Article 123(Delegation and entrustment of authority) #
(1) Pursuant to Article 78 (1) of the Act, the Minister of Science and ICT shall delegate the authority over the following to the Director General of the National Radio Research Agency: <Amended on Aug. 19, 2011; Nov. 23, 2012; Mar. 23, 2013; Dec. 3, 2014; Sep. 22, 2015; Jun. 21, 2016; Jul. 26, 2017; Dec. 12, 2017; Dec. 1, 2017; Dec. 1, 2020; Mar. 29, 2024; Jul. 23, 2024>
1. International registration of radio frequencies prescribed in Article 5 of the Act;
1-2. Analysis of radio waves interference for examining whether to grant approval to use radio frequencies, assessing the appropriateness of a radio frequency use plan for public purposes, and examining whether to designate of radio frequencies under Articles 18-2 (3), 18-6 (3), 21 (2) 1 and 34 (2) 1 of the Act;
1-3. Matters regarding the notice of the procedures, etc. for renewal of authorization under Article 37 (3);
1-4. Evaluation of the appropriateness of radio frequency under Article 53-2 (2) 2 necessary for authorization for manufacture, import, or sale of radio wave blocking devices used for activities, measures, etc. falling under any of the provisions of Article 29 (3) 3 through 6 of the Act;
1-5. Matters regarding the request, etc. for the submission of plans for satellite operation prescribed in Article 44-2 of the Act;
1-6. Dissemination of information regarding the effects of electromagnetic waves on the human body, and the education and promotion of the safe use of broadcasting and communications equipment, etc. prescribed in Article 44-4 (2) of the Act;
1-7. Public notice of the technical standards for matters falling under the following items among the technical standards under Article 45 of the Act:
(a) Radio facilities for maritime service;
(b) Radio facilities for aeronautical service;
(c) Radio facilities for telecommunications business;
(d) Radio facilities of a simplex radio station, space station or earth station, radio facilities for radio waves detection, and other radio facilities for business (excluding radio facilities of a radio station the establishment of which is permitted without reporting it);
(e) Radio waves application facilities;
(f) Methods of measuring and calculating the antenna power of radio facilities and the high frequency power of radio waves application facilities;
1-8. Safety requirements for radio facilities under Article 47 of the Act;
2. Public notice of the technical requirements for measuring the electromagnetic field strength and specific absorption rate under Article 47-2 (1) 3 and 4 of the Act;
2-2. Public notice of equipment subject to the measurement of electromagnetic field strength and a measurement method under Article 47-2 (1) 5 of the Act;
3. Public notice of detailed requirements referred to in Article 67-2 (2) among matters regarding requirements for electromagnetic compatibility provided for in Article 47- 3 (1) of the Act;
4. Measurements and inspections as to compliance with the technical requirements for electromagnetic compatibility under Article 47-3 (3) and (5) of the Act, and recommendations on taking measures of electromagnetic reduction and shielding;
5. Deleted; <Mar. 29, 2024>
6. Matters regarding measures necessary for protecting the spectrum environment under Article 55 (1) of the Act (excluding matters regarding the inspection of the spectrum environment);
7. Public notice of measurements, etc. of the spectrum environment under Article 55 (2) of the Act;
7-2. Matters regarding the safety evaluation of high-power or leaking electromagnetic waves under Article 56 (1) and (2) of the Act;
7-3. Public notice of standards, methods, etc. for the safety evaluation of high-power or leaking electromagnetic waves under Article 56 (3) of the Act;
8. Matters regarding certification of conformity, registration of conformity, reporting on modification regarding conformity assessment, interim certification, etc. under Article 58-2 (2), (3), (6), (9), and (12) of the Act;
9. Matters regarding exemptions from conformity assessment under Article 58-3 of the Act;
10. Matters regarding the revocation of conformity assessment and orders to take measures for improvement, correction, etc. thereof under Article 58-4 (1) and (2) of the Act;
11. Designation of testing bodies, revision of terms and conditions of such designation, repeal of designated testing affairs, approval for acquisition and merger, and examination by specialized examination institutions under Article 58-5 of the Act;
12. Matters regarding requests for submission of relevant data to designated testing bodies and the inspection thereof under Article 58-6 of the Act;
13. Matters regarding corrective orders issued to designated testing bodies, orders to suspend services, and revocation of designation under Article 58-7 (1) through (3) of the Act;
13-2. Public notice on the designation, management, etc. of testing bodies and certification bodies under mutual recognition agreements under Article 58-8 (5) of the Act;
14. Matters regarding establishment of the international conformity assessment system under Article 58-9 of the Act;
15. Matters regarding the receipt of nonconformity reports and the disclosure of information on nonconforming equipment under Article 58-11 (1) and (2) of the Act;
16. Matters regarding research on radio waves under Article 61 (1) of the Act;
17. Matters regarding investigation, testing, measures, etc. under Article 71-2 of the Act in any of the following cases:
(a) Where Article 71-2 (1) 2 of the Act is applicable;
(b) Where Article 71-2 (1) 3 of the Act is applicable (only to cases where a person is deemed to have violated any of the Article 58-2 (5) through (9) of the Act);
17-2. Imposition and collection of penalty surcharges under Article 73 (2) of the Act;
18. Hearings under subparagraphs 6 and 7 of Article 77 of the Act;
19. Imposition and collection of administrative fines under subparagraphs 5-3 through 5-5, 5-6 (applicable only to matters regarding Article 58-6 (1) of the Act), 5-7 of Article 90 of the Act and subparagraphs 4 through 7 of Article 92 of the Act;
20. Public notice on equipment subject to self-conformity declaration under Article 77-3 (2);
21. Public notice on detailed matters required for written management and disclosure of facts in self-conformity declarations under Article 77-3 (4);
22. Public notice on documents subject to retention requirement under Article 77-3 (5);
23. Public notice on reporting of modification regarding conformity assessment and on modification, etc. of self-conformity declaration under Article 77-4 (3);
24. Public notice on standards, methods, etc. for the conformity assessment mark and the self-conformity declaration mark under Article 77-5 (3);
25. Public notice on reporting procedures and reduction in the level of administrative disposition or exemption from administrative disposition under Article 77-14 (3);
(2) Pursuant to Article 78 (1) of the Act, the Minister of Science and ICT shall delegate the authority over the following to the head of the Central Radio Management Service: <Amended on Mar. 23, 2013; Dec. 3, 2014; Jun. 21, 2016; Jul. 26, 2017; Sep. 28, 2018; Dec. 1, 2020; Mar. 29, 2024; Jul. 23, 2024>
1. Matters regarding the investigation and confirmation of the status of use of radio frequencies under Article 6 (2) of the Act;
2. Matters regarding authorization for establishment of radio stations, authorization for change, reporting on establishment, reporting on change, renewal of authorization under Articles 19, 19-2, 21, 22, and 22-2 of the Act; provided, the foregoing shall not apply to authorization for establishment of a broadcasting station with a studio and antenna power exceeding one watt, renewal of such authorization, and authorization for change under Article 31 (4) 1 through 6 of this Decree;
3. Authorization to succeed to the status of an authorized person (excluding the status of a broadcasting station with a studio and antenna power exceeding one watt) and receipt of reports under Article 23 of the Act;
4. Matters regarding the inspection of radio stations under Article 24 of the Act (excluding the inspection of radio stations under paragraph (4) 2 of that Article);
5. Matters regarding reporting on the closure, suspension of operation, and resumption of operation of a radio station under Article 25-2 of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
6. Matters regarding observance of communications methods, etc. under Article 27 of the Act;
7. Matters regarding distress communications, etc. under Article 28 of the Act;
7-2. A report on the introduction or discard of radio wave blocking devices used for activities, measures, etc. falling under any of the provisions of Article 29 (3) 3 through 6 of the Act;
7-3. Authorization for manufacture, import, and sale of radio wave blocking devices used for activities, measures, etc. prescribed in any of the provisions of Article 29 (3) 3 through 6 of the Act (excluding the evaluation of appropriateness of radio wave frequencies necessary for authorization for manufacture, import, and sale under paragraph (1) 1-4);
8. Matters regarding observance of communications security under Article 30 of the Act;
9. Examination of terrestrial broadcasting auxiliary stations, as part of the examination under Article 34 (3) of the Act;
10. Receipt of reports on the results of measuring the electromagnetic field strength under Article 47-2 (3) of the Act;
11. Measurement and inspection of the electromagnetic field strength of radio stations under Article 47-2 (5) of the Act;
12. Orders to install safety facilities, etc. under Article 47-2 (6) of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
13. Approval for the lease, entrusted operation, and joint use of radio facilities of a radio station under Article 48 (1) of the Act;
14. Matters regarding orders for joint use of radio facilities and orders for environmentally friendly installation thereof under Article 48-2 of the Act;
15. Matters regarding spectrum monitoring and monitoring of international spectrum under Articles 49 and 50 of the Act;
16. Approval for construction of buildings and structures under Article 52 of the Act and public announcement of places where the radio direction finder is installed;
17. Investigations, confirmations, and notification under Article 54 of the Act;
18. Matters (applicable only to the inspection of the spectrum environment) regarding the protection of the spectrum environment, such as measurement of the spectrum environment, under Article 55 of the Act;
19. Authorization for industrial, scientific and medical equipment, revocation of such authorization, authorization for change, inspections, receipt of reports on the closure, suspension of operation, and resumption of operation, and the issuance, correction, and re-issuance of certificates of authorization under Article 58 of the Act;
19-2. Matters regarding measures, such as suspension of import or selling of broadcasting and communications equipment, etc. following the change of spectrum allocation under Article 58-12 (3) of the Act;
20. Imposition and collection of spectrum use fees under Article 67 of the Act;
21. Matters regarding investigations, tests, measures, etc. under Article 71-2 of the Act (excluding matters delegated to the Director General of the National Radio Research Institute pursuant to paragraph (1) 17);
22. Matters regarding the revocation of authorization to establish a radio station (excluding a broadcasting station with a studio and antenna power exceeding one watt); closure of a radio station, the establishment of which is reported; an order to suspend operation, and an order to restrict operation under Article 72 of the Act;
23. Matters regarding the imposition and collection of penalty surcharges under Article 73 (1) of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
24. Matters regarding the revocation of technical qualifications of operators, and orders to suspend services under Article 76 of the Act;
25. Hearings held under subparagraphs 8 and 9 of Article 77 of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt);
26. Guidance and supervision of the Agency to which the Minister of Science and ICT partially entrusts his or her duties pursuant to Article 78 (2) of the Act;
27. Imposition and collection of administrative fines under Articles 89-2 and 89-3 of the Act, subparagraphs 1, 1-2, 2, 2-2, 3 through 5, 5-2, 5-6 (excluding matters regarding Article 58-6 (1) of the Act), 5-8 through 5-10, 6, 91 of Article 90 of the Act, and subparagraphs 1 through 3 of Article 92 of the Act (excluding a broadcasting station with a studio and antenna power exceeding one watt):
28. Correction and re-issuance of certificates of authorization for radio stations and certificates of report on radio stations referred to in Articles 33 (2) and (3) and 39-3 (2).
(3) Pursuant to Article 78 (2) of the Act, the Minister of Science and ICT shall entrust the following duties to the Agency: <Amended on Mar. 23, 2013; Jul. 26, 2017>
1. Maintenance and management of the Spectrum License Register under Article 18 of the Act;
2. Matters regarding compensation for losses under Articles 7 and 7-2 of the Act, and methods of filing objections to such compensation for losses (excluding imposition under Article 7 (2) of the Act);
3. Inspections, such as inspections upon completion of construction, of radio stations determined and publicly notified by the Minister of Science and ICT under Article 24 of the Act;
4. Receipt of requests to measure the electromagnetic field strength under Article 47-2 (4) of the Act and measurement thereof;
5. Inspections, such as inspections upon completion of construction, of industrial, scientific and medical equipment, etc. under Article 58 (3) of the Act;
6. Implementation of technical qualification examinations for operators under Article 70 (1) of the Act (excluding matters entrusted to the Agency pursuant to the National Technical Qualifications Act);
7. Matters regarding the issuance of technical qualification certificates to operators under Article 70 (2) of the Act (excluding matters entrusted to the Agency pursuant to the National Technical Qualifications Act).
(4) Pursuant to Article 78 (2) of the Act, the Minister of Science and ICT may entrust the following duties to the Association: <Added on Jun. 21, 2016; Jul. 26, 2017>
1. Duties related to supporting projects designed to nurture workforce specializing in radio wave and broadcasting technologies prescribed in subparagraph 2 of Article 64 of the Act;
2. Duties related to developing, propagating and supporting educational programs on radio waves prescribed in subparagraph 3 of Article 64 of the Act;
3. Duties related to nurturing workforce specializing in radio waves prescribed in subparagraph 4 of Article 64 of the Act;
4. Duties related to supporting international cooperation projects referred to in Article 65 of the Act.
(5) Where the Director General of the National Radio Research Agency, the head of the Central Radio Management Service, and the Agency performs the duties delegated or entrusted pursuant to paragraphs (1), (2), and (3), they may collect fees under Article 69 of the Act with approval from the Minister of Science and ICT. <Amended on Aug. 19, 2011; Mar. 23, 2013; Jul. 26, 2017>
(6) The Korea Communications Commission shall delegate the following authority over terrestrial broadcasting auxiliary stations to the head of a broadcasting and communications office pursuant to Article 78 (3) of the Act: <Added on Dec. 9, 2021>
1. Matters regarding authorization to establish broadcasting stations, renewal of authorization, and authorization for revision under Article 34 of the Act;
2. Matters regarding the revocation of authorization to establish a radio station and issuance of orders to change a radio station or orders to restrict or suspend the operation thereof under Article 72 of the Act;
3. Matters regarding hearings under subparagraph 8 of Article 77 of the Act;
4. Matters regarding the imposition and collection of administrative fines under subparagraphs 2 and 3 of Article 92 of the Act.
[This Article Wholly Amended on Dec. 31, 2010]