”): |
| 1. | A dispute regarding the supply and demand of broadcast programs, channels and content for Internet multimedia broadcasting; |
| 2. | A dispute regarding the use of telecommunications facilities necessary for transmitting broadcasting and Internet multimedia broadcasting; |
| 3. | A dispute regarding broadcasting zones; |
| 4. | A dispute regarding property interests, such as the right to relay the broadcasting; |
| 6. | Other disputes regarding the operation of broadcasting business or Internet multimedia broadcasting business. |
| (2) | The Broadcasting Dispute Conciliation Committee shall initiate conciliation procedures on the date it receives an application for conciliation filed under paragraph (1). |
| (3) | Matters stated in the application form filed under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 91-2 (Recommendation for Agreement) |
| (1) | Upon initiating conciliation pursuant to Article 91 (1), the Broadcasting Dispute Conciliation Committee may recommend the disputing parties agree with each other within a specified period. |
| (2) | No recommendation made under paragraph (1) shall affect any steps taken in the course of conciliation. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 91-3 (Refusal and Discontinuance of Conciliation) |
| (1) | The Broadcasting Dispute Conciliation Committee may refuse the conciliation under Article 91 (1) in any of the following cases: |
| 1. | Where the application for conciliation is filed by a business entity not falling under Article 91 (1); |
| 2. | Where the application for conciliation is filed regarding an issue that is not a subject matter of conciliation provided in the subparagraphs of Article 91 (1); |
| 3. | Where the applicant files an application for conciliation twice or more for the same issue with the same purposes; |
| 4. | Where the content of the application is illegal or the application is filed for an improper purpose; |
| 5. | Other similar cases prescribed by Presidential Decree. |
| (2) | Where the Broadcasting Dispute Conciliation Committee becomes aware of that either of the disputing parties has filed a lawsuit on the ground of the dispute, which is the subject matter of conciliation, in the course of conciliation initiated under Article 91 (1), or has filed a lawsuit before it initiates the conciliation, it shall discontinue conciliation procedures and give notice thereof to the disputing parties: Provided, That the Broadcasting Dispute Conciliation Committee may resume conciliation procedures, where the lawsuit is withdrawn. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 91-4 (Conciliation Procedures) |
| (1) | The Broadcasting Dispute Conciliation Committee shall give the disputing parties or interested persons an opportunity to state their opinions, unless there is a compelling reason not to do so. |
| (2) | The Broadcasting Dispute Conciliation Committee may request necessary materials from the disputing parties, interested persons, and relevant administrative agencies, etc., if deemed necessary for conciliating a dispute. |
| (3) | The Broadcasting Dispute Conciliation Committee shall prepare a conciliation proposal by examining the conciliation case within 60 days from initiation of conciliation procedures: Provided, That it may extend the processing period by up to 30 days on one occasion only by its resolution, in exceptional circumstances. |
| (4) | Upon preparation of the conciliation proposal under paragraph (3), the Broadcasting Dispute Conciliation Committee shall give notice of such conciliation proposal to the disputing parties. |
| (5) | Except as otherwise expressly prescribed in paragraphs (1) through (4), procedures and methods for conciliation, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 91-5 (Validity, etc. of Conciliation) |
| (1) | Each disputing party in receipt of the conciliation proposal notified under Article 91-4 (4) shall notify the Broadcasting Dispute Conciliation Committee as to whether it accepts the conciliation proposal within 15 days from receipt of the conciliation proposal. In such case, any party that fails to indicate its intention of acceptance within the afore-mentioned period shall be construed as refusing conciliation. |
| (2) | The conciliation shall be completed when all disputing parties accept the conciliation proposal notified under Article 91-4 (4), pursuant to paragraph (1), and the chairperson of the Broadcasting Dispute Conciliation Committee shall prepare a conciliation protocol and send it to all disputing parties without delay. |
| (3) | Once the conciliation is completed, it shall have the same effect as a judicial compromise. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 91-6 (Termination of Conciliation) |
| (1) | Conciliation shall terminate in any of the following circumstances: |
| 1. | Where agreement is reached following a recommendation for agreement under Article 91-2; |
| 2. | Where the Broadcasting Dispute Conciliation Committee refuses conciliation under Article 91-3 (1); |
| 3. | Where a disputing party fails to indicate its intention of accepting the conciliation proposal within the specified period under the latter part of Article 91-5 (1), or indicates its intention of refusal; |
| 5. | Where the ruling of the lawsuit filed on the ground of the dispute subject to conciliation becomes final and conclusive. |
| (2) | Upon termination of conciliation under paragraph (1), the Broadcasting Dispute Conciliation Committee shall give notice stating the termination of conciliation and the reason for termination, to all disputing parties. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 91-7 (Orders to Maintain or Resume Broadcasting) |
| (1) | The Korea Communications Commission may order a broadcasting business entity, CATV relay broadcasting business entity, or Internet multimedia broadcasting business entity to maintain or resume the provision or transmission of broadcasting programs or channels for a period specified by the Korea Communications Commission, which shall not exceed 30 days, in any of the following circumstances under which viewers’ interests are, or likely to be, substantially hampered: Provided, That it may extend the period by up to 30 days on one occasion only, where it is necessary to maintain or resume the provision or transmission of broadcasting programs or channels upon the expiration of such period: <Amended on Jun. 9, 2020> |
| 1. | Where it is notified to business entities or viewers that the realtime provision or transmission of a broadcasting program about an event that is greatly popular with the people, etc. defined under Article 76 (2) has been suspended or will be suspended; |
| 2. | Where it is notified to business entities or viewers that the provision or transmission of a terrestrial broadcasting channel, other than simultaneous re-transmission channels referred to in Article 78 (1) and (2), has been suspended or will be suspended. |
| (2) | Where the Broadcasting Dispute Conciliation Committee deems that a dispute that is being conciliated falls under paragraph (1), it may propose that the Korea Communications Commission issue an order under paragraph (1) to the relevant business entity. |
| (3) | No order issued under paragraph (1) shall affect the conciliation procedures provided in Articles 91, 91-2 through 91-6. |
[This Article Newly Inserted on Dec. 22, 2015]
CHAPTER VII SUPPORT FOR DEVELOPMENT OF BROADCASTING
| Article 92 (Support for Development of Broadcasting) |
| (1) | The Government shall have the variety of broadcasts equally enjoyed by the people, and endeavor for the development and promotion of the broadcasting culture. |
| (2) | The Minister of Culture, Sport and Tourism shall devise and implement the policies required for the advancement of broadcasting and image industries. <Amended on Feb. 29, 2008> |
| (3) | The Minister of Science and ICT shall devise and implement the policies required for the broadcasting technologies and facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 92-2 (Tax Relief for Production of Animations) |
Where a broadcasting business entity produces an animation program, the Government may grant a tax exemption or reduction, as prescribed by tax related Acts, including the Restriction of Special Taxation Act. [This Article Newly Inserted on Jan. 17, 2012]
| Article 93 (Storage and Utilization of Broadcast Programs) |
The broadcasting business entities may jointly establish and operate a depository of broadcast programs for the efficient collection, storage, distribution and utilization, etc. of the broadcast programs.
| Article 94 (Fostering, etc. of Broadcasting Professionals) |
The Government may devise the policies required for the support, etc. of the professional training institutions and broadcast-related curricula, etc. in order to foster the broadcasting professionals.
| Article 95 (Creation and Support of Broadcast Production Complex) |
| (1) | The Government may, where the broadcasting business entities jointly create a broadcast production complex, provide the required supports. |
| (2) | The Government may have a broadcast production complex under paragraph (1) linked and operated with an information and communication complex or image production complex. <Amended on Jun. 9, 2020> |
| Article 96 (Support for Distribution, etc. of Broadcast Programs) |
| (1) | The Minister of Culture, Sport and Tourism may provide supports so as to allow the cinematographic works such as image and video to be produced as the broadcast programs, and be distributed, utilized or exported in multi-phases by broadcast media. <Amended on Feb. 29, 2008> |
| (2) | The Minister of Science and ICT may provide supports so as to bring about the acceleration of development, utilization and export of the broadcasting technologies and facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 97 (International Cooperation of Broadcasting) |
The Government or the Korea Communications Commission may provide supports for the projects which may accelerate the international cooperations such as international exchanges, joint production of broadcast programs, mutual exchanges of broadcasting professionals, and joint development of broadcasting technologies with the broadcast-related institutions and organizations of foreign countries. <Amended on Feb. 29, 2008>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 98 (Submission of Materials) |
| (1) | The Government or the Korea Communications Commission may request related materials from a broadcasting business entity, a CATV relay broadcasting business entity, an electric sign board broadcasting business entity, a CATV music broadcasting business entity, a signal transmission network business entity, or an external producer, where necessary for carrying out its affairs. <Amended on Feb. 29, 2008; Jan. 27, 2016> |
| (2) | Deleted. <Dec. 22, 2015> |
| (3) | The Korea Communications Commission may request relevant individuals, corporations, organizations, or institutions to submit materials necessary for conducting a survey on or determine the viewer rate, share of audience, etc. <Newly Inserted on Jul. 31, 2009> |
| Article 98-2 (Public Announcement of Assets Status) |
| (1) | Every broadcasting business entity and Internet multimedia broadcasting business entity shall submit its asset status annually to the Korea Communications Commission in order to provide the transparent accounting information of broadcasting markets: Provided, That this shall not apply to business entities prescribed by Presidential Decree, among the business entities whose sales from broadcasting business in the immediately preceding business year does not exceed 100 million won. |
| (2) | The Korea Communications Commission shall publicly announce the asset status of business entities submitted under paragraph (1). |
| (3) | Detailed matters necessary for the business entities to submit the asset status under paragraph (1), such as the data to be submitted in relation to the asset status, and timing for submission, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 99 (Corrective Orders, etc.) |
| (1) | The Minister of Science and ICT or the Korea Communications Commission may, depending on the business under his/her or its jurisdiction, issue a corrective order to a broadcasting business entity, a CATV relay broadcasting business entity, an electric signboard broadcasting business entity, or a CATV music broadcasting business entity, if: <Amended on Jul. 27, 2007; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | It is found to have substantially hampered viewers' interest, by engaging in such act as suspending broadcasting without good cause; |
| 2. | It is found to have violated this Act or any of the requirements for licensing, approval, or registration. |
| (2) | The Minister of Science and ICT may issue an order for the improvement of facilities, if any facility installed by a broadcasting business entity (excluding program providers), a signal transmission network business entity, a CATV relay broadcasting business entity, or a CATV music broadcasting business entity is found to have violated this Act or any of the requirements for licensing, approval, or registration. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| Article 100 (Sanctions, etc.) |
| (1) | Where a broadcasting business entity, a CATV relay broadcasting business entity, an electric sign board broadcasting business entity, or an external producer violates any provision of the Review Regulations formulated under Article 33 and the regulations for announcement of sponsors prescribed in Article 74 (2), the Korea Communications Commission may impose a penalty of not more than 50 million won, or impose any of the following sanctions, based on the cause, gravity, and frequency of the violation. The same shall also apply, if deemed necessary for imposing a sanction as a result of the settlement of viewers' complaints prescribed in Article 35: Provided, That, where such business entity’s violation of the Review Regulations, etc. is grave enough to impose a sanction, the Korea Communications Commission may advise or suggest its opinions to the relevant business entity, or the person in charge of, or related to, the relevant broadcast program or commercial: <Amended on Oct. 27, 2006; Feb. 29, 2008; Jul. 31, 2009; Dec. 22, 2015; Jan. 27, 2016> |
| 1. | Deleted; <Mar. 23, 2013> |
| 2. | A correction, rectification, or suspension of the relevant broadcast program or commercial; |
| 3. | A disciplinary action against the person in charge of broadcast programming or the person related to the relevant broadcast program or commercial; |
| (2) | Where the sanction prescribed in paragraph (1) is imposed due to a person cast for the relevant broadcast program, the relevant broadcasting business entity shall take an appropriate measure, such as a warning, restrictions on casting for the relevant broadcasting program. <Newly Inserted on Oct. 27, 2006; Jun. 9, 2020> |
| (3) | Notwithstanding paragraph (1), the Korea Communications Commission may impose a penalty surcharge of not more than 100 million won for the following grave violations: <Newly Inserted on Oct. 27, 2006; Feb. 29, 2008; Jun. 9, 2020> |
| 1. | Violation of the Review Regulations in terms of lewdness, decadence, violence, etc.; |
| 2. | Violation of the Review Regulations for such grounds as appearing on broadcasting after having taken, injected, inhaled, or drunken narcotics defined under subparagraph 1 of Article 2 of the Narcotics Control Act; |
| 3. | Repeated violation of the Review Regulations for the same ground, as prescribed by Presidential Decree, although any of the sanctions provided for in paragraph (1) 1 through 3 was imposed. |
| (4) | Upon receipt of imposition of the penalty or sanction prescribed in paragraph (1) or (3), a broadcasting business entity, a CATV relay broadcasting business entity, an electric sign board broadcasting business entity, and an external producer shall broadcast without delay the full text of the decision made by the Korea Communications Commission with regard to the content of the relevant order (excluding an external producer), and implement the sanction within seven days from receipt of such sanction, and report the outcomes of implementation to the Korea Communications Commission. <Amended on Oct. 27, 2006; Feb. 29, 2008; Jul. 31, 2009; Jan. 27, 2016> |
| (5) | Where a program provider that engages in specialized programming of the introduction and sale of products is subject to penalty surcharges or sanctions prescribed in paragraph (1) or (3) as it violates the matters prescribed by the Review Regulations referred to in Article 33 by broadcasting content misleading viewers such as falsity and exaggeration, it shall post the full text of the decision thereon made by the Korea Communications Commission on the website that it operates in accordance with the standards and methods prescribed by Presidential Decree or shall notify consumers who purchased the relevant products of such text by mail, email, or any other means. In such cases, the program provider that engages in specialized programming of the introduction and sale of products shall post the text or notify consumers within seven days and shall report the results thereof to the Korea Communications Commission. <Newly Inserted on Mar. 13, 2018> |
| (6) | The Korea Communications Commission shall provide the relevant party or his/her agent with an opportunity to state his/her opinions before imposing the penalties or sanction prescribed in paragraphs (1) through (3): Provided, That this shall not apply where the relevant party or his/her agent refuses to state his/her opinions without any justifiable grounds. <Amended on Oct. 27, 2006; Feb. 29, 2008; Jul. 31, 2009; Mar. 13, 2018> |
| (7) | A person dissatisfied with a penalty or sanction imposed under paragraphs (1) and (3) may request for a review to the Korea Communications Commission within 30 days from the date when such penalty or sanction is imposed. <Amended on Oct. 27, 2006; Feb. 29, 2008; Jul. 31, 2009; Mar. 13, 2018; Dec. 10, 2019> |
| (8) | The Korea Communications Commission shall notify the relevant party or his/her agent of the results of a review conducted under paragraph (7). <Amended on Oct. 27, 2006; Feb. 29, 2008; Mar. 13, 2018> |
[Article 100 (1) 1 was deleted by Act No. 11710 promulgated on March 23, 2013 following the decision of unconstitutionality made by the Constitutional Court on August 3, 2012]
The Minister of Science and ICT or the Korea Communications Commission shall hold a hearing in any of the following cases: <Amended on Jul. 27, 2007; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020>
| 1. | Where a renewed license or renewed approval under Article 17 is refused; |
| 2. | Where a license, approval or registration under Article 18 is revoked; |
A person who applies for a license, approval, registration, modified license, modified approval, modified registration, renewed license, or renewed approval under this Act, or who intends to undergo a completion inspection of CATV broadcasting station facilities or signal transmission or line facilities shall pay fees, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
| Article 103 (Delegation or Entrustment of Authority) |
| (1) | The authority of the Minister of Science and ICT under this Act may be delegated, in part, to the Mayors/Do Governors and the head of agencies belonging to the Korea Communications Commission, or entrusted to the Korea Radio Promotion Agency under the Radio Waves Act, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The authority of the Korea Communications Commission under this Act may be delegated, in part, to the Mayors/Do Governors, or entrusted to the head of agencies belonging to the Ministry of Science and ICT or the Korea Radio Promotion Agency under the Radio Waves Act, as prescribed by Presidential Decree. <Newly Inserted on Mar. 23, 2013; Jul. 26, 2017> |
| Article 104 (Legal Fictions as Public Officials in Application of Penalty Provisions) |
| (2) | A person engaged in the affairs entrusted under Article 103 shall be deemed a public official in the application of the penalty provisions under the Criminal Act or other Acts. <Amended on Jan. 27, 2016; Jun. 9, 2020> |
[This Article Wholly Amended on Feb. 29, 2008]
[Title Amended on Jun. 9, 2020]
CHAPTER IX PENALTY PROVISIONS
| Article 105 (Penalty Provisions) |
Any of the following persons shall be subject to imprisonment with labor for not more than two years, or by a fine not exceeding thirty million won: <Amended on May 28, 2014; Dec. 22, 2015; Jun. 9, 2020>
| 1. | A person who regulates or interferes with the broadcast programming, in violation of Article 4 (2); |
| 2. | A person who conducts a broadcasting business, a CATV relay broadcasting business, a CATV music broadcasting business, an electric sign board broadcasting business, or a signal transmission network business, or provides a technology-combined service upon obtaining a license, renewed license, approval or renewed approval, or having been registered under Article 9, 9-3, or 17 by fraud or other improper means; |
| 3. | A person who conducts a broadcasting business, a CATV relay broadcasting business, a CATV music broadcasting business, an electric sign board broadcasting business, or a signal transmission network business, or provides a technology-combined service without obtaining a license, renewed license, approval or renewed approval, or having been registered under Article 9, 9-3, or 17; |
| 4. | A person who divulges or misappropriate any confidential information of the System that he/she has become aware of in the course of performing his/her duties, in violation of Article 53 (3). |
| Article 106 (Penalty Provisions) |
| (1) | Any of the following persons shall be subject to imprisonment with labor for not more than one year, or by a fine not exceeding thirty million won: <Amended on Mar. 22, 2004; Oct. 27, 2006; Jul. 31, 2009; Jun. 9, 2020> |
| 1. | A person who fails to establish or publicly announce a covenant on broadcast programming, in violation of Article 4 (4); |
| 2. | A person who violates a corrective order issued under Article 8 (13); |
| 3. | A person who violates a corrective order issued under Article 14 (6); |
| 4. | A person who obtains a modified license, modified approval, or completes modified registration under Article 15 (1) by fraud or other improper means; |
| 5. | A person who fails to obtain a modified license, modified approval, or complete modified registration under Article 15 (1); |
| 6. | A person who violates a corrective order issued under Article 15-2 (3). |
| (2) | Any of the following persons shall be subject to a fine not exceeding thirty million won: <Amended on Jan. 26, 2007; Feb. 29, 2008; Jun. 9, 2020> |
| 1. | Deleted. <May 28, 2014> |
| 2. | A person who fails to comply with the sanction imposed by the Korea Communications Commission under Article 100 (1). |
| Article 107 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits any violation provided in Article 105 or 106 in connection with the business of the corporation or individual, the corporation or individual shall be subject to a fine provided in the relevant Article, in addition to punishing the violator accordingly: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation. [This Article Wholly Amended on Jun. 8, 2010]
| Article 108 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine of not more than thirty million won: <Amended on Apr. 20, 2002; Mar. 22, 2004; May 18, 2005; Oct. 27, 2006; Jul. 27, 2007; Feb. 29, 2008; Jul. 31, 2009; Jul. 14, 2011; Jan. 17, 2012; May 28, 2014; Mar. 13, 2015; Jun. 22, 2015; Dec. 22, 2015; Jan. 27, 2016; Mar. 13, 2018; Dec. 10, 2019; Jun. 9, 2020> |
| 1. | A person who fails to announce the name of a person in charge of broadcast programming at least on one occasion a day during the broadcasting hours, in violation of Article 4 (3); |
| 1-2. | A person who discontinues or suspends a technology-combined service without reporting pursuant to Article 9-3 (6); |
| 2. | A person who fails to report as prescribed in Article 15 (2) and (3); |
| 2-2. | A person who fails to report as prescribed in the proviso to Article 15-2 (1); |
| 2-3. | Deleted; <Jul. 31, 2009> |
| 3. | A person who fails to indicate the rate of a broadcast program, in violation of Article 33 (4); |
| 3-2. | A person who fails to submit materials under Article 35-5 (3); |
| 4. | A person who arranges the programs of broadcast, in violation of Article 69 (3) through (6); |
| 5. | A person who organizes and operates channels, in violation of Article 70 (1) through (4); |
| 7. | A person who fails to broadcast a broadcast program produced by a viewer, except in extenuating circumstances, in violation of Article 70 (7); |
| 7-2. | A person who organizes and operates channels, in violation of Article 70 (8); |
| 7-3. | A person who disobeys an order issued under Article 70-2 (2); |
| 8. | A person who arranges the programs of broadcast, in violation of Article 71 (1) through (4); |
| 9. | A person who arranges the programs of broadcast, in violation of the programming ratio set under Article 72 (1) and (3); |
| 10. | A person who airs commercials, in violation of Article 73 (1), (2) or (4); |
| 10-2. | A broadcasting business entity who fails to make an agreement without good cause pursuant to Article 73 (6), or an external producer who sells product placement without the agreement under the same paragraph; |
| 10-3. | A person who sells a product placement, in violation of Article 73 (8); |
| 10-4. | A person who fails to submit the data on sales status of commercials, in violation of Article 73-2, or submits it in falsity; |
| 11. | A person who makes an announcement of sponsors, in violation of Article 74 (1) and (2); |
| 11-2. | Deleted; <Mar. 22, 2010> |
| 12. | A person who provides pay television services without reporting on terms and conditions or any modification thereto, or without obtaining approval or approval for modification, in violation of Article 77 (1); |
| 12-2. | A person who fails to give notice of any modification to the terms and conditions to users, in violation of Article 77 (2); |
| 13. | A person who fails to simultaneously re-transmit, in violation of Article 78 (1); |
| 14. | A person who makes re-transmission, in violation of Article 78 (4), and a person who installs and operates facilities for broadcasting by entrustment of a broadcasting business entity and who makes the re-transmission possible, constituting a violation of Article 78 (4); |
| 14-2. | Any of the following foreign broadcasting business entities: |
| (a) | A person who makes re-transmission without approval, in violation of Article 78-2 (1); |
| (b) | A person who makes re-transmission, in violation of Article 78-2 (3); |
| (c) | A person who fails to comply with a request for submission of materials under Article 78-2 (4) or who submits false materials; |
| 14-3. | A person who makes re-transmission, in violation of Article 78-2 (6), or a person who violates the scope of, and standards for, re-transmission under paragraph (7) of the same Article; |
| 15. | A person who fails to undergo a completion inspection or verification, in violation of Article 79 (2) or 80; |
| 16. | Deleted; <Jan. 27, 2016> |
| 17. | A person who fails to record a broadcast log under Article 83 (1) or records it in falsity, or a person who fails to submit the results of conducting broadcast; |
| 18. | A person who fails to keep the original or copy of a broadcast program and commercial, in violation of Article 83 (2); |
| 19. | A person who closes or suspends the business without reporting under Article 84 (1): Provided, That a program provider registered pursuant to the main clause of Article 9 (5) shall be excluded herefrom; |
| 19-2. | A person who refuses to submit materials, in violation of Article 85-2 (4), or submits false materials; |
| 20. | A person who fails to establish an organization for self-review or fails to review the broadcast programs, in violation of Article 86 (1), or a person who airs any commercial that contains misleading contents, such as falsity and exaggeration, in violation of paragraph (2) of the same Article; |
| 21. | A person who fails to establish a viewers’ committee, in violation of Article 87 (1); |
| 22. | A person who fails to arrange a viewers evaluation program, in violation of Article 89 (1); |
| 23. | A person who refuses to submit necessary data or appearance and replies by a relevant party, in violation of Article 90 (3); |
| 24. | A person who fails to report to the Korea Communications Commission on the results of a review by a viewers' committee and their settlements, in violation of Article 90 (4); |
| 25. | Deleted; <Jan. 27, 2005> |
| 25-2. | A person who fails to submit data, in violation of Article 98 (1), or submits false data; |
| 25-3. | A person who fails to submit materials under Article 98 (3), or submits false materials; |
| 26. | A person who fails to submit the status of assets or submits the status of assets in falsity, in violation of Article 98-2 (1); |
| 26-2. | A person who fails to take a measure, such as a warning or restriction on appearing on broadcasting with respect to a broadcasting performer who has violated Article 100 (2); |
| 27. | A person who fails to broadcast the full text of the decision made by the Korea Communications Commission, or fails to report the outcomes thereof to the Korea Communications Commission, in violation of Article 100 (4); |
| 28. | A person who fails to post the full text of the decision made by the Korea Communications Commission on the website that he/she operates, to notify consumers who purchased the relevant products of such text, or to report the results thereof to the Korea Communications Commission, in violation of Article 100 (5). |
| (2) | The Minister of Science and ICT or the Korea Communications Commission (hereinafter referred to as "imposing authority") shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | Deleted. <Dec. 22, 2015> |
| (4) | Deleted. <Dec. 22, 2015> |
| (5) | Deleted. <Dec. 22, 2015> |
| Article 109 (Imposition and Collection of Penalty Surcharges) |
| (1) | The Minister of Science and ICT or the Korea Communications Commission shall take into account the following matters when he/she imposes penalty surcharges under the provisions of this Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| 1. | The contents and extent of the offense; |
| 2. | The duration and frequency of the offense; |
| 3. | The scale, etc. of gains acquired from the offense. |
| (2) | Where any broadcasting business entity that has violated the provisions of this Act has merged, the Minister of Science and ICT or the Korea Communications Commission may impose and collect penalty surcharges by deeming the offense committed by the relevant juridical person to be an act performed by the juridical person existing after the merger or established by the merger. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Dec. 10, 2019> |
| (3) | Where the relevant broadcasting business entity who has been imposed penalty surcharges is divided, or divided and merged (including where division, or division and merger is executed on the date of imposition), the juridical persons falling under each of the following subparagraphs shall be jointly responsible to pay the said penalty surcharges: <Dec. 10, 2019> |
| 1. | The juridical person which is divided; |
| 2. | The juridical person established from division, or division and merger; |
| 3. | Where a part of the company which is divided merges with another company and such another company continues to exist, such another juridical person. |
| (4) | Where any broadcasting business entity that has been imposed penalty surcharges is dissolved due to a division, or division and merger (including where it is dissolved on the date of imposition), the juridical persons falling under each of the following subparagraphs shall be jointly responsible to pay the said penalty surcharge: |
| 1. | The juridical person established from the division, or division and merger; |
| 2. | Where a part of the juridical person which is divided merges with another juridical person and such juridical person continues to exist, such juridical person. |
| (5) | When any obligor for payment of penalty surcharges fails to pay the penalty surcharges until the time limit of payment, the Minister of Science and ICT or the Korea Communications Commission shall urge the said obligor for payment by fixing a period, and when the said obligor fails to pay the penalty surcharges within the fixed period, it of he may collect the penalty surcharges by referring to the examples of dispositions on national taxes in arrears. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (6) | Necessary matters regarding the standards for imposition of penalty surcharges and the collection of penalty surcharges under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
[This Article Newly Inserted on Oct. 27, 2006]
ADDENDA <Act No. 6139, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation, but Article 4 (2) of the Addenda shall enter into force on the date of its promulgation. Article 2 (Repeal of other Acts)
The Acts referred to in the following subparagraphs shall be repealed:
Article 3 (Transitional Measures concerning Korean Broadcasting Commission, etc.)
| (1) | The Korean Broadcasting Commission as prescribed in Article 20 of this Act shall be composed not later than 30 days before this Act enters into force. |
| (3) | Members of the Broadcast Committee under the previous Broadcasting Act at the time of the promulgation of this Act shall perform their duties until the Korea Broadcasting Commission under this Act is composed, even if their terms of office expire before this Act enters into force. |
| (4) | Where the Korea Broadcasting Commission under paragraph (1) is composed, the Korea Broadcasting Commission shall perform the duties of the Broadcasting Committee under the previous Broadcasting Act or the Cable Broadcasting Committee under the previous Composite Cable Broadcasting Act until prior to the date when this Act enters into force. |
Article 4 (Transitional Measures concerning Articles of Incorporation, etc. of Korea Broadcasting System)
| (1) | The Korea Broadcasting System under the previous Korea Broadcasting System Act as at the time this Act enters into force shall be considered the Korea Broadcasting System under this Act. In this case, the articles of incorporation shall be modified and approved by the Korea Broadcasting Commission within three months after this Act enters into force. |
| (2) | The current amount of the TV license fees under the previous Korea Broadcasting System Act as of December 31, 1999 shall be considered to have obtained the approval of the National Assembly under Article 65 from January 1, 2000. |
| (3) | The Korea Broadcasting System under this Act shall succeed to all rights and liabilities of the Korea Broadcasting System under the previous Korea Broadcasting System Act. |
Article 5 (Transitional Measures concerning Composition of Board of Directors and Executive Organs of Korea Broadcasting System)
| (1) | The board of directors and executive organs of the Korea Broadcasting System shall be formed under the provisions of this Act within three months after this Act enters into force. |
| (2) | The directors of the Korea Broadcasting System, including the chairman of the board of directors, as at the time this Act enters into force shall perform their duties until their successors under this Act are selected and appointed. |
| (3) | The president, vice presidents and auditor of the Korea Broadcasting System as at the time this Act enters into force shall perform their duties until their successors under this Act are selected or appointed. |
Article 6 (Transitional Measures concerning Public Service Funds and Public Service Funds Management Committee)
| (1) | Public service funds established, administered and operated by the Korea Broadcasting Advertising Corporation under the Korea Broadcasting Advertising Corporation Act as at the time this Act enters into force shall be considered the Broadcast Development Fund established, administerd and operated by the Korea Broadcasting Commission under the provisions of this Act. |
| (2) | Where the Broadcast Development Fund Management Committee under this Act is composed, the public service funds administration committee under the previous Korea Broadcasting Advertising Corporation Act shall be considered dissolved. |
Article 7 (General Transitional Measures)
| (1) | Administrative dispositions, etc. under the previous Broadcasting Act, Composite Cable Broadcasting Act, Management of Cable Broadcasting Act or Korea Broadcasting System Act as at the time this Act enters into force, the activities and diverse reports, etc. by administrative agencies, Korea Broadcasting Commission, Cable Broadcasting Committee, and other actions toward administrative agencies, Korea Broadcasting Commission, Cable Broadcasting Committee, shall be considered the actions under this Act. |
| (2) | The Korea Broadcasting Commission may defer the authorization for a CATV broadcasting business under Article 9 (3) of this Act during the period as determined in the attached Tables. |
| (3) | During the deferment period under paragraph (2), a CATV broadcasting business entity shall not record the sound and pictures of broadcasts conducted by the terrestrial broadcasting business entities, and re-transmit them. |
| (4) | A program providing business entity liable to register under Article 9 (5) shall obtain authorization of the Korea Broadcasting Commission by December 31, 2000. In this case, the matters concerning the conditions of and procedures for authorization shall be determined by the Commission's regulations. |
Article 8 (Transitional Measures concerning License, etc. for Broadcasting Business)
| (1) | A person who has received a license for a radio station under the Radio Waves Act as at the time this Act enters into force shall be considered a person who is granted a license under the provisions of Article 9 (1) of this Act. |
| (2) | A person who has received a license for a cable broadcasting station under the previous Composite Cable Broadcasting Act as at the time this Act enters into force shall be considered a person who is granted a license under the provisions of Article 9 (2) of this Act, a person who has received a license for a program provider business shall be considered a person who is granted authorization or is registered under the provisions of Article 9 (5) of this Act, and a person who is designated as a network entity shall be considered a person registered under the provisions of Article 9 (10) of this Act. |
| (3) | A person who has received a license as a cable broadcasting business entity under the provisions of the previous Management of Cable Broadcasting Act as at the time this Act enters into force shall be considered a person who is granted a license for a CATV relay broadcasting business under the provisions of Article 9 (2) of this Act, and a person who has received a license as music cable broadcasting business entity shall be considered a person registered as a CATV music broadcasting business entity under the provisions of Article 9 (5). |
| (4) | A person who conducts an electric sign board broadcasts as at the time this Act enters into force shall be considered a person registered as an electric sign board broadcasting business entity under the provisions of Article 9 (5) of this Act: Provided, That he shall be issued a certificate of registration within six months after this Act enters into force. |
Article 9 (Special Cases concerning Restriction on Ownership by Broadcasting Business Entity)
| (1) | Where a corporation operating a daily newspaper under the Registration, etc. of Periodicals Act (including specially related persons) owns the stocks or equity shares of a corporation conducting a news report program provider business under the previous Composite Cable Broadcasting Act as at the time this Act enters into force, it may continue to own the stocks or equity shares, notwithstanding the provisions of Article 8 (3) of this Act, to the extent of the stocks or equity shares the said corporation owns. |
| (2) | Where a person, who has received a license for a broadcasting business under the previous Broadcasting Act or Composite Cable Broadcasting Act as at the time this Act enters into force or who owns the stocks or equity shares of such a business, comes to fall under a conglomerate or its affiliated companies (including specially related persons),he may continue to own the stocks or equity shares, notwithstanding the provisions of Article 8 (3) and (4), to the extent of the stocks or equity shares the said person owns. |
| (3) | A person, who owns the stocks or equity shares of a broadcasting business entity under Article 3 of the Addenda of the Broadcasting Act No. 5529 as at the time this Act enters into force in excess of the limit on ownership under Article 8 (2) of this Act, may continue to own the stocks or equity shares to the extent of the stocks or equity shares the said person owns. |
Article 10 (Collection of Fund from Satellite Broadcasting Business Entity)
The time for a collection of the Fund from a satellite broadcasting business entity under Article 37 (3) of this Act shall be prescribed by the Presidential Decree in consideration of the operational status of the satellite broadcasting business entity. Article 11 (Transitional Measures concerning Application of Penal Provisions)
Article 12 Omitted.
Article 13 (Relation to Other Acts)
ADDENDUM <Act No. 6690, Apr. 20, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6803, Dec. 18, 2002>
This Act shall enter into force on January 1, 2003.
ADDENDUM <Act No. 6869, May 10, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6905, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7188, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the day the Presidential Decree prescribes within the scope not exceeding three months from the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 7190, Mar. 12, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 7213, Mar. 22, 2004>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7370, Jan. 27, 2005>
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. 7498, May 18, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Collection of Regional Business Privilege Fees)
| (1) | The CATV broadcasting business entities shall pay regional business privilege fees that are collected by the Korean Broadcasting Commission pursuant to the previous provisions of Article 12 (3) after calculating the number of days by the date preceding the date on which this Act enters into force. |
| (2) | The Korean Broadcasting Commission shall contribute the regional business privilege fees that are collected pursuant to paragraph (1) to the Broadcast Development Fund provided for in the provisions of Article 36. |
ADDENDA <Act No. 7655, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 7815, Dec. 30, 2005>
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. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8060, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Limitation on Ownership by Broadcasting Business Entities)
Any person that fails to meet the requirements of the amended provisions of Article 8 (2) 2 at the time of enforcement of this Act shall meet the requirements of the same provisions within one year after the enforcement of this Act. Article 3 (Transitional Measures concerning Valid Term of Approval for Re-transmission of Terrestrial Broadcasting by CATV Broadcasting Business Entities, etc.)
Any person that has obtained approval for re-transmission with respect to the broadcasting respectively performed by terrestrial broadcasting business entities and foreign broadcasting business entities under Article 78 (4) and (5) at the time of enforcement of this Act shall be deemed to have obtained approval for re-transmission respectively again at the time of enforcement of the Presidential Decree under the amended provisions of Article 78 (6).
ADDENDA <Act No. 8101, Dec. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8301, Jan. 26, 2007>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Valid Period) The amended provisions of Article 70 (6) shall have their validity on or before June 30, 2010. |
ADDENDA <Act No. 8568, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Restrictions on Ownership between Terrestrial Broadcasting Business Entities)
| (1) | At the time this Act enters into force, any person who does not meet the requirements referred to in the amended provisions of Article 8 (7) shall meet such requirements within one year after the date on which this Act enters into force. |
| (2) | The application of Article 8 (11) and (12) shall be suspended during the period referred to in paragraph (1). |
Article 3 (Transitional Measures concerning Re-transmission of Broadcasting Services Provided by Foreign Broadcasting Business Entities)
At the time this Act enters into force, approval for re-transmission of broadcasting services of a foreign broadcasting business entity obtained by a CATV broadcasting business entity or satellite broadcasting business entity under the former provisions shall, only for one year after the date on which this Act enters into force, be deemed to have been obtained by the said foreign broadcasting business entity under the amended provisions of Article 78-2: Provided, That this shall not apply when such approval is revoked under the amended provisions of Article 78-2 (5).
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 7 Omitted.
ADDENDA <Act No. 9280, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9785, Jul. 31, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 9786, Jul. 31, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the revised provisions of Article 69-2 shall enter into force one year after the date of its promulgation, notwithstanding the revised provisions of Article 35-4 (4). Article 2 (Transitional Measures concerning Valid Terms of License and Approval)
The valid terms for license and approval for a person who has obtained license or approval for broadcasting business under the previous provisions at the time this Act enters into force shall comply with the previous provisions, notwithstanding the amended provisions of Article 16. Article 3 (Transitional Measures concerning Application of Restrictions on Ownership of Broadcasting Business Entities)
| (1) | Notwithstanding amended provisions of Article 8 (2) and (3), any conglomerates and its affiliated companies (including related parties) or corporations operating daily newspapers or news correspondence (including related parties) shall not become the largest investor of terrestrial broadcasting business entity (excluding regional broadcasting) or substantially control right of management. In cases of violation thereof, corrective measures under amended provisions of Article 8 (13) may be ordered. |
Article 4 (Applicability concerning Administrative Orders)
The amended provisions of Article 18 (1) shall apply beginning with cases which fall under any of the subparagraph in the same paragraph which is generated for the first time after this Act enters into force. Article 5 (Applicability concerning Disposition of Imposing Penalty Surcharge)
The amended provisions of Article 100 (1) and (4) shall apply beginning with offenses subject to penalties which occur for the first time after this Act enters into force. Article 6 Omitted.
ADDENDA <Act No. 10165, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That …<Omitted.>… Article 6 (1) of the Addenda, paragraph (2) (limited to the amended provisions of Articles 36 through 40, 69 (8) and 89 (3)) through (5), (7), (8) and (10) of the same Article shall enter into force on January 1, 2011. Articles 2 through 7 Omitted.
ADDENDA <Act No. 10166, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 10363, Jun. 8, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10856, Jul. 14, 2011>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 7 of Article 2, Articles 35, 35-3 (1), and 70 (7) shall enter into force on the date of its promulgation, and the amended provisions of Articles 35-5, 85-2, and 108 (1) 3-2 and 19-2 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11199, 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. 11710, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
| (1) | Among notification, administrative dispositions, and other activities by the Korea Communications Commission, and application, report, and other activities to the Korea Communications Commission before this Act enters into force, the activities concerning the matters of which the control is transferred from the Korea Communications Commission to the Minister of Science, ICT and Future Planning shall be considered the activities by or toward the Minister of Science, ICT and Future Planning. |
| (2) | The Korea Communications Commission's regulations concerning the matters of which the control is transferred from the Korea Communications Commission to the Minister of Science, ICT and Future Planning at the time this Act enters into force shall be considered Ordinance of the Ministry of Science, ICT and Future Planning until Ordinance of the Ministry of Science, ICT and Future Planning substituting them is instituted and implemented. |
ADDENDA <Act No. 12033, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Submission, etc. of Statement of Accounts)
The amended provision of Article 59 shall begin applying to the settlement of accounts of the 2013 fiscal year.
ADDENDA <Act No. 12093, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12677, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 2 of the Addenda shall enter into force on the date of its promulgation, the amended provisions of Articles 18, 70-2 (1), 77, 90-2, 108 (1) 12-2 shall enter into force six months after the date of its promulgation and the amended provisions of Articles 70-2 (2) and 108 (1) 7-2 shall enter into force two years after the date of its promulgation. Article 2 (Preparation for Establishment of Viewers’ Media Center)
| (1) | The Chairman of the Korea Communications Commission shall establish a committee for incorporating the viewers’ media center (hereinafter referred to as “incorporation committee”) to conduct affairs necessary for establishing the viewers’ media center under the amended provision of Article 90-2. |
| (2) | The incorporation committee shall be comprised of not less than 5 members commissioned by the chairman of the Korea Communications Commission and the head of the incorporation committee shall be nominated by the Chairman of the Korea Communications Commission from among the members of the incorporation committee. The incorporation committee shall have personnel necessary to assist its business affairs. |
| (3) | The incorporation committee shall prepare the articles of incorporation of the viewers’ media center, obtain authorization from the Chairman of Korea Communications Commission and, without delay, file for registration for incorporation of the viewers’ media center. |
| (4) | The State shall bear the expenses incurred in establishing the incorporation committee. |
| (5) | The incorporation committee shall without delay transfer its business affairs to the head of the viewers’ media center after filing for registration for incorporation of the viewers’ media center, and the incorporation committee shall be deemed dissolved and the members of the incorporation committee shall be deemed deposed upon the completion of such transfer. |
| (6) | Where the registration for incorporation under paragraph (3) is completed, the former entrustment agreement between the Korea Communications Commission and the Korea Communications Agency, concerning viewer supporting projects, including the operation of the viewers’ media center, shall be deemed canceled. In such cases, the balance of projects funds under the agreement and the rights and obligations relating to assets and human resources formed under such agreement shall be succeeded to by the viewers’ media center. |
Article 3 (Transitional Measures concerning Grounds for Disqualification of Directors and Executives of System)
Notwithstanding the amended provision of Article 48 (1) or provisions applicable mutatis mutandis under Article 50 (6), the former provisions shall apply to a director or an executive of the System as at the time this Act enters into force where he/she falls under the amended provision of Article 48 (1) or provision applicable mutatis mutandis under Article 50 (6) on any ground arising before this Act enters into force. Article 4 (Applicability to Personnel Hearings of President by National Assembly)
The amended provision of Article 50 (2) shall begin applying to the first president appointed after this Act enters into force. Article 5 Omitted.
ADDENDA <Act No. 12743, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13220, Mar. 13, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended Article 14 (3) shall enter into force on March 15, 2015; the amended subparagraph 4 of Article 2, Article 70 (6), and Article 108 (1) 6 shall enter into force six months after the date of its promulgation; and the amended subparagraphs 7-2 and 7-3 of Article 108 (1) of the partially amended Broadcasting Act (No. 12677) shall enter into force on May 29, 2016, respectively.
ADDENDA <Act No. 13341, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended Article 72 and Article 108 (1) 9 shall enter into force nine months after the date of its promulgation. Article 2 (Effective Period)
Subparagraphs 2 and 3 of Article 8 (16), and paragraph (17) of the same Article shall remain effective until June 27, 2018.
ADDENDA <Act No. 13519, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13580, 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 Articles 98 and 98-2 shall enter into force on January 1, 2016, and the amended Articles 35 (1) and (3), 85-2 (1) 8, 90-2, 100 (1), and 108 (3) through (5) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures)
The corporation established pursuant to the former Article 90-2 as at the time this Act enters into force shall be deemed the Community Media Foundation established pursuant to the amended Article 90-2. Article 3 Omitted.
ADDENDA <Act No. 13821, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended Articles 8 (3) and (5), 13 (3) 6, 18 (1) 8, 81, and 104 (1) shall enter into force on the date of its promulgation. Article 2 (Applicability to Sanctions, etc.)
The amended Article 100 (1) shall apply, beginning with the violation committed after this Act enters into force. Article 3 (Transitional Measures Concerning Grounds for Disqualification)
Where the representative of a corporation or a person in charge of broadcast programming licensed to engage in a community radio broadcasting business pursuant to Article 9 (11) as at the time this Act enters into force becomes disqualified as provided in the amended Article 13 (3) due to the grounds occurred before this Act enters into force, the former provision shall apply to such persons for six months from the enforcement date of this Act. Article 4 Omitted.
ADDENDA <Act No. 13978, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14598, Mar. 14, 2017>
This Act shall enter into force six 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 in accordance with Article 5 of these Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the dates the respective Acts enter into force. Articles 2 through 6 Omitted.
ADDENDA <Act No. 15468, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 100 (5) and 108 (1) 28 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Submission of Statement of Accounts)
The amended provisions of Article 59 shall begin to apply to the settlement of accounts for fiscal year 2017. Article 3 (Applicability to Posting on Website)
The amended provisions of Article 100 (5) shall begin to apply to the first case where a program provider that engages in specialized programing of the introduction and sale of products is subject to penalty surcharges or sanctions as it violates the matters prescribed by the Review Regulations referred to in Article 3 by broadcasting content misleading viewers such as falsity and exaggeration.
ADDENDA <Act No. 16014, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Matters to Be Evaluated to Grant Renewed Licenses or Renewed Approval)
The amended provisions of Article 17 (3) shall begin to apply to the first case where a renewed license or renewed approval is granted to a broadcasting business entity, CATV relay broadcasting business entity, or program provider after this Act enters into force.
ADDENDA <Act No. 16750, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 33 (2) 14 shall enter into force three months after the date of its promulgation, and the amended provisions of Article 18 (3) and (4) shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Revocation of Registration)
The amended provisions of Article 18 (3) shall begin to apply to the first case in which broadcasting has not been conducted for at least five consecutive years from the date the same amended provisions enter into force, or a business is closed without a report thereon filed under Article 84 (1) after the same amended provisions enter into force. Article 3 (Special Cases concerning Restriction on Ownership of Broadcasting Business Entity)
A broadcasting business entity that concurrently operates another broadcasting business or owns its stocks or equity shares under the previous provisions as at the time the amended provisions of Article 18 (3) enter into force may continue to own such stocks or equity shares within the scope of stocks or equity shares he/she owns as at the time the same amended provisions enter into force, notwithstanding Article 8 (7). Article 4 (Transitional Measures concerning Application of Administrative Fines)
The previous provisions shall govern, in applying administrative fines to any violation committed before this Act enters into force.
ADDENDUM <Act No. 17347, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.