ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BUSINESS ACT
Wholly Amended by Presidential Decree No. 20666, Feb. 29, 2008
Amended by Presidential Decree No. 20896, Jul. 3, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21060, Oct. 1, 2008
Presidential Decree No. 22003, Jan. 27, 2010
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22424, Oct. 1, 2010
Presidential Decree No. 22605, Dec. 31, 2010
Presidential Decree No. 22616, Jan. 4, 2011
Presidential Decree No. 23293, Nov. 14, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23642, Feb. 28, 2012
Presidential Decree No. 24445, Mar. 23, 2013
Presidential Decree No. 24546, May 31, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25062, Jan. 7, 2014
Presidential Decree No. 25478, Jul. 16, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25867, Dec. 23, 2014
Presidential Decree No. 26191, Apr. 14, 2015
Presidential Decree No. 26406, Jul. 20, 2015
Presidential Decree No. 26683, Nov. 30, 2015
Presidential Decree No. 27186, May 31, 2016
Presidential Decree No. 27322, Jul. 6, 2016
Presidential Decree No. 27412, Jul. 28, 2016
Presidential Decree No. 27750, Dec. 30, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27789, Jan. 17, 2017
Presidential Decree No. 28045, May 8, 2017
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28283, Sep. 5, 2017
Presidential Decree No. 28881, May 15, 2018
Presidential Decree No. 29817, jun. 11, 2019
Presidential Decree No. 29886, jun. 25, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30690, May 19, 2020
Presidential Decree No. 31220, Dec. 8, 2020
Presidential Decree No. 31222, Dec. 8, 2020
Presidential Decree No. 31223, Dec. 8, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31453, Feb. 17, 2021
Presidential Decree No. 31516, Mar. 2, 2021
Presidential Decree No. 31592, Apr. 6, 2021
Presidential Decree No. 31614, Apr. 6, 2021
CHAPTER I GENERAL PROVISIONS
| Article 2 (Details of Universal Service) |
| 1. | Wire telephone services; |
| 1-2. | Internet access services; |
| 2. | Telephone services for emergency communications; |
| 3. | Reduction of or exemption from charges for persons with disabilities, low-income earners, etc. |
| (2) | More details of universal service provided under paragraph (1) shall be as follows: <Amended on Mar. 23, 2013; May 31, 2013; May 8, 2017; Jul. 26, 2017; Jun. 11, 2019> |
| 1. | Wired telephone services: Any of the following telephone services among telephone services within an area (hereinafter referred to as "telephone service area") publicly notified by the Minister of Science and ICT, in consideration of methods of use, conditions, etc.: |
| (a) | Urban telephone services: Telephone services mediating communications using subscribed telephones (excluding island communications services provided under item (c); hereinafter the same shall apply); |
| (b) | Public telephone services: Telephone services mediating communications using public telephones; |
| (c) | Island communications services: Telephone services mediating communications by radio between the land and islands or between islands; |
| 1-2. | Internet access services: Internet access services of which the speed, objects of provision, etc. are determined and publicly notified by the Minister of Science and ICT, considering the status of usage, degree of diffusion, technology development, etc.; |
| 2. | Telephone services for emergency communications: Any of the following telephone services for the maintenance of social order and the safety of human life: |
| (a) | Telephone services of special numbers determined and publicly notified by the Minister of Science and ICT among facilities-based telecommunications services; |
| (b) | Radio telephone services for ships: Telephone services mediating communications between the land and ships or between ships, among facilities-based telecommunications services; |
| 3. | Reduction of or exemption from charges for persons with disabilities, low-income earners, etc.: Any of the following services for persons with disabilities, low-income earners, etc. for the improvement of social welfare: |
| (a) | Urban telephone services and telephone services between telephone service areas (hereinafter referred to as "toll call services"); |
| (b) | Number directory services, which are incidental to urban telephone services and toll call services; |
| (c) | Mobile telephone services, personal portable communications services, IMT-2000 (the third generation mobile communications) services, LTE (the fourth generation mobile communications) services, and IMT-2020 (the fifth generation mobile communications) services among facilities-based telecommunications services; |
| (d) | Internet access services (not limited to Internet access services referred to in paragraph (2) 1-2; hereinafter the same shall apply, except for Article 5 (1) 3-2); |
| (e) | Internet telephone services; |
| (f) | Deleted. <Dec. 8, 2020> |
| (3) | Any of the following persons shall be eligible for the reduction of or exemption from charges prescribed in paragraph (2) 3: Provided, That the reduction of or exemption from charges for persons falling under subparagraphs 8 through 10 shall be limited to mobile telephone services, personal portable communications services, IMT-2000 services, LTE services, and IMT-2020 services: <Amended on Mar. 23, 2013; May 31, 2013; Jan. 7, 2014; Nov. 30, 2015; Jul. 26, 2017; May 15, 2018; Jun. 11, 2019; Apr. 6, 2021> |
| 1. | A person with disabilities registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities or welfare facilities for persons with disabilities and welfare organizations for persons with disabilities prescribed in the same Act: Provided, That in cases of urban telephone services, toll call services, Internet access services, and Internet telephone services, a household to which such person with disabilities belongs shall be eligible for such reduction or exemption; |
| 4. | A recipient of livelihood benefits referred to in Article 7 (1) 1 of the National Basic Living Security Act or a recipient of medical expenses referred to in subparagraph 3 of the same paragraph: Provided, That in cases of urban telephone services, toll call services and Internet access services, referring to a household in which such recipient is included; |
| 6. | Soldiers and policemen injured in war, soldiers and policemen injured on duty, those injured in the 4ㆍ19 Revolution, public officials injured on duty, injured persons with special distinguished service to the development of the State and society, and those injured in the 6ㆍ18 Liberation, among persons who rendered distinguished services to the State under the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State: Provided, That in cases of urban telephone services, toll call services, Internet access services, and Internet telephone services, a household to which a relevant eligible person belongs shall be eligible for such reduction or exemption; |
| 7. | Persons wounded in the May 18 Democratization Movement among the persons of distinguished service to the May 18 Democratization Movement under the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations: Provided, That in cases of urban telephone services, toll call services, Internet access services, and Internet telephone services, a household to which a relevant eligible person belongs shall be eligible for such reduction or exemption; |
| 8. | Members of a household to which any of the following persons belongs from among the next needy class prescribed in subparagraph 10 of Article 2 of the National Basic Living Security Act. In such cases, the number of household members eligible for reduction or exemption per family shall be determined and publicly notified by the Minister of Science and ICT: |
| (c) | Deleted; <Jan. 7, 2014> |
| (d) | Deleted; <May 31, 2013> |
| (h) | A person who is registered as one belonging to the next needy class in the social security information system referred to in Article 37 (2) of the Framework Act on Social Security and who satisfies the requirements determined and publicly notified by the Minister of Science and ICT; |
| 9. | A person who does not receive livelihood benefits referred to in Article 7 (1) 1 of the National Basic Living Security Act or medical benefits referred to in subparagraph 3 of the same paragraph, among recipients under the same Act (including the household members of a recipient of education benefits referred to in subparagraph 4 of the same paragraph). In such cases, the number of household members per household eligible for reduction or exemption shall be determined and publicly notified by the Minister of Science and ICT; |
| (4) | An application for the reduction of or exemption from charges referred to in paragraph (2) 3 shall be filed by the following persons: <Newly Inserted on May 31, 2013; Nov. 30, 2015> |
| 1. | Where an application for the reduction of or exemption from charges is filed pursuant to the proviso of paragraph (3) 1, or the proviso of subparagraph 4 or the proviso of subparagraph 7 of the same paragraph: a person eligible for the reduction of or exemption or a householder among household members; |
| 2. | Deleted; <Nov. 30, 2015> |
| 3. | Where an application for the reduction of or exemption from charges, other than the reduction or exemption prescribed in subparagraph 1, is filed: a person eligible for the reduction or exemption (referring to each household member in cases falling under paragraph (3) 8 or 9). |
| (5) | The criteria for the reduction or exemption for persons eligible for the reduction of or exemption from charges referred to in paragraph (2) 3 shall be determined and publicly notified by the Minister of Science and ICT, in consideration of the business scale, levels of service charges, etc. of a telecommunications business operator. <Newly Inserted on May 31, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 3 (Designation of Telecommunications Business Operators Providing Universal Service) |
| (1) | Where the Minister of Science and ICT intends to designate a telecommunications business operator providing universal service (hereinafter referred to as "business operator providing universal services") pursuant to Article 4 (4) of the Act, he or she may designate such telecommunications business operator after hearing opinions from the relevant telecommunications business operator. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | In order to verify the current status of the provision of universal service, the Minister of Science and ICT may request the telecommunications business operator designated as a business operator providing universal services under paragraph (1) to submit data related to the actual results of the provision of universal services, the expenses incurred in providing them, etc. In such cases, the business operator providing universal services in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended on Dec. 23, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 4 (Compensation for Losses Incurred in Providing Universal Service) |
| (1) | The Minister of Science and ICT may order telecommunications business operators other than business operators providing universal service to share funds (hereinafter referred to as "compensation for losses incurred in providing universal service") to compensate all or part of losses incurred by business operators providing universal service in providing universal service based on their sales. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A business operator providing universal service who intends to be compensated for the loss incurred in providing universal service shall submit to the Minister of Science and ICT a report on the actual results of the provision of universal service, including expenses, income and losses, etc. arising from the provision of universal service, within three months after the end of the relevant fiscal year. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | When the Minister of Science and ICT deems it necessary to verify a report on the actual results of the provision of universal service under paragraph (2), he or she may request a specialized institution to examine such report. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 5 (Objects of Computation of Compensation for Losses Incurred in Providing Universal Service) |
| (1) | The scope of universal service subject to the computation of compensation for losses incurred in providing universal service shall be as follows: <Amended on Mar. 23, 2013; May 8, 2017; Jul. 26, 2017; Jun. 11, 2019> |
| 1. | Urban telephone services in an area selected according to the standards determined and publicly notified by the Minister of Science and ICT in consideration of the expenses and income arising from the provision of services (referring to expenses and income computed by the method publicly notified by the Minister of Science and ICT, taking into account the efficiency of operation of communications network, etc.; hereafter the same shall apply in Article 6), among the urban telephone services referred to in Article 2 (2) 1 (a); |
| 2. | Public telephone services in an area selected according to the standards determined and publicly notified by the Minister of Science and ICT in consideration of the characteristics of the locations, among the public telephone services referred to in Article 2 (2) 1 (b); |
| 3. | Island communications services referred to in Article 2 (2) 1 (c); |
| 3-2. | Internet access services for the objects selected according to the standards determined and publicly notified by the Minister of Science and ICT from among Internet access services referred to in Article 2 (2) 1-2; |
| 4. | Radio telephone services for vessels referred to in Article 2 (2) 2 (b). |
| (2) | "Telecommunications business operator prescribed by Presidential Decree" in Article 4 (2) 1 of the Act means a value-added telecommunications business operator or regional radio paging business operator. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 6 (Methods for Computation of Compensation of Losses Incurred in Providing Universal Service) |
| (1) | Losses incurred in providing universal service falling under any of the subparagraphs of Article 5 (1) shall be the amount calculated by subtracting income from expenses incurred in providing such service. In such cases, where the losses incurred in providing universal service under Article 5 (1) 2 are computed, the income shall include indirect conveniences, such as the effects of increased brand value or subscribers’ preference. <Amended on May 8, 2017> |
| (2) | A provisional compensation for losses incurred in providing universal service shall be computed by multiplying the amount computed pursuant to paragraph (1) by the rate of compensation for losses determined and publicly notified by the Minister of Science and ICT: Provided, That in cases of radio telephone services for ships under Article 5 (1) 4, the target amount of management efficiency determined and publicly notified by the Minister of Science and ICT shall be deemed a provisional compensation for losses incurred in providing universal service. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Compensation for losses incurred in providing universal service shall be the amount calculated by subtracting the following amounts from a provisional compensation for losses incurred in providing universal service computed pursuant to paragraph (2): <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | An amount shared by a telecommunications business operator providing universal service falling under any of the subparagraphs of Article 5 (1) based on the sales of telecommunications services (excluding value-added telecommunications services) other than the relevant universal service; |
| 2. | An amount computed by the Minister of Science and ICT, taking into account the ability of a telecommunications business operator who shares compensation for losses incurred in providing universal service (hereinafter referred to as "business operator who shares losses"). |
| (4) | A business operator who shares losses shall share compensation for losses incurred in providing universal service computed pursuant to paragraph (3) in proportion to his or her sales of telecommunications services (excluding value-added telecommunications services). |
| (5) | Other detailed matters necessary for the percentage of the reduction of or exemption from rates for telephone services for persons with disabilities, low-income earners, etc. and methods, etc. for computing compensation for losses incurred in providing universal service shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
CHAPTER II TELECOMMUNICATIONS BUSINESSES
| Article 7 (Application for Registration of Facilities-Based Telecommunications Business) |
| (1) | A person who intends to engage in the facilities-based telecommunications business shall submit an application for registration of the facilities-based telecommunications business (including an application prepared in an electronic form) to the Minister of Science and ICT, along with the following documents (including electronic documents), under the main clause, with the exception of the subparagraphs, of Article 6 (1) of the Act: |
| 2. | The articles of incorporation of a corporation (including a corporation to be incorporated; hereafter in this Article the same shall apply); |
| 3. | A list of stockholders of a corporation or documents concerning the ownership of stocks, etc. of stockholders, etc. thereof; |
| 4. | Terms and conditions of use, including details related to the protection of users; the status of establishment of a consumer protection organization; and a plan for operation; |
| 5. | Details of main facilities for business; a place where they are installed; and a schematic diagram of telecommunications networks. |
| (2) | Upon receipt of an application for registration under paragraph (1), the Minister of Science and ICT shall verify a certificate of registered matters of a corporation and national technical qualification certificates of its technical personnel through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where any of the relevant technical personnel does not consent to the verification of his or her national technical qualification certificate, a copy of such document must be attached to the application for registration. |
| (3) | Where it is deemed necessary to supplement or revise an application for registration submitted under paragraph (1), the Minister of Science and ICT may require it to be supplemented or revised within a fixed period not exceeding 10 days, and may extend such period if requested by the applicant. In such cases, the period for supplementing or revising the application shall not be included in the processing period specified in Article 10 (1). |
[This Article Newly Inserted on Jun. 25, 2019]
| Article 8 (Registration Requirements for Facilities-Based Telecommunications Business) |
The registration requirements for the facilities-based telecommunications business under the main clause, with the exception of the subparagraphs, of Article 6 (1) of the Act shall be as specified in attached Table 1. [This Article Wholly Amended on Jun. 25, 2019]
| Article 9 (Reporting on Facilities-Based Telecommunications Business) |
| (1) | Any person who uses ancillary facilities-based telecommunications services while providing his or her own goods or services under the proviso, with the exception of the subparagraphs, of Article 6 (1) of the Act shall meet each of the following requirements: |
| 1. | The provision of the goods or services must be possible even if the function of using ancillary facilities-based telecommunications services is removed from the goods or services; |
| 2. | Facilities-based telecommunications services to transmit or receive data with things must be used when the goods or services are provided; |
| 3. | Voice calls must be impossible, except for the use of telephone services of special numbers defined in Article 2 (2) 2 (a). |
| (2) | A person who intends to file a report on the facilities-based telecommunications business under the proviso, with the exception of the subparagraphs, of Article 6 (1) of the Act shall submit a report on the facilities-based telecommunications business (including a report prepared in an electronic form) to the Minister of Science and ICT, along with a description verifying that he or she meets the requirements specified in paragraph (1). |
| (3) | Where any defect is found in the details of a report referred to in paragraph (2) or accompanying documents are incomplete, the Minister of Science and ICT may require the relevant reporter to supplement such report within a fixed period not exceeding 10 days, and may extend the period for supplementation if requested by the reporter. |
[This Article Wholly Amended on Jun. 25, 2019]
| Article 10 (Issuance of Certificate of Registration) |
| (1) | Upon receipt of an application for registration under Article 7 (1), the Minister of Science and ICT shall verify whether the application meets the registration requirements specified in Article 8, enter the following matters in the register of facilities-based telecommunications business operators, and issue a certificate of registration of a facilities-based telecommunications business operator to the relevant applicant within 30 days from the date of application. In such cases, the period required for assigning radio frequencies under Article 10 of the Radio Waves Act shall not be included in the period specified in the former part: |
| 1. | The registration number and the date of registration; |
| 2. | The trade name or title and the representative’s name; |
| 3. | The location of the main office; |
| 4. | Types of services to be provided; |
| 7. | Details of main facilities for business and a place where they are installed; |
| 8. | Matters concerning technical personnel; |
| 9. | Conditions of registration. |
| (2) | Upon receipt of a report under Article 9 (2), the Minister of Science and ICT shall issue a certificate of report on the facilities-based telecommunications business to the relevant reporter. |
| (3) | Where the certificate of registration issued under paragraph (1) or the certificate of report issued under paragraph (2) is lost or worn out, the facilities-based telecommunications business operator may request the Minister of Science and ICT to reissue it. |
| (4) | Except as provided in Articles 7, 9, and 10 (1) through (3), matters necessary for procedures, etc. for filing for registration of, and filing a report on, the facilities-based telecommunications business shall be determined and publicly notified by the Minister of Science and ICT. |
[This Article Wholly Amended on Jun. 25, 2019]
| Article 11 (Grounds for Disqualification from Filing for Registration) |
“Facilities-based telecommunications business, which meets the criteria prescribed by Presidential Decree” in the main clause, with the exception of the subparagraphs, of Article 7 of the Act means a business that installs telecommunications line equipment and provides facilities-based telecommunications services using such equipment (excluding the local communications business specified in subparagraph 1 (f) of attached Table 1; hereinafter referred to as “business possessing line equipment”). [This Article Newly Inserted on Jun. 25, 2019]
| Article 12 (Limitations on Stock Holdings by Foreign Governments or Foreigners) |
“Facilities-based telecommunications business operator who meets the criteria prescribed by Presidential Decree” in Article 8 (1) of the Act means a person who operates the business possessing line equipment (hereinafter referred to as “business operator possessing line equipment”). [This Article Wholly Amended on Jun. 25, 2019]
| Article 13 (Criteria for Examination of Public Benefits) |
| (2) | "Important managerial matters prescribed by Presidential Decree, such as the appointment or dismissal of executive officers of the relevant facilities-based telecommunications business operator and the transfer or acquisition of business" in Article 10 (1) 3 of the Act means the following: <Amended on Dec. 8, 2020> |
| 1. | Appointment or dismissal of a representative director of the facilities-based telecommunications business operator, or of at least one third of the executive officers thereof; |
| 2. | Transfer or acquisition of the facilities-based telecommunications business; |
| 2-2. | Merger of corporations which are facilities-based telecommunications business operators; |
| 3. | A facilities-based telecommunications business operator's launching of a new facilities-based telecommunications business. |
| (3) | "Cases prescribed by Presidential Decree" in Article 10 (1) 4 of the Act means any of the following cases: <Amended on Jan. 7, 2014> |
| 1. | Where the management rights of a facilities-based telecommunications business operator are actually changed because stockholders, other than the largest stockholder of the facilities-based telecommunications business operator, have agreed to jointly exercise voting rights; |
| 2. | Where the management rights of a holding company (referring to a holding company prescribed in subparagraph 1-2 of Article 2 of the Monopoly Regulation and Fair Trade Act; hereinafter the same shall apply) of a facilities-based telecommunications business operator are actually changed; |
| 3. | Where the management rights of a facilities-based telecommunications business operator are actually changed, because the largest stockholder of a corporation which is the largest stockholder of the facilities-based telecommunications business operator is changed; |
| 4. | Where the management rights of a facilities-based telecommunications business operator are actually changed, because a person, other than a stockholder of the facilities-based telecommunications business operator, has agreed to jointly exercise voting rights with a stockholder or a person actually holding the management rights of the facilities-based telecommunications business operator. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 14 Deleted. <Jan. 7, 2014> |
| Article 15 (Procedures for Examination of Public Benefits) |
| (1) | Any person who intends to make a report or make a request for examination pursuant to Article 10 (2) and (3) of the Act shall submit documents in which the following matters are entered to the Minister of Science and ICT: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The name and address of a reporting person or an applicant for examination (in the case of a corporation, the name and address of the corporation and the name and address of its representative); |
| 2. | The intent of and reasons for reporting or requesting an examination; |
| (2) | Where the Minister of Science and ICT deems that the supplementation of submitted documents is required, he or she may request the supplementation thereof within an appropriate period fixed. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Unless extenuating circumstances exist, the Public Benefit Examination Committee (hereinafter referred to as the "Public Benefit Examination Committee") under Article 10 (1) of the Act shall notify the Minister of Science and ICT of the results of examination on matters referred thereto, within three months from the date on which the Minister of Science and ICT refers matters thereto pursuant to Article 10 (4) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The Minister of Science and ICT shall notify a reporting person or an applicant for examination of the results of examination on public benefits under paragraph (3). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 16 (Organization of Public Benefit Examination Committee) |
| 1. | The Ministry of Economy and Finance; |
| 2. | The Ministry of Foreign Affairs; |
| 3. | The Ministry of Justice; |
| 4. | The Ministry of National Defense; |
| 5. | The Ministry of the Interior and Safety; |
| 6. | The Ministry of Trade, Industry and Energy; |
| 7. | The Fair Trade Commission; |
| 8. | The National Police Agency. |
| (2) | The term of office of members shall be two years, and they may be reappointed: Provided, That the term of office of a member who is a public official shall be his or her period of service in a position. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 16-2 (Dismissal of Members of Public Benefit Examination Committee) |
The chairperson of the Public Benefit Examination Committee may dismiss its member commissioned pursuant to Article 11 (2) of the Act from office, if: | 1. | The member becomes incapable of performing his or her duties due to a mental disorder; |
| 2. | The member engages in misconduct in connection with his or her duties; |
| 3. | The member is deemed unsuitable as a member due to neglect of duty, loss of dignity, or any other reason; |
| 4. | The member voluntarily admits that it is impracticable for him or her to perform his or her duties. |
[This Article Newly Inserted on Jan. 17, 2017]
| Article 17 (Operation of Public Benefit Examination Committee) |
| (1) | The chairperson of the Public Benefit Examination Committee shall represent the Public Benefit Examination Committee and preside over its affairs. |
| (2) | If the chairperson is unable to perform his or her duties due to unavoidable circumstances, a member previously designated by the chairperson shall perform the duties of the chairperson on his or her behalf. |
| (3) | The chairperson shall convene and preside over meetings of the Public Benefit Examination Committee. |
| (4) | The chairperson shall hold meetings of the Public Benefit Examination Committee when a majority of the incumbent members attend meetings and pass resolutions by the consent of a majority of the members present. |
| (5) | The Public Benefit Examination Committee shall have one executive secretary in order to conduct its affairs, and he or she shall be designated by the chairperson from among the public officials belonging to the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation of the Public Benefit Examination Committee shall be determined by the chairperson through its resolutions. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 18 (Imposition, Payment of Charges for Compelling Compliance) |
| (1) | When the Minister of Science and ICT determines the amount of a charge for compelling compliance prescribed in Article 13 of the Act, he or she shall take into account grounds for non-compliance of a corrective order and the value of benefits, etc. obtained as a result of non-compliance of the corrective order. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | In cases of disposal of stocks: The date of issuance of stock certificates; |
| 2. | In cases of changes in the details of a contract: The date of conclusion of a changed contract; |
| 3. | In cases of the suspension of any act harming the public interest: The date the relevant act is suspended; |
| 4. | In cases of the fulfillment of conditions: The date the relevant conditions are fulfilled. |
| (3) | Where the Minister of Science and ICT intends to impose a charge for compelling compliance prescribed in Article 13 of the Act, he or she shall notify such fact in writing by specifying the amount of such charge per day, grounds for the imposition thereof, a deadline for payment, an agency receiving payments, a method for raising an objection, and an agency that receives such objection, etc. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | A person notified pursuant to paragraph (3) shall pay a charge for compelling compliance within 30 days from the date he or she receives such notification: Provided, That where he or she is unable to pay the charge for compelling compliance within the period due to force majeure or other unavoidable circumstances, he or she shall pay such charge within 30 days from the date such reason ceases to exist. |
| (5) | Where a corrective order is not complied with though 90 days have passed from the expiration date of the period set by the corrective order, the Minister of Science and ICT may collect a charge for compelling execution every 90 days computing from such expiration date. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Article 49 shall apply mutatis mutandis to a request for the payment of a charge for compelling compliance. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 19 (Registration of Modification) |
| (1) | A person who intends to file for registration of modification of the facilities-based telecommunications business under Article 16 (1) of the Act shall submit to the Minister of Science and ICT an application for registration of modification of the facilities-based telecommunications business, along with documents by which a plan for modification may be verified. <Amended on Feb. 28, 2012; Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| (2) | “Important matters prescribed by Presidential Decree” in Article 16 (1) of the Act means the following matters: <Amended on Jun. 25, 2019> |
| 1. | The trade name, title, and address; |
| 3. | Types of services to be provided; |
| 6. | Modification of the details of the facilities-based telecommunications business registered pursuant to Article 6 (1) of the Act (including the resumption of business subject to the partial cancellation of registration under the main clause of Article 20 (1) of the Act); |
| (3) | Upon receipt of an application for registration of modification under paragraph (1), the Minister of Science and ICT shall verify a certificate of registered matters of a corporation and national technical qualification certificates of its technical personnel through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where any of the relevant technical personnel does not consent to the verification of his or her national technical qualification certificate, a copy of such document must be attached to the application for registration. <Newly Inserted on Jun. 25, 2019> |
| (4) | Where the Minister of Science and ICT has registered modification upon receipt of an application for registration of modification under paragraph (1), he or she shall issue a certificate of registration stating matters modified. <Amended on Jun. 25, 2019> |
[Title Amended on Sep. 15, 2015]
| Article 20 (Application for Authorization for Acquisition and Merger) |
| (1) | A person who intends to obtain authorization to acquire all or part of the business of a facilities-based telecommunications business operator pursuant to Article 18 (1) 1 of the Act shall submit an application for authorization to acquire the facilities-based telecommunications business to the Minister of Science and ICT, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| 1. | A copy of a contract for transfer or acquisition; |
| 2. | The articles of association of a transferor or a transferee, and evidential documents related to transfer or acquisition; |
| 3. | A list of stockholders of a transferee or documents concerning the ownership of stocks, etc. of stockholders, etc. thereof; |
| 4. | The current status of business operations of a transferor or a transferee; |
| 5. | A business plan subsequent to acquisition; |
| 6. | Terms and conditions of use, including details related to the protection of users; the status of establishment of a consumer protection organization; and a plan for operation; |
| 7. | Details of main facilities for business; a place where they are installed; and a schematic diagram of telecommunications networks. |
| (2) | A person who intends to obtain authorization for merger of a corporation that is a facilities-based telecommunications business operator pursuant to Article 18 (1) 2 of the Act, shall submit to the Minister of Science and ICT an application for authorization for the merger of facilities-based telecommunications business, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| 1. | A copy of a contract for merger; |
| 2. | The articles of association of the parties to merger and evidential documents related to the merger thereof; |
| 3. | A list of stockholders of a corporation that survives merger or a corporation incorporated in the course of a merger or documents concerning the ownership of stocks, etc. of stockholders, etc. thereof; |
| 4. | The current status of business operations of the parties to merger; |
| 5. | A business plan subsequent to merger; |
| 6. | Terms and conditions of use, including details related to the protection of users; the status of establishment of a consumer protection organization; and a plan for operation; |
| 7. | Details of main facilities for business; a place where they are installed; and a schematic diagram of telecommunications networks. |
| (3) | A facilities-based telecommunications business operator who intends to obtain authorization to sell telecommunications line equipment pursuant to Article 18 (1) 3 of the Act shall submit to the Minister of Science and ICT an application for authorization to sell telecommunications line equipment, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | A copy of a contract for sale or purchase of telecommunications line equipment and evidential documents related thereto; |
| 2. | The articles of association of a seller or a purchaser and evidential documents related to sale and purchase; |
| 3. | A list of stockholders of a purchaser or documents concerning the ownership of stockholders, etc. thereof; |
| 4. | The current status of business operations of a seller or a purchaser; |
| 5. | A business plan subsequent to sale. |
| (4) | A person who intends to own at least 15/100 of the total number of issued stocks of a facilities-based telecommunications business operator, or to be the largest stockholder of a facilities-based telecommunications business operator pursuant to Article 18 (1) 4 of the Act, shall submit to the Minister of Science and ICT an application for authorization for the ownership of stocks (the largest stockholder) of the facilities-based telecommunications business, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Documents evidencing the acquisition of stocks, such as a copy of a contract for acquisition of the stocks; |
| 2. | The articles of association of a purchaser of stocks or a person who intends to be the largest stockholder, and the other company; |
| 3. | The current status of stockholders of a purchaser of stocks or a person who intends to be the largest stockholder, and the other company; |
| 4. | The current status of business operations of a purchaser of stocks or a person who intends to be the largest stockholders, and the other company; |
| 5. | Purposes of and grounds for acquiring stocks, and analysis of impacts from the acquisition of stocks; |
| 6. | A plan for serving concurrently as an executive officer (only applicable where a person plans to serve concurrently as an executive officer of the other company); |
| 7. | A business plan formulated after the acquisition of stocks (only applicable where a person intends to be the largest stockholder). |
| (5) | A person who intends to obtain authorization for the acquisition of stocks or the conclusion of an agreement pursuant to Article 18 (1) 5 of the Act shall submit an application for authorization to the Minister of Science and ICT, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Documents evidencing conduct to control the management rights, such as a copy of a contract for the acquisition of stocks or a copy of an agreement; |
| 2. | The articles of association of the purchaser of stocks or the party to an agreement and the other company; |
| 3. | The current status of stockholders of a purchaser of stocks or the party to an agreement and the other company; |
| 4. | The current status of business operations of a purchaser of stocks or the party to an agreement and the other company; |
| 5. | Objectives of and grounds for the acquisition of stocks or the conclusion of an agreement and analysis of impacts thereof; |
| 6. | A plan for serving concurrently as an executive officer (only applicable where a person plans to serve concurrently as an executive officer of the other company); |
| 7. | A business plan after the acquisition of stocks or the conclusion of an agreement. |
| 1. | Where the same person intends to actually exercise the largest stockholder's voting rights of a facilities-based telecommunications business operator by acquiring stocks issued by its largest stockholder (including those issued by persons with special relations with the largest stockholder) solely or jointly with persons who have special relations with him or her; |
| 2. | Where a person intends to acquire stocks in excess of voting rights of the largest stockholder of a facilities-based telecommunications business operator jointly with persons (including persons who have special relations with him or her) who have the same object to control the management of the facilities-based telecommunications business operator; |
| 3. | Where a person intends to actually control the management rights of a facilities-based telecommunications business operator through leasing business, delegation of management or other agreements similar thereto with the facilities-based telecommunications business operator or the largest stockholder thereof; |
| 4. | Where a person intends to jointly exercise voting rights in excess of the voting rights of the largest stockholder of a facilities-based telecommunications business operator by concluding an agreement with other stockholders other than the largest stockholder of the facilities-based telecommunications business operator. |
| (7) | A facilities-based telecommunications business operator who intends to obtain authorization to incorporate a corporation to provide some registered facilities-based telecommunications services pursuant to Article 18 (1) 6 of the Act shall submit to the Minister of Science and ICT an application for authorization to incorporate a corporation to provide facilities-based telecommunications services, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| 1. | The articles of association of a corporation to be incorporated; |
| 2. | A list of stockholders of a corporation to be incorporated or documents concerning the ownership of stocks, etc. thereof; |
| 3. | The current status of business operations of services he or she intends to provide (only applicable to a facilities-based telecommunications business operator who is providing services that he or she intends to provide through a newly incorporated corporation); |
| 4. | A business plan of a corporation to be incorporated; |
| 5. | Terms and conditions of use, including details related to the protection of users; the status of establishment of a consumer protection organization; and a plan for operation; |
| 6. | Details of main facilities for business; a place where they are installed; and a schematic diagram of telecommunications networks. |
| (8) | Applications for authorization under paragraphs (1) through (5) and (7) and documents referred to in each subparagraph of the same paragraphs may be submitted in the electronic form. |
| (9) | The Minister of Science and ICT, in receipt of an application for authorization for acquisition, merger, sale, change of the largest stockholder, the acquisition of stocks, the conclusion of an agreement or incorporation of a corporation pursuant to paragraphs (1) through (7), shall verify the following matters through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where any of the relevant technical personnel does not consent to the verification of a document specified in subparagraph 2, a copy of the document must be attached to such application: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| 1. | A certificate of registered matters of a corporation (only applicable to the party to acquisition by transfer, merger, sale, change of the largest stockholder, the acquisition of stocks, the conclusion of an agreement, or to the incorporation of a corporation); |
| 2. | National technical qualification certificates of technical personnel (only applicable to a transferee, a corporation that survives a merger or corporation incorporated in the course of the merger, and a corporation to be incorporated). |
| (10) | Where the Minister of Science and ICT grants authorization for acquisition, merger, or the incorporation of a corporation prescribed in paragraph (1), (2) or (7), he or she shall issue a certificate of registration of a facilities-based telecommunications business operator. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| (11) | Cases where the impact on competition in the facilities-based telecommunications business is insignificant as referred to in the proviso, with the exception of the subparagraphs, of Article 18 (2) and (11) of the Act shall be respectively cases where a person falling under any subparagraph of Article 18 (1) of the Act (excluding persons who fall under Article 18 (1) 3 and 6 of the Act and the facilities-based telecommunications business operators designated and publicly notified under Article 39 (3); hereafter referred to as "acquirer, amalgamator, etc." in this Article) falls under any of the following cases by engaging in an act referred to in any subparagraph of Article 18 (1) of the Act (excluding acts referred to in Article 18 (1) 3 and 6 of the Act; hereafter referred to as "acquisition, merger, etc." in this paragraph) against a facilities-based telecommunications business operator whose turnover in the facilities-based telecommunications business during the immediately preceding year is less than 50 billion won in cases of the business possessing line equipment, and less than 100 billion won in cases of the business other than the business possessing line equipment (hereinafter referred to as “business not possessing line equipment”) in the facilities-based telecommunications business. <Newly Inserted on Apr. 14, 2015; Jun. 25, 2019> |
| 1. | Where any of the following relationship (hereinafter referred to as "dominance relation") is not established by the relevant acquisition, merger, etc.: |
| (a) | Where the shareholding ratio of the acquirer, amalgamator, etc. is at least 50/100 (including shares; hereafter the same shall apply in this paragraph); |
| (b) | Where the shareholding ratio of the acquirer, amalgamator, etc. is less than 50/100, in any of the following cases: |
| (i) | Where the acquirer, amalgamator, etc. is the largest shareholder and, based upon the degree of dispersion, is able to exercise control over the company by exercising the shareholder's right; |
| 2. | Where the acquirer, amalgamator, etc. acquires common telecommunications business of a common telecommunications business operator in which the dominance relation has already been established; |
| 3. | Where the acquirer, amalgamator, etc. merges a corporation, which is a common telecommunications business operator, in which the dominance relation has already been established. |
| (12) | Under the proviso, with the exception of the subparagraphs, of Article 18 (2) and (11) of the Act, the Minister of Science and ICT may grant authorization to a person falling under paragraph (11) after examining only the appropriateness of the measures for protection of users prescribed in Article 18 (2) 4 of the Act, following consultations with the Fair Trade Commission as prescribed in Article 18 (6) of the Act. <Newly Inserted on Apr. 14, 2015; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 21 (Standards for Major Telecommunications Line Equipment) |
| Article 22 (Reporting on Acquisition and Merger) |
| (1) | “Where the turnover of facilities-based telecommunications business ... for the preceding year is less than an amount prescribed by Presidential Decree” in the proviso, with the exception of the subparagraphs, of Article 18 (1) of the Act means a case classified as follows: |
| 1. | Business possessing line equipment: Where the turnover is less than 30 billion won; |
| 2. | Business not possessing line equipment: Where the turnover is less than 80 billion won. |
| (2) | “Where the telecommunications service turnover of any facilities-based telecommunications business operator ... for the preceding year is less than an amount prescribed by Presidential Decree” in the proviso, with the exception of the subparagraphs, of Article 18 (1) of the Act means a case classified as follows: |
| 1. | A business operator possessing line equipment: Where the turnover in the business possessing line equipment is less than 30 billion won; |
| 2. | A person who operates the business not possessing line equipment (hereinafter referred to as “business operator not possessing line equipment”): Where the turnover in the business not possessing line equipment is less than 80 billion won; |
| 3. | A person who operates both the business possessing line equipment and the business not possessing line equipment: Where the turnover in the former is less than 30 billion won and that in the latter is less than 80 billion won. |
| (3) | A person who intends to file a report under the proviso, with the exception of the subparagraphs, of Article 18 (1) of the Act shall submit to the Minister of Science and ICT a report (including a report prepared in an electronic form) classified as follows: |
| 4. | A person specified in Article 18 (1) 4 of the Act: A report on the facilities-based telecommunications business stock holdings (the largest stockholder); |
| 5. | A person specified in Article 18 (1) 5 of the Act: A report on the acquisition of stocks or on the conclusion of the relevant agreement; |
| 6. | A person specified in Article 18 (1) 6 of the Act: A report on the incorporation of a corporation providing facilities-based telecommunications services; |
| 7. | A person who intends to sell telecommunications line equipment other than that specified in Article 21: A report on the sale of telecommunications line equipment (excluding major telecommunications line equipment). |
| (4) | Upon receipt of a report under paragraph (3), the Minister of Science and ICT shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where any of the relevant technical personnel does not consent to the verification of a document specified in subparagraph 2, a copy of the document must be attached to the relevant report: |
| 1. | A certificate of registered matters of a corporation (only applicable to the party to the acquisition by transfer, merger, sale, change of the largest stockholder, acquisition of stocks, conclusion of an agreement, or the incorporation of a corporation); |
| 2. | National technical qualification certificates of technical personnel (only applicable to a transferee, a corporation that survives a merger or corporation incorporated in the course of the merger, and a corporation to be incorporated). |
| (5) | Upon receipt of a report on the acquisition, merger, or incorporation of a corporation under paragraph (3) 1, 2, or 6, the Minister of Science and ICT shall issue a certificate of registration of a facilities-based telecommunications business operator to the relevant person. |
| (6) | Except as provided in paragraphs (3) through (5), matters necessary for the procedures for filing a report, documents to be submitted, etc. shall be determined and publicly notified by the Minister of Science and ICT. |
[This Article Wholly Amended on Jun. 25, 2019]
| Article 23 Deleted. <Oct. 1, 2010> |
| Article 24 (Application for Approval for Business Suspension) |
| (1) | A person who intends to obtain approval for the suspension or closure of business pursuant to the main clause of Article 19 (1) of the Act shall submit the following documents to the Minister of Science and ICT no later than 60 days before the scheduled date of such suspension or closure: <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017; Jun. 25, 2019; Dec. 8, 2020> |
| 1. | Details of his or her business intended to be suspended or closed, and a map of his or her business area; |
| 2. | Documents stating the details of the major telecommunications equipment relating to his or her business subject to suspension or closure; |
| 3. | A certificate of registration (only applicable to the closure of all of business); |
| 4. | A statement giving the grounds; |
| 5. | Documents concerning the notification of business suspension or closure; |
| 6. | Documents in which a plan for the protection of users following business suspension or closure is included. |
| (2) | “Required document prescribed by Presidential Decree, such as the details of business and a map of the area of business intended to be suspended or closed" in Article 19 (3) 1 of the Act means documents referred to in the subparagraphs of paragraph (1). <Newly Inserted on Apr. 14, 2015; Dec. 8, 2020> |
[This Article Wholly Amended on Feb. 28, 2012]
[Title Amended on Dec. 8, 2020]
| Article 24-2 (Reporting on Suspension of Business) |
| (1) | “Facilities-based telecommunications business operator whose telecommunications service sales of the preceding year are less than an amount prescribed by Presidential Decree” in the proviso of Article 19 (1) of the Act means a person classified as follows: |
| 1. | A business operator possessing line equipment: Where the sales in the business possessing line equipment are less than 5 billion won; |
| 2. | A business operator not possessing line equipment: Where the sales in the business not possessing line equipment are less than 80 billion won; |
| 3. | A person who operates both the business possessing line equipment and the business not possessing line equipment: Where the sales in the former are less than 5 billion won and those in the latter are less than 80 billion won. |
| (2) | A person who intends to file a report on the suspension or closure of the facilities-based telecommunications business under the proviso of Article 19 (1) of the Act shall submit a report on the suspension or closure of facilities-based telecommunications business, along with a document verifying that he or she has notified users of such business suspension or closure, to the Minister of Science and ICT no later than 15 days before the scheduled date of such suspension or closure. <Amended on Dec. 8, 2020> |
[This Article Newly Inserted on Jun. 25, 2019]
[Title Amended on Dec. 8, 2020]
| Article 25 (Criteria and Procedures for Canceling Registration) |
| (1) | "Period longer than that prescribed by Presidential Decree" in Article 20 (1) 4-2 of the Act means six months. <Newly Inserted on Apr. 14, 2015> |
| (2) | Criteria for making a disposition of cancellation of registration, orders for business closure, or suspension of business prescribed in Articles 20 (2) and 27 (2) of the Act shall be as specified in attached Table 2. <Amended on Feb. 28, 2012; Apr. 14, 2015; Jun. 25, 2019; Dec. 8, 2020> |
| (3) | Where the Minister of Science and ICT has made a disposition of cancellation of registration, orders for business closure, or suspension of business prescribed in paragraph (2), he or she shall publicly announce such fact without delay and inform the relevant telecommunications business operator thereof in writing. <Amended on Feb. 28, 2012; Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017; Jun. 25, 2019; Dec. 8, 2020> |
[Title Amended on Jun. 15, 2015]
| Article 26 Deleted. <Jun. 25, 2019> |
| Article 27 Deleted. <Jun. 25, 2019> |
| Article 28 Deleted. <Jun. 25, 2019> |
| Article 29 (Procedures for Reporting Value-Added Telecommunications Business) |
| (1) | A person who intends to report the value-added telecommunications business pursuant to the forepart of Article 22 (1) of the Act shall submit a report (including a report in an electronic form) of the value-added telecommunications business to the Minister of Science and ICT, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | A schematic diagram of telecommunications networks (only applicable where the Minister of Science and ICT requests him or her to submit such schematic diagram because he or she deems it necessary to report new special value-added telecommunications services); |
| 2. | A detailed statement on the formulation of measures for the protection of personal information (only applicable where he or she deals with personal information). |
| (2) | A person who intends to register the special value-added telecommunications business pursuant to Article 22 (2) of the Act shall submit an application for registration of a special value-added telecommunications business operator (including an application therefor in an electronic form) to the Minister of Science and ICT, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The articles of association (only applicable to a corporation, and including a corporation to be incorporated); |
| 2. | Documents that may prove that he or she meets the requirements for registration referred to in the subparagraphs of Article 22 (2) of the Act. |
| (3) | The Minister of Science and ICT in receipt of a report under paragraph (1) or an application for registration under paragraph (2) shall verify a certificate of registered matters of a corporation through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Where there is any defect in the details of a report on the value-added telecommunications business under paragraph (1) or an application for registration of a special value-added telecommunications business operator under paragraph (2) or accompanying documents are incomplete, the Minister of Science and ICT may request a reporter or applicant to supplement such report or application within a fixed period not exceeding ten days, and where a reporter or applicant requests it to extend the period for supplementation, he or she may extend the period for supplementation. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | When the Minister of Science and ICT receives a report on the value-added telecommunications business under paragraphs (1), he or she shall issue a certificate of report on the value-added telecommunications business to a reporter. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | When the Minister of Science and ICT receives an application for registration pursuant to paragraph (2), he or she shall verify whether such application meets the requirements for registration under paragraph (9), enter the following in the register of special value-added telecommunications business operators and issue a certificate of registration of a special value-added telecommunications business operator to the applicant therefor within 30 days from the date of application: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The registration number and the date of registration; |
| 2. | A trade name or title, and the name of the representative thereof; |
| 3. | The location of the main office; |
| 5. | Kinds of services to be provided; |
| 6. | Details of main facilities for business and a place where they are installed; |
| 7. | Conditions of registration. |
| (7) | Where a value-added telecommunications business operator loses a certificate of a report issued pursuant to paragraph (5) or a certificate of registration issued pursuant to paragraph (6) or it is worn out, he or she may request the Minister of Science and ICT to reissue it. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (8) | "Matters prescribed by Presidential Decree, such as a business plan" in Article 22 (2) 4 of the Act means a business plan and a plan for the protection of users. |
| (9) | Requirements for registration of a special value-added telecommunications business operator under Article 22 (2) of the Act shall be as specified in attached Table 3. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 30 (Exemption from Reporting Value-Added Telecommunications Business Operators) |
| (1) | "Small value-added telecommunications business operator who meets standards prescribed by Presidential Decree" in Article 22 (4) 1 of the Act means a value-added telecommunications business operator who provides value-added telecommunications services via the Internet and whose capital is not more than 100 million won. <Amended on Apr. 14, 2015> |
| (2) | Where a value-added telecommunications business operator exempted from reporting pursuant to paragraph (1) has capital exceeding 100 million won, he or she shall report thereon to the Minister of Science and ICT pursuant to Article 22 (1) of the Act within one month from the date such grounds arise. <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 30-2 (Disqualifications for Registration) |
"Investor prescribed by Presidential Decree" in Article 22-2 of the Act means any of the following persons: <Amended on Sep. 5, 2017> | 1. | Where a person in question has the largest share of stocks by totaling stocks, etc. owned by him or her and persons who have special relations with him or her who fall under any of the subparagraphs of Article 3 (1) of the Enforcement Decree of the Act on Corporate Governance of Financial Companies by his or her reckoning of stocks in whose name they may be, on the basis of issued stocks with voting rights or equity stakes (hereafter referred to as "stocks, etc." in this Article) of the relevant corporation, such person in question; |
[This Article Newly Inserted on Nov. 14, 2011]
| Article 30-3 (Technical Measures to Prevent Dissemination of Unlawful Information with Obscene Contents) |
| (1) | "Technical measures prescribed by Presidential Decree" in Article 22-3 (1) 2 of the Act means all of the following measures: <Amended on May 31, 2016; Dec. 8, 2020> |
| 2. | Measures through which a business operator restricts users from the search, transmission, or receipt of unlawful information with obscene contents that he or she has detected under subparagraph 1 to prevent the dissemination thereof; |
| 3. | Measures through which a business operator restricts users from the search, transmission, or receipt of unlawful information with obscene contents, when he or she finds out the circulation of the relevant information after failing to detect the unlawful information with obscene content notwithstanding the measures referred to in subparagraph 1; |
| 4. | Measures through which a business operator sends a warning note on prohibition, etc. against the dissemination of unlawful information with obscene content to the transmitter of such information. |
[This Article Newly Inserted on Apr. 14, 2015]
| Article 30-4 (Reports on and Disclosure of Value-Added Telecommunications Services) |
| (1) | A telecommunications business operator who intends to report the fees for value-added telecommunications services prescribed in subparagraph 14 (b) of Article 2 of the Act or to report any modification thereof to the Minister of Science and ICT pursuant to the main clause of Article 22-4 (1) of the Act shall submit data classified as follows: <Amended on Jul. 26, 2017; Dec. 8, 2020> |
| 1. | Reports on fees: The fees and their calculation basis; |
| 2. | Reports on modification of fees: Details of the modification of the fees, and grounds therefor. |
| (2) | A telecommunications business operator who intends to disclose the details of a report or a report on modification filed under Article 22-4 (1) of the Act, as prescribed in paragraph (2) of the same Article, shall post the fees or the details of the modification made to the fees on the website of the relevant business operator. |
[This Article Newly Inserted on Jul. 28, 2016]
| Article 30-5 (Reports on Illegal Filmed Materials or Requests for Deletion Thereof) |
| (1) | “Institutions or organizations prescribed by Presidential Decree” in Article 22-5 (1) of the Act means any of the following institutions or organizations: |
| 3. | Other institutions and organizations subsidized by the State, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province to cover expenses incurred in performing business regarding support, etc. for the deletion of illegal filmed materials, etc. under Article 22-5 (1) of the Act (hereinafter referred to as "illegal filmed materials, etc."), which are determined and publicly notified by the Korea Communications Commission. |
| (2) | A person who intends to file a report on illegal filmed materials, etc. or a request for deletion thereof (hereinafter referred to as "report or request for deletion") pursuant to Article 22-5 (1) of the Act shall submit to a business operator obliged to take measures, a written report on the circulation of illegal filmed materials, etc. or a written request for deletion thereof in the attached Form or a document prepared to include the details of the same Form. |
| (3) | Where a business operator obliged to take measures receives a report on, or a request for deletion of, information suspected to be illegal filmed materials, etc. and if it is impracticable to determine whether such information corresponds to illegal filmed materials, etc., he or she may request deliberation from the Korea Communications Standards Commission under Article 18 (1) of the Act on Establishment and Operation of Korea Communications Commission (hereinafter referred to as the "Korea Communications Standards Commission"). |
| (4) | Upon receipt of a request for deliberation under paragraph (3), the Korea Communications Standards Commission shall deliberate and decide on whether the relevant information corresponds to illegal filmed materials, etc. and shall notify the results thereof to the business operator obligated to take measures who has requested such deliberation. |
| (5) | Where a business operator obligated to take measures is notified that the relevant information corresponds to illegal filmed materials, etc. pursuant to paragraph (4), he or she shall, without delay, take measures necessary to prevent the circulation of the relevant information, such as deleting the information and blocking access thereto, pursuant to Article 22-5 (1) of the Act. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 30-6 (Technical and Managerial Measures to Prevent Circulation of Illegal Filmed Materials) |
| (1) | "Business operator obliged to take measures prescribed by Presidential Decree" in Article 22-5 (2) of the Act means any of the following business operators obliged to take measures (hereinafter referred to as "business operator obliged to take preliminary measures"): |
| 1. | A special value-added telecommunications business operator who falls under subparagraph 14 (a) of Article 2 of the Act; |
| 2. | A person reporting the value-added telecommunications business under Article 22 (1) of the Act (including a person who falls under any of the subparagraphs of paragraph (4) of the same Article), who meets any of the following requirements: |
| (a) | A person whose sales from the value-added telecommunications services for the preceding year (referring to the preceding business year, in cases of a corporation) are at least one billion won and who provides value-added telecommunications services specified in attached Table 3-2; |
| (b) | A person who has an average number of at least 100,000 users per day for three months immediately before the end of the preceding year and who provides value-added telecommunications services specified in attached Table 3-2. |
| 1. | Measures to enable a person who discovers information suspected to be illegal filmed materials, etc. to constantly file a report on, or a request for deletion of, such information with a business operator obliged to take preliminary measures through the information and communication network; |
| 2. | Measures to restrict the transmission of search results, such as deleting the search results by identifying whether the information that users intend to search corresponds to illegal filmed materials, etc. for which a report or request for deletion was filed pursuant to Article 22-5 (1) of the Act, by means of comparison of a search word entered by the users and the title, name, etc. of the illegal filmed materials, etc.; |
| 3. | Measures to restrict the publication of the relevant information after analyzing the characteristics of the information that users intend to publish and comparing and identifying whether the information corresponds to illegal filmed materials, etc. deliberated and decided by the Korea Communications Standards Commission. In such cases, any of the following technologies shall be used for comparison and identification: |
| (a) | Technologies developed and provided by the State agencies; |
| (b) | Technologies that have passed a performance assessment conducted within the last two years by the institutions and organizations designated and publicly notified by the Korea Communications Commission; |
| 4. | Measures to inform users in advance, through the information and communications network, that where they circulate illegal filmed materials, etc., measures necessary to prevent the circulation of the relevant information, such as deleting the information and blocking access thereto, under Article 22-5 (1) of the Act shall be taken and they may be punished under the relevant statutes or regulations. |
| (3) | Detailed matters concerning technical and managerial measures under paragraph (2) shall be determined and publicly notified by the Korea Communications Commission. |
| (4) | The Korea Communications Commission may provide a business operator obliged to take preliminary measures with any administrative support necessary for taking technical and managerial measures under Article 22-5 (2) of the Act. |
| (5) | The Korea Communications Commission may establish a cooperation system with business operators obliged to take preliminary measures and the relevant institutions or organizations to provide administrative support under paragraph (4). |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 30-7 (Criteria for Calculation of Penalty Surcharges) |
| (1) | "Sales prescribed by Presidential Decree" in the main clause of Article 22-6 (1) of the Act means the annual average sales of the relevant value-added telecommunications services through which illegal filmed materials, etc. subject to the measures necessary to prevent circulation under Article 22-5 (1) of the Act are circulated, for the immediately preceding three business years, among value-added telecommunications services provided by a business operator obliged to take measures: Provided, That in any of the following cases, it means the amount classified as follows: |
| 1. | Where three years have not passed since the commencement of the business based on the first day of the business year in which the date measures necessary for the prevention of circulation are not taken in violation of Article 22-5 (1) of the Act falls (excluding cases falling under subparagraph 2): An amount obtained by converting the sales from the commencement date of the business until the last day of the immediately preceding business year into an average annual sales; |
| 2. | Where the business commences in the business year in which the date measures necessary for the prevention of circulation are not taken in violation of Article 22-5 (1) of the Act falls: An amount obtained by converting the sales from the commencement date of the business until the date of conducting a violation into an average annual sales. |
| 1. | Where no business performance exists due to the failure to commence business, suspension of the business, etc.; |
| 2. | Where it is difficult to calculate the sales under paragraph (1) because the scope of circulation of illegal filmed materials, etc. cannot be clearly set; |
| 3. | Where it is difficult to objectively calculate the sales because data for the calculation of sales have disappeared or have been destroyed due to a disaster, etc. |
| (3) | Where necessary to calculate the sales under Article 22-6 (1) of the Act, the Korea Communications Commission may request the relevant business operator obliged to take measures to submit financial statements and other accounting data, and data concerning the current status of business operations for a specified period not exceeding 20 days. |
| (5) | Article 48 shall apply mutatis mutandis to notification of the imposition of penalty surcharges and payment thereof under Article 22-6 of the Act. In such cases, the "Minister of Science and ICT or the Korea Communications Commission" in paragraph (1) of the same Article and the main clause of paragraph (2) of the same Article shall be construed as the "Korea Communications Commission." |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 30-8 (Measures to Secure Service Stability of Value-Added Telecommunications Business Operators) |
| (1) | “Value-added telecommunications business operator who meets the standards prescribed by Presidential Decree” in Article 22-7 of the Act means any of the following: |
| 1. | The average number of domestic users per day for three months immediately before the end of the preceding year shall be at least one million; |
| 2. | The average volume of domestic traffic generated per day for three months immediately before the end of the preceding year shall be at least 1/100 of the total volume of domestic traffic which is communicated on an average daily basis for three months immediately before the end of the preceding year in the information and communications network through which a domestic facilities-based telecommunications business operator provides Internet services (including wireless Internet services). |
| (2) | "Measures prescribed by Presidential Decree, such as securing the means of service stability and dealing with user requests" in Article 22-7 of the Act means the following measures conducted by a value-added telecommunications business operator under paragraph (1) within the scope of his or her authority and responsibility: |
| 1. | The following measures to secure the means of service stability: |
| (a) | Measures necessary for the stable provision of telecommunications services without discrimination (excluding any discrimination depending on the performance of terminal devices or facilities-based telecommunications services provided by a facilities-based telecommunications business operator) based on a terminal device used by users or a facilities-based telecommunications business operator subscribed to by users; |
| (b) | Measures directly implemented by the value-added telecommunications business operator in order to prevent technical errors, such as a preliminary inspection of commercial telecommunications equipment possessed by a value-added telecommunications business operator; |
| (c) | Measures directly implemented by a value-added telecommunications business operator in order to ensure the stable provision of telecommunications services, such as diversification of the server or the optimization of content transmission volume, in preparation for an excessive concentration of traffic on a specific commercial telecommunications equipment; |
| (d) | Measures to be taken by a value-added telecommunications business operator, such as increasing the capacity of a server, securing the smoothness of Internet connection, and optimizing the traffic route, where it is expected that the increase of traffic generated is likely to significantly affect the stable provision of telecommunications services in the future, in consideration of the trend of traffic generated; and if necessary for such measures, consultation with a facilities-based telecommunications business operator or a value-added telecommunications business operator who provides content transmission services; |
| (e) | Measures to give an advance notification to a facilities-based telecommunications business operator, where any act expected to significantly affect the stable provision of telecommunications services is conducted, such as the change in the route of traffic providing telecommunications services; |
| 2. | The following measures concerning dealing with user requests: |
| (a) | Securing a system for dealing with requests, such as an on-line or automated telephone response system that can receive user requests in Korean during the business hours; |
| (b) | Conducting a preliminary inspection of commercial telecommunications equipment possessed by a value-added telecommunications business operator in order to implement the measures prescribed in the items of subparagraph 1; and notifying contact information, etc. to give users advice on the relevant facts and relevant matters, where a significant change occurs, such as the temporary suspension of the provision of telecommunications services or the temporary reduction of the transmission speed of telecommunications services; |
| (c) | Securing a means to transmit the relevant data, where a value-added telecommunications business operator suspends or closes his or her business or a user suspends or terminates the contract for use of telecommunications services and if the user requests the value-added telecommunications business operator to transmit materials, such as voice, data, and images created by the user; |
| 3. | Preparing a reasonable payment means of service charges; |
| 4. | Formulating internal guidelines for the measures falling under subparagraphs 1 through 3. |
| (3) | Where it is deemed that the occurrence of failures in the provision of telecommunications services, such as the reduction of transmission speed, or the suspension of the provision of telecommunications services undermines the securing of the stability of telecommunications services provided by a value-added telecommunications business operator under paragraph (1), the Minister of Science and ICT may request the submission of the relevant data to verify the current status of implementing the measures prescribed in each item of paragraph (2) 1. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 31 (Registration of, or Reporting on, Modification of Value-Added Telecommunications Business) |
| (1) | "Matters prescribed by Presidential Decree" in Article 23 of the Act means the following: <Amended on Jun. 25, 2019; Dec. 8, 2020> |
| 1. | A trade name, title and address; |
| 3. | Types of services to be provided; |
| 4. | Deleted; <Jun. 25, 2019> |
| 5. | Deleted; <Jun. 25, 2019> |
| 6. | Deleted; <Jun. 25, 2019> |
| 7. | Matters concerning changes in the details of the value-added telecommunications business under Article 22 (1) or (2) of the Act (including the resumption of business subject to the partial cancellation of registration or the partial closure of business under the main clause of Article 27 (1) of the Act). |
| (2) | Where any person intends to modify matters falling under any of the subparagraphs of paragraph (1), he or she shall submit a report on modification in the value-added telecommunications business or an application for registration of modification of the special value-added telecommunications business (including an application or a report prepared in an electronic form) to the Minister of Science and ICT along with documents (including electronic documents) that may confirm the modified matters. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| (3) | Where the Minister of Science and ICT has registered modified matters upon receipt of an application for registration of modification or has received a report on modification pursuant to paragraph (2), he or she shall issue a certificate of registration or a certificate of report in which modified matters have been entered. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| (4) | The Minister of Science and ICT in receipt of an application for registration of modification or a report on modification pursuant to paragraph (2) shall verify a certificate of registered matters of a corporation or a business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where a reporter does not consent to the verification of a business registration certificate, he or she shall have him or her attach such certificate. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
[Title Amended on Sep. 15, 2015]
| Article 32 (Reporting on Transfer of Value-Added Telecommunications Business) |
| (1) | A person who intends to report the transfer or acquisition of the value-added telecommunications business pursuant to Article 24 of the Act shall submit a report on transfer or acquisition (including a report prepared in an electronic form) to the Minister of Science and ICT within 30 days from the date on which he or she enters into a contract for transfer or acquisition, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| 1. | A copy of a contract for transfer or acquisition; |
| 2. | Documents provided for in each subparagraph of 29 (1) and (2); |
| 3. | A certificate of registration or a certificate of report. |
| (2) | A person who intends to report the merger of a corporate value-added telecommunications business operator under Article 24 of the Act shall submit a report on the merger (including a report prepared in an electronic form) to the Minister of Science and ICT within 30 days from the date he or she enters into a contract for merger, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
| 1. | A copy of a contract for merger; |
| 2. | Documents referred to in the subparagraphs of Article 29 (1) and (2); |
| 3. | A certificate of registration or a certificate of report. |
| (3) | A person who intends to report the inheritance of the value-added telecommunications business pursuant to Article 24 of the Act shall submit a report on inheritance (including a report prepared in an electronic form) to the Minister of Science and ICT within 30 days from the date the cause of such inheritance arises, along with documents (including electronic documents) proving that he or she is an inheritor or inheritress. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The Minister of Science and ICT in receipt of a report pursuant to paragraphs (1) through (3) shall verify a certificate of registered matters of a corporation of a transferee or the party to merger (referring to a corporation that survives or a corporation newly incorporated) and national technical qualification certificates of its technical human resources or a certificate on records of family relations of an inheritor or inheritress through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where a reporter does not consent to such verification, he or she shall have him or her attach the relevant documents (referring to a copy of a national technical qualification certificate or a certificate on records of family relations) to the report. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | When the Minister of Science and ICT receives a report on the transfer, acquisition or merger of the value-added telecommunications business pursuant to paragraph (1) or (2), he or she shall issue a certificate of a report on the value-added telecommunications business or a certificate of registration of a special value-added telecommunications business operator. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
[This Article Wholly Amended on Feb. 28, 2012]
[Title Amended on Jun. 25, 2019]
| Article 33 (Reporting on Suspension or Closure of Value-Added Telecommunications Business) |
| (1) | A person who intends to report the suspension or closure of the value-added telecommunications business pursuant to Article 26 (1) of the Act shall submit to the Minister of Science and ICT a report on the suspension or closure of the value-added telecommunications business, along with documents proving that he or she has notified users of the business suspension or closure no later than 15 days before a scheduled date of such suspension or closure. <Amended on Dec. 8, 2020> |
| (2) | A person who intends to report the dissolution of a corporate value-added telecommunications business operator pursuant to Article 26 (2) of the Act shall submit, without delay, a report on corporate dissolution (including a report prepared in an electronic form) to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019> |
[This Article Wholly Amended on Feb. 28, 2012]
[Title Amended on Jun. 25, 2019; Dec. 8, 2020]
CHAPTER III TELECOMMUNICATIONS SERVICES
| Article 34 (Reporting on, or Authorization for, Terms and Conditions of Use) |
“Facilities-based telecommunications business operator whose telecommunications service turnover of the preceding year reaches or exceeds an amount prescribed by Presidential Decree” in Article 28 (1) of the Act means a facilities-based telecommunications business operator whose sales in the business possessing line equipment exceed 30 billion won or whose sales in the business not possessing line equipment exceed 80 billion won. [This Article Wholly Amended on Dec. 8, 2020]
| Article 35 (Reporting on Terms and Conditions of Use) |
| (1) | A person who intends to file a report (including a report on modification; hereafter the same shall apply in this Article) on service charges and the conditions of use concerning telecommunications services (hereinafter referred to as "terms and conditions of use") pursuant to Article 28 (1) of the Act shall submit the terms and conditions of use in which the following matters are included to the Minister of Science and ICT, along with evidentiary data for the calculation of telecommunications service charges under paragraph (5) of the same Article: |
| 1. | Types and details of telecommunications services; |
| 2. | An area to which telecommunications services are provided; |
| 3. | Telecommunications service charges, including fees and actual costs; |
| 4. | Matters necessary for the responsibilities of telecommunications business operators and users; |
| 5. | Other matters necessary for the provision or use of the relevant telecommunications services. |
| 1. | In any of the following cases where it is highly likely to undermine user interests: |
| (a) | Where the burden of expenses incurred by users increases unfairly, compared to the existing similar rate plans, in a comprehensive consideration of the conditions of use, the amount of services provided, etc. of a rate plan including the conditions of the use of telecommunications services, the amount of services provided, etc. (hereinafter referred to as "rate plan"); |
| (b) | Where a telecommunications business operator unfairly discriminates against users, such as unfairly providing telecommunications services on a discriminatory conditions to a user who has signed or intends to enter a telecommunications service contract for a long term or for a great amount of use, compared to users who do not; |
| (c) | Where a telecommunications business operator restricts, without good cause, the use of telecommunications services and terminal devices by users or the conclusion or termination of a service contract or sets matters regarding the responsibility of and protection for users in an unfairly unfavorable manner; |
| 2. | In any of the following cases where it is deemed highly likely to undermine the fair competition: |
| (a) | Where a telecommunications business operator is likely to exclude other telecommunications business operators, such as the provision of the relevant telecommunications services at a lower service charge compared to the prices for providing wholesale services to other telecommunications business operators under Article 38 of the Act; |
| (b) | Where a facilities-based telecommunications business operator selling telecommunications services in combination with another telecommunications service, broadcasting under Article 2 of the Broadcasting Act, or Internet multimedia broadcasting under Article 2 of the Internet Multimedia Broadcast Services Act (hereinafter referred to as "combined sale") intends to perform any of the following acts against other facilities-based telecommunications business operators who intend to provide the same or similar services through the combined sale: |
| (i) | An act of refusing the provision of equipment, etc. or the joint use of radio communications facilities under the main clause, with the exceptions of the subparagraphs, of Article 35 (2) of the Act or Article 37 (2) of the Act which is necessary for combined sales, or providing the prices therefor in an unfairly discriminative manner; |
| (ii) | An act of refusing the provision of telecommunications services necessary for combined sales or providing the prices therefor in an unfairly discriminative manner, which falls under subparagraph 5 (f) of attached Table 4. |
| (3) | The Minister of Science and ICT may hear opinions from the relevant experts and interested parties, if necessary to determine the return under the main clause of Article 28 (4) of the Act. |
[This Article Wholly Amended on Dec. 8, 2020]
| Article 36 (Objects of Reduction of or Exemption from Charges) |
| (1) | Telecommunications services for which charges may be reduced and exempted pursuant to the main clause of Article 29 of the Act shall be as follows: <Amended on Jun. 25, 2019> |
| 1. | Telecommunications services for communications concerning the saving of human life and property from danger and disaster or for communications of victims of disaster; |
| 2. | Where dedicated line communications of an agency exclusively responsible for affairs concerning military affairs, public peace and order or national security and part of an independent communications network of the State, a local government or public institution under the Act on the Management of Public Institutions are integrated into a telecommunications network of a facilities-based telecommunications business operator, telecommunications services for all or some of dedicated line communications used by such agency; |
| 3. | Telecommunications services for communications necessary for military operations in wartime; |
| 5. | Telecommunications services for communications necessary for the promotion of utilization and diffusion of information communications; |
| 6. | Telecommunications services for communications of persons who require protection to promote social welfare; |
| 7. | Telecommunications services for communications necessary for the promotion of exchange and cooperation between South and North Korea; |
| 8. | Telecommunications services for communications especially necessary for management of postal services. |
| (2) | “Facilities-based telecommunications business operator whose telecommunications service turnover of the preceding year is less than an amount prescribed by Presidential Decree” in the proviso of Article 29 of the Act means a business operator classified as follows: <Newly Inserted on Jun. 25, 2019> |
| 1. | Where he or she operates the business possessing line equipment: A facilities-based telecommunications business operator whose turnover in the business possessing line equipment is less than 30 billion won; |
| 2. | Where he or she operates the business not possessing line equipment: A facilities-based telecommunications business operator whose turnover in the business not possessing line equipment is less than 80 billion won; |
| 3. | Where he or she operates both the business possessing line equipment and the business not possessing line equipment: A facilities-based telecommunications business operator whose turnover in the former is less than 30 billion won and whose turnover in the latter is less than 80 billion won. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 37 (Provision of Transmission and Line Facilities) |
A general wire broadcasting business operator, transmission network business operator or relay wire broadcasting business operator under the Broadcasting Act may provide a facilities-based telecommunications business operator with transmission and line equipment or cable broadcasting equipment (hereinafter referred to as "transmission and line equipment, etc.") by means of any of the followings pursuant to Article 31 (1) of the Act: | 1. | Sale or lease of transmission and line equipment, etc.; |
| 2. | Entrusted provision of telephone call or telephone exchange services by using transmission and line equipment, etc.; |
| 3. | Methods discussed and determined by and between a general wire broadcasting business operator, transmission network business operator or relay wire broadcasting business operator and a facilities-based telecommunications business operator, which apply correspondingly to subparagraphs 1 and 2. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 37-2 (Persons Subject to Evaluation of Affairs Related to Protection of Users) |
| (1) | In evaluating the affairs related to telecommunications business operators' protection of users under Article 32 (2) of the Act, the Korea Communications Commission shall select persons to be evaluated, taking the following matters into consideration comprehensively: |
| 1. | Number of users of each telecommunications service of the telecommunications business operators; |
| 2. | Frequency of occurrence of users' dissatisfaction; |
| 3. | Frequency of occurrence of the acts which undermine users' interests, such as the acts prohibited under Article 50 (1) of the Act. |
| (2) | The Korea Communications Commission shall evaluate the affairs related to telecommunications business operators' protection of users referred to in paragraph (1) each year, in accordance with the following evaluation standards: |
| 1. | Adequacy of management systems for protection of users; |
| 2. | Actual records of compliance with related laws; |
| 3. | Actual records of activities for prevention of damage to users; |
| 4. | Actual records of handling users' opinions or dissatisfaction; |
| 5. | Other matters concerning protection of users. |
| (3) | The Korea Communications Commission may notify in writing an evaluation plan containing the schedule, items, etc. of evaluation to the persons to be evaluated under paragraph (1) at least 10 days prior to the evaluation and order them to submit necessary data. |
| (4) | The Korea Communications Commission shall notify respective persons subject to evaluation of the evaluation results of the affairs under paragraph (2) related to their protection of users and reflect them in the promotion of related policies. |
[This Article Newly Inserted on Apr. 14, 2015]
[Previous Article 37-2 moved to Article 37-4 <Apr. 14, 2015>]
| Article 37-3 (Persons Required to Submit Copies of Contracts and Procedures for Submission) |
| (1) | "Telecommunications business operator prescribed by Presidential Decree" in Article 32 (3) of the Act means a telecommunications business operator who provides facilities-based telecommunications services: Provided, That telecommunications business operators who serve contracts directly on users in accordance with the terms and conditions of use shall be excluded herefrom. |
| (2) | A telecommunications business operator under the main clause of paragraph (1) shall send a copy of a contract by any of the following means selected by the user, within one month from the date the contract is executed under Article 32 (3) of the Act: Provided, That where a user has not selected the method of delivery, it shall be sent in the manner prescribed in subparagraph 1: <Amended on Jan. 5, 2021> |
[This Article Newly Inserted on Apr. 14, 2015]
| Article 37-4 (Prepaid Calling Services and Subscription to Guarantee Insurance Policies) |
| (1) | A facilities-based telecommunications business operator who intends to engage in business providing telecommunications services on a prepaid basis (hereinafter referred to as "prepaid calling services") pursuant to the main clause of Article 32 (4) of the Act shall submit the following data to the Minister of Science and ICT: Provided, That in cases of a business operator not possessing line equipment, he or she shall submit it to the Director General of the Central Radio Management Office: <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017; Jun. 25, 2019> |
| 1. | A copy of a guarantee insurance policy; |
| 2. | Data on the total amount of charges for prepaid calling services (hereinafter referred to as "amount of prepaid calling credit issued") in the relevant year; |
| 3. | Data on methods for using prepaid calling services; |
| 4. | Other data determined and publicly announced by the Minister of Science and ICT, such as guidelines for handling affairs for prepaid calling services and consumer protection. |
| (2) | Each telecommunications business operator who intends to provide prepaid calling services prescribed in paragraph (1) shall observe the following guidelines: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jan. 5, 2021> |
| 1. | He or she shall provide prepaid calling services within the insurance period of a guarantee insurance policy; |
| 2. | In order to provide additional prepaid calling services during the insurance period of a guarantee insurance, he or she shall provide prepaid calling services within the amount of prepaid calling credit issued actually used; |
| 3. | Where he or she intends to change the total amount of prepaid calling credit issued, he or she shall renew a guarantee insurance contract no later than 30 days before he or she changes such amount. In such cases, he or she shall submit a copy of the relevant renewed guarantee insurance policy to the Minister of Science and ICT or the Director General of the Central Radio Management Office within seven days after such renewal; |
| 4. | Where he or she intends to continue to provide services after the period for coverage of a guarantee insurance expires, he or she shall renew the guarantee insurance contract no later than 30 days before the period of coverage expires. In such cases, he or she shall submit data determined by the Minister of Science and ICT, including a statement of financial position, to the Minister of Science and ICT or the Director General of the Central Radio Management Office within seven days after such renewal; |
| 5. | He or she shall take measures necessary to enable users of prepaid calling services to easily understand matters falling under paragraph (1) 3 and 4. |
| (3) | "Amount calculated according to criteria prescribed by Presidential Decree" in the main clause of Article 32 (4) of the Act means an amount calculated according to standards publicly notified by the Minister of Science and ICT, in consideration of capital holdings of a prepaid calling service provider, the amount of prepaid calling credit issued, etc. exceeding 50/100 of the total amount of prepaid calling credit issued. <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017> |
| (4) | "Cases prescribed by Presidential Decree" in the proviso of Article 32 (4) of the Act means any of the following cases: <Amended on Apr. 14, 2015; Dec. 8, 2020> |
| 1. | Where the average annual sales of telecommunications services provided by a telecommunications business operator during the last three years exceed 30 billion won; |
| 2. | Where the total amount of prepaid calling credit issued is not more than 10/100 of the sales of telecommunications services provided by a telecommunications business operator in the preceding year; |
| 3. | Where prepaid calling services have not been suspended or closed during the last three years. |
| (5) | Where the insured receives insurance proceeds, he or she shall pay such proceeds to users within 60 days after the date of receipt pursuant to Article 32 (6) of the Act. In such cases, if the amount payable exceeds proceeds, he or she may pay them to users by dividing them proportionally based on the amount of a loss. <Amended on Apr. 14, 2015; Dec. 8, 2020; Jan. 5, 2021> |
| (6) | Except as provided in paragraphs (2) and (5), the standards, procedures, and methods for dealing with affairs related to a guarantee insurance and insurance proceeds shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
[Moved from Article 37-2 <Apr. 14, 2015>]
| Article 37-5 (Details of Notification of Procedures for Raising Objections and Methods Thereof) |
| (1) | A telecommunications business operator, in receipt of an order to suspend the provision of telecommunications services from the Minister of Science and ICT under Article 32-3 (1) of the Act, shall notify the following matters to the user of the relevant telecommunications services under Article 32-3 (2) of the Act: <Amended on Jul. 6, 2016; Jul. 28, 2016; Jul. 26, 2017> |
| 1. | Administrative agency requesting the suspension of the relevant telecommunications services, department in charge, and telephone number; |
| 2. | Grounds for suspending the relevant telecommunications services; |
| 3. | Period and procedures for raising an objection, classified as follows: |
| (2) | In accordance with Article 32-3 (3) of the Act, a telecommunications business operator shall notify the procedures for raising objections prescribed in paragraph (1) to the user of the relevant telecommunication services by any of the following means: <Amended on Jan. 5, 2021> |
| 3. | Telephone or text messages. |
[This Article Newly Inserted on Apr. 14, 2015]
| Article 37-6 (Verification of Principal When Entering into Contracts) |
| (2) | A mobile communications business operator under paragraph (1) shall verify that the counterparty to a contract is the principal, through any of the following certificates and documents submitted by the counterparty (including legal representatives; hereafter the same shall apply in this Article) under Article 32-4 (3) and (4) of the Act. In such cases, where any contract is entered into through an information communications network, such verification may be used in lieu of the verification made through a digital signature (limited to the one that can identify the real name of a signer) defined in subparagraph 2 of Article 2 of the Digital Signature Act: <Amended on Dec. 8, 2020> |
| 1. | An individual person: Resident registration certificate, driver's license, registration certificate of the disabled, certificate of a person of distinguished service to the State, certificate of a person of distinguished service to independence, certificate of a person of distinguished service to the May 18 democratization movement, or passport of the Republic of Korea; |
| 2. | A corporation: Business registration certificate or certificate of identification number; |
| 3. | An unincorporated organization: Certificate of identification number; |
| 4. | A foreigner or a Korean citizen residing abroad: Alien registration certificate, resident registration certificate, certificate of a report on domestic place of residence, or passport. |
| (3) | A telecommunications business operator under paragraph (1) shall verify the authenticity of the certificates and documents referred to in the subparagraphs of paragraph (2) through an illegal contracting prevention system referred to in subparagraphs of Article 32-5 (1) of the Act (hereinafter referred to as "illegal contracting prevention system"). |
| (4) | Notwithstanding paragraphs (2) and (3), where the counterparty to a contract is unable to submit any certificate or document prescribed in the subparagraphs of paragraph (2) or it is impracticable to verify the authenticity of a certificate or document prescribed in subparagraphs of paragraph (2) through an illegal contracting prevention system, a telecommunications business operator under paragraph (1) shall verify that the counterparty to the contract is the principal by means of a certificate, etc. prescribed by the relevant telecommunications business operator in the terms and conditions of the use as a certificate or document corresponding to that prescribed in the subparagraphs of paragraph (2). |
[This Article Newly Inserted on Apr. 14, 2015]
| Article 37-7 (Outsourcing of Affairs Related to Establishment of Illegal Contracting Prevention System) |
| (2) | The Minister of Science and ICT may grant a subsidy to cover the expenses incurred in performing the affairs outsourced under paragraph (1). <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Apr. 14, 2015]
| Article 37-8 (Telecommunications Business Operators Required to Provide Services for Prevention of Illegal Use of Third Person's Name) |
[This Article Newly Inserted on Jun. 11, 2019]
[Previous Article 37-8 moved to Article 37-9 <Jun. 11, 2019>]
| Article 37-9 (Methods of and Procedures for Block of Media Products Harmful to Youths) |
| (1) | Under Article 32-7 (1) of the Act, a telecommunications business operator who enters into a contract with a youth for the provision of telecommunications services shall provide means, such as software, to block media products harmful to youth defined in subparagraph 3 of Article 2 of the Youth Protection Act and information with an obscene content (hereinafter referred to as "media products, etc. harmful to youths") from the mobile communications terminal of the relevant youth, in order to block the relevant youth's access to such media products, etc. harmful to youths through telecommunications services. |
| (2) | Means of blocking media products shall be provided under paragraph (1) in accordance with the following procedures: |
| 1. | At the time of concluding a contract: |
| (a) | Notification of the types and details, etc. of means of blocking to a youth and his or her legal representative; |
| (b) | Verification as to whether the means of blocking have been installed; |
| 2. | After concluding a contract: Where the means of blocking are deleted or fail to operate for at least 15 days, such fact shall be notified to the legal representative every month. |
[This Article Newly Inserted on Apr. 14, 2015]
[Moved from Article 37-8 <Jun. 11, 2019>]
| Article 37-10 (Public Notice of Provision of Economic Benefits) |
| (1) | A facilities-based telecommunications business operator shall notify users of the following matters concerning economic benefits pursuant to Article 32-9 (2) of the Act: |
| 1. | Matters necessary to use economic benefits, such as the method of accumulating and using the benefits, scope of use, and period of validity: |
| 2. | Major details of economic benefits, such as points accumulated, used, extinguished, and usable. |
| (2) | A facilities-based telecommunications business operator shall notify users of the matters specified in paragraph (1) by the following methods. In such cases, where a facilities-based telecommunications business operator notifies users thereof by a method specified in subparagraph 2 or 3, he or she shall include the address of the website where they can verify the details thereof: |
| 1. | Providing the information through the relevant website regularly; |
| 2. | Providing the information on matters specified in paragraph (1) 2 by monthly bills; |
| 3. | Providing the information on usable points by text message quarterly, if the usable points are at least equivalent to 1,000 won and no history of use exists within the last year. |
[This Article Newly Inserted on Jun. 11, 2019]
| Article 37-11 (Notice of Suspension of Provision of Telecommunications Services) |
| (1) | Where the provision of telecommunications services has been suspended, a telecommunications business operator shall notify, without delay, users of the suspension of the provision thereof, the cause of the suspension, status of responsive measures taken, contact information on receipt of relevant consultations, etc. under Article 33 (2) of the Act: Provided, That this shall not apply to any of the following cases: |
| 1. | Where the provision of telecommunications services has been suspended to replace telecommunications equipment or to improve services, within the scope of a prior notice given; |
| 2. | Where the provision of telecommunications services has been suspended due to a failure in telecommunications line equipment of a facilities-based telecommunications business operator; |
| 3. | Where the provision of any of the following value-added telecommunications services has been suspended: |
| (a) | Value-added telecommunications services provided by a person whose telecommunications service turnover of the preceding year is less than 10 billion won; |
| (b) | Value-added telecommunications services of which the average daily number of users in the three months immediately before the end of the preceding year is less than 1 million; |
| 4. | Where the provision of telecommunications services, which are provided to users without usage fees paid monthly or at a certain time, has been suspended; |
| 5. | Where the provision of telecommunications services has been suspended for not more than two hours (four hours in cases of value-added telecommunications services) because any of the following cases has occurred due to unexpected extenuating circumstances: Provided, That this shall not apply where the provision of telecommunications services has been suspended due to failures or errors of important communications facilities (referring to facilities designated as broadcasting communications facilities specified in Article 35 (2) 1 of the Framework Act on Broadcasting Communications Development according to a master plan for the management of disasters in broadcasting communications formulated pursuant to Article 35 (1) of the same Act): |
| (a) | Where the use of telecommunications services is excessively concentrated; |
| (b) | Where a telecommunications equipment failure or error occurs; |
| (2) | Where the provision of telecommunications services has been suspended, a telecommunications business operator shall notify users of the following matters within 30 days from the date the provision of telecommunications services is resumed or the cause of a failure is removed, pursuant to Article 33 (2) of the Act: Provided, That this shall not apply where such suspension falls under paragraph (1) 1 through 5: |
| 1. | A person entitled to claim compensation; |
| 2. | The standards for compensating for damage; |
| 3. | The procedures and method for compensating for damage. |
| (3) | Where a telecommunications business operator gives notice under paragraph (1) or (2), he or she shall do so by at least one of the following methods: Provided, That where it is impracticable to give notice of the suspension of the provision of telecommunications services using telecommunications equipment, a telecommunications business operator shall notify the media of such suspension without delay and then immediately give notice thereof under paragraph (1), with the exception of the subparagraphs, if it becomes possible to give notice by each of the following methods: |
| 2. | Using mobile telephone text messages; |
| 3. | Posting such suspension on the relevant website or on the connection screen of an application, etc. used in a mobile communication terminal device. |
| (4) | Where a telecommunications business operator has predetermined a separate method of giving notice when concluding a contract with users, he or she may use such method, notwithstanding paragraph (3). |
[This Article Newly Inserted on Jun. 25, 2019]
CHAPTER IV PROMOTION OF COMPETITION BETWEEN TELECOMMUNICATIONS BUSINESSES
| Article 38 (Criteria, Procedures, and Methods for Evaluation of Competition) |
| (1) | Where the Minister of Science and ICT demarcates a unit market to evaluate the conditions of competition prescribed in Article 34 (2) of the Act, he or she shall consider all the following matters: <Amended on May 31, 2013; Dec. 8, 2020> |
| 1. | Substitutability of demand or substitutability of supply of services; |
| 2. | The geographical range for providing services; |
| 3. | Transaction stages for providing services, such as retail (referring to a transaction between a telecommunications business operator and the end users of services provided by such telecommunications business operator), wholesale (referring to a transaction providing other telecommunications business operators with telecommunications equipment installed to provide retail services), etc.; |
| 4. | Traits of users, such as differences in purchasing power and bargaining power or peculiarity of demand. |
| (2) | The Korea Communications Commission shall evaluate the conditions of competition intended for a unit market demarcated pursuant to paragraph (1), comprehensively taking all of the following matters into consideration: |
| 1. | Market structure, such as a market share and barriers to entry; |
| 2. | Countermeasures of users, such as easiness of collecting information on the use of services and easiness of changing a service provider; |
| 3. | Acts committed by a telecommunications business operator, such as the degree of competition in charges or quality, and degree of technical innovation; |
| 4. | Market performance, such as the level of charges or quality, and the size of excess profits of a telecommunications business operator. |
| (3) | Where the Minister of Science and ICT deems it necessary to conduct an evaluation of competition, he or she may hear opinions of the relevant experts and interested persons. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 38-2 (Subject Matters and Details of Fact-Finding Surveys of Value-Added Telecommunications Business) |
| (1) | The subject matters of a fact-finding survey to identify the current status of value-added telecommunications business under Article 34-2 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as follows: |
| 3. | A person who is deemed to have filed a report on value-added telecommunications business pursuant to Article 22 (4) of the Act. |
| (2) | The details of a fact-finding survey shall be as follows: |
| 1. | General status, such as business registration number, the name of the representative, trade name or title, and the location of the main office; |
| 2. | Financial status, such as capital, sales, and operating incomes; |
| 3. | Current status of and demand for human resources, such as the number of employees and the number of persons to be employed; |
| 4. | Current status of research and development or technologies, including research and development expenses, the number of intellectual property rights, and a plan for utilizing new technology; |
| 5. | Current status of the provision of value-added telecommunications services, such as the details of services provided, the number of service users, the number of transactions, and transaction amounts; |
| 6. | Current status of the protection and use of data, such as the types of data collected according to the provision of value-added telecommunications services and the types of use of data collected; |
| 7. | Current status of the competition in value-added telecommunications services, including market share, and company acquisition and mergers; |
| 8. | Other matters deemed by the Minister of Science and ICT as necessary to identify the current status of value-added telecommunications business. |
| (3) | The Minister of Science and ICT shall conduct a fact-finding survey once each year. |
| (4) | Where the Minister of Science and ICT intends to conduct a fact-finding survey, he or she shall formulate a plan for fact-finding survey, including the purpose and subjects of the fact-finding survey, the standards for selecting the subjects, and the details, methods, period, etc. thereof, and shall inform persons subject to the fact-finding survey in writing no later than 30 days before commencing such fact-finding survey. |
| (5) | Before conducting a fact-finding survey, the Minister of Science and ICT shall hear in advance opinions from the relevant experts and interested parties. |
| (6) | A fact-finding survey shall be conducted through an interview, field survey, document survey, statistical survey, literature survey, etc. and may be conducted through the information and communications networks or electronically, such as via electronic mails, if necessary for conducting the survey efficiently. |
| (7) | The Minister of Science and ICT may request necessary data from the heads of the relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), companies, research institutes, or other public institutions or organizations. |
[This Article Newly Inserted on Apr. 6, 2021]
| Article 39 (Standards for Facilities-Based Telecommunications Business Operators) |
| (1) | "Facilities-based telecommunications business operator who meets the standards prescribed by Presidential Decree" in Articles 35 (2) 3, 39 (3) 2, 41 (3) 2 and 42 (3) 2 of the Act means a facilities-based telecommunications business operator determined and publicly notified by the Minister of Science and ICT in consideration of the market size, the number of users, the conditions of competition, etc., whose market share based on the turnover of the preceding year is the highest in a unit market demarcated pursuant to Article 38. <Amended on May 31, 2013; May 8, 2017; Jul. 26, 2017> |
| (2) | A facility management authority under Article 35 (2) 3 of the Act means a facility management authority which has equipment, etc. (hereinafter referred to as "equipment, etc.") under Article 35 (1) of the Act, or sales realized by providing equipment, etc. in the preceding year exceeding the standards publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 39-2 (Procedures for Installation of Equipment) |
| (1) | When a telecommunications business operator who is provided with equipment, etc. by entering into an agreement referred to in Article 35 (1) of the Act pursuant to the former part of Article 35 (4) of the Act (hereafter referred to as "using business operator" in this Article) intends to install any apparatus enhancing the efficiency of the relevant equipment, etc., he or she shall notify to the facilities-based telecommunications business operator or the facility management authority that provides the relevant equipment, etc. (hereafter referred to as "providing business operator" in this Article) of the following matters, no later than one day before the scheduled date of the installation of the apparatus: |
| 1. | The types, specifications and quantity of the apparatus; |
| 2. | Place where the apparatus is to be installed and the period during which the apparatus will remain installed; |
| 3. | Other necessary matters in connection with the installation of the apparatus. |
| (2) | Any using business operator who has installed any apparatus pursuant to paragraph (1) shall remove the apparatus within 30 days from the termination date of the agreement referred to in Article 35 (1) of the Act or the termination date of the period during which it has remained installed. |
| (3) | Where the period for notification and matters to be notified for the installation of apparatus, or the period, etc. for the removal of apparatus are separately determined through consultations between a using business operator and a providing business operator, such agreement shall apply notwithstanding paragraphs (1) and (2). |
[This Article Newly Inserted on Jul. 20, 2015]
[Previous Article 39-2 moved to Article 39-3 <Jul. 20, 2015>]
| Article 39-3 Deleted. <May 31, 2016> |
| Article 39-4 (Composition and Operation of Council for Maintenance of Aerial Cables) |
| (1) | The Council for Maintenance of Aerial Cables referred to in the latter part of Article 35-2 (2) of the Act (hereafter referred to as the "Maintenance Council" in this Article and Article 39-5) shall be comprised of not more than 15 members, including one chairperson. |
| (2) | The Second Vice Minister of the Ministry of Science and ICT shall be the chairperson of the Maintenance Council (hereafter referred to as the "chairperson" in this Article and Article 39-5), and the members of the Maintenance Council (hereafter referred to as "members" in this Article) shall be appointed or commissioned by the Minister of Science and ICT from among the following persons: <Amended on Jul. 26, 2017> |
| 1. | A public official in general service belonging to the Senior Executive Service of the Ministry of Science and ICT; |
| 2. | Public officials in general service belonging to the Senior Executive Service of the Ministry of Trade, Industry and Energy and the Ministry of Land, Infrastructure and Transport, appointed respectively by the heads of the agencies to which they belong; |
| 3. | Public officials of Grade III or higher belonging to a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province, appointed respectively by the heads of the agencies to which they belong; |
| 4. | Persons with extensive expertise and experience in the maintenance of aerial cables, among persons belonging to telecommunications business operators, facility management institutions, or organizations related to the maintenance of aerial cables; |
| 5. | Other persons with extensive expertise and experience in urban beautification and maintenance of aerial cables. |
| (3) | The term of office of the members referred to in paragraph (2) 4 and 5 shall be two years, and the consecutive appointment may be permitted only once. |
| (4) | The chairperson shall represent the Maintenance Council and exercise the overall control of its affairs: Provided, That if the chairperson is unable to perform his or her duties in any extenuating circumstance, a member predesignated by the chairperson shall act on behalf of the chairperson. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the Maintenance Council shall be prescribed by the chairperson, following resolution of the maintenance commission. |
[This Article Newly Inserted on Jul. 20, 2015]
| Article 39-5 (Functions of Maintenance Council) |
| (1) | The Maintenance Council shall deliberate on the following matters: |
| 1. | Matters concerning the basic direction-setting and policies for the maintenance of aerial cables; |
| 2. | Matters concerning the mid- and long-term plans for the maintenance of aerial cables; |
| 3. | Matters concerning the formulation of an annual maintenance plan for aerial cables (referring to the maintenance plan for aerial cables referred to in Article 35-2 (2) of the Act; hereinafter referred to as "maintenance plan"); |
| 4. | Matters concerning the improvement of the maintenance system of aerial cables; |
| 5. | Matters concerning the inspection and evaluation of status of promoting the maintenance of aerial cables; |
| 6. | Other matters that the chairperson deems necessary and refers to the deliberation for the efficient promotion of the maintenance of aerial cables. |
| (2) | Where necessary to deliberate on the matters set forth in the subparagraphs of paragraph (1), the Maintenance Council may hear opinions of the heads of central administrative agencies, heads of local governments, telecommunications business operators, facility maintenance authorities, experts, etc. related to the relevant matter. |
[This Article Newly Inserted on Jul. 20, 2015]
| Article 39-6 (Sharing Expenses for Maintenance of Aerial Cables) |
A telecommunications business operator and a facility management authority shall bear expenses incurred in relation to maintenance of equipment, etc. of its own, among the expenses incurred to implement the maintenance plan pursuant to Article 35-2 (3) of the Act. [This Article Newly Inserted on Jul. 20, 2015]
| Article 39-7 (Standards for Mandatory Wholesale Services) |
| (1) | "Telecommunications services provided by a facilities-based telecommunications business operator who satisfies the standards determined by Presidential Decree" in the latter part of Article 38 (2) of the Act means facilities-based telecommunications services determined and publicly notified by the Minister of Science and ICT in consideration of the market size, the number of users, the conditions of competition, etc., from among telecommunications business services provided by an operator who has the largest market share based on the turnover of the preceding year in a unit market demarcated pursuant to Article 38. <Amended on Mar. 23, 2013; May 31, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall determine and publicly notify telecommunications services provided by a facilities-based telecommunications business operator prescribed in paragraph (1) by December 31 every year. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
[Moved from Article 39-3 <Jul. 20, 2015>]
| Article 40 (Reporting on Agreements on Interconnection) |
| (1) | Any person who intends to make a report, report on modification or report on cancellation of the conclusion of an agreement on the provision of wholesale service, the provision, common utilization, interconnection or common use of equipment, etc. or the provision of information, or to obtain authorization, authorization for modification or authorization for cancellation thereof pursuant to Articles 38 (5) and 44 (1) through (3) of the Act shall submit the following documents to the Minister of Science and ICT: Provided, That in cases of a report on cancellation or authorization for cancellation, he or she shall submit documents referred to in subparagraphs 1 and 6 only: <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017> |
| 1. | A copy of an agreement; |
| 2. | Documents in which the amount that the party to an agreement should pay or receive and a method of settlement of accounts thereof and a method of the execution of an agreement are entered; |
| 3. | Documents in which the conditions of the provision of wholesale service, the provision, common utilization, interconnection or common use of equipment, etc. or the provision of information, and other expenses incurred in relation to an agreement are specified; |
| 4. | Drawings indicating the summary (including an access network diagram, locations of access points, etc.) of the provision of wholesale service, the provision, common utilization, interconnection or common use of equipment, etc. or the provision of information; |
| 5. | Documents comparing a new agreement with a former agreement (only applicable to cases where he or she applies for a report on modification or authorization for modification); |
| 6. | Documents proving a fact of cancellation (including electronic documents). |
| (2) | When the Minister of Science and ICT receives documents prescribed in paragraph (1), he or she shall examine whether the details thereof meet standards for the provision of equipment, etc., common utilization, the provision of wholesale service, interconnection or common use, or the provision of information prescribed in Article 35 (3), 37 (3), 38 (4), 39 (2), 41 (2) or 42 (2) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | A facilities-based telecommunications business operator who has obtained authorization for the conclusion of an agreement, authorization for modification thereof or authorization for the cancellation thereof pursuant to Article 44 (2) of the Act or who has filed a report on the conclusion of an agreement, a report on modification thereof or a report on the cancellation thereof pursuant to Article 44 (3) of the Act shall announce the details thereof on the Internet website of the relevant business operator. <Amended on Apr. 14, 2015> |
| (4) | When the Minister of Science and ICT receives documents prescribed in paragraph (1) pursuant to Article 65 (3) of the Act, he or she shall examine whether the details thereof meet standards prescribed in Article 35 (3) of the Act and private communications equipment provided have been installed for the applicant's own use for telecommunications. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 40-2 (Provision of Information on Standards for Telecommunications Services) |
| (1) | Telecommunications services subject to the provision of information on standards referred to in Article 42 (5) of the Act shall be as follows: <Amended on Jul. 26, 2017> |
| 1. | Voice and video call services (including voice call service through LTE communications networks); |
| 2. | Short and multimedia message services (including short and multimedia message services based on the Internet protocol multimedia system); |
| 3. | Emergency calling service; |
| 4. | Caller ID display service, caller ID restriction service, call forwarding service, call hold service, and call waiting service; |
| 5. | Other telecommunications services, for which information on standards is necessary for the manufacturing, import, distribution or sales of communications terminal devices under Article 42 (5) of the Act, which are determined and publicly notified by the Minister of Science and ICT. |
| (2) | A request for the provision of information on standards for telecommunications services under Article 42 (5) of the Act (hereafter referred to as "standards information" in this Article) shall be made by a document stating the following matters: |
| 1. | The name (referring to the name of a relevant corporation, in cases of corporations) and address of a person who requests the provision of standards information; |
| 2. | The scope, purpose of use, and provision timing of standards information. |
| (3) | A facilities-based telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall provide the requested standards information within seven days from the date on which he or she receives a request under paragraph (2): Provided, That in extenuating circumstances, he or she may provide the information within 30 days from the date of receipt of such request, informing the requester of a reason for delay in advance. |
| (4) | Standards information shall be provided in compliance with a method agreed upon and determined by the relevant parties, such as online transmission and sending a booklet. |
[This Article Newly Inserted on Jan. 7, 2014]
[Moved from Article 40-4; previous Article 40-2 moved to Article 40-3 <Jun. 11, 2019>]
| Article 40-3 (Application for Adjudication) |
| (1) | A person who intends to apply for adjudication pursuant to Article 45 (1) of the Act shall submit an application for adjudication to the Korea Communications Commission, along with the following documents: Provided, That he or she shall submit documents specified in subparagraph 3 only when an application for adjudication relates to the implementation of an agreement or to compensation for damage concerning the provision of equipment, etc., common utilization, the provision of wholesale service, interconnection, common use, or the provision, etc. of information: <Amended on Jun. 11, 2019> |
| 1. | Documents on the summary of an application for adjudication; |
| 2. | Documents related to the progress of consultation between the relevant parties; |
| 3. | Documents provided for in the subparagraphs of Article 40 (1). |
| (2) | Where the Korea Communications Commission finds that an application falls under any of the following as a result of the examination of the application and attached documents under paragraph (1), it may request an applicant to supplement documents within an appropriate period fixed: |
| 1. | Where accompanying documents are incomplete; |
| 2. | Where matters to be mentioned in an application and accompanying documents are unclear. |
| (3) | Where an applicant fails to supplement application documents by the deadline under paragraph (2), the Korea Communications Commission shall return them with a clear statement as to such grounds. |
[This Article Wholly Amended on Feb. 28, 2012]
[Moved from Article 40-2; previous Article 40-3 moved to Article 40-4 <Jun. 11, 2019>]
| (1) | The Korea Communications Commission shall make adjudication in writing. |
| (2) | The Korea Communications Commission shall state the main text and the grounds therefor, and the date of adjudication in an award under paragraph (1), and serve the relevant parties with the award after its chairperson and members attending a meeting affix their signs and signatures. |
[This Article Wholly Amended on Feb. 28, 2012]
[Moved from Article 40-3; previous Article 40-4 moved to Article 40-5 <Jun. 11, 2019>]
| Article 40-5 (Composition and Operation of Communications Dispute Mediation Committee) |
| (1) | Members of the Communications Dispute Mediation Committee established pursuant to Article 45-2 (1) of the Act (hereinafter referred to as the "Dispute Mediation Committee") shall be part-time members. |
| (2) | Where office held by a member of the Dispute Mediation Committee is vacated, the Chairperson of the Korea Communications Commission shall commission a member for filling a vacancy pursuant to Article 45-2 (3) of the Act. In such cases, the term of office of the member commissioned for filling a vacancy shall be the remaining term of his or her predecessor. |
| (3) | The Chairperson of the Dispute Mediation Committee shall represent the Committee and exercise general supervision over the affairs of the Committee. |
| (4) | Where the Chairperson of the Dispute Mediation Committee is unable to perform his or her duties due to extenuating circumstances, a person appointed by the Chairperson of the Korea Communications Commission shall act for the Chairperson. |
| (5) | The Chairperson of the Dispute Mediation Committee shall convene and preside over the meetings of the Committee if requested by at least 1/3 of all incumbent members or if deemed necessary by the Chairperson of the Committee. |
| (6) | A majority of the members of the Dispute Mediation Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (7) | If necessary to efficiently conduct the affairs of the Dispute Medication Committee, subcommittees may be established. |
| (8) | Allowances may be provided, and travel expenses reimbursed, within budgetary limits to members who attend a meeting of the Dispute Medication Committee or a subcommittee: Provided, That this shall not apply where a member who is a public official attends a meeting in direct relation to his or her duties. |
[This Article Newly Inserted on Jun. 11, 2019]
| Article 40-6 (Application for Dispute Mediation) |
| (1) | A person who intends to file an application for dispute mediation pursuant to Article 45-5 (1) of the Act shall submit to the Dispute Mediation Committee a document stating the following matters (including submission by electronic document): |
| 1. | Names and addresses of the applicant and respondent (referring to the name of the relevant corporation, the location of the main office, the name and address of the representative, if the party is a corporation); |
| 2. | Name and address of an agent, if any; |
| 3. | Purport and reason of application. |
| (2) | The document referred to in paragraph (1) shall be accompanied by the following documents: |
| 1. | A document verifying the cause of application for dispute mediation as well as the facts; |
| 2. | The power of delegation if the application is filed by an agent; |
| 3. | Other evidentiary documents or materials necessary for dispute mediation. |
| (3) | Where an application for dispute mediation filed under paragraph (1) is deemed incomplete, the Dispute Mediation Committee shall require the application to be supplemented within a reasonable period. In such cases, the period for supplementing the application shall not be included in the period referred to in Article 45-5 (6) of the Act. |
| (4) | The Dispute Mediation Committee shall notify, without delay, the parties of the receipt date of an application filed under paragraph (1), case number, etc. and shall record the parties and details of the relevant dispute in the register. |
[This Article Newly Inserted on Jun. 11, 2019]
| Article 40-7 (Selection of Representatives) |
| (1) | Where multiple parties jointly apply for dispute mediation, they may select not more than three representatives from among the applicants. |
| (2) | Where persons who have jointly applied for dispute mediation fail to select any representative under paragraph (1), the Chairperson of the Dispute Mediation Committee may recommend them to select one. |
| (3) | Where applicants select or replace a representative, they shall notify the Chairperson of the Dispute Mediation Committee of such fact without delay. |
[This Article Newly Inserted on Jun. 11, 2019]
| Article 40-8 (Succession to Status of Party to Dispute) |
| (1) | Where it is impracticable to proceed with mediation procedures because a party dies or loses his or her capacity or any other cause arises before the mediation procedures are completed, the Dispute Mediation Committee may have a person, who has succeeded to his or her status pursuant to relevant statutes and regulations, succeed to the status of the party. |
| (2) | A person who intends to succeed to the status of a party pursuant to paragraph (1) shall file an application for succession to the status in writing with the Dispute Mediation Committee. |
| (3) | Upon receipt of an application under paragraph (2), the Dispute Mediation Committee shall examine it without delay and determine whether to permit the succession, and shall notify the applicant of the details of the determination in writing. |
[This Article Newly Inserted on Jun. 11, 2019]
| Article 40-9 (Hearing Opinions of Parties) |
| (1) | Where it is deemed necessary to hear opinions of the parties or any interested persons, the Dispute Mediation Committee may request them to attend a meeting to state their opinions. |
| (2) | Where the Dispute Mediation Committee intends to hear opinions pursuant to paragraph (1), it shall notify the parties or interested persons of the time and venue of a meeting seven days prior to hearing their opinions, except in emergencies. |
| (3) | The parties or interested persons in receipt of notice under paragraph (2) may submit, in advance, their opinions in writing (including electronic documents) if extenuating circumstances exist where they are unable to attend the meeting. |
| (4) | A person who intends to state his or her opinion upon request under paragraph (1) or pursuant to Article 45-5 (3) of the Act may have his or her agent attend the relevant meeting to state opinion on his or her behalf. |
[This Article Newly Inserted on Jun. 11, 2019]
| Article 40-10 (Disclosure of Procedures) |
The procedures for, and results of, mediation by the Dispute Mediation Committee shall not be disclosed: Provided, That the results of mediation may be fully or partially disclosed if deemed necessary by the Dispute Mediation Committee.
[This Article Newly Inserted on Jun. 11, 2019]
| Article 40-11 (Detailed Operation Rules) |
Except as provided in Articles 40-5 through 40-10, matters necessary for organizing, operating, etc. the Dispute Mediation Committee as well as matters necessary for establishing, operating, etc. subcommittees shall be determined by the Chairperson of the Dispute Mediation Committee by a resolution of the Committee. [This Article Newly Inserted on Jun. 11, 2019]
| Article 41 (Reporting of Prohibited Acts) |
| (1) | If it is recognized that a prohibited act (hereinafter referred to as "prohibited act") under Article 50 (1) of the Act has been committed, any person may report such fact to the Korea Communications Commission and request it to take measures falling under any of the subparagraphs of Article 52 (1) of the Act. |
| (2) | A person who intends to make a report under paragraph (1) shall submit documents in which the following are stated to the Korea Communications Commission: |
| 1. | The name (the name of a corporation and name of the representative in cases of a corporation) and address of a reporter; |
| 2. | The trade name or title (the name of the representative in cases of a corporation) and address of a person reported; |
| 3. | Details of a prohibited act; |
| 4. | Measures necessary for correction of a prohibited act. |
| (3) | Where the Korea Communications Commission deems that it is necessary to supplement reporting documents submitted pursuant to paragraph (2), it may request a reporter to supplement such documents within an appropriate period fixed. |
| (4) | Detailed matters necessary for procedures and methods for dealing with a violation of a prohibited act, such as reporting and supplementation of documents under the provisions of paragraphs (1) through (3), shall be determined and publicly notified by the Korea Communications Commission. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 42 (Types of and Standards for Prohibited Acts) |
| (2) | Where the Korea Communications Commission deems it necessary to apply to specific telecommunications areas or specific prohibited acts, it may set and publicly notify detailed standards for types of and standards for prohibited acts under paragraph (1). |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 43 Deleted. <Oct. 1, 2010> |
| Article 44 (Measures against Prohibited Acts) |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 44-2 (Methods of Issuing Public Notice of Corrective Order) |
Details of public notice of a corrective order given under Article 52 (1) 7 of the Act and matters necessary for the methods of issuing such notice shall be determined and publicly notified by the Korea Communications Commission. [This Article Newly Inserted on Oct. 1, 2010]
| Article 45 (Period for Execution of Corrective Orders) |
A period during which a telecommunications business operator should execute a corrective order issued by the Korea Communications Commission pursuant to Article 52 (2) of the Act shall be as specified in attached Table 5. [This Article Wholly Amended on Feb. 28, 2012]
| Article 45-2 (Standards and Procedures for Issuance of Orders to Suspend Part of Business) |
| (1) | The standards for the issuance of orders to suspend part of business prescribed in Article 52 (5) of the Act shall be as specified in attached Table 5-2. |
| (2) | Upon issuing an order to suspend part of business prescribed in Article 52 (5) of the Act, the Korea Communications Commission shall notify the relevant telecommunications business operator of such fact in writing without delay, and publicly notify such fact. |
[This Article Newly Inserted on Jul. 28, 2016]
| Article 45-3 (Imposition of Charges for Compelling Compliance) |
| (1) | The sales amount referred to in Article 52-2 (1) of the Act shall be the sales amount of services directly or indirectly affected by a violation committed in violation of Article 50 (1) of the Act during the period the relevant violation has been committed by the relevant telecommunications business operator (hereinafter referred to as "relevant sales amount"). |
| (2) | Where a person subject to imposition of a charge for compelling compliance prescribed in Article 52-2 (1) intends to raise an objection to imposition of such charge, he or she shall do so within 30 days from the date the notification of imposition of the charge for compelling compliance under paragraph (1) is received. |
| (3) | Article 49 shall apply mutatis mutandis to the procedures for demanding a charge for compelling compliance. In such cases, "penalty surcharge in arrears" shall be deemed "charge for compelling compliance in arrears". |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the calculation of the relevant sales amount and the imposition of a charge for compelling compliance shall be determined and publicly notified by the Korea Communications Commission. |
[This Article Newly Inserted on Jul. 28, 2016]
| Article 46 (Violations Subject to Penalty Surcharges and Amount of Penalty Surcharges) |
| (1) | The maximum amount of the imposition and standards for the calculation of penalty surcharges for each type of violations on which a penalty surcharge is imposed pursuant to Article 53 (1) of the Act shall be as specified in attached Table 6. |
| (2) | The maximum amount of the imposition and standards for the calculation of penalty surcharges for each type of violations on which a penalty surcharge is imposed pursuant to Article 53 (2) of the Act shall be as specified in attached Table 7. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 47 (Methods of and Procedures for Calculating Penalty Surcharges) |
| (1) | "Sales prescribed by Presidential Decree" in the former part of the main clause of Article 53 (1) of the Act means the average annual sales of telecommunications services related to a prohibited act of the relevant telecommunication business operator during the immediately preceding three business years, and "sales prescribed by Presidential Decree" in Article 53 (2), with the exception of the subparagraphs, of the Act means the average annual sales of telecommunications services related to the violation of accounting during the immediately preceding three business years: Provided, That where three years have not passed after he or she commenced a business as of the first day of the relevant business year, it means the amount of sales by the end of the preceding business year after commencing such business, which has been converted into the average annual sales, and where he or she commences a business in the relevant business year, it means the amount of sales realized from the date of commencing a business until the date he or she commits a violation, which has been converted into the average annual sales. |
| 1. | Where a telecommunications business operator fails to commence business or has no business performance due to the suspension of business, etc.; |
| 2. | Where it is impracticable to calculate the objective sales. |
| (3) | Where necessary to calculate sales amount referred to in the former part of Article 53 (1) of the Act, the Korea Communications Commission may request the relevant telecommunications business operator to submit data on accounting and current business state, fixing a period not exceeding 20 days. <Newly Inserted on Jul. 28, 2016> |
[This Article Wholly Amended on Feb. 28, 2012]
[Title Amended on Jul. 28, 2016]
| Article 48 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where the Minister of Science and ICT or the Korea Communications Commission intends to impose a penalty surcharge pursuant to Article 53 of the Act, he or she or it shall inspect and confirm the relevant violation and notify a person subject to imposition of a penalty surcharge in writing, by specifying a violation, the amount imposed, a method for raising an objection, a period for raising an objection, etc., and requesting him or her to pay such penalty surcharge. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A person notified pursuant to paragraph (1) shall pay a penalty surcharge to a financial institution, etc. designated by the Minister of Science and ICT or the Korea Communications Commission within 20 days from the date of receipt of such notification: Provided, That where he or she is unable to pay a penalty surcharge within that period due to force majeure or other unavoidable reasons, he or she shall pay the penalty surcharge within seven days from the date on which such reasons cease to exist. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | A financial institution, etc. to which a penalty surcharge has been paid pursuant to paragraph (2), shall issue a receipt to a person who paid such penalty surcharge. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 49 (Demand for Payment of Penalty Surcharges) |
| (1) | A demand for payment under Article 53 (6) of the Act shall be made in writing within seven days after the deadline for payment has passed. |
| (2) | Where a letter of demand is issued pursuant to paragraph (1), the deadline for payment of a penalty surcharge in arrears shall be within 10 days from the date of issuance. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 49-2 (Interest Rate for Additional Payment on Refund) |
[This Article Newly Inserted on May 19, 2020]
| Article 50 (Services Subject to Pre-Selection Systems) |
"Telecommunications services determined by Presidential Decree" in the latter part of Article 57 (1) of the Act means toll call services. <Amended on Oct. 1, 2010> [Title Amended on Oct. 1, 2010]
| Article 50-2 (Provision of Directory Assistance Service) |
| (1) | A telecommunications business operator who provides directory assistance service pursuant to Article 60 (1) of the Act may provide the following information: <Amended on May 31, 2013> |
| 1. | The name or trade name of a user; |
| 2. | The telephone number of a user; |
| (2) | When a telecommunications business operator obtains a user's consent to directory assistance service, he or she shall obtain the user's consent by means that he or she may check whether a person is the person himself or herself and verify a fact of consent after the fact, such as his or her autograph or electronic signature. |
| (3) | A user may withdraw the consent under paragraph (2) at any time, and a telecommunications business operator shall, without delay, take necessary measures lest directory assistance service for a user who has withdrawn his or her consent should be provided: Provided, That where directory assistance service is provided in a book form, this shall not apply where a user indicates his or her intention of withdrawal from his or her consent 30 days prior to the date of the next publication thereof. |
[This Article Wholly Amended on Feb. 28, 2012]
[Moved from Article 51 <Jan. 7, 2014>]
| Article 51 (Specialized Institutions for Sharing Unique Identification Numbers) |
| (1) | A specialized institution designated to efficiently share the unique international identification numbers (hereinafter referred to as "unique identification number") of communications terminal devices under Article 60-2 (2) of the Act shall establish an integrated management center for unique identification numbers and conduct the following affairs: |
| 1. | Establishment and management of the information system for sharing the unique identification numbers of communications terminal devices reported for reasons of loss or theft, etc. (hereinafter referred to as "reported device") between telecommunications business operators who provide telecommunications services using a frequency assigned under the Radio Waves Act (hereinafter referred to as "integrated management system for unique identification numbers"); |
| 2. | Provision of information and support for inquiries to block the use of reported devices; |
| 3. | Support for sharing unique identification numbers with foreign governments, etc. |
| (2) | A telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall immediately register the unique identification number of a reported device in the integrated management system for unique identification numbers, and if a reporter requests the termination of such device, he or she shall delete the registered information thereof immediately. |
| (3) | A telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall verify whether a reported device has connected a communications network through the integrated management system for unique identification numbers, and shall stop the provision of telecommunications services for the reported device. |
| (4) | The Minister of Science and ICT may provide subsidies to cover the expenses incurred in establishing and operating the integrated management center for unique identification numbers referred to in paragraph (1). <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 7, 2014]
[Previous Article 51 moved to Article 50-2 <Jan. 7, 2014>]
CHAPTER V TELECOMMUNICATIONS EQUIPMENT
| Article 51-2 (Reporting of and Approval for Installation of Telecommunications Equipment) |
| (1) | A facilities-based telecommunications business operator who intends to install or modify important telecommunications equipment pursuant to the main clause of Article 62 (1) of the Act shall submit a report on the installation or a report on modification of important telecommunications equipment (including a report in an electronic form) to the Minister of Science and ICT, along with the following information (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Specifications of the installation or change of telecommunications equipment (including a schematic diagram of a communications network); |
| 2. | Measures for security of telecommunications equipment; |
| (2) | A facilities-based telecommunications business operator who intends to obtain approval for the installation of telecommunications equipment to be installed pursuant to the proviso of Article 62 (1) of the Act shall submit an application (including an application in an electronic form) for approval for the installation of telecommunications equipment to the Minister of Science and ICT, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 2. | Measures for security of telecommunications equipment; |
| 3. | Technical trends of the relevant telecommunications equipment, such as national and international standards; |
| 4. | The current status of research and development of the relevant telecommunications equipment in Korea and overseas; |
| 5. | An agreement (only applicable to cases of the joint installation or use with other domestic or foreign business operators). |
| (3) | Where the Minister of Science and ICT receives an application under paragraph (2), he or she shall examine the following matters and notify an applicant within 15 days whether he or she grants approval: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The feasibility of a business plan; |
| 2. | Appropriateness of measures for security of telecommunications equipment; |
| 3. | Compatibility with domestic and overseas technical standards; |
| 4. | The legality of an agreement. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 51-3 (Research for Joint Installation of Telecommunications Equipment) |
| (1) | "Facilities-based telecommunications business operators who meet the criteria prescribed by Presidential Decree" in Article 63 (2) of the Act means facilities-based telecommunications business operators who provide both the urban telephone services referred to in Article 2 (2) 3 (a) and Internet access services referred to in Article 2 (2) 3 (d) together. |
| (2) | Facilities-based telecommunications business operators, other than facilities-based telecommunications business operators prescribed in paragraph (1), may participate in the council referred to in Article 63 (2) of the Act. |
[This Article Wholly Amended on Apr. 14, 2015]
| Article 51-4 Deleted. <Apr. 14, 2015> |
| Article 51-5 (Recommendation for Joint Installation of Telecommunications Equipment) |
| (1) | Where the Minister of Science and ICT recommends facilities-based telecommunications business operators to jointly install telecommunications equipment pursuant to Article 63 (6) of the Act, he or she shall recommend the joint installation thereof to them, specifying telecommunications equipment subject to joint installation, areas, sections, timing, technical conditions, etc. for installation. <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017> |
| (2) | A facilities-based telecommunications business operator who requests the joint installation of telecommunications equipment pursuant to Article 63 (6) 1 of the Act shall submit documents in which the following matters are included to the Minister of Science and ICT: <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017> |
| 1. | A plan for the joint installation of telecommunications equipment; |
| 2. | Economic effects following the joint installation of telecommunications equipment; |
| 3. | Grounds for a failure to reach an agreement with facilities-based telecommunications business operators subject to the joint telecommunications equipment, and the solutions thereto. |
| (3) | A facilities-based telecommunications business operator recommended to install joint telecommunications equipment by the Minister of Science and ICT shall notify the Minister of Science and ICT as to whether he or she accepts such recommendation, and grounds for not accepting such recommendation where he or she cannot accept such recommendation, within 21 days from the date he or she receives such recommendation. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 51-6 (Reporting of Private Telecommunications Equipment) |
| (1) | A person who intends to install private telecommunications equipment pursuant to Article 64 of the Act shall submit a report on the installation of private telecommunications equipment in which the following matters are stated to the Mayor/Do Governor having jurisdiction over the location of the office in which main equipment are installed, along with the specifications and drawings for the installation work of private telecommunications equipment, no later than 21 days prior to the date of commencement of the installation work of the relevant equipment: <Amended on Mar. 31, 2016; May 31, 2016; Apr. 6, 2021> |
| 3. | Purposes of installation; |
| 4. | A mode of telecommunications; |
| 5. | A place where the relevant equipment are installed; |
| 6. | An outline of the relevant equipment; |
| 7. | The date of operation or the scheduled date of operation of the relevant equipment. |
| (2) | "Important matter prescribed by Presidential Decree" in the latter part of Article 64 (1) of the Act means matters provided for in paragraph (1) 2 through 6. |
| (3) | Where a person who has reported the installation of private telecommunications equipment intends to modify matters prescribed in paragraph (2), he or she shall submit a report on modification (including a report in an electronic form) in which the modified matters are stated to the competent Mayor/Do Governor, along with the specifications and drawings (including a table of comparison before and after modification) for the installation work of private telecommunications equipment on the modified matters no later than 21 days prior to the date of commencement of such modification (where he or she intends to modify matters referred to in paragraph (1) 4 through 6, the date of commencement of such modification work). <Amended on Mar. 23, 2013; May 31, 2016> |
| (4) | When a Mayor/Do Governor receives a report on installation prescribed in paragraph (1) or a report on the modification of installation prescribed in paragraph (3), he or she shall examine the following matters: <Amended on Mar. 23, 2013; May 31, 2016> |
| 2. | Whether the objectives of and grounds for the installation of telecommunications equipment lie in using them for a reporter's own telecommunications. |
| (5) | Where a Mayor/Do Governor finds, as a result of an examination administered under paragraph (4), that such installation or such modification of installation meets requirements under the subparagraphs of the same paragraph, he or she shall issue a certificate of a report on the installation or a certificate of a report on modification of private telecommunications equipment to a reporter. <Amended on Mar. 23, 2013; May 31, 2016> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 51-7 (Verification of Installation Work) |
| (1) | A person who has filed a report on the installation or a report on modification of private telecommunications equipment pursuant to Article 64 (3) of the Act shall obtain verification from the competent Mayor/Do Governor within seven days from the date on which the installation work or modification work of such equipment is completed. <Amended on Mar. 23, 2013; May 31, 2016> |
| (2) | A person who intends to obtain verification on private telecommunications equipment pursuant to paragraph (1) shall submit an application (including an application in an electronic form) for verification on private telecommunications equipment to the competent Mayor/Do Governor, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; May 31, 2016> |
| 3. | A copy of a certificate of a contractor. |
| (3) | Where a Mayor/Do Governor finds, as a result of an examination of application documents prescribed in paragraph (2), that an application and accompanying documents fall under any of the following, he or she may request an applicant to supplement such documents within an appropriate period fixed: <Amended on Mar. 23, 2013; May 31, 2016> |
| 1. | Where accompanying documents are incomplete; |
| 2. | Where the details that should be stated in an application and accompanying documents are unclear. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 51-8 (Exemption from Reporting of Installation of Private Telecommunications Equipment) |
Private telecommunications equipment that may be installed without reporting pursuant to Article 64 (4) of the Act shall be as follows: | 1. | Private telecommunications equipment, the main equipment and terminal devices of which are installed within one building and a site therefor; |
| 2. | Private telecommunications equipment, the main equipment and terminal devices of which are installed within two or more buildings owned by one person, the shortest distance between which is within 100 meters, and sites therefor (only applicable to buildings and their sites not separated each other by a road or river); |
| 3. | Private telecommunications equipment installed because they are urgently required for the police operations and used within one month. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 51-9 (Provision of Private Telecommunications Equipment) |
| (1) | Where a person who has installed private telecommunications equipment has surplus telecommunications equipment exceeding the capacity required for his or her own telecommunications of private telecommunications equipment installed in a section requested by a facilities-based telecommunications business operator pursuant to Article 65 (2) of the Act, he or she may provide a facilities-based telecommunications business operator with such surplus. |
| (2) | Where a facilities-based telecommunications business operator is provided with private telecommunications equipment pursuant to paragraph (1), the price for such provision shall meet the standards determined and publicly notified by the Minister of Science and ICT within the limits of the amount calculated by adding the amount of return on investment to expenses incurred in relation to the installation and operation of the relevant private telecommunications equipment. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 51-10 (Guidelines for Suspension of Use) |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 51-11 (Facilities subject to Securing of Ducts) |
"Facilities or sites prescribed by Presidential Decree" in Article 68 (1) 8 of the Act means the following facilities or sites: <Amended on Jul. 16, 2014> [This Article Wholly Amended on Feb. 28, 2012]
| Article 51-12 (Mediation on Securing of Ducts) |
| (1) | Where the Minister of Science and ICT prepares a mediation proposal, upon receipt of a request for mediation under Article 68 (5) of the Act, he or she shall hear opinions of the heads of the relevant administrative agencies and the relevant parties. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT has prepared a mediation proposal under paragraph (1), he or she shall notify the relevant parties of such mediation proposal and may recommend them to accept such mediation proposal with a fixed period of at least 30 days. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Where the relevant parties accept a mediation proposal under paragraph (2), the Minister of Science and ICT shall prepare a mediation proposal in which the following matters are entered and have the relevant parties affix their seals or signatures thereon: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 2. | The name and address of the relevant parties, appointed representatives or agents; |
| 3. | The intent of a request for mediation; |
| 5. | The date of preparation. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 51-13 Deleted. <May 31, 2016> |
| Article 51-14 Deleted. <May 31, 2016> |
| Article 51-15 Deleted. <May 31, 2016> |
| Article 51-16 Deleted. <May 31, 2016> |
| Article 52 (Designation of Boundary Areas of Submarine Cables) |
| (1) | Where a facilities-based telecommunications business operator makes a request for the designation of a boundary area for submarine cables pursuant to Article 79 (3) of the Act, he or she shall submit the following data to the Minister of Science and ICT: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The necessity of the designation of a boundary area; |
| 2. | Sections and the width of a boundary area (referring to data in which coordinates of a boundary area indicating the latitude and longitude are stated). |
| (2) | If necessary for the designation of a boundary area for submarine cables, the Minister of Science and ICT may request a facilities-based telecommunications business operator who has applied for the designation thereof to additionally submit data in addition to submitted documents referred to in the subparagraphs of paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall send the data submitted pursuant to paragraphs (1) and (2) to the head of the related central administrative agency under Article 79 (4) of the Act and hear his or her opinion. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Unless any particular circumstance exists, the Minister of Science and ICT shall notify a facilities-based telecommunications business operator who has applied for the designation of a boundary area for submarine cables of whether such area has been designated within 60 days from the date of application, and when he or she has designated a boundary area for submarine cables, he or she shall publicly notify such designation without delay. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | If the Minister of Science and ICT designates and publicly notifies a boundary area for submarine cables pursuant to paragraph (4), a facilities-based telecommunications business operator who has applied for the designation thereof shall make a public announcement of the location of the boundary area on his or her website, etc., and may install area indicators, such as by buoys, in the designated boundary area. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 52-2 (Inspection and Reports on Telecommunications Equipment) |
| (1) | "Cases prescribed by Presidential Decree, such as where it is necessary for the formulation of telecommunications policies" in Article 82 (1) of the Act means any of the following cases: |
| 1. | Where necessary to formulate and implement telecommunications policies; |
| 2. | Where necessary to check whether telecommunications equipment are installed and managed in an appropriate manner; |
| 3. | Where necessary to ensure fail-safe telecommunications in cases of national emergency or a disaster or accident. |
| (2) | Where the Korea Communications Commission conducts an inspection under Article 82 (1) of the Act, it shall notify a person who has installed telecommunication equipment of an inspection plan on the scheduled date and time, details, reasons, etc. of the inspection no later than seven days before the inspection: Provided, That in cases of emergency or where it deems that it cannot achieve the purposes of inspection due to the destruction of evidence, etc. if it notifies in advance, this shall not apply. |
| (3) | A public official who conducts an inspection pursuant to paragraph (2) shall carry a certificate indicating his or her authority and produce it to the relevant parties and, present a document, in which his or her name, time and purpose of access, etc. are stated, to the relevant parties when he or she has access to telecommunication equipment, etc. |
[This Article Wholly Amended on Feb. 28, 2012]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 53 (Protection of Privacy of Communications) |
| (1) | A telecommunications business operator shall keep a book for the provision of communications data prescribed in Article 83 (5) of the Act for one year. |
| (2) | A telecommunications business operator shall report on the current status of the provision of communications data prescribed in Article 83 (6) of the Act and notify the current status of the provision of communications data prescribed in paragraph (7) of the same Article within 30 days after the expiration of each half-year. |
| (3) | An organization in exclusive charge of the affairs prescribed in Article 83 (8) of the Act (hereinafter referred to as "organization exclusively responsible") shall perform the following functions: |
| 1. | Presiding over affairs concerning privacy of communications of users; |
| 2. | Control over unlawful or unjust acts of violating privacy of communications of users by employees of a telecommunications business operator or the third party; |
| 4. | Notification of details entered in the book of the provision of communications data prescribed in Article 83 (7) of the Act; |
| 5. | Handling complaints filed or opinions submitted by users concerning privacy of communications; |
| 6. | Education for employees in charge of affairs concerning privacy of communications; |
| 7. | Other affairs necessary for the protection of privacy of communications of users. |
| (4) | An organization exclusively responsible shall be established in the head office of the relevant telecommunications business operator and an employee on the level of an executive officer shall be held responsible for such organization. |
| (5) | A person with the authority to grant approval for a request for provision of data prescribed in Article 83 (9) of the Act shall be a judge, a public prosecutor, a public official of Grade IV or higher in rank (including a public official of Grade V where a public official of Grade V is the head of a government investigation office or the head of an information investigation agency) of an investigation agency (including a military investigation agency, the National Tax Service, a regional tax service: hereinafter the same shall apply) or an intelligence investigation agency, or a public official in general service belonging to the Senior Executive Service: Provided, That in cases of the police and the Korea Coast Guard police, he or she shall be a public official in a rank equal to or higher than a police superintendent (including a superintendent where a superintendent is the head of a government office) and in cases of a military investigation agency, he or she shall be a military prosecutor or a military officer in a rank equal to or higher than a lieutenant colonel (including a major in cases of a military investigation agency, the commanding officer of which is a major). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (6) | The grade and name of a person with the authority to grant approval shall be clearly stated in a request for provision of data prescribed in Article 83 (9) of the Act: Provided, That in cases of an intelligence investigation agency prescribed in subparagraph 6 of Article 2 of the Regulations of Planning and Adjustment of Information and Security Affairs, only the grade of a person with the authority to grant approval may be stated, and in cases of a court, the grade and name of a person with the authority to grant approval shall be clearly stated. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 54 (Notification of Phone Numbers of Callers) |
| (1) | Where a caller expresses his or her intention of rejecting transmission of his or her phone number pursuant to the proviso of Article 84 (1) of the Act, no telecommunications business operator shall impose a charge on the caller for such reason. |
| (2) | A person who intends to learn a caller's phone number pursuant to Article 84 (2) 1 of the Act shall file a request with a telecommunications business operator in writing along with any of the following data by which the telecommunications business operator may confirm a specific fact that he or she has been verbally abused, threatened or ridiculed by telephone (hereinafter referred to as "threat, etc. by telephone"): |
| 1. | Data in which the date and hour, and details of threat, etc. by telephone have been recorded in writing; |
| 2. | Tape, etc. on which the details of threat, etc. by telephone have been recorded; |
| 3. | Where he or she has reported a crime to the police for reason of threat, etc. by telephone, documents proving such threat, etc.; |
| 4. | Data providing evidence that he or she has consulted with the related consultation office concerning damage caused by threat, etc. by telephone; |
| 5. | Other data corresponding to the provisions of subparagraphs 1 through 4. |
| 1. | For reporting international crimes for counterterrorism (111); |
| 2. | For reporting crimes (112); |
| 3. | For reporting espionage (113); |
| 4. | For reporting of or consultation on cyber terrorism (118); |
| 5. | For reporting fires or disasters (119); |
| 6. | For reporting maritime accidents or crimes (122); |
| 7. | For reporting smuggling (125); |
| 8. | Deleted. <Jul. 8, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 54-2 (Entrustment of Affairs Related to Prohibition against Falsification of Phone Numbers) |
[This Article Newly Inserted on Apr. 14, 2015]
| Article 55 (Restrictions on and Suspension of Affairs) |
| (1) | Where the Minister of Science and ICT issues an order restricting or suspending all or some of telecommunications services to a telecommunications business operator pursuant to Article 85 of the Act, he or she may allow him or her to provide telecommunications services in order of telephone conversions to conduct the following affairs according to the extent and degree of such restriction and suspension: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (b) | Military affairs and public peace and order; |
| (c) | Delivery of civil defense alerts; |
| (b) | Telecommunications, navigation safety, weather forecast, fire fighting, electricity, gas, water supply, transport and the press; |
| (c) | Affairs of the State and local governments, other than those referred to in items (a) and (b); |
| (d) | Affairs of the foreign diplomatic missions and the organizations of the UN in Korea; |
| (a) | Affairs of business entities subject to control of resources and defense industrial business entities; |
| 4. | Forth priority: Affairs other than those under subparagraphs 1 through 3. |
| (2) | In the case of paragraph (1), telecommunications services restricted or suspended shall be the minimum necessary for securing important communications. |
| (3) | Where all or some of telecommunications services are restricted or suspended pursuant to paragraph (1), a telecommunications business operator shall report the details thereof to the Minister of Science and ICT without delay. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 56 (Approval concerning International Telecommunications Services) |
| (1) | "International telecommunications services prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 86 (2) of the Act means the installation and lease of artificial satellites to provide international telecommunications services. <Amended on Jan. 7, 2014> |
| (2) | A person who intends to obtain approval under the main clause, with the exception of the subparagraphs, of Article 86 (2) of the Act shall submit the following documents to the Minister of Science and ICT: <Amended on Mar. 23, 2013; Jan. 7, 2014; Jul. 26, 2017> |
| 1. | A copy of an agreement or a contract; |
| 2. | A table of comparison on old and new agreements or contracts (only applicable to approval for modification); |
| 3. | Documents proving the termination of an agreement or a contract (only applicable to an application for approval for the termination thereof); |
| 4. | A business plan (only applicable to an application for approval for an agreement on cross-border provision of facilities-based telecommunications services under Article 87 (1) of the Act). |
| (3) | If the Minister of Science and ICT intends to approve an agreement on cross-border provision of facilities-based telecommunications services referred to in Article 87 (1) of the Act pursuant to the main clause, with the exception of the subparagraphs, of Article 86 (2) of the Act, he or she shall examine the following matters comprehensively: <Newly Inserted on Jan. 7, 2014; Jul. 26, 2017> |
| 1. | Possibility of stable provision of services; |
| 2. | Effects on competition of the domestic communications market; |
| 3. | Matters on user protection. |
| (4) | "Requirements prescribed by Presidential Decree" in the proviso of Article 86 (3) of the Act means a telecommunications business operator whose capital is less than three billion won and who does not have an international direct dialing code granted by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 57 (Cancellation of Approval for Contracts for Cross-border Supply of Facilities-Based Telecommunications Services) |
| (1) | Standards for the cancellation of approval for a contract for cross-border supply of facilities-based telecommunications services and the suspension of cross-border supply of facilities-based telecommunications services under Article 87 (4) of the Act shall be as follows: |
| 1. | When violated on one occasion: Suspension within six months or the suspension of subscription of new users; |
| 2. | When violated on two occasions: The cancellation of approval. |
| (2) | Where the Minister of Science and ICT has imposed disposition for cancellation of approval or suspension under paragraph (1), he or she shall publicly notify the details of such disposition and notify the relevant telecommunications business operator of such disposition in writing. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 58 (Statistical Reports) |
| (1) | Types of statistics which a telecommunications business operator should report to the Minister of Science and ICT pursuant to Article 88 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; May 31, 2013; Dec. 30, 2016; Jul. 26, 2017; Jun. 25, 2019> |
| 1. | The current status of telecommunications facilities: Line facilities, exchange facilities, transmission facilities and power supply facilities, etc. for each service; |
| 2. | Results of utilization of telecommunications: Sales, the number of occasions of use, etc. of each service, each phase of distance, each period, each time zone, each country (including the results of each foreign telecommunications business operator), each service area, and between service areas; |
| 3. | The current status of users of telecommunications: The number of subscribers, etc. for each service, each City/Do, and each service area; |
| 4. | Data related to the number of telephone calls: The number of telephone calls for each service, each phase of distance, each period, each time zone, each City/Do, each country (including the number of telephone calls for each foreign telecommunications business operator), each service area and between service areas, other data for the settlement of accounts related to the provision of facilities and interconnection, etc.; |
| 4-2. | Data related to data usage: data usage by technology method, period, and traffic giving load to telecommunications equipment, and other data; |
| 5. | Data related to accounting: Data related to accounting, such as a business report, made by classifying into each business and service provided; |
| 6. | The total amount of prepaid calling cards issued by month and details of the use of such calling cards received from users (only applicable to business operators not possessing line equipment). |
| (2) | Methods and forms for preparing statistics, methods of presentation and the deadline for reporting under paragraph (1), and other necessary matters shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; May 31, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 59 (Submission of Data) |
| (1) | A facilities-based telecommunications business operator and the stockholders thereof shall submit the following documents to the Minister of Science and ICT pursuant to Article 88 (2) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The current status of issued stocks (including investment shares; hereinafter the same shall apply) of a corporation; |
| 2. | The current status of stockholders (including investors; hereinafter the same shall apply) who own issued stocks of a corporation and the ownership of stocks of persons who have special relations with them (including investment shares; hereinafter the same shall apply); |
| 3. | Objectives of the ownership of stocks and reasons for the change thereof (limited to stockholders of a facilities-based telecommunications business operator); |
| 4. | The date of acquisition of stocks and details of funds for the acquisition thereof by stockholders under subparagraph 2 (limited to stockholders of a facilities-based telecommunications business operator); |
| 5. | The form of ownership of stocks (limited to stockholders of a facilities-based telecommunications business operator); |
| 6. | Proving data related to matters referred to in subparagraphs 1 through 5. |
| (2) | A business operator who should submit documents pursuant to paragraph (1) shall submit related documents to the Minister of Science and ICT by the following deadline: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 2. | A facilities-based telecommunications business operator who does not fall under subparagraph 1: By January 30 every year. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 59-2 (Reporting on Current Status of Installation of Private Telecommunications Equipment) |
Pursuant to Article 88 (4) of the Act, a Mayor/Do Governor shall report the data set forth in the subparagraphs of the same paragraph each quarter to the Minister of Science and ICT within 30 days from the end date of the relevant quarter. <Amended on Jul. 26, 2017> [This Article Newly Inserted on May 31, 2016]
| Article 60 (Methods for Computing Penalty Surcharges) |
| (1) | "Sales computed as prescribed by Presidential Decree" in the former part of the main clause of Article 90 (1) of the Act means the average annual sales of telecommunications services subject to the suspension of business of a telecommunications business operator during the preceding three years: Provided, That where three years have not passed as of the first day of the relevant business year after he or she started a business, it means the amount of sales during the period from the commencement of such business to the end of the preceding business year, which has been converted into the annual average sales, and where he or she started a business in the relevant business year, it means the amount of sales during the period from the date he or she started a business to the date he or she committed a violation, which has been converted into the annual sales. |
| 1. | Where a telecommunications business operator has no results of business due to a failure in commencing business, the suspension of business, etc.; |
| 2. | Where a telecommunications business operator refuses to submit data for computing sales or submits false data; |
| 3. | Where a telecommunications business operator faces difficulties in computing objective sales. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 61 (Violations Subject to Imposition of Penalty Surcharges and Amount of Penalty Surcharges) |
| (1) | Types of violations subject to imposition of penalty surcharges pursuant to Article 90 (1) of the Act and the amount of penalty surcharges shall be as specified in attached Table 9. |
| (2) | Types of violations subject to imposition of penalty surcharges pursuant to Article 90 (2) of the Act and the amount of penalty surcharges shall be as specified in attached Table 10. |
| (3) | Where the Minister of Science and ICT or a Mayor/Do Governor fixes the amount of a penalty surcharge pursuant to paragraph (1) or (2), he or she may increase or decrease the amount of a penalty surcharge not exceeding one half thereof, taking into consideration the following matters: Provided, That even in cases of an increase, the total amount of a penalty surcharge shall not exceed the maximum penalty surcharge prescribed in Article 90 (1) or (2) of the Act: <Amended on Mar. 23, 2013; May 31, 2016; Jul. 26, 2017> |
| 1. | Special characteristics of telecommunications services; |
| 2. | The degree and frequency of violations; |
| 3. | Whether any violation has been committed willfully or by negligence; |
| 4. | The motive and content of any violation; |
| 5. | Imposition of a penalty surcharge, in violation of any Act. |
| (4) | Articles 48 and 49 shall apply mutatis mutandis to the imposition, payment and demand of penalty surcharges prescribed in Article 90 of the Act. In such cases, "Minister of Science and ICT or the Korea Communications Commission" in Article 48 (1) and the main clause of paragraph (2) thereof shall be deemed "Minister of Science and ICT or a Mayor/Do Governor". <Amended on May 31, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 62 (Extension of Deadlines for Payment of Penalty Surcharges and Payment in Installments) |
| (1) | A person who intends to extend a deadline for payment of a penalty surcharge or to pay it in installments pursuant to Article 91 of the Act shall file an application with the Minister of Science and ICT or the Korea Communications Commission, along with documents proving the reasons for the extension of the deadline for payment or payment in installments no later than 10 days prior to the deadline for payment. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | No extension of the deadline for payment of a penalty surcharge under Article 91 of the Act shall exceed one year from the day following the deadline for payment. |
| (4) | Where a person pays a penalty surcharge in installments pursuant to Article 91 of the Act, the interval between deadlines for each installment payment shall not exceed four months, and the number of times of installments shall not exceed three times. |
| (5) | Where a person liable to pay a penalty surcharge, for whom a deadline for payment has been extended or who has been allowed to pay it in installments pursuant to Article 91 of the Act, falls under any of the following subparagraphs, the Minister of Science and ICT or the Korea Communications Commission may cancel his or her or its decision on the extension of the deadline for payment or payment in installments and collect it in a lump sum: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | When he or she fails to pay a penalty surcharge, for which payment in installments has been decided, by the deadline for payment; |
| 2. | When he or she fails to execute the order of the Minister of Science and ICT or the Korea Communications Commission necessary to change security or preserve security; |
| 3. | When the Korea Communications Commission deems that it cannot collect all or the remainder of a penalty surcharge, such as compulsory execution, the commencement of auction, the declaration of bankruptcy, the dissolution of a corporation, disposition on default of national taxes or local taxes, etc. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 63 (Types and Evaluation of Security) |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 64 (Important Communications) |
| 1. | Communications for affairs concerning national security, military affairs, public peace, delivery of civil defense alerts, and radio regulations; |
| 2. | Other communications publicly notified by the Minister of Science and ICT for the smooth performance of affairs of the State. |
| (2) | Deleted. <Jan. 7, 2014> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 65 (Delegation of Authority) |
The Minister of Science and ICT shall delegate the following authority to the President of the Central Radio Management Service pursuant to Article 93 (2) of the Act: Provided, That for business possessing line equipment, this shall apply only to the authority under subparagraph 8-2, 8-3, 14, 15, 16, 16-2, 16-3, 20 (limited to corrective orders under Article 92 (1) of the Act for any violation prescribed in Article 84-2 of the Act), or 22 (limited to the imposition and collection of administrative fines under Article 104 (2) 5 and (5) 15 of the Act): <Amended on Mar. 23, 2013; Apr. 14, 2015; May 31, 2016; Jul. 28, 2016; Jul. 26, 2017; Jun. 25, 2019; Dec. 8, 2020> | 1. | Registration of the facilities-based telecommunications business and the imposition of the conditions of such registration under Article 6 of the Act; |
| 2. | Registration of modification of the facilities-based telecommunications business under Article 16 of the Act; |
| 3. | Receipt and processing of a report prescribed in the proviso, with the exception of the subparagraphs, of Article 18 (1) of the Act; |
| 4. | Receipt and processing of a report on suspension or closure of the facilities-based telecommunications business prescribed in the proviso of Article 19 (1) of the Act; |
| 5. | Cancellation of registration of the facilities-based telecommunications business and order to suspend such business under Article 20 (1) of the Act; |
| 6. | Receipt and processing of a report on the value-added telecommunications business prescribed in Article 22 (1) of the Act; |
| 7-2. | Receipt and processing of a report on modification of the value-added telecommunications business, and registration of modification of the special value-added telecommunications business under Article 23 of the Act; |
| 7-3. | Receipt and processing of a report on transfer or acquisition of the value-added telecommunications business, and a report on a merger or inheritance of a corporation prescribed in Article 24 of the Act; |
| 7-4. | Receipt and processing of a report on the suspension or closure of the value-added telecommunications business, and a report on the dissolution of a corporation prescribed in Article 26 of the Act; |
| 8. | Issuance of an order to close value-added telecommunications business or an order to cancel the registration of special value-added telecommunication business or to suspend business prescribed in Article 27 (1) of the Act; |
| 8-2. | Matters concerning the issuance of an order to suspend provision of telecommunication services prescribed in Article 32-3 (1) of the Act; |
| 8-3. | Field investigations on the actual status of the provision and use of equipment, etc. prescribed in Article 35 (5) of the Act; |
| 9. | Issuance of an order to suspend the use of private telecommunications equipment prescribed in the former part of Article 65 (4) of the Act and notification of the fact, under the latter part of the same paragraph, to a Mayor/Do Governor that an order to suspend the use thereof has been issued; |
| 10. | Deleted; <May 31, 2016> |
| 11. | Deleted; <May 31, 2016> |
| 12. | Deleted; <May 31, 2016> |
| 13. | Deleted; <May 31, 2016> |
| 15. | Inspection on a person who has installed telecommunications equipment prescribed in Article 82 (1) of the Act and requesting him or her to make a report; |
| 16. | Issuance of an order to remove telecommunications equipment or to take other necessary measures prescribed in Article 82 (2) of the Act; |
| 17. | Receipt and processing of a report on an agreement on the adjustment of international telecommunications service charges concluded by a facilities-based telecommunications business operator prescribed in Article 86 (3) of the Act; |
| 18. | Hearings for the cancellation of registration of the facilities-based telecommunications business and the closure of value-added telecommunications business prescribed in subparagraphs 1 and 2 of Article 89 of the Act; |
| 19-2. | Imposition and collection of a penalty surcharge prescribed in Article 90 (2) of the Act (limited to a penalty surcharge imposed in lieu of an order to suspend the use, issued pursuant to Article 65 (4) of the Act to a person who has installed any private telecommunication equipment); |
| 21. | Issuance of an order to suspend the act of providing telecommunications services and to take measures for removal of telecommunications equipment prescribed in Article 92 (3) of the Act; |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 65-2 (Processing of Personally Identifiable Information) |
| (1) | Where it is crucial to conduct the following affairs, the Minister of Science and ICT (including a person to whom the authority of the Minister of Science and ICT has been delegated pursuant to Article 65) or the Korea Communications Commission may process data including a resident registration number or foreigner registration number prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Mar. 23, 2013; Aug. 6, 2014; Jul. 28, 2016; Jul. 26, 2017; Jun. 25, 2019; Dec. 8, 2020> |
| 1. | Affairs concerning registration of, and reporting on, the facilities-based telecommunications business prescribed in Article 6 of the Act; |
| 2. | Affairs concerning verification of grounds for disqualification as executive officers prescribed in Article 9 of the Act; |
| 3. | Affairs concerning registration of modification of the facilities-based telecommunications business prescribed in Article 16 of the Act; |
| 4. | Affairs concerning authorization for or reports on the acquisition of facilities-based telecommunications business by transfer and merger of a corporation, etc. prescribed in Article 18 of the Act; |
| 5. | Affairs concerning approval for, and reporting on, the suspension or closure of the facilities-based telecommunications business prescribed in Article 19 of the Act; |
| 6. | Deleted; <Jun. 25, 2019> |
| 7. | Affairs concerning a report and registration of value-added telecommunications business prescribed in Article 22 of the Act; |
| 8. | Affairs concerning a report on modification and registration of modification of value-added telecommunications business prescribed in Article 23 of the Act; |
| 9. | Affairs concerning a report on the transfer or acquisition of the value-added telecommunications business prescribed in Article 24 of the Act; |
| 10. | Affairs concerning a report on the suspension or closure of the value-added telecommunications business and a report on the dissolution of a corporation prescribed in Article 26 of the Act; |
| 11. | Deleted; <Apr. 14, 2015> |
| 12-2. | Affairs concerning the imposition and collection of charges for compelling compliance under Article 52-2 of the Act; |
| 13. | Affairs concerning imposition and collection of penalty surcharges prescribed in Article 53 of the Act; |
| 14. | Deleted; <Apr. 14, 2015> |
| 15. | Deleted; <Apr. 14, 2015> |
| 16. | Affairs concerning the extension of a deadline for payment of penalty surcharges and payment in installments prescribed in Article 91 of the Act. |
| (2) | A telecommunications business operator who provides facilities-based telecommunication services or the Korea Association for ICT Promotion may manage the data which contains residents registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is crucial to perform the following affairs: <Newly Inserted on Aug. 6, 2014; Apr. 14, 2015; Jul. 28, 2016> |
| 3. | Affairs concerning prevention of concluding a contract for use of telecommunications services without verifying the user's intention for subscription or providing telecommunications services in a manner inconsistent with the terms and conditions of use (limited to the terms and conditions of the return of fees) among prohibited acts prescribed in Article 50 (1) 5 of the Act; |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 65-3 (Re-Examination of Regulation) |
The Minister of Science and ICT shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Jul. 26, 2017; Jun. 25, 2019; Dec. 8, 2020>
| 1. | Deleted; <Mar. 2, 2021> |
| 2. | Submission of a report on the actual results of the provision of universal service referred to in Article 4: January 1, 2017; |
| 3. | Registration requirements for the business not possessing line equipment among the registration requirements for the facilities-based telecommunications business referred to in Article 8: January 1, 2017; |
| 4. | Deleted; <Mar. 3, 2020> |
| 5. | Documents attached to an application for authorization for acquisition and merger, etc. referred to in Article 20: January 1, 2017; |
| 6. | Deleted; <Mar. 3, 2020> |
| 7. | Deleted; <Mar. 3, 2020> |
| 8. | Deleted; <Dec. 8, 2020> |
| 9. | Deleted; <Mar. 3, 2020> |
| 10. | Deleted; <Mar. 3, 2020> |
| 11. | Types of statistical reports referred to in Article 58: January 1, 2017. |
[This Article Wholly Amended on Dec. 30, 2016]
CHAPTER VII PENALTY PROVISIONS
| Article 66 (Standards for Imposing Administrative Fines) |
[This Article Wholly Amended on Feb. 28, 2012]
ADDENDA <Presidential Decree No. 20666, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures for Guaranty Insurance)
Guaranty insurance of a special telecommunications business operator taken out under the previous provisions as at the time when the amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 111 enter into force, notwithstanding the amended provisions of attached Table 2, shall be deemed to have been taken out under this Decree until the date of expiration of the contract period of the relevant guaranty insurance. Article 3 (Transitional Measures for Persons Subject to Reduction of or Exemption from Charges for Telephone Services)
A person subject to reduction of or exemption from a charge for telephone services provided under Article 2-2 (2) 4 (a) of the previous Enforcement Rules of the Telecommunications Business Act as at the time when the amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 141, enters into force, shall be deemed a person subject to reduction of or exemption from a charge for telephone services under this Decree.
Article 4 (Exceptional Cases to Combined Sale)
The amended provisions of subparagraph 6, IV of attached Table 3 shall apply to the telecommunications services only (including the telecommunications services provided by the special telecommunications business or the value-added telecommunications business being operated by a facilities-based telecommunications business operator) of a facilities-based telecommunications business operator from March 10, 2007.
Article 5 (Transitional Measures for Permission and Registration)
| (1) | A value-added communications business operator providing the transmission services under the amended provisions of subparagraph 1 of Article 3 of the Enforcement Rules of the Telecommunications Business Act as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall obtain the permission of the Korea Communications Commission as a facilities-based telecommunications business operator prescribed in Article 5 of the Act, or register a special telecommunications business operator with the Korea Communications Commission prescribed in Article 19 of the Act by no later than December 14, 2009. |
| (2) | The standard of registration concerning financial capacity of the necessary conditions for registration made under Article 28 and the amended provisions of the attached Table 2 shall not apply, beyond December 14, 2009, to a telecommunications business operator who should newly register a special telecommunications business prescribed in paragraph (1). |
Article 6 (Transitional Measures for Transmission Services)
A telecommunications business operator who has obtained the permission of the Minister of Information and Communications as a facilities-based telecommunications business operator providing facilities-based telecommunications services, other than a lease service of the telecommunications line facilities prescribed in subparagraph 3 of Article 3 of the previous Enforcement Rules of the Telecommunications Business Act and a service provided using the frequency allotted under subparagraph 4 of the same Article before the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall be deemed to have obtained permission for the transmission services under the amended provisions of subparagraph 1 of Article 7.
Article 7 (Transitional Measures for Service Provided Using Frequency Allotted)
A telecommunications business operator who has obtained permission of the Minister of Information and Communications as a facilities-based telecommunications business operator providing a service using the frequency allotted to him or her under subparagraph 4 of Article 3 of the previous Enforcement Rules of the Telecommunications Business Act before the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall be deemed to have obtained permission as a facilities-based telecommunications business operator providing a service using the frequency alloted to him or her under the amended provisions of subparagraph 2 of Article 7. Article 8 (Transitional Measures for Lease Services of Telecommunications Line Facilities)
A telecommunications business operator who has obtained permission of the Minister of Information and Communications as a facilities-based telecommunications business operator providing a lease service of the telecommunications line facilities prescribed in subparagraph 3 of Article 3 of the previous Enforcement Rules of the Telecommunications Business Act as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall be deemed to have obtained permission as a facilities-based telecommunications business operator providing a lease service of the telecommunications line facilities prescribed in the amended provisions of subparagraph 3 of Article 7.
Article 9 (Transitional Measures for Internet Telephony)
An Internet telephone service falling under a facilities-based telecommunications service provided under subparagraph 5-2 of Article 3 of the previous Enforcement Rules of the Telecommunication Business Act as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, notwithstanding the amended provisions of the proviso to Article 7, shall be deemed a facilities-based telecommunications service provided under this Decree.
Article 10 (Transitional Measures for Application for Registration of Special Telecommunications Business Operators)
A registration certificate of a special telecommunications business operator which has been issued under Article 12-2 (1) of the previous Enforcement Rules of the Telecommunications Business Act as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall be deemed a registration certificate issued under this Decree: Provided, That a special telecommunications business operator engaging in a prepaid calling card business under the previous provisions as at the time when the partially amended Ordinance of the Enforcement Rules of the Telecommunications Business Act, Ordinance of the Ministry of Information and Communications No. 227, enters into force, shall file for registration of modification under the amended provisions of Article 22 of the Act by no later than June 14, 2008.
ADDENDA <Presidential Decree No. 20896, Jul. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDUM <Presidential Decree No. 21060, Oct. 1, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exemption from Liability to Compensate for Loss Caused by Universal Services)
The amended provisions of Article 5 (2) shall begin to apply to the amount of loss incurred by universal services that is calculated on or after the year 2011. Article 3 (Applicability to Revised Licenses)
The amended provisions of Articles 19 (4) 1 and 31 (1) 6 shall also apply to a telecommunications business operator whose license or registration has been partially revoked or whose business has been partially discontinued before this Decree enters into force. Article 4 (Applicability to Reporting on Agreements for Interconnection)
The amended proviso to Article 40 (1) shall begin to apply to a telecommunications business operator who applies for a report on cancellation or authorization for cancellation or a report on modification or authorization for modification after this Decree enters into force. Article 5 (Transitional Measures concerning Application for Approval for Business Suspension)
Notwithstanding the amended provisions of subparagraphs 5 and 6 of Article 24, the previous provisions shall apply to the procedures for approval for suspension or discontinuation of the facilities-based telecommunications business which remain in effect as at the time this Decree enters into force.
Article 6 (Transitional Measures concerning Reporting on Value-Added Telecommunications Business)
Notwithstanding the previous provisions, the amended provisions of Articles 29 (1) and 32 (1) 2 and (2) 2 shall apply to the procedures for reporting on the value-added telecommunications business, procedures for reporting on the transfer and acquisition of the special telecommunications business and value-added telecommunications business, or procedures for reporting on the merger of corporations, all of which remain in effect as at the time this Decree enters into force. Article 7 (Transitional Measures concerning Pre-Paid Calling Services)
A telecommunications business operator who provides a pre-paid calling service as at the time this Decree enters into force shall submit to the Korea Communications Commission or the President of the Central Radio Management Service the documents provided for in the amended provisions of Article 37-2 (1) within 45 days after this Decree enters into force. Article 8 (Transitional Measures concerning Guidelines for Administrative Dispositions)
Where the guidelines for administrative dispositions or guidelines for imposing penalty surcharges apply to any violation committed before this Decree enters into force, they shall be governed by the amended provisions of attached Tables 1 and 6.
Article 9 (Transitional Measures concerning Administrative Fines)
| (1) | Where administrative fines are imposed for any violation committed before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of attached Table 8. |
| (2) | The frequency of violations committed under the amended provisions of attached Table 8 shall not include any violation committed before this Decree enters into force that has been subjected to the disposition of administrative fines. |
Article 10 Omitted.
ADDENDA <Presidential Decree No. 22605, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 22616, Jan. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 23293, Nov. 14, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 20, 2011.
Article 2 (Special Cases on Issuance of Certificates of Registration)
Where a certificate of registration of a special value-added telecommunications business operator is issued to a person governed by paragraph (2) of the Addenda of the Telecommunications Business Act (No. 10656), within six months after this Decree enters into force, notwithstanding the amended provisions of Article 29 (6), the period for the issuance of a certificate of registration may be extended within 30 days only once.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23642, Feb. 28, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Registration of Modification of Terms and Conditions of Use)
The amended provisions of Article 31 shall apply, beginning with the first modification of the terms and conditions of use after this Decree enters into force.
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. 24546, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (2) 3 (c) and (f), (3) through (5), and subparagraph 5 of Article 14 shall enter into force on July 1, 2013, and the amended provisions of Article 58 (1) 4-2 and (2) shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Scope of Facilities-Based Telecommunications Business Operators Subject to Examination on Public Benefits)
| (1) | The amended provisions of subparagraph 4 of Article 14 shall apply starting from the case where a reason prescribed in each subparagraph of Article 10 (1) arises after this Decree enters into force. |
| (2) | The amended provisions of subparagraph 5 of Article 14 shall apply starting from the case where a reason prescribed in each subparagraph of Article 10 (1) of the Act arises after the enforcement dates referred to in the proviso to Article 1 of this Addenda. |
Article 3 (Special Cases concerning Consent Method on Provision of Address below Unit of Eup/Myeon/Dong of Subscriber Who Consented to Former Directory Assistance Service)
| (1) | Where a telecommunications business operator provides the address of a user who subscribed as a trade name pursuant to the amended provisions of the proviso to Article 51 (1) 3, he or she shall obtain the user's consent again, notwithstanding the consent he or she obtained previously pursuant to Article 51 (2). In such cases, the consent referred to in Article 51 (2) shall be deemed obtained. |
| (2) | Where a telecommunications business operator obtains a user's consent referred to in paragraph (1), he or she may obtain such consent through any of the following methods, notwithstanding Article 51 (2): |
| 1. | Posting details of consent on the Internet web site for directory assistance service and having a user indicate his or her consent; |
| 2. | Forwarding an e-mail or a text message containing details of consent and having a user transmit an e-mail or a text message declaring his or her intention of consenting to the provision of his or her address; |
| 3. | Informing, by telephone, a user of details of consent and voice recording whether he or she consents to the provision of his or her address; |
| 4. | Informing, by telephone, a user of a method for checking details of consent on the web site, etc. for directory assistance service and then voice recording, by telephone again, whether the user consents to the provision of his or her address. |
Article 4 (Transitional Measures concerning Curtailment of Persons Eligible for Reduction of or Exemption from Rates)
A person who received the reduction of or exemption from rates pursuant to previous Article 2 (3) 8 (d) before February 28, 2013 (limited to persons who have a child born from January 1, 2008 to December 31, 2008) shall be deemed a person eligible for the reduction of or exemption from rates under the previous provisions for twelve months from the month to which the date of the last application belongs, notwithstanding the amended provisions of Article 2 (3) 8 (d). Article 5 (Transitional Measures concerning Services Subject to Authorization for Terms and Conditions of Use)
The services and facilities-based telecommunications business operators publicly notified pursuant to previous Articles 34 (1) 1, 39 (1), 39-3 (1) as at the time this Decree enters into force shall be deemed services and facilities-based telecommunications business operators publicly notified pursuant to the amended provisions of Articles 34 (1) 1, 39 (1) and 39-3 (1) until they are newly notified after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25062, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 14, 2014: Provided, That the amended provisions of Articles 2 (3) 8 (c) and (h) and 65-2 shall enter into force on the date of its promulgation. Article 2 (Applicable Cases concerning Approval for Agreements on Cross-Border Provision of Facilities-Based Telecommunications Services)
The amended provisions of Article 56 (2) 4 shall apply, starting with an agreement which applies for approval after this Decree enters into force.
ADDENDA <Presidential Decree No. 25478, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25867, Dec. 23, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Imposition of Penalty Surcharges)
Notwithstanding the amended provisions of attached Table 9, the criteria for the imposition of penalty surcharges against violations committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 26191, Apr. 14, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 16, 2015.
Article 2 (Transitional Measures concerning Frequency of Imposition of Administrative Fines)
The imposition of an administrative fine due to any act of rejecting, evading or interfering with an investigation referred to in Article 51 (2) of the Act as prescribed in subparagraph 2 (k) of previous attached Table 11 shall not be included in the calculation of frequency of violations committed under the amended provisions of subparagraph 2 (p) of attached Table 11.
ADDENDA <Presidential Decree No. 26406, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2015.
Article 2 (Special Cases concerning Removal of Apparatus)
Notwithstanding the amended provisions of Article 39-2 (2), any apparatus installed under Article 35 (4) of the previous Acts (referring to the Acts in effect before they are amended by the Telecommunications Business Act (No. 13011)) before this Decree enters into force, the contract for which entered into under Article 35 (1) of the Act is terminated, or the period of installation of which is expired as at the time this Decree enters into force, shall be removed within 30 days of the enforcement of this Decree: Provided, That where the period for removal of the apparatus is separately determined through consultations between a using business operator and a providing business operator, such agreement shall apply.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27186, May 31, 2016>
This Decree shall enter into force on June 2, 2016: Provided, That the amended provisions of subparagraph 11 of Article 65 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27322, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 25, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27412, Jul. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 8-2 of Article 65 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Calculation of Penalty Surcharges)
The amended provisions of subparagraphs 2 and 3 of attached Table 6 shall also apply where a penalty surcharge is calculated for any violation committed before the enforcement date referred to in the proviso to Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 27750, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of subparagraph 5 (g) (iv) of attached Table 4 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Guidelines for Administrative Dispositions)
Any administrative disposition (including imposition dispositions of penalty surcharges) against a prohibited act specified in attached Table 4 which has been committed before this Decree enters into force, shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27789, Jan. 17, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28045, May 8, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Details of Universal Service and Compensation for Losses)
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.
ADDENDA <Presidential Decree No. 28283, Sep. 5, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation: Provided, That ... <omitted> ... Article 6 of the Addenda shall enter into force on the date of promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 28881, May 15, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29817, Jun. 11, 2019>
This Decree shall enter into force on June 12, 2019: Provided, That the amended provisions of Article 2 (2) 3 (c) and (3) shall enter into force on the date of its promulgation; and the amended provisions of Articles 2 (1) 1-2 and (2) 1-2 and 5 (1) 3-2 shall enter into force on January 1, 2020.
ADDENDA <Presidential Decree No. 29886, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 25, 2019.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30690, May 19, 2020>
This Decree shall enter into force on June 11, 2020.
ADDENDA <Presidential Decree No. 31220, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 31222, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31223, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 (Applicability to Requirements for Registration of Mandatory Wholesale Service Resale Business)
The amended provisions of attached Table 1 shall also apply where a business operator has filed for registration of and operated the business of providing only the services of transmission and reception of data with things, among the business of re-selling mandatory wholesale services under Article 38 (2) of the Act, or has filed an application for registration of such business before this Decree enters into force. Article 3 (Special Cases concerning Standards for Value-Added Telecommunications Business Operators Required to Take Measures for Securing Service Stability)
Notwithstanding the amended provisions of Article 30-8 (1), the scope of a value-added telecommunications business operator who should take measures to secure the means of stability of telecommunications services pursuant to Article 22-7 of the Act shall be a value-added telecommunications business operator who meets all the following standards from the date this Decree enters into force until December 31, 2020: | 1. | The average number of domestic users per day from September to November, 2020 shall be at least one million persons; |
| 2. | The average volume of domestic traffic generated per day from September to November, 2020 shall be at least 1/100 of the total amount of domestic traffic generated through the average daily communication from September to November, 2020 in the information and communications network through which the domestic facilities-based telecommunications business operators provide Internet services (including wireless Internet services). |
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31453, Feb. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 31516, Mar. 2, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31592, Apr. 6, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31614, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2021.
Articles 2 and 3 Omitted.