CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure the freedom, public nature, and public interest of media, as well as the freedom of expression and the interests and rights of users; and to promote the balanced development of broadcast media and communications, the creation of a trust-based information environment, and the enhancement of international competitiveness through the independent and responsible operation of the Korea Media and Communications Commission, there by contributing to the protection of public rights and the promotion of public welfare.
| Article 2 (Principles of operation) |
| (1) | The Korea Media and Communications Commission shall endeavor to enhance the welfare of users of broadcast media and communications; ensure equity in access to information; and continuously pursue policies to realize universal service. |
| (2) | The Korea Media and Communications Commission shall establish and execute policies to ensure that public nature, diversity, the freedom of expression, and the people's right to know are guaranteed across all aspects of broadcast media and communications. |
| (3) | The Korea Media and Communications Commission shall establish standards and policies to protect user rights and interests, ensure information reliability, and form a transparent distribution structure, taking into account the characteristics of the digital media environment. |
| (4) | The Korea Media and Communications Commission shall promote a balance between regulatory and promotional policies to foster a fair competitive environment in the broadcast media sector and to ensure harmony with the establishment of an innovative industrial ecosystem converged with communications; and shall endeavor to create a fair competitive environment within the communications industry. |
| (5) | The Korea Media and Communications Commission shall maintain political neutrality and independence in performing its duties; ensure the fair and transparent exercise of its authority in accordance with the law; and establish a responsible operational system that is responsive to democratic oversight. |
CHAPTER II ESTABLISHMENT OF ESTABLISHMENT OF KOREA MEDIA AND COMMUNICATIONS COMMISSION
| Article 3 (Establishment of the Commission) |
| (1) | The Korea Media and Communications Commission (hereinafter referred to as "the Commission") is established under the President in order to perform the duties regarding broadcast media and the duties regarding communications regulation, user protection, etc. |
| (2) | The Commission shall be regarded as a central administrative agency under Article 2 of the Government Organization Act; however, Article 18 of that Act shall not apply to the following matters: |
| 1. | Matters referred to in subparagraphs 1 (excluding matters relating to the master plan for communications regulation) through 18, 20 through 24, and 28 of Article 12; |
| 2. | Other matters prescribed by Presidential Decree necessary for guaranteeing the independence of broadcasting services. |
| Article 4 (Composition of the Commission) |
| (1) | The Commission shall consist of 7 commissioners, including 1 chairperson (hereinafter referred to as the "chairperson"), 1 vice chairperson, and 1 standing commissioner; among these, 4 commissioners shall be non-standing commissioners. |
| (2) | The chairperson, the vice chairperson, and the standing commissioner shall be appointed as public officials in political service. |
| (3) | Notwithstanding Article 10 of the Government Organization Act, the chairperson, vice chairperson, and standing commissioners shall be members of the Government. |
| (4) | Non-standing commissioners may be reimbursed for actual expenses, including expenses incurred in the performance of their duties, as prescribed by rules of the Commission. |
| (1) | The chairperson and commissioners shall be appointed or commissioned by the President from among individuals meeting any of the following, taking into account their expertise in the broadcasting area and the information and communications area. In such cases, the chairperson shall be subject to a confirmation hearing by the National Assembly: |
| 1. | A person who majored in broadcasting, journalism, electronic engineering, communications engineering, law, economics, business administration, public administration, or any other field related to broadcasting, journalism, or information and communications, and who holds or has held a position of associate professor or higher at a university or an accredited research institute, or who holds or has hold an equivalent position for at least 15 years; |
| 2. | A public officer who holds or has held a position of Grade II or higher or an equivalent position thereto or a position in the Senior Executive Service, with experience in broadcasting, journalism, information and communications, or other related fields; |
| 3. | A person who holds or has held a position as a representative, or an executive officer or employee, of an organization or institution related to broadcasting, journalism, or information and communications for at least 15 years; |
| 4. | A person who has been engaged in user protection activities in the area of broadcasting, journalism, or information and communications for at least 15 years; |
| 5. | A person whose total work experience under subparagraphs 1, 3, and 4, and as a public official is at least 15 years. |
| (2) | Of the 7 commissioners, 2 commissioners, including the chairperson, shall be designated by the President; and 5 commissioners shall be appointed or commissioned under paragraph (1) upon the recommendation of the National Assembly. In this regard, when the National Assembly recommends commissioners, the negotiating group of the political party to which the President belongs or formerly belonged shall recommend 2 commissioners, including 1 standing commissioner, and the other negotiating groups shall recommend 3 commissioners, including 1 standing commissioner. |
| (3) | The vice-chairperson shall be selected from among the standing commissioners and shall be elected by the Commission. |
| (1) | The chairperson represents the Commission, presides over its meetings, and oversees its affairs. |
| (2) | The chairperson of the Commission may, if necessary, attend and speak at meetings of the State Council, and may recommend to the Prime Minister the submission of bills regarding affairs under the jurisdiction of the Commission. |
| (3) | The chairperson may attend and state opinions before the National Assembly regarding affairs under the jurisdiction of the Commission, and shall, upon the request of the National Assembly, attend to report or respond to inquiries. |
| (4) | If the chairperson is unable to perform the duties due to unavoidable reasons, the vice chairperson and the commissioners in an order of priority previously determined by the Commission shall act on behalf of the chairperson. |
| (5) | The National Assembly may pass a resolution for impeachment against the chairperson if the chairperson violates the Constitution or other statutes in the performance of the duties. |
| Article 7 (Term of commissioners) |
| (1) | The term of office for a commissioner shall be 3 years, and the commissioner may be reappointed only once. |
| (2) | If a vacancy occurs, a successor commissioner shall be appointed or commissioned without delay, and the term of the successor commissioner shall be the remainder of the term of the predecessor. |
| Article 8 (Guarantee of status) |
| (1) | No commissioner shall be dismissed or decommissioned against the commissioner's will except in any of the following cases: |
| 1. | When the commissioner becomes incapable of performing the duties for a prolonged period due to mental or physical disability; |
| 2. | When the commissioner becomes disqualified under Article 10; |
| 3. | When the commissioner violates an official duty under this Act or any other statute; |
| 4. | When the commissioner gains undue benefits in relation to the duties under the jurisdiction of the Commission under this Act or any other statute. |
| (2) | No commissioner shall receive any undue instruction or interference from any outside source in the performance of the duties. |
| Article 9 (Prohibition on concurrent holding of positions) |
| (1) | The chairperson, the vice chairperson, and other standing commissioners shall not engage in any business for profit other than their official duties, nor shall they concurrently hold any other position. |
| (2) | No commissioner shall engage in political activities. |
| (3) | Matters necessary for the limitations on business for profit under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | A commissioner who is not a public official shall be deemed a public official for the purposes of applying penalty provisions of the Criminal Act or any other statute. |
| Article 10 (Grounds for disqualification) |
| (1) | None of the following persons shall be eligible to serve as a commissioner: |
| 1. | A member of a political party under Article 22 of the Political Parties Act; |
| 2. | A person who is engaged in a business related to broadcasting or communications, or who has been engaged in such business within 3 years prior to appointment or commissioning; |
| 3. | A person subject to any of the subparagraphs of Article 33 of the State Public Officials Act; |
| 4. | A person who has been removed from office following a judgment of impeachment; |
| 5. | A person for whom 3 years have not elapsed since the date of retirement from a public office to which the person was elected under Article 2 of the Public Official Election Act; |
| 6. | A person for whom 3 years have not elapsed since the date the person ceased to be a member of the Presidential Transition Committee under Article 6 of the Presidential Transition Act. |
| (2) | The specific scope of persons engaged in a business related to broadcasting or communications under paragraph (1)2 shall be prescribed by Presidential Decree. |
| (3) | A commissioner shall automatically resign from office upon becoming subject to any of the subparagraphs in paragraph (1). |
CHAPTER III AFFAIRS UNDER THE COMMISSION'S JURISDICTION
| Article 11 (Affairs under the Commission's Jurisdiction) |
| (1) | The affairs under the Commission's jurisdiction are as follows: |
| 1. | Matters relating to the promotion and regulation of broadcasting, including policies for broadcast advertising, programming evaluation, broadcasting promotion planning, broadcasting policy planning, terrestrial broadcasting, broadcasting channels, paid broadcasting, new media, and digital broadcasting; |
| 2. | Matters relating to the regulation of communications and the protection of users, including the general supervision of investigation planning, market investigations in broadcasting and communications, protection of broadcasting and communications users, promotion of viewers' rights and interests, internet ethics, and the creation of a sound internet environment; |
| 3. | Matters relating to the management of frequencies for broadcasting; |
| 4. | Other matters prescribed by this Act or any other statute as the affairs of the Commission. |
| (2) | Details relating to the affairs of the Commission's jurisdiction under paragraph (1) shall be determined by Presidential Decree. |
| Article 12 (Matters subject to deliberation and resolution by the Commission) |
The Commission shall deliberate and decide on the following matters within its jurisdiction:
| 1. | Matters relating to the master plan for broadcast media and the master plan for communications regulation; |
| 2. | Matters relating to the recommendation for appointment of directors and the appointment of auditors of the Korean Broadcasting System; |
| 3. | Matters relating to the appointment of directors and auditors of the Foundation for Broadcast Culture; |
| 4. | Matters relating to the appointment of the president, directors, and auditors of the Korea Educational Broadcasting System; |
| 5. | Matters relating to the investigation and calculation of media diversity; |
| 6. | Matters relating to permission, re-permission, permission for modification, and revocation for terrestrial broadcasting operators and community radio broadcasting operators; |
| 7. | Matters relating to approval, re-approval, approval for modification, registration, registration for modification, reporting, reporting on modification, revocation for broadcasting program providers; |
| 8. | Matters relating to permission, re-permission, permission for modification, and revocation for satellite broadcasting business operators, CATV broadcasting business operators, CATV relay broadcasting business operators; |
| 9. | Matters relating to registration, registration for modification, and revocation for CATV music broadcasting business entities and electric sign board broadcasting business entities; |
| 10. | Matters relating to permission, re-permission, permission for modification, revocation, approval, etc. for broadcast advertising sales agencies under the Act on Broadcast Advertising Sales Agencies; |
| 11. | Matters relating to permission, re-permission, permission for modification, approval, approval for modification, registration, and revocation for internet multimedia broadcasting business entities under the Internet Multimedia Broadcasting Business Act; |
| 12. | Matters relating to the investigation of and sanctions for prohibited acts by broadcasting business entities; |
| 13. | Matters relating to the investigation of and sanctions for prohibited acts by broadcast advertising sales agencies; |
| 14. | Matters relating to the investigation of and sanctions for prohibited acts by internet multimedia broadcasting business entities under the Internet Multimedia Broadcasting Business Act; |
| 15. | Matters relating to the investigation of and sanctions for prohibited acts by telecommunications business entities; |
| 16. | Matters relating to the resolution of disputes between and among broadcasting business entities, internet multimedia broadcasting business entities under the Internet Multimedia Broadcasting Business Act, and telecommunications business entities; |
| 17. | Matters relating to the resolution of disputes between and among broadcast advertising sales agencies under the Act on Broadcast Advertising Sales Agencies; |
| 18. | Matters relating to the handling of viewer complaints and the protection of broadcasting and communications users; |
| 19. | Matters relating to the operation of the Community Media Foundation; |
| 20. | Matters relating to the guarantee of universal viewing rights; |
| 21. | Matters relating to the composition and operation of the Broadcasting Evaluation Committee; |
| 22. | Matters relating to the audience share of broadcasting business entities; |
| 23. | Matters relating to sanctions, etc. based on deliberations and resolutions by the Korea Media and Communications Standards Commission under Article 18; |
| 24. | Matters relating to the composition and operation off regional broadcasting development committees; |
| 25. | Matters relating to studies on and support for the promotion and regulation of broadcasting and the regulation of communications; |
| 26. | Matters relating to international cooperation for the promotion and regulation of broadcasting and the regulation of communications; |
| 27. | Matters relating to the management of broadcasting frequencies; |
| 28. | Matters relating to the operation, scheduling, sales, distribution, and transmission of broadcasting programs and advertisements; |
| 29. | Matters relating to the establishment, management, and operation of Funds related to broadcasting and communications; |
| 30. | Matters relating to dispute resolution, corrective requests, and user protection for value-added telecommunications service providers (excluding matters under the jurisdiction of the Ministry of Science and ICT); |
| 31. | Matters relating to the enactment of, amendment to, and repeal of statutes and regulations under the jurisdiction and other rules of the Commission; |
| 32. | Matters relating to the budget and budget formulation of the Commission; |
| 33. | Matters subject to deliberations and resolutions by the Commission in accordance with to this Act or other statutes. |
CHAPTER IV OPERATION OF THE COMMISSION
| (1) | A meeting of the Commission is convened by the chairperson at the request of at least 4 commissioners; provided, the chairperson may convene a meeting independently. |
| (2) | A meeting of the Commission shall be held with the attendance of at least 4 members and a resolution shall be adopted with the concurring vote of a majority of those present. |
| (3) | Commissioners may propose agenda items. |
| (4) | Meetings of the Commission shall be open to the public; provided, the Commission may, by resolution, decide not to disclose a meeting to the public if it falls under any of the following cases: |
| 1. | Where the disclosure of the meeting is likely to undermine national security; |
| 2. | Where the meeting contains any matter classified as secret or restricted from disclosure under other statutes or regulations; |
| 3. | Where it is recognized that disclosure is likely to damage the reputation or harm the legitimate interests of any individual, corporation, or organization; |
| 4. | Matters regarding audits, personnel management, etc., where disclosure would likely cause significant impediments to the fair performance of duties. |
| (5) | The Commission shall prepare and retain meeting minutes in accordance with its rules. |
| (6) | Any person intends to observe a public meeting of the Commission in the meeting room shall present identification proving the person's identity and obtain an observer pass prior to the commencement of the meeting. In such cases, the chairperson may limit the number of observers or order any observer to leave the room when necessary to ensure the proper conduct of the meeting and the maintenance of order. |
| (7) | Other matters necessary for the operation of meetings of the Commission shall be prescribed by rules of the Commission. |
| Article 14 (Exclusion of, challenge to, and refrainment by commissioner) |
| (1) | A commissioner shall be excluded from performing the duties in any of the following cases: |
| 1. | When any commissioner or his or her spouse or former spouse becomes a party to the matter, or is a joint holder or joint obligor in relation to the matter; |
| 2. | Where the commissioner is or was a relative of a party to the matter; |
| 3. | Where the commissioner has given testimony or has provided expert opinion in relation to the matter; |
| 4. | Where the commissioner is or was involved in the matter as an agent of a party to the matter; |
| 5. | Where the commissioner has involved in the disposition or omission subject to the matter. |
| (2) | The Commission shall decide on exclusion either on its own initiative or upon application by a party. |
| (3) | If circumstances exist that make it difficult to expect impartial deliberation or resolution from a commissioner, a party may file a challenge request; and the Commission shall decide on it by resolution; provided, challenge requests may not be filed against two or more commissioners regarding the same agenda item. |
| (4) | If any of the grounds under paragraph (1) or (3) applies to a commissioner, the commissioner may recuse himself or herself from the matter. |
| Article 15 (Establishment of specialized committees) |
| (1) | The Commission may establish specialized committees, special committees, or other such committees within the Commission, if necessary, to provide practical consultation on matters under its jurisdiction, to conduct preliminary reviews of matters for deliberation or resolution, or to efficiently perform tasks entrusted by the Commission. |
| (2) | Matters necessary for the composition and operation of specialized committees, special committees, or other such committees under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 16 (Annual reports) |
| (1) | The Commission shall, no later than 3 months after the end of each fiscal year, submit to the National Assembly a report on its operations for that fiscal year. |
| (2) | The Commission shall publish the report referred to in paragraph (1). |
| Article 17 (Administrative organization) |
| (1) | An administrative organization shall be established within the Commission to manage the affairs of the Commission. |
| (2) | The employees of the administrative organization shall be public officials in general service in the broadcasting and communications series; provided, public officials outside the broadcasting and communications series may be appointed as prescribed by Presidential Decree. |
| (3) | Matters necessary for the organization and operation of the administrative organization shall be prescribed by Presidential Decree. |
CHAPTER V KOREA MEDIA AND COMMUNICATIONS STANDARDS COMMISSION
| Article 18 (Establishment of Korea Media and Communications Standards Commission) |
| (1) | To ensure the public interest and fairness of broadcast content, promote a sound culture in information and communications, and foster an environment for the proper use of information and communications, an independent Korea Media and Communications Standards Commission (hereinafter referred to as the "Standards Commission") shall be established to perform its duties. |
| (2) | The Standards Commission shall consist of 9 commissioners. In this case, 3 commissioners, including 1 chairperson of the Standards Commission (hereinafter referred to as the "chairperson of the Standards Commission") and 1 vice-chairperson, shall serve as standing commissioners. |
| (3) | Commissioners of the Standards Commission (hereinafter referred to as "commissioners of the Standards Commission") shall be appointed or commissioned by the President. In this case, 3 commissioners shall be commissioned upon the recommendation of the Speaker of the National Assembly after consultation with the floor leaders of each negotiating group, and 3 commissioners shall be commissioned upon the recommendation of the competent standing committee of the National Assembly. |
| (4) | Three standing commissioners, including 1 chairperson and 1 vice chairperson, shall be elected by and among the commissioners; and matters necessary for their treatment, including compensation, shall be prescribed by rules of the Standards Commission. |
| (5) | The chairperson of the Standard Commission elected by and among the commissioners under paragraph (4) shall be appointed by the President after a confirmation hearing by the National Assembly, and the chairperson shall be appointed as a public official in political service. |
| (6) | The term of office for a commissioner of the Standards Commission shall be 3 years, and the commissioner may be reappointed only once; provided, if a vacancy occurs due to an accident, the term of the successor commissioner shall be the remainder of the term of the predecessor. |
| (7) | Other matters necessary for the composition and operation of the Standards Commission shall be prescribed by Presidential Decree. |
| Article 19 (Chairperson of the Standards Commission) |
| (1) | The chairperson of the Standard Commission shall represent the Standards Commission, preside over its meetings, and oversee its affairs. |
| (2) | The chairperson of the Standards Commission may recommend to the Prime Minister the submission of bills regarding affairs under the jurisdiction of the Standards Commission. |
| (3) | The chairperson of the Standards Commission shall attend to report or respond to inquiries upon the request of the National Assembly. |
| (4) | If the chairperson of the Standards Commission is unable to perform the duties due to unavoidable reasons, the vice chairperson and the commissioners in an order of priority previously determined by the Standards Commission shall act on behalf of the chairperson. |
| (5) | The National Assembly may pass a resolution for impeachment against the chairperson of the Standards Commission if the chairperson violates the Constitution or other statutes in the performance of the duties. |
| Article 20 (Grounds for disqualification of commissioner of the Standards Commission) |
| (1) | None of the following persons shall be eligible to serve as a commissioner of the Standards Commission: |
| 1. | A State public official or local public official as defined in Article 2 of the National Public Officials Act or Article 2 of the Local Public Officials Act; provided, this excludes educational public officials as defined in Article 2(1) of the Educational Public Officials Act, or the Supreme Court Justices or judges as defined in Article 4 or 5 of the Court Organization Act, or individuals who have become public officials in political service under Article 18(5); |
| 3. | An individual who is engaged in a business related to broadcasting or communications, or who has been engaged in such a business within 3 years prior to appointment or commissioning; |
| 3. | A person who is engaged in a business related to broadcasting or communications, or who has been engaged in such business within 3 years prior to appointment or commissioning; |
| 4. | A person subject to any of the subparagraphs of Article 33 of the State Public Officials Act; |
| 5. | A person for whom 3 years have not elapsed since the date of retirement from a public office to which the person was elected under Article 2 of the Public Official Election Act; |
| 6. | A person for whom 3 years have not elapsed since the date the person ceased to be a member of the Presidential Transition Committee under Article 6 of the Presidential Transition Act. |
| (2) | The specific scope of persons engaged in a business related to broadcasting or communications under paragraph (1)3 shall be prescribed by Presidential Decree. |
| Article 21 (Guarantee of status for commissioners of the Standards Commission) |
| (1) | No commissioner of the Standards Commission shall receive any undue instruction or interference from any outside source in the performance of the duties. 1차: 차ㅊ치ㅊ |
| (2) | With respect to the protection of the status of commissioners of the Standards Commission, Article 8(1) shall apply mutatis mutandis. In such cases, "Article 10" in subparagraph 2 of that paragraph shall be deemed "Article 20". |
| (3) | With regard to prohibition on concurrent holding of positions by standing commissioners of the Standards Commission, including the chairperson and vice chairperson, Article 9 shall apply mutatis mutandis. |
| Article 22 (Duties of the Standards Commission) |
The duties of the Standards Commission are as follows:
| 1. | Deliberation and resolution on matters under Article 32 of the Broadcasting Act; |
| 2. | Deliberation and resolution on sanctions, etc. under Article 100 of the Broadcasting Act; |
| 3. | Deliberation on matters under Article 44-7 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; |
| 4. | Deliberation on and requests for correction of information, as prescribed by Presidential Decree, that is necessary for fostering sound communication ethics among information publicly distributed and circulated to the general public via telecommunications lines; |
| 5. | Matters relating to the soundness of information distributed via telecommunications lines; |
| 6. | Matters relating to international cooperation for fostering a proper environment for the use of information and communications; |
| 7. | Matters relating to the Standards Commission's business plans, budgets, and final accounts; |
| 8. | Matters relating to the enactment of, amendment to, and repeal of the Standards Commission Rules; |
| 9. | Matters subject to deliberation by the Standards Commission as prescribed by other statutes and regulations; |
| (1) | Meetings of the Standards Commission shall be divided into regular meetings and special meetings. |
| (4) | Meetings of the Standards Commission shall be open to the public; provided, the Standards Commission may, by resolution, decide not to disclose a meeting to the public if it falls under any of the following cases: |
| 1. | Where the disclosure of the meeting is likely to undermine national security; |
| 2. | Where the meeting contains any matter classified as secret or restricted from disclosure under other statutes or regulations; |
| 3. | Where it is recognized that disclosure is likely to damage the reputation or harm the legitimate interests of any individual, corporation, or organization; |
| 4. | Matters regarding audits, personnel management, etc., where disclosure would likely cause significant impediments to the fair performance of duties. |
| (3) | A meeting of the Standards Commission shall adopt a resolution with a majority of all incumbent commissioners present and the concurrent vote of a majority of those present. |
| (4) | Notwithstanding paragraph (3), when an urgent resolution is required for the prompt remedy of rights infringed by photographic or video recordings or copies thereof (including copies of such copies) under Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes, a resolution may be adopted in writing (including electronic documents) as prescribed by rules of the Standards Commission. In such cases, the resolution shall be adopted by the concurrent vote of a majority of the incumbent commissioners of the Standards Commission. |
| (5) | The Standards Commission may establish subcommittees to efficiently perform certain duties within its jurisdiction, or establish special committees for advisory purposes in specific fields. |
| (6) | Any person intends to observe a public meeting of the Standards Commission in the meeting room shall present identification proving the person's identity and obtain an observer pass prior to the commencement of the meeting. In such cases, the chairperson of the Standards may limit the number of observers or order any observer to leave the room when necessary to ensure the proper conduct of the meeting and the maintenance of order. |
| (7) | Other matters necessary for the operation of meetings the Standards Commission and the composition and operation of subcommittees or special committees shall be prescribed by Presidential Decree. |
| Article 24 (Exclusion of, challenge to, and refrainment by commissioner) |
The provisions of Article 14 shall apply mutatis mutandis to the exclusion of, challenge to, recusal by a commissioner of the Standards Commission. In such cases, "commissioner" shall be construed as "commissioner of the Standards Commission" and "Commission" shall be construed as "Standards Commission".
| Article 25 (Establishment and publication of deliberation regulations) |
The Standards Commission shall establish and publish the following deliberation regulations necessary for performing its duties under Article 22:
| 1. | Regulations on Broadcasting Deliberation under Article 33 of the Broadcasting Act; |
| 2. | Regulations on Information and Communications Deliberation for deliberating on the matters in subparagraphs 3 and 4 of Article 22. |
| (1) | If the Standards Commission determines that the content of broadcasting or information and communications violates the deliberation regulations under Article 25, it may impose any of the following sanctions: |
| 1. | Sanctions, recommendations, or suggestion of opinions under Article 100(1) of the Broadcasting Act; |
| 2. | Refusal, suspension, or restriction of handling of unlawful information against to the distribution of the unlawful information listed in Article 44-7 of the Act on Promotion of Information and Communications Network Utilization and Information Protection. |
| (2) | The Standards Commission shall, when intending to determine sanctions under paragraph (1) and a request for correction under subparagraph 4 of Article 22, provide the party or its representative an opportunity to its opinions in advance; provided, when intending to determine a request for correction under subparagraph 4 of Article 22, the opportunity to state an opinion may not be given in any of the following cases: |
| 1. | Where there is an urgent need to make a request for correction to ensure public safety or welfare; |
| 2. | Where it is clearly impracticable or manifestly unnecessary to hear an opinion, and the contact information of the party concerned is unavailable; |
| 3. | Where it is clearly impracticable or manifestly unnecessary to hear an opinion, and it is deemed unnecessary to state an opinion in response to a request for correction because the facts that form the premise of the request for correction have been objectively proven by a final and conclusive judgment or other such judgment of a court; |
| 4. | Where the party concerned clearly indicate the party's intention to waive the opportunity to present an opinion. |
| (3) | When the Standards Commission determines a sanction under paragraph (1), it shall request the Commission to impose the sanction, without delay. |
| (4) | The chairperson of the Standards Commission may request broadcasting business entities, CATV relay broadcasting business entities, electric sign board broadcasting business entities, external producers, Internet multimedia broadcasting contents providers, or providers of information and communications services under Article 2(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as "broadcasting business entities, etc.") to submit data necessary for deliberation, when necessary for performing duties under subparagraphs 1 through 4 of Article 22. In such cases, broadcasting business entities, etc. requested to submit data shall comply therewith unless there is a good cause not to do so. |
| (5) | When the Commission receives a request from the Standards Commission for the imposition of sanctions in accordance with paragraph (3), it shall issue an order to impose the sanctions against the relevant business entities, etc. as prescribed by the Broadcasting Act or the Act on Promotion of Information and Communications Network Utilization and Information Protection. |
| (6) | Where the Standards Commission makes a request for correction, it shall inform the party of whether the party may institute administrative appeal and administrative litigation against the disposition, whether the party may object to the disposition, the procedure and period for making a request therefor, and other necessary matters. |
| (7) | If any of the broadcasting business entities, etc. fails to comply with a request for data submission under paragraph (4) or submits false data, the chairperson of the Standards Commission shall notify the chairperson of the Commission of the fact. |
| (1) | A Secretariat shall be established within the Standards Commission to manage the affairs of the Standards Commission. |
| (2) | The Secretariat shall have 1 Secretary-General and necessary staff, who shall be appointed by the chairperson of the Deliberation Committee. |
| (3) | Matters relating to the organization of the Secretariat shall be prescribed by Presidential Decree, and matters relating to the operation and remuneration thereof shall be prescribed by rules the Standards Commission. |
| (4) | Commissioners of the Standards Commission (excluding the chairperson thereof), the Secretary-General, and other Secretariat employees shall be deemed public officials for the purposes of applying penalty provisions of the Criminal Act or other statutes. |
| Article 28 (Duty of integrity and confidentiality) |
| (1) | Commissioners of the Standards Commission, members of special committees under Article 23, and employees of the Secretariat under Article 27(2) (including the Secretary-General; hereafter the same shall apply in this Article) shall not receive money, valuables, or other benefits from persons engaged in businesses related to broadcasting or information and communications subject to deliberation under this Act. |
| (2) | Commissioners of the Standards Commission, members of special committees under Article 23, and employees of the Secretariat under Article 27(2), or persons who have held such positions shall not divulge information obtained in the course of their duties to others or use it for purposes other than their duties. |
The State may pay expenses necessary for the operation, etc. of the Standards Commission from the following Funds or the National Treasury:
| 1. | Broadcast Communications Development Fund under Article 24 of the Framework Act on Broadcasting Communications Development; |
| 2. | Information and Communications Technology Promotion Fund under Article 41 of the Information and Communications Technology Industry Promotion Act; |
| 3. | Other Funds prescribed by Presidential Decree. |
| Article 30 (Standards Commission Rules) |
When the Standards Commission intends to enact, amend, or repeal the Standards Commission Rules under subparagraph 8 of Article 22, it shall give prior notice for at least 20 days and undergo the resolution of the Standards Commission. In such cases, the Standards Commission shall publish and announce the Rules in the Official Gazette.
| Article 31 (Administrative fines) |
| (1) | A person who fails to submit data required under Article 26(4) or submits false data without good cause shall be subject to an administrative fine not exceeding 30 million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Commission as prescribed by Presidential Decree. |
ADDENDA <Act No. 21066, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, among the statutes to be amended under Article 7 of the Addenda, any amendment made by this Act to a statute that was promulgated before this Act enters into force but whose enforcement date has yet to arrive shall enter into force on the enforcement date of the statute.
Article 2 (Repeal of other statutes)
The Act on the Establishment and Operation of the Korea Communications Commission is hereby repealed.
Article 3 (Transitional measures concerning jurisdictional affairs resulting from organizational abolition and establishment))
| (1) | The affairs of the former Korea Communications Commission and the Minister of Science and ICT under the Broadcasting Act, the Act on the Establishment and Operation of Korea Communications Commission, statutes related to the organization of the Government, and other statutes as at the time this Act enters into force shall be succeeded by the Korea Media and Communications Commission, as provided for in Article 11 (1). |
| (2) | Acts performed by or toward the Korea Communications Commission, the Minister of Science and ICT, etc. (hereafter referred to as "Korea Communications Commission, etc." in this paragraph) in accordance with the previous provisions as at the time this Act enters into force shall be deemed to have been performed by or toward the Korea Media and Communications Commission under this Act. |
| (3) | Enforcement decrees, rules, etc. pertaining to the affairs succeeded under paragraph (1) as at the time this Act enters into force shall be deemed to be rules, etc. of the Korea Media and Communications Commission. |
Article 4 (Transitional measures concerning public officials)
Public officials of the Ministry of Science and ICT as prescribed by Presidential Decree, as at the time this Act enters into force, and public officials of the Korea Communications Commission (excluding those in political service) shall be deemed public officials of the Korea Media and Communications Commission.
Article 5 (Transitional measures concerning affairs, rights, obligations, and employment relations of the Korea Media and Communications Standards Commission)
| (1) | The Korea Media and Communications Standards Commission under this Act shall succeed in all the affairs of the Korea Communications Standards Commission under Articles 18 to 30 of the previous Act on the Establishment and Operation of Korea Communications Commission as at the time this Act enters into force. |
| (2) | The Korea Media and Communications Commission under this Act shall succeed to all rights, obligations, and property of the Korea Communications Standards Commission under Articles 18 through 30 of the previous Act on the Establishment and Operation of Korea Communications Commission as at the time this Act enters into force; and the name of the Korea Communications Standards Commission indicated in the register and other official documents on its property, rights, and obligations shall be deemed to be the name of the Korea Communications Media Standards Commission under this Act. |
| (3) | The Korea Media and Communications Standards Commission under this Act shall succeed to all employment relations of the employees of the Korea Communications Standards Commission under Articles 18 through 30 of the previous Act on the Establishment and Operation of Korea Communications Commission as at the time this Act enters into force. |
| (4) | Acts performed by or toward the Korea Communications Standards Commission under the previous provisions as at the time this Act enters into force shall be deemed acts performed by or toward the Korea Media and Communications Standards Commission under this Act. |
| (5) | Expenses paid or to be paid by the State from a Fund or the national treasury to the Korea Communications Standards Commission in accordance with Article 28 of the previous Act on the Establishment and Operation of Korea Communications Commission before this Act enters into force shall be deemed to have been paid or to be paid to the Korea Media and Communications Standards Commission. |
| (6) | Notwithstanding Article 2 of the Addenda, the organization, operation, remuneration and other such matters of the Secretariat of the Korea Media and Communications Standards Commission as at the time this Act enters into force shall be governed by the previous rules of the Korea Communications Standards Commission until the rules of the Korea Media and Communications Standards Commission under this Act are enacted and enforced. |
| (7) | Notwithstanding Article 2 of the Addenda, the Deliberation Regulations of the Korea Communications Standards Commission under the previous provisions as at the time this Act enters into force shall be deemed as the Deliberation Regulations of the Korea Media and Communications Commission under this Act. |
Article 6 (Applicability concerning National Assembly Confirmation Hearing for chairperson of the Standards Commission)
Article 18(5) 5 shall begin to apply to the chairperson of the Standards Commission appointed after this Act enters into force.
Article 7 Omitted.
Article 8 (Relationship to other statutes or regulations)
| (1) | Any reference to the "Korea Communications Commission" or the "chairperson of the Korea Communications Commission" in other statutes and regulations as at the time this Act enters into force shall respectively be deemed a reference to the "Korea Media and Communications Commission" or the "chairperson of the Korea Media and Communications Commission" under this Act. |
| (2) | Any reference to the "Korea Communications Standards Commission" or the "chairperson of the Korea Communications Standards Commission" in other statutes and regulations shall respectively be deemed a reference to the "Korea Media and Communications Standards Commission" or the "chairperson of the Korea Media and Communications Standards Commission" under this Act. |
| (3) | Where other laws and regulations refer to the previous Act on the Establishment and Operation of Korea Communications Commission or any provisions thereof, if this Act contains corresponding provisions, the references shall be deemed to refer to this Act or the corresponding provisions of this Act in lieu of the previous Act on the Establishment and Operation of Korea Communications Commission or its provisions. |