RADIO WAVES ACT
Act No. 5637, Jan. 18, 1999
Act No. 924, Dec. 30, 1961
Amended by Act No. 1913, Mar. 14, 1967
Act No. 2280, Jan. 13, 1971
Act No. 2529, Feb. 16, 1973
Act No. 2999, Dec. 31, 1976
Act No. 3308, Dec. 31, 1980
Act No. 3514, Dec. 31, 1981
Act No. 3686, Dec. 30, 1983
Act No. 4193, Dec. 30, 1989
Act No. 4394, Aug. 10, 1991
Act No. 4393, Aug. 10, 1991
Act No. 4441, Dec. 14, 1991
Act No. 4435, Dec. 14, 1991
Act No. 4528, Dec. 8, 1992
Act No. 5218, Dec. 30, 1996
Act No. 5383, Aug. 28, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5470, Dec. 17, 1997
Act No. 5637, Jan. 18, 1999
CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to strive for the promotion of radio waves and contribute to the advancement of public welfare by providing for matters concerning the efficient utilization and control of radio waves and facilitating the utilization of radio waves and the development of radio wave technology.
[This Article Wholly Amended by Act No. 4441, Dec. 14, 1991]
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| Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows: <Amended by Act. No. 5637, Jan. 18, 1999>
| 1. | The term “radio waves” means electromagnetic waves of a frequency of not more than 3,000 Khz; |
| 2. | The term “radio telegraph” means a telecommunication system for sending or receiving signal codes by means of radio waves; |
| 3. | The term “radio telephone” means a telecommunication system for sending or receiving vocal and other sounds by means of radio waves; |
| 4. | The term “radio facility” means electronic equipment for sending or receiving radio waves, such as the radio telegraph and the radio telephone; |
| 5. | The term “radio station” means the whole of the radio facility and the persons who operate the radio facility: Provided, That the radio stations operating for the purpose of reception only shall not be included herein; |
| 6. | The term “radio operator” means a person who has passed the qualifications examination prescribed in Article 30 and completed registration as a person who operates and installs radio facility; |
| 7. | The term “installer” means a person who has obtained a radio station license from the Minister of Information and Communications; |
| 8. | The term “electromagnetic interference” means that the electromagnetic waves are emitted from (refers to the electromagnetic wave energy being spread out in space; hereinafter the same shall apply) or conducted through (refers to electromagnetic wave energy flowing through the electric source line; hereinafter the same shall apply) the apparatus generating the electromagnetic waves, thereby obstructing the performance of other apparatus; and |
| 9. | The term “electromagnetic compatibility” means what is suitable to the standards for prevention of any obstruction due to electromagnetic waves and the standards for protection from any obstruction due to electromagnetic waves set forth under Article 29-4. |
[This Article Wholly Amended by Act No. 5218, Dec. 30, 1996]
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| Article 3 (Treaties Relating to Radio Waves) |
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In cases where a treaty has provisions concerning with radio waves, the provisions of such treaty shall prevail over the provisions of this Act.
CHAPTER Ⅱ LICENSING OF RADIO STATIONS
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| Article 4 (Establishment of Radio Station) |
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| (1) | Any person who intends to establish a radio station shall obtain the permission of the Minister of Information and Communication as prescribed by the Presidential Decree: Provided, That a radio station that falls under any of the following subparagraphs and is prescribed by the Presidential Decree shall report to the Minister of Information and Communication: <Amended by Act No. 5218, Dec. 30, 1996> |
| 1. | A radio station that emits weak radio waves; |
| 2. | A radio station that receives radio waves exclusively; and |
| 3. | A radio station that is established in order to be used freely by the individual in his daily life as prescribed by the Minister of Information and Communication. |
| (2) | Notwithstanding the provisions of the main sentence of paragraph (1), when a person who intends to establish a radio station as prescribed by the Presidential Decree from among radio stations that are established in order to be offered the telecommunications service prescribed in subparagraph 7 of Article 2 of the Framework Act on Telecommunications has entered into use contract with a businessman in the field of telecommunication who offers such telecommunications service, he shall be considered to have obtained the permission of the Minister of Information and Communication with respect to such radio station. In this case, these shall not apply to the provisions of Articles 12, 16, 20, 61, and 75. <Added by Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| (3) | When a businessman in the field of telecommunication has entered into a use contract with a person who intends to establish a radio station pursuant to paragraph (2), he shall notify the Minister of Information and Communication of such fact as prescribed by the Ministerial Decree of Information and Communication. <Added by Act No. 5218, Dec. 30, 1996> |
| (4) | Notwithstanding the provisions of the main sentence of paragraph (1), the radio station established in a foreign country as determined by the Presidential Decree shall be deemed as having received the permission of the Minister of Information and Communication when the person who operates the station enters the Republic of Korea carrying the concerned radio facility. In this case, provisions of Articles 12, 16, 19, 20, 61, and 75 shall not apply. <Added by Act No. 5637, Jan. 18, 1999> |
| (5) | Notwithstanding the proviso of paragraph (1), a radio station that transmits weak radio waves and is prescribed by the Presidential Decree may be established without reporting to the Minister of Information and Communication. <Added by Act No. 5218, Dec. 30, 1996> |
| (6) | Services and classification of radio stations shall be determined by the Presidential Decree. |
[This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
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| Article 5 (Disqualification) |
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| (1) | A person falling under any of the following subparagraphs shall not be permitted to establish a radio station: Provided, That the same shall not apply to a person who establishes a radio station under the proviso of Article 4 (1), and paragraphs (2), (4), and (5) of the same Article: <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2280, Jan. 13, 1971; Act No. 2999, Dec. 31, 1976; Act No. 4193, Dec. 30, 1989; Act No, 5218, Dec. 30, 1996; Act No. 5683, Aug. 28, 1997; Act No. 5637, Jan. 18, 1999> |
| 1. | A person who does not hold the nationality of the Republic of Korea; |
| 2. | A foreign government or its representative; |
| 3. | A foreign juristic person or organization; |
| 4. | Deleted; <by Act No. 5637, Jan. 18, 1999> |
| 5. | A person who has been sentenced to imprisonment without prison labor or to a heavier sentence for committing a crime provided for in this Act, and for whom two years have not yet elapsed from the date when he completed his sentence, or from the date on which it was decided that the said completion of sentence be remitted; |
| 6. | Deleted; and <by Act No. 5637, Jan. 18, 1999> |
| 7. | A person who has been sentenced to a penalty for a crime on insurrection or on foreign aggression provided in the Criminal Act, a crime benefiting the enemy provided in the Military Criminal Act, or a crime violating the provisions of the National Security Act. |
| (2) | The provisions of paragraph (1) 1 through 3 shall not apply to the following subparagraphs: <Amended by Act No. 4193, Dec. 30, 1989; Act No. 4393, Aug. 10, 1991; Act No. 4435, Dec. 14, 1992; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| 1. | Experimental radio station (refers to a radio station to be used exclusively for carrying out experiments for the development of science and technology; hereinafter the same shall apply); |
| 3. | Radio station on an aircraft exclusively used for domestic air navigation for which permission has been granted under the proviso of Articles 145 and 148 of the Aviation Act; |
| 4. | Deleted. and <by Act No. 5637, Jan. 18, 1999> |
| 5. | Radio station that falls under any of the following items and is the same kind of radio station as those that a country which allows the Government, representative or citizen of the Republic of Korea to establish a radio station in its territory, allows its own Government, representative or citizen to establish: |
| (a) | Radio station established by a diplomatic mission such as an embassy, etc., carrying out the diplomatic and consular affairs of the country in question in the Republic of Korea, in a diplomatic establishment for the purpose of communication between specified places; |
| (b) | Amateur radio station (referring to radio stations utilized out of personal interest, for self-development, or used exclusively for technological research purposes; hereinafter the same shall apply); and |
| (c) | Radio station carrying out land mobile services and prescribed by the Presidential Decree; |
| 6. | In cases where a radio station is needed for an international or national event to be held in Korea, the radio station permitted to operate by the Minister of Information and Communication during the period of the event; and |
| 7. | Amateur radio station established by a person falling under one of the following items: |
| (a) | A person who acquired qualification as an amateur radio engineer granted in the Republic of Korea under the provisions of Article 30; and |
| (b) | A person who intends to operate a radio station during his stay in the Republic of Korea (limited to qualified amateur radio engineers who have gained the qualification in their home country), who is recommended by an organization determined by the Minister of Information and Communication. |
| (3) | The provisions of paragraph (1) 5 shall not apply to the government agencies, local government or those who obligatorily establish radio stations under other Acts and subordinate statutes. <Added by Act No. 4193, Dec. 30, 1989; Act No. 5637 Jan. 18, 1999> |
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| Article 6 (Application for License and Examination) |
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| (1) | Any person who intends to obtain a license for establishing a radio station shall submit to the Minister of Information and Communication, a written application as prescribed by the Presidential Decree. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996> |
| (2) | Deleted. <by Act No. 5637, Jan. 18, 1999> |
| (3) | On acceptance of the application as referred to in paragraph (1), the Minister of Information and Communication shall determine whether or not the application satisfies the following subparagraphs: <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| 1. | The construction design shall satisfy the technical standards under Article 29; |
| 2. | It shall be possible to assign a frequency; |
| 3. | There shall be a sufficient financial base to maintain the said services; and |
| 4. | The radio station shall satisfy the standards for the establishment of radio stations as prescribed by the Presidential Decree. |
| (4) | Where the Minister of Information and Communication deems it necessary for the examination of the application the provisions of paragraph (3), he may require the applicants to present necessary materials or hear their opinion. <Added by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996> |
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| Article 7 (License for Radio Station) |
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If the Minister of Information and Communication deems that the application satisfies the provisions of each subparagraph of Article 6 (3) after conducting the examination under the said paragraph, he shall grant a license for the radio station indicating the duration granted for construction of facilities and other matters as prescribed by the Presidential Decree. [This Article Wholly Amended by Act No. 5637, Jan. 18, 1999]
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| Articles 7-2 and 8 Deleted.<by Act No. 5218, Dec. 30, 1996> |
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| Article 9 (Inspection on Completion) |
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| (1) | An applicant who has been granted the license under Article 7 shall report to the Minister of Information and Communication upon completion of the construction of radio facilities, and have the equipment, qualification and the number of radio operators inspected. |
| (2) | When an applicant who has been granted the license for radio station under the provisions of Article 7 applies for extension of the term of completion indicated in the license under the provisions of the same Article, the Minister of Information and Communication may extend the term once. In this case, the extended period shall not excess one year. |
| (3) | The Minister of Information and Communication shall grant without delay the certificate on inspection of completion to the applicant when the inspection under the provisions of paragraph (1) of the concerned radio facility shows that it satisfies the technical standard under the provisions of Article 29 and that the qualification and designated number of radio operators meets the standard for placement of radio operators for each radio station under Article 37. |
[This Article Wholly Amended by Act No. 5637, Jan. 18, 1999]
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| Article 10 (Operation of Radio Station) |
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| (1) | A radio station shall be operated after the inspection of completion under Article 9: Provided, That the same shall not apply to the following radio stations: |
| 1. | A radio station as determined by the Presidential Decree which is an amateur station or a small scale radio station, or a radio station installed aboard a ship; |
| 2. | A radio station which has been granted a renewed permission under Article 12 (1); |
| 3. | A radio station which does not require construction, or which is too simple to require construction determined by the Presidential Decree; and |
| 4. | A radio station from a foreign country aboard a ship or an airplane which has yet to arrive at its destination in the Republic of Korea. |
| (2) | The radio station shall be operated within the scope of the contents stipulated in the registration certificate under Article 7; provided, |
if it conducts any of the following communications, this shall not apply:
| 1. | Rescue communications (referring to the communications conducted after transmitting emergency rescue signals, under grave and desperate circumstances occurring aboard a ship or an airplane; hereinafter the same shall apply); |
| 2. | Emergency communications (referring to communications conducted after transmitting the emergency signals, where a ship or an airplane faces the risk of a grave and immediate danger, and other desperate circumstances; hereinafter the same shall apply); |
| 3. | Precautionary communications (referring to radio communication conducted after transmitting the precautionary signal as a safety measure against dangerous circumstances awaiting ships or airplanes; hereinafter the same shall apply); |
| 4. | Contingency communications (referring to radio communication conducted to maintain order, secure interactive communications, save lives, and rescue from disasters when wire communications are unavailable or in the event of an earthquake, typhoon, tidal wave, avalanche, fire, and other emergency situations or any risks thereof; hereinafter the same shall apply); and |
| 5. | Other communications as determined by the Presidential Decree. |
[This Article Wholly Amended by Act No. 5637, Jan. 18, 1999]
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| Article 11 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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| Article 12 (Effective Term of License) |
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| (1) | The effective term of the license shall be determined by the Presidential Decree within five years and it may be renewed. <Amended by Act No. No. 5637, Jan. 18, 1999> |
| (2) | Notwithstanding the provisions of paragraph (1), the effective term of the license for a ship station on board a ship under the provisions of the Ship Safety Act (hereinafter referred to as “compulsory ship station”) and that for an aircraft station of an aircraft falling under the provisions of the Aviation Act (hereinafter referred to as “compulsory aircraft station”) shall be unlimited. <Amended by Act No. 3514, Dec. 31, 1981; Act No. 5470, Dec. 17, 1997> |
| (3) | The effective term of the permission under paragraph (1) shall be calculated from the date of receipt of the certificate on completion of construction. <Added by Act No. 5637, Jan. 18, 1999> |
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| Articles 13 and 14 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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| Article 15 Deleted.<by Act No. 5218, Dec. 30, 1996> |
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| Article 16 (Approval of Change) |
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| (1) | Where a person who obtained a license for a radio station pursuant to Article 7 intends to modify the matters concerning the said license, he shall obtain the permission of the Minister of Information and Communication as prescribed by the Presidential Decree: Provided, That where he modifies insignificant matters as prescribed by the Presidential Decree, the same shall not apply. <Amended by Act No. 5218, Dec. 30, 1996; Amended by Act No. 5637, Jan. 18, 1999> |
| (2) | Deleted. <by Act No. 5218, Dec. 30, 1996> |
| (3) | The provisions of Article 9 (2) shall be applicable mutatis mutandis to a person who has obtained a license under paragraph (1). <Amended by Act No. 2999, Dec. 31, 1976; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
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| Article 17 (Inspection of Change) |
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An installer who has obtained approval to make changes under Article 16 (1) shall not operate the approved radio facility before the equipment undergoes inspection by the Minister of Information and Communication and it is recognized that the result of the change agrees with the contents of the approval for changes. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 4441, Dec. 14, 1991; Act No. 5218, Dec. 30, 1996>
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| Article 18 Deleted.<by Act No. 5218, Dec. 30, 1996> |
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| Article 19 (Succession of License) |
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| (1) | The person under any of the following shall succeed to the status of the installer: |
| 1. | The radio operator who transfers his business with the radio station related to it; |
| 2. | The corporation established through merger or which is retained after merger of a corporation which is an installer; |
| 3. | The inheritor in case of inheritance of radio operator; and |
| 4. | The person who operates an airplane or a ship after the transfer of ownership or a lease contract, in case of a ship or an airplane which has a radio station. |
| (2) | The person falling under the provisions of paragraph (1) 1 or 2 shall obtain permission from the Minister of Information and Communication under the conditions as prescribed by the Ministerial Decree of Information and Communication. |
| (3) | The person who intends to succeed to the radio station as determined by the Presidential Decree and the person who falls under paragraph (1) 3 or 4 shall report to the Minister of Information and Communication under the conditions as prescribed by the Ordinance of the Minister of Information and Communication. |
| (4) | The provisions of Article 5 shall be applicable mutatis mutandis to the permission prescribed in paragraph (2), and to the report prescribed in paragraph (3). |
| (5) | Where there are two or more persons who have succeeded to the status of an installer by inheritance or merger, one person shall be selected as a representative from among them. |
[This Article Wholly Amended by Act No. 5637, Jan. 18, 1999]
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| Article 20 (Discontinuance and Suspension of Operation of Radio Station) |
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| (1) | In cases where an installer intends to stop or discontinue operation of his radio station for more than one month, he shall report it to the Minister of Information and Communication. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996> |
| (2) | The license of a radio station shall be null and void when the installer permanently closes his station. |
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| Article 21 Deleted.<by Act No. 5218, Dec. 30, 1996> |
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| Article 22 (Public Announcement of Radio Station) |
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Where the Minister of Information and Communication has granted a license for a radio station as prescribed by the Ministerial Decree of Information and Communication, he shall make a public announcement under the conditions as prescribed by the Ministerial Decree of Information and Communication.
[This Article Wholly Amended by Act No. 5637, Jan. 18, 1999]
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| Articles 23 through 25 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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| Article 26 (Safety Devices) |
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Radio facility shall be furnished with those devices as prescribed by the Ministerial Decree of Information and Communication so as not to cause any harm to persons or damage to objects. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 5218, Dec. 30, 1996>
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| Article 27 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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| Article 28 (Requirements for Compulsory Ship Station and Compulsory Aircraft Station) |
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| (1) | The radio telegraph of a compulsory ship station shall be equipped with auxiliary equipment satisfying the requirements as prescribed by the Ministerial Decree of Information and Communication. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 5218, Dec. 30, 1996> |
| (2) | The requirements for radio facility of a compulsory ship station and a compulsory aircraft station shall be prescribed by the Ministerial Decree of Information and Communication. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 5218, Dec. 30, 1996> |
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| Article 28-2 (Standardization of Techniques Utilizing Radio Waves) |
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| (1) | The Minister of Information and Communication may standardize techniques for utilization of radio waves for the purpose of efficient utilization of radio waves, maintenance of utilization order and protection of users, and recommend them to persons who manufacture radio facility: Provided, That they in conformity with matters for which the Korean Industrial Standards pursuant to Article 10 of the Industrial Standardization Act are established. <Amended by Act No. 4528, Dec. 8, 1992; Act No. 5218, Dec. 30, 1996> |
| (2) | Matters necessary for the standardization of techniques pursuant to the provisions of paragraph (1) shall be determined by the Ministerial Decree of Information and Communication. <Amended by Act No. 5218, Dec. 30, 1996> |
[This Article Added by Act No. 4441, Dec. 14, 1991]
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| Article 29 (Technical Standards) |
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Radio facility (excluding that used for the purpose of receiving broadcasts only) shall conform to the technical standards prescribed by the Ministerial Decree of Information and Communications. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999>
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| Article 29-2 (Type Approval or Type Registration) |
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| (1) | Any person who desires to manufacture or import radio facility apparatus shall undergo the type approval that the Minister of Information and Communication conducts or submits a type registration to the Minister of Information and Communication: Provided, That in cases where the apparatus falls under any of the following subparagraphs, this shall not apply: <Amended by Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| 1. | Apparatus manufactured for test purposes or imported for the research and development of wireless communications; |
| 2. | Apparatus not manufactured for sale in Korea, but for export; |
| 3. | Apparatus installed on ships or aircraft introduced from foreign countries (including any case based on a lease or charter contract); and |
| 4. | Apparatus of radio facilities manufactured in or imported from a foreign country, which is mutually recognized between countries not to be subject to type approval or type registration. |
| (2) | The matters necessary for the apparatus to be subject to the type approval or type registration, the methods and procedures thereof and the designation of the examination organ, etc., shall be prescribed by the Ministerial Decree of Information and Communication. In such cases, when it has been determined which apparatus is to be examined, the head of the central government agency concerned shall be consulted. <Amended by Act No. 5218, Dec. 30, 1996> |
| (3) | No apparatus that is subject to the type approval or type registration as referred to in paragraph (2) shall be sold or manufactured, exhibited, kept in custody or transported for sale, or installed in any radio station unless the indication of having passed the type approval or of having completed the type registration as prescribed by the Ministerial Decree of Information and Communication is made on said apparatus. <Amended by Act No. 5218, Dec. 30, 1996> |
[This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
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| Article 29-3 Deleted.<by Act No. 5218, Dec. 30, 1996> |
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| Article 29-4 (Standards for Prevention of Electromagnetic Interference, etc.) |
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The standards for preventing any electromagnetic interference by apparatus that causes the electromagnetic interference (hereinafter referred to as “apparatus causing electromagnetic interference”) and those for protection from electromagnetic waves of apparatus influenced by electromagnetic waves shall be prescribed by the Ministerial Decree of Information and Communication. <Amended by Act No. 5218, Dec. 30, 1996>
[This Article Added by Act No. 4193, Dec. 30, 1989]
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| Article 29-5 (Registration of Electromagnetic Compatibility) |
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| (1) | Any person who desires to manufacture or import apparatus causing electromagnetic interference or apparatus that is influenced by electromagnetic waves shall complete the registration of electromagnetic compatibility with the Minister of Information and Communication with respect to such apparatus: Provided, That this shall not apply to the apparatus corresponding to Article 29-2 (1) 1 , 2 and 4 or that which falls under any of the following subparagraphs, which has passed the test for electromagnetic interference malfunction and protection from electromagnetic waves under the related Acts and subordinate statutes which is equivalent to the test conducted for registration for the electromagnetic compatibility pursuant to this Act: <Amended by Act No. 4528, Dec. 8, 1992; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| 3. | Deleted; <by Act No. 5454, Dec. 13, 1997> |
| 6. | Fire-fighting appliances for which the form approval has been obtained pursuant to the Fire Services Act; and |
| (2) | The provisions of Article 29-2 (2) and (3) shall be applicable mutatis mutandis to apparatus subject to the registration for suitability to electromagnetic waves. <Amended by Act No. 5218, Dec. 30, 1996> |
[This Article Added by Act No. 4193, Dec. 30, 1989]
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| Article 29-6 (Efficient Utilization of radio facility) |
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An installer, when it is necessary for the efficient utilization of radio facility, may lease the whole or part of the radio facility of the radio station or entrust the operation thereof to another person, or may use it jointly with another person with the approval of the Minister of Information and Communication as prescribed by the Presidential Decree.
[This Article Added by Act No. 5218, Dec. 30, 1996]
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| Article 29-7 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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CHAPTER Ⅳ RADIO OPERATORS
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| Article 30 (Qualification of Radio Operators) |
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| (1) | A person who intends to become a radio operator shall pass the examination for technical qualification conducted under the conditions as prescribed by Acts and subordinate statutes relating to national technical qualification or the Ministerial Decree of Information and Communication (hereinafter referred to as “qualification examination”). |
| (2) | The person who has passed the qualification examination under paragraph (1) shall be registered with the Minister of Information and Communication under the conditions as prescribed by the Presidential Decree. |
| (3) | The operation of and construction work on the radio equipment in a radio station shall not be conducted by a person other than a radio operator: Provided, That this shall not apply where a ship or an aircraft cannot employ a radio operator because it is at sea or in flight or as prescribed by the Presidential Decree. |
| (4) | The qualification categories and classes of radio operators and the scope of operation by category shall be determined by the Presidential Decree. |
[This Article Wholly Amended by Act No. 5895, Feb. 8, 1999]
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| Articles 31 and 32 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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| Article 33 Deleted.<by Act No. 4441, Dec. 14, 1991> |
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| Articles 34 and 35 Deleted.<by Act No. 1913, Mar. 4, 1967> |
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| Article 36 Deleted.<by Act No. 5218, Dec. 30, 1996> |
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| Article 37 (Assignment of Radio Operators) |
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Radio operators shall be assigned to radio stations according to the fixed number of personnel by qualification as determined by the Presidential Decree: Provided, That no person who falls under any of the following subparagraphs shall be assigned to radio stations: <Amended by Act No. 5637, Jan. 18, 1999>
| 1. | An incompetent or a quasi-incompetent; and |
| 2. | A person who has been sentenced to a punishment for a crime of insurrection or of foreign aggression under the Criminal Act, a crime of benefiting the enemy under the Military Criminal Act, or a crime of violating the provisions of the National Security Act and has been sentenced to a punishment the severity of which is graver or of the same degree as imprisonment without forced labor, and for whom the term of execution has yet to be expired, or five years have not passed since the cancellation of sentence. |
[This Article Wholly Amended by Act No. 4441, Dec. 14, 1991]
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| Article 38 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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| Articles 39 and 40 Deleted.<by Act No. 5218, Dec. 30, 1996> |
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| Articles 41 and 42 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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| Article 42-2 (Observance of Communications Security) |
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Any installer or any person who is engaged in the radio communications service and any person who uses radio facility, shall observe matters concerning the security of communications under the conditions as prescribed by the Ministerial Decree of Information and Communication. <Amended by Act No. 5218, Dec. 30, 1996>
[This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
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| Article 43 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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| Article 44 (Radio Communications of Experimental Stations) |
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| (1) | An experimental radio station shall not communicate with a foreign experimental radio station. <Amended by Act No. 2280, Jan. 13, 1971> |
| (2) | In radio communications conducted by an experimental radio station or by an amateur radio station, the use of secret codes shall be forbidden. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 5637, Jan. 18, 1999> |
| (3) | An amateur radio station may conduct communications for a third party as determined by the Presidential Decree. <Added by Act No. 5637, Jan. 18, 1999> |
| (4) | An amateur radio station may conduct intermediary communication between wired and wireless communications determined by the Presidential Decree by installing a wired and wireless connecting device in the radio facility. <Added Amended by Act No. 5637, Jan. 18, 1999> |
법령보기 화면
| Articles 45 through 47 Deleted.<by Act No. 5637, Jan. 18, 1999> |
|
법령보기 화면
| Article 48 (Operating Hours) |
|
| (1) | Any ship station that handles international telecommunications services shall operate the radio station during navigation of the ship on the basis of the schedule as determined by the Presidential Decree according to the operating hours specified in the following table: <Amended by Act No. 4441, Dec. 14, 1991> |
| (2) | Deleted. <by Act No. 4441, Dec. 14, 1991> |
| (3) | The coast stations, coast global stations (refers to radio stations established on land to communicate with ship stations through a radio station in space; hereinafter the same shall apply), aeronautical stations, and aeronautical global stations (refers to radio stations established on land to communicate with aircraft stations through radio stations in space) shall be operated at all times except in such cases as prescribed by the Presidential Decree. <Amended by Act No. 4441, Dec. 14, 1991> |
| (4) | compulsory aircraft station shall be based on the hours as prescribed by the Presidential Decree. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 5218, Dec. 30, 1996> |
법령보기 화면
| Article 49 (Radio Silence) |
|
| (1) | Coast stations and ship stations are prohibited from emitting radio waves on frequencies in the band from 485 khz to 515 khz from the 15th minute to the 18th minute and from the 45th minute to the 48th minute of every hour, Greenwich Mean Time (hereinafter referred to as the “first silent period”): Provided, That this shall not apply to conducting distress and urgent communications, or transmitting safety signals in the last twenty seconds of the first silent period. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2280, Jan. 13, 1971> |
| (2) | Coast stations and ship stations are prohibited from emitting such radio waves on the frequencies referred to in paragraph (1) as prescribed by the Presidential Decree during the period prescribed by the Presidential Decree within a limit not exceeding six minutes in every hour (hereinafter referred to as “second silent period”). <Amended by Act No. 1913, Mar. 14, 1967; Act No. 5218, Dec. 30, 1996> |
| (3) | The proviso of paragraph (1) shall be applicable mutatis mutandis to the case referred to in paragraph (2). |
법령보기 화면
| Article 50 (Watch Keeping) |
|
| (1) | Radio stations falling under Categories 1, 2 and 3, to which the frequency 500 khz or 2,182 khz is assigned, shall continuously listen the frequency 500 khz or 2,182 khz. <Amended by Act No. 2282, Jan. 13, 1971; Act No. 2529, Feb. 16, 1973; Act No. 3308, Dec. 31, 1980; Act No. 4441, Dec. 14, 1991> |
| (2) | The coast stations and the ship stations falling under Category Ⅳ, to which the frequency 500 khz or 2,182 khz is assigned, shall maintain watch during the hours service (hereinafter referred to as “compulsory operating hours”) at the frequency 500 khz or 2,182 khz. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 2529, Feb. 16, 1973; Act No. 3308, Dec. 31, 1980; Act No. 4441, Dec. 14, 1991> |
| (3) | The radio stations referred to in paragraphs (1) and (2) are not headed to maintain watch in according with paragraphs (1) and (2) while they are engaged in communications except in the first silent period during their compulsory operating hours: Provided, That this shall not apply to a ship station equipped with an automatic alarm receiver. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2280, Jan. 13, 1971; Act No. 4441, Dec. 14, 1991> |
| (4) | The radio stations referred to in paragraphs (1) and (2) shall not listen to during their compulsory operating hours by means of an automatic alarm receiver: Provided, That this shall not apply to the cases in which they are communicating. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 4441, Dec. 14, 1991> |
| (5) | Any coast station, coast earth station, ship station, and ship earth station (refers to radio stations established on ships to communicate with coast global stations, etc. through radio stations in space) other than those referred to in paragraphs (1) and (2), which are assigned the frequency for distress communications, shall maintain watch on that frequency under the conditions as prescribed by the Ministerial Decree of Information and Communication. <Amended by Act No. 4441, Dec. 14, 1991; Act No. 5218, Dec. 30, 1996> |
| (6) | Deleted. <by Act No. 4441, Dec. 14, 1991> |
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| Article 51 (Listening Duty) |
|
Aeronautical and aircraft stations shall, during their compulsory operating hours, maintain watch at the frequencies as prescribed by the Presidential Decree. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 4441, Dec. 14, 1991; Act No. 5218, Dec. 30, 1996>
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| Article 52 (Distress Communications) |
|
| (1) | On receiving any distress communications, coast stations and ship stations shall, giving it priority above all other radio communications, immediately reply to it and take the best possible steps to issue radio communications related to the rescue, such as informing the radio station most conveniently situated for rendering rescue to the ship or aircraft in distress. |
| (2) | All radio stations shall, on receiving distress signals, immediately stop the emission of radio waves liable to cause interference therewith. |
법령보기 화면
| Article 53 (Urgent Communications) |
|
| (1) | Coast stations and ship stations shall handle urgent communications next in priority to distress communications. |
| (2) | Coast stations and ship stations shall, on receiving urgent signals, receive urgent communications for at least three minutes continuously, except when conducting distress communications. |
법령보기 화면
| Article 54 (Safety Communications) |
|
| (1) | Coast stations and ship stations shall handle safety communications promptly and correctly. |
| (2) | Coast stations and ship stations must, on receiving safety signals, keep listening to such communications until they confirm that the communications no concern to them. |
법령보기 화면
| Article 55 (Radio Communications for Adjustment of Apparatus of Ship Station) |
|
In cases where a coast station or a ship station is requested by another ship station to exchange communications necessary for the adjustment of radio facility apparatus, it shall comply with the request as long as circumstances permit.
법령보기 화면
| Article 56 (Notification of Entering or Exiting Radio Communications Zone) |
|
| (1) | When a ship station has entered or is exiting the radio communications zone of a coast station, it shall notify the coast station to that effect: Provided, That this shall not apply to cases as prescribed by the Presidential Decree. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 5218, Dec. 30, 1996; Act No. 5218, Dec. 30, 1996> |
| (2) | The radio communications zone of a coast station referred to in paragraph (1) shall be prescribed by the Presidential Decree. <Amended by Act No. 1913, Mar. 14, 1967> |
법령보기 화면
| Article 57 (Application) |
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The provisions of Articles 49 (1), and 52 through 54 shall be applicable mutatis mutandis to the operation of aeronautical and aircraft stations. <Amended by Act No. 1913, Mar. 14, 1967>
법령보기 화면
| Article 58 (Contact of Aircraft Stations) |
|
An aircraft station shall, while the aircraft is in flight, keep contact with the aeronautical station as prescribed by the Presidential Decree according to the method as prescribed by the Presidential Decree. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 5218, Dec. 30, 1996>
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| Article 59 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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법령보기 화면
| Article 60 (Investigation and Measures) |
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| (1) | If the Minister of Information and Communication deems that a person has violated the provisions of Articles 4, 16, 29, 29-2, 29, 72 and 74, he may have a public official concerned investigate or examine the violated matters under the conditions as prescribed by the Ministerial Decree of Information and Communication. <Amended by Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| (2) | If an offense is confirmed as a result of the investigation or examination set forth in paragraph (1), the Minister of Information and Communication may order any person who installs, owns, manufactures, sells, exhibits, keeps in custody or transports the equipment to take necessary measures, such as correction, demolition, abandonment, removal, discontinuance of use, or discontinuance of production, etc. as prescribed by the Ministerial Decree of Information and Communication. |
[This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
법령보기 화면
| Article 61 (Regular Inspection) |
|
| (1) | The Minister of Information and Communication shall, for every term specified by the Ministerial Decree of Information and Communication within the limit of five years, send a concerned public official to a radio station which has been permitted under Article 7, and have him inspect it. |
| (2) | Matters concerning the time, method, and procedure of the regular inspection under paragraph (1) shall be determined by the Ministerial Decree of Information and Communication. |
[This Article Wholly Amended by Act No. 5637, Jan. 18, 1999]
법령보기 화면
| Article 62 (Temporary Inspection) |
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Where the ship or the aircraft aboard which a radio station is installed is to leave for a foreign country or it is especially necessary for the enforcement of this Act, the Minister of Information and Communication may send a concerned public official to such station and have him inspect whether the radio facilities meet the technical standards, qualification and number of radio operators, or other necessary matters.
[This Article Wholly Amended by Act No. 5637, Jan. 18, 1999]
법령보기 화면
| Article 63 (Presentation of Certificate) |
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The public official authorized to enter and inspect a radio station in accordance with the provisions of this Chapter shall show a certificate of authority to the installer or other persons concerned. <Amended by Act No. 4193, Dec. 30, 1989>
법령보기 화면
| Article 63-2 (Monitoring of Radio Waves) |
|
In order to promote the efficient utilization of radio waves and maintain the order in radio waves, such as rapid removal of interference etc., the Minister of Information and Communication shall execute monitoring of radio waves. <Amended by Act No. 5218, Dec. 30, 1996>
[This Article Added by Act No. 4193, Dec. 30, 1989]
법령보기 화면
| Article 64 (Change of Frequencies and Compensation for Damage) |
|
| (1) | Where Acts and subordinate statutes related to radio waves are amended or it is deemed necessary for the public interest, the Minister of Information and Communication may change the designation of frequencies or antenna power of a radio station to the extent that such a change will not hinder the accomplishment of the purpose of the station concerned. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 4441, Dec. 14, 1991; Act No. 5218, Dec. 30, 1996> |
| (2) | The Government shall compensate the installer for damage resulting from a change in designation of the frequencies and the antenna power of a radio station under paragraph (1): Provided, That this shall not apply to cases where the change has been made due to the revision of treaties concerning radio waves or the request of the installer. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2999, Dec. 31, 1976> |
| (3) | In cases where the Government has provided compensation for any damage under the main sentence of paragraph (2), if there is any person who caused the change in designation such as a person who has been newly granted a designation of an existing frequency, the Government may request the said person to reimburse it. <Added by Act No. 4441, Dec. 14, 1991> |
| (4) | The loss to be compensated for in accordance with paragraph (2) shall be the loss that may normally result from the disposition mentioned to in paragraph (2). |
| (5) | A person who does not agree with an amount to be paid under paragraph (2) may request that the amount be increased by means of litigation within three months from the date on which he was notified of the determination of the amount to be paid. |
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| Articles 65 and 66 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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법령보기 화면
| Article 67 (Revocation of License of Radio Station) |
|
| (1) | If an installer falls under disqualification pursuant to Article 5 (1)1 through 3 and 7, the license of the radio station shall cease to be effective. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3308, Dec. 31, 1980; Act No. 5637, Jan. 18, 1999> |
| (2) | If the installer falls under any of the categories in the following subparagraphs, the Minister of Information and Communication may order the installer to suspend operation of the radio station or to limit the permitted operating hours, frequency or antenna power of the radio station for a fixed period not exceeding six months as prescribed by the Ministerial Decree of Information and Communication: <Amended by Act No. 3308, Dec. 31, 1980; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| 1. | Where he does not make a report under Article 19 (3); |
| 2. | Deleted; <by Act No. 5637, Jan. 18, 1999> |
| 3. | Where he has rejected or hindered an inspection under Article 61 or 62 (including the cases of mutatis mutandis application in Article 72 (3)); and |
| 4. | Where he has violated this Act or an order issued thereunder or the dispositions based thereupon. |
| (3) | In case where falling under any of the following subparagraphs apply, the Minister of Information and Communication may revoke the license of a radio station, order it to change its radio facility, or restrict or suspend its operation: <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996> |
| 1. | Where a state of emergency exists; and |
| 2. | Where it is required for preventing any interference. |
| (4) | Where an installer falls under any of the categories in the following subparagraphs, the Minister of Information and Communication may revoke the license of a radio station: <Amended by Act No, 5637, Jan. 18, 1999> |
| 1. | Where he has come under the provisions of Article 5 (1) 5; |
| 2. | Where he has not completed the construction after 30 days from the expiration of construction period granted (the extended period under Article 9 (2), if extended) under Article 7; |
| 3. | Where he has operated a radio station without undergoing inspection, against the provisions of the main sentence of Article 10 (1); |
| 4. | Where he has obtained a radio station license or the approval under Article 7 or the permission for change under Article 16 by illegal means; |
| 5. | Where he has suspended the operation of the station for a continuous period of six months or more without any justifiable reason; |
| 6. | Where he has failed to pay the radio waves user fee under Article 74-5; and |
| 7. | Where he has violated this Act, an order issued hereunder, or a dispositions based hereupon. |
| (5) | The Minister of Information and Communication shall give the installer a written notice to the effect that the license has been revoked in the case of paragraph (1), or a written notice of the reason in the case of making a disposition pursuant to paragraphs (2) through (4). <Amended by Act No. 3308, Dec. 31, 1980; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996> |
| (6) | Deleted. <by Act No. 5683, Aug. 28, 1997> |
법령보기 화면
| Article 67-2 (Imposition of Penalty) |
|
| (1) | Where a suspension of operation of a radio station or restriction on frequency, etc. is to be ordered under Article 67 (2), if such suspension or restriction might cause serious inconvenience to users of the radio station or be detrimental to the public interest, the Minister of Information and Communication may impose a penalty not exceeding twenty million won in lieu of the suspension or restriction. <Amended by Act No. 5218, Dec. 30, 1996> |
| (2) | The categories of offenses for which the penalty set forth in paragraph (1) is imposed, the amount of the penalty surcharge proportional to the degree of the offense, and other necessary matters shall be determined by the Presidential Decree. |
| (3) | The provisions of Articles 67 (5) and 75 (2) shall be applicable mutatis mutandis to the imposition and collection of the penalty pursuant to paragraph (1). <Amended by Act No. 5683, Aug. 28, 1997> |
[This Article Added by Act No. 4441, Dec. 14, 1991]
법령보기 화면
| Article 67-3 (Cancellation of Type Approval or Type Registration) |
|
| (1) | In case where the circumstances in any of the following subparagraphs apply to a person who has passed the type approval or completed the type registration under Article 29-2 (1), the Minister of Information and Communication may cancel the validity of his passing the type approval or completing the type registration with respect to apparatus of radio facility as prescribed by the Ministerial Decree of Information and Communication: |
| 1. | The person has passed the type approval or completed the type registration by false or other unfair means; |
| 2. | Apparatus that is produced after the type approval has been passed or the type registration does not meet the standards for required to pass the type approval or complete the type registration; and |
| 3. | There is no indication of the person’s having passed the type approval or completed the type registration or there is a false indication thereof. |
| (2) | A person whose passing of the type approval or whose type registration has been cancelled under paragraph (1) shall not apply for the type approval or undertake the form registration with respect to the same kinds of apparatus within the period prescribed by the Ministerial Decree of Information and Communication, within the limit of one year from the date of such cancellation. |
| (3) | Deleted. <by Act No. 5683, Aug. 28, 1997> |
[This Article Added by Act No. 5218, Dec. 30, 1996]
법령보기 화면
| Article 67-4 (Cancellation of Registration for Suitability to Electromagnetic Compatibility) |
|
The provisions of Article 67-3 shall be applicable mutatis mutandis to registration for electromagnetic compatibility pursuant to Article 29-5 (1). [This Article Added by Act No. 5218, Dec. 30, 1996]
법령보기 화면
| Article 68 Deleted.<by Act No. 5218, Dec. 30, 1996> |
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법령보기 화면
| Article 69 (Revocation, etc. of Radio Operator’s License) |
|
| (1) | In cases where a radio operator falls under any of the categories in the following subparagraphs, the Minister of Information and Communication may, in accordance with the Ministerial Decree of Information and Communication, revoke the radio operator’s license or order his suspension from engaging in radio communications service for a fixed period of not less than six months and not more than two years: <Amended by Act No. 2999, Dec. 31, 1976; Act No. 3308, Dec. 31, 1980; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| 1. | In case where he has violated this Act or an order issued thereunder or the dispositions based thereupon; |
| 2. | In case where he has acquired a radio operator’s license by fraud or other unlawful means; |
| 3. | Deleted; <by Act No. 4441, Dec. 14, 1991> |
| 4. | Deleted; and <by Act No. 5637, Jan. 18, 1999> |
| 5. | Deleted. <by Act No. 4441, Dec. 14, 1991> |
| (2) | Deleted. <by Act No. 4441, Dec. 14, 1991> |
| (3) | Deleted. <by Act No. 5683, Aug. 28, 1997> |
법령보기 화면
| Articles 70 and 71 Deleted.<by Act No. 5637, Jan. 18, 1999> |
|
CHAPTER Ⅶ-2 RADIO STATION MANAGEMENT AGENCY
법령보기 화면
| Article 71-2 (Radio Station Management Agency) |
|
| (1) | In order to research, develop and disseminate projects to promote radio waves and techniques related to radio waves and carrying out efficiently projects for promoting the welfare of radio operators and affairs entrusted by the Government, the radio station management operation agency (hereinafter referred to as “agency”) shall be established. <Amended by Act No. 4441, Dec. 14, 1991> |
| (2) | The agency shall be a juristic person. |
| (3) | The agency shall come into existence by completing registration of incorporation at the seat of its principal office. |
[This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
법령보기 화면
| Article 71-3 (Articles of Association) |
|
| (1) | The articles of association of the agency shall cover the following matters: |
| 3. | Matters concerning the principal and regional offices; |
| 4. | Matters concerning officers and employees; |
| 5. | Matters concerning the board of directors; |
| 6. | Matters concerning projects and execution thereof; |
| 7. | Matters concerning property and accounting; |
| 8. | Matters concerning the modification of articles of association; |
| 9. | Matters concerning the method of public notice; and |
| 10. | Matters concerning enactment, amendment and repeal of the statute and rules. |
| (2) | In a case where the agency wishes to modify its articles of association, it shall obtain the approval of the Minister of Information and Communication. <Amended by Act No. 5218, Dec. 30, 1996> |
[This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
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| Article 71-4 Deleted.<by Act No. 5637, Jan. 18, 1999> |
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법령보기 화면
| Article 71-5 (Delegation of Authority) |
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Such matters as the composition and operation of the board of directors of the agency, the term of office, operation, supervision, etc., of the agency shall be determined by the Presidential Decree.
[This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
법령보기 화면
| Article 71-6 (Legal Fiction as Public Official in Application of Penal Provisions) |
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[This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
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| Article 71-7 (Mutatis Mutandis Application of Civil Act) |
|
Except as otherwise provided by this Act, the provisions of the Civil Act concerning a incorporated foundation shall be applicable mutatis mutandis to the agency. [This Article Wholly Amended by Act No. 4193, Dec. 30, 1989]
CHAPTER Ⅶ-3 PROMOTION OF RADIO WAVES
법령보기 화면
| Article 71-8 (Basic Plan for Promotion of Radio Waves) |
|
| (1) | The Minister of Information and Communication shall establish a basic plan for promotion of radio waves (hereinafter referred to as a “basic plan”) to facilitate the development of technology on radio waves and utilization of radio waves, and publicly announce it. <Amended by Act No. 5218, Dec. 30, 1996> |
| (2) | The basic plan shall include the following matters: |
| 1. | Promotion of projects using radio waves; |
| 2. | Development of radio wave resources; |
| 3. | Improvement of radio wave environment; |
| 4. | Development of radio wave techniques; |
| 5. | Safety of radio wave utilization; |
| 6. | Training of expert manpower for radio waves; |
| 7. | Improvement of order in radio wave utilization; and |
| 8. | Other matters concerning promotion of radio waves. |
[This Article Added by Act No. 4441, Dec. 14, 1991]
법령보기 화면
| Article 71-9 (Support to Research Institutions, etc.) |
|
The Minister of Information and Communication shall guide and support institutions and organizations doing research on radio waves for the purpose of promoting radio waves as prescribed by the Presidential Decree.
[This Article Added by Act No. 4441, Dec. 14, 1991]
법령보기 화면
| Article 71-10 (Development of Radio Wave Utilization Techniques) |
|
The Minister of Information and Communication shall, after consulting with the head of the administrative agency concerned, determine the object and standards of radio wave techniques that he intends to develop as a priority on the basis of the basic plan, and give public notice thereof.
[This Article Added by Act No. 4441, Dec. 14, 1991]
법령보기 화면
| Article 71-11 (Public Notice on Utilization of Frequency) |
|
If the Minister of Information and Communication makes adjustment in the allocation of the frequency bands or secures usable frequency through development of new frequency bands, he shall give public notice thereof. <Amended by Act No. 5218, Dec. 30, 1996>
[This Article Added by Act No. 4441, Dec. 14, 1991]
법령보기 화면
| Article 71-12 (Korea Radio Waves Promotion Association) |
|
| (1) | In order to create the development base for radio wave promotion by striving for efficient utilization of radio wave resources and coping with any change in the radio wave environment, the Korea Radio Waves Promotion Association (hereinafter referred to as “association”) may be established. |
| (2) | The association shall be a juristic person. |
| (3) | Any person who operates a business related to radio waves, any organization that researches and develops radio waves, or any businessman in the field of telecommunications pursuant to the Telecommunications Business Act may be a member of the association. |
| (4) | Projects of the association and other necessary matters shall be determined by the Presidential Decree. |
| (5) | Except as provided by this Act, the provisions of the Civil Act concerning an incorporated association shall be applicable to the Association. |
[This Article Added by Act No. 4441, Dec. 14, 1991]
CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS
법령보기 화면
| Article 72 (Equipment Utilizing High Frequency) |
|
| (1) | Any person who intends to set up any of the equipment mentioned below shall obtain a license from the Minister of Information and Communication for such equipment: <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996> |
| 1. | Telegraph, telephone and other telecommunications equipment with a high-frequency electric current of not less than 10 khz running in its wire circuits (excluding cable carrier equipment and balanced 2 bare wire carrier equipment); and |
| 2. | radio facility and equipment other than the equipment mentioned in paragraph (1) that use high-frequency electric current of not less than 10 khz and that are prescribed by the Presidential Decree. |
| (2) | Upon receiving the application for license under paragraph (1), the Minister of Information and Communication shall grant the license where it is recognized that the equipment applied for meets the technical standards under Article 29 and the use of the frequencies applied for will not cause interference with any other radio communications. <Amended by Act No. 5637, Jan. 18, 1999> |
| (3) | The provisions of Articles 7, 9, 16, 20, 29, 61 through 63 and Article 67 (2) through (4) shall be applicable mutatis mutandis to equipment licensed under paragraph (1). <Amended by Act No. 5637, Jan. 18, 1999> |
법령보기 화면
| Article 73 Deleted.<by Act No. 5637, Jan. 18, 1999> |
|
법령보기 화면
| Article 74 (Protection of Functioning of Radio Direction-Finding Equipment) |
|
| (1) | Any person who intends to construct, within one kilometer from the site of radio direction-finding equipment established by the Minister of Information and Communication, such buildings or structures as provided by the Presidential Decree, which are feared to cause disturbance of radio waves in the electric field, shall obtain the approval of the Minister of Information and Communication. <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 4193, Dec. 30, 1989; Act No. 5218, Dec. 30, 1996> |
| (2) | The site of the radio direction-finding equipment in paragraph (1) shall be publicly announced by the Minister of Information and Communication: Provided, That if it is deemed necessary for maintaining the security of communications, the Minister of Information and Communication may notify the head of the administrative agency concerned instead of publicly announcing the location of the equipment. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3308, Dec. 13, 1980; Act No. 3514, Dec. 31, 1981; Act No. 5218, Dec. 30, 1996> |
법령보기 화면
| Articles 74-2 and 74-3 Deleted.<by Act No. 5637, Jan. 18, 1999> |
|
법령보기 화면
| Article 74-4 (Protection of Broadcast Reception) |
|
| (1) | Any person who owns a building obstructing the reception of normally receivable broadcasts shall take any measure necessary to remove such obstacle. |
| (2) | The standards for a normally receivable broadcast mentioned in paragraph (1) shall be determined by the Ministerial Decree of Information and Communication. <Amended by Act No. 5218, Dec. 30, 1996> |
[This Article Added by Act No. 4193, Dec. 30, 1989]
법령보기 화면
| Article 74-5 (Spectrum User Fee) |
|
| (1) | The Minister of Information and Communications may impose and collect fee for radio waves used by a radio station (hereinafter referred to as “spectrum user fee”) from the installer of the radio station: Provided, That an installer of a radio station that falls under the categories in subparagraphs 1 and 2 of the following subparagraphs may be exempted from such fee, and an installer of a radio station that falls under the categories in subparagraph 3 may be exempted from the whole or part of such fee as prescribed by the Presidential Decree: <Amended by Act No. 5218, Dec. 30, 1996; Act No. 5683, Aug. 28, 1997> |
| 1. | Radio stations established by the State or a local government; |
| 2. | Radio stations that are operated for broadcasting but not for profit, and those that pay the trustee fee for broadcast advertisements under Article 20 (1) of the Korea Broadcasting Advertisement Corporation Act; and |
| 3. | Radio stations whose purpose is not for profit or which are established for promoting the public welfare, as prescribed by the Presidential Decree. |
| (2) | Matters necessary for criteria for the imposition and collection method of radio waves rent shall be determined by the Presidential Decree. |
| (3) | Spectrum user fee shall be employed for appropriating expenses needed for the control of radio waves and for promoting radio waves. |
| (4) | If a person who is to pay radio waves rent fails to pay it until the time limit of payment, the Minister of Information and Communication may collect as additional dues an amount equivalent to the rate as prescribed by the Ministerial Decree of Information and Communication with a limit of 5/100 of the amount of spectrum user fee in arrears. |
| (5) | If payment of the spectrum user fee pursuant to paragraph (1) or the additional dues pursuant to paragraph (4) is in arrears, it may be collected according to examples of disposition of national tax in arrears. |
[This Article Added by Act No. 4441, Dec. 14, 1991]
법령보기 화면
| Article 74-6 (Hearing) |
|
Where the Minister of Information and Communication desires to take the following measures, he shall hold a hearing:
| 1. | The passing of type approval or the cancellation of type registration under the provisions of Article 67-3 (1); |
| 2. | The cancellation of registration for electromagnetic compatibility under the provisions of Article 67-4; and |
| 3. | The cancellation of a radio operator’s license under the provisions of Article 69 (1) 1 and 2. |
[This Article Added by Act No. 5683, Aug. 28, 1997]
법령보기 화면
| Article 75 (Collection of Fees) |
|
| (1) | Any person listed in the following subparagraphs shall, in accordance with the Ministerial Decree of Information and Communication, pay a fee: <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2999, Dec. 31, 1976; Act No. 3514, Dec. 31, 1981; Act No. 4193, Dec. 30, 1989; Act No. 4441, Dec. 14, 1991; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
| 1. | A person who applies for license, renewed license or change of a license pursuant to Article 6, 12 (1), 16 or 72; |
| 3. | A person who applies for the type approval or type registration under Article 29-2, or the registration of electromagnetic compatibility under Article 29-5; |
| 4. | A person who applies to take the qualifications examination for radio operators under Article 30; and |
| 5. | A person who applies for the re-issuance of a license certificate. |
| (2) | The fee under paragraph (1) may be exempted under the conditions as prescribed by the Ministerial Decree of Information and Communication where it is necessary for the advancement of the public interest. <Added by Act No. 5637, Jan. 18, 1999> |
| (3) | In case where the fees as prescribed by paragraph (1) are defaulted, they shall be collected according to the examples of disposition of national tax in arrears. In such cases, the claim of payment of those fees shall have prior right over claims of payment other than those of national taxes. <Added by Act No. 1913, Mar. 14, 1967> |
법령보기 화면
| Article 75-2 (Provisions of Mutatis Mutandis Application) |
|
With respect to installation or maintenance of an antenna and its accessory equipment, which is provided for use in radio wave control service, the provisions of Articles 33-3, 39 through 41, 44, 45, 47, 51, subparagraph 5 of Article 70 and subparagraphs 1 and 2 of Article 73 of the Telecommunications Business Act shall be applied mutatis mutandis: Provided, That in the case of their installation or maintenance on the road as regulated by the Road Act, in rivers as regulated by the River Act, or in designated harbors as regulated by the Public Water Surface Management Act, consultation with the competent agency in charge shall be made before such installation or maintenance occurs. <Amended by Act No. 3308, Dec. 31, 1980; Act No. 3686, Dec. 30, 1983; Act No. 4394, Aug. 10, 1991; Act No. 5218, Dec. 30, 1996; Act No. 5454, Dec. 13, 1997> [This Article Added by Act No. 1913, Mar. 14, 1967]
법령보기 화면
| Article 75-3 Deleted.<by Act No. 3514, Dec. 31, 1981> |
|
법령보기 화면
| Article 75-4 (Delegation and Entrustment of Authority) |
|
| (1) | The authority of the Minister of Information and Communication under this Act may be partially delegated to the head of any agency under the control of the Minister of Information and Communication as prescribed by the Presidential Decree. <Amended by Act No. 5218, Dec. 30, 1996> |
| (2) | The Minister of Information and Communication may entrust a agency corps, an association, or a basic telecommunications enterpriser as prescribed by the Telecommunications Business Act with part of the duties set forth under Articles 9, 17, 20 (1), 28-2, 29-5, 30 (1) and (2), 61, 62, 72 (3), and 75. <Amended by Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999> |
[This Article Wholly Amended by Act No. 4441, Dec. 14, 1991]
CHAPTER Ⅸ PENAL PROVISIONS
법령보기 화면
| Article 76 (Penal Provisions) |
|
| (1) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not less than one year: <Amended by Act No. 5637, Jan. 18, 1999> |
| 1. | Any person engaged in radio communications service, who has not immediately handled a rescue communications, Emergency communications or safety communications pursuant to Article 10 (2) 1 through 3 against the order of the captain of a ship or airplane in a serious situation where it is necessary that the communications be conducted; |
| 2. | Any person engaged in radio communications service, who has not handled or who has delayed a distress communications as prescribed in Article 52 (1) (including the cases of mutatis mutandis application in Article 57); and |
| 3. | Any person who has interfered with the handling of a distress communications. |
| (2) | Attempts of crimes provided for in subparagraphs 2 and 3 of paragraph (1) shall be punished. |
[This Article Wholly Amended by Act No. 1913, Mar. 14, 1967]
법령보기 화면
| Article 77 (Penal Provisions) |
|
| (1) | Any person who, in advocacy of destroying the Constitution of the Republic of Korea or the Government established thereunder by force, has conducted communications by means of radio facility or by means of telecommunications equipment prescribed in subparagraph 1 of Article 72 (1) shall be punished by imprisonment or imprisonment without prison labor for not less than three years. |
| (2) | Attempts of the crimes provided for in paragraph (1) shall be punished. |
| (3) | Any person who has prepared or plotted to commit a crime referred to in paragraph (1) shall be punished by imprisonment or imprisonment without prison labor for not less than two years. |
법령보기 화면
| Article 78 (Penal Provisions) |
|
| (1) | Any person who has interrupted radio communications by destroying and damaging the radio facility of a radio station for telecommunications service, broadcast service, maintenance of public peace, meteorological service, electricity supply service or the operations services of trains, ships and aircraft, or by causing the functional disorder of radio facility by means of touching or other means shall be punished by not exceeding ten years or by a fine imprisonment for not more than thirty million won. <Amended by Act No. 3514, Dec. 31, 1981; Act No. 4394, Aug. 10, 1991; Act No. 4441, Dec. 14, 1991> |
| (2) | Any person who has committed crimes referred to in paragraph (1) involving radio facility other than those prescribed in paragraph (1) shall be punished by imprisonment for not more than five years or by a fine not exceeding twenty million won. <Amended by Act No. 3514, Dec. 31, 1981; Act No. 4441, Dec. 14, 1991> |
| (3) | Attempts of the crimes provided for in paragraphs (1) and (2) shall be punished. |
[This Article Wholly Amended by Act No. 2280, Jan. 13, 1971]
법령보기 화면
| Article 79 (Penal Provisions) |
|
| (1) | Any person who, for the benefit of himself or others or for the purpose of causing damage to others, has conducted false radio communication by means of radio facility or telecommunications equipment prescribed in Article 72 (1) 1, shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 4441, Dec. 14, 1991> |
| (2) | Any person who has transmitted a distress communications by means of radio facility even though a ship or an aircraft is not in distress, shall be punished by imprisonment for not more than five years. <Amended by Act No. 4441, Dec. 14, 1991> |
| (3) | In cases where a person engaged in radio communications service has committed a crime referred to in paragraph (1), he shall be punished by imprisonment for not more than five years or by a fine of not exceeding twenty million won, and in cases where he has committed a crime referred to in paragraph (2), he shall be punished by improvement for a definite term of not less than one year. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 4441, Dec. 14, 1991> |
법령보기 화면
| Article 80 (Penal Provisions) |
|
Any person who has transmitted a lewd message by means of radio facility or telecommunications equipment prescribed in Article 72 (1) 1 shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won. <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 4441, Dec. 14, 1991>
법령보기 화면
| Article 81 Deleted.<by Act No. 5637, Jan. 18, 1999> |
|
법령보기 화면
| Article 82 (Penal Provisions) |
|
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won: <Amended by Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 4441, Dec. 14, 1991>
| 1. | A person who without a license has established or operated a radio station pursuant to Article 4 (1); and |
| 2. | A person who has established or operated equipment utilizing high frequency pursuant to Article 72 (1) 1. |
법령보기 화면
| Article 83 (Penal Provisions) |
|
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won: <Amended by Act No. 4193, Dec. 30, 1989; Act No. 4441, Dec. 14, 1991; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999>
| 1. | A person who sells apparatus that fails to pass the type approval, who fails to make the form registration as prescribed in Article 29-2, or who fails to undertake the registration for electromagnetic interference pursuant to Article 29-5, or a person who manufactures, exhibits, keeps in custody or transports that apparatus for the purpose of sale; |
| 2. | A person who has refused or interfered with the inspection, test or investigation provided for in Article 60 (1), 61 or 62 (including the case of mutatis mutandis application in Article 72 (3)); |
| 3. | A person who fails to carry out an order pursuant to Article 60 (2); |
| 4. | A person who has operated a radio station or equipment utilizing high frequency or the operation of which has been suspended under Article 67 (2) and (3) (including the case of mutatis mutandis application in Article 72 (3)); |
| 5. | Deleted; <by Act No. 5637, Jan. 18, 1999> |
| 6. | A person who has constructed structure or installations without the approval pursuant to Article 74; and |
| 7. | Deleted. <by Act No. 5637, Jan. 18, 1999> |
[This Article Wholly Amended by Act No. 3514, Dec. 31, 1981]
법령보기 화면
| Article 84 (Fine for Negligence) |
|
Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 4441, Dec. 14, 1991; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999>
| 1. | A person who has failed to notify the conclusion of the use contract pursuant to Article 4 (3); |
| 2. | A person who has operated radio facility in violation of the Article 17; |
| 3. | A person who has operated a radio station in violation of the main sentence of Article 10 (2); |
| 4. | Deleted; <by Act No. 5637, Jan. 18, 1999> |
| 5. | A person who has violated the restrictions on operation provided for in Article 67 (2) or (3) (including the case of mutatis mutandis application in Article 72 (3)); and |
| 6. | A person who has operated equipment utilizing high frequency without a license under Article 72 (1) 2. |
[This Article Wholly Amended by Act No. 3514, Dec. 31, 1981]
법령보기 화면
| Article 85 (Fine for Negligence) |
|
Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won: <Amended by Act No. 1913, Mar. 14, 1967; Act No. 2280, Jan. 13, 1971; Act No. 3514, Dec. 31, 1981; Act No. 4193, Dec. 30, 1989; Act No. 4441, Dec. 14, 1991; Act No. 5218, Dec. 30, 1996; Act No. 5637, Jan. 18, 1999>
| 1. | A person who operates or constructs radio facility of a radio station in contravention of the main sentence of Article 30 (3); |
| 2. | Deleted; <by Act No. 5637, Jan. 18, 1999> |
| 3. | A person who allows radio waves to be emitted from a coast station or aeronautical station in contravention of Article 49 (1) and the main sentence of Article 49 (2) (including the case of mutatis mutandis application in Article 57); |
| 4. | A person who fails to discharge his duties in listening to radio waves, distress communications, emergency communications or safety communications in contravention of Articles 50 through 54; and |
| 5. | Deleted; <by Act No. 5218, Dec. 30, 1996> |
| 6. | A person who has operated radio facility of or conducted construction work on a radio station while suspended from engaging in such services in accordance with Article 69; and |
| 7. | Deleted. <by Act No. 5637, Jan. 18, 1999> |
법령보기 화면
| Article 86 (Fine for Negligence) |
|
Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won: <Amended by Act No. 4193, Dec. 30, 1989; Act No. 4441, Dec. 14, 1991; Act No. 5637, Jan. 18, 1999>
| 1. | A person who has failed to provide notification in contravention of the proviso of Article 4 (1) or 19 (3); and |
| 2. | Deleted. <by Act No. 5218, Dec. 30, 1996> |
[This Article Wholly Amended by Act No. 3514, Dec. 31, 1981]
법령보기 화면
| Article 86-2 (Imposition and Collection of Fine for Negligence) |
|
| (1) | The fine for negligence pursuant to Articles 84 through 86 shall be imposed and collected by the Minister of Information and Communication as prescribed by the Presidential Decree. <Amended by Act No. 5218, Dec. 30, 1996> |
| (2) | Any person who is dissatisfied with the disposition of a fine for negligence set forth in paragraph (1) may lodge an objection with the Minister of Information and Communication within thirty days after he is informed of such disposition. |
| (3) | If a person who is subject to a disposition of the fine for negligence under paragraph (1) makes an objection under paragraph (2), the Minister of Information and Communication, shall, without delay, notify the competent court of this fact, and the court shall bring the case of the fine for negligence to a trial under the Non-Contentious Case Litigation Procedure Act upon receiving the notification. <Amended by Act No. 5218, Dec. 30, 1996> |
| (4) | If no objection is raised and no fine for negligence is paid within the period prescribed under paragraph (2), the fine for negligence shall be collected according to the examples of disposition of national tax in arrears. |
[This Article Added by Act No. 4193, Dec. 30, 1989]
법령보기 화면
| Article 87 (Joint Penal Provisions) |
|
Where the representative of a juristic person, or an agent, servant or any other employee of a juristic person or an individual has violated on the provisions of Articles 82 and 83 with respect to the business of the said juristic person or individual, the said juristic person or individual shall be punished by a fine as stipulated in the respective Article, in addition to the offender’s being punished. [This Article Wholly Amended by Act No. 3514, Dec. 31, 1981]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1962.
Article 2 (Repealed Acts and Subordinate Statutes)
Cases in which the Royal Decree No. 186 Wireless Telegraph Act of 1915 has been applied to Chosun, Tiwan and Sakhalin shall hereby be repealed at the date of enforcement of this Act.
Article 3 (Transitional Measures)
| (1) | Any person who has the qualifications listed in the left-hand column of Appendix set forth in the Presidential Decree No. 57 Qualifying Decree for Radio Operators of December 1, 1951 (hereinafter referred to as the “Qualifying Decree”), at the time when this Act enters into force, shall be deemed to have obtained the qualifications licence listed in the righthand column of Appendix. In this case, the term of validity the license shall be the remaining period available for old qualifications license. |
| (2) | Any person who has the qualifications of a monitor-class radio operator set forth in the Examination Decree at the time when this Act enters into force, shall possess the qualifications until the expiration date of the term of validity of the license. |
| (3) | Any person who has the qualifications of a second-class amateur radio operator set forth in the Examination Decree at the time when this Act enters into force, shall possess the qualifications for two years from the date of enforcement of this Act. |
Article 4 (Idem)
Any person who is engaged in the communications operation or technical operation of radio facility and has a license at the time when of this Act enters into force, may be engaged in the operation concerned without having a radio operator’s or radio technician’s license for one year only from the date of enforcement of this Act, notwithstanding Article 30. Article 5 (Idem)
Among the qualifications for a first-class director of communications bureau mentioned in Article 37 (1), the term engaged in service shall, notwithstanding the provisions of the said paragraph, be two years from the date of enforcement of this Act. Article 6 (Idem)
Any order, disposition, procedures or other acts issued, taken, followed or performed with regard to radio management pursuant to the previous provisions shall be deemed to have been done under this Act. In this case, the term of validity of a permit for a radio station falling under Article 5 (1) 1 through 4 shall, notwithstanding Article 12 (1), be one year from the date of enforcement of this Act.
ADDENDA<Act No. 1913, Mar. 14, 1967>
| (1) | (Enforcement Date) This Act shall enter into force on the 30th day following the date of its promulgation. |
| (2) | (Transitional Measures) A person who has obtained a radio operator’s license before this Act enters into force, shall renew the license within the expiration date of the valid period of the license in question. |
| (3) | (Transitional Measures) At the time when this Act enters into force, a person who fails to renew a radio operator’s license under the previous provisions may, notwithstanding the provisions of Article 32, apply for a license of the same qualifications as before within the limit of one year from the date of enforcement of this Act. |
ADDENDUM<Act No. 2280, Jan. 13, 1971>
This Act shall enter into force on the 30th day following the date of its promulgation.
ADDENDUM<Act No. 2529, Feb. 16, 1973>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 2999, Dec. 31, 1976>
| (1) | (Enforcement Date) This Act shall enter into force on the 30th day following the date of its promulgation. |
| (2) | (Transitional Measures) At the time when of this Act enters into force, the license of radio operator in the following subparagraphs, which has been issued under the former provisions, shall be deemed to be the handbook granted under this Act: |
| 1. | Special class amateur radio operator; |
| 2. | Special amateur radio operator; |
| 3. | First class amateur radio operator; |
| 4. | Second class amateur radio operator; and |
| 5. | Third class amateur radio operator. |
| (3) | (Transitional Measures) At the time when this Act enters into force, the provisions of the latter part of Article 7 (2) shall not be applied to the extension period under the provisions of Articles 7 (2) and 16 (3). |
ADDENDUM<Act No. 3308, Dec. 31, 1980>
This Act shall enter into force on the 30th day following the date of its promulgation.
ADDENDA<Act No. 3514, Dec. 31, 1981>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1982. |
| (2) | (Transitional Measures) At the time when this Act enters into force, a person who has obtained a license for a radio station or for high-frequency utilization equipment from the director general of the radio management bureau shall be deemed a person who has obtained the license under this Act. |
| (3) | (Transitional Measures) At the time when this Act enters into force, an order, disposition, procedure or the other acts issued by the director general of the radio management bureau shall be deemed to have been issued by the Minister of Information and Communication. |
| (4) | (Transitional Measures) At the time when this Act enters into force, the radio operator’s handbook granted by the director general of the radio management bureau shall be deemed to have been granted by the Minister of Information and Communication. |
| (5) | (Transitional Measures) In regard to the penal provisions applicable to acts done before this Act enters into force, provisions previously in force shall apply. |
ADDENDA<Act No. 3686, Dec. 30, 1983>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 1984.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 4193, Dec. 30, 1989>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1990.
Article 2 (Application Example to Buildings Obstructing Reception of Broadcast)
The provisions of Article 74-4 shall apply to buildings to be constructed with the building permit for the first time after this Act enters into force. Article 3 (Transitional Measures concerning Radio Stations to be Reported)
Those radio stations fall under the proviso of the former Article 4 (1) at the time when this Act enters into force, which are the object of a report pursuant to the amended provisions, shall be deemed to have been reported to the Minister of Information and Communication in accordance with the amended proviso of the said paragraph of the same Article. Article 4 (Transitional Measures concerning Completion Inspection of High Frequency Utilization Equipment)
Notwithstanding the amended provisions of Article 72 (3), any highfrequency utilization equipment installed with the permission of the Minister of Information and Communication under Article 72 (1) at the time when this Act enters into force, shall be deemed to have undergone the completion inspection pursuant to Article 9. Article 5 (Transitional Measures concerning Structures, etc. Related to Protection of Functions of Radio Facility)
Any report made to the Minister of Information and Communications on the construction of structures, etc. related to the protection of the functions of radio facility under the provisions of the previous Article 74 (1) at the time when this Act enters into force, shall be deemed to have obtained the approval of the Minister of Information and Communication. Article 6 (Preparation for Establishment)
| (1) | The Minister of Information and Communication shall appoint not more than seven founding committee members, within one month after this Act enters into force, to take charge of affairs concerning the establishment of the operation corps. |
| (2) | The founding committee shall prepare the articles of association of agency and obtain the approval of the Minister of Information and Communication. |
| (3) | The founding committee shall, upon obtaining the approval as referred to in paragraph (2), without delay complete the registration of establishment the agency under joint signature, and hand affairs over to the chief director. |
| (4) | The founding committee shall be deemed to be released from its commission when the transfer of affairs under paragraph (3) is finished. |
| (5) | Expenses disbursed for establishing the agency until it is established shall be borne by the Association pursuant to the former provisions of Article 71-2. |
Article 7 (Succession, etc. of Rights and Duties)
| (1) | The association, pursuant to the previous Article 71-2, at the time when this Act enters into force, may, according to a resolution of the general meeting, request the Minister of Information and Communication to have the operation corps established under this Act succeed to all rights and duties of the Association. |
| (2) | The association shall, upon obtaining the approval of the Minister of Information and Communication by the request as referred to in paragraph (1), be deemed to be dissolved at the same time that the agency is established pursuant to this Act, notwithstanding the provisions of the Civil Act concerning the dissolution and liquidation of a juristic person, and all rights and duties belonging to the association shall be succeeded to by the operation corps. |
| (3) | The staff of the association at the time of the establishment of the agency under this Act shall be deemed to have been appointed as staffs of the agency. |
ADDENDA<Act No. 4393, Aug. 10, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of passage of four months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 4394, Aug. 10, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of passage of four months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 4435, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1992.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 4441, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1992: Provided, That the amended provisions of Article 74-5 shall enter into force on January 1, 1993. Article 2 (Transitional Measures concerning Association)
| (1) | The Korea Radio Waves Industry Promotion Association (hereinafter referred to as “Corporation”), an aggregate corporation established under Article 32 of the Civil Act at the time when this Act enters into force, may request the Minister of Information and Communication to recognize that an Association to be established under the amended provisions of Article 71-12 may succeed to all rights and duties of the Corporation through a resolution of the board of directors. |
| (2) | Notwithstanding the provisions of the Civil Act concerning the dissolution and liquidation of juristic person, the Corporation that has obtained approval by the request as referred to in paragraph (1) shall be deemed to have been dissolved at the same time as the establishment of the association under the amended provisions of Article 71-12, and all rights and duties that belong to the Corporation shall be succeeded to by the association to be established under this Act. |
Article 3 Omitted.
ADDENDA<Act No. 4528, Dec. 8, 1992>
Article 1 (Enforcement Date)
This Act shall enter into force from the date of passage of six months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA<Act No. 5218, Dec. 30, 1996>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 4 (2) and (3), and subparagraph 1 of Article 84 shall enter into force on January 1, 1997. |
| (2) | (Transitional Measures concerning License Certificate) A radio station license certificate issued by the Minister of Information and Communication under the previous provisions at the time when this Act enters into force shall be deemed as a radio station license certificate issued under the amended provisions of Article 13. |
| (3) | (Transitional Measures concerning Apparatus that has Undergone Type Approval) Apparatus that underwent a type approval at the time when this Act enters into force and for which form registration shall be completed under this Act shall be deemed as apparatus for which form registration has been completed according to the amended provisions of Article 29-2. |
| (4) | (Transitional Measures concerning Apparatus that has Undergone Electromagnetic Interference Approval) Apparatus that underwent the electromagnetic interference approval at the time when this Act enters into force, shall be deemed to have completed the registration for electromagnetic compatibility according to the amended provisions of Article 29-5. |
ADDENDA<Act No. 5383, Aug. 28, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1998. |
| (2) | Deleted. <by Act No. 5637, Jan. 18, 1999> |
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5470, Dec. 17, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 5637, Jan. 18, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Radio Stations Obtaining Provisional License) At the time of enforcement of this Act, a radio station which have received a provisional license under the previous provisions shall be deemed to have received the license under the amended provisions of Article 7. In this case, the term of construction given at the time of granting of the provisional license shall be deemed as the term specified in the license under the amended provisions of Article 7. |
| (3) | (Transitional Measures on Areas Requiring Prevention of Radio Propagation Blockage) At the time of enforcement of this Decree, the areas requiring prevention of radio propagation blockage designated under the previous provisions shall be subject to the previous provisions, notwithstanding the amended provisions of Articles 74-2 and 74-3. |
Last updated : 2009-07-26