Article 1(Purpose) #
The purpose of this Act is to protect communications secrets and further enhance the freedom of communications by limiting the scope of restrictions with respect to the secrecy and freedom of communications and conversations and making due process of law mandatory.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Dec. 29, 2001; Jan. 29, 2004; Jan. 27, 2005>
1. The term "communication" means mail and electronic telecommunications;
2. The term "mail" means ordinary mail and parcel post under the Postal Service Act;
3. The term "telecommunications" means transmission or reception of all kinds of sounds, words, symbols or images by wire, wireless, fiber cable or other electromagnetic system, including telephone, e-mail, membership information service, facsimile and radio paging;
4. The term "party concerned" means any sender and addressee of mail, or any transmitter and receiver of telecommunications;
5. The term "nationals" means the people of the Republic of Korea who have their addressees or residences in areas where the sovereignty of the Republic of Korea is exercised;
6. The term "censorship" means opening mail without the consent of the party concerned or acquiring knowledge of, recording or withholding its contents through other means;
7. The term "wiretapping" means acquiring or recording the contents of telecommunications by listening to or communally reading the sounds, words, symbols or images of the communications through electronic and mechanical devices without the consent of the party concerned or interfering with their transmission and reception;
8. The term "wiretapping equipment" means electronic, mechanical or other devices that can be used in wiretapping conversations or telecommunications; provided, those prescribed by Presidential Decree, among telecommunications apparatuses and instruments or their parts that are generally used and hearing aids designed to correct auditory sense or others used for similar purposes shall be excluded;
8-2. The term "illegal wiretapping equipment detection" means detecting an equipment used for wiretapping or listening to conversations conducted except as provided in this Act;
9. The term "e-mail" means the transmission of any message or any message transmitted through the computer network;
10. The term "membership information service" means the information service provided to any specific member or contractor, or the network of such information service;
11. The term "communication confirmation data" means any of the following data on the records of telecommunications:
(a) The date of telecommunications by subscribers;
(b) The time that the telecommunications commence and end;
(c) The communications number of outgoing and incoming call, etc. and the subscriber number of the other party;
(d) The frequency of use;
(e) The computer communications or Internet log records relating to facts that the users of computer communications or the Internet have used the telecommunications services;
(f) The data on tracing a location of information communications apparatus connecting to the information communications networks;
(g) The data on tracing a location of connectors capable of confirming the location of information communications apparatus to be used by the users of computer communications or the Internet for connecting with the information communications networks;
12. The term "electronic serial number" means an electronic unique identification number given to a mobile phone for which a contract for utilization has been concluded with a mobile communications business entity.
Article 3(Protection of secrets of communications and conversation) #
(1) No person shall censor any mail, wiretap any telecommunications, provide communication confirmation data, or record or listen to any conversation between others that is not made public, except as provided for in this Act, the Criminal Procedure Act or the Military Court Act; provided, the following cases shall be governed by the relevant statutes: <Amended on Dec. 29, 2000; Dec. 29, 2001; Jan. 29, 2004; Mar. 31, 2005; Dec. 21, 2007; Nov. 2, 2009>
1. Handling of returned mail, etc.: Where parcel postal items (including any mail similar thereto) suspected of containing such contraband items as explosives are opened, where the mail cannot be delivered to the addressee or is returned to the sender because of the addressee's refusal to accept it, where the mail is opened in order to identify the address and name of the sender of the mail that the addressee refuses to receive because of missing address and name of the sender, or where any unreturnable mail containing valuables is handled, in accordance with Articles 28, 32, 35 and 36 of the Postal Service Act;
2. Inspection of import and export mail: Customs clearance of mail, other than personal correspondence under Articles 256 and 257 of the Customs Act;
3. Communications with persons under detention or in prison: Control of communications with the persons under detention or in prison under Article 91 of the Criminal Procedure Act; Article 131 of the Military Court Act; Articles 41, 43, and 44 of the Administration and Treatment of Correctional Institution Inmates Act; and Articles 42, 44, and 45 of the Act on the Execution of Criminal Penalties in the Armed Forces and the Treatment of the Military Inmates;
4. Communications with persons declared bankrupt: Where a trustee in bankruptcy receives communications addressed to a person declared bankrupt under Article 484 of the Debtor Rehabilitation and Bankruptcy Act;
5. Monitoring radio waves for the elimination of interference, etc.: Where radio waves are monitored in order to maintain order in radio waves by, for example, eliminating interference under Articles 49 through 51 of the Radio Waves Act.
(2) Any censorship of mail or any wiretapping of telecommunications (hereinafter referred to as "communication-restricting measures") shall be used as a supplementary means of facilitating a criminal investigation or ensuring national security, and efforts shall be made to minimize the violation of people's communication secrets. <Added on Dec. 29, 2001>
(3) No person shall provide or be provided with an electronic serial number; provided, this shall not apply where an enterprise for manufacturing mobile phones or a mobile communications business entity provides or is provided with an electronic serial number for a performance of lawful business, such as the opening of a service for mobile phones and repairs. <Added on Jan. 29, 2004>
Article 4(Prohibition of use of contents of mail obtained through illegal inspection and contents of telecommunications obtained through illegal wiretapping as evidence) #
Mail or its contents obtained through illegal inspection and the contents of communication acquired or recorded through illegal wiretapping in violation of Article 3 shall not be admitted as evidence in a trial or disciplinary procedure.
Article 5(Requirements for permission for communication-restricting measures for criminal investigations) #
(1) The communication-restricting measures shall be allowed only when there is a substantial reason to suspect that the following crimes are being planned or committed or have been committed, and it is impracticable to otherwise prevent a crime, arrest the criminal, or collect the evidence: <Amended on Dec. 13, 1997; Jan. 12, 2000; Dec. 29, 2001; Dec. 21, 2007; Apr. 5, 2013; Jan. 6, 2015; Jan. 6, 2016; Jan. 6, 2016; Dec. 31, 2019>
1. 형법 제2편중 제1장 내란의 죄, 제2장 외환의 죄중 제92조 내지 제101조의 죄, 제4장 국교에 관한 죄중 제107조, 제108조, 제111조 내지 제113조의 죄, 제5장 공안을 해하는 죄중 제114조, 제115조의 죄, 제6장 폭발물에 관한 죄, 제7장 공무원의 직무에 관한 죄중 제127조, 제129조 내지 제133조의 죄, 제9장 도주와 범인은닉의 죄, 제13장 방화와 실화의 죄중 제164조 내지 제167조ㆍ제172조 내지 제173조ㆍ제174조 및 제175조의 죄, 제17장 아편에 관한 죄, 제18장 통화에 관한 죄, 제19장 유가증권, 우표와 인지에 관한 죄중 제214조 내지 제217조, 제223조(제214조 내지 제217조의 미수범에 한한다) 및 제224조(제214조 및 제215조의 예비ㆍ음모에 한한다), 제24장 살인의 죄, 제29장 체포와 감금의 죄, 제30장 협박의 죄중 제283조제1항, 제284조, 제285조(제283조제1항, 제284조의 상습범에 한한다), 제286조 [제283조제1항, 제284조, 제285조(제283조제1항, 제284조의 상습범에 한한다)의 미수범에 한한다]의 죄, 제31장 약취(略取), 유인(誘引) 및 인신매매의 죄, 제32장 강간과 추행의 죄중 제297조 내지 제301조의2, 제305조의 죄, 제34장 신용, 업무와 경매에 관한 죄중 제315조의 죄, 제37장 권리행사를 방해하는 죄중 제324조의2 내지 제324조의4ㆍ제324조의5(제324조의2 내지 제324조의4의 미수범에 한한다)의 죄, 제38장 절도와 강도의 죄중 제329조 내지 제331조, 제332조(제329조 내지 제331조의 상습범에 한한다), 제333조 내지 제341조, 제342조[제329조 내지 제331조, 제332조(제329조 내지 제331조의 상습범에 한한다), 제333조 내지 제341조의 미수범에 한한다]의 죄, 제39장 사기와 공갈의 죄 중 제350조, 제350조의2, 제351조(제350조, 제350조의2의 상습범에 한정한다), 제352조(제350조, 제350조의2의 미수범에 한정한다)의 죄, 제41장 장물에 관한 죄 중 제363조의 죄
2. Part II of the Military Criminal Act - Chapter I Crimes of Rebellion, Chapter II Crimes of Benefitting the Enemy, Chapter III Crimes of Abuse of Command, Chapter IV Crimes of Surrender and Escape of Commanders, Chapter V Crimes of Desertion of Defensive Post, crimes under Article 42 from Chapter VII Crimes of Neglecting Military Duty, Chapter VIII Crimes of Mutiny, Chapter IX Crimes of Violence, Intimidation, Inflicting Bodily Injury and Homicide, Chapter XI Crimes concerning Military Supplies, and crimes under Articles 78, 80, and, 81 from Chapter XII Crimes of Disobedience to Order;
3. Crimes under the National Security Act;
4. Crimes under the Military Secret Protection Act;
5. Crimes under the Protection of Military Bases and Installations Act;
6. Crimes under Articles 58 through 62 among those under the Narcotics Control Act;
7. Crimes under Articles 4 and 5 among those under the Punishment of Violences Act;
8. Crimes under Article 70 and subparagraphs 1 through 3 of Article 71 among those under the Act on the Safety Management of Guns, Swords and Explosives;
Article 6(Procedures for authorization for communication-restricting measures for criminal investigations) #
(1) Any prosecutor (including any military prosecutor; hereinafter the same shall apply) may ask a court (including a military court; hereinafter the same shall apply) to permit communication-restricting measures for each criminal suspect or person subject to internal investigation when the requirements provided for in Article 5 (1) are met. <Amended on Dec. 29, 2001; Jan. 6, 2016>
(2) A judicial police officer (including a military judicial police officer; hereinafter the same shall apply) may apply to a prosecutor for authorization for communication-restricting measures for each criminal suspect or person subject to internal investigation when the requirements under Article 5 (1) are met, and then the prosecutor may request the same from the court. <Amended on Dec. 29, 2001>
(3) The competent court in charge of the case involving the communication-restricting measures for which a request is filed under paragraphs (1) and (2) shall be the district court or its branch court (including any military court) having jurisdiction over the address and seats of both of communication parties or one of the communication parties subject to the communication-restricting measures, the place where any crime is committed or the address and seats of persons who are accomplices of such communication parties. <Amended on Dec. 29, 2001; Sep. 24, 2021>
(4) The request for communication-restricting measures under paragraphs (1) and (2) shall be made in writing (hereinafter referred to as "written application"), indicating the details of the request such as kinds, objectives, targets, scope, effective period of communication-restricting measures, the place where such communication-restricting measures are executed, how such communication-restricting measures are executed and grounds for satisfying conditions for the permission for communication-restricting measures under Article 5 (1), together with the materials establishing a prima facie case of reasons for the application. In such cases, when an application is filed for permission for the communication-restricting measures against any criminal suspect or any person subject to internal investigation for the same crime or any permission for such purpose is granted, the applicant shall specify the objective of and the grounds for filing an application again for the communication-restricting measures. <Amended on Dec. 29, 2001>
(5) The court shall, when it deems the application justified, grant permission for the communication-restricting measures to each criminal suspect or person subject to internal investigation and then deliver a document attesting his or her granting such permission (hereinafter referred to as "written permission") to the applicant. <Amended on Dec. 29, 2001>
Article 7(Communication-restricting measures for national security) #
(1) Only when the national security is expected to be put in grave danger or it is necessary for counterterrorism activities defined in subparagraph 6 of Article 2 of the Act on Counter-Terrorism for the Protection of Citizens and Public Security, if the collection of intelligence is required to prevent such danger, the heads of the intelligence and investigative agencies prescribed by Presidential Decree (hereinafter referred to as "heads of intelligence and investigative agencies") may take communication-restricting measures as follows: <Amended on Dec. 29, 2001; Mar. 3, 2016; Mar. 24, 2020>
1. If either or both of the parties concerned with a communication are Korean nationals, permission therefor from a chief presiding judge of the high court shall be obtained; provided, the same shall not apply to the military telecommunications (limited to where the telecommunications are used to conduct operations) provided for in Article 2 of the Military Telecommunications Act;
2. Written approval shall be obtained from the President with respect to communications of countries hostile to the Republic of Korea, foreign agencies or groups and foreign nationals suspected of engaging in antinational activities, or members of groups within the Korean Peninsula effectively beyond the sovereignty of the Republic of Korea and their umbrella groups based in foreign countries, and in the event of the proviso of paragraph (1) 1.
(2) The effective period of communication-restricting measures under paragraph (1) shall not exceed four months, and in the event that the objective of such communication-restricting measures is attained, the communication-restricting measures shall be immediately discontinued; but if the requirements prescribed in paragraph (1) continue to be in existence, the effective period of the communication-restricting measures may be extended up to four months with permission therefor from a chief presiding judge of the high court or approval therefor from the President after filing an application for such permission or approval, accompanied by the material establishing a prima facie case; provided, the communication-restricting measures provided for in the proviso of paragraph (1) 1 may be extended without approval therefor from the President until military operations are completed in the event that the nation is in time of war or incident, or at war with an enemy in the national emergency corresponding thereto. <Amended on Dec. 29, 2001; Mar. 24, 2020>
(3) Article 6 (2), (4) through (6), and (9) shall apply mutatis mutandis to the permission under paragraph 1 (1). In such cases, "judicial police officer (including military police officer; hereinafter the same shall apply)" shall be deemed "heads of intelligence and investigative agencies"; "court", " chief presiding judge of the high court"; "Article 5 (1)", "main clause of Article 7 (1) 1"; and "communication-restricting measures for each criminal suspect or person subject to internal investigation" in Article 6 (2) and (5), "communication-restricting measures", respectively. <Amended on Dec. 31, 2019; Mar. 24, 2020>
Article 8(Emergency communication-restricting measures) #
(1) Where an act of conspiracy exists that threatens the national security, the planning or execution of any serious crime or any organized crime, or any similar is imminent that may directly cause death or serious injury, and an emergency exists that makes it impracticable to follow procedures under Article 6 or 7 (1) and (3), any prosecutor, any judicial police officer, or the head of any intelligence and investigative agency may take the communication-restricting measures without permission therefor from the court against any person who meets the requirements provided for in Article 5 (1) or 7 (1) 1.
(2) When any prosecutor, any judicial police officer, or the head of any intelligence and investigative agency starts the execution of communication-restricting measures pursuant to paragraph (1) (hereinafter referred to as "emergency communication-restricting measures"), he or she shall, without delay, file a request for permission therefor with the court pursuant to Article 6 (including where that Article shall apply mutatis mutandis in Article 7 (3)). <Amended on Dec. 27, 2022>
(3) If any judicial police officer takes the emergency communication-restricting measures, he or she shall be placed under command of any prosecutor in advance; provided, if such emergency communication-restricting measures need to be taken urgently, making it impracticable for such judicial police officer to be placed under command of such prosecutor, approval therefor shall be obtained from such prosecutor immediately after starting the execution of such emergency communication-restricting measures.
(4) Any prosecutor, any judicial police officer, or the head of any intelligence and investigative agency shall, if he or she intends to take the emergency communication-restricting measures, take such measures according to the emergency censorship statement or the emergency wiretapping statement (hereinafter referred to as "emergency wiretapping statement, etc.") and keep the records of emergency communication-restricting measures at the institution to which he or she belongs.
(5) Where any prosecutor, any judicial police officer, or the head of any intelligence and investigative agency fails to obtain permission from the court within 36 hours from the time he or she has started the execution of emergency communication-restricting measures, he or she shall immediately suspend the relevant measures and destroy the materials acquired through the relevant measures. <Amended on Dec. 27, 2022>
(6) Where any prosecutor, any judicial police officer, or the head of any intelligence and investigative agency destroys the materials acquired through emergency communication-restricting measures pursuant to paragraph (5), he or she shall prepare a report on the destruction of the materials, stating the reasons for, and the scope and the date and time of, destruction, and other relevant matters; shall serve the report on the court with which he or she has filed the request for permission pursuant to paragraph (2) within seven days from the date of destruction; and shall attach one duplicate of the report to the record of investigation of the criminal suspect or the person subject to internal investigation. <Amended on Dec. 27, 2022>
Article 9(Execution of communication-restricting measures) #
(1) Communication-restricting measures under Articles 6 through 8 shall be executed by any prosecutor, any judicial police officer, or the head of any intelligence and investigative agency who has made such request or application. In such cases, the execution may be commissioned to postal service organizations or other institutions concerned (hereinafter referred to as "communications institutions, etc.") or cooperation therewith may be sought from communications institutions, etc. <Amended on Dec. 29, 2001>
(2) Any person who intends to commission the execution of communication-restricting measures or ask for cooperation therewith, shall furnish any of the communications institutions, etc. with a written permission for the communication-restricting measures (referring to a written approval granted by the President in the case of Article 7 (1) 2; hereafter the same shall apply in this Article and Articles 16 (2) 1 and 17 (1) 1 and 3) or a copy of the cover of an emergency wiretapping statement, etc. and any person who is commissioned or asked for cooperation shall keep such written permission for the communication-restricting measures or such copy of the cover of an emergency wiretapping statement for a period fixed by Presidential Decree. <Amended on Dec. 29, 2001>
(3) Any person who executes the communication-restricting measures, is commissioned to execute such measures or asked for cooperation therewith, shall keep records in which the objectives of the relevant communication-restricting measures, the execution of such measures, the date on which cooperation is provided, and the targets of such cooperation are entered for a period fixed by Presidential Decree. <Added on Dec. 29, 2001>
(4) In the event that the telephone number or any similar of a person subject to the communication-restricting measures which is entered in the written permission for communication-restricting measures or the emergency wiretapping statement or any similar, is inconsistent with the fact, any of the communications institutions, etc. may refuse to execute the relevant communication-restricting measures and shall be prohibited from divulging secret numbers used for telecommunications in any case. <Added on Dec. 29, 2001>
Article 9-2(Notice of execution of communication-restricting measures) #
(1) Any prosecutor shall, when he or she institutes a public prosecution or imposes a disposition not to institute any public prosecution or book anyone in connection with a case involving the execution of the communication-restricting measures in accordance with Articles 6 (1) and 8 (1) (excluding a decision of stay of indictment and of stay of indictment due to absent witness), notify in writing a person subject to the mail censorship in cases of mail censorship and a subscriber to telecommunications who is subject to wiretapping in cases of wiretapping, of the fact that the communication-restricting measures have been executed, the institution that has executed such measures, the period of said execution, etc. within 30 days from imposition of such disposition; provided, even where a prosecutor of the Corruption Investigation Office for High-Ranking Officials (hereinafter referred to as the "Investigation Office") is notified by a prosecutor who handles the case after receiving relevant documents and evidentiary materials sent to a prosecutor of the Seoul Central District Prosecutors' Office of a disposition to or not to institute a public prosecution (excluding a decision of stay of indictment and of stay of indictment due to absent witness) under Article 26 (1) of the Act on the Establishment and Operation of the Corruption Investigation Office for High-Ranking Officials, the Investigation Office's prosecutor shall issue a written notice within 30 days from receipt of such notification. <Amended on Jan. 5, 2021>
(2) When a judicial police officer is notified by any prosecutor of a disposition to or not to institute a public prosecution (excluding a decision of stay of indictment or of stay of indictment due to absent witness) in connection with a case involving the execution of the communication-restricting measures under Articles 6 (1) and 8 (1) or when he or she imposes a disposition not to transfer a case to prosecutors (excluding a decision to suspend investigation) or when he or she imposes a disposition not to book a person involved in a case under internal investigation, the judicial police officer shall notify in writing a person subject to the mail censorship in cases of mail censorship and a subscriber to telecommunications who is subject to wiretapping in cases of wiretapping, of the fact that the communication-restricting measures have been executed, the institution that has executed such measures, the period of said execution, etc. within 30 days from imposition of such disposition. <Amended on Mar. 16, 2021>
(3) The head of any intelligence and investigative agency shall notify in writing a person subject to the mail censorship in cases of mail censorship and a subscriber to telecommunications who is subject to wiretapping in cases of wiretapping, of the fact that the communication-restricting measures have been executed, the institution that has executed such measures, the period of said execution, etc. within 30 days from the date of execution of the communication-restricting measures pursuant to the main clause of Article 7 (1) 1 and Article 8 (1).
Article 9-3(Notice of execution of confiscation, search, and investigations) #
(1) Where a prosecutor has executed confiscation, search, or investigation into telecommunications the transmission and reception of which have been completed, when he or she has prosecuted such case or imposed a disposition (excluding a decision of stay of indictment and of stay of indictment due to absent witness) not to prosecute a case or book a person involved in such case, he or she shall notify, in writing, a subscriber who has become the target of the investigation, of the fact that confiscation, search or investigation has been executed within 30 days from imposition of such disposition; provided, even where an Investigation Office's prosecutor is notified by a prosecutor who handles the case after receiving relevant documents and evidentiary materials sent to a prosecutor of the Seoul Central District Prosecutors' Office of a disposition to or not to institute a public prosecution (excluding a decision of stay of indictment and of stay of indictment due to absent witness) under Article 26 (1) of the Act on the Establishment and Operation of the Corruption Investigation Office for High-Ranking Officials, the Investigation Office's prosecutor shall issue a written notice within 30 days from receipt of such notification. <Amended on Jan. 5, 2021>
(2) Where a judicial police officer has executed confiscation, search, or investigation of telecommunications the transmission and reception of which have been completed, when he or she receives a notice of disposition to or not to institute a public prosecution in connection with a case (excluding a decision of stay of indictment or of stay of indictment due to absent witness); or where he or she imposes a disposition not to transfer a case to prosecutors (excluding a decision to suspend investigation); or where he or she imposes a disposition not to book a person involved in a case under internal investigation, he or she shall notify, in writing, a subscriber who has become the target of the investigation, of the fact that a confiscation, search or inspection has been executed within 30 days from imposition of such disposition. <Amended on Mar. 16, 2021>
[This Article Added on May 28, 2009]
Article 10(Authorization and revocation of authorization for wiretapping equipment) #
(1) Any person who intends to make, import, sell, distribute, possess, use or advertise any wiretapping equipment shall obtain authorization from the Minister of Science and ICT; provided, this shall not apply to government agencies. <Amended on Dec. 13, 1997; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>
(2) Deleted. <Jan. 29, 2004>
(3) Where the Minister of Science and ICT grants authorization under paragraph (1), he or she shall enter the name of the applicant for authorization, the date such authorization is granted, the types and quantities of authorized wiretapping equipment and other necessary matters into a register and keep it ready. <Amended on Dec. 13, 1997; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>
(4) Any person who makes, imports, sells, distributes, possesses, or uses any wiretapping equipment with the authorization under paragraph (1) shall enter the date such authorization is granted, the types and quantities of authorized wiretapping equipment, location where such equipment is installed and other necessary matters into a register and keep it ready; provided, the wiretapping equipment furnished to a local government for the performance of its duties, which is a fixture of the local government, shall be recorded in the register for fixtures of the relevant agency.
(5) Where a person who has obtained authorization under paragraph (1) falls under any of the following, the Minister of Science and ICT shall revoke the authorization and notify them his or her decision in writing: <Added on Jan. 31, 2025>
1. Where it is proved that they has obtained authorization by fraud or other improper means;
2. Where they violates paragraph (4).
(6) Other matters necessary for authorization and revocation of authorization shall be prescribed by Presidential Decree. <Amended on Jan. 31, 2025>
[Title Amended on Jan. 31, 2025].
Article 10-2(Report on wiretapping equipment managed by state organs) #
(1) Any State organ (excluding intelligence and investigative agencies) shall, when introducing wiretapping equipment, report its dimensions and performances, including matters prescribed by Presidential Decree, every half year, to the Minister of Science and ICT. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020>
(2) Any intelligence and investigative agency shall, when introducing wiretapping equipment, report its dimensions and performances, including matters prescribed by Presidential Decree, every half year, to the Intelligence Committee of the National Assembly. <Amended on Jun. 9, 2020>
[This Article Added on Dec. 29, 2001]
Article 10-3(Registration of illegal wiretapping equipment detection service) #
(1) Any person who intends to provide illegal wiretapping equipment detection service for the purpose of making profits, shall file for registration thereof with the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020>
(2) Registration under paragraph (1) may be filed for only by a juristic person. <Amended on Jun. 9, 2020>
(3) Any person who intends to file for registration under paragraph (1), shall equip himself or herself with the plans for protecting users, business plans, technology, financial capability, detection equipment, and other necessary matters prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 9, 2020>
(4) Necessary matters concerning requirements for alteration of registration under paragraph (1) and procedures therefor, the transfer, takeover, succession, suspension, or close-down of registered business and reports thereon, and the delegation, etc. of registered business shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
[This Article Added on Jan. 29, 2004]
Article 10-4(Grounds for disqualification of business entities responsible for detecting illegal wiretapping equipment) #
Where the representative of a corporation shall not file for registration under Article 10-3 in any of the following cases: <Amended on Mar. 31, 2005; Oct. 15, 2014; Dec. 22, 2015; Jun. 9, 2020; Oct. 19, 2021>
1. A person under adult guardianship or under limited guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person for whom three years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where it is deemed to have been completely executed) or exempted;
4. A person who is under suspension of the execution of his or her imprisonment without labor or greater punishment declared by a court;
5. A person whose qualification is forfeited or suspended by a judgment of a court or by other statutes;
6. A person who was the representative of a corporation as at the time the registration thereof was revoked under Article 10-5 (excluding where the registration was revoked on the ground that the representative fell under subparagraph 1 or 2 of Article 10-4) and for whom two years have not elapsed since the registration was revoked.
[This Article Added on Jan. 29, 2004]
Article 10-5(Revocation of registration) #
Where a person who has filed for registration of illegal wiretapping equipment detection service falls under any of the following cases, the Minister of Science and ICT may either revoke his or her registration or order him or her to suspend the said business for a specified period up to six months; provided, in cases falling under subparagraph 1 or 2, the registration shall be revoked: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020>
1. Where registration or modified registration has been filed for by fraud or other improper means;
2. Where he or she falls under any of the grounds for disqualification under Article 10- 4;
3. Where the secrets known to him or her in connection with business activities are divulged to other persons;
4. Where the certificate of registration of illegal wiretapping equipment detection service has been leased to other persons;
5. Where serious damage has been done to other persons by intention or gross negligence in connection with business activities;
6. The revocation of registration has been requested by the State or local governments under the provisions of other statutes.
[This Article Added on Jan. 29, 2004]
Article 11(Confidentiality obligation) #
(1) Any public official or former public official who has been engaged in the permission, execution, notice, and preparation of various documents, etc. in connection with the communication-restricting measures shall be prohibited from disclosing or divulging matters concerning the communication-restricting measures he or she has learned while performing his or her duties.
(2) The current or former employee of any communications institution shall be prohibited from disclosing or divulging matters concerning the communication-restricting measures.
(3) Any person other than those under paragraphs (1) and (2) shall be prohibited from disclosing or divulging what he or she has learned in connection with the communication-restricting measures except where he or she uses said knowledge according to this Act. <Amended on, Mar. 20, 2018>
(4) Matters necessary to keep secret procedures for granting permission, whether to grant permission, the contents of permission, etc. for the communication-restricting measures by the court shall be prescribed by the Supreme Court Regulations.
[This Article Wholly Amended on Dec. 29, 2001]
Article 12(Restriction on using materials acquired through communication-restricting measures) #
Mail or its contents and contents of any telecommunications acquired through execution of the communication-restricting measures under Article 9 shall not be used except in the following cases:
1. Where they are used to investigate or prosecute the crimes under Article 5 (1) that have become the objective of the communication-restricting measures or the crimes related hereto, or prevent such crimes;
2. Where they are used in disciplinary proceedings for crimes under subparagraph 1;
3. Where a party concerned with communication uses them in a claim for damages;
4. Where they are used under the provisions of other statutes.
Article 12-2(Management of materials acquired through communication-restricting measures on Internet connections for criminal investigation) #
(1) Where a prosecutor executes communication-restricting measures under Articles 6 or 8 (limited to emergency communication-restricting measures on persons falling under the requirements under Article 5 (1)) regarding contents of telecommunications transmitted and received through internet connections and intends to use or store for the purpose of using (hereafter in this Article referred to as “storage, etc.”) such contents in accordance with subparagraph 1 of Article 12, he or she shall select the contents of telecommunications requiring storage, etc., and request the approval of the court that had permitted the communication-restricting measure for the storage, etc. within 14 days from the last day of execution.
(2) Where a judicial police officer executes communication-restricting measures under Article 6 or 8 (limited to emergency communication-restricting measures on persons who meet the requirements under Article 5 (1)) and intends to undertake the storage, etc., of the contents of telecommunications, he or she shall select the contents of telecommunications requiring storage, etc., and apply for the approval for the storage, etc. within 14 days from the last day of execution, and the prosecutor shall request the approval therefor from the court that had permitted the communication-restricting measure within seven days from the application date.
(3) The request for approval under paragraphs (1) and (2) shall be made in writing, stating all the facts and circumstances leading to execution, summary of the materials acquired, and the reasons why storage, etc., are required, together with the following documents:
1. Materials establishing a prima facie case of reasons for the request;
2. A list of contents of telecommunications requiring storage, etc.;
3. Contents of telecommunications requiring storage, etc.; provided, the contents of telecommunications shall be submitted by storing such contents in a data storage medium and placing a seal thereon through appropriate means, such as dividing the contents into files of a specific size, etc.
(4) Where the court considers that there are grounds for such request, it shall approve the storage, etc., and issue a document evidencing such approval (hereafter in this Article referred to as “approval document”), and where the court considers that the request is groundless, it shall dismiss such request and give notice thereof to the requester.
(5) Where any prosecutor or judicial police officer fails to make a request under paragraph (1) or an application under paragraph (2), he or she shall destroy the contents of telecommunications acquired through the communication-restricting measures within 14 days from the last day of execution (where a judicial police officer's application is dismissed by a prosecutor, within seven days from the date of dismissal), and where a request for approval is made to the court (including where a request is made only for a part of the contents of telecommunications acquired), any content of telecommunication, for which an approval document is issued by the court in accordance with paragraph (4), or for which such request is dismissed by the court, shall be destroyed within seven days from receipt of notification of dismissal of the request.
Article 13(Procedures for providing communication confirmation data for criminal investigations) #
(1) Any prosecutor or judicial police officer may, when he or she deems it necessary to conduct any investigation or to execute any punishment, ask any telecommunications business entity under the Telecommunications Business Act (hereinafter referred to as "telecommunications business entity") for perusing or providing the communication confirmation data (hereinafter referred to as "providing the communication confirmation data").
(2) Notwithstanding paragraph (1), where any prosecutor or judicial police officer deems that any of the following communication confirmation data is necessary for his or her investigation, he or she may ask any telecommunications business entity for the perusal or the provision of the relevant materials only if it is impracticable to prevent the execution of a crime by other means, to identify and secure a criminal, or to collect and preserve the evidence; provided, where the communication confirmation data is required for any crime falling under any of the subparagraphs of Article 5 (1) or any crime committed through means of telecommunications, the request for perusal or provision under paragraph (1) may be made: <Added on Dec. 31, 2019>
1. Data under items (f) and (g) of subparagraph 11 of Article 2 that is real-time tracking data;
2. Communication confirmation data concerning a specific base station.
(3) Any prosecutor or judicial police officer shall, when he or she asks for provision of the communication confirmation data pursuant to paragraphs (1) and (2), obtain permission therefor from the competent district court (including any military court; hereinafter the same shall apply) or branch court in writing stating the reason for such request, the relation with the relevant subscriber, and the scope of necessary data; provided, if the urgent grounds exist that make it impossible to obtain permission from the competent district court or branch court, he or she shall obtain permission without delay after asking for provision of the communication confirmation data and then send it to a telecommunications business entity. <Amended on May 26, 2005; Dec. 31, 2019; Sep. 24, 2021>
(4) Any prosecutor or any judicial police officer shall, when he or she is provided with communication confirmation data due to the urgent grounds under the proviso of paragraph (3) but fails to obtain permission therefor from the district court or branch court, destroy the communication confirmation data provided to him or her without delay. <Amended on May 26, 2005; Dec. 31, 2019>
(5) Any prosecutor or judicial police officer shall, when he or she is supplied with the communication confirmation data under paragraph (3), keep records in which necessary matters, including the fact that the request for provision of the relevant communication confirmation data is made, are entered and other relevant materials, including the written request for provision of the communication conformation data, at the institution to which he or she belongs. <Amended on May 26, 2005; Dec. 31, 2019>
Article 13-2(Provision of communication confirmation data to court) #
When it is deemed necessary for trial, any court may ask any telecommunications business entity to provide the communication confirmation data under Article 294 of the Civil Procedure Act or Article 272 of the Criminal Procedure Act. <Amended on Jan. 26, 2002>
[This Article Added on Dec. 29, 2001]
Article 13-3(Notification of provision of communication confirmation data for criminal investigations) #
(1) With respect to any case in which communication confirmation data is received pursuant to Article 13, a prosecutor or judicial police officer shall send a written notice of the fact that communication confirmation data is provided, the agency requesting the provision, the relevant period, etc., within the following time periods to the person, who is the subject of such communication confirmation data: <Amended on Dec. 31, 2019; Jan. 5, 2021; Mar. 16, 2021>
1. Where any public prosecution is instituted or a disposition not to institute a public prosecution or any disposition not to transfer a case to prosecutors (excluding a decision of stay of indictment, of stay of indictment due to absent witness, or a decision to suspend investigation) or not to book a person is imposed: Within 30 days from imposition of such disposition; provided, the notice shall be sent within 30 days from receipt of such notification in any of the following cases:
(a) With respect to a case where an Investigation Office prosecutor sends related documents and evidentiary materials to a prosecutor of the Seoul District Prosecutors' Office pursuant to Article 26 (1) of the Act on the Establishment and Operation of the Corruption Investigation Office for High-Ranking Officials, where the Investigation Office prosecutor is notified by the prosecutor in charge of the case of a disposition to or not to institute a prosecution (excluding a decision of stay of indictment or of stay of indictment due to absent witness);
(b) With respect to a case a judicial police officer transfers to a prosecutor pursuant to subparagraph 1 of Article 245-5 of the Criminal Procedure Act, where the officer is notified by the prosecutor of a disposition to or not to institute a public prosecution (excluding a decision of stay of indictment or of stay of indictment due to absent witness);
2. Where a decision of stay of indictment or of stay of indictment due to absent witness or a decision to suspend investigation is made: Within 30 days after one year from the date such decision (in the case of crimes falling under any subparagraph of Article 6 (8), three years) is made; provided, the notice shall be sent within 30 days after one year (in the case of crimes falling under any subparagraph of Article 6 (8), three years) from the date of receipt of such notification:
(a) With respect to a case where an Investigation Office prosecutor sends related documents and evidentiary materials to a prosecutor of the Seoul District Prosecutors' Office pursuant to Article 26 (1) of the Ac on the Establishment and Operation of the Corruption Investigation Office for High-Ranking Officials, where the Investigation Office prosecutor is notified by the prosecutor in charge of the case of a decision of stay of indictment or of stay of indictment due to absent witness;
Article 13-4(Procedures for providing communication confirmation data for national security) #
(1) Where the collection of information is necessary for preventing threats to national security, the head of any intelligence and investigative agency may request any telecommunications business entity to provide the communication confirmation data.
(2) Articles 7 through 9 and 9-2 (3), (4), and (6) shall apply mutatis mutandis to the procedures, etc. for providing communication confirmation data under paragraph (1). In such cases, the "communication restriction measures" shall be deemed the "request for providing communication confirmation data".
(3) Article 13 (4) and (5) shall apply mutatis mutandis to destroying communication confirmation data and keeping related data. <Amended on Dec. 31, 2019>
[This Article Added on May 26, 2005]
Article 13-5(Confidentiality and restrictions on using data) #
Articles 11 and 12 shall apply mutatis mutandis to providing communication confirmation data under Article 13, and obligations of confidentiality and the restrictions on using data following providing communication confirmation data under Article 13-4, respectively.
[This Article Added on May 26, 2005]
Article 14(Prohibition of infringement of others' conversation secrets) #
(1) No person shall record a conversation between others that is not open to the public or listen to it through the employment of electronic or mechanical devices.
(2) Articles 4 through 8, the former part of Article 9 (1), and Articles 9 (3), 9-2, 11 (1), (3) and (4) and 12 shall apply to recording or listening as referred to in paragraph (1). <Amended on Dec. 29, 2001>
Article 15(Control of the National Assembly) #
(1) Any of the standing committees and any committee for inspection and investigation of state administration of the National Assembly may, when it is deemed necessary, ask the Minister of Court Administration or the heads of agencies or institutions that have filed requests or applications for the communication-restricting measures or have executed such communication-restricting measures to file a report on any specific communication-restricting measures, etc., and ask the Minister of Science and ICT to file a report detailing wiretapping equipment authorized and reports filed in connection with such wiretapping equipment, respectively. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>
(2) Any of the standing committees and any committee for inspection and investigation of state administration of the National Assembly may, by a resolution, conduct on-the-spot inspection or other inspection of wiretapping equipment currently possessed by investigative agencies, telephone switchboard rooms and other places of agencies that have executed the wiretapping or institutions that have cooperated in wiretapping. In such cases, any person participating in the on-the-spot inspection and other inspection shall be prohibited from divulging secrets he or she has learned therefrom without any good cause.
(3) The on-the-spot investigation or other investigations under paragraph (2) shall not be conducted for the purpose of violating any person's privacy or intervening in any pending trial or the prosecution of a case under investigation.
(4) The head of any central administrative agency that has executed the communication-restricting measures, has been commissioned to execute such communication-restricting measures or has cooperated in executing the communication-restricting measures shall, upon receipt of a request from any standing committee or any committee for inspection and investigation of state administration of the National Assembly, file a report on the communication-restricting measures related to Articles 5 through 10 to the National Assembly as prescribed by Presidential Decree; provided, the head of any intelligence and investigative agency shall file such report with the Intelligence Committee of the National Assembly.
[This Article Wholly Amended on Dec. 29, 2001]
Article 15-2(Telecommunications business entities’ obligation to cooperate) #
(1) Telecommunications business entities shall cooperate in the communication-restricting measures and the request for provision of communication confirmation data taken and made under this Act by any prosecutor, judicial police officer, or the head of any intelligence and investigative agency.
(2) Matters necessary for the cooperation by telecommunication business entities for the execution of communication-restricting measures under paragraph (1), the period for keeping communication confirmation data and other matters for the cooperation of telecommunication business entities, shall be prescribed by Presidential Decree.
[This Article Added on May 26, 2005]
Article 15-3(Corrective orders) #
The Minister of Science and ICT may order a person who fails to report the status of communication confirmation data provision, etc. to the Minister of Science and ICT or fails to retain related data, in violation of Article 13 (7) to make the correction thereof within a specified period.
[This Article Added on Jan. 23, 2024]
Article 15-4(Charges for compelling compliance) #
(1) The Minister of Science and ICT may impose a charge for compelling compliance not exceeding ten million won on a person who fails to comply with a corrective order within a specified period after receiving the order under Article 15-3.
(2) The deadline for payment of a charge for compelling compliance under paragraph (1) shall be within 30 days from the day following the end of the compliance period specified in the corrective order unless there are compelling reason not to do so.
(3) Before imposing a charge for compelling compliance under paragraph (1), the Minister of Science and ICT shall give a prior notice in writing as to the fact that the charge for compelling compliance will be imposed and collected.
(4) In imposing a charge for compelling compliance under paragraph (1), the Minister of Science and ICT shall notify, in writing, the relevant person of the amount of the charge for compelling compliance, the grounds for imposition thereof, payment deadline, receiving agencies, methods of raising an objection, and other relevant matters.
(5) The Minister of Science and ICT may repeatedly impose and collect charges for compelling compliance under paragraph (1) up to twice a year, counting from the date on which the first corrective order is issued, until the corrective order is complied with.
(6) If a person who has received a corrective order under Article 15-3 complies with the order, the Minister of Science and ICT shall immediately stop imposing a new charge for compelling compliance, but shall collect the charge for compelling compliance already imposed.
(7) Where a person who has been subject to imposition of a charge for compelling compliance under paragraph (1) fails to pay it by the payment deadline, the Minister of Science and ICT shall collect it in the same manner as delinquent national taxes.
(8) Matters necessary for the imposition, collection procedures, etc. of charges for compelling compliance under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Jan. 23, 2024]
Article 16(Penalty provisions) #
(1) Any of the following persons shall be punished by imprisonment with labor for not less than one year but not more than 10 years or by suspension of qualification for not more than five years: <Amended on Jan, 14, 2014; Mar. 20, 2018>
1. A person who has censored any mail, wiretapped any telecommunications or recorded or eavesdropped on any conversations between other individuals in violation of Article 3;
2. A person who has disclosed or divulged the contents of communications or conversations he or she has learned in a manner under subparagraph 1.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than 10 years: <Amended on May 26, 2005>
1. A person who has commissioned the execution of communication-restricting measures or asked for cooperation in the execution of such communication-restricting measures without delivering a written permission for communication-restricting measures or a copy of the cover of an emergency wiretapping statement; or any other person who has executed the commissioned communication-restricting measures or cooperated in the execution of such communication-restricting measures without receiving a written permission for communication-restricting measures or a copy of the cover of an emergency wiretapping statement in violation of Article 9 (2);
2. A person who has violated Article 11 (1) (including a person to whom Article 14 (2) shall apply and to whom Article 13-5 shall apply mutatis mutandis).
(3) Any person who has violated Article 11 (2) (including a person to whom Article 13-5 shall apply mutatis mutandis) shall be punished by imprisonment with labor for not more than seven years. <Amended on May 26, 2005>
(4) Any person who has violated Article 11 (3) (including a person to whom Article 14 (2) shall apply and to whom Article 13-5 shall apply mutatis mutandis) shall be punished by imprisonment with labor for not more than five years. <Amended on May 26, 2005>
[This Article Wholly Amended on Dec. 29, 2001]
Article 17(Penalty provisions) #
(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won: <Amended on Jan. 29, 2004; Mar. 20, 2018>
1. A person who has failed to keep a cover copy of a written permission for communication-restricting measures or an emergency wiretapping statement, etc. in violation of Article 9 (2);
2. A person who has failed to keep records in violation of Article 9 (3) (including a person to whom Article 14 (2) shall apply);
3. A person who has failed to confirm a telephone number of any person subject to the communication-restricting measures which is entered in the written permission for communication-restricting measures or the emergency wiretapping statement, or divulged any password used for telecommunications in violation of Article 9 (4);
4. A person who has manufactured, imported, sold, distributed, possessed or used wiretapping equipment, and advertised them for the aforementioned purposes without obtaining authorization therefor in violation of Article 10 (1);
5. Deleted; <Jan. 23, 2024>
5-2. A person who has provided illegal wiretapping equipment detection service either without filing for registration under Article 10-3 (1) or by filing for false registration;
6. Deleted. <Mar. 20, 2018>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 10 million won: <Amended on Jan. 29, 2004; Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Dec. 31, 2019; Dec. 27, 2022; Jan. 23, 2024>
1. A person who has given or received an electronic serial number, in violation of Article 3 (3);
2. A person who fails to immediately suspend emergency communication-restricting measures, in violation of Article 8 (5);
2-2. A person who fails to immediately suspend communication-restricting measures under Article 8 (8), in violation of paragraph (10) of that Article;
3. A person who has failed to give notice with respect to the execution of the communication-restricting measures in violation of Article 9-2 (including a person to whom Article 14 (2) shall apply);
4. A person who fails to comply with a corrective order within a specified period, in violation of Article 15-3;
Article 18(Attempted crime) #
A person who attempts to commit the crimes prescribed in Articles 16 and 17 shall be punished.