ENFORCEMENT DECREE OF THE INTERNET MULTIMEDIA BROADCASTING BUSINESS ACT
Presidential Decree No. 20968, Aug. 12, 2008
Amended by Presidential Decree No. 21890, Dec. 15, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22424, Oct. 1, 2010
Presidential Decree No. 22550, Dec. 27, 2010
Presidential Decree No. 23514, Jan. 13, 2012
Presidential Decree No. 24445, Mar. 23, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25794, Dec. 3, 2014
Presidential Decree No. 26324, jun. 22, 2015
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 32199, Dec. 9, 2021
Presidential Decree No. 32274, Dec. 28, 2021
Presidential Decree No. 32723, jun. 28, 2022
Presidential Decree No. 32724, jun. 28, 2022
| Article 2 (Permission for Business Providing Internet Multimedia Broadcast Services) |
| 1. | Articles of the incorporation (excluding a corporation in the process of incorporation); |
| 2. | Documents relevant to the corporation planned to be incorporated or in the process of incorporation (applicable only to a corporation in the process of incorporation); |
| 3. | Documents regarding the ownership of stocks or shares of the corporation. |
| (2) | Upon receipt of an application under Article 4 (3) of the Act, the Minister of Science and ICT shall verify the certified transcript of the relevant corporate register by sharing administrative information under Article 36 (1) of the Electronic Government Act (excluding cases where the corporation is still in the process of incorporation). <Amended on Dec. 15, 2009; May 4, 2010; Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Upon receipt of an application for permission under Article 4 (3) of the Act, the Minister of Science and ICT shall examine the matters specified in Article 4 (4) of the Act to make a decision on whether to grant the permission and shall issue a permit for business providing Internet multimedia broadcast services, if he or she decides to grant the permission. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The points distributed to each item subject to examination under Article 4 (4) of the Act are as prescribed in Table 1 attached hereto. |
| (5) | Except as provided in paragraphs (1) through (4), a detailed procedure and method necessary for the permission of business providing Internet multimedia broadcast services, the sub-items subject to examination, methods of examination and other necessary matters shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Dec. 3, 2014; Jul. 26, 2017> |
| Article 3 (Term of Validity of Permission) |
The term of validity of permission for business providing Internet multimedia broadcast services under Article 5 of the Act shall be five years. <Amended on Dec. 15, 2009> [Title Amended on Dec. 15, 2009]
| Article 4 (Renewal of Permission) |
| (1) | If an Internet multimedia broadcast service provider intends to have its permission renewed under Article 5-2 of the Act, it shall file an application therefor, including the matters specified in Article 4 (3) of the Act, with the Minister of Science and ICT by not later than three months before the expiration of the term of validity of permission, along with a report on business performance and a copy of the permission for business providing Internet multimedia broadcast services. <Amended on Dec. 15, 2009; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A detailed procedure and method for renewal of permission under paragraph (1), the sub-items subject to examination, methods of examination, and other necessary matters shall be prescribed and notified by the Minister of Science and ICT. <Newly Inserted on Dec. 3, 2014; Jul. 26, 2017> |
| Article 5 (Period for Commencement of Nationwide Services) |
| (1) | “A period prescribed by Presidential Decree” in the main clause of Article 6 (2) of the Act means three years. <Amended on Dec. 15, 2009> |
| (2) | “A period prescribed by Presidential Decree” in the proviso of Article 6 (2) of the Act means one year. <Amended on Dec. 15, 2009> |
| Article 6 (Prohibition of Concurrent Operation) |
| Article 7 Deleted. <Dec. 3, 2014> |
| Article 8 (Encouragement of Fair Competition) |
| (1) | In order to prevent the control over another business from being extended unfairly to business providing Internet multimedia broadcast services under Article 12 (1) of the Act, the relevant Internet multimedia broadcast service provider shall separate accounts of business providing Internet multimedia broadcast services from those of another business for separate accounting, as determined and publicly announced by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Each Internet multimedia broadcast service provider shall submit a business report, including matters regarding the accounts under paragraph (1), to the Minister of Science and ICT within three months after the end of each fiscal year and shall keep relevant accounting books and supporting materials. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall verify the details of the business report submitted pursuant to paragraph (2). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may request an Internet multimedia broadcast service provider to submit data necessary for verification under paragraph (3) or may conduct inspections necessary for the ascertainment of facts. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 9 Deleted. <Jan. 13, 2012> |
| Article 10 Deleted. <Jan. 13, 2012> |
| Article 11 (Policies for Creation of Environment for Fair Competition) |
The Minister of Science and ICT shall formulate and implement policies for the efficient establishment of a competition system and the creation of an environment for fair competition for business providing Internet multimedia broadcast services, based on the outcomes of the evaluation of competitions. <Amended on Mar. 23, 2013; Jul. 26, 2017>
| Article 11-2 (Count of Subscribers to Paid Broadcast Services) |
| (1) | The number of broadcast service providers (hereinafter referred to as “paid broadcast service providers”) under each subparagraph of Article 13 (1) of the Act shall be deemed to equal the number of terminal equipment (referring to devices transmitting signals sent from paid broadcast service providers to television receivers of subscribers; hereinafter the same shall apply) upon which contracts for broadcast service have been concluded with the relevant service provider. For the subscribers given no terminal equipment, the number thereof shall be deemed to equal the number of interfaces (referring to interface points connected to television receivers to enable reception of signals transmitted from paid broadcast service providers; hereinafter the same shall apply) upon which contracts have been concluded. |
| (2) | Notwithstanding paragraph (1), the count of subscribers shall not include the number of terminal equipment or interfaces upon which paid broadcast service providers have concluded contracts to provide services free of charge for non-business purposes such as the promotion of the convenience or welfare of the socially underprivileged. |
[This Article Newly Inserted on Jun. 22, 2015]
| Article 11-3 (Verification of Number of Subscribers to Paid Broadcast Services) |
| (1) | Paid broadcast service providers shall submit a monthly report on the current status of their subscribers counted under Article 11-2 to the Minister of Science and ICT within two months after the end of every month. <Amended on Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall verify the number of subscribers to confirm the accuracy of the data submitted under paragraph (1) and to determine the number of subscribers. <Amended on Jul. 26, 2017> |
| (3) | The verification under paragraph (2) shall be conducted by document review, on-site inspection, sample examination, or other methods prescribed and publicly notified by Presidential Decree. <Amended on Jul. 26, 2017> |
| (4) | The Minister of Science and ICT shall conduct verification under paragraphs (2) and (3) and finalize the verification result after a deliberation thereon by an expert council composed of experts on paid broadcast services, etc. <Amended on Jul. 26, 2017> |
| (5) | Matters necessary for the composition and operation of an expert council under paragraph (4) shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
| (6) | The verification under paragraphs (2) through (4) shall be completed within four months from the end of every sixth months, based on the monthly reports on the current status submitted over half a year under paragraph (1). |
| (7) | The Minister of Science and ICT shall notify paid broadcast service providers of the verification result finalized under paragraph (4). <Amended on Jul. 26, 2017> |
| (8) | Where a paid broadcast service provider has any objection to the verification result notified under paragraph (7), he or she may file an objection to the Minister of Science and ICT within seven days after receipt of the notice. <Amended on Jul. 26, 2017> |
| (9) | Where the Minister of Science and ICT deems the objection under paragraph (8) is well-grounded, he or she shall conduct a re-verification. In such cases, paragraphs (2) through (4) shall apply mutatis mutandis to methods and procedures of re-verification. <Amended on Jul. 26, 2017> |
| (10) | A re-verification under paragraph (9) shall be conducted only once and completed within one month from the date such objection is filed pursuant to paragraph (8). |
[This Article Newly Inserted on Jun. 22, 2015]
| Article 11-4 (Standards for Corrective Order on Internet Multimedia Broadcast Service Providers) |
The Minister of Science and ICT may order correction under Article 13 (2) of the Act to a certain Internet Multimedia Broadcast Service Provider, based on the monthly average number of subscribers computed on a semi-annual basis which is conclusively verified pursuant to Article 11-3. <Amended on Jul. 26, 2017> [This Article Newly Inserted on Jun. 22, 2015]
| Article 12 (Equal Provision of Telecommunications Facilities) |
| (1) | Essential telecommunications facilities referred to in Article 14 (1) of the Act mean such facilities necessary for the relevant business providing Internet multimedia broadcast services that, if a request for access to, or use of, such facilities by a person who intends to operate a business providing Internet multimedia broadcast services pursuant to Article 14 (1) of the Act is denied and consequently the person installs its own facilities or uses other business operator’s alternative facilities, it is practically impossible to expect fair competition because of a significant loss of competitiveness in the market. |
| (2) | Telecommunications facilities under paragraph (1) may be divided into wiring facilities, including digital subscribers’ networks, and infrastructure, including poles, conduit lines and telecommunications equipment, and further details of such facilities shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | A reasonable and justifiable ground for refusing to provide telecommunications facilities under Article 14 (1) of the Act means any of the following cases: |
| 1. | Where facilities connected to telecommunications facilities under paragraph (1) do not conform to technical standards or national standards; |
| 2. | Where re-designing or altering telecommunications facilities is necessary to such an extent that, if telecommunications facilities are provided, differences in technological methods, etc. may lead to a significant loss or trouble in the operation of the business that uses such facilities; |
| 3. | Where providing telecommunications facilities is likely to pose a significant impediment in providing services with the telecommunications facilities; |
| 4. | Where facilities or the capacity of the facilities is inadequate to provide the facilities to other business operators; |
| 5. | Where there is a reasonable ground to deny such a request in order to protect the trade secret of the relevant Internet multimedia broadcast service provider; |
| 6. | Where it is possible to prove objectively that there is a plan for a project for improving the facilities or for the relocation of the facilities within one year from the date on which the access to, and the use of, the telecommunications facilities are requested. |
| (4) | A reasonable and justifiable ground for the suspension or restriction of the provision of telecommunications facilities under Article 14 (2) of the Act means any of the following cases: |
| 1. | A case referred to in paragraph (3) 1 through 3; |
| 2. | A technical interference caused by hacking, a computer virus, etc.; |
| 3. | Temporary or permanent closure of business; |
| 4. | Where it is impracticable to operate the facilities in normal conditions due to a natural disaster. |
| (5) | A person who intends to request to permit the access to, and the use of, telecommunications facilities pursuant to Article 14 (1) of the Act (hereinafter referred to as “requesting service provider”) shall make a written request to the Internet multimedia broadcast service provider who owns the telecommunications facilities, describing the section, place, kinds, specifications, period of use, purposes of use, etc. of telecommunications facilities. |
| (6) | Upon receipt of a request under paragraph (5), an Internet multimedia broadcast service provider shall notify the requesting service provider of whether and when it will be able to provide the relevant telecommunications facilities, etc. within 15 days from the date of request. In such cases, if it is unable to provide telecommunications facilities on the ground specified in any subparagraph of paragraph (3), it shall give a written notice of the ground therefor. |
| (7) | If an Internet multimedia broadcast service provider notifies the requesting service provider that it is able to provide telecommunications facilities pursuant to the former part of paragraph (6) at the request made pursuant to paragraph (5), it shall sign a contract thereon with the requesting service provider within 45 days from the date of request and shall provide the facilities within 30 days from the signing date of the contract. |
| (8) | The price for the use of telecommunications facilities under Article 14 (4) of the Act may be stipulated by an agreement between the service providers involved, based on the cost of the telecommunications facilities provided. In such cases, the cost shall be computed in a reasonable and fair manner, based on the depreciation cost, invested repair cost, and operating expenses for the relevant telecommunications facilities. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the equal provision of telecommunications facilities shall be determined and publicly announced by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 12-2 (Reporting on and Approval for Terms and Conditions of Use) |
| (1) | Where an Internet multimedia broadcast service provider intends to report fees and conditions for using services (hereafter in this Article referred to as "terms and conditions of use") that he or she intends to provide under under Article 15 (1) of the Act (including reporting on change; hereafter in this Article the same shall apply), he or she shall submit the terms and conditions of use including the following to the Minister of Science and ICT: |
| 1. | Fees for using each product; |
| 3. | Matters concerning the rights and responsibilities of service providers and viewers; |
| 4. | A comparison table of the details before and after change and reasons for change (to be submitted only when a change is reported). |
| (2) | The Minister of Science and ICT shall notify a reporting person of whether his or her report is accepted or whether the processing period prescribed by statutes or regulations related to processing of civil petitions is extended, within seven days from the date the report is received pursuant to paragraph (1). |
| (3) | Where the Minister of Science and ICT fails to notify the reporting person of receipt of a report or of an extension of the processing period under statutes or regulations related to processing of civil petitions within the period specified in paragraph (2), the report shall be deemed received on the day following the expiry date of the period (referring to the relevant processing period if the processing period has been extended or re-extended pursuant to statutes or regulations related to processing of civil petitions). |
| (4) | Within 30 days from the date of receipt of an application for approval of the terms and conditions under Article 15 (4) of the Act (including approval for change thereof; hereafter in this paragraph the same shall apply), the Minister of Science and ICT shall examine whether the requirements under each subparagraph of paragraph (2) and standards under each subparagraph of paragraph (5) of that Article are satisfied and shall notify the applicant that approval is granted or not. |
[This Article Newly Inserted on Jun. 28, 2022]
| Article 12-3 (Quality Evaluation of Internet Multimedia Broadcast Services) |
| (1) | The Minister of Science and ICT shall annually conduct an evaluation of the quality of Internet multimedia broadcast services, the contents of which are as follows, pursuant to Article 16-2 (1) of the Act: |
| 1. | Matters concerning the level of quality of Internet multimedia broadcast services provided to viewers through terminal equipment, in terms of the volume or quality of images of each channel; |
| 2. | Matters concerning the current status of advertisements exposed on the contents provided in return for a price for each broadcast program; |
| 3. | Other matters determined and publicly notified by the Minister of Science and ICT in order to improve the quality of Internet multimedia broadcast services and enhance convenience of viewers. |
| (2) | The Minister of Science and ICT may request Internet multimedia broadcasting business entities to submit the following materials pursuant to Article 16-2 (2) of the Act: |
| 1. | Materials on terminal equipment necessary to measure the quality level of Internet multimedia broadcast services; |
| 2. | Materials concerning the current status of the contents provided in return for a price for each broadcast program; |
| 3. | Other materials determined and publicly notified by the Minister of Science and ICT, which are necessary for evaluating the quality of Internet multimedia broadcast services. |
| (3) | Internet multimedia broadcasting business entities requested to submit materials under paragraph (2) shall submit relevant materials to the Minister of Science and ICT within 30 days from the date of receipt of such request: Provided, That where there is compelling reason not to do so, the entity may request the Minister of Science and ICT to extend the period for submission of such materials. |
| (4) | Before conducting a quality evaluation of Internet multimedia broadcast services pursuant to paragraph (1), the Minister of Science and ICT shall notify Internet multimedia broadcasting business entities of the matters necessary for conducting an evaluation, such as evaluation items and schedules. |
| (5) | Once a quality evaluation of Internet multimedia broadcast services has been conducted pursuant to paragraph (1), the Minister of Science and ICT shall disclose the results thereof to the public by posting them on the website of the Ministry of Science and ICT pursuant to Article 16-2 (3) of the Act. |
| (6) | Except as provided in paragraphs (1) through (5), detailed matters necessary for the quality evaluation of Internet multimedia broadcast services shall be determined and publicly notified by the Minister of Science and ICT. |
[This Article Newly Inserted on Jun. 28, 2022]
| Article 13 (Penalty Surcharges) |
| (1) | “Sales” in the main clause of Article 17 (2) of the Act means the average annual sales of the relevant Internet multimedia broadcast service provider during three business years immediately preceding its commencement of business providing Internet multimedia broadcast services: Provided, That if three years have not passed since the commencement of the business as of the first day of the pertinent business year, the term means an amount calculated by converting the sales until the end of the immediately preceding business year after the commencement of the business into the average annual sales or an amount calculated by converting the sales during the period from the commencement date of the business until the date it commits the relevant violation into the annual sales, if it commenced the business during the pertinent business year. |
| (2) | The types of violation subject to the imposition of penalty surcharges under Article 17 (2) of the Act, the maximum amount of a penalty surcharge for each type of violation, and the guidelines for calculation shall be as prescribed in Table 2 attached hereto. |
| (3) | “Cases prescribed by Presidential Decree, where sales are non-existent or indeterminate” in the proviso of Article 17 (2) of the Act means any of the following cases: |
| 1. | Where a service provider has not commenced the business yet or there is no record of business performance because of the suspension of business or any other cause; |
| 2. | Where data for the calculation of sales have been destroyed or obliterated due to a natural disaster or any similar event and so it is impracticable to calculate sales objectively. |
| Article 14 (Imposition and Payment of Penalty Surcharges) |
| (1) | When the Korea Communications Commission intends to impose a penalty surcharge under Article 17 (2) of the Act, it shall investigate and ascertain the relevant violation and shall give a written notice to the person subject to the imposition of the penalty surcharge, cleary stating the facts regarding the violation, the amount imposed, the method of filing an objection, the period given for filing an objection, etc. |
| (2) | A person who receives a notice under paragraph (1) shall pay the penalty surcharge to the receiving agency designated by the Korea Communications Commission within 20 days from the date the notice is delivered: Provided, That, if it is impracticable to pay the penalty surcharge within the period due to a natural disaster or any other event beyond his or her control, the penalty surcharge shall be paid within seven days after such event ceases to exist. |
| (3) | The receiving agency that receives a penalty surcharge under paragraph (2) shall issue a receipt to the person who pays the penalty surcharge. |
| (4) | Upon receipt of a penalty surcharge under paragraph (2), the agency receiving penalty surcharges shall notify the Korea Communications Commission thereof without delay. |
| Article 15 (Types of Prohibited Acts and Criteria therefor) |
| (1) | The types of prohibited acts and the criteria therefor under Article 17 (1) of the Act shall be as prescribed in Table 3 attached hereto. |
| (2) | The Korea Communications Commission may determine and publicly announce detailed guidelines for the types and criteria under paragraph (1). |
| Article 16 (Persons Subject to Reporting and Registration of Content Services) |
| (1) | Any of the following persons, pursuant to the main clause of Article 18 (2) of the Act (excluding a person who falls under paragraph (2) or the proviso of Article 18 (2) of the Act) shall file a report on Internet multimedia broadcast content services, with the Minister of Science and ICT: <Amended on Oct. 1, 2010; Mar. 23, 2013; Dec. 3, 2014; Jul. 26, 2017> |
| 1. | Deleted; <Dec. 3, 2014> |
| 2. | Deleted; <Dec. 3, 2014> |
| 3. | A person who intends to provide content to an Internet multimedia broadcast service provider, who conducts business producing and providing content in accordance with the provisions of any other Act, and who produces and provides contents. |
| (2) | Any of the following persons, pursuant to the main clause of Article 18 (2) of the Act shall register Internet multimedia broadcast content services with the Minister of Science and ICT: <Amended on Oct. 1, 2010; Mar. 23, 2013; Dec. 3, 2014; Jul. 26, 2017> |
| 1. | A broadcasting business operator under subparagraph 3 of Article 2 of the Broadcasting Act who intends to provide any content other than that permitted, registered, or approved under the Broadcasting Act (limited to content only for channels directly used, in cases of cable television broadcasting business operators and satellite broadcasting business operators) to an Internet multimedia broadcast service provider in the form of a real-time broadcast program; |
| 2. | A person who intends to provide contents to an Internet multimedia broadcast service provider in the form of a real-time broadcast program, as a value-added service provider who has reported to the Minister of Science and ICT pursuant to Article 22 of the Telecommunications Business Act; |
| 3. | A person who intends to provide content to an Internet multimedia broadcast service provider in the form of real-time broadcast program, who conducts business producing and providing contents in accordance with the provisions of any other statute, and who produces and provides content. |
| Article 17 (Procedures for Reporting or Registration of Content Services) |
| (1) | A person who intends to report its business providing content for Internet multimedia broadcast services in accordance with Article 16 (1) shall file a report on business providing content for Internet multimedia broadcast services, describing the following matters, with the Minister of Science and ICT: <Amended on Dec. 15, 2009; Mar. 23, 2013; Dec. 3, 2014; Jul. 26, 2017> |
| 1. | The business operator’s name; |
| 2. | The representative’s name; |
| 3. | The product or service name; |
| 4. | The category of the content provided; |
| 4-2. | The person responsible for real-time broadcast programming; |
| 5. | The principal place of business and the location of major facilities; |
| 6. | The paid-in capital (applicable only to corporations); |
| 7. | A list of stockholders or investors who own at least 5/100 of total outstanding stocks or shares, respectively (applicable only to corporations); |
| 8. | A statement of the current holdings of stocks held by foreigners under Article 9 of the Act and relevant certificates (applicable only to corporations); |
| 9. | Documents certifying that the person conducts business producing and providing contents in accordance with the provisions of any other Act under Article 16 (1) 3 or who produces and provides content. |
| (2) | Upon receipt of a report on business providing content for Internet multimedia broadcast services under paragraph (1), the Minister of Science and ICT shall issue a certificate of reporting the business providing content for Internet multimedia broadcast services to the relevant reporter. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Deleted. <Dec. 3, 2014> |
| (5) | Deleted. <Dec. 3, 2014> |
| (6) | Except as provided in paragraphs (1) through (5), a detailed procedure and method necessary for the reporting or registration of business providing content for Internet multimedia broadcast services shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Dec. 15, 2009; Mar. 23, 2013; Jul. 26, 2017> |
| Article 17-2 (Procedures for Reporting of Changes or Registration of Changes in Content Services) |
| (1) | Where an Internet multimedia broadcast content provider who has filed a report with the Minister of Science and ICT pursuant to Article 16 (1) changes any reported matter under the subparagraphs of Article 17 (1), he or she shall file a report on such change with the Minister of Science and ICT within seven days from the date he or she changes any matter: Provided, That where he or she has changed any matters under Article 17 (1) 7 or 8, he or she shall file a report on such changed matters based on the end of that year with the Minister of Science and ICT by March 31 of the following year. <Amended on Jul. 26, 2017> |
| (2) | Notwithstanding paragraph (1), where an Internet multimedia broadcast content provider who has filed a report with Minister of Science and ICT intends to change the following matters in relation to the provisions of Article 17 (1) 6 through 8, he or she shall file a report on changes with the Minister of Science and ICT within a period prescribed by the Enforcement Decree of the Broadcasting Act by applying Article 15-2 (1), (2) and (6) of the aforesaid Decree: <Amended on Jul. 26, 2017> |
| 1. | The largest investor in the relevant content provider (referring to the largest holder of voting shares or equity based on the percentage of shares or equity owned by the investor and his or her related parties in the relevant content provider; hereinafter the same shall apply); |
| 2. | A person who substantially controls the management rights. |
| (3) | An Internet multimedia broadcast content provider registered with the Minister of Science and ICT pursuant to Article 16 (2) changes matters under Article 8 (1) 1, 2, 3 (only applicable to paid-in capital), 5, 6, and 7 of the Enforcement Decree of the Broadcasting Act applied mutatis mutandis pursuant to Article 17 (4), he or she shall file a report on any change with the Minister of Science and ICT within seven days from the date he or she changes such matters (where he or she changes matters under subparagraph 5 of the aforesaid paragraph, by March 31 of the following year based on the end of that year), and where he or she intends to amend Article 8 (1) 4 of the Enforcement Decree of the Broadcasting Act, he or she shall register such change with the Minister of Science and ICT. <Amended on Jul. 26, 2017> |
| 1. | The largest investor in the relevant content provider: Reporting change; |
| 2. | Person who substantially controls the management rights: Reporting of change; |
| 3. | Merger and division of the relevant corporation: Registration of change. |
| (5) | A person who falls under the subparagraphs of Article 18 (3) of the Act falls under any of the following, he or she shall be deemed to have reported or registered any change under the provisions of paragraphs (1) through (4): |
| (6) | Except as provided in paragraphs (1) through (5), the Minister of Science and ICT shall determine and publicly notify a detailed procedure and method necessary for Internet multimedia broadcast content providers to report or register any change. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 3, 2014]
| Article 18 (Procedure for Approval of Contents Services) |
| 1. | A person who intends to provide content specially programmed for reports or contents generally programmed for various fields, including reports, educational programs, and entertainment, to Internet multimedia broadcast service providers: The Korea Communications Commission; |
| 2. | A person who intends to provide content specially programmed for the introduction and sales of commodities to Internet multimedia broadcast service providers: The Minister of Science and ICT. |
| (2) | When a provider of content for Internet multimedia broadcast services intends to change any of the following matters already approved, he or she shall file an application for approval for the change in his or her business providing content for Internet multimedia broadcast services with the Minister of Science and ICT or the Korea Communications Commission, but when such person intends to change a matter specified in any subparagraph of Article 17 (1) (excluding subparagraph 4), he or she shall file a report thereon to the Korea Communications Commission within seven days from the date of change. In such cases, Article 15-2 (1) and (2) of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the approval of a change under subparagraph 2 or 3: <Amended on Mar. 23, 2013; Dec. 3, 2014; Jul. 26, 2017> |
| 2. | The largest investor in the relevant contents services; |
| 3. | A person who exercises de facto control over the business. |
| (4) | Where the Minister of Science and ICT or the Korea Communications Commission receives an application for approval or application for approval of any change pursuant to the main clause of paragraph (1) and the former part of paragraph (2), he or she or the Commission shall determine whether to approve such application and shall notify the applicant of the result thereof within 30 days from the date he or she or the Commission receives the application. <Amended on Mar. 23, 2013; Dec. 3, 2014; Jul. 26, 2017> |
| (5) | Except as provided in paragraphs (1) through (4), the Minister of Science and ICT or the Korea Communications Commission shall determine and publicly notify detailed procedures and methods necessary for approval and approval of any change, sub-items subject to examination, methods of examination, and other necessary matters based on respective affairs falling under his or her or its jurisdiction. <Amended on Mar. 23, 2013; Dec. 3, 2014; Jul. 26, 2017> |
| Article 19 (Equal Access to Content) |
Pursuant to Article 20 (1) of the Act, the Minister of Science and ICT shall publicly announce major broadcast programs, out of real-time broadcast programs provided by a content provider for Internet multimedia broadcast services, in accordance with the following standards: <Amended on Mar. 23, 2013; Jul. 26, 2017> | 1. | Whether the viewer rate or share of viewing of the relevant real-time broadcast program is not lower than the rate specified by the Minister of Science and ICT; |
| 2. | Public benefit of the relevant real-time broadcast program; |
| 3. | Whether the competitiveness of an Internet multimedia broadcast service provider is likely to be severely weakened, thus potentially undermining a fair competition with other service providers, if the access to, or the use or transactions of, the relevant real-time broadcast program is denied, suspended, or restricted. |
| Article 20 (Application Mutatis Mutandis of the Enforcement Decree of the Broadcasting Act) |
| (1) | Articles 21 and 66-4 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the review on content of the real-time broadcast programs provided by Internet multimedia broadcast content providers. In such cases, the term “broadcasting business operator, relay cable broadcasting business operator, or electronic signboard broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main clause of and the proviso of Article 18 (2) of the Act”. <Amended on Dec. 3, 2014; Jun. 28, 2022> |
| 1. | “Required to operate at least 70 channels” in Article 53 (1) 2 (a) of the Enforcement Decree of the Broadcasting Act shall be construed as “required to operate at least 70 channels (limited to cases where the number of units of the real-time broadcast programs provided by all Internet multimedia broadcast content providers that operate TV broadcasting channels is at least the number specified above)"; |
| 3. | “If the total number of TV broadcasting channels exceeds 20/100 (excluding satellite mobile multimedia broadcasting business operators)” in Article 53 (2) 2 (e) of the Enforcement Decree of the Broadcasting Act shall be construed as “if the total number of TV broadcasting channels exceeds 20/100 (excluding satellite mobile multimedia broadcasting business operators; limited to cases where the number of units of the real-time broadcast programs provided by all Internet multimedia broadcast content providers that operate TV broadcasting channels is at least 70 channels)"; |
| 4. | “Channels for the public and channels for religious missionary work” in Article 54 (1) of the Enforcement Decree of the Broadcasting Act shall be construed as “channels for the public and channels for religious missionary work (limited to real-time broadcast programs provided by Internet multimedia broadcast content providers.)”. |
| (5) | Article 58 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the programming of broadcast programs outsourced by Internet multimedia broadcast content providers. In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main clause of and the proviso of Article 18 (2) of the Act”. <Amended on Dec. 3, 2014> |
| (7) | Article 60 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the notice of sponsoring by Internet multimedia broadcast content providers. In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who had filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main clause of and the proviso of Article 18 (2) of the Act”. <Amended on Dec. 3, 2014> |
| (8) | Articles 60-3 through 60-6 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to measures to be taken by Internet multimedia broadcast content providers to guarantee the universal right to view. In such cases, “broadcasting business operator” shall be construed as “Internet multimedia broadcast content provider who has filed a report (excluding a person who has filed a report pursuant to Article 16 (1) 3), or obtained registration or approval pursuant to the main clause of and the proviso of Article 18 (2) of the Act”. <Amended on Dec. 3, 2014> |
| (9) | Article 61 of the Enforcement Decree of the Broadcasting Act shall apply mutatis mutandis to the re-transmission by Internet multimedia broadcast service providers. In such cases, “cable television broadcasting business operator or relay cable broadcasting business operator” shall be construed as “Internet multimedia broadcast service provider”. |
| (10) | Article 61-3 of the Enforcement Decree of the Broadcasting Act (excluding paragraph (2) 1 (a) thereof) shall apply mutatis mutandis to the approval of domestic re-transmission by foreign broadcasting business operators via Internet multimedia broadcast service providers. In such cases, “broadcasting business operator” or “cable television broadcasting business operator or satellite broadcasting business operator” shall be construed as “Internet multimedia broadcast service provider”, respectively. |
| Article 21 Deleted. <Dec. 27, 2010> |
| Article 22 (Revocation of Permission) |
| (1) | The standards for the revocation of permission and the suspension of business under Article 24 (1) of the Act shall be as prescribed in Table 4 attached hereto. |
| (2) | When the Minister of Science and ICT makes a disposition to revoke permission or suspend business operations under Article 24 (1) of the Act, he or she shall notify the relevant Internet multimedia broadcast service provider of his or her disposition in writing. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 23 (Penalty Surcharges) |
| (2) | When the Minister of Science and ICT determines the amount of a penalty surcharge, he or she shall take into account the degree, frequency, etc. of the relevant violations. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The types of violation for which a penalty surcharge is to be imposed under Article 25 (1) of the Act and the amount of a penalty surcharge shall be as prescribed in Table 5 attached hereto. |
| Article 23-2 (Processing of Personally Identifiable Information) |
| 1. | Affairs concerning permission to operate Internet multimedia broadcast services under Article 4 of the Act; |
| 2. | Affairs concerning the renewal of permission to operate Internet multimedia broadcast services under Article 5-2 of the Act; |
| 3. | Affairs concerning permission to make any change or the reporting of any change in Internet multimedia broadcast services under Article 11 of the Act. |
| (2) | Where inevitable to conduct affairs concerning the reduction of or exemption from charges under the terms of service reported or approved pursuant to Article 15 (1) of the Act, Internet multimedia broadcast service providers and the Korea Association for ICT Promotion under Article 15 of the Framework Act on Broadcasting and Communications Development may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act or alien registration numbers under subparagraph 4 of the aforesaid Article. |
[This Article Newly Inserted on Aug. 6, 2014]
| Article 23-3 (Delegation of Authority) |
The Minister of Science and ICT shall delegate his or her authority over the formulation and announcement of technical standards concerning matters regarding the installation and maintenance of broadcast facilities of Internet multimedia broadcast service providers and concerning transmission and line facilities under Article 14-2 of the Act, to the Director General of the National Radio Research Agency pursuant to Article 26-2 of the Act. <Amended on Jul. 26, 2017> [This Article Newly Inserted on Dec. 3, 2014]
| Article 24 (Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines under Article 28 (1) of the Act shall be prescribed in Table 6 attached hereto.
ADDENDUM <Presidential Decree No. 20968, Aug. 12, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21890, Dec. 15, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 22550, Dec. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23514, Jan. 13, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 15, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24445, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25794, Dec. 3, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26324, Jun. 22, 2015>
This Decree shall enter into force on June 28, 2015.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 32199, Dec. 9, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2021.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 32723, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 12, 2022. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32724, Jun. 28, 2022>
This Decree shall enter into force on July 12, 2022.