Article 1(Purpose) #
The purpose of this Act is to contribute to the promotion of the public welfare by promoting the sound development of cable broadcast and its efficient use through reasonable control of cable broadcast.
Article 2(Definitions) #
For the purpose of this Act, <Amended by Act No. 4351, Mar. 8, 1991; Act No. 4441, Dec. 14, 1991; Act No. 4494, Dec. 31, 1991; Act No. 4694, Dec. 31, 1993; Act No. 4999 Dec. 6, 1995>
1. the term “cable broadcast” means relay cable broadcasting and music cable broadcasting which transmit voices, sounds, or images (including letters and static pictures; hereinafter the same shall apply) to receivers using wire telecommunication facilities;
2. the term “relay cable broadcasting” means to relay-transmit the broadcast of the wireless station (hereinafter referred to as the “station”) which has obtained an approval as prescribed in the Radio Waves Act;
3. the term “music cable broadcasting” means to transmit the music fixed in the phonographs which is sold or distributed under the Sound Records and Video Products Act;
4. Deleted; <by Act No. 4694, Dec. 31, 1993>
5. the term “cable broadcasting facilities” means any machine, equipment, lines, and other facilities required for cable broadcast; and
6. the term “cable broadcasting business” means a business to provide cable broadcast and collect fees from the receivers.
Article 3(Cable Broadcast Business) #
(1) Any person who wishes to operate a cable broadcast business shall obtain an approval from the Minister of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4694, Dec. 31, 1993; Act No. 4999, Dec. 6, 1995>
(2) The validity term of the approval for the cable broadcast business shall be determined, within the limit of five years, in accordance with the kinds of cable broadcast by the Presidential Decree. <Amended by Act No. 4494, Dec. 31, 1991>
(3) In cases where the validity terms as prescribed in paragraph(2) expires, they may be re-approved. <Newly Inserted by Act No. 4494, Dec. 31, 1991; Act No. 4694, Dec. 31, 1993>
Article 4(Causes of Disqualification) #
No person who falls under any of the following subparagraphs, may maintain a cable broadcasting business. <Amended by Act No. 4694, Dec. 31, 1993>:
1. A person who is not a citizen of the Republic of Korea;
2. A foreign government, its representative, or a foreign corporation or organization;
3. A person who has no address in the Republic of Korea;
4. A person who is minor, quasi-incompetent or incompetent;
5. A person who is declared bankrupt, but not yet reinstated;
6. A person who was sentenced to a punishment heavier than imprisonment with or without prison labor for a crime as prescribed in any of the paragraphs of Article 2 of the Security Surveillance Act or in this Act, and for whom after the execution of such sentence is terminated, or non-execution thereof becomes definite, at least three-year period has not elapsed, or who was sentenced to a stay of execution stay, and for whom at least a one-year period has not elapsed from the date on which the execution stay period finished;
7. A person who is under protection and surveillance action under the Security Surveillance Act, or under a protective action under the Social Protection Act;
8. A person for whom two years has not elapsed after the cancellation of the temporary approval or approval of the cable broadcasting business; and
9. A corporation or organization in which a person falling under subparagraphs 1 through 8 is the representative, or holds the voting rights.
Article 5(Application for Approval and Inspection) #
(1) Any person who desires to obtain approval for the cable broadcast business, shall submit an application to the Minister of Information and Communication, in accordance with the Ordinance of the Ministry of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4995, Dec. 6, 1995>
(2) When the Minister of Information and Communication receives an application as prescribed in paragraph (1), he shall examine the following factors and inspect the appropriateness of the cable broadcast business: <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
1. Whether the installation plan of the cable broadcasting facilities is proper;
2. Whether the financial basis is enough to perform the cable broadcast; and
3. Whether the cable broadcast business is regionally and socially necessary.
(3) If it is deemed necessary for the inspection as prescribed in paragraph (2), the Minister of Information and Communication may have the applicant submit reference materials, or hear his opinion. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(4) The provisions of paragraphs (1) through (3) shall apply to the reapproval as prescribed in paragraph (3) of Article 3.
Article 6(Technical Standards, etc. of Cable Broadcasting Facilities) #
(1) Matters concerning the establishment and maintenance of cable broadcasting facilities shall be in accordance with the technical standards established by the Ordinance of the Ministry of Information and Communication (hereinafter referred to as “technical standards”). <Amended by Act No. 4999, Dec. 6, 1995>
(2) The Minister of Information and Communication shall, in accordance with the Presidential Decree, inspect whether or not the cable broadcasting facilities conform to the technical standards as prescribed in paragraph (1), and in cases where the facilities do not conform to the technical standards, he may order any repair, improvement or moving of such facilities, or the suspension of their use. <Amended by Act No. 4999, Dec. 6, 1995>
(3) Deleted. <by Act No. 4999, Dec. 6, 1995>
Article 7(Temporary Approval) #
(1) If it is deemed, as a result of the examination as referred to in Article 5 (2), That the cable broadcast business is proper, the Minister of Information and Communication may grant a temporary approval specifying the following matters: <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
1. Kinds and contents of the cable broadcast business;
2. Area of cable broadcast business;
3. Completion date of the installation of cable broadcasting facilities;
4. Qualification and number of employees;
5. Channel to use; and
6. Allowed time to operate.
(2) The area of the cable broadcast business in Article 1 (2) shall be determined by the Presidential Decree, within the boundary of the jurisdiction of Si/Gun/Gu (limited to autonomous Gu). <Amended by Act No. 4999, Dec. 6, 1995>
Article 8(Completion Report and Inspection) #
(1) Any person who obtained temporary approval as prescribed in Article 7, shall complete the installation of the cable broadcasting facilities within the term of completion, and make a completion report to the Minister of Information and Communication. <Amended by Act No. 4999, Dec. 6, 1995>
(2) When the Minister of Information and Communication receives the completion report as prescribed in paragraph (1), he shall inspect on completion. <Amended by Act No. 4999, Dec. 6, 1995>
(3) Deleted. <by Act No. 4999, Dec. 6, 1995>
Article 9(Cancellation of Temporary Approval) #
If any person who has obtained temporary approval falls under any of the following subparagraphs, the Minister of Information and Communication may cancel the temporary approval: <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
1. Where he has obtained a temporary approval by a deceitful or other unlawful way;
2. Where he does not make a completion report within the term of completion as prescribed in Article 8 (1); or
3. Where he provides a cable broadcast prior to obtaining the approval of the cable broadcast business in accordance with Article 10 (1).
Article 10(Approval, etc. of Cable Broadcast Business) #
(1) The Minister of Information and Communication shall grant an approval to the person who has a temporary approval, when, upon the completion inspection under Article 8 (2), it is decided that the cable broadcasting facilities conform to the technical standards. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(2) When the Minister of Information and Communication has granted an approval under paragraph (1), he shall issue a certificate as prescribed in the Ordinance of the Ministry of Information and Communication. In this case, the particulars under Article 7 (1), (2), (4) through (6) and the validity term of the approval of the cable broadcast business shall be stated in the certificate. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
Article 11(Approval on Change) #
(1) If a person who has obtained temporary approval as prescribed in Article 7 desires to change any items of the same Article (1), or a cable broadcasting businessman wishes to change the particular statement in a certificate as prescribed in the latter part of Article 10 (2), he shall obtain the approval of the Minister of Information and Communication in accordance with the Presidential Decree: Provided, That with respect to the insignificant matters as determined by the Ordinance of the Ministry of Information and Communication, it may be changed after making a prior report to the Minister of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(2) Deleted. <by Act No. 4999, Dec. 6, 1995>
(3) The provision of Article 8 shall be applied to the approval on change accompanying the increase or reduction of cable broadcasting facilities, among the changes as prescribed in paragraph (1). In this case, a “person who has obtained a temporary approval as prescribed in Article 7” in Article 8 (1) is considered as a “person who has obtained an approval on change as prescribed in Article 11 (1)”.
Article 12(Succession of Approval) #
(1) When a cable broadcasting businessman dies, a successor may succeed to the position of such a cable broadcasting businessman. In this case, a successor who desires to succeed to the position of the cable broadcasting businessman shall make a report accompanied by a document proving his successorship without delay to the Minister of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(2) When corporations in cable broadcasting merge, the corporation which lasts after the merger or is established by the merger, succeeds to the status of the cable broadcasting businessman with the approval of the Minister of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(3) In cases where a cable broadcasting businessman transfers the cable broadcast business, the transferor and the assignee shall obtain the approval on the transfer-assignment from the Minister of Information and Communication in their joint names. The assignee who obtains the approval succeeds to the status of the cable broadcasting businessman. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(4) When those who succeed to the status of the cable broadcasting businessman are more than two persons, one of them shall be selected as the representative.
(5) The provisions of paragraphs (1) through (4) shall be applied to the succession of the status of a person who has obtained temporary approval as prescribed in Article 7.
(6) The provision of Article 4 shall be applied to the reporter as prescribed in paragraph (1) and the applicant for approval as prescribed in paragraphs (2) through (3).
Article 13(Approval, etc. of Standard Subscription Agreement) #
(1) The cable broadcasting businessman shall establish a standard agreement with regard to the subscription fee of the cable broadcast, and other conditions of subscription (hereinafter referred to as “subscription agreement”) under the conditions as prescribed by the Ordinance of the Ministry of Information and Communication and shall obtain the approval of the Minister of Information and Communication on the subscription agreement. This provision shall also apply in cases where he desires to modify it. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(2) If the Minister of Information and Communication wishes to grant an approval under paragraph(1), he shall examine whether it conforms to the following criteria: <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
1. The fee shall be appropriate;
2. The fee shall be prescribed at a fixed rate or a fixed amount;
3. Matters concerning the responsibility of the cable broadcasting businessman and the subscriber should be prescribed properly and clearly; and
4. The contents should not give discriminatory treatment to a specified person.
(3) The cable broadcasting businessman shall not provide cable broadcast without obtaining the approval as prescribed in paragraph (1). <Amended by Act No. 4694, Dec. 31, 1993>
Article 14(Prohibition of Refusal of Furnishing Service, etc. of Cable Broadcasting Businessman) #
(1) The cable broadcasting businessman shall perform the cable broadcasting business faithfully according to the contents of the approval and the subscription agreement.
(2) The cable broadcasting businessman shall not refuse to furnish services of the cable broadcast in its service area without any justifiable reason.
Article 15(Scope of Cable Broadcast, etc.) #
(1) The cable broadcasting businessman shall transmit within the scope of the following subparagraphs, for each kind of cable broadcast business: Provided, That the above shall not apply in cases where he transmits any official announcement, etc. as prescribed by the Ordinance of the Ministry of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4351, Mar. 8, 1991; Act No. 4494, Dec. 31, 1991; Act No. 4694, Dec. 31, 1993; Act No. 4999, Dec. 6, 1995>
1. As for the relay cable broadcasting businessman, the relay transmission (including the relay transmission after recording and video recording) are confined to the broadcast of the broadcasting station;
2. As for the music cable broadcasting businessman, the transmission of the sound records (excluding images) which are sold and distributed must be in accordance with the Sound Records and Video Products Act; and
3. Deleted. <by Act No. 4694, Dec. 31, 1993>
(2) Deleted. <by Act No. 4694, Dec. 31, 1993>
Article 16(Restriction on Inflow of Foreign Capital) #
No person who operates a cable broadcast business, shall receive any contribution of property on such pretext as contribution, patronage, etc. from any foreigner, foreign corporation or organization, or foreign government: Provided, That this shall not apply when it is deemed necessary for the efficient operation of the cable broadcast and there is an approval of the Minister of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
Article 17(Prohibited Matters in Cable Broadcast Transmission) #
The cable broadcasting businessman shall not transmit the contents which fall under any of the following subparagraphs:
1. Contents which might be detrimental to the peace and order of the state, or disturb the public order and good morals;
2. Contents which might damage international friendship;
3. Contents which support and advocate, or slander any specified interest, organization, faith, or thought;
4. Matters concerning the news and comments, or advertisement (excluding the broadcast relay of the broadcasting station); and
5. Other matters as prescribed by the Presidential Decree.
Article 18(Required Documents) #
(1) Deleted. <by Act No. 4694, Dec. 31, 1993>
(2) The cable broadcasting businessman shall record, maintain and keep at his business place the following documents: <Amended by Act No. 4999, Dec. 6, 1995>
1. A cable broadcasting diary;
2. The present state of facilities and the installation drawing of facilities;
3. The area’s map of the cable broadcast business; and
4. The present state of the subscribers.
Article 19(Inspection) #
(1) If it is deemed necessary, the Minister of Information and Communication may have its official enter the cable broadcasting businessman’s office, facilities, and other necessary places and inspect any matters concerning the cable broadcast business. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(2) If any breach of this Act is found as a result of the inspection under paragraph (1), the Minister of Information and Communication shall order it be corrected. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(3) Any public official who conducts the inspection under paragraph (1), shall carry with him a certificate indicating his competence, and show it to the persons concerned.
Article 20(Use of Communication Facilities, etc.) #
In installing cable broadcasting facilities, the one who has obtained temporary approval under Article 7 or the cable broadcasting businessman can use the telecommunication facilities of the basic communication enterpriser as prescribed in the Framework Act on Telecommunications, or the transmission line facilities of a transmission network enterpriser as prescribed in the Composite Cable Broadcasting Act.
[This Article Wholly Amended by Act No. 4999, Dec. 6, 1995]
Article 21(Report on Suspension and Discontinuance of Business) #
If a cable broadcasting businessman wishes to suspend or discontinue his business, he shall make a prior report to the Minister of Information and Communication under the conditions as prescribed by the Ordinance of the Ministry of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
Article 22(Cancellation, etc. of Approval) #
(1) In cases where a cable broadcasting businessman falls under any of the subparagraphs of Article 4, the Minister of Information and Communication shall cancel the approval. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(2) If a cable broadcasting businessman falls under any of the following subparagraphs, the Minister of Information and Communication may cancel the approval, order to suspend its business for a period not more than six months, or levy a penalty not exceeding ten million won: <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
1. Where it has obtained an approval by a deceitful or other unlawful way;
2. Where it violates the order as prescribed in Article 6 (2);
3. Where it provides cable broadcast in contravention of the items stated in a certificate as prescribed in the latter part of Article 10 (2);
4. Where it provides cable broadcast without obtaining the approval on changes as prescribed in Article 11 (1);
5. Where it provides cable broadcast without obtaining approval on the subscription agreement in contravention of Article 13 (3);
6. Where it provides cable broadcast in contravention of Article 15;
7. Where it receives any contribution of property in contravention of Article 16;
8. Where it provides cable broadcast in contravention of any of subparagraphs of Article 17;
9. Where it violates the order of correction as prescribed in Article 19 (2); and
10. Where it violates this Act or the order provided under this Act.
(3) The categories of offenses for which the penalty is imposed and the amount of penalty for each violation, as referred to in paragraph (2), and other necessary matters, shall be determined by the Presidential Decree.
(4) If the penalty as referred to in paragraph (2) is not paid by the time limit, the Minister of Information and Communication shall collect it in accordance with the collection procedures of tax arrears: Provided, That in cases where the competence of paragraph (2) is delegated to the Special Metropolitan City Mayor, of a Do City, the Metropolitan City Mayor, or the Do governor (hereinafter referred to as “Mayor/Do governor”) under Article 26 (1), the Mayor/Do governor shall collect it in accordance with the collection procedure of local tax arrears. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(5) Deleted. <by Act No. 5453, Dec. 13, 1997>
Article 22-2(Hearing) #
Where the Minister of Information and Communication desires to make a disposition falling under any of the following subparagraphs, he shall hold a hearing:
1. Cancellation of temporary approval under Article 9; and
2. Cancellation of approval under Article 22 (1) and (2).
[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]
Article 23(Association) #
(1) For self-regulation of the order of cable broadcast, the cable broadcasting businessmen may establish the Association of Cable Broadcasting Businessman (hereinafter referred to as the “Association”).
(2) The Association shall be a juristic person.
(3) Except as provided by this Act, the provisions of the Civil Act concerning incorporated associations shall be applied mutatis mutandis to the Association.
Article 24 #
Deleted.<by Act No. 4999, Dec. 6, 1995>
Article 25(Fee) #
Any person who applies for an approval, approval on change, or re-approval under this Act, or who desires to undergo an inspection for cable broadcasting facilities, shall pay the fee under the Ordinance of the Ministry of Information and Communication. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4694, Dec. 31, 1993; Act No. 4999, Dec. 6, 1995>
Article 26(Delegation and Entrustment of Authority) #
(1) Part of the authority of the Minister of Information and Communication under this Act may be delegated to the Mayor/Do governor or the Administrator of the Communications Office under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 4999, Dec. 6, 1995>
(2) The Minister of Information and Communication may entrust the part of the inspection works as prescribed by the provision of Article 6 (2) to the Korea Telecommunication Corporation under the Act on the Improvement of Managerial Structure and Privatization of Public Enterprises, or to the Radio Station Management and Business Association under the Radio Waves Act, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 4694, Dec. 31, 1993; Act No. 4999, Dec. 6, 1995; Act No. 5454, Dec. 13, 1997>
Article 27(Penal Provisions) #
Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than three years, or a fine not exceeding fifteen million won: <Amended by Act No. 4999, Dec. 6, 1995>
1. Person who has obtained approval by any deceitful or other unlawful way, and has operated the cable broadcasting business;
2. Person who has operated the cable broadcasting business without obtaining the approval as prescribed in Article 3 (1); and
3. Person who provides cable broadcast in contravention of Article 15.
Article 28(Penal Provisions) #
Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than one year, or a fine not exceeding five million won: <Amended by Act No. 4999, Dec. 6, 1995>
1. Person who refuses, interferes with, or evades inspection as prescribed in Article 6 (2);
2. Person who provides cable broadcast without obtaining the approval on change as prescribed in Article 11 (1);
3. Person who provides cable broadcast without obtaining approval on the subscription agreement in contravention of Article 13 (3);
4. Person who receives any contribution of property in contravention of Article 16;
5. Person who provides cable broadcast in contravention of Article 17 (1) through (4); and
6. Person who refuses, interferes with, or evades inspection as prescribed in Article 19 (1).
Article 29(Fine for Negligence) #
(1) Any Person who falls under any of the following subparagraphs, shall be levied a fine not exceeding five million won: <Amended by Act No. 4999, Dec. 6, 1995>
1. Deleted. <by Act No. 4694, Dec. 31, 1993>
2. Person who fails to keep the document as prescribed in subparagraphs of Article 18 (2), or makes a false record; and
3. Person who fails to make a report on suspension or discontinuance of business as prescribed in Article 21.
(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the Minister of Information and Communication in accordance with the Presidential Decree. <Amended by Act No. 4183 Dec. 30, 1989; Act No. 4999 Dec. 6, 1995>
(3) Any person who cannot accept the disposition of the fine for negligence as referred to in paragraph (2), may make an objection before the Minister of Information and Communication within thirty days after he is informed of such disposition. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4694, Dec. 31, 1993; Act No. 4999 Dec. 6, 1995>
(4) If a person who is subjected to a disposition of the fine for negligence under paragraph (2), makes an objection under paragraph (3), the Minister of Information and Communication shall notify the competent court, without delay, which shall, upon receiving the notification, decide the case in accordance with the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4999, Dec. 6, 1995>
(5) If no objection is made within the period stipulated in paragraph (3) and the fine is not paid, it shall be collected in accordance with the disposition procedure of tax arrears.
Article 30(Joint Penal Provisions) #
If a representative of a juristic person, or an agent, serviceman or employee of a juristic person or an individual commits an offense as prescribed in Article 27 or 28 in connection with the business affairs of the juristic person or individual, the fine as prescribed in the respective Article shall be imposed on such juristic person or individual, in addition to the punishment of the offender.