ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION
Act No. 7372, Jan. 27, 2005
Amended by Act No. 8002, Sep. 27, 2006
Act No. 8367, Apr. 11, 2007
Act No. 8486, May 25, 2007
Act No. 8775, Dec. 21, 2007
Act No. 8867, Feb. 29, 2008
Act No. 9481, Mar. 13, 2009
Act No. 9483, Mar. 13, 2009
Act No. 11423, May 14, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11717, Mar. 23, 2013
Act No. 12840, Oct. 15, 2014
Act No. 13203, Feb. 3, 2015
Act No. 13540, Dec. 1, 2015
Act No. 14224, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 14840, Jul. 26, 2017
Act No. 15608, Apr. 17, 2018
Act No. 16087, Dec. 24, 2018
Act No. 16954, Feb. 4, 2020
Act No. 17347, jun. 9, 2020
Act No. 17633, Dec. 8, 2020
Act No. 17689, Dec. 22, 2020
Act No. 18517, Oct. 19, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect privacy from the divulging, abuse and misuse of location information, provide a safe environment for using location information, and activate the use of location information, thus contributing to the improvement of people's standard of living and the promotion of public welfare.
The terms used in this Act are defined as follows: <Amended on Mar. 22, 2010; Feb. 3, 2015; Feb. 3, 2015; Jun. 9, 2020; Oct. 19, 2021>
| 1. | The term "location information" means information about a place where a portable object or an individual exists or has existed at a certain time, whose position is located by using telecommunications equipment facilities or telecommunications line equipment and facilities prescribed in subparagraph 2 or 3 of Article 2 of the Telecommunications Business Act; |
| 2. | The term "personal location information" means the location information regarding a particular person (including information readily combinable with other information to track the location of a particular person even though location information alone is not sufficient to identify the location of such person); |
| 3. | The term "subject of personal location information" means a person identified with personal location information; |
| 4. | The term "data verifying the collection of location information" means data regarding a person who has requested the collection of location information and the date, time, and methods of collection thereof (excluding location information); |
| 5. | The term "data verifying the use and provision of location information" means data regarding the person receiving location information, the channel of acquisition thereof, and the date, time, and methods of use and provision thereof (excluding location information); |
| 6. | The term "location information business" means engaging in the business of collecting location information and providing such information to location-based service providers; |
| 7. | The term "location-based service business" means engaging in the business of providing services based on location information (hereinafter referred to as "location-based services"); |
| Article 3 (Seeking Measures to Protect and Use Location Information) |
In order to ensure the safe protection and sound use, etc. of location information, the Korea Communications Commission shall seek measures including the following, after consultation with the heads of relevant central administrative agencies: <Amended on Feb. 29, 2008; Dec. 24, 2018>
| 1. | The basic policy direction for protecting and using location information; |
| 2. | Matters concerning the protection of location information (including matters relating to protection of location information of a child under the age of 14 who may not have a clear understanding of the risks and consequences arising from the processing of location information, the rights of a subject of personal location information, and other relevant issues); |
| 3. | Matters concerning the use of location information for public purposes; |
| 4. | Matters concerning the development and standardization of technology related to location information business and location-based service business; |
| 5. | Matters concerning the enhancement of safety and reliability of location information business and location-based service business; |
| 6. | Matters concerning the improvement and evaluation of the quality of location information business and location-based service business; |
| 7. | Other matters necessary for the protection and use of location information. |
| Article 4 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, the collection, storage, protection, and use of location information shall be subject to such conditions as provided in this Act. <Amended on Jun. 9, 2020>
CHAPTER II PERMISSION FOR LOCATION INFORMATION BUSINESS
| Article 5 (Registration of Location Information Business Handling Personal Location Information) |
| (1) | Any person who intends to engage in location information business handling personal location information shall file a registration with the Korea Communications Commission, while meeting the following requirements with respect to his or her trade name, location of the principal office, type and description of the relevant location information business, and major business facilities, including location information systems, etc.: |
| 1. | He or she shall be a corporation; |
| 2. | He or she shall be equipped with physical facilities necessary for attaining his or her business purposes; |
| 3. | He or she shall take technical and administrative measures for protecting personal location information and protecting the rights of the subjects of personal location information and persons falling under any subparagraph of Article 26 (1); |
| 4. | He or she shall not fall under any of the following: |
| (a) | Where an executive officer of the corporation that has filed a registration falls under any subparagraph of Article 6 (1); |
| (b) | Where three years have not passed since a corporation that has filed a registration was subjected to a disposition of revocation of registration under Article 13 (1). |
| (2) | If a person whose location information business has been registered pursuant to paragraph (1) (hereinafter referred to as "personal location information provider") intends to change matters regarding a location information system out of registered matters, he or she shall file for registration of change with the Korea Communications Commission; and if he or she intends to change the trade name or the location of the main office, he or she shall report such change to the Korea Communications Commission. |
| (3) | Upon receipt of an application for registration under paragraph (1) or for registration of change under paragraph (2), the Korea Communications Commission shall examine whether the application meets the requirements for registration and shall issue a registration certificate if the details of application are deemed appropriate. |
| (4) | The Korea Communications Commission may request the submission of data necessary for the examination under paragraph (3). |
| (5) | Where the Korea Communications Commission receives an application for registration pursuant to paragraph (1), it may attach conditions necessary for enhancing accuracy and reliability of location information, ensuring fair competition, or conducting research and development to protect personal location information, as prescribed by Presidential Decree. |
| (6) | The methods and procedures for registration, registration of change, report on change, the examination of registration of change under paragraphs (1) through (5) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Oct. 19, 2021]
| Article 5-2 (Reporting on Location Information Business Not Handling Personal Location Information) |
Any person who intends to engage in location information business not handling personal location information, shall report the following matters to the Korea Communications Commission, as prescribed by Presidential Decree:
| 2. | The location of the principal office; |
| 3. | Type and details of location information business; |
| 4. | Main business facilities, including a location information system. |
| (2) | Any person for whom one year has not passed since the person was ordered to discontinue business operations under Article 13 (1) (if the person is a corporation, including its representative) shall be prohibited from reporting another location information service business under paragraph (1). <Amended on Jun. 9, 2020> |
| (3) | If a person who has reported his or her location information business pursuant to paragraph (1) (hereinafter referred to as "object location information provider") intends to change any of the following matters already reported, the person shall report such change to the Korea Communications Commission, as prescribed by Presidential Decree: <Amended on Jun. 9, 2020; Oct. 19, 2021> |
| 2. | The location of the principal office; |
| 3. | Location information systems. |
| (4) | Upon receiving a report under paragraph (1) or a report on a change in the matter specified in paragraph (3) 3, the Korea Communications Commission shall review and accept the report if it meets the requirements of this Act. |
| (5) | If a personal location information provider has submitted documents necessary for reporting his or her location information business not handling personal location information, as at the time of filing an application for registration under Article 5 (1), such provider shall be deemed to have filed a report under paragraph (1). <Amended on Oct. 19, 2021> |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 6 (Grounds for Disqualification of Executive Officers or Employees) |
| (1) | None of the following persons shall be qualified to be an executive officer of either a personal location information provider or an object location information provider (hereinafter referred to as "location information provider"); and none of the following employees shall be designated as a person with authorized access under Article 16 (1) (hereafter in this Article referred to as a person with authorized access): <Amended on Oct. 15, 2014; Feb. 3, 2015; Dec. 1, 2015; Apr. 17, 2018; Jun. 9, 2020; Dec. 8, 2020; Oct. 19, 2021> |
| 1. | A minor, or a person under adult guardianship; |
| 2. | A person declared bankrupt but not been reinstated; |
| 6. | A person for whom three years have not elapsed since he or she received a disposition to revoke registration or an order to discontinue business operations under Article 13 (1); and in cases of a corporation, a person engaged in conduct giving rise to so revoking registration or an order to discontinue business operations, as well as its representative. |
| (2) | Where an executive officer falls or is found falling under any subparagraph of paragraph (1) as at the time he or she is appointed, he or she shall resign from office ipso facto; and where a person with authorized access falls or is found falling under any subparagraph of paragraph (1) as at the time he or she is designated, such designation shall be null and void. <Amended on Dec. 1, 2015; Jun. 9, 2020> |
| (3) | Any conduct in which a resigned executive officer is involved before his or her resignation, or in which an employee whose designation as a person with authorized access is null and void is involved before the nullification under paragraph (2), shall remain in effect. <Amended on Dec. 1, 2015; Jun. 9, 2020> |
[Title Amended on Dec. 1, 2015]
| Article 7 (Acquisition of Location Information Business or Merger of Corporations) |
| (1) | Any person who intends to acquire all or part of the business of a personal location information provider, or to merge or split off an incorporated location information provider (including split-off and merger; hereinafter the same shall apply) shall obtain authorization from the Korea Communications Commission, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Apr. 17, 2018> |
| (2) | The Korea Communications Commission shall comprehensively examine the following matters before granting authorization under paragraph (1): <Newly Inserted on Feb. 3, 2015> |
| 1. | Adequacy of financial and technical capacities and capability to manage business; |
| 2. | Impact on protecting subjects of personal location information and location-based service providers; |
| 3. | Impact on public interests, including the efficiency in using personal location information for emergency rescue and in research and development for protecting personal location information. |
| (3) | Upon receiving an application for authorization under paragraph (1), the Korea Communications Commission shall grant authorization, except in any of the following cases: <Newly Inserted on Feb. 3, 2015; Apr. 17, 2018; Oct. 19, 2021> |
| 1. | Where the application fails to pass the examination under paragraph (2); |
| 2. | Where the applicant is not a corporation; |
| 3. | Where an executive officer of the applicant corporation falls under any subparagraph of Article 6 (1); |
| 4. | Where three years have not passed since the applicant corporation’s registration was revoked or it was ordered to discontinue business operations under Article 13 (1); |
| 5. | Where the application contravenes any restriction under this Act or any other statute. |
| (4) | Where all or part of the business of an object location information provider is transferred or inherited; or where an incorporated object location information provider is merged or split off, the transferee or inheritor of the business or the corporation incorporated by the merger or split-off or the corporation surviving the merger or split-off shall report such acquisition, inheritance, merger or split-off to the Korea Communications Commission, as prescribed by Presidential Decree. <Newly Inserted on Apr. 17, 2018> |
| (5) | Upon receiving a report under paragraph (4), the Korea Communications Commission shall review and accept the report if it meets the requirements of this Act. <Newly Inserted on Apr. 17, 2018> |
| (6) | A transferee authorized under paragraph (1), a transferee or inheritor who filed a report under paragraph (4), a corporation incorporated by a merger or split-off, or a corporation surviving a merger or split-off shall succeed to the status of the transferor, the decedent, or the incorporated location information provider existing prior to the merger or split-off, respectively. <Amended on Feb. 3, 2015; Apr. 17, 2018> |
| (7) | Matters concerning the methods, procedures, etc. for filing an application for authorization under paragraph (1); detailed guidelines for examining each item under paragraph (2); and the methods, procedures, etc. for filing a report under paragraph (4), shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 3, 2015; Apr. 17, 2018> |
| Article 8 (Suspension or Discontinuation of Operations of Location Information Business) |
| (1) | If a location information provider intends to fully or partially suspend business operations, such provider shall determine the period of suspension of business operations; shall develop a plan to notify the subjects of personal location information of the suspension of business operations (only if the location information provider handles personal location information); and shall either obtain approval therefor from the Korea Communications Commission or report the plan to the Korea Communications Commission as follows. In such cases, the period of suspension of business operations shall not exceed one year: |
| 1. | Personal location information provider: Approval; |
| 2. | Object location information provider: Reporting. |
| (2) | If a location information provider intends to discontinue business operations fully or partially, such provider shall develop a plan to notify the subjects of personal location information of the discontinuation of business operations (only if the location information provider handles personal location information); and shall either obtain approval therefor from the Korea Communications Commission or report the plan to the Korea Communications Commission as follows: |
| 1. | Personal location information provider: Approval; |
| 2. | Object location information provider: Reporting. |
| (3) | A personal location information provider who has obtained approval under paragraph (1) 1 or (2) 1 shall notify the subjects of personal location information of the following matters, by not later than the scheduled date of suspension or discontinuation of business operations: |
| 1. | Approval to suspend business operations under paragraph (1) 1: The scope of the suspended location information business and the period of suspension of business operations; |
| 2. | Approval to discontinue business operations under paragraph (2) 1: The scope of the discontinued location information business and the date of discontinuation of business operations. |
| (4) | When a personal location information provider fully or partially suspends operations of his or her location information business with approval under paragraph (1) 1, or when a location information provider fully or partially discontinues operations of his or her location information business under paragraph (2), such provider shall destroy personal location information and data verifying the collection of location information as follows simultaneously with suspending or discontinuing business operations: |
| 1. | Approval to suspend business operations under paragraph (1) 1: Personal location information (limited to the personal location information, related to the suspended business operations if business operations are partially suspended); |
| 2. | Approval to discontinue business operations under paragraph (2) 1: Personal location information and data verifying the collection of location information (limited to the personal location information and the data verifying the collection of location information, related to the discontinued business operations if business operations are partially discontinued); |
| 3. | Reporting the discontinuation of business operations under paragraph (2) 2: Data verifying the collection of location information (limited to the data verifying the collection of location information related to the discontinued business operations if business operations are partially discontinued). |
| (5) | Upon receiving an application for approval of a plan to notify the subjects of personal location information on suspending or discontinuing business operations under paragraph (1) 1 or (2) 1, the Korea Communications Commission shall approve the plan, unless it is unreasonable. |
| (6) | Upon receiving a report under paragraph (1) 2 or (2) 2, the Korea Communications Commission shall review and accept the report, if it is in conformity with this Act. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for suspending and discontinuing location information business shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 17, 2018]
| Article 9 (Reporting on Location-Based Service Business) |
| (1) | Any person who intends to engage in location-based service business (excluding location-based service business not handling personal location information; hereafter the same shall apply in this Article and Articles 9-2, 10, and 11) shall report, to the Korea Communications Commission, the trade name; the principal place of business; the type of business; and main business facilities, including location information systems, etc., as prescribed by Presidential Decree. <Amended on Dec. 21, 2007; Feb. 29, 2008; Feb. 3, 2015; Apr. 17, 2018> |
| (2) | Any person for whom one year has not passed since the person was ordered to discontinue business operations under Article 13 (1) (if the person is a corporation, including its representative) shall be prohibited from reporting another location-based service business under paragraph (1). <Amended on Apr. 17, 2018; Jun. 9, 2020> |
| (3) | If a person who has reported a location-based service business under paragraph (1) intends to change any of the following, the person shall report the change to the Korea Communications Commission, as prescribed by Presidential Decree: <Amended on Apr. 17, 2018; Jun. 9, 2020; Oct. 19, 2021> |
| 2. | The location of the principal office; |
| 3. | Location information systems. |
| (4) | Where a location information provider has submitted the documents required for reporting (in cases of micro enterprises, etc. referred to in the main clause of Article 9-2 (1), referring to reporting under the proviso of that paragraph) on his or her location-based service business under paragraph (1), when filing an application for registration under Article 5 (1), such provider shall be deemed to have completed the reporting on the location-based service business under paragraph (1) (in cases of micro enterprises, etc. referred to in the main clause of Article 9-2 (1), referring to reporting under the proviso of that paragraph). <Amended on Apr. 17, 2018; Oct. 19, 2021> |
| (5) | Upon receiving a report under paragraph (1) or a report on a change in the matter specified in paragraph (3) 3, the Korea Communications Commission shall review and accept the report if it meets the requirements of this Act. <Newly Inserted on Apr. 17, 2018> |
| Article 9-2 (Reporting on Location-Based Service Business of Micro Enterprises) |
| (1) | Notwithstanding Article 9 (1), if a person who is either a micro enterprise, defined in Article 2 of the Framework Act on Micro Enterprises, or a self-employed creative enterprise, defined in Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises, (hereinafter referred to as "micro enterprise or self-employed creative enterprise") intends to engage in location-based service business, such person may do so without filing a report under Article 9 (1): Provided, That if such person intends to continue location-based service business even one month after the commencement of the business shall report the following matters to the Korea Communications Commission within one month from the commencement date of the business, as prescribed by Presidential Decree: <Amended on Feb. 4, 2020> |
| 2. | The location of the principal office; |
| 3. | Type and details of business. |
| (2) | Any person for whom one year has not passed since the person was ordered to discontinue business operations under Article 13 (1) (if the person is a corporation, including its representative) shall be prohibited from reporting another location-based service business under paragraph (1). <Amended on Jun. 9, 2020> |
| (3) | If a person who has filed a report under the proviso of paragraph (1) changes either of the following, the person shall report the change to the Korea Communications Commission within one month from the date of change, as prescribed by Presidential Decree: |
| 2. | The location of the principal office. |
| (4) | If a person who has commenced location-based service business in accordance with the main clause of paragraph (1) or a person who has filed a report in accordance with the proviso of that paragraph ceases to be a micro enterprise or self-employed creative enterprise, such person shall file a report with the Korea Communications Commission to supplement matters necessary for reporting under Article 9 (1), within one month from the date the relevant event occurs, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 10 (Acquisition of Location-Based Service Business or Merger of Corporations) |
| (1) | If the business of a person who has reported location-based service business in accordance with Article 9 (1) or the proviso of Article 9-2 (1) is fully or partially transferred or inherited; or if a corporation that has reported location-based service business in accordance with Article 9 (1) or the proviso of Article 9-2 (1) is merged or split off, the transferee or inheritor of the business or the corporation incorporated during the merger or split-off or the corporation surviving the merger or split-off shall report such event to the Korea Communications Commission, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Apr. 17, 2018> |
| (2) | Upon receiving a report under paragraph (1), the Korea Communications Commission shall review and accept the report if it meets the requirements of this Act. <Newly Inserted on Apr. 17, 2018> |
| (3) | The transferee or inheritor who has filed a report in accordance with paragraph (1) or the corporation incorporated during a merger or split-off or the corporation surviving a merger or split-off shall succeed to the status of the transferor, the decedent, or the corporation existing prior to the merger or split-off, respectively. <Amended on Apr. 17, 2018> |
| Article 11 (Suspension or Discontinuation of Operations of Location-Based Service Business) |
| (1) | If a location-based service provider intends to fully or partially suspend business operations, he or she shall determine the period of suspension; shall notify subjects of personal location information thereof by not later than 30 days before the scheduled date of suspension; and shall report to the Korea Communications Commission thereon. In such cases, the period of suspension shall not exceed one year, and the location-based service provider shall destroy personal location information (limited to personal location information related to the suspended business operations if business operations are partially suspended), simultaneously with suspending the business operations. <Amended on Feb. 29, 2008; Feb. 3, 2015; Apr. 17, 2018> |
| (2) | If a location-based service provider intends to fully or partially discontinue business operations, he or she shall notify the subjects of personal location information thereof by not later than 30 days before the date of discontinuation; and shall report to the Korea Communications Commission thereon. In such cases, personal location information and data verifying the use and provision of personal location information (limited to personal location information and data verifying the use and provision of location information related to the discontinued business operations if business operations are partially discontinued) shall be destroyed simultaneously with discontinuing the business operations. <Amended on Feb. 29, 2008; Apr. 17, 2018> |
| (3) | Matters necessary for reporting the suspension or discontinuation of operations of location-based service business; and for destroying personal location information under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Apr. 17, 2018; Jun. 9, 2020> |
[Title Amended on Apr. 17, 2018]
| Article 12 (Disclosure of Terms and Conditions of User Agreement) |
| (1) | Either of the following persons shall disclose to the public, details of the services that the person intends to provide and fee rates, terms and conditions, etc. regarding collecting, using and providing location information (hereinafter referred to as "terms and conditions") by posting such terms and conditions on the person's website or by any of the methods prescribed by Presidential Decree so that subjects of personal location information and users of the location-based service business can easily access such terms and conditions at any time; shall disclose grounds for and details of any intended amendment to such terms and conditions by any of the methods prescribed by Presidential Decree, when the person intends to amend the terms and conditions; and shall take measures to ensure that the amended terms and conditions can be easily noticed: |
| 1. | A location information provider; |
| 2. | A person who has reported his or her location-based service business in accordance with Article 9 (1) or a person who engages in location-based service business in accordance with Article 9-2 (1) (hereinafter referred to as "location-based service provider"). |
| (2) | If the Korea Communications Commission deems that the terms and conditions of a person falling under either subparagraph of paragraph (1) are likely to compromise personal location information, fair competition, or public interest, it may order such person to revise such terms and conditions. |
[This Article Wholly Amended on Apr. 17, 2018]
| Article 13 (Revocation of Registration and Discontinuation or Suspension of Business Operations) |
| (1) | In any of the following cases, the Korea Communications Commission may revoke the registration or authorization granted to a location information provider or a location-based service provider (hereinafter referred to as "location information provider, etc."); or may order a location information provider, etc. to discontinue business operations or fully or partially suspend business operations for a period of up to six months (hereinafter referred to as "suspension of business operations"): Provided, That the registration or authorization granted to a location information provider, etc. shall be revoked, or a location information provider, etc. shall be ordered to discontinue business operations, in cases falling under subparagraph 1: <Amended on Feb. 29, 2008; Feb. 3, 2015; Apr. 17, 2018; Jun. 9, 2020; Oct. 19, 2021> |
| 1. | Where a location information provider, etc. has obtained registration, registration of change, or authorization under Article 5 (1) or (2) or 7 (1) by fraud or other improper means; or has filed a report under Article 5-2 (1) or 9 (1) or the proviso of Article 9-2 (1) by fraud or other improper means; |
| 1-2. | Where a location information provider, etc. fails to fulfill any condition attached under Article 5 (5); |
| 2. | Where a location information provider, etc. fails to resume business operations, without good cause, after the period of suspension under Article 8 (1) or 11 (1); |
| 3. | Where a location information provider, etc. fails to conduct business operations for at least six consecutive months without obtaining approval or filing a report in accordance with any of the following: |
| (b) | Reporting under Article 8 (1) 2 or (2) 2; |
| 4. | Where a material change occurs to the facilities related to the collection of location information or the technical and managerial measures related to the protection of location information, thus preventing continued services; |
| 4-2. | Where the head of a relevant administrative agency requests the revocation of registration or suspension of business operations pursuant to other statutes; |
| 5. | Deleted; <Oct. 19, 2021> |
| 6. | Deleted; <Oct. 19, 2021> |
| 7. | Deleted; <Oct. 19, 2021> |
| 8. | Deleted. <Oct. 19, 2021> |
| (2) | Detailed criteria for administrative measures under paragraph (1) shall be prescribed by Presidential Decree, in consideration of types of offenses, the degree of violation, etc. <Amended on Jun. 9, 2020> |
[Title Amended on Oct. 19, 2021]
| Article 14 (Imposing Penalty Surcharges) |
| (1) | If a location information provider, etc. commits any of the following acts, the Korea Communications Commission may impose penalty surcharges not exceeding 3/100 of the sales relating to the violation: |
| 1. | Where a location information provider, etc. fails to take managerial and technical measures under Article 16 (1) or fails to record and retain data verifying the collection, use, and provision of location information under Article 16 (2) (hereinafter referred to as "data verifying the collection, use, and provision of location information"); |
| 2. | Where a location information provider, etc. fails to obtain consent from the subjects of personal location information collects personal location information beyond the scope of consent, in violation of Article 18 (1) or (2); |
| 3. | Where a location information provider, etc. fails to obtain consent from the subjects of personal location information or uses or provides personal location information beyond the scope of consent, in violation of Article 19 (1), (2), or (5); |
| 4. | Where a location information provider, etc. uses or provides to a third party, personal location information beyond the scope specified in the terms and conditions or notified to the relevant subjects, in violation of Article 21. |
| (2) | Where the suspension of business operations under Article 13 (1) is likely to substantially undermine the interests of the subjects of personal location information, the Korea Communications Commission may impose a penalty surcharge not exceeding 3/100 of the sales of the relevant location information business or location-based service business in lieu of an order for suspension of business operations. |
| (3) | Where penalty surcharges are imposed in accordance with paragraph (1) or (2), but a location information provider, etc. either refuses to submit basic materials for the calculation of sales or submits false documents, his or her sales may be estimated based on the accounting documents, such as financial statements, and operational status, such as the number of subscribers and usage fees, of similar-sized location information providers, etc.: Provided, That a penalty surcharge of up to 400 won million may be imposed on a personal location information provider or a location-based service provider having no revenues or revenues difficult to be calculated as prescribed by Presidential Decree. |
| (4) | In imposing penalty surcharges under paragraph (1), the Korea Communications Commission shall consider the following matters: |
| 1. | Details and degree of the violation; |
| 2. | Period and frequency of the violation; |
| 3. | The amount of profits acquired from the violation. |
| (5) | Standards for imposing penalty surcharges under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (6) | If a person liable to pay a penalty surcharge under paragraphs (1) and (2) fails to do so by the payment deadline, the Korea Communications Commission shall collect additional charges equivalent to 6/100 per annum of the unpaid penalty surcharge from the day following the payment deadline. In such cases, the period for the collection of the penalty surcharge shall not exceed 60 months. |
| (7) | Where a person liable to pay a penalty surcharge under paragraphs (1) and (2) fails to do so by the payment deadline, the Korea Communications Commission shall demand that the payment be made within a specified period; and where the penalty surcharge and additional charges under paragraph (6) are not paid within the specified period, the Korea Communications Commission shall collect such penalty surcharge and additional charges in the same manner as national taxes are collected. |
[This Article Wholly Amended on Oct. 19, 2021]
CHAPTER III PROTECTION OF LOCATION INFORMATION
SECTIONS 1 Common Provisions
| Article 15 (Prohibition on Collection of Location Information) |
| (1) | No one shall collect, use, or provide any location information without consent of the subject of relevant location information: Provided, That this shall not apply in any of the following cases: <Amended on May 14, 2012; Apr. 17, 2018> |
| 1. | Where an emergency rescue agency requests emergency rescue under Article 29 (1) or for the issuance of a warning under Article 29 (7); |
| 2. | Where a police agency makes a request under Article 29 (2); |
| 3. | Where special provisions in other statutes so require. |
| (2) | No one shall obtain personal location information about another person by deceiving a personal location information provider or a location-based service provider (hereinafter referred to as "personal location information provider or a location-based service provider"), by copying the person’s telecommunications device or misappropriating such information. <Amended on Apr. 17, 2018> |
| (3) | Any person who sells, lends, or transfers an object with a built-in device capable of collecting location information shall notify the person who purchases, borrows, or acquires such object of the fact that the object has such built-in device capable of collecting location information. <Amended on Apr. 17, 2018; Jun. 9, 2020> |
| Article 16 (Measures for Protecting Location Information) |
| (1) | A location information provider, etc. shall take managerial measures, such as establishing guidelines on processing and managing location information to prevent the leakage, alteration, impairment, etc. of location information or designating those with authorized access, and take technical measures, such as installing a firewall or using encryption software. In such cases, details of the managerial and technical measures shall be prescribed by Presidential Decree. <Amended on Oct. 19, 2021> |
| (2) | Each location information provider, etc. shall cause data verifying the collection, use, and provision of location information to be automatically recorded and preserved in a location information system. |
| (3) | In order to protect location information and prevent abuse and misuse of location information, the Korea Communications Commission may authorize affiliated public officials to examine details of the technical and managerial measures taken under paragraph (1), and the preservation status of records under paragraph (2), as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 9, 2020> |
| (4) | Each public official who examines the details of the technical and managerial measures and the status of preservation of records under paragraph (3), shall carry a certificate indicating his or her authority and produce it to persons involved. <Amended on Feb. 3, 2015> |
| Article 17 (Prohibition on Divulging Location Information) |
No location information provider, etc. nor their current or former employees shall divulge, alter, impair, or disclose any location information acquired in the course of performing their duties. <Amended on Jun. 9, 2020>
| Article 17-2 (Notification of Processing of Location Information to Subjects of Personal Location Information) |
Where any location information provider, etc. notify matters regarding processing of location information to a subject of personal location information, such provider, etc. shall use an easy-to-understand form and clear and plain language.
[This Article Newly Inserted on Dec. 24, 2018]
SECTION 2 Protection of Personal Location Information
| Article 18 (Collection of Personal Location Information) |
| (1) | Where any location information provider intends to collect personal location information, such provider shall specify, in advance, the following in his or her terms and conditions; and shall obtain consent from the subjects of personal location information: <Amended on Apr. 17, 2018; Jun. 9, 2020; Oct. 19, 2021> |
| 1. | Trade name, address, phone number and other contact information of the location information provider; |
| 2. | Rights held by the subjects of personal location information and their legal representatives (limited to where the consent of a legal representative is required under Article 25 (1)) and methods of exercising such rights; |
| 3. | Details of the services to be provided by the location information provider to a location-based service provider; |
| 4. | Grounds for and period of retaining data verifying the collection of location information; |
| 4-2. | The purpose and period of retaining personal location information; |
| 5. | Other matters prescribed by Presidential Decree as necessary for protecting personal location information. |
| (2) | A subject of personal location information may withdraw his or her consent for part of the scope of personal location information collected and the terms and conditions, when he or she has given consent under paragraph (1). <Amended on Jun. 9, 2020> |
| (3) | Where any location information provider collects personal location information, he or she shall collect such information to the minimum extent necessary for attaining the purpose of the collection. |
| Article 19 (Use or Provision of Personal Location Information) |
| (1) | Where any location-based service provider intends to provide services using personal location information, such provider shall specify, in advance, the following in his or her terms and conditions; and shall obtain consent from the subjects of personal location information: <Amended on Apr. 17, 2018; Jun. 9, 2020; Oct. 19, 2021> |
| 1. | Trade name, address, phone number and other contact information of the location-based service provider; |
| 2. | Rights held by the subjects of personal location information and their legal representatives (limited to where the consent of a legal representative is required under Article 25 (1)) and methods of exercising such rights; |
| 3. | Details of the location-based services to be provided by the location-based service provider; |
| 4. | Grounds and period for retaining data verifying the use or provision of location information; |
| 4-2. | The purpose and period of retaining personal location information; |
| 5. | Other matters prescribed by Presidential Decree as necessary for protecting personal location information. |
| (2) | Where any location-based service provider intends to provide personal location information to a third party designated by a subject of personal location information, such service provider shall specify details referred to in the subparagraphs of paragraph (1) in his or her terms and conditions; shall inform the subject of personal location information, of the designated recipient of the personal location information and the purpose of provision; and shall obtain his or her consent. |
| (3) | Where any location-based service provider provides personal location information to a third party designated by a subject of personal location information under paragraph (2), such service provider shall immediately notify, on each occasion, the subject of personal location information, of the designated recipient of such information; and of the date, time, and purpose of such provision. <Amended on Jun. 9, 2020> |
| (4) | Notwithstanding paragraph (3), a location-based service provider may give notice of the occasions altogether to a subject of personal location information at a maximum interval of 30 days in accordance with the guidelines prescribed by Presidential Decree for frequency, period, etc., if such service provider has obtained consent thereto from the subject, as prescribed by Presidential Decree. <Newly Inserted on Feb. 3, 2015> |
| (5) | When a subject of personal location information gives consent under paragraph (1), (2), or (4), he or she may defer his or her consent as to the purposes of using and providing personal location information; the scope of the persons eligible to receive the information; some of the location-based services; and the methods of notifying the subject of personal location information. <Amended on Feb. 3, 2015> |
| Article 20 (Provision of Personal Location Information by Location Information Providers) |
| (1) | In order to attain the purposes of using or providing personal location information under Article 19 (1) or (2), any location-based service provider that has obtained consent from the subjects of personal location information pursuant to Article 19 (1) or (2) may request the location information provider that has collected the relevant personal location information to provide such information. In such cases, no location information provider shall refuse to provide such information without good cause. <Amended on Jun. 9, 2020> |
| (2) | Procedures for, and method of location information providers' providing personal location information to location-based service providers pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 9, 2020> |
| Article 21 (Restriction on Use and Provision of Personal Location Information) |
Unless a location information provider, etc. have obtained consent from a subject of personal location information or except in the following cases, they shall neither use personal location information or data verifying the collection, use, and provision of location information beyond the scope specified in their terms and conditions or notified to the subject in accordance with Articles 18 (1) and 19 (1) and (2) nor provide such information to any third party: <Amended on Feb. 3, 2015> | 1. | Where data verifying the collection, use, and provision of location information are required to calculate fees related to the provision of location information and location-based services; |
| 2. | Where data is processed in such a way that any specific person cannot be identified, and provided for the purpose of statistics, academic research, or market research. |
| Article 21-2 (Disclosure of Privacy Policy) |
| 1. | The purpose of processing, and the period of retaining, personal location information; |
| 2. | Grounds for and the period of retaining data verifying the collection, use, and provision of location information; |
| 3. | Procedures and methods for destroying personal location information; |
| 4. | Matters regarding the provision of personal location information to a third party; |
| 5. | Other matters prescribed by Presidential Decree with respect to the processing of personal location information. |
[This Article Newly Inserted on Oct. 19, 2021]
| Article 22 (Notification of Transfer of Business) |
Any person who has succeeded to the rights and obligations of a location information provider, etc. as a result of the full or partial transfer, merger, inheritance, etc. of their business (hereinafter referred to as "transfer, etc."), shall notify the following to the subjects of personal location information within 30 days, as prescribed by Presidential Decree: <Amended on Jun. 9, 2020>
| 1. | Full or partial transfer, etc. of the business; |
| 2. | Name, address, phone number and other contact information of the person who has succeeded to the rights and obligations of the location information provider, etc.; |
| 3. | Other matters prescribed by Presidential Decree as necessary for the protection of personal location information protection. |
| Article 23 (Destruction of Personal Location Information) |
| (1) | When any location information provider, etc. attains the purpose of collecting, using, or providing personal location information, he or she shall immediately destroy any personal location information other than data verifying the collection, use, and provision of location information that shall be recorded and retained in accordance with Article 16 (2): Provided, That personal location information may be retained where it is required under other statutes or where any good cause prescribed by Presidential Decree exists. <Amended on Jun. 9, 2020; Oct. 19, 2021> |
| (2) | When any location information provider, etc. destroys personal location information pursuant to paragraph (1), he or she shall take necessary measures, such as measures for preventing such information from being recovered or refreshed. <Newly Inserted on Oct. 19, 2021> |
| (3) | The Korea Communications Commission may require public officials under its jurisdiction to inspect the status of destroying personal location information under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted on Oct. 19, 2021> |
| (4) | Any public official who conducts an inspection of the status of destroying personal location information, etc. under paragraph (3) shall carry identification indicating his or her authority, and present it to relevant persons. <Newly Inserted on Oct. 19, 2021> |
| (5) | Matters necessary for the methods and procedures, etc. for destroying personal location information shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 19, 2021> |
SECTION 3 Rights Held by Subjects of Personal Location Information
| Article 24 (Rights Held by Subjects of Personal Location information) |
| (1) | Any subject of personal location information may, at any time, fully or partially withdraw consent given to a location information provider, etc. under Article 18 (1) or 19 (1), (2), or (4). <Amended on Feb. 3, 2015> |
| (2) | Any subject of personal location information may request, at any time, a location information provider, etc. to temporarily suspend collecting, using, or providing location information. In such cases, the location information provider, etc. shall not refuse such request and shall take technical measures accordingly. |
| (3) | Any subject of personal location information may request a location information provider, etc. to permit him or her to inspect any of the following data or records; or to give notice of any of the following data or records; and may request a location information provider, etc. to correct any error found in relevant data or records. In such cases, no location information provider, etc. shall refuse such request without good cause: <Amended on Feb. 3, 2015> |
| 1. | Data verifying the collection, use, and provision of personal location information which relates to the principal; |
| 2. | The ground on which his or her personal location information was provided to a third party pursuant to the provisions of this Act or other statutes, and the relevant details. |
| (4) | Where any subject of personal location information fully or partially withdraws consent pursuant to paragraph (1), the location information provider, etc. shall, without delay, destroy the personal location information collected so far, as well as the data verifying the collection, use, and provision of location information (limited to personal location information and data verifying the use and provision of location information for the part of which consent is withdrawn, if consent is partially withdrawn). <Amended on Apr. 17, 2018; Jun. 9, 2020> |
| Article 25 (Rights Held by Legal Representatives) |
| (1) | Where any location information provider, etc. intend to collect, use, or provide personal location information from children under 14 years of age pursuant to Article 18 (1), 19 (1) or (2), or 21, they shall obtain the consent of their legal representatives and confirm whether such legal representatives give the consent as prescribed by Presidential Decree. <Amended on Dec. 24, 2018; Jun. 9, 2020> |
| (2) | Articles 18 (2), 19 (5), and 24 shall apply mutatis mutandis where a legal representative gives consent under paragraph (1). In such cases, "subject of personal location information" shall be construed as "legal representative". <Amended on Feb. 3, 2015; Jun. 9, 2020> |
| Article 26 (Use of Location Information for Protecting Children Eight Years or Younger) |
| (1) | Where the legal guardian of any of the following persons (hereinafter referred to as "child eight years or younger, etc.") gives consent to collecting, using, or providing personal location information regarding the child eight years or younger, etc., for the protection of the latter's health or safety, it shall be deemed that the child, etc. personally consent thereto: <Amended on Apr. 11, 2007; Oct. 15, 2014; Feb. 3, 2015> |
| 1. | A child eight years or younger; |
| 2. | A person under adult guardianship; |
| (2) | The legal guardian of a child eight years or younger, etc. referred to in paragraph (1), means any of the following persons who provides de facto protection for the child, etc.: <Amended on Apr. 11, 2007; Mar. 30, 2011; Oct. 15, 2014; Feb. 3, 2015; May 29, 2016; Apr. 17, 2018; Jun. 9, 2020> |
| 2. | The legal representative of a person under adult guardianship; |
| (3) | Requirements for giving consent under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (4) | Articles 18 through 22 and 24 shall apply mutatis mutandis where legal guardians give their consent pursuant to paragraph (2). In such cases, "subject of personal location information" shall be construed as "legal guardian." <Amended on Jun. 9, 2020> |
| Article 27 (Compensation for Damages) |
Where a subject of personal location information suffers damage because a location information provider, etc. have violated Articles 15 through 26, he or she may claim damages against the location information provider, etc. In such cases, the location information provider, etc. shall not be exempt from liabilities unless they prove that there was no intention or negligence on their part. <Amended on Jun. 9, 2020>
| Article 28 (Mediation in Disputes) |
| (1) | Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the relevant location information provider, etc. may file a petition for adjudication with the Korea Communications Commission. <Amended on Feb. 29, 2008; Feb. 3, 2015> |
| (2) | Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the relevant location information provider, etc. or the user may file a petition for mediation with the Personal Information Dispute Mediation Committee established under Article 40 of the Personal Information Protection Act. <Amended on Mar. 23, 2013> |
CHAPTER IV USE OF PERSONAL LOCATION INFORMATION FOR EMERGENCY RESCUE
| Article 29 (Use of Personal Location Information for Emergency Rescue) |
| (1) | Where any subject of personal location information, his or her spouse or blood-relative within the second degree, or a guardian of a minor under Article 928 of the Civil Act (hereinafter referred to as "spouse, etc.") requests emergency rescue to protect health or safety from imminent danger, an emergency rescue agency referred to in subparagraph 7 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "emergency rescue agency") may determine whether it is an emergency; and may request a location information provider to provide personal location information. In such cases, no spouse, etc. shall request emergency rescue for any purpose other than emergency rescue. |
| (2) | The National Police Agency, City/Do police agencies, and police stations under the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as "police agency") may request a location information provider to provide any of the following personal location information: Provided, That if a police agency intends to obtain personal location information regarding a person who has requested rescue to protect another person's health or safety (hereinafter referred to as "witness") under subparagraph 1, it shall obtain consent from such witness: <Amended on Dec. 22, 2020> |
| 1. | Where rescue has been requested for protecting any person, including the witness or person requiring rescue from imminent health- or life-threatening danger (hereinafter referred to as "rescuee"), personal location information regarding the witness; |
| 2. | Where a rescuee has requested rescue from any third person, the personal location information regarding such rescuee; |
| 3. | Where a custodian defined in subparagraph 3 of Article 2 of the Act on the Protection and Support of Missing Children (hereinafter referred to as "custodian") has requested emergency rescue of a missing child, etc. defined in subparagraph 2 of Article 2 of that Act (hereinafter referred to as "missing child, etc.") for protecting the latter's health or safety, the personal location of such missing child, etc. |
| (3) | Where any third person has requested rescue from a police agency pursuant to paragraph (2) 2, the police agency shall confirm the intention of the rescuee. |
| (4) | Requests for emergency rescue under paragraphs (1) and (2) shall be made only by calling special phone numbers prescribed by Presidential Decree and assigned for the sake of maintaining public order and promoting public interest. <Amended on Apr. 17, 2018> |
| (5) | When making a request under paragraphs (1) and (2), an emergency rescue agency and a police agency may request all or some of personal location information collected by location information providers using positioning methods they respectively use. In such cases, any location information provider in receipt of a request under paragraph (1) or (2) may collect personal location information without consent of the relevant subject of personal location information; and shall not refuse to comply with such request by an emergency rescue agency or a police agency on account of the absence of consent from the subject of personal location information. <Amended on Oct. 19, 2021> |
| (6) | Where any emergency rescue agency, location information provider, or police agency requests or provides personal location information pursuant to paragraph (1) or (2), it shall immediately notify the relevant subject of personal location information, of such fact: Provided, That where such immediate notification appears likely to threaten the health or safety of the subject of personal location information, the notification shall be made without delay after the relevant grounds have ceased. |
| (7) | In order to warn subjects of personal location information located in disaster areas or potential disaster areas, such as typhoon, heavy rain, fire and chemical, biological, and radiological (CBR) accidents, of the dangers to their lives or bodies, any emergency rescue agency may request a location information provider to issue a warning, as prescribed by Presidential Decree; and no location information provider so requested shall refuse such request to issue a warning on the ground that consent is withheld by the subjects of personal location information in the disaster areas. |
| (8) | No emergency rescue agency or police agency, nor any current or former emergency rescue worker, shall use personal location information provided for emergency rescue, for any purpose other than for emergency rescue. |
| (9) | Where a police agency has requested to provide personal location information under paragraph (2), it shall keep the following matters, as prescribed by Presidential Decree, and where a subject of personal location information requests the police agency to confirm, inspect or copy the collected personal location information, it shall comply with such request without delay: <Amended on Apr. 17, 2018> |
| 1. | The requesting person; |
| 2. | The date and purpose of the request; |
| 3. | Details of information provided by the location information provider; |
| 4. | Consent to collecting personal location information (limited to the cases falling under the proviso of paragraph (2)). |
| (10) | Matters necessary for requests for emergency rescue under paragraphs (1) and (2); confirmation of an intention under paragraph (3); and the method of, and procedures for, the issuing of warnings under paragraph (7), shall be prescribed by Presidential Decree. |
| (11) | No emergency rescue agency or police agency shall inform any third party of the personal location information provided under paragraph (1) or (2): Provided, That the foregoing shall not apply to the following cases: <Newly Inserted on Feb. 3, 2015> |
| 1. | Where the subject of personal location information has consented thereto; |
| 2. | Where the personal location information is provided to another emergency rescue agency or another police agency where emergency rescue activities are inevitable. |
[This Article Wholly Amended on May 14, 2012]
| Article 30 (Requests for Personal Location Information, and Method Thereof) |
| (1) | Where any emergency rescue agency or police agency requests a location information provider to provide personal location information pursuant to Article 29 (1) and (2), it shall do so using a location information system; and where any location information provider receives a request from an emergency rescue agency or a police agency to provide personal location information, it shall do so using a location information system. <Amended on May 14, 2012> |
| (2) | Emergency rescue agencies and police agencies shall report data about the requests for, and providing, personal location information under paragraph (1) and Article 29 (11), to the Public Administration and Security Committee of the National Assembly semi-annually; while location information providers shall report such data to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly semi-annually: Provided, That data about the requests for, and the provision of, such information under paragraph (1) shall be reported separately from data about requests for, and providing, such information under Article 29 (11). <Newly Inserted on May 14, 2012; Mar. 23, 2013; Feb. 3, 2015; Jul. 26, 2017> |
| (3) | Matters necessary for requests by emergency rescue agencies and police agencies under paragraph (1) and for reporting under paragraph (2) shall be prescribed by Presidential Decree. <Amended on May 14, 2012> |
[Title Amended on May 14, 2012]
| Article 30-2 (Use of Computerized Information about Registration of Family Relationships) |
Upon receiving a request for emergency rescue under Article 29 (1), an emergency rescue agency may request the Minister of the National Court Administration to provide it with computerized data about registration under Article 11 (6) of the Act on the Registration of Family Relationships, so as to verify the relationship between the person requesting emergency rescue and the subject of personal location information. [This Article Newly Inserted on Feb. 3, 2015]
| Article 31 (Reduction of, and Exemption from, Costs) |
Where any location information provider issues a warning pursuant to Article 29 (7) or provides personal location information to an emergency rescue agency or a police agency pursuant to Article 30 (1), costs incurred therein may be reduced or exempt. <Amended on May 14, 2012>
| Article 32 (Submission of Statistical Data) |
| (1) | Each location information provider shall submit statistical data regarding the issuance of warnings under Article 29 (7) and providing personal location information under Article 30 (1) to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly and the Korea Communications Commission respectively semi-annually. <Amended on Feb. 29, 2008; May 14, 2012; Apr. 17, 2018; Jun. 9, 2020> |
| (2) | Such matters as methods for submitting statistical data under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Apr. 17, 2018> |
CHAPTER V CREATION OF INFRASTRUCTURE FOR USE OF LOCATION INFORMATION
| Article 33 (Development of Technology) |
| (1) | In order to efficiently promote the development of technologies and devices related to collecting, using, or providing location information, the Minister of Science and ICT or the Korea Communications Commission may authorize relevant research institutes prescribed by Presidential Decree to perform projects for research and development, technical cooperation, technology transfer, technical guidance, etc. (hereafter in this Article, referred to as "research and development, etc."). In such cases, the Minister of Science and ICT or the Korea Communications Commission shall consult with the heads of related central administrative agencies thereon. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (2) | The Minister of Science and ICT or the Korea Communications Commission may fully or partially subsidize research institutes for expenses they incur in performing research and development, etc. projects pursuant to paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| Article 34 (Promotion of Standardization) |
| (1) | The Minister of Science and ICT and the Korea Communications Commission may establish standards for collecting, using, or providing location information for the protection and use thereof and publicly announce them, in consultation with the heads of related central administrative agencies: Provided, That the Korean Industrial Standards under Article 12 of the Industrial Standardization Act shall apply to the matters for which relevant Korean Industrial Standards are established. <Amended on May 25, 2007; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT and Future Planning and the Korea Communications Commission may recommend a location information provider, etc. or a manufacturer or supplier of products related to location information to comply with the standards under paragraph (1). <Amended on Feb. 29, 2008; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | Matters to be standardized under paragraph (1) shall be as follows: <Amended on Mar. 13, 2009> |
| 1. | Technologies related to protecting and certifying location information; |
| 2. | Technologies related to collecting, storing, managing, and providing location information; |
| 3. | Technologies related to emergency rescue and other public services; |
| 4. | Other base technologies related to protecting and using location information. |
| (4) | Matters necessary for the method, and procedures for standardization under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 13, 2009> |
| (5) | The Minister of Science and ICT and the Korea Communications Commission may render assistance in activities for the standardization of collecting, using, and providing location information. <Amended on Feb. 29, 2008; Mar. 13, 2009; Mar. 23, 2013; Jul. 26, 2017> |
| Article 35 (Promotion of Use of Location Information) |
| (1) | The Korea Communications Commission, following consultation with the heads of related central administrative agencies, may implement projects for the efficient utilization and promotion of related technologies and application services in various fields, such as the public sector, industry, living, and welfare, for the purpose of protecting and using location information, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 9, 2020> |
| (2) | The Korea Communications Commission may provide persons participating in any of the projects under paragraph (1) with technical and financial assistance as necessary. <Amended on Feb. 29, 2008; Jun. 9, 2020> |
| Article 35-2 (Korea Location Information Industry Association) |
| (1) | Persons who run location information business and location-based service business-related business may establish a Korea location information industry association (hereafter in this Article referred to as "Association") after obtaining authorization from the Korea Communications Commission in order to develop the location information industry. |
| (2) | The Association shall be a corporation. |
| (3) | Except as provided in this Act, the provisions concerning the incorporated association in the Civil Act shall apply mutatis mutandis to the Association. |
| (4) | The Government may provide the Association with support necessary to perform its business within the budget. |
| (5) | Matters necessary for procedures for authorization, business, supervision, etc. of the Association shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 19, 2021]
CHAPTER V-2 SUPPLEMENTARY PROVISIONS
| Article 36 (Requests for Submission of Materials and Inspections) |
| (1) | In any of the following cases, the Korea Communications Commission may request a location information provider, etc. to submit necessary materials, including relevant articles and documents: |
| 1. | Where the Korea Communications Commission becomes aware of a violation or suspected violation of this Act; |
| 2. | Where the Korea Communications Commission receives a report or complaint about a violation of this Act; |
| 3. | Where it is necessary to protect location information on any other ground prescribed by Presidential Decree. |
| (2) | If a location information provider, etc. fail to submit the materials under paragraph (1) or are found to have violated this Act, the Korea Communications Commission may authorize its public officials to enter the place of business of the location information provider, etc. and inspect the status of operation of business, relevant articles and documents, facilities, equipment, etc. In such cases, Article 16 (4) shall apply mutatis mutandis. |
| (3) | The Korea Communications Commission shall regularly inspect the actual status of matters related to the registration, etc. of location information business handling personal location information under Article 5 at least once a year, as prescribed by Presidential Decree. In such cases, a personal location information provider may be requested to submit necessary materials, such as relevant articles and documents. <Newly Inserted on Oct. 19, 2021> |
| (4) | If the Korea Communications Commission deems it necessary for a regular inspection on the actual status under paragraph (3), it may require that public officials under its jurisdiction enter the place of business, etc. of a personal location information provider to inspect the business situation, related articles, documents, facilities, equipment, etc. In such cases, Article 16 (4) shall apply mutatis mutandis. <Newly Inserted on Oct. 19, 2021> |
[This Article Wholly Amended on Feb. 3, 2015]
| Article 36-2 (Corrective Measures) |
| (1) | The Korea Communications Commission may order a person who violates this Act to take measures necessary to rectify the violation, such as the discontinuance of the relevant violation, and may order a person ordered to take corrective measures to publish the fact that he or she has been ordered to take corrective measures. In such cases, matters necessary for the methods, criteria, procedures, etc. for publication shall be prescribed by Presidential Decree. |
| (2) | Where an order for corrective measures is issued under the former part of paragraph (1), the Korea Communications Commission may disclose such fact. In such cases, matters necessary for the methods, criteria, procedures, etc. for disclosure shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 19, 2021]
Where the Korea Communications Commission intends to revoke registration or authorization or order to discontinue business operations in accordance with Article 13, it shall hold a hearing. <Amended on Feb. 29, 2008; Jun. 9, 2020; Oct. 19, 2021>
| Article 38 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Korea Communications Commission vested under this Act, may be delegated to the heads of its affiliated agencies, as prescribed by Presidential Decree. |
| 1. | Inspection, conducted pursuant to Article 16 (3), of technical and managerial measures and the preservation status of records thereof (limited to affairs related to technical support); |
| 2. | Affairs regarding the inspection of the status of destroying personal location information pursuant to Article 23 (3); |
| 4. | Affairs regarding requesting the submission of materials and conducting inspections under Article 36 (1) through (4) (limited to affairs related to technical support). |
[This Article Wholly Amended on Feb. 3, 2015]
| Article 38-2 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
The executive officers and employees of the Korea Internet and Security Agency or the Telecommunications Technology Association engaging in the affairs entrusted by the Korea Communications Commission pursuant to Article 38 (2), shall be deemed as public officials for purposes of applying penalty provisions under Articles 129 through 132 of the Criminal Act to them. [This Article Newly Inserted on Feb. 3, 2015]
| Article 38-3 (Provisions Applicable Mutatis Mutandis) |
Articles 16 (1) and (3), 17, 28 (1), 34, 35, and 36 (1) and (2) shall apply mutatis mutandis to persons who engage in location-based service business not handling personal location information. <Amended on Oct. 19, 2021> [This Article Newly Inserted on Feb. 3, 2015]
CHAPTER VI? PENALTY PROVISIONS
| Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on May 14, 2012; Feb. 3, 2015; Apr. 17, 2018; Oct. 19, 2021>
| 1. | Any person who engages in location information business without filing registration, in violation of Article 5 (1); or who has filed registration by fraud or other improper means; |
| 2. | Any person who divulges, alters, impairs, or discloses personal location information, in violation of Article 17; |
| 3. | Any person who collects, uses, or provides personal location information to another person, without consent thereto from the subject of the personal location information; or beyond the scope of consent, in violation of Article 18 (1) or (2) or 19 (1), (2), or (5); or who receives personal location information for profit or for any unlawful purpose, although he or she is aware of such circumstance; |
| 4. | Any person who uses or provides to a third party, personal location information beyond the scope specified in the terms and conditions or notified to the relevant subjects, in violation of Article 21; |
| 5. | Any person who uses personal location information for any purpose other than emergency rescue, in violation of Article 29 (8); |
| 6. | Any person who provides or receives personal location information, without consent thereto from the subject of the personal location information; or for any purpose other than emergency rescue, in violation of Article 29 (11). |
| Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Dec. 21, 2007; Feb. 3, 2015; Apr. 17, 2018; Oct. 19, 2021>
| 1. | Any person who engages in location information business without filing for registration of change, or who has filed for registration of change by fraud or other improper means, in violation of Article 5 (2); |
| 1-2. | Any person who engages in location information business not handling personal location information, without reporting in violation of Article 5-2 (1); or who reports such business by fraud or other improper means; |
| 2. | Any person who engages in location-based service business, without reporting in violation of Article 9 (1), the proviso of Article 9-2 (1) or Article 9-2 (4); or who reports by fraud or other improper means; |
| 3. | Any person who violates an order issued to discontinue business operations under Article 13 (1); |
| 4. | Any person who collects, uses, or provides personal location information regarding an individual without the individual’s consent, in violation of Article 15 (1); |
| 5. | Any person who obtains personal location information regarding another person by deceiving a personal location information provider or location-based service provider by copying the person’s telecommunications device or misappropriating such information, in violation of Article 15 (2). |
| Article 40-2 (Penalty Provisions) |
A person who fails to destroy personal location information in violation of Article 23 (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. [This Article Newly Inserted on Oct. 19, 2021]
| Article 41 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 20 million won: <Amended on May 14, 2012; Feb. 3, 2015; Apr. 17, 2018; Jun. 9, 2020>
| 1. | Any person who changes a location information system, without reporting the change, in violation of Article 5-2 (3) 3 or 9 (3) 3, or who reports a change in a location information system by fraud or other improper means; |
| 2. | Any person who fails to destroy location information, in violation of Article 8 (4) or 11 (1) or (2); |
| 3. | Any person who violates an order issued to discontinue business operations under Article 13 (1); |
| 4. | Any person who fails to take technical and managerial measures in violation of Article 16 (1) (including persons to whom said provisions shall apply mutatis mutandis pursuant to Article 38-3); |
| 4-2. | Any person who fails to ensure that data verifying the collection, use, and provision of location information are to be automatically recorded and preserved in a location information system, in violation of Article 16 (2); |
| 5. | Any person who refuses a request by an emergency rescue agency or a police agency, in violation of Article 29 (5); or who refuses to issue a warning, in violation of Article 29 (7). |
| Article 42 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation described in Articles 39 through 41 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation [This Article Wholly Amended on Mar. 17, 2010]
| Article 43 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Feb. 3, 2015; Apr. 17, 2018; Jun. 9, 2020> |
| 1. | Deleted; <Oct. 19, 2021> |
| 2. | Any person who acquires a business or merges or splits off a business, without authorization, in violation of Article 7 (1); |
| 3. | Any person who fully or partially suspends or discontinues business operations, without obtaining approval, in violation of Article 8 (1) or (2); |
| 4. | Any person who refuses to provide personal location information, in violation of Article 20 (1); |
| 5. | Any person who refuses a request for temporary suspension or fails to take a technical measure, in violation of Article 24 (2). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on May 14, 2012; Feb. 3, 2015; Apr. 17, 2018; Dec. 24, 2018; Jun. 9, 2020; Oct. 19, 2021> |
| 1. | Any person who fails to report the acquisition, inheritance, merger, or split-off of a business or who reports the acquisition, inheritance, merger, or split-off of a business by fraud or other improper means, in violation of Article 7 (4) or 10 (1); |
| 2. | Any person who fails to report the whole or partial suspension or discontinuation of business operations, in violation of Article 8 (1) or (2) or 11 (1) or (2); |
| 3. | Any person who fails to disclose terms and conditions or grounds for and details of an amendment to the terms and conditions, in violation of Article 12 (1); |
| 3-2. | Any person who violates an order to amend terms and conditions under Article 12 (2); |
| 4. | Any person who fails to notify that an object has a built-in device capable of collecting location information, in violation of Article 15 (3); |
| 5. | Any person who fails to perform a duty to specify terms and conditions in violation of Article 18 (1) or 19 (1); |
| 6. | Any person who collects personal location information, in violation of Article 18 (3); |
| 7. | Any person who fails to give information or notice, in violation of Article 19 (2) through (4); |
| 7-2. | Any person who fails to formulate or disclose Privacy Policy for personal location information under Article 21-2; |
| 8. | Any person who fails to notify transfer, etc. of business, in violation of Article 22; |
| 8-2. | Any person who fails to take measures necessary to destroy personal location information, in violation of Article 23 (2); |
| 8-3. | Any person who fails to destroy personal location information and data verifying the collection, use, and provision of location information, in violation of Article 24 (4); |
| 9. | Any person who refuses a request for inspection, notification, or correction, in violation of Article 24 (3); |
| 10. | Any person who collects, uses, or provides personal location information without obtaining the consent of the relevant legal representative or without confirming that such legal representative gives the consent, in violation of Article 25 (1); |
| 11. | Any person who requests emergency rescue under Article 29 (1) or (2), by fraud; |
| 12. | Any person who fails to notify providing personal location information, in violation of Article 29 (6); |
| 13. | Any person who fails to submit relevant articles, documents, etc. under Article 36 (1) and the latter part of Article 36 (3); or who submits any false article or document (including persons to whom those provisions shall apply mutatis mutandis pursuant to Article 38-3); |
| 14. | Any person who, without good cause, refuses, interferes with, or evades an inspection under Articles 36 (2) and 36 (4) (including persons to whom those provisions shall apply mutatis mutandis pursuant to Article 38-3); |
| 15. | Any person who fails to comply with an order to take corrective measures or an order to make publication issued by the Korea Communications Commission under Article 36-2 (1). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Feb. 3, 2012; Apr. 17, 2014; Oct. 19, 2021> |
| 1. | Any person who changes the trade name or principal place of business, without reporting such change; or who reports a changed trade name or principal place business by fraud or other improper means, in violation of Article 5 (2), 5-2 (3), 9 (3) 1 or 2, or 9-2 (3); |
| 2. | Any person who fails to submit statistical data, in violation of Article 32. |
| (4) | Administrative fines under paragraphs (1), (2) (excluding subparagraph 11), and (3) shall be imposed and collected by the Korea Communications Commission, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Feb. 3, 2015; Jun. 9, 2020> |
| (5) | Deleted. <Feb. 3, 2015> |
| (6) | Deleted. <Feb. 3, 2015> |
| (7) | Deleted. <Feb. 3, 2015> |
| (8) | Administrative fines under paragraph (2) 11 shall be imposed and collected by the heads of emergency rescue agencies or the heads of police agencies, as prescribed by Presidential Decree. <Amended on May 14, 2012> |
| (9) | Deleted. <Feb. 3, 2015> |
ADDENDA <Act No. 7372, Jan. 27, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 29 through 32, subparagraph 5 of Article 41, Article 43 (2) 11 and 12, and Article 43 (8) shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Permission for Location Information Business) Each person who engages in local information business as at the time this Act enters into force shall obtain permission from the Minister of Information and Communications in accordance with Article 5 (1), within three months from the date this Act enters into force. |
| (3) | (Transitional Measures concerning Reporting on Location-Based Service Business) Each person who engages in location-based service business as at the time this Act enters into force shall report his/her business to the Minister of Information and Communications in accordance with Article 9 (1), within three months from the date this Act enters into force. |
| (4) | (Transitional Measures concerning Terms and Conditions) Each person who engages in location information business or location-based service business as at the time this Act enters into force shall prepare terms and conditions under Article 12 (1) within three months from the date this Act enters into force and shall report them to the Minister of Information and Communications. |
ADDENDUM <Act No. 8002, Sep. 27, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 8775, Dec. 21, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8867, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9481, Mar. 13, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 9483, Mar. 13, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10137, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10166, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10517, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11423, May 14, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11717, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12840, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Disqualifications of Incompetent Persons)
Notwithstanding the amended provisions of Articles 6 (1) 1 and 26 (1) 2 and (2) 2, the previous provisions shall apply to the persons, for whom the declaration of incompetence or quasi-incompetence pronounced as at the time the amended provisions enter into force, remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute. Articles 2 through 7 Omitted.
ADDENDA <Act No. 13203, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permission for Location Information Business)
The amended provisions of Articles 5 (8) 4 and 7 (3) 4 shall apply, beginning with where an application is filed for permission for location information business or authorization for the acquisition, etc. of location information business, after this Act enters into force.
ADDENDA <Act No. 13540, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures to Grounds for Disqualification)
Notwithstanding the amended provisions of Article 6, an employee of a location information provider as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, the amendments to the statutes to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute. Articles 2 through 6 Omitted.
ADDENDA <Act No. 14840, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15608, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting by Micro Enterprises on Location-Based Service Business)
The amended provisions of Articles 9 (4) and 9-2 shall apply to micro enterprises, etc. that commence location-based service business after this Act enters into force. Article 3 (Applicability to Disclosure of Terms and Conditions)
The amended provisions of Article 12 (1) shall also apply where a person intends to amend the terms and conditions reported before this Act enters into force. Article 4 (Transitional Measures concerning Permission for Location Information Business)
| (1) | If a person who holds permission granted under previous Article 5 (1) as at the time this Act enters into force engages in location information business handling personal location information, such person shall be deemed to have obtained permission from the Korea Communications Commission under the amended provisions of Article 5 (1). |
| (2) | If a person who holds permission granted under previous Article 5 (1) as at the time this Act enters into force engages in location information business, without handling personal location information, such person shall be deemed to have filed a report in accordance with the amended provisions of Article 5-2 (1), and such report shall be deemed to have been accepted by the Korea Communications Commission under the amended provisions of Article 5-2 (4). |
| (3) | If a person who has an application pending for permission under Article 5 (1) as at the time this Act enters into force engages in location information business, without handling personal location information, such person shall be deemed to have filed a report in accordance with the amended provisions of Article 5-2 (1). |
Article 5 (Transitional Measures concerning Acquisition of Location Information Business or Merger of Corporations)
| (1) | If the transferee of all or part of the business of a person who holds authorization granted under previous Article 7 (1) as at the time this Act enters into force reports and has engaged in location information business, without handling personal location information, or a corporation incorporated by a merger or split-off or a corporation surviving a merger or split-off reports such acquisition, merger, or split-off in accordance with the amended provisions of Article 7 (4), such report shall be deemed to have been accepted by the Korea Communications Commission under the amended provisions of Article 7 (5). |
| (2) | If a person who filed an application for authorization under previous Article 7 (1) before this Act enters into force is the transferee of all or part of the business of a person who has engaged in location information business, without handling personal location information, or a corporation incorporated by a merger or split-off or a corporation surviving a merger or split-off, such person shall be deemed to have reported the acquisition, merger, or split-off in accordance with the amended provisions of Article 7 (4). |
Article 6 (Transitional Measures concerning Suspension or Discontinuation of Operations of Location Information Business)
| (1) | If a person who engages in location information business as at the time this Act enters into force, without handling personal location information, with approval granted under previous Article 8 (1) or (2) files a report in accordance with the amended provisions of Article 8 (1) 2 or (2) 2, such report shall be deemed to have been accepted by the Korea Communications Commission under the amended provisions of Article 8 (6). |
| (2) | If a person who filed an application for approval under previous Article 8 (1) or (2) before this Act enters into force engages in location information business, without handling personal location information, such person shall be deemed to have filed a report in accordance with the amended provisions of Article 8 (1) 2 or (2) 2. |
Article 7 Omitted.
ADDENDUM <Act No. 16087, Dec. 24, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16954, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 17347, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17633, Dec. 8, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 18517, Oct. 19, 2021>
Article 1 (Purpose)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Additional Payment on Refund of Penalty Surcharges)
The amended provisions of Article 14 (8) shall begin to apply to the penalty surcharges refunded on or after the enforcement date of this Act. Article 3 (Transitional Measures concerning Administrative Dispositions and Penalties)
The previous provisions of this Act shall apply for purposes of applying administrative dispositions and penalties for violations committed before this Act enters into force.
Article 4 (Transitional Measures concerning Registration of Location Information Business)
| (1) | A location information provider that has obtained permission under the previous provisions of Article 5 (1) as at the time this Act enters into force shall be deemed to have filed registration with the Korea Communications Commission under the amended provisions of Article 5 (1). |
| (2) | An application for permission filed under the previous provisions of Article 5 (1) as at the time this Act enters into force shall be deemed an application for registration filed on a date immediately preceding the enforcement date of this Act under the amended provisions of Article 5 (1). |
Article 5 (Transitional Measures concerning Disposition Revoking Permission)
Any disposition revoking permission under previous Article 13 (1) as at the time this Act enters into force shall be deemed a disposition revoking registration under the amended provisions of Article 13 (1) in examining the requirements for registration under the amended provisions of Article 5.