ENFORCEMENT DECREE OF THE INTERNET ADDRESS RESOURCES ACT
Presidential Decree No. 18487, Jul. 24, 2004
Amended by Presidential Decree No. 20602, Feb. 5, 2008
Presidential Decree No. 20672, Feb. 29, 2008
Presidential Decree No. 21698, Aug. 21, 2009
Presidential Decree No. 21820, Nov. 10, 2009
Presidential Decree No. 24445, Mar. 23, 2013
Presidential Decree No. 24602, jun. 17, 2013
Presidential Decree No. 28210, Jul. 26, 2017
The purpose of this Decree is to provide for the matters delegated by the Internet Address Resources Act and matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 2 (Formulation, etc. of Master Plans) |
| (1) | A master plan on the development, promotion of use, and management of Internet address resources (hereinafter referred to as the “master plan”) shall be formulated every three years pursuant to Article 5 (1) of the Internet Address Resources Act (hereinafter referred to as the “Act”). |
| (2) | The Minister of Science and ICT may prepare and maintain data about the following matters, when formulating and implementing master plans: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The current status of facilities related to Internet addresses; |
| 2. | Records and the current status of use of Internet addresses; |
| 3. | The current status of management and operation of Internet addresses; |
| 4. | Other statistics related to the use of Internet addresses and the use of the Internet. |
| (3) | The Minister of Science and ICT may request the following persons to provide him/her with relevant data about, if necessary to prepare data about the matters specified in paragraph (2): <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The heads of related central administrative agencies; |
| 2. | The heads of Government-funded research institutions established pursuant to the Act on the Establishment, Operation and Support of Government-Funded Research Institutions or the Act on the Establishment, Operation and Support of Government-Funded Science and Technology Research Institutes; |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 3 (Term of Office of Members of Internet Address Policy Deliberation Committee) |
The term of office of each member of the Internet Address Policy Deliberation Committee established under Article 6 (1) of the Act (hereinafter referred to as the “Deliberation Committee”) shall be two years: Provided, That the term of office of a committee member commissioned or appointed to hold a specified position shall coincide with the term of his/her service in the specified position. [This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 4 (Management of Deliberation Committee) |
| (1) | The chairperson of the Deliberation Committee shall represent the Deliberation Committee and control of its business affairs. |
| (2) | If the chairperson is unable to perform his/her duties due to extenuating circumstances, the committee member pre-designated by the chairperson shall act for him/her. |
| (3) | The Deliberation Committee shall have a secretary to perform its administrative affairs, and the secretary shall be appointed by the Minister of Science and ICT, from among his/her subordinate public officials. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 5 (Meetings of Deliberation Committee) |
| (1) | The chairperson shall convene meetings of the Deliberation Committee and shall preside over the meetings. |
| (2) | When the chairperson intends to convene a meeting of the Deliberation Committee, he/she shall notify each committee member of the date, time, and venue of the meeting and agenda items, in writing or by electronic document, by not later than seven days before the opening of the meeting: Provided, That such notice may be given by the day immediately before the opening of the meeting, if it is required to hold a meeting urgently or if any inevitable situation arises. |
| (3) | A meeting of the Deliberation Committee shall be held with a majority of all incumbent committee members present, and a resolution shall be passed with the affirmative vote of a majority of those present at the meeting. |
| (4) | If the Deliberation Committee deems it necessary for deliberating on any of the matters referred to in Article 6 (2) of the Act, it may request an appropriate expert or the head of an appropriate specialized institution to present an opinion thereon. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
Allowances may be paid to members who attend a meeting of the Deliberation Committee, within budgetary limits: Provided, That the foregoing shall not apply where a public official member attends a meeting directly connected with his/her duties.
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 7 (Detailed Operational Regulations) |
Except as otherwise expressly provided for in this Decree, matters necessary for the management of the Deliberation Committee shall be determined by the chairperson following a resolution by the Deliberation Committee.
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 8 (Pilot Projects) |
To smoothly implement the policies under Article 7 (1) of the Act, the Minister of Science and ICT may implement pilot projects for: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Developing and standardizing Internet address resources; |
| 2. | Commercializing technologies related to Internet addresses and expanding the application of such technologies; |
| 3. | International cooperation in the development and standardization of Internet address resources; |
| 4. | Creating and invigorating foundations for the use of Internet addresses. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 9 (Assistance to Private Sector in International Cooperation) |
Pursuant to Article 8 (2) of the Act, the Minister of Science and ICT may assist the private sector in international cooperation regarding the following activities: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Exchange of information, technologies, and human resources in relation to Internet address resources; |
| 2. | Promotion of joint research, technical cooperation, and international standardization in connection with Internet address resources; |
| 3. | Formulation of strategies for participation in, and response to, international organizations related to Internet addresses; |
| 4. | Holding international conferences on Internet address resources in the Republic of Korea; |
| 5. | Other activities for enhancing international cooperation necessary for the stable management and expansion of Internet address resources. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 10 (Entrusted Management Organizations) |
“Corporations or organizations prescribed by Presidential Decree” in Article 9 of the Act mean the following: [This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 11 (Applications for Assignment of Internet Protocol Addresses) |
| (2) | If an Internet address management organization finds it necessary to verify descriptions in an application filed pursuant to paragraph (1), it may request the relevant applicant to provide it with the following information: |
| 1. | The current status of network configuration; |
| 2. | A plan to use the Internet protocol address to be assigned; |
| 3. | The current status of use of the Internet protocol addresses already assigned. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 12 (Criteria and Method for Assignment of Internet Protocol Addresses) |
| (1) | Upon receipt of an application for the assignment of an Internet protocol address filed under Article 11, the relevant Internet address management organization shall assign an Internet protocol address in accordance with the following criteria: |
| 1. | Whether Internet access service will be provided; |
| 2. | Whether the plan to use the Internet protocol addresses to be assigned and the requested number of addresses is reasonable; |
| 3. | The use rate of the Internet protocol addresses already assigned. |
| (2) | Detailed criteria for the matters referred to in paragraph (1) shall be prescribed by rules on the management of Internet addresses under Article 13 of the Act (hereinafter referred to as “rules on the management of Internet addresses”). |
| (3) | When an Internet address management organization assigns an Internet protocol address under paragraph (1), it shall notify the relevant applicant of the assignment through an information and communications network and shall enter and maintain the details of the application in the database. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 13 (Applications for Registration of Domain Names) |
| (1) | A person who intends to register his/her domain name pursuant to Article 11 of the Act shall file an application with an Internet address management organization, an Internet address management agent, or a top-level domain registry (hereinafter referred to as “Internet address management organization or other competent authority”) in the form prescribed by the president of the Korea Internet and Security Agency through an information and communications network. |
| (2) | If an Internet address management organization or other competent authority finds it necessary to verify the identity of an applicant for registration of a domain name pursuant to the latter part of Article 11 (1) of the Act, it may require the applicant for registration to present a copy of the relevant business registration certificate or corporate registration certificate: Provided, That it shall not demand any document containing a resident registration number. |
| (3) | Notwithstanding the first sentence of paragraph (2), the Korea Internet and Security Agency shall verify specific information through joint use of administrative information under Article 36 (1) of the Electronic Government Act, if the specific information is verifiable through joint use of administrative information: Provided, That if an applicant for registration of a domain name does not consent to the verification through joint use of administrative information, where consent by the person subject to verification is required, it may require the applicant to submit relevant documents in accordance with paragraph (2). |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 14 (Criteria and Method for Registration of Domain Names) |
| (1) | Upon receipt of an application for registration filed under Article 13, the relevant Internet address management organization or other competent authority shall register a domain name in accordance with the following criteria: |
| 1. | Whether the domain name meets the technical specifications prescribed in international standards; |
| 2. | Whether the domain name meets the requirements for qualification for registration of each type of domain name, prescribed in international standards. |
| (2) | When an Internet address management organization or other competent authority completes the registration of a domain name under paragraph (1), it shall notify the relevant applicant of the registration through an information and communications network and shall enter and maintain the details of the application in the database. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 15 (Rules on Management of Internet Addresses) |
The Minister of Science and ICT shall determine and publicly announce essential provisions of the rules on the management of Internet protocol addresses approved under Article 13 (1) of the Act, including guidelines for the use of Internet protocol addresses and the terms and conditions of use of Internet protocol addresses. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 16 (Duties of Chairperson of Internet Address Dispute Resolution Committee) |
| (1) | The chairperson of the Internet Address Dispute Resolution Committee established under Article 16 of the Act (hereinafter referred to as the “Dispute Resolution Committee”) shall represent the Dispute Resolution Committee and shall control all of its business affairs. |
| (2) | If the chairperson is unable to perform his/her duties due to extenuating circumstances, the committee member pre-designated by the chairperson shall act for him/her. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 17 (Management of Dispute Resolution Committee) |
| (1) | The chairperson of the Dispute Resolution Committee shall convene meetings of the Dispute Resolution Committee and shall preside over the meetings. |
| (2) | When the chairperson of the Dispute Resolution Committee convenes a meeting, he/she shall notify each committee member of the date, time, and venue of the meeting and the agenda items, in writing or by electronic document, by not later than five days before the opening of the meeting: Provided, That the period for such notice may be shortened, if it is required to hold a meeting urgently or if any inevitable situation arises. |
| (3) | A meeting of the Dispute Resolution Committee shall be held with a majority of all incumbent committee members present, and a resolution shall be passed with the affirmative vote of a majority of those present at the meeting. |
| (4) | A meeting of the Dispute Resolution Committee may be held by video conference. In such cases, attendees in a video conference shall be deemed present at the relevant place of meeting. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
The secretariat established under Article 16 (6) of the Act shall perform administrative affairs necessary for the proceedings on petitions for the conciliation of disputes and the management of the Dispute Resolution Committee, as instructed by the chairperson of the Dispute Resolution Committee. [This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 19 (Petitions, etc. for Conciliation) |
| (1) | A person who intends to request the Dispute Resolution Committee to conciliate a dispute pursuant to Article 18 (1) of the Act shall file a petition for conciliation, accompanied by relevant documents, with the Dispute Resolution Committee in writing or by electronic mail. |
| (2) | When the Dispute Resolution Committee notifies the respondent of a petition for conciliation under Article 18 (2) of the Act, it shall deliver a copy of the petition filed for conciliation under paragraph (1) and relevant documents, along with a notice requiring the submission of a written reply. |
| (3) | A respondent shall submit a written reply under Article 18 (2) of the Act and relevant documents in writing or by electronic mail. |
| (4) | Upon receipt of a petition for conciliation filed under Article 18 (1) of the Act, the Dispute Resolution Committee may request the relevant Internet address management organization or other competent authority to maintain registered information from the date on which the petition for conciliation under paragraph (1) is filed until the date on which the proceedings of conciliation are closed and to take other necessary measures. |
| (5) | A petition for conciliation and the scope of relevant documents referred to in paragraph (1), a notice requiring the submission of a written reply under paragraph (2), and a written reply and the scope of relevant documents referred to in paragraph (3) shall be separately determined by the Dispute Resolution Committee. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 20 (Method of Giving Notice) |
| (1) | When the Dispute Resolution Committee intends to deliver a copy of a petition for conciliation, a written reply, or relevant documents to a party to a dispute or notify parties to a dispute of its conciliation proposal, it shall make the delivery or give notice by registered mail or by electronic mail. In such cases, such documents or notice shall be addressed to each party’s postal address or e-mail address in the information entered in the register of the relevant Internet address, but if an alternative postal address or e-mail address has been reported by a party to the Dispute Resolution Committee, such documents or notice shall be addressed to the address reported by the party. |
| (2) | The period specified in Article 18 (2) or 20 (2) of the Act shall be counted from the date on which registered mail or electronic mail arrives, whichever comes later. In such cases, the date written on the receipt shall be deemed the delivery date of registered mail, while the date sent shall be deemed the delivery date of electronic mail. |
| (3) | Notwithstanding paragraph (2), registered mail is returned due to the incorrect postal address of a party, the period shall be counted from the date on which electronic mail is sent to notify the party of the return. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 21 (Conciliation Fees) |
| (1) | A person who intends to petition the conciliation of a dispute shall pay the conciliation fee at the rate determined by the Dispute Resolution Committee with approval from the Minister of Science and ICT when he/she files a petition for conciliation pursuant to Article 22 of the Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | No conciliation fee paid under paragraph (1) shall be refunded, even where conciliation proceedings are closed as the petitioner withdraws the petition for conciliation before the conciliation proceedings are completed: Provided, That an amount equivalent to conciliators’ allowances, out of the conciliation fee paid by a petitioner, shall be refunded to the petitioner, if the conciliation proceedings are closed before the conciliation panel is organized. |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
Allowances may be paid to members who attend a meeting of the Dispute Resolution Committee, within budgetary limits: Provided, That the foregoing shall not apply where a public official member attends a meeting directly connected with his/her duties.
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 23 (Detailed Regulations on Conciliation of Disputes) |
Except as otherwise expressly provided for in this Decree, matters necessary for the procedures for the management and conciliation of the Dispute Resolution Committee shall be determined by the chairperson of the Dispute Resolution Committee following a resolution by the Dispute Resolution Committee.
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
| Article 24 (Guidelines for Imposition of Fines for Negligence) |
| (1) | The guidelines for the imposition of fines for negligence under Article 27 (1) of the Act are as prescribed in the attached Table. |
| (2) | The Minister of Science and ICT shall keep a record book for fines for negligence, and enter and maintain records of the imposition and collection of fines for negligence in the book. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24602, Jun. 17, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2004.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 20602, Feb. 5, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20672, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21820, Nov. 10, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24445, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24602, Jun. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Restriction on Collection and Use of Resident Registration Numbers)
Internet address management organizations and other competent authorities prohibited from collecting resident registration numbers under the amended provisions of Article 13 (2) to verify the identity of an applicant for registration of a domain name shall discard the resident registration numbers or copies of resident registration certificates by August 17, 2014, which have been collected to verify identity under the former provisions of Article 11-4 (2), as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.