Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters delegated by the Management of Cable Broadcasting Act (hereinafter referred to as the “Act”) and to provide the necessary matters for its enforcement. <Amended by Presidential Decree No. 14100, Dec. 31, 1993>
Article 2 #
Deleted.<by Presidential Decree No. 14100, Dec. 31, 1993>
Article 3(Validity Period of Approval) #
The validity period of the approval for each type of cable broadcasting business, under the provisions of Article 3 (2) of the Act, shall be three years respectively. <Amended by Presidential Decree No. 13682, Jun. 30, 1992>
Article 4(Approval and Re-Approval) #
(1) A person who desires to obtain an approval for a cable broadcasting business pursuant to Article 3 (1) of the Act, shall submit an application for cable broadcasting business approval, as prescribed by the Ordinance of the Ministry of Information and Communication. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
(2) A person who desires to obtain a re-approval pursuant to Article 3 (3) of the Act, shall submit an application for renewal of cable broadcasting business approval, pursuant to the Ordinance of the Ministry of Information and Communication. <Amended by Presidential Decree No. 12898, Jan. 3, 1990: Presidential Decree No. 13682, Jun. 30, 1992; Presidential Decree No. 14958, Mar. 28, 1996>
(3) The validity periods of approval for cable broadcasting businesses as prescribed in Article 3, shall be applied in the case of re-approval.
Article 5 #
Deleted.<by Presidential Decree No. 14958, Mar. 28, 1992>
Article 6(Conditions, etc. for Approval of Cable Broadcasting Business) #
(1) In granting approval of a relay cable broadcasting business and music cable broadcasting business, the Minister of Information and Communication may require the approval be conditional upon subscription to a warranty insurance designating the State as the insured and for the fixed amount of compensation not less than the basic amount as prescribed by the Ordinance of the Ministry of Information and Communication, in order to guarantee the maintenance of basic financial conditions under Article 5 (2) 2 of the Act and to protect the users of the cable broadcasting facilities. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996; Presidential Decree No. 15553, Dec. 27, 1997>
(2) When a cable broadcasting enterpriser, who received a license conditional upon subscription to an insurance as prescribed under the provisions of paragraph (1), subscribes to such an insurance, the cable broadcasting enterpriser shall submit to the Minister of Information and Communication a document certifying such fact without delay. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
(3) The cable broadcasting enterpriser shall continuously maintain the insurance under paragraph (1) during the period of its cable broadcasting business, except when the approval is revoked or it’s cable broadcasting business closes down.
Article 7(Inspections of Cable Broadcasting Facilities) #
(1) The inspection of cable broadcasting facilities, carried out by the Minister of Information and Communication, pursuant to Article 6 (2) of the Act, shall be as follows: <Amended by Presidential Decree No. 14958, Mar. 28, 1996>
1. Inspection on completion;
2. Periodic inspection;
3. Inspection of facilities changes; and
4. Extraordinary inspection.
(2) The periodic inspection of paragraph (1) 2 shall be carried out periodically every 3 years, as prescribed by the Minister of Information and Communication, and with respect to a person who received an inspection on completion, the first periodic inspection shall be carried out within 1 year before the expiration date of the valid period of the approval. <Amended by Presidential Decree No. 14100, Dec. 31, 1993; Presidential Decree No. 14958, Mar. 28, 1996>
(3) When the Minister of Information and Communication carries out inspections pursuant to the provisions of paragraph (1), he may allow the Ministry officials to enter the offices and facilities of cable broadcasting enterprisers or other necessary places, and make inspections on the cable broadcasting facilities. <Amended by Presidential Decree No. 14958, Mar. 28, 1996>
(4) A person who carries out an inspection pursuant to the provisions of paragraph (3), shall have a certificate indicating his authority and present such certificate to any persons concerned.
Article 8(Time Limit for Completion) #
(1) The time limit for completion of cable broadcasting facilities designated by the Minister of Information and Communication pursuant to the provisions of Article 7 (1) 3 of the Act, shall be as follows: <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14100, Dec. 31, 1993; Presidential Decree No. 14958, Mar. 28, 1996>
1. Relay cable broadcasting facilities: 6 months; and
2. Music cable broadcasting facilities: 6 months.
(2) In cases where a person who received a temporary approval for a cable broadcasting business has compelling cause for being unable to complete the cable broadcasting facilities within the time limit of paragraph (1), he may apply to the Minister of Information and Communication for a postponement of the time limit for completion. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
(3) When an application for postponement of the time limit for completion as referred to in paragraph (2) is received, the Minister of Information and Communication may extend such time limit for completion, for a period of 2 months, and limited to one time. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 9(Qualifications and Number of Persons Engaged in Business) #
The qualifications and number of the persons engaged in the business as designated by the Minister of Information and Communication pursuant to the provisions of Article 7 (1) 4 of the Act, shall be in accordance with the technical criteria (hereinafter referred to as “technical criteria”) under Article 6 (1) of the Act. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 10(Scope of Area of Cable Broadcasting Business) #
(1) The scope of the area of relay cable broadcasting business and music cable broadcasting business pursuant to the provisions of Article 7 (2) of the Act, shall be upon the jurisdictional areas of Si/Gun/Gu (limited to autonomous Gu; hereinafter the same applies) as units: Provided, That in cases that the Minister of Information and Communication deems it necessary for modification of administrative areas, efficient management of living zone of residents or cable broadcast, or convenience of users, may include a part of the jurisdictional area of the adjacent Si/Gun/Gu in the cable broadcasting business area. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
(2) When the Minister of Information and Communication deems it necessary for rational management of cable broadcasting, notwithstanding the provisions of paragraph (1), he may make one or more than one Eup/Myeon/Dong as one unit in designating a business area for the relay cable broadcasting business and music cable broadcasting business. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 11(Inspection on Completion) #
(1) When the Minister of Information and Communication carries out an inspection on completion pursuant to the provisions of Article 8 (2) of the Act, conformity on the following matters shall be examined. <Amended by Presidential Decree No. 14100, Dec. 31, 1993; Presidential Decree No. 14958, Mar. 28, 1996>
1. Channel to be used;
2. Qualifications and number of persons engaged in the business;
3. Use of the telecommunication equipment owned by the basic telecommunications enterpriser or wireless transmission line facilities owned by the wireless transmission network enterpriser, pursuant to the provisions of Article 20 of the Act and wireless transmission and line equipment set up directly by the person who has received an approval for cable broadcasting business pursuant to the provisions of Article 3 of the Act (hereinafter referred to as “cable broadcasting enterpriser”);
4. Use of telecommunication machines and materials for which a form approval was obtained pursuant to the Framework Act on Telecommunications; and
5. Other matters as prescribed by the technical criteria.
(2) In case that, as a result of an inspection on completion pursuant to the provisions of paragraph (1), there is a minor fault, the Minister of Information and Communication may order the correction or modification of such fault within 15 days and to have a re-inspection. <Amended by Presidential Decree No. 14958, Mar. 28, 1996>
(3) The provisions of paragraph (1) shall be applied to periodic inspections, inspection of facilities changes, and extraordinary inspections stipulated in Article 7 (1) 2 through 4.
Article 12(Approval for Changes) #
(1) When a person who received a temporary approval for a cable broadcasting business or a cable broadcasting enterpriser wishes to receive an approval for changes pursuant to Article 11 of the Act, he shall submit an application for approval for changes of the cable broadcasting business to the Minister of Information and Communication. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
(2) When the Minister of Information and Communication who received an application under the provisions of paragraph (1), intends to permit such approval, he shall designate the changed items and notify such in writing to the person who received a temporary approval, and renew and deliver the renewed certificate of approval to the cable broadcasting enterpriser. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 13 #
Deleted.<by Presidential Decree No. 14100, Dec. 31, 1993>
Article 14(Scope of Cable Broadcasting) #
(1) The relay transmission of a sound recording or a telerecording of a relay cable broadcast pursuant to the provisions of Article 15 (1) 1 of the Act, shall be made without adding or modifying to the broadcast program. <Amended by Presidential Decree No. 14100, Dec. 31, 1993>
(2) In cases of relay transmission of sound recording or a telerecording under paragraph (1), it shall be indicated that the program is a relay transmission or recording, distinguished from a simultaneous relay transmission, and the responsible person(s) for the production shall be identified at the end of the program. <Amended by Presidential Decree No. 14100, Dec. 31, 1993>
Article 15(Matters Prohibited in Cable Broadcasting Transmission) #
Subjects not to be transmitted by a cable broadcasting enterpriser, pursuant to the provisions of subparagraph 5 of Article 17 of the Act, shall be as follows;
1. Subjects disdaining law and order of the State, or encouraging or inciting unlawful acts;
2. Subjects which can disturb the sound morals of the nation and the integrity of family life;
3. Subjects harmful to the guidance of children and juveniles;
4. Subjects which can hinder a healthy linguistic life and the refinement of the Korean language;
5. Subjects infringing upon the rights and honor of a third party;
6. Subjects which can promote extravagant spending tendencies; and
7. Music prohibited from public performance by the Public Performance Ethics Committee.
Article 16 #
Deleted.<by Presidential Decree No. 14100, Dec. 31, 1993>
Article 17(Extraordinary Inspection) #
When the Minister of Information and Communication deems it necessary to inspect a cable broadcasting facility as a result of an inspection pursuant to Article 19 (1) of the Act, he may carry out an extraordinary inspection according to Article 7 (1) 4.
[This Article Wholly Amended by Presidential Decree No. 14958, Mar. 28, 1996]
Article 18 #
Deleted.<by Presidential Decree No. 14958, Mar. 28, 1992>
Article 19(Offenses Levied Penalty and Penalty Amount, etc.) #
(1) Classification of offenses on which a penalty is levied pursuant to the provisions of Article 22 (3) of the Act, and the standard of the amount of the penalty shall be as the chart indicates.
(2) By taking into consideration the size of the cable broadcasting enterpriser’s business, the extent of the offense and the number of offenses, etc., the Minister of Information and Communication may reduce or increase the amount of the penalty as referred to in paragraph (1), within the limit of one half of such an amount: Provided, That in cases that the amount is increased, the total amount of penalty shall not exceed 10 million won. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 20(Levy of Penalty and Collection Procedure) #
(1) When the Minister of Information and Communication intends to levy a penalty against a person who committed an offense pursuant to the provisions of Article 19, the Minister shall notify the person subject to the disposition to pay such penalty, by specifying in writing the classification of such offense and the amount of the penalty as well as the receiving agency.
<Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
(2) The procedure for the penalty collection shall be in accordance with the Ordinance of the Ministry of Information and Communication. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 21 #
Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>
Article 22(Organization of Association) #
The main office of the Cable Broadcasting Enterprisers Association (hereinafter referred to as “Association”) organized pursuant to Article 23 of the Act, shall be set up in the Seoul Special Metropolitan City. The branches of the Association may be set up in the Special Metropolitan City, Metropolitan Cities, and Dos and sub-branches may be set up in Shis/Kuns/Kus, as stipulated by the Articles of incorporation. <Amended by Presidential Decree No. 14958, Mar. 28, 1996>
Article 23(Articles of Incorporation) #
(1) In the articles of incorporation of the Association, the following matters shall be described. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
1. Purpose for establishment;
2. Name and location of office;
3. Matters pertaining to the representative and other officers;
4. Matters pertaining to meetings;
5. Matters pertaining to the maintenance of the quality of the membership and the promotion of their well-being;
6. Matters pertaining to report of membership;
7. Matters pertaining to the business plan, imposition of membership fees, budget, and accounting;
8. Matters pertaining to setting up and operation of the Association, its branches and sub-branches;
9. Matters pertaining to modification of the articles of incorporation; and
10. Others matters prescribed by the Ordinance of the Ministry of Information and Communication with respect to the organization and operation of the Association.
(2) The articles of incorporation, as stipulated under the provisions of paragraph (1), shall obtain the approval of the Minister of Information and Communication. The same shall apply for modification thereof. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 24(Business of Association) #
The Association shall carry out the following businesses;
1. Promotion of the well-being of the members and advocacy of their rights and interests;
2. Guidance and fostering of cable broadcasting enterprisers;
3. Investigations and analysis relating to cable broadcasting facilities and their operating conditions;
4. Development and diffusion of cable broadcasting technology;
5. Deleted; <by Presidential Decree No. 15553, Dec. 27, 1997>
6. Other matters as prescribed by the Articles of incorporation of the Association.
Article 25(Membership of Association) #
The Association shall have cable broadcasting enterprisers as its members.
[This Article Wholly Amended by Presidential Decree No. 14958, Mar. 28, 1996]
Article 26 #
Deleted.<by Presidential Decree No. 14958, Mar. 28, 1992>
Article 27(Supervision) #
When deemed necessary for supervision of the Association, the Minister of Information and Communication may either require the Association to report the matters pertaining to the business of the Association or to submit documents or materials, and/or issue other necessary orders. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 28(Delegation of Powers) #
(1) Among the powers of the Minister of Information and Communication prescribed under the provisions of Article 26 (1) of the Act, the following matters shall be delegated to the Administrator of the Communications Office; <Amended by Presidential Decree No. 15553, Dec. 27, 1997; Presidential Decree No. 15598, Dec. 31, 1997>
1. Matters pertaining to approval or re-approval of cable broadcasting businesses under Article 3 of the Act;
2. Matters pertaining to application and examination for approval under Article 5 of the Act;
3. Matters pertaining to the inspection of the cable broadcasting facilities under Article 6 (2) of the Act (excluding the inspection entrusted to the Radio Station Management and Business Association under Article 28-2 (1)), and to orders for repairs, improvements, removal, or suspension of use of such facilities;
4. Matters pertaining to temporary approval of cable broadcasting businesses under Article 7 of the Act;
5. Matters pertaining to the completion report and inspection under Article 8 of the Act (excluding the completion inspection entrusted to the Radio Station Management and Business Association under Article 28-2 (1));
6. Matters pertaining to revocations of temporary approval of cable broadcasting businesses under Article 9 of the Act;
7. Matters pertaining to issuance of certificate of cable broadcasting businesses under Article 10 (2) of the Act;
8. Matters pertaining to approval and reports of changes in cable broadcasting businesses under Article 11 of the Act;
9. Matters pertaining to succession of the cable broadcasting businesses under Article 12 of the Act;
10. Matters pertaining to approvals on the subscription agreement under Article 13 of the Act;
11. Matters pertaining to inspections and corrective orders of cable broadcasting businesses under Article 19 of the Act;
12. Matters pertaining to reports of cessation and suspension of businesses under Article 21 of the Act;
13. Matters pertaining to cancellation and suspension of the cable broadcasting businesses and levies of penalties under Article 22 of the Act;
13-2. Hearing pertaining to the powers entrusted among those under Article 22-2 of the Act; and
14. Matters pertaining to collections and levies of penalties under Article 29 of the Act.
(2) through (6) Deleted. <by Presidential Decree No. 15553, Dec. 27, 1997>
[This Article Wholly Amended by Presidential Decree No. 14958, Mar. 28, 1996]
Article 28-2(Entrustment of Powers) #
(1) Pursuant to Article 26 (2) of the Act, the Minister of Information and Communication shall entrust the Radio Station Management and Business Association with the powers concerning inspection, as referred to in Article 6 (2) of the Act and Article 7 (1) 1 through 3 of this Decree, of the cable broadcasting facilities set up directly by the cable broadcasting enterpriser.
(2) When the Radio Station Management and Business Association has
made inspection of the cable broadcasting facilities, entrusted pursuant to the provisions of paragraph (1), it shall inform the Administrator of the Communications Office of the result thereof.
[This Article Wholly Amended by Presidential Decree No. 15553, Dec. 27, 1997]
Article 29(Imposition of Fine for Negligence) #
(1) When the Minister of Information and Communication intends to impose a fine for negligence pursuant to the provisions of Article 29 (2) of the Act, he shall specify in writing the fact of offense, the amount of the fine for negligence, etc. after investigating and confirming such offense, and notify the person who is subject to the fine for negligence of his obligation to pay it. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996; Presidential Decree No. 15553, Dec. 27, 1997>
(2) When the Minister of Information and Communication intends to impose a fine for negligence under the provisions of paragraph (1), he shall give the person who is subject to the fine for negligence, an opportunity to present his opinion either orally or in writing, with a period of 10 or more days fixed. In this case, if no opinion is stated by the designated date, it shall be considered that he has no opinion on the matter.
(3) In determining the amount of the fine for negligence, the Minister of Information and Communication shall take into account the motive and consequence of such offense.
(4) The collection procedure of fine for negligence shall be prescribed by the Ordinance of the Ministry of Information and Communication. <Amended by Presidential Decree No. 12898, Jan. 3, 1990; Presidential Decree No. 14958, Mar. 28, 1996>
Article 30(Cooperation Among Broadcasting Stations) #
Cable broadcasting enterprisers and broadcasting stations as prescribed under the provisions of Article 15 (1) 1 of the Act, may enter into arrangements for mutual cooperation pertaining to technical guidance and collection of subscription fees.