[Translation]
THE TELECOMMUNICATIONS BASIC LAW
(Law No. 06823, partially amended on December 26, 2002)
CHAPTER 1. GENERAL PROVISIONS
Article 1. Purpose
The purpose of this Law is to contribute to the promotion of public welfare by
determining basic matters related to telecommunications in order to allow the
telecommunications sector to be efficiently managed and its development
fostered.
Article 2. Definition
The definition of terms used in this Law are as follows:
a) Telecommunications mean a transmission and/or receipt of symbols,
documents, voices and pictures through electronic means such as wire,
wireless, and optical lines.
b) Telecommunications facilities mean machines, apparatus, lines and
other facilities needed for telecommunication.
c) Telecommunications circuit facilities mean, among telecommunications
facilities, communications circuit infrastructures between
transmitting and receiving locations for the purpose of
telecommunications activities which consist of transmission/circuit
facilities as well as switching facilities and parts to be installed
along with the main infrastructures.
d) Business telecommunications facilities mean those that are provided
for telecommunications services.
e) Personal telecommunications facilities mean those other than business
telecommunications facilities, that are set up for a particular
individual's personal telecommunications.
f) Telecommunications machinery and tools indicate equipment, machinery,
parts and lines used by telecommunications facilities.
g) Telecommunications services mean either mediation of other parties'
communications using one's own telecommunications facilities or
providing one's own telecommunications facilities for the purpose of
other parties' communications.
h) Telecommunications businesses mean businesses which provide
telecommunications services.
Article 3. Management of Telecommunications
Other than those specifically prescribed by this Law or other laws, the Minister
of Information and Communication shall manage all matters regarding
telecommunications which are not otherwise specifically governed by this or
other laws.
Article 4. Government Policies
Matters concerning telecommunications are to be managed by the Minister of
Information and Communication, except those set forth under this Law or other
related legislation.
Article 5. Establishment of Basic Plan for Telecommunications
(1) The Minister of Information and Communication shall establish and make a
public announcement about a basic plan for telecommunications (hereinafter
referred to as the "Basic Plan") to promote the growth of the
telecommunications sector and information society.
(2) The Basic Plan mentioned in Paragraph (1) shall include the issues in each
of the following Items:
a) Matters related to efficient use of telecommunications
b) Matters related to maintaining order in telecommunications
c) Matters related to telecommunications business
d) Matters related to telecommunications facilities
e) Matters related to telecommunications technology development (also
includes technologies for telecommunications construction; considered
same hereinafter)
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f) Other general matters related to telecommunications
(3) In establishing the Basic Plan concerning the matters mentioned in
Paragraph (2), Items d) and e), the Minister of Information and
Communication shall confer in advance with the heads of related
administrative branches.
Article 6. Annual Reports
The government shall submit annual reports on policies and trends of
telecommunications development prior to the opening of the regular sessions of
the National Assembly.
Article 7. Classification of Telecommunications Service Providers
Based on the Telecommunications Business Law, telecommunications service
providers are classified into network service providers, specific service
providers and value added service providers.
CHAPTER 2. TELECOMMUNICATIONS TECHNOLOGY DEVELOPMENT
Article 8. Establishment and Enforcement of Operational Plans for Technology
Development
(1) The Minister of Information and Communication shall establish and enforce
operational plans for telecommunications technology development based on
the prescriptions of Article 5, Paragraph (2), Item e).
(2) The operational plan shall include the issues in each of the following
Items,
a) Matters related to research and development of telecommunications
technology
b) Matters related to training and supply-demand system of
telecommunications technical experts
c) Matters related to adopting new telecommunications technology and
systems
d) Matters related to the standardization of telecommunications
technology
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e) Matters related to the fostering of research institutes or
organizations for telecommunications technology
f) Matters related to international cooperation in telecommunications
technology
g) Other matters related to the development of telecommunications
technology
Article 9. Management of Telecommunications Technology
(1) The Minister of Information and Communication shall provide a means to
manage and distribute telecommunications technology information
systematically and comprehensively for the promotion of telecommunications
technology.
(2) The Minister of Information and Communication can make prior notice of new
telecommunications technology for the purpose of smooth development of
telecommunications technology.
Article 10. Promotion of Research Institutes
(1) The Minister of Information and Communication shall promote and guide
telecommunications research institutes or organizations for the promotion
of telecommunications.
(2) The Government can provide financial support to the institutes and
organizations according to the provisions of Paragraph (1).
(3) Deleted (on January 28, 2000)
(4) Matters regarding the scope of research institutes and organizations, a
means to promote and guide such institutes and organizations, and other
necessary matters prescribed in the provision of Paragraph (1), are to be
determined pursuant to the Presidential Decree.
Article 11. Designation of Research Topics
(1) The Minister of Information and Communication can designate researchers and
select research topics regarding telecommunications technology if needed
for the research and development of telecommunications technology.
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(2) Matters regarding selection of research topics, designation of researchers,
and support for research funds prescribed in Paragraph (1) are to be
determined pursuant to the Presidential Decree.
Article 12. Research and Development Investments
The Minister of Information and Communication can, if needed for the promotion
of telecommunications technology, require network service providers to invest a
specified percentage of total annual sales in research and development for
telecommunications high technology or recommend donations to research and
development institutes and organizations for common technology and communication
methods.
Article 13. Technology Guidance
(1) The Minister of Information and Communication shall offer technology
guidance relating to the standardization of technology, technology
training, provision of technology information, and cooperation with
international organizations, etc. to businesses manufacturing
telecommunications facilities (hereinafter referred to as
"telecommunications facilities manufacturers") or information and
communication business contractors according to the Information and
Communication Business Act, if needed for securing the quality of
telecommunications construction and for correctly applying
telecommunications methods and standards to telecommunications facilities
from the manufacturing stage.
(2) Parties eligible for technology guidance, its contents and other necessary
matters are to be determined pursuant to the Presidential Decree.
Article 14. Deleted (on December 30, 1996)
Article 15. Deleted (on December 30, 1996)
Article 15-2. Deleted (on January 29, 1999)
CHAPTER 3. TELECOMMUNICATIONS FACILITIES
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Section 1. Commercial Telecommunications Facilities
Article 16. Maintenance and Repair of Telecommunications Facilities
Telecommunications service providers must maintain and repair their
telecommunications facilities to meet standards set forth under the Decree of
the Ministry of Information and Communication for consistent provision of their
telecommunications services.
Article 17. Report and Approval for Installation of Telecommunications
Facilities
(1) Network service providers must report the installation or alteration of
major telecommunications facilities to the Minister of Information and
Communication in advance pursuant to the Decree of the Ministry of
Information and Communication. However, for the telecommunications
facilities to be installed first under the new telecommunications
technology and system, network service providers must obtain an approval
from the Minister of Information and Communication pursuant to the Decree
of the Ministry of Information and Communication.
(2) The Minister of Information and Communication shall determine and make a
public notice of the scope of major telecommunications facilities pursuant
to the provisions in Paragraph (1).
Article 18. Joint Construction of Telecommunications Facilities
(1) Network service providers may construct and use the telecommunications
facilities jointly with any other network service providers. In this case,
the network service provider shall consult with the other network service
provider in advance.
(2) For the consultation between network service providers in Paragraph (1)
above, the Minister of Information and Communication may examine necessary
materials in accordance with the Decree of the Ministry of Information and
Communication, and provide them to the network service providers.
(3) For the efficient performance of the examination of materials pursuant to
Paragraph (2) above, the Minister of Information and Communication may have
a professional institution specialized in the telecommunications field to
conduct the material examination under the Presidential Decree.
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(4) In any of the following cases, the Minister of Information and
Communication may recommend the network service provider set forth in
Paragraph (1) to implement joint construction of telecommunications
facilities pursuant to the Decree of the Ministry of Information and
Communication.
a) Where the consultation in Paragraph (1) above has failed and the
network service provider requests for a recommendation of joint
construction; or
b) Where it is deemed necessary for the promotion of public interest.
(5) If it is required to use the land or structures owned by the government, a
local-government body, a government-invested institution or any other
network service provider for the purpose of jointly constructing the
telecommunications facilities, but when the relevant parties fail to
consult with each other for such purpose, the network service provider may
require the cooperation of the Minister of Information and Communication
for the use of the relevant land or structure.
(6) Upon receipt of the request in Paragraph(5), the Minister of Information
and Communication may request the head of the government agency, a local
government body or a government-invested institution or any other network
service provider to consult with the relevant network service provider
concerning the use of the relevant land or structure. In this case, the
head of a government organization, a local government body, or a government
invested institution, or any other network service provider shall satisfy
the request of consultation without any justifiable reason.
Article 19. Deleted (on December 30, 1996)
Section 2. Personal Telecommunications Facilities
Article 20. Installation of Personal Telecommunications Facilities
(1) One who wishes to install personal telecommunications facilities shall
report it to the Minister of Information and Communication in accordance
with the Presidential Decree. The same is required for an alteration of
certain important matters designated by the Presidential Decree among the
matters which have been reported.
(2) Notwithstanding Paragraph (1), wireless personal telecommunications
facilities and military telecommunications facilities, etc. that are
prescribed under the provisions of other laws
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shall be regulated by those provisions.
(3) One who reported the installation of personal telecommunications facilities
or reported for alterations therefor under Paragraph (1) above shall obtain
confirmation from the Minister of Information and Communication prior to
the use of the facilities after completion of the installation works or
alteration works as provided for in the Presidential Decree.
(4) Notwithstanding Paragraph (1), the personal telecommunications facilities
set forth in the Decree of the Ministry of Information and Communication
may be installed without reporting.
Article 21. Restriction on Use for Purposes Other Than Original Intention
(1) A party who installed personal telecommunications facilities must not act
as an intermediary between others' communications using his/her facilities
or use his/her facilities for purposes other than his/her original
intention for installation, excluding case(s) falling under special
provisions of other laws or cases falling under any of the following items
which are not contrary to the purpose of installation:
a) In a case where the police or those who engage in the duties of
disaster recovery use the facilities for the purpose of maintaining
public security or recovering from emergent disasters;
b) In a case where one who has special business relations with a party
who installed the personal telecommunications facilities uses the
facilities, as provided for in the notification of the Minister of
Information and Communication; or
c) Deleted (on January 14, 2002)
(2) One who installed personal telecommunications facilities can provide
network service providers with telecommunications facilities such as
circuits and lines, etc. in accordance with the Presidential Decree.
(3) Provisions of Article 33-5, Article 34-6 (excluding paragraph (5) and
Article 35 of the Telecommunications Business Law shall apply, mutatis
mutandis, to the provision of facilities according to Paragraph (2).
(4) Deleted (on January 14, 2002)
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Article 22. Securing Emergency Communications System
(1) The Minister of Information and Communication can order those who have
installed personal telecommunications facilities to operate
telecommunications services and other important communications services or
to connect relevant facilities to other telecommunications facilities when
a war, political upheaval, natural catastrophe, earthquake or other
national emergency occurs or is anticipated. In this case, provisions of
the Telecommunications Business Law on telecommunications services are
applied.
(2) If the Minister of Information and Communication deems it necessary in
cases prescribed in Paragraph (1), the Minister can require network service
providers to operate those services.
(3) In cases prescribed in Paragraph (1), the government shall bear expenses
for service operations or for connection of facilities. However, in cases
where personal telecommunications facilities are offered for
telecommunications services, network service providers who use those
facilities shall bear such expenses.
Article 23. Corrective Orders, etc.
(1) The Minister of Information and Communication may issue an order to correct
any violation within a specified period, in the case that those who have
installed personal telecommunications facilities violate this Law or orders
set forth by this Law.
(2) In the case where any of the followings occurs to those who have installed
personal telecommunications facilities, the Minister of Information and
Communication may issue an order to suspend its use for a specified period
less than a year:
a) if they have failed to perform the corrective orders as set forth in
Paragraph (1);
b) if they have used the personal telecommunications facilities without
obtaining a confirmation in violation of the provisions of Article 20,
Paragraph (3); or
c) if they have acted as an intermediary between communications of others
or used personal telecommunications facilities against the purpose of
installation, in violation of the provisions of Article 21, Paragraph
(1).
(3) In the case where personal telecommunications facilities are deemed to
obstruct telecommunications of others or to damage telecommunications
services of others, the Minister of Information and Communication may issue
order to have the one who installed such facilities to suspend use,
reconstruct, repair facilities or take other necessary measures.
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Article 24. Imposition of Penalty
(1) If the order of the suspension of use of the personal telecommunications
facilities rendered by the Minister of Information and Communication under
the provision of Article 23, Paragraph (2) gives material inconvenience to
the user of the telecommunications services provided through the personal
telecommunications facilities concerned or otherwise threatens to be
detrimental to the public interest, the Minister of Information and
Communication may impose penalty in the amount of 1 billion Won or less in
substitution of such order of suspension.
(2) The type of violation subject to the penalty under the provision of
Paragraph (1), the amount of penalty pursuant to the degree of violation
and any other necessary matters shall be determined by the Decree of the
Ministry of Information and Communication.
(3) If the person who is obligated to pay the penalty under the provision of
Paragraph (1) fails to pay such penalty when due, the Minister of
Information and Communication shall collect it pursuant to the examples of
the disposition of national taxes in arrears.
Section 3. Technical Standards for Telecommunications Facilities
Article 25. Technical Standards
(1) One who installs and operates telecommunications facilities must meet
appropriate technical standards set forth under a decree of the Ministry of
Information and Communication.
(2) When network service providers and specific service providers install
telecommunications facilities which are determined and publicly notified by
the Minister of Information and Communication or expand already installed
facilities, they must conduct a test whether the relevant
telecommunications facilities meet technical standards set forth under the
provision of Paragraph (1) prior to the provision of the telecommunications
services, and record and maintain the result of such test.
(3) The installation and maintenance of telecommunications facilities must be
administered based on a master plan document.
(4) Necessary matters for executing a master plan document shall be set forth
in the decree of
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the Ministry of Information and Communication.
(5) If it is deemed necessary to confirm that the telecommunications facilities
are properly installed and operated in accordance with technical standards,
the Ministry of Information and Communication may cause a civil servant to
inspect or test such telecommunications facilities.
(6) The civil servant who conducts the inspection or test under provision of
Paragraph (5) shall keep any sign of his authority to do so and demonstrate
such sign to the relevant parties.
Article 26. Management Provisions
(1) Network service providers must prepare the management provisions of the
telecommunications facilities and manage the telecommunications facilities
under the provisions for the purpose of stable supply of the
telecommunications services.
(2) Matters which must be stated clearly in management provisions according to
the provision of Paragraph (1) shall be set forth in the decree of the
Ministry of Information and Communication.
Article 27. Correction Order concerning Violation of Technical Standards
In case the installation of telecommunications facilities does not comply with
the technical standards in Article 25, the Minister of Information and
Communication may order the correction of such violations or other necessary
measures.
Article 28. Adoption of New Telecommunications Methods
(1) The Minister of Information and Communication can adopt new
telecommunications methods for smooth development of telecommunications.
(2) The Minister of Information and Communication must make a public notice
when adopting new telecommunications methods pursuant to Paragraph (1).
Article 29. Drive for Standardization
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(1) The Minister of Information and Communication shall promote standardization
of telecommunications and may recommend it to telecommunications service
providers and communications facilities manufacturers for seeking healthy
development of telecommunications and consumer welfare. However, in case
matters are established by the Korean industrial standards set forth by the
Industrial Standardization Law, those standards will prevail.
(2) The Minister of Information and Communication must make a public notice
when adopting new standards for telecommunications.
(3) Any matters required to promote standardization of telecommunications as
set forth in Paragraph (1) shall be determined pursuant to the Decree of
the Ministry of Information and Communication.
Article 30. Korea Communications Technology Association
(1) The Korea Communications Technology Association (hereinafter referred to as
the "Association") can be established for efficient promotion of services
related to standardization of telecommunications.
(2) The Association shall be a juridical person.
(3) The government can donate to the Association within the limits of the
national budget if needed for establishment and operation of the
Association.
(4) In case where operation of the Association is deemed to have violated laws
or regulations or articles of incorporation, the Minister of Information
and Communication can order an appointment of new members or an alteration
in the articles of incorporation or business plans.
(5) Excluding specific provisions of this Law regarding the Association,
provisions of the Civil Code concerning a foundation shall be applied
mutatis mutandis.
Section 4. Integrated Operations of Telecommunications Facilities
Article 30-2. Securing of Conduit Line Facilities
(1) A person who desires to install or construct the facilities set forth in
each of the following
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items (hereinafter referred to as the "Facility Installing Person") shall
hear and reflect the opinion of a network service provider concerning the
installation of the joint channel structure or conduit line which
accommodates the telecommunications facilities, except for the case in
which it is extremely difficult to reflect the opinion of the network
service provider.
a) Road under the provision of Article 2 of the Road Act;
b) Railroad under the provision of Article 2, Paragraph (1) of the
Railroad Act;
c) Urban railroad under the provision of Article 3, Item a) of the Urban
Railroad Act;
d) Industrial complex under the provision of Article 2, Item e) of the
Industrial Sites and Development Act;
e) A free trade zone under the provision of Article 2, Paragraph (2) of
the Law on Designation of Free Trade Zones
f) Airport area under the provision of Article 2, Item g) of the Aviation
Act;
g) Harbor area under the provision of Article 2, Item d) of the Harbor
Act; or
h) Any facilities or building sites provided in the Presidential Decrees.
(2) The opinion of network service providers concerning the installation of
joint channel structure or conduit line under the provision of Paragraph
(1) shall comply with the standard of installation of conduit line
designated by the Decree of Ministry of Information and Communication.
(3) Provisions of Article 33-5, Article 34-6 (excluding Paragraph (5) and
Article 35 of the Telecommunications Business Law shall apply, mutatis
mutandis, to the provision of joint channel structure or conduit line
installed according to Paragraph (1).
(4) If a Facility Installing Person is unable to reflect the opinion of a
network service provider under the provision of Paragraph (1), he/she shall
give notice of the reason to the relevant network service provider within
thirty (30) days from the date of receipt of the opinion of the network
service provider.
(5) If the Facility Installing Person fails to reflect the opinion of a network
service provider under the provision of Paragraph (1), the relevant
telecommunications service provider
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may require the Minister of Information and Communication to coordinate
this matter.
(6) In the case where the Minister of Information and Communication accepts the
request for coordination and seeks to coordinate the matter provided in
Paragraph (5), the Minister of Information and Communication shall consult
with the head of the competent central administrative agency in advance.
(7) Any necessary matters concerning the coordination in Paragraphs (5) and (6)
shall be provided in the Presidential Decree.
Article 30-3. Installation of Communications Facilities for Internal Use
(1) The structure under the provision of Article 2, Item b) of the Construction
Act shall be equipped with the telecommunications lines facilities for
internal use and shall have a specific area for connecting with
telecommunications circuits facilities.
(2) The scope of structure, standard for installation of telecommunication
lines facilities and securing of area for connection with telecommunication
circuits facilities shall be provided in the Decree of the Ministry of
Information and Communication.
Article 30-4. Deleted (on December 26, 2002)
Article 31. Integrated Operation of Telecommunications Facilities
(1) The Minister of Information and Communication may allow a network service
provider selected in accordance with standards and procedures provided by
the Presidential Decree (hereinafter referred as "integrated operation
service provider") to manage integrated operations of telecommunications
facilities installed under this Law or other laws, attached land, buildings
and other structures (hereinafter referred to as "telecommunications
facilities, etc.") if needed for efficient management and operation of
telecommunications facilities.
(2) In case of integrated operation of telecommunications facilities set forth
under the provision of Paragraph (1), the Minister of Information and
Communication must establish a telecommunications facilities integrated
operation plan (hereinafter referred as the "integrated operation plan")
and consult with the heads of related administrative branches, and the
integrated operation plan must be reviewed by the State Council, and then
be approved by the President.
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(3) The integrated operation plan, set forth by the provision of Paragraph (2),
must include the matters in each of the following items:
a) Scope, timing, method, and procedure of integration
b) Matters related to operation of telecommunications facilities
following the integration
c) Matters set forth under the Presidential Decree
(4) In case the integrated operation plan set forth under Paragraph (2) is to
be established, the Minister of Information and Communication must confer
in advance with the party that installed telecommunications facilities that
are to be integrated.
Article 32. Purchase of Telecommunications Facilities
(1) If necessary for the integrated operation of telecommunications facilities,
etc. set forth under the provision of Article 31, Paragraph (1), the
integrated operation service provider can request purchase of relevant
telecommunications facilities, etc. In this case, owners of relevant
telecommunications facilities, etc. may not object without a justifiable
cause.
(2) Under Paragraph (1), telecommunications facilities, etc. owned by the state
or local governments which the integrated operation service provider
requested to purchase can be sold to the integrated operation service
provider regardless of the provisions of Article 20 of the National
Property Law and Article 82 of the Local Financial Administration Law. In
this case, a calculation method for selling price, selling procedure, a
payment method for selling price, and other necessary matters regarding the
sale will be set forth under the Presidential Decree.
(3) Excluding those nationally or publicly owned facilities which the
integrated operation service provider purchases pursuant to Paragraph (1),
a calculation method or standards for purchase price of other
telecommunications facilities will be determined under the provisions of
Paragraph (1) of Article 67, Article 70, Article 71, Articles 74 through
77, Paragraphs (5) through (7) of Article 78 of the Law on Land Acquisition
and Loss Compensation for Public Utilities.
CHAPTER 4. MANAGEMENT OF TELECOMMUNICATIONS MACHINERY AND TOOLS
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Article 33. Type Approval
(1) One who wishes to manufacture, sell or import telecommunications machinery
and tools that were selected by the Minister of Information and
Communication after conferring with the heads of related administrative
branches must obtain an approval from the Minister of Information and
Communication for the type of these machinery and tools. However, the
foregoing shall not apply to telecommunications machinery and tools for
experiment, research and export purposes or those selected under the Decree
of the Ministry of Information and Communication.
(2) The Minister of Information and Communication shall select and publicly
notify the scope, method and procedure of a type approval set forth under
Paragraph (1).
(3) The Minister of Information and Communication must grant type approval in
cases where particular telecommunications machinery and tools meet
technical standards for telecommunications machinery and tools set forth
under the Decree of the Ministry of Information and Communication.
(4) In cases where a person who acquired a type approval for telecommunications
machinery and tools set forth under Paragraph (1) wishes to sell or display
those machinery and tools, he/she must make an indication of the type
approval as set forth under the Decree of the Ministry of Information and
Communication.
(5) In cases where a person who acquired a type approval for telecommunications
machinery and tools set forth under Paragraph (1) desires to change any
details covered by the type approval, he/she shall report the changes to
the Minister of Information and Communication pursuant to the Decree of the
Ministry of Information and Communication. Provided, however, that if the
changes are related to the technical standards set forth in Paragraph (3)
above, such paragraph shall apply mutatis mutandis.
(6) One who wishes to obtain an approval of the type of the machinery and tools
concerned according to Paragraph (1) or report changes pursuant to
Paragraph (5), shall pay the fees determined by the Decree of the Ministry
of Information and Communication.
Article 33-2. Designation of Functional Testing Agencies
(1) In granting type approval under Article 33, the Minister of Information and
Communication may direct a testing agency designated by the Minister
("Designated Testing Agency") to perform functional tests.
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(2) Only a corporate body may be designated as a Designated Testing Agency.
(3) The Minister of Information and Communication may inspect the Designated
Testing Agency in accordance with the Decree of the Ministry of Information
and Communication.
(4) In a case where the Designated Testing Agency falls under any one of the
following items, the Minister of Information and Communication may cancel
the designation or suspend all or a part of its testing services within a
specified period of time less than one year; provided, however, that the
Minister must cancel the designation if the Designated Testing Agency falls
under Item a below:
a) When designated through fraud or illegitimate means;
b) When the Designated Testing Agency fails to perform testing services
without a justifiable cause;
c) When testing is imprecisely performed by willful misconduct or gross
negligence;
d) When the Designated Testing Agency refuses, hinders or evades the
inspection set forth in Paragraph (3) without a justifiable cause, or
the Designated Testing Agency fails to pass the inspection; or
e) When violating telecommunications laws and regulations.
(5) One who desires to be designated as a Designated Testing Agency under the
provision of Paragraph (1) or one who underwent the inspection as set forth
in Paragraph (3) shall pay fees in accordance with the provision of the
Decree of the Ministry of Information and Communication.
(6) Matters relating to the designation, management, testing standards and
supervision of Designated Testing Agencies shall be set forth in the Decree
of the Ministry of Information and Communication.
Article 33-3. Mutual Authorization of Type Approval between Countries
(1) The government may execute an agreement with foreign governments with
respect to the type approval of telecommunications machinery and tools.
(2) If the government execute an agreement in accordance with Paragraph (1), it
may have
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the agreement contain the following: Telecommunications machinery and tools
acquiring the authentication of foreign government, which is the same as or
similar to the type approval under Article 33, shall be deemed to have
acquired the type approval under Article 33, or a foreign testing agency
shall be designated as the Designated Testing Agency under Paragraph (1),
Article 33-2.
(3) If an agreement on the mutual authorization of type approval of
telecommunications machinery and tools is executed with a foreign
government in accordance with Paragraph (1), the Minister of Information
and Communication shall notify the contents of such agreement.
Article 34. Deleted (on January 28, 2000)
Article 34-2. Termination of Type Approval
(1) If a person who acquired a type approval for telecommunications machinery
and tools according to the provision of Article 33, Paragraph (1) desires
to stop the manufacturing, sale or import of telecommunications machinery
and tools, he/she may apply to the Minister of Information and
Communication for the termination of the type approval concerned.
(2) Necessary matters relating to the application for the termination of a type
approval under Paragraph (1) are to be set forth pursuant to decree of the
Ministry of Information and Communication.
Article 35. Cancellation of Type Approval
(1) The Minister of Information and Communication can cancel a person's type
approval, suspend manufacture of relevant products, or take other necessary
measures when any one of the following paragraphs applies to a person who
acquired a type approval for telecommunications machinery and tools
according to the provision of Article 33, Paragraph (1).
a) Cases where a type approval is acquired through fraud or other
illegitimate means;
b) Cases where particular telecommunications machinery and tools do not
meet technical standards under Article 33, Paragraph (3); or
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c) Cases where an indication of type approval under Article 33, Paragraph
(4) is not made or cases where a false indication is made.
(2) In case where Item a) or c) of Paragraph (1) applies to a person who
acquired a type approval pursuant to Article 33, Paragraph (1) and his/her
type approval is canceled, he/she may not apply for the type approval of
the telecommunications machinery and tools concerned within the period
provided by the Decree of the Ministry of Information and Communication,
which shall not exceed six (6) months from the date of cancellation.
Article 36. Post-supervision
(1) No one can sell or display for sale telecommunications machinery and tools
that do not obtain a type approval under Article 33, Paragraph (1) or those
machinery and tools that do not have an indication of type approval under
Paragraph (4) of the same Article. However, the same is not true in cases
of telecommunications machinery and tools for experiment or research
purposes.
(2) If necessary for confirmation of whether particular telecommunications
machinery and tools satisfy the provisions regarding a type approval, the
Minister of Information and Communication can have affiliated civil
servants investigate or experiment upon telecommunications machinery and
tools which are being manufactured, imported or distributed.
(3) The Minister of Information and Communication can give an order of
destruction or confiscation of telecommunication machinery and tools that
were sold or displayed for sale in violation of the provision in Paragraph
(1), or give the same order to those who manufactured, imported, sold or
displayed for sale those telecommunications machinery and tools which were
judged to be inferior goods as a result of an investigation/experiment
under Paragraph (2).
(4) Provision of Article 25, Paragraph (6) shall be applied to Paragraph (2)
mutatis mutandis.
(5) Necessary matters relating to the procedure and method of investigation or
experiment under Paragraph (2) are to be set forth pursuant to decree of
the Ministry of Information and Communication.
CHAPTER 5. COMMUNICATIONS COMMISSION
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Article 37. Establishment and Composition of the Communications Commission
(1) The Communications Commission shall be established under the auspices of
the Ministry of Information and Communication in order to review and
determine matters related to the organization of the environment of fair
competition in telecommunications businesses and the protection of consumer
rights in telecommunications services and to arbitrate the disputes between
the telecommunications service providers or between the telecommunications
service provider and the consumer.
(2) The Communications Commission will consist of no more than 9 members,
including a chairman, one of which shall be standing.
(3) The Communications Commission members, including the chairman, shall be
appointed or commissioned by the President pursuant to Presidential Decree.
(4) An executive office shall be established under the auspices of the
Communications Commission in order to conduct business of the
Communications Commission.
Article 38. Qualifications for Commission Members
(1) Qualifications for Communications Commission members shall be as follows:
a) One who held or is holding a civil service position of the third-class
or higher;
b) One who held or has held to date a position of a judge, prosecutor or
lawyer for fifteen or more years;
c) One who held or is holding an academic position of assistant professor
or higher at a university set forth under the Higher Education Law or
at an authorized research institute, or one who held or has held to
date an equivalent position for ten or more years after having majored
in law, economics, business management, electronics,
telecommunications engineering or other telecommunications-related
studies at a university;
d) Representative of a telecommunications-related institute or
organization, or one who held to date a position of executive for ten
or more years at a telecommunications-related business; or
e) One who held or has held to date a position related to
telecommunications consumer protection for fifteen or more years.
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(2) Terms of duty for Commission members who are not civil servants are 3
years, and consecutive terms are also possible.
Article 39. Guarantee of Status of Commission Members
A member of the Communications Commission cannot be dismissed or have his/her
nomination revoked against his/her will unless one of the following paragraphs
applies:
a) In case of being sentenced with imprisonment or more
b) In case of being incapable of performing his/her duties due to
physical or mental incapacity over a long period of time
Article 40. Functions of the Communications Commission
The Communications Commission shall review and determine matters falling under
each of the following items pursuant to this Law and other relevant laws and
regulations, and conducts arbitration according to the provision of Article
40-2:
a) Matters related to the provision of telecommunications facilities,
joint utilization of subscriber's lines, joint utilization of wireless
communications facilities, interconnection, joint use etc. of
telecommunications facilities, standards for provision of information,
respectively under Paragraph (3) of Article 33-5, Paragraph (2) of
Article 33-6, Paragraph (3) of Article 33-7, Paragraph (2) of Article
34, Paragraph (2) of Article 34-3, and Paragraph (2) of Article 34-4
of the Telecommunications Business Law;
b) Matters related to the approval of standards under the provision of
Article 34-4, Paragraph (4) of the Telecommunications Business Law;
c) Matters related to the approval or report of an agreement on provision
or joint utilization of telecommunications facilities,
interconnection, joint use, etc. or provision of information under
Article 34-6 of the Telecommunications Business Law;
d) Matters related to the establishment and amendment of the
Telecommunications Signals Administration Plan under the provision of
Article 36, Paragraphs (1) and (2) of the Telecommunications Business
Act;
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e) Deleted (on December 26, 2002)
f) Matters related to the measures on the prohibitive activities under
Article 37, Paragraph (1) of the Telecommunications Business Law;
f-2) Matters related to the imposition of penalty surcharge on prohibited
acts under Article 37, Paragraph (1) of the Telecommunications
Business Law;
g) Matters necessary for the performance of the prior selection system
and for the designation of the prior selection registration center and
the method of operations related thereto, etc. under Article 38-3,
Paragraph (4) of the Telecommunications Business Law;
h) Matters related to plans for mobility of telecommunications numbers
under Article 38-4, Paragraph (4) of the Telecommunications Business
Law;
i) Matters prescribed by other laws as matters to be reviewed by the
Communications Commission; and
j) Any other matters that the Minister of Information and Communication
deems that review by Communications Commission is necessary for the
purpose of developing a fair competitive environment in the
telecommunications service business and protecting the rights of
telecommunications service users;
Article 40-2. Arbitration of Communications Commission
(1) Telecommunications service providers or users may apply to Communications
Commission for arbitration, when they fail to or are not able to reach an
agreement on the following:
a) Reimbursement of expenses under Article 33-2 of the Telecommunications
Business Law or compensation for damages under Article 46 of the
Telecommunications Business Law
b) Execution of an agreement on providing of telecommunications
facilities, joint utilization of wireless communications facilities,
interconnection, joint utilization, or provision of information,
respectively under Paragraphs (1) and (2) of Article 33-5, Paragraphs
(1) and (2) of Article 33-7, Paragraph (1) of Article 34, Paragraph
(1) of Article 34-3 and Paragraph (1) of Article 34-4;
c) Enforcement of an agreement or the compensation for damages on
providing of
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telecommunications facilities, joint utilization of wireless
communications facilities, interconnection, joint utilization, or
provision of information, respectively under Paragraphs (1) and (2) of
Article 33-5, Paragraphs (1) and (2) of Article 33-7, Paragraph (1) of
Article 34, Paragraph (1) of Article 34-3 and Paragraph (1) of Article
34-4;
d) Any other disputes in relation to the telecommunications business or
matters prescribed in other laws as matter for arbitration by the
Communications Commission
(2) If the Communications Commission receives an application for arbitration
under Paragraph (1), it shall notify the other party thereof and give it an
opportunity to state its opinion within the prescribed period. If the party
does not accept such an opportunity without justifiable reason, however,
the above shall not be applied.
(3) If the Communications Commission conducts an arbitration according to an
application for arbitration as set forth in Paragraph (1), it shall send
the parties the arbitration documents without delay.
(4) When the Communications Commission conducts an arbitration and if a lawsuit
on the contents of arbitration is not filed within sixty (60) days from the
date when the original of arbitration documents is sent to the parties or
is withdrawn, an agreement with the same contents as those of arbitration
is deemed to be conclusive between parties.
(5) If a party is dissatisfied with the amount to be paid or received by the
party, as set forth in the arbitration of the Communications Commission,
he/she may claim the increase of such amount through lawsuit within sixty
(60) days from the date when it receives the arbitration documents.
(6) The lawsuit under Paragraph (5) shall have the other party as the
defendant.
Article 40-3 Conciliation of Disputes
If the Communications Commission receives an application for arbitration under
Article 40-2, Paragraph (1) and considers it inappropriate for arbitration or
otherwise necessary, it may constitute a subcommission for each dispute and
arrange conciliation.
Article 41. Quorum for Ruling
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Rulings of the Communications Commission are made upon approval of the majority
of registered members.
Article 42. Exclusion, Refusal or Refrainment of Member
(1) If a member of the Communications Commission falls under any of the
following items, he/she shall be excluded from the consultation or ruling
for the relevant case:
a) If a member, his/her spouse or a person who has been his/her spouse
becomes a party, a joint holder of right or an obligor in the relevant
case;
b) If a member is or has been a relative of a party of the relevant case;
c) If a member or a corporate body for which the member is working, is a
consultant or a counselor of the relevant party for legal or
managerial matters;
d) If a member or a corporate body for which the member is working,
provides a testimony or an expert opinion; or
e) If a member or a corporate body for which the member is working,
engages or was engaged in the case as an agent of the relevant party.
(2) If there are any circumstances that make it difficult for a member to make
a fair consultation or ruling, the party may challenge the eligibility of
the member concerned. Such case shall be settled by the ruling of the
Communications Commission.
(3) If a member falls under a case set forth in Paragraph (1) or (2), he/she
may voluntarily refrain from the consultation or ruling of the relevant
case.
Article 43. Inspection and Hearing of Opinion, etc
When deemed necessary to manage the arbitration, the Communications Commission
may take any of the following acts upon the petition of the party or at its own
authority:
a) Requesting a party or a witness to attend, or hearing opinion;
b) Requesting an expert to provide his/her opinion;
c) Requesting submission of documents or goods relating to the disputes,
and
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keeping custody of such submitted documents or goods; or
d) Causing a civil servant of the Communications Commission to enter the
business place of a party or any other place relating to the disputes,
to inspect, peruse or copy the relevant documents or goods.
Article 44. Operation of the Communications Commission
Necessary matters relating to the organization and operation of the
Communications Commission, except for those provided in this Law, are to be set
forth pursuant to the Presidential Decree.
Article 44-2. Information and Telecommunications Policy Review Committee
(1) The Information and Telecommunications Policy Review Committee shall be
established under the auspices of the Ministry of Information and
Communication in order to review the following major policies with respect
to telecommunications:
a) Basic plan on telecommunications under Article 5
b) Technology promotion enforcement plan under Article 5
c) Approval on the basic telecommunications business under Article 5,
Paragraph (1) of the Telecommunications Business Law
d) Major policies related to the information and communication industry
e) Other matters considered by the Minister of Information and
Communication to be reviewed by the Information and Telecommunications
Policy Review Committee
(2) Necessary matters relating to the organization and operation of Information
and Telecommunications Policy Review Committee under Paragraph (1) are to
be set forth pursuant to the Presidential Decree.
CHAPTER 5-2. MANAGEMENT OF COMMUNICATIONS DISASTERS
Article 44-3 Establishment of Basic Plans for Communications Disaster Management
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(1) The Minister of Information and Communication shall establish the basic
plans for management of communication disasters ("Basic Plan") with regard
to telecommunications services of network service providers as determined
by the Decree of the Ministry of Information and Communication (hereinafter
referred to as "major network service providers"), in order to prevent the
occurrence of disasters under the Disaster Management Law, other disasters
under the Countermeasures against Natural Disasters Law, or any other
physical or functional defects, and to render prompt control and/or
recovery of communication disasters. In this case, the Basic Plan shall be
deemed the national disaster management plan under Article 12 of the
Disaster Management Law and plan for the communication field among the
execution plans for prevention of disasters under Article 16 of the
Countermeasures against Natural Disasters Law.
(2) The Basic Plan shall include the following items:
a) Matters concerning designation and management of telecommunications
facilities and their locations, etc., which are subject to high risk
of occurrence of communication disasters or which should be
continuously managed for the prevention of communications disasters;
b) Matters necessary for the prevention of communications disasters as
set forth below; and
1. Establishment of bypass communication paths;
2. Composition of information system for linked operation of
telecommunications line facilities;
3. Procurement of goods required for recovery from damages.
c) Any other matters which are deemed to be necessary for the management
of communications disasters.
(3) In establishing the Basic Plan under Paragraph (1) above, the Minister of
Information and Communication shall prepare guidelines for the
establishment of the Basic Plan and notify them to the major network
service providers.
(4) The major network service providers shall prepare plans for management of
communication disasters pursuant to the guidelines under Paragraph (3)
above, and submit the plans to the Minister of Information and
Communication.
(5) The Minister of Information and Communication shall prepare the Basic Plan
pursuant to
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the plans for management of communications disasters submitted by the major
network service provider under Paragraph (4), and establish the Basic Plan
after review by the Communications Disasters Management Committee under
Article 44-5.
(6) The Minister of Information and Communication shall notify the relevant
major network service provider of matters related to such major network
service provider among the Basic Plans determined pursuant to Paragraph (5)
above.
(7) Details necessary for establishment of the Basic Plans shall be determined
pursuant to the Presidential Decree.
(8) Paragraphs (3) through (7) shall apply mutatis mutandis concerning any
changes to the Basic Plans.
Article 44-4 Preparation for Communications Disasters
(1) In case where communication disasters have occurred or are likely to occur,
the Minister of Information and Communication may cause network service
providers to conduct integrated operation of their telecommunication
facilities together with those of other network service providers or owners
of private telecommunications facilities, for the purpose of maintaining
communications for the area in which the disaster has occurred and carrying
out urgent repairs thereof.
(2) In compensating for the actual costs incurred by the integrated operation
of telecommunications facilities under Paragraph (1) above, Paragraph (3)
of Article 22 shall apply mutatis mutandis.
(3) Any matters necessary for the integrated operation of telecommunications
facilities under Paragraph (1) hereof shall be determined pursuant to the
Decree of the Ministry of Information and Communication.
Article 44-5 Communications Disaster Management Committee
(1) The Communications Disaster Management Committee shall be established under
the auspices of the Ministry of Information and Communication in order to
review matters related to communications disaster management.
(2) The Communications Disaster Management Committee shall be made up of not
more than fifteen (15) members, including one (1) chairman of the
committee.
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(3) The Minister of Information and Communication shall take the position of
the chairman of the committee, and members of the committee shall consist
of those appointed by the chairman, among deputy ministers of central
administrative organizations as nominated by the Presidential Decree, or
among any of the following:
a) Representative of a major network service provider;
b) Head of a telecommunications business group; or
c) A person who is knowledgeable and experienced in communications
disaster management.
(4) A working committee shall be established for the efficient operation of the
Communications Disaster Management Committee.
(5) Any matters necessary for the constitution or operation of the
Communications Disaster Management Committee and its working committee
shall be determined pursuant to the Presidential Decree.
Article 44-6 Function of the Communications Disaster Management Committee
The Communications Disaster Management Committee shall review the following
items:
a) Basic guidelines for communication disaster management;
b) Basic plans; and
c) Any matters concerning major policies proposed by the chairman of the
committee in relation to communications disasters.
Article 44-7 Report of Communications Disasters
The major network service provider shall report the status, cause, details of
emergency and measures for recovery of the disasters without delay, to the
Minister of the Information and Communication, once a communications disaster
occurs with regard to its telecommunications services.
Article 44-8 Communications Disaster Response Center
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(1) In case where the scope of the communications disaster is so broad that
government-level measures are required, the Minister of Information and
Communication may establish and operate a Communications Disaster Response
Center (hereinafter referred to as the "Response Center").
(2) The Minister of the Information and Communication shall take position of
the head of the Response Center.
(3) Any matters necessary for the constitution or operation of the Response
Center shall be determined pursuant to the Presidential Decree.
(4) The major network service providers shall report the status of recovery for
communications disasters to the Response Center pursuant to the Decree of
the Ministry of Information and Communication.
CHAPTER 6. SUPPLEMENTARY RULES
Article 45. Reports or Inspections
(1) When provided by the Decree of the Ministry of Information and
Communication, the Minister of Information and Communication may require
one who installed telecommunications facilities to make a report on those
facilities or have affiliated civil servants inspect conditions of
facilities, books or documents by visiting offices, business premises,
manufacturing plants or working premises.
(2) In case there exists a person who installed telecommunications facilities
in violation of this Law, the Minister of Information and Communication can
order removal of the relevant facilities or take other necessary measures.
(3) Article 36, Paragraph (4) shall apply to the case described in Paragraph
(1).
Article 45-2. Hearing
In the case where the Minister of Information and Communication intends to take
any of the following measures, he/she must hold a hearing:
a) Cancellation of the designation in accordance with the provision of
Article 33-2, Paragraph (4); or
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b) Cancellation of type approval in accordance with the provision of
Article 35, Paragraph (1).
Article 46. Commission or Consignment of Authority
(1) Part of the authority of the Minister of Information and Communication
pursuant to this Law can be delegated to the Officer of Communications or
the Head of Radio Research Lab according to the provisions set forth under
the Presidential Decree.
(2) The Minister of Information and Communication can delegate services
described in Article 29 or Article 36, Paragraph (2) to network service
providers or the Association according to the provisions set forth under
Presidential Decree.
CHAPTER 7. PENAL REGULATIONS
Article 47. Penal Regulations
(1) One who unnecessarily carried false communications through
telecommunications facilities with the intention of harming public interest
will be sentenced with imprisonment of up to 5 years or a fine of up to 50
million won.
(2) One who unnecessarily carried false communications through
telecommunications facilities with the intention to benefit oneself/others
or with the intention of damaging others will be sentenced with
imprisonment of up to 3 years or a fine of up to 30 million won.
(3) If false communications as described in Paragraph (2) are related to
telegraphic transfers (money orders), such person(s) will be sentenced with
imprisonment of up to 5 years or a fine of up to 50 million won.
(4) When a person who works in telecommunications services commits an activity
prescribed in Paragraph (1) or (3), he/she will be sentenced with
imprisonment of up to 10 years or a fine of up to 100 million won, and when
he/she commits activities prescribed in Paragraph (2), he/she will be
sentenced with imprisonment of up to 5 years or a fine of up to 50 million
won.
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Article 48. Penal Regulations
One who manufactured, sold or imported telecommunications machinery and tools
without obtaining type approval in violation of Article 33, Paragraph (1) will
be sentenced with imprisonment of up to 3 years or a fine of up to 30 million
won.
Article 48-2. Deleted (on January 16, 2001)
Article 49. Penal Regulations
One to whom any one of the following items applies will be sentenced with
imprisonment of up to 1 year or a fine of up to 10 million won.
a) One who installed or altered telecommunications facilities without
making report under Paragraph (1) of Article 17, or one who installed
telecommunications facilities without obtaining an approval pursuant
to the proviso clause of the same provision;
b) One who installed private telecommunications facilities without making
a report or a report on changes under Paragraph (1) of Article 20;
c) One who intermediates other person's communications or operates the
facilities in contravention of the purpose of installation, through
use of private telecommunications facilities under Article 21,
Paragraph (1);
d) One who violated the order whereby he/she shall conduct the
telecommunications services under Article 22, Paragraph (1) or other
major telecommunications services, or connect its facilities to other
telecommunications facilities;
e) One who violated an order for suspension of use under Article 23,
Paragraph (2) or orders for suspension of use, amendment or repair
under Article 23, Paragraph (3);
f) One who displays telecommunications machinery and tools for the
purpose of selling, without obtaining type approval under Article 33,
Paragraph (1);
g) One who violated an order for suspension of production under Article
35, Paragraph (1);
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h) One who violated an order for destruction or removal under Article 36,
Paragraph (3);
i) One who violated an order for removal of telecommunications facilities
under Article 45, Paragraph (2);
Article 50. Deleted (on January 28, 2000)
Article 51. Double Penal Provisions
When a representative of a corporate body, a proxy for a corporate
body/individual, an employee or a worker for a corporate body/individual commits
a violation of Articles 48, 48-2 and 49 regarding the business of that corporate
body /individual, not only the person who committed that violation will be
punished, but also the corporate body or individual will be sentenced with a
fine pursuant to the pertinent Article.
Article 52. Fictitious Civil Servant in Application of Penal Provisions
A Communications Commission member who is not a civil servant, one who conducts
functional testing business in accordance with Article 33-2, Paragraph (1) and
one who handles an entrusted business pursuant to Paragraph (2) of Article 46 is
to be considered a civil servant in application of Articles 129 through 132
under the Criminal Law.
Article 53. Penalties
(1) One to whom any one of the following items applies will be subject to a
penalty of up to 10 million won:
a) One who used personal telecommunications facilities without
confirmation in violation of Article 20, Paragraph (3);
b) One who fails to conduct testing under the provision of Article 25,
Paragraph (2) or fails to record or manage the results;
c) One who refuses, evades or hinders the inspection or test under the
provision of Article 25, Paragraph (5);
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d) One who manages the telecommunications facilities without preparing
the management provisions under the provision of Article 26, Paragraph
(1);
e) One who violates the order under the provision of Article 27;
f) One who sells or displays telecommunications machinery and tools for
the purpose of selling, without obtaining type approval under Article
33, Paragraph (4) hereof;
g) One who produces or imports telecommunications machinery and tools
which have been determined as defective products as a result of an
investigation or test under Article 36, Paragraph (2) hereof, or sells
or displays telecommunications machinery and tools for the purpose of
selling, while having the knowledge that such facilities were
determined as defective products;
h) One who refuses, evades or hinders the investigation or test under the
provision of Article 36, Paragraph (2) hereof;
i) One who fails to submit the plan for management of communication
disasters under Article 44-3, Paragraph (4) hereof;
j) One who fails to report the communication disasters under Article 44-7
hereof, or reported falsely;
k) One who fails to make reports on the status of recovery of damages,
etc. under Article 44-8, Paragraph (4) hereof, or reported falsely; or
l) One who fails to make reports under Article 45, Paragraph (1) hereof,
or reports falsely;
m) One who refuses, evades or hinders the inspection under Article 45,
Paragraph (1) hereof.
(2) A penalty pursuant to Paragraph (1) is to be levied and collected by the
Minister of Information and Communication according to the Presidential
Decree.
(3) One who is dissatisfied with the disposition of a penalty pursuant to
Paragraph (2) can file an objection to the Minister of Information and
Communication within 30 days from the date of notification of the
disposition.
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(4) When a person subject to a penalty disposition under Paragraph (2) files an
objection pursuant to Paragraph (2), the Minister of Information and
Communication must notify a competent court immediately, and the notified
competent court shall decide on the penalty according to the Non-Litigation
Procedure Law.
(5) When a person neither files an objection under Paragraph (3) nor pays the
penalty, the penalty will be collected as in the case of a coercive
collection of a national tax.
ADDENDA
Article 1. Date of Enforcement
This Law shall be enforced 4 months after the date of promulgation.
Article 2. Interim Measures for Confirmation of Technical Standards Adaptability
One who installed telecommunications circuit facilities and has operated a
public telecommunications business at the time of enforcement of this Law must
obtain a confirmation from the Minister of Information and Communication in
accordance with Article 25, Paragraph (2) concerning previously-installed
telecommunications facilities within 1 year from the date of enforcement of this
Law.
Article 3. Interim Measures for Management Provisions
One who installed telecommunications circuit facilities and has operated a
public telecommunications business at the time of enforcement of this Law must
establish management provisions and report them to the Minister of Information
and Communication within 1 year from the date of enforcement of this Law.
Article 4. Interim Measures for Type Approval
Telecommunications facilities that acquired type approval under the previous
Article 30, Paragraph (1) will be deemed to have acquired type approval from the
Minister of Information and Communication under Article 33, Paragraph (1) and
also considered to have acquired a renewal of expiration date under Article 34,
Paragraph (1) on the date of enforcement of this
- 34 -
Law.
Article 5. Interim Measures for the Association
1. Korea Communications Technology Association, Incorporated (hereinafter
referred as the "Corporation"), established under Article 32 of the Civil
Code at the time of enforcement of this Law, can request the necessary
approval from the Minister of Information and Communication in order that
the Association, which will be established under Article 30 of this Law
will be able to inherit all its rights and responsibilities following a
decision of its board of trustees.
2. The Corporation, upon acquiring approval of its request under Paragraph
(1), will be considered to have been dissolved simultaneously with the
establishment of the Association under this Law, regardless of the
provisions on dissolution and liquidation of a corporation under the Civil
Code.
Article 6. Interim Measures for Approval, etc.
In case an approval, a license, a disposition, an order or a notification
enacted under previous provisions at the time of enforcement of this Law,
excluding Article 2 and Article 4, has a relevant provision in this Law, it
shall be deemed to have been enacted by this Law.
Article 7. Revision of Other Laws
1. Article 5, Paragraph (2), Item d) of the Radio Waves Regulation Law is
revised as follows:
"4. a wireless station which under provides telecommunications services
under Article 2, Paragraph (7) under the Telecommunications Basic Law"
2. The Laws on the Expansion of Distribution and Promotion of Use of Computer
Networks shall be revised as follows:
"A manager of a public telecommunications business according to the
provision of Article 8, Paragraph (1) under the Telecommunications Basic
Law" in Article 8, Paragraph (1) is changed to "a network service Provider
under Article 7 of the Telecommunications Basic Law."
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3. The Industrial Technology Information Institute Law shall be revised as
follows:
"Article 20, Paragraph (2), Item d)" in Article 7, Paragraph (1), Item b)
is changed to "Article 8, Paragraph (2), Item d) of the Telecommunications
Basic Law"
4. The Mail Substitution Act shall be revised as follows:
"A person managing a public telecommunications business under Article 7 of
the Telecommunications Basic Law" in Article 29-2, Paragraph (1), Item c)
shall be changed to "a network service provider under Article 7 of the
Telecommunications Basic Law."
5. In the case where a provision of the previous Telecommunications Basic Law
is quoted in other laws at the time of enforcement of this Law and has a
related provision with relevant contents in this Law, the relevant
provision in this Law shall be deemed to be quoted in substitution of the
provision of the previous law.
ADDENDA (Law No. 4528, December 8, 1992)
Article 1. Date of Enforcement
This Law shall be enforced six (6) months after its promulgation.
Articles 2 through 11 Omitted
ADDENDA (Law No. 4541, March 6, 1993)
Article 1. Date of Enforcement
This Law shall be enforced as of the date of its promulgation. (The proviso was
omitted)
Articles 2 through 5 Omitted
ADDENDA (Law No. 4905, January 5, 1995)
- 36 -
Article 1. Date of Enforcement
This Law shall be enforced three (3) months after its promulgation. Provided,
that the preparatory acts for enforcement of Article 2, Paragraph (1) of the
Addenda may be conducted even prior to the enforcement of this Law.
Article 2. Interim Measures for Korea Electronics and Telecommunications
Research Institute
(1) In a case where the foundation, namely the Korea Electronics and
Telecommunications Research Institute which has been established after
acquiring a license from the Minister of Information and Communication in
accordance with the provision of Article 32 of the Civil Code, obtains
approval for succession of its status from the Minister of Information and
Communication after obtaining the Board of Directors' resolution at the
time of the enforcement of this Law, the Institute shall be deemed to be
Korea Electronics and Telecommunications Research Institute which is
established in accordance with the amended provisions of Article 15-2
("KETRI").
(2) In case, the foundation, Korea Electronics and Telecommunications Research
Institute, obtains an approval according to Paragraph (1), KETRI shall
immediately register its incorporation. In this case, the foundation, Korea
Electronics and Telecommunications Research Institute, shall be deemed to
have been dissolved.
(3) In the case of Paragraph (1), all of the properties and rights and
obligations of the foundation, Korea Electronics and Telecommunications
Research Institute, shall be deemed to be those of KETRI and the name of
the foundation, Korea Electronics and Telecommunications Research Institute
which is described in the registry regarding the properties and rights and
obligations and other public ledger shall be deemed to be that of KETRI.
(4) Value of the properties which are deemed to be that of KETRI in accordance
with Paragraph (3), shall be book value as of the preceding day of the date
of registration of incorporation according to Paragraph (2).
(5) In the case of Paragraph (1), actions taken by or against the foundation,
Korea Electronics and Telecommunications Research Institute, before the
enforcement of this Law shall be deemed as actions by or against KETRI in
accordance with this Law.
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(6) In the case of Paragraph (1), officers and employees of the foundation,
Korea Electronics and Telecommunications Research Institute, at the time of
the enforcement of this Law shall be deemed to have been elected or
appointed as officers and employees of KETRI according to this Law. In this
case, the office term of officers shall commence on the point of time when
they have been elected as officers of the foundation, Korea Electronics and
Telecommunications Research Institute.
Article 3. Interim Measures for Agreements on Provision of Telecommunications
Facilities
Agreements on provision of telecommunications facilities which has obtained an
approval in accordance with Article 18 of the previous Telecommunications Basic
Law at the time of the enforcement of this Law shall be deemed to have reported
in accordance with the amended provisions of Article 18 of this Law.
Article 4. Interim Measures for Effective Period of Type Approval
Among the telecommunications machinery and tools which has obtained type
approval in accordance with Article 33 of the previous Telecommunications Basic
Law before the enforcement of this Law, the effective period of those of which
effective period does not expire at the time of the enforcement of this Law
shall be applied by the amended provision of Article 34. In this case, the
effective period shall commence on the date when the type approval concerned has
been obtained.
ADDENDA (Law No. 5219, December 30, 1996)
Article 1. Date of Enforcement
This Law shall be enforced one (1) month after the date of promulgation.
Article 2. Interim Measures for Korea Electronics and Telecommunications
Research Institute, etc.
(1) Korea Electronics and Telecommunications Research Institute under the
previous provisions at the time of the enforcement of this Law shall be
deemed to be KETRI which is established in accordance with the amended
provision of Article 15-2.
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(2) Korea Communications Technology Association under the previous provision at
the time of the enforcement of this Law shall be deemed as the Association
which is established in accordance with the amended provision of Article
30.
Article 3. Interim Measures for the Installation of Personal Telecommunications
Facilities
One who has acquired the approval on the installation of personal
telecommunications facilities or alterations thereof in accordance with the
previous provisions at the time of enforcement of this Law shall be deemed to
have reported in accordance with the amended provision of Article 20, Paragraph
(1).
Article 4. Revision of Other Laws
(1) The Computer Network Extension and Use Promotion Law is revised as follows:
"Korea Communications Technology Association" of Article 28 is revised as
"Korea Information and Communication Technology Association."
ADDENDA (Law No. 5385, August 28, 1997)
Article 1. Date of Enforcement
This Law shall be enforced as of January 1, 1998.
Articles 2 through 8 Omitted
ADDENDA (Law No. 5386, August 28, 1997)
Article 1. Date of Enforcement
This Law shall be enforced as of January 1, 1998. (The proviso was omitted)
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Articles 2 through 8 Omitted
ADDENDA (Law No. 5453, December 13, 1997)
Article 1. Date of Enforcement
This Law shall be enforced as of January 1, 1998. (The proviso was omitted)
Article 2. Omitted
ADDENDA (Law No. 5454, December 13, 1997)
This Law shall be enforced as of January 1, 1998. (The proviso was omitted)
ADDENDA (Law No. 5733, January 29, 1999)
Article 1. Date of Enforcement
This Law shall be enforced as of the date of its promulgation.
Articles 2 through 11 Omitted
ADDENDA (Law No. 6231, January 28, 2000)
Article 1. Date of Enforcement
This Law shall be enforced three (3) months after the date of promulgation.
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Articles 2. Interim Measures for Penal Regulations
For any violation before the enforcement of this Law, the penal regulations of
the previous law shall apply.
ADDENDA (Law No. 6360, January 16, 2001)
Article 1. Date of Enforcement
This Law shall be enforced from July 1, 2001.
Articles 2 through 6 Omitted
ADDENDA (Law No. 6602, January 14, 2002)
Article 1. Date of Enforcement
This Law shall be enforced from July 1, 2002.
Article 2. Interim Measures for Penal Regulations
For any violations that were committed before the enforcement of this Law, the
penal regulations of the previous law shall apply.
Article 3. Revision of Other Laws
The Telecommunications Business Law shall be revised as follows:
Article 32-3 shall be deleted.
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ADDENDA (Law on Land Acquisition and Loss Compensation for Public Utilities)
(Law No.6656, February 4, 2002)
Article 1. Date of Enforcement
This Law shall be enforced from January 1, 2003.
Articles 2 through 10 Omitted
Article 11 Revision of Other Laws
Paragraphs (1) through (49) Omitted
(50) The Telecommunications Basic Law shall be revised as follows:
"Article 4 of the Special Law on Public Property Acquisition and Loss
Compensation" shall be replaced by "Paragraphs (1) of Article 67, Article 70,
Article 71, Articles 74 through 77, Paragraphs (5) through (7) of Article 78 of
the Law on Land Acquisition and Loss Compensation for Public Utilities" among
the provisions of Article 32, Paragraph (3).
Paragraphs (51) through (85) Omitted
Article 12 Omitted
ADDENDUM (Law No. 6823, December 26, 2002)
This Law shall be enforced three (3) months after the date of promulgation.
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