ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION

영문법령 불러오는 중…

ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION — 법갈피

Article 5(Registration of location information business handling personal location information) #

(1) Any person that intends to engage in location information business handling personal location information shall file a registration with the Korea Media and Communications Commission, while meeting the following requirements with respect to their trade name, location of the principal office, type and description of the relevant location information business, and major business facilities, including location information systems: <Amended on Oct. 1, 2025>

1. They shall be a corporation;

2. They shall be equipped with physical facilities necessary for attaining their business purposes;

3. They shall take technical and administrative measures for protecting personal location information and protecting the rights of the subjects of personal location information and persons falling under any subparagraph of Article 26 (1);

4. They shall not fall under any of the following:

(a) Where an executive officer of the corporation that has filed a registration falls under any subparagraph of Article 6 (1);

(b) Where 3 years have not passed since a corporation that has filed a registration was subjected to a disposition on revocation of registration under Article 13 (1).

(2) If a person that has registered their location information business under paragraph (1) (hereinafter referred to as "personal location information provider") intends to change matters regarding a location information system out of registered matters, they shall file for registration of change with the Korea Media and Communications Commission; and if they intends to change the trade name or the location of the principal office, they shall report the change to the Korea Media and Communications Commission. <Amended on Oct. 1, 2025>

(3) Upon receipt of an application for registration under paragraph (1) or for registration of change under paragraph (2), the Korea Media and Communications Commission shall examine whether the application meets the requirements for registration and shall issue a registration certificate if the details of application are deemed appropriate. <Amended on Oct. 1, 2025>

(4) The Korea Media and Communications Commission may request the submission of data necessary for the examination under paragraph (3). <Amended on Oct. 1, 2025>

(5) Where the Korea Media and Communications Commission receives an application for registration under paragraph (1), it may attach conditions necessary for enhancing accuracy and reliability of location information, ensuring fair competition, or conducting research and development to protect personal location information, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

(6) The methods and procedures for registration, registration of change, report on change, the examination of registration of change under paragraphs (1) through (5) and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Oct. 19, 2021]

Article 5-2(Reporting on location information business not handling personal location information) #

(1) A person that intends to engage in the location information business not handling personal location information, shall report the following matters to the Korea Media and Communications Commission, as prescribed by Presidential Decree: <Amended on Oct. 1, 2025>

1. Company name;

2. Location of the principal office;

3. Type and details of location information business;

4. Main business facilities, including a location information system.

(2) Any person for whom 1 year has not passed since the person was ordered to discontinue business operations under Article 13 (1) (if the person is a corporation, including its representative) shall be prohibited from reporting another location information business under paragraph (1). <Amended on Jun. 9, 2020>

(3) If a person that has reported their location information business under paragraph (1) (hereinafter referred to as "object location information provider") intends to change any of the following matters already reported, the person shall report the change to the Korea Media and Communications Commission, as prescribed by Presidential Decree: <Amended on Jun. 9, 2020; Oct. 19, 2021; Oct. 1, 2025>

1. Company name;

2. Location of the principal office;

3. Location information systems.

(4) Upon receiving a report under paragraph (1) or a report on a change in the matter specified in paragraph (3) 3, the Korea Media and Communications Commission shall review and accept the report if it meets the requirements of this Act. <Amended on Oct. 1, 2025>

(5) If a personal location information provider has submitted documents necessary for reporting his or her location information business not handling personal location information, as at the time of filing an application for registration under Article 5 (1), such provider shall be deemed to have filed a report under paragraph (1). <Amended on Oct. 19, 2021; Oct. 1, 2025>

[This Article Added on Apr. 17, 2018]

Article 6(Grounds for disqualification of executive officers or employees) #

(1) None of the following persons shall be qualified to be an executive officer of either a personal location information provider or an object location information provider (hereinafter referred to as "location information provider"); and none of the following employees shall be designated as a person with authorized access under Article 16 (1) (hereafter in this Article referred to as a person with authorized access): <Amended on Oct. 15, 2014; Feb. 3, 2015; Dec. 1, 2015; Apr. 17, 2018; Jun. 9, 2020; Dec. 8, 2020; Oct. 19, 2021>

1. A minor, or a person under adult guardianship;

2. A person declared bankrupt but not been reinstated;

3. A person for whom 3 years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court for violating this Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Framework Act on Telecommunications, the Telecommunications Business Act, or the Radio Waves Act, was completely executed (including where it is deemed to completely executed) or was remitted;

4. A person subject to suspended execution of his or her imprisonment without labor or heavier punishment, declared by a court for violating this Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Framework Act on Telecommunications, the Telecommunications Business Act, or the Radio Waves Act;

5. A person for whom 3 years have not elapsed since he or she was sentenced to punishment by a fine for violating this Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Framework Act on Telecommunications, the Telecommunications Business Act, or the Radio Waves Act;

6. A person for whom 3 years have not elapsed since they received a disposition to revoke registration or an order to discontinue business operations under Article 13 (1); and in the case of a corporation, a person engaged in conduct giving rise to so revoking registration or an order to discontinue business operations, as well as its representative.

(2) Where an executive officer falls or is found falling under any subparagraph of paragraph (1) as at the time he or she is appointed, he or she shall resign from office ipso facto; and where a person with authorized access falls or is found falling under any subparagraph of paragraph (1) as at the time he or she is designated, such designation shall be null and void. <Amended on Dec. 1, 2015; Jun. 9, 2020>

(3) Any conduct in which a resigned executive officer is involved before his or her resignation, or in which an employee whose designation as a person with authorized access is null and void is involved before the nullification under paragraph (2), shall remain in effect. <Amended on Dec. 1, 2015; Jun. 9, 2020>

[Title Amended on Dec. 1, 2015]

Article 7(Acquisition of location information business or merger of corporations) #

(1) A person that intends to acquire all or part of the business of a personal location information provider, or to merge or split off an incorporated location information provider (including split-off and merger; hereinafter the same shall apply) shall obtain authorization from the Korea Media and Communications Commission, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Apr. 17, 2018; Oct. 1, 2025>

(2) The Korea Media and Communications Commission shall comprehensively examine the following matters before granting authorization under paragraph (1): <Added on Feb. 3, 2015; Oct. 1, 2025>

1. Adequacy of financial and technical capacities and capability to manage business;

2. Impact on protecting subjects of personal location information and location-based service providers;

3. Impact on public interests, including the efficiency in using personal location information for emergency rescue and in research and development for protecting personal location information.

(3) Upon receiving an application for authorization under paragraph (1), the Korea Media and Communications Commission shall grant authorization, except in any of the following cases: <Added on Feb. 3, 2015; Apr. 17, 2018; Oct. 19, 2021; Oct. 1, 2025>

1. Where the application fails to pass the examination under paragraph (2);

2. Where the applicant is not a corporation;

3. Where an executive officer of the applicant corporation falls under any subparagraph of Article 6 (1);

4. Where 3 years have not passed since the applicant corporation’s registration was revoked or it was ordered to discontinue business operations under Article 13 (1);

5. Where the application contravenes any restriction under this Act or any other statute.

(4) Where all or part of the business of an object location information provider is transferred or inherited; or where an incorporated object location information provider is merged or split off, the transferee or inheritor of the business or the corporation incorporated by the merger or split-off or the corporation surviving the merger or split-off shall report such acquisition, inheritance, merger or split-off to the Korea Media and Communications Commission, as prescribed by Presidential Decree. <Added on Apr. 17, 2018; Oct. 1, 2025>

(5) Upon receiving a report under paragraph (4), the Korea Media and Communications Commission shall review and accept the report if it meets the requirements of this Act. <Added on Apr. 17, 2018; Oct. 1, 2025>

(6) A transferee authorized under paragraph (1), a transferee or inheritor who filed a report under paragraph (4), a corporation incorporated by a merger or split-off, or a corporation surviving a merger or split-off shall succeed to the status of the transferor, the decedent, or the incorporated location information provider existing prior to the merger or split-off, respectively. <Amended on Feb. 3, 2015; Apr. 17, 2018>

(7) Matters regarding the methods, procedures, etc. for filing an application for authorization under paragraph (1); detailed guidelines for examining each item under paragraph (2); and the methods, procedures, etc. for filing a report under paragraph (4), shall be prescribed by Presidential Decree. <Added on Feb. 3, 2015; Apr. 17, 2018>

Article 8(Temporary or permanent closure of location information business) #

(1) If a location information provider intends to close all or part of their business, they shall determine a plan for notifying the subjects of personal location information of the period of business closure and the fact of business closure (applicable only to personal location information providers); and shall either obtain approval therefor from the Korea Media and Communications Commission or report thereon to the Korea Media and Communications Commission in accordance with the following classifications. In this regard, the period of business closure shall not exceed 1 year: <Amended on Oct. 1, 2025>

1. Personal location information provider: Approval;

2. Object location information provider: Reporting.

(2) If a location information provider intends to close all or part of their business temporarily or permanently, they shall develop a plan to notify the subjects of personal location information of the fact of business closure (only if the location information provider handles personal location information); and shall either obtain approval therefor from the Korea Media and Communications Commission or report thereon to the Korea Media and Communications Commission in accordance with the following classifications: <Amended on Oct. 1, 2025>

1. Personal location information provider: Approval;

2. Object location information provider: Reporting.

(3) A personal location information provider that has obtained approval under paragraph (1) 1 or (2) 1 shall notify the subjects of personal location information of the following matters no later than 30 days before the scheduled date of temporary or permanent business closure:

1. Approval of temporary business closure under paragraph (1) 1: The scope of the location information business to be temporarily closed and the period of temporary closure;

2. Approval of permanent business closure under paragraph (2) 1: The scope of the location information business and the date of permanent closure.

(4) A personal location information provider that temporarily closes all or part of their location information business with approval under paragraph (1) 1, and a location information provider that permanently closes all or part of their location information business under paragraph (2) shall destroy personal location information and data verifying the collection of location information concurrently with the temporary and permanent closure, in accordance with the following classifications:

1. Approval of temporary business closure under paragraph (1) 1: Personal location information (limited to the personal location information of the business to be temporarily closed in the case of partial business closure);

2. Approval of permanent business closure under paragraph (2) 1: Personal location information and data verifying the collection of location information (limited to the personal location information and the data verifying the collection of location information of the business to be permanently closed in the case of partial business closure);

3. Reporting of permanent closure under paragraph (2) 2: Data verifying the collection of location information (limited to the data verifying the collection of location information of the business to be permanently closed in the case of partial business closure).

(5) Upon receipt of an application for approval for notifying the subjects of personal location information of the fact of temporary or permanent closure of the business under paragraph (1) 1 or (2) 1, the Korea Media and Communications Commission shall approve the plan except in cases where it is inadequate. <Amended on Oct. 1, 2025>

(6) The Korea Media and Communications Commission shall, upon receipt of a report under paragraph (1) 2 or (2) 2, review and accept the report if it is in conformity with this Act. <Amended on Oct. 1, 2025>

(7) Except as provided in paragraphs (1) through (6), matters necessary for the temporary or permanent closure of the location information business shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Apr. 17, 2018]

Article 9(Reporting on location-based service business) #

(1) A person that intends to engage in the location-based service business (excluding location-based service business not handling personal location information; hereafter the same shall apply in this Article and Articles 9-2, 10, and 11) shall report, to the Korea Media and Communications Commission, the trade name; the location of the principal office; the type of business; and main business facilities, including location information systems, as prescribed by Presidential Decree. <Amended on Dec. 21, 2007; Feb. 29, 2008; Feb. 3, 2015; Apr. 17, 2018; Oct. 1, 2025>

(2) Any person for whom 1 year has not passed since the person was ordered to discontinue business operations under Article 13 (1) (if the person is a corporation, including its representative) shall be prohibited from reporting another location-based service business under paragraph (1). <Amended on Apr. 17, 2018; Jun. 9, 2020>

(3) If a person that has reported on the location-based service business under paragraph (1) intends to change any of the following, the person shall report the change to the Korea Media and Communications Commission, as prescribed by Presidential Decree: <Amended on Apr. 17, 2018; Jun. 9, 2020; Oct. 19, 2021; Oct. 1, 2025>

1. Company name;

2. Location of the principal office;

3. Location information systems.

(4) Where a location information provider has submitted the documents required for reporting (in cases of micro enterprises, etc. in the main clause of Article 9-2 (1), referring to reporting under the proviso of that paragraph) on the location-based service business under paragraph (1), when filing an application for registration under Article 5 (1), such provider shall be deemed to have completed the reporting on the location-based service business under paragraph (1) (in cases of micro enterprises, etc. in the main clause of Article 9-2 (1), referring to reporting under the proviso of that paragraph). <Amended on Apr. 17, 2018; Oct. 19, 2021>

(5) Upon receiving a report under paragraph (1) or a report on a change in the matter specified in paragraph (3) 3, the Korea Media and Communications Commission shall review and accept the report if it meets the requirements of this Act. <Added on Apr. 17, 2018; Oct. 1, 2025>

Article 9-2(Reporting on location-based service business of micro enterprises) #

(1) Notwithstanding Article 9 (1), if a person that is either a micro enterprise, defined in Article 2 of the Framework Act on Micro Enterprises, or a self-employed creative enterprise, defined in Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises, (hereinafter referred to as "micro enterprise or self-employed creative enterprise") intends to engage in the location-based service business, the person may do so without filing a report under Article 9 (1); provided, if the person intends to continue to engage in the location-based service business even 1 month after the commencement of the business shall report the following matters to the Korea Media and Communications Commission within 1 month from the commencement date of the business, as prescribed by Presidential Decree: <Amended on Feb. 4, 2020; Oct. 1, 2025>

1. Company name;

2. Location of the principal office;

3. Type and details of business.

(2) Any person for whom 1 year has not passed since the person was ordered to discontinue business operations under Article 13 (1) (if the person is a corporation, including its representative) shall be prohibited from reporting another location-based service business under paragraph (1). <Amended on Jun. 9, 2020>

(3) If a person that has filed a report under the proviso of paragraph (1) changes either of the following, the person shall report the change to the Korea Media and Communications Commission within 1 month from the date of change, as prescribed by Presidential Decree: <Amended on Oct. 1, 2025>

1. Company name;

2. Location of the principal office.

(4) If a person that has commenced a location-based service business in accordance with the main clause of paragraph (1) or a person who has filed a report in accordance with the proviso of that paragraph ceases to be a micro enterprise or self-employed creative enterprise, the person shall file a report with the Korea Media and Communications Commission to supplement matters necessary for reporting under Article 9 (1), within 1 month from the date the relevant event occurs, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

[This Article Added on Apr. 17, 2018]

Article 13(Revocation of registration and discontinuation or suspension of business operations) #

(1) In any of the following cases, the Korea Media and Communications Commission may revoke the registration or authorization granted to a location information provider or a location-based service provider (hereinafter referred to as "location information provider, etc."); or may order a location information provider, etc. to discontinue business operations or fully or partially suspend business operations for a period of up to 6 months (hereinafter referred to as "suspension of business operations"); provided, the registration or authorization granted to a location information provider, etc. shall be revoked, or a location information provider, etc. shall be ordered to discontinue business operations, in cases falling under subparagraph 1: <Amended on Feb. 29, 2008; Feb. 3, 2015; Apr. 17, 2018; Jun. 9, 2020; Oct. 19, 2021; Oct. 1, 2025>

1. Where a location information provider, etc. has obtained registration, registration of change, or authorization under Article 5 (1) or (2) or 7 (1) by fraud or other improper means; or has filed a report under Article 5-2 (1) or 9 (1) or the proviso of Article 9-2 (1) by fraud or other improper means;

1-2. Where a location information provider, etc. fails to fulfill any condition attached under Article 5 (5);

2. Where a location information provider, etc. fails to resume business operations, without good cause, after the period of business closure under Article 8 (1) or 11 (1);

3. Where a location information provider, etc. fails to conduct business operations for at least 6consecutive months without obtaining approval or filing a report in accordance with any of the following:

(a) Approval under Article 8 (1) 1 or (2) 1;

(b) Reporting under Article 8 (1) 2 or (2) 2;

4. Where a material change occurs to the facilities related to the collection of location information or the technical and managerial measures related to the protection of location information, thus preventing continued services;

4-2. Where the head of a relevant administrative agency requests the revocation of registration or suspension of business operations under other statutes;

5. Deleted; <Oct. 19, 2021>

6. Deleted; <Oct. 19, 2021>

7. Deleted; <Oct. 19, 2021>

8. Deleted. <Oct. 19, 2021>

(2) Detailed criteria for administrative measures under paragraph (1) shall be prescribed by Presidential Decree, in consideration of types of offenses, the degree of violation, etc. <Amended on Jun. 9, 2020>

[Title Amended on Oct. 19, 2021]

Article 14(Imposing penalty surcharges) #

(1) If a location information provider, etc. commits any of the following acts, the Korea Media and Communications Commission may impose penalty surcharges not exceeding 3/100 of the sales relating to the violation: <Amended on Oct. 1, 2025>

1. Where a location information provider, etc. fails to take managerial and technical measures under Article 16 (1) or fails to record and retain data verifying the collection, use, and provision of location information under Article 16 (2) (hereinafter referred to as "data verifying the collection, use, and provision of location information");

2. Where a location information provider, etc. fails to obtain consent from the subjects of personal location information collects personal location information beyond the scope of consent, in violation of Article 18 (1) or (2);

3. Where a location information provider, etc. fails to obtain consent from the subjects of personal location information or uses or provides personal location information beyond the scope of consent, in violation of Article 19 (1), (2), or (5);

4. Where a location information provider, etc. uses or provides to a third party, personal location information beyond the scope specified in the terms and conditions or notified to the relevant subjects, in violation of Article 21.

(2) Where the suspension of business operations under Article 13 (1) is likely to substantially undermine the interests of the subjects of personal location information, the Korea Media and Communications Commission may impose a penalty surcharge not exceeding 3/100 of the sales of the relevant location information business or location-based service business in lieu of an order for suspension of business operations. <Amended on Oct. 1, 2025>

(3) Where penalty surcharges are imposed in accordance with paragraph (1) or (2), but a location information provider, etc. either refuses to submit basic materials for the calculation of sales or submits false documents, his or her sales may be estimated based on the accounting documents, such as financial statements, and operational status, such as the number of subscribers and usage fees, of similar-sized location information providers, etc.; provided, a penalty surcharge of up to 400 won million may be imposed on a personal location information provider or a location-based service provider having no revenues or revenues difficult to be calculated as prescribed by Presidential Decree.

(4) In imposing penalty surcharges under paragraph (1), the Korea Media and Communications Commission shall consider the following matters: <Amended on Oct. 1, 2025>

1. Details and severity of violations;

2. The duration and frequency of violations;

3. The amount of profits acquired from the violation.

(5) Standards for imposing penalty surcharges under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

(6) If a person liable to pay a penalty surcharge under paragraphs (1) and (2) fails to do so by the payment deadline, the Korea Media and Communications Commission shall collect additional charges equivalent to 6/100 per annum of the unpaid penalty surcharge from the day following the payment deadline. In such cases, the period for the collection of the penalty surcharge shall not exceed 60 months. <Amended on Oct. 1, 2025>

(7) Where a person liable to pay a penalty surcharge under paragraphs (1) and (2) fails to do so by the payment deadline, the Korea Media and Communications Commission shall demand that the payment be made within a specified period; and where the penalty surcharge and additional charges under paragraph (6) are not paid within the specified period, the Korea Media and Communications Commission shall collect such penalty surcharge and additional charges in the same manner as national taxes are collected. <Amended on Oct. 1, 2025>

(8) Article 106 of the Monopoly Regulation and Fair Trade Act shall apply mutatis mutandis to additional payment on refund of penalty surcharges under this Act. In such cases, "Fair Trade Commission" shall be construed as "Korea Media and Communications Commission". <Amended on Oct. 1, 2025>

[This Article Wholly Amended on Oct. 19, 2021]

Article 19(Use or provision of personal location information) #

(1) Where any location-based service provider intends to provide services using personal location information, such provider shall specify, in advance, the following in his or her terms and conditions; and shall obtain consent from the subjects of personal location information: <Amended on Apr. 17, 2018; Jun. 9, 2020; Oct. 19, 2021>

1. Trade name, address, phone number and other contact information of the location-based service provider;

2. Rights held by the subjects of personal location information and their legal representatives (limited to where the consent of a legal representative is required under Article 25 (1)) and methods of exercising such rights;

3. Details of the location-based services to be provided by the location-based service provider;

4. Grounds and period for retaining data verifying the use or provision of location information;

4-2. The purpose and period of retaining personal location information;

5. Other matters prescribed by Presidential Decree as necessary for protecting personal location information.

(2) Where any location-based service provider intends to provide personal location information to a third party designated by a subject of personal location information, such service provider shall specify details referred to in the subparagraphs of paragraph (1) in his or her terms and conditions; shall inform the subject of personal location information, of the designated recipient of the personal location information and the purpose of provision; and shall obtain his or her consent.

(3) Where any location-based service provider provides personal location information to a third party designated by a subject of personal location information under paragraph (2), such service provider shall immediately notify, on each occasion, the subject of personal location information, of the designated recipient of such information; and of the date, time, and purpose of such provision. <Amended on Jun. 9, 2020>

(4) Notwithstanding paragraph (3), a location-based service provider may give notice of the occasions altogether to a subject of personal location information at a maximum interval of 30 days in accordance with the guidelines prescribed by Presidential Decree for frequency, period, etc., if such service provider has obtained consent thereto from the subject, as prescribed by Presidential Decree. <Added on Feb. 3, 2015>

(5) When a subject of personal location information gives consent under paragraph (1), (2), or (4), he or she may defer his or her consent as to the purposes of using and providing personal location information; the scope of the persons eligible to receive the information; some of the location-based services; and the methods of notifying the subject of personal location information. <Amended on Feb. 3, 2015>

Article 26(Use of location information for protecting children under age of 8 or other such persons) #

(1) Where the legal guardian of any of the following persons (hereinafter referred to as "child under the age of 8 or other such person") consents to the collection, use, or provision of the personal location information of the child under the age of 8 or other such person for the protection of the life or physical safety of the child or other such person, it shall be deemed that the child or other such person personally consent thereto: <Amended on Apr. 11, 2007; Oct. 15, 2014; Feb. 3, 2015>

1. A child under the age of 8;

2. A person under adult guardianship;

3. A person with a mental disorder defined in Article 2 (2) 2 of the Act on Welfare of Persons with Disabilities, classified as a person with a severe disability defined in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (limited to those registered as disabled persons under Article 32 of the Act on Welfare of Persons with Disabilities).

(2) The legal guardian of a child under the age of 8 or other such person referred to in paragraph (1), means any of the following persons who provides de facto protection for the child under the age of 8 or other such person: <Amended on Apr. 11, 2007; Mar. 30, 2011; Oct. 15, 2014; Feb. 3, 2015; May 29, 2016; Apr. 17, 2018; Jun. 9, 2020>

1. The legal representative of a child of 8 years old or younger or a guardian under Article 3 of the Act on the Guardianship of Minors in Protective Facilities;

2. The legal representative of a person under adult guardianship;

3. The legal representative of a person prescribed in paragraph (1) 3, the head of a residential facility for persons with disabilities under Article 58 (1) 1 of the Act on Welfare of Persons with Disabilities (limited to any facility established and operated by the State or a local government), the head of a mental health sanatorium defined in Article 22 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (limited to any facility established and operated by the State or a local government), or the head of a mental health rehabilitation facility defined in Article 26 of that Act.

(3) Requirements for giving consent under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020>

(4) Articles 18 through 22 and 24 shall apply mutatis mutandis where legal guardians give their consent under paragraph (2). In such cases, "subject of personal location information" shall be construed as "legal guardian". <Amended on Jun. 9, 2020>

Article 29(Use of personal location information for emergency rescue) #

(1) Where any subject of personal location information, his or her spouse or blood-relative within the second degree, or a guardian of a minor under Article 928 of the Civil Act (hereinafter referred to as "spouse, etc.") requests emergency rescue to protect life of physical safety from imminent danger, an emergency rescue agency referred to in subparagraph 7 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "emergency rescue agency") may determine whether it is an emergency; and may request a location information provider to provide personal location information. In such cases, no spouse, etc. shall request emergency rescue for any purpose other than emergency rescue.

(2) The National Police Agency, City/Do police agencies, and police stations under the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as "police agency") may request a location information provider to provide any of the following personal location information; provided, if a police agency intends to obtain personal location information on a person who has requested rescue to protect another person's life or physical safety (hereinafter referred to as "witness") under subparagraph 1, it shall obtain consent from the witness: <Amended on Dec. 22, 2020>

1. Where rescue has been requested for protecting any person, including the witness or person requiring rescue from imminent danger that threatens life or physical safety (hereinafter referred to as "person to be rescued"), personal location information regarding the witness;

2. Where a person to be rescued has requested rescue from any third person, the personal location information on the person to be rescued;

3. Where a custodian defined in subparagraph 3 of Article 2 of the Act on the Protection and Support of Missing Children (hereinafter referred to as "custodian") has requested emergency rescue of a missing child or other such person defined in subparagraph 2 of Article 2 of that Act (hereinafter referred to as "missing child or other such person") for protecting the latter's life or physical safety, the personal location of the missing child or other such person.

(3) Where any third person has requested rescue from a police agency under paragraph (2) 2, the police agency shall confirm the intention of the person to be rescued.

(4) Requests for emergency rescue under paragraphs (1) and (2) shall be made only by calling special phone numbers prescribed by Presidential Decree and assigned for the sake of maintaining public order and promoting public interest. <Amended on Apr. 17, 2018>

(5) When making a request under paragraphs (1) and (2), an emergency rescue agency and a police agency may request all or some of personal location information collected by location information providers using positioning methods they respectively use. In such cases, any location information provider in receipt of a request under paragraph (1) or (2) may collect personal location information without consent of the relevant subject of personal location information; and shall not refuse to comply with such request by an emergency rescue agency or a police agency on account of the absence of consent from the subject of personal location information. <Amended on Oct. 19, 2021>

(6) Where any emergency rescue agency, location information provider, or police agency requests or provides personal location information under paragraph (1) or (2), it shall immediately notify the relevant subject of personal location information, of such fact; provided, where such immediate notification appears likely to threaten the life or physical safety of the subject of personal location information, the notification shall be made without delay after the relevant grounds have ceased.

(7) In order to warn subjects of personal location information located in disaster areas or potential disaster areas, such as typhoon, heavy rain, fire and chemical, biological, and radiological (CBR) accidents, of the dangers to their lives or bodies, any emergency rescue agency may request a location information provider to issue a warning, as prescribed by Presidential Decree; and no location information provider so requested shall refuse such request to issue a warning on the ground that consent is withheld by the subjects of personal location information in the disaster areas.

(8) No emergency rescue agency or police agency, nor any current or former emergency rescue worker, shall use personal location information provided for emergency rescue, for any purpose other than for emergency rescue.

(9) Where a police agency has requested to provide personal location information under paragraph (2), it shall keep the following matters, as prescribed by Presidential Decree, and where a subject of personal location information requests the police agency to confirm, inspect or copy the collected personal location information, it shall comply with such request without delay: <Amended on Apr. 17, 2018>

1. The requesting person;

2. The date and purpose of the request;

3. Details of information provided by the location information provider;

4. Consent to collecting personal location information (limited to the cases falling under the proviso of paragraph (2)).

(10) Matters necessary for requests for emergency rescue under paragraphs (1) and (2); confirmation of an intention under paragraph (3); and the method of, and procedures for, the issuing of warnings under paragraph (7), shall be prescribed by Presidential Decree.

(11) No emergency rescue agency or police agency shall inform any third party of the personal location information provided under paragraph (1) or (2); provided, the foregoing shall not apply to the following cases: <Added on Feb. 3, 2015>

1. Where the subject of personal location information has consented thereto;

2. Where the personal location information is provided to another emergency rescue agency or another police agency where emergency rescue activities are inevitable.

[This Article Wholly Amended on May 14, 2012]

Article 36(Requesting submission of materials and conducting inspections) #

(1) In any of the following cases, the Korea Media and Communications Commission may request a location information provider, etc. to submit necessary materials, including relevant articles and documents: <Amended on Oct. 1, 2025>

1. Where the Korea Media and Communications Commission becomes aware of a violation or suspected violation of this Act;

2. Where the Korea Media and Communications Commission receives a report or complaint about a violation of this Act;

3. Where it is necessary to protect location information on any other ground prescribed by Presidential Decree.

(2) If a location information provider, etc. fail to submit the materials under paragraph (1) or are found to have violated this Act, the Korea Media and Communications Commission may authorize its public officials to enter the place of business of the location information provider, etc. and inspect the status of business operations, relevant articles and documents, facilities, equipment, etc. In such cases, Article 16 (4) shall apply mutatis mutandis. <Amended on Oct. 1, 2025>

(3) The Korea Media and Communications Commission shall regularly inspect the actual status of matters related to the registration, etc. of location information business handling personal location information under Article 5 at least once a year, as prescribed by Presidential Decree. In such cases, a personal location information provider may be requested to submit necessary materials, such as relevant articles and documents. <Added on Oct. 19, 2021; Oct. 1, 2025>

(4) If the Korea Media and Communications Commission deems it necessary for a regular inspection on the actual status under paragraph (3), it may require that public officials under its jurisdiction enter the place of business, etc. of a personal location information provider to inspect the business situation, related articles, documents, facilities, equipment, etc. In such cases, Article 16 (4) shall apply mutatis mutandis. <Added on Oct. 19, 2021; Oct. 1, 2025>

[This Article Wholly Amended on Feb. 3, 2015]

Article 43(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Feb. 3, 2015; Apr. 17, 2018; Jun. 9, 2020>

1. Deleted. <Oct. 19, 2021>

2. A person that acquires a business or merges or splits off a business, without authorization, in violation of Article 7 (1);

3. A person that closes all or a portion of their business temporally or permanently, without obtaining approval, in violation of Article 8 (1) or (2);

4. A person that refuses to provide personal location information, in violation of Article 20 (1);

5. A person that refuses a request for temporary suspension or fails to take a technical measure, in violation of Article 24 (2).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on May 14, 2012; Feb. 3, 2015; Apr. 17, 2018; Dec. 24, 2018; Jun. 9, 2020; Oct. 19, 2021; Oct. 1, 2025>

1. A person that fails to report the acquisition, inheritance, merger, or split-off of their business or that reports the acquisition, inheritance, merger, or split-off of their business by fraud or other improper means, in violation of Article 7 (4) or 10 (1);

2. A person that fails to report the temporary or permanent closure of all or a portion of their business, in violation of Article 8 (1) or (2) or Article 11 (1) or (2);

3. A person that fails to disclose terms and conditions or grounds for and details of an amendment to the terms and conditions, in violation of Article 12 (1);

3-2. A person that violates an order to amend terms and conditions under Article 12 (2);

4. A person that fails to notify that an object has a built-in device capable of collecting location information, in violation of Article 15 (3);

5. A person that fails to perform a duty to specify terms and conditions, in violation of Article 18 (1) or 19 (1);

6. A person that collects personal location information, in violation of Article 18 (3);

7. A person that fails to give information or notice, in violation of Article 19 (2) through (4);

7-2. A person that fails to formulate or disclose the Privacy Policy for personal location information under Article 21-2;

8. A person that fails to notify transfer, etc. of business, in violation of Article 22;

8-2. A person that fails to take measures necessary to destroy personal location information, in violation of Article 23 (2);

8-3. A person that fails to destroy personal location information and data verifying the collection, use, and provision of location information, in violation of Article 24 (4);

9. A person that refuses a request for inspection, notification, or correction, in violation of Article 24 (3);

10. A person that collects, uses, or provides personal location information without obtaining the consent of a legal representative, or without confirming whether the legal representative gives the consent, in violation of Article 25 (1);

11. A person that requests emergency rescue under Article 29 (1) or (2), by fraud;

12. A person that fails to notify providing personal location information, in violation of Article 29 (6);

13. A person that fails to submit relevant articles, documents, etc. under Article 36 (1) and the latter part of Article 36 (3); or that submits any false article or document (including persons to whom those provisions shall apply mutatis mutandis under Article 38-3);

14. A person that, without good cause, refuses, obstructs, or evades an inspection under Articles 36 (2) and 36 (4) (including persons to whom those provisions shall apply mutatis mutandis under Article 38-3);

15. A person that fails to comply with an order to take corrective measures or an order to make publication issued by the Korea Media and Communications Commission under Article 36-2 (1).

(3) Any of the following persons shall be subject to an administrative fine not exceeding 5million won: <Amended on Feb. 3, 2012; Apr. 17, 2014; Oct. 19, 2021>

1. A person that changes the trade name or the location of principal office, without reporting the change; or who reports the change of the trade name or the location of principal office by fraud or other improper means, in violation of Article 5 (2), 5-2 (3), 9 (3) 1 or 2, or 9-2 (3);

2. A person that fails to submit statistical data, in violation of Article 32.

(4) Administrative fines under paragraphs (1), (2) (excluding subparagraph 11), and (3) shall be imposed and collected by the Korea Media and Communications Commission, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Feb. 3, 2015; Jun. 9, 2020; Oct. 1, 2025>

(5) Deleted. <Feb. 3, 2015>

(6) Deleted. <Feb. 3, 2015>

(7) Deleted. <Feb. 3, 2015>

(8) Administrative fines under paragraph (2) 11 shall be imposed and collected by the heads of emergency rescue agencies or the heads of police agencies, as prescribed by Presidential Decree. <Amended on May 14, 2012>

(9) Deleted. <Feb. 3, 2015>

ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Seeking measures to protect and use location information) #

Article 4(Relationship to other statutes) #

Article 5(Registration of location information business handling personal location information) #

Article 5-2(Reporting on location information business not handling personal location information) #

Article 6(Grounds for disqualification of executive officers or employees) #

Article 7(Acquisition of location information business or merger of corporations) #

Article 8(Temporary or permanent closure of location information business) #

Article 9(Reporting on location-based service business) #

Article 9-2(Reporting on location-based service business of micro enterprises) #

Article 10(Acquisition of location-based service business or merger of corporations) #

Article 11(Suspension or discontinuation of operations of location-based service business) #

Article 12(Disclosure of terms and conditions of user agreement) #

Article 13(Revocation of registration and discontinuation or suspension of business operations) #

Article 14(Imposing penalty surcharges) #

Article 15(Prohibition on collection of location information) #

Article 16(Measures for protecting location information) #

Article 17(Prohibition on divulging location information) #

Article 17-2(Notification of processing of location information to subjects of personal location information) #

Article 18(Collection of personal location information) #

Article 19(Use or provision of personal location information) #

Article 20(Provision of personal location information by location information providers) #

Article 21(Restriction on use and provision of personal location information) #

Article 21-2(Disclosure of privacy policy) #

Article 22(Notification of transfer of business) #

Article 23(Destruction of personal location information) #

Article 24(Rights held by subjects of personal location information) #

Article 25(Rights held by legal representatives) #

Article 26(Use of location information for protecting children under age of 8 or other such persons) #

Article 27(Compensation for damages) #

Article 28(Mediation in disputes) #

Article 29(Use of personal location information for emergency rescue) #

Article 30(Requests for personal location information, and method thereof) #

Article 30-2(Use of computerized information about registration of family relationships) #

Article 31(Reduction of, and exemption from, costs) #

Article 32(Submission of statistical data) #

Article 33(Development of technology) #

Article 34(Promotion of standardization) #

Article 35(Promotion of use of location information) #

Article 35-2(Korea location information industry association) #

Article 36(Requesting submission of materials and conducting inspections) #

Article 36-2(Corrective measures) #

Article 37(Hearings) #

Article 38(Delegation and entrustment of authority) #

Article 38-2(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 38-3(Provisions applicable mutatis mutandis) #

Article 39(Penalty provisions) #

Article 40(Penalty provisions) #

Article 40-2(Penalty provisions) #

Article 41(Penalty provisions) #

Article 42(Joint penalty provisions) #

Article 43(Administrative fines) #