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ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BUSINESS ACT — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BUSINESS ACT

ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BUSINESS ACT

대통령령타법개정시행 2025-10-01과학기술정보통신부,방송미디어통신위원회,방송미디어통신위원회,방송미디어통신위원회 · 제35801호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe the matters mandated by the Telecommunications Business Act and matters necessary for the enforcement thereof.

Article 2(Details of universal service) #

(1) Details of universal service provided under Article 4 (3) of the Telecommunications Business Act (hereinafter referred to as the "Act") shall be as follows: <Amended on Jun. 11, 2019>

1. Wire telephone services;

1-2. Internet access services;

2. Telephone services for emergency communications;

3. Reduction of or exemption from rates for persons with disabilities, low-income earners, etc.

(2) More details of universal service provided under paragraph (1) shall be as follows: <Amended on Mar. 23, 2013; May 31, 2013; May 8, 2017; Jul. 26, 2017; Jun. 11, 2019; Dec. 9, 2022>

1. Wired telephone services: Any of the following telephone services among telephone services within an area (hereinafter referred to as "telephone service area") publicly notified by the Minister of Science and ICT, in consideration of methods of use, conditions, etc.:

(a) Urban telephone services: Telephone services mediating communications using subscribed telephones (excluding island communications services provided under item (c); hereinafter the same shall apply);

(b) Public telephone services: Telephone services mediating communications using public telephones;

(c) Island communications services: Telephone services mediating communications by radio between the land and islands or between islands;

(d) Internet telephone services: Telephone services mediating communications using the Internet (limited to where such services are provided as a substitute for urban telephone services specified in item (a) in an area in which facilities, etc. for providing urban telephone services are not established);

1-2. Internet access services: Internet access services of which the speed, objects of provision, etc. are determined and publicly notified by the Minister of Science and ICT, considering the status of usage, degree of diffusion, technology development, etc.;

Article 5(Objects of computation of compensation for losses incurred in providing universal service) #

(1) The scope of universal service subject to the computation of compensation for losses incurred in providing universal service shall be as follows: <Amended on Mar. 23, 2013; May 8, 2017; Jul. 26, 2017; Jun. 11, 2019; Dec. 9, 2022>

1. Urban telephone services in an area selected according to the standards determined and publicly notified by the Minister of Science and ICT in consideration of the expenses and income arising from the provision of services (referring to expenses and income computed by the method publicly notified by the Minister of Science and ICT, taking into account the efficiency of operation of communications network, etc.; hereafter in Article 6, the same shall apply), among the urban telephone services referred to in Article 2 (2) 1 (a);

2. Public telephone services in an area selected according to the standards determined and publicly notified by the Minister of Science and ICT in consideration of the characteristics of the locations, among the public telephone services referred to in Article 2 (2) 1 (b);

3. Island communications services referred to in Article 2 (2) 1 (c);

3-2. Internet telephone services for the areas and objects selected in accordance with the standards determined and publicly notified by the Minister of Science and ICT, among Internet telephone services referred to in Article 2 (2) 1 (d);

3-3. Internet access services for the objects selected in accordance with the standards determined and publicly notified by the Minister of Science and ICT, among Internet access services referred to in Article 2 (2) 1-2;

4. Radio telephone services for vessels referred to in Article 2 (2) 2 (b).

(2) "Telecommunications business operator prescribed by Presidential Decree" in Article 4 (2) 1 of the Act means a value-added telecommunications business operator or regional radio paging business operator.

(3) "Amount prescribed by Presidential Decree" in Article 4 (2) 2 of the Act means 30 billion won.

[This Article Wholly Amended on Feb. 28, 2012]

Article 6(Methods for computation of compensation of losses incurred in providing universal service) #

(1) Losses incurred in providing universal service falling under any of the subparagraphs of Article 5 (1) shall be the amount calculated by subtracting income from expenses incurred in providing such service. In such cases, where the losses incurred in providing universal service under Article 5 (1) 2 are computed, the income shall include indirect conveniences, such as the effects of increased brand value or subscribers’ preference. <Amended on May 8, 2017>

(2) A provisional compensation for losses incurred in providing universal service shall be computed by multiplying the amount computed pursuant to paragraph (1) by the rate of compensation for losses determined and publicly notified by the Minister of Science and ICT; provided, in cases of radio telephone services for ships under Article 5 (1) 4, the target amount of management efficiency determined and publicly notified by the Minister of Science and ICT shall be deemed a provisional compensation for losses incurred in providing universal service. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(3) Compensation for losses incurred in providing universal service shall be the amount calculated by subtracting the following amounts from a provisional compensation for losses incurred in providing universal service computed pursuant to paragraph (2): <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. An amount shared by a telecommunications business operator providing universal service falling under any of the subparagraphs of Article 5 (1) based on the sales of telecommunications services (excluding value-added telecommunications services) other than the relevant universal service;

2. An amount computed by the Minister of Science and ICT, taking into account the ability of a telecommunications business operator who shares compensation for losses incurred in providing universal service (hereinafter referred to as "business operator who shares losses").

(4) A business operator who shares losses shall share compensation for losses incurred in providing universal service computed pursuant to paragraph (3) in proportion to his or her sales of telecommunications services (excluding value-added telecommunications services).

(5) Other detailed matters necessary for the percentage of the reduction of or exemption from rates for telephone services for persons with disabilities, low-income earners, etc. and methods, etc. for computing compensation for losses incurred in providing universal service shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>

[This Article Wholly Amended on Feb. 28, 2012]

Article 7(Application for registration of facilities-based telecommunications business) #

(1) A person who intends to engage in the facilities-based telecommunications business shall submit an application for registration of the facilities-based telecommunications business (including an application prepared in an electronic form) to the Minister of Science and ICT, along with the following documents (including electronic documents), under the main clause, with the exception of the subparagraphs, of Article 6 (1) of the Act:

1. A business plan;

2. The articles of incorporation of a corporation (including a corporation to be incorporated; hereafter in this Article, the same shall apply);

3. A list of shareholders of a corporation or documents concerning the ownership of shares, etc. of shareholders, etc. thereof;

4. Terms and conditions of use, including details related to the protection of users; the status of establishment of a consumer protection organization; and a plan for operation;

5. Details of main facilities for business; a place where they are installed; and a schematic diagram of telecommunications networks.

(2) Where a local government intends to file for registration of the facilities-based telecommunications business pursuant to the main clause, with the exception of the subparagraphs, of Article 6 (1) of the Act, which applies mutatis mutandis pursuant to the latter part, with the exception of the subparagraphs, of Article 7 (2) of the Act, it shall submit an application for registration of the facilities-based telecommunications business to the Minister of Science and ICT, along with the following documents:<Added on Jan. 9, 2024>

1. A business plan;

2. The current status of facilities-based telecommunications services in the relevant business area;

3. Terms and conditions of use, including details related to the protection of users; the status of establishment of a consumer protection organization; and a plan for operation;

4. Details of main facilities for business, a place where they are installed, and a schematic diagram of telecommunications networks;

5. A plan to finance expenses.

(3) Upon receipt of an application for registration under paragraphs (1) and (2), the Minister of Science and ICT shall verify the registration certificate of a corporation (excluding a local government) and national technical qualification certificates of its technical personnel through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where any of the relevant technical personnel does not consent to the verification of his or her national technical qualification certificate, a copy of such document must be attached to the application for registration. <Amended on Jan. 9, 2024>

(4) Where it is deemed necessary to supplement or revise an application for registration submitted under paragraphs (1) and (2), the Minister of Science and ICT may require it to be supplemented or revised within a fixed period not exceeding 10 days, and may extend such period if requested by the applicant. In such cases, the period for supplementing or revising the application shall not be included in the processing period specified in Article 10 (1). <Amended on Jan. 9, 2024>

[This Article Added on Jun. 25, 2019]

Article 10(Issuance of certificate of registration) #

(1) Upon receipt of an application for registration under Article 7 (1) and (2), the Minister of Science and ICT shall verify whether the application meets the registration requirements specified in Article 8, enter the following matters in the register of facilities-based telecommunications business operators, and issue a certificate of registration of a facilities-based telecommunications business operator to the relevant applicant within 30 days from the date of application; in such cases, the period required for the assessment of compliance conducted by a specialized external entity under Article 11-2 (3) and the assignment of radio frequencies under Article 10 of the Radio Waves Act shall not be included in the period specified in the former part: <Amended on Jan. 9, 2024>

1. The registration number and the date of registration;

2. A trade name or title, and the name of the representative thereof;

3. The location of the main office;

4. Types of services to be provided;

5. Business area;

6. Capital;

7. Details of main facilities for business and a place where they are installed;

8. Matters concerning technical personnel;

9. Conditions of registration.

(2) Upon receipt of a report under Article 9 (2), the Minister of Science and ICT shall issue a certificate of report on the facilities-based telecommunications business to the relevant reporter.

(3) A facilities-based telecommunications business operator may file an application for the re-issuance of a certificate of registration or a certificate of report issued under paragraph (1) or (2) with the Minister of Science and ICT, in any of the following cases: <Amended on Dec. 9, 2022>

1. Where a certificate of registration or a certificate of report is lost or worn out;

2. Where any matter stated in a certificate of report is changed, such the trade name or title, the representative’s name, and the location of the main office.

(4) Except as provided in Articles 7, 9, and 10 (1) through (3), matters necessary for procedures, etc. for filing for registration of, and filing a report on, the facilities-based telecommunications business shall be determined and publicly notified by the Minister of Science and ICT.

[This Article Wholly Amended on Jun. 25, 2019]

Article 11-2(Request for Assessment of Compliance by Facilities-Based Telecommunications Business) #

(1) Where it is deemed necessary based on the examination of an application for registration under Article 7 (2), the Minister of Science and ICT may request the relevant local government to undergo an assessment by a specialized external entity determined and publicly notified by the Minister of Science and ICT pursuant to the former part of Article 7 (3) of the Act (hereinafter referred to as "specialized external entity") of compliance, etc. (hereinafter referred to as "compliance assessment") by the business with all applicable requirements.

(2) Upon receipt of the request for a compliance assessment under paragraph (1), the local government shall file an application for the assessment of compliance with a specialized external entity along with the following documents; in such cases, expenses incurred in conducting the compliance assessment shall be borne by the local government that has filed the application:

1. A business plan;

2. The current status of facilities-based telecommunications services in the relevant business area;

3. Other materials demonstrating the relevant business's compliance.

(3) Upon receipt of an application for the assessment of compliance under paragraph (2), the specialized external entity shall conduct a compliance assessment taking into account the following matters, and notify the relevant local government of the results thereof:

1. The necessity to conduct the business by the local government;

2. Public-interest nature of the business;

3. Stability and sustainability of services;

4. Impact of the relevant business on the relevant communications market.

(4) Where the specialized external agency conducts a compliance assessment pursuant to paragraph (3), it may request the relevant local government to furnish materials necessary for the compliance assessment. In such cases, the local government shall comply with such request, except in extenuating circumstances.

(5) The local government shall, when notified of the results of the compliance assessment under paragraph (3), submit them to the Minister of Science and ICT.

[This Article Added on Jan. 9, 2024]

Article 13(Criteria for public interest test) #

(1) "Public interests prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 10 (1) of the Act means national security, public peace and the maintenance of order.

(2) "Important managerial matters prescribed by Presidential Decree, such as the appointment or dismissal of executive officers of the relevant facilities-based telecommunications business operator and the transfer or acquisition of business" in Article 10 (1) 3 of the Act means the following: <Amended on Dec. 8, 2020>

1. Appointment or dismissal of a representative director of the facilities-based telecommunications business operator, or of at least 1/3 of the executive officers thereof;

2. Transfer or acquisition of the facilities-based telecommunications business;

2-2. Merger of corporations which are facilities-based telecommunications business operators;

3. A facilities-based telecommunications business operator's launching of a new facilities-based telecommunications business.

(3) "Where ... as prescribed by Presidential Decree" in Article 10 (1) 5 of the Act means any of the following cases: <Amended on Jan. 7, 2014; Dec. 28, 2021; Dec. 9, 2022>

1. Where the management rights of a facilities-based telecommunications business operator are actually changed because stockholders, other than the largest shareholder of the facilities-based telecommunications business operator, have agreed to jointly exercise voting rights;

2. Where there is a de facto change in the management rights of a holding company (referring to a holding company prescribed in subparagraph 7 of Article 2 of the Monopoly Regulation and Fair Trade Act; hereinafter the same shall apply) of a facilities-based telecommunications business operator;

3. Where the management rights of a facilities-based telecommunications business operator are actually changed, because the largest stockholder of a corporation which is the largest shareholder of the facilities-based telecommunications business operator is changed;

4. Where the management rights of a facilities-based telecommunications business operator are actually changed, because a person, other than a stockholder of the facilities-based telecommunications business operator, has agreed to jointly exercise voting rights with a stockholder or a person actually holding the management rights of the facilities-based telecommunications business operator.

[This Article Wholly Amended on Feb. 28, 2012]

Article 18(Imposition and payment of charges for compelling compliance) #

(1) When the Minister of Science and ICT determines the amount of a charge for compelling compliance prescribed in Article 13 of the Act, he or she shall take into account grounds for non-compliance of a corrective order and the value of benefits, etc. obtained as a result of non-compliance of the corrective order. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(2) The date a corrective order issued under Article 13 (2) of the Act shall be complied with shall be as follows:

1. In cases of disposal of shares: The date of issuance of share certificates;

2. In cases of changes in the details of a contract: The date of conclusion of a changed contract;

3. In cases of the suspension of any act harming the public interest: The date the relevant act is suspended;

4. In cases of the fulfillment of conditions: The date the relevant conditions are fulfilled.

(3) Where the Minister of Science and ICT intends to impose a charge for compelling compliance prescribed in Article 13 of the Act, he or she shall notify such fact in writing by specifying the amount of such charge per day, grounds for the imposition thereof, a deadline for payment, an agency receiving payments, a method for raising an objection, and an agency that receives such objection, etc. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(4) A person notified pursuant to paragraph (3) shall pay a charge for compelling compliance within 30 days from the date he or she receives such notification; provided, where he or she is unable to pay the charge for compelling compliance within the period due to an act of God or any other unavoidable reason, he or she shall pay such charge within 30 days from the date such reason ceases to exist.

(5) Where a corrective order is not complied with though 90 days have passed from the expiration date of the period set by the corrective order, the Minister of Science and ICT may collect a charge for compelling execution every 90 days computing from such expiration date. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(6) Article 49 shall apply mutatis mutandis to a request for the payment of a charge for compelling compliance.

[This Article Wholly Amended on Feb. 28, 2012]

Article 19(Registration of modification) #

(1) A person who intends to file for registration of modification of the facilities-based telecommunications business under Article 16 (1) of the Act shall submit to the Minister of Science and ICT an application for registration of modification of the facilities-based telecommunications business, along with documents by which a plan for modification may be verified. <Amended on Feb. 28, 2012; Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019>

(2) "Important matters prescribed by Presidential Decree" in Article 16 (1) of the Act means the following matters: <Amended on Jun. 25, 2019>

1. A trade name, title and address;

2. Representative;

3. Types of services to be provided;

4. Capital;

5. Technical personnel;

6. Modification of the details of the facilities-based telecommunications business registered pursuant to Article 6 (1) of the Act (including the resumption of business subject to the partial cancellation of registration under the main clause of Article 20 (1) of the Act);

7. Matters concerning the conditions of registration referred to in Article 6 (2) of the Act.

(3) Upon receipt of an application for registration of modification under paragraphs (1) and (2), the Minister of Science and ICT shall verify the registration certificate of a corporation (excluding a local government) and national technical qualification certificates of its technical personnel through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where any of the relevant technical personnel does not consent to the verification of his or her national technical qualification certificate, a copy of such document must be attached to the application for registration. <Added on Jun. 25, 2019; Jan. 9, 2024>

(4) Where the Minister of Science and ICT has registered modification upon receipt of an application for registration of modification under paragraph (1), he or she shall issue a certificate of registration stating matters modified. <Amended on Jun. 25, 2019>

[Title Amended on Jun. 25, 2019]

Article 20(Application for authorization for acquisition and merger) #

(1) A person who intends to obtain authorization to acquire all or part of the business of a facilities-based telecommunications business operator pursuant to Article 18 (1) 1 of the Act shall submit an application for authorization to acquire the facilities-based telecommunications business to the Minister of Science and ICT, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019>

1. A copy of a contract for transfer or acquisition;

2. The articles of association of a transferor or a transferee, and evidential documents related to transfer or acquisition;

3. A list of shareholders of a transferee or documents concerning the ownership of shares, etc. of shareholders, etc. thereof;

4. The current status of business operations of a transferor or a transferee;

5. A business plan subsequent to acquisition;

6. Terms and conditions of use, including details related to the protection of users; the status of establishment of a consumer protection organization; and a plan for operation;

7. Details of main facilities for business; a place where they are installed; and a schematic diagram of telecommunications networks.

(2) A person who intends to obtain authorization for a merger, division (limited to where the facilities-based telecommunications business is transferred following a division; hereafter in this Article and Article 22, the same shall apply), or merger after division (limited to where a divided corporate facilities-based telecommunications business operator is merged; hereafter in this Article and Article 22, the same shall apply) of a corporate facilities-based telecommunications business operator pursuant to Article 18 (1) 2 of the Act shall submit to the Minister of Science and ICT an application for authorization for a merger, division, or merger after division of the facilities-based telecommunications business, along with the following documents: <Amended on Dec. 9, 2022>

1. A copy of a contract for a merger, division, or merger after division, and a plan therefor;

2. The articles of incorporation of the parties to a merger, division, or merger after division, and evidential documents related thereto;

3. A list of shareholders of the following corporations or documents regarding the ownership of shares, etc. of shareholders, etc. thereof:

(a) A corporation that survives a merger or is established following a merger;

(b) A corporation that is established following a division;

4. The current status of business operations of the parties to a merger, division, merger after division;

5. A business plan subsequent to a merger, division, or merger of a division;

6. Terms and conditions of use, including details related to the protection of users; the status of the establishment of a consumer protection organization; and a plan for the operation thereof;

7. Details of main facilities for business; a place where they are installed; and a schematic diagram of telecommunications networks.

(3) A facilities-based telecommunications business operator who intends to obtain authorization to sell telecommunications line equipment pursuant to Article 18 (1) 3 of the Act shall submit to the Minister of Science and ICT an application for authorization to sell telecommunications line equipment, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. A copy of a contract for sale or purchase of telecommunications line equipment and evidential documents related thereto;

2. The articles of incorporation of a seller or a purchaser and evidential documents related to sale and purchase;

3. A list of stockholders of a purchaser or documents concerning the ownership of stockholders, etc. thereof;

4. The current status of business operations of a seller or a purchaser;

5. A business plan subsequent to sale.

(4) A person who intends to own at least 15/100 of the total number of issued shares of a facilities-based telecommunications business operator, or to be the largest shareholder of a facilities-based telecommunications business operator pursuant to Article 18 (1) 4 of the Act, shall submit to the Minister of Science and ICT an application for authorization for the ownership of shares (the largest shareholder) of the facilities-based telecommunications business, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. Documents evidencing the acquisition of shares, such as a copy of a contract for acquisition of the shares;

2. The articles of incorporation of a purchaser of shares or a person who intends to be the largest shareholder, and the other company;

3. The current status of shareholders of a purchaser of shares or a person who intends to be the largest shareholder, and the other company;

4. The current status of business operations of a purchaser of shares or a person who intends to be the largest shareholder, and the other company;

5. Purposes of and grounds for acquiring shares, and analysis of impacts from the acquisition of shares;

6. A plan for serving concurrently as an executive officer (only applicable where a person plans to serve concurrently as an executive officer of the other company);

7. A business plan formulated after the acquisition of shares (only applicable where a person intends to be the largest shareholder).

(5) A person who intends to obtain authorization for the acquisition of shares or the conclusion of an agreement pursuant to Article 18 (1) 5 of the Act shall submit an application for authorization to the Minister of Science and ICT, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. Documents evidencing conduct to control the management rights, such as a copy of a contract for the acquisition of shares or a copy of an agreement;

2. The articles of incorporation of the purchaser of shares or the party to an agreement and the other company;

3. The current status of shareholders of a purchaser of shares or the party to an agreement and the other company;

4. The current status of business operations of a purchaser of shares or the party to an agreement and the other company;

5. Objectives of and grounds for the acquisition of shares or the conclusion of an agreement and analysis of impacts thereof;

6. A plan for serving concurrently as an executive officer (only applicable where a person plans to serve concurrently as an executive officer of the other company);

7. A business plan after the acquisition of shares or the conclusion of an agreement.

(6) "Cases prescribed by Presidential Decree" in Article 18 (1) 5 of the Act means any of the following cases:

1. Where the same person intends to actually exercise the largest shareholder's voting rights of a facilities-based telecommunications business operator by acquiring shares issued by its largest shareholder (including those issued by persons with special relations with the largest shareholder) solely or jointly with affiliated persons;

2. Where a person intends to acquire shares in excess of voting rights of the largest shareholder of a facilities-based telecommunications business operator jointly with persons (including affiliated persons) who have the same object to control the management of the facilities-based telecommunications business operator;

3. Where a person intends to actually control the management rights of a facilities-based telecommunications business operator through leasing business, delegation of management or other agreements similar thereto with the facilities-based telecommunications business operator or the largest shareholder thereof;

4. Where a person intends to jointly exercise voting rights in excess of the voting rights of the largest shareholder of a facilities-based telecommunications business operator by concluding an agreement with other shareholders other than the largest shareholder of the facilities-based telecommunications business operator.

(7) A facilities-based telecommunications business operator who intends to obtain authorization to incorporate a corporation to provide some registered facilities-based telecommunications services pursuant to Article 18 (1) 6 of the Act shall submit to the Minister of Science and ICT an application for authorization to incorporate a corporation to provide facilities-based telecommunications services, along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019>

1. The articles of incorporation of a corporation to be incorporated;

2. A list of shareholders of a corporation to be incorporated or documents concerning the ownership of shares, etc. thereof;

3. The current status of business operations of services he or she intends to provide (only applicable to a facilities-based telecommunications business operator who is providing services that he or she intends to provide through a newly incorporated corporation);

4. A business plan of a corporation to be incorporated;

5. Terms and conditions of use, including details related to the protection of users; the status of establishment of a consumer protection organization; and a plan for operation;

6. Details of main facilities for business; a place where they are installed; and a schematic diagram of telecommunications networks.

(8) Applications for authorization under paragraphs (1) through (5) and (7) and documents referred to in each subparagraph of the same paragraphs may be submitted in the electronic form.

(9) Upon receipt of an application for authorization for acquisition, a merger, a division, a merger after division, sale, change of the largest shareholder, the acquisition of shares, the conclusion of an agreement, or the incorporation of a corporation pursuant to paragraphs (1) through (7), the Minister of Science and ICT shall verify the following matters through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where any of the relevant technical personnel does not consent to the verification of a document specified in subparagraph 2, a copy of the document must be attached to such application: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019; Dec. 9, 2022>

1. A certificate of registered matters of a corporation (only applicable to the party to acquisition, a merger, a division, a merger after division, sale, change of the largest shareholder, the acquisition of shares, the conclusion of an agreement, or the incorporation of a corporation);

2. National technical qualification certificates of technical personnel (only applicable to a transferee, a corporation that survives or is incorporated following a merger, a corporation that is incorporated following a division, a corporation that survives or is incorporated following a merger after division, and a corporation to be incorporated).

(10) Where the Minister of Science and ICT grants authorization for acquisition, a merger, a division, a merger after division, or the incorporation of a corporation prescribed in paragraph (1), (2), or (7), he or she shall issue a certificate of registration of a facilities-based telecommunications business operator or a certificate of report. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019; Dec. 9, 2022>

(11) Cases where the impact on competition in the facilities-based telecommunications business is insignificant as referred to in the proviso, with the exception of the subparagraphs, of Article 18 (2) and (11) of the Act shall be respectively cases where a person falling under any subparagraph of Article 18 (1) of the Act (excluding persons who fall under Article 18 (1) 3 and 6 of the Act and the facilities-based telecommunications business operators designated and publicly notified under Article 39 (3); hereafter in this Article referred to as "transferee, amalgamator, etc.") falls under any of the following cases by engaging in an act referred to in any subparagraph of Article 18 (1) of the Act (excluding acts referred to in Article 18 (1) 3 and 6 of the Act; hereafter in this paragraph referred to as "acquisition, merger, etc.") against a facilities-based telecommunications business operator whose turnover in the facilities-based telecommunications business during the immediately preceding year is less than 50 billion won in cases of the business possessing line equipment, and less than 100 billion won in cases of the business other than the business possessing line equipment (hereinafter referred to as "business not possessing line equipment") in the facilities-based telecommunications business: <Added on Apr. 14, 2015; Jun. 25, 2019; Dec. 28, 2021>

1. Where any of the following relationship (hereinafter referred to as "dominance relation") is not established by the relevant acquisition, merger, etc.:

(a) Where the shareholding ratio of the transferee, amalgamator, etc. is at least 50/100 (including shares; hereafter in this paragraph, the same shall apply);

(b) Where the shareholding ratio of the transferee, amalgamator, etc. is less than 50/100, in any of the following cases:

(i) Where the transferee, amalgamator, etc. is the largest shareholder and, based upon the degree of dispersion, is able to exercise control over the company by exercising the shareholder's right;

(ii) Where the transferee, amalgamator, etc. supplies at least 50/100 of raw materials and is a market-dominating enterpriser defined in subparagraph 3 of Article 2 of the Monopoly Regulation and Fair Trade Act in the field of production of raw materials;

2. Where the transferee, amalgamator, etc. acquires common telecommunications business of a common telecommunications business operator in which the dominance relation has already been established;

3. Where the transferee, amalgamator, etc. merges a corporation, which is a common telecommunications business operator, in which the dominance relation has already been established.

(12) Under the proviso, with the exception of the subparagraphs, of Article 18 (2) of the Act and paragraph (11) of that Article, the Minister of Science and ICT may grant authorization to a person falling under paragraph (11) after examining only the appropriateness of the measures for protection of users prescribed in Article 18 (2) 4 of the Act, following consultations with the Fair Trade Commission as prescribed in Article 18 (6) of the Act. <Added on Apr. 14, 2015; Jul. 26, 2017>

[This Article Wholly Amended on Feb. 28, 2012]

Article 22(Reporting on acquisition and merger) #

(1) "Where the turnover of facilities-based telecommunications business ... for the preceding year is less than an amount prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 18 (1) of the Act means a case classified as follows:

1. Business possessing line equipment: Where the turnover is less than 30 billion won;

2. Business not possessing line equipment: Where the turnover is less than 80 billion won.

(2) "Where the telecommunications service turnover of any facilities-based telecommunications business operator ... for the preceding year is less than an amount prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 18 (1) of the Act means a case classified as follows:

1. A business operator possessing line equipment: Where the turnover in the business possessing line equipment is less than 30 billion won;

2. A person who operates the business not possessing line equipment (hereinafter referred to as "business operator not possessing line equipment"): Where the turnover in the business not possessing line equipment is less than 80 billion won;

3. A person who operates both the business possessing line equipment and the business not possessing line equipment: Where the turnover in the former is less than 30 billion won and that in the latter is less than 80 billion won.

(3) A person who intends to file a report under the proviso, with the exception of the subparagraphs, of Article 18 (1) of the Act shall submit to the Minister of Science and ICT a report (including a report prepared in an electronic form) classified as follows: <Amended on Dec. 9, 2022>

1. A person specified in Article 18 (1) 1 of the Act: A report on the acquisition of the facilities-based telecommunications business;

2. A person specified in Article 18 (1) 2 of the Act: A report on a merger, division, or merger after division of the facilities-based telecommunications business;

3. A person specified in Article 18 (1) 3 of the Act: A report on the sale of the telecommunications line equipment;

4. A person specified in Article 18 (1) 4 of the Act: A report on the facilities-based telecommunications business shareholdings (the largest shareholder);

5. A person specified in Article 18 (1) 5 of the Act: A report on the acquisition of shares or on the conclusion of the relevant agreement;

6. A person specified in Article 18 (1) 6 of the Act: A report on the incorporation of a corporation providing facilities-based telecommunications services;

7. A person who intends to sell telecommunications line equipment other than that specified in Article 21: A report on the sale of telecommunications line equipment (excluding major telecommunications line equipment).

(4) Upon receipt of a report under paragraph (3), the Minister of Science and ICT shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where any of the relevant technical personnel does not consent to the verification of a document specified in subparagraph 2, a copy of the document must be attached to the relevant report: <Amended on Dec. 9, 2022>

(5) Upon receipt of a report on acquisition, a merger, a division, a merger after division, or the incorporation of a corporation under paragraph (3) 1, 2, or 6, the Minister of Science and ICT shall issue a certificate of registration of a facilities-based telecommunications business operator or a certificate of report to the relevant person. <Amended on Dec. 9, 2022>

(6) Except as provided in paragraphs (3) through (5), matters necessary for the procedures for filing a report, documents to be submitted, etc. shall be determined and publicly notified by the Minister of Science and ICT.

[This Article Wholly Amended on Jun. 25, 2019]

Article 29(Procedures for reporting value-added telecommunications business) #

(1) A person who intends to report the value-added telecommunications business pursuant to the forepart of Article 22 (1) of the Act shall submit a report (including a report in an electronic form) of the value-added telecommunications business to the Minister of Science and ICT, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. A schematic diagram of telecommunications networks (only applicable where the Minister of Science and ICT requests him or her to submit such schematic diagram because he or she deems it necessary to report new special value-added telecommunications services);

2. A detailed statement on the formulation of measures for the protection of personal information (only applicable where he or she deals with personal information).

(2) A person who intends to register the special value-added telecommunications business pursuant to Article 22 (2) of the Act shall submit an application for registration of a special value-added telecommunications business operator (including an application therefor in an electronic form) to the Minister of Science and ICT, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. The articles of incorporation (only applicable to a corporation, and including a corporation to be incorporated);

2. Documents that may prove that he or she meets the requirements for registration referred to in the subparagraphs of Article 22 (2) of the Act.

(3) Upon receipt of a report under paragraph (1) or an application for registration under paragraph (2), the Minister of Science and ICT shall verify the relevant corporation registration certificate or business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the reporter or applicant does not agree to the verification of the business registration certificate, he or she shall be required to attach the document. <Amended on Mar. 23, 2013; Jul. 26, 2017; Apr. 23, 2024>

(4) Where there is any defect in the details of a report on the value-added telecommunications business under paragraph (1) or an application for registration of a special value-added telecommunications business operator under paragraph (2) or accompanying documents are incomplete, the Minister of Science and ICT may request a reporter or applicant to supplement such report or application within a fixed period not exceeding 10 days, and where a reporter or applicant requests it to extend the period for supplementation, he or she may extend the period for supplementation. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(5) When the Minister of Science and ICT receives a report on the value-added telecommunications business under paragraphs (1), he or she shall issue a certificate of report on the value-added telecommunications business to a reporter. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(6) When the Minister of Science and ICT receives an application for registration pursuant to paragraph (2), he or she shall verify whether such application meets the requirements for registration under paragraph (9), enter the following in the register of special value-added telecommunications business operators and issue a certificate of registration of a special value-added telecommunications business operator to the applicant therefor within 30 days from the date of application: <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. The registration number and the date of registration;

2. A trade name or title, and the name of the representative thereof;

3. The location of the main office;

4. Capital;

5. Kinds of services to be provided;

6. Details of main facilities for business and a place where they are installed;

7. Conditions of registration.

(7) Where a value-added telecommunications business operator loses a certificate of a report issued pursuant to paragraph (5) or a certificate of registration issued pursuant to paragraph (6) or it is worn out, he or she may request the Minister of Science and ICT to reissue it. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(8) "Matters prescribed by Presidential Decree, such as a business plan" in Article 22 (2) 4 of the Act means a business plan and a plan for the protection of users.

(9) Requirements for registration of a special value-added telecommunications business operator under Article 22 (2) of the Act shall be as specified in Appendix 3.

[This Article Wholly Amended on Feb. 28, 2012]

Article 30-5(Reports on illegal filmed materials or requests for deletion thereof) #

(1) "Institutions or organizations prescribed by Presidential Decree" in Article 22-5 (1) of the Act means any of the following institutions or organizations: <Amended on Mar. 19, 2024; Oct. 1, 2025>

1. Counseling centers for the victims of sexual violence under Article 10 (1) of the Sexual Violence Prevention and Victims Protection Act;

2. The Women’s Human Rights Institute of Korea under Article 46-2 (1) of the Framework Act on Gender Equality;

3. Other institutions and organizations that fall under any of the following items and are determined and publicly notified by the Korea Media and Communications Commission:

(a) Institutions and organizations subsidized by the State, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province to cover expenses incurred in performing business regarding support, etc. for the deletion of illegal filmed materials, etc. under Article 22-5 (1) of the Act (hereinafter referred to as "illegal filmed materials, etc.");

(b) Centers for victims of sexual violence that are recommended by the Minister of Gender Equality and Family, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu) from among those under Article 10 (2) of the Sexual Violence Prevention and Victims Protection Act;

(2) A person who intends to file a report on illegal filmed materials, etc. or a request for deletion thereof (hereinafter referred to as "report or request for deletion") pursuant to Article 22-5 (1) of the Act shall submit to a business operator obliged to take measures, a written report on the circulation of illegal filmed materials, etc. or a written request for deletion thereof in the attached Form or a document prepared to include the details of the same Form.

(3) Where a business operator obliged to take measures receives a report on, or a request for deletion of, information suspected to be illegal filmed materials, etc. and if it is impracticable to determine whether such information corresponds to illegal filmed materials, etc., he or she may request deliberation from the Korea Media and Communications Standards Commission under Article 18 (1) of the Act on Establishment and Operation of Korea Media and Communications Commission (hereinafter referred to as the "Korea Media and Communications Standards Commission"). <Amended on Oct. 1, 2025>

(4) Upon receipt of a request for deliberation under paragraph (3), the Korea Media and Communications Standards Commission shall deliberate and decide on whether the relevant information corresponds to illegal filmed materials, etc. and shall notify the results thereof to the business operator obligated to take measures who has requested such deliberation. <Amended on Oct. 1, 2025>

(5) Where a business operator obligated to take measures is notified that the relevant information corresponds to illegal filmed materials, etc. pursuant to paragraph (4), he or she shall, without delay, take measures necessary to prevent the circulation of the relevant information, such as deleting the information and blocking access thereto, pursuant to Article 22-5 (1) of the Act.

[This Article Added on Dec. 8, 2020]

Article 30-6(Technical and managerial measures to prevent circulation of illegal filmed materials) #

(1) "Business operator obliged to take measures prescribed by Presidential Decree" in Article 22-5 (2) of the Act means any of the following business operators obliged to take measures (hereinafter referred to as "business operator obliged to take preliminary measures"):

1. A special value-added telecommunications business operator who falls under subparagraph 14 (a) of Article 2 of the Act;

2. A person reporting the value-added telecommunications business under Article 22 (1) of the Act (including a person who falls under any of the subparagraphs of paragraph (4) of that Article), who meets any of the following requirements:

(a) A person whose sales from the value-added telecommunications services for the preceding year (referring to the preceding business year, in cases of a corporation) are at least one billion won and who provides value-added telecommunications services specified in Appendix 3-2;

(b) A person who has an average number of at least 100,000 users per day for three months immediately before the end of the preceding year and who provides value-added telecommunications services specified in Appendix 3-2.

(2) "Technical and managerial measures prescribed by Presidential Decree" in Article 22-5 (2) of the Act means the following measures: <Amended on Oct. 1, 2025>

1. Measures to enable a person who discovers information suspected to be illegal filmed materials, etc. to constantly file a report on, or a request for deletion of, such information with a business operator obliged to take preliminary measures through the information and communication network;

2. Measures to restrict the transmission of search results, such as deleting the search results by identifying whether the information that users intend to search corresponds to illegal filmed materials, etc. for which a report or request for deletion was filed pursuant to Article 22-5 (1) of the Act, by means of comparison of a search word entered by the users and the title, name, etc. of the illegal filmed materials, etc.;

3. Measures to restrict the publication of the relevant information after analyzing the characteristics of the information that users intend to publish and comparing and identifying whether the information corresponds to illegal filmed materials, etc. deliberated and decided by the Korea Media and Communications Standards Commission; in such cases, any of the following technologies shall be used for comparison and identification:

(a) Technologies developed and provided by the State agencies;

(b) Technologies that have passed a performance assessment conducted within the last two years by the institutions and organizations designated and publicly notified by the Korea Media and Communications Commission;

4. Measures to inform users in advance, through the information and communications network, that where they circulate illegal filmed materials, etc., measures necessary to prevent the circulation of the relevant information, such as deleting the information and blocking access thereto, under Article 22-5 (1) of the Act shall be taken and they may be punished under the relevant statutes or regulations.

(3) Detailed matters concerning technical and managerial measures under paragraph (2) shall be determined and publicly notified by the Korea Media and Communications Commission. <Amended on Oct. 1, 2025>

(4) The Korea Media and Communications Commission may provide a business operator obliged to take preliminary measures with any administrative support necessary for taking technical and managerial measures under Article 22-5 (2) of the Act. <Amended on Oct. 1, 2025>

(5) The Korea Media and Communications Commission may establish a cooperation system with business operators obliged to take preliminary measures and the relevant institutions or organizations to provide administrative support under paragraph (4). <Amended on Oct. 1, 2025>

(6) "Period prescribed by Presidential Decree" in Article 22-5 (4) of the Act means three years.

[This Article Added on Dec. 8, 2020]

Article 30-7(Criteria for calculation of penalty surcharges) #

(1) "Sales prescribed by Presidential Decree" in the main clause of Article 22-6 (1) of the Act means the annual average sales of the relevant value-added telecommunications services through which illegal filmed materials, etc. subject to the measures necessary to prevent circulation under Article 22-5 (1) of the Act are circulated, for the immediately preceding three business years, among value-added telecommunications services provided by a business operator obliged to take measures; provided, in any of the following cases, it means the amount classified as follows:

1. Where three years have not passed since the commencement of the business based on the first day of the business year in which the date measures necessary for the prevention of circulation are not taken in violation of Article 22-5 (1) of the Act falls (excluding cases falling under subparagraph 2): An amount obtained by converting the sales from the commencement date of the business until the last day of the immediately preceding business year into an average annual sales;

2. Where the business commences in the business year in which the date measures necessary for the prevention of circulation are not taken in violation of Article 22-5 (1) of the Act falls: An amount obtained by converting the sales from the commencement date of the business until the date of conducting a violation into an average annual sales.

(2) "Cases prescribed by Presidential Decree" in the proviso of Article 22-6 (2) of the Act means any of the following cases:

1. Where no business performance exists due to the failure to commence business, suspension of the business, etc.;

2. Where it is difficult to calculate the sales under paragraph (1) because the scope of circulation of illegal filmed materials, etc. cannot be clearly set;

3. Where it is difficult to objectively calculate the sales because data for the calculation of sales have disappeared or have been destroyed due to a disaster, etc.

(3) Where necessary to calculate the sales under Article 22-6 (1) of the Act, the Korea Media and Communications Commission may request the relevant business operator obliged to take measures to submit financial statements and other accounting data, and data concerning the current status of business operations for a specified period not exceeding 20 days. <Amended on Oct. 1, 2025>

(4) Criteria and procedures for calculating penalty surcharges imposed pursuant to Article 22-6 (1) and (2) of the Act shall be as specified in Appendix 3-3.

(5) Article 48 shall apply mutatis mutandis to notification of the imposition of penalty surcharges and payment thereof under Article 22-6 of the Act. In such cases, the "Minister of Science and ICT or the Korea Media and Communications Commission" in paragraph (1) of that Article and the main clause of paragraph (2) of that Article shall be construed as the "Korea Media and Communications Commission". <Amended on Oct. 1, 2025>

[This Article Added on Dec. 8, 2020]

Article 30-8(Measures to secure service stability of value-added telecommunications business operators) #

(1) "Value-added telecommunications business operator who meets the standards prescribed by Presidential Decree" in Article 22-7 (1) of the Act those who meet all the following standards: <Amended on Jul. 3, 2023>

1. The average number of domestic users per day for three months immediately before the end of the preceding year shall be at least one million;

2. The average volume of domestic traffic generated per day for three months immediately before the end of the preceding year shall be at least 1/100 of the total volume of domestic traffic which is communicated on an average daily basis for three months immediately before the end of the preceding year in the information and communications network through which a domestic facilities-based telecommunications business operator provides Internet services (including wireless Internet services).

(2) "Measures prescribed by Presidential Decree, such as securing the means of service stability and dealing with user requests" in Article 22-7 (1) of the Act means the following measures conducted by a value-added telecommunications business operator under paragraph (1) within the scope of his or her authority and responsibility: <Amended on Jul. 3, 2023; Feb. 11, 2025>

1. The following measures to secure the means of service stability:

(a) Measures necessary for the stable provision of telecommunications services without discrimination (excluding any discrimination depending on the performance of terminal devices or facilities-based telecommunications services provided by a facilities-based telecommunications business operator) based on a terminal device used by users or a facilities-based telecommunications business operator subscribed to by users;

(b) Measures directly implemented by the value-added telecommunications business operator in order to prevent technical errors, such as a preliminary inspection of commercial telecommunications equipment possessed by a value-added telecommunications business operator;

(c) Measures directly implemented by a value-added telecommunications business operator in order to ensure the stable provision of telecommunications services, such as diversification of the server or the optimization of content transmission volume, in preparation for an excessive concentration of traffic on a specific commercial telecommunications equipment;

(d) Measures to be taken by a value-added telecommunications business operator, such as increasing the capacity of a server, securing the smoothness of Internet connection, and optimizing the traffic route, where it is expected that the increase of traffic generated is likely to significantly affect the stable provision of telecommunications services in the future, in consideration of the trend of traffic generated; and if necessary for such measures, consultation with a facilities-based telecommunications business operator or a value-added telecommunications business operator who provides content transmission services;

(e) Measures to give an advance notification to a facilities-based telecommunications business operator, where any act expected to significantly affect the stable provision of telecommunications services is conducted, such as the change in the route of traffic providing telecommunications services;

2. The following measures concerning dealing with user requests:

(a) Securing on-line and automated phone response processing systems that meet all of the following criteria:

(i) It is required to be able to receive and process user requests in Korean;

(ii) It is required to be able to process user requests in real time during business hours;

(iii) If it is impracticable to process user requests in real time during business hours, it is required to be able to process them within 3 business days from the date of receipt;

(iv) If there is a legitimate reason that makes it difficult to process such a request within 3 business days from the date of receipt, such as where statutory interpretation or technical measure is required, it is required to be able to notify the user of the reason and processing schedule;

(b) Conducting a preliminary inspection of commercial telecommunications equipment possessed by a value-added telecommunications business operator in order to implement the measures prescribed in the items of subparagraph 1; and notifying contact information, etc. to give users advice on the relevant facts and relevant matters, where a significant change occurs, such as the temporary suspension of the provision of telecommunications services or the temporary reduction of the transmission speed of telecommunications services;

(c) Securing a means to transmit the relevant data, where a value-added telecommunications business operator suspends or closes his or her business or a user suspends or terminates the contract for use of telecommunications services and if the user requests the value-added telecommunications business operator to transmit materials, such as voice, data, and images created by the user;

3. Preparing a reasonable payment means of service rates;

4. Formulating internal guidelines for the measures falling under subparagraphs 1 through 3.

(3) Deleted. <Jul. 3, 20230>

[This Article Added on Dec. 8, 2020]

Article 30-9(App market business operators' protection of users) #

(1) In order to prevent economic damage, etc. to users in accordance with Article 22-9 (1) of the Act, an app market business operator shall specify the following matters regarding payment and refund of mobile contents, etc. in the terms of use:

1. A method by which users can verify information on persons who provide mobile content, etc. to register and sell mobile content, etc. (hereinafter referred to as "mobile content providers") in a space that brokers transactions of mobile content, etc. (hereinafter referred to as "app market") and information on contracts on the use of mobile content, etc.;

2. Methods for handling complaints about payment and refund of mobile content, etc.

(2) When an app market business operator intends to make any modification specified in the terms and conditions of use under paragraph (1) to the disadvantage of the relevant user, it shall publicly announce the fact of such modification and the details thereof on the website of the user access screen of the app market of the app market business operator or a webpage connected to the user access screen, no later than 30 days before making such modification and, if necessary, it may also publicly announce the details on the website of the app market business operator.

(3) When an app market business operator receives a complaint filed by a user with regard to the payment for mobile contents, etc. or refund thereof, he or she shall notify the details of such complaint to the mobile content provider, etc. and take appropriate measures to ensure that the relevant user is informed of the results of the processing thereof.

(4) Where an app market business operator provides a mobile content provider with means of payment for mobile content, etc., he or she shall implement the following measures to prevent damage to users and protect users' rights and interests under Article 22-9 (1) of the Act:

1. The app market business operator shall indicate or notify important matters regarding payment, such as service rates, service period, whether a periodic payment is made, and refund policy, so that users can easily understand them before making payment for mobile content, etc.;

2. The app market business operator shall formulate and provide guidance on the procedures for terminating contracts to prevent users from suffering greater inconvenience in terminating a contract than entering into one.

[This Article Added on Mar. 15, 2022]

Article 30-10(Subject matters and details of fact-finding surveys on app market operations) #

(1) Where the Minister of Science and ICT or the Korea Media and Communications Commission intends to conduct a fact-finding survey on the operation of app markets of an app market business operator pursuant to Article 22-9 (2) of the Act (hereafter in this Article referred to as "fact-finding survey on app markets"), he or she shall select persons subject to the fact-finding survey on app markets, taking the following into comprehensive consideration: <Amended on Oct. 1, 2025>

1. Sales of and the number of users of an app market;

2. The extent of occurrence of complaints filed with respect to the use of an app market by users and mobile content providers;

3. Frequency of violations of the duty to protect users under Article 22-9 (1) of the Act and occurrence of prohibited acts under Article 50 (1) of the Act.

(2) The details of a fact-finding survey on an app market shall be as follows: <Amended on Oct. 1, 2025>

1. Financial status of an app market business operator, such as sales, and operating incomes;

2. The current status of provision and use of app market services, such as the number of users of an app market, the number of registered and traded mobile contents, etc. and the amount of transactions;

3. Status of the provision and use of settlement services, such as the amount of settlement and settlement fees of an app market;

4. Terms and conditions of use and a contract for use of an app market business operator;

5. Current status of user protection measures, such as the details of complaints filed by users, the processing system, and the results of handling such complaints;

6. Other matters deemed necessary by the Minister of Science and ICT or the Korea Media and Communications Commission to understand the current status of the operation of app markets.

(3) The Minister of Science and ICT or the Korea Media and Communications Commission may conduct a fact-finding survey on app markets every year. In such cases, the Minister of Science and ICT and the Korea Media and Communications Commission shall consult on and coordinate the details, methods, etc. of the survey. <Amended on Oct. 1, 2025>

(4) Where intending to conduct a fact-finding survey on app markets pursuant to paragraph (3), the Minister of Science and ICT or the Korea Media and Communications Commission shall formulate a plan to conduct a fact-finding survey on app markets, including the purpose, details, method, and period of the fact-finding survey and shall notify persons subject to the fact-finding survey in writing not later than 30 days before commencing the survey. <Amended on Oct. 1, 2025>

(5) Before conducting a fact-finding survey, the Minister of Science and ICT or the Korea Media and Communications Commission shall hear in advance opinions from the relevant experts and interested parties. <Amended on Oct. 1, 2025>

(6) A fact-finding survey on app markets shall be conducted by means of an interview, field survey, document survey, statistical survey, literature survey, etc. and may be conducted through the information and communications networks or electronically, such as via electronic mails to efficiently conduct the survey.

(7) The Minister of Science and ICT or the Korea Media and Communications Commission may request the head of a related central administrative agency, a Mayor/Do Governor, an enterprise, a research institute, or any other public institution or organization to submit data, where necessary for a fact-finding survey on app markets. <Amended on Oct. 1, 2025>

[This Article Added on Mar. 15, 2022]

Article 31(Registration of, or reporting on, modification of value-added telecommunications business) #

(1) "Matters prescribed by Presidential Decree" in Article 23 of the Act means the following: <Amended on Jun. 25, 2019; Dec. 8, 2020>

1. A trade name, title and address;

2. Representative;

3. Types of services to be provided;

4. Deleted; <Jun. 25, 2019>

5. Deleted; <Jun. 25, 2019>

6. Deleted; <Jun. 25, 2019>

7. Matters concerning changes in the details of the value-added telecommunications business under Article 22 (1) or (2) of the Act (including the resumption of business subject to the partial cancellation of registration or the partial closure of business under the main clause of Article 27 (1) of the Act).

(2) Where any person intends to modify matters falling under any of the subparagraphs of paragraph (1), he or she shall submit a report on modification in the value-added telecommunications business or an application for registration of modification of the special value-added telecommunications business (including an application or a report prepared in an electronic form) to the Minister of Science and ICT along with documents (including electronic documents) that may confirm the modified matters. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019>

(3) Where the Minister of Science and ICT has registered modified matters upon receipt of an application for registration of modification or has received a report on modification pursuant to paragraph (2), he or she shall issue a certificate of registration or a certificate of report in which modified matters have been entered. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019>

(4) Upon receipt of an application for registration of modification or a report on modification under paragraph (2), the Minister of Science and ICT shall verify the relevant corporation registration certificate or business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the applicant or reporter does not agree to the verification of the business registration certificate, he or she shall be required to attach the document. <Amended on Mar. 23, 2013; Jul. 26, 2017; Apr. 23, 2024>

[This Article Wholly Amended on Feb. 28, 2012]

[Title Amended on Jun. 25, 2019]

Article 32(Reporting on transfer of value-added telecommunications business) #

(1) A person who intends to report the transfer or acquisition of the value-added telecommunications business pursuant to Article 24 of the Act shall submit a report on the transfer or acquisition (including a report prepared in an electronic form) to the Minister of Science and ICT within 30 days from the date on which he or she enters into a contract for transfer or acquisition, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019; Dec. 9, 2022>

1. A copy of a contract for transfer or acquisition;

2. Documents referred to in the subparagraphs of Article 29 (1) and (2);

3. Deleted. <Dec. 9, 2022>

(2) A person who intends to report the merger of a corporate value-added telecommunications business operator under Article 24 of the Act shall submit a report on the merger (including a report prepared in an electronic form) to the Minister of Science and ICT within 30 days from the date he or she enters into a contract for merger, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019; Dec. 9, 2022>

1. A copy of a contract for merger;

2. Documents referred to in the subparagraphs of Article 29 (1) and (2);

3. Deleted. <Dec. 9, 2022>

(3) A person who intends to report the inheritance of the value-added telecommunications business pursuant to Article 24 of the Act shall submit a report on inheritance (including a report prepared in an electronic form) to the Minister of Science and ICT within 30 days from the date the cause of such inheritance arises, along with documents (including electronic documents) proving that he or she is an inheritor or inheritress. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(4) The Minister of Science and ICT in receipt of a report pursuant to paragraphs (1) through (3) shall verify a certificate of registered matters of a corporation of a transferee or the party to merger (referring to a corporation that survives or a corporation newly incorporated) and national technical qualification certificates of its technical human resources or a certificate on records of family relations of an inheritor or inheritress through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where a reporter does not consent to such verification, he or she shall have him or her attach the relevant documents (referring to a copy of a national technical qualification certificate or a certificate on records of family relations) to the report. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(5) When the Minister of Science and ICT receives a report on the transfer, acquisition or merger of the value-added telecommunications business pursuant to paragraph (1) or (2), he or she shall issue a certificate of a report on the value-added telecommunications business or a certificate of registration of a special value-added telecommunications business operator. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 25, 2019>

[This Article Wholly Amended on Feb. 28, 2012]

[Title Amended on Jun. 25, 2019]

Article 35(Reporting on terms and conditions of use) #

(1) A person who intends to file a report (including a report on modification; hereafter in this Article, the same shall apply) on service rates and the conditions of use concerning telecommunications services (hereinafter referred to as "terms and conditions of use") pursuant to Article 28 (1) of the Act shall submit the terms and conditions of use in which the following matters are included to the Minister of Science and ICT, along with evidentiary data for the calculation of telecommunications service charges under paragraph (5) of that Article:

1. Types and details of telecommunications services;

2. An area to which telecommunications services are provided;

3. Telecommunications service rates, including fees and actual costs;

4. Matters necessary for the responsibilities of telecommunications business operators and users;

5. Other matters necessary for the provision or use of the relevant telecommunications services.

(2) Detailed standards for return under the main clause of Article 28 (4) of the Act shall be as follows:

1. In any of the following cases where it is highly likely to undermine user interests:

(a) Where the burden of expenses incurred by users increases unfairly, compared to the existing similar rate plans, in a comprehensive consideration of the conditions of use, the amount of services provided, etc. of a rate plan including the conditions of the use of telecommunications services, the amount of services provided, etc. (hereinafter referred to as "rate plan");

(b) Where a telecommunications business operator unfairly discriminates against users, such as unfairly providing telecommunications services on discriminatory conditions to a user who has signed or intends to enter a telecommunications service contract for a long term or for a great amount of use, compared to users who do not;

(c) Where a telecommunications business operator restricts, without good cause, the use of telecommunications services and terminal devices by users or the conclusion or termination of a service contract or sets matters regarding the responsibility of and protection for users in an unfairly unfavorable manner;

2. In any of the following cases where it is deemed highly likely to undermine the fair competition:

(a) Where a telecommunications business operator is likely to exclude other telecommunications business operators, such as the provision of the relevant telecommunications services at a lower service rate compared to the prices for providing wholesale services to other telecommunications business operators under Article 38 of the Act;

(b) Where a facilities-based telecommunications business operator selling telecommunications services in combination with another telecommunications service, broadcasting under Article 2 of the Broadcasting Act, or Internet multimedia broadcasting under Article 2 of the Internet Multimedia Broadcast Services Act (hereinafter referred to as "combined sale") intends to perform any of the following acts against other facilities-based telecommunications business operators who intend to provide the same or similar services through the combined sale:

(i) An act of refusing the provision of equipment, etc. or the joint use of radio communications facilities under the main clause, with the exceptions of the subparagraphs, of Article 35 (2) of the Act or Article 37 (2) of the Act which is necessary for combined sales, or providing the prices therefor in an unfairly discriminative manner;

(ii) An act of refusing the provision of telecommunications services necessary for combined sales or providing the prices therefor in an unfairly discriminative manner, which falls under subparagraph 5 (f) of Appendix 4.

(3) The Minister of Science and ICT may hear opinions from the relevant experts and interested parties, if necessary to determine the return under the main clause of Article 28 (4) of the Act.

[This Article Wholly Amended on Dec. 8, 2020]

Article 36(Objects of reduction of or exemption from rates) #

(1) Telecommunications services for which rates may be reduced and exempted pursuant to the main clause of Article 29 of the Act shall be as follows: <Amended on Jun. 25, 2019>

1. Telecommunications services for communications concerning the saving of human life and property from danger and disaster or for communications of victims of disaster;

2. Where dedicated line communications of an agency exclusively responsible for affairs concerning military affairs, public peace and order or national security and part of an independent communications network of the State, a local government or public institution under the Act on the Management of Public Institutions are integrated into a telecommunications network of a facilities-based telecommunications business operator, telecommunications services for all or some of dedicated line communications used by such agency;

3. Telecommunications services for communications necessary for military operations in wartime;

4. Telecommunications services for newspapers under the Act on the Promotion of Newspapers, news communications under the Act on the Promotion of News Communications, and communications for reporting of broadcast stations under the Broadcasting Act;

5. Telecommunications services for communications necessary for the promotion of utilization and diffusion of information communications;

6. Telecommunications services for communications of persons who require protection to promote social welfare;

7. Telecommunications services for communications necessary for the promotion of exchange and cooperation between South and North Korea;

8. Telecommunications services for communications especially necessary for management of postal services.

(2) "Facilities-based telecommunications business operator whose telecommunications service turnover of the preceding year is less than an amount prescribed by Presidential Decree" in the proviso of Article 29 of the Act means a business operator classified as follows: <Added on Jun. 25, 2019>

1. Where he or she operates the business possessing line equipment: A facilities-based telecommunications business operator whose turnover in the business possessing line equipment is less than 30 billion won;

2. Where he or she operates the business not possessing line equipment: A facilities-based telecommunications business operator whose turnover in the business not possessing line equipment is less than 80 billion won;

3. Where he or she operates both the business possessing line equipment and the business not possessing line equipment: A facilities-based telecommunications business operator whose turnover in the former is less than 30 billion won and whose turnover in the latter is less than 80 billion won.

[This Article Wholly Amended on Feb. 28, 2012]

Article 37-4(Prepaid calling services and subscription to guarantee insurance policies) #

(1) A facilities-based telecommunications business operator who intends to engage in business providing telecommunications services on a prepaid basis (hereinafter referred to as "prepaid calling services") pursuant to the main clause of Article 32 (4) of the Act shall submit the following data to the Minister of Science and ICT; provided, in cases of a business operator not possessing line equipment, he or she shall submit it to the Director General of the Central Radio Management Office: <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017; Jun. 25, 2019>

1. A copy of a guarantee insurance policy;

2. Data on the total amount of rates for prepaid calling services (hereinafter referred to as "amount of prepaid calling credit issued") in the relevant year;

3. Data on methods for using prepaid calling services;

4. Other data determined and publicly announced by the Minister of Science and ICT, such as guidelines for handling affairs for prepaid calling services and consumer protection.

(2) Each telecommunications business operator who intends to provide prepaid calling services prescribed in paragraph (1) shall observe the following guidelines: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jan. 5, 2021>

1. He or she shall provide prepaid calling services within the insurance period of a guarantee insurance policy;

2. In order to provide additional prepaid calling services during the insurance period of a guarantee insurance, he or she shall provide prepaid calling services within the amount of prepaid calling credit issued actually used;

3. Where he or she intends to change the total amount of prepaid calling credit issued, he or she shall renew a guarantee insurance contract no later than 30 days before he or she changes such amount.; in such cases, he or she shall submit a copy of the relevant renewed guarantee insurance policy to the Minister of Science and ICT or the Director General of the Central Radio Management Office within seven days after such renewal;

4. Where he or she intends to continue to provide services after the period for coverage of a guarantee insurance expires, he or she shall renew the guarantee insurance contract no later than 30 days before the period of coverage expires.; in such cases, he or she shall submit data determined by the Minister of Science and ICT, including a statement of financial position, to the Minister of Science and ICT or the Director General of the Central Radio Management Office within seven days after such renewal;

5. He or she shall take measures necessary to enable users of prepaid calling services to easily understand matters falling under paragraph (1) 3 and 4.

(3) "Amount calculated according to criteria prescribed by Presidential Decree" in the main clause of Article 32 (4) of the Act means an amount calculated according to standards publicly notified by the Minister of Science and ICT, in consideration of capital holdings of a prepaid calling service provider, the amount of prepaid calling credit issued, etc. exceeding 50/100 of the total amount of prepaid calling credit issued. <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017>

(4) "Cases prescribed by Presidential Decree" in the proviso of Article 32 (4) of the Act means any of the following cases: <Amended on Apr. 14, 2015; Dec. 8, 2020>

1. Where the average annual sales of telecommunications services provided by a telecommunications business operator during the last three years exceed 30 billion won;

2. Where the total amount of prepaid calling credit issued is not more than 10/100 of the sales of telecommunications services provided by a telecommunications business operator in the preceding year;

3. Where prepaid calling services have not been suspended or closed during the last three years.

(5) Where the insured receives insurance proceeds, he or she shall pay such proceeds to users within 60 days after the date of receipt pursuant to Article 32 (6) of the Act. In such cases, if the amount payable exceeds proceeds, he or she may pay them to users by dividing them proportionally based on the amount of a loss. <Amended on Apr. 14, 2015; Dec. 8, 2020; Jan. 5, 2021>

(6) Except as provided in paragraphs (2) and (5), the standards, procedures, and methods for dealing with affairs related to a guarantee insurance and insurance proceeds shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>

[This Article Wholly Amended on Feb. 28, 2012]

[Moved from Article 37-2 <Apr. 14, 2015>]

Article 37-5(Details of notification of procedures for raising objections and methods thereof) #

(1) Upon receipt of an order to suspend the provision of telecommunications services from the Minister of Science and ICT under Article 32-3 (1) of the Act, a telecommunications business operator shall notify the following matters to the user of the relevant telecommunications services under Article 32-3 (2) of the Act: <Amended on Jul. 6, 2016; Jul. 28, 2016; Jul. 26, 2017; Dec. 9, 2022>

1. Administrative agency requesting the suspension of the relevant telecommunications services, department in charge, and telephone number;

2. Grounds for suspending the relevant telecommunications services;

3. Period and procedures for raising an objection, classified as follows:

(a) Where a request for suspension is received under Article 32-3 (1) 1 of the Act: The period and procedures for raising an objection prescribed in Article 6-5 (2) of the Enforcement Decree of the Act on Registration of Credit Business and Protection of Finance Users;

(b) Where a request for suspension is received under Article 32-3 (1) 2 of the Act: The period and procedures for raising an objection prescribed in Article 10-2 (1) of the Enforcement Decree of the Special Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss;

(c) Where a request for suspension is received under Article 32-3 (1) 3 of the Act: The period and procedures for raising an objection prescribed in Article 6-2 (1) of the Enforcement Decree of the Electronic Financial Transactions Act;

(d) Where a request for suspension is received under Article 32-3 (1) 4 of the Act: The period and procedures for raising an objection prescribed in Article 60-11 of the Enforcement Decree of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

(e) Where a request for suspension is received under Article 32-3 (1) 5 of the Act: The period and procedures for raising an objection prescribed in Article 37-6.

(2) In accordance with Article 32-3 (3) of the Act, a telecommunications business operator shall notify the procedures for raising objections prescribed in paragraph (1) to the user of the relevant telecommunication services by any of the following means: <Amended on Jan. 5, 2021>

1. Mail or facsimiles;

2. Electronic mail;

3. Telephone or text messages.

[This Article Added on Apr. 14, 2015]

Article 37-6(Procedures for raising objections to suspension of provision of telecommunications services) #

(1) Where a user for whom the provision of telecommunications services is suspended following a request made under Article 32-3 (1) 5 of the Act intends to raise an objection, he or she shall submit a written objection to the head of an investigation agency who has requested the suspension of provision of telecommunications services within 30 days from the date the provision of such services is suspended, stating the following:

1. The name or title, address, and contact information of the person who raises the objection;

2. The grounds for raising the objection;

3. The date the provision of telecommunications services is suspended.

(2) Upon receipt of a written objection under paragraph (1), the head of an investigation agency (hereinafter referred to as the "head of an investigation agency") shall give written notice of the results of the relevant objection to the person who has raised the objection within 15 days from the date of receipt of thereof; provided, where it is impracticable to make a determination within 15 days due to any unavoidable reason, he or she may extend the period by up to 15 days and shall notify the grounds and period for such extension to the person who has raised the objection.

(3) Where a written objection submitted under paragraph (1) requires to be supplemented, the head of an investigation agency may request the supplementation of such written objection in writing, specifying the details to be supplemented and the period for supplementation. In such cases, the period required for supplementation shall not be included in the period specified in the main clause of paragraph (2).

(4) Where the head of an investigation agency deems that an objection is well-grounded, he or she shall request the Minister of Science and ICT to revoke the suspension of providing the relevant telecommunications services without delay.

[This Article Added on Dec. 19, 2022]

[Previous Article 37-6 moved to Article 37-7 <Dec. 9, 2022>]

Article 37-7(Verification of principal when entering into contracts) #

(1) "Telecommunications business operator prescribed by Presidential Decree" in Article 32-4 (2) of the Act means a telecommunications business operator who provides mobile communications services defined in subparagraph 1 of Article 2 of the Mobile Device Distribution Improvement Act.

(2) A mobile communications business operator under paragraph (1) shall verify that the counterparty to a contract is the principal, through any of the following certificates and documents submitted by the counterparty (including legal representatives; hereafter in this Article, the same shall apply) under Article 32-4 (3) and (4) of the Act; in such cases, where any contract is entered into through an information communications network, such verification may be used in lieu of the verification made through a digital signature (limited to the one that can identify the real name of a signer) defined in subparagraph 2 of Article 2 of the Digital Signature Act: <Amended on Dec. 8, 2020; May 23, 2023; Dec. 3, 2024>

1. Individual: Resident registration certificate (including mobile resident registration certificate), driver's license, registration certificate of the disabled, registration certificate of distinguished service to the State, or passport of the Republic of Korea;

2. A corporation: Business registration certificate or certificate of identification number;

3. An unincorporated organization: Certificate of identification number;

4. A foreigner or an overseas Korean national: Alien registration certificate, resident registration certificate (including mobile resident registration certificate), certificate of a report on domestic place of residence, or passport.

(3) A telecommunications business operator under paragraph (1) shall verify the authenticity of the certificates and documents referred to in the subparagraphs of paragraph (2) through an illegal contracting prevention system referred to in subparagraphs of Article 32-5 (1) of the Act (hereinafter referred to as "illegal contracting prevention system").

(4) Notwithstanding paragraphs (2) and (3), where the counterparty to a contract is unable to submit any certificate or document prescribed in the subparagraphs of paragraph (2) or it is impracticable to verify the authenticity of a certificate or document prescribed in subparagraphs of paragraph (2) through an illegal contracting prevention system, a telecommunications business operator under paragraph (1) shall verify that the counterparty to the contract is the principal by means of a certificate, etc. prescribed by the relevant telecommunications business operator in the terms and conditions of the use as a certificate or document corresponding to that prescribed in the subparagraphs of paragraph (2).

[This Article Added on Apr. 14, 2015]

[Moved from Article 37-6; previous Article 37-7 moved to Article 37-8 <Dec. 9, 2022>]

Article 37-13(Notice of suspension of provision of telecommunications services) #

(1) Where the provision of telecommunications services has been suspended, a telecommunications business operator shall notify, without delay, users of the suspension of the provision thereof, the cause of the suspension, status of responsive measures taken, contact information on receipt of relevant consultations, etc. under Article 33 (2) of the Act; provided, this shall not apply to any of the following cases: <Amended on Mar. 28, 2025>

1. Where the provision of telecommunications services has been suspended to replace telecommunications equipment or to improve services, within the scope of a prior notice given;

2. Where the provision of telecommunications services has been suspended due to a failure in telecommunications line equipment of a facilities-based telecommunications business operator;

3. Where the provision of any of the following value-added telecommunications services has been suspended:

(a) Value-added telecommunications services provided by a person whose telecommunications service turnover of the preceding year is less than 10 billion won;

(b) Value-added telecommunications services of which the average daily number of users in the three months immediately before the end of the preceding year is less than 1 million;

4. Deleted; <Mar. 28, 2025>

5. Where the provision of telecommunications services has been suspended for not more than two hours because any of the following cases has occurred due to unexpected extenuating circumstances; provided, this shall not apply where the provision of telecommunications services has been suspended due to failures or errors of important communications facilities (referring to facilities designated as broadcasting communications facilities specified in Article 35 (2) 1 of the Framework Act on Broadcasting Communications Development according to a master plan for the management of disasters in broadcasting communications formulated pursuant to Article 35 (1) of that Act):

(a) Where the use of telecommunications services is excessively concentrated;

(b) Where a telecommunications equipment failure or error occurs;

(c) Where any situation corresponding to item (a) or (b) occurs, such as an abnormal phenomenon occurring in software for providing telecommunications services;

6. Where the provision of cloud computing services prescribed in the Act on the Development of Cloud Computing and Protection of Its Users has been suspended.

(2) Where the provision of telecommunication services is interrupted, a telecommunications business operator shall notify users of the following matters within 30 days from the date on which provision of telecommunication services is resumed or the cause of the interruption is resolved under Article 33 (2) of the Act; provided, the foregoing shall not apply to cases where such interruption falls under paragraph (1) 1 through 3 and 5 and cases where telecommunications services provided to users without monthly or periodic usage fees are interrupted: <Amended on Mar. 28, 2025>

1. A person entitled to claim compensation;

2. The standards for compensating for damage;

3. The procedures and method for compensating for damage.

(3) Where a telecommunications business operator gives notice under paragraph (1) or (2), he or she shall do so by at least one of the following methods; provided, where it is impracticable to give notice of the suspension of the provision of telecommunications services using telecommunications equipment, a telecommunications business operator shall notify the media of such suspension without delay and then immediately give notice thereof under paragraph (1), with the exception of the subparagraphs, if it becomes possible to give notice by each of the following methods: <Amended on Mar. 28, 2025>

1. Using e-mails;

2. Using text messages;

3. Posting such interruption on the relevant website or on the connection screen of an application, etc. used in a mobile communication terminal device;

4. Using an electronic notification method that can individually notify users, such as social network services (SNS).

(4) Where a telecommunications business operator has predetermined a separate method of giving notice when concluding a contract with users, he or she may use such method, notwithstanding paragraph (3).

[This Article Added on Jun. 25, 2019]

[Moved from Article 37-12 <Jun. 28, 2024>]

Article 38-2(Subject matters and details of fact-finding surveys of value-added telecommunications business) #

(1) The subject matters of a fact-finding survey to identify the current status of value-added telecommunications business under Article 34-2 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as follows:

1. A person who has filed a report on value-added telecommunications business pursuant to Article 22 (1) of the Act;

2. A person who has filed for registration of value-added telecommunications business pursuant to Article 22 (2) of the Act;

3. A person who is deemed to have filed a report on value-added telecommunications business pursuant to Article 22 (4) of the Act.

(2) The details of a fact-finding survey shall be as follows:

1. General status, such as business registration number, the name of the representative, trade name or title, and the location of the main office;

2. Financial status, such as capital, sales, and operating incomes;

3. Current status of and demand for human resources, such as the number of employees and the number of persons to be employed;

4. Current status of research and development or technologies, including research and development expenses, the number of intellectual property rights, and a plan for utilizing new technology;

5. Current status of the provision of value-added telecommunications services, such as the details of services provided, the number of service users, the number of transactions, and transaction amounts;

6. Current status of the protection and use of data, such as the types of data collected according to the provision of value-added telecommunications services and the types of use of data collected;

7. Current status of the competition in value-added telecommunications services, including market share, and company acquisition and mergers;

8. Other matters deemed by the Minister of Science and ICT as necessary to identify the current status of value-added telecommunications business.

(3) The Minister of Science and ICT shall conduct a fact-finding survey once each year.

(4) Where the Minister of Science and ICT intends to conduct a fact-finding survey, he or she shall formulate a plan for fact-finding survey, including the purpose and subjects of the fact-finding survey, the standards for selecting the subjects, and the details, methods, period, etc. thereof, and shall inform persons subject to the fact-finding survey in writing no later than 30 days before commencing such fact-finding survey.

(5) Before conducting a fact-finding survey, the Minister of Science and ICT shall hear in advance opinions from the relevant experts and interested parties.

(6) A fact-finding survey shall be conducted through an interview, field survey, document survey, statistical survey, literature survey, etc. and may be conducted through the information and communications networks or electronically, such as via electronic mails, if necessary for conducting the survey efficiently.

(7) The Minister of Science and ICT may request necessary data from the heads of the relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), companies, research institutes, or other public institutions or organizations.

[This Article Added on Apr. 6, 2021]

Article 39-4(Composition and operation of council for maintenance of aerial cables) #

(1) The Council for Maintenance of Aerial Cables referred to in the latter part of Article 35-2 (2) of the Act (hereafter in this Article and Article 39-5 referred to as the "Maintenance Council") shall be comprised of not more than 15 members, including one chairperson.

(2) The Second Vice Minister of the Ministry of Science and ICT shall be the chairperson of the Maintenance Council (hereafter in this Article and Article 39-5 referred to as the "chairperson"), and the members of the Maintenance Council (hereafter in this Article referred to as "members") shall be appointed or commissioned by the Minister of Science and ICT from among the following persons: <Amended on Jul. 26, 2017; Oct. 1, 2025>

1. A public official in general service belonging to the Senior Executive Service of the Ministry of Science and ICT;

2. Public officials in general service belonging to the Senior Executive Service of the Ministry of Trade, Industry and Resources and the Ministry of Land, Infrastructure and Transport, appointed respectively by the heads of the agencies to which they belong;

3. Public officials of Grade III or higher belonging to a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province, appointed respectively by the heads of the agencies to which they belong;

4. Persons with extensive expertise and experience in the maintenance of aerial cables, among persons belonging to telecommunications business operators, facility management institutions, or organizations related to the maintenance of aerial cables;

5. Other persons with extensive expertise and experience in urban beautification and maintenance of aerial cables.

(3) The term of office of the members referred to in paragraph (2) 4 and 5 shall be two years, and the consecutive appointment may be permitted only once.

(4) The chairperson shall represent the Maintenance Council and exercise the overall control of its affairs; provided, if the chairperson is unable to perform his or her duties in any extenuating circumstance, a member predesignated by the chairperson shall act on behalf of the chairperson.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the Maintenance Council shall be prescribed by the chairperson, following resolution of the maintenance commission.

[This Article Added on Jul. 20, 2015]

Article 40(Reporting on agreements on interconnection) #

(1) Any person who intends to make a report, report on modification or report on cancellation of the conclusion of an agreement on the provision of wholesale service, the provision, common utilization, interconnection or common use of equipment, etc. or the provision of information, or to obtain authorization, authorization for modification or authorization for cancellation thereof pursuant to Articles 38 (5) and 44 (1) through (3) of the Act shall submit the following documents to the Minister of Science and ICT; provided, in cases of a report on cancellation or authorization for cancellation, he or she shall submit documents referred to in subparagraphs 1 and 6 only: <Amended on Mar. 23, 2013; Apr. 14, 2015; Jul. 26, 2017>

1. A copy of an agreement;

2. Documents in which the amount that the party to an agreement should pay or receive and a method of settlement of accounts thereof and a method of the execution of an agreement are entered;

3. Documents in which the conditions of the provision of wholesale service, the provision, common utilization, interconnection or common use of equipment, etc. or the provision of information, and other expenses incurred in relation to an agreement are specified;

4. Drawings indicating the summary (including an access network diagram, locations of access points, etc.) of the provision of wholesale service, the provision, common utilization, interconnection or common use of equipment, etc. or the provision of information;

5. Documents comparing a new agreement with a former agreement (only applicable to cases where he or she applies for a report on modification or authorization for modification);

6. Documents proving a fact of cancellation (including electronic documents).

(2) When the Minister of Science and ICT receives documents prescribed in paragraph (1), he or she shall examine whether the details thereof meet standards for the provision of equipment, etc., common utilization, the provision of wholesale service, interconnection or common use, or the provision of information prescribed in Article 35 (3), 37 (3), 38-2 (3), 39 (2), 41 (2) or 42 (2) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 28, 2024>

(3) A facilities-based telecommunications business operator who has obtained authorization for the conclusion of an agreement, authorization for modification thereof or authorization for the cancellation thereof pursuant to Article 44 (2) of the Act or who has filed a report on the conclusion of an agreement, a report on modification thereof or a report on the cancellation thereof pursuant to Article 44 (3) of the Act shall announce the details thereof on the Internet website of the relevant business operator. <Amended on Apr. 14, 2015>

(4) When the Minister of Science and ICT receives documents prescribed in paragraph (1) pursuant to Article 65 (3) of the Act, he or she shall examine whether the details thereof meet standards prescribed in Article 35 (3) of the Act and private communications equipment provided have been installed for the applicant's own use for telecommunications. <Amended on Mar. 23, 2013; Jul. 26, 2017>

[This Article Wholly Amended on Feb. 28, 2012]

Article 40-2(Provision of information on standards for telecommunications services) #

(1) Telecommunications services subject to the provision of information on standards referred to in Article 42 (5) of the Act shall be as follows: <Amended on Jul. 26, 2017; Jul. 30, 2017; Jul. 30, 2024>

1. Voice and video call services (including voice call service through LTE communications networks);

2. Short and multimedia message services (including short and multimedia message services based on the Internet protocol multimedia system);

3. Emergency calling service;

4. Caller ID display service, caller ID restriction service, call forwarding service, call hold service, and call waiting service;

5. Other telecommunications services determined and publicly notified by the Minister of Science and ICT, which require information on the specifications for the manufacture, import, distribution, and sale of communications terminal devices under Article 42 (5) of the Act (hereinafter referred to as "communications terminal devices").

(2) A request for the provision of information on standards for telecommunications services under Article 42 (5) of the Act (hereafter in this Article referred to as "standards information") shall be made by a document stating the following matters:

1. The name (referring to the name of a relevant corporation, in cases of corporations) and address of a person who requests the provision of standards information;

2. The scope, purpose of use, and provision timing of standards information.

(3) A facilities-based telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall provide the requested standards information within seven days from the date on which he or she receives a request under paragraph (2); provided, in extenuating circumstances, he or she may provide the information within 30 days from the date of receipt of such request, informing the requester of a reason for delay in advance.

(4) Standards information shall be provided in compliance with a method agreed upon and determined by the relevant parties, such as online transmission and sending a booklet.

[This Article Added on Jan. 7, 2014]

[Moved from Article 40-4; previous Article 40-2 moved to Article 40-3 <Jun. 11, 2019>]

Article 40-5(Composition and operation of Communications Dispute Mediation Committee) #

(1) Members of the Communications Dispute Mediation Committee established pursuant to Article 45-2 (1) of the Act (hereinafter referred to as the "Dispute Mediation Committee") shall be comprised of five standing members, including one chairperson, and non-standing members. <Amended on Jul. 3, 2023>

(2) The Chairperson of the Dispute Mediation Committee and other standing members shall be appointed by the Chairperson of the Korea Media and Communications Commission from among the members under Article 45-2 (3) of the Act. <Added on Jul. 3. 2023; Oct. 1, 2025>

(3) Where office held by a member of the Dispute Mediation Committee is vacated, the Chairperson of the Korea Media and Communications Commission shall commission a member for filling a vacancy pursuant to Article 45-2 (3) of the Act. In such cases, the term of office of the member commissioned for filling a vacancy shall be the remaining term of his or her predecessor. <Amended on Jul. 3, 2023; Oct. 1, 2025>

(4) The Chairperson of the Dispute Mediation Committee shall represent the Committee and exercise general supervision over the business affairs of the Committee. <Amended on Jul. 3, 2023>

(5) Where the Chairperson of the Dispute Mediation Committee is unable to perform his or her duties due to extenuating circumstances, a person appointed by the Chairperson of the Korea Media and Communications Commission shall act for the Chairperson. <Amended on Jul. 3, 2023; Oct. 1, 2025>

(6) The Chairperson of the Dispute Mediation Committee shall convene and preside over the meetings of the Committee if requested by at least 1/3 of all incumbent members or if deemed necessary by the Chairperson of the Committee. <Amended on Jul. 3, 2023>

(7) A majority of the members of the Dispute Mediation Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. <Amended on Jul. 3, 2023>

[This Article Added on Jun. 11, 2019]

Article 43(Imposition and collection of charges for compelling compliance) #

(1) "Sales prescribed by Presidential Decree" in the main clause of Article 51-2 (2) of the Act means, where the Korea Media and Communications Commission reissues an order to submit data or articles pursuant to paragraph (1) of that Article (hereafter in this Article referred to as "reissued order for submission"), the amount obtained by dividing the amount classified in the following by the number of days (including non-business days) in the period for summing sales prescribed in the relevant subparagraph, based on the business year in which the end date of the compliance period specified in the reissued order for submission falls (hereinafter referred to as "average daily sales"): <Amended on Oct. 1, 2025>

1. If the total business period is at least three years as at the last day of the immediately preceding business year: An aggregate amount of the sales of the three immediately preceding business years;

2. If the total business period is less than three years as at the last day of the immediately preceding business year: An aggregate amount of the sales from the commencement of business until the last day of the immediately preceding business year.

(2) The criteria for imposing charges for compelling compliance under Article 51-2 (2) of the Act shall be as specified in Appendix 4-2.

(3) In reissuing an order for submission, the Korea Media and Communications Commission shall give written notice of the fact that a charge for compelling compliance will be imposed and collected if the order is not complied with by the end date of the compliance period prescribed by the relevant order. <Amended on Oct. 1, 2025>

(4) Where the Korea Media and Communications Commission imposes a charge for compelling compliance under Article 51-2 (2) of the Act, it shall give written notice clearly stating the amount of the charge for compelling compliance per day, the grounds for imposition, the deadline for payment, the collecting agency, the methods and agency for filing an objection, etc. <Amended on Oct. 1, 2025>

(5) A person in receipt of a payment notice of a charge for compelling compliance under paragraph (4) shall pay the charge for compelling compliance within 30 days from the date the Korea Media and Communications Commission checks the date the reissued order for submission has been complied with, determines the charge for compelling compliance, and notifies the payment; provided, where it is impossible to pay the charge for compelling compliance within the period due to any act of God or any other unavoidable cause, the charge shall be paid within 30 days from the date such cause or event ceases to exist. <Amended on Oct. 1, 2025>

(6) Where the Korea Media and Communications Commission imposes a charge for compelling compliance pursuant to Article 51-2 (2) of the Act but the reissued order for submission is not complied with even after 30 days have elapsed from the end date of the compliance period prescribed by such order, it may collect a charge for compelling compliance upon the lapse of every 30-day period calculated from such end date. <Amended on Oct. 1, 2025>

(7) Except as provided in paragraphs (1) through (6), details necessary for the imposition and collection of charges for compelling compliance shall be determined and publicly notified by the Korea Media and Communications Commission. <Amended on Oct. 1, 2025>

[This Article Added on Apr. 19, 2022]

Article 51(Specialized Institutions for Sharing Unique Identification Numbers and Issuing Written confirmations of transactions) #

(1) A specialized institution designated to efficiently share the unique international identification numbers of communications terminal devices under Article 60-2 (4) of the Act (hereinafter referred to as "unique identification number") and to effectively issue written confirmations of transactions under paragraph (2) of that Article (hereinafter referred to as "written confirmation of transactions") shall establish an integrated management center for unique identification numbers and conduct the following affairs: <Amended on Dec. 9, 2022; Jul. 30, 2024>

1. Establishment and operation of an information system for sharing unique identification numbers (hereinafter referred to as "integrated management system for unique identification numbers") of communications terminal devices under the subparagraphs of Article 60-2 (1) of the Act (hereinafter referred to as "reported or notified device");

1-2. Support for the issuance of written confirmations of transactions;

2. Provision of information and support for inquiries to block the use of reported or notified devices;

3. Support for sharing unique identification numbers with foreign governments, etc.

(2) A telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall immediately register the unique identification number of a reported or notified device in the integrated management system for unique identification numbers, and he or she shall delete the registered information thereof immediately in any of the following cases:<Amended on Dec. 9, 2022; Jul. 30, 2024>

1. Where any user of a communications terminal device specified in Article 60-2 (1) 1 of the Act requests unblocking of the use of the relevant communications terminal device;

2. Where a prosecutor or the head of an investigation agency (including the head of a military investigation agency) who has notified blocking of the use of a communications terminal device specified in Article 60-2 (1) 2 of the Act notifies unblocking of the use of such device;

3. Where a person who has been issued a written confirmation of transaction requests unblocking of the use of the relevant communications terminal device.

(3) A telecommunications business operator who provides telecommunications services using a frequency assigned under the Radio Waves Act shall verify whether a reported or notified device has been connected to a communications network through the integrated management system for unique identification numbers and shall stop the provision of telecommunications services for the reported or notified device. <Amended on Dec. 9, 2022>

(4) The Minister of Science and ICT may provide subsidies to cover the expenses incurred in establishing and operating the integrated management center for unique identification numbers referred to in paragraph (1). <Amended on Jul. 26, 2017>

(5) Where a person (including both a seller and a buyer; hereinafter the same shall apply in this paragraph) who has transacted a second-hand telecommunications terminal device pursuant to Article 60-2 (2) of the Act meets all of the following requirements, the Minister of Science and ICT may issue a certificate of transaction, as determined and publicly notified by the Minister of Science and ICT: <Added on Jul. 30, 2024>

1. A person who has transacted a second-hand telecommunications terminal device shall undergo procedures for verifying his or her identity by any of the following methods:

(a) The method of identification provided by a certification-service provider who has obtained accreditation as to its compliance with the operational standards pursuant to the former part of Article 8 (1) of the Digital Signature Act;

(b) The method of identification provided by an identity verification agency designated under Article 23-3 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

2. The relevant second-hand telecommunications terminal device shall not be classified as a reported or notified device.

(6) Where the Minister of Science and ICT designates a specialized institution pursuant to Article 60-2 (4) of the Act, he or she shall designate it from among the following institutions: <Added on Jul. 30, 2024>

1. Korea Association for ICT Promotion;

2. Other institutions recognized by the Minister of Science and ICT as having expertise in establishing and operating an integrated management system for unique identification numbers.

(7) Any person who intends to obtain a written confirmation of transaction pursuant to paragraph (5) shall pay fees as determined and publicly notified by the Minister of Science and ICT. <Added on Jul. 30, 2024>

[This Article Added on Jan. 7, 2014]

[Title Amended on Jul. 30, 2024]

[Previous Article 51 moved to Article 50-2 <Jan. 7, 2014>]

Article 51-2(Reporting of and approval for installation of telecommunications equipment) #

(1) A facilities-based telecommunications business operator who intends to install or modify important telecommunications equipment pursuant to the main clause of Article 62 (1) of the Act shall submit a report on the installation or a report on modification of important telecommunications equipment (including a report in an electronic form) to the Minister of Science and ICT, along with the following information (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. Specifications of the installation or change of telecommunications equipment (including a schematic diagram of a communications network);

2. Measures for security of telecommunications equipment.

(2) A facilities-based telecommunications business operator who intends to obtain approval for the installation of telecommunications equipment to be installed pursuant to the proviso of Article 62 (1) of the Act shall submit an application (including an application in an electronic form) for approval for the installation of telecommunications equipment to the Minister of Science and ICT, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. A business plan;

2. Measures for security of telecommunications equipment.

3. Technical trends of the relevant telecommunications equipment, such as national and international standards;

4. The current status of research and development of the relevant telecommunications equipment in Korea and overseas;

5. An agreement (only applicable to cases of the joint installation or use with other domestic or foreign business operators; hereafter the same shall apply in this Article).

(3) Where the Minister of Science and ICT receives an application under paragraph (2), he or she shall examine the following matters and notify an applicant within 15 days whether he or she grants approval: <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. The feasibility of a business plan;

2. Appropriateness of measures for security of telecommunications equipment;

3. Compatibility with domestic and overseas technical standards;

4. The legality of an agreement.

[This Article Wholly Amended on Feb. 28, 2012]

Article 51-6(Reporting of private telecommunications equipment) #

(1) A person who intends to install private telecommunications equipment pursuant to Article 64 of the Act shall submit a report on the installation of private telecommunications equipment in which the following matters are stated to the competent Mayor/Do Governor (where the Mayor/Do Governor intends to install private telecommunications equipment, referring to the Minister of Science and ICT) having jurisdiction over the location of the office in which main equipment is installed, along with the specifications and drawings for the installation work of private telecommunications equipment, no later than 21 days prior to the date of commencement of the installation work of the relevant equipment: <Amended on Mar. 31, 2016; May 31, 2016; Apr. 6, 2021; Jan. 9, 2024>

1. A reporter;

2. A type of business;

3. Purposes of installation;

4. A mode of telecommunications;

5. A place where the relevant equipment is installed;

6. An outline of the relevant equipment;

7. The date of operation or the scheduled date of operation of the relevant equipment.

(2) "Important matter prescribed by Presidential Decree" in the main clause and proviso of Article 64 (1) of the Act means matters provided for in paragraph (1) 2 through 6. <Amended on Jan. 9, 2024>

(3) Where a person who has reported the installation of private telecommunications equipment intends to modify matters prescribed in paragraph (2), he or she shall submit a report on modification (including a report in an electronic form) in which the modified matters are stated to the competent Mayor/Do Governor (where the Mayor/Do Governor intends to install private telecommunications equipment, referring the Minister of Science and ICT), along with the specifications and drawings (including a table of comparison before and after modification) for the installation work of private telecommunications equipment on the modified matters no later than 21 days prior to the date of commencement of such modification (where he or she intends to modify matters referred to in paragraph (1) 4 through 6, the date of commencement of such modification work). <Amended on Mar. 23, 2013; May 31, 2016; Jan. 9, 2024>

(4) When the Minister of Science and ICT or the Mayor/Do Governor receives a report on installation prescribed in paragraph (1) or a report on the modification of installation prescribed in paragraph (3), he or she shall examine the following matters: <Amended on Mar. 23, 2013; May 31, 2016; Jan. 9, 2024>

1. Whether such installation or such modification of installation meets technical standards prescribed in Article 28 (1) of the Framework Act on Broadcasting Communications Development;

2. Whether the objectives of and grounds for the installation of telecommunications equipment lie in using them for a reporter's own telecommunications.

(5) Where the Minister of Science and ICT or the Mayor/Do Governor finds, as a result of an examination administered under paragraph (4), that such installation or such modification of installation meets requirements under the subparagraphs of the same paragraph, he or she shall issue a certificate of a report on the installation or a certificate of a report on modification of private telecommunications equipment to a reporter. <Amended on Mar. 23, 2013; May 31, 2016; Jan. 9, 2024>

[This Article Wholly Amended on Feb. 28, 2012]

Article 51-7(Verification of installation work) #

(1) A person who has filed a report on the installation of private telecommunications equipment or a report on modification thereof pursuant to Article 64 (3) of the Act shall obtain confirmation from the Mayor/Do Governor (where the Mayor/Do Governor has filed a report on the installation of private telecommunications equipment or a report on modification thereof, referring to the Minister of Science and ICT ) within seven days from the date the installation works or modification works for such equipment are completed. <Amended on Mar. 23, 2013; May 31, 2016; Jan. 9, 2024>

(2) A person who intends to obtain confirmation on private telecommunications equipment pursuant to paragraph (1) shall submit an application (including an application in an electronic form) for confirmation on private telecommunications equipment to the competent Mayor/Do Governor (where the Mayor/Do Governor intends to obtain confirmation on private telecommunications equipment, referring to the Minister of Science and ICT), along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; May 31, 2016; Jan. 9, 2024>

1. Documents by which it may verify that the installation work thereof has been performed in compliance with technical standards prescribed in Article 28 (1) of the Framework Act on Broadcasting Communications Development;

2. Documents by which it may verify that the installation work thereof has been performed according to the specifications and drawings prescribed in Article 28 (3) of the Framework Act on Broadcasting Communications Development;

3. A copy of a certificate of a contractor.

(3) Where the Minister of Science and ICT or the Mayor/Do Governor finds, as a result of an examination of application documents prescribed in paragraph (2), that an application and accompanying documents fall under any of the following, he or she may request an applicant to supplement such documents specifying an appropriate period. <Amended on Mar. 23, 2013; May 31, 2016; Jan. 9, 2024>

1. Where accompanying documents are incomplete;

2. Where the details that should be stated in an application and accompanying documents are unclear.

[This Article Wholly Amended on Feb. 28, 2012]

Article 52(Designation of boundary areas of submarine cables) #

(1) Where a facilities-based telecommunications business operator makes a request for the designation of a boundary area for submarine cables pursuant to Article 79 (3) of the Act, he or she shall submit the following data to the Minister of Science and ICT: <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. The necessity of the designation of a boundary area;

2. Sections and the width of a boundary area (referring to data in which coordinates of a boundary area indicating the latitude and longitude are stated).

(2) If necessary for the designation of a boundary area for submarine cables, the Minister of Science and ICT may request a facilities-based telecommunications business operator who has applied for the designation thereof to additionally submit data in addition to submitted documents referred to in the subparagraphs of paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017>

(3) The Minister of Science and ICT shall send the data submitted pursuant to paragraphs (1) and (2) to the head of the related central administrative agency under Article 79 (4) of the Act and hear his or her opinion. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(4) Unless any particular circumstance exists, the Minister of Science and ICT shall notify a facilities-based telecommunications business operator who has applied for the designation of a boundary area for submarine cables of whether such area has been designated within 60 days from the date of application, and when he or she has designated a boundary area for submarine cables, he or she shall publicly notify such designation without delay. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(5) If the Minister of Science and ICT designates and publicly notifies a boundary area for submarine cables pursuant to paragraph (4), a facilities-based telecommunications business operator who has applied for the designation thereof shall make a public announcement of the location of the boundary area on his or her website, etc., and may install area indicators, such as by buoys, in the designated boundary area. <Amended on Mar. 23, 2013; Jul. 26, 2017>

[This Article Wholly Amended on Feb. 28, 2012]

Article 53(Protection of privacy of communications) #

(1) A telecommunications business operator shall retain a ledger of the provision of communication user information prescribed in Article 83 (5) of the Act for one year. <Amended on Jun. 28, 2024>

(2) A telecommunications business operator shall report on the current status of the provision of communication user information prescribed in Article 83 (6) of the Act and notify the current status of the provision of communication user information prescribed in paragraph (7) of that Article within 30 days after the expiration of each half-year. <Amended on Jun. 28, 2024>

(3) An organization in exclusive charge of the affairs prescribed in Article 83 (8) of the Act (hereinafter referred to as "organization exclusively responsible") shall perform the following functions: <Amended on Jun. 28, 2024>

1. Presiding over affairs concerning privacy of communications of users;

2. Control over unlawful or unjust acts of violating privacy of communications of users by employees of a telecommunications business operator or the third party;

3. Reporting on the current status of the provision of communication user information prescribed in Article 83 (6) of the Act;

4. Notification of details entered in the ledger of the provision of communication user information prescribed in Article 83 (7) of the Act;

5. Handling complaints filed or opinions submitted by users concerning privacy of communications;

6. Education for employees in charge of affairs concerning privacy of communications;

7. Other affairs necessary for the protection of privacy of communications of users.

(4) An organization exclusively responsible shall be established in the head office of the relevant telecommunications business operator and an employee on the level of an executive officer shall be held responsible for such organization.

(5) A person with the authority to grant approval of a written request for the provision of information prescribed in Article 83 (9) of the Act shall be a judge, a prosecutor, a public official of Grade IV or higher in rank (including a public official of Grade V where a public official of Grade V is the head of a government investigation office or the head of an information investigation agency) of an investigation agency (including a military investigation agency, the National Tax Service, a regional tax service: hereinafter the same shall apply) or an intelligence investigation agency, or a public official in general service belonging to the Senior Executive Service; provided, in cases of the police and the Korea Coast Guard police, he or she shall be a public official in a rank equal to or higher than a police superintendent (including a superintendent where a superintendent is the head of a government office) and in cases of a military investigation agency, he or she shall be a military prosecutor or a military officer in a rank equal to or higher than a lieutenant colonel (including a major in cases of a military investigation agency, the commanding officer of which is a major). <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 30, 2022>

(6) The grade and name of a person with the authority to grant approval shall be clearly stated in a request for provision of information prescribed in Article 83 (9) of the Act; provided, in cases of an intelligence and investigation agency under subparagraph 6 of Article 2 of the Regulations on Planning and Adjustment of Intelligence and Security Affairs, only the grade of a person with the authority to grant approval may be stated, and in cases of a court, the grade and name of a person with the authority to grant approval shall be clearly stated. <Amended on Dec. 19, 2023; Jun. 28, 2024>

[This Article Wholly Amended on Feb. 28, 2012]

Article 56(Approval concerning international telecommunications services) #

(1) "International telecommunications services prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 86 (2) of the Act means the installation and lease of artificial satellites to provide international telecommunications services. <Amended on Jan. 7, 2014>

(2) A person who intends to obtain approval under the main clause, with the exception of the subparagraphs, of Article 86 (2) of the Act shall submit the following documents to the Minister of Science and ICT: <Amended on Mar. 23, 2013; Jan. 7, 2014; Jul. 26, 2017>

1. A copy of an agreement or a contract;

2. A table of comparison on old and new agreements or contracts (only applicable to approval for modification);

3. Documents proving the termination of an agreement or a contract (only applicable to an application for approval for the termination thereof);

4. A business plan (only applicable to an application for approval for an agreement on cross-border provision of facilities-based telecommunications services under Article 87 (1) of the Act).

(3) If the Minister of Science and ICT intends to approve an agreement on cross-border provision of facilities-based telecommunications services referred to in Article 87 (1) of the Act pursuant to the main clause, with the exception of the subparagraphs, of Article 86 (2) of the Act, he or she shall examine the following matters comprehensively: <Added on Jan. 7, 2014; Jul. 26, 2017>

1. Possibility of stable provision of services;

2. Effects on competition of the domestic communications market;

3. Matters on user protection.

(4) "Requirements prescribed by Presidential Decree" in the proviso of Article 86 (3) of the Act means a telecommunications business operator whose capital is less than three billion won and who does not have an international direct dialing code granted by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jan. 7, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Feb. 28, 2012]

Article 58(Statistical reports) #

(1) Types of statistics which a telecommunications business operator should report to the Minister of Science and ICT pursuant to Article 88 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; May 31, 2013; Dec. 30, 2016; Jul. 26, 2017; Jun. 25, 2019>

1. The current status of telecommunications facilities: Line facilities, exchange facilities, transmission facilities and power supply facilities, etc. for each service;

2. Results of utilization of telecommunications: Sales, the number of occasions of use, etc. of each service, each phase of distance, each period, each time zone, each country (including the results of each foreign telecommunications business operator), each service area, and between service areas;

3. The current status of users of telecommunications: The number of subscribers, etc. for each service, each City/Do, and each service area;

4. Data related to the number of telephone calls: The number of telephone calls for each service, each phase of distance, each period, each time zone, each City/Do, each country (including the number of telephone calls for each foreign telecommunications business operator), each service area and between service areas, other data for the settlement of accounts related to the provision of facilities and interconnection, etc.;

4-2. Data related to data usage: data usage by technology method, period, and traffic giving load to telecommunications equipment, and other data;

5. Data related to accounting: Data related to accounting, such as a business report, made by classifying into each business and service provided;

6. The total amount of prepaid calling cards issued by month and details of the use of such calling cards received from users (only applicable to business operators not possessing line equipment).

(2) Methods and forms for preparing statistics, methods of presentation and the deadline for reporting under paragraph (1), and other necessary matters shall be determined and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; May 31, 2013; Jul. 26, 2017>

[This Article Wholly Amended on Feb. 28, 2012]

Article 62(Extension of deadlines for payment of penalty surcharges and payment in installments) #

(1) A person who intends to extend a deadline for payment of a penalty surcharge or to pay it in installments pursuant to Article 91 of the Act shall file an application with the Minister of Science and ICT or the Korea Media and Communications Commission, along with documents proving the reasons for the extension of the deadline for payment or payment in installments no later than 10 days prior to the deadline for payment. <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 1, 2025>

(2) "Amount prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 91 (1) of the Act means the amount computed by multiplying sales under Article 47 by 1/100, or 300 million won.

(3) No extension of the deadline for payment of a penalty surcharge under Article 91 of the Act shall exceed one year from the day following the deadline for payment.

(4) Where a person pays a penalty surcharge in installments pursuant to Article 91 of the Act, the interval between deadlines for each installment payment shall not exceed four months, and the number of times of installments shall not exceed three times.

(5) Where a person liable to pay a penalty surcharge, for whom a deadline for payment has been extended or who has been allowed to pay it in installments pursuant to Article 91 of the Act, falls under any of the following subparagraphs, the Minister of Science and ICT or the Korea Media and Communications Commission may cancel his or her or its decision on the extension of the deadline for payment or payment in installments and collect it in a lump sum: <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 1, 2025>

1. When he or she fails to pay a penalty surcharge, for which payment in installments has been decided, by the deadline for payment;

2. When he or she fails to execute the order of the Minister of Science and ICT or the Korea Media and Communications Commission necessary to change security or preserve security;

3. When the Korea Communications Commission deems that it cannot collect all or the remainder of a penalty surcharge, such as compulsory execution, the commencement of auction, the declaration of bankruptcy, the dissolution of a corporation, disposition on default of national taxes or local taxes, etc.

[This Article Wholly Amended on Feb. 28, 2012]

Article 65(Delegation of authority and entrustment of work) #

(1) The Minister of Science and ICT shall delegate the following authority to the President of the Central Radio Management Service pursuant to Article 93 (2) of the Act; provided, for business possessing line equipment, this shall apply only to the authority under subparagraph 8-2, 8-3, 14, 15, 16, 16-2, 16-3, 20 (limited to corrective orders under Article 92 (1) of the Act for any violation prescribed in Article 84-2 of the Act), or 22 (limited to the imposition and collection of administrative fines under Article 104 (2) 5 of the Act and paragraph (5) 15 of that Article): <Amended on Mar. 23, 2013; Apr. 14, 2015; May 31, 2016; Jul. 28, 2016; Jul. 26, 2017; Jun. 25, 2019; Dec. 8, 2020; Dec. 9, 2022; Jan. 9, 2024; Jun. 28, 2024>

1. Registration of the facilities-based telecommunications business and receipt and processing of reports Article 6 (1) of the Act;

1-2. Placing conditions of registration under Article 6 (2) of the Act;

2. Registration of modification of the facilities-based telecommunications business under Article 16 of the Act;

3. Receipt and processing of a report prescribed in the proviso, with the exception of the subparagraphs, of Article 18 (1) of the Act;

4. Receipt and processing of a report on suspension or closure of the facilities-based telecommunications business prescribed in the proviso of Article 19 (1) of the Act;

5. Cancellation of registration of the facilities-based telecommunications business and order to suspend such business under Article 20 (1) of the Act;

6. Receipt and processing of a report on the value-added telecommunications business prescribed in Article 22 (1) of the Act;

7. Registration of the special value-added telecommunications business under Article 22 (2) of the Act, and the imposition of the conditions of such registration under Article 22 (3) of the Act;

7-2. Receipt and processing of a report on modification of the value-added telecommunications business, and registration of modification of the special value-added telecommunications business under Article 23 of the Act;

7-3. Receipt and processing of a report on transfer or acquisition of the value-added telecommunications business, and a report on a merger or inheritance of a corporation prescribed in Article 24 of the Act;

7-4. Receipt and processing of a report on the suspension or closure of the value-added telecommunications business, and a report on the dissolution of a corporation prescribed in Article 26 of the Act;

8. Issuance of an order to close value-added telecommunications business or an order to cancel the registration of special value-added telecommunication business or to suspend business prescribed in Article 27 (1) of the Act;

8-2. Matters concerning the issuance of an order to suspend provision of telecommunication services prescribed in Article 32-3 (1) of the Act;

8-3. Field investigations on the actual status of the provision and use of equipment, etc. prescribed in Article 35 (5) of the Act;

8-4. Receipt and handling of reports on installation of private telecommunications equipment and reports on changes under the proviso of Article 64 (1) of the Act;

8-5. Confirmation of the completion of works for installing and changing private telecommunications equipment under Article 64 (3) 2 of the Act;

9. Issuance of an order to suspend the use of private telecommunications equipment prescribed in the former part of Article 65 (4) of the Act and notification of the fact, under the latter part of the same paragraph, to a Mayor/Do Governor that an order to suspend the use thereof has been issued;

10. Inspection of private telecommunications equipment under article 65 (5) of the Act;

11. Issuance of a corrective order under Article 67 (1) of the Act;

12. Issuance of an order to suspend the use of private telecommunications equipment under Article 67 (2) of the Act;

13. Issuance of an order to suspend the use of private telecommunications equipment or to reform or repair them or to take other necessary measures under Article 67 (3) of the Act;

14. Permission for felling and transplantation of plants prescribed in the forepart of Article 75 (3) of the Act;

15. Inspection on a person who has installed telecommunications equipment prescribed in Article 82 (1) of the Act and requesting him or her to make a report;

16. Issuance of an order to remove telecommunications equipment or to take other necessary measures prescribed in Article 82 (2) of the Act;

16-2. Ascertainment of the implementation of the measures under Article 84-2 (3) of the Act;

16-3. Requests for perusal or submission of data and inspections under Article 84-2 (4) of the Act;

17. Receipt and processing of a report on an agreement on the adjustment of international telecommunications service rates concluded by a facilities-based telecommunications business operator prescribed in Article 86 (3) of the Act;

18. Hearings for the cancellation of registration of the facilities-based telecommunications business and the closure of value-added telecommunications business prescribed in subparagraphs 1 and 2 of Article 89 of the Act;

19. Imposition and collection of a penalty surcharge prescribed in Article 90 (1) of the Act (excluding any penalty surcharge imposed in lieu of the suspension of part of business imposed under Article 52 (5) of the Act) and the extension of a deadline for payment and permission for payment in installments under Article 91 of the Act;

19-2. Imposition and collection of a penalty surcharge prescribed in Article 90 (2) of the Act (limited to a penalty surcharge imposed in lieu of an order to suspend the use, issued pursuant to Article 65 (4) of the Act to a person who has installed any private telecommunication equipment);

20. Issuance of a corrective order prescribed in Article 92 (1) of the Act;

21. Issuance of an order to suspend the act of providing telecommunications services and to take measures for removal of telecommunications equipment prescribed in Article 92 (3) of the Act;

22. Imposition and collection of administrative fines prescribed in Article 104 of the Act.

(2) The investigation agencies, etc. shall entrust the following business affairs to the Minister of Science and ICT pursuant to Article 93 (3) of the Act; provided, the business affairs specified in subparagraph 1 shall be applicable only to investigation agencies, etc. except prosecutors: <Added on Jun. 28, 2024>

1. Management and supervision, requests for submission of data, investigation of actual conditions, and requests for correction (limited to cases where the number of notification of the fact that communication user information has been provided in the previous year does not exceed 50,000 cases), with regard to notification by the Agency pursuant to Article 83-4 (1) 1 and 4 and (2) 1 of the Act;

2. Management and supervision, requests for submission of data, investigation of actual status, and requests for correction, with regard to institutional and technical security measures, etc. taken by the Agency pursuant to Article 83-4 (1) 2 and 3 and (2) 2 of the Act.

[This Article Wholly Amended on Feb. 28, 2012]

[Title Amended on Jun. 28, 2024]

Article 65-2(Processing of personally identifiable information) #

(1) Where it is crucial to conduct the following affairs, the Minister of Science and ICT (including a person to whom the authority of the Minister of Science and ICT has been delegated pursuant to Article 65) or the Korea Media and Communications Commission may process data including a resident registration number or foreigner registration number prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Mar. 23, 2013; Jan. 7, 2014; Aug. 6, 2014; Jul. 28, 2016; Jul. 26, 2017; Jun. 25, 2019; Dec. 8, 2020; Oct. 1, 2025>

1. Affairs concerning registration of, and reporting on, the facilities-based telecommunications business prescribed in Article 6 of the Act;

2. Affairs concerning verification of grounds for disqualification as executive officers prescribed in Article 9 of the Act;

3. Affairs concerning registration of modification of the facilities-based telecommunications business prescribed in Article 16 of the Act;

4. Affairs concerning authorization for or reports on the acquisition of facilities-based telecommunications business by transfer and merger of a corporation, etc. prescribed in Article 18 of the Act;

5. Affairs concerning approval for, and reporting on, the suspension or closure of the facilities-based telecommunications business prescribed in Article 19 of the Act;

6. Deleted; <Jun. 25, 2019>

7. Affairs concerning a report and registration of value-added telecommunications business prescribed in Article 22 of the Act;

8. Affairs concerning a report on modification and registration of modification of value-added telecommunications business prescribed in Article 23 of the Act;

9. Affairs concerning a report on the transfer or acquisition of the value-added telecommunications business prescribed in Article 24 of the Act;

10. Affairs concerning a report on the suspension or closure of the value-added telecommunications business and a report on the dissolution of a corporation prescribed in Article 26 of the Act;

11. Deleted; <Apr. 14, 2015>

12. Affairs concerning fact-finding investigations, etc. conducted under Article 51 of the Act;

12-2. Affairs concerning the imposition and collection of charges for compelling compliance under Article 52-2 of the Act;

13. Affairs concerning imposition and collection of penalty surcharges prescribed in Article 53 of the Act;

14. Deleted; <Apr. 14, 2015>

15. Deleted; <Apr. 14, 2015>

16. Affairs concerning the extension of a deadline for payment of penalty surcharges and payment in installments prescribed in Article 91 of the Act.

(2) A telecommunications business operator who provides facilities-based telecommunication services or the Korea Association for ICT Promotion may manage the data which contains resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is crucial to perform the following affairs: <Added on Aug. 6, 2014; Apr. 14, 2015; Jul. 28, 2016>

1. Affairs concerning reduction of or exemption from charges prescribed in Article 4 of the Act or Article 2 (2) 3 of this Decree;

2. Affairs concerning reduction of or exemption from fees prescribed in Article 29 of the Act;

3. Affairs concerning prevention of concluding a contract for use of telecommunications services without verifying the user's intention for subscription or providing telecommunications services in a manner inconsistent with the terms and conditions of use (limited to the terms and conditions of the return of fees) among prohibited acts prescribed in Article 50 (1) 5 of the Act;

4. Affairs concerning the prevention of prohibited acts prescribed in Article 50 (1) 5-2 of the Act.

(3) Where it is crucial to conduct affairs concerning registration of pre-selection or modification thereto, etc. prescribed in Article 57 of the Act, the head of a pre-selection registration center designated pursuant to Article 57 (3) of the Act may process data including a resident registration number or a foreigner registration number prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Added on Jan. 7, 2014; Aug. 6, 2014>

(4) Where it is crucial to conduct affairs concerning registration of number portability and modification thereto, etc. prescribed in Article 58 of the Act, the head of a number portability management institution designated pursuant to Article 58 (4) of the Act may process data including a resident registration number or a foreigner registration number prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Added on Jan. 7, 2014; Aug. 6, 2014>

(5) The investigation agencies, etc. (including the Agency that conducts the agreed tasks pursuant to Article 83-3 (1) of the Act) may process data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is essential for providing notification of the fact that communication user information has been provided pursuant to Article 83-2 of the Act. <Added on Jun. 28, 2024>

[This Article Added on Jan. 6, 2012]

ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BUSINESS ACT

Article 1(Purpose) #

Article 2(Details of universal service) #

Article 3(Designation of telecommunications business operators providing universal service) #

Article 4(Compensation for losses incurred in providing universal service) #

Article 5(Objects of computation of compensation for losses incurred in providing universal service) #

Article 6(Methods for computation of compensation of losses incurred in providing universal service) #

Article 6-2(Establishment and operation of universal service information system) #

Article 7(Application for registration of facilities-based telecommunications business) #

Article 8(Registration requirements for facilities-based telecommunications business) #

Article 9(Reporting on facilities-based telecommunications business) #

Article 10(Issuance of certificate of registration) #

Article 11(Grounds for disqualification from filing for registration) #

Article 11-2(Request for Assessment of Compliance by Facilities-Based Telecommunications Business) #

Article 12(Limitations on shareholdings by foreign governments or foreigners) #

Article 13(Criteria for public interest test) #

Article 14 #

Article 15(Procedures for public interest test) #

Article 16(Organization of Public Interest Test Committee) #

Article 16-2(Dismissal of members of Public Interest Test Committee) #

Article 17(Operation of Public Interest Test Committee) #

Article 18(Imposition and payment of charges for compelling compliance) #

Article 19(Registration of modification) #

Article 20(Application for authorization for acquisition and merger) #

Article 21(Standards for major telecommunications line equipment) #

Article 22(Reporting on acquisition and merger) #

Article 23 #

Article 24(Application for approval for business suspension) #

Article 24-2(Reporting on suspension of business) #

Article 25(Criteria and procedures for canceling registration) #

Article 26 #

Article 27 #

Article 28 #

Article 29(Procedures for reporting value-added telecommunications business) #

Article 30(Exemption from reporting value-added telecommunications business operators) #

Article 30-2(Disqualifications for registration) #

Article 30-3(Technical measures to prevent dissemination of unlawful information with obscene contents) #

Article 30-4(Reports on and disclosure of value-added telecommunications services) #

Article 30-5(Reports on illegal filmed materials or requests for deletion thereof) #

Article 30-6(Technical and managerial measures to prevent circulation of illegal filmed materials) #

Article 30-7(Criteria for calculation of penalty surcharges) #

Article 30-8(Measures to secure service stability of value-added telecommunications business operators) #

Article 30-9(App market business operators' protection of users) #

Article 30-10(Subject matters and details of fact-finding surveys on app market operations) #

Article 31(Registration of, or reporting on, modification of value-added telecommunications business) #

Article 32(Reporting on transfer of value-added telecommunications business) #

Article 33(Reporting on suspension or closure of value-added telecommunications business) #

Article 34(Reporting on, or authorization for, terms and conditions of use) #

Article 35(Reporting on terms and conditions of use) #

Article 36(Objects of reduction of or exemption from rates) #

Article 37(Provision of transmission and line facilities) #

Article 37-2(Persons subject to evaluation of affairs related to protection of users) #

Article 37-3(Persons required to submit copies of contracts and procedures for submission) #

Article 37-4(Prepaid calling services and subscription to guarantee insurance policies) #

Article 37-5(Details of notification of procedures for raising objections and methods thereof) #

Article 37-6(Procedures for raising objections to suspension of provision of telecommunications services) #

Article 37-7(Verification of principal when entering into contracts) #

Article 37-8(Outsourcing of affairs related to establishment of illegal contracting prevention system) #

Article 37-9(Telecommunications business operators required to provide services for prevention of illegal use of third person's name) #

Article 37-10(Methods of and procedures for block of media products harmful to youths) #

Article 37-11(Public notice of provision of economic benefits) #

Article 37-12(Standards for facilities-based telecommunications business operators required to take technical and managerial measures) #

Article 37-13(Notice of suspension of provision of telecommunications services) #

Article 38(Criteria, procedures, and methods for evaluation of competition) #

Article 38-2(Subject matters and details of fact-finding surveys of value-added telecommunications business) #

Article 39(Standards for facilities-based telecommunications business operators) #

Article 39-2(Procedures for installation of equipment) #

Article 39-3 #

Article 39-4(Composition and operation of council for maintenance of aerial cables) #

Article 39-5(Functions of Maintenance Council) #

Article 39-6(Sharing expenses for maintenance of aerial cables) #

Article 39-7(Standards for mandatory wholesale services) #

Article 39-8(Return of report on agreement on provision of mandatory wholesale services) #

Article 40(Reporting on agreements on interconnection) #

Article 40-2(Provision of information on standards for telecommunications services) #

Article 40-3(Application for adjudication) #

Article 40-4(Award) #

Article 40-5(Composition and operation of Communications Dispute Mediation Committee) #

Article 40-6(Establishment and operation of subcommittee) #

Article 40-7(Allowances and travel expenses) #