Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Protection and Use of Location Information and those necessary for enforcing that Act.
Article 2(Application for registration of personal location information business) #
(1) A person who intends to file for registration of location information business handling personal location information (hereinafter referred to as "personal location information business") under Article 5 (1) of the Act on the Protection and Use of Location Information (hereinafter referred to as the "Act") may file an application therefor in the name of the representative of a corporation or the representative of the shareholders, etc. of a corporation intended to be incorporated. <Amended on Oct. 16, 2018; Apr. 19, 2022>
(2) A person who intends to file for registration for the personal location information business shall file with the Korea Media and Communications Commission an application for registration for the personal location information business (including an application in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
1. Business plan including matters to be entered under Appendix 1;
2. List of a corporation's shareholders (it shall only be submitted in the case of a corporation which is intended to be established).
(3) Upon receipt of an application for registration under paragraph (2), the Korea Media and Communications Commission shall verify the corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010; Apr. 19, 2022; Oct. 1, 2025>
(4) Where the content of any document submitted under paragraph (2) is unclear, any attached document is incomplete, or the documents submitted under paragraph (2) are otherwise defective, the Korea Media and Communications Commission may request the relevant applicant to supplement it. In such cases, the period required for supplementing documents shall not be included in the period referred to in paragraph (5). <Added on Apr. 19, 2022; Oct. 1, 2025>
(5) Upon receipt of an application for registration of personal location information business under paragraph (2), the Korea Media and Communications Commission shall notify the applicant of whether to grant registration within 2 months from the date of receipt of the written application; provided, if it is unable to make a notification within such period due to any unavoidable reason, the Korea Media and Communications Commission may extend the period only once by up to 2 months. <Amended on Mar. 8, 2017; Apr. 19, 2022; Oct. 1, 2025>
(6) Where extending the period under the proviso of paragraph (5), the Korea Media and Communications Commission shall notify the applicant in writing without delay of the fact and grounds for the extension. <Amended on Oct. 1, 2025>
(7) Where the Korea Media and Communications Commission intends to attach conditions to registration under Article 5 (5) of the Act, it may hear opinions of the applicant. <Added on Apr. 19, 2022; Oct. 1, 2025>
[Title Amended on Apr. 19, 2022]
Article 3(Detailed examination standards for each registration requirement for personal location information business) #
(1) The detailed examination standards for each registration requirement under Article 5 (3) of the Act shall be as listed in Appendix 2. <Amended on Apr. 19, 2022>
(2) Matters regarding evaluation methods, etc. with respect to respective detailed examination standards under paragraph (1) shall be determined and publicly notified by the Korea Media and Communications Commission. <Amended on Aug. 3, 2015; Oct. 1, 2025>
[Title Amended on Apr. 19, 2022]
Article 4(Registration of change of personal location information business) #
(1) Deleted. <Dec. 31, 2008>
(2) A person who intends to file for registration of change of personal location information business under Article 5 (2) of the Act shall file with the Korea Media and Communications Commission an application for the registration of change of personal location information business (including an application in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
1. A change to the business plan specified in Article 2 (2) 1 (limited to a change of main facilities such as a server out of the location information system);
2. Other documents that can verify the changes.
(3) Articles 2 (4) through (6) and 3 shall apply mutatis mutandis to methods and procedures for registration of change and examination standards therefor under Article 5 (2) of the Act. <Added on Dec. 31, 2008; Oct. 16, 2018; Apr. 19, 2022>
(4) Each person that intends to report on any change to their personal location information business under Article 5 (2) of the Act shall file with the Korea Media and Communications Commission a report on the change to the personal location information business (including a report in electronic form) accompanied by the documents that can verify the change (including electronic documents). <Added on Dec. 31, 2008; Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
[Title Amended on Apr. 19, 2022]
[Moved from Article 5; previous Article 4 moved to Article 5 <Apr. 19, 2022>]
Article 5(Issuance of registration certificate of personal location information business) #
(1) Where the Korea Media and Communications Commission issues a registration certificate of personal location information business under Article 5 (3) of the Act, it shall issue the registration certificate after entering the following matters in the registration ledger of personal location information business: <Amended on Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
1. The registration number and the date of registration;
2. The trade name, and representative’s name;
3. The category and details of personal location information business;
4. The location of its main office;
5. Capital stock or appraised asset value;
6. Details of main facilities for business and places in which such facilities are installed;
7. Terms of registration.
(2) Where a person, who has filed for registration of personal location information business under Article 5 (1) of the Act (hereinafter referred to as "personal location information provider") or has filed for registration of change under paragraph (2) of that Article, loses the registration certificate issued under paragraph (3) of that Article or the registration certificate is defaced, he or she shall file an application for reissuance thereof with the Korea Media Communication Commission, specifying the reasons. <Amended on Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
[Title Amended on Apr. 19, 2022]
[Moved from Article 4; previous Article 5 moved to Article 4 <Apr. 19, 2022>]
Article 5-2(Reporting on object location information business) #
(1) A person who intends to report on the location information business not handling personal location information (hereinafter referred to as "object location information business") under Article 5-2 (1) of the Act shall file with the Korea Media and Communications Commission a report on object location information business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 1, 2025>
1. Business plan including the status of the service provider and the details of business;
2. Documents by which the details and installation places of the main facilities for business may be confirmed;
3. Documents verifying measures for protecting location information under Article 16 of the Act.
(2) Where a person who has reported on an object location information business under Article 5-2 (1) of the Act (hereinafter referred to as "object location information provider") intends to report on any change of the business under Article 5-2 (3) of the Act, he or she shall file with the Korea Media and Communications Commission a report on the change of object location information business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Amended on Apr. 19, 2022; Oct. 1, 2025>
1. A change to the business plan specified in paragraph (1) 1 (limited to a change of main facilities such as a server out of the location information system);
2. Other documents that can verify the changes.
(3) Upon receipt of a report under paragraph (1) or (2), the Korea Media and Communications Commission shall verify a certificate of matters entered in the relevant corporate registration certificate or business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the reporting person does not agree to verification of the business registration certificate, the Korea Media and Communications Commission shall require him or her to attach the relevant document. <Amended on Apr. 23, 2024; Oct. 1, 2025>
[This Article Added on Oct. 16, 2018]
Article 6(Methods and procedures for applying for authorization for takeover of personal location information business or merger of corporation) #
(1) A person who intends to obtain authorization to acquire a personal location information business under Article 7 (1) of the Act shall file with the Korea Media and Communications Commission a application for authorization to acquire such personal location information business (including an application in electronic form), accompanied by the following documents: <Amended on Aug. 3, 2015; Oct. 16, 2018; Oct. 1, 2025>
1. A copy of the contract for transfer and takeover;
2. Business plan including the matters to be entered under Appendix 2-2.
(2) A person who intends to obtain authorization for a merger or split-off (including a merger by split-off; hereinafter the same shall apply) of a corporation which is a personal location information provider under Article 7 (1) of the Act shall file with the Korea Media and Communications Commission an application for authorization for a merger or split-off of the personal location information business (including an application in electronic form), accompanied by the following documents (including electronic documents): <Amended on Aug. 3, 2015; Oct. 16, 2018; Oct. 1, 2025>
1. Copy of a contract for the merger or merger by split-off; or a copy of a plan for the split-off;
2. Business plan including the matters to be entered under Appendix 2-2.
(3) The Korea Media and Communications Commission which receives an application for authorization under paragraph (1) or (2) shall confirm the corporate registration certificate of transferee or parties to the merger or split-off through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010; Oct. 1, 2025>
(4) Where the Korea Media and Communications Commission grants authorization for any application for acquisition, merger, or split-off under paragraph (1) or (2), it shall issue a registration certificate of personal location information business. <Amended on Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
[Title Amended on Oct. 16, 2018]
Article 6-2(Detailed examination standards by examination item when granting authorization for takeover of personal location information business or merger of corporation) #
(1) The detailed examination standards by examination item prescribed in Article 7 (2) of the Act shall be as listed in Appendix 2-3.
(2) Matters regarding evaluation methods, etc. with respect to respective detailed examination standards under paragraph (1) shall be determined and publicly notified by the Korea Media and Communications Commission. <Amended on Aug. 3, 2015; Oct. 1, 2025>
[This Article Added on Aug. 3, 2015]
[Title Amended on Oct. 16, 2018]
Article 6-3(Reporting on takeover of object location information business or merger of corporation) #
(1) A person who intends to report on takeover of an object location information business under Article 7 (4) of the Act shall file with the Korea Media and Communications Commission a report on takeover of the object location information business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 1, 2025>
1. A copy of the contract for transfer and takeover;
2. Changes made to the business plan specified in Article 5-2 (1) 1 due to the takeover of the object location information business.
(2) A person who intends to report on inheritance of an object location information business under Article 7 (4) of the Act shall file with the Korea Media and Communications Commission a report on inheritance of such object location information business (including a report in electronic form), accompanied by documents verifying that he or she is the inheritor of such business (including electronic documents). <Amended on Oct. 1, 2025>
(3) A person who intends to report on a merger or split-off of a corporation under Article 7 (4) of the Act shall file with the Korea Media and Communications Commission a report on the merger or split-off of the object location information business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 1, 2025>
1. Copy of a contract for the merger or merger by split-off; or a copy of a plan for the split-off;
2. Changes made to the business plan specified in Article 5-2 (1) 1 due to the merger or split-off of the corporation.
(4) Upon receipt of a report under paragraph (1) or (2), the Korea Media and Communications Commission shall verify a certificate of matters entered in the relevant corporate registration certificate or business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the reporting person does not agree to verification of the business registration certificate, the Korea Media and Communications Commission shall require him or her to attach the relevant document. <Amended on Apr. 23, 2024; Oct. 1, 2025>
[This Article Added on Oct. 16, 2018]
Article 7(Approval of temporary or permanent closure of personal location information business) #
(1) A person that intends to obtain approval to close all or a portion of their business temporarily or permanently in accordance with Article 8 (1) 1 or (2) 1 of the Act shall file with the Korea Media and Communications Commission an application for approval of temporary or permanent closure of personal location information business (including an application in electronic form) accompanied by the following documents (including electronic documents): <Amended on Aug. 3, 2015; Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
1. Documents confirming the content of the business intended to be closed temporarily or permanently and the content of main facilities (they shall be submitted only in the case of temporary or permanent closure of a portion of the business);
2. Documents specifying a plan for notifying the subjects of personal location information of the temporary or permanent closure of the business;
3. Documents proving the destruction of personal location information and data verifying the collection of location information under Article 8 (4) of the Act.
(2) A personal location information provider shall notify the subjects of personal location information of the matters specified in each subparagraph of Article 8 (3) of the Act in writing, via e-mail, or by any other means, and post the fact of the temporary or permanent business closure on the provider’s website for at least 30 days. <Added on Oct. 16, 2018>
[Title Amended on Oct. 16, 2018]
Article 8(Reporting on temporary or permanent closure of object location information business) #
A person that intends to report on the temporary or permanent closure of all or a portion of their business in accordance with Article 8 (1) 2 or (2) 2 of the Act shall file with the Korea Media and Communications Commission a report on the temporary or permanent closure of the object location information business (including a report in electronic form), and in the case of closing a portion of their business temporarily or permanently, shall do so together with the documents (including electronic documents) that confirm the content of the business to be closed and the content of major facilities. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Oct. 16, 2018]
Article 8-2(Destruction of data when closing location information business temporarily or permanently) #
Where destroying personal location information, or data verifying the collection of location information, under Article 8 (4) of the Act, it shall be required to take measures such as deletion, pulverization, and incineration of the relevant records by using any such technical means as makes it impossible to reproduce them. <Amended on Oct. 16, 2018>
[This Article Added on Dec. 31, 2008]
[Title Amended on Oct. 16, 2018]
Article 9(Reporting on location-based service business) #
(1) A person who intends to report on a location-based service business pursuant Article 9 (1) of the Act shall file with the Korea Media and Communications Commission a report on location-based service business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 16, 2018; Oct. 1, 2025>
1. Business plan including the status of the service provider and the details of business;
2. Documents by which the details and installation places of the main facilities for business may be confirmed;
3. Documents verifying measures for protecting location information under Article 16 of the Act.
(2) A person who intends to report on any change under Article 9 (3) of the Act shall file with the Korea Media and Communications Commission a report on the change to the location-based service business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Added on Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
1. A change to the business plan specified in paragraph (1) 1 (limited to a change of main facilities such as a server out of the location information system);
2. Other documents that can verify the changes.
(3) Upon receipt of a report under paragraph (1) or (2), the Korea Media and Communications Commission shall verify a certificate of matters entered in the relevant corporate registration certificate or business registration certificate (referring to the business registration certificate with his or her resident registration number omitted; hereinafter in this Article through Article 11 the same shall apply) through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where such person who files such report does not agree to verification of the business registration certificate, the Korea Media and Communications Commission shall require such person attach the relevant document. <Amended on May 4, 2010; Nov. 2, 2010; Oct. 16, 2018; Apr. 23, 2024; Oct. 1, 2025>
Article 10(Reporting on location-based service business by micro enterprises) #
(1) A person who intends to file a report on the location-based service business under the proviso, with the exception of the subparagraphs, of Article 9-2 (1) of the Act shall file a report on location-based service business for micro enterprises, etc. (including a report in electronic form), accompanied by the documents (including electronic documents) verifying that the person 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, etc."); or shall enter the reported matters into an information system designated by the Korea Media and Communications Commission. <Amended on Feb. 2, 2021; Oct. 1, 2025>
(2) A person who intends to report on any change under Article 9-2 (3) of the Act shall file with the Korea Media and Communications Commission a report on the change of location-based service business for micro enterprises, etc. (including a report in electronic form); or shall enter the reported change into an information system designated by the Korea Media and Communications Commission. <Amended on Oct. 1, 2025>
(3) A person who intends to make a report under Article 9-2 (4) of the Act shall file with the Korea Media and Communications Commission a report on location-based service business, accompanied by the following documents (including electronic documents): <Amended on Oct. 1, 2025>
1. Documents by which to verify the date the person ceases to be a micro enterprise, etc.;
2. Documents specified in each subparagraph of Article 9 (1).
(4) Upon receipt of a report under paragraph (1) through (3), the Korea Media and Communications Commission shall verify a certificate of matters entered in the relevant corporate registration certificate or business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the reporting person does not agree to verification of the business registration certificate, the Korea Media and Communications Commission shall require him or her to attach the relevant document. <Amended on Apr. 23, 2024; Oct. 1, 2025>
[This Article Wholly Amended on Oct. 16, 2018]
Article 11(Reporting on takeover of location-based service business and merger of corporation) #
(1) A person who intends to report on takeover of a location-based service business under Article 10 (1) of the Act shall file with the Korea Media and Communications Commission a report on the takeover of location-based service business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Amended on Mar. 8, 2017; Oct. 16, 2018; Oct. 1, 2025>
1. A copy of the contract for transfer and takeover;
2. Changes made to the business plan specified in Article 9 (1) 1 due to the takeover of the location-based service business.
(2) A person that intends to report on takeover of a location-based service business under Article 10 (1) of the Act shall file with the Korea Media and Communications Commission a report on the inheritance of the location-based service business (including a report in electronic form), accompanied by the documents (including electronic documents) verifying such person is the inheritor thereof. <Amended on Oct. 1, 2025>
(3) A person who intends to report on a merger or split-off of a corporation under Article 10 (1) of the Act shall file with the Korea Media and Communications Commission a report on the merger or split-off of the relevant location-based service business (including a report in electronic form), accompanied by the following documents (including electronic documents): <Amended on Mar. 8, 2017; Oct. 16, 2018; Oct. 1, 2025>
1. Copy of a contract for the merger or merger by split-off; or a copy of a plan for the split-off;
2. Changes made to the business plan specified in Article 9 (1) 1 due to the merger or split-off of the corporation.
(4) Upon receipt of a report under paragraph (1) or (3), the Korea Media and Communications Commission shall verify a certificate of matters entered in the corporate registration certificate or the business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where such person who makes the report does not agree to verification of the business registration certificate, the Korea Media and Communications Commission shall require that person attach the relevant document. <Amended on May 4, 2010; Nov. 2, 2010; Apr. 23, 2024; Oct. 1, 2025>
Article 12(Reporting on temporary or permanent closure of location-based service business) #
(1) A person that intends to report on the temporary or permanent closure of all or a portion of the location-based service business in accordance with Article 11 (1) or (2) of the Act shall file with the Korea Media and Communications Commission an application for the temporary or permanent closure of the location-based service business (including an application form in electronic form), accompanied by the following documents (including electronic documents): <Amended on Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
1. Documents confirming the content of the business intended to be closed temporarily or permanently, and the content of main facilities (they shall be submitted only in the case of closing a portion of the business temporarily or permanently);
2. Documents proving that the fact of the temporary or permanent closure of the business has been notified to the subjects of personal location information;
3. Documents proving the destruction of personal location information under the latter part of Article 11 (1) of the Act or the destruction of personal location information and data verifying the use and provision of location information under the latter part of paragraph (2) of that Article.
(2) Where intending to close all or a portion of the location-based service business temporarily or permanently in accordance with Article 11 (1) and (2) of the Act, Articles 7 (2) and 8-2 shall apply mutatis mutandis to the notification of the temporary or permanent closure of the business and the destruction of personal location information, etc. In such cases, "data verifying the collection of location information" shall be construed as "data verifying the use and provision of location information". <Amended on Dec. 31, 2008; Aug. 3, 2015; Oct. 16, 2018>
[Title Amended on Oct. 16, 2018]
Article 13(Disclosure of terms and conditions on use) #
A person who intends to disclose the details of the service to be provided, the fees, conditions, etc. for the collection, use, and provision of location information (hereinafter referred to as "terms and conditions on use") under Article 12 (1) of the Act or to disclose the grounds for and details of amendments to the terms and conditions on use, shall do so according to the following methods by making the terms and conditions on use easily identifiable, using a font size, color, etc.:
1. Location information providers (referring to personal location information providers or object location information providers; hereinafter the same shall apply): Ensuring that the subjects of personal location information can see the terms and conditions on use through the relevant website or through the first screen of a communication terminal device collecting the location information or any other screen connected to the first screen;
2. Location-based service providers (referring to persons who have reported on a location-based service business under Article 9 (1) of the Act or persons who engage in a location-based service business under Article 9-2 (1) of the Act; hereinafter the same shall apply): Ensuring that location-based service users can see the terms and conditions on use through the relevant website or through the first screen of a communication terminal device providing location-based services or any other screen connected to the first screen.
[This Article Wholly Amended on Oct. 16, 2018]
Article 14(Detailed standards for administrative dispositions) #
(1) The detailed standards for administrative dispositions under Article 13 (2) of the Act shall be as listed in Appendix 3.
(2) Where the Korea Media and Communications Commission takes a disposition to revoke any registration or authorization or to discontinue or suspend business operations under paragraph (1), it shall publicly notify such disposition without delay. <Amended on Apr. 19, 2022; Oct. 1, 2025>
Article 15(Standards for imposing penalty surcharges) #
(1) "Sales related to the violation" in the provisions, with the exception of the subparagraphs, of Article 14 (1) of the Act shall be the annual average of the sales of services related to the violation (hereinafter referred to as "sales related to the violation") for the 3 business years immediately preceding the business year in which the violation occurred (hereafter in this Article referred to as "relevant business year"); provided, if 3 years have not passed since the commencement date of services related to a violation as at the first day of the relevant business year, it shall be the annual averaged amount of the sales related to the violation from the commencement date of the services to the last day of the relevant business year; if there has been no sales related to the violation during the 3 business years immediately preceding the relevant business year, it shall be the amount derived by converting the sales related to the violation from the first day of the relevant business year to the date of violation into the sales related to the violation during the relevant business year; and if the services related to the violation is commenced during the relevant business year, it shall be the amount derived by converting the sales related to the violation from the commencement date of the services to the date of violation into the sales related to the violation during the relevant business year. <Added on Apr. 19, 2022>
(2) "Sales of the relevant location information business or location-based service business" in Article 14 (2) of the Act means the average annual sales for the 3 business years immediately preceding the relevant business year; provided, if 3 years have not passed since the commencement date of business as at the first day of the relevant business year, it shall be the annual averaged amount of the sales from the commencement date of business to the last day of the relevant business year; and if the business is commenced during the relevant business year, it shall be the amount derived by converting the sales from the commencement date of the business to the date of violation into annual sales. <Amended on Apr. 19, 2022>
(3) If the Korea Media and Communications Commission needs financial statements or other data for the computation of sales under paragraphs (1) and (2), it may request the relevant location information provider, etc. to submit relevant data for a specified period of up to 20 days. <Added on Apr. 19, 2022; Oct. 1, 2025>
(4) The standards for imposing penalty surcharges under Article 14 (1) and (2) of the Act shall be as listed in Appendix 4. <Amended on Jul. 9, 2010; Apr. 19, 2022>
(5) "Cases prescribed by Presidential Decree" in the proviso of Article 14 (3) of the Act means the following: <Added on Apr. 19, 2022>
Article 16(Imposition and payment procedures for penalty surcharges) #
(1) Where the Korea Media and Communications Commission intends to impose a penalty surcharge under Article 14 (1) and (2) of the Act, it shall notify a person subject to the imposition of the penalty surcharge to pay the penalty surcharge, specifying in writing the fact of the relevant violation, the imposed amount, the methods and period for raising an objection, etc. after investigating and verifying the relevant violation. <Amended on Apr. 19, 2022; Oct. 1, 2025>
(2) Upon receipt of a notification under paragraph (1), the person shall pay the penalty surcharge to the collecting agency designated by the Korea Media and Communications Commission within 20 days from the date of receipt of that notification. <Amended on Dec. 12, 2023; Oct. 1, 2025>
Article 17(Extension of time limit for payment of penalty surcharge, and payment in installments thereof) #
(1) Deleted. <Apr. 19, 2022>
(2) Deleted. <Apr. 19, 2022>
(3) The extension of the time limit for payment of a penalty surcharge may not exceed 1 year from the next day of the time limit.
(4) Where making payment in installments, an interval between each time of installment payment may not exceed four months and the number of installments may not exceed three.
(5) Articles 18 through 23 of the National Tax Collection Act and Articles 18 through 23 of the Enforcement Decree of that Act shall apply mutatis mutandis to the provision of a security by a location information provider and a location-based service provider (hereinafter referred to as "location information service provider, etc.") for an extension of the due date for payment of penalty surcharges or payment in installments under Article 14 (1) and (2) of the Act. <Added on Dec. 31, 2008; Feb. 17, 2021; Apr. 19, 2022>
Article 18 #
Deleted. <Apr. 19, 2022>
Article 19 #
Deleted. <Apr. 19, 2022>
Article 20(Managerial and technical measures for protection) #
(1) Managerial measures prescribed in Article 16 (1) of the Act shall contain the following details: <Amended on Oct. 16, 2018>
1. Designation of persons responsible for managing location information;
2. Designation of persons authorized to have access at respective stages such as with respect to collection, use, provision, destruction, etc. of location information, and restrictions on their authority;
3. Preparation of procedures and guidelines for the treatment and management specifying the duties and responsibilities of persons in charge of treating location information;
4. Operation and management of a treatment ledger in which the facts of having provided location information, and other related matters are recorded;
5. Conduct of periodical self-inspections of protective measures for location information.
(2) Technical measures referred to in Article 16 (1) of the Act shall contain the following details: <Amended on Apr. 19, 2022; Oct. 1, 2025>
1. Conduct of identification and accreditation through which authority to have access to location information and a location information system can be confirmed;
2. Measures such as the installation of firewall to block unauthorized access to a location information system;
3. Operation of devices for electronic automatic recording and preservation of access to a location information system;
4. Installation and operation of security programs for preventing accidents of intruding into a location information system;
5. Application of encryption technology to safely store and transmit location information or other equivalent measures;
6. Other measures deemed by the Korea Media Media and Communications Commission as necessary to protect location information.
(3) The Korea Media and Communications Commission may determine and publicly notify the details of the measures specified in each subparagraph of paragraphs (1) and (2). <Added on Oct. 16, 2018; Oct. 1, 2025>
Article 21(Inspection of protective measures for location information) #
A public official who inspects the details, and the preservation status of records, of technical and managerial measures under Article 16 (3) of the Act shall notify the relevant location information provider, etc. of the following matters no later than seven days before the inspection; provided, this shall not apply where there is an urgent need for inspection due to the occurrence of an incident involving a breach of personal location information or the filing of a specific petition regarding a breach of personal location information: <Amended on Oct. 16, 2018; Apr. 19, 2022>
1. Grounds and purpose of the inspection;
2. Inspection date;
3. Personal information of the inspector;
4. Content of the inspection.
Article 22(Matters to be specified in terms and conditions on use when collecting location information) #
"Matters prescribed by Presidential Decree" in Article 18 (1) 5 of the Act means methods for collecting personal location information.
Article 23(Matters to be specified in terms and conditions on use when using and providing personal location information) #
"Matters prescribed by Presidential Decree" in Article 19 (1) 5 of the Act means matters regarding notification under Article 19 (3) of the Act.
Article 24(Notification of fact of having provided personal location information) #
(1) Where a location-based service provider notifies any subject of personal location information about persons provided with their personal location information, and the date and purpose of such provision under Article 19 (3) and (4) of the Act (hereinafter referred to as "details of information provision"), such service provider shall do so by means of the relevant telecommunications terminal equipment by means of which the location information provider has collected the personal location information; provided, in any of the following cases, such service provider may send such notification by means of the telecommunications terminal equipment, email address or otherwise specifically designated in advance by the relevant subjects of personal location information: <Amended on Aug. 3, 2015>
1. Where the relevant telecommunications terminal equipment does not have a function of receiving texts, voices or videos;
2. Where the subjects of personal location information make a request in advance that notification should be sent by means of any telecommunications terminal equipment, email address or otherwise, other than the relevant telecommunications terminal equipment by means of which the personal location information is collected.
(2) Where a location-based service provider intends to obtain consent from the subjects of personal location information under Article 19 (4) of the Act, such service provider shall give them a notice that they can be notified of the details of information provision to a third party, according to their decision between the method of being notified immediately thereof and the method of being notified thereof at once after collecting them. <Added on Aug. 3, 2015>
(3) After giving a notice under paragraph (2), a location-based service provider shall obtain consent to the following from the subjects of personal location information. In such cases, a location-based service provider shall obtain such consent separately, by distinguishing it from the consent under Article 19 (2) of the Act: <Added on Aug. 3, 2015>
1. The number of times of collecting the details of information provision, after which, or the time interval at which, a notification can be made on a regular basis, pursuant paragraph (4);
2. The fact that change to the method of immediate notification under Article 19 (3) of the Act is possible if requested by the subjects of personal location information, and the methods for making such request.
(4) After collecting the details of information provision to a third party, a location-based service provider may make notifications after every following number of times, or at the following time interval under Article 19 (4) of the Act: <Added on Aug. 3, 2015>
Article 25(Request for and provision of location information) #
(1) A location-based service provider shall request a location information provider for personal location information under Article 20 (1) of the Act and specify the following matters:
1. Fact of having obtained consent from the subjects of personal location information;
2. Scope and period of personal location information.
(2) Where intending to provide the requested personal location information, a location information provider who receives a request under paragraph (1) shall confirm in advance whether or not the subjects of personal location information have given consent to such provision.
(3) Detailed matters regarding the procedures, methods, etc. for providing personal location information under Article 20 (2) of the Act may be determined and publicly notified by the Korea Media and Communications Commission. <Amended on Oct. 1, 2025>
Article 25-2(Disclosure of policies for handling personal location information) #
"Matters prescribed by Presidential Decree" in subparagraph 5 of Article 21-2 of the Act means the following:
1. Matters regarding notification under Article 19 (3) of the Act;
2. Matters regarding the rights and obligations of a legal guardian and the methods of exercising such rights under Article 26 (1) of the Act;
3. Contact information, such as the name and telephone number of the person responsible for managing location information, or the name and telephone number of the department responsible for handling the affairs related to the protection of personal location information and the relevant complaints.
[This Article Added on Apr. 19, 2022]
Article 26(Notification of transfer of business) #
(1) Where notifying the subjects of personal location information of the transfer, merger, inheritance, etc. of the business under Article 22 of the Act, a location information provider, etc. shall take all of the following measures:
1. Notification to the subjects of personal location information in writing, by email or otherwise;
2. Publication on the website of the location information provider, etc. for 30 or more days.
(2) Where a location information provider, etc. does not know the contact point of the relevant subjects of personal location information without any negligence or has any inevitable reasons, notification prescribed in paragraph (1) 1 may be replaced by making public notice at least 1 time in 2 or more general daily newspapers having the nationwide distribution areas under Article 9 (1) of the Act on the Promotion of Newspapers (including daily newspapers where the principal distribution area is a particular district where the most of the subjects of personal location information live in such particular district). <Amended on Jan. 27, 2010>
(3) "Matters prescribed by Presidential Decree" in subparagraph 3 of Article 22 of the Act means the following:
1. Matters regarding the rights and duties of the subjects of personal location information;
2. Matters regarding managerial or technical measures for protecting personal location information.
Article 26-2(Destruction of personal location information) #
(1) Article 8-2 shall apply mutatis mutandis to the destruction of personal location information and data verifying the collection, use, and provision of location information under the main clause of Article 23 (1) and Article 24 (4) of the Act. In such cases, "data verifying the collection of location information" shall be construed as "data verifying the collection, use, and provision of location information".
(2) "Good cause prescribed by Presidential Decree" in the proviso of Article 23 (1) of the Act means cases where a subject of personal location information gives a separate consent to the retention of his or her personal location information.
(3) The period during which personal location information may be retained under the proviso of Article 23 (1) of the Act shall be up to 1 year from the time the subject of personal location information gives consent thereto.
(4) Where the Korea Media and Communications Commission intends to require public officials under its jurisdiction to inspect the actual conditions of destroying personal location information under Article 23 (3) of the Act, Article 21 shall apply mutatis mutandis to the procedures and methods for such inspection. <Amended on Oct. 1, 2025>
[This Article Added on Apr. 19, 2022]
[Previous Article 26-2 moved to Article 26-3 <Apr. 19, 2022>]
Article 26-3(Methods of confirming the consent of legal representatives) #
(1) A location information provider, etc. shall confirm whether a legal representative has consented by any of the following methods under Article 25 (1) of the Act:
1. Requesting the legal representative to express whether he or she consents to the matters subject to consent posted on the website of the location information provider, etc. and informing the legal representative by his or her mobile phone text message that the location information provider, etc. confirms the expression of the consent;
2. Requesting the legal representative to express whether he or she consents to the matters subject to consent posted on the website of the location information provider, etc. and receiving card information of the legal representative, such as a credit card and debit card;
3. Requesting the legal representative to express whether he or she consents to the matters subject to consent posted on the website of the location information provider, etc. and verifying the identity of the legal representative through mobile phone authentication;
4. Issuing a document stating the matters subject to consent or delivering such document to the legal representative by mail or fax, and requesting him or her to submit the document after affixing his or her seal or signature on the matters subject to consent;
5. Sending a document stating the matters subject to consent to the legal representative by e-mail and requesting him or her to return it with his or her consent expressed thereon by e-mail;
6. Informing the legal representative of the matters subject to consent and obtaining his or her consent over the phone, or informing the legal representative of the method by which he or she may check the matters subject to consent, such as the Internet address, and obtaining his or her consent over the phone again;
7. Other methods to inform the matters subject to consent by a method similar to those referred to in subparagraphs 1 through 6, and confirm his or her consent expressed thereon.
(2) Where it is impracticable for a location information provider, etc. to fully state matters subject to consent due to the characteristics of the medium for collecting personal information, he or she may inform a legal representative of a method by which the legal representative may confirm the matters subject to consent (the relevant Internet address, telephone numbers of the place of business, etc.).
[This Article Added on Jun. 11, 2019]
Article 27(Requirements for consent to use of location information for protection of children under age of eight or other such persons) #
(1) In order to protect any person under the subparagraphs of Article 26 (1) of the Act (hereinafter referred to as "child under the age of 8 or other such person"), a person who intends to give consent to the collection, use, or provision of the personal location information of the child under the age of 8 or other such person shall present a written consent to the relevant location information provider, etc., accompanied by the documents verifying he or she is a legal guardian of the child under the age of 8 or other such person.
(2) The following matters shall be entered in a written consent under paragraph (1), and the legal guardian shall affix his or her signature and seal or affix his or her signature to the written consent:
1. Name, address and birth date of the child under the age of 8 or other such person;
2. Name, address and contact point of the legal guardian;
3. Fact that the purpose of the collection, use, or provision of personal location information is limited to the protection of the life or body of the child under the age of 8 or other such person;
4. Date of consent.
Article 28(Judgment concerning whether there exists any situation requiring emergency rescue) #
Upon receiving a request for emergency rescue under Article 29 (1) or (2) of the Act, an emergency rescue agency or the National Police Agency, a City/Do police agency, and a police station under Articles 12 and 13 of the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as "police agency") may verify the following matters from a person who makes such request for emergency rescue, in order to determine whether there exists any situation requiring emergency rescue: <Amended on Nov. 15, 2012; Nov. 31, 2020>
1. Name and contact point of the person who is in need of emergency rescue;
2. Name and contact point of the person who makes a request for emergency rescue, and relationship of such person with the person who is in need of emergency rescue;
3. Other matters necessary for determining whether there exists any situation requiring emergency rescue.
Article 28-2(Methods for confirming will of persons in need of rescue and relief) #
(1) A police agency shall confirm the will of a person in need of rescue and relief by means of any of the following methods under Article 29 (3) of the Act:
1. Where a person who is in need of rescue and relief has informed in advance a police agency or a location information provider about a person who may make a report to a police agency on behalf of the former where there occurs to the former any situation requiring emergency rescue, and has given consent to the provision of the former’s personal location information, any methods for confirming the aforementioned fact;
2. Where a person who is in need of rescue and relief has sent any other person a voice or text message or the like requesting rescue and relief, any methods for confirming the aforementioned fact;
3. In any cases other than those falling under subparagraph 1 or 2, any methods for directly communicating with a person in need of rescue and relief and verifying his or her will.
(2) Verification of the will by means of the method falling under any of the subparagraphs of paragraph (1) shall be conducted before requesting a location information provider for providing the relevant personal location information; provided, where there is a likelihood to cause any significant danger of the life or body of the person in need of rescue and relief, such confirmation of the will by means of any methods referred to in paragraph (1) 3 may be conducted after making a request for the provision of the relevant personal location information.
(3) The subjects of personal location information may withdraw the consent under paragraph (1) 1 at any time. In such cases, the police agency and the location information provider shall destroy the relevant information without delay.
(4) A police agency may establish and operate an information system to electronically treat the affairs of confirming the will by means of any methods referred to in paragraph (1) 1, and also may utilize such system in common with location information providers.
(5) Where establishing and operating an information system under paragraph (4), a police agency shall limit the number of those persons eligible to connect the information system to the minimum extent necessary for performing the relevant affairs, and shall install safety devices to prevent the leakage, alteration, damage etc. of personal information and the access of unauthorized persons thereto.
[This Article Added on Nov. 15, 2012]
Article 29(Special phone number services) #
"Special phone numbers prescribed by Presidential Decree" in Article 29 (4) of the Act means the following special phone numbers assigned according to the management plans for telecommunications numbers under Article 48 of the Telecommunications Business Act: <Amended on Oct. 1, 2010; Nov. 15, 2012>
1. Special telephone number for reporting urgent matters for petition such as fires, rescue and relief, and emergency medical services (excluding those matters falling under subparagraph 2): 119;
2. Special telephone number for reporting urgent matters for petition such as accidents in seas: 122;
3. Special telephone number for reporting urgent matters for petition such as rescue and relief from criminal harm, etc.: 112.
Article 30(Methods and procedures for issuing warning) #
(1) An emergency rescue agency which intends to request a location information provider to issue a warning under Article 29 (7) of the Act shall provide a written request for issuance of a warning (including a request in electronic form) to location information providers: <Amended on Nov. 15, 2012>
1. Grounds for requesting the issuance of a warning;
2. Subject areas to which a warning is intended to be issued;
3. Time, interval and frequency of the issuance of a warning;
4. Other matters which serve as good references for the issuance of a warning.
(2) Where intending to request a location information provider to issue a warning under paragraph (1), an emergency rescue agency shall make a request for the issuance of a warning through a location information system equipped with the following:
1. Devices for automatic recording and preservation of requests for the issuance of a warning;
2. Safety devices for preventing the leakage, alteration, damage, etc. of personal location information and the access of unauthorized persons thereto.
(3) A location information provider who receives a written request for the issuance of a warning under paragraph (1) shall issue a warning through a location information system.
Article 30-2(Retention of matters related to requests for provision of personal location information) #
(1) Where making a request for the provision of personal location information, a police agency shall electronically record and retain the following matters under Article 29 (9) of the Act. The same shall apply to an emergency rescue agency:
1. Matters falling under any of the subparagraphs of Article 29 (9) of the Act; provided, matters falling under subparagraph 3 or 4 of said paragraph shall be only applicable in case of a police agency;
2. Records of connecting a location information system.
(2) Among matters under Article 29 (9) 3 of the Act as recorded and retained under paragraph (1), personal location information shall be deleted after 3 months from the date the information is recorded and retained.
[This Article Wholly Amended on Nov. 15, 2012]
Article 30-3(Restrictions on access to location information system) #
An emergency rescue agency and a police agency shall limit the number of persons eligible to access an location information system under Article 30 (1) of the Act to the minimum extent necessary for performing the relevant affairs; and shall install safety devices to prevent the leakage, alteration, damage etc. of personal information and the access of unauthorized persons thereto.
[This Article Added on Nov. 15, 2012]
Article 30-4(Reporting to the National Assembly) #
(1) In accordance with Article 30 (2) of the Act, an emergency rescue agency and a police agency shall submit materials as classified in the following to the Public Administration and Security Committee of the National Assembly within thirty days after the end of each half-year: <Amended on Aug. 3, 2015>
1. Materials referred to in Article 29 (1) and (2) of the Act:
(a) Number and dates of requests made to location information providers for providing personal location information;
(b) Telephone numbers in respect of whose users location information providers were requested to provide personal location information;
(c) Location information providers who provided personal location information;
2. Materials referred to in Article 29 (11) of the Act:
(a) Persons who made a request for personal location information;
(b) Number and dates of cases of either having been requested for or having provided personal location information;
(c) Telephone numbers in respect of whose users personal location information was requested or provided;
(d) Relevant statutory provisions which constitute the basis for the request or provision.
(2) In accordance with Article 30 (2) of the Act, a location information provider shall submit the following materials to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly within 30 days after the end of each half-year: <Added on Aug. 3, 2015; Oct. 16, 2018>
1. Number and dates of cases of having provided personal location information to emergency rescue and police agencies;
2. Telephone numbers in respect of whose users personal location information was provided to emergency rescue and police agencies;
3. Emergency rescue agencies and police agencies which made requests for personal location information.
(3) Materials referred to in paragraphs (1) and (2) shall either be transmitted in a form of an electronic file by using any information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, or be recorded and submitted in an electronic information storage medium in and from which the contents of such materials can be recorded and preserved, and printed. <Amended on Aug. 3, 2015>
Article 30-5(Submission of statistical data) #
(1) A location information provider shall submit the following data to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly and the Korea Media and Communications Commission under Article 32 of the Act, within 30 days after the end of each half-year: <Amended on Oct. 1, 2025>
1. Number of warnings issued each month to the subjects of personal location information under Article 29 (7) of the Act;
2. Number of monthly cases in which personal location information has been provided to any emergency rescue agency or police agency under Article 30 (1) of the Act.
(2) The data referred to in paragraph (1) may be transmitted in the form of an electronic file using any information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; or may be recorded and submitted in an electronic information storage medium in and from which its contents can be recorded, stored, and printed.
[This Article Added on Oct. 16, 2018]
Article 31(Scope of research institutes) #
The research institutes that the Minister of Science and ICT or the Korea Media and Communications Commission may allow to conduct projects for research and development under Article 33 (1) of the Act shall be as follows: <Amended on Aug. 18, 2009; Aug. 21, 2009; Jul. 9, 2010; Mar. 23, 2013; Jul. 26, 2017; Dec. 8, 2020; Oct. 1, 2025>
1. The National Information Society Agency prescribed in Article 12 of the Framework Act on Intelligent Informatization;
2. The National IT industry Promotion Agency prescribed in Article 26 of the Information and Communications Technology Industry Promotion Act;
3. The Korea Internet and Security Agency prescribed in Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection;
4. The Electronics and Telecommunications Research Institute prescribed in Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
5. Other research institutes whose establishment purpose is to develop technologies and equipment relating information communications networks and which are determined and publicly notified by the Minister of Science and ICT or the Korea Media and Communications Commission.
Article 32(Procedures for standardization) #
Where the Minister of Science and ICT establishes standards for collecting, using, or providing location information under Article 34 (1) of the Act, he or she shall refer them for deliberation to the Deliberation Committee for Broadcasting Communications Standards under Article 22 (3) of the Enforcement Decree of the Framework Act on Broadcasting Communications Development. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jun. 25, 2012]
Article 33(Projects relating to use and promotion of location information) #
The projects which the Korea Media Communication Commission may conduct under Article 35 (1) of the Act shall be as follows: <Amended on Oct. 1, 2025>
1. Projects for supporting research on the legal and institutional improvements for protecting location information and vitalizing location information business and location-based service business (hereinafter referred to as "location information business, etc.");
2. Projects for creating a foundation for vitalizing location information business, etc. such as development and distribution of technologies related to location information;
3. Projects on leading and application technologies for fostering location information, and projects for supporting relevant research;
4. Projects for the quality improvement and evaluation of location information business, etc.;
5. Projects for creating a foundation for using location information for public purposes, such as development of technologies and equipment for using location information for public purposes;
6. Demonstration projects for efficient utilization and distribution of such technologies, equipment and application services as related to location information;
7. Projects related to standardization for protection, and collection, use, and provision of location information;
8. Other necessary projects regarding the protection of location information and the creation of environment for the use thereof.
Article 33-2(Authorization for establishment of the Korean Association of Location Information Industry) #
(1) Upon authorizing the establishment of the Korean Association of Location Information Industry under Article 35-2 (1) of the Act (hereafter referred to as the "Korean Association of Location Information Industry" in this Article), the Korea Media and Communications Commission shall make a public announcement of such fact on its website. <Amended on Oct. 1, 2025>
(2) The Korean Association of Location Information Industry shall perform the following projects with respect to the location information industry:
1. Research on the location information industry, and recommendation for the improvement of the system thereof;
2. Research and support for self-regulation for protecting location information;
3. Support for training human resources for protecting location information;
4. Survey of the current status related to the location information industry and preparation of statistics thereof;
5. Survey of technical trends of the location information industry and activities to disseminate new technologies;
6. Support for international cooperation and overseas expansion regarding the location information industry;
7. Technological research necessary for protecting location information;
8. Support for the provision of personal location information under Article 30 (1) of the Act;
9. Other projects necessary for developing the location information industry and achieving the objectives of the establishment of the Korean Association of Location Information Industry.
(3) If necessary for the guidance and supervision over the Korean Association of Location Information Industry, the Korea Media and Communications Commission may request the Korean Association of Location Information Industry to submit the following data: <Amended on Oct. 1, 2025>
1. A business plan or business performance report;
2. A budget statement or a report on the settlement of accounts;
3. Data related to the performance of projects referred to in the subparagraphs of paragraph (2).
[This Article Added on Apr. 19, 2022]
Article 34(Requests for submission of materials) #
"Ground prescribed by Presidential Decree" in Article 36 (1) 3 of the Act means cases where there have occurred or are highly likelihood to occur incidents or accidents impairing any right or interest concerning location information of individuals or the owners of movable articles.
[This Article Wholly Amended on Aug. 3, 2015]
Article 35(Periodic inspection of actual conditions) #
(1) A periodic inspection of actual conditions performed by the Korea Media and Communications Commission under Article 36 (3) of the Act shall include the following: <Amended on Oct. 1, 2025>
1. Whether the company name, location of the main office, or location information system of the personal location information provider is changed;
2. Whether grounds for disqualification referred to in the subparagraphs of Article 6 (1) of the Act arise;
3. Whether the business is transferred, acquired, inherited, merged, or divided, and whether notification thereof is made;
4. Whether all or part of the business is closed temporarily or permanently;
5. Terms and conditions of use, and guidelines for processing personal location information, and the current status of disclosure thereof;
6. The current status of managerial and technical measures regarding location information under Article 16 (1) of the Act;
7. The current status of retention and destruction of personal location information and data verifying the collection, use, and provision of location information.
(2) A periodic inspection of actual conditions under paragraph (1) shall be conducted by means, such as a written survey or on-site survey, and may be conducted electronically through the information and communications networks, email, etc.
(3) Where the Korea Media and Communications Commission conducts a periodic inspection of the actual conditions under paragraph (1), it shall notify in writing the person subject to the inspection of an inspection plan including the purpose, subject matters, method, period, etc. of the inspection not later than seven days prior to the commencement of the inspection; provided, notification may not be made if an emergency inspection is required due to the occurrence of an incident resulting in a breach of personal location information or the filing of a specific civil petition regarding a breach of personal location information. <Amended on Oct. 1, 2025>
[This Article Added on Apr. 19, 2022]
Article 36(Publication of fact of receiving orders for corrective measures) #
(1) Where the Korea Media and Communications Commission intends to order a person to publish the fact of receiving an order for corrective measures under Article 36-2 (1) of the Act, it shall specify the details, number, and medium of publications, the size of pages, etc. in consideration of the following: <Amended on Oct. 1, 2025>
1. Details and severity of violations;
2. The duration and frequency of violations.
(2) Where the Korea Media and Communications Commission intends to order a person to publish the fact of receiving an order for corrective measures under paragraph (1), it may require the person to have a prior consultation with the Korea Media and Communications Commission regarding the draft, etc. <Amended on Oct. 1, 2025>
(3) Except as provided in paragraphs (1) and (2), details necessary for publishing the fact of receiving an order for corrective measures shall be prescribed and publicly notified by the Korea Media and Communications Commission. <Amended on Oct. 1, 2025>
[This Article Added on Apr. 19, 2022]
Article 37(Disclosure of fact of issuing orders for corrective measures) #
(1) Where a person that has received an order for corrective measures under Article 36-2 (1) of the Act falls under any of the following cases, the Korea Media and Communications Commission may disclose the fact of issuing an order for corrective measures under paragraph (2) of that Article: <Amended on Oct. 1, 2025>
1. Where he or she receives an order for corrective measures due to an act falling under Articles 39, 40, 40-2, and 41 of the Act;
2. Where he or she receives orders for corrective measures at least twice a year.
(2) The disclosure of the fact of issuing corrective orders under paragraph (1) shall be made by posting it on the website of the Korea Media and Communications Commission or in a general daily newspaper registered for nationwide circulation under Article 9 (1) of the Act on the Promotion of Newspapers. <Amended on Oct. 1, 2025>
[This Article Added on Apr. 19, 2022]
Article 37-2(Entrustment of tasks) #
(1) In accordance with Article 38 (2) of the Act, the Korea Media and Communications Commission shall entrust the following tasks to the Korea Internet and Security Agency under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection: <Amended on Oct. 1, 2025>
1. Task of examining the details of technical and managerial measures and the preservation status of records under Article 16 (3) of the Act (limited to technical support tasks);
2. Task of demanding the submission of materials and conducting inspections under Article 36 (1) and (2) of the Act (limited to technical support tasks).
(2) In accordance with Article 38 (2) of the Act, the Korea Media and Communications Commission shall entrust the task of promotingn standardization under Article 34 of the Act, to the Telecommunications Technology Association under Article 34 of the Framework Act on Broadcasting Communications Development. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Aug. 3, 2015]
Article 37-3(Processing of personally identifiable information) #
(1) The Korea Media and Communications Commission (including persons that are either delegated with authority, or entrusted with tasks, of the Korea Media and Communications Commission under Article 38 of the Act) may process the data containing resident registration numbers or alien registration numbers under the subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is essential for performing the following: <Amended on Aug. 6, 2014; Aug. 3, 2015; Oct. 16, 2018; Apr. 19, 2022; Oct. 1, 2025>
1. Affairs related to registration for, registration for change of, and reporting on change of, personal location information business under Article 5 of the Act;
1-2. Affairs related to reporting on object location information business, and reporting on change thereof under Article 5-2 of the Act;
2. Affairs related to verification of grounds for disqualification for executives under Article 6 of the Act;
3. Affairs related to authorization of, or reporting on, takeover of location information business, and the merger, etc. of a corporation under Article 7 of the Act;
4. Affairs related to approval for, or reporting on, the temporary or permanent closure of the location information business under Article 8 of the Act;
5. Affairs related to reporting on, and reporting on change of, location-based service business under Article 9 of the Act;
5-2. Affairs related to reporting on location-based service business by micro enterprises, etc., or reporting on change thereof under Article 9-2 of the Act;
6. Affairs related to authorization of takeover of location-based service business, and the merger, etc. of a corporation under Article 10 of the Act;
7. Affairs related to reporting on the temporary or permanent closure of the location-based service business under Article 11 of the Act;
8. Affairs related to revocation of registration, suspension of business operations, etc. under Article 13 of the Act;
9. Affairs related to imposition and collection of penalty surcharges under Article 14 of the Act;
10. Affairs related to examination under Article 16 (3) of the Act;
11. Affairs related to extension of the time limit for payment of penalty surcharges and related to payment in installments thereof, under Article 17 of the Act;
Article 38(Criteria for imposing administrative fines) #
Criteria for imposing administrative fines under the provisions of Article 43 (1) through (3) of the Act shall be as listed in Appendix 5.
[This Article Wholly Amended on Jul. 9, 2010]
Article 39(Administrative data matching) #
Where it is possible to verify information related to any accompanying documents through administrative data matching under Article 36 (1) of the Electronic Government Act, such verification shall be in lieu of the accompanying documents to be submitted under Articles 2 (2), 4 (2) and (4), 5-2, 6 (1) and (2), 6-3, 7 (1), 8, 9, 10, 11, and 12 (1). <Amended on Dec. 31, 2008; May 4, 2010; Nov. 2, 2010; Oct. 16, 2018; Apr. 19, 2022>
Article 40(Forms) #
Applications and other forms referred to in the Act or this Decree shall be determined and publicly notified by the Korea Media and Communications Commission. <Amended on Oct. 1, 2025>
[This Article Added on Oct. 16, 2018]