COMPOSITE CABLE BROADCASTING ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to the improvement of national culture and the promotion of public welfare by promoting the sound growth and development of the cable television broadcasting system and the enhancement of convenience for the users thereof.

Article 2(Definitions) #

For the purpose of this Act, the definitions of terms shall be as follows:

1. The term “cable broadcasting system” means a multi-channel broadcasting system that transmits images (including characters and static pictures), voices, sounds, and other comparable forms of information to a receiver using wire telecommunication facilities;

2. The term “cable broadcasting facilities” means cable broadcasting station facilities and transmission line facilities;

3. The term “system operating facilities” means equipment and facilities of a cable broadcasting station for the purpose of the formation, operation, and transmission of a cable broadcasting system;

4. The term “transmission line facilities” means line facilities necessary for the transmission of cable broadcasting materials;

5. The term “cable broadcasting station” means an enterprise equipped with cable broadcasting facilities which transmits any cable broadcasting materials after receiving the programs from a program provider;

6. The term “program provider” means a business supplying broadcasting programs to cable broadcasting stations;

7. The term “network operator” means a business that installs and operates transmission line facilities;

8. The term “cable broadcasting zone” means a zone in which a cable broadcasting station provides cable broadcasting services;

9. The term “subscriber” means a person who has concluded a service contract with a cable broadcasting station in order to receive cable broadcasting materials; and

10. The term “simultaneous re-transmission” means a method by which broadcasting material is received through wireless broadcasting from a cable broadcasting station under the Broadcasting Act, and simultaneously re-transmitted without making alterations to the program.

Article 3(Government Policy) #

In order to attain the purposes of this Act, the Minister of Culture and Tourism shall devise a fundamental and comprehensive policy with regard to cable broadcasting.

Article 4(Restriction on Concurrent Operation of Business) #

(1) A cable broadcasting station, program provider, and a network operator shall not be operated concurrently with each other beyond the scope as determined by the Presidential Decree in consideration of the aggregate value of assets, sales volume, and the market share (including the possession of stocks or shares; hereinafter the same shall apply).

(2) A cable broadcasting station may not be operated concurrently with another cable broadcasting station beyond the scope outlined by the Presidential Decree in consideration of the population within the broadcasting zone, the market share thereof, and other comparable conditions. A person operating a program provider (hereinafter referred to as “program supplier”) shall not concurrently operate other program providers.

(3) A cable broadcasting station and a broadcasting station as prescribed by the Broadcasting Act (hereinafter referred to as the “wireless broadcasting station”) shall not be operated concurrently.

(4) Corporations operating daily newspapers or communications services as prescribed by the Registration of Periodicals Act shall not hold stocks or contribution quotas beyond the limit of 33 percent of the total number of stocks or contribution quotas of a cable broadcasting station.

(5) No large enterprise or its affiliated company as determined by the Presidential Decree shall hold stocks or shares of a cable broadcasting station beyond the scope of 33 percent of the total number of stocks or contribution quotas: Provided, That this shall not apply where the enterprise or company was designated as a large enterprise or its affiliated company as determined by the Presidential Decree after it has bought the stock or contribution quota.

(6) No political party or religious organization supporting or advocating a specified ideology or thought shall operate a cable broadcasting station or hold stocks or shares thereof.

(7) No person shall hold the stocks or shares of a corporation which operates a news program provider (hereinafter referred to as “news program provider”) in excess of 30 percent of the total amount of stocks of the corporation, including those owned by a special party concerned as prescribed by the Presidential Decree.

(8) Notwithstanding the provisions of paragraph (7), no large enterprise or its affiliated companies as determined by the Presidential Decree and no corporation which operates a daily newspaper or a communications service shall operate a corporation which provides news programming or hold stocks or shares thereof.

(9) No person who has a special relationship with a person who is subject to the prohibition of concurrent operation or management under paragraphs (1) through (5), shall own a cable broadcasting station, and no person having a special relation with a person who is subject to prohibition of operation under paragraph (8), shall operate a corporation which provides news programming or own stocks or contribution quotas thereof. In this case, the scope of those having a special relationship shall be prescribed by the Presidential Decree.

(10) No person who owns stocks or shares in contravention of the provisions of paragraphs (1) through (9) shall exercise voting rights on such stocks or shares.

Article 5(Grounds for Disqualification) #

(1) Neither the State, local governments, nor any persons other than corporations shall operate cable broadcasting stations, program providers, or network operators (hereinafter referred to as “cable broadcasting businesses”). This provision shall also apply to a person for whom two years have not elapsed after permission or designation has been cancelled under the provisions of Article 21.

(2) No person who falls under any of the following subparagraph, shall be a representative, or program director of a corporation operating a cable broadcasting business:

1. A person who does not hold the nationality of the Republic of Korea;

2. A minor, or a quasi-incompetent or incompetent person;

3. A person who is declared bankrupt, but not yet rehabilitated;

4. A person sentenced to punishment more severe than imprisonment without prison labor due to the commission of a crime as provided in Articles 87 through 90 and 92 through 101 of the Criminal Act, Articles 5 through 8, 9 (2), and 11 through 16 of the Military Criminal Act, and Articles 3 through 9 of the National Security Act, where the sentence has not yet been completed, the remission of the sentence is indefinite, or the suspended sentence period has not yet been completed;

5. A person who is under security and probational surveillance pursuant to the Security Surveillance Act, or under protection under the Social Protection Act;

Article 6(Restriction on Inflow of Foreign Capital) #

(1) No person who operates a cable broadcasting business shall receive an investment or contribution of property under the pretext of a contribution, donation, or any other method from foreigners, foreign governments, or foreign organizations in excess of 33 percent of the total number of stocks or contribution quotas: Provided, That in the case of a news program providing business, they shall not receive any subsidy, contribution or investment of property from any foreigner, foreign governments, or foreign organization.

(2) The provisions of Article 4 (10) shall apply mutatis mutandis in case of paragraph (1).

Article 7(Permission for Cable Broadcasting Station) #

(1) A person who desires to operate a cable broadcasting station shall obtain permission of the Minister of Culture and Tourism through the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as the “Mayor/Do governor”) as prescribed by the Presidential Decree.

(2) If the Minister of Culture and Tourism desires to grant permission under paragraph (1), he shall examine the matters falling under each of the following subparagraphs:

1. The purpose and contents of the cable broadcasting station shall not be contrary to the provisions of Acts and subordinate statutes, and they shall not be detrimental to the interests of the State;

2. The cable broadcasting station shall be regionally, socially, and culturally necessary and proper;

3. The cable broadcasting station shall contribute to the development of the community through the operation of cable broadcasting station;

4. The cable broadcasting shall have sufficient finances for the operation of the cable broadcasting station; and

5. The installation plan of the system operating facilities shall use reasonable and appropriate technical standards as provided under Article 30, and shall demonstrate technical capability suitable for the operation of the cable broadcasting station.

(3) In examining the matters under paragraph (2) 2 through 4, the Minister of Culture and Tourism shall consult the competent Mayor/Do governor.

(4) In examining the matters under paragraph (2) 5, the Minister of Culture and Tourism shall consult with the Minister of Information and Communication.

(5) When the Minister of Culture and Tourism has granted permission under paragraph (1), he shall notify the head of the concerned central administrative agency and Mayor/Do governor.

Article 8(Regional Business Rights) #

(1) In granting permission under Article 7, the Minister of Culture and Tourism may grant an exclusive right to conduct business in a specified cable broadcasting zone (hereinafter referred to as a “regional business right”).

(2) The cable broadcasting zone under paragraph (1) shall be designated and publicly announced by the Minister of Culture and Tourism under the conditions as prescribed by the Presidential Decree, taking into account the telecommunication circuit facilities, the residential zone, geographical conditions, and other comparable conditions of the area.

(3) In vesting the regional business right under paragraph (1), the Minister of Culture and Tourism may attach conditions necessary for the promotion of the public interest and the convenience of the subscribers.

(4) The Minister of Culture and Tourism may collect a fee for the regional business right from the person who is vested with such right under the provisions of paragraph (1) within the limit of 5 percent of the total annual proceeds, under the conditions as prescribed by the Presidential Decree.

Article 9(Installation of System Operating Facilities, and Inspection on Completion thereof) #

(1) A cable broadcasting station which has been granted permission under the provisions of Article 7 shall install the system operating facilities by the time limit as prescribed by the Presidential Decree, and undergo inspection upon completion by the Minister of Information and Communication. These provisions shall also apply to the alteration of such installed facilities.

(2) If the cable broadcasting station is unable to install the system operating facilities by the time limit set forth in paragraph (1) due to a natural disaster or any other force majeure, he may apply for an extension of the time limit for the installation of the facilities to the Minister of Information and Communication.

(3) When the cable broadcasting station undergoes inspection by the Minister of Information and Communication upon the completion of the cable broadcasting station facilities under the provisions of paragraph (1), it shall report to the Minister of Culture and Tourism without delay as prescribed by the Presidential Decree.

Article 10(Permission for Change) #

(1) If a cable broadcasting station desires to change the permitted matters, it shall obtain permission for such changes from the Minister of Culture and Tourism under the conditions as prescribed by the Presidential Decree.

(2) Where the Minister of Culture and Tourism desires to permit any change under the provisions of paragraph (1), if the planned change involves a change of the system operating facilities, matters regarding the facilities shall require the consent of the Minister of Information and Communication.

(3) When the Minister of Culture and Tourism has permitted any change under the provisions of paragraph (1), he shall notify the concerned head of the central administrative agency and Mayor/Do governor.

Article 11(Valid Term of Permission) #

The valid term of permission for a cable broadcasting station shall be prescribed by the Presidential Decree within the scope of five years.

Article 12(Renewed Permission) #

(1) If a person who is granted permission for the cable broadcasting station desires to operate it beyond the valid term of the permission, he shall obtain renewed permission from the Minister of Culture and Tourism under the conditions as prescribed by the Presidential Decree.

(2) When the Minister of Culture and Tourism desires to grant the renewed permission under paragraph (1), he shall examine the matters falling under any of the following subparagraphs, in addition to those under each subparagraph of Article 7 (2):

1. Whether the person fulfilled the conditions of permission faithfully without violating this Act; and

2. Whether the service provided by the cable broadcasting station reasonably reflects the opinions of the residents in the area concerned.

(3) Where the Minister of Culture and Tourism deems it inappropriate to renew permission as a result of the examination under paragraph (2), he shall consult with the Mayor/Do governor on the matters under paragraph (2) 2.

(4) When the renewed permission under the provisions of paragraph (1) is granted, the Minister of Culture and Tourism shall notify the head of the competent central administrative agency and Mayor/Do governor.

Article 13(Registration of Program Provider) #

A person who desires to operate a program provider shall obtain permission from the Minister of Culture and Tourism via the Cable Broadcasting Committee under the conditions as prescribed by the Presidential Decree: Provided, That persons who intend to conduct a news program provider shall obtain the approval of the Minister of Culture and Tourism.

Article 14(Notification of Designated Specialized Programs) #

The Minister of Culture and Tourism may designate and announce particular types of programs to be supplied as broadcasting programs in order to ensure the sufficient specialization and diversity thereof, and not to overemphasize specific topics.

Article 15(Supply of Broadcasting Programs) #

(1) A program provider shall supply high quality broadcasting programs to cable broadcasting stations at a fair and reasonable market price.

(2) A program provider shall produce at least the amount of broadcasting programs as specified by the Presidential Decree.

Article 16(Import of Foreign Broadcasting Programs) #

If a program provider desires to import any broadcasting programs of a foreign country or to relay any foreign broadcasts (including relaying reedited programs; hereinafter the same shall apply), he shall obtain the approval of the Minister of Culture and Tourism under the conditions as prescribed by the Presidential Decree.

Article 17(Registration of Network Operator) #

(1) Any person who desires to operate a network shall register with the Minister of Information and Communication.

(2) When the Minister of Information and Communication receives the registration under paragraph (1), he shall notify the Minister of Culture and Tourism.

Article 18(Installation and Use of Transmission Line Facilities) #

A cable broadcasting station shall install its own transmission line facilities or use the transmission line facilities of a transmission line businessman or the telecommunications facilities of a key communications businessman under the Framework Act on Telecommunications.

Article 19(Confirmation of Installation of Transmission Line Facilities) #

(1) Where a cable broadcasting station installs its own transmission line facilities or a network operator has concluded a contract for use of the transmission line facilities with the cable broadcasting station, the transmission line facility shall be installed under the conditions as determined by the Ordinance of the Ministry of Information and Communication, and confirmation regarding whether it conforms to the technological standards under Article 25 of the Framework Act on Telecommunications shall be obtained. The same shall apply where an installed transmission line facility is altered.

(2) The Minister of Information and Communication shall notify the Minister of Culture and Tourism of the result of confirmation under paragraph (1).

Article 20(Contract for Use of Transmission Line Facilities) #

(1) A network operator shall establish an agreement concerning the user fee for the transmission line facilities and other conditions of use (hereinafter the “agreement on use”) under the conditions as prescribed by the Presidential Decree, and obtain the approval of the Minister of Information and Communication. This provision shall also apply where he desires to modify the agreement.

(2) Where the Minister of Information and Communication intends to grant approval under the provisions of paragraph (1), he shall examine whether it is suitable according to the following standards:

1. Whether the user fee is appropriate;

2. Whether the matters concerning the responsibility of the network operator and transmission line users are impartial and clear; and

3. Whether the designated persons are not unfairly discriminated against.

(3) Where the Minister of Information and Communication intends to approve agreement on use under paragraph (1) or alterations thereof, he shall consult with and gain the consent of the Minister of Culture and Tourism on the matters relating to the user fee of the transmission line facilities.

Article 21(Cancellation of Permission) #

(1) If a cable broadcasting station falls under any of the following subparagraphs, the Minister of Culture and Tourism may cancel its permission or set a fixed period of not more than three months for the suspension of all or part of the operation thereof:

1. Where it has obtained permission to operate under Article 7 (1), permission for modification under Article 10 (1), or renewal of permission under Article 12 (1) in a false or unlawful manner;

2. Where it violates the prohibition of concurrent operation or possession under Article 4 (1) through (4);

3. Where a person who has a special relationship with a large enterprise or its affiliated company, a political party, a religious organization, or a person who is subject to the prohibition of concurrent operation or possession of businesses under Article 4 (5), (6) or (9) operates a cable broadcasting station;

4. Where it receives any contribution of property in contravention of the provisions of Article 6 (1);

5. Where it does not undergo inspection upon completion of the system operating facilities by the time limit under Article 9 (1) (where it receives an extension of the time limit under Article 9 (2), the extended time limit);

6. Where it broadcasts an advertisement in contravention of the provisions of Article 25 (1), (2) or (4);

7. Where it violates a corrective order under Article 43;

8. Where it violates a facilities improvement order under Article 44; and

9. Where it does not broadcast for a period beyond that as prescribed by the Presidential Decree.

(2) Where a program supplier falls under any of the following subparagraphs, the Minister of Culture and Tourism may cancel its permission or set a period of not more than three months for the suspension of all or part of its operations:

1. Where he has registered under Article 13 in a false or unlawful manner;

2. Where he violates the prohibition of concurrent operation under Article 4 (1)and (2);

3. Where a person who has a special relationship with a large enterprise or its affiliated company under Article 4 (8), or a person with a special relationship to a person subject to the prohibition of possession or operation under paragraph (8) of the same Article operates a corporation which is a news program provider.

4. Where he receives a contribution or investment of property in contravention of the provisions of Article 6 (1) ;

5. Where he supplies programs other than those specified and notified under Article 14;

6. Where he imports foreign broadcasting programs or relays foreign broadcasts without obtaining approval under Article 16;

7. Where he violates a corrective order under Article 43; and

8. Where he does not supply broadcasting programs for a period beyond that as prescribed by the Presidential Decree.

(3) If a network operator falls under any of the following subparagraphs, the Minister of Information and Communication may cancel its designation or set a period not exceeding three months and order the suspension of all or part of the operation thereof:

1. Where he registers under the provisions of Article 17 (1) in a false or unlawful manner; and

2. Where he violates a facilities improvement order under the provisions of Article 44.

(4) Where the Minister of Culture and Tourism intends to take action under paragraph (1), he shall hear the opinion of the Mayor/Do governor, and where he intends to take action under paragraph (2), he shall hear the opinion of the Cable Broadcasting Committee under Article 31.

(5) If the Minister of Information and Communication has cancelled the registration under the provisions of paragraph (3), he shall notify the Minister of Culture and Tourism.

(6) Where the Minister of Culture and Tourism or the Minister of Information and Communications is required to give an order for the suspension of operation of a cable broadcasting station under any of the subparagraphs of paragraphs (1) through (3), he may punish the cable broadcasting station with a fine not exceeding 20 million won instead if such suspension of operation might cause considerable inconvenience to the cable subscribers or may be detrimental to public interests in any other way.

(7) The categories of offenses for which the penalty under paragraph (6) is imposed, the amount of the penalty, and other necessary matters shall be prescribed by the Presidential Decree.

(8) If a person who must pay the penalty under paragraph (6) does not pay it by the deadline for payment, the Minister of Culture and Tourism or the Minister of Information and Communication shall collect it according to the exemples of disposition of national taxes in arrears.

Article 22(Composition and Operation of Channels) #

(1) The channels of a cable broadcasting station shall be constituted and operated so as to embody a diversity of broadcasting topics.

(2) The cable broadcasting station shall reserve a channel which the State may use for any public purpose as prescribed by the Presidential Decree.

(3) The cable broadcasting station may operate a regional channel to transmit regional information, information on broadcasting programs, official announcements, and other comparable materials which it produces, as prescribed by the Presidential Decree.

Article 23(Freedom of and Responsibility for Program Arrangement) #

(1) No person may regulate or interfere with the program arrangement of a cable broadcasting system except as prescribed by this Act.

(2) The head of a cable broadcasting station or a program supplier shall designate persons responsible for program arrangement and advertisement, and publish their names one or more times each day during broadcasting hours. If they are unable to perform their duties, he shall immediately designate persons to act on their behalf.

Article 24(Arrangement of Foreign Broadcasting Materials) #

The ratio of imported programs to the total number of programs shall not exceed the standard determined by the Presidential Decree.

Article 25(Commercials) #

(1) A commercial shall be distinguished clearly from a broadcasting program so as not to confuse the viewers.

(2) The time, frequency, and other comparable factors of commercials broadcast shall be prescribed by the Presidential Decree within the scope of not impeding the arrangement and operation of the cable broadcasting system.

(3) The provisions of paragraphs (1) and (2) shall not apply to channels exclusively used for commercials.

(4) The cable broadcasting station shall broadcast non-commercial public interest announcements or advertisements at a rate not lower than that as prescribed by the Presidential Decree.

Article 26(Simultaneous Re-transmission of Wireless Broadcasts) #

(1) The cable broadcasting station shall simultaneously retransmit any broadcasts (excluding radio broadcasts) by a wireless broadcasting station as prescribed by the Presidential Decree: Provided, That where the broadcasting zone of the concerned cable broadcasting station is not included in that of the wireless broadcasting station which desires to simultaneously retransmit, this shall not apply.

(2) In the case of a simultaneous retransmission under paragraph (1), the provisions of Article 69 of the Copyright Act concerning the right of the concerned wireless broadcasting station to relay the simultaneous broadcast shall not apply.

Article 27(Duty for Furnishing Service and Approval on Standardized Terms and Conditions) #

(1) No cable broadcasting station shall refuse to provide cable service in the cable broadcasting zone under its control without justifiable reason.

(2) The cable broadcasting station shall prepare standardized terms and conditions concerning the television fee and the provision of other services as prescribed by the Ordinance of the Ministry of Culture and Tourism, and obtain the approval of the Minister of Culture and Tourism. This provision shall also apply where the cable broadcasting station intends to modify the standardized terms and conditions.

(3) If the Minister of Culture and Tourism desires to approve the standardized terms and conditions under paragraph (2), he shall examine whether it complies with the following standards:

1. The television fee shall be appropriate;

2. The matters concerning the responsibility of both the cable broadcasting station and the subscriber shall be impartial and clear; and

3. There shall not be unreasonable discrimination against designated persons.

(4) If the Minister of Culture and Tourism intends to approve the standardized terms and conditions or modification under paragraph (2), he shall hear the opinion of the Cable Broadcasting Committee under Article 31.

Article 28(Recording and Preservation of Broadcast Contents) #

(1) The cable broadcasting station and program provider shall keep a broadcast diary to keep a record of the broadcast materials.

(2) The cable broadcasting station shall keep the original or a copy of the broadcasting programs it produced under the provisions of Article 22(3) for one month after broadcasting them.

(3) The program provider shall keep the original or a copy of the broadcasting programs supplied to the cable broadcasting stations for one month after broadcasting them.

Article 29(Report on Discontinuance and Suspension of Business) #

(1) If a cable broadcasting station desires to discontinue its business, it shall report without delay to the Minister of Culture and Tourism as prescribed by the Presidential Decree.

(2) A cable broadcasting station may discontinue its business only in case of force majeure such as a natural disaster. In this case, the cable broadcasting station shall report without delay to the Minister of Culture and Tourism as prescribed by the Presidential Decree.

Article 30(Technological Standard for Installation of Cable Broadcasting Station Facilities) #

Matters necessary for the installation and maintenance of the cable broadcasting station and the boundary points of transmission line facilities shall comply with the technological standards (hereinafter “technological standards”) as determined by the Presidential Decree.

Article 31(Establishment of Cable Broadcasting Committee) #

(1) In order to enhance the public and moral dimension of the cable broadcasting system and the qualitative improvement of broadcast content, the Cable Broadcasting Committee (hereinafter “Committee”) shall be established.

(2) The Committee shall be composed of seven to eleven members including a chairman and a vice-chairman.

(3) The chairman and the vice­chairman shall be elected from among the members.

(4) The Committee may appoint three or fewer standing members including the chairman.

(5) The members shall be appointed by the Minister of Culture and Tourism from among those as prescribed by the Presidential Decree, such as experts in the broadcasting field, those qualified as lawyers, and those with other comparable qualifications.

(6) The chairman shall represent the Committee and control the general affairs of the Committee, and if he is absent due to an accident, the vicechairman shall act on his behalf.

(7) Other matters necessary for the composition and operation of the Committee shall be prescribed by the Presidential Decree.

Article 32(Term of Members) #

(1) The term of the members including the chairman and the vicechairman shall be three years.

(2) If a vacancy occurs among the members, a substitute shall be appointed under the provisions of Article 31, and the term of the substitute shall be the remaining period of his predecessor.

Article 33(Independence and Guarantee of Status of Member) #

(1) No member shall be subject to any external order or interference in his duties during his tenure.

(2) No member shall be dismissed from his office against his will, except in cases falling under any of the following subparagraphs:

1. Where he is sentenced to a punishment more severe than imprisonment without prison labor; and

2. Where he is unable to carry out his duties due to a long-term mental or physical disability.

Article 34(Function of Committee) #

(1) The Committee shall deliberate and decide on matters falling under any of the following subparagraphs:

1. Matters concerning the public nature and morality of the contents of cable broadcasting;

2. Matters concerning the presentation of an opinion by the Committee under the provisions of Articles 21 (4), and 27 (4);

3. Matters concerning a survey of cable subscribers on problems and suggestions; and

4. Matters concerning the enactment, amendment, and repeal of Committee regulations.

(2) In deliberating and deciding matters under the subparagraphs of paragraph (1), the Committee may deliberate and decide whether advertising materials are to be broadcasted prior to their broadcast.

(3) If the contents of a cable broadcast are contrary to the standards for deliberation under Article 37, the Committee may issue the cable broadcasting station or program supplier a warning or order an explanation, apology, correction, or suspension of the concerned advertisement or program (hereinafter referred to as the “corrective measures”).

(4) If the Committee desires to order corrective measures, it shall give the person concerned or his representative an opportunity to state his opinion in advance: Provided, That where the person concerned or his representative does not comply without justifiable reason, or it is impossible to give him an opportunity to state his opinion due to the obscurity of his address or other factors, this shall not apply.

(5) A cable broadcasting station or program provider receiving the order under paragraph (3) shall fulfill the order within fourteen days and report the result to the Committee.

(6) In issuing an order under paragraph (3) or receiving the report under paragraph (5), the Committee shall notify the Minister of Culture and Tourism without delay.

Article 35(Quorum for Decision) #

The proceedings of the Committee shall be decided with the attendance of not less than two-thirds of all members and by a concurrent vote of a majority of members present.

Article 36(Establishment of Deliberation Affairs Organ) #

(1) In order to assist with the deliberation as provided in Article 34 (1) 1 and (2), the Committee may establish a deliberation affairs organ.

(2) The matters necessary for the organization and operation of the deliberation affairs organ shall be determined by the Committee regulations.

Article 37(Standard for Deliberation) #

In order to deliberate matters under Article 34 (1) 1, the Committee shall enact and promulgate the standards for deliberation as Committee regulations, including matters falling under any of the following subparagraphs:

1. Matters concerning the maintenance of fundamental democratic order and respect for human rights under the Constitution of the Republic of Korea;

2. Matters concerning sound home life and the proper guidance of children and youths;

3. Matters concerning the elimination of lewdness, decadence, and violence, and the encouragement of public morality and social ethics;

4. Matters concerning the prevention of damaging international friendship;

5. Matters concerning the cultivation of national independence;

6. Matters concerning the creative development of national culture;

7. Matters concerning the impartiality of news and comment; and

8. Matters concerning the corrective measures under Article 34.

Article 38(Secretariat) #

(1) The Committee shall set up a secretariat to assist with the affairs of the Committee.

(2) A secretary general and necessary personnel shall be assigned to the secretariat, and they shall be appointed by the chairman. In this case, if the chairman appoints the secretary general, he shall obtain the consent of the Committee.

(3) The organization and operation of the secretariat, the remuneration of employees of the secretariat, and other necessary matters shall be determined by the Committee regulations.

Article 39(Committee Regulations) #

The chairman may enact regulations relating to the operation of the Committee through a resolution of the Committee.

Article 40(National Subsidies) #

The State may pay subsidies to the Committee within the scope of the budget.

Article 41(Claim for Rebuttal) #

(1) Any person who has been aggrieved by an allegation broadcast by a cable broadcasting station (hereinafter “aggrieved person”) may make a claim in writing for rebuttal time to the cable broadcasting station within one month after he is informed of such allegation: Provided, That where six months have elapsed after the broadcast of the allegation, this shall not apply.

(2) The written claim for rebuttal shall include the signature, seal, and address of the aggrieved person or his representative, and the contents of the allegation against which the objection is made, and the written rebuttal requested to be broadcast shall be appended thereto.

(3) Where it receives a request for rebuttal, the cable broadcasting station shall broadcast it free of charge without delay after consulting with the aggrieved person or his representative about the contents of such rebuttal: Provided, That where the aggrieved person has no rightful interest in the exercise of the claim for rebuttal, the contents of the requested rebuttal are obviously contrary to the facts, or the claim aims at commercial advertising, the broadcast may be refused.

(4) The rebuttal shall be limited to a factual statement and any explanation required to communicate it distinctly, and it may not include any unlawful contents.

(5) The number of characters in the written rebuttal may not exceed that of the published contents against which the objection is made.

(6) A rebuttal broadcast by a cable broadcasting station shall be broadcast on the same channel, in the same time zone, and in a manner which produces the same effect as the broadcast material which gave cause for the rebuttal.

(7) If a program provider is also connected with the claim for rebuttal under paragraph (1), the competent program provider shall discharge the liability for providing rebuttal time in a manner similar to that under paragraph (6).

(8) The provisions of paragraphs (1) through (7) shall not apply to any factual broadcasting on any public meeting of the State, local governments or public organization, or public trial procedure of the court.

(9) The State, local governments, or the head of an institution or organization may request rebuttal time on behalf of such institution or organization.

(10) The provisions of Articles 18, 19, 19-2, and 20 of the Registration of Periodicals Act shall apply mutatis mutandis to matters concerning the arbitration of disputes caused by a cable broadcast and the proceedings thereof, matters concerning the decision of cases of request for rebuttal, and the request for a further report.

Article 42(Request for Submission of Data) #

(1) Where the Minister of Culture and Tourism deems it necessary for the qualitative improvement of the cable broadcasting system and the establishment of sound order, he may request a cable broadcasting businessman to submit necessary data as prescribed by the Presidential Decree.

(2) The Minister of Information and Communication may request a cable broadcasting station and network operator to submit necessary data on the cable broadcasting facilities as prescribed by the Presidential Decree.

Article 43(Corrective Order) #

If a cable broadcasting businessman falls under any of the following subparagraphs, the Minister of Culture and Tourism may issue a corrective order:

1. Where it is deemed that he violates this Act or any permitted condition; and

2. Where it is deemed that matters concerning the services of the cable broadcasting station unreasonably undermine the interests of the subscribers.

Article 44(Facilities Improvement Order) #

If the system operating facilities are not suitable according to the technical standards under Article 30 of this Act, or Article 25 of the Framework Act on Telecommunications, the Minister of Information and Communication may order the repair, improvement, or removal of such facilities, or other necessary measures (hereinafter “facilities improvement order”).

Article 45(Hearing) #

Where the Minister of Culture and Tourism or the Minister of Information and Communications desires to take action under any of the following subparagraphs, he shall give the person concerned an opportunity to express his opinion: Provided, That if the person subject to the disposition or his representive does not comply without justifiable reason, or where it is impossible to give him the opportunity to express his opinion due to the obscurity of his address or other circumstances, this shall not apply:

1. Where the renewed permission under Article 12 is not given; and

2. Where the permission or registration is cancelled, operations suspended, or fines levied under Article 21.

Article 46(Fee) #

A person who applies for permission, permission on change, renewed permission or designation under this Act, or who desires to undergo an inspection upon the completion of the system operating facilities, shall pay the fee as prescribed by the Ordinance of the Ministry of Culture and Tourism. In this case, he shall consult with the Minister of Information and Communication in connection with the designation application fee and the completion inspection fee of the system operating facilities.

Article 47(Delegation and Entrustment of Authority) #

The Minister of Information and Communications may delegate the authority to conduct the completion inspection under Article 9 (1) to the Administrator of Communications Office as prescribed by the Presidential Decree, or entrust it to the Radio Station Management and Business Association as prescribed by the Radio Waves Act.

Article 48(Penal Provisions) #

A person who falls under any of the following subparagraphs, shall be punished by imprisonment of not more than three years, or a fine not exceeding twenty million won:

1. A person who has obtained permission, renewed permission, or designation under Article 7 (1), 12 (1), 13 or 17 (1) in a false or unlawful manner, and has operated the cable broadcasting business; and

2. A person who has operated the cable broadcasting business without obtaining permission, renewed permission, or designation under Article 7 (1), 12 (1), 13 or 17 (1).

Article 49(Penal Provisions) #

A 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 ten million won:

1. A person who violates the prohibition of concurrent operation of businesses as provided in Article 4 (1) through (4);

2. A person who manages a cable broadcasting station, or owns stocks or shares thereof in contravention of the provisions of Article 4 (5) or (9);

3. A person who manages a corporation conducting a news program providing business, or owns stocks or shares thereof, in contravention of the provisions of Article 4 (7) through (9);

4. A person who receives a contribution of property in contravention of the provisions of Article 6 (1);

5. A person who obtains permission on change as provided in Article 10 (1) in a false or unlawful manner, and manages a cable broadcasting station;

6. A person who manages a cable broadcasting station without obtaining the permission on change as provided in Article 10 (1);

7. A person who imports a foreign broadcasting program or relays a foreign broadcast without obtaining the approval as provided in Article 16;

8. A person who regulates or interferes with the arrangement of cable programming as provided in Article 23 (1);

9. A person who violates the order under Article 34 (3); and

10. A person who produces and distributes obscene materials which may be considerably detrimental to the public order and good morals, in contravention of the deliberation standards as provided in Article 37.

Article 50(Joint Penal Provisions) #

If a representative of a corporation, or an agent, employee, or other employed person of a corporation or an individual, commits an offense as provided in Article 48 or 49 in connection with the affairs of the corporation or the individual, the fine under the relevant Article shall be imposed on such corporation or individual, in addition to the punishment of the offender.

Article 51(Fine for Negligence) #

(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:

1. A person who does not make a report as provided in Article 9 (3) or Article 29;

2. A person who broadcasts programs imported from foreign countries in excess of the programming rate as provided in Article 24;

3. A person who does not record the broadcast diary as provided in Article 28 (1) or makes a false record;

4. A person who does not keep the original or a copy of a broadcast program as provided in Article 28 (2) or (3);

5. A person who does not submit data as provided in Article 42, or submits false data.

(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Minister of Culture and Tourism or the Minister of Information and Communication (hereinafter “imposing authority”) as prescribed by the Presidential Decree.

(3) A person who is dissatisfied with the disposition of the fine for negligence under paragraph (2) may make an objection against the imposing authority within thirty days after he is informed of such disposition.

(4) If a person who is subject to a disposition of a fine for negligence under the provisions of paragraph (2) makes an objection under paragraph (3), the imposing authority shall notify the competent court without delay, and upon receiving the notification, the competent court shall bring the case to trial under the Non-Contentious Case Litigation Procedure Act.

(5) If no objection is made, and no fine for negligence is paid within the period under paragraph (3), it shall be collected according to the example of the disposition of national taxes in arrears.