ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON BROADCASTING COMMUNICATIONS DEVELOPMENT
Presidential Decree No. 22550, Dec. 27, 2010
Amended by Presidential Decree No. 22626, Jan. 17, 2011
Presidential Decree No. 22770, Mar. 29, 2011
Presidential Decree No. 23082, Aug. 19, 2011
Presidential Decree No. 24012, Jul. 31, 2012
Presidential Decree No. 24445, Mar. 23, 2013
Presidential Decree No. 24809, Oct. 30, 2013
Presidential Decree No. 25393, jun. 25, 2014
Presidential Decree No. 26337, jun. 22, 2015
Presidential Decree No. 26768, Dec. 30, 2015
Presidential Decree No. 27202, May 31, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 29391, Dec. 18, 2018
Presidential Decree No. 29886, jun. 25, 2019
Presidential Decree No. 29935, Jul. 2, 2019
Presidential Decree No. 30890, Aug. 4, 2020
CHAPTER I GENERAL PROVISIONS
CHAPTER II DEVELOPMENT OF BROADCASTING COMMUNICATIONS AND ENHANCEMENT OF PUBLIC WELFARE
| Article 2 (Coordination Commission for Broadcasting Communications Content) |
| (1) | The Minister of Science and ICT, the Minister of Culture, Sports and Tourism, and the Korea Communications Commission shall organize and operate the Coordination Commission for Broadcasting Communications Content (hereafter referred to as the "Coordination Commission" in this Article) to discuss and coordinate the following in respect of content for broadcasting communications and advertisements through broadcasting communications under Article 8 (3) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Matters concerning assistance in producing, distributing, exporting, etc. content for broadcasting communications and the plan for promoting content for broadcasting communications under Article 12 of the Act; |
| 2. | Matters concerning international cooperation in terms of content for broadcasting communications under Article 23 (2) of the Act; |
| 3. | Matters concerning promoting policies on content for broadcasting communications using the Broadcasting Communications Development Fund (hereinafter referred to as the "Fund") under Article 24 of the Act; |
| 4. | Matters concerning the policies on, and assistance for, advertisements through broadcasting communications; |
| 5. | Other matters for which consultation and coordination are deemed by the Minister of Science and ICT, the Minister of Culture, Sports and Tourism, and the Korea Communications Commission to be necessary for efficiency. |
| (2) | The Coordination Commission shall be co-chaired by the vice minister appointed by the Minister of Science and ICT, the vice minister appointed by the Minister of Culture, Sports and Tourism, and the member of the Korea Communications Commission appointed by the chairperson of the Korea Communications Commission. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Matters necessary for the organizational structure and operation of the Coordination Commission and other matters shall be determined jointly by the chairpersons. |
| Article 3 (Designating Dedicated Institutions) |
| (1) | An institution dedicated to business affairs related to the master plan for broadcasting communications (hereinafter referred to as "dedicated institution") shall be designated for the following fields under Article 9 (1) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Facilitating and laying the foundation for broadcasting communications services; |
| 2. | Research and development of broadcasting communications for promoting broadcasting communications technologies; |
| 3. | Assistance for transition to digital broadcasting; |
| 4. | Evaluating the current status of competition in the broadcasting communications market; |
| 5. | Creating a sound usage culture of broadcasting communications; |
| 6. | Preventing distribution of illegal information by means of broadcasting communications networks; |
| 7. | Fostering human resources for broadcasting communications; |
| 8. | Standardizing broadcasting communications; |
| 9. | Other fields related to the basic matters concerning broadcasting communications as publicly notified by the Minister of Science and ICT, or the Korea Communications Commission. |
| (2) | Institutions that may be designated as a dedicated institution under Article 9 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Jun. 25, 2014; Jul. 26, 2017> |
| 2. | Government-funded research institutes under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| 3. | Government-funded science and technology research institutes as defined in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 4. | Other institutions or organizations related to broadcasting communications announced by the Minister of Science and ICT or the Korea Communications Commission. |
| (3) | In designating a dedicated institution under Article 9 (2) of the Act, the Minister of Science and ICT or the Korea Communications Commission shall consider the following: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Work relevance to the designated field; |
| 2. | Work performance in the designated field; |
| 3. | Financial, technical, and human capacity to conduct work in the designated field; |
| 4. | Other matters deemed necessary for efficient performance of work in the designated field by the Minister of Science and ICT or the Korea Communications Commission. |
| (4) | The head of a dedicated institution shall submit a detailed business plan and a financial plan for each designated field to the Minister of Science and ICT or the Korea Communications Commission. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | Other matters necessary for the operation, management, work, etc. of dedicated institutions shall be determined and publicly announced by the Minister of Science and ICT or the Korea Communications Commission. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 4 (Evaluating Current Status of Competition) |
| (1) | The Minister of Science and ICT or the Korea Communications Commission shall define unit markets before evaluating the current status of competition (hereinafter referred to as "evaluation of current status of competition") in the broadcasting communications market under Article 11 (2) of the Act, in consideration of the following: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Substitutability in terms of demand and supply in broadcasting communications services; |
| 2. | Geographical scope for providing broadcasting communications services; |
| 3. | Special transactional features related to the sale of broadcasting communications services; |
| 4. | Characteristics of users of broadcasting communications services. |
| (2) | The Minister of Science and ICT or the Korea Communications Commission shall evaluate the current status of competition in the unit markets defined under paragraph (1) in consideration of the following: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Market structure: Number of broadcasting communications business entities, entry barriers, market shares, etc.; |
| 2. | Response ability of users: Easiness of access to the information on broadcasting communications services, easiness of substituting broadcasting communications services or broadcasting communications business entities, etc.; |
| 3. | Market performance: Prices and quality levels of broadcasting communications services, amount of excess profits of broadcasting communications business entities, etc.; |
| 4. | Behaviors of broadcasting communications business entities: Degree of competition in price and quality of broadcasting communications services, level of technical innovation, etc. |
| (3) | Except as provided in paragraphs (1) and (2), further details regarding the procedures and methods for such evaluation shall be determined by the Minister of Science and ICT and the Korea Communications Commission after consultation. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 5 (Establishing and Operating Korea Association for Information and Communications Technology Promotion) |
| (1) | When authorizing the establishment of the Korea Association for Information and Communications Technology Promotion (hereinafter referred to as the "Promotion Association") under Article 15 (1) of the Act, the Minister of Science and ICT shall publish an announcement of such fact in the Official Gazette and the website. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The business scope of the Promotion Association shall be as follows: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Human resources development and public relations activities, including education and training related to information and communications; |
| 2. | Surveys of technical trends in information and communications and activities to disseminate new technologies; |
| 3. | Preparing and managing statistics related to information and communications; |
| 4. | Exchanges with domestic and foreign institutions related to information and communications; |
| 5. | Activities to protect users and improve their convenience in using information and communications services, etc.; |
| 6. | Projects entrusted by the Minister of Science and ICT; |
| 7. | Other projects prescribed by its articles of incorporation. |
| (3) | The Minister of Science and ICT may request the following data where deemed necessary for the supervision over the Promotion Association under Article 15 (5) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | A business plan or business performance report for the relevant year; |
| 2. | A budget plan or balance sheet for the relevant year; |
| 3. | Other documents deemed necessary for the efficient supervision over the Promotion Association by the Minister of Science and ICT. |
CHAPTER III PROMOTION OF BROADCASTING COMMUNICATIONS
| Article 6 (Support to Research Institutes) |
| (1) | The following research institutes and organizations (hereafter referred to as "research institute" in this Article) may be supported by the Minister of Science and ICT or the Korea Communications Commission under Article 18 (2) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Research institutes which conduct research and development of broadcasting communications; |
| 2. | Research institutes which provide education and develop human resources for broadcasting communications; |
| 3. | Research institutes which perform affairs related to the distribution of broadcasting communications technologies and standardization thereof; |
| 4. | Dedicated institutions. |
| (2) | The Minister of Science and ICT or the Korea Communications Commission may provide the following support to research institutes under paragraph (1): <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | To provide subsidies to cover expenses incurred for policy research and survey activities related to broadcasting communications; |
| 2. | To provide subsidies to cover expenses incurred for education and training related to broadcasting communications; |
| 3. | To provide technical information related to broadcasting communications; |
| 4. | To provide support for exchanges and cooperation with domestic and foreign research institutes related to broadcasting communications. |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the procedures and methods for providing support to research institutes shall be determined and publicly notified by the Minister of Science and ICT or the Korea Communications Commission. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 7 (Assistance in Research Activities) |
| (1) | The scope of research activities related to broadcasting communications technology in which the Minister of Science and ICT or the Korea Communications Commission provides assistance under Article 19 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Research on policies on broadcasting communications technology; |
| 2. | Publication of books on broadcasting communications technology; |
| 3. | Holding academic conferences on broadcasting communications technology; |
| 4. | Other matters deemed necessary for the research and development of broadcasting communications technology by the Minister of Science and ICT or the Korea Communications Commission. |
| (2) | When intending to provide assistance in research activities under paragraph (1), the Minister of Science and ICT or the Korea Communications Commission shall comprehensively consider the following standards: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Necessity of research activities; |
| 2. | Appropriateness and cost-effectiveness of research activities; |
| 3. | Potential for making full use of research findings; |
| 4. | Whether they overlap with other research activities. |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the procedures and methods for providing assistance in research activities shall be determined and publicly notified by the Minister of Science and ICT or the Korea Communications Commission. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 8 (Details and Methods of Technical Guidance) |
| 1. | Applying technical standards to instruments and materials for broadcasting communications; |
| 2. | Improving production technologies for instruments and materials for broadcasting communications; |
| 3. | Improving functions and special features of instruments and materials for broadcasting communications; |
| 4. | Standard methods applicable to the installation and operation of instruments and materials for broadcasting communications; |
| 5. | Quality assurance for instruments and materials for broadcasting communications; |
| 6. | Adopting, applying, and developing new broadcasting communications technologies. |
| (2) | The Minister of Science and ICT may provide technical guidance by any of the following methods: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Providing technical information; |
| 2. | Providing technical training and transfer of technologies; |
| 3. | Support for technical cooperation at home and abroad. |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the procedures, methods and management of technical guidance and other matters shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 8-2 (Inter-Korean Exchanges and Cooperation in Broadcasting Communications) |
| (1) | The Minister of Science and ICT or the Korea Communications Commission may request cooperation from and subsidize broadcasting communications business entities, relevant organizations, etc. with regard to the following: |
| 1. | Inter-Korean cooperation in broadcasting communications technology, or exchanges and cooperation projects regarding provision of telecommunications service; |
| 2. | Training and exchange of professionals related to broadcasting communications between South and North Korea; |
| 3. | Surveys and research regarding the current status of and comparison with technologies, industries, policies, institutions, etc. of South and North Korea; |
| 4. | Other mutual exchanges, cooperation projects, and surveys and research between South and North Korea, which are deemed necessary by the Minister of Science and ICT or the Korea Communications Commission. |
| (2) | The Minister of Science and ICT or the Korea Communications Commission which requests broadcasting communications business entities, relevant organizations, etc. to provide cooperation under Article 22 (3) of the Act shall clarify the details of cooperation, the deadline for submission of relevant data, etc. |
[This Article Newly Inserted on Aug. 4, 2020]
| Article 9 (Deliberation by Committee for Promotion of Inter-Korean Exchanges) |
The committee for promotion of inter-Korean exchanges (hereinafter referred to as the "Exchanges Promotion Committee") under Article 22 (4) of the Act shall deliberate on the following: <Amended on Aug. 4, 2020> | 1. | Matters regarding basic direction-setting for exchanges and cooperation between South and North Korea and promotion of major policies; |
| 2. | Matters regarding support for inter-Korean exchanges and cooperation; |
| 3. | Matters regarding joint production of broadcasting programs by South and North Korea; |
| 4. | Matters regarding support for relay broadcasting of major international sports games; |
| 5. | Other matters deemed necessary for inter-Korean exchanges and cooperation by the chairperson of the Exchanges Promotion Committee. |
| Article 10 (Organizational Structure and Operation of Exchanges Promotion Committee) |
| (1) | The Exchanges Promotion Committee shall be comprised of up to 20 members, including one chairperson. |
| (2) | The chairperson shall be appointed from among the members of the Korea Communications Commission by the chairperson of the Korea Communications Commission, and the members of the Exchanges Promotion Committee shall be appointed or commissioned from among the following persons by the chairperson of the Korea Communications Commission: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Public officials in general service belonging to the Senior Executive Service of the Korea Communications Commission; |
| 1-2. | Public officials in general service belonging to the Senior Executive Service of the Ministry of Science and ICT; |
| 2. | Public officials in general service belonging to the Senior Executive Service of the Ministry of Unification, as recommended by the Minister of Unification; |
| 3. | Other persons deemed to have extensive academic knowledge of and experience in the field of inter-Korean relations and broadcasting communications. |
| (3) | The term of office for the members commissioned under paragraph (2) 3 shall be two years. |
| (4) | The chairperson shall represent the Exchanges Promotion Committee and oversee its activities: Provided, That where the chairperson is unable to perform his/her duties due to inevitable circumstances, a member of the committee who is designated by the chairperson of the Korea Communications Commission shall perform the duties on his/her behalf. |
| (5) | The chairperson shall convene and preside over meetings of the Exchanges Promotion Committee, and the meetings shall commence with the attendance of a majority of all incumbent members and shall pass resolutions with the affirmative vote of a majority of those present. |
| (6) | The Exchanges Promotion Committee may establish subcommittees where necessary to conduct its activities efficiently. |
| (7) | Except as otherwise provided for in paragraphs (1) through (6), matters necessary for the composition and operation of the Exchanges Promotion Committee and other matters shall be determined by the chairperson upon approval of the Exchange Promotion Committee. |
CHAPTER IV BROADCASTING COMMUNICATIONS DEVELOPMENT FUND
"Revenues specified by Presidential Decree" in Article 25 (1) 6 of the Act means any of the following: <Amended on Mar. 23, 2013; Jul. 26, 2017; Aug. 4, 2020> | 1. | Proceeds from the operation of State property, being a part of the assets of the Fund; |
| 4. | Other revenues acknowledged by the Minister of Science and ICT and the Korea Communications Commission. |
| Article 12 (Collecting Charges) |
| (1) | In determining the collection rates for charges under Article 25 (2) through (5) of the Act, comprehensive consideration shall be given to the public nature of broadcasting operation, the status of competition in the broadcasting market, the scale of profit and financial condition of the relevant business entity, etc. <Amended on Jun. 22, 2015> |
| (2) | Terrestrial broadcasting business entities, business entities using a broadcasting channel, general cable broadcasting business entities, satellite broadcasting business entities and Internet multimedia broadcasting business entities under Article 25 (2) through (4) of the Act shall submit the following data to the Minister of Science and ICT and the Korea Communications Commission by March 31 of each year: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The statement of financial position, income statement, and supplementary schedules for the previous year; |
| 2. | Other data deemed necessary for calculating charges by the Minister of Science and ICT and the Korea Communications Commission. |
| (3) | The Minister of Science and ICT and the Korea Communications Commission shall send a notice of payment stating the amount, deadline, and receiving agencies of charges to the relevant business entities by August 31 of each year, to collect charges calculated under paragraph (1). <Amended on Mar. 23, 2013; Jun. 22, 2015; Jul. 26, 2017> |
| (4) | Deleted. <Aug. 4, 2020> |
| (5) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for calculating and collecting charges and other matters shall be determined and publicly notified by the Minister of Science and ICT and the Korea Communications Commission. <Amended on Mar. 23, 2013; Oct. 30, 2013; Jul. 26, 2017; Aug. 4, 2020> |
| Article 13 (Exemption from or Reduction of Charges, Installment Payment, and Surcharges) |
| (1) | Exemption from or reduction of charges under Article 25 (5) of the Act shall be based on the following standards: <Amended on Oct. 30, 2013; Jun. 22, 2015> |
| 1. | A business entity whose sales revenue from broadcasting advertisement for the previous year is five billion won or less and who recorded a net loss for the term under the income statement for the previous year, among the following business entities: Exemption of the charge for the relevant year: |
| (b) | Program-providing business entities engaged in general programming or specialized news programming, among program-providing business entities defined in subparagraph 3 (d) of Article 2 of the Broadcasting Act; |
| 2. | A business entity whose deficit under the statement of financial position for the previous year amounts to at least the total amount of capital (including capital surplus; the same shall apply hereafter in subparagraph 3) under the statement of financial position: Exemption of the charge for the relevant year; |
| 3. | A business entity whose deficit under the statement of financial position for the previous year is less than the total amount of capital under the statement of financial position: Reduction of the charge for the relevant year by the ratio of the deficit to the total amount of capital. |
| (2) | "Criteria prescribed by Presidential Decree" in Article 25 (6) of the Act means one hundred million won. <Newly Inserted on Aug. 4, 2020> |
| (3) | The Minister of Science and ICT and the Korea Communications Commission may allow the payment of charges under Article 25 (6) and (1) 3 of the Act to be made in two equal installments. In such cases, the first installment payment shall be made by September 30 and the second installment payment by November 30. <Newly Inserted on Aug. 4, 2020> |
| (4) | A surcharge imposed under Article 25 (7) of the Act shall be the amount corresponding to 3/100 of the charge in arrears: Provided, That where payment is made within one week after the deadline, the amount of the surcharge shall be 1/100 of the charge in arrears. <Amended on Mar. 29, 2011; Aug. 4, 2020> |
[Title Amended on Aug. 4, 2020]
| Article 13-2 Deleted. <May 31, 2016> |
| Article 14 (Functions of Council for Operation of Broadcasting Communications Development Fund) |
| (1) | The Council for the Operation of the Broadcasting Communications Development Fund established under Article 27 (2) of the Act (hereinafter referred to as the "Council for the Fund") shall deliberate on the following: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 5. | Other matters deemed important for operating the Fund by the Minister of Science and ICT and the Korea Communications Commission. |
| (2) | In formulating a draft of an operation plan for the Fund under paragraph (1) 1 through consultation with the Korea Communications Commission, the Minister of Science and ICT shall endeavor to ensure that the financial resources of the Fund under Article 25 (1) 2 and 3 of the Act are appropriately allocated to the projects in the broadcasting and communications sectors. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 15 (Organizational Structure and Operation of Council for Fund) |
| (1) | Each of the following persons shall be the members of the Council for the Fund, and the chairperson of the Council for the Fund (hereinafter referred to as the "chairperson of the Council") shall be appointed from among persons referred to in subparagraphs 1 and 2 by the Minister of Science and ICT through consultation with the Korea Communications Commission: <Amended on Oct. 30, 2013; Jul. 26, 2017> |
| 1. | Vice Minister II of Science and ICT; |
| 2. | Members of the Korea Communications Commission; |
| 4. | Two persons recommended by the Minister of Culture, Sports and Tourism from among those other than public officials; |
| 5. | Persons commissioned by the Minister of Science and ICT through consultation with the Korea Communications Commission from among those deemed to have extensive expert or academic knowledge of, and experience in, managing and operating the Fund and broadcasting communications. |
| (2) | The chairperson of the Council shall represent the Council for the Fund and oversee its activities; Provided, That when the chairperson of the Council is unable to perform his/her duties due to inevitable circumstances, the person appointed by the Minister of Science and ICT through consultation with the Korea Communications Commission shall perform the duties on his/her behalf. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The term of office for the members commissioned under paragraph (1) 2 through 4 shall be two years and may be renewed only once. <Amended on Oct. 30, 2013> |
| (4) | Meetings of the Council for the Fund shall commence with the attendance of a majority of all incumbent members, and shall pass resolutions with the affirmative vote of a majority of those present. |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the organizational structure and operation of the Council for the Fund and other matters shall be determined by the Minister of Science and ICT through consultation with the Korea Communications Commission. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 16 (Entrusting Administrative Affairs Related to Fund) |
| (1) | The Minister of Science and ICT and the Korea Communications Commission shall entrust the following for collecting, operating, and managing the Fund under Article 27 (5) of the Act to the Korea Communications Agency (hereinafter referred to as the "Agency") under Article 66 (1) of the Radio Waves Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Matters regarding income and expenditure of the Fund; |
| 2. | Accounting for the operation and management of the Fund; |
| 3. | Operating surplus fund of the Fund; |
| 4. | Conducting the loan business of the Fund; |
| 5. | Other affairs deemed necessary for collecting, operating, and managing the Fund and entrusted by the Minister of Science and ICT and the chairperson of the Korea Communications Commission. |
| (2) | To clarify the management and operation of the Fund, the Agency shall separate the accounting of the Fund from that of other businesses. |
| (3) | Any costs incurred to the Agency in the course of conducting the affairs entrusted under paragraph (1) shall be borne by the Fund. |
| Article 17 (Establishing Account for Fund and Accounting Agency) |
| (1) | The Minister of Science and ICT and the Korea Communications Commission shall establish an account for the Fund with the Bank of Korea under the Bank of Korea Act to clarify the income and expenditure of the Fund. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT and the chairperson of the Korea Communications Commission shall appoint an income collector for the Fund, financial commissioner for the Fund, expenditure officer for the Fund, and public official in charge of the accounts of the Fund from among subordinate public officials to have them perform duties related to the income and expenditure of the Fund. <Amended on Mar. 23, 2013; Oct. 30, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall, through consultation with the chairperson of the Korea Communications Commission, appoint an executive officer in charge of income of the Fund and an executive officer in charge of encumbrances from among the officers of the Agency; and appoint an employee in charge of expenditures of the Fund and an employee in charge of the accounts of the Fund from among the employees of the Agency. In such cases, the executive officer in charge of income shall perform duties of an income collector; the executive officer in charge of encumbrances shall perform duties of a financial commissioner; the employee in charge of expenditures of the Fund shall perform duties of an expenditure officer; and the employee in charge of the accounts of the Fund shall perform duties of a public official in charge of the accounts of the Fund. <Amended on Mar. 23, 2013; Oct. 30, 2013; Jul. 26, 2017> |
| Article 18 (Details of Operation and Management of Fund) |
| (1) | The Minister of Science and ICT and the Korea Communications Commission may determine and publicly notify details regarding operating, managing, etc. the Fund. The same shall apply to any revision thereto. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT and the chairperson of the Korea Communications Commission may determine matters necessary for selection, evaluation, etc. of a project to which the Fund makes contributions. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
CHAPTER V TECHNICAL STANDARDS FOR BROADCASTING COMMUNICATIONS
| Article 19 (Exemption from Test of Broadcasting Communications Facilities) |
"Broadcasting communications business entities specified by Presidential Decree" in the proviso to Article 28 (2) of the Act means any of the following broadcasting communications business entities: | 2. | Business entities using a broadcasting channel under subparagraph 3 (d) of Article 2 of the Broadcasting Act and electric sign board broadcasting business entities under subparagraph 12 of the same Article; |
| Article 20 (Preparing Drawing Documents) |
| (1) | Drawing documents in Article 28 (3) of the Act shall be prepared by any of the following persons: <Amended on Jan. 17, 2011> |
| 2. | Professional engineers who have registered the opening of an office of professional engineers under the Article 6 (1) of the Professional Engineers Act and who are professional engineers in the field of communications and information processing listed in attached Table 1 of the Enforcement Decree of the same Act; |
| (2) | Where deemed necessary, the Minister of Science and ICT may determine and publicly notify the scope of installation work for broadcasting communications facilities which may be designed only by a person falling under paragraph (1) 1. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 21 (Management Regulations) |
| (1) | Broadcasting communications business entities required to formulate regulations on the management of the broadcasting communications facilities (hereinafter referred to as the "Management Regulations") under Article 30 of the Act are as follows: <Amended on Jun. 25, 2019> |
| 2. | Terrestrial broadcasting business entities, general cable broadcasting business entities, and satellite broadcasting business entities under subparagraph 3 (a) through (c) of Article 2 of the Broadcasting Act; |
| (2) | The Management Regulations shall include the following: |
| 1. | Matters concerning the organizational structure, job descriptions, and duties of the management organization of broadcasting communications facilities; |
| 2. | Matters concerning installing, examining, operating, inspecting, repairing, and maintaining broadcasting communications facilities; |
| 3. | Matters concerning actions and countermeasures against failures of broadcasting communications facilities; |
| 4. | Matters concerning the measures to protect communications secrets of broadcasting communications services users. |
| Article 22 (Subject Matter and Procedures of Standardization) |
| (1) | The following shall be subject to the standardization of broadcasting communications under the main sentence of Article 33 (1) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Matters concerning technologies for broadcasting communications; |
| 2. | Matters concerning broadcasting communications facilities and instruments or materials for broadcasting communications; |
| 3. | Matters concerning broadcasting communications networks; |
| 4. | Matters concerning broadcasting communications services; |
| 5. | Other matters deemed necessary for standardizing broadcasting communications and publicly notified by the Minister of Science and ICT. |
| (2) | The Minister of Science and ICT shall consult with the Minister of Trade, Industry and Energy where deemed necessary to prevent any overlap between the matters concerning standardizing broadcasting communications under paragraph (1) and the Korean Industrial Standards under the Industrial Standardization Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | To deliberate on matters concerning adopting the standards for broadcasting communications under Article 33 (2) of the Act, a deliberation committee for broadcasting communications standards shall be established in the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Details regarding the organizational structure and operation of the deliberation committee for broadcasting communications standards under paragraph (3) and other matters shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
CHAPTER VI MANAGEMENT OF DISASTERS IN BROADCASTING COMMUNICATIONS
| Article 23 (Major Broadcasting Communications Business Entities) |
“Person who meets the requirements prescribed by Presidential Decree” in Article 35 (1) 1 of the Act means a business operator owning line equipment who falls under any of the following: <Amended on Jun. 25, 2019> | 1. | A person who has at least 100,000 subscribers; |
| 2. | A person who has at least 500,000 lines. |
[This Article Wholly Amended on May 31, 2016]
| Article 24 (Procedures for Formulating Master Plans for Management of Disasters in Broadcasting Communications) |
| (1) | The Minister of Science and ICT and the Korea Communications Commission shall formulate guidelines to establish a master plan for the management of disasters in broadcasting communications for the next year and shall notify broadcasting communications business entities falling under each subparagraph of Article 35 (1) of the Act (hereinafter referred to as “major broadcasting communications business entities”) thereof by May 31 of each year under Article 36 (1) of the Act. <Amended on Mar. 23, 2013; May 31, 2016; Jul. 26, 2017> |
| (2) | Major broadcasting communications business entities shall establish a plan for the management of disasters in broadcasting communications for the next year in accordance with the guidelines formulated under paragraph (1); and shall submit it to the Minister of Science and ICT or the Korea Communications Commission by July 31 of each year. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT or the Korea Communications Commission shall finalize the basic plan for the management of disasters in broadcasting communications for the next year by September 30 of each year under Article 36 (3) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 24-2 (Guidance and Inspection of Implementation of Master Plans for Management of Disasters in Broadcasting Communications) |
| (1) | The Minister of Science and ICT and the Korea Communications Commission shall provide guidance and conduct inspection as to whether the plan for the management of disasters in broadcasting communications has been implemented under Article 36-2 (2) of the Act (hereafter referred to as “guidance and inspection” in this Article) at least once every year. <Amended on Jul. 26, 2017> |
| (2) | When providing guidance and conducting inspection, the Minister of Science and ICT and the Korea Communications Commission shall inform major broadcasting communications business entities of the guidance and inspection plan including the date and contents, etc. thereof not later than seven days before the date of guidance and inspection: Provided, That where it is urgent or it is impracticable to achieve the purpose of the guidance and inspection if informed in advance, such notice may not be given. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT or the Korea Communications Commission may request major broadcasting communications business entities to submit data necessary to verify whether the plan for the management of disasters in broadcasting communications has been implemented within the scope necessary for implementing guidance and inspection. <Amended on Jul. 26, 2017> |
| (4) | If necessary for the guidance or inspection, the Minister of Science and ICT or the Korea Communications Commission may require that the affiliated public officials access the area, place of business, etc. where broadcasting communications facilities are established and provide guidance and inspection. <Amended on Jul. 26, 2017> |
| (5) | The public officials who provide the guidance and inspection under paragraph (4) shall carry a certificate that indicates his/her authority and present it to related parties. |
[This Article Newly Inserted on May 31, 2016]
| Article 25 (Integrated Operation of Broadcasting Communications Facilities) |
| (1) | The Minister of Science and ICT or the Korea Communications Commission may take the following measures for the integrated operation of broadcasting communications facilities under Article 37 (1) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Measures to require broadcasting communications business entities and owners of broadcasting communications facilities not used for broadcasting communications service (hereinafter referred to as "private broadcasting communications facilities") to exchange information on the facilities which they operate or own; |
| 2. | Measures to require a dedicated institution designated by the Minister of Science and ICT or the Korea Communications Commission to build database containing information on the facilities operated or owned by broadcasting communications business entities and owners of private broadcasting communications facilities; |
| 3. | Measures to require dedicated institutions designated by the Minister of Science and ICT or the Korea Communications Commission to share information contained in the database created under subparagraph 2. |
| (2) | Where integrated operation of broadcasting communications facilities under Article 37 (1) of the Act is necessary, broadcasting communications business entities may make a request to other broadcasting communications business entities or owners of private broadcasting communications facilities for integrated operation. In such cases, those who have received such request shall comply therewith except in extenuating circumstances. |
| (3) | Any broadcasting communications business entity may request mediation from the Minister of Science and ICT or the Korea Communications Commission where any other broadcasting communications business entity or owner of private broadcasting communications facilities fails to comply with a request for integrated operation of broadcasting communications facilities under paragraph (2). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The Minister of Science and ICT or the Korea Communications Commission may order a broadcasting communications business entity or owner of private broadcasting communications facilities to conduct integrated operation of broadcasting communications facilities ex officio or at the request for mediation under paragraph (3). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 26 (Organizational Structure and Operation of Headquarters for Countermeasures) |
| (1) | The headquarters for countermeasures against broadcasting communications disasters (hereinafter referred to as the "Headquarters for Countermeasures") under Article 39 of the Act shall be comprised of public officials of central administrative agencies directly related to the recovery of broadcasting communications disasters and employees of major broadcasting communications business entities. |
| (2) | The Minister of Science and ICT shall prescribe the method for organizing the Headquarters for Countermeasures to timely respond to any broadcasting communications disaster; and shall inform the same to the heads of central administrative agencies and major broadcasting communications business entities under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The head of the Headquarters for Countermeasures shall represent the Headquarters for Countermeasures; and shall oversee the following tasks: |
| 1. | Exercising control over the mobilization of materials for emergency recovery and restoration activities of major broadcasting communications business entities; |
| 2. | Establishing countermeasures for efficient emergency recovery activities including allocation of roles to major broadcasting communications business entities as well as establishment of an emergency recovery system; |
| 3. | Providing support to broadcasting communications in the region where a broadcasting communications disaster has occurred; |
| 4. | Other matters deemed necessary by the head of the Headquarters for Countermeasures. |
| (4) | The head of the Headquarters for Countermeasures may request major broadcasting communications business entities to dispatch their employees for efficient operation of the Headquarters for Countermeasures. In such cases, major broadcasting communications business entities shall comply therewith except in extenuating circumstances. |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the organizational structure and operation of the Headquarters for Countermeasures shall be determined by the head of the Headquarters for Countermeasures. |
| Article 27 (Reporting Major Broadcasting Communications Business Entities) |
From the start and until the end of a broadcasting communications disaster, each major broadcasting communications business entity shall report damages, recovery status, remedies, etc. to the Minister of Science and ICT (only when the Headquarters for Countermeasures has not been organized) or to the Headquarters for Countermeasures at any time when necessary under Article 39 (4) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017>
| Article 27-2 (Designating Managers of Disasters in Broadcasting Communications) |
| (1) | Each major broadcasting communications business entity shall designate the head of the department which oversees the tasks regarding disasters in broadcasting communications of the relevant broadcasting communications business entities as a manager of disasters in broadcasting communications pursuant to Article 39-2 (1) of the Act: Provided, That where there is no department which oversees the tasks regarding disasters in broadcasting communications, it shall designate a manager of disasters in broadcasting communications among the executive officers and employees of the relevant broadcasting communications business entities in consideration of the relevancy with tasks of disasters in broadcasting communications and competency, etc. |
| (2) | Where a major broadcasting communications business entity designates a manager of disasters in broadcasting communications under paragraph (1), it shall inform the fact thereof to the Minister of Science and ICT or the Korea Communications Commission within 30 days from the day of designation. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on May 31, 2016]
| Article 28 (Disaster Broadcasting) |
| (1) | When making a request to all or some of broadcasting service business entities falling under each subparagraph of Article 40 (1) of the Act for disaster broadcasting services or broadcasting services for civil defense warnings (hereinafter referred to as “disaster broadcasting services, etc.”) under the former part of Article 40 (2) of the Act, the Minister of Science and ICT and the Korea Communications Commission shall make it in a written form (including an electronic document): Provided, That where it is urgent to prevent a disaster or calamity, such request may be made by phone or fax. <Amended on Jul. 31, 2012; Mar. 23, 2013; May 31, 2016; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT and the Korea Communications Commission shall specify each of the following when requesting disaster broadcasting services, etc. under paragraph (1): <Amended on Jul. 31, 2012; Mar. 23, 2013; May 31, 2016; Jul. 26, 2017> |
| 1. | The status of a disaster, calamity, or civil defense crisis; |
| 2. | The weather conditions and details of special weather reports (only in cases of a disaster or calamity caused by a natural phenomenon); |
| 3. | The national action plan by type of disaster, calamity or civil defense crisis; |
| 4. | Other matters necessary to prevent or reduce damage from a disaster, calamity or civil defense crisis. |
| (3) | Where any broadcasting business entity under each subparagraph of Article 40 (1) of the Act provides disaster broadcasting services, etc., it shall reflect the reports of disaster situation, etc. by the head of the relevant central administrative agencies or the head of local governments in charge of the management of a disaster, calamity, or civil defense crisis. <Amended on May 31, 2016> |
| (4) | Details necessary for the matters to be observed by disaster broadcasting services, etc. under Article 40 (3) of the Act shall be determined and publicly notified by the Minister of Science and ICT and the Korea Communications Commission. <Amended on May 31, 2016; Jul. 26, 2017> |
| (5) | Where any broadcasting business entity falling under Article 40 (1) 2, 3 and 5 of the Act transmits disaster broadcasting services, etc. in the form of subtitles pursuant to the proviso to the same paragraph, it shall comply with the following standards: <Newly Inserted on May 31, 2016> |
| 1. | To transmit warning issuance agency, types of warning, area of occurrence and time information regarding a disaster, calamity, or civil defense crisis in the form of subtitles on a screen; |
| 2. | To ensure that the subtitles falling under subparagraph 1 do not overlap with other subtitles. |
[Title Amended on Jul. 31, 2012]
| Article 28-2 (Roles of Host Broadcaster for Disaster Broadcasting Services) |
| (1) | A host broadcaster for disaster broadcasting services, etc. designated under Article 40-2 (1) of the Act (hereinafter referred to as “host broadcaster”) shall implement a simulation training of disaster broadcasting, etc. under paragraph (3) 3 of the same Article at least once a year. |
| (2) | A host broadcaster shall submit the result of the measures in Article 40-2 (3) of the Act to the Minister of Science and ICT and the Korea Communications Commission not later than the last day of February every year. <Amended on Jul. 26, 2017> |
| (3) | For establishing and standardizing a broadcasting communications system to effectively provide disaster broadcasting services, etc., a host broadcaster shall cooperate with the head of the relevant central administrative agency and other broadcasting business entities, etc.; and if necessary for the provision of disaster broadcasting services, etc., it may request necessary support to the head of the relevant central administrative agency. |
[This Article Newly Inserted on May 31, 2016]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 29 (Submission of Data) |
The Minister of Science and ICT or the Korea Communications Commission shall provide a period of at least seven days for submission when requesting submission of relevant data, including statistical data, to broadcasting communications business entities under the main sentence of Article 42 of the Act: Provided, That this shall not apply where they are urgently needed for establishing and executing various policies on broadcasting, or where inevitable circumstances exist. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 18, 2018>
| Article 30 (Delegating and Entrusting Authority) |
| (1) | The Minister of Science and ICT or the Korea Communications Commission shall delegate their authority over promotion of the standardization of broadcasting communications, recommendation of the standardization, and public notice of the adoption of standards for broadcasting communications under Article 33 (1) and (2) of the Act to the head of the National Radio Research Agency under Article 44 (1) of the Act. <Amended on Aug. 19, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT or the Korea Communications Commission shall delegate each of the following authority to the head of the Central Radio Management Office under Article 44 (1) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 2, 2019> |
| 2. | A corrective order to a person who has installed broadcasting communications facilities under Article 31 of the Act or an order for other necessary measures; |
| 3. | Entry to, guidance for, and inspection of an area, place of business, etc. where broadcasting communications facilities are established under Article 36-2 (2) of the Act and Article 24-2 (4) of this Decree (limited to entry to, guidance for, and inspection of a major broadcasting communications service provider under Article 35 (1) 1 of the Act); |
| 4. | A request for a report from a person who has installed broadcasting communications facilities and an inspection of broadcasting communications facilities, etc. under Article 43 (1) of the Act; |
| 5. | An order to remove the broadcasting communications facilities or to take other necessary measures under Article 43 (2) of the Act; |
| (3) | The Minister of Science and ICT or the Korea Communications Commission shall entrust each of the following duties to the Agency under Article 44 (1) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | An institution to whom authority is delegated or which is entrusted with duties under paragraphs (1) through (3) shall report the results of the affairs delegated or entrusted to the Minister of Science and ICT or the Korea or the Korea Communications Commission, when it handles such affairs. <Newly Inserted on Aug. 4, 2020> |
| Article 30-2 (Re-Examination of Regulation) |
The Minister of Science and ICT shall examine the appropriateness of the scope of broadcasting communications business entities exempt from the obligations to undergo a test of broadcasting communications facilities and to maintain the records thereof every three years, counting from January 1, 2014 (referring to the period that ends on the day before January 1 every third year), and shall take measures, such as making improvements. <Amended on Jul. 26, 2017>
[This Article Newly Inserted on Dec. 30, 2013]
CHAPTER VIII PENALTY PROVISIONS
| Article 31 (Criteria for Imposing Administrative Fines) |
[This Article Wholly Amended on May 31, 2016]
ADDENDA <Presidential Decree No. 22330, Dec. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Articles 11 through 18 and Articles 2, 3, and 6 (1), (2) and (6) (limited to the amended provisions of Articles 22, 23, 23-2 and 24 of the aforesaid Article) of the Addenda shall enter into force on January 1, 2011. Article 2 (Applicability to Remission of Charges)
Article 13 (1) shall also apply to the business entities authorized for business on or after January 1, 2008.
Article 3 (Special Cases concerning Collection of Charges from Terrestrial Broadcasting Business Entities)
| (1) | Notwithstanding Article 12 (1) 1 and paragraphs (2) through (5) of the same Article, charges imposed on terrestrial broadcasting business entities for the years 2011 through 2013 shall be collected on a quarterly basis. |
| (2) | Terrestrial broadcasting business entities shall submit data that the Korea Communications Commission deems necessary for the calculation of charges, including the quarterly sales of broadcasting advertisements under paragraph (1), to the Korea Communications Commission within 15 days from the end of the relevant quarter. |
| (3) | When intending to collect charges under paragraph (1), the Korea Communications Commission shall send a notice of payment stating the amount to be paid by the terrestrial broadcasting business entity, the payment deadline, and collection agencies within one month from the end of the relevant quarter. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the calculation and collection of charges under this Article shall be determined and publicly notified by the Korea Communications Commission. |
Article 4 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
When imposing administrative fines for any violation committed before this Decree enters into force, notwithstanding the attached Table, the previous cases shall apply.
Article 5 (Transitional Measures following Citation of Other Statutes or Regulations)
Article 6 Omitted.
ADDENDA <Presidential Decree No. 22626, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 22770, Mar. 29, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23082, Aug. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24012, Jul. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Remission or Reduction of Charges)
The amended provisions of Article 13 (2) shall begin to apply to the charges collected in 2012. Article 3 Omitted.
ADDENDA <Presidential Decree No. 24445, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24809, Oct. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 shall enter into force on February 14, 2014. Article 2 (Applicability to Re-Appointment of Members of Council)
The amended provisions of Article 15 (3) shall also apply to those serving as members as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Executive Officers in Charge of Income of Fund)
The executive officer in charge of income of the Fund, executive officer in charge of encumbrances, employee in charge of expenditures, and employee in charge of the accounts of the Fund (hereinafter referred to as "executive officers, etc.") appointed under the previous provisions before this Decree enters into force shall be construed as executive officers, etc. appointed under the amended provisions of Article 17 (3).
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26337, Jun. 22, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (1) shall enter into force on July 21, 2015.
ADDENDUM <Presidential Decree No. 26768, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27202, May 31, 2016>
This Decree shall enter into force on June 2, 2016: Provided, That the amended provisions of Articles 28 and 28-2 shall enter into force on June 23, 2016, and the amended provision of Article 13-2 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 29391, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Submission of Data)
The amended provisions of Article 29 shall also apply where submission of data was requested under the main sentence of Article 42 of the Act before this Decree enters into force, and the period for submission has not passed.
ADDENDA <Presidential Decree No. 29886, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 25, 2019.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29935, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30890, Aug. 4, 2020>
This Decree shall enter into force on the date of its promulgation.