TELECOMMUNICATIONS BUSINESS ACT
Wholly Amended by Act No. 10166, Mar. 22, 2010
Amended by Act No. 10656, May 19, 2011
Act No. 11201, Jan. 17, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12035, Aug. 13, 2013
Act No. 12216, Jan. 7, 2014
Act No. 12248, Jan. 14, 2014
Act No. 12761, Oct. 15, 2014
Act No. 13011, Jan. 20, 2015
Act No. 13518, Dec. 1, 2015
Act No. 13519, Dec. 1, 2015
Act No. 13823, Jan. 27, 2016
Act No. 14113, Mar. 29, 2016
Act No. 14576, Mar. 14, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15858, Dec. 11, 2018
Act No. 16019, Dec. 24, 2018
Act No. 16824, Dec. 10, 2019
Act No. 17359, jun. 9, 2020
Act No. 17460, jun. 9, 2020
Act No. 17347, jun. 9, 2020
Act No. 17352, jun. 9, 2020
Act No. 18451, Sep. 14, 2021
Act No. 18477, Oct. 19, 2021
Act No. 18869, jun. 10, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the promotion of public welfare by encouraging sound development of the telecommunications business and ensuring convenience to the users of the telecommunications business through proper management of such business and efficient operation of telecommunications.
The terms used in this Act are defined as follows: <Amended on May 19, 2011; Mar. 23, 2013; Aug. 13, 2013; Oct. 15, 2014; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020; Jun. 10, 2022>
| 1. | The term "telecommunications" means transmission or reception of code, text, sound, or images through wired, wireless, optical or other electromagnetic processes; |
| 2. | The term "telecommunications equipment" means machinery, appliances, and lines for telecommunications, and other equipment necessary for telecommunications; |
| 3. | The term "telecommunications line equipment" means equipment which constitutes communications channels between sending and receiving points for telecommunications among telecommunications equipment, and transmission and line, with exchange equipment installed as one body of the transmission and line equipment, and all equipment attached thereto; |
| 4. | The term "commercial telecommunications equipment" means telecommunications equipment to be provided for telecommunications business; |
| 5. | The term "private telecommunications equipment" means telecommunications equipment, other than commercial telecommunications equipment, installed by any individual to be used for his or her own telecommunications; |
| 6. | The term "telecommunications service" means mediating a third party's communications through telecommunications equipment or to provide telecommunications equipment for a third party's communications; |
| 7. | The term "telecommunications business" means the business of providing telecommunications services; |
| 8. | The term "telecommunications business operator" means a person that provides telecommunications services after filing for registration or filing a report (including cases exempt from reporting) under this Act; |
| 9. | The term "user" means a person who concludes a contract for using telecommunications services with a telecommunications business operator in order to receive telecommunications services; |
| 10. | The term "universal service" means any basic telecommunications service which any user may use at a reasonable fee, regardless of time and place; |
| 11. | The term "facilities-based telecommunications service" means any telecommunications service for transmitting or receiving voice, data, images, etc. without any change in the form or details thereof and for leasing telecommunications line equipment to enable transmission or reception of voice, data, images, etc., such as telephone services or Internet services: Provided, That this shall not include telecommunications services (referring to detailed independent services among telecommunications services provided under subparagraph 6; hereinafter the same shall apply) determined and publicly notified by the Minister of Science and ICT; |
| 12. | The term "value-added telecommunications service" means any telecommunications service, other than facilities-based telecommunications services; |
| 13. | The term "app market business operator" means a person who conducts business of registering and selling mobile contents, etc. and brokering transactions to ensure that users can purchase mobile contents, etc., among the business of providing value-added telecommunications services; |
| 14. | The term "special value-added telecommunications service" means any of the following services: |
| (b) | Value-added telecommunications services through which text messages are sent by directly or indirectly connecting a text-message-sending system to telecommunications equipment of a telecommunications business operator; |
| 15. | The term "telecommunications number" means any number by which communications networks, telecommunication services, areas, users, etc. can be classified and identified for providing or using telecommunication services. |
| Article 2-2 (Application to Conduct Committed Overseas) |
This Act shall apply to any conduct committed overseas if such conduct affects the Korean market or users in the market.
[This Article Newly Inserted on Dec. 24, 2018]
| Article 3 (Duties to Provide Services) |
| (1) | No telecommunications business operator may refuse to provide any telecommunications service, without good cause. |
| (2) | A telecommunications business operator shall perform his or her business in a fair, swift and accurate manner. |
| (3) | Fees for telecommunications services shall be reasonably determined so as to ensure the efficient development of the telecommunications business and to provide users with convenient and various telecommunications services fairly and inexpensively. |
| Article 4 (Provision of Universal Service) |
| (1) | Each telecommunications business operator shall have obligations to provide universal service or to compensate for losses incurred in relation thereto. |
| (2) | Notwithstanding paragraph (1), the Minister of Science and ICT may exempt any of the following telecommunications business operators from obligations: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | A telecommunications business operator prescribed by Presidential Decree, for whom the imposition of obligations under paragraph (1) is deemed inadequate in consideration of the nature of telecommunications services; |
| 2. | A telecommunications business operator whose telecommunications service sales do not exceed an amount determined by Presidential Decree within 1/100 of the total telecommunications service sales of all telecommunications business operators. |
| (3) | Details of universal service shall be determined by Presidential Decree in consideration of the following matters: |
| 1. | Level of the development of information and communications technology; |
| 2. | Level of the dissemination of telecommunications services; |
| 3. | Public interest and safety; |
| 4. | Promotion of social welfare; |
| 5. | Acceleration of informatization. |
| (4) | In order to provide universal service in an efficient and stable manner, the Minister of Science and ICT may designate a telecommunications business operator who provides universal service, in accordance with the standards and procedures prescribed by Presidential Decree, by taking into account the scope and quality of and fees for universal service, and the technical capability of the telecommunications business operator. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The Minister of Science and ICT may distribute the burden of compensation for losses incurred by providing universal service to telecommunications business operators, based on their sales, in accordance with methods and procedures prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | The Minister of Science and ICT may establish and operate an electronic information system (hereinafter referred to as "electronic information system") that can efficiently manage and utilize information related to universal service. <Newly Inserted on Oct. 19, 2021> |
| (7) | The Minister of Science and ICT may entrust affairs concerning the establishment and operation of the electronic information system to an institution prescribed by Presidential Decree. <Newly Inserted on Oct. 19, 2021> |
| (8) | Matters necessary for the establishment and operation of an electronic information system and the processing of information, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 19, 2021> |
| Article 4-2 (Telecommunications Relay Services for Persons with Disabilities) |
| (2) | A person who provides telecommunications relay services shall submit a plan for the provision of telecommunications relay services to the Minister of Science and ICT each fiscal year, within one month after the beginning of the relevant fiscal year. <Amended on Jul. 26, 2017> |
| (3) | No person who engages or engaged in telecommunications relay services shall disclose secrets of other people learned in the course of performing his or her duties. |
| (4) | The Minister of Science and ICT may provide necessary support, such as financial and technical support, to any of the following persons: <Amended on Jul. 26, 2017> |
| 1. | A facilities-based telecommunications business operator who provides telecommunications relay services directly or by entrustment; |
| 2. | A person who provides entrusted telecommunications relay services. |
| (5) | Details of the criteria, procedures, method, etc. for the designation of management institutions referred to in paragraph (1) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Aug. 13, 2013]
CHAPTER II TELECOMMUNICATIONS BUSINESS
SECTION 1 General Provisions
| Article 5 (Classification of Telecommunications Business) |
| (1) | Telecommunications business shall be classified into facilities-based telecommunications business and value-added telecommunications business. <Amended on Dec. 24, 2018> |
| (2) | Facilities-based telecommunications business shall provide facilities-based telecommunications services by installing or using telecommunications line equipment. <Amended on Dec. 24, 2018> |
| (3) | Value-added telecommunications business shall provide value-added telecommunications services. <Amended on Dec. 24, 2018> |
SECTION 2 Facilities-Based Telecommunications Business
| Article 6 (Registration of Facilities-Based Telecommunications Business) |
| (1) | A person who intends to operate the facilities-based telecommunications business shall file for registration (including registration through an information and telecommunications network) with the Minister of Science and ICT after satisfying the following requirements, as prescribed by Presidential Decree: Provided, That where a person uses ancillary facilities-based telecommunications services and imposes fees for use thereof as prescribed by Presidential Decree, while providing his or her own goods or services (the same shall apply where the usage fees are included in the price for such goods or services), he or she shall file a report on the facilities-based telecommunications business; and where a person who has filed a report on the business, provides other facilities-based telecommunications services, he or she shall file for registration under the main clause: <Amended on Dec. 24, 2018> |
| 1. | Financial and technical capabilities; |
| 2. | Plans for protecting users; |
| 3. | Business plans and other matters prescribed by Presidential Decree. |
| (2) | Where completing registration of the facilities-based telecommunications business under paragraph (1), the Minister of Science and ICT may place necessary conditions to facilitate fair competition, protect users, improve service quality, and efficiently utilize information and telecommunications resources. In such cases, details of such conditions shall be published in the Official Gazette or posted on the website. <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017; Dec. 24, 2018> |
| (3) | Only corporations shall file for registration prescribed in paragraph (1). <Amended on Oct. 15, 2014; Dec. 24, 2018> |
| (4) | The requirements and procedures for filing for registration under paragraph (1) or (2) and other necessary matters shall be determined by Presidential Decree. <Amended on Oct. 15, 2014; Dec. 24, 2018> |
[Title Amended on Dec. 24, 2018]
| Article 7 (Grounds for Disqualification from Filing for Registration) |
Where a person intending to operate the facilities-based telecommunications business, which meets the criteria prescribed by Presidential Decree for the type, installation area, etc. of telecommunications line equipment, falls under any of the following, such person shall not be permitted to file for registration of the facilities-based telecommunications business under Article 6 (1): <Amended on Dec. 24, 2018> | 1. | The State or local governments; |
| 2. | Foreign governments or foreign corporations; |
| 3. | A corporation, the shares of which are held by a foreign government or a foreign person in excess of the limitation on shareholding under Article 8 (1). |
[Title Amended on Dec. 24, 2018]
| Article 8 (Limitations on Shareholding by Foreign Governments or Foreign Persons) |
| (1) | A foreign government or foreign person may holds shares (excluding different classes of shares with no voting rights prescribed in Article 344-3 (1) of the Commercial Act, but including voting shares equivalents, such as security depositary receipts, and equity shares; hereinafter the same shall apply) of a facilities-based telecommunications business operator who meets the criteria prescribed by Presidential Decree for the type, installation area, etc. of telecommunications line equipment (referring to a person who has filed for registration under Article 6 (1) or has filed a report under the proviso of Article 6 (1); hereinafter the same shall apply) within 49/100 of the total number of the issued shares of the facilities-based telecommunications business operator, when aggregating all of such shares held by foreign governments or foreign persons. <Amended on Aug. 13, 2013; Dec. 24, 2018> |
| (2) | Notwithstanding paragraph (1), a corporation in which the government or a person (including affiliated persons referred to in subparagraph 6 (a) of Article 2 of the Act on Corporate Governance of Financial Companies; hereinafter the same shall apply) of the foreign country, a party to a free trade agreement determined and publicly notified by the Minister of Science and ICT from among bilateral or multilateral free trade agreements entered into and in effect between the Republic of Korea and foreign countries, is the largest shareholder (referring to the largest shareholder defined in subparagraph 6 (a) of Article 2 of the Act on Corporate Governance of Financial Companies; in such cases, "financial company" shall be construed as "corporation"; hereinafter the same shall apply) and at least 15/100 of the total number of the issued shares of which are held by such largest shareholder may hold more than 49/100 of the shares issued by a facilities-based telecommunications business operator under paragraph (1) but must not exercise voting rights attached to the shares held in excess of the threshold until it undergoes a public interest test under Article 10 (1) 4. <Newly Inserted on Oct. 19, 2021> |
| (3) | A corporation, in which a foreign government or a foreign person is the largest shareholder and at least 15/100 of the total number of the issued shares of which are held by such largest stockholder, shall be deemed a foreign person (hereinafter referred to as "corporation deemed a foreign person"). <Amended on Dec. 24, 2018; Oct. 19, 2021> |
| (4) | None of the following corporations shall be deemed a foreign person, even if it satisfies the requirements prescribed in paragraph (3): Provided, That the foregoing shall not apply to a foreign person referred to in Articles 10 (1) 3 and 86 (3): <Amended on Aug. 13, 2013; Jul. 26, 2017; Dec. 24, 2018; Oct. 19, 2021; Jun. 10, 2022> |
| 1. | Where a corporation holds less than 1/100 of the total number of the issued shares of a facilities-based telecommunications business operator under paragraph (1); |
| 2. | A corporation determined by the Minister of Science and ICT as having no risk of undermining the public interest based on a public interest test under Article 10 (1) 4. |
| (5) | Notwithstanding paragraph (4), where a corporation falling under subparagraph 2 of the that paragraph (limited to a corporation, the largest shareholder of which is the government or a person of a foreign country that is a member of the Convention on the Organization for Economic Cooperation and Development) holds or acquires the issued shares of any of the following facilities-based telecommunications business operators, such corporation shall be deemed a foreign person: <Newly Inserted on Jun. 10, 2022> |
| 1. | A facilities-based telecommunications business operator that falls under any of Article 10 (6) 1 through 3 as of January 1, 2021; |
| 2. | A facilities-based telecommunications business operator that is a subsidiary referred to in Article 342-2 of the Commercial Act and has succeeded to the rights and obligations of a facilities-based telecommunications business operator prescribed in subparagraph 1; |
| 3. | Other facilities-based telecommunications business operators determined and publicly notified by the Minister of Science and ICT that have succeeded to the rights and obligations of a facilities-based telecommunications business operator referred to in subparagraph 1 or 2 through the acquisition of the facilities-based telecommunications business or merger with the relevant corporation or by any other means. |
| Article 9 (Grounds for Disqualification as Executive Officers) |
| (1) | Any of the following persons shall be disqualified as an executive officer of any facilities-based telecommunications business operator under Article 8 (1): <Amended on Oct. 15, 2014; Dec. 24, 2018; Jun. 9, 2020> |
| 1. | A minor or a person under adult guardianship; |
| 2. | A person declared bankrupt but not yet reinstated; |
| 4. | A person who was sentenced to a suspended execution of imprisonment without labor or heavier punishment for violating this Act, etc. and is still under the period of suspension; |
| 5. | A person in whose case one year has not passed since he or she was sentenced to a fine for a violation of this Act, etc.; |
| 6. | A person in whose case three years have not passed since he or she became subject to a disposition to fully or partially revoke registration under Article 20 (1) or to an order to fully or partially close business under Article 27 (1). In cases of a corporation, "person" refers to a person who causes the revocation of registration or an order to close the business, and its representative. |
| (2) | Where any executive officer falls under any subparagraph of paragraph (1) or is found to fall under any subparagraph of paragraph (1) as at the time he or she is appointed as an executive officer, he or she shall duly resign from office. <Amended on Jun. 9, 2020> |
| (3) | No activity in which any executive officer has been involved prior to his or her resignation under paragraph (2) shall lose its legal effects. |
| Article 10 (Public Interest Tests of Acquisition of Shares of Facilities-Based Telecommunications Business Operators) |
| (1) | A Public Interest Test Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Ministry of Science and ICT in order to examine whether any of the following cases impairs public interests prescribed by Presidential Decree (hereinafter referred to as "public interest test"), such as national security, public safety, and maintenance of order: <Amended on Mar. 23, 2013; Aug. 13, 2013; Jul. 26, 2017; Dec. 24, 2018; Oct. 19, 2021; Jun. 10, 2022> |
| 1. | Where a person holds at least 15/100 of the total number of the issued shares of a facilities-based telecommunications business operator, including those shares held by affiliated persons defined in subparagraph 6 (a) of Article 2 of the Act on Corporate Governance of Financial Companies (hereinafter referred to as "affiliated persons"); |
| 2. | Where the largest shareholder of a facilities-based telecommunications business operator changes; |
| 3. | Where a facilities-based telecommunications business operator or any shareholder of a facilities-based telecommunications business operator concludes an agreement with a foreign government or a foreign person on important managerial matters prescribed by Presidential Decree, such as the appointment and dismissal of executive officers of the relevant facilities-based telecommunications business operator, and the transfer or acquisition of business; |
| 4. | Where a corporation deemed a foreign person in relation to a party to a free trade agreement determined and publicly notified by the Minister of Science and ICT, among bilateral or multilateral free trade agreements entered into and in effect between the Republic of Korea and foreign countries, or to a member of the Convention on the Organization for Economic Cooperation and Development holds more than 49/100 of the total number of the issued shares of a facilities-based telecommunications business operator under Article 8 (1); |
| 5. | Where any person who has de facto management rights for a facilities-based telecommunications business operator changes, as prescribed by Presidential Decree. |
| (2) | Where a facilities-based telecommunications business operator or any shareholder of a facilities-based telecommunications business operator falls under any subparagraph of paragraph (1), he or she shall report thereon to the Minister of Science and ICT within 30 days from the date such case occurs. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Where a facilities-based telecommunications business operator (including a person who intends to file a registration for the facilities-based telecommunications business; hereafter in this Article, the same shall apply) or any shareholder of a facilities-based telecommunications business operator falls within any subparagraph of paragraph (1), he or she may request the Minister of Science and ICT to conduct a public interest test before such case occurs. <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 19, 2021> |
| (4) | Where the Minister of Science and ICT receives a report under paragraph (2) or a request for testing under paragraph (3), he or she shall refer such matters to the Committee for deliberation. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | Where the Minister of Science and ICT deems, based on the results of a public interest test conducted under paragraph (1), that each case of the subparagraphs of paragraph (1) is likely to impair the public interest, he or she may issue an order to modify the details of the relevant agreement, to suspend the implementation of the agreement, to suspend the exercise of voting rights, or to sell relevant shares. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | The scope of facilities-based telecommunications business operators that shall report as required under paragraph (2) or may request a public interest test pursuant to paragraph (3) shall be as follows: <Amended on Aug. 13, 2013; Jul. 26, 2017; Dec. 24, 2018; Oct. 19, 2021; Jun. 10, 2022> |
| 1. | A facilities-based telecommunications business operator who operates and manages important communications referred to in Article 92 (2) 3; |
| 2. | A facilities-based telecommunications business operator who possess an artificial satellite on which a radio station providing space radio communication services, other than satellite broadcasting services, among radio stations under Article 20-2 (3) of the Radio Waves Act, is established; |
| 3. | A facilities-based telecommunications business operator designated and publicly notified by the Minister of Science and ICT as a facilities-based telecommunications business operator prescribed in Articles 35 (2) 1 and 3, 39 (3), 41 (3), and 42 (3); |
| 4. | A facilities-based telecommunications business operator referred to in Article 8 (1) who provides telecommunications services using the frequency allocated pursuant to the Radio Waves Act: Provided, That excluded herefrom shall be a facilities-based telecommunications business operator whose telecommunications service sales of the preceding year are less than an amount determined by Presidential Decree in consideration of the market situation, market share, etc.; |
| 5. | A facilities-based telecommunications business operator referred to in Article 8 (1) whose telecommunications service sales exceed an amount publicly notified by the Minister of Science and ICT in consideration of the market situation, market share, etc., from among facilities-based telecommunications business operators whose telecommunications service sales of the preceding year exceed 30 billion won. |
| 6. | A facilities-based telecommunications business operator, where a corporation deemed a foreign person in relation to a party to a free trade agreement determined and publicly notified by the Minister of Science and ICT, among bilateral or multilateral free trade agreements entered into and in effect between the Republic of Korea and foreign countries, or to a member of the Convention on the Organization for Economic Cooperation and Development holds more than 49/100 of the total number of the issued shares of the facilities-based telecommunications business operator under Article 8 (1). |
| (7) | Procedures for reporting required under paragraph (2), public interest tests conducted under paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Aug. 13, 2013> |
| Article 11 (Organization and Operation of Committee) |
| (1) | The Committee shall consist of not less than five but not more than 15 members, including one chairperson. <Amended on Aug. 13, 2013> |
| (2) | The chairperson of the Committee shall be appointed by the Minister of Science and ICT from among the Vice Ministers of the Science of ICT, and its members shall be commissioned by the chairperson from among public officials of Grade III of the relevant central administrative agencies prescribed by Presidential Decree, members in general service of the Senior Executive Service, and any of the following persons: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Persons who have extensive knowledge and career backgrounds in information and communications; |
| 2. | Persons recommended by Government-funded research institutes which are related to the national security, public safety, or maintenance of order; |
| 4. | Other persons deemed necessary by the chairperson. |
| (3) | The Committee may conduct investigations necessary for the public interest test, or request an interested party or a reference witness to provide necessary data. In such cases, the relevant interested party or reference witness shall comply with such request, without good cause. |
| (4) | Where deemed necessary, the Committee may require an interested party or a reference witness to appear at a Committee meeting and state his or her opinions. In such cases, the relevant interested party or reference witness shall appear at a Committee meeting, without good cause. |
| (5) | Matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
| Article 12 (Restrictions on Shareholders Holding Excess Shares) |
| (1) | Where a foreign government or a foreign person has acquired shares, in violation of Article 8 (1), such government or person shall not exercise the voting rights for the excess shares. |
| (2) | The Minister of Science and ICT may order a shareholder who has acquired shares, in violation of Article 8 (1); a facilities-based telecommunications business operator, the shares of which are held by such shareholder; or such shareholder of a corporation deemed a foreign person to correct the violation within a specified period of up to six months. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Any person in receipt of a corrective order under paragraph (2) shall correct the violation within a specified period. |
| (4) | Where a shareholder has acquired shares, in violation of Article 8 (1), the facilities-based telecommunications business operator may refuse to renew the register of shareholders or register of members to record such excess portion. |
| Article 13 (Charges for Compelling Compliance) |
| (1) | The Minister of Science and ICT may impose a charge for compelling compliance, on a person who has been subject to an order issued under Article 10 (5), 12 (2), or 18 (8) (hereinafter referred to as "corrective order") and fails to comply with such order within a specified period. In such cases, a charge for compelling compliance leviable daily shall not be more than 3/1000 of the purchase price of shares held by such person, but in cases not related with shareholding, it shall not exceed 100 million won. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A period for which charges for compelling compliance are imposed pursuant to paragraph (1) shall be from the date following the date the period prescribed by the corrective order expires until the date the corrective order is complied with. In such cases, charges for compelling compliance shall be imposed within 30 days from the date following the date the period prescribed by the corrective order expires unless there is a compelling reason not do so. |
| (3) | Article 53 (5) and (7) shall apply mutatis mutandis to additional charges for compelling compliance. <Amended on Oct. 15, 2014> |
| (4) | Matters necessary for the imposition, payment, refund, etc. of charges for compelling compliance shall be prescribed by Presidential Decree. |
| Article 14 (Issuance of Shares) |
Where a facilities-based telecommunications business operator issues shares, such shares shall be registered.
| Article 15 (Obligation to Commence Business) |
| (1) | A facilities-based telecommunications business operator shall commence the relevant business within one year from the date of registration (referring to the date a frequency is allocated if he or she intends to newly operate the facilities-based telecommunications business, using the frequency allocated under Article 10 of the Radio Waves Act). <Amended on Dec. 24, 2018> |
| (2) | Where the Minister of Science and ICT deems that a facilities-based telecommunications business operator is unable to start his or her business within the period specified in paragraph (1) due to a natural disaster or other extenuating circumstances, he or she may extend such period upon application by the facilities-based telecommunications business operator. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 10, 2022> |
| Article 16 (Modification of Registered Matters) |
| (1) | Where a facilities-based telecommunications business operator intends to modify important matters prescribed by Presidential Decree among the matters registered under Article 6, he or she shall file for registration of modification (including registration of modification through information and telecommunications networks) with the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018> |
| (2) | Articles 6 (2) and 15 shall apply mutatis mutandis to registration of modification under paragraph (1). <Amended on Oct. 15, 2014; Dec. 24, 2018> |
[Title Amended on Dec. 24, 2018]
| Article 17 (Concurrently Engaging in Other Business) |
| (1) | Where a facilities-based telecommunications business operator intends to engage in any of the following business, he or she shall obtain approval from the Minister of Science and ICT: Provided, That the foregoing shall not apply to a facilities-based telecommunications business operator whose telecommunications service sales of the preceding year do not exceed 30 billion won: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 10, 2022> |
| 1. | Communications equipment manufacturing business; |
| (2) | The Minister of Science and ICT shall grant approval prescribed in paragraph (1) if it is deemed that a facilities-based telecommunications business operator is unlikely to impede the management of the telecommunications business due to the management of the business prescribed in paragraph (1), and that it is necessary for the development of telecommunications. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 18 (Acquisition of Business and Merger of Corporations) |
| (1) | Any of the following persons shall obtain authorization from the Minister of Science and ICT as prescribed by Presidential Decree: Provided, That where the sales of the facilities-based telecommunications business of a person specified in subparagraph 1 for the preceding year are less than an amount prescribed by Presidential Decree; where the telecommunications service sales of any facilities-based telecommunications business operator specified in subparagraphs 2 through 6 for the preceding year are less than an amount prescribed by Presidential Decree; or where a person sells telecommunications line equipment, except major telecommunications line equipment prescribed by Presidential Decree, notwithstanding subparagraph 3, a report thereon shall be filed with the Minister of Science and ICT as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018; Jun. 10, 2022> |
| 1. | A person who intends to fully or partially acquire a facilities-based telecommunications business; |
| 2. | A person who intends to conduct a merger, division (limited to where the facilities-based telecommunications business is transferred following a division; hereafter in this Article and subparagraph 3 of Article 96, the same shall apply), or a merger after division (limited to where a divided corporate facilities-based telecommunications business operator is merged; hereafter in this Article and subparagraph 3 of Article 96, the same shall apply) of a corporate facilities-based telecommunications business operator; |
| 3. | A facilities-based telecommunications business operator who intends to sell the telecommunications line equipment necessary for providing registered facilities-based telecommunications services; |
| 4. | A person who intends to hold at least 15/100 of the total number of the issued shares of a facilities-based telecommunications business operator, or to become the largest shareholder of a facilities-based telecommunications business operator, including those shares held by affiliated persons; |
| 5. | A person who intends to acquire shares of a facilities-based telecommunications business operator or conclude an agreement with a facilities-based telecommunications business operator with the intent to exercise dominant influence over the right of the facilities-based telecommunications business operator to manage the business, as prescribed by Presidential Decree; |
| 6. | A facilities-based telecommunications business operator who intends to establish a corporation to partially provide registered facilities-based telecommunications services. |
| (2) | Where the Minister of Science and ICT intends to grant authorization prescribed in paragraph (1), he or she shall comprehensively examine the following matters: Provided, That where the impact of acquisition of the facilities-based telecommunications business or that of merger, etc. of corporations which are facilities-based telecommunications business operators on competition in the facilities-based telecommunications business is minor, part of the examination may be omitted: <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| 1. | Appropriateness of financial, technical, and managerial capabilities; |
| 2. | Appropriateness of the management of information and communications resources, such as frequencies and telecommunications numbers; |
| 3. | Impact on competition in the facilities-based telecommunications business; |
| 5. | Utilization of telecommunications equipment and communications networks, efficiency of research and development, and influence over public benefits, such as international competitiveness of the telecommunications industry. |
| (3) | Matters necessary for detailed criteria for examination for each subject matter and procedures for examination prescribed in paragraph (2) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Any of the following persons shall succeed to the status of the relevant facilities-based telecommunications business operator which is related to registration: <Amended on Dec. 24, 2018; Jun. 10, 2022> |
| 1. | A corporation which acquires the facilities-based telecommunications business by obtaining authorization or filing a report under paragraph (1) 1; |
| 2. | The following corporations in cases of a merger, division, or merger after division, by obtaining authorization or filing a report under paragraph (1) 2: |
| (a) | A corporation that survives a merger or is established following a merger; |
| (b) | A corporation that is established following a division; |
| (c) | A corporation that survives a merger after division or is established following a merger after division; |
| 3. | A corporation which is established to partially provide facilities-based telecommunications services by obtaining authorization or filing a report under paragraph (1) 6. |
| (5) | The Minister of Science and ICT may place conditions provided for in Article 6 (2) when granting authorization under paragraph (1). <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017; Dec. 24, 2018> |
| (6) | The Minister of Science and ICT shall consult with the Fair Trade Commission when he or she intends to grant authorization under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (7) | Article 7 shall apply mutatis mutandis to the grounds for disqualification of authorization prescribed in paragraph (1). |
| (8) | Where a person falling under paragraph (1) 4 or 5 fails to obtain authorization under paragraph (1), the Minister of Science and ICT may order him or her to suspend the exercise of the voting right or to sell the relevant shares, and where such person fails to comply with the conditions prescribed in paragraph (5), he or she may order him or her to comply with such conditions within a specified period. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (9) | Any person who intends to obtain authorization under paragraph (1) shall be prohibited from engaging in the following conduct, prior to obtaining such authorization: <Amended on Jun. 10, 2022> |
| 1. | Integration of telecommunications networks; |
| 2. | Appointment of executive officers; |
| 3. | Acquisition of business, or execution of agreements for the merger of corporations, division of a corporation, or merger after division or for the sale of equipment; |
| 4. | Follow-up measures on incorporating a company. |
| (10) | Where any person falling under any subparagraph of paragraph (1) is subject to a public interest test, he or she may present documents required to be submitted for a public interest test, when applying for authorization granted under paragraph (1). |
| (11) | Cases where the effect on competition in the facilities-based telecommunications business is insignificant under the proviso of paragraph (2) and matters necessary for the procedures for omission of an examination shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 15, 2014> |
| Article 19 (Suspension or Closure of Business) |
| (1) | Where a facilities-based telecommunications business operator intends to fully or partially suspend or close his or her facilities-based telecommunications business, he or she shall notify users no later than 60 days before the scheduled date of such business suspension or closure, and shall obtain approval therefor from the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That a facilities-based telecommunications business operator whose telecommunications service sales of the preceding year are less than an amount prescribed by Presidential Decree shall report thereon to the Minister of Science and ICT (including reporting through information and telecommunications networks). <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020> |
| (2) | Where the Minister of Science and ICT deems it necessary to protect users in a separate means due to the suspension or closure of a facilities-based telecommunications business, he or she may order the relevant facilities-based telecommunications business operator to take necessary measures to protect users, such as service for changing subscription on behalf of customers, payment of expenses incurred in relation thereto, or cancellation of subscription. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | Where the Minister of Science and ICT receives an application for approval under paragraph (1), he or she shall grant approval except in any of the following cases: <Amended on Oct. 15, 2014; Jul. 26, 2017; Jun. 9, 2020> |
| 1. | Where there is any defect in a required document prescribed by Presidential Decree, such as the details of business and a map of the area of business intended to be suspended or closed; |
| 2. | Where the notice of a plan for business suspension or closure to users is deemed inappropriate; |
| 3. | Where it is anticipated that the business suspension or closure would incur significant loss to users because of insufficiency of a plan for protection of users and the implementation thereof; |
| 4. | Where it is deemed necessary to continue the relevant facilities-based telecommunications business to cope in time of war, the state of hostilities, or the state of national emergency corresponding thereto or to prevent or cope with a serious disaster. |
[Title Amended on Jun. 9, 2020]
| Article 20 (Revocation of Registration) |
| (1) | Where a facilities-based telecommunications business operator falls under any of the following cases, the Minister of Science and ICT may fully or partially revoke his or her registration or order him or her to fully or partially suspend his or her business for up to one year: Provided, That if he or she falls under subparagraph 1, the registration shall be fully or partially revoked: <Amended on Mar. 23, 2013; Oct. 15, 2014; Jan. 27, 2016; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020> |
| 1. | Where he or she files for registration by fraud or other improper means; |
| 2. | Where he or she fails to fulfill the conditions prescribed in Articles 6 (2) and 18 (5); |
| 3. | Where he or she fails to comply with an order issued under Article 12 (2); |
| 4. | Where he or she fails to commence business within a period prescribed by Article 15 (1) (referring to an extended period, if such period is extended under paragraph (2) of the same Article); |
| 4-2. | Where he or she fails to provide facilities-based telecommunications services continuously for a period longer than that prescribed by Presidential Decree without obtaining approval under Article 19 (1); |
| 5. | Where he or she fails to comply with the terms and conditions of use, which are reported under Article 28 (1); |
| 6. | Where he or she fails to comply with a corrective order issued under Article 92 (1) without good cause. |
| (2) | The criteria and procedure for the actions under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where registration is fully or partially revoked or business operations are fully or partially suspended under paragraph (1), an order to take necessary measures to protect users may be issued under Article 19 (2). <Newly Inserted on Oct. 15, 2014; Dec. 24, 2018> |
[Title Amended on Dec. 24, 2018]
SECTION 3 Value-Added Telecommunications Business
| Article 21 Deleted. <Dec. 24, 2018> |
| Article 22 (Reporting of Value-Added Telecommunications Business) |
| (1) | A person who intends to operate the value-added telecommunications business shall report thereon (including cases of reporting through information and telecommunications networks) to the Minister of Science and ICT, in accordance with conditions and procedures prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| (2) | Notwithstanding paragraph (1), a person who intends to manage the business of providing a special type of value-added telecommunications services shall file for registration (including registration through information and communications networks) with the Minister of Science and ICT along with the following: <Newly Inserted on May 19, 2011; Mar. 23, 2013; Oct. 15, 2014; Dec. 1, 2015; Jul. 26, 2017; Jun. 9, 2020; Jun. 10, 2022> |
| 1-2. | An implementation plan to take technical measures to prevent the false caller's phone number by forgery, etc. (limited to persons providing services that fall under subparagraph 14 (b) of Article 2); |
| 2. | Human resources and physical facilities necessary for performing duties; |
| 4. | Other matters prescribed by Presidential Decree, such as a business plan. |
| (3) | Where the Minister of Science and ICT accepts registration of the value-added telecommunications business pursuant to paragraph (2), he or she may attach conditions necessary for the implementation of a plan prescribed in subparagraph 1 or 1-2 of the same paragraph thereto. <Newly Inserted on May 19, 2011; Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| (4) | Notwithstanding paragraph (1), any of the following persons shall be deemed to have filed a report on the value-added telecommunications business: <Amended on Oct. 15, 2014> |
| 1. | A person who intends to operate the small-scale value-added telecommunications business, the capital of which falls under the criteria prescribed by Presidential Decree; |
| 2. | A facilities-based telecommunications business operator who intends to operate the value-added telecommunications business. |
| (5) | A person who has filed a report on the value-added telecommunications business pursuant to paragraph (1) and a person who has filed for registration of the value-added telecommunications business pursuant to paragraph (2) shall commence business within one year after he or she filed a report on, or filed for registration of, such business. <Amended on May 19, 2011; Oct. 15, 2014> |
| (6) | Upon receipt of a report on a value-added telecommunications business under paragraph (1) from a person who intends to manage the business of providing online video services, the Minister of Science and ICT shall notify the Minister of Culture, Sports and Tourism and the Korea Communications Commission thereof within three months from receipt of such report. The foregoing shall also apply where a report on modification under Article 23 or a report on transfer or acquisition, etc. of business under Article 24 is received. <Newly Inserted on Jun. 10, 2022> |
| (7) | A report filed under paragraph (1), requirements and procedures for filing for registration under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on May 19, 2011; Oct. 15, 2014; Jun. 10, 2022> |
| Article 22-2 (Grounds for Disqualifications for Registration) |
An individual or corporation, in whose case three years have not passed from the date on which the registration thereof is revoked pursuant to Article 27 (1), or a person who is the large shareholder (referring to an investor prescribed by Presidential Decree) of such corporation as at the time such revocation is made shall not file for registration under Article 22 (2). <Amended on Dec. 24, 2018> [This Article Newly Inserted on May 19, 2011]
| Article 22-3 (Technical Measures of Special Value-Added Telecommunications Business Operators) |
| (1) | A person filing for registration of special value-added telecommunications business pursuant to Article 22 (2) (hereinafter referred to as "special value-added telecommunications business operator") who falls under subparagraph 14 (a) of Article 2 shall take the following technical measures: <Amended on Dec. 1, 2015; Jun. 9, 2020> |
| (2) | No person shall, without legitimate authority, incapacitate the technical measures referred to in paragraph (1) by intent or negligence by means of removal, alteration, detour, etc.: Provided, That the same shall not apply in any of the following cases: |
| 1. | Where such incapacitation is necessary for a central administrative agency or local government to legitimately perform its duties; |
| (3) | A special value-added telecommunications business operator (limited to a person providing services falling under subparagraph 14 (a) of Article 2) shall ensure that the status of the operation and management of technical measures referred to in paragraph (1) is automatically recorded in a system and shall retain the record for a period prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (4) | The Minister of Science and ICT or the Korea Communications Commission may, depending on the affairs under his or her or its jurisdiction, require its public officials to inspect the status of the operation and management of technical measures referred to in paragraph (1) or may order a special value-added telecommunications business operator to submit necessary data, such as records referred to in paragraph (3). In such cases, Article 51 shall apply mutatis mutandis to the procedures and methods for conducting an inspection. <Amended on Dec. 1, 2015; Jul. 26, 2017> |
| (5) | No person shall impair, counterfeit, or alter any record referred to in paragraph (3) without legitimate authority. <Newly Inserted on Dec. 1, 2015> |
| (6) | Where a special value-added telecommunications business operator (limited to a person providing services defined in subparagraph 14 (a) of Article 2) entrusts a third party with taking technical measures under paragraph (1) or taking technical and managerial measures under Article 22-5 (2), he or she shall not hold shares or a stake in the relevant entrustee. <Newly Inserted on Jun. 9, 2020> |
[This Article Newly Inserted on Oct. 15, 2014]
| Article 22-4 (Value-Added Telecommunications Services Requiring Reporting on Fees) |
| (1) | A telecommunications business operator who provides value-added communications services referred to in subparagraph 14 (b) of Article 2 shall report the fees for the relevant services (including a report on modification thereof; hereafter the same shall apply in this Article) to the Minister of Science and ICT: Provided, That excluded herefrom shall be any telecommunications business operator whose sales of the relevant value-added services are less than the amount determined and publicly notified by the Minister of Science and ICT, taking into account the market situation, market share, etc. <Amended on Jul. 26, 2017; Jun. 9, 2020> |
| (2) | A telecommunications business operator shall disclose the matters reported under paragraph (1). |
| (3) | Procedures for and methods of reporting under paragraph (1) and disclosure under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 22-5 (Prevention of Circulation of Illegal Filmed Materials by Value-Added Telecommunications Business Operators) |
| (1) | Where a person who has filed a report on the value-added telecommunications business pursuant to Article 22 (1) (including persons falling under any subparagraph of Article 22 (4)) or a special value-added telecommunications business operator who falls under subparagraph 14 (a) of Article 2 (hereinafter referred to as "business operator obliged to take measures") recognizes, through a report, a request for deletion, a request by institutions or organizations prescribed by Presidential Decree, etc., the circumstances where the following information (hereinafter referred to as "illegal filmed materials, etc.") is circulated, among the information made available to the public and circulated through the information and telecommunications networks he or she operates and manages, the person shall, without delay, take measures necessary to prevent the circulation of the relevant information, such as deleting the information and blocking access thereto: <Amended on Jun. 9, 2020> |
| 3. | Child or youth sexual exploitation materials under subparagraph 5 of Article 2 of the Act on the Protection of Children and Youth against Sexual Offenses. |
| (2) | A business operator obliged to take measures prescribed by Presidential Decree, in consideration of the type of telecommunications services, scale of business, etc., shall take technical and managerial measures prescribed by Presidential Decree to prevent the circulation of illegal filmed materials, etc. <Newly Inserted on Jun. 9, 2020> |
| (3) | No person shall, without legitimate authority, incapacitate the technical measures under paragraph (2) by intent or negligence by means of removal, alteration, detour, etc.: Provided, That the same shall not apply in any of the following cases: <Newly Inserted on Jun. 9, 2020> |
| 1. | Where such incapacitation is necessary for a central administrative agency or local government to legitimately perform its duties; |
| (4) | A business operator obliged to take measures who has to take technical and managerial measures pursuant to paragraph (2) shall ensure that the status of the operation and management of technical measures under paragraph (2) is automatically recorded in a system and shall retain the record for a period prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020> |
| (5) | The Korea Communications Commission may require its public officials to inspect the status of operation and management of the measures under paragraph (1) or (2) or may order a business operator obliged to take measures to submit necessary data. In such cases, Article 51 shall apply mutatis mutandis to the procedures and methods for conducting an inspection. <Newly Inserted on Jun. 9, 2020> |
| (6) | No person shall impair, counterfeit, or alter any record referred to in paragraph (4) without legitimate authority. <Newly Inserted on Jun. 9, 2020> |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 22-6 (Imposition of Penalty Surcharges for Failure to Take Measures to Prevent Circulation) |
| (1) | The Korea Communications Commission may impose a penalty surcharge in an amount not exceeding 3/100 of the sales prescribed by Presidential Decree on a person who intentionally fails to take measures necessary for the prevention of circulation, such as deleting illegal filmed materials, etc. and blocking access thereto under Article 22-5 (1). |
| (2) | Where a business operator obligated to take measures refuses to submit materials for the calculation of sales or submits any false materials, the Korea Communications Commission may estimate the sales based on the financial statements and other accounting data of the relevant business operator obligated to take measures and the business operators providing the same or similar types of services, and data concerning the current status of business operations, such as the number of subscribers and service charges: Provided, That where there are no sales or it is impracticable to calculate the sales, as prescribed by Presidential Decree, a penalty surcharge may be imposed in an amount not exceeding one billion won. |
| (3) | Detailed standards for imposing penalty surcharges under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | Article 53 (5) through (9) shall apply mutatis mutandis to additional dues, demands, and collection of penalty surcharges, and additional payment on refund under paragraphs (1) and (2). |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 22-7 (Securing Service Stability by Value-Added Telecommunications Business Operators) |
A value-added telecommunications business operator who meets the standards prescribed by Presidential Decree, such as the number of users and the volume of traffic, shall take necessary measures prescribed by Presidential Decree, such as securing the means of service stability and dealing with user requests, in order to provide users with convenient and stable telecommunications services.
[This Article Newly Inserted on Jun. 9, 2020]
| Article 22-8 (Designation of Domestic Agents) |
| (1) | A value-added telecommunications business operator without a domicile or place of business in the Republic of Korea who meets the standards prescribed in Article 22-7 shall designate in writing a person who acts on his or her behalf with respect to the following matters (hereinafter referred to as "domestic agent"): |
| 2. | Implementation of an order to submit data under the latter part of Article 32 (2). |
| (2) | A domestic agent shall have a domicile or place of business in the Republic of Korea; in such cases, where any of the following corporations exists, a value-added telecommunications business operator that is required to designate a domestic agent pursuant to paragraph (1) shall designate a person selected from among such corporations as a domestic agent: <Amended on Jun. 10, 2022> |
| 1. | A domestic corporation established by a value-added telecommunications business operator that is required to designate a domestic agent pursuant to paragraph (1); |
| 2. | A domestic corporation, over which a value-added telecommunications business operator that is required to designate a domestic agent pursuant to paragraph (1), exercises dominant influence in terms of the composition of executive officers, the operation of the business, and other relevant matters. |
| (3) | Where a domestic agent violates this Act in relation to the subparagraphs of paragraph (1), such violation shall be deemed to have been committed by the value-added telecommunications business operator who designated the relevant domestic agent. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 22-9 (Obligations of App Market Business Operators and Fact-Finding Surveys) |
| (1) | An app market business operator shall prevent any damage to users and protect the rights and interests of users, as prescribed by Presidential Decree, by such means as stipulating matters concerning the settlement of payment and refund for mobile contents, etc. in its terms of use. |
| (2) | The Minister of Science and ICT or the Korea Communications Commission may conduct fact-finding investigations on the operation of app markets of app marketing business operators, as prescribed by Presidential Decree, if necessary for the protection, etc. of persons (hereinafter referred to as "mobile content, etc. provider") who provide mobile content, etc. to register and sell mobile content, etc. at a space that intermediates the trade of mobile content, etc. (hereinafter referred to as "app market"). |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 23 (Modification to Registered or Reported Matters) |
Where any person who has filed a report on the value-added telecommunications business pursuant to Article 22 (1) or any person who has filed for registration of the value-added telecommunications business pursuant to 22 (2) intends to modify matters prescribed by Presidential Decree among registered or reported matters, he or she shall file for registration of modification or file a report on modification (including cases of filing for registration of modification or filing a report on modification through information and telecommunications networks) with or to the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended on May 19, 2011; Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017; Dec. 24, 2018>
| Article 24 (Transfer and Acquisition of Business) |
Where any person transfers or acquires all or part of the value-added telecommunications business or where a corporate value-added telecommunications business operator (referring to a person who has filed a report on the value-added telecommunications business pursuant to Article 22 (1), a person who has filed for registration of the value-added telecommunications business pursuant to Article 22 (2) or a person deemed to have filed a report on the value-added telecommunications business pursuant to Article 22 (4); hereinafter the same shall apply) is merged with another corporation or comes into an inheritance, any of the following persons shall report thereon (including cases of reporting through information and telecommunications networks) to the Minister of Science and ICT, in accordance with conditions and procedures prescribed by Presidential Decree: Provided, That the same shall not apply to a person deemed to have filed for a report on the value-added telecommunications business under Article 22 (4) for reasons of the transfer or acquisition of all or part of the value-added telecommunications business or the merger or inheritance of a value-added telecommunications business operator which is a corporation: <Amended on May 19, 2011; Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017; Dec. 24, 2018> | 1. | A person who acquires the relevant business; |
| 2. | A corporation that survives the merger or is established following the merger; |
| 3. | A person who inherits the relevant business. |
| Article 25 (Succession to Business) |
Where any person transfers or acquires the value-added telecommunications business, a corporate value-added telecommunications business operator merges with another corporation, or any person inherits the value-added telecommunications business, pursuant to Article 24, any of the following persons shall succeed to the status of the preceding value-added telecommunications business operator: <Amended on Dec. 24, 2018> | 1. | A person who acquires the relevant business; |
| 2. | A corporation that survives the merger or is established following the merger; |
| 3. | A person who inherits the relevant business. |
| Article 26 (Suspension or Closure of Business) |
| (1) | Where a value-added telecommunications business operator intends to fully or partially suspend or close his or her business, he or she shall notify users of the relevant telecommunications services of such business suspension or closure, and shall report (including cases of reporting through information and telecommunications networks) thereon to the Minister of Science and ICT no later than 30 days prior to the scheduled date of such suspension or discontinuation. In such cases, the duration of business suspension shall not exceed one year. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020> |
| (2) | Where a corporate value-added telecommunications business operator is dissolved for a reason other than a merger, the relevant liquidator (referring to the trustee in bankruptcy, where such corporate business operator is dissolved by bankruptcy) shall report thereon (including cases of reporting through information and telecommunications networks) to the Minister of Science and ICT without delay. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018> |
[Title Amended on Jun. 9, 2020]
| Article 27 (Revocation of Business Registration and Order to Close Business) |
| (1) | Where a value-added telecommunications business operator falls under any of the following, the Minister of Science and ICT may order him or her to fully or partially close his or her business (in cases of a special value-added telecommunications business operator, referring to the full or partial revocation of registration) or to suspend all or part of his or her business for up to one year: Provided, That in cases falling under subparagraph 1, the Minister of Science and ICT shall issue an order to fully or partially close his or her business: <Amended on May 19, 2011; Mar. 23, 2013; Oct. 15, 2014; Jan. 27, 2016; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020; Jun. 10, 2022> |
| 1. | Where he or she files a report on or files for registration of such business by fraud or other improper means; |
| 2. | Where he or she fails to fulfill the conditions prescribed in Article 22 (3); |
| 3. | Where he or she fails to commence the relevant business within one year from the date he or she files a report on, or files for registration of, such business, in violation of Article 22 (5), or where he or she suspends his or her business for at least one year, in violation of the latter part of Article 26 (1); |
| 3-2. | Where the Korea Communications Commission requests such order, as he or she has failed to take technical measures under Article 22-3 (1); |
| 3-3. | Where the Korea Communications Commission requests such order, as he or she has owned shares or a stake, in violation of Article 22-3 (6); |
| 3-4. | Where the Korea Communications Commission requests such order, as he or she has failed to take measures necessary for the prevention of circulation, such as deleting illegal filmed materials, etc. or blocking access thereto, pursuant to Article 22-5 (1); |
| 3-5. | Where the Korea Communications Commission requests such order, as he or she has failed to take technical and managerial measures under Article 22-5 (2); |
| 4. | Where he or she fails to comply with an order issued under Article 92 (1) without good cause; |
| 6. | Where a person subject to the disposition of an administrative fine at least three times pursuant to Article 142 (1) and (2) 3 of the Copyright Act is subject to the disposition of an administrative fine again, for whom the Minister of Culture, Sports, and Tourism requests such disposition following deliberations by the Korea Copyright Commission prescribed in Article 112 of the same Act. |
| (2) | Criteria, procedures and other matters necessary for the dispositions rendered under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 24, 2018> |
[Title Amended on Jun. 9, 2020]
CHAPTER III TELECOMMUNICATIONS SERVICES
| Article 28 (Reporting on Terms and Conditions of Use) |
| (1) | A facilities-based telecommunications business operator whose telecommunications service sales of the preceding year reach or exceed an amount prescribed by Presidential Decree shall determine service charges and the terms and conditions of use for each service type he or she intends to provide (hereinafter referred to as "terms and conditions of use"), and shall file a report thereon (including a report on modification; hereafter the same shall apply in this Article) to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018> |
| (2) | The Minister of Science and ICT shall issue a certificate of report until the day following the date of receipt of a report under paragraph (1): Provided, That he or she shall issue the certificate of report until the day following the date prescribed in the following subparagraphs: <Amended on Jun. 9, 2020> |
| 1. | Where a request for supplementation is made pursuant to paragraph (3): The date the supplementation is completed; |
| 2. | Where the terms and conditions of use for which a report thereon has been filed are the terms and conditions of use for the relevant telecommunications services of a facilities-based telecommunications business operator designated and publicly notified pursuant to Article 34 (4): The date it is determined not to return the report; |
| (3) | If deemed necessary to supplement a report under paragraph (1) due to the omission, etc. of matters to be included in the terms and conditions of use prescribed by Presidential Decree and materials submitted pursuant to paragraph (5), the Minister of Science and ICT shall request the supplementation for a specified period of up to seven days from the date of receipt of the report. <Amended on Jun. 9, 2020> |
| (4) | Notwithstanding paragraph (1), where the terms and conditions of use for which a report thereon has been filed are the terms and conditions of use for the relevant telecommunications services of a facilities-based telecommunications business operator designated and publicly notified pursuant to Article 34 (4) and if the Minister of Science and ICT deems that the terms and conditions of use fall under any of the following cases, he or she may return the relevant report within 15 days from the date of receipt of the report (referring to the date the supplementation is completed, where a request for supplementation is made under paragraph (3)): Provided, That the same shall not apply to the reduction of charges for each service included in the terms and conditions of use already reported or the modification of minor matters prescribed by Presidential Decree: <Newly Inserted on Jun. 9, 2020> |
| 1. | Where it is deemed that users’ interests are highly likely to be undermined, such as treating certain users in an unfairly discriminative manner depending on telecommunications service charges, the terms and conditions of use thereof, etc.; |
| 2. | Where it is deemed that fair competition is highly likely to be undermined, such as providing telecommunications services at unfair charges, compared to the prices for wholesale provision to other telecommunications business operators under Article 38 (1). |
| (5) | A person who intends to report on the terms and conditions of use of telecommunications services under paragraph (1) shall submit to the Minister of Science and ICT materials stating the basis for calculating telecommunications service charges (in cases of any modification, including a comparative table on matters before or after the modification), including subscription expenses, basic rates, usage fees, additional service charges, and actual expenses. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the procedures for reporting, detailed criteria for return, etc. shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 29 (Exemptions or Reduction in Fees) |
A facilities-based telecommunications business operator may reduce or exempt telecommunications service charges, as prescribed by Presidential Decree, if necessary for public interests, such as national security, disaster relief, and social welfare: Provided, That this shall not apply to any facilities-based telecommunications business operator whose telecommunications service sales of the preceding year are less than an amount prescribed by Presidential Decree. <Amended on Dec. 24, 2018; Jun. 9, 2020>
| Article 30 (Restrictions on Use by Third Parties) |
No person shall mediate a third party's communications through telecommunications services provided by a telecommunications business operator or provide such services for a third party's communications: Provided, That the same shall not apply in the following cases:
| 1. | Where it is required to ensure the prevention and rescue from disaster, traffic and communications, and the supply of electricity, and to maintain order in a national emergency situation; |
| 2. | Where a person renders ancillary telecommunications services to clients while operating his or her business other than the telecommunications business; |
| 3. | Where a person is allowed to use telecommunications services on a trial basis for the purpose of developing and marketing telecommunications equipment, such as terminal devices, with which telecommunications services can be used; |
| 4. | Where any user allows any third party to use telecommunications services to the extent that the latter does not use them repeatedly; |
| 5. | Where it is necessary for the public interest or where the use of telecommunications services does not impede the business operations by telecommunications business, as prescribed by Presidential Decree. |
| Article 31 (Use of Transmission and Line Equipment) |
| (1) | Any composite cable TV business operator, transmission network business operator, or relay cable broadcasting business operator under the Broadcasting Act may permit facilities-based telecommunications business operators to use his or her own transmission and line equipment or cable broadcasting equipment in a manner prescribed by Presidential Decree. |
| (2) | Where a facilities-based telecommunications business operator intends to provide value-added telecommunications services by using transmission and line equipment or cable broadcasting equipment owned by any composite cable TV business operator, transmission network business operator, or relay cable broadcasting business operator under the Broadcasting Act, he or she shall report thereon to the Minister of Science and ICT pursuant to Article 22 (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Articles 35 through 37, and 39 through 55 shall apply mutatis mutandis to permission to use transmission and line equipment or cable broadcasting equipment under paragraph (1). |
| Article 32 (Protection of Users) |
| (1) | A telecommunications business operator shall strive to prevent any loss to users and shall immediately handle the reasonable opinions or dissatisfactions raised by users with respect to telecommunications services. In such cases, if it is impracticable to immediately handle them, he or she shall notify the users of the grounds therefor and the schedule for handling. <Amended on Oct. 15, 2014> |
| (2) | After appraising the affairs related to the protection of users prescribed in paragraph (1), the Korea Communications Commission may disclose the findings thereof. In such cases, the Korea Communications Commission may order a telecommunications business operator to submit data necessary for the evaluation. <Amended on Oct. 15, 2014> |
| (3) | Each telecommunications business operator prescribed by Presidential Decree, taking into consideration the type of telecommunication services, scale of business, protection of users, etc. shall send a copy of the relevant contract to the user in writing or through information and communications networks, as prescribed by Presidential Decree, where he or she enters into a contract with a user on the use of telecommunication services (including the modification of terms and conditions of the concluded contract). <Newly Inserted on Oct. 15, 2014> |
| (4) | Where a telecommunications business operator who provides facilities-based telecommunications services intends to engage in the business of providing telecommunications services after receiving service charges from users in advance (hereinafter referred to as "prepaid calling services"), he or she shall subscribe to a guarantee insurance policy by which a person designated by the Minister of Science and ICT is insured and which covers an amount calculated according to criteria prescribed by Presidential Decree within the total amount of advance service charges so as to compensate for losses suffered by users due to a failure to provide such telecommunications services: Provided, That a telecommunications business operator need not subscribe to a guarantee insurance policy in cases prescribed by Presidential Decree, in consideration of the financial capability of the relevant telecommunications business operator, service charges, etc. <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017; Jun. 9, 2020> |
| (5) | A telecommunications business operator who intends to provide prepaid calling services (excluding a telecommunications business operator falling under the proviso of paragraph (4)) shall comply with the following standards: <Newly Inserted on Jun. 9, 2020> |
| 1. | He or she shall not issue prepaid calling cards in excess of the total amount of prepaid calling charges guaranteed by a guarantee insurance policy; |
| 2. | He or she shall provide prepaid calling services within the insurance period of a guarantee insurance. |
| (6) | Any insured person designated under paragraph (4) shall pay the amount of coverage provided under a guarantee insurance policy referred to in paragraph (4) to users, etc. who are unable to receive telecommunications services after pre-paying service charges. <Amended on Oct. 15, 2014; Jun. 9, 2020> |
| (7) | Matters necessary for the subject matters of and standards and procedures for evaluation related to protection of users, utilization of findings of evaluation, procedures for sending copies of contracts, subscription to guarantee insurance policies, renewal of guarantee insurance, procedures for paying insurance proceeds, etc. under paragraphs (2) through (6) shall be prescribed by Presidential Decree. <Amended on Oct. 15, 2014; Jun. 9, 2020> |
| Article 32-2 (Notification of Excess of Limits on Charges) |
| (1) | In any of the following cases, any telecommunications business operator who uses frequencies allocated pursuant to the Radio Waves Act shall notify users of such fact: |
| 1. | Where a charge for each telecommunications service on which a user agreed at the beginning exceeds the limit; |
| 2. | Where a charge is imposed following the use of international telecommunications service, such as international telephone service. |
| (2) | Matters necessary for objects, methods, etc. of a notification under paragraph (1) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 17, 2012]
| Article 32-3 (Restrictions on Provision of Telecommunications Services) |
| (1) | If any of the following requests is received from the head of a related administrative agency, the Minister of Science and ICT may order a telecommunications business operator to suspend the provision of telecommunication services for the relevant telecommunications number (including any telecommunications numbers of the incoming line connected to the number) for a period between one and three years: <Amended on Jan. 27, 2016; Jul. 26, 2017; Dec. 11, 2018; Jun. 10, 2022> |
| 5. | A request to suspend the provision of telecommunications services, due to a violation of Article 32-4 (1) (limited to where the head of an investigative agency requests the Minister of Science and ICT to suspend telecommunications services for the relevant telecommunications number after verifying a violation of Article 32-4 (1)). |
| (2) | A telecommunications business operator, in receipt of an order from the Minister of Science and ICT under paragraph (1), shall notify the relevant user of telecommunications services of the administrative agency that has requested the suspension of providing telecommunications services, the ground therefor, and the procedure for raising an objection, before suspending such services. <Amended on Jul. 26, 2017; Dec. 11, 2018> |
| (3) | Matters necessary for the methods of notification of procedures for raising an objection and others under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 15, 2014]
| Article 32-4 (Prohibition against Unjust Use of Mobile Communications Terminals) |
| (1) | No person shall engage in any of the following acts: <Amended on Jun. 10, 2022> |
| 1. | Using telecommunications services by logging onto, in another person's name, a mobile communications terminal (referring to a terminal device necessary for using facilities-based telecommunications services which use frequencies allocated under the Radio Waves Act; hereinafter the same shall apply) that requires a contract for the provision of telecommunications services, on condition of providing or lending funds, or using telecommunications services for the collection of the relevant funds; |
| 2. | Soliciting for, recommending, intermediating or advertising, any contract for the provision of telecommunications services necessary for the use of a mobile communications terminal, on condition of providing or lending funds. |
| (2) | In entering into a contract for the provision of telecommunications services (including contracts concluded through agents and consignees that enter into contracts for the provision of telecommunications services on behalf of, or outsourced by, telecommunications business operators), a telecommunications business operator prescribed by Presidential Decree, taking into account the type of telecommunications services, scale of business, protection of users, etc. shall, with the consent of the counterparty to the contract, verify whether the counterparty is the principal by utilizing the illegal contracting prevention system, etc. referred to in Article 32-5 (1), and may reject a contract if the relevant person is not the principal or refuses to verify whether he or she is the principal. Where the user who is the principal is changed due to the transfer of telecommunications services provided, the succession to the user's position, or other reasons, the same shall also apply to a person who intends to receive telecommunications services following such change. |
| (3) | In verifying the principal prescribed in paragraph (2), a telecommunications business operator may request the counterparty to the contract to present a certificate or document, such as a resident registration certificate or driver's license, through which the relevant person can be verified as the principal. |
| (4) | Matters necessary for the methods of verification of the principal prescribed in paragraph (2) and the type, etc. of certificates and documents through which the relevant person can be verified as the principal prescribed in paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 15, 2014]
| Article 32-5 (Establishment of Illegal Contracting Prevention System) |
| (1) | In order to prevent entering into contracts for the provision of telecommunications services through illegal means, the Minister of Science and ICT shall establish a system necessary for verifying whether the subscriber is the principal (hereinafter referred to as "illegal contracting prevention system"), and shall ensure that telecommunications business operators prescribed in Article 32-4 (2) are able to use the relevant system. <Amended on Jul. 26, 2017> |
| (2) | In order to establish and operate an illegal contracting prevention system, the Minister of Science and ICT may request the heads of government agencies and public institutions that hold the following information necessary to ascertain whether the subscriber is the principal to verify the authenticity of the certificates, etc. presented under Article 32-4 (3) through administrative data matching prescribed in Article 36 (1) of the Electronic Government Act. In such cases, the heads of the government agencies and public institutions, in receipt of such request, shall comply therewith, without good cause: <Amended on Jul. 26, 2017> |
| 1. | Information on a person's resident registration and family relation; |
| 2. | Information on the registration of a corporation and its business registration; |
| 3. | Information on the registration, report on residence, and immigration of a foreigner or a Korean citizen residing abroad; |
| 4. | Other information related to the certificates or documents presented under Article 32-4 (3). |
| (3) | The Minister of Science and ICT may outsource the affairs related to the establishment, operation, etc. of an illegal contracting prevention system to the Korea Association for ICT Promotion incorporated under Article 15 of the Framework Act on Broadcasting Communications Development (hereinafter referred to as the "Korea Association for ICT Promotion"). <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Oct. 15, 2014]
| Article 32-6 (Provision of Services for Prevention of Illegal Use of Third Person's Name) |
| (1) | A telecommunications business operator prescribed by Presidential Decree, taking into account the type of telecommunications services, scale of business, protection of users, etc. shall provide all or some of the following services to the relevant user to prevent damage caused by illegal use of a third person's name: <Amended on Dec. 11, 2018> |
| 1. | A service that, with the user's consent, informs the user of the fact that a contract for using telecommunications services has been concluded in his or her name, through text messages or by registered mail (hereafter referred to as "service to prevent illegal use of a third person's name" in this Article). In such cases, the telecommunications business operator shall provide the service to prevent illegal use of a third person's name to the user by sending a registered mail to the address in the relevant resident registration record card referred to in Article 7 of the Resident Registration Act, if the user is unable to receive text messages, such as where the user has no mobile communication terminal opened in his or her name or where the user has reported the loss of his or her mobile communication terminal; |
| 2. | A service that enables the user to inquire whether any telecommunications services have been subscribed to in his or her name (hereafter referred to as "service to inquire about the status of subscription" in this Article); |
| 3. | A service that pre-restricts another person from concluding a contract for the use of telecommunications services in the user's name (hereafter referred to as "service to restrict subscription" in this Article). |
| (2) | Where a telecommunications business operator providing services under paragraph (1) concludes a contract for using telecommunications services with a user, such operator shall clearly inform the user of a service to prevent illegal use of a third person's name, a service to inquire about the status of subscription, and a service to restrict subscription, and shall post such services on his or her website. <Amended on Dec. 11, 2018> |
| (3) | To support the provision of a service to prevent illegal use of a third person's name, a service to inquire about the status of subscription, and a service to restrict subscription, the Minister of Science and ICT may designate the Korea Association for ICT Promotion as a dedicated institution. <Amended on Dec. 11, 2018> |
| (4) | To support the provision of a service to prevent illegal use of a third person's name, the dedicated institution designated under paragraph (3) may request the Minister of the Interior and Safety to provide electronic data of resident registration referred to in Article 30 (1) of the Resident Registration Act. In such cases, the Minister in receipt of such request shall comply with the request unless there is a compelling reason not to do so. <Newly Inserted on Dec. 11, 2018> |
| (5) | Where the dedicated institution requests electronic data of resident registration under paragraph (4), such request shall undergo examinations by the Minister of Science and ICT. <Newly Inserted on Dec. 11, 2018> |
| (6) | A request which has undergone examinations by the Minister of Science and ICT under paragraph (5), shall be deemed to have undergone examinations by the head of the competent central administrative agency under Article 30 (1) of the Resident Registration Act. In such cases, the Resident Registration Act shall apply to the procedures, etc. for processing electronic data of resident registration; and an exemption from usage fees or charges shall be granted. <Newly Inserted on Dec. 11, 2018> |
| (7) | The method and procedures for providing a service to prevent illegal use of a third person's name, a service to inquire about the status of subscription, a service to restrict subscription, and other necessary matters shall be determined and publicly notified by the Minister of Science and ICT. <Newly Inserted on Dec. 11, 2018> |
[This Article Newly Inserted on Oct. 15, 2014]
| Article 32-7 (Blocking Media Products Harmful to Youth) |
| (2) | The Korea Communications Commission may inspect the status of the means of blocking referred to in paragraph (1). |
| (3) | Matters necessary for the methods, procedures, etc. for the provision of means of blocking under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 15, 2014]
| Article 32-8 (Call Forwarding Service) |
| (1) | A telecommunications business operator may provide a telecommunication service which forwards calls, etc. received by a user through his or her telecommunication number to a telecommunication number preset by the user (hereinafter referred to as "call forwarding service"). |
| (2) | A telecommunications business operator who provides the call forwarding service pursuant to paragraph (1) shall report the details thereof and procedures, etc. for subscription and setting therefor to the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
| (3) | No telecommunications business operator who provides the call forwarding service pursuant to paragraph (1) shall provide the call forwarding service differently from the details he or she has reported under paragraph (2). |
| (4) | No telecommunications business operator who provides the call forwarding service pursuant to paragraph (1) shall set the call forwarding service at his or her own discretion, without receiving an application therefor from the user. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 32-9 (Provision of Economic Benefits) |
| (1) | Where a facilities-based telecommunications business operator provides users with economic benefits accumulated when they use telecommunications services, he or she shall report to the Minister of Science and ICT on the scope of use, period of validity, method of using the economic benefits, etc. |
| (2) | A facilities-based telecommunications business operator shall notify users of the status, etc. of accumulated economic benefits so that they can use the economic benefits under paragraph (1). |
| (3) | The details, method, etc. of notice under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 33 (Compensation for Losses) |
| (1) | In any of the following cases, a telecommunications business operator shall pay compensation to the relevant user: Provided, That if the relevant loss results from a force majeure event or if the user causes the loss by intent or negligence, the liability for compensation for the loss shall be mitigated or exempted: |
| 1. | Where the telecommunications business operator causes any loss regarding the provision of telecommunications services, such as suspending the provision of telecommunications services; |
| 2. | Where the telecommunications business operator inflicts any loss on the user regarding the occurrence of the grounds for causing the user to express opinions or dissatisfactions under Article 32 (1) or regarding the delay in handling them. |
| (2) | Where the provision of telecommunications services is suspended, a telecommunications business operator shall notify users of the suspension of the provision of telecommunications services as well as the standards, procedures, etc. for compensating for losses, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 24, 2018]
CHAPTER IV PROMOTION OF COMPETITION IN TELECOMMUNICATIONS BUSINESS
| Article 34 (Promotion of Competition) |
| (1) | The Minister of Science and ICT shall endeavor to establish an efficient competition system and to create an environment for fair competition in the telecommunications business. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall evaluate the conditions of competition in the facilities-based telecommunications business every year for the purpose of developing competition policies to establish an efficient competition system and to create an environment for fair competition in the telecommunications business under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The detailed standards, procedures, and methods for evaluating competition conditions under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | The Minister of Science and ICT may designate and publicly notify a facilities-based telecommunications business operator who is deemed able to independently determine and maintain telecommunications service charges, conditions of use, prices for the use of telecommunications facilities, etc. regarding users and other telecommunications business operators, for each telecommunications service, based on the evaluation results of the conditions of competition under paragraph (2). <Newly Inserted on Jun. 9, 2020> |
| Article 34-2 (Fact-Finding Surveys on Value-Added Telecommunications Business) |
| (1) | The Minister of Science and ICT may conduct a fact-finding survey to ascertain the actual conditions of the value-added telecommunications business. |
| (2) | To conduct a fact-finding survey pursuant to paragraph (1), the Minister of Science and ICT may request value-added telecommunications business operators to submit necessary data. In such cases, any person in receipt of such request shall comply with the request without good cause. |
| (3) | Objects and details of a fact-finding survey conducted under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 35 (Provision of Equipment) |
| (1) | Where a telecommunications business operator requests a facilities-based telecommunications business operator or an authority that constructs, operates, or manages roads, railroads, subways, water and sewage systems, electrical equipment, telecommunications line equipment, etc. (hereinafter referred to as "facility management authority") to provide him or her with ducts, common utility conduits, poles, cables, stations, or other equipment (including telecommunications equipment; hereinafter the same shall apply) or facilities (hereinafter referred to as "equipment, etc."), such facilities-based telecommunications business operator or such facility management authority may provide equipment, etc. under an agreement with him or her. |
| (2) | Any of the following facilities-based telecommunications business operators or facility management authorities shall provide equipment, etc. by concluding an agreement, notwithstanding paragraph (1): Provided, That this shall not apply where a facility management authority plans to use such equipment, etc.: <Amended on Jun. 9, 2020> |
| 1. | A facilities-based telecommunications business operator who possesses equipment indispensable for other telecommunications business operators to provide telecommunications services; |
| 2. | Any of the following facility management authorities who possess equipment, etc., such as ducts, common utility conduits, or poles: |
| (a) | The Korea Expressway Corporation established under the Korea Expressway Corporation Act; |
| (d) | Korea National Railway established under the Korea National Railway Act; |
| (g) | A regional construction management administration prescribed in the Road Act; |
| 3. | A facilities-based telecommunications business operator or facility management authority whose scale of the business, market share, etc. of facilities-based telecommunications services meet the standards prescribed by Presidential Decree. |
| (3) | The Minister of Science and ICT shall determine and publicly notify the scope of equipment, etc. prescribed in paragraphs (1) and (2) and the criteria for the conditions, procedures, methods, and calculation of prices for providing such equipment, etc. In such cases, the scope of equipment, etc. to be provided under paragraph (2) shall be determined, in consideration of the demand for equipment, etc. by facilities-based telecommunications business operators or facility management authorities falling under any subparagraph of the same paragraph. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | A telecommunications business operator who intends to be provided with equipment, etc. shall enter into an agreement prescribed in paragraph (1) in advance and may install the apparatus enhancing the efficiency of the relevant equipment to the extent necessary for providing telecommunications services. In such cases, he or she shall notify such fact beforehand to the facilities-based telecommunications business operator or the facility management authority that provides the relevant equipment, etc., as prescribed by Presidential Decree, and shall remove the apparatus upon termination of the agreement or the expiration of the period for use. <Amended on Jan. 20, 2015; Jun. 9, 2020> |
| (5) | For the efficient use and management of equipment, etc., the Minister of Science and ICT may conduct a field investigation into the status of the provision and use of such equipment, etc. In such cases, Article 51 (3) through (6) shall apply mutatis mutandis to the procedures and methods for conducting the field investigation. <Newly Inserted on Oct. 15, 2014; Jul. 26, 2017> |
| (6) | Deleted. <Dec. 1, 2015> |
| (7) | The Minister of Science and ICT may designate a specialized institution to provide equipment, etc. prescribed in paragraphs (1) and (2). <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| (8) | Matters necessary for the designation of a specialized institution prescribed in paragraph (7) and the methods of business operations shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| Article 35-2 (Duties to Maintain Aerial Cables) |
| (1) | To promote safe living environment and to protect urban landscape, a telecommunications business operator and a facility management authority shall maintain cables installed on utility poles (hereafter referred to as "aerial cables" in this Article). <Amended on Dec. 11, 2018> |
| (2) | To ensure the systematic maintenance prescribed in paragraph (1), the Minister of Science and ICT shall formulate a maintenance plan for aerial cables (hereafter referred to as "maintenance plan" in this Article), including the following matters, each year. In such cases, the plan shall undergo deliberation by the Council for Maintenance of Aerial Cables comprised of the relevant authorities and related telecommunications business operators: <Amended on Jul. 26, 2017; Dec. 11, 2018> |
| 1. | Basic direction-setting for, and objectives of, the maintenance plan; |
| 2. | Standards for installing, removing, and recycling aerial cables; |
| 3. | Inspection and assessment of the maintenance status of aerial cables; |
| 4. | Other matters necessary for maintenance of aerial cables. |
| (3) | A telecommunications business operator and a facility management authority shall comply with the maintenance plan, and the burden of expenses incurred in implementing the maintenance plan shall be shared among persons who provide and use the relevant equipment, etc., as prescribed by Presidential Decree. |
| (4) | Matters necessary for the organization, operation, etc. of the Council for Maintenance of Aerial Cables prescribed in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 36 (Joint Utilization of Subscriber Lines) |
| (1) | Where a telecommunications business operator determined and publicly notified by the Minister of Science and ICT requests a facilities-based telecommunications business operator to jointly utilize lines installed in the section from modems directly connected with the users to the users (hereafter referred to as "subscriber lines" in this Article), the facilities-based telecommunications business operator shall permit the joint utilization of subscriber lines. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall determine and publicly notify the scope of, and guidelines for the conditions, procedures, methods and calculation of prices for the joint utilization of subscriber lines under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 37 (Joint Use of Radio Communications Facilities) |
| (1) | Where a facilities-based telecommunications business operator receives a request for joint use of radio communications facilities (hereinafter referred to as "joint use") from other facilities-based telecommunications business operators, he or she may permit joint use by concluding an agreement. In such cases, prices for joint use by facilities-based telecommunications business operators determined and publicly notified by the Minister of Science and ICT shall be computed and adjusted in a fair and reasonable manner. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Where a facilities-based telecommunications business operator determined and publicly notified by the Minister of Science and ICT receives a request for joint use of radio communications facilities from another facilities-based telecommunications business operator determined and publicly notified by the Minister of Science and ICT, he or she shall permit the joint use by concluding an agreement, notwithstanding paragraph (1), in order to enhance the efficiency of the telecommunications business and to protect users. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Guidelines for calculating prices for the joint use under the latter part of paragraph (1), procedures and methods for paying such prices, and the scope of, and guidelines for the conditions, procedures, methods and calculation of prices for the joint use under paragraph (2) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 38 (Wholesale Provision of Telecommunications Services) |
| (1) | Where a facilities-based telecommunications business operator receives a request from another telecommunications business operator, he or she may reach agreements with such telecommunications business operators to provide his or her telecommunications services to them or permit them to fully or partially use telecommunications equipment required for the provision of telecommunications services (hereinafter referred to as "wholesale services") so as to enable them to provide his or her telecommunications services to users (hereinafter referred to as "resale"). |
| (2) | In order to promote competition in the telecommunications business, the Minister of Science and ICT may designate and publicly notify telecommunications services (hereinafter referred to as "mandatory wholesale services") to be provided by a facilities-based telecommunications business operator who shall provide wholesale services by concluding an agreement (hereinafter referred to as "mandatory wholesale service provider"), upon receipt of a request from other telecommunications business operators who intend to provide resale telecommunications services. In such cases, mandatory wholesale services to be provided by a mandatory wholesale service provider shall be designated from among telecommunications services provided by a facilities-based telecommunications business operator who satisfies the standards determined by Presidential Decree, such as the scale of the business and market share. <Amended on Jun. 9, 2020> |
| (6) | Where the Minister of Science and ICT deems, as a result of the annual assessment of competition in communications markets, that the purposes of wholesale telecommunications services are achieved by vitalizing competition in the telecommunications business or that mandatory wholesale services fail to meet the standards for designation, he or she may revoke the designation of mandatory wholesale services provided by a mandatory wholesale service provider. <Amended on Jun. 9, 2020> |
| (4) | The Minister of Science and ICT shall determine and publicly notify guidelines for the conditions, procedures, methods and calculation of prices for providing wholesale services to be observed by a mandatory wholesale service provider when reaching an agreement for the provision of mandatory wholesale services. In such cases, in principle, prices for providing wholesale services shall be calculated by subtracting avoidable costs (referring to the relevant costs that can be avoided if a facilities-based telecommunications business operator does not directly provide telecommunications services to users) from resale prices for mandatory wholesale services. <Amended on Jun. 9, 2020> |
| (5) | Upon receipt of a request for wholesale services from other telecommunications business operators, a facilities-based telecommunications business operator shall reach an agreement for such wholesale services within 90 days, unless there is a compelling reason not to do so, and the telecommunications business operator who has reached an agreement for wholesale services with a facilities-based telecommunications business operator shall report thereon to the Minister of Science and ICT within 30 days after the date when such agreement is concluded, as prescribed by Presidential Decree. The same shall also apply to amendment to or revocation of an agreement for wholesale services. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | An agreement under paragraph (5) shall comply with guidelines publicly notified by the Minister of Science and ICT pursuant to paragraph (4). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[Paragraphs (2) through (4) of this Article remain effective until September 22, 2022 pursuant to Article 2 of the Addenda to Act No. 17352 (Jun. 9, 2020)]
| Article 39 (Interconnection) |
| (1) | Where a telecommunications business operator receives a request for interconnection of telecommunications equipment from other telecommunications business operators, he or she may permit the interconnection by concluding an agreement. |
| (2) | The Minister of Science and ICT shall determine and publicly notify the scope of, and guidelines for the conditions, procedures, methods and calculation of prices for interconnections of telecommunications equipment under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Notwithstanding paragraphs (1) and (2), any of the following facilities-based telecommunications business operators shall permit the interconnection by concluding an agreement, upon receipt of a request under paragraph (1): |
| 1. | A facilities-based telecommunications business operator who possesses equipment indispensable for other telecommunications business operators to provide telecommunications services; |
| 2. | A facilities-based telecommunications business operator, for whom a scale of business, market share, etc. of facilities-based telecommunications services meet the standards prescribed by Presidential Decree. |
| Article 40 (Prices of Interconnection) |
| (1) | Prices for interconnection shall be calculated in a fair and reasonable manner and adjusted by mutual agreements, and detailed guidelines, procedures and methods for calculating prices for interconnection shall be governed by the guidelines under Article 39 (2). |
| (2) | Where a telecommunications business operator experiences any disadvantage in a method of interconnection, connection quality, the provision of information required for interconnection, etc. for reasons not attributable to him or her, he or she may pay reduced prices for interconnection according to the guidelines under Article 39 (2). |
| Article 41 (Joint Use of Telecommunications Equipment) |
| (1) | Where a facilities-based telecommunications business operator receives a request for access to or joint use of his or her own telecommunications equipment and facilities, such as ducts, cables, poles or stations, from other telecommunications business operators who intend to establish or operate equipment required for interconnection, he or she may reach an agreement with them to permit such access or joint use. |
| (2) | The Minister of Science and ICT shall determine and publicly notify the scope of and guidelines for conditions, procedures, methods and calculation of prices for access to or joint use of telecommunications equipment or facilities prescribed in paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Notwithstanding paragraph (1), any of the following facilities-based telecommunications business operators shall permit access to or joint use of the telecommunications equipment or facilities prescribed in paragraph (1) by concluding an agreement, upon receipt of a request made under paragraph (1): |
| 1. | A facilities-based telecommunications business operator who possesses equipment indispensable for other telecommunications business operators to provide telecommunications services; |
| 2. | A facilities-based telecommunications business operator, for whom a scale of business, market share, etc. of facilities-based telecommunications services meet the standards prescribed by Presidential Decree. |
| Article 42 (Provision of Information) |
| (1) | Where a telecommunications business operator requests a facilities-based telecommunications business operator to provide technological information or users' personal information needed for the provision of equipment, etc., wholesale services, interconnection services, joint-use services, imposition and collection of charges, and telephone number information services, the facilities-based telecommunications business operator may provide such information by concluding an agreement with the telecommunications business operator. |
| (2) | The Minister of Science and ICT shall determine and publicly notify the scope of and guidelines for conditions, procedures, methods and calculation of prices for providing information under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Notwithstanding paragraph (1), any of the following facilities-based telecommunications business operators shall provide information requested by concluding an agreement, upon receipt of a request under paragraph (1): |
| 1. | A facilities-based telecommunications business operator who possesses equipment indispensable for other telecommunications business operators to provide telecommunications services; |
| 2. | A facilities-based telecommunications business operator, for whom a scale of business, market share, etc. of facilities-based telecommunications services meet the standards prescribed by Presidential Decree. |
| (4) | A facilities-based telecommunications business operator under paragraph (3) shall determine technical standards to be satisfied by other telecommunications business operator or users who intend to connect their terminal devices, etc. with his or her own telecommunications equipment, the requirements for the provision and use, and other standards required for creating environments for fair competition; and shall publicly announce them after obtaining approval from the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | A facilities-based telecommunications business operator who provides telecommunications services using the frequency allocated pursuant to the Radio Waves Act shall provide information on standards for telecommunications services, if a manufacturer, importer, or distributor requests it within the scope necessary for the manufacturing, import, distribution or sale of communications terminal devices (referring to terminal devices with which telecommunications services can be used using the frequency allocated pursuant to the Radio Waves Act; hereinafter the same shall apply) which are purchased by users without going through the relevant facilities-based telecommunications business operator. <Newly Inserted on Aug. 13, 2013> |
| (6) | Matters necessary for the scope of, method, etc. for providing information referred to in paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted on Aug. 13, 2013> |
| Article 43 (Prohibition against Use of Information for Purposes Other Than Its Original Purpose) |
A telecommunications business operator shall use the technical information received under Article 42 (1) and (3) only for its original purposes, and shall not misuse such information or provide it to a third party. [This Article Wholly Amended on Dec. 1, 2015]
| Article 44 (Reporting on Agreements on Interconnection) |
| (1) | Where a facilities-based telecommunications business operator or a facility management authority has received a request for the provision of equipment, etc., joint use, interconnection, or joint-use services or provision of information from other telecommunications business operators, he or she shall enter into an agreement prescribed in Article 35 (1) and (2), the former part of Article 37 (1), Article 39 (1), 41 (1), or 42 (1) within 90 days, unless there is a compelling reason not to do so, and shall report it to the Minister of Science and ICT within 30 days after the date such agreement is entered into, as prescribed by Presidential Decree. The same shall also apply to amendment to or revocation of an agreement. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Notwithstanding paragraph (1), if a facilities-based telecommunications business operator prescribed in the latter part of paragraph (1) and paragraph (2) of Article 37, and Article 39 (3), 41 (3), or 42 (3) is a party to an agreement and requests another facilities-based telecommunications business operator to enter into such agreement, the facilities-based telecommunications business operator who has received such request shall enter into the agreement within 90 days, unless there is a compelling reason not to do so, and apply for authorization to the Minister of Science and ICT within 30 days after the date an agreement is entered into, as prescribed by Presidential Decree, and shall disclose the details of such agreement within 30 days after the date authorization is granted. The same shall also apply to amendment to or revocation of an agreement. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Notwithstanding paragraph (2), where any side agreement, etc. is entered into to add new services on the basis of an agreement already authorized, such fact shall be reported to the Minister of Science and ICT within 30 days after the agreement is entered into, as prescribed by Presidential Decree, and the details of the relevant agreement shall be disclosed within 30 days from the date of such report. The same shall also apply where any side agreement is amended or repealed. <Newly Inserted on Oct. 15, 2014; Jul. 26, 2017> |
| (4) | Agreements concluded under paragraphs (1) through (3) shall comply with guidelines publicly notified by the Minister of Science and ICT pursuant to Articles 35 (3), 37 (3), 39 (2), 41 (2), or 42 (2). <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| (5) | Where it is necessary to supplement an application for authorization or a report made under paragraph (2) or (3), the Minister of Science and ICT may issue an order for supplementation by specifying a deadline for supplementation. <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| (6) | Agreements referred to in Articles 41 (1) and 42 (1) may be included in agreements concluded under Article 39 (1). <Amended on Oct. 15, 2014> |
| (7) | Notwithstanding paragraphs (1) through (3), where any agreement is amended with respect to insignificant matters determined and publicly notified by the Minister of Science and ICT, such as where the details of a modified agreement involve no change in the price for use, it shall be excluded from the cases subject to authorization or reporting. In such cases, the details of the relevant amendment of the agreement shall be disclosed within 30 days from the date of such amendment. <Newly Inserted on Oct. 15, 2014; Jul. 26, 2017> |
| Article 45 (Ruling by the Korea Communications Commission) |
| (1) | A telecommunications business operator may apply for a ruling to the Korea Communications Commission, where the parties concerned have failed to reach an agreement or where it is impracticable to reach an agreement in a dispute between telecommunications business operators over telecommunications business: <Amended on Dec. 11, 2018> |
| 1. | Deleted; <Dec. 11, 2018> |
| 2. | Deleted; <Dec. 11, 2018> |
| 3. | Deleted; <Dec. 11, 2018> |
| 4. | Deleted. <Dec. 11, 2018> |
| (2) | The Korea Communications Commission shall, upon receipt of an application for a ruling under paragraph (1), give notice thereof to the other party and provide an opportunity to state his or her opinion within a specified period: Provided, That this shall not apply where the party concerned fails to state his or her opinion without good cause. <Amended on Dec. 11, 2018> |
| (3) | The Korea Communications Commission shall make a ruling within 90 days from the date of receipt of the application for a ruling: Provided, That if it fails to make a ruling within such period due to unavoidable circumstances, the period may be extended only once for up to 90 days following a resolution passed by the Korea Communications Commission. <Amended on Dec. 11, 2018> |
| (4) | Upon extending the processing period under the proviso of paragraph (3), the Korea Communications Commission shall notify the parties of the extension, specifically stating the grounds for the extension and deadline. <Newly Inserted on Dec. 11, 2018> |
| (5) | Where one of the parties files a lawsuit during the ruling procedures, the Korea Communications Commission shall suspend such procedures and give notice thereof to the other party. The same shall also apply where it is confirmed that a lawsuit has been filed before the application for a ruling. <Amended on Dec. 11, 2018> |
| (6) | Where the Korea Communications Commission makes a ruling on the matters under paragraph (1), it shall serve the ruling documents on the parties concerned without delay. <Amended on Dec. 11, 2018> |
| (7) | Where no lawsuit is filed over the dispute between business operators within 60 days after the date the authentic copy of the ruling documents of the Korea Communications Commission is served on the business operators who are parties to the ruling or the lawsuit over such dispute is withdrawn or both parties clearly express their consent to the ruling to the Korea Communications Commission, both parties shall be deemed to have reached an agreement with the same effect as the ruling. <Amended on Dec. 11, 2018> |
| Article 45-2 (Establishment and Organization of Communications Dispute Mediation Committee) |
| (1) | The Korea Communications Commission may establish a Communications Dispute Mediation Committee (hereinafter referred to as the "Dispute Mediation Committee") to efficiently mediate any of the following disputes between a telecommunications business operator and a user: <Amended on Sep. 14, 2021> |
| 1. | A dispute relating to compensation for losses under Article 33; |
| 2. | A dispute that arises because telecommunications services are provided in a manner different from the terms and conditions of use (not limited to the terms and conditions of use reported or authorized under Article 28 (1) or (2)); |
| 3. | A dispute that arises in the course of concluding a contract for the use of telecommunications services, using the services, or terminating the contract; |
| 4. | A dispute over the quality of telecommunications services; |
| 5. | A dispute over the telecommunications business operator's failure to explain or notify users about important matters, such as service charges, terms and conditions of a contract, and discount of service charges or over their false explanation or notification; |
| 6. | A dispute over the settlement of user fees, the revocation of settlement, or the refund of user fees in an app market; |
| 7. | Other disputes relating to telecommunications services prescribed by Presidential Decree. |
| (2) | The Dispute Mediation Committee shall be comprised of not more than 10 members, including one chairperson appointed by the Chairperson of the Korea Communications Commission. |
| (3) | Members of the Dispute Mediation Committee shall be commissioned by the Chairperson of the Korea Communications Commission with the consent of the Korea Communications Commission from among the following persons, in consideration of their gender: <Amended on Jun. 9, 2020> |
| 1. | A person who holds or has held an associate professorship or higher position, or other position equivalent thereto at a university or authorized research institute; |
| 2. | A person who serves or has served as a judge, prosecutor, or attorney-at-law for at least five years; |
| 3. | A person who has served as a certified public accountant for at least five years; |
| 4. | A public official of Grade IV or higher or a person who holds or has held a position equivalent thereto at a public institution, who has experience in any business related to telecommunications; |
| 5. | Any other person with extensive knowledge and experience in telecommunications. |
| (4) | The term of office of each member of the Dispute Mediation Committee shall be two years; but may be renewed only once. |
| (5) | The organization and operation of the Dispute Mediation Committee and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 45-3 (Status Guarantee of Members) |
No member of the Dispute Mediation Committee shall be removed from office or dismissed against his or her will, except where the relevant member is unable to perform his or her duties because he or she is sentenced to suspension of qualification or a heavier punishment or due to a mental or physical disorder; or where the member fails to recuse himself or herself even though he or she constitutes the grounds specified in Article 45-4 (1). [This Article Newly Inserted on Dec. 11, 2018]
| Article 45-4 (Disqualification of, Challenge to, and Recusal of, Members) |
| (1) | In any of the following cases, a member of the Dispute Mediation Committee shall be disqualified from deliberating and resolving on a dispute mediation case for which an application has been filed with the Dispute Mediation Committee (hereafter referred to as "case" in this Article): |
| 1. | Where the member or his or her spouse or former spouse is a party to the case, or is related to the case as a joint right holder or obligor; |
| 2. | Where the member has or had kinship with a party to the case; |
| 3. | Where the member has testified, conducted an appraisal, or provided legal advice regarding the case; |
| 4. | Where the member is or was involved in the case as an agent of a party to the case. |
| (2) | If the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of a member, any party may file a request for a challenge to the member with the Dispute Mediation Committee; and the Dispute Mediation Committee shall make a decision on such request by resolution. In such cases, the challenged member shall abstain from voting on such resolution. |
| (3) | A member of the Dispute Mediation Committee shall refrain from deliberations and decisions on the relevant case if he or she constitutes grounds for disqualification under paragraph (1); and may recuse himself or herself from the deliberations and decisions if he or she falls under paragraph (2). |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 45-5 (Procedures for Mediating Disputes) |
| (1) | A person who intends to undergo mediation regarding a dispute over telecommunications may file an application for mediation with the Korea Communications Commission, stating matters prescribed by Presidential Decree in the application. |
| (2) | Upon receipt of an application for dispute mediation under paragraph (1), the Dispute Mediation Committee shall notify the other party of such fact. |
| (3) | Where any party or interested party intends to state his or her opinion, the Dispute Mediation Committee shall give him or her an opportunity to state his or her opinion, unless there is a compelling reason not to do so: Provided, That this shall not apply where the party fails to state his or her opinion without good cause. |
| (4) | If deemed necessary to mediate a dispute, the Dispute Mediation Committee may request parties, interested parties, etc. to submit necessary data. |
| (5) | Upon receipt of an application for dispute mediation under paragraph (1), the Dispute Mediation Committee may recommend that the parties should reach an agreement prior to mediation, presenting the details of the application to the parties. |
| (6) | The Dispute Mediation Committee shall examine an application for dispute mediation and prepare a proposal for mediation within 60 days after receipt thereof: Provided, That under unavoidable circumstances, the processing period may be extended by 30 days only once by a resolution of the Dispute Mediation Committee. |
| (7) | Upon extending the processing period under the proviso of paragraph (6), the Dispute Mediation Committee shall notify the parties of such extension, specifically stating the grounds for the extension and deadline. |
| (8) | The procedures and method for mediating disputes and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 45-6 (Rejection and Suspension of Dispute Mediation) |
| (1) | Where an application for mediation is dually filed (including where an application is filed again regarding a case for which a mediation decision has been made or mediation has been terminated) or where it is deemed that the contents of an application are unlawful or an application has been filed for an unfair purpose, the Dispute Mediation Committee may reject the application. In such cases, it shall notify the parties of the grounds, etc. for rejecting mediation. |
| (2) | Where one of the parties files a lawsuit over a dispute subject to mediation while mediation procedures are pending, or where a lawsuit is verified to have been filed prior to the commencement of mediation, the Dispute Mediation Committee shall suspend the mediation procedures and notify the parties of such fact: Provided, That the Dispute Mediation Committee may resume the mediation procedures if the lawsuit is withdrawn. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 45-7 (Effect of Dispute Mediation) |
| (1) | Upon completing dispute mediation, the Dispute Mediation Committee shall prepare a proposal for mediation and notify the parties thereof without delay. |
| (2) | Upon receipt of notice under paragraph (1), the parties shall notify the Dispute Mediation Committee of whether to accept the proposal for mediation within 15 days after receipt thereof. In such cases, where any party fails to express his or her intention to accept the proposal within 15 days, the party shall be deemed to have rejected mediation. |
| (3) | Where all the parties accept a proposal for mediation under paragraph (2), agreement shall be reached through mediation; and the Chairperson of the Dispute Mediation Committee shall prepare and serve a written mediation on all the parties without delay. |
| (4) | The Chairperson of the Dispute Mediation Committee and each party shall affix either their names or signatures and seals to the written mediation. |
| (5) | Where the parties affix either their names or signatures and seals to the written mediation, under paragraph (4), stating that they accept compulsory execution, the authentic copy of the written mediation shall have the same effect as an enforceable title of execution, notwithstanding Article 56 of the Civil Execution Act: Provided, That Article 44 (2) of the Civil Execution Act shall not apply to the averment of objection against claims. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 45-8 (Termination of Mediation) |
| (1) | In any of the following cases, mediation shall be terminated: |
| 1. | Where an agreement is reached through recommendation for agreement under Article 45-5 (5); |
| 2. | Where the Dispute Mediation Committee deems that it is impracticable for the parties to reach an agreement on the relevant mediation case; |
| 3. | Where the Dispute Mediation Committee rejects mediation under Article 45-6; |
| 4. | Where any party fails to express his or her intention to accept a proposal for mediation within the specified period under Article 45-7 (2) or expresses his or her intention to refuse to accept it; |
| 5. | Where an agreement is reached through mediation under Article 45-7 (3); |
| 6. | Where a judgment is made final and conclusive regarding a lawsuit over a dispute subject to mediation. |
| (2) | Where mediation is terminated pursuant to paragraph (1), the Dispute Mediation Committee shall notify the parties of such fact, specifically stating the termination and the grounds therefor. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 46 (Referral of Disputes) |
The Korea Communications Commission may establish a dispute settlement panel on a case-by-case basis and refer disputes to the relevant dispute settlement panel if it deems it appropriate or necessary to make a ruling on the matters under Article 45 (1).
| Article 47 (Requests for Appearance and Hearing of Opinions) |
| (1) | Where the Korea Communications Commission deems it necessary to deal with ruling cases, it may take any of the following measures upon application of relevant the party or ex officio: <Amended on Aug. 13, 2013> |
| 1. | Requests for appearance by or hearing of opinions from the relevant party or a witness; |
| 2. | Requests for appraisal by an appraiser; |
| 3. | Requests for submission of documents or articles related to disputes and keeping documents or articles submitted in custody. |
| (2) | Except as provided in paragraph (1) and Articles 45 and 46, matters necessary for procedures, etc. for ruling and arbitration of the Korea Communications Commission shall be determined and publicly notified by the Korea Communications Commission. <Newly Inserted on Aug. 13, 2013> |
| Article 48 (Management Plans for Telecommunications Number Resources) |
| (1) | The Minister of Science and ICT shall formulate and implement management plans for telecommunications number resources which include matters concerning the assignment, withdrawal, incorporation, etc. of telecommunications numbering system and telecommunications numbers in order to efficiently provide telecommunications services, to promote user convenience, to create environments for fair competition among telecommunications business operators, and to efficiently utilize, etc. the telecommunications numbers which are limited national resources. <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT has formulated plans prescribed in paragraph (1), he or she shall publicly notify them. The same shall also apply to any amendment to a formulated plan. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Any telecommunications business operator shall comply with matters publicly notified under paragraph (2). |
[Title Amended on Oct. 15, 2014]
| Article 48-2 (Prohibition against Sale or Purchase of Telecommunication Numbers) |
| (1) | No person may sell or purchase telecommunication numbers, as they are a limited national resource. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 49 (Settlement of Accounts) |
| (1) | Any facilities-based telecommunications business operator shall complete settlement of accounts, as prescribed by Presidential Decree, prepare a business report for the preceding year and submit it to the Minister of Science and ICT no later than three months after the end of each fiscal year; and shall keep the related books and source documents: Provided, That this shall not apply to any facilities-based telecommunications business operator whose telecommunications service sales of the preceding year are less than an amount prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018> |
| (2) | Where the Minister of Science and ICT intends to determine matters concerning settlement of accounts under paragraph (1), he or she shall pre-consult with the Minister of Economy and Finance. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may verify the details of any business report submitted by a facilities-based telecommunications business operator in accordance with paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | If it is necessary to conduct verification in paragraph (3), the Minister of Science and ICT may order the relevant facilities-based telecommunications business operator to submit related materials or conduct an inspection necessary for ascertaining facts. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | Where the Minister of Science and ICT intends to conduct an inspection pursuant to paragraph (4), he or she shall notify the relevant facilities-based telecommunications business operator of an inspection plan, including the period of, reasons for, and details of the inspection, no later than seven days before such inspection. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Any person who conducts an inspection pursuant to paragraph (4) shall present a certificate indicating his or her authority to the relevant persons, and deliver thereto a document stating his or her name, the period and purpose of visit, etc. at the time of his or her first visit. |
| Article 50 (Prohibited Acts) |
| (1) | No telecommunications business operator (limited to app market business operators in cases provided in subparagraphs 9 through 11; hereafter in this Article the same shall apply) may engage in any of the following conduct (hereinafter referred to as "prohibited acts") which undermine or are likely to undermine fair competition or users' interests, or allow other telecommunications business operators or third parties to engage in such conduct: <Amended on Jan. 27, 2016; Dec. 11, 2018; Jun. 9, 2020; Sep. 14, 2021; Oct. 19, 2021> |
| 1. | Placing unfair or discriminative conditions or restrictions on the provision of equipment, etc., joint utilization, joint use, interconnection or joint-use services, wholesale services, provision of information, etc.; |
| 2. | Unfairly refusing to conclude an agreement on the provision of equipment, etc., joint utilization, joint use, interconnection or joint-use services, wholesale services, provision of information, etc. or failing to implement a concluded agreement without good cause; |
| 3. | Misusing the information of other telecommunications business operators that he or she has obtained in the course of the provision of equipment, etc., joint utilization, joint use, interconnection or joint-use services, wholesale services, provision of information, etc., for his or her business operations; |
| 4. | Calculating the user fees or the prices for the provision, joint utilization, joint use, interconnection, joint-use services, wholesale services, provision of information, etc. with respect to telecommunications services (including bundled services where the all or some of the following services are packaged and sold together as a single combined unit: telecommunications services, broadcasting defined in subparagraph 1 of Article 2 of the Broadcasting Act, and Internet multimedia broadcasting defined in subparagraph 1 of Article 2 of the Internet Multimedia Broadcast Services Act; hereafter in this Article the same shall apply) by unreasonably classifying costs or revenues; |
| 5. | Telecommunications business operators' providing telecommunications services in a manner different from the terms and conditions of use (limited to the terms and conditions of use reported under Article 28 (1)), or in a manner which substantially undermines telecommunications users' interests; |
| 5-2. | Telecommunications business operators’ failing to explain or notify users about important matters, such as service charges, terms and conditions of a contract, and discount of service charges, or their false explanation or notification with regard to telecommunication services; |
| 6. | Determining and maintaining the prices for the provision of equipment, etc., joint utilization, joint use, interconnection or joint-use services, wholesale services, provision of information, etc., which are unfairly higher than the supply prices; |
| 7. | Refusing or restricting appropriate profit sharing when trading digital content through telecommunications services using the frequencies allocated under the Radio Waves Act; |
| 8. | Unfairly restricting measures to delete any software unessential to implementing functions of a communications terminal device or measures equivalent thereto; or installing and operating or suggesting any software that unfairly restricts the installation of other software. |
| 9. | An app market business entity's compelling a mobile content supplier, etc. to use certain means of payment by unduly taking advantage of his or her position in a transaction when brokering the transaction of mobile content, etc.; |
| 10. | An app market business entity's unfairly delaying the examination of mobile content, etc.; |
| 11. | An app market business entity's unfairly deleting mobile content, etc. from an app market. |
| (2) | Where Articles 52 (1) and 53 apply to the acts prescribed in paragraph (1) 5 or 5-2 committed by a person who acts for a telecommunications business operator to conclude contracts (or modify the terms of concluded contracts) with users under an agreement with the telecommunications business operator, such acts shall be deemed to have been committed by the telecommunications business operator: Provided, That the same shall not apply where the telecommunications business operator has paid considerable attention in order to prevent such acts. <Amended on Jan. 27, 2016> |
| (3) | Matters necessary for categories of and standards for the acts prohibited under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 51 (Fact-Finding Investigations) |
| (1) | Where the Korea Communications Commission is notified or becomes aware that any act has been committed in violation of Article 50 (1), it may order the public officials under its control to conduct a fact-finding investigation necessary for the verification thereon. |
| (2) | If the Korea Communications Commission deems that a fact-finding investigation under paragraph (1) is necessary, it may order the public official under its control to enter the offices or places of business of a telecommunications business operator or places of business of a person entrusted with the affairs of a telecommunications business operator (if the affairs entrusted by a telecommunications business operator are related to the provisions of Article 50, limited only to such affairs; hereafter the same shall apply in this Article) for an investigation into books, documents, other data or articles. |
| (3) | Where the Korea Communications Commission intends to conduct a fact-finding investigation under paragraph (1), it shall notify the relevant telecommunications business operator of an investigation plan, including a period of, reasons for, and details of the investigation no later than seven days before such investigation: Provided, That this shall not apply in cases of emergency or in cases where it is deemed that any prior notification could make it impossible to attain the purposes of such investigation through destruction of evidence, etc. |
| (4) | A person who enters the offices or places of business of a telecommunications business operator or the places of business of a person entrusted with the affairs of a telecommunications business operator to conduct a fact-finding investigation under paragraph (2) shall present a certificate indicating his or her authority, and allow the persons interested in the relevant offices or places of business to participate in such fact-finding investigation. |
| (5) | Any public official in charge of a fact-finding investigation under paragraph (2) may order a telecommunications business operator or a person entrusted with the affairs of a telecommunications business operator to submit necessary data or articles, and may temporarily keep such data or articles in his or her custody if the destruction of evidence, such as the disposal, concealment, or replacement of such data or articles, is anticipated. |
| (6) | The Korea Communications Commission shall immediately return the data or articles kept in custody if they fall under any of the following: |
| 1. | Where it is deemed upon examination that they are not associated with the relevant investigation; |
| 2. | Where it is no longer necessary to keep them in custody because the purposes of the relevant investigation are achieved. |
| Article 51-2 (Re-submission Order and Charges for Compelling Compliance concerning Violations of Order to Submit Materials for Fact-Finding Investigations) |
| (1) | Where a telecommunications business operator or a person entrusted with the business of a telecommunications business operator (limited to persons handling the relevant business if the business entrusted by the telecommunications business operator is related to Article 50; hereafter in this Article the same shall apply) fails to comply with an order to submit data or articles provided in Article 51 (5), the Korea Communications Commission may re-issue the order to submit the data or articles (hereafter in this Article referred to as "resubmission order") by fixing a reasonable period, if such data or articles are deemed necessary to confirm violations of Article 50 (1)). |
| (2) | The Korea Communications Commission may impose on a person who fails to comply with a resubmission order provided in paragraph (1) a charge for compelling compliance by determining the amount per day within the limit of 3/1,000 of the sales prescribed by Presidential Decree: Provided, That a charge for compelling compliance imposed may be up to two million won per day if there is no sales or it is impracticable to calculate the sales. |
| (3) | A period for which charges for compelling compliance are imposed pursuant to paragraph (2) shall be from the date following the date the period prescribed by the resubmission order expires until the date the resubmission order is complied with. In such cases, charges for compelling compliance shall be imposed within 30 days from the date following the date the period prescribed by the resubmission order expires unless there is a compelling reason not do so. |
| (4) | Before imposing a charge for compelling compliance pursuant to paragraph (2), the Korea Communications Commission shall give an advance written notice of the fact that the charge for compelling compliance will be imposed and collected. |
| (5) | Where a person in receipt of a resubmission order complies with the order, the Korea Communications Commission shall promptly cease imposing any further charge for compelling performance, but collect the charge for compelling performance already imposed before the order is fulfilled. |
| (6) | Article 53 (5) and (7) shall apply mutatis mutandis to additional charges for compelling compliance. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the imposition, payment, and refund of charges for compelling compliance and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 19, 2021]
| Article 52 (Measures against Prohibited Acts) |
| (1) | The Korea Communications Commission may order a telecommunications business operator to take any of the following measures, if a violation of Article 50 (1) is deemed to have been committed: Provided, That if it issues orders to take measures prescribed in subparagraphs 1 through 5, 8, and 9, it shall hear opinions of the Minister of Science and ICT: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Separation of the supply system of telecommunications services; |
| 2. | Amendment to internal accounting regulations, etc. concerning telecommunications services; |
| 3. | Disclosure of information concerning telecommunications services; |
| 4. | Conclusion, implementation or change of terms of an agreement between telecommunications business operators; |
| 5. | Amendment to the terms and conditions of use and the articles of incorporation of telecommunications business operators; |
| 6. | Suspension of prohibited acts; |
| 7. | Public announcement of a fact that an order for corrective measures is issued due to prohibited acts; |
| 8. | Measures necessary for correcting the violation caused by prohibited acts, such as the removal of telecommunications equipment; |
| 9. | Business process improvement for telecommunications services; |
| 10. | Prohibition against the recruitment of new users for up to three months (limited to where a violation is repeated at least three times even though the measures prescribed in subparagraphs 1 through 9 have been taken against such violation or where it is clearly recognized that such measures are not sufficient to prevent damage to users); |
| 11. | Other matters prescribed by Presidential Decree as may be necessary to take the measures referred to in subparagraphs 1 through 10. |
| (2) | Telecommunications business operators shall comply with an order issued by the Korea Communications Commission under paragraph (1) within a period specified by Presidential Decree: Provided, That the Korea Communications Commission may extend the relevant period only once, if it is deemed that the telecommunications business operator is unable to comply with such order within the specified period due to a natural disaster and any other unavoidable cause. <Amended on Dec. 11, 2018> |
| (3) | The Korea Communications Commission shall notify the relevant parties of the details of measures and provide them with an opportunity to state their opinions within a prescribed period before it orders them to take measures prescribed in paragraph (1), and where deemed necessary, it may request an interested party or witness to appear and state his or her opinions or request an appraiser to conduct appraisal: Provided, That this shall not apply where the relevant parties fail to state their opinions without good cause. <Amended on Dec. 11, 2018> |
| (4) | Upon ordering to take measures prescribed in paragraphs (1) through (3), the Korea Communications Commission shall notify the Minister of Science and ICT of such fact. <Newly Inserted on Jan. 27, 2016; Jul. 26, 2017> |
| (5) | The Minister of Science and ICT may order a telecommunications business operator who has failed to comply with an order issued under paragraph (1) within a period specified pursuant to paragraph (2) without good cause, to partially suspend business operations. <Newly Inserted on Jan. 27, 2016; Jul. 26, 2017> |
| (6) | The criteria, procedures, and other matters necessary for taking dispositions prescribed in paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016> |
| (7) | When the Minister of Science and ICT orders a facilities-based telecommunications business operator to partially suspend business operations pursuant to paragraph (5), the Minister may order him or her to take measures necessary to protect users, as prescribed in Article 19 (2). <Newly Inserted on Jan. 27, 2016; Jul. 26, 2017> |
| (8) | The Korea Communications Commission shall neither take any measures prescribed in paragraph (1) nor impose penalty surcharges prescribed in Article 53 for violating Article 50 (1) if five years have passed after such violation: Provided, That this shall not apply where any measure already taken or the imposition of a penalty surcharge is revoked by a court and a new measure is to be taken based on such decision. <Amended on Jan. 27, 2016> |
| Article 52-2 (Charges for Compelling Compliance concerning Measures Related to Prohibited Acts) |
| (1) | The Minister of Science and ICT may impose a charge for compelling compliance on a person who fails to comply with a corrective order issued under Article 52 (1) (hereafter referred to as "corrective order" in this Article) within a period specified by the corrective order, fixing a daily amount not exceeding 3/1,000 of the sales. In such cases, the criteria for calculation of sales shall be prescribed by Presidential Decree, taking into account correlation with the violation, duration and frequency of the violation, etc. <Amended on Jul. 26, 2017> |
| (2) | Before imposing a charge for compelling compliance pursuant to paragraph (1), the Minister of Science and ICT shall give a prior notice in writing as to the fact that the charge for compelling compliance will be imposed and collected. <Amended on Jul. 26, 2017> |
| (3) | In imposing a charge for compelling compliance pursuant to paragraph (1), the Minister of Science and ICT shall notify, in writing, the relevant person of the amount of the charge for compelling compliance, the grounds for imposition thereof, payment deadline, receiving agencies, methods of raising an objection, an institution to which an objection may be raised, and other relevant matters. <Amended on Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may impose and collect a charge for compelling compliance referred to in paragraph (1) every 90 days, based on the date the first corrective order was issued, repeatedly until such corrective order is complied with. <Amended on Jul. 26, 2017> |
| (5) | When a person in receipt of a corrective order complies with the order, the Minister of Science and ICT shall stop imposing a new charge for compelling compliance immediately, but the charge for compelling compliance already imposed shall be collected. <Amended on Jul. 26, 2017> |
| (6) | Where a person who has been subject to imposition of a charge for compelling compliance pursuant to paragraph (1) fails to pay it by the payment deadline, the Minister of Science and ICT shall collect it in the same manner as delinquent national taxes are collected. <Amended on Jul. 26, 2017> |
| (7) | Matters necessary for the imposition, payment, and collection of charges for compelling compliance, procedures for raising objections, and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 53 (Imposition of Penalty Surcharges for Prohibited Acts) |
| (1) | Where any act is committed, in violation of Article 50 (1), the Korea Communications Commission may impose a penalty surcharge on the relevant telecommunications business operator in an amount not exceeding 3/100 of his or her sales prescribed by Presidential Decree. In such cases, if the telecommunications business operator refuses to submit data necessary for the calculation of his or her sales or submits false data, such sales may be estimated based on financial statements and other accounting data of the relevant telecommunications business operator and the business operators providing the same or similar type of services, and data concerning the current status of business operations, such as the number of subscribers and service charges: Provided, That where there are no sales or where it is impracticable to calculate sales, as prescribed by Presidential Decree, a penalty surcharge may be imposed in an amount not exceeding one billion won. <Amended on Jun. 9, 2020> |
| (2) | Where a facilities-based telecommunications business operator who shall submit a business report prescribed in Article 49 falls under any of the following, the Minister of Science and ICT may impose a penalty surcharge on the relevant facilities-based telecommunications business operator in an amount not exceeding 3/100 of his or her sales prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Where he or she fails to submit a business report or to comply with an order to submit relevant materials under Article 49; |
| 2. | Where he or she fails to include important matters in a business report under Article 49 or includes false matters; |
| 3. | Where he or she fails to perform accounting or to keep books or source documents, in violation of Article 49 (1). |
| (3) | The Minister of Science and ICT or the Korea Communications Commission shall impose a penalty surcharge prescribed in paragraph (1) or (2) in consideration of the following matters: <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 19, 2021> |
| 1. | Details and severity of the violation; |
| 2. | Duration and frequency of the violation; |
| 3. | Scale of gains generated from the violation; |
| 4. | Sales related to the performance of prohibited acts or the violation of accounting rules by a telecommunications business operator. |
| 5. | Efforts to prevent violations, including the operation of self-compliance programs; |
| 6. | Results of evaluation on affairs of protecting users under Article 32 (2). |
| (4) | A penalty surcharge prescribed in paragraph (1) or (2) shall be calculated in consideration of paragraph (3), and detailed guidelines and procedures for calculation shall be prescribed by Presidential Decree. |
| (5) | Where a person liable to pay a penalty surcharge prescribed in paragraph (1) or (2) fails to do so by a payment deadline, the Minister of Science and ICT or the Korea Communications Commission shall collect 6/100 per annum of the penalty surcharge in arrears as an additional due from the day following the expiry of such payment deadline. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Where a person liable to pay a penalty surcharge prescribed in paragraph (1) or (2) fails to do so by a payment deadline, the Minister of Science and ICT or the Korea Communications Commission shall request him or her to pay it within a prescribed period, and, if he or she fails to pay the penalty surcharge and the additional due prescribed in paragraph (5) within the prescribed period, he or she or it shall collect them in the same manner as delinquent national taxes are collected. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (7) | The period for paying a penalty surcharge prescribed in paragraph (5) shall not exceed 60 months. <Newly Inserted on Oct. 15, 2014> |
| (8) | Where the penalty surcharge imposed pursuant to paragraph (1) or (2) is refunded on grounds of a court’s decision, etc., additional dues shall be paid at an interest rate determined by Presidential Decree taking into consideration interest rates of financial companies, etc. for a period from the date the penalty surcharge is paid to the date of such refund. <Amended on Oct. 15, 2014; Dec. 10, 2019> |
| (9) | Notwithstanding paragraph (8), where imposition of penalty surcharge is revoked by a court’s decision and a new penalty surcharge is to be imposed in accordance with the reason for the same decision, the additional dues to be paid shall be calculated based on the amount remaining after subtracting the newly imposed penalty surcharge from the already paid penalty surcharge. <Newly Inserted on Dec. 10, 2019> |
| Article 54 (Relationship to Other Statutes) |
Where a telecommunications business operator is subject to a measure taken under Article 52 (1) or a penalty surcharge prescribed in Article 53 for violating Article 50 (1), the telecommunications business operator shall not be subject to a corrective measure or penalty surcharge under the Monopoly Regulation and Fair Trade Act on the same ground. <Amended on Jan. 27, 2016>
| Article 55 (Compensation for Losses) |
Where a measure has been taken under Article 52 (1), a person who suffers losses from a prohibited act may claim compensation for losses against the telecommunications business operator who has committed such prohibited act, and the relevant telecommunications business operator may not be exempt from liability to compensate for losses unless he or she is able to prove that there was no malicious intention or negligence.
| Article 56 (Quality Improvement of Telecommunications Services) |
| (1) | A telecommunications business operator shall endeavor to improve the quality of telecommunications services he or she provides. |
| (2) | The Minister of Science and ICT shall formulate necessary policy, such as an evaluation of quality of telecommunications services, in order to improve the quality of telecommunications services and to enhance the convenience of users. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may order a telecommunications business operator to submit data necessary for the evaluation of quality of telecommunications services, etc. under paragraph (2). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 56-2 (Provision of Information on Telecommunications Services) |
| (1) | A telecommunications business operator shall provide users with information necessary to select telecommunications services, such as the areas where telecommunications services provided by him or her can be used and the methods of providing such services. |
| (2) | The types of information to be provided under paragraph (1), and the methods of and procedures for the provision of information shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall regularly inspect the current status of the provision of information pursuant to paragraph (1) and announce the results thereof annually. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 57 (Pre-Selection Systems) |
| (1) | The Minister of Science and ICT shall implement the systems in which users may select in advance a telecommunications business operator who is to provide telecommunications services thereto (hereinafter referred to as "pre-selection systems"). In such cases, the telecommunications services shall refer to telecommunications services determined by Presidential Decree among the same telecommunications services provided by multiple telecommunications business operators. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | No telecommunications business operator shall force users to select a specified telecommunications business operator in advance, or recommend or induce users to select a specified telecommunications business operator by unlawful means. |
| (3) | The Minister of Science and ICT may designate a specialized institute in charge of the affairs concerning registration of pre-selection or modification thereof (hereinafter referred to as "pre-selection registration center") in order to efficiently and neutrally implement the pre-selection systems, and matters necessary to designate a pre-selection registration center shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Dec. 1, 2015; Jul. 26, 2017> |
| (4) | Deleted. <Dec. 1, 2015> |
| Article 58 (Telephone Number Portability) |
| (1) | The Minister of Science and ICT may establish and implement a plan for telephone number portability (hereafter referred to in this Article as "plan for number portability") to enable users to retain their telephone numbers when changing from one telecommunications business operator to another. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A plan for number portability shall include the following matters: |
| 1. | Kinds of services subject to telephone number portability; |
| 2. | Timing for introducing telephone number portability for each service; |
| 3. | Matters concerning sharing of expenses incurred in implementing a plan for number portability among telecommunications business operators. |
| (3) | The Minister of Science and ICT may order the relevant telecommunications business operator to take measures necessary for the implementation of a plan for number portability. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may designate a specialized institution in charge of registration of number portability and modification thereof (hereinafter referred to as "number portability management institution") to efficiently and neutrally implement telephone number portability. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | Matters necessary for the implementation of telephone number portability, the designation of a number portability management institution, the operation of its affairs, 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 59 (Limitation on Mutual Holding of Shares) |
| (1) | Where a facilities-based telecommunications business operator falling under Article 39 (3) 1 or 2 (including affiliated persons) holds shares in excess of 5/100 of the total number of voting shares issued by another facilities-based telecommunications business operator, he or she shall not exercise voting rights attached to the shares held in excess of such threshold. |
| (2) | Paragraph (1) shall not apply to ownership relationship between a facilities-based telecommunications business operator falling under Article 39 (3) 1 or 2 and a facilities-based telecommunications business operator established by said facilities-based telecommunications business operator by becoming the largest shareholder. |
| Article 60 (Provision of Number Information Services) |
| (1) | A telecommunications business operator shall provide a service to inform the general public of the telephone numbers of users by means of voice, booklets, the Internet, etc. (hereinafter referred to as "number information service") by obtaining a consent from users: Provided, That the same shall not apply to minor business affairs determined and publicly notified by the Minister of Science and ICT in consideration of the numbers of users, sales, etc. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may restrict the provision of number information services, if necessary for protecting personal information. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Matters necessary for the provision of number information services may be prescribed by Presidential Decree. |
| Article 60-2 (Blocking Use of Communications Terminal Devices Reported Missing) |
| (1) | In order to block the use of any of the following communications terminal devices, a telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall share the unique international identification number (hereinafter referred to as "unique identification number") of the relevant communications terminal device with other telecommunications business operators: <Amended on Jun. 10, 2022> |
| 1. | A communications terminal device reported by a user to a telecommunications business operator for reasons such as loss or theft; |
| (2) | The Minister of Science and ICT may designate a specialized institution for the efficient sharing of unique identification numbers. <Amended on Jul. 26, 2017> |
| (3) | Where necessary to block the use of a communications terminal device prescribed in any subparagraph of paragraph (1), the Minister of Science and ICT may request cooperation from the heads of relevant public institutions and public institutions. <Amended on Jul. 26, 2017; Jun. 10, 2022> |
| (4) | Necessary matters for the designation of specialized institutions referred to in paragraph (2), handling of business thereof, etc. shall be determined by Presidential Decree. |
[This Article Newly Inserted on Aug. 13, 2013]
| Article 60-3 (Prohibition of Damage to Unique Identification Numbers) |
With intent to obstruct blocking the use of a communications terminal device prescribed in any subparagraph of Article 60-2 (1), no person shall damage, forge, or alter the unique identification number of such communications terminal device. <Amended on Jun. 10, 2022> [This Article Newly Inserted on Aug. 13, 2013]
CHAPTER V TELECOMMUNICATIONS EQUIPMENT
SECTION 1 Commercial Telecommunications Equipment
| Article 61 (Maintenance and Repair of Telecommunications Equipment) |
A telecommunications business operator shall maintain and repair his or her own telecommunications equipment in compliance with the technical standards prescribed by Presidential Decree so as to reliably provide his or her telecommunications services.
| Article 62 (Reporting on and Approval for Installation of Telecommunications Equipment) |
| (1) | Where a facilities-based telecommunications business operator intends to install or change important telecommunications equipment, he or she shall submit a report to the Minister of Science and ICT in advance, as prescribed by Presidential Decree: Provided, That with respect to telecommunications equipment installed for the first time using a new telecommunications technology, the facilities-based telecommunications business operator shall obtain approval from the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The scope of important telecommunications equipment prescribed in paragraph (1) shall be prescribed and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 63 (Joint Installation of Telecommunications Equipment) |
| (1) | A facilities-based telecommunications business operator may install and use telecommunications equipment jointly with other facilities-based telecommunications business operators through consultations thereon with them. |
| (2) | Facilities-based telecommunications business operators whose scale of business, etc. meets the criteria prescribed by Presidential Decree, shall organize and operate a council for joint construction of telecommunications equipment prescribed in paragraph (1). <Amended on Oct. 15, 2014> |
| (3) | The Minister of Science and ICT shall determine and publicly notify the standards for the organization and operation procedures of the council, the scope of facilities, areas subject to consultation, etc. prescribed in paragraph (2). <Amended on Oct. 15, 2014; Jul. 26, 2017> |
| (4) | If necessary for the efficient promotion of joint installation of telecommunications equipment prescribed in paragraph (1), the Minister of Science and ICT may designate an institution to be dedicated to the relevant affairs. <Newly Inserted on Oct. 15, 2014; Jul. 26, 2017> |
| (5) | Matters necessary for the designation of a dedicated institution prescribed in paragraph (4) and the methods, etc. of the handling its business affairs shall be determined and publicly notified by the Minister of Science and ICT. <Newly Inserted on Oct. 15, 2014; Jul. 26, 2017> |
| (6) | In any of the following cases, the Minister of Science and ICT may recommend that a facilities-based telecommunications business operator prescribed in paragraphs (1) and (2) jointly install telecommunications equipment, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| 1. | Where consultation held under paragraph (1) fails to lead to an agreement, and the relevant facilities-based telecommunications business operator makes a request; |
| 2. | Where deemed necessary for promoting public interests. |
| (7) | Where it is necessary for a facilities-based telecommunications business operator to use land, buildings, etc. owned by the State, local governments, public institutions under the Act on the Management of Public Institutions (hereafter referred to as "public institutions" in this Article) or other facilities-based telecommunications business operators for the joint installation of telecommunications equipment, and where consultation fails to lead to an agreement on the use of such land, buildings, etc., the facilities-based telecommunications business operator may request the Minister of Science and ICT to cooperate in the use of the relevant land, buildings, etc. <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
| (8) | Where the Minister of Science and ICT receives a request for cooperation prescribed in paragraph (7), he or she may request the State agencies, local governments, the heads of public institutions, or other facilities-based telecommunications business operators to respond to consultation on the use of the relevant land, buildings, etc. with the facilities-based telecommunications business operator who makes a request for cooperation prescribed in paragraph (7). In such cases, the State agencies, local governments, the heads of public institutions, or other facilities-based telecommunications business operators shall respond to the consultation with the facilities-based telecommunications business operator without good cause. <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017> |
SECTION 2 Private Telecommunications Equipment
| Article 64 (Installation of Private Telecommunications Equipment) |
| (1) | Any person who intends to install private telecommunications equipment shall report thereon to the competent Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor or the Special Self-Governing Province Governor (hereinafter referred to as the “Mayor/Do Governor”) having jurisdiction over the location of the office where his or her main equipment are installed, as prescribed by Presidential Decree. The same shall also apply where he or she intends to change any important matter prescribed by Presidential Decree, among reported matters. <Amended on Mar. 23, 2013; Dec. 1, 2015> |
| (2) | Notwithstanding paragraph (1), other statutes shall apply to private wireless telecommunications equipment and military telecommunications equipment, if otherwise provided in such other statutes. |
| (3) | Where a person who has reported on the installation of private telecommunications equipment or filed a report on modification thereof pursuant to paragraph (1) completes the installation works or modified installation works, he or she shall obtain prior confirmation from the competent Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Dec. 1, 2015> |
| (4) | Notwithstanding paragraph (1), private telecommunications equipment prescribed by Presidential Decree may be installed without reporting. |
| Article 65 (Restrictions on Use for Other Purposes) |
| (1) | No person who has installed private telecommunications equipment shall mediate a third party's communications through such equipment or operate such equipment, contrary to the purposes of installation: Provided, That this shall not apply where he or she uses them for any of the following purposes to the extent prescribed by other statutes or to the extent that does not impede the purposes of installation: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Cases of allowing a police officer or a person engaged in disaster relief to use private telecommunications equipment for the maintenance of public order or for emergency disaster relief; |
| 2. | Cases of using private telecommunications equipment between a person who installs such equipment and a person in a special business relationship with him or her, as publicly notified by the Minister of Science and ICT. |
| (2) | A person who has installed private telecommunications equipment may provide his or her own telecommunications equipment, such as ducts or cables, to facilities-based telecommunications business operators, as prescribed by Presidential Decree. |
| (3) | Articles 35, 44 (excluding Article 44 (6)) and 45 through 47 shall apply mutatis mutandis to the provision of equipment prescribed in paragraph (2). <Amended on Oct. 15, 2014> |
| (4) | Where a person who has installed private telecommunications equipment has violated paragraph (1), the Minister of Science and ICT may order him or her to suspend the use thereof for up to one year. In such cases, the Minister of Science and ICT shall notify the Mayor/Do Governor having jurisdiction over the relevant place, of the fact that he or she has issued an order to suspend the use. <Newly Inserted on Dec. 1, 2015; Jul. 26, 2017> |
| Article 66 (Procurement of Communications in Cases of Emergency) |
| (1) | The Minister of Science and ICT may order a person who has installed private telecommunications equipment to engage in telecommunications business or other important communications business or to connect his or her telecommunications equipment with other telecommunications equipment, in case of war, upheaval, natural disaster or any national emergency equivalent thereto or if such emergency is likely to occur. In such cases, Articles 28 through 32 and 33 through 55 shall apply mutatis mutandis. <Amended on Mar. 23, 2013; Aug. 13, 2013; Jul. 26, 2017> |
| (2) | In cases falling under paragraph (1), if deemed necessary, the Minister of Science and ICT may require a facilities-based telecommunications business operator to engage in the relevant business. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | In cases falling under paragraph (1), expenses incurred in engaging in the relevant business and connecting equipment shall be reimbursed by the Government: Provided, That where private telecommunications equipment is used for telecommunications services, expenses incurred in relation thereto shall be reimbursed by the facilities-based telecommunications business operator who uses such equipment. |
| Article 67 (Corrective Orders Issued to Installers of Private Telecommunications Equipment) |
| (1) | Where a person who has installed private telecommunications equipment violates this Act or any order issued under this Act in connection with the installation, change, or operation of private telecommunications equipment (excluding where they are operated, in violation of Article 65 (1)), a Mayor/Do Governor may order him or her to take a corrective measure within a prescribed period. <Amended on Mar. 23, 2013; Dec. 1, 2015; Jun. 9, 2020> |
| (2) | Where a person who has installed private telecommunications equipment falls under any of the following subparagraphs, a Mayor/Do Governor may order him or her to suspend the use of such equipment for up to one year: <Amended on Mar. 23, 2013; Dec. 1, 2015> |
| 1. | Where he or she fails to comply with a corrective order issued under paragraph (1); |
| 2. | Where he or she uses private telecommunications equipment without confirmation, in violation of Article 64 (3); |
| 3. | Deleted. <Dec. 1, 2015> |
| (3) | Where it is deemed that private telecommunications equipment is likely to impede a third party's telecommunications or to harm a third party's telecommunications equipment, a Mayor/Do Governor may order a person who has installed such private telecommunications equipment to suspend the use of his or her equipment, to reform or repair them, or to take other necessary measures. <Amended on Mar. 23, 2013; Dec. 1, 2015> |
SECTION 3 Joint Installation of Telecommunications Equipment
| Article 68 (Installation of Conduits or Ducts) |
| (1) | Any person who installs or constructs any of the following facilities (hereinafter referred to as "facility installer") shall hear the opinions of a facilities-based telecommunications business operator on the installation of common utility conduits, ducts, etc. that can carry telecommunications equipment and shall reflect them in the installation or construction of such facilities: Provided, That this shall not apply where it is impracticable for him or her to reflect the opinions of the facilities-based telecommunications business operator in special circumstances: <Amended on Jan. 7, 2014; Jan. 14, 2014; Mar. 29, 2016> |
| 8. | Other facilities or sites prescribed by Presidential Decree. |
| (2) | A facilities-based telecommunications business operator shall present his or her opinions on the installation of common utility conduits, ducts, etc. prescribed in paragraph (1) in compliance with guidelines for installing conduits prescribed by Presidential Decree. |
| (3) | Articles 35, 44 (excluding Article 44 (6)) and 45 through 47 shall apply mutatis mutandis to the provision of common utility conduits, ducts, etc. established under paragraph (1). <Amended on Oct. 15, 2014> |
| (4) | Where a facility installer is unable to reflect the opinions of a facilities-based telecommunications business operator prescribed in paragraph (1), he or she shall notify the relevant facilities-based telecommunications business operator of the grounds therefor within 30 days after the date such opinions are received. |
| (5) | Where a facility installer fails to reflect the opinions of a facilities-based telecommunications business operator prescribed in paragraph (1), the relevant facilities-based telecommunications business operator may request the Minister of Science and ICT to conduct a mediation. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Where the Minister of Science and ICT intends to provide mediatory suggestions upon receipt of a request for mediation prescribed in paragraph (5), he or she shall consult with the head of the relevant central administrative agency in advance. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (7) | Matters necessary for mediation prescribed in paragraphs (5) and (6) shall be prescribed by Presidential Decree. |
| Article 69 (Establishment of Building Telecommunications Cabling Systems for Premise Use) |
| (1) | A building under Article 2 (1) 2 of the Building Act shall be equipped with the building telecommunications cabling systems, etc. for premise use, and shall secure a certain space for connection with telecommunications line equipment. |
| (2) | Matters necessary for the scope of buildings, guidelines for establishing the telecommunications cabling systems, etc. and securing a space for connection with telecommunications line equipment pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 69-2 (Installation of Mobile Communication Equipment for Premise Use) |
| (1) | Mobile communication equipment for premise use (referring to telecommunications equipment necessary to use facilities-based telecommunications services that use the radio frequencies allocated under the Radio Waves Act) shall be installed at each of the following facilities: |
| 1. | A building prescribed by Presidential Decree, the total floor area of which is at least 1,000 square meters, among buildings defined in Article 2 (1) 2 of the Building Act; |
| 2. | Houses and facilities constructed in a housing complex prescribed by Presidential Decree, the scale of which is at least 500 households, among housing complexes defined in subparagraph 12 of Article 2 of the Housing Act; |
| (2) | Matters necessary for the types of mobile communication equipment for premise use that should be installed under paragraph (1) and the criteria and procedures for the installation thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 70 Deleted. <Dec. 1, 2015> |
| Article 71 Deleted. <Dec. 1, 2015> |
SECTION 4 Installation and Preservation of Telecommunications Equipment
| (1) | If it is necessary for the installation of lines, antennas, and their appurtenant facilities to be available for telecommunications services (hereinafter referred to as "lines, etc."), a facilities-based telecommunications business operator may use a third party's land, or buildings and artificial structures attached thereto, and surface and bottom of the water (hereinafter referred to as "land, etc."). In such cases, the facilities-based telecommunications business operator shall consult with the owners or occupants of the relevant land, etc. in advance. <Amended on Dec. 1, 2015; Jun. 9, 2020> |
| Article 73 (Temporary Use of Land) |
| (1) | If it is necessary for the measurement of lines, etc. and the installation works or preservation works of telecommunications equipment, a facilities-based telecommunications business operator may temporarily use private, national or public telecommunications equipment and land, etc. to the extent that does not substantially impede the current use thereof. |
| (2) | No person shall impede the measurement of lines, etc., the installation works or preservation works of telecommunications equipment and the temporary use of telecommunications equipment and land, etc. under paragraph (1) without good cause. |
| (3) | When a facilities-based telecommunications business operator intends to temporarily use private, national or public property under paragraph (1), he or she shall notify the occupants, in advance, of the purposes of and period for such use: Provided, That where it is difficult to give prior notice, he or she shall give prompt notice during or after the use, and where he or she is unable to notify the purposes of and period for the use as the address and residence of an occupant is unknown, he or she shall publicly announce them. |
| (4) | No period of temporary use of land, etc. under paragraph (1) may exceed six months. |
| (5) | A person who temporarily uses private, national or public telecommunications equipment or land, etc. under paragraph (1) shall carry a document indicating his or her authority, and present it to interested persons. |
| Article 74 (Entry to Land) |
| (1) | A facilities-based telecommunications business operator may enter a third party's land, etc., if necessary for the measurement, inspection, etc., to install and preserve his or her telecommunications equipment: Provided, That where the place he or she intends to enter is a residential building, a consent from residents shall be obtained. |
| (2) | No person shall impede the measurement, inspection, etc. to install or preserve telecommunications equipment and entry to land, etc. under paragraph (1) without good cause. |
| (3) | Article 73 (3) and (5) shall apply mutatis mutandis to the notification and presentation of a document if a person engaging in the measurement, inspection, etc. under paragraph (1) enters private, national or public land, etc. |
| Article 75 (Requests for Removal of Obstacles) |
| (1) | A facilities-based telecommunications business operator may request the owners or users of gas pipes, water pipes, drain pipes, electric lamp lines, power lines or private telecommunications equipment, which impede or are likely to impede the installation of lines, etc. or private telecommunications equipment (hereinafter referred to as "obstacles, etc.") to relocate, reform, or repair them or to take other necessary measures. |
| (2) | A facilities-based telecommunications business operator may request the owners or persons in possession of plants, which impede or are likely to impede the installation or maintenance of lines, etc. or telecommunications to remove such plants. |
| (3) | Where an owner or a person in possession of a plant fails to comply with a request made under paragraph (2), or where there exists any unavoidable cause, a facilities-based telecommunications business operator may fell or transplant the relevant plant by obtaining permission from the Minister of Science and ICT. In such cases, he or she shall notify the owner or the person in possession of the relevant plant of such fact without delay. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Where obstacles, etc., which impede or are likely to impede the telecommunications equipment of a facilities-based telecommunications business operator, need to be newly established, enlarged, improved, removed, or changed, the owner or user of such obstacles, etc. shall consult with the facilities-based telecommunications business operator, in advance. <Amended on Jun. 9, 2020> |
| Article 76 (Obligation for Reinstatement) |
Where the use of land, etc. under Articles 72 and 73 is terminated or it is no longer necessary to provide land, etc. used for telecommunications services, a facilities-based telecommunications business operator shall reinstate the relevant land, etc., and where it is impracticable to reinstate the relevant land, etc., he or she shall properly compensate for any losses suffered by the owners or users.
| Article 77 (Compensation for Losses) |
Where a facilities-based telecommunications business operator causes losses to a third party in cases falling under Article 73 (1), 74 (1), or 75, he or she shall compensate the third party for such losses.
| Article 78 (Procedures for Compensation for Losses to Land) |
| (1) | Where a facilities-based telecommunications business operator compensates for any losses pursuant to Article 76 or 77 on any of the following grounds, he or she shall consult with the person who suffered such losses: |
| 1. | Temporary use of land, etc. under Article 73 (1); |
| 3. | Relocation, reform or repair of obstacles, etc. or removal of plants under Article 75; |
| 4. | Impossibility of reinstatement under Article 76. |
| Article 79 (Protection of Telecommunications Equipment) |
| (1) | No person shall destroy telecommunications equipment, or obstruct telecommunications by impeding the functions of telecommunications equipment by means of contacting other objects with them or by any other means. |
| (2) | No person shall impair telecommunications equipment or damage measurement marks of telecommunications equipment by means of throwing any object at the telecommunications equipment or tying an animal, vessel or a log raft thereto. <Amended on Jun. 9, 2020> |
| (3) | If necessary to protect telecommunication cables or supplementary facilities laid on the seabed (hereafter referred to as "submarine cable"), a facilities-based telecommunications business operator may file an application for the designation of a submarine cable zone with the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Upon receipt of an application under paragraph (3), the Minister of Science and ICT may designate and publicly notify a submarine cable zone, after examining the need for such designation and conducting consultations with the head of the relevant central administrative agency. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | Matters necessary for application for designation of a submarine cable zone, methods and procedures for designation and public notice, methods of installing warning signs, etc. shall be prescribed by Presidential Decree. |
| Article 80 (Relocation of Equipment) |
| (1) | Where telecommunications equipment of a facilities-based telecommunications business operator impedes the use of land, etc. in which they are located due to changes to the purposes or methods of using such land, etc. or land adjacent thereto, the owner or occupant of such land, etc. may request the facilities-based telecommunications business operator to relocate the telecommunications equipment, or to take other necessary measures to remove the impediment. |
| (2) | A facilities-based telecommunications business operator shall, upon receipt of a request under paragraph (1), take necessary measures unless he or she has a difficulty in business operations or a technical difficulty. |
| (3) | Expenses incurred in taking measures under paragraph (2) shall be reimbursed by a person who has made it necessary to take measures to relocate the relevant equipment or to remove the impediment after installation of the equipment: Provided, That where a person who is liable to reimburse the expenses is the owner or occupant of the relevant land, etc. and falls any of the following subparagraphs, a facilities-based telecommunications business operator may reduce or exempt expenses to be reimbursed by such owner or occupant, taking into account the amount of compensation at the time of the installation of the equipment and the period for the installation thereof: |
| 1. | Where a facilities-based telecommunications business operator develops and implements plans for the relocation of the relevant telecommunications equipment or for the removal of the impediments; |
| 2. | Where the relocation of the relevant telecommunications equipment or removal of the impediments is beneficial to other telecommunications equipment; |
| 3. | Where the State or a local government requests the relocation of the relevant telecommunications equipment or removal of the impediments; |
| 4. | Where telecommunications equipment installed in private land is relocated because they substantially impede the use of such private land. |
| Article 81 (Cooperation with Other Organizations) |
A facilities-based telecommunications business operator may ask the relevant public agencies for a cooperation, where the operation of vehicles, vessels, airplanes and other carriers is necessary for the installation and preservation of his or her telecommunications equipment. In such cases, upon receipt of a request for cooperation, the public agency shall comply with the request without good cause.
| Article 82 (Inspection and Reporting) |
| (1) | In cases prescribed by Presidential Decree, such as where it is necessary for the formulation of telecommunications policies, the Minister of Science and ICT may inspect the current installation status, books or documents of a person who has installed telecommunications equipment or require him or her to report on his or her equipment. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Where a person has installed telecommunications equipment in violation of this Act, the Minister of Science and ICT may order him or her to remove the relevant equipment or to take other necessary measures. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 83 (Protection of Confidentiality of Communications) |
| (1) | No person may infringe on or divulge the confidentiality of communications carried by telecommunications business operators. |
| (2) | No person who is or has engaged in telecommunications services shall divulge a third party's confidential information with respect to communications obtained in the course of performance of his or her duties. <Amended on Jun. 9, 2020> |
| (3) | A telecommunications business operator may comply with a request for the perusal or provision of any of the following data (hereinafter referred to as "provision of communications data") from a court, a prosecutor, the head of an investigative agency (including the head of a military investigative agency, the Commissioner of the National Tax Service, and the Commissioner of a Regional Tax Office; hereinafter the same shall apply) or the head of an intelligence and investigation agency, for the purpose of conducting a trial or an investigation (including the investigation of a violation committed by means of a telephone, the Internet, etc. among the offenses prescribed in Article 10 (1), (3) and (4) of the Punishment of Tax Offenses Act), executing a sentence, or collecting information aimed at preventing any harm to the guarantee of national security: |
| 2. | Resident registration numbers of users; |
| 4. | Phone numbers of users; |
| 5. | User identification word (referring to the identification codes of users used to identify the rightful users of computer systems or communications networks); |
| 6. | Dates on which users subscribe or terminate their subscriptions. |
| (4) | Requests for provision of communications data under paragraph (3) shall be made in writing (hereinafter referred to as "written request for provision of data"), which states a reason for such request, relation with the relevant user, and the scope of necessary data: Provided, That where the urgency of the situation makes it impossible to make a request in writing, such request may be made not in writing, and when such reason ceases to exist, a written request for provision of data shall be filed with the telecommunications business operator without delay. <Amended on Jun. 9, 2020> |
| (5) | Where a telecommunications business operator provides communications data according to procedures under paragraphs (3) and (4), he or she shall retain the ledgers prescribed by Presidential Decree, which contain necessary matters, such as records indicating that communications data are provided, and the related materials, such as written requests for provision of data. |
| (6) | A telecommunications business operator shall report on the current status, etc. of the provision of communications data, to the Minister of Science and ICT twice a year, in accordance with the methods prescribed by Presidential Decree, and the Minister of Science and ICT may ascertain whether the details of a report submitted by a telecommunications business operator are correct and the management status of related materials under paragraph (5). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (7) | A telecommunications business operator shall, in accordance with the methods prescribed by Presidential Decree, notify details entered in the ledgers under paragraph (5) to the head of a central administrative agency whereto a person requesting the provision of communications data under paragraph (3) belongs: Provided, That where a person who requests the provision of communications data is a court, the relevant telecommunications business operator shall notify the Minister of the National Court Administration thereof. |
| (8) | A telecommunications business operator shall establish and operate a department dedicated to the affairs related to users' communication secrets; matters concerning the function, organization, etc. of the relevant department shall be prescribed by Presidential Decree. |
| (9) | Matters necessary for the scope of persons with an authority to grant approval for written requests for provision of data shall be prescribed by Presidential Decree. |
| Article 84 (Notification of Caller's Phone Number) |
| (1) | A telecommunications business operator may, upon a request from a receiver, notify him or her of a caller's phone number: Provided, That this shall not apply where the caller expresses his or her intent to refuse the transmission of his or her phone number. |
| (2) | A telecommunications business operator may notify a receiver of a caller's phone number, etc., notwithstanding the proviso of paragraph (1), in any of the following cases: |
| 1. | Where the receiver makes a request to notify the caller's phone number under the requirements and procedures prescribed by Presidential Decree in order to protect the receiver from verbal abuse, threats, harassment, etc.; |
| 2. | Where it is prescribed by Presidential Decree for national security, crime prevention, disaster relief, etc. when providing phone services with special numbers. |
| (3) | Deleted. <Oct. 15, 2014> |
| (4) | Deleted. <Oct. 15, 2014> |
| Article 84-2 (Prohibition against Using False Phone Numbers and Protection of Users) |
| (1) | No person shall fabricate or use a false phone number of a caller while making phone calls (including text messages; hereafter the same shall apply in this Article) for making financial profits by deceiving other persons or for harming them by verbal abuse, threats, harassment, etc. |
| (2) | No person shall provide services for fabricating or using a false phone number of a caller for profit: Provided, That this shall not apply to good cause, such as for public interests or offering convenience to receivers. |
| (3) | In order to prevent damage to users arising from the falsified phone numbers, a telecommunications business operator shall take the following measures: Provided, That this shall not apply where good cause exists under the proviso of paragraph (2): <Amended on Jul. 26, 2017> |
| 1. | Measures to block the phone call from a fabricated or otherwise falsified phone number or to transmit the phone call after correcting such number to the normal phone number of the caller; |
| 2. | Measures to inform that a phone call from overseas to a local receiver is an overseas call; |
| 3. | Measures to block telecommunications services provided via the relevant phone circuit of a person who has transmitted fabricated or otherwise falsified phone number; |
| 4. | Other matters prescribed by the Minister of Science and ICT to protect users. |
| (4) | In order to ascertain the implementation of the measures referred to in paragraph (3) or to prevent the spread of damage to users, the Minister of Science and ICT may request a telecommunications business operator to allow perusal of or submit the following data or may conduct necessary inspections: <Amended on Jul. 26, 2017> |
| 1. | Where a phone call from a fabricated or otherwise falsified phone number has been blocked, the relevant phone number, timing for blocking, and the name of the business operator who called; |
| 2. | Where a report has been filed by a receiver on a fabricated or otherwise falsified phone number, the name of the business operator who called; |
| 3. | Other related data for ascertaining the implementation of the measures referred to in subparagraphs of paragraph (3). |
| (6) | The Minister of Science and ICT may determine and publicly notify the good cause referred to in the proviso of paragraph (2) and the detailed procedures and methods for taking the measures prescribed in the subparagraphs of paragraph (3) and for implementation under paragraph (4). <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Oct. 15, 2014]
| Article 85 (Restrictions on, and Suspension of, Business) |
The Minister of Science and ICT may order a telecommunications business operator to fully or partially restrict or suspend telecommunications services in order to secure major telecommunications, as prescribed by Presidential Decree, in case of war, upheaval, natural disaster or any national emergency equivalent thereto or if such emergency is likely to occur or if there exists any unavoidable cause. <Amended on Mar. 23, 2013; Jul. 26, 2017>
| Article 86 (Approval for International Telecommunications Services) |
| (1) | When any special provisions concerning international telecommunications services are included in treaties or agreements signed by the Government, those provisions shall govern. |
| (2) | Where a telecommunications business operator intends to enter into an agreement for cross-border provision of facilities-based telecommunications services referred to in Article 87 (1) and an agreement on international telecommunications services prescribed by Presidential Decree, he or she shall obtain approval from the Minister of Science and ICT after satisfying the requirements prescribed by Presidential Decree; and the same shall also apply to any amendment to or revocation of such agreements: Provided, That if a telecommunications business operator satisfies all of the following requirements or falls under the proviso of Article 6 (1), he or she may enter into such agreement without approval from the Minister of Science and ICT: <Amended on Mar. 23, 2013; Aug. 13, 2013; Jul. 26, 2017; Dec. 24, 2018> |
| 1. | A person intending to provide facilities-based telecommunications services shall be a person of a foreign country which is party to a free trade agreement determined and publicly notified by the Minister of Science and ICT from among bilateral or multilateral free trade agreements entered into and in effect between the Republic of Korea and foreign countries; |
| 2. | Facilities-based telecommunications services for transmitting voice, data, video, etc. related to television or radio broadcasting between broadcasting business operators shall be provided using a satellite; |
| 3. | Facilities-based telecommunications services shall not be provided between domestic broadcasting business operators. |
| (3) | Where a telecommunications business operator who provides facilities-based telecommunications services enters into an agreement for adjusting international telecommunications service charges with a foreign government or a foreigner, he or she shall report thereon to the Minister of Science and ICT: Provided, That this shall not apply to a telecommunications business operator who satisfies the requirements prescribed by Presidential Decree, such as the size of telecommunications equipment, capital, whether it grants phone numbers, etc. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Deleted. <Aug. 13, 2013> |
| (5) | Matters necessary for reporting under paragraph (3) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Aug. 13, 2013; Jul. 26, 2017> |
| Article 87 (Cross-Border Provision of Facilities-Based Telecommunications Services) |
| (1) | Where a person intends to provide facilities-based telecommunications services from abroad to Korea without establishing any place of business in Korea (hereinafter referred to as "cross-border provision of facilities-based telecommunications services"), he or she shall enter into an agreement on cross-border provision of facilities-based telecommunications services with a domestic facilities-based telecommunications business operator who provides the same facilities-based telecommunications services. <Amended on Dec. 24, 2018> |
| (2) | Articles 28, 32, 33, 45 through 47, 50 through 55, 83, 84, 84-2, 85, 88, and 92 of the Act and Article 44-7 of the Act on Promotion of Information and Communications Network Utilization and Information Protection shall apply mutatis mutandis to the provision of services under an agreement concluded pursuant to paragraph (1) by a facilities-based telecommunications business operator. <Amended on Oct. 15, 2014; Dec. 24, 2018> |
| (3) | Where a person who intends to provide cross-border facilities-based telecommunications services under paragraph (1), or a facilities-based telecommunications business operator who has entered into an agreement with such person, violates the relevant provisions applicable mutatis mutandis under paragraph (2), the Minister of Science and ICT may revoke approval granted under Article 86 (2), or may issue an order to fully or partially suspend the cross-border provision of facilities-based telecommunications services under the relevant agreement for up to one year. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018> |
| (4) | Criteria and procedures for imposing dispositions prescribed in paragraph (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 87-2 (Indication of Warning Labels) |
| (1) | A person who manufactures, imports, and sells mobile communication terminals may attach warning labels to mobile communication terminals to the effect that it is dangerous to use a mobile communication terminal while in motion. |
| (2) | The Government may provide necessary support, such as the granting of a subsidy to cover the expenses incurred under paragraph (1). |
| (3) | Matters necessary for the details of the warning phrases, and methods, etc. of the attachment thereof under paragraph (1) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Oct. 15, 2014]
| Article 88 (Reporting on Statistics) |
| (1) | A telecommunications business operator shall report to the Minister of Science and ICT on the statistics on the provision of telecommunications services prescribed by Presidential Decree, such as the current status of facilities, subscription records, and current status of users for each type of telecommunications services, including the data related to telephone traffic required for imposing and collecting charges, and shall retain the related data, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A facilities-based telecommunications business operator and shareholders thereof shall submit the related data necessary for verification of the matters prescribed in Article 8 as prescribed by Presidential Decree. <Amended on Dec. 24, 2018> |
| (3) | To verify the matters in paragraph (2), or to verify the authenticity of the data submitted, the Minister of Science and ICT may request administrative agencies and other related agencies to examine the data submitted or to submit the related materials. In such cases, the agencies in receipt of such request shall comply with it, without good cause. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | A Mayor/Do Governor shall report the following matters to the Minister of Science and ICT, as prescribed by Presidential Decree; and shall retain the relevant data: <Newly Inserted on Dec. 1, 2015; Jul. 26, 2017> |
| 1. | Current status of the reports on installation of private telecommunications equipment and of reports on modification filed under Article 64 (1); |
| 2. | Current status of the corrections, suspension of use, reform or repair of private telecommunications equipment, and of other measures taken under Article 67; |
| 3. | Current status of imposition of penalty surcharges prescribed in Article 90 (2); |
| 4. | Current status of imposition of administrative fines prescribed in Article 104 (5) 10. |
Where the Minister of Science and ICT intends to impose any of the following dispositions, he or she shall hold a hearing: <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020>
| 1. | To fully or partially cancel the registration of a facilities-based telecommunications business operator under Article 20 (1); |
| 2. | To fully or partially close the value-added telecommunications business under Article 27 (1); |
| Article 90 (Imposing Penalty Surcharges) |
| (1) | Where an order for business suspension to be issued to a telecommunications business operator who falls under the subparagraphs of Article 20 (1), any subparagraph of Article 27 (1) (excluding cases falling under Article 27 (1) 3-4), or Article 52 (5) causes substantial inconvenience to the users, etc. of the relevant business or is likely to undermine public interests, the Minister of Science and ICT may impose a penalty surcharge in an amount not exceeding 3/100 of the sales calculated in accordance with Presidential Decree in lieu of the order for business suspension. In such cases, where the telecommunications business operator refuses to submit materials for the calculation of sales or submits any false materials, the sales may be estimated based on the financial statements and other accounting data of the relevant telecommunications business operator and the business operators providing the same or similar types of services, and data concerning the current status of business operations, such as the number of subscribers and service charges: Provided, That where there are no sales or it is impracticable to calculate the sales, as prescribed by Presidential Decree, a penalty surcharge may be imposed in an amount not exceeding one billion won. <Amended on Mar. 23, 2013; Jan. 27, 2016; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020> |
| (2) | Where an order to suspend the use of private telecommunications equipment under Article 65 (4) or 67 (2) causes substantial inconvenience to the users of telecommunications services provided with the relevant private telecommunications equipment or is likely to undermine public interests, the Minister of Science and ICT or a Mayor/Do Governor may impose a penalty surcharge not exceeding one billion won in lieu of an order to suspend the use thereof. <Amended on Mar. 23, 2013; Dec. 1, 2015; Jul. 26, 2017> |
| (3) | Detailed standards for imposing penalty surcharges under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | Article 53 (5) through (9) shall apply mutatis mutandis to additional dues, demands, and collection of penalty surcharges, and additional payment on refund under paragraphs (1) and (2). <Amended on Oct. 15, 2014; Dec. 10, 2019> |
| Article 91 (Extension of Payment Deadlines for Penalty Surcharges and Payment in Installments) |
| (1) | Where a penalty surcharge to be paid by a telecommunications business operator under Articles 53 and 90 exceeds an amount prescribed by Presidential Decree, and where a person liable to pay a penalty surcharge is deemed to have difficulty paying it in lump sum on any of the following grounds, the Minister of Science and ICT or the Korea Communications Commission may either extend the payment deadline, or permit him or her to pay it in installments. In such cases, the Commission may require him or her to provide a security therefor, if deemed necessary: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Where he or she suffers a severe financial loss due to natural disasters, fire, etc.; |
| 2. | Where his or her business faces a serious crisis due to worsening business conditions; |
| 3. | Where it is expected that he or she will be in great financial difficulty if he or she pays the penalty surcharge in a lump sum. |
| (2) | Matters necessary for extension of a deadline for the payment of penalty surcharges, the payment in installments, and the provision of a security shall be prescribed by Presidential Decree. |
| Article 92 (Corrective Orders) |
| (1) | The Minister of Science and ICT or the Korea Communications Commission may issue a corrective order to any of the following telecommunications business operators or facility management authorities, based upon affairs falling under his or her or its jurisdiction. In such cases, where the Korea Communications Commission issues a corrective order for violating Article 22-5, it shall notify the Korea Communications Standards Commission established under Article 18 of the Act on the Establishment and Operation of Korea Communications Commission of such fact: <Amended on Mar. 23, 2013; Aug. 13, 2013; Oct. 15, 2014; Jan. 20, 2015; Dec. 1, 2015; Jan. 27, 2016; Jul. 26, 2017; Dec. 24, 2018; Jun. 9, 2020; Sep. 14, 2021> |
| 1. | Where he or she violates Article 3, 4, 4-2, 6, 9 through 11, 14 through 22, 22-3 through 22-5, 22-7, 22-9, 23, 24, 26 through 28, 30 through 32, 32-3, 32-4, 32-6, 32-7, 32-8, 33 through 35, 35-2, 36 through 44, 47 through 49, 51, 56 through 60, 60-2, 60-3, 61, 62, 64 through 66, 69, 73 through 75, 79 or 82 through 84, 84-2, 85 through 87, and 88, or the orders issued under these provisions; |
| 2. | Where procedures for his or her business operations are deemed to inflict significant harm on the users' interests; |
| 3. | Where he or she fails to promptly take measures necessary for removing an obstruction, such as repair, when an accident, etc. impedes the provision of telecommunications services. |
| (2) | The Minister of Science and ICT may order a telecommunications business operator to perform any of the following affairs, when necessary for the development of telecommunications: <Amended on Mar. 23, 2013; Aug. 13, 2013; Jul. 26, 2017> |
| 1. | Integrated operation and management of telecommunications equipment; |
| 2. | Expansion of communications facilities for the improvement of social welfare; |
| 3. | Establishment and management of communications networks for important communications prescribed by Presidential Decree which are necessary for efficient performance of the State's functions; |
| 4. | Other matters prescribed by Presidential Decree. |
| (3) | The Minister of Science and ICT may order any of the following persons to suspend the provision of telecommunications services or to take measures such as removing telecommunications equipment: <Amended on Mar. 23, 2013; Oct. 15, 2014; Jul. 26, 2017; Dec. 24, 2018> |
| 1. | A person who operates the facilities-based telecommunications business without filing for registration under Article 6 (1); |
| 2. | A person who operates the value-added telecommunications business without reporting under Article 22 (1); |
| 3. | A person who operates the special value-added telecommunications business without filing for registration under Article 22 (2). |
| (4) | Where it is deemed impracticable for a telecommunications business operator to comply with an order within the period specified in the order issued under any of paragraphs (1) through (3) due to a natural disaster or any other unavoidable cause, the Minister of Science and ICT or the Korea Communications Commission may extend the period only once. <Newly Inserted on Oct. 15, 2014; Jul. 26, 2017; Dec. 11, 2018> |
| (5) | The Government may provide subsidies to cover the expenses incurred in establishing and managing important communications in order to secure important communications referred to in paragraph (2) 3. <Newly Inserted on Aug. 13, 2013; Oct. 15, 2014> |
| Article 93 (Delegation and Entrustment of Authority) |
| (1) | Any of the following authority, among the authority of the Minister of Science and ICT, shall be entrusted to the Korea Communications Commission: <Amended on Jul. 26, 2017> |
| 1. | Issuance of orders to partially suspend business operations of telecommunications business operators pursuant to Article 52 (5); |
| 2. | Imposition and collection of charges for compelling compliance pursuant to Article 52-2; |
| 3. | Imposition of penalty surcharges pursuant to Article 90 (1) (limited to where penalty surcharges are imposed in lieu of the partial suspension of business operations prescribed in Article 52 (5)). |
| (2) | The authority of the Minister of Science and ICT prescribed in this Act (excluding the authority entrusted to the Korea Communications Commission pursuant to paragraph (1)) or the authority of the Korea Communications Commission may be partially delegated to the heads of their respective affiliated agencies, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
[This Article Wholly Amended on Jan. 27, 2016]
| Article 93-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted on Jan. 27, 2016]
CHAPTER VII PENALTY PROVISIONS
| Article 94 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 200 million won: <Amended on Apr. 24, 2018>
| 1. | A person who obstructs telecommunications by impeding the functions of telecommunications equipment by means of damaging telecommunications equipment, or contacting the objects with them or by other means, in violation of Article 79 (1); |
| 2. | A person who divulges a third party's confidential information with respect to communications obtained in the course of performance of his or her duties, in violation of Article 83 (2); |
| 3. | A person who provides communication data, and a person who receives communications data, in violation of Article 83 (3). |
| Article 95 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 150 million won: <Amended on May 19, 2011; Jan. 27, 2016; Dec. 24, 2018>
| 1. | A person who refuses to provide telecommunications services without good cause, in violation of Article 3 (1); |
| 2. | Deleted; <Dec. 24, 2018> |
| 3. | A person who operates the facilities-based telecommunications business without filing for registration under Article 6 (1); |
| 3-2. | A person who operates the value-added telecommunications business without filing for registration under Article 22 (2); |
| 4. | A person who operates the facilities-based telecommunications business, in violation of an order to partially cancel registration filed for under Article 20 (1); |
| 5. | A person who fails to comply with an order issued under Article 52 (1); |
| 5-2. | A person who violates an order to partially suspend business operations issued under Article 52 (5); |
| 6. | A person who obstructs the measurement of lines, etc. and the installation and preservation works for telecommunications equipment, in violation of Article 73 (2); |
| 7. | A person who violates the confidentiality of communications of telecommunications business operators or divulges such confidential information, in violation of Article 83 (1). |
| Article 95-2 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 100 million won: <Amended on Oct. 15, 2014; Jun. 9, 2020; Jun. 10, 2022>
| 1. | A person who discloses any third person's confidential information he or she has become aware of in the course of performing his or her duties, in violation of Article 4-2 (3); |
| 1-2. | A person who fails to take measures necessary for the prevention of circulation under Article 22-5 (1), such as deleting illegal filmed materials, etc. and blocking access thereto: Provided, That the same shall not apply where he or she has not been negligent, without delay, in paying due attention to take measures necessary for the prevention of circulation, such as deleting the relevant information and blocking access thereto, after recognizing illegal filmed materials, etc. or where it is technically and significantly impracticable to take the measures necessary for the prevention of circulation, such as deleting the relevant information and blocking access thereto; |
| 1-3. | A person who fails to take technical and managerial measures under Article 22-5 (2): Provided, That the same shall not apply where he or she has not been negligent in paying due attention to take the technical or managerial measures under Article 22-5 (2) or where it is technically and significantly impracticable to take the technical or managerial measures under Article 22-5 (2); |
| 2. | A person who uses telecommunications services by opening, in the name of a third party, a mobile communication terminal on condition of providing or lending funds, or uses telecommunications services for the collection of the relevant funds, in violation of Article 32-4 (1) 1; |
| 3. | A person who solicits, recommends, intermediates, or advertises any contract for the provision of telecommunications services necessary for the use of a mobile communication terminal, on condition of providing or lending funds, in violation of Article 32-4 (1) 2; |
| 4. | A person who fabricates or uses a false phone number of a caller while making phone calls (including text messages) for making financial profits by deceiving other persons or for harming them by verbal abuse, threats, harassment, etc., in violation of Article 84-2 (1); |
| 5. | A person who provides services for fabricating or using a false phone number of a caller for profit, in violation of Article 84-2 (2). |
[This Article Newly Inserted on Aug. 13, 2013]
| Article 96 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 100 million won: <Amended on Aug. 13, 2013; Oct. 15, 2014; Dec. 1, 2015; Dec. 24, 2018; Jun. 9, 2020; Jun. 10, 2022>
| 1. | A person who fails to obtain approval under Articles 17 (1) and 42 (4); |
| 2. | A person who fails to obtain authorization under the main clause, with the exception of the subparagraphs, of Article 18 (1) or approval under Article 19 (1); |
| 3. | A person who integrates telecommunications networks, appoints executive officers, acquires business, executes an agreement for the merger of corporations, division of a corporation, or merger after division or for the sale of equipment, or takes follow-up measures on incorporating a company, prior to obtaining authorization, in violation of Article 18 (9): |
| 4. | A person who fails to comply with an order to take measures to protect users under Article 19 (2) or 20 (3); |
| 5. | A person who operates the value-added telecommunications business without filing a report thereon under Article 22 (1); |
| 6. | A person who incapacitates the technical measures referred to in Article 22-3 (1) without any legitimate authority by means of removal, alteration, detour, etc., in violation of Article 22-3 (2); |
| 6-2. | A person who, without legitimate authority, incapacitates the technical measures referred to in Article 22-5 (2) by means of removal, alteration, detour, etc., in violation of Article 22-5 (3); |
| 7. | A person who violates a disposition taken to suspend business operation under Article 20 (1); |
| 8. | A person who violates an order to close his or her business under Article 27 (1); |
| 9. | A person who fails to subscribe to a guarantee insurance policy, in violation of the main clause of Article 32 (4); |
| 9-2. | A person who issues prepaid calling cards in excess of the total amount of prepaid calling charges guaranteed by a guarantee insurance policy, in violation of Article 32 (5) 1; |
| 9-3. | A person who provides prepaid calling services beyond the insurance period of a guarantee insurance, in violation of Article 32 (5) 2; |
| 10. | A person who uses or provides information, in violation of Article 43; |
| 10-2. | A person who, with intent to obstruct blocking the use of a communications terminal device prescribed in any subparagraph of Article 60-2 (1), damages, forges, or alters the unique identification number of such communications terminal device, in violation of Article 60-3; |
| 11. | A person who fails to comply with an order to restrict or suspend telecommunications services under Article 85; |
| 12. | A person who fails to obtain approval or approval for amendment or revocation, under Article 86 (2). |
| Article 97 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 50 million won: <Amended on Oct. 15, 2014; Dec. 24, 2018; Jun. 9, 2020>
| 2. | A person who fails to file a report under the proviso, with the exception of the subparagraphs, of Article 18 (1); |
| 3. | A person who fails to file for registration of modification under Article 16; |
| 4. | A person who fails to file a report under Article 24; |
| 5. | A person who violates a disposition taken to suspend business operations under Article 27 (1); |
| 6. | A person who provides telecommunications services without filing a report or a report on modification under Article 28 (1); |
| 7. | A person who mediates a third party's communications through telecommunications services provided by a telecommunications business operator or provides such services for a third party's communications, in violation of the main clause, with the exception of the subparagraphs, of Article 30. |
| Article 98 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jan. 27, 2016>
| 1. | A person who fails to report service fees or provides telecommunications services differently from the details he or she has reported, in violation of Article 22-4 (1); |
| 2. | A person who installs or changes important telecommunications equipment without filing a report under the main clause of Article 62 (1) or a person who installs telecommunications equipment without obtaining approval under the proviso of Article 62 (1); |
| 3. | A person who installs private telecommunications equipment without filing a report or a report on modification under Article 64 (1); |
| 4. | A person who mediates a third party's communications through private telecommunications equipment or operates such equipment not in accordance with the purposes of installation, in violation of Article 65 (1); |
| 5. | A person who fails to comply with an order to conduct the telecommunications business or other important communications business or to connect his or her equipment with other telecommunications equipment under Article 66 (1); |
| 6. | A person who fails to comply with an order to suspend the use under Article 67 (2) or an order issued under Article 67 (3); |
| 7. | A person who fails to comply with an order to remove telecommunications equipment or an order to take other necessary measures under Article 82 (2). |
| Article 99 (Penalty Provisions) |
A person who commits a prohibited act prescribed in each subparagraph of Article 50 (1) (excluding any act of providing telecommunications services in a manner different from the terms and conditions of use prescribed in Article 50 (1) 5 and any act referred to in subparagraph 5-2 of the same paragraph) shall be punished by a fine not exceeding 300 million won. <Amended on Jan. 27, 2016>
| Article 100 Deleted. <Oct. 15, 2014> |
| Article 101 (Penalty Provisions) |
A person who impairs telecommunications equipment or damages measurement marks of telecommunications equipment, in violation of Article 79 (2), shall be punished by a fine not exceeding one million won or a minor fine. <Amended on Jun. 9, 2020>
| Article 102 (Attempted Crimes) |
An attempted crime under subparagraphs 1 and 2 of Article 94 and subparagraph 7 of Article 95 shall be punished. <Amended on Dec. 24, 2018>
| Article 103 (Joint Penalty Provisions) |
When the representative of a corporation or an agent or employee of, or any other persons employed by the corporation or an individual commits any violations under Articles 94, 95, 95-2, 96 through 99 in connection with the business affairs of such corporation or individual, not only shall such violator be punished accordingly, but the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where the corporation or individual has paid due attention to or diligently supervised the relevant business in order to prevent such violation. <Amended on Aug. 13, 2013; Oct. 15, 2014>
| Article 104 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 50 million won: <Amended on Jun. 9, 2020; Oct. 19, 2021; Jun. 10, 2022> |
| 1. | A person who fails to take technical measures, in violation of Article 22-3 (1); |
| 2. | A person who holds shares or equity, in violation of Article 22-3 (6); |
| 3. | A person who fails to take technical and managerial measures, in violation of Article 22-5 (2); |
| 4. | A person who refuses, obstructs, or evades an investigation under Article 51 (2); |
| 6. | A person who fails to take measures prescribed in the subparagraphs of Article 84-2 (3); |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: <Amended on Oct. 15, 2014; Jan. 27, 2016; Jun. 10, 2022> |
| 1. | A person who sells or purchases a telecommunication number, in violation of Article 48-2 (1); |
| 2. | A person who impedes temporary use of private telecommunications equipment or land, etc., without good cause, in violation of Article 73 (2); |
| 3. | A person who impedes entry to land, etc. without good cause, in violation of Article 74 (2); |
| 4. | A person who refuses to relocate, reform, or repair obstacles, etc. or to take other necessary measures under Article 75 (1) or to remove plants under Article 75 (2) without good cause; |
| 5. | Deleted. <Jun. 10, 2022> |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Oct. 15, 2014; Dec. 11, 2018; Dec. 24, 2018; Jun. 9, 2020; Jun. 10, 2022> |
| 1. | A person who fails to record and manage the status of the operation and management of technical measures, in violation of Article 22-3 (3); |
| 1-2. | A person who fails to record and manage the status of the operation and management of technical measures, in violation of Article 22-5 (4); |
| 1-3. | A person who fails to designate a domestic agent, in violation of Article 22-8 (1) or who designates a domestic agent, in violation of paragraph (2) of that Article; |
| 2. | A person who fails to comply with an order issued under Article 32-3 (1), or to notify the relevant user of the procedure for raising an objection, in violation of Article 32-3 (2); |
| 3. | A person who fails to apply for authorization to enter into an agreement, in violation of Article 44 (2). |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding 15 million won: <Amended on Oct. 15, 2014> |
| 1. | A person who fails to report the conclusion of an agreement prescribed in Article 44 (1) or (3); |
| 2. | A person who fails to file a report under the main clause of Article 86 (3). |
| (5) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: Provided, That cases where persons falling under subparagraph 8 or 17 are those falling under paragraph (1) 5 or 6 are excluded: <Amended on Mar. 23, 2013; Aug. 13, 2013; Oct. 15, 2014; Jan. 20, 2015; Dec. 1, 2015; Jan. 27, 2016; Jul. 26, 2017; Dec. 11, 2018; Dec. 24, 2018; Jun. 9, 2020; Oct. 19, 2021> |
| 1. | A person who fails to file a report under Article 10 (2) or fails to comply with a request for the provision of necessary data or an order to appear under Article 11 (3) or (4); |
| 2. | A person who fails to notify users no later than 60 days before a scheduled date of suspension or closure of the facilities-based telecommunications business, in violation of Article 19 (1); |
| 2-2. | A person who fails to comply with an order to submit data issued by the Korea Communications Commission under Article 22-3 (4) or 22-5 (5) or submits false data; |
| 3. | A person who fails to file a report under Article 26; |
| 4. | A person who violates any duty (excluding the efforts to prevent damage to users) to protect users under Article 32 (1); |
| 4-2. | A person who fails to comply with an order to submit data, issued under the latter part of Article 32 (2); |
| 4-3. | A person who fails to send a copy of a contract, in violation of Article 32 (3); |
| 4-4. | A person who fails to notify that limits are exceeded, etc. on a charge as prescribed in Article 32-2 (1); |
| 4-5. | A person who fails to file a report or provides telecommunications services differently from the details reported, in violation of Article 32-8; |
| 4-6. | A person who fails to notify users of the status, etc. of accumulated economic benefits, in violation of Article 32-9 (2); |
| 5. | A person who fails to notify users of the suspension of the provision of telecommunications services as well as the standards, procedures, etc. for compensating for losses, in violation of Article 33 (2); |
| 6. | A person who fails to publicly announce the technical standards, requirements for the provision and use, and other standards required for the creation of environments for fair competition, in violation of Article 42 (4); |
| 6-2. | A person who fails to provide information on standards for telecommunications services, in violation of Article 42 (5); |
| 7. | A person who fails to comply with matters publicly notified under Article 48 (2), in violation of Article 48 (3); |
| 7-2. | A person who fails to comply with an order of the Minister of Science and ICT issued under Article 48-2 (2) to close any service or to restrict the posting of such service; |
| 8. | A person who refuses, avoids, or impedes an order to submit necessary data or things prescribed in Article 51 (5), or temporary custody of such data or articles; |
| 9. | A person who fails to comply with an order to submit data under Article 56 (3); |
| 10. | A person who uses private telecommunications equipment without verification, in violation of Article 64 (3); |
| 11. | A person who refuses, interferes with, or evades, an inspection conducted under Article 82 (1); |
| 12. | A person who fails to file a report under Article 82 (1) or who files a false report; |
| 13. | A person who fails to retain related materials or retains false materials, in violation of Article 83 (5); |
| 14. | A person who fails to notify details of the ledgers which include the provision of communications data, etc. to the head of a central administrative agency, in violation of Article 83 (7); |
| 15. | A person who fails to comply with a request to peruse and to submit data or to conduct an inspection under Article 84-2 (4); |
| 16. | A person who fails to file a report or to submit data under Article 88, or who files a false report or submits false data; |
| 17. | A person who fails to comply with a corrective order, etc. issued under Article 92 (1) through (3). |
| (6) | Administrative fines prescribed in paragraphs (2) through (5) shall be imposed and collected by the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That administrative fines in the subparagraphs of paragraph (1), paragraph (3) 1 and 1-2, paragraph (5) 2-2, 4-2, and 8 shall be imposed and collected by the Korea Communications Commission and administrative fines in paragraph (5) 10 by a Mayor/Go Governor, while administrative fines in paragraph (5) 17 shall be imposed and collected either by the Minister of Science and ICT or by the Korea Communications Commission, depending on business affairs falling under his or her or its jurisdiction. <Amended on Mar. 23, 2013; Oct. 15, 2014; Dec. 1, 2015; Jul. 26, 2017; Dec. 24, 2018; Jun.9, 2020> |
| (7) | Deleted. <Jun. 9, 2020> |
ADDENDA <Act No. 10166, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Term of Validity)
The amended provisions of Article 38 (2) through (4) shall be valid until September 22, 2016. <Amended by Act No. 12035, Aug. 13, 2013> Article 3 (Transitional Measures concerning Scope of Application)
The previous provisions of the Addenda shall apply even after this Act enters into force.
Article 4 (Transitional Measures concerning Permission for Facilities-Based Telecommunications Business Operators)
A facilities-based telecommunications business operator who has obtained permission under the previous provisions to operate the facilities-based telecommunications business as at the time this Act enters into force shall be deemed a facilities-based telecommunications business operator who has obtained permission under the amended provisions of Article 6 to operate the facilities-based telecommunications business under the amended provisions of Article 5 (2). Article 5 (Transitional Measures concerning Guarantee Insurance)
A special telecommunications business operator registered under the previous provisions as at the time this Act enters into force who has collected service charges from users in advance, and then purchased a guarantee insurance policy to provide services, shall be deemed to have purchased a guarantee insurance policy under the amended provisions of Article 32 (3). Article 6 (Transitional Measures concerning Penalty Provisions)
In applying penalty provisions or provisions concerning administrative fines for a violation committed before this Act enters into force, the previous provisions shall apply: Provided, That this Act shall apply where the application of the provisions of this Act is favorable to a violator.
Article 7 Omitted.
Article 8 (Transitional Measures Following Amendment to Other Statutes)
Article 9 (Relationship with Other Statutes or Regulations)
A citation of the previous Framework Act on Telecommunications and the former Telecommunications Business Act or any provision thereof by any other statute or regulation in force as at the time this Act enters into force shall be deemed a citation of this Act or a corresponding provision thereof in lieu of the previous provisions, if such corresponding provision exists in this Act.
ADDENDA <Act No. 10656, May. 19, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Registration of Value-added Telecommunications Business) Among those who conduct the value-added telecommunications business in accordance with the previous provisions as at the time this Act enters into force, any person who needs to file for registration in accordance with the amended provisions of Article 22 (2) shall file for registration within six months after this Act enters into force. |
ADDENDA <Act No. 11201, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Notification)
The amended provisions of Article 32-2 shall apply, starting with the first person who enters into a contract for the use of telecommunications services with a telecommunications business operator after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12035, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 8 (3) 2 and 86 (2) shall enter into force on the date of its promulgation. Article 2 (Special Cases concerning Corporation Deemed Foreign Persons)
Where a corporation under the amended provisions of Article 8 (3) 2 holds or comes to hold the issued shares of any of the following facilities-based telecommunications business operators, it shall be deemed a foreign person, notwithstanding the amended provisions of Article 8 (3): | 1. | A facilities-based telecommunications business operator who shall file a report or may request an examination of public benefits pursuant to Article 10 (2) and (3) as of January 1, 2012; |
| 2. | A facilities-based telecommunications business operator that is a subsidiary referred to in Article 342-2 of the Commercial Act and has succeeded to the rights and obligations of a facilities-based telecommunications business operator prescribed in subparagraph 1; |
| 3. | Other facilities-based telecommunications business operator determined and publicly notified by the Minister of Science and ICT that have succeeded to the rights and obligations of a facilities-based telecommunications business operator referred to in subparagraph 1 or 2 through the acquisition of the facilities-based telecommunications business, merger with the relevant corporation, or other similar means. |
Article 3 (Transitional Measures concerning Submission of Plans for Provision of Telecommunications Relay Services for Persons with Disabilities)
A plan for the provision of telecommunications relay services for a fiscal year to be submitted first under the amended provisions of Article 4-2 (2) shall be submitted within one month after this Act enters into force. Article 4 (Transitional Measures concerning Telecommunications Business Operators Who Entered into Agreements for Adjustment of Roaming Service Charges through Joint Use of Radio Communications Facilities)
A telecommunications business operator providing facilities-based telecommunications services who has obtained approval from the Minister of Science, ICT and Future Planning pursuant to the previous provisions of Article 86 (4) as at the time this Act enters into force shall be deemed reported to the Minister of Science, ICT and Future Planning pursuant to the main clause of Article 86 (3). Article 5 Omitted.
ADDENDA <Act No. 12216, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12761, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 9 and 32-3 shall enter into force on the date of its promulgation. Articles 2 (Applicability to Reports on Side Agreements and Disclosure Thereof)
The amended provisions of Article 44 (3) shall also apply where 30 days have not passed since a side agreement is concluded, modified or repealed as at the time this Act enters into force. Articles 3 (Transitional Measures concerning Disqualifications of the Incompetent)
Notwithstanding the amended provisions of Article 9 (1) 1, a person for whom the effect of the declaration of the incompetency or quasi-incompetency is maintained under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429) after already being adjudged incompetent or quasi-incompetent as at the time the same amended provisions enter into force shall be governed by the previous provisions. Articles 4 (Transitional Measures concerning Registration of Value-Added Telecommunications Business)
A person who falls under the amended provisions of subparagraph 13 (b) of Article 2 among persons who operate the value-added telecommunications business under the previous provisions as at the time this Act enters into force, shall be registered under the amended provisions of Article 22 (2) within six months after this Act enters into force. Articles 5 (Transitional Measures concerning Technical Measures)
A special value-added telecommunications business operator registered under Article 22 (2) as at the time this Act enters into force shall take measures, etc. under the amended provisions of Article 22-3 (1) and (3) within six months from the date this Act enters into force. Articles 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In applying penalty provisions or provisions concerning administrative fines for any act committed before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 13011, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Removal of Apparatus)
The amended provisions of Article 35 (4) shall also apply to the removal of apparatus installed before this Act enters into force.
ADDENDA <Act No. 13518, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Transfer to Local Authorities)
Reports on the installation of private telecommunications equipment filed with, reports on modification thereof, and other acts performed against, the Minister of Science, ICT and Future Planning, and the issuance of corrective orders, imposition of penalty surcharges and administrative fines and other acts performed by the Minister of Science, ICT and Future Planning against persons who have installed private telecommunications equipment, pursuant to the previous provisions of Articles 64, 67, 90, and 104 as at the time this Act enters into force, shall be deemed acts performed against or by Mayors/Do Governors having jurisdiction over the relevant locations, under the amended provisions of this Act.
ADDENDA <Act No. 13519, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13823, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 93-2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Orders to Suspend Business and Penalty Surcharges Imposed in Lieu of Such Orders)
The amended provisions of Articles 20 (1) 6, 27 (1) 4 and (2) 4, 52 (5) through (7), and 90 (1) shall also apply where any administrative measures are taken against the violation of an order issued under Article 52 (1) before this Act enters into force. Article 3 (Applicability to Charges for Compelling Compliance)
Notwithstanding the amended provisions of Article 52 (5) and Article 2 of the Addenda, the amended provisions of Article 52-2 shall apply, staring with the first case where an order is issued by the Korea Communications Commission pursuant to Article 52 (1) after this Act enters into force. Article 4 (Applicability to Orders to Partially Suspend Business Operations and Imposition of Penalty Surcharges Subsequent to Entrustment of Authority)
The amended provisions of Article 93 (1) 1 and 3 shall also apply where an order issued by the Korea Communications Commission pursuant to Article 52 (1) has not been complied with before this Act enters into force. Article 5 (Transitional Measures Subsequent to Enforcement of the Wholly Amended Housing Act (Act No. 00000))
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 14576, Mar. 14, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 38 (2) through (4) shall enter into force on the date of promulgation. Article 2 (Term of Validity)
The amended provisions of Article 38 (2) through (4) shall remain effective until September 22, 2019.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15858, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Suspension of Provision of Telecommunications Services)
The amended provisions of Articles 32-3 (1) and (2) and 104 (3) 2 shall begin to apply from the first order to suspend the provision of telecommunications services that the Minister of Science and ICT issues to a telecommunications business operator, after this Act enters into force. Article 3 (Transitional Measures concerning Dispute Mediation)
The amended provisions on dispute mediation shall apply to any dispute between a telecommunications business operator and a user over telecommunications that has arisen before this Act enters into force.
ADDENDA <Act No. 16019, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 34-2 shall enter into force on January 1, 2021. Article 2 (Transitional Measures concerning Permission for Facilities-Based Telecommunications Business Operators and Registration of Special Telecommunications Business Operators)
A facilities-based telecommunications business operator who has obtained permission to operate the facilities-based telecommunications business under the previous provisions and a special telecommunications business operator registered under Article 21, as at the time this Act enters into force, shall be deemed a facilities-based telecommunications business operator registered under the amended provisions of Article 6. Article 3 Omitted.
ADDENDA <Act No. 16824, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Additional Dues)
The amended provisions of Article 53 (8) and (9), and Article 90 (4) shall begin to apply from the first case where the penalty surcharge is refunded on grounds of a court’s decision, etc. since this Act enters into force.
ADDENDUM <Act No. 17347, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17352, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 38 (2) through (4) shall enter into force on the date of its promulgation, and Article 5 (2) of the Addenda shall enter into force on January 1, 2021. Article 2 (Effective Period)
The amended provisions of Article 38 (2) through (4) shall remain effective until September 22, 2022. Article 3 (Transitional Measures concerning Technical and Managerial Measures)
A person who has filed a report on value-added telecommunications business pursuant to Article 22 (1) (including a person falling under any of the subparagraphs of Article 22 (4)) and a person filing for registration of special value-added telecommunications business pursuant to Article 22 (2) who engages in services falling under subparagraph 14 (a) of Article 2, as at the time this Act enters into force, shall take technical and managerial measures under Article 22-5 (2) within one year after the date this Act enters into force. Article 4 (Transitional Measures concerning Conversion of Reporting System of Terms and Conditions of Use)
| (1) | The terms and conditions of use for which a facilities-based telecommunications business operator obtains authorization pursuant to the main clause of the previous Article 28 (2) at the time this Act enters into force shall be deemed the terms and conditions of use reported pursuant to the amended provisions of Article 28. |
| (2) | Facilities-based telecommunications services provided by a facilities-based telecommunications business operator under the previous Article 28 (2) as at the time this Act enters into force shall be deemed the relevant telecommunications services provided by a facilities-based telecommunications business operator designated and publicly notified pursuant to the amended provisions of Article 34 (4) until the Minister of Science and ICT designates and publicly notifies a facilities-based telecommunications business operator for each telecommunications service pursuant to the amended provisions of Article 34 (4), after this Act enters into force. |
Article 5 Omitted.
Article 6 (Transitional Measures Following Deletion of Article 17 of the Act on the Protection of Children and Youth against Sex Offenses)
ADDENDUM <Act No. 17359, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17460, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 18451, Sep. 14, 2021>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 22-9 and 92 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 18477, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraphs 4 and 5-2 of Article 50 (1) shall enter into force on the date of its promulgation. Article 2 (Applicability to Re-Submission Orders and Charges for Compelling Compliance)
The amended provisions of Article 51-2 shall begin to apply where the Korea Communications Commission orders a person to submit data or articles pursuant to Article 51 (5) after this Act enters into force. Article 3 (Applicability to Imposition of Penalty Surcharges)
The amended provisions of Article 53 (3) 5 and 6 shall also apply where penalty surcharges are imposed for a violation of Article 50 (1) which was committed before this Act enters into force.
ADDENDA <Act No. 18869, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 12-2 of Article 2 and Article 22 (6) shall enter into force on the date of the promulgation. Article 2 (Applicability to Change to Criteria for Approval for Concurrently Engaging in Other Business)
The amended provisions of the proviso, with the exception of the subparagraphs, of Article 17 (1) shall also apply to a facilities-based telecommunications business operator whose telecommunications service sales of the preceding year do not exceed 30 billion won, among facilities-based telecommunications business operators whose sales exceed 30 billion won, and who is undergoing a review, as at the time this Act enters into force, for an application for approval for concurrently engaging in other business that such business operator has filed with the Minister of Science and ICT pursuant to the previous provisions of Article 17 (1) in force before this Act enters into force. Article 3 (Applicability to Domestic Agents)
The amended provisions of Article 22-8 (2) shall begin to apply to cases where domestic agents are designated after this Act enters into force. Article 4 (Transitional Measures concerning Value-Added Telecommunications Business Operators Providing Online Video Services)
| (1) | Among persons who manage value-added telecommunications business after filing a report thereon under Article 22 (1) as at the time the amended provisions of subparagraph 12-2 of Article 2 enter into force, a value-added telecommunications business operator who provides online video services falling under the amended provisions shall be deemed reported as a value-added telecommunications business operator who provides online video services under the same amended provisions on the date the same amended provisions enter into force. |
| (2) | Where there exists any value-added telecommunications business operator deemed reported under paragraph (1), the Minister of Science and ICT shall notify the Minister of Culture, Sports and Tourism and the Korea Communications Commission of the fact pursuant to the amended provisions of Article 22 (6) within three months from the date the same amended provisions enter into force. |
Article 5 (Transitional Measures concerning Designation of Domestic Agents)
A value-added telecommunications business operator who has a domestic agent falling under the amended provisions of any subparagraph of Article 22-8 (2), among value-added telecommunications business operators who have designated domestic agents under the previous provisions as at the time this Act enters into force, shall designate such domestic corporation as a domestic agent within six months after this Act enters into force,