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Laws of the Republic of Korea |
ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BUSINESS ACT
(Unofficial Translation: the Korean-language version shall prevail.) - 2 -
ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS
BUSINESS ACT
Contents
CHAPTER I GENERAL PROVISIONS (Article 1 through Article 6) ······························································ 4
CHAPTER
II TELECOMMUNICATIONS BUSINESS (Article 7 through Article 33) ·································· 10
CHAPTER TELECOMMUNICATIONS
OPERATION (Article 34 through Article 37) ·························· 24
CHAPTER PROMOTION OF COMPETITION OF TELECOMMUNICATIONS
BUSINESS, etc.
(Article 38 through Article 51) ··························································································································
26
CHAPTER PROTECTED OF TELECOMMUNICATIONS FACILITIES (Article 52) ··································· 31
CHAPTER SUPPLEMENTARY
PROVISIONS (Article 53 through Article 65) ······································ 32
ADDENDA
ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BUSINESS ACT
[Wholly amended by Presidential Decree No. 20666 on 2008.2.29.]
CHAPTER
I GENERAL PROVISIONS
(Purpose)
Article 1
The purpose of this Decree is to prescribe the delegated matters under the
Telecommunications Business Act and the necessary matters
for its enforcement.
(Contents of Universal Service)
Article 2
(1) The contents of Universal Services as prescribed in Article 3-2 (3) of the
Telecommunications Business Act (hereinafter to be
referred to as "the Act") shall be
as in the following paragraphs:
1. Wire telephone service;
2. Telephone service for emergency communications; and
3. Telephone service at discounted or exempted rates for the groups of the disabled
and low income earners.
(2) The detailed contents of Universal Service under paragraph (1) shall be as in the
following paragraphs:
1. Wire telephone service: Telephone service falling under any of the following items
among telephone services within a zone that
is announced by the KCC
considering the service method and conditions (hereinafter to be referred to as
"call zone"):
a. Local telephone service: Telephone service that intermediates communication
using subscriber telephone service (excluding island
communication services
under "c" below; the same hereinafter);
b. Local public telephone service: Telephone service that intermediates
communication using public telephone service; or
c. Island communication services: Telephone service that intermediates
communication between the land and islands or among islands
using a
wireless means.
2. Telephone service for emergency communications: service falling under any of the
following items among those for maintaining social
order and safety of human
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lives:
a. Special-number telephone service determined and announced by the KCC
among Common Services under subparagraphs 1 and 2 of Article
7;
b. Maritime Cellular phone service: Telephone service that intermediates
communication between the land and vessels or between
vessels among
Common Services under subparagraph 2 of Article 7 ; or
3. Telephone service at discounted or exempted rates for the groups of the disabled
and low income earners: Telephone services falling
under any of the following items
among those telephone services for the groups of the disabled and low income
earners for the promotion
of social welfare:
a. Telephone service between local telephone service and other call zones
(hereinafter to be referred to as "long distance telephone
service");
b. Telephone directory service which is an ancillary service to local telephone
service and long distance telephone
services;
c. Cellular, PCS, and Paging services among Common Services under
subparagraph 2 of Article 7 ; and
d. Internet subscriber access service.
(3) Those eligible for service rate discount or exemption under subparagraph 3 of
paragraph (2) above shall be those falling under
any of the following subparagraphs:
Provided, That the rate discount or exemption for those falling under subparagraph
8 shall
be limited to cellular, PCS, and IMT 2000 services.
1. The disabled, their welfare facilities, and welfare organizations under the Welfare
Services Act for the disabled
2. Special schools under the Elementary and Secondary Education Act;
3. Children's welfare facilities under the Child Welfare Act
4. Those falling under any of the following items among the beneficiaries of the
National Basic Living Security Act (hereinafter
referred to as "beneficiaries")
(household falling under any of the following items in case of local, long distance
and Internet
subscriber access services):
a. Beneficiaries aged less than 18 or 65 or higher; Provided, That the discount
rate for cellular, PCS and IMT 2000 services shall
be offered to basic
livelihood allowance beneficiaries aged higher than 18 to less than 65 years
old as well.
b. Heavily disabled persons under subparagraph 2 Article 2 of the Employment
Promotion and Vocational Rehabilitation of Disabled
Persons Act;
c. Anyone who requires treatment or recuperation for three or more months for
a disease, injury or their sequela that
does not fall under the diseases or
injuries prescribed by the Ordinance of the Health, Welfare and Family
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of The Telecommunications Business Act
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Affairs Minister under subparagraph 2 of Article 7 of the Enforcement
Decree of the National Basic Livelihood Security Act; and
d. Any person who is prescribed to have difficulty working by the Ordinance of
the Health, Welfare and Family Affairs Minister
under subparagraph 5 of
Article 7 of the Enforcement Decree of the National Basic Livelihood Security
Act.
5. Korea Disabled Veterans Organization and April Nineteenth Uprising Association
under the Act on the Establishment of Associations
by Persons, etc. of
Distinguished Services to the Nation;
6. Military or police personnel injured in wars, injured on duty, persons injured
during April 19 Uprising, public officials injured
on duty, persons injured for
special distinguished services for the national or social development, and persons
injured during
June 18 Uprising for Freedom among those of distinguished
services for the nation under the Act on the Honorable Treatment and Support
of
Persons, etc. of Distinguished Services to the Nation; or
7. Those injured during May 18 Uprising for Democracy among those of
distinguished services for May 18 Uprising for Democracy under
the Act on the
Honorable Treatment of Persons of Distinguished Services to the 518
Democratization Movement.
8. Members of households that fall under any of the following items among those
belonging to the second lowest income bracket under
subparagraph 11 Article 2
of the Enforcement Decree of the National Basic Livelihood Security Act. In this
case, the number of
household members who shall be eligible for such rate
discount or exemption shall be determined and announced by the KCC.
a. Any
person who participates in self-help projects under paragraph 5 of
Article 9 of the Act;
b. Any person who is eligible for abatement of the minimum amount payable
by the insured among those have any of the rare intractable
diseases
stipulated under Item 4 sub-item c of Table No. 2 annexed to the
Enforcement Decree of the National Health Insurance Act;
c. Any person who is covered by national health insurance under Article 2 of
the Enforcement Decree of the National Health Insurance
Act;
d. Any person who is provided with financial support for childcare under
paragraph 1 of Article 34 of the Infant Care Act;
e. Any person who is provided with financial support for infant education under
paragraph 1 of Article 26 of the Early Childhood
Education Act;
f. Any person who is in receipt of the disabled persons allowance under Article
49 of the Welfare of Disabled Persons
Act and the disabled child allowance
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under paragraph 1 of Article 50 of the same act; or
g. Any person who is entitled to protection under Article 5 of the Single-Parent
Family Support Act. In this case, this category shall include those whose
assessed income amount is 130/100 of the minimum subsistence
cost or
less.
(Designation of Telecommunications Carrier Providing Universal Service)
Article 3
(1) The KCC shall designate a telecommunications carrier providing Universal Service
under Article 3-2 (4) (hereinafter referred
to as "Universal Service Carrier") through a
review by the Information and Communications Policy Review Committee as
prescribed
in Article 44-2 of the Telecommunications Basic Act.
(2) A telecommunications carrier who is designated as a Universal Service Carrier
under paragraph (1) shall submit a written plan for provision of Universal Service
which includes the method and cost required
for providing the relevant services to
the KCC every year not later than the ending day of the year preceding the
provision of
relevant services.
(Reimbursement of losses from Universal Service from Provision of Universal Service)
Article 4
(1) The KCC may have the Telecommunications carriers who are not a Universal Service
Carrier share the fund for reimbursing the
whole or part of the losses incurred from
the provision of Universal Service by the Universal Service Carriers (hereinafter
referred
to as the "fund to reimburse losses from Universal Service") in proportion
to their turnovers.
(2) A Universal Service Carrier who intends to have his Universal Service loss reimbursed
shall submit a Report on Universal Service
Performance in provision of Universal
Service which includes the cost for and income and losses from his provision
thereof to the
KCC within three months after the end of the relevant fiscal year.
(3) The KCC may request an expert institute to examine the Report
on Universal Service
Performance under paragraph (2) if it is deemed necessary for its verification.
(Subject to Calculation of
Reimbursement for Losses from Universal Service)
Article 5
(1) The scope of the Universal Service that is subject to calculation of reimbursement for
losses from Universal Service incurred
by Universal Services shall be as in following
paragraphs:
1. Local telephone service in zones where the cost required for providing services
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among local telephone services falling under Article 2 (2) 1 a (referring to the cost
calculated by using the formula announced
by the KCC considering population
density, number of lines, efficiency of communication network operation, etc.; the
same in subparagraph
2 and Article 6 (1) hereinafter) exceeds the income
(including the indirect benefits such as enhanced brand value or subscriber
preference, etc., owing to provision of Universal Services; the same in
subparagraph 2 and Article 6 (1) hereinafter);
2. Local public telephone service in zones where the cost required for providing
services among local public telephone services falling
under Article 2 (2) 1 b
exceeds the income;
3. Island communications services falling under Article 2 (2) 1 c; or
4. Maritime Cellular phone service falling under Article 2 (2) 2 b.
(2) "Telecommunications carriers prescribed by the Presidential
Decree"under Article 3-2
(2) of the Act refers to the carriers of a service-based business, a value-added
business and a regional
paging service while "the amount prescribed by the
Presidential Decree" refers to 30 billion won.
(Methods for Calculation of Reimbursement for Losses from Universal Service)
Article 6
(1)The loss incurred by providing Universal Services falling under any of subparagraphs
of Article (1) shall be the amount by deducting
the income from the cost required
for providing the services.
(2) The interim reimbursement for losses from Universal Service shall be calculated by
multiplying the amount calculated as provided
under paragraph (1) by the loss
reimbursement ratio announced by the KCC: Provided, That in case of Maritime
Cellular phone service
under Article 5 (1) 4, the management efficiency target
subsidy announced by the KCC shall be the interim reimbursement for losses
from
Universal Service.
(3) The reimbursement of losses from Universal Service shall be the amount by
deducting the amount under the following paragraphs
from the interim
reimbursement for losses from Universal Service calculated in accordance with
paragraph (2):
1. The amount a Telecommunications carrier, who provides the Universal Services
falling under any of subparagraphs of Article 5 (1),
shares based on the turnovers
of the Telecommunications Service (excluding Value-Added Service) other than the
relevant Universal
Services.
2. The amount calculated by the KCC considering the sharing capability of the
Telecommunications carrier that shares the fund for
Reimbursement of losses from
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Universal Service (hereinafter to be referred to as "loss sharing operator").
(4) The loss sharing operator shall share the fund
for reimbursement of losses from
Universal Service calculated pursuant to paragraph (3) in proportion to its turnovers
of Telecommunications
Service (excluding Value-Added Service).
(5) The KCC shall determine and announce specific matters necessary for the discount or
exemption ratios of the telephone service rates for the groups of the disabled and
low income earners and the methods for computing
the fund for reimbursement of
losses from Universal Service.
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CHAPTER II TELECOMMUNICATIONS BUSINESS
(Types and Contents of Common Service)
Article 7
The Common Service under Article 4 (2) of the Act shall have the types and contents
under the following paragraphs: Provided, That
it shall exclude Telecommunications
Service that transmits or receives electromagnetic signals of voice, data, video, etc.
using
any of the services falling under the following paragraphs, without changing
their contents or types.
1. Transmission Service: Telecommunications Service that transmits or receives
electromagnetic signals of voice, data, video, etc.
using telegraphic, telephone,
Internet service, etc. without changing their contents or types
2. Service provided using allocated radio frequency: Telecommunications Service that
transmits or receives electromagnetic signals
of voice, data, video, etc. through
radio stations, which are established to use radio frequencies allocated under
Article 11 or
12 of the Radio Act, without modifying their contents or patterns; or
3. Telecommunications Line Lease Service: Telecommunications Service that leases
telecommunications lines.
(Scope of Premises)
Article 8
The "premises prescribed by the Presidential Decree" under Article 4 (2) 2 of the Act
shall be those falling under any of the following
paragraphs:
1. One building or structure;
2. One lot (limited to those owned by one person or shared) and buildings or
structure on it;
3. Two or more buildings and their lot possessed by one person (limited to cases
where the straight distance between buildings is
500m or less); or
4. A zone the KCC announces with a review by the Information and Communication
Policy Review Committee under Article 44-2 of the
Framework Act on
Telecommunications among buildings or lots neighboring the buildings or lots
under subparagraphs 1 through 3.
(Application for License)
Article 9
(1) Any person who intends to obtain a license under Article 5 (1) of the Act may file
an application in the name of the representative
of the corporation or of the
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stockholders etc. of the corporation to be established.
(2) The KCC shall have the subject matters of the announcement reviewed
in advance
by the Information and Communications Policy Review Committee under Article 44-2
of the Framework Act on Telecommunications
prior to announcing them under
Article 5 (4) of the Act: Provided, That this shall not apply to a license on the small
businesses
in the proviso clause of Article 5 (2) of the Act.
(Documents Attached to Application for License)
Article 10
(1) Any person who applies for a license for Common business under Article 5 (1) of
the Act shall attach documents of the following
paragraphs to its application to the
KCC:
1. Articles of incorporation(including a corporation to be founded; the same
hereinafter in this Article);
2. The shareholder's register of the corporation or other document showing the
stocks held by its shareholders; and
3. Business plan.
(2) The government official who receives a license application under paragraph (1) shall
verify the digital corporate
registration register details using the administration
information network under Article 21 (1) of the e-Government Act; Provided,
That if
the applicant does not consent to the verification, he shall be required to attach an
official copy of corporation registration.
(Exceptions to Review by Information and Communication Policy Review Committee)
Article 11
"Small businesses prescribed by the Presidential Decree" in the proviso clause of Article
5 (2) of the Act shall refer to the business
providing Service the KCC announces among
those under Article 7 subparagraph 2.
(Issuance of License, etc.)
Article 12
(1) The KCC shall issue the license for common carrier after recording all the matters of
the following paragraphs in the license
register for common carriers when the KCC
grants a license for Common business under Article 5 (1) of the Act or a modified
license
for the addition of Common Service under Article 10 (1):
1. License Number. and date;
2. Trade name, title or representative's name;
3. Type, contents and service zone of Telecommunications Service;
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4. Location of Principal office;
5. Paid-in capital or appraisal value of assets;
6. Details and locations of Principal business facilities;
7. Matters concerning technical personnel; and 8. License conditions.
(2) A common carrier whose license issued under paragraph (1)
is lost or worn-out may
request the KCC to re-issue the license by indicating the reason.
(Criteria for Public Interests Examination)
Article 13
(1) The term "public interests as prescribed by the Presidential Decree" in the main text
of Article 6-3 (1) of the Act means the
maintenance of national security, public
peace and order.
(2) The term "critical management matters as prescribed by the Presidential Decree" in
Article 6-3 (1) 3 of the Act means the matters
falling under each of the following
paragraphs:
1. Appointment or dismissal of the CEO of a common carrier, or appointment or
dismissal of one third or more of its directors;
2. Transfer or acquisition of a common business; and
3. Launch of a new Common Business by a common carrier.
(3) The term "the case prescribed by the Presidential Decree" in Article
6-3 (1) 4of the
Act means the case where a de facto change in the management right of a
common carrier as it has been agreed among
stockholders who are not the largest
stockholder of a common carrier to jointly exercise their voting rights.
(Scope of Common
Carriers Subject to Public Interests Examination)
Article 14
The scope of common carriers subject to notification or request for review under Article
6-3 of the Act shall be any of the following
paragraphs:
1. The common carriers that operate or control the essential communication under
Article 64 (1);
2. The common carriers that own artificial satellites for which a space station is
deployed under subparagraph 30 Article 27 of the
Enforcement Decree of the
Radio Act; and 3. The common carriers that the KCC designates and announces
under Article 39 (2).
(Procedures for Public Interests Examination, etc.)
Article 15
(1) Any person who intends to notify or to request for the examination under Article
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6-3 (2) or (3) of the Act shall submit documents indicating the matters under the
following subparagraphs to the KCC:
1. Name and address of the notifier or applicant (in case of a corporation, the name
and address of the corporation and those of
its representative);
2. Purposes or reasons for the notification or application for the examination; and
3. Specific details of the fact falling under any of the subparagraphs of Article 6-3
(1).
(2) The KCC may request the submitted documents be supplemented within a given
period if it is deemed necessary.
(3) The Public Interest Review Committee shall notice the KCC of the matter requested
by the KCC to the Committee under Article
6-3 (4) of the Act within three months
after referred to the Committee, except for cases which involve extraordinary
reasons.
(4) The KCC shall notice the outcome of the public interest examination under
paragraph (3) to the notifier or applicant.
(Composition of Public Interests Review Committee)
Article 16
(1) The term "relevant central government agencies as prescribed by the Presidential
Decree" in main text of Article 6-4 (2) of
the Act means such agencies as those
falling under the following paragraphs:
1. The Ministry of Strategy and Finance;
2. The Ministry of Foreign Affairs and Trade;
3. The Ministry of Justice;
4. The Ministry of National Defense;
5. The Ministry of Public Administration and Security;
6. The Ministry of Knowledge Economy.
(2) The term of office of the committee members shall be two years and the
consecutive appointment
may be permitted. The term of office of the members who
are government employees shall be limited to their service period in the
current
position.
(Operation of Public Interest Review Committee)
Article 17
(1) The chairman of the Public Interest Review Committee shall represent the Committee
and control all its affairs.
(2) If the chairman is unable to operate his duties due to an inevitable reason, the
member the Chairman nominates in advance shall
act on his behalf.
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(3) The chairman shall convene and preside over the committee meetings.
(4) The committee shall start by the attendance of a majority
of all incumbent members
and shall resolve with a majority vote of those present.
(5) The committee shall have one secretary in
order to deal with its administrative
affairs, and the secretary shall be nominated by the chairman among the KCC
employees.
(6) Other necessary matters for the operation of the committee shall be determined by
the chairman with a resolution of the committee.
(Imposition and Payment of Periodic Penalty Payment, etc.)
Article 18
(1) The KCC determines the amount of periodic penalty payment referred to in Article
7-2 of the Act taking into account reasons
for not complying with the corrective
order, the amount of profit to be gained by that, etc.
(2) The dates of complying with the
corrective orders referred to in Article 7-2 (2) of
the Act shall be classified by the following paragraphs:
1. Date on which stock certificates are issued in the case where stock are to be
disposed of;
2. Date on which the terms of the contract are amended in the case where terms of
a contract are to be modified; and
3. Date on which the relevant act is suspended in the case where an act which
impedes public interests is to be suspended.
(3) To impose a periodic penalty payment as referred to in Article 7-2 of the Act, the
KCC shall notice, in writing, the amount
to be imposed per day, reasons for the
imposition, payment term, receiving agencies, methods and places to file an
objection.
(4) A person who has been noticed under paragraph (3) shall pay the periodic penalty
payment within 30 days from the date he receives
the notice: Provided, That when
he is unable to pay the periodic penalty payment within the period due to a
natural disaster or
other inevitable reasons, he shall pay it within 30 days from the
day on which the reason disappears.
(5) When the corrective order is not performed even after 90 days elapse from the
completing date set by the corrective order, the
KCC may collect the periodic
penalty payment on the day which every 90 days elapse by counting from the
completing date.
(6) Article 49 shall apply to the repeated demand for the periodic penalty payment.
(Modification of License)
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Article 19
(1) Any person who applies for an approval of a revision to its license for Common
business under Article 10 (2) of the Act shall
attach the documents of the following
paragraphs to its application for the revision approval to the KCC:
1. Addition of Common Service: business plan
2. Revision of essential matters of the license: Documents that verify the revised plan.
(2) The KCC shall announce instructions
for the license modification application
under Article 10 (1) the main text of the Act, such as the specific review criteria
for
approval of a revision for adding Common Service to the licensed service
categories, procedures and time for the application, relation
with the new license,
etc.
(4) "Common Service prescribed by the Presidential Decree" in the proviso clause of
Article 10 (1) of the Act refers to a service
of leasing telecommunications line
facilities under subparagraph 3 of Article 7. (4) "Essential matters prescribed by the
Presidential
Decree in Article 10 (2) of the Act refers to the matters related to
Article 12 (1) 8.
(Application for authorization of Acquisition or Merger, etc.)
Article 20
(1) Any person who intends to acquire the whole or part of a common business under
Article 13 (1) 1 of the Act shall attach the
documents of following subparagraphs to
its application for approval of acquisition of common business and submit them to
the KCC:
1. A copy of the transfer-acquisition contract;
2. Articles of incorporation of the transferor and transferee, and documentation
relating to the transfer and acquisition;
3. The shareholder's register of the transferee or other documents relating to the
stocks, etc. ownership of shareholders, etc;
4. Current business status of the transferor and transferee; and
5. Business plan after the acquisition.
(2) Any person who intends to merge with a corporation that runs a common business
pursuant
to Article 13 (1) 2 of the Act shall attach the documents of following
paragraphs to its application for authorization of acquisition
and merger of common
business and submit them to the KCC:
1. A copy of the merger agreement;
2. The Articles of incorporation and documentation relating to the merger of the
parties concerned ;
3. Shareholder's register or documents concerning stocks, etc. ownership of the
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shareholders, etc. of the corporation surviving the merger or being newly
established through the merger;
4. Current business status of the merging parties; and
5. Business plan after the merger.
(3) Any person who intends to sell telecommunications line facilities under Article 13 (1)
3
of the Act shall attach the documents of following paragraphs to its application
for authorization of sale of telecommunications
line facilities, and submit them to
the KCC:
1. Contract and other documentation relating to sale of telecommunications line
facilities;
2. The Articles of Incorporation of the seller and the buyer and other documentation
relating to the sale;
3. The shareholder's register of buyer's or documents concerning stocks, etc.
ownership of the shareholders, etc.;
4. Current business status of the seller and the buyer; and
5. Business plan after the sale.
(4) Any person who intends to hold 15/100 or more of the total issued shares of or to
become the
largest shareholder of a common carrier under Article 13 (1) 4 of the
Act shall attach the documents of following paragraphs to
its application for
authorization of holding shares issued by (or becoming the largest shareholder of) a
common carrier submitted
to the KCC:
1. A copy of stock acquisition agreement and other documentation relating to the
share acquisition;
2. The Articles of Incorporation of the person or corporation that intends to acquire
shares or become the largest shareholder, and
of the other party;
3. The current shareholding status of the person or corporation that intends to
acquire shares or become the largest shareholder,
and of the other party;
4. The current business status of the person or corporation that intends to acquire
shares or become the largest shareholder, and
of the other party;
5. The purposes, reasons and analysis on the effect of share acquisition;
6. Plan to appoint concurrent officers (limited to the cases where officers of the
buyer corporation plan to serve as (an) officer
of the seller corporation); and
7. Business plan after the acquisition of the shares(limited to the case where
becoming the largest shareholder)
(5) The government employee who receives an application for authorization of
acquisition, merger, share acquisition or modification
of the largest shareholder
under paragraphs (1) through (4) shall verify the digital corporate registration
register details of
the party who acquires, mergers, sells, or becomes the largest
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shareholder using the government administrative information under Article 21 (1) of
the e-Government Act. If the applicant does
not consent to the verification, he shall
be required to attach a official copy of corporate registration.
(6) The KCC shall issue
a license for common carrier when it approves the application
for acquisition or merger under paragraph (1) or (2).
(Criteria of
Main Telecommunications Line Facilities)
Article 21
"Main telecommunications line facilities prescribed by the Presidential Decree" in the
proviso clause of the main text of the Article
13 (1) of the Act shall refer to such
facilities for exchanging, transmission or line tracks under subparagraphs 8 through 10
of
Article 3 of the Regulations on Technical Criteria on Telecommunications Facilities,
whose total sale prices amount five billion
won or more.
(Notification on Sale of Telecommunications Line Facilities)
Article 22
Any person, who intents to notify the sale of telecommunications line facilities under the
proviso clause of the main text of Article
13 (1) of the Act, shall attach the documents
of following paragraphs to its notification on sale of telecommunications line facilities
and submit them to the KCC:
1. A copy of contract on sale of telecommunications line facilities and other related
documentation; 2. Types, contents and sale
prices of the telecommunications line
facilities subject to the sale
3. Plans for service provision and user protection after the sale.
(Foundation of Corporation for Providing Common Service)
Article
23
(1) Any person, who intends to obtain approval for founding a corporation to provide
part of the Common Service licensed under Article
13 (2), shall attach the
documents of following subparagraphs (including digital documents) to its
application for the approval
for the foundation of a corporation to provide Common
Service and submit them to the KCC: Provided, That such documents may be
omitted when they may be verified using the administration information network
under Article 21 (1) of the e-Government Act.
1. The Articles of Incorporation of the corporation to be founded;
2. The shareholder's register or other document concerning the stocks, etc. ownership
of shareholders, etc of the corporation to
be founded;
3. Current business status of Service to provide (limited to common carriers who
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already provide Service that they plan to provide by founding the corporation);
and
4. Business plan of the corporation to be founded.
(2) The KCC shall issue a license for common carrier when it approves the application
for founding a corporation under paragraph (1).
(Application for Suspension of Business, etc.)
Article 24
Any person, who intends to obtain approval for the suspension or discontinuance of a
business under Article 14 (1) of the Act, shall
submit the documents of following
subparagraphs to the KCC:
1. Details and a map of the zone of the business to be suspended or discontinued;
2. Documents indicating details of the main telecommunication facilities of the
business to be suspended or discontinued;
3. License (limited to the case when the whole business is discontinued) and
4. Statement indicating the reasons.
(Criteria, Procedure, etc. for Revocation of License)
Article 25
(1) Table 1 annexed shall indicate the criteria for dispositions revoking licenses or
registration, or suspending or discontinuing
a business under Articles 15 (2) or 28
(3).
(2) When the same Telecommunications carrier commits multiple violations, dispositions
shall be made according to the criteria under
the following paragraphs:
1. In the case where the criteria for the disposition on the heaviest violation suggest
the revocation of a license or discontinuance
of a business, the disposition shall
be the revocation of the license or discontinuance of the business; or
2. In the case where the criteria for the dispositions on each violation suggest the
suspension of business, the suspension periods
shall be added up. In this case,
the total aggregate period for the suspension shall not exceed one year.
(3) The KCC shall, in
the event that it has issued a disposition revoking a license or a
registration, suspending or discontinuing a business under paragraph
(1), promptly
announce thereof and notice, in writing, the relevant telecommunications carrier
thereof, without delay.
(Application for Registration)
Article 26
(1) To register a service-based business under Article 19 (1) of the Act, the applicant
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shall attach the documents of following paragraphs to its application for registration
of a service-based carrier(including a digital
document) and submit them to the
KCC:
1. The business plan for the service-based business;
2. The articles of incorporation of the applicant corporation (including a corporation
to be founded; the same hereinafter in this
Article);
3. Details, locations and communication network topology of main facilities for the
business ;
4. Terms and conditions including details related to user protection (including matters
concerning the total amount of prepaid call
cards to be issued), current status of
establishment of user protection agencies and plans for the operation, ; and
5. A copy of guarantee insurance policy.
(2) The government official who receives an application under paragraph (1) shall verify
the corporate registration register details and national technical qualification
certificates of the technical personnel using
the administration information network
under Article 21 (1) of the e-Government Act; Provided, That when the applicant
does not
consent to such online verification, he shall submit the relevant documents
(a copy in the case of national technical qualification
certificates).
(Issuance of Registration Certificate)
Article 27
(1) The KCC shall, upon receipt of an application for registration under Article 26 (1),
verify whether the applicant satisfies
the registration requirements under Article 28,
record all the matters of the following paragraphs in the register of service-based
carriers and issue the registration certificate of a service-based carrier within thirty
days from the date receiving the application
to the applicant:
1. Number and date of registration;
2. Trade name, title or representative's name;
3. Location of principal office;
4. Paid-in capital;
5. Types of services to provide;
6. Details and locations of main service facilities for the business;
7. Matters concerning technical personnel;
8. Registration Conditions; and
9. Total amount of prepaid call cards to be issued (limited to a service-based carrier).
(2) When the registration application under
Article 26 requires supplement or correction,
the KCC may request such supplement or correction within seven days if it is
deemed
necessary, and may also extend the period for such supplement or
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correction as requested by the applicant. In this case, the period spent for such
supplement or correction shall not be included
in the period under paragraph (1)
for handling such supplement or correction.
(3) The service-based carrier may request the KCC to re-issue its issued registration
certificate under paragraph (1) when it is
lost or worn out.
(Requirements for Registration of Service-based business)
Article 28
Table 2 annexed shall indicate the requirements for registration of a service-based
business under Article 19 (4) of the Act.
(Procedure for Notification of Value-Added business)
Article 29
(1) Any person who intends to notify its value-added business under the main text of
Article 21 of the Act shall submit to the KCC
the notification form of value-added
business (including a digital notification form) attaching a diagram of communication
networks
(including a digital document, but limited to the cases where a new type
of value-added service is notified, which, deeming it necessary,
is requested by the
KCC ).
(2) The government official who receives a notification under paragraph (1) shall verify
the corporate registration register details
using the joint use of the administration
information under Article 21 (1) of the e-Government Act; Provided, That if the
applicant
does not consent to such verification, he shall attach the document.
(3) When the notification details under paragraph (1) have
defects or need further
documentation, the KCC may request the correction or supplement within seven
days, or may extend the period
for such supplement as requested by the applicant.
(4) The KCC shall issue a certificate of notification for value-added business
to the
applicant when a value-added business is notified under paragraph (1). (5) The
value-added carrier may request the KCC to
re-issue its certificate of notification
issued under paragraph (4) when it is lost or worn out.
(Exemption from Notification of
Value-Added Service Operator)
Article 30
(1) "A small scale value-added business satisfying the criteria under the Presidential
Decree"in the proviso clause of Article 21
of the Act shall mean a value-added
carrier providing Value-added Services using the Internet who satisfies all of the
following
paragraphs:
1. When the paid-in capital is 100 million won or less; or
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2. When the size of telecommunications facilities corresponds to the criteria
announced by the KCC.
(2) A value-added carrier who did not notify under paragraph (1) shall notify pursuant
to the main text of Article 21 within one
month from the day a reason arose when
he comes to fail falling under any of the subparagraphs of paragraph (1) above.
(Revision
of Registered or Notified Matters)
Article 31
(1) "Matters prescribed by the Presidential Decree" in Article 22 of the Act shall mean
the matters under the following paragraphs:
1. Trade name, title or address;
2. Representative;
3. Types of services to provide;
4. Paid-in capital (limited to the cases of service-based carriers); and
5. Total amount of prepaid call cards to be issued (limited to the cases of a
service-based carrier).
(2) To revise any matters under the subparagraphs of paragraph (1), the applicant shall
attach documents that help verify such revisions
(including digital documents) to the
application for revision to registration of service-based business(or application for
revision
to notify of value-added business) (including digital documents) submitted
to the KCC.
(3) The KCC shall issue a registration or certificate of notification indicating the revisions
when it registers or accepts them
based on applications for request or notification
of change of registration details under paragraph (2).
(4) The government official
who receives an application for notification of modification
of registration details under paragraph (2) shall verify the corporate
registration
register details(limited to the cases when any revision is being made to the trade
name, title, address, representative
or paid-in capital of the corporation) or tax-payer
registration details (limited to cases when any revision is being made to the
trade
name, title, or address of an a sole proprietor) using the administrative information
network under Article 21 (1) of the
e-Government Act; Provided, That if the
applicant does not consent to such verification, he shall attach the relevant
documents.
(Notification of Transfer or Acquisition of Business, etc.)
Article 32
(1) To notify the transfer or acquisition of a service-based business or value-added
business under Article 25 of the Act, the applicant
shall submit its application for
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transfer or acquisition (including online digital report) to the KCC together with the
documents of following paragraphs (including
online digital report):
1. A copy of the transfer or acquisition contract;
2. Documents of each subparagraph of Article 26 (1) or supporting documents under
Article 29 (1); and
3. Registration Certificate or Certificate of Notification
(2) To notify the merger of a service-based business or value-added business
under
Article 25 of the Act, the applicant shall submit his merger notification form
(including online digital notification form)
to the KCC together with the documents
of following paragraphs (including online digital documents):
1. A copy of the merger agreement;
2. Documents of each subparagraph of Article 26 (1) or supporting documents under
Article 29 (1); and
3. Registration certificate or certificate of notification.
(3) To notify the succession of a value-added business under Article
25 of the Act, the
applicant shall submit its succession notification form (including online digital
notification form) to the
KCC together with the documents proving it is the
successor (including online digital documents).
(4) The government official who receives a notification under paragraph (1) through (3)
shall verify the corporate registration
register details of the transferee, or merger
party (i.e. the surviving or newly founded corporation), national technical qualification
certificates, and the family register of the successor using the administration
information network under Article 21 (1) of the
e-Government Act. When the
applicant does not consent to such online verification, he shall submit such
documents (a copy in case
of national technical qualification certificates) in
hardcopy.
(5) The KCC shall issue a registration certificate of a service-based business or certificate
of notification for a value-added
business to the applicant when the transfer,
acquisition or merger of a service-based carrier or value-added business is accepted
under paragraph (1) or (2).
(Notification of Suspension or Discontinuance of Business)
Article 33
To notify the suspension or termination of a service-based business or value-added
business or the dissolution of the corporation
that is a service-based carrier or a
value-added carrier, the applicant shall submit its notification of suspension,
discontinuance
or dissolution on a service-based(or value-added) business (including
online digital notification) to the KCC together with a document
that certifies the users
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have been notified of the service suspension or discontinuance; Provided, That, such
documents may be omitted when they may be verified
using the administration
information network under Article 21 (1) of the e-Government Act.
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CHAPTER TELECOMMUNICATIONS OPERATION
(Authorization of Terms and Conditions)
Article 34
(1) The common carrier shall obtain authorization of its terms and conditions for those
services falling under any of the following
paragraph pursuant to the proviso clause
of Article 29 (1) of the Act:
1. Turnovers of service in the preceding year exceed the amount announced by the
KCC for different service categories among those
services that are provided by the
common carrier who has the largest market share based on its domestic turnovers
amount by service
category in the preceding year; or
2. The service falling under subparagraph 1 that is provided by a common carrier
when its business is combined with another common
carrier that provides a
service falling under subparagraph 1, pursuant to Article 12 (1) 1 or 4 of the
Monopoly Regulation and
Fair Trade Act.
(2) The KCC shall designate and announce the common carriers and services that fall
under paragraph (1) by the end of June each
year: Provided, That the KCC shall
designate and announce the Common carriers and services that fall under paragraph
(1) 2 without
delay after the day the business is combined under the same
subparagraph.
(3) Notwithstanding the provision of paragraph (1) concerning the authorization of
changes to Terms and Conditions, a Common carrier
may notify to the KCC on
minor matters to modify which are prescribed by the KCC.
(Application for Authorization of Terms and Conditions
etc,)
Article 35
To notify or obtain authorization of the Terms and Conditions for Telecommunications
Service (including notification or authorization
of modification of registration details)
under Article 29 (1) of the Act, the applicant shall submit its Terms and Conditions
including
matters falling under the following to the KCC together with supporting data
for calculation of the service rates under Article
29 (6) of the Terms and Conditions Act:
1. Types and contents of the Telecommunications Service;
2. Zones where the Telecommunications Services are provided;
3. Telecommunications Service rates, including charges and net cost;
4. Matters concerning the responsibility of the telecommunications carrier and its
users; and
5. Necessary matters for provision or use of the Telecommunications Service.
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(Services Subject to Discount or Exempt Rates)
Article 36
Telecommunications Service subject to the discount or exempt rates under Article 32 of
the Act shall be as in the following paragraph:
1. Telecommunications Service for the communications concerning the rescue from
danger to human life and property, and from disaster,
or for the communications
of the disaster victims;
2. Telecommunications Service by the whole or part of lease line services used by
such agencies responsible for military, public
order and national security when
such leased lines and a part of in-house communication networks belonging to
the Nation, local
governments or government-sponsored institutions are integrated
into the telecommunications network of a common carrier;
3. Telecommunications Service for communication required for military operations in
wartime;
4. Telecommunications Service for newspapers and news service under the Act on
Freedom and Service Guarantee of Newspapers, and news
reports by broadcasting
stations under the Broadcasting Act;
5. Telecommunications Service for required communications for promoting the use
and growth of information and communications service;
6. Telecommunications Service for communications by Any person who needs
protection for the improvement of social welfare;
7. Telecommunications Service for communications required for the promotion of
interchange and cooperation between North and South
Korea; and 8.
Telecommunications Service for communication specially required for the operation
of postal and telegraphic services.
(Provision of Transmission or Line Facilities, etc.)
Article 37
A system operator, network operator, or relay operator under the Broadcasting Act may
provide their transmission and line facilities
or cable broadcasting facilities (hereinafter
referred to as the "transmission or line facilities etc.") to a Common carrier, pursuant
to
Article 32-4 (1) of the Act, by means falling under any of the following paragraphs:
1. Sale or lease of transmission or line facilities, etc.;
2. Third-party performance of the call or switching operations, etc. by using
transmission or line facilities, etc.; or
3. Methods corresponding to subparagraphs 1 and 2, which are determined through
consultation between a system operator, network operator,
or relay operator and
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the common carrier.
CHAPTER PROMOTION OF COMPETITION OF TELECOMMUNICATIONS BUSINESS, etc.
(Criteria, Procedures and Methods of Assessment of Competition
Status)
Article 38
(1) All of the following paragraphs shall be considered to determine the unit market in
order to assess the competition status under
Article 33-4 (2) of the Act:
1. Demand substitutability, supply substitutability of services;
2. The geographic scope of the service provision;
3. Transaction stages for service provision, including retail (referring to the transaction
between the telecommunications carrier
and the end-user of the service provided
by the telecommunications carrier ) and wholesale (referring to the transaction
when the
telecommunications facilities, etc. originally installed for providing retail
service are provided to another telecommunications
carrier); and
4. Characteristics of the users, including differences in purchasing or negotiating
power or peculiarity of demand, etc.
(2) The assessing the state of competition shall operate by considering all the matters
synthetically under the following paragraphs
for the unit market determined under
paragraph (1):
1. Market structure such as market share and entry barriers, etc.;
2. The user's countering ability, including easiness of obtaining information on service
use and switching the service provider,
etc.; 3. Behaviors of the
telecommunications carriers, including levels of rates and quality competition or
level of technology
innovation, etc.; and 4. Market performance, including rates
and quality levels, the size of excess margin of the telecommunications
carrier, etc.
(3) The KCC may seek opinion from experts or stakeholders if it is deemed
necessary to assess the competition status.
(Criteria of Common carriers)
Article 39
(1) "Common carriers meeting the criteria prescribed by the Presidential Decree" in
Articles 33-5(2)2, 34(3)2, 34-3 (3)2 or 34-4(3)2
shall refer to the carriers whose total
domestic turnovers occupy 50% or more of market share as the case their turnovers
in the
preceding year exceed the amount the KCC announces by services.
(2) The KCC shall designate and announce the common carriers falling
under Articles
33-5(2), 34(3), 34-3(3) or 34-4(3), by the end of June each year.
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(Notification of Agreements on Interconnection, etc.)
Article 40
(1) The applicant shall submit the documents of following paragraphs to the KCC to
notify or obtain an authorization of an agreement
on a provision, a joint utilization,
an interconnection, a joint use of telecommunications facilities or information
provision
or the revision or termination of such an agreement under Article 34-6 (1)
or (2) of the Act:
1. A copy of the agreement;
2. Documents indicating the amount payable or chargeable by the parties, and its
settlement method, and the methods for implementation
of the agreement;
3. Documents indicating the conditions for the provision, joint utilization,
interconnection, joint use of Telecommunications facilities
or provision of
information, or the costs of such an agreement;
4. Drawings outlining of the provision, joint utilization, interconnection, joint use of
Telecommunications facilities or provision
of information; and
5. Documents comparing the new and old agreements (limited to the cases when an
application is made for notification or authorization
of a revised agreement). (2)
The KCC shall examine the documents received under paragraph (1) to determine
if their contents satisfy
the criteria concerning the provision, joint utilization,
interconnection, joint use of Telecommunications facilities or provision
of
information under Article 33-5 (3), 33-7 (3), 34 (2), 34-3 (2), or 34-4 (2) of the
Act.
(3) The KCC shall examine the documents received under paragraph (1) pursuant to
Article 21 (3) of the Framework Act on Telecommunications
to determine if the
details fit the criteria under Article 33-5 (3) of the Act and if the provided in-house
telecommunications
facilities are installed for use for in-house private
telecommunications.
(Report of Prohibited Acts)
Article 41
(1) Any person may request the KCC to take measures falling under any of the
paragraphs of Article 37 (1) of the Act by notifying
the fact if he believes a
prohibited act has been committed in violation of Article 36-3 (1). (2) To report
under paragraph (1),
the documents of following paragraphs shall be submitted to
the KCC:
1. The name (corporation name and representative's name in case of a corporation)
and address of the person who reports;
2. The trade name or title (representative's name in case of a corporation) and
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address of the person reported;
3. Details of the prohibited act; and
4. Necessary measures to correct the prohibited act.
(2) The KCC may request the reporting documents that are submitted under paragraph
(2) be supplemented within a given period if it is deemed necessary.
(3) The KCC may seek opinion from experts or stakeholders
if it is deemed necessary to
assess the competition status.
(Types and Criteria of Prohibited Acts)
Article 42
(1) The types and criteria of the prohibited acts under Article 36-3 (3) of the Act shall
be indicated in Table 3 annexed.
(2) The KCC may announce detailed criteria for the types and criteria of the prohibited
acts under the provisions of paragraph (1),
if it is deemed necessary to apply them
to specific Telecommunications fields or prohibition acts.
(Investigation of Facts)
Article 43
A public official who intends to visit and investigate an office and business premises of
a telecommunications carrier or a business
premises of a person who is entrusted with
the telecommunications carrier's operation pursuant to Article 36-5 (2) of the Act shall
allow concerned parties of the relevant office or business premises to attend such
investigation.
(Measures on Prohibited Acts)
Article 44
The "other matters as prescribed by the Presidential Decree to be necessary for
measures under subparagraphs 1 through 9" in Article
37 (1) 10 of the Act refer to the
matters under the following paragraphs:
1. Submission of an performance plan necessary for measures under subparagraphs 1
through 9 of Article 37 (1) of the Act; and
2. Reporting on the performance of the measures under subparagraphs 1 through 9
of Article 37 (1) of the Act.
(Performance Period of Corrective orders)
Article 45
The period in which the telecommunications carriers shall comply with corrective orders
by the KCC under Article 37 (2) of the Act
shall be indicated in Table 4 annexed.
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(Offenses Subject to Imposition of Penalty Surcharge and Its Amount)
Article 46
The categories of offenses subject to penalty surcharge under Article 37-2 (3) of the
Act, statutory maximum penalty surcharge on
them and the criteria for its calculation
shall be indicated in Table 5 annexed.
(Calculation Method for Penalty Surcharge)
Article 47
(1) The "turnovers to be prescribed by the Presidential Decree" in the main text of
Article 37-2 (1) of the Act means the average
annual turnovers for three preceding
business years of the Telecommunications Service related to the prohibited acts
committed
by the relevant telecommunications carrier; Provided, That if three years
have not elapsed since the commencement of business as
of the first day of the
relevant business year, it shall mean the amount by converting the turnovers from
the commencement of the
business to the end of preceding business year into
average annual turnovers, and if the business is commenced in the business year,
it
shall mean the amount by converting the turnovers from the commencement of
business to the date of offense into average annual
turnovers.
(2) "when the turnovers is unavailable or difficult to calculate as prescribed by the
Presidential Decree" in the proviso
clause of Article 37-2 (1) of the Act means cases
falling under any of the following paragraphs:
1. When the business has not been initiated or when there are no actual sales
occurred due to sales suspension, etc.; or
2. Other cases when it is difficult to objectively calculate the turnovers.
(Imposition and Payment of Penalty Surcharge)
Article 48
(1) To impose a penalty surcharge under Article 37-2 of the Act, the Communications
Committee shall notify the subject person of
the payment thereof clarifying in
writing the offense, the imposed penalty surcharge amount, the protest filing
method and period,
etc. after investigating and confirming the relevant offense.
(2) Any person who has been noticed as referred to in paragraph (1)
shall pay the
penalty surcharge to the designated Financial institution by KCC within 20 days from
the date he receives the notice;
Provided, That when he is unable to pay the
penalty surcharge within the period due to a natural disaster or other inevitable
reasons,
he shall pay it within 7 days from the date on which the reason
disappears.
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(3) The Financial institution that receives a penalty surcharge under paragraph (2) shall
issue a receipt to the person who has
paid it.
(Demand for Payment of Penalty Surcharge)
Article 49
(1) A demand under Article 37-2 (5) of the Act shall be made in writing within 7 days
from the day when the initial payment due
date elapses.
(2) When a demand notice is issued under paragraph (1), the extended payment due
date of any penalty surcharge in
arrear shall be 10 days or less from the day when
such demand notice is issued.
(Services Subject to Pre-selection)
Article 50
"Telecommunications Service prescribed by the Presidential Decree" in the latter part of
Article 38-3 (1) of the Act shall refer
to long distance calls.
(Provision of Directory Service)
Article 51
(1) Telecommunications carriers that provide directory service under Article 38-6 (1) of
the Act may provide the information of
the following paragraphs:
1. Name in full or trade name of the users;
2. Phone number of the users; and
3. Address of the users up to eup, myeon, or dong level.
(2) The telecommunications carriers shall obtain the users' consent to the
directory
service in a way which enables their identity authentication and the proof of their
consent at a later date via their
signature or digital signature, etc.
(3) The users may withdraw their consent under paragraph (2) at any time, and the
telecommunications
carrier shall, without delay, take necessary actions to discontinue
the directory service for the users who have withdrawn their
consent to the
directory service; Provided, That, in case of a booklet, this shall not apply to cases
when the user fails to express
his withdrawal 30 days before its publication.
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CHAPTER PROTECTED OF TELECOMMUNICATIONS FACILITIES
(Designation of Territorial Zone for Submarine Cable, etc.)
Article 52
(1) The Common carrier shall submit the documents of following paragraphs to the KCC
to apply for the designation of a territorial
zone for its submarine cable under
Article 50 (3) of the Act:
1. Necessity of the territorial zone designation; and
2. The section and width of the territorial zone (referring to the indication by latitude
and longitude coordinates).
(2) The KCC may request the Common carrier that requested for the designation of a
territorial zone for its submarine cable to submit
the documents of following
paragraphs in addition to those under paragraph (1) if required to designate the
territorial zone.
(3) The KCC shall seek the opinion of the head of the relevant National government
agencies under Article 50 (4) of the Act by forwarding
the data submitted under
paragraphs (1) and (2).
(4) The KCC shall notice the applicant Common carrier of whether a territorial zone is
designated not within 60 days from the date
of application unless there exists a
certain unusual situation, and in the event that a territorial zone of a submarine
cable is
designated, shall, without delay, announce it.
(5) When the KCC announce the submarine cable territorial zone designated under
paragraph (4), the Common carrier shall publish its location on its Web site, etc.
and may also install buoys and other zone markers
in the designated zone.
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CHAPTER SUPPLEMENTARY PROVISIONS
(Protection of Confidential Information concerning Communication)
Article 53
(1) The telecommunications carrier shall maintain the communication data provision log
under Article 54 (5) of the Act for one year.
(2) The status of communication data provision shall be reported and notified within 30
days from the end of each half year as provided
under Article 54 (6) and (7) of the
Act, respectively.
(3) The "organization exclusively responsible for duties related to confidential information
on user communication" (hereinafter
referred to as "exclusive organization") in Article
54 (8) shall perform the functions under the following paragraphs:
1. General supervision of operations concerning the protection of confidential
information on user communications;
2. Prevention of illegal or unfair acts by the telecommunications carrier's employees
or third-parties infringing confidential information
on user communications;
3. Reporting the status of communication data provision under Article 54 (6) of the
Act;
4. Noticing the details of communication data provision logs under Article 54 (7) of
the Act;
5. Handling of complaints or suggestions raised by the users concerning confidential
information on communications;
6. Education of the employees responsible for operations concerning confidential
information on communications; and
7. Other things necessary to protect confidential information on users communication.
(4) The exclusive organization shall be established
in the headquarter with an
executive-level employee from the telecommunications carrier as being the head of
the organization.
(5) The Decision Makers under Article 54 (9) shall include a judge, prosecutor, grade IV
or higher officials (including grade V
officials in cases when a grade V government
employee serves as chief of an investigation or information investigation agencies)
of investigation agencies (including military investigation units, national or regional
tax office; the same hereinafter) or Information
investigation agencies, general service
government employees belonging to Senior Civil Service Corps: Provided, That in
cases of
national or marine police, it shall include government officials of police
senior superintendent or higher ranks (including superintendents
in the case when a
superintendent serves as the head of the unit agency), and in cases of military
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investigation units, it shall include prosecutors or officers of lieutenant colonel or
higher ranks (including majors if a major
serves as the head of the unit).
(6) Documents under Article 54 (9) of the Act shall indicate the job grade and name in
full of
the person who approves them; Provided, That in cases of intelligence
investigation agencies under subparagraph 6 of Article 2 of
the Regulations on the
Planning and Coordination of Intelligence and Security Operations, only the job
grade of the approving authority
may be indicated, and in cases of courts, both the
job grade and name in full of the approving authority shall be indicated.
(Notice
of Caller Identification, etc.)
Article 54
(1) The telecommunications carrier shall not impose any charges on a transmitter who
expresses his refusal to transmitting his phone
number as provided in the latter part
of Article 54-2 (1) of the Act.
(2) Any person who wants to be informed of the transmitter's phone number under
Article 54-2 (2) of the Act shall request to the
telecommunications carrier in writing
by attaching materials falling under any of the following which may verify a specific
fact
that he has been bothered with abusive words, intimidation or harassment
("telephone intimidation etc." hereinafter in this Article):
1. Materials that record the date and details of telephone intimidation etc. in writing;
2. Tape, etc. that recorded the details of telephone intimidation etc.;
3. Documents evidencing crime reports made to a police office on telephone
intimidation etc.;
4. Supporting data evidencing counseling with a counseling center on damages by
telephone intimidation etc.; and
5. Other materials or data equivalent to those under paragraphs (1) through (4). (3)
"Cases prescribed by the Presidential Decree"in
Article 54-2 (2) of the Act shall
refer to cases of telephone service use under the following subparagraphs:
1. Telephone for reporting international terrorism (111);
2. Telephone for reporting crimes (112);
3. Telephone for reporting spies and international crimes (113);
4. Telephone for reporting or counseling on cyber terrorism (118);
5. Telephone for reporting fire or disaster (119);
6. Telephone for reporting marine accident or crimes (122);
7. Telephone for reporting smuggling (125); and
8. Telephone for reporting drug-related crime (127).
(Restriction and Suspension of Operations)
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Article 55
(1) When the KCC orders a telecommunications carrier to restrict or suspend the whole
or part of telecommunications operation under
Article 55 of the Act, the KCC may
allow for calls to be made through, depending on the scope and degree of such
restriction or
suspension, in the order listed below for specific tasks.
1. The first priority
a. National security;
b. Military and security affairs;
c. Civil defense alert; and
d. Radio management
2. The second priority
a. Disaster relief;
b. Telecommunications, navigation safety, weather, fire fighting, power, gas,
water, transportation and press;
c. Services of the central and local governments other than those under a. or
b.; and d. Operations of the foreign diplomatic establishments
or UN
agencies.
3. The third priority
a. Operations of agencies subject to control of resources or defense companies;
and
b. Operations of the government-sponsored institutions or medical care
institutions.
4. The Fourth priority: Operations others than those under subparagraphs 1 through
3.
(2) Telecommunications operation restricted or suspended under paragraph (1) shall be
limited to the minimum necessary for securing
important communications.
(3) The telecommunications carrier shall, without delay, report to the KCC of the details
when he restricts
or suspends the whole or part of his telecommunications
operation.
(Approval of International Telecommunications Operation)
Article 56
(1) The "international telecommunications operation as prescribed by the Presidential
Decree" in Article 59 (2) of the Act means
the operations falling under any of the
following paragraphs:
1. Installation and lease of a satellite for providing international Telecommunications
Service; and
2. Trans-boundary provision of Common Service under Article 59-2 of the Act.
The Enforcement Decree of The Telecommunications Business
Act
- 34 -
(2) Any person who intends to obtain approval under Article 59 (2) of the Act shall
submit the documents of following paragraphs
to the KCC:
1. A copy of the agreement or contract;
2. Comparison table between the new and old agreements or contracts (limited to
cases when an application is filed for approval of
their revision); and
3. Documents certifying that the agreements or contracts have been terminated
(limited to cases when an application is filed for
approval of their termination).
(Revocation of Approval of Contract on Cross-Border Provision of Common Service)
Article 57
(1) The following paragraphs are the criteria for the revocation of approval of a contract
for cross-border supply of Common Service
or for the suspension of cross-border
provision of Common Service under Article 59-2 (3) of the Act:
1. In case of the first violation: Service suspension or suspension of subscriber
recruitment for up to six months.
2. In case of 2nd violation: Approval revoked.
(2) The KCC shall announce the details of its disposition for revocation of approval
or
suspension of service under paragraph (1) and shall so notice the
telecommunications carrier of the same in writing.
(Report
of Statistics)
Article 58
(1) The telecommunications carrier shall report the following types of statistics to the
KCC pursuant to Article 62 (1) of the Act:
1. Status of Telecommunications facility: Line, switching, transmission or power supply
facilities by service.
2. Status of use of telecommunications: Turnovers and number of calls by service,
distance stage, period, time zone, country (including
performance by foreign
telecommunications carrier), call zone and between call zones.
3. Status of telecommunications users: Number of subscribers by service, city or
province or call zone.
4. Data related to call volumes: Data related to call volumes by service, distance
stage, period, hour, city or province, country
(including call volumes by foreign
telecommunications carrier), call zone and between call zones; and provision of
facilities and
interconnection related mutual settlement data.
5. Accounting related data: Accounting related data, including business reports
prepared by provision businesses and by services.
6. Monthly total of prepaid
calling service and details of calling service usage received from users (limited to
The Enforcement
Decree of The Telecommunications Business Act
- 35 -
Service-based carriers).
(2) The KCC shall determine the preparation format, submission methods, report period
and other necessary matters for the statistics
under paragraph (1).
(Submission of Data)
Article 59
(1) The Common carriers under Article 62 (2) of the Act and their shareholders shall
submit the documents of following paragraphs
to the KCC:
1. Status of the issued shares by the corporation (including equity stocks; the same
hereinafter);
2. Status of stock holding by the shareholders (including equity shareholders; the
same hereinafter) who hold shares issued by corporation
and their specially
interested person (including equity shares; the same hereinafter);
3. Purpose of stock holding and reasons for revisions (limited to the shareholders of
Common carriers);
4. Date the shareholders under subparagraph 2 acquire shares and details of funds
used for the share acquisition (limited to the
shareholders of Common carrier);
5. Types of shareholding (limited to the shareholders of Common carrier); and
6 Supporting documents related to the matters of subparagraphs
1 through 5
(2) Those carriers who are required to submit documents under paragraph (1) shall
submit the relevant documents to
the KCC within the due date provided under the
following paragraphs:
1. Within 30 days from the closing of shareholder's register in case of Common
carrier whose shares are listed on Korea Stock Exchange
or registered on KOSDAQ
under Article 2 (13) or (15) of the Securities Exchange Act; or
2. By January 30th each year in case of Common carrier who does not fall under
subparagraph 1.
(Methods for Calculation of Penalty Surcharge)
Article 60
(1) The "turnovers calculated as prescribed by the Presidential Decree" in the main text
of Article 64 (1) of the Act means the
average annual sales for three preceding
business years of the Telecommunications Service of the relevant telecommunications
carrier:
Provided, That if three years have not elapsed since the commencement of
business as of the first day of the relevant business year,
it shall mean the amount
by converting the turnovers from the commencement of the business to the end of
preceding business year
into average annual sales, and if the business is
commenced in the business year, it shall mean the amount by converting the
The
Enforcement Decree of The Telecommunications Business Act
- 36 -
turnovers from the commencement of business to the date of offenses subject into
average annual sales.
(2) "When the turnovers is unavailable or difficult to calculate as prescribed by the
Presidential Decree" in the proviso clause
of Article 64 (1) of the Act means cases
falling under any of the following paragraphs:
1. When actual sales is unavailable since business was not started or suspended, etc.;
or
2. When the telecommunications carrier has refused the submission of data for
calculating the turnovers or has submitted false data;
or
3. Other cases when it is difficult to objectively calculate the turnovers amount.
(Offenses Subject to Imposition of Penalty Surcharge
and Its Amount)
Article 61
(1) The categories of offenses subject to the imposition of a penalty surcharge and its
amount to be imposed under Article 64 (2)
of the Act shall be indicated in Table 6
annexed .
(2) To determine the amount of a penalty surcharge pursuant to paragraph (1), the KCC
shall consider the peculiarities of telecommunications
business provided, level of
offenses, and their frequency, etc.
(3) Articles 48 and 49 of the Act shall apply to the imposition, payment and demand
for payment of a penalty surcharge under Article
64 of the Act.
(Extension of the Payment Due Date and Installment Payments of Penality Surcharge)
Article 62
(1) Any person who intends to apply for the extension of a penalty surcharge payment
due date or for its installment payments under
Article 64-2 of the Act shall file an
application with the KCC with documents certifying reasons for the extension of
payment due
date or installment payments no later than ten days prior to the
relevant payment due date.
(2) The "amount as prescribed by the Presidential Decree" in the first part of the main
text of Article 64-2 (1) of the Act means
the amount by multiplying the turnovers
under Article 47 by 1/100, or 300 million won
(3) Any extension of the Payment Due Date under Article 64-2 of the Act shall not
exceed one year from the day following the relevant
payment due date.
(4) The intervals between and their frequency of installment payments under Article 64-2
of the Act shall not
exceed four months and the three times, respectively.
(5) The KCC may collect the penalty surcharge in a lump sum revoking its approval
for
extension of payment due date or installment payments if the person who has been
The Enforcement Decree of The Telecommunications
Business Act
- 37 -
permitted under Article 64-2 of the Act to pay in an extended payment due date or
in installments comes to fall under any of the
following paragraphs:
1. When he fails to pay the penalty surcharge within the payment due date though
its installment payments have been decided;
2. When he fails to comply with the KCC order for the change of a collateral or
other orders for preserving a security; or
3. When it is deemed that the whole or remainder of a penalty surcharge is
uncollectable because of a mandatory enforcement, commencement
of open sale,
adjudication of bankruptcy, dissolution of a corporation or Delinquent account
procedure on national or local taxes
in arrears or similar reason.
(Classification and Appraisal of Collaterals, etc.)
Article 63
Articles 29 through 34 of the National Tax Act and Articles 13 through 17 of its
Enforcement Decree shall apply to the collaterals
provided under Article 64-2 of the Act
(Important Communications)
Article 64
(1) The "Important Communications" in Article 65 (2) 3 of the Act means the following
paragraphs:
1. Communications related to government operations for military security affairs,
public peace and order, civil defense alarm transmission
and radio wave control;
or
2. Other communications announced by the KCC in order to efficiently perform the
government operations.
(2) The Government may grant a subsidy to the expenses required for the deployment
and management of the important telecommunications
in order to secure the
important communications under paragraph (1).
(Entrustment of Authority)
Article 65
The KCC shall entrust the authority falling under the following paragraphs to the
Director of the Central Radio Management Office
pursuant to Article 68 (1) of the Act:
1. Registration of a service-based business under Article 19 (1) of the Act;
2. Acceptance of notification of a value-added business under the main text of
Article 21 of the Act;
3. Acceptance of a revised registration of a service-based business and of a revised
notification of a value-added business under
Article 22 of the Act;
The Enforcement Decree of The Telecommunications Business Act
- 38 -
4. Acceptance of notification of the transfer or acquisition of a service-based business
or a value-added business, and of the merger
or succession of a corporation
under Article 25 of the Act;
5. Acceptance of notification of the suspension or discontinuance of a service-based
business or a value-added business, and of dissolution
of a corporation, under
Article 27 of the Act; or
6. Registration revocation or order of suspension of a service-based business under
Article 28 (1) of the Act;
7. Order of discontinuance or suspension of a value-added business under Article 28
(2) of the Act;
8. License for felling or transplanting plants under the first part of Article 42 (3) of
the Act.
9. Hearing on disposition for registration revocation of a service-based business or
on discontinuance order of a value-added business
under Article 63 (2) of the Act;
10. Imposition and collection of a penalty surcharge under Article 64 of the Act or
extension of the payment term or permission for
installment payment under
Article 64-2 of the Act; Provided, That Common carrier are excluded.
11. Corrective order under Article 65 (1) of the Act; Provided, That Common carrier
are excluded.
12. Orders of discontinuing the provision of Telecommunications Service or the
removal of telecommunications facilities under Article
65 (3) of the Act; Provided,
That Common carrier are excluded.
13. Imposition and collection of a fine under Article 78 of the Act; Provided, That
Common carrier are excluded.
The Enforcement Decree of The Telecommunications Business Act
- 39 -
ADDENDA
Article 1
This Decree shall enter into force on the date of its promulgation.
(Transitional Measures on Financial Guarantee Insurance)
Article
2
The guarantee insurance of a service-based carrier purchased pursuant to the previous
provisions at the time the Ministry of Information
and Communication Ordinance No.
111 Amendment to the Telecommunications Business Act Enforcement Decree is valid
shall be considered
to have been purchased pursuant to this Decree till its expiry
notwithstanding the amended provisions under Table 2 annexed.
(Transitional
Measures on Beneficiaries of Rate Discount or Exemption Telephone Service)
Article 3
Any person who is entitled to rate discounted or exempted telephone service under
Article 2-2 (2) 4 a of the previous provisions
of the Enforcement Decree of the
Telecommunications business Act at the time the Ministry of Information and
Communication Ordinance
No. 141 Amendment to the Telecommunications Business
Act Enforcement Decree is valid shall be considered to be entitled to the
rate discount
or exemption telephone service under this Decree.
(Exceptions to Bundling)
Article 4
The amended provisions of Table 3 IV 6 shall apply to only the Telecommunications
Service of the Common carrier (including Telecommunications
Service provided by a
service-based business or a value-added business operated by the Common carriers)
starting from 10 March
2007.
(Transitional Measures on License or Registration)
Article 5
(1) A value-added carrier who provides transmission Service under the amended
provisions of subparagraph 1 of Article 3 of the Enforcement
Decree of the
Telecommunications Business Act at the time when the Ministry of Information and
Communication Ordinance No. 227,
partial amendment to the Telecommunications
Business Act Enforcement Decree shall obtain license for Common carrier under
The Enforcement
Decree of The Telecommunications Business Act
- 40 -
Article 5 of the Act from the KCC or register with the KCC as a service-based
carrier under Article 19 of the Act no later than
14 December 2009.
(2) The registration criteria concerning the financial ability under the amended provisions
of Article 28 and
Table 2 annexed shall not apply to the telecommunications carrier
who needs to newly register their service-based business under
paragraph (1) till 14
December 2009.
(Transitional Measures Concerning Transmission Service)
Article 6
A telecommunications carrier who was licensed by the Minister of Information and
Communication to lease telecommunications line
facilities under the previous Article 3
subparagraph 3 of the Enforcement Decree of the Telecommunications Business Act or
to provide
Common Service other than those provided by using allocated radio
frequencies under subparagraph 4 of the same article before the
Enforcement Decree of
the Telecommunications Business Act was partially amended by the Ministry of
Information and Communication
Ordinance No. 227 shall be considered to have been
licensed for the transmission service under the amended provision of Article
7
subparagraph 1.
(Transitional Measures Concerning Services Provided by Using allocated Radio
Frequencies)
Article 7
A common carrier licensed by the Minister of Information and Communication to
provide services using allocated radio frequencies
under Article 3 subparagraph 4 of the
previous Enforcement Decree of the Telecommunications Business Act before the
enforcement
of the Ministry of Information and Communication Ordinance No. 227
partial amendment to the Enforcement Decree of the Telecommunications
Business Act
shall be considered to have been licensed as a Common carrier who provides services
using allocated radio frequencies
under the amended provision of Article 7
subparagraph 2.
(Transitional Measures on Telecommunications Line Lease Service)
Article 8
A telecommunications carrier licensed by the Minister of Information and Communication
to lease telecommunications line under Article
3 subparagraph 3 of the previous
Enforcement Decree of the Telecommunications Business Act before the enforcement of
the Ministry
of Information and Communication Ordinance No. 227 partial amendment
to the Enforcement Decree of the Telecommunications Business
Act shall be considered
The Enforcement Decree of The Telecommunications Business Act
- 41 -
to have been licensed as a common carrier who leases telecommunications line facilities
under the amended subparagraph 3 of Article
7 .
(Transitional Measures on Internet Phone)
Article 9
The Internet phone service belonging to the Common Service under subparagraph 5-2
of Article 3 of the previous Enforcement Decree
of the Telecommunications Business Act
before the enforcement of the Ministry of Information and Communication Ordinance
No. 227
partial amendment to the Enforcement Decree of the Telecommunications
Business Act shall be considered as Common Service under
this Decree notwithstanding
the amended proviso clause in the main text of Article 7.
(Transitional Measures on Application for
Registration of Service-based Carriers)
Article 10
The registration certificate of a service-based carrier issued under Article 12-1 (1) of the
previous Enforcement Decree of the
Telecommunications Business Act before the
enforcement of the Ministry of Information and Communication Ordinance No. 227
partial
amendment to the Enforcement Decree of the Telecommunications Business Act
shall be considered as a registration certificate issued
under this Decree: Provided, That
a service-based carrier who operates prepaid phone card business under the previous
provisions
at the time when the Ministry of Information and Communication Ordinance
No. 227 partial amendment to the Enforcement Decree of
the Telecommunications
Business Act was in force shall renew its registration under the amended provision of
Article 22 of the
Act by 14 June 2008.
Table 1 - Disposition Criteria for Revocation of License, etc. of Telecommunications
Carrier (under Article 25 (1) dated 29 February
2008)
Table 2 - Requirements for Registration of a Service-based Business (under Article 19 (4)
dated 29 February 2008)
Table 3 Types and Criteria of Prohibited acts (under Article 42 (1) dated 29 February
2008)
Table 4 Time Limit for Performing Corrective Orders (under Article 45 dated 29
February 2008)
Table 5 Statutory Maximum Penalty Surcharge by Categories of Offenses and Criteria
The Enforcement Decree of The Telecommunications
Business Act
- 42 -
for Calculation (under Article 46 dated 29 February 2008)
Table 6 Amount of Penalty Surcharge by Categories of Offences (under
Article 61
dated 29 February 2008)
The Enforcement Decree of The Telecommunications Business Act
- 43 -
Violating Acts
Applicable Legal Provision
(Telecommunications Business Act)
Criteria for Disposition
Common
carrier
Service-b
ased
carrier
Value-ad
ded
carrier
1. When the permission is obtained
by fraud or other illegal means,
when registering by fraud and
other illegal means, or when
makes notification by fraud and
other illegal means.
Articles 15 (1) (i), 28 (1) (i), and
28 (2) (i) of the Act.
Revocati
on of
license
Registrat
ion
revocatio
n
Business
closure
2. In the event of failure to
perform the conditions under
Article 5 (5) and (6) of the Act,
and in the event of failure to
perform the terms and
conditions under Article 19 (2)
of the Act.
Articles 15 (1) (ii) and 28 (1) (iii)
of the Act.
Revocati
on of
license
or
suspensi
on of
business
for 9
months
Registrat
ion
revocatio
n or
suspensi
on of
business
for 9
months
3. In the event of failure to
perform the order under Article
7 (2) of the Act.
Article 15 (1) (iii) of the Act.
Suspensi
on of
business
for 6
months
4. In the event of failure to
commence the business within
the time required under Article
9 (1) of the Act (the time
extended in the event of
obtaining the extension of the
term under Article 9 (2)).
Article 15 (1) (iv) of the Act.
Revocati
on of
license
or
suspensi
on of
business
for 3
months
[Annex 1]
Criteria for Disposition of Revocation of License of Telecommunications Carrier(related to
Article 25 (1))
The Enforcement Decree of The Telecommunications Business Act
- 44 -
5. In the event of obtaining the
authorization under Article 29 (1)
of the Act or failure to comply
with the Terms and Conditions
as notified
Article 15 (1) (v) of the Act.
Suspensi
on of
business
for 6
months
6. In the event of failure to
perform the corrective order
under Article 37 (1) of the Act
or Article 65 (1) without
justifiable reasons.
Articles 15 (1) (vi), 28 (1) (v),
and 28 (2) (iv) of the Act
Revocati
on of
license
or
suspensi
on of
business
for 3
months
Registrat
ion
revocatio
n or
suspensi
on of
business
for 3
months
Business
closure
or
suspensi
on of
business
for 3
months
7. In the event of failure to
commence the business within
one year from registration or
suspension of the business for
one year of longer under Article
19 (1) of the Act, or failure to
commence the business within
one year from the date of
notification or suspensions of
the business for one year or
longer under Article 21.
Articles 28 (1) (ii) and 28 (2) (ii)
of the Act.
Registrat
ion
revocatio
n
Business
closure
8. When the operation procedure
of the Telecommunications
carrier is recognized as clearly
interfering with the interest of
the user.
Article 65 (1) (ii) of the Act.
Suspensi
on of
business
for 6
months
Suspensi
on of
business
for 6
months
Suspensi
on of
business
for 6
months
9. When failure to take the prompt
measures necessary for repairs
or the rectification of service
interruption, etc. when an
accident or other failure occurs
at its Telecommunications
Service.
Article 65 (1) (iii) of the Act.
Suspensi
on of
business
for 3
months
Suspensi
on of
business
for 3
months
Suspensi
on of
business
for 3
months
The Enforcement Decree of The Telecommunications Business Act
- 45 -
Classification Criteria for Registration
Financial capability
o A business that installs exchange facilities and provides the Common
Service following the Provision of the Technical Criteria
of
Telecommunications Facilities (hereinafter referred to as the "switched
resale") from the businesses under Article 4 (3) (i)
of the Act: Paid capital
of 3 billion won or more.
o A business excluding the switched resale from the businesses under
Article 4 (3) (i) of the Act (hereinafter referred to as the
"switchless
resale"): Paid capital of 300 million won or more.
o Businesses under Article 4 (3) (ii) of the Act (hereinafter referred
to as
the "district communications business"): Paid capital of 500 million won
or more.
Technolog
i c a l
capability
Technology
method
o The Telecommunications facilities and the Service provision method do
not interfere with the telecommunications network and are
appropriate
to the pertinent laws and regulations, including the Provision of
Technical Criteria of Telecommunications Facilities
and others.
Technical
Personnel
o Switched resale: Three or more qualified persons in engineering positions
in the communications field and two or more qualified
persons in
skilled positions
o Switchless resale: One or more qualified persons in engineering positions
in the communications field
o District communications business: One or more qualified persons in
engineering positions in the communications field and one or
more
qualified persons in skilled positions.
User Protection Plan
o Establish a permanent user protection agency with one or more of
full-time staff.
o Establish General Terms and Conditions including the following contents:
- Specify the procedures and periods for handling of
complains of users
by their types;
- Specify the action plan when it is impossible to provide Service;
- In the event of undertaking the prepaid call card service,
service
method, such as balance confirmation, etc. unit of imposition of
surcharge, valid period, contact in times of trouble,
other restrictions
and method for noticing thereof;
o The service-based carrier that undertakes the prepaid call card service
shall subscribe the guarantee insurance with the government
as the
insured for the total amount of issuance for prepaid call cards and
[Annex 2]
Requirements to Register for Service-based Business (Related to Article 28)
The Enforcement Decree of The Telecommunications Business
Act
- 46 -
submit the policy to the Director of Central Radio Management Office:
Provided, That the minimum amount of the total amount of the
subscription of guarantee insurance shall be 1/5 or more of the capital
based on the registering of a "switchless resale;"
In
the event of modifying the total amount of issuance, it shall be
submitted 30 days prior to the scheduled day of additional issuance
for
the prepaid call cards;
In the event of continuing the prepaid call card service after the term of
contract for the policy of guarantee insurance, renew
the policy at least
30 days prior to its expiration and submit it.
o Any person intending to register a district communications business shall
establish and operate a communications network that
would guarantee
the right to select a carrier for the user.
o In addition, the user protection criteria that the KCC determines and
announced must be complied with.
1. In the event that a person registered for a switched resale intends to register a
switchless resale, the requirements for registration
of the switchless resale shall be
considered as met.
2. "Technical personnel" refers to qualified persons in accordance with the National
Engineering Qualification Act, and such persons
have to be employed in their
respective positions as full-time executives or employees.
3. The prepaid call cards refers to communications Service that is to be provided only
after carriers has received the rates in advance
before providing the Service
regardless of their name or form, such as telephone card, paper-type call card and
others, and in
the event that the user has used the prepaid call cards for a certain
period and actually exhausted it, additional issuance on the
prepaid call card may
be made by as much as the exhausted amount within the scope of the total
amount of issuance.
[Annex 3]
Types and Criteria for Prohibited Acts (related to Article 42 (1))
. Refusal to Conclude an Agreement, etc.
"Prohibited act" following Article 36-3 (1) (i) of the Act, shall be applicable to any of
the following subparagraphs:
1. Any act of unfair discrimination among Telecommunications carriers that provide the
same or similar Service with respect to the
scope, conditions, procedures, methods
The Enforcement Decree of The Telecommunications Business Act
- 47 -
and calculation of the charges for a provision of Telecommunications facilities, a
LLU, a joint use of wireless Telecommunications
facilities, an interconnection or a
joint use of Telecommunications facilities, or a provision of information (hereinafter
referred
to as the "interconnection, etc.");
2. Any act of unfair delay or refusal in excess of the criteria announced by the KCC in
accordance with Articles 33-5 (3), 33-6 (2),
33-7 (3), 34 (2), 34-3 (2) and 34-4 (2) of
the Act regarding consultation for concluding an agreement for interconnection, etc,
conclusion of the agreement, or modification to the concluded agreement or any
act of delay or refusal, without any justifiable
reasons, by the common carrier under
Articles 33-5 (2), 33-6 (1), 33-7 (2), 34 (3), 34-4 (3) and 34-4 (3) of the Act;
3. Any act of delay or non-performance of a concluded agreement on interconnection,
etc. without any justifiable reasons;
4. Any act of unfair restriction or discrimination against value-added carriers with the
lease, access, etc. of Telecommunications
facilities in connection with the provision
of the Telecommunications Service: or
5. Any other acts that are set forth by the KCC as acts, other than those of paragraph
1 through 4, of unfair discrimination, unjust
refusal to conclude an agreement or
failure to performance, with out any justifiable reasons, of the concluded agreement
with respect
to interconnection, etc.
. Exploitation of Information
"Prohibited act" under Article 36-3 (1) (ii) of the Act shall be any of the following
subparagraphs:
1. Any act of directly exploiting or providing a third party with information of other
Telecommunications carriers acquired through
the interconnections, etc. such as
information related to technology, accounting and business or information related to
users such
as status of use, etc. for one's own business purpose.
2. Any acts of unfairly exploiting information of other Telecommunication carriers, other
than subparagraph 1, acquired through the
interconnection, etc. for its own business
purpose, which are determined by the KCC
. Unfair Calculation of the Service Rates, etc.
"Prohibited act" under Article 36-3 (1) (iii) of the Act shall be any of the following
subparagraphs:
1. Any act of calculating the service rates for a Telecommunications Service or charges
for an interconnection, etc. by violating
Article 36-2 of the Act or provisions of the
accounting related statutes and subordinate statutes such as the Commercial Act,
The
Enforcement Decree of The Telecommunications Business Act
- 48 -
etc. or by conducting accounting in a manner different from the accounting criteria,
etc. as prescribed by Article 13 (1) of the
Act on External Audit of Corporations;
2. Any act of calculating the service rates for a Telecommunication Service or charge
for an interconnection, etc. by unjustly classifying
the costs or profits of certain
Telecommunications Services as the costs or profits of another Telecommunications
Service;
3. Any act of calculating the service rates for a Telecommunications Service or charges
for an interconnection, etc. by classifying
the costs or profits in a way of unjustly
providing transaction requirements, such as fees, payment conditions, etc. to a third
party, which has a contractual relationship, etc. with respect to the
Telecommunications Service; or
4. Any acts of calculating the service rates for a Telecommunications Service or charges
for an interconnection, etc., other than
those of subparagraphs 1 through 3, by
unjustly classifying the costs or profits, which are determined by the KCC.
. Interference
with the Interests of Users
Any act of providing the Telecommunications Service in a manner that clearly interferes
with the benefit of telecommunications users
under Article 36-3 (1) (iv) of the Act shall
be any of the following subparagraphs:
1. Any act of following items relating to unjust claims for rates:
A. Any act of claiming rates in a manner different from the Service
contract;
B. Any act of claiming rates that are different from the rates that the user should
pay by manipulating the rate-related
program, etc.;
2. Any act of the following items relating to the conclusion of a service contract:
A. Any act of concluding of a service contract
without confirming the intention of
the user when subscribing;
B. Any act of concluding a service contract without following the procedure of
confirming the intention of the subscriber on the
additional use of the
Telecommunications Service;
C. Any act of concluding a service contract in violation of the procedures set forth
under the statutes or subordinate statutes
or Terms and Conditions.
3. Any act of the following items relating to the pre-selection system:
A. Any act of submitting the application for pre-selection
modification to the
Pre-selection Registration Center against the intention of the user;
B. Any act of handling the pre-selection
related work by a person who ought not
undertake the pre-selection related work under the relevant statutes or subordinate
statues,
or an agreement, etc;
C. A failure to modify the pre-selection even through it was confirmed as the
The Enforcement Decree of The Telecommunications Business
Act
- 49 -
justifiable modification application through the subscriber confirmation, etc. from
the Pre-selection Registration Center.
4. Any act of the following items relating to the delay in rate payment (including those
who are treated as the users of the telecommunications
carrier against their
intention by ID theft, etc.):
A. Failure to take any measures necessary for confirmation, such as, verifying the
IDs of the relevant uses, etc. while providing
the information on delay in rate
payment to the relevant institution, such as, the credit information institution, etc.
pursuant
to Article 17 of theAct on Use and Protection of Credit Information;
B. Failure to maintain data related to the provision of information
on the delay in
rate payment until the date of lapsing one year from the date of its provision or
until the day to notify the fact
that the reasons for the delay in rate payments
have disappeared to the pertinent institutions, such as, the credit information
institution, etc.; or
C. Failure to immediately notify the fact that the causes of delay in rate payment
have disappeared to the institution providing
the information on delay in rate
payment after the expiration of the causes such as by the payment of delayed
rates, etc.
5. Any act of the following items relating to unfair discrimination against the users.
A. Any act of unjustly discriminating a user
from other users in providing or
proposing to provide Telecommunications rate, number and Telecommunications
facilities, etc.;
B. Any act of providing a Telecommunications Service with unjustly discriminatory
conditions to the contractual party for a long-term
service or a large quantity of
service; or
C. Any act of providing a Telecommunications Service with unjustly discriminatory
conditions to the users who have switched the
subscription from other
Telecommunications carriers or who have promised not to switch the subscription
to other telecommunications
carriers.
6. Any act of interfering with or being likely to interfere with the interests of users by
selling a Telecommunication Service in
combination with other Telecommunications
Services (hereinafter referred to as the "bundling"). In this case, in determining
whether
there is interference with the interests of users, the injuring effects on fair
competition, such as cost savings, an increase in
user benefits, a transfer of market
power, etc. from the bundling shall be taken into account.
7. Any acts of the following items relating to the interference with the free selection or
use of a different Telecommunications
Service;
A. Any act of installation, operation or proposal thereof of Telecommunications
The Enforcement Decree of The Telecommunications
Business Act
- 50 -
Matters of Order Applicable Legal Provision Period of Performance
1. Separation of organization
providing the
Telecommunications Service.
Article 37 (1) (i) of the Act
Within 6 months from the date
of corrective order
2. Revision of internal
accounting regulations, etc.
for Telecommunications
Service.
Article 37 (1) (ii) of the Act
Within 6 months from the date
of corrective order
3. Disclosure of information on
Telecommunications Service.
Article 37 (1) (iii) of the Act.
Within 1 months from the date
of corrective order
4. Conclusion, Performance or
Modification of an
agreement between
Telecommunications carriers.
Article 37 (1) (iv) of the Act.
Within 3 months from the date
of corrective order
5. Modification of the Terms
and Conditions of the
Telecommunications carrier.
Article 37 (1) (v) of the Act.
Within 1 months from the date
of corrective order
6. Modification of the Articles
of Incorporation of the
Telecommunications carrier.
Article 37 (1) (v) of the Act.
Within 6 months from the date
of corrective order
7. Stopping of prohibited acts. Article 37 (1) (vi) of the Act.
Within the period set forth by
the KCC within 7 days from the
date of corrective order
8. Disclosure of the fact that a
corrective order was issued
due to the prohibited act.
Article 37 (1) (vii) of the Act.
Within 1 months from the date
of corrective order
9. Necessary measures for
restoring the violated matters
due to the prohibited acts to
their original state, such as
Article 37 (1) (viii) of the Act.
Within 1 months from the date
of corrective order
facilities that restricts the free selection of users; or
B. An act that a service-based carrier forces a third party to use the
Telecommunications facilities installed in the area
8. Any act, other than the act of subparagraphs 1 through 7, that is determined by the
KCC, as clearly interfering with or being
likely to interfere with the interest of the
telecommunications user, such as not notifying the matters essential to the use of
the Telecommunications Service, etc.
[Annex 4]
Period for Performance of Corrective Order (related to Article 45)
The Enforcement Decree of The Telecommunications Business Act
- 51 -
the retrieval of
telecommunications facilities
which have caused the
prohibited acts, etc.
10. Improvement of operation
procedures for
Telecommunications Service.
Article 37 (1) (xi) of the Act.
Within the period set forth by
the KCC within 3 months from
the date of corrective order
11. Submission of a
performance plan for the
measures of Article 37 (1) (i)
through (9) of the Act.
Article 44 (i) of the Act.
Within the period set forth by
the KCC within each period of
subparagraphs 1 through 10
12. Performance report on the
measures of Article 37 (1) (i)
through (9) of the Act.
Article 44 (i) of the Act.
Within 10 days after the
expiration of each period from
subparagraphs 1 through 10
[Annex 5]
Upper Limit for Imposing the Penalty Surcharge for Each Type of Violating Act and the
Criteria for Calculating the Penalty Surcharge
(Article 46)
. Upper limit for the imposition of the penalty surcharge for each type of violating
acts.
1. Any act under Article 36-3 (1) (i) through (iii) of the Act: 2/100 or less of turnovers
under Article 47 (1).
2. Any act under Article 36-3 (1) (iv) and any act which violates the provisions of
Article 36-4 (1) through (6) of the Act: 1/100
or less of turnovers under Article 47
(1).
3. In the event that there is no turnovers or that it is difficult to calculate the
turnovers: Within the range of 1 billion won
or less, calculate taking into account
the contents and degree of the violating acts according to the degree of
significance of
the violation (hereinafter referred to as the "degree of seriousness")
following the criteria announced by the KCC.
. Calculation Procedures and Criteria for the Penalty Surcharge
1. Penalty Surcharge Calculation Stages
The penalty surcharge shall be calculated taking into account the considerations
under each
subparagraphs Article 37-2 (2) and the matters influencing thereon, such
as the details of the violating act, its influence on the
relevant communication
markets, etc. through the obligatory aggravation, additional aggravation and
mitigation of the base amount.
2. Calculation Methods for Penalty Surcharge Calculation Stages and Considerations
The Enforcement Decree of The Telecommunications
Business Act
- 52 -
A. Calculation of the Base Amount
1) The base amount shall be the amount that multiplies the imposition
standard ratio by the turnovers (hereinafter referred to as
the "relevant
turnovers") of the service that is directly and indirectly influenced from the
violating act during the term of the
violation committed by the
Telecommunications carrier: Provided That, it shall not exceed 3/100 of the
relevant turnovers.
2) The imposition standard ratio shall be determined by classifying the degree
of seriousness depending on the nature and degree
of the violating act
under Article 37-2 (2) (i) of the Act.
3) In calculating the relevant turnovers, the period of violation refers to the
term from the date of commencement of the violation
to the date of its
completion, and the turnovers is determined based on the accounting data,
such as business reports, etc. pursuant
to Article 36-2 of the Act; Provided,
That when the Telecommunications carrier refuses to submit the data
required to calculate
the turnovers or submits false data in accordance with
Article 37-2 (1) of the Act, it may be estimated with the comprehensive
consideration of the accounting information, such as the financial statements,
etc. and the information on the business operation
status, such as the
number of subscribers and service rates, etc. of the relevant
telecommunications carrier or of those who provide
similar services in the
same industry, as well as past performance, business plans, market situation,
etc.
4) In the event that there is no relevant turnovers or it is difficult to calculate,
the amount of 800 million won or less shall
be the base amount,
depending on the degree of seriousness.
B. Obligatory Aggravation
1) The added amount shall be combined within the range of 50% of the base
amount in consideration of the period and frequency of
the act of violation
under Article 37-2 (2) (ii) of the Act for the base amount; Provided, That
the above has to be the amount
with the obligatory aggravation for the
larger amount after comparing to the amount equivalent to the size of the
gain from the
violating act under Article 37-2 (2) (iii) of the Act.
2) The period of the violating act shall be classified for short-term, mid-term
and long-term to make the classified aggravation, and in the event that the
same act of violation is repeated, it shall be aggravated
in proportion to
the frequency of the act of violation repeated.
C. Additional aggravation and/or mitigation
The Enforcement Decree of The Telecommunications Business Act
- 53 -
Violating Acts
Applicable Legal
Provision
Amount of Penalty Surcharge
Common
carrier
Service-based
carrier
Value-added
carrier
1. In the event of failure to perform
the conditions imposed at the time
of approval for a license,
authorization, approval or
registration.
Articles 15 (1) (ii), and
28 (1) (iii)
2/100 or less
of turnovers
2/100 or less
of turnovers
-
2. In the event of failure to perform of
a corrective order for the common
carrier applicable to the
disqualification of the license.
Article 15 (1) (iii)
2/100 or less
of turnovers
2/100 or less
of turnovers
-
3. In the event of failure to comply
with the Terms and Conditions
authorized or notified in accordance
with Article 29 (1) of the Act.
Article 15 (1) (v)
2/100 or less
of turnovers
- -
4. In the event of failure to perform a
corrective order which is issued with
a recognition that the operation
procedure of the Telecommunications
carrier clearly interferes with the
Article 65 (1) (ii)
2/100 or less
of turnovers
2/100 or less
of turnovers
1/100 or less
of turnovers
The additional aggravation or mitigation combines the amount adjusted to the
obligatory aggravation and added or mitigated amount
within the range of 50% of the
amount through the obligatory aggravation for the act of violation considering the
effect on the
communications market, etc. with respect to the initiative of violating act
influencing on each of the matters under Article 37-2
(2) of the Act to the amount
through the obligatory aggravation, intentional or negligent act of violation, cooperation
with an
investigation into acts of violation, continuation or expansion of acts of violation
during the investigation of acts of violation,
change of the market share rate or number
of subscribers from act of violation.
. Detailed Criteria
The detailed considerations for each stage of the base amount, obligatory aggravation
and additional aggravation and/or mitigation,
and the detailed criteria for ratio of the
aggravation and/or mitigation shall be determined and announced by the KCC
[Annex 6]
Amount of penalty surcharge for each type of violating act (Article 61 (1))
1. Penalty Surcharge amount compared to turnovers revenue
The Enforcement Decree of The Telecommunications Business Act
- 54 -
Violating Acts
Applicable Legal
provision
Amount of Penalty Surcharge
Common
carrier
Service-based
carrier
Value-added
carrier
1. In the event of failure to perform
the conditions imposed at the time
of obtaining approval for a license,
authorization, approval or registration.
Articles 15 (1) (ii) and
28 (1) (iii)
1 billion won
or less
400 million
won or less
-
2. In the even of failure to perform a
corrective order for the common
carrier applicable to the
disqualification of the license.
Article 15 (1) (iii)
800 million
won or less
200 million
won or less
-
3. In the event of failure to commence
the business within the period under
Article 9 (1) of the Act (extended
period in the event of receiving an
extension).
Article 15 (1) (iv)
800 million
won or less
- -
4. In the event of failure to comply
with the Terms and Conditions
authorized or notified in accordance
with Article 29 (1) of the Act.
Article 15 (1) (v)
800 million
won or less
- -
5. In the event of failure to perform a
corrective order which is issued with
a recognition that the operation
procedure of the Telecommunications
carrier clearly interferes with the
interests of the user.
Article 65 (1) (ii)
800 million
won or less
200 million
won or less
100 million
won or less
interests of the user.
5. In the event of failure to perform a
corrective order which is issued
because of failure to take the
prompt measures necessary for
repairs or the rectification of service
interruption, etc. when an accident or
other failure occurs at its
Telecommunications Service.
Article 65 (1) (iii)
2/100 or less
of turnovers
2/100 or less
of turnovers
1/100 or less
of turnovers
6. In the event of failure to perform a
corrective under Article 37 (1) or 65
(1) of the Act, without any justifiable
reasons.
Articles 15 (1) (vi), 28
(1) (v), and 28 (2) (iv)
1/100 or less
of turnovers
1/100 or less
of turnovers
1/100 or less
of turnovers
2. Amount of Penalty Surcharge in the case where the amount of turnovers is
unavailable or is difficult to calculate.
The Enforcement Decree of The Telecommunications Business Act
- 55 -
6. In the event of failure to perform a
corrective order which is issued
because of failure to take the prompt
measures necessary for repairs or the
rectification of service interruption,
etc. when an accident or other failure
occurs at its Telecommunications
Service.
Article 65 (1) (iii)
800 million
won or less
200 million
won or less
100 million
won or less
7. In the event of failure to perform a
corrective under Article 37 (1) or 65
(1) of the Act, without any justifiable
reasons.
Articles 15 (1) (vi), 28
(1) (v), and 28 (2) (iv)
400 million
won or less
100 million
won or less
100 million
won or less
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