| Article 2 (Application for Registration of Personal Location Information Business) |
| (1) | A person who intends to file for registration of location information business handling personal location information (hereinafter referred to as "personal location information business") pursuant to Article 5 (1) of the Act on the Protection and Use of Location Information (hereinafter referred to as the “Act”) may file an application therefor in the name of the representative of a corporation or the representative of the shareholders, etc. of a corporation intended to be incorporated. <Amended on Oct. 16, 2018; Apr. 19, 2022> |
| (2) | A person who intends to file for registration of personal location information business shall file with the Korea Communications Commission a written application for registration of personal location information business (including a written application in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 16, 2018; Apr. 19, 2022> |
| 1. | Business plan including matters to be entered under attached Table 1; |
| 2. | List of a corporation's shareholders (it shall only be submitted in cases of a corporation which is intended to be established). |
| (3) | Upon receipt of an application for registration pursuant to paragraph (2), the Korea Communications Commission shall verify the corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010; Apr. 19, 2022> |
| (4) | Where the content of any document submitted under paragraph (2) is unclear, any attached document is incomplete, or the documents submitted under paragraph (2) are otherwise defective, the Korea Communications Commission may request the relevant applicant to supplement it. In such cases, the period required for supplementing documents shall not be included in the period referred to in paragraph (5). <Newly Inserted on Apr. 19, 2022> |
| (5) | Upon receipt of a written application for registration of personal location information business pursuant to paragraph (2), the Korea Communications Commission shall notify the applicant of whether to grant registration within two months from the date of receipt of the written application: Provided, That if it is unable to make a notification within such period due to any unavoidable reason, the Korea Communications Commission may extend the period only once by up to two months. <Amended on Mar. 8, 2017; Apr. 19, 2022> |
| (6) | Where extending the period pursuant to the proviso of paragraph (5), the Korea Communications Commission shall notify the applicant in writing without delay of the fact and grounds for the extension. |
| (7) | Where the Korea Communications Commission intends to attach conditions to registration pursuant to Article 5 (5) of the Act, it may hear opinions of the applicant. <Newly Inserted on Apr. 19, 2022> |
[Title Amended on Apr. 19, 2022]
| Article 3 (Detailed Examination Standards for Each Registration Requirement for Personal Location Information Business) |
| (1) | The detailed examination standards for each registration requirement under Article 5 (3) of the Act shall be as listed in attached Table 2. <Amended on Apr. 19, 2022> |
| (2) | Matters concerning evaluation methods, etc. with respect to respective detailed examination standards under paragraph (1) shall be determined and publicly notified by the Korea Communications Commission. <Amended on Aug. 3, 2015> |
[Title Amended on Apr. 19, 2022]
| Article 4 (Registration of Change of Personal Location Information Business) |
| (1) | Deleted. <Dec. 31, 2008> |
| (2) | A person who intends to file for registration of change of personal location information business pursuant to Article 5 (2) of the Act shall file with the Korea Communications Commission a written application for the registration of change of personal location information business (including an application in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 16, 2018; Apr. 19, 2022> |
| 1. | A change to the business plan specified in Article 2 (2) 1 (limited to a change of main facilities such as a server out of the location information system); |
| 2. | Other documents that can verify the changes. |
| (3) | Articles 2 (4) through (6) and 3 shall apply mutatis mutandis to methods and procedures for registration of change and examination standards therefor under Article 5 (2) of the Act. <Newly Inserted on Dec. 31, 2008; Oct. 16, 2018; Apr. 19, 2022> |
| (4) | Each person who intends to report on any change of personal location information business pursuant to Article 5 (2) of the Act shall file with the Korea Communications Commission a written report on the change of a personal location information business (including a written report in electronic form) accompanied by the documents that can verify the change (including electronic documents). <Newly Inserted on Dec. 31, 2008; Oct. 16, 2018; Apr. 19, 2022> |
[Title Amended on Apr. 19, 2022]
[Moved from Article 5; previous Article 4 moved to Article 5 <Apr. 19, 2022>]
| Article 5 (Issuance of Registration Certificate of Personal Location Information Business) |
| (1) | Where the Korea Communications Commission issues a registration certificate of personal location information business pursuant to Article 5 (3) of the Act, it shall issue the registration certificate after entering the following matters in the registration ledger of personal location information business: <Amended on Oct. 16, 2018; Apr. 19, 2022> |
| 1. | The registration number and the date of registration; |
| 2. | The trade name, and representative’s name; |
| 3. | The category and details of personal location information business; |
| 4. | The location of its main office; |
| 5. | Capital stock or appraised asset value; |
| 6. | Details of main facilities for business and places in which such facilities are installed; |
| 7. | Terms of registration. |
| (2) | Where a person, who has filed for registration of personal location information business under Article 5 (1) of the Act (hereinafter referred to as "personal location information provider") or has filed for registration of change under paragraph (2) of that Article, loses the registration certificate issued under paragraph (3) of that Article or the registration certificate is defaced, he or she shall file an application for reissuance thereof with the Korea Communication Commission, specifying the reasons. <Amended on Oct. 16, 2018; Apr. 19, 2022> |
[Title Amended on Apr. 19, 2022]
[Moved from Article 4; previous Article 5 moved to Article 4 <Apr. 19, 2022>]
| Article 5-2 (Reporting on Object Location Information Business) |
| (1) | A person who intends to report on a location information business not handling personal location information (hereinafter referred to as "object location information business") pursuant to Article 5-2 (1) of the Act shall file with the Korea Communications Commission a written report on object location information business (including a report in electronic form), accompanied by the following documents (including electronic documents): |
| 1. | Business plan including the status of the object location information provider and the details of business; |
| 2. | Documents by which to verify the details and installation places of main facilities for business; |
| (2) | Where a person who has reported on an object location information business pursuant to Article 5-2 (1) of the Act (hereinafter referred to as "object location information provider") intends to report on any change of the business pursuant to Article 5-2 (3) of the Act, he or she shall file with the Korea Communications Commission a written report on the change of object location information business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Amended on Apr. 19, 2022> |
| 1. | A change to the business plan specified in paragraph (1) 1 (limited to a change of main facilities such as a server out of the location information system); |
| 2. | Other documents that can verify the changes. |
| (3) | Upon receipt of a report under paragraph (1) or (2), the Korea Communications Commission shall verify a certificate of matters entered in the relevant corporate registration certificate or business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the reporter does not agree to verification of the business registration certificate, the Korea Communications Commission shall require him or her to attach a copy thereof. |
[This Article Newly Inserted on Oct. 16, 2018]
| Article 6 (Methods and Procedures for Applying for Authorization for Takeover of Personal Location Information Business or Merger of Corporation) |
| (1) | A person who intends to obtain authorization to acquire a personal location information business pursuant to Article 7 (1) of the Act shall file with the Korea Communications Commission a written application for authorization to acquire such personal location information business (including an application form in electronic form), accompanied by the following documents: <Amended on Aug. 3, 2015; Oct. 16, 2018> |
| 1. | Copy of a contract for transfer and acquisition of business; |
| 2. | Business plan including matters to be entered under attached Table 2-2. |
| (2) | A person who intends to obtain authorization for a merger or split-off (including a merger by split-off; hereinafter the same shall apply) of a corporation which is a personal location information provider pursuant to Article 7 (1) of the Act shall file with the Korea Communications Commission a written application for authorization for a merger or split-off of the personal location information business (including an application form in electronic form), accompanied by the following documents (including electronic documents): <Amended on Aug. 3, 2015; Oct. 16, 2018> |
| 1. | Copy of a contract for the merger or merger by split-off; or a copy of a plan for the split-off; |
| 2. | Business plan including the matters to be entered under attached Table 2-2. |
| (3) | The Korea Communications Commission which receives an application for authorization pursuant to paragraph (1) or (2) shall confirm the corporate registration certificate of transferee or parties to the merger or split-off through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010> |
| (4) | Where the Korea Communications Commission grants authorization for any application for acquisition, merger, or split-off under paragraph (1) or (2), it shall issue a registration certificate of personal location information business. <Amended on Oct. 16, 2018; Apr. 19, 2022> |
[Title Amended on Oct. 16, 2018]
| Article 6-2 (Detailed Examination Standards by Examination Item When Granting Authorization for Takeover of Personal Location Information Business or Merger of Corporation) |
| (1) | The detailed examination standards by examination item prescribed in Article 7 (2) of the Act shall be as listed in attached Table 2-3. |
| (2) | Matters concerning evaluation methods, etc. regarding respective detailed examination standards under paragraph (1) shall be determined and publicly notified by the Korea Communications Commission. |
[This Article Newly Inserted on Aug. 3, 2015]
[Title Amended on Oct. 16, 2018]
| Article 6-3 (Reporting on Takeover of Object Location Information Business or Merger of Corporation) |
| (1) | A person who intends to report on takeover of an object location information business pursuant to Article 7 (4) of the Act shall file with the Korea Communications Commission a written report on takeover of such object location information business (including a report in electronic form), accompanied by the following documents (including electronic documents): |
| 1. | Copy of a contract for the transfer and takeover of business; |
| 2. | Changes made to the business plan specified in Article 5-2 (1) 1 due to the takeover of the object location information business. |
| (2) | A person who intends to report on inheritance of an object location information business pursuant to Article 7 (4) of the Act shall file with the Korea Communications Commission a written report on inheritance of such object location information business (including a report in electronic form), accompanied by documents verifying that he or she is the inheritor of such business (including electronic documents). |
| (3) | A person who intends to report on a merger or split-off of a corporation pursuant to Article 7 (4) of the Act shall file with the Korea Communications Commission a written report on the merger or split-off of such object location information business (including a report in electronic form), accompanied by the following documents (including electronic documents): |
| 1. | Copy of a contract for the merger or merger by split-off, or a copy of a plan for the split-off; |
| 2. | Changes made to the business plan specified in Article 5-2 (1) 1 due to the merger or split-off of the corporation. |
| (4) | Upon receipt of a report under paragraph (1) or (3), the Korea Communications Commission shall verify a certificate of matters entered in the relevant corporate registration certificate or the business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the reporter does not agree to verification of the business registration certificate, the Korea Communications Commission shall require him or her to attach a copy thereof. |
[This Article Newly Inserted on Oct. 16, 2018]
| Article 7 (Approval to Suspend or Discontinue Operations of Personal Location Information Business) |
| (1) | A person who intends to obtain approval to fully or partially suspend or discontinue business operations under Article 8 (1) 1 or (2) 1 of the Act shall file with the Korea Communications Commission a written application for approval for suspension or discontinuation of personal location information business operations (including a written application in electronic form) accompanied by the following documents (including electronic documents): <Amended on Aug. 3, 2015; Oct. 16, 2018; Apr. 19, 2022> |
| 1. | Documents through which the content of business operations intended to be suspended or discontinued and the content of the main facilities can be confirmed (such documents shall be submitted only in cases of partial suspension or discontinuation of business operations); |
| 2. | Documents specifying a plan for notifying the subjects of personal location information of the suspension or discontinuation of business operations; |
| 3. | Documents evidencing the destruction of personal location information and data verifying the collection of location information under Article 8 (4) of the Act. |
| (2) | A personal location information provider shall notify the subjects of personal location information of the matters specified in each subparagraph of Article 8 (3) of the Act in writing by e-mail or by any other means pursuant to Article 8 (3) of the Act, and shall post the suspension or discontinuation of business operations on such provider’s website for at least 30 days. <Newly Inserted on Oct. 16, 2018> |
[Title Amended on Oct. 16, 2018]
| Article 8 (Reporting on Suspension or Discontinuation of Operations of Object Location Information Business) |
A person who intends to report on full or partial suspension or discontinuation of business operations under Article 8 (1) 2 or (2) 2 of the Act shall file with the Korea Communications Commission a written report on the suspension or discontinuation of operations of object location information business (including a report in electronic form); and shall do so, together with the documents (including electronic documents) by which to verify the contents of business operations to be suspended or discontinued and the details of major facilities if he or she intends to partially suspend or discontinue such business operations. [This Article Wholly Amended on Oct. 16, 2018]
| Article 8-2 (Destruction of Data When Suspending or Discontinuing Operations of Location Information Business) |
Where destroying personal location information, or data verifying the collection of location information, pursuant to Article 8 (4) of the Act, it shall be required to take measures such as deletion, pulverization, and incineration of the relevant records by using any such technical means as makes it impossible to reproduce them. <Amended on Oct. 16, 2018> [This Article Newly Inserted on Dec. 31, 2008]
[Title Amended on Oct. 16, 2018]
| Article 9 (Reporting on Location-Based Service Business) |
| (1) | A person who intends to report on a location-based service business pursuant Article 9 (1) of the Act shall file with the Korea Communications Commission a written report on location-based service business (including a report form in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 16, 2018> |
| 1. | Business plan including the status of the service provider and the details of business; |
| 2. | Documents by which the details and installation places of the main facilities for business may be confirmed; |
| (2) | A person who intends to report on any change pursuant to Article 9 (3) of the Act shall file with the Korea Communications Commission a written report on the change of location-based service business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Newly Inserted on Oct. 16, 2018; Apr. 19, 2022> |
| 1. | A change to the business plan specified in paragraph (1) 1 (limited to a change of main facilities such as a server out of the location information system); |
| 2. | Other documents that can verify the changes. |
| (3) | Upon receipt of a report pursuant to paragraph (1) or (2), the Korea Communications Commission shall confirm a corporate registration certificate or the business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where such person who files such report does not agree to confirmation of the business registration certificate, the Korea Communications Commission may have such person attach a copy thereof. <Amended on May 4, 2010; Nov. 2, 2010; Oct. 16, 2018> |
| Article 10 (Reporting on Location-Based Service Business by Micro Enterprises) |
| (1) | A person who intends to file a report on location-based service business under the proviso, with the exception of the subparagraphs, of Article 9-2 (1) of the Act shall file a written report on location-based service business for micro enterprises, etc. (including a report in electronic form), accompanied by the documents (including electronic documents) verifying that the person is either a micro enterprise defined in Article 2 of the Framework Act on Micro Enterprises or a self-employed creative enterprise defined in Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises (hereinafter referred to as "micro enterprise, etc."); or shall enter the reported matters into an information system designated by the Korea Communications Commission. <Amended on Feb. 2, 2021> |
| (2) | A person who intends to report on any change pursuant to Article 9-2 (3) of the Act shall file with the Korea Communications Commission a written report on the change of location-based service business for micro enterprises, etc. (including a report in electronic form); or shall enter the reported change into an information system designated by the Korea Communications Commission. |
| (3) | A person who intends to make a report under Article 9-2 (4) of the Act shall file with the Korea Communications Commission a written report on location-based service business, accompanied by the following documents (including electronic documents): |
| 1. | Documents by which to verify the date the person ceases to be a micro enterprise, etc.; |
| 2. | Documents specified in each subparagraph of Article 9 (1). |
| (4) | Upon receipt of a report under paragraphs (1) through (3), the Korea Communications Commission shall verify a certificate of matters entered in the relevant corporate registration certificate or the business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the reporter does not agree to verification of the business registration certificate, the Korea Communications Commission shall require such reporter to attach a copy thereof. |
[This Article Wholly Amended on Oct. 16, 2018]
| Article 11 (Reporting on Takeover of Location-Based Service Business and Merger of Corporation) |
| (1) | A person who intends to report on takeover of a location-based service business pursuant to Article 10 (1) of the Act shall file with the Korea Communications Commission a written report on the takeover of location-based service business (including a document in electronic form), accompanied by the following documents (including electronic documents): <Amended on Mar. 8, 2017; Oct. 16, 2018> |
| 1. | A copy of the contract for transfer and takeover; |
| 2. | Changes made to the business plan specified in Article 9 (1) 1 due to the takeover of the location-based service business. |
| (2) | A person who intends to report on takeover of location-based service business pursuant to Article 10 (1) of the Act shall file with the Korea Communications Commission a written report on the inheritance of location-based service business (including a document in electronic form), accompanied by the documents (including electronic documents) verifying such person is the inheritor thereof. |
| (3) | A person who intends to report on a merger or split-off of a corporation pursuant to Article 10 (1) of the Act shall file with the Korea Communications Commission a written report on the merger or split-off of the relevant location-based service business (including a document in electronic form), accompanied by the following documents (including electronic documents): <Amended on Mar. 8, 2017; Oct. 16, 2018> |
| 1. | Copy of a contract for the merger or merger by split-off; or a copy of a plan for the split-off; |
| 2. | Changes made to the business plan specified in Article 9 (1) 1 due to the merger or split-off of the corporation. |
| (4) | Upon receipt of a report pursuant to paragraph (1) or (3), the Korea Communications Commission shall verify the corporate registration certificate or the business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where such person who makes the report does not agree to the confirmation of a business registration certificate, the Korea Communications Commission may have that person attach a copy thereof. <Amended on May 4, 2010; Nov. 2, 2010> |
| Article 12 (Reporting on Suspension or Discontinuation of Operations of Location-Based Service Business) |
| (1) | A location information provider who intends to report on the full or partial suspension or discontinuation of location-based service business operations pursuant to Article 11 (1) or (2) of the Act shall file with the Korea Communications Commission a written application for suspension or discontinuation of operations of location-based service business (including an application form in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 16, 2018; Apr. 19, 2022> |
| 1. | Details of the business operations intended to be suspended or discontinued, and documents though which the content of main facilities can be verified (they shall be submitted only in cases of partial suspension or discontinuation); |
| 2. | Documents evidencing that the suspension or discontinuation has been notified to the subjects of personal location information; |
| 3. | Documents evidencing the destruction of personal location information pursuant to the latter part of Article 11 (1) of the Act or data verifying the use and provision of personal location information pursuant to the latter part of paragraph (2) of that Article. |
| (2) | Where intending to fully or partially suspend or discontinue the operations of location-based service business pursuant to Article 11 (1) and (2) of the Act, Articles 7 (2) and 8-2 shall apply mutatis mutandis to the notification of the suspension or discontinuation and the destruction of personal location information, etc. In such cases, “data verifying the collection of location information” shall be construed as “data verifying the use and provision of location information”. <Amended on Dec. 31, 2008; Aug. 3, 2015; Oct. 16, 2018> |
[Title Amended on Oct. 16, 2018]
| Article 13 (Disclosure of Terms and Conditions on Use) |
A person who intends to disclose the details of the service to be provided, the fees, conditions, etc. for the collection, use, and provision of location information (hereinafter referred to as “terms and conditions on use”) pursuant to Article 12 (1) of the Act or to disclose the grounds for and details of amendments to the terms and conditions on use, shall do so according to the following methods by making the terms and conditions on use easily identifiable, using a font size, color, etc.: | 1. | Location information providers (referring to personal location information providers or object location information providers; hereinafter the same shall apply): Ensuring that the subjects of personal location information can see the terms and conditions on use through the relevant website or through the first screen of a communication terminal device collecting the location information or any other screen connected to the first screen; |
| 2. | Location-based service providers (referring to persons who have reported on a location-based service business pursuant to Article 9 (1) of the Act or persons who engage in a location-based service business pursuant to Article 9-2 (1) of the Act; hereinafter the same shall apply): Ensuring that location-based service users can see the terms and conditions on use through the relevant website or through the first screen of a communication terminal device providing location-based services or any other screen connected to the first screen. |
[This Article Wholly Amended on Oct. 16, 2018]
| Article 14 (Detailed Standards for Administrative Dispositions) |
| (1) | The detailed standards for administrative dispositions under Article 13 (2) of the Act shall be as listed in attached Table 3. |
| (2) | Where the Korea Communications Commission takes a disposition to revoke any registration or authorization or to discontinue or suspend business operations pursuant to paragraph (1), it shall publicly notify such disposition without delay. <Amended on Apr. 19, 2022> |
| Article 15 (Standards for Imposing Penalty Surcharges) |
| (1) | "Sales related to the violation" in the provisions, with the exception of the subparagraphs, of Article 14 (1) of the Act shall be the annual average of the sales of services related to the violation (hereinafter referred to as "sales related to the violation") for the three business years immediately preceding the business year in which the violation occurred (hereafter in this Article referred to as "relevant business year"): Provided, That if three years have not passed since the commencement date of services related to a violation as at the first day of the relevant business year, it shall be the annual averaged amount of the sales related to the violation from the commencement date of the services to the last day of the relevant business year; if there has been no sales related to the violation during the three business years immediately preceding the relevant business year, it shall be the amount derived by converting the sales related to the violation from the first day of the relevant business year to the date of violation into the sales related to the violation during the relevant business year; and if the services related to the violation is commenced during the relevant business year, it shall be the amount derived by converting the sales related to the violation from the commencement date of the services to the date of violation into the sales related to the violation during the relevant business year. <Newly Inserted on Apr. 19, 2022> |
| (2) | "Sales of the relevant location information business or location-based service business” in Article 14 (2) of the Act means the average annual sales for the three business years immediately preceding the relevant business year: Provided, That if three years have not passed since the commencement date of business as at the first day of the relevant business year, it shall be the annual averaged amount of the sales from the commencement date of business to the last day of the relevant business year; and if the business is commenced during the relevant business year, it shall be the amount derived by converting the sales from the commencement date of the business to the date of violation into annual sales. <Amended on Apr. 19, 2022> |
| (3) | If the Korea Communications Commission needs financial statements or other data for the computation of sales under paragraphs (1) and (2), it may request the relevant location information provider, etc. to submit relevant data for a specified period of up to 20 days. <Newly Inserted on Apr. 19, 2022> |
| (4) | The standards for imposing penalty surcharges under Article 14 (1) and (2) of the Act shall be as listed in attached Table 4. <Amended on Jul. 9, 2010; Apr. 19, 2022> |
| (5) | "Cases prescribed by Presidential Decree" in the proviso of Article 14 (3) of the Act means the following: <Newly Inserted on Apr. 19, 2022> |
| 1. | Where he or she has no sales record on such grounds as that he or she did not commence business or has suspended business operations; |
| 2. | Where it is impracticable to calculate the sales because it is impossible to determine the period of violation or the scope of relevant sales; |
| 2. | Where it is impracticable to calculate sales objectively because the data for calculation of sales have disappeared, damaged, etc. due to a disaster, etc. |
| Article 16 (Imposition and Payment Procedures for Penalty Surcharges) |
| (1) | Where the Korea Communications Commission intends to impose a penalty surcharge pursuant to Article 14 (1) and (2) of the Act, it shall notify a person subject to the imposition of the penalty surcharge to pay the penalty surcharge, specifying in writing the fact of the relevant violation, the imposed amount, the methods and period for raising an objection, etc. after investigating and verifying the relevant violation. <Amended on Apr. 19, 2022> |
| (2) | Upon receipt of a notification pursuant to paragraph (1), a person shall pay the penalty surcharge to the collecting agency designated by the Korea Communications Commission within 20 days from the date of receipt of that notification: Provided, That where unable to pay the penalty surcharge within that period due to an act of God or other inevitable reasons, such person shall pay it within seven days from the day on which such situation ceases to exist. |
| Article 17 (Extension of Time Limit for Payment of Penalty Surcharge, and Payment in Installments Thereof) |
| (1) | Deleted. <Apr. 19, 2022> |
| (2) | Deleted. <Apr. 19, 2022> |
| (3) | The extension of the time limit for payment of a penalty surcharge may not exceed one year from the next day of the time limit. |
| (4) | Where making payment in installments, an interval between each time of installment payment may not exceed four months and the number of installments may not exceed three. |
| (5) | Articles 18 through 23 of the National Tax Collection Act and Articles 18 through 23 of the Enforcement Decree of that Act shall apply mutatis mutandis to the provision of a security by a location information provider and a location-based service provider (hereinafter referred to as "location information service provider, etc.") for an extension of the due date for payment of penalty surcharges or payment in installments under Article 14 (1) and (2) of the Act. <Newly Inserted on Dec. 31, 2008; Feb. 17, 2021; Apr. 19, 2022> |
| Article 18 Deleted. <Apr. 19, 2022> |
| Article 19 Deleted. <Apr. 19, 2022> |
| Article 20 (Managerial and Technical Measures for Protection) |
| (1) | Managerial measures prescribed in Article 16 (1) of the Act shall contain the following details: <Amended on Oct. 16, 2018> |
| 1. | Designation of persons responsible for managing location information; |
| 2. | Designation of persons authorized to have access at respective stages such as with respect to collection, use, provision, destruction, etc. of location information, and restrictions on their authority; |
| 3. | Preparation of procedures and guidelines for the treatment and management specifying the duties and responsibilities of persons in charge of treating location information; |
| 4. | Operation and management of a treatment ledger in which the facts of having provided location information, and other related matters are recorded; |
| 5. | Conduct of periodical self-inspections of protective measures for location information. |
| (2) | Technical measures referred to in Article 16 (1) of the Act shall contain the following details: <Amended on Apr. 19, 2022> |
| 1. | Conduct of identification and accreditation through which authority to have access to location information and a location information system can be confirmed; |
| 2. | Measures such as the installation of firewall to block unauthorized access to a location information system; |
| 3. | Operation of devices for electronic automatic recording and preservation of access to a location information system; |
| 4. | Installation and operation of security programs for preventing accidents of intruding into a location information system; |
| 5. | Application of encryption technology to safely store and transmit location information or other equivalent measures; |
| 6. | Other measures deemed by the Korea Communications Commission as necessary to protect location information. |
| (3) | The Korea Communications Commission may determine and publicly notify the details of the measures specified in each subparagraph of paragraphs (1) and (2). <Newly Inserted on Oct. 16, 2018> |
| Article 21 (Inspection of Protective Measures for Location Information) |
A public official who inspects the details, and the preservation status of records, of technical and managerial measures pursuant to Article 16 (3) of the Act shall notify the relevant location information provider, etc. of the following matters no later than seven days before the inspection: Provided, That this shall not apply where there is an urgent need for inspection due to the occurrence of an incident involving a breach of personal location information or the filing of a specific petition regarding a breach of personal location information: <Amended on Oct. 16, 2018; Apr. 19, 2022> | 1. | Grounds and purpose of the inspection; |
| 3. | Personal information of the inspector; |
| 4. | Content of the inspection. |
| Article 22 (Matters to Be Specified in Terms and Conditions on Use When Collecting Location Information) |
| Article 23 (Matters to Be Specified in Terms and Conditions on Use When Using and Providing Personal Location Information) |
| Article 24 (Notification of Fact of Having Provided Personal Location Information) |
| (1) | Where a location-based service provider notifies any subject of personal location information about persons provided with their personal location information, and the date and purpose of such provision pursuant to Article 19 (3) and (4) of the Act (hereinafter referred to as “details of information provision”), such service provider shall do so by means of the relevant telecommunications terminal equipment by means of which the location information provider has collected the personal location information: Provided, That in any of the following cases, such service provider may send such notification by means of the telecommunications terminal equipment, email address or otherwise specifically designated in advance by the relevant subjects of personal location information: <Amended on Aug. 3, 2015> |
| 1. | Where the relevant telecommunications terminal equipment does not have a function of receiving texts, voices or videos; |
| 2. | Where the subjects of personal location information make a request in advance that notification should be sent by means of any telecommunications terminal equipment, email address or otherwise, other than the relevant telecommunications terminal equipment by means of which the personal location information is collected. |
| (2) | Where a location-based service provider intends to obtain consent from the subjects of personal location information pursuant to Article 19 (4) of the Act, such service provider shall give them a notice that they can be notified of the details of information provision to a third party, according to their decision between the method of being notified immediately thereof and the method of being notified thereof at once after collecting them. <Newly Inserted on Aug. 3, 2015> |
| (3) | After giving a notice under paragraph (2), a location-based service provider shall obtain consent to the following from the subjects of personal location information. In such cases, a location-based service provider shall obtain such consent separately, by distinguishing it from the consent under Article 19 (2) of the Act: <Newly Inserted on Aug. 3, 2015> |
| 1. | The number of times of collecting the details of information provision, after which, or the time interval at which, a notification can be made on a regular basis, pursuant paragraph (4); |
| 2. | The fact that change to the method of immediate notification under Article 19 (3) of the Act is possible if requested by the subjects of personal location information, and the methods for making such request. |
| (4) | After collecting the details of information provision to a third party, a location-based service provider may make notifications after every following number of times, or at the following time interval pursuant to Article 19 (4) of the Act: <Newly Inserted on Aug. 3, 2015> |
| 1. | Number of times: the number of times corresponding to the multiples of 10, such as 10 times, 20 times, 30 times, etc.; |
| 2. | Time interval: 10 days, 20 days or 30 days. |
| (5) | Where making a notification by means of the method under paragraph (4) 1, a location-based service provider shall make a notification after collecting such details of information provision as fall under each of the following every 30 days from the day of first providing the relevant personal location information to a third party: <Newly Inserted on Aug. 3, 2015> |
| 1. | Details of information provision which remain after making a notification after collection pursuant to paragraph (4) 1; |
| 2. | Details of information provision which have not been notified because the number of times of having provided personal location information to third parties falls short of the number of times consented to pursuant to paragraph (4) 1. |
[Title Amended on Aug. 3, 2015]
| Article 25 (Request for and Provision of Location Information) |
| (1) | A location-based service provider shall request a location information provider for personal location information pursuant to Article 20 (1) of the Act and specify the following matters: |
| 1. | Fact of having obtained consent from the subjects of personal location information; |
| 2. | Scope and period of personal location information. |
| (2) | Where intending to provide the requested personal location information, a location information provider who receives a request under paragraph (1) shall confirm in advance whether or not the subjects of personal location information have given consent to such provision. |
| (3) | Detailed matters concerning the procedures, methods, etc. for providing personal location information under Article 20 (2) of the Act may be determined and publicly notified by the Korea Communications Commission. |
| Article 25-2 (Disclosure of Policies for Handling Personal Location Information) |
| 2. | Matters regarding the rights and obligations of a legal guardian and the methods of exercising such rights under Article 26 (1) of the Act; |
| 3. | Contact information, such as the name and telephone number of the person responsible for managing location information, or the name and telephone number of the department responsible for handling the affairs related to the protection of personal location information and the relevant complaints. |
[This Article Newly Inserted on Apr. 19, 2022]
| Article 26 (Notification of Transfer of Business) |
| (1) | Where notifying the subjects of personal location information of the transfer, merger, inheritance, etc. of the business pursuant to Article 22 of the Act, a location information provider, etc. shall take all of the following measures: |
| 1. | Notification to the subjects of personal location information in writing, by email or otherwise; |
| 2. | Publication on the website of the location information provider, etc. for 30 or more days. |
| (2) | Where a location information provider, etc. does not know the contact point of the relevant subjects of personal location information without any negligence or has any inevitable reasons, notification prescribed in paragraph (1) 1 may be replaced by making public notice at least one time in two or more general daily newspapers having the nationwide distribution areas under Article 9 (1) of the Act on the Promotion of Newspapers (including daily newspapers where the principal distribution area is a particular district where the most of the subjects of personal location information live in such particular district). <Amended on Jan. 27, 2010> |
| (3) | "Matters prescribed by Presidential Decree” in subparagraph 3 of Article 22 of the Act means the following: |
| 1. | Matters concerning the rights and duties of the subjects of personal location information; |
| 2. | Matters concerning managerial or technical measures for protecting personal location information. |
| Article 26-2 (Destruction of Personal Location Information) |
| (1) | Article 8-2 shall apply mutatis mutandis to the destruction of personal location information and data verifying the collection, use, and provision of location information under the main clause of Article 23 (1) and Article 24 (4) of the Act. In such cases, "data verifying the collection of location information" shall be construed as "data verifying the collection, use, and provision of location information." |
| (2) | “Good cause prescribed by Presidential Decree” in the proviso of Article 23 (1) of the Act means cases where a subject of personal location information gives a separate consent to the retention of his or her personal location information. |
| (3) | The period during which personal location information may be retained under the proviso of Article 23 (1) of the Act shall be up to one year from the time the subject of personal location information gives consent thereto. |
| (4) | Where the Korea Communications Commission intends to require public officials under its jurisdiction to inspect the actual conditions of destroying personal location information pursuant to Article 23 (3) of the Act, Article 21 shall apply mutatis mutandis to the procedures and methods for such inspection. |
[This Article Newly Inserted on Apr. 19, 2022]
[Previous Article 26-2 moved to Article 26-3 <Apr. 19, 2022>]
| Article 26-3 (Methods of Confirming the Consent of Legal Representatives) |
| (1) | A location information provider, etc. shall confirm whether a legal representative has consented by any of the following methods pursuant to Article 25 (1) of the Act: |
| 1. | Requesting the legal representative to express whether he or she consents to the matters subject to consent posted on the website of the location information provider, etc. and informing the legal representative by his or her mobile phone text message that the location information provider, etc. confirms the expression of the consent; |
| 2. | Requesting the legal representative to express whether he or she consents to the matters subject to consent posted on the website of the location information provider, etc. and receiving card information of the legal representative, such as a credit card and debit card; |
| 3. | Requesting the legal representative to express whether he or she consents to the matters subject to consent posted on the website of the location information provider, etc. and verifying the identity of the legal representative through mobile phone authentication; |
| 4. | Issuing a document stating the matters subject to consent or delivering such document to the legal representative by mail or fax, and requesting him or her to submit the document after affixing his or her seal or signature on the matters subject to consent; |
| 5. | Sending a document stating the matters subject to consent to the legal representative by e-mail and requesting him or her to return it with his or her consent expressed thereon by e-mail; |
| 6. | Informing the legal representative of the matters subject to consent and obtaining his or her consent over the phone, or informing the legal representative of the method by which he or she may check the matters subject to consent, such as the Internet address, and obtaining his or her consent over the phone again; |
| 7. | Other methods to inform the matters subject to consent by a method similar to those referred to in subparagraphs 1 through 6, and confirm his or her consent expressed thereon. |
| (2) | Where it is impracticable for a location information provider, etc. to fully state matters subject to consent due to the characteristics of the medium for collecting personal information, he or she may inform a legal representative of a method by which the legal representative may confirm the matters subject to consent (the relevant Internet address, telephone numbers of the place of business, etc.). |
[This Article Newly Inserted on Jun. 11, 2019]
[Moved from Article 26-2 <Apr. 19, 2022>]
| Article 27 (Requirements for Consent to Use of Location Information for Protection of Child under Age of Eight Years) |
| (1) | In order to protect any other person falling under any of the subparagraphs of Article 26 (1) of the Act (hereinafter referred to as “child under the age of eight years, etc.”), a person who intends to give consent to the collection, use or provision of the personal location information of the child under the age of eight years, etc., shall present a written consent to the relevant location information provider, etc., accompanied by the documents verifying he or she is a legal guardian of the child under the age of eight years, etc. |
| (2) | The following matters shall be entered in a written consent under paragraph (1), and the legal guardian shall affix his or her signature and seal or affix his or her signature to the written consent: |
| 1. | Name, address and birth date of the child under the age of eight years, etc.; |
| 2. | Name, address and contact point of the legal guardian; |
| 3. | Fact that the purpose of the collection, use or provision of personal location information is limited to the protection of the life or body of the child under the age of eight years, etc.; |
| Article 28 (Judgment concerning Whether There Exists Any Situation Requiring Emergency Rescue) |
Upon receiving a request for emergency rescue pursuant to Article 29 (1) or (2) of the Act, an emergency rescue agency or the National Police Agency, a City/Do police agency, and a police station under Articles 12 and 13 of the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as “police agency”) may verify the following matters from a person who makes such request for emergency rescue, in order to determine whether there exists any situation requiring emergency rescue: <Amended on Nov. 15, 2012; Nov. 31, 2020> | 1. | Name and contact point of the person who is in need of emergency rescue; |
| 2. | Name and contact point of the person who makes a request for emergency rescue, and relationship of such person with the person who is in need of emergency rescue; |
| 3. | Other matters necessary for determining whether there exists any situation requiring emergency rescue. |
| Article 28-2 (Methods for Confirming Will of Persons in Need of Rescue and Relief) |
| (1) | A police agency shall confirm the will of a person in need of rescue and relief by means of any of the following methods pursuant to Article 29 (3) of the Act: |
| 1. | Where a person who is in need of rescue and relief has informed in advance a police agency or a location information provider about a person who may make a report to a police agency on behalf of the former where there occurs to the former any situation requiring emergency rescue, and has given consent to the provision of the former’s personal location information, any methods for confirming the aforementioned fact; |
| 2. | Where a person who is in need of rescue and relief has sent any other person a voice or text message or the like requesting rescue and relief, any methods for confirming the aforementioned fact; |
| 3. | In any cases other than those falling under subparagraph 1 or 2, any methods for directly communicating with a person in need of rescue and relief and verifying his or her will. |
| (2) | Verification of the will by means of the method falling under any of the subparagraphs of paragraph (1) shall be conducted before requesting a location information provider for providing the relevant personal location information: Provided, That where there is a likelihood to cause any significant danger of the life or body of the person in need of rescue and relief, such confirmation of the will by means of any methods referred to in paragraph (1) 3 may be conducted after making a request for the provision of the relevant personal location information. |
| (3) | The subjects of personal location information may withdraw the consent under paragraph (1) 1 at any time. In such cases, the police agency and the location information provider shall destroy the relevant information without delay. |
| (4) | A police agency may establish and operate an information system to electronically treat the affairs of confirming the will by means of any methods referred to in paragraph (1) 1, and also may utilize such system in common with location information providers. |
| (5) | Where establishing and operating an information system under paragraph (4), a police agency shall limit the number of those persons eligible to connect the information system to the minimum extent necessary for performing the relevant affairs, and shall install safety devices to prevent the leakage, alteration, damage etc. of personal information and the access of unauthorized persons thereto. |
[This Article Newly Inserted on Nov. 15, 2012]
| Article 29 (Special Phone Number Services) |
| 1. | Special telephone number for reporting urgent matters for petition such as fires, rescue and relief, and emergency medical services (excluding those matters falling under subparagraph 2): 119; |
| 2. | Special telephone number for reporting urgent matters for petition such as accidents in seas: 122; |
| 3. | Special telephone number for reporting urgent matters for petition such as rescue and relief from criminal harm, etc.: 112. |
| Article 30 (Methods and Procedures for Issuing Warning) |
| (1) | An emergency rescue agency which intends to request location information providers to issue a warning to pursuant to Article 29 (7) of the Act shall provide a written request for issuance of a warning (including a written request in a form of an electronic document) to location information providers: <Amended on Nov. 15, 2012> |
| 1. | Grounds for requesting the issuance of a warning; |
| 2. | Subject areas to which a warning is intended to be issued; |
| 3. | Time, interval and frequency of the issuance of a warning; |
| 4. | Other matters which serve as good references for the issuance of a warning. |
| (2) | Where intending to request a location information provider to issue a warning pursuant to paragraph (1), an emergency rescue agency shall make a request for the issuance of a warning through a location information system equipped with the following: |
| 1. | Devices for automatic recording and preservation of requests for the issuance of a warning; |
| 2. | Safety devices for preventing the leakage, alteration, damage, etc. of personal location information and the access of unauthorized persons thereto. |
| (3) | A location information provider who receives a written request for the issuance of a warning pursuant to paragraph (1) shall issue a warning through a location information system. |
| Article 30-2 (Retention of Matters Related to Requests for Provision of Personal Location Information) |
| (1) | Where making a request for the provision of personal location information, a police agency shall electronically record and retain the following matters pursuant to Article 29 (9) of the Act. The same shall apply to an emergency rescue agency: |
| 1. | Matters falling under any of the subparagraphs of Article 29 (9) of the Act: Provided, That matters falling under subparagraph 3 or 4 of said paragraph shall be only applicable in case of a police agency; |
| 2. | Records of connecting a location information system. |
| (2) | Among matters under Article 29 (9) 3 of the Act as recorded and retained pursuant to paragraph (1), personal location information shall be deleted after three months from the date the information is recorded and retained. |
[This Article Wholly Amended on Nov. 15, 2012]
| Article 30-3 (Restrictions on Access to Location Information System) |
An emergency rescue agency and a police agency shall limit the number of persons eligible to access an location information system under Article 30 (1) of the Act to the minimum extent necessary for performing the relevant affairs; and shall install safety devices to prevent the leakage, alteration, damage etc. of personal information and the access of unauthorized persons thereto. [This Article Newly Inserted on Nov. 15, 2012]
| Article 30-4 (Reporting to the National Assembly) |
| (1) | In accordance with Article 30 (2) of the Act, an emergency rescue agency and a police agency shall submit materials as classified in the following to the Public Administration and Security Committee of the National Assembly within thirty days after the end of each half-year: <Amended on Aug. 3, 2015> |
| (a) | Number and dates of requests made to location information providers for providing personal location information; |
| (b) | Telephone numbers in respect of whose users location information providers were requested to provide personal location information; |
| (c) | Location information providers who provided personal location information; |
| (a) | Persons who made a request for personal location information; |
| (b) | Number and dates of cases of either having been requested for or having provided personal location information; |
| (c) | Telephone numbers in respect of whose users personal location information was requested or provided; |
| (d) | Relevant statutory provisions which constitute the basis for the request or provision. |
| (2) | In accordance with Article 30 (2) of the Act, a location information provider shall submit the following materials to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly within 30 days after the end of each half-year: <Newly Inserted on Aug. 3, 2015; Oct. 16, 2018> |
| 1. | Number and dates of cases of having provided personal location information to emergency rescue and police agencies; |
| 2. | Telephone numbers in respect of whose users personal location information was provided to emergency rescue and police agencies; |
| 3. | Emergency rescue agencies and police agencies which made requests for personal location information. |
[This Article Newly Inserted on Nov. 15, 2012]
| Article 30-5 (Submission of Statistical Data) |
| (1) | A location information provider shall submit the following data to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly and the Korea Communications Commission pursuant to Article 32 of the Act, within 30 days after the end of each half-year: |
| 1. | Number of warnings issued each month to the subjects of personal location information pursuant to Article 29 (7) of the Act; |
| 2. | Number of monthly cases in which personal location information has been provided to any emergency rescue agency or police agency pursuant to Article 30 (1) of the Act. |
[This Article Newly Inserted on Oct. 16, 2018]
| Article 31 (Scope of Research Institutes) |
The research institutes that the Minister of Science and ICT or the Korea Communications Commission may allow to conduct projects for research and development pursuant to Article 33 (1) of the Act shall be as follows: <Amended on Aug. 18, 2009; Aug. 21, 2009; Jul. 9, 2010; Mar. 23, 2013; Jul. 26, 2017; Dec. 8, 2020> | 5. | Other research institutes whose establishment purpose is to develop technologies and equipment relating information communications networks and which are determined and publicly notified by the Minister of Science and ICT or the Korea Communications Commission. |
| Article 32 (Procedures for Standardization) |
[This Article Wholly Amended on Jun. 25, 2012]
| Article 33 (Projects Relating to Use and Promotion of Location Information) |
| 1. | Projects for supporting research on the legal and institutional improvements for protecting location information and vitalizing location information business and location-based service business (hereinafter referred to as “location information business, etc.”); |
| 2. | Projects for creating a foundation for vitalizing location information business, etc. such as development and distribution of technologies related to location information; |
| 3. | Projects on leading and application technologies for fostering location information, and projects for supporting relevant research; |
| 4. | Projects for the quality improvement and evaluation of location information business, etc.; |
| 5. | Projects for creating a foundation for using location information for public purposes, such as development of technologies and equipment for using location information for public purposes; |
| 6. | Demonstration projects for efficient utilization and distribution of such technologies, equipment and application services as related to location information; |
| 7. | Projects related to standardization for protection, and collection, use and provision of location information; |
| 8. | Other necessary projects concerning the protection of location information and the creation of environment for the use thereof. |
| Article 33-2 (Authorization for Establishment of the Korean Association of Location Information Industry) |
| (1) | Upon authorizing the establishment of the Korean Association of Location Information Industry under Article 35-2 (1) of the Act (hereafter referred to as the "Korean Association of Location Information Industry" in this Article), the Korea Communications Commission shall make a public announcement of such fact on its website. |
| (2) | The Korean Association of Location Information Industry shall perform the following projects with respect to the location information industry: |
| 1. | Research on the location information industry, and recommendation for the improvement of the system thereof; |
| 2. | Research and support for self-regulation for protecting location information; |
| 3. | Support for training human resources for protecting location information; |
| 4. | Survey of the current status related to the location information industry and preparation of statistics thereof; |
| 5. | Survey of technical trends of the location information industry and activities to disseminate new technologies; |
| 6. | Support for international cooperation and overseas expansion regarding the location information industry; |
| 7. | Technological research necessary for protecting location information; |
| 9. | Other projects necessary for developing the location information industry and achieving the objectives of the establishment of the Korean Association of Location Information Industry. |
| (3) | If necessary for the guidance and supervision over the Korean Association of Location Information Industry, the Korea Communications Commission may request the Korean Association of Location Information Industry to submit the following data: |
| 1. | A business plan or business performance report; |
| 2. | A budget statement or a report on the settlement of accounts; |
| 3. | Data related to the performance of projects referred to in the subparagraphs of paragraph (2). |
[This Article Newly Inserted on Apr. 19, 2022]
| Article 34 (Requests for Submission of Materials) |
"Ground prescribed by Presidential Decree” in Article 36 (1) 3 of the Act means cases where there have occurred or are highly likelihood to occur incidents or accidents impairing any right or interest concerning location information of individuals or the owners of movable articles. [This Article Wholly Amended on Aug. 3, 2015]
| Article 35 (Periodic Inspection of Actual Conditions) |
| (1) | A periodic inspection of actual conditions performed by the Korea Communications Commission under Article 36 (3) of the Act shall include the following: |
| 1. | Whether the company name, location of the main office, or location information system of the personal location information provider is changed; |
| 3. | Whether business is transferred, acquired, inherited, merged, or divided, and whether notification thereof is made; |
| 4. | Whether all or part of business is suspended or discontinued; |
| 5. | Terms and conditions of use, and guidelines for processing personal location information, and the current status of disclosure thereof; |
| 7. | The current status of retention and destruction of personal location information and data verifying the collection, use, and provision of location information. |
| (2) | A periodic inspection of actual conditions under paragraph (1) shall be conducted by means, such as a written survey or on-site survey, and may be conducted electronically through the information and communications networks, email, etc. |
| (3) | Where the Korea Communications Commission conducts a periodic inspection of the actual conditions under paragraph (1), it shall notify in writing the person subject to the inspection of an inspection plan including the purpose, subject matters, method, period, etc. of the inspection not later than seven days prior to the commencement of the inspection: Provided, That notification may not be made if an emergency inspection is required due to the occurrence of an incident resulting in a breach of personal location information or the filing of a specific civil petition regarding a breach of personal location information. |
[This Article Newly Inserted on Apr. 19, 2022]
| Article 36 (Publication of Fact of Receiving Orders for Corrective Measures) |
| (1) | Where the Korea Communications Commission intends to order a person to publish the fact of receiving an order for corrective measures under Article 36-2 (1) of the Act, it shall specify the details, number, and medium of publications, the size of pages, etc. in consideration of the following: |
| 1. | Details and severity of violations; |
| 2. | The duration and frequency of violations. |
| (2) | Where the Korea Communications Commission intends to order a person to publish the fact of receiving an order for corrective measures under paragraph (1), it may require the person to have a prior consultation with the Korea Communications Commission regarding the draft, etc. |
| (3) | Except as provided in paragraphs (1) and (2), details necessary for publishing the fact of receiving an order for corrective measures shall be prescribed and publicly notified by the Korea Communications Commission. |
[This Article Newly Inserted on Apr. 19, 2022]
| Article 37 (Disclosure of Fact of Issuing Orders for Corrective Measures) |
| (1) | Where a person who has received an order for corrective measures under Article 36-2 (1) of the Act falls under any of the following cases, the Korea Communications Commission may disclose the fact of issuing an order for corrective measures under paragraph (2) of that Article: |
| 2. | Where he or she receives orders for corrective measures at least twice a year. |
| (2) | The disclosure of the fact of issuing corrective orders under paragraph (1) shall be made by posting it on the website of the Korea Communications Commission or in a general daily newspaper registered for nationwide circulation under Article 9 (1) of the Act on the Promotion of Newspapers. |
[This Article Newly Inserted on Apr. 19, 2022]
| Article 37-2 (Entrustment of Affairs) |
| 1. | Affairs for examination of the contents of technical and managerial measures and the preservation status of records under Article 16 (3) of the Act (limited to technical support affairs); |
[This Article Wholly Amended on Aug. 3, 2015]
| Article 37-3 (Processing of Personally Identifiable Information) |
| (1) | The Korea Communications Commission (including a person who is either delegated with authority, or entrusted with affairs, of the Korea Communications Commission pursuant to Article 38 of the Act) may, if inevitable to perform the following affairs, process the data containing resident registration numbers or alien registration numbers under the subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Aug. 6, 2014; Aug. 3, 2015; Oct. 16, 2018; Apr. 19, 2022> |
| 1. | Affairs concerning registration for, registration for change of, and reporting on change of, personal location information business under Article 5 of the Act; |
| 1-2. | Affairs concerning reporting on object location information business, and reporting on change thereof under Article 5-2 of the Act; |
| 2. | Affairs concerning verification of grounds for disqualification for executives under Article 6 of the Act; |
| 3. | Affairs concerning authorization of, or reporting on, takeover of location information business, and the merger, etc. of a corporation under Article 7 of the Act; |
| 4. | Affairs concerning approval for, or reporting on, the suspension or discontinuation of operations of location information business under Article 8 of the Act; |
| 5. | Affairs concerning reporting on, and reporting on change of, location-based service business under Article 9 of the Act; |
| 5-2. | Affairs concerning reporting on location-based service business by micro enterprises, etc., or reporting on change thereof under Article 9-2 of the Act; |
| 6. | Affairs concerning authorization of takeover of location-based service business, and the merger, etc. of a corporation under Article 10 of the Act; |
| 7. | Affairs concerning reporting on the suspension or discontinuation of operations of location-based service business under Article 11 of the Act; |
| 8. | Affairs concerning revocation of registration, suspension of business operations, etc. under Article 13 of the Act; |
| 11. | Affairs concerning extension of the time limit for payment of penalty surcharges and concerning payment in installments thereof, under Article 17 of the Act; |
| 12. | Affairs concerning demand for the submission of materials and concerning inspection, under Article 36 of the Act. |
[This Article Newly Inserted on Jan. 16, 2013]
| Article 38 (Criteria for Imposing Administrative Fines) |
[This Article Wholly Amended on Jul. 9, 2010]
| Article 39 (Administrative Data Matching) |
Where it is possible to verify information related to any accompanying documents through administrative data matching under Article 36 (1) of the Electronic Government Act, such verification shall be in lieu of the accompanying documents to be submitted pursuant to Articles 2 (2), 4 (2) and (4), 5-2, 6 (1) and (2), 6-3, 7 (1), 8, 9, 10, 11, and 12 (1). <Amended on Dec. 31, 2008; May 4, 2010; Nov. 2, 2010; Oct. 16, 2018; Apr. 19, 2022>
Applications and other forms referred to in the Act or this Decree shall be determined and publicly notified by the Korea Communications Commission.
[This Article Newly Inserted on Oct. 16, 2018]
ADDENDA <Presidential Decree No. 20670, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Relationship to Other Statutes or Regulations)
The references in other statutes or regulations to the previous “Enforcement Decree of the Act on the Protection and Use of Location Information” or “Enforcement Rule of the Act on the Protection and Use of Location Information”, or any provisions thereof as at the time when this Decree enters into force shall be deemed to refer to this Decree or the equivalent provisions in lieu of the previous provisions, where there are any equivalent provisions in this Decree.
ADDENDUM <Presidential Decree No. 21237, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on Aug. 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on Aug. 23, 2009.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22265, Jul. 9, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Administrative Dispositions)
| (1) | The previous provisions of this Decree shall apply to the standards for imposition of administrative dispositions (including the standards for imposition of penalty surcharges) against the violations committed before this Decree enters into force. |
| (2) | The administrative dispositions imposed due to the violations committed before this Decree enters into force shall not be counted in the number of violations under the amended provisions of attached Table 3. |
Article 3 (Transitional Measures concerning Administrative Fines)
| (1) | Where imposing administrative fines against the violations committed before this Decree enters into force, the previous provisions shall apply. |
| (2) | No administrative dispositions received due to the violations committed before this Decree enters into force shall be counted in the number of violations under the amended provisions of attached Table 5. |
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22742, Mar. 29, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23875, Jun. 25, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24179, Nov. 15, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24317, Jan. 16, 2013>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on Aug. 7, 2014.
ADDENDUM <Presidential Decree No. 26477, Aug. 3, 2015>
This Decree shall enter into force on Aug. 4, 2015.
ADDENDA <Presidential Decree No. 27933, Mar. 8, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Report on Takeover of Location-Based Service Business or Merger or Split-Off of Corporation)
Amended provisions of Article 11 (1) 2 and (3) 2 shall also apply to where location-based service business is taken over or a corporation of location-based service provider is merged or split off before this Presidential Decree enters into force, and a written report on such takeover or a written report on such merger or split-off is submitted. Article 3 (Transitional Measures concerning Period to Notify of Whether Location Information Business Is Permitted)
Notwithstanding the amended provisions of Article 2 (5), the previous provisions shall apply to an applicant who has filed a written application for permission for location information business under Article 2 (2) as at the time this Presidential Decree enters into force.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29236, Oct. 16, 2018>
This Decree shall enter into force on October 18, 2018.
ADDENDUM <Presidential Decree No. 29853, Jun. 11, 2019>
This Decree shall enter into force on June 25, 2019.
ADDENDA <Presidential Decree No. 31220, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 and 4 Omitted.
ADDENDA <Presidential Decree No. 31429, Feb. 2, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2021.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31453, Feb. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 32598, Apr. 19, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 20, 2022.
Article 2 (Transitional Measures concerning Documents Submitted When Applying for Approval for Suspension or Discontinuation of Personal Location Information Business)
The previous provisions shall apply to documents submitted by a person who filed an application for approval for suspension or discontinuation of personal location information business with the Korea Communications Commission under previous Article 7 (1) before this Decree enters into force, notwithstanding the amended provisions of Article 7 (1) 3. Article 3 Omitted.