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     6. the term “telecommunication service” means connecting of customer’scommunication through the use of telecommunication facilities or providingtelecommunication facilities for customer’s communication.     7. the term “telecommunication business” means the business of providingtelecommunication service.     8. the term “telecommunications business operator” means a person who providestelecommunications service with holding a license or making a registration or reportunder this Act;     9. the term “user” means a person who has made a contract for the use of anytelecommunications service with the telecommunications business operator in order toreceive a provision of telecommunications service; and     10. the term “universal service” means the basic telecommunications service which anyuser may receive at reasonable fees anytime and anywhere     11. theterm “key communication service” means the telecommunication service such astelephone and internet services which transmit or receive voice, data, image, etc.without changing their content and the telecommunication service where telecommunicationline facilities is lent for transmission and receipt of voice, data, image, etc.,provided, however that individual telecommunication services determined and announced bythe Korea Communications Commission (individual telecommunication service under Article6) are excluded.     12. the term “added telecommunication service” means telecommunication services otherthan key communication services.Article 3 (Duty of Providing Services, etc.)     (1) A telecommunications business operator shall not refuse to provide any telecommunicationsservice, without justifiable reasons.     (2) A telecommunications business operator shall guarantee the fairness, speediness andaccuracy in performing his business.     (3) A fee for telecommunications service shall be reasonably fixed so as to ensure a smoothdevelopment of telecommunications business and to provide the users with convenient and diversetelecommunications services in the fair and inexpensive manner.
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Article 4 (Universal Service)     (1) All telecommunications business operators shall have the obligation to provide universalservice or to replenish the losses incurred by such provisions.     (2) The Communications Commission may, notwithstanding the provisions of paragraph (1), exemptthe telecommunications business operator in each of the following subparagraphs from the obligationspecified paragraph (1) above:     1. the telecommunications business operator determined by the Enforcement Decree as atelecommunications business operator for whom an imposition of obligation under paragraph(1) is deemed inadequate in view of the peculiarity of telecommunications service     2. the telecommunications business operator whose turnover of telecommunications service isless than the amount as determined by the Enforcement Decree within the limit of 1/100 oftotal turnover of the telecommunications services, from the relevant obligations.     (3) The details of universal service shall be determined by the Enforcement Decree inconsideration of the following matters:     1. Level of the development of information and communications technology;     2. Level of the dissemination of telecommunications service;     3. Public interest and safety;     4. Promotion of social welfare; and     5. Acceleration of informatization.     (4) In order to provide effective, stable universal service, the Korea CommunicationsCommission may, in consideration of size and quality of universal service, level of price and thetechnical capability of a telecommunications business operator, designate a telecommunicationsbusiness operator through the method and procedure prescribed by the Enforcement Decree.     (5) Under the method and procedure prescribed by the Enforcement Decree, the Korea
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Communications Commission may have a telecommunications business operator bear compensation forlosses incurred in the course of providing universal service based on the total sales.CHAPTER II TELECOMMUNICATIONS BUSINESSSECTION 1 General ProvisionsArticle 5 (Classification, etc. of Telecommunications Business)     (1) The telecommunications businesses shall be classified into a key communications business,a specific communications business and a value-added communications business.     (2) The key communications business shall be the business to install telecommunication linefacilities, and thereby provide the key telecommunication service by making use oftelecommunication line facilities.     (3) The specific communications business shall correspond to one of the followingsubparagraphs:     1. Business which provides a key communications service by making use of telecommunicationline facilities, etc. of a person who has obtained a license for key communications business underArticle 6 (hereinafter referred to as a “key communications businessoperator”); and     2. Business which installs the telecommunications facilities in the premises as determined bythe Enforcement Decree, and provides a telecommunications service therein by making use of the saidfacilities.     (4) The value-added communications business shall be the business providing value-addedcommunication services.SECTION 2 Key Communications BusinessArticle 6 (License etc. of Key Communications Business Operator)
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     (1) A person who intends to run a key communications business shall obtain a license from theKorea Communications Commission.     (2) The Korea Communications Commission shall, in granting a license under paragraph (1),comprehensively examine the matters falling under each of the following subparagraphs:     1. financial capability necessary for implementing the key communication service plan;     2. technical capability necessary for implementing the key communication service plan,     3. adequacy of plans for a user protection;     4. other matters relevant to capacity for providing stable key communication services asdetermined under the Enforcement Decree of the Act.     (3) The Communications Commission shall set forth the detailed examination criteria byexamining item under paragraph (2), period for license and outline of application for license, andmake a public announcement thereof     (4) The Korea Communications Commission may, in case where it grants a license for keycommunications business under paragraph (1), attach the conditions necessary for the promotion offair competition, protection of users, improvement of service quality and efficient employment ofresources for information and communication, in this case such conditions shall be published on itsofficial publication and official webpage.     (5) A person subject to a license under paragraph (1) shall be limited to a juristic person.     (6) Procedures for a license under paragraph (1) and other necessary matters shall bedetermined by the Enforcement Decree.Article 7 (Reasons for Disqualification for License)     Persons falling under each of the following subparagraphs shall not be entitled to obtain thelicense for a key communications business as referred to in Article 6:
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     1. The State or local governments;     2. Foreign governments or foreign corporations; and     3. Corporations whose stocks are owned by foreign governments or foreigners in excess of therestrictions on stock possessions as referred to in Article 8 (1).Article 8 (Restrictions on Stock Possessions of Foreign Governments or Foreigners)     (1) The stocks of a key communications business operator (excluding non-voting stocks underArticle 370 of the Commercial Act, and including the stock equivalents with voting rights, such asstock depositary receipts, etc. and investment equities; hereinafter the same shall apply) shallnot be owned in excess of 49/100 of the gross number of issued stocks, when adding up all of thoseowned by the foreign governments or foreigners.     (2) A corporation whose largest stockholder(hereinafter referred to as the “largeststockholder”) under Article 9(1)1 of the Financial Investment Services and Capital Markets Act isa foreign government or a foreigner (including, throughout this Act, a specially-related personunder Article 9(1)1 of the Financial Investment Services and Capital Markets Act) and not less than15/100 of the gross number of its issued stocks is owned by said foreign government or foreigner(hereinafter referred to as the “fictitious corporation of foreigners”) shall be regarded as aforeigner.     (3) A corporation that owns less than 1/100 of the gross number of stocks issued by a keycommunications business operator shall not be regarded as a foreigner, even if it is equipped withthe requirements as referred to in paragraph (2).Article 9 (Grounds for Disqualifying Officers)     (1) Any person falling under each of the following subparagraphs shall be disqualified toserve as an officer of any key communications business operator:     1. A minor, an incompetent or a quasi-incompetent;
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     2. A person who has yet to be reinstated after having been declared bankrupt;     3. A person who has been sentenced to imprisonment without prison labor or a heavierpunishment on charges of violating this Act, the Framework Act on Telecommunications, the RadioWaves Act or the Act on Promotion of Information and Communications Network Utilization andInformation Protection (excluding matters not directly related to telecommunication business,hereinafter “this Act, etc.”), and for whom three years have yet to pass from the date on which theexecution of the sentence is terminated (including a case where the execution of the sentence isdeemed to be terminated) or the execution of the sentence is exempted;     4. A person who is in a stay period after having been sentenced to a stay of the execution ofthe imprisonment without prison labor or a heavier punishment on charges of violating this Act,etc.;     5. A person who has been sentenced to a fine on charges of violating this Act, etc. and forwhom one years have yet to pass from the date of such sentence; and     6. A person who has been subject to a disposition taken to revoke all or part of hispermission in accordance with Article 20 (1), a disposition taken to revoke all or part of hisregistration in accordance with Article 27 (1), or an order given in accordance with paragraph (2)of the same Article to discontinue all or part of his business and for whom three years have yet topass from the date of such disposition or order. In the case of a corporation, the person refers tothe person who commits the act of causing the disposition to revoke permission, the disposition torevoke registration or the order to discontinue business, and its representative.     (2) In the event that any officer is found to fall under each subparagraph of paragraph (1) oris found to fall under each subparagraph of paragraph (1) at the time that he is selected andappointed as an officer, he shall rightly resign from the office.     (3) Any act in which any officer has been involved prior to his resignation under paragraph(2) shall not lose its legal efficacy.Article 10 (Examination of Public Interest Nature of Stock Acquisition, etc. by KeyCommunications Business Operator)     (1) The Public Interest Nature Examination Committee (hereinafter referred to as the
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“Committee”) shall be established in the Korea Communications Commission in order to make anexamination regarding whether or not what falls under each of the following subparagraphs impedesthe public interests as prescribed by the Enforcement Decree (hereinafter referred to as the“examination of public interest nature”), such as the national safety guarantee and maintenance ofpublic peace and order, etc:     1. Where the principal comes to own not less than 15/100 of the gross number of stocks issuedby a key communications business operator, when adding up those owned by the specially-relatedperson as referred to in Article 9 paragraph (1) subparagraph 1 of the Capital Market Integration Act(hereinafter referred to as the “specially-related person”);     2. Where the largest stockholder of a key communications business operator is altered;     3. Where a key communications business operator or any stockholder of a key communicationsbusiness operator concludes a agreement for important management matters as prescribed by theEnforcement Decree, such as the appointment and dismissal of executives and the transfer ortakeover, etc. of business of the relevant key communications business operator, with a foreigngovernment or a foreigner; and     4. Other cases as prescribed by the Enforcement Decree, where there exists a change in thestockholders who have de facto management rights of a key communications business operator.     (2) Where a key communications business operator or any stockholder of a key communicationsbusiness operator comes to fall under each of subparagraphs of paragraph (1), he shall file areport thereon with the Korea Communications Commission within thirty days from the time when sucha fact took place.     (3) Where a key communications business operator or any stockholder of a key communicationsbusiness operator is to come to fall under each of subparagraphs of paragraph (1), he may, prior tothe said situation, request the Korea Communications Commission to make an examination as referredto in paragraph (1).     (4) Where the Korea Communications Commission has received a report as referred to inparagraph (2) or a request for examination as referred to in paragraph (3), it shall refer it to the Committee.
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     (5) Where the Korea Communications Commission judges that there exists a danger of impedingthe public interests by the cases falling under each of subparagraphs of paragraph (1) in view ofthe result of examination as referred to in paragraph (1), it may order the alteration ofagreement detail and suspension of its implementation, the suspension of exercise of voting rights,or the sale of relevant stocks.     (6) The report as referred to in paragraph (2) or (3), or the scope of key communicationsbusiness operators to be examined of public interest nature, the procedures for reports andexaminations of public interest nature and other necessary matters shall be stipulated by theEnforcement Decree.Article 11 (Composition and Operation, etc. of Public Interest Nature Examination Committee)     (1) The Committee shall consist of not less than five but not more than ten members includingone Chairman.     (2) The Chairman of the Committee shall be the Vice Chairman of the Korea CommunicationsCommission, and the members shall be the persons commissioned by the Chairman from among the publicofficials ranking Grade III or higher grade of related central administrative agencies or publicofficials who belong to senior executive service as specified by the Enforcement Decree of the Act,and falling under each of the following subparagraphs:     1. Persons having profound knowledge and experiences in the information and communications;     2. Persons recommended by the Government-contributed research institutes relating to thenational safety guarantee and maintenance of public peace and order;     3. Persons recommended by the nonprofit non-governmental organizations as referred to inArticle 2 of the Assistance for Nonprofit Non-Governmental Organizations Act; and     4. Other persons deemed necessary by the Chairman.     (3) The Committee may conduct necessary investigations for the examination of public interestnature, or request the interested parties or the reference witnesses to provide the data. In suchcase,
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the relevant interested parties or the reference witnesses shall comply with it unless theyhave any justifiable reasons.     (4) Where the Committee deems it necessary, it may have the interested parties or thereference witnesses attend the Committee, and hear their opinions. In such case, the relevantinterested parties or the reference witnesses shall comply with it unless they have any justifiablereasons.     (5) Matters necessary for the organization or operation, etc. of the Committee shall beprescribed by the Enforcement Decree.Article 12 (Restrictions, etc. on Stockholders of Excessive Possession)     (1) Where a foreign government or a foreigner has acquired the stocks in contravention of theprovisions of Article 8 (1), no voting rights shall be exercised for the stocks under the saidexcessive possession.     (2) The Korea Communications Commission may order the stockholder who has acquired stocks incontravention of the provisions of Article 8 (1), a key communications business operator whereinexists the said stockholder, or the stock-holder of the fictitious corporation of foreigners, tomake corrections in the relevant matters, with specifying the period within the limit of six months     (3) Persons subjected to the order for corrections as referred to in paragraph (2) shall makecorrections in the relevant matters within the specified period.     (4) With regard to the stockholder in contravention of the provisions of Article 8 (1), a keycommunications business operator may refuse any renewals for the excessive portion in the registerof stockholders or of members.Article 13 (Charge for Compelling Execution)     (1) Against the persons who were subjected to the orders as referred to in Articles 10 (5) or12 (2) or 18 (8)(hereinafter referred to as the “corrective orders”) and has failed to comply withthem within the specified period, the Communications Commission may levy the charge for compellingthe execution. In such case, the charge for compelling the execution leviable per day shall be not
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more than 3/1,000 of purchase prices of relevant possessed stocks, but in the case not related withthe stock possession, it shall be the amount not exceeding 100 million won.     (2) The period subject to a levy of the charge for compelling the execution as referred to inparagraph (1) shall be from the day next to the date of expiration of the period set in thecorrective orders to the date of implementing the corrective orders. In such case, a levy of thecharge for compelling the execution shall be made within 30 days from the day next to theexpiration date of the period set in the corrective orders, except for the case where there existsa special reason.     (3) Provisions of Article 53 (5) shall apply mutatis mutandis to the collection of the chargefor compelling the execution.     (4) Matters necessary for the levy, payment, refund, etc. of the charge for compelling theexecution shall be prescribed by the Enforcement Decree.Article 14 (Issuance of Stocks)     A key communications business operator shall, in a case of an issuance of stocks, issue theregistered onesArticle 15 (Obligation of Commencing Business)     (1) A key communications business operator shall install telecommunications facilities andcommence business within the period as fixed by the Korea Communications Commission.     (2) The Korea Communications Commission may, in case where the said business operator isunable to commence business within the period under paragraph (1) due to force majeure and otherunavoidable reasons, extend the relevant period only once, upon an application of the keycommunications business operator.Article 16 (Modification of License)     (1) Where a key communications business operator intends to modify the important matters
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prescribed by the Enforcement Decree from among the matters licensed under Article 6, he shallobtain a modified license from the Korea Communications Commission, under the conditions asprescribed by the Enforcement Decree.     (2) The provisions of Articles 6 (4) and Article 15 shall be applicable mutatis mutandis to amodified license for change under paragraph (1).Article 17 (Concurrent Operation of Business)     (1) A key communications business operator shall, in case where he intends to run any of thebusinesses set forth in the following subparagraphs, obtain approval from the Korea CommunicationsCommission: Provided that, this provision shall not apply to any key communications businessoperator with less than 30,000,000,000 Korean Won in turnover of services.     1. manufacturing of telecommunications [tools]     2. information and communications work pursuant to paragraph 3 of Article 2 of the Informationand Communications Work Business Act (excluding renovation and consolidation work for electronictelecommunications network)     3. services pursuant to subparagraph 6 of Article 2 of the Information and Communications WorkBusiness Act (excluding renovation and consolidation of electronic telecommunications network).     (2) The Korea Communications Commission shall grant approval under paragraph (1), in casewhere deemed that a key communications business operator is not likely to cause any impediments tothe operation of telecommunications service by running a business under paragraph (1), and that itis required for the development of telecommunications.Article 18 (Takeover of Business and Merger of Juristic Persons etc.)     (1) A person who belongs to any one of the categories set forth in the following paragraphsshall obtain an authorization from the Korea Communications Commission under the conditions as
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prescribed by the Enforcement Decree: Provided, notwithstanding subparagraph 3 below, that in casethat person sells telecommunications circuit installations except the ones prescribed by theEnforcement Decree, he shall report it to the Korea Communications Commission under the conditionsas determined by the Enforcement Decree     1. a person who takes or intends to take over the whole or part of a key communicationsbusiness     2. a person who intends to merge with a juristic person which is a key communications businessoperator     3. a key communications business operator intending to sell the telecommunications circuitinstallations necessary for provision of key communications service     4. a person who, along with a certain related person intends to become the [largestshareholder of a key communications business operator or own 15% of more of the issued shares ofthe key communications business operator.     5. a person seeking to acquire control over a key communication business operator by acquiringshares or entering into an agreement, as specified by the Enforcement Decree of the Act     6. a key communication business operator seeking to establish a company to provide part of thekey communication services provided under authorization through such company.     (2) The Korea Communications Commission shall, in case where it intends to grant authorizationunder paragraph (1), comprehensively examine the matters falling under each of the followingsubparagraphs:     1. Appropriateness of financial and technical capability and business operational capability;     2. Appropriateness of management of resources for information and communications, such asfrequencies and telecommunications numbers, etc.;     3. Impact on the competition of key communications business; and     4. Impact on the protection of users and the public interests.
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     5. Impact on public interests, such as the use of telecommunications facilities andcommunication networks, efficiency of research and development and international competitive powerof the communications industry, etc.     (3) Matters necessary for the detailed examination standards by examination items and theexamination procedures, etc. under paragraph (2) shall be fixed and publicly announced by the KoreaCommunications Commission     (4) A person falling under any of the following shall succeed to the telecommunicationlicensee status of the key communication business operator:     1. A person who has taken over the business of a key communications business operator byobtaining an authorization under paragraph (1)     2. a juristic person surviving a merger or that established by a merger, or that establishedby obtaining an authorization under paragraph (2)     3. a company incorporated to provide part of key communication services with the approvalunder paragraph (1)6     (5) The Korea Communications Commission may, in case where it grants authorization orauthorization under paragraph (1), attach conditions under Article 6(4).     (6) The Korea Communications Commission shall, in case where it intends to grant anauthorization under paragraph (1), go through a consultation with the Fair Trade Commission.<Amended by Act No. 6230, Jan. 28, 2000; Act No. 8867, Feb. 29, 2008; Act No. 9481, March 13,2009>     (7) In regard to the criteria for rejection of authorization in paragraph (1), Article 7 shallbe applicable *mutatis mutandis.*     (8) In the event any person/entity subject to Article 1(4) or (5) fails to acquire the permitpursuant thereto, the Korea Communications Commission may order suspension of its voting right orsale of the applicable shares, and if the conditions attached under paragraph (5) are not carriedout, may order such performance within a specific time frame.
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     (9) A person seeking authorization under paragraph (1) shall not do each of the followingprior to obtaining such authorization:     1. unify communications networks,     2. appoint officers,     3. transferring, consolidating, entering into contract concerning disposing of facilities or     4. take follow-up measures regarding establishment of a company.     (10) Where a person falling under each of subparagraphs of paragraph (1) is subject to theexamination of public interest nature, the person may submit the documents required for theexamination of public interest nature at the same time when the person applies for theauthorization under paragraph (1).Article 19 (Suspension, Closedown of Business or Dissolution of Juristic Persons, etc.)     (1) A key communications business operator shall, in case where he intends to suspend ordiscontinue the whole or part of a key communications business run by him, as specified by theEnforcement Decree of the Act notify the users at least 60 days prior to the date of terminationand obtain approval of such suspension or discontinuation from the Korea Communications Commission.     (2) In the event separate measures of protection is deemed to be necessary for the protectionof users upon suspension or discontinuance of the relevant key communications business, the KoreaCommunications Commission may order such measures (including assistance for membership change,bearing expenses, termination of membership) to be taken.     (3) The Korea Communications Commission shall, in case where an application for approval orauthorization under paragraph (1) is made, and where deemed that suspension, discontinuance ofrelevant business or a dissolution of a juristic person is likely to hamper the public interests,not grant the relevant approval or authorization.
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Article 20 (Cancellation of License, etc.)     (1) The Korea Communications Commission may, in case where a key communications businessoperator falls under any one of the following subparagraphs, cancel whole or part of the relevantlicense or give an order to suspend the whole or part of business with fixing a period of no morethan one year, provided that the license shall be cancelled entirely or partially if paragraph 1 isapplicable:     1. Where he has obtained a license by deceit and other illegal means;     2. Where he has failed to implement the conditions under Articles 6 (4) and 18 (5);     3. Where he has failed to observe the orders under Article 12 (2);     4. Where he has failed to commence business within the period under Article 15 (1) (in caseof obtaining an extension of the period under Article 15 (2), the extended period);     5. Where he has failed to comply with the standardized terms and conditions, that isauthorized or reported under Article 28 (1) and (2); and     6. Where he fails to comply with an order for correction under Article 52 (1) or Article 92(1) without any justifiable reasons.     (2) Criteria and procedures for the dispositions under paragraph (1) and other necessarymatters shall be determined by the Enforcement Decree.SECTION 3 Specific Communications Business and Value-Added Communications BusinessArticle 21 (Registration of Specific Communications Business Operator)     (1) A person who intends to operate a specific communications service shall register thefollowing matters with the Korea Communications Commission (including registration throughinformation network) under the conditions as determined by the Enforcement Decree:     1. Financial and technical capability;
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     2. Plans for a user protection; and     3. Business plans, etc. and other matters as determined by the Enforcement Decree.     (2) The Korea Communications Commission may, upon receipt of the registration of a specificcommunications business under paragraph (1), attach the conditions necessary for the promotion offair competition, protection of users, improvement of service quality and efficient employment ofresources for information and communication.     (3) A person subject to the registration of specific communications business under paragraph(1) shall be limited to a juristic person.     (4) A person who registered his specific communications business under paragraph (1)(hereinafter referred to as a “specific communications business operator”) shall commence operationwithin 1 year from the registration date.     (5) Procedures and requirements for the registration under paragraph (1) and other necessarymatters shall be determined by the Enforcement Decree.Article 22 (Report, etc. of Value-Added Communications Business Operator)     (1) A person who intends to run a value-added communications business shall report to theKorea Communications Commission (including reports via information network), according to therequirements and procedures as prescribed by the Enforcement Decree: Provided, That this shall notapply to a case where the size of capital, etc. is a small value-added communication businessmatching the criteria prescribed by the Enforcement Decree.     (2) When a key communications business operator seeks to operate value-added communicationservices, such value-added communication services are deemed to have been reported.     (3) A person who reported value-added communications business under the first part ofparagraph (1) shall commence operation within 1 year from the reporting date.
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Article 23 (Modification of Registered or Reported Matters)     Specific communications business operator a person who has made a report of a value-addedcommunications business operator under the earlier part of Article 22(1) shall, when he intends tomodify the matters as determined by the Enforcement Decree from among the relevant registered orreported matters, make in advance a modified registration or modified report (including modifiedregistration or modified report through information network) to the Korea Communications Commissionunder the conditions as prescribed by the Enforcement Decree.Article 24 (Transfer or Takeover, etc. of Business)     In case where there exists a transfer or takeover of the whole or part of a specificcommunications business or a value-added communications business, or a merger or succession of ajuristic person which is a specific communications business operator or a value-addedcommunications business operator (a person who has reported value-added communications servicespursuant to the first part of Article 22(1) or is deemed to have made such reporting under thelatter part of the same Article or paragraph (2) of the same Article, hereinafter refer to thesame), each of the following persons shall make the report thereon (including reports throughinformation network) to the Korea Communications Commission, according to the requirements andprocedures as prescribed by the Enforcement Decree:     1. a person who has taken over the relevant business,     2. the juristic person surviving the merger, the juristic person founded by the merger,or     3. the successor to the business in questionArticle 25 (Succession of Business)     In case where there have existed a transfer or takeover of a specific communications businessor a value-added communications business, a merger of a juristic person which is a specificcommunications business or a value-added communications business operator, or a succession of avalue-added communications business, under Article 24, each of the following persons shall succeedto the status of a former specific communications business operator or a value-added
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communications business operator.1. a person who has taken over the business,2. a juristic person surviving a merger, or a juristic person founded by a merger or3. a successor to the businessArticle 26 (Suspension or Closedown, etc. of Business)     (1) A specific communications business operator or a value-added communications businessoperator shall, in case where he intends to suspend or close down the whole or part of hisbusiness, in a manner determined in the Enforcement Decree of the Act, notify the relevant contentsto the users of relevant services, and report thereon to the Korea Communications Commission(including reports through information network) not later than thirty days prior to the slated dateof the relevant suspension or closedown In this case, the business shall not be continuallysuspended for more than 1 year.     (2) Where a juristic person which is a specific communications business operator or avalue-added communications business operator is dissolved for reasons other than a merger, arelevant liquidator (referred to a trustee in a bankruptcy, when it is dissolved by bankruptcy)shall report thereon without delay to the Korea Communications Commission(including reports throughinformation network).Article 27 (Cancellation of Registration and Order for Closedown of Business)     (1) The Korea Communications Commission may, when a specific communications business operatorfalls under any of the following subparagraphs, cancel his registration wholly or partially, orsuspend his business wholly or partially by specifying the period of not more than one year:Provided, That when he falls under the subparagraph 1, the Korea Communications Commission shallcancel whole or part of his registration: <Newly Inserted by Act No. 5385, Aug. 28, 1997; ActNo. 5564, Sep. 17, 1998; Act No. 5835, Feb. 8, 1999; Act No. 5986, May 24, 1999; Act No. 6230, Jan.28, 2000; Act No. 6360, , Jan. 16, 2001, Act No. 7916, Mar. 24, 2006; Act No. 8198, Jan. 3, 2007;Act No. 8425, May 11, 2007; Act No. 8867, Feb. 29, 2008>
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     1. Where he makes a registration by deceit and other illegal means;     2. Where he fails to implement the conditions under Article 21 (2);     3. Where he fails to commence business within one year from the date on which a registrationwas made under Article 21 (4), or in violation of the latter part of Article 26(1) continuallysuspends business operation for not less than one year;     4. Where he fails to comply with an order under Article 52 (1) or an order for correctionArticle 92 (1) without any justifiable reasons;     (2) The Minister of Information and Communication may, when a value added communicationsbusiness operator falls under any of the following subparagraphs, issue an order to him for aclosedown of the whole or part of business or for a suspension of the whole or part of business byspecifying a period of not more than one year: Provided, That where he falls under any one of thefollowing subparagraphs, the said Minister shall issue an order to him for a closedown of whole orpart of business:     1. Where he makes a report by deceit and other illegal means;     2. Where he fails to commence the business within one year from the reporting date underArticle 22(3), or in violation of the latter part of Article 26(1) suspend the business operationfor not less than one year;     3. Where he fails to comply with a order under Article 52 (1) or a correction order underArticle 92 (1) without any justifiable reasons; and     (3) Criteria and procedures for dispositions taken under paragraph (1) or (2) and othernecessary matters shall be determined by the Enforcement Decree of the Act.CHAPTER III TELECOMMUNICATIONS SERVICEArticle 28 (Report, etc. of Standardized Terms and Conditions)
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     (1) A key communications business operator shall set forth the fees and other terms for use byservice with respect to the telecommunications service which he intends to provide (hereinafterreferred to as the “standardized terms and conditions”), and report thereon (including a modifiedreport, hereinafter refer to the same) to the Korea Communications Commission.     (2) Notwithstanding paragraph (1), in a case of a key communications service of keycommunications business operator whose size of business and market share correspond to thestandards as determined by the Enforcement Decree, it shall obtain an authorization of the KoreaCommunications Commission (including a modified authorization, hereinafter refer to the same),provided that, any decrease in the service-specific charges included the approved standard termsand conditions of usage shall be reported to the Korea Communications Commission.     (3) In regard to the main body of paragraph (2), the Korea Communications Commission shallauthorize the standardized terms and conditions, if it falls under the criteria of every followingsubparagraph:     1. Fees for telecommunications service shall be reasonably calculated considering but notlimited to costs of supply, profits, classification of costs/ profits by labor, cost savingsachieved by methods of provision of labor, and effects on fair competitive environments;     2. Matters concerning the responsibility of key communications business operators andrelevant users, cost-sharing methods concerning the installation work of telecommunicationsfacilities and other works shall not be unreasonably disadvantageous to users.     3. Forms of use of telecommunication line facilities by other telecommunications businessoperators or users shall not be unduly restricted;4. Undue discriminatory treatments shall not be made to specific persons; and     5. Matters on securing the important communications under Article 85 shall take intoconsideration matters such as achieving efficient performance of State’s function.     (4) A person intending to acquire the approval under paragraph (1) and (2) or file a reportwith respect to the telecommunications services shall submit the supporting data for calculation offee (including subscription fee, basic fee, usage fee, value-added service fee, and actualexpense). In case of business change, a table comparing the old (before change) and new (afterchange)
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supporting data should be submitted to the Korea Communications Commission for comparison.     (5) Details necessary and not otherwise specified in paragraphs (1) through (4) in regard tothe scope of and procedures of reporting and authorization shall be specified under the EnforcementDecree of the Act.Article 29 (Reduction or Exemption of Fees)     A key communications business operator may reduce or exempt the fees for telecommunicationsservice under the conditions prescribed by the Enforcement Decree, such as national securityguarantee, disaster relief, social welfare and public interest.Article 30 (Restriction on Use by Others)     No person shall intermediate other’s communications or provide for other’s communications bymaking use of telecommunications services provided by a telecommunications business operator:Provided, That the same shall not apply to the case falling under any of the followingsubparagraphs:     1. Where it is needed to ensure the prevention and rescue from disaster, traffic andcommunication, and the supply of electricity, and to maintain order in a national emergencysituation;     2. Where telecommunications services are incidentally rendered to clients while running abusiness other than the telecommunications business;     3. Where it is allowed to use on a trial basis for the purpose of developing and marketingtelecommunications facilities, such as terminal devices, etc. which enable to use thetelecommunications services;     4. Where any user permits any third party to use to the extent that the latter does not userepeatedly; and     5. Where it is necessary for the public interests or where the business run by any
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telecommunications business operator is not impeded, which is prescribed by the Enforcement Decree.Article 31 (Use of Transmission or Line Equipment, etc.)     (1) The composite cable TV business operator, transmission network business operator, or relaycable broadcasting business operator under the Broadcasting Act may provide the transmission orline equipment or the cable broadcasting equipment possessed under the methods prescribed by theEnforcement Decree to the key communications business operators.     (2) The composite cable TV business operator, transmission network business operator, or relaycable broadcasting business operator under the Broadcasting Act shall, when he intends to providevalue-added communications services by making use of the transmission or line equipments or cablebroadcasting equipments, make a report thereon to the Korea Communications Commission pursuant toArticle 22 (1).     (3) The provisions of Articles 35 through 37 and 37 through 55 shall be applicable mutatismutandis to the transmission or line equipment or cable broadcasting facilities under paragraph(1).     (4) The provisions of Article 28 (2) through (7) of the Framework Act on Telecommunicationsshall be applicable mutatis mutandis to the offer of services under paragraph (2).Article 32 (Protection of Users)     (1) A telecommunications business operator shall take a prompt measure on the reasonableopinions or dissatisfactions raised by the users with respect to the telecommunications service. Inthis case, if it is difficult to take a prompt measure, he shall notify the users of the reasonsthereof and the schedule for measures.     (2) Compensations for the damages incurred by the occurrence of reasons causing the opinionsor dissatisfactions under paragraph (1) and by the delay of relevant measures shall be madepursuant to Article 33.     (3) A telecommunications business operator providing key communications services shall
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subscribe a guarantee insurance with the person designated by the Korea Communications Commissionas beneficiary in an amount determined in accordance with the criteria specified underthe Enforcement Decree of the Act and not exceeding the aggregate prepaid phone servicecharges to be received prior to providing prepaid phone services to be able to compensate losses tousers arising from not being able to provide services after receiving service charges in advance.Provided, that the foregoing requirement may be waived in the case specified under the EnforcementDecree of the Act where such telecommunications business operator’s financial capacity and servicescharges are taken in consideration     (4) The person designated as beneficiary under paragraph (3) shall distribute insuranceproceeds received under the guarantee insurance under paragraph (3) to users who have not receivedservices after paying services charges in advance.     (5) Details necessary in regard to the subscription ,renewal and distribution of insuranceproceeds under paragraph (3) and (4) shall be specified in the Enforcement Decree of the Act.Article 33 (Compensation for Damages)     A telecommunications business operator shall make compensations when he inflicts any damageson the users in the course of providing telecommunications services: Provided, That if such damagesare the results of force majeure, or of intent or negligence of the users, the relevant liabilityfor compensations shall be reduced or exempted.CHAPTER IV PROMOTION OF COMPETITION AMONG THE TELECOMMUNICATIONS BUSINESSArticle 34 (Promotion of Competition)     (1) The Korea Communications Commission shall exert efforts to construct an efficientcompetition system and to promote fair competitive environments, in the telecommunicationsservices.     (2) The Korea Communications Commission shall conduct annual evaluation of competition systemwith respect to key communications business in order to construct an efficient competition
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systemand to promote fair competition in the telecommunication services industry pursuant to paragraph(1)above.     (3) The specific evaluation standards, procedure and method for evaluating competition systemunder paragraph (2) above shall be prescribed by the Enforcement Decree.Article 35 (Provision of Facilities, etc.)     (1) A key communications business operator or an institution constructing, operating andmanaging road, railroad, subway, water supply/sewage, electric poles, cables, telecommunicationsline facilities (“facility management institution”) may, upon receipt of a request for theprovision of conduit line, common duct, electric poles, cables, operation sites and otherfacilities (including telecommunication facilities, hereinafter the same) or facilities(“facilities, etc.”) from other key communications business operator, provide the facilities, etc.by concluding an agreement with him.     (2) A key communications business operator falling under any of the following subparagraphsshall, upon receipt of a request under paragraph (1), provide the facilities, etc. by concludingan agreement, notwithstanding the provisions of paragraph (1), provided that the foregoing is notapplicable in case there is a usage plan, etc. of the facility management institution:     1. A key communications business operator who possesses the equipments which are indispensablefor other telecommunications business operators in providing the telecommunications services; and     2. Each of the following facility management institutions owning conduit line, common duct,electric pole, cable and other facilities, etc.A. the Korea Expressway Corporation organized under the Korea Highway Corporation ActB. the Korea Water Resources Corporation organized under the Korea Water ResourcesCorporation ActC. the Korea Electric Power Corporation organized under the Korea Electric PowerCorporation Act
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D. the Korea Rail Network Authority organized under the Korea Rail Network AuthorityActE. local public enterprises under Local Public Enterprise ActF. municipalities under Local Autonomy ActG. the Regional Construction Management Administration under the Road Act     3. A key communications business operator whose business scale and market shares, etc. of keycommunications services are equivalent to the criteria as determined by the Enforcement Decree.     (3) The Korean Communications Commission shall set forth and publicly notify the scope offacilities, etc., the conditions, procedures and methods for the provision of facilities, and thestandards for calculation of prices under paragraphs (1) and (2). In this case, the scope offacilities, etc. to be provided under paragraph (2) shall be determined in view of the demand forfacilities, etc. by the key communications business operators and facility management institutionfalling under each subparagraph of the same paragraph.     (4) A telecommunications business operator in receipt of provisions of the facilities, etc.may install the apparatus enhancing the efficiency of the relevant facilities, within the limitnecessary for the provision of the licensed telecommunications services.     (5) For efficient use and management of facilities, etc., the Korea Communications Commissionmay request data on facilities, etc., from telecommunications business operators and facilitymanagement institutions in a manner specified under the Enforcement Decree of the Act. In thiscase, the pertinent telecommunications business operator or facility management institution shallhonor such demand unless there are reasonable grounds for not doing so.     (6) For provision of facilities, etc. under paragraphs (1) and (2), the Korea CommunicationsCommission may appoint an expert institution.     (7) Details necessary for appointment and operation guidelines for expert institutions underparagraph (6) shall be determined and announced by the Korea Communications Commission.
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Article 36 (Joint Utilization of Subscriber’s Lines)     (1) A key communications business operator shall, in case where other telecommunicationsbusiness operators as determined and publicly noticed by the Korea Communications Commission havemade a request for a joint utilization with respect to the lines installed in the section from theexchange facilities directly connected with the users to the users (hereafter in this Article,referred to as the “subscriber’s lines”), allow it.     (2) The Korea Communications Commission shall set forth and publicly notify the scope of jointutilization of the subscriber’s lines under paragraph (1), its conditions, procedures and methods,and the standards for calculation of prices.Article 37 (Joint Utilization of Radio Communications Facilities)     (1) A key communications business operator may, upon receipt of a request for the jointutilization of radio communications facilities (hereinafter referred to as the “joint utilization”)from other key communications business operators, allow it by concluding an agreement. In thiscase, the prices for the joint utilization among the key communications business operators as setforth and publicly notified by Korea Communications Commission shall be computed and settledaccounts by a fair and reasonable means.     (2) The key communications business operators as determined and publicly notified by the KoreaCommunications Commission shall, upon receipt of a request for the joint utilization from other keycommunications business operators as determined and publicly notified by the Korea CommunicationsCommission, allow it by concluding an agreement, notwithstanding the provisions of paragraph (1),in order to enhance the efficiency of the telecommunications business and to protect the users.     (3) The Korea Communications Commission shall set forth and publicly notify the standard forcomputing the prices for joint utilization under the latter part of paragraph (1) and itsprocedures and payment methods, etc., and the scope of joint utilization under paragraph (2), itsconditions, procedures and methods, and the computation of prices, etc.
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Article 38 (Wholesale Provision of Telecommunication Services)     (1) Upon request from other telecommunication business operator, a key communications businessoperator may enter into an agreement to allow such telecommunication business operator to resellthe telecommunication services it provides to users (“resale”) by providing such services to suchother telecommunication business operator or permitting part or all of the telecommunicationfacilities necessary for such provision of telecommunication services (“wholesale provision”).     (2) To encourage competition in the telecommunication industry, the Korea CommunicationsCommission may, upon request from a telecommunication business operator, designate and announcetelecommunication s services (“designated wholesale services”) of a key communications businessprovider which would need to enter into an agreement for wholesale provision (“designated wholesaleprovider”). In this case, designated wholesale services of the designated wholesale provider shallbe selected from telecommunication services of key communications business providers satisfying thecriteria specified in the Enforcement Decree of the Act which would take into considerationbusiness size and market share.     (3) After evaluating the competition status of the communications market each year, if theKorea Communications Commission determines that the competition in the telecommunications industryhas increased to the degree where the sufficient wholesale of telecommunications services have beenprovided or the set criteria are not met, it may withdraw its designation of designated wholesaleservices of the designated wholesale provider.     (4) The Korea Communications Commission shall determine and announce the terms and conditionsof the wholesale provision when the designated wholesale provider enters into an agreement aboutthe designated wholesale services. In this case, the consideration shall be calculated on the basisof subtracting avoidable costs (costs that the key communications business operator can avoid whennot providing services directly to users) from retail prices of the designated wholesale services.     (5) Upon request for wholesale provision from other telecommunications business operator, akey communications business operator shall enter into an agreement within 90 days unless there arespecial reasons and shall report such agreement to the Korea Communications Commission in a mannerspecified in the Enforcement Decree of the Act within 30 days from the execution of such agreement.The same applies in the case of a change or abolition of the agreement.
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     (6) An agreement under paragraph (5) shall satisfy the criteria announced by the KoreaCommunications Commission under paragraph (4).[Paragraph (2) through (4) shall be effective until March 22, 2013 under the Article 2 of theAddenda to the Act No. 10166 (2010.3.22)]Article 39 (Interconnection)     (1) A telecommunications business operator may allow the interconnection by concluding anagreement, upon a request from other telecommunications business operators for an interconnectionof telecommunications facilities.     (2) The Korea Communications Commission shall set forth and publicly notify the scope ofinterconnections of telecommunications facilities, the conditions, procedures and methods, and thestandards for calculation of prices under paragraph (1).     (3) Notwithstanding the provisions of paragraphs (1) and (2), the key communication businessoperators falling under any of the following subparagraphs shall allow the interconnection byconcluding an agreement, upon receipt of a request under paragraph (1):     1. A key communications business operator who possesses such facilities as are indispensablefor a provision of telecommunications services by other telecommunications business operators; and     2. A key communications business operator whose business size of key communications servicesand the ratio of market shares are compatible with the standards as determined by the EnforcementDecree.Article 40 (Prices of Interconnection)     (1) Prices for using the interconnection shall be calculated by a fair and proper means anddeducted from each other’s accounts. The detailed standards for such calculation, their proceduresand methods shall be governed by the standards of Article 39 (2).     (2) A telecommunications business operator may deduct the prices for interconnection from
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eachother’s accounts under the conditions as prescribed by the standards under Article 39 (2), if hesuffers any disadvantages due to the causes of no liability on his part, in the method ofinterconnection, the quality of connected conversations, or the provision of information requiredfor interconnection, etc.Article 41 (Joint Use, etc. of Telecommunications Facilities)     (1) A key communications business operator may allow an access to or a joint use of thetelecommunications equipment or facilities by concluding an agreement, upon receipt of a requestfrom other telecommunications business operators for an access to or a joint use of thetelecommunications equipment or facilities such as pipes, cables, poles, or stations of therelevant key communications business operator, for the establishment or operation of facilitiesrequired for interconnection of telecommunications facilities.     (2) The Korean Communications Commission shall set forth, and make a public notice of, thescope, conditions, procedures and methods for an access to or a joint use of telecommunicationsequipment or facilities, and the standards for computation of prices under paragraph (1).     (3) Notwithstanding the provisions of paragraph (1), a key communications business operatorfalling under any of the following subparagraphs shall allow an access to or a joint use of thetelecommunications equipment or facilities under paragraph (1) by concluding an agreement, upon areceipt of request under paragraph (1):     1. A key communications business operator who possesses such facilities as are indispensablefor a provision of telecommunications services by other telecommunications business operators; and     2. A key communications business operator whose business size of key communications servicesand the ratio of market shares are compatible with the standards as determined by the EnforcementDecree.Article 42 (Provision of Information)     (1) A key communications business operator may provide requested information by concluding
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anagreement, upon a receipt of request from other telecommunications business operators for aprovision of information related to technological information or the user’s personal matters whichare required for a provision or wholesale provision of facilities, etc., interconnection, or jointuse, etc. and imposition and collection of fees and a guide to the telecommunications number.     (2) The Korean Communications Commission shall set forth, and make a public notice of, thescope, conditions, procedures and methods for a provision of information, and the standards forcomputation of prices under paragraph (1).     (3) Notwithstanding the provisions of paragraph (1), a key communications business operatorfalling under any of the following subparagraphs shall provide the requested information byconcluding an agreement, upon a receipt of request under paragraph (1):     1. A key communications business operator who possesses such facilities as are indispensablefor a provision of telecommunications services by other telecommunications business operators; and     2. A key communications business operator whose business size of key communications servicesand the ratio of market shares are compatible with the standards as determined by the EnforcementDecree.     (4) A key communications business operator under paragraph (3) shall set forth the technicalstandards required for a use by other telecommunications business operators or users by means of aconnection of a monitor and other telecommunications equipment on the relevant telecommunicationsfacilities, the standards for use and provision, and other standards required for a creation offair competitive environments, and make a public notice thereof by obtaining approval from theKorea Communications Commission.Article 43 (Prohibition of Information Diversion)     (1) A telecommunications business operator shall not divulge any information concerning anindividual user which has been obtained due to a provision of his own service, a provision offacilities, etc., wholesale provision, an interconnection or joint use, etc. Provided, That thesame shall not apply, when there exists the consent of the principal or the case under a lawfulprocedure pursuant to the provisions of the Acts.
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     (2) A telecommunications business operator shall use the technological information or personaldata of users obtained under Article 42(1) and (3) within the context of purposes thereof, and maynot use it unjustly, or provide it to the third parties.Article 44 (Report, etc. of Agreement on Interconnection, etc.)     (1) A key communications business operator and facility management institution shall concludean agreement under Article 35 (1) and (2), the earlier part of 37 (1), 39 (1), 41 (1) or 42 (1)within ninety days unless there exist any special reasons and report it to the Korea CommunicationsCommission in a manner specified in the Enforcement Decree of the Act within 30 days from theexecution of such agreement, upon receipt of a request from other telecommunications businessoperators for a provision, a joint utilization, an interconnection or a joint use, etc. oftelecommunications facilities, or a provision of information. The same applies in the case of achange or abolition of the agreement.     (2) Notwithstanding the provision of paragraph (1), in case of an agreement in which a keycommunications business operator under the latter part of Article 37 (1) and (2), Articles 39 (3),41 (3), and 42 (3) is a party concerned, shall enter into an agreement within 90 days upon receiptof the request, unless there is a special reason, and the key communications business operatorreceiving the request shall apply for authorization to the Korea Communications Commission in amanner specified in the Enforcement Decree of the Act within 30 days from the execution of theAgreement and reveal the contents of the agreement within 30 days from the authorization date. Thesame applies in the case of a change or abolition of the agreement     (3) The agreement under paragraphs (1) and (2) shall meet the standards which are publiclynotified by the Korea Communications Commission under Articles 35 (3), 37 (3), 39 (2), 41 (2)or 42(2).     (4) The Korea Communications Commission may, if any application for authorization referred toin paragraph (2) needs supplemented, order such application for authorization supplemented for afixed period.     (5) The agreement under Articles 41 (1) and 42 (1) may be concluded by an inclusion in theagreement under Article 39 (1).
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Article 45 (Ruling of the Korea Communications Commission)     (1) A telecommunications business operator or user may request to the Korea CommunicationsCommission for an arbitration if they fail to agree on are not able to agree on any of thefollowing:     1. indemnification under Article 33     2. execution of an agreement within a 90-day period regarding provision of facilities, etc.interconnection ,joint use or provision of information ,etc.     3. performance or indemnification under an agreement regarding provision of facilities, etc.interconnection ,joint use or provision of information ,etc     4. other disputes concerning telecommunications business or matters specified as subject tothe Korea Communications Commission’s ruling under other bodies of law     (2) Upon receipt of the request for an arbitration under paragraph (1), the KoreaCommunications Commission shall notify the parties of that fact and set a timeline for providingthem with a chance to make their cases, provided that the foregoing is not applicable if a relevantparty does not submit to the procedures without any justifiable reason.     (3) The Korea Communications Commission shall make a ruling within 90 days from the requestfor arbitration provided that such period may be extended by one additional 90-days upon theresolution of the Korea Communications Commission if it is not possible to make a ruling within theoriginal 90-day period for any unavoidable reason.     (4) If any part to the arbitration files a suit during the arbitration proceeding, the KoreaCommunications Commission shall suspend the arbitration proceeding and notify the other party ofthat fact. The same applies if it is found out that a lawsuit was filed prior to the receipt ofrequest for arbitration.     (5) When it has made a ruling for the request made under paragraph (1), the KoreaCommunications Commission shall provide such written ruling to the parties without delay.
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     (6) Within 60 days from the date on which the originals of written ruling of the KoreaCommunications Commission were sent to the parties, if no lawsuit regarding the dispute betweenthe parties to the arbitration has been filed or such lawsuit has been withdrawn or theparties clearly indicate their acceptance of the ruling to the Korea Communications Commission, anagreement equivalent to the contents of the ruling shall be deemed to have been made.Article 46 (Solicitation for Outside Arbitration)If the Korea Communications Commission, upon receiving request for arbitration under Article 45(1),deems that it is inappropriate to conduct arbitration or is necessary for other reasons, it mayform a separate commission for each dispute and solicit for outside arbitration.Article 47 (Demand for Attendance, Hearing, etc.)When necessary for proceeding with the arbitration case, the Korea Communications Commission may onits own motion or upon request from a party take any of the following actions:1. demand for attendance of a party or witness and hold a hearing2. demand for appraisal to an appraiser3. demand for submission of documents or objects relevant for the dispute and provisionalseizure of the documents or objects so submitted.Article 48 (Management Plan for Telecommunications Number)     (1) The Korea Communications Commission shall formulate and enforce the management plan fortelecommunications number, in order to make an efficient provision of telecommunications service,and the promotion of user’s convenience and of the environments of fair competition amongtelecommunications business operators.     (2) The Korea Communications Commission shall, when he has formulated the plans under
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paragraph (1), make a public notice thereof. This shall also apply to any alterations in theestablished plan.     (3) A telecommunications business operator shall observe the matters publicly noticed underparagraph (2).Article 49 (Accounting Adjustment)     (1) A key communications business operator shall adjust the accounting, prepare a businessreport for the preceding year by the end of within 3 months after the end of each fiscal year, andsubmit it to the Korea Communications Commission, under the conditions as determined by theEnforcement Decree, and keep the related books and authoritative documents.     (2) The Korea Communications Commission shall, when it intends to determine the matters ofaccounting adjustments under paragraph (1), go in advance through a consultation with the Ministerof Strategy and Finance.     (3) The Korea Communications Commission may verify contents of any business report submittedby any key communications business operator in accordance with paragraph (1).     (4) The Korea Communications Commission may, if it is necessary to conduct the verificationreferred to in paragraph (3), order the relevant key communications business operator to submitrelated material or launch inspection necessary to ascertain the facts.     (5) The Korea Communications Commission shall, when it intends to launch inspection inaccordance with paragraph (4), notify the relevant key communications business operator of theplans of such inspection including inspection period, reasons, and contents of the inspectionwithin seven (7) days prior to the scheduled date of inspection.     (6) A person verifying the contents pursuant to paragraph (4) shall present the proof of theauthorization therefor and give documents indicating his name, stay period and purpose of entranceto related party at the time of his first entrance.Article 50 (Prohibited Act)
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     (1) A telecommunications business operator shall not commit any of the following acts(hereinafter referred to as “prohibited act”) which undermines or is feared to undermine faircompetition or users’ interests, or have other telecommunications business operators or the thirdparties commit such act:     1. Act of imposing unfair or unreasonable condition or restriction in a provision, a jointutilization, a joint using, an interconnection, a joint use or a wholesale provision of facilities,etc. or a provision of information, etc.;     2. Act of unfairly refusing a conclusion of agreement, or act of non-performance of theconcluded agreement without any justifiable reasons in a provision, a joint utilization, a jointusing, an interconnection, a joint use or a wholesale provision of facilities, etc. or a provisionof information, etc.;     3. Act of unfairly diverting the information of other telecommunications business operatorsto his own business activities, which have been known to him in the course of a provision, a jointutilization, a joint using, an interconnection, a joint use or a wholesale provision of facilities,etc., or a provision of information, etc.;     4. Act of computing the fees, etc. for a use of telecommunications services, or the pricesfor a provision, a joint utilization, a joint using, an interconnection, a joint use or a wholesaleprovision of facilities, etc. or a provision of information, by unfairly itemizing the expenses orrevenues;     5. Act of rendering the telecommunications services in a manner different from thestandardized terms and conditions (the standardized terms and conditions refers to only those ofwhich was reported or approved as pursuant to the Article 28 (1) and (2)) or act of rendering thetelecommunications services in a manner which significantly undermines the profits of users;     6. Act of setting and maintaining the compensation for a provision, a joint utilization, ajoint using, an interconnection, a joint use or a wholesale provision of facilities, etc. or aprovision of information, unreasonably high compared to its supply costs     7. Act of refusing or restricting fair allocation of income in a transaction wheretelecommunications services using the radio waves assigned under the Act on Radio Waves are to beused to provide digital contents
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     (2) When any person acting on behalf of any telecommunications business operator under acontract therewith in executing contracts between such telecommunications business operator and itsusers (including making any amendment to such contracts) commits any act falling under paragraph(1)5, his act shall be deemed the act committed by such telecommunications business operator andonly the provisions of Articles 52 and 53 shall apply to such act: Provided, That the same shallnot apply to a case where the relevant telecommunications business operator has paid reasonableattention to the prevention of such act.     (3) Necessary matters concerning categories of and standards for the prohibited act referredto in paragraph (1) shall be prescribed by the Enforcement Decree.Article 51 (Investigation of Fact)     (1) In the event the Korea Communications Commission believes that activities in violation ofArticle 50(1) have been committed, it may order the relevant public official belonging to the KoreaCommunications Commission to conduct investigation thereof.     (2) The Korea Communications Commission may order public officials belonging to the KoreaCommunications Commission to enter into the offices or workplaces of the telecommunicationsbusiness operators or the workplaces of the persons entrusted with handling of the business oftelecommunications business operators (limited, throughout this Article, to telecommunicationsbusiness operators entrusted with work related to Article 50) and inspect books, documents andother data and objects.     (3) In the event any investigation is to be conducted pursuant to paragraph (1), the KoreaCommunications Commission shall notify the relevant telecommunications business operator at leastseven (7) days prior to the expected date of investigation with information on the duration,purpose and content of the investigation. Provided, this provision may not apply in the event ofemergency or if there is risk that the evidence will be destroyed.     (4) A person who investigates by visiting the offices or workplaces of the telecommunicationsbusiness operators, or the workplaces of the persons handling, under an entrustment, the businessof telecommunications business operators, under paragraph (2) shall carry a certificate indicatingthe
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authority, and present it to the persons concerned. He also should be accompanied by theperson of the corresponding offices or workplaces.     (5) A public official who investigates pursuant to paragraph (2) may order telecommunicationsbusiness operators or persons entrusted with handling of the business of telecommunicationsbusiness operators to submit any necessary information or object. In the event there is apossibility of abandonment, concealment, or replacement of the information or object so submitted,the public official may temporarily take them into custody.     (6) The Korea Communications Commission shall immediately return the information or objectunder its custody if it falls under any one of the following:     1. It is deemed, after an examination of the information or object under the custody, that ithas no relevance to the current investigation.     2. The purpose of investigation is fully accomplished so that keeping the information orobject under its custody is no longer necessary.Article 52 (Measures on Prohibited Acts)     (1) The Korea Communications Commission may order any telecommunication business operator totake the measures falling under each of the following subparagraphs when it is recognized that anyact in violation of paragraph 1 of Article 50 has been committed:     1. Separation of the supply system of telecommunications service;     2. Change of internal accounting regulations, etc. concerning telecommunications service;     3. Disclosure of information concerning telecommunications service;     4. Conclusion, performance or change of contents of the agreement between thetelecommunications business operators;     5. Change of the standardized terms and conditions and the articles of incorporation of thetelecommunications business operators;
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     6. Suspension of prohibited acts;     7. Public announcement of a fact of receiving a correction order due to committing theprohibited acts;     8. Measures necessary for restoring the violated matters due to the prohibited acts to theiroriginal status, such as the removal of telecommunications facilities which have caused theprohibited acts;     9. Improvement of business conduct procedures regarding telecommunications service;     10 Prohibition of soliciting new users (for a period not exceeding 3 months and limited tocases where the same violation has occurred for 3 times or more despite sanctions under paragraph 1through 9 or where such sanctions are deemed insufficient to prevent harm to users); and     11. Such other matters prescribed by the Enforcement Decree as may be necessary for themeasures referred to in subparagraphs 1 through 10.     (2) The telecommunications business operators shall execute any order issued by the KoreaCommunications Commission under paragraph (1) within the period specified by the EnforcementDecree: Provided, That the Korea Communications Commission may extend the relevant period onlyonce, if it is deemed that the telecommunications business operators are unable to carry out theorder within the specified period due to natural disasters and other unavoidable causes.     (3) The Korea Communications Commission shall, before ordering the measures under paragraph(1), notify the parties concerned of the content of relevant measures, and provide them with anopportunity to make a statement within a specified period, and may hear, where deemed necessary,demand for attendance of an interest party or witness, hearing or appraiser by an appraiser.:Provided, That this shall not apply when the parties concerned fail to respond without anyjustifiable reasons.     (4) In the event five (5) years have passed from the date on which any acts committed inviolation of paragraph 1 of Article 50 have been terminated, the Korea Communications Commissionshall not order any measures pursuant to paragraph 1 or impose a penalty surcharge pursuant toArticle 53. Provided, this provision shall not apply if any measure or imposition of
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penaltysurcharge is cancelled by court order and a new measure is to be taken pursuant to that courtorder.Article 53 (Imposition, etc. of Penalty Surcharge on Prohibited Acts)     (1) The Korea Communications Commission may, in case where there exists any act in violationof paragraph 1 of Article 50, impose a penalty surcharge not exceeding 3/100 of the turnover asprescribed by the Enforcement Decree on the relevant telecommunications business operator. If thetelecommunications business operator refuses to submit the data used for calculation of the amountof turnover or submits erroneous data, an estimate of the amount can be assessed based on thefinancial statement of those who provide similar services in the same industry (accountingdocuments, number of subscribers, usage fee and business operation status): Provided, That wherethere is no turnover or it is difficult to calculate the turnover as prescribed by the EnforcementDecree, it may impose the penalty surcharge not exceeding one billion won.     (2) The Korea Communications Commission may impose on a key communications business operatorthat submits a business report under Article 49 a find up to 3% of its revenue as determined in amanner specified under the Enforcement Decree of the Act if it commits any of the following:     1. failure to submit a business report under Article 49 or to abide by an order to submitrelevant information     2. omission of a material item or inclusion of a false statement in a business report underArticle 49     3. failure to adjust the accounting or keep the related books and authoritative documents inviolation of Article 49(1)     (3) The Korea Communications Commission shall, in the event of imposing a penalty surchargeunder paragraph (1) or (2), take each of the following into consideration.          1. details of violation and the extent thereof          2. duration and frequency of violation          3. amount of profit obtained in connection with the violation
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          4. the amount of turnover obtained as a result of the prohibited activities or adjustment ofthe accounting of the telecommunications business operator.     (4) A penalty surcharge under paragraph (1) or (2) shall be calculated taking paragraph (3)into consideration, provided specific calculation standard and procedure shall be set forth by theEnforcement Decree.     (5) The Korea Communications Commission shall, where a person liable to pay a penaltysurcharge under paragraph (1) or (2) fails to do so by the payment deadline, collect an additionaldue equivalent to 6/100 per year, with respect to the penalty surcharge in arrears, from the dayfollowing the expiry of such payment deadline.     (6) The Korea Communications Commission shall, where a person liable to pay a penaltysurcharge under paragraph (1) or (2) fails to do so by the payment deadline, demand him to pay itwith fixing a period, and if he fails to pay the penalty surcharge and an additional due underparagraph (5) within the fixed period, collect them according to the example of a disposition takento collect the national taxes in arrears.     (7) In the event the penalty surcharge imposed under paragraph (1) or (2) is to be returnedpursuant to the court order, an additional due equivalent to 6/100 per year with respect to thepenalty surcharge in arrears(accrued from the day of payment to the day of payment) shall be paid.Article 54 (Relations with Other Acts)     In case where a measure is taken under Article 52 or a penalty surcharge is imposed underArticle 53 against the acts in violation of paragraph (1) of Article 50, a corrective measure or animposition of penalty surcharge under the Monopoly Regulation and Fair Trade Act shall not be madeunder the same grounds against the same acts of the relevant business operator.Article 55 (Compensation for Damages)     In case where a correction measure has been taken under Article 52 (1), a person who isdamaged by the prohibited act may claim for compensation against the telecommunications business
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operator who conducted the prohibited act, and the relevant telecommunications business operatormay not shirk liability unless he can prove that there was no malicious intention or negligence.Article 56 (Quality Improvement of Telecommunications Services)     (1) A telecommunications business operator shall endeavor to make a quality improvement of thetelecommunications services he provides.     (2) The Korea Communications Commission shall devise the required policy measures, such as anevaluation of quality of the telecommunications services, in order to improve a quality oftelecommunications services and to enhance the conveniences of users.     (3) The Korea Communications Commission may order the telecommunications business operator tofurnish data necessary for an evaluation of quality of the telecommunications services, etc. underparagraph (2).Article 57 (Prior Selection Systems)     (1) The Korea Communications Commission shall perform the systems in which the users mayselect in advance the telecommunications business operator from whom they desire to receive thetelecommunications service (hereinafter referred to as the “prior selection systems”). In thiscase, the telecommunications service shall refer to the telecommunications service as determined bythe Enforcement Decree from among the same telecommunications service provided by the plural numberof telecommunications business operators.     (2) The telecommunications business operator shall not force the users to select in advance aspecified telecommunications business operator, or commit the acts to recommend or induce byunlawful means.     (3) The Korea Communications Commission may, for the purpose of performing the prior selectionsystems efficiently and neutrally, designate the specialized institutes performing the registrationor alteration affairs of the prior selection (hereinafter referred to as the “prior selectionregistration center”).
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     (4) The Korea Communications Commission shall determine and publicly notify the mattersnecessary for performing the prior selection systems and for the designation of the prior selectionregistration center and the method of dealing with its affairs, etc.Article 58 (Mobility of Telecommunication Numbers)     (1) The Korea Communications Commission may, in order that the users are able to maintaintheir previous telecommunications numbers despite of the changes of the telecommunications businessoperators, etc., devise and perform the plans for mobility of telecommunications numbers (hereafterin this Article, referred to as the “plans for mobility of numbers”).     (2) The plans for mobility of numbers shall contain the contents falling under any of thefollowing subparagraphs:     1. Kinds of services subject to the mobility of telecommunications numbers;     2. Time for introduction by service subject to the mobility of telecommunications numbers;and     3. Matters on sharing the expenses required for the performance of mobility oftelecommunications numbers by telecommunications business operator.     (3) The Korea Communications Commission may, in order to perform the plans for mobility ofnumbers, order the relevant telecommunications business operators to take the necessary measures.     (4) The Korea Communication Commission may designate an institution specializing in the workof registration and alteration of the mobility of numbers (hereinafter referred to as the “mobilityof numbers management institution”) to efficiently and neutrally implement the mobility of numbersof the telecommunications.     (5) The Korea Communication Commission shall prescribe and publish necessary mattersconcerning the implementation of the mobility of numbers of the telecommunications, the designationof any mobility of numbers management institution and its work, etc.
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Article 59 (Restrictions, etc. on Mutual Possession of Stocks)     (1) Where a key communications business operator falling under Article 39 (3) 1 or 2(including the specially-related persons) possesses in excess of 5/100 of the gross number ofvoting stocks issued by the mutually different key communications business operators, shall not beallowed to exercise any voting rights with regard to the stocks in excess of the relevant ceiling.     (2) Provisions of paragraph (1) shall not apply to the relation of possessions between a keycommunications business operator falling under Article 39 (3) 1 or 2 and the key communicationsbusiness operator established by the said key communications business operator by becoming thelargest stockholder.Article 60 (Provision of Directory Assistance Service)     (1) The telecommunications business operator shall provide an information service of guidingthe general public to the telecommunications numbers of the users by means of voice, booklets orInternet, etc. (hereinafter referred to as the “directory assistance service”) by obtaining aconsent of the users: Provided, That the same shall not apply to the minor business determined andpublicly announced by the Korea Communications Commission by taking account of the numbers of theusers and the turnovers, etc.     (2) If necessary for the protection of private personal information, the Korea CommunicationsCommission may limit the provision of the directory assistance service.     (3) Matters necessary for a provision of the directory assistance service may be stipulated bythe Enforcement Decree.CHAPTER VTELECOMMUNICATIONS FACILITIESSection 1. Commercial Telecommunication FacilitiesArticle 61 (Maintenance and Repair of Telecommunications Facilities)
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For stable provision of its telecommunications services, a telecommunications business operatorshall maintain and repair the telecommunications facilities it provides up to technicalspecifications specified under the Enforcement Decree of the Act for stable supply oftelecommunications.Article 62 (Report and Authorization of Telecommunications Facilities Installation)     (1) When a key communications business operator seeks to install or modify a significanttelecommunications facilities, it shall report it to the Korea Communications Commission in amanner specified under the Enforcement Decree of the Act. Provided, that for the telecommunicationsfacilities installed for the first time for new telecommunication technology, an authorization fromthe Korea Communications Commission shall be obtained in a manner specified in the EnforcementDecree of the Act.     (2) The scope of significant telecommunications facilities under paragraph (1) shall bedetermined and announced by the Korea Communications Commission.Article 63 (Joint Installation of Telecommunications Facilities)     (1) A key communications business operator may agree with another key communications businessoperator to jointly install and use telecommunications facilities.     (2) When key communications business operators negotiate with each other under paragraph (1),the Korea Communications Commission may conduct a research on necessary information and provide itto them in a manner specified under the Enforcement Decree of the Act.     (3) For efficient research under paragraph (2), the Korea Communications Commission may engagean expert institution in the telecommunications area to conduct such research in a manner specifiedunder the Enforcement Decree of the Act.     (4) The Korea Communications Commission may recommend joint installation of telecommunicationsfacilities under paragraph (1) to key communications business operators in a manner specified underthe Enforcement Decree in any of the following cases:     1. where no agreement is reached under paragraph (1) and request is made by one of the key
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communications business operators     2. where it is deemed necessary for the public good     (5) If a key communications business operator fails to reach an agreement on the use of landor buildings owned by the government, public agencies under the Act on the Management of PublicAgencies (“public agencies” in this Article) or another key communications business operator whensuch use is necessary for joint installation of telecommunications facilities, it may request forhelp from the Korea Communications Commission on use of such land or building.     (6) Upon receiving the request for help under paragraph (5), the Korea CommunicationsCommission may make a demand to the head of the government entities, municipalities, publicagencies or the other key communications business operator for reaching an agreement with the useof relevant land or building with the key communications business operator making the request forhelp. in this case, the head of the government entities, municipalities, public agencies or theother key communications business operator shall make such agreement unless there is a justifiablereason.Section 2. PROPRIETARY TELECOMMUNICATIONS FACILITIESArticle 64 (Installation of Proprietary Telecommunications Facilities)     (1) A person seeking to install proprietary telecommunications facilities shall make a reportto the Korea Communications Commission in a manner specified under the Enforcement Decree of theAct. The same applies when an important aspect of reporting items as specified under theEnforcement Decree is sought to be modified.     (2) Notwithstanding paragraph (1), in case of wireless proprietary telecommunicationsfacilities and military telecommunications facilities and others where other bodies of law areapplicable, such bodies of law shall be applicable.     (3) A person who has made a report on installation or modification of proprietarytelecommunications facilities under paragraph (1) shall receive confirmation from the KoreaCommunications Commission in a manner specified under the Enforcement Decree of the Act when suchinstallation or modification construction is complete and before commencement of its use.
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     (4) Notwithstanding paragraph (1), certain proprietary telecommunications facilities specifiedunder the Enforcement Decree of the Act may be installed without filing a report.Article 65 (Restriction on Non-Proprietary Use)     (1) A person who has installed proprietary telecommunications facilities may not use suchfacilities to interconnect other’s communication or operate it outside its installation purposes,provided that the foregoing is not applicable in cases where other bodies of law have specialprovisions of any of the following is applicable:     1. use by a person in law enforcement of disaster rescue industries for law enforcement oremergency rescue operation     2. use by a specially related person of the installer of proprietary telecommunicationsfacilities as announced by the Korea Communications Commission     (2) A person who has installed proprietary telecommunications facilities may providetelecommunications facilities such as conduit line to a key communications business operator In amanner specified under the Enforcement Decree of the Act.     (3) Articles 35, 44 (excluding paragraph (5)) and 45 through 47 shall be applicable in case ofprovision of facilities under paragraph (2).Article 66 (Securing Communication Lines in Case of Emergency)     (1) When a war, accident or natural disaster or other national emergency has happened or islikely to happen, the Korea Communications Commission may order a person who has installedproprietary telecommunications facilities to engage in telecommunications services or otherimportant communications services or connect the telecommunications facilities to othertelecommunications facilities. In this case, Articles 28 through 55 shall be applicable.     (2) When the Korea Communications Commission deems necessary for the purposes of paragraph(1), may order a key communications business operator to handle such task.
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     (3) The costs of performing the task or interconnecting facilities under paragraph (1) shallbe borne by the government, provided that when proprietary telecommunications facilities are usedfor telecommunications services, the key communications business operator receiving such serviceshall bear its costs.Article 67 (Order on the Person Installing Proprietary Telecommunications Facilities, Etc.)     (1)When a person who has installed proprietary telecommunications facilities fails to abide bythe Act or order under this Act, the Korea Communications Commission may order a corrective measureto be carried out within a specific time frame.     (2) If a person who has installed proprietary telecommunications facilities falls under any ofthe following, the Korea Communications Commission may order a cessation of use for a period notexceeding one year:     1. failure to carry out the corrective order under paragraph (1)     2. use of proprietary telecommunications facilities without receiving confirmation inviolation of Article 64(3)     3. interconnection of other’s communication or use of proprietary telecommunicationsfacilities outside its installation purposes in violation of Article 65(1)     (3) When the Korea Communications Commission deems that proprietary telecommunicationsfacilities are interfering with other’s telecommunications or likely to harm other’stelecommunications facilities, it may order the person who installed such facilities to stop using,modify, repair or take other corrective measures.Section 3. INTEGRATED MANAGEMENT OF TELECOMMUNICATIONS FACILITIES , ETC.Article 68 (Installation of Common Duct or Conduit Line, etc.)
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     (1) A person installing or arranging any of the following (hereinafter referred to as the“facility installer”) shall solicit and reflect an opinion from a key communications businessoperator about installing a common duct or conduit line for telecommunications facilities, providedthat the forgoing obligation does not apply when there is a special reason for not being able tohonor the key communications business operator’s opinion.     1. road under Article 2(1)1 of the Road Act     2. railroad under Article 2(1) of the Railroad Enterprise Act     3. urban railroad under Article 3(1) of the Urban Railroad Act     4. industrial complex under Article 2(5) of the Industrial Sites and Development Act     5. free trade zone under Article 2(1) of the Act on Designation and Management of Free TradeZone     6. airport area under Article 2(9) of the Aviation Act     7. port area under the Harbor Act     8. other facilities or land as specified under the Enforcement Decree of the Act     (2) An opinion set forth by key communications business operator about installation of commonduct or conduit line under paragraph (1) shall satisfy the installation requirements for commonduct specified under the Enforcement Decree of the Act.     (3) Articles 35, 44 (excluding paragraph (5)) and 45 through 47 shall be applicable in case ofprovision of common duct or conduit line installed under paragraph (1).     (4) When a facility installer is unable to reflect the opinion of key communications businessoperator under paragraph (1), it shall notify the key communications business operator of thereason for such inability within 30 days from the receipt of such opinion.     (5) When a facility installer does not reflect the opinion of key communications businessunder paragraph (1), the key communications business operator may ask for reconciliation from theKorea
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Communications Commission.     (6) When attempting reconciliation upon receipt of the reconciliation request under paragraph(5), the Korea Communications Commission shall consult with the head of relevant administrativeorganization in advance.     (7) Details necessary for reconciliation under paragraphs (5) and (6) shall be specified underthe Enforcement Decree of the Act.Article 69 (Installation of Telecommunication: Line Facilities for Internal Routing, etc.)     (1) A building under Article 2(1)2 of the Building Act shall install telecommunication linefacilities for internal routing and set aside a certain area for connection with telecommunicationgrid facilities.     (2) Details on the scope of building, standards for installing telecommunication linefacilities and the setting aside of a certain area for connection with telecommunication gridfacilities shall be specified under the Enforcement Decree of the Act.Article 70 (Integrated Management of Telecommunications Facilities, Etc.)     (1) For efficient management and operation of telecommunications facilities, the KoreaCommunications Commission may allow a key communications business operator designated in accordancewith the criteria and procedures specified under the Enforcement Decree of the Act (hereinafterreferred to as the “integrated telecommunications operator”) to manage telecommunicationsfacilities installed under this Act or other bodies of law and the relevant land, building orfixtures (hereinafter referred to as the “telecommunications facilities, etc.”) on an integratedbasis.     (2) When the Korea Communications Commission seeks to allow for integrated management oftelecommunications facilities, etc. under paragraph (1), it shall establish a telecommunicationsfacilities integrated management plan (hereinafter referred to as the “integrated managementplan”), consult with the head of relevant administrative agencies, have it approved by thePresident after passing the cabinet review.
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     (3) An integrated management plan shall have the following:     1. subject, method and procedures of integration     2. management of telecommunications facilities, etc. for the post-integration period     3. other matters specified under the Enforcement Decree of the Act     (4) When it the Korea Communications Commission seeks to establish an integrated managementplan, it shall consult with the installers of the telecommunications facilities, etc. to beintegrated in advance.Article 71 (Purchase of Telecommunications Facilities, Etc.)     (1) An integrated telecommunications operator may, when necessary for integrated management oftelecommunications facilities, etc., request purchase of the relevant telecommunications, etc. Inthis case, the owners of the telecommunications facilities may not refuse such request without anyjustifiable reason.     (2) When purchase request is made by an integrated telecommunications operator under paragraph(1), telecommunications facilities, etc. directly or publicly owned by the government may be soldto the integrated telecommunications operator notwithstanding Article 27 of the State PropertiesAct or Article 19 of the Public Property and Commodity Management Act integrated telecommunicationsoperator. In this case, details necessary for the calculation of sales price, sales procedures,payment of sales price, etc. shall be specified under the Enforcement Decree of the Act.     (3) Articles 67(1), 70, 71, 74, 75, 75-2, 76, 77 and 78(5) through (7) of the Act on theAcquisition of Land, etc. for Public works and the Compensation Therefor shall be applicable forthe calculation of sales price, sales procedures, payment of sales price, etc. of thetelecommunications facilities, other than those directly or publicly owned by the government,purchased by an integrated telecommunications operator.Section 4. Installation and Preservation of Telecommunications Facilities
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Article 72 (Use of Land, etc.)     (1) A key communications business operator may, when necessary for the installation of linetracks, aerial lines and the appurtenant facilities to be available for telecommunications service(hereinafter referred to as the “line tracks, etc.”), make use of others’ land, or buildings andstructures appurtenant thereto, and surface and bottom of the water (hereinafter referred to as the“land, etc.”). In this case, a key communications business operator shall make a consultation withowners or possessors of the relevant land, etc. in advance.     (2) Where a consultation under paragraph (1) is not or cannot be made, a key communicationsbusiness operator may use the land, etc. owned by others, pursuant to the Act on the Acquisition ofLand, etc. for Public Works and the Compensation therefor.Article 73 (Temporary Use of Land, etc.)     (1) A key communications business operator may, when necessary for the measurement of linetracks, etc. and the installation or preservation works of the telecommunications facilities,temporarily use the private, national or public telecommunications facilities, and the land, etc.,within the limit of not substantially impeding a current use.     (2) No one may, without any justifiable reason, interfere with the temporary use oftelecommunications facilities, and land, etc., for the purposes of the measurement of line tracks,etc. and the installation or preservation works of the telecommunications facilities underparagraph (1).     (3) A key communications business operator shall, when intending to temporarily use theprivate, national or public property under paragraph (1), notify the possessors, in advance, of thepurposes and period of such use: provided, that in case where it is difficult to make a priornotification, a prompt notification shall be made during or after its use, and in case where suchnotification of the purposes and period of such use may not be made due to an obscurity of addressand whereabouts of possessors, a public notice thereof shall be made.     (4) The temporary period of use of the land, etc. under paragraph (1) shall not exceed sixmonths.
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     (5) A person who temporarily uses the private, national or public telecommunication facilitiesor the land, etc. under paragraph (1) shall carry the certificate indicating the authority, andpresent it to the persons related.Article 74 (Entry to Land, etc.)     (1) A key communications business operator may enter others’ land, etc., when necessary for ameasurement, examination, etc., for the installation and preservation of his telecommunicationsfacilities: Provided, That in case where the place intended for such entry is a residentialbuilding, a consent from residents shall be obtained.     (2) No one may, without any justifiable reason, interfere with the temporary entry oftelecommunications facilities, and land, etc., for the purposes of the measurement, examination,etc., for the installation and preservation of telecommunications facilities under paragraph (1).     (3) Article 73(3) and (5) shall be applicable in regard to providing notice and showing anidentification when a person doing measurement or examination under paragraph (1) enters private orpublic land, etc.Article 75 (Request for Elimination of Obstacles, etc.)     (1) A key communications business operator may request the owners or possessors of gas pipes,water pipes, drain pipes, electric lamp lines, electricity lines or private telecommunicationsfacilities, which impede or are likely to impede the installation of line tracks, etc. ortelecommunications facilities themselves (hereinafter referred to as the “obstacles, etc.”), forthe removal, remodeling, repair and other measures with respect to the relevant obstacles, etc.     (2) A key communications business operator may request the owners or possessors to remove theplants, when they may impede or are likely to impede the installation or maintenance of linetracks, etc. or telecommunications themselves.     (3) A key communications business operator may, when the owners or possessors of the plants donot comply with the request under paragraph (2) or there exist any other unavoidable reasons, fellor transplant the relevant plants by obtaining permission from the Korea Communications
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Commission. In this case, a prompt notification shall be made to the owners or possessors of therelevant plants.     (4) The owners or possessors of the obstacles, etc., which impede or are likely to impede thetelecommunications facilities of a key communications business operator, shall make a consultationin advance with the key communications business operator, when they are in need of a newconstruction, enlargement, improvement, removal or alteration of the relevant obstacles, etc.Article 76 (Obligation for Restoration to Original State)     A key communications business operator shall restore the relevant land, etc. to its originalstate, when a use of the land, etc. under Articles 72 and 73 is finished or a need of providing theland, etc. for telecommunications service is gone, and in case where a restoration to the originalstate becomes impossible, make a proper compensation for damages suffered by the owners orpossessors.Article 77 (Compensation for Damages)     A key communications business operator shall, in case of incurring damages on others in caseof Article 73 (1), 74 (1) or 75, make a proper compensation to the suffered person.Article 78 (Procedures for Compensation for Damages on Land, etc.)     (1) When a key communications business operator compensates under Article 76 or 77 for any ofthe following reasons, it shall consult with the person has incurred losses.     1. temporary use of land under Article 73(1)     2. entry in land, etc. under Article 74(1)     3. moving, modifying, repairing obstacles or removal of plants under Article 75     4. inability to restore to the original state under Article 76     (2) When a consultation under paragraph (1) is not or cannot be made, an application foradjudications shall be filed with the competent Land Expropriation Commission under the Act on
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the Acquisition of Land, etc. for Public Works and the Compensation therefor.     (3) Except for those as otherwise prescribed by this Act, the provisions of the Act on theAcquisition of Land, etc. for Public Works and the Compensation therefor shall be applied mutatismutandis to the criteria, methods and procedures regarding a compensation for damages, etc. to theland, etc. under paragraph (1), and an application for adjudications under paragraph (2).Article 79 (Protection of Telecommunications Facilities)     (1) No person shall destruct the telecommunications facilities, and obstruct the flow oftelecommunications by impeding the function of telecommunications facilities by means of havingother objects contact them or by any other devices.     (2) No person shall stain the telecommunications facilities or damage the measurement marks ofthe telecommunications facilities by means of throwing objects to the telecommunications facilitiesor fastening an animal, vessel or a log raft thereto.     (3) A key communications business operator may, if necessary for the protection of submarinecommunications cable and their peripheral equipment (hereinafter referred to as the “SubmarineCable”), file an application to the Korea Communications Commission for the designation of alertareas for the Submarine Cable.     (4) Upon receiving an application pursuant to paragraph (3), the Korea CommunicationsCommission may consider the necessity of such designation and may designate and publicly notify thealert areas for the Submarine Cable through consultation with the relevant state administrativeagency.     (5) Designation applications, methods and procedures of such designation and its publicnotification, and methods of alert area indication shall be determined by the Enforcement Decree.Article 80 (Moving of Facilities, etc.)     (1) The owners or possessors of the land, etc. may, in case where the telecommunicationsfacilities of a key communications business operator have become an obstacle to a use of the land,
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etc. due to changes in the purpose of use or in the methods of using the land, etc. where suchfacilities are located, or the land adjacent to it, request a key communications business operatorto move the telecommunications facilities, and take other measures necessary for removing theobstacles.     (2) A key communications business operator shall, upon receipt of a request under paragraph(1), take necessary measures, except for the cases where such measures are difficult to be takenfor a business performance or technologies.     (3) Expenses necessary for taking the measures under paragraph (2) shall be borne by theperson who provided the cause for the move or taking other measures necessary for removing theobstacles after the installation of the subject telecommunication facilities: Provided, That in theevent the person who bears the expenses is the owner or possessor of the land and falls under anyone of the following subparagraphs, the key communication business operator may reduce or exemptthe person’s expenses, considering the indemnification amount paid at the time of installation ofthe telecommunication facilities and the amount of time it took to build the telecommunicationfacilities:     1. where the key communication business operator establishes and implements a plan to move thetelecommunication facilities or remove other obstacles;     2. where the moving the telecommunication facilities or removal of other obstacles isbeneficial to other telecommunication facilities;     3. where the state or a local autonomous entity demands such moving of telecommunicationfacilities or removal of other obstacles; or     4. where the telecommunication facilities within private land are being removed because theygreatly obstruct the use of such land.Article 81 (Cooperation of Other Organizations, etc.)     A key communications business operator may ask the related public agencies for a cooperation,in case where the operation of vehicles, vessels, airplanes and other carriers for the installationand preservation of his telecommunications facilities is necessary. In this case, the public agencyin
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receipt of a request for cooperation shall comply with it, unless there exist any justifiablereasons.Article 82 (Inspection• Report, Etc.)     (1) When necessary for establishing telecommunication policies and other cases specified underthe Enforcement Decree of the Act, the Korea Communications Commission may inspect the facilitystatus, accounting books and documents of installers of telecommunications facilities or demandthem to make a report on the facilities.     (2) When there is an installer telecommunications facilities in violation of this Act, theKorea Communications Commission may order the removal of the relevant facilities or other necessaryactions.CHAPTER VI SUPPLEMENTARY PROVISIONSArticle 83 (Protection of Communication Secrecy)     (1) No person shall infringe on or divulge the secrecy of communication dealt with bytelecommunications business operator.     (2) A person who is or has been engaged in the telecommunications service shall not divulgeothers’ secrecy obtained with respect to communication while in office.     (3) A telecommunications business operator may comply with a request for the perusal or theprovision of the data falling under each of the following subparagraphs (hereinafter referred to asthe “supply of communication data”) from a court, a prosecutor, the head of an investigation agency(including the head of any military investigation agency, the commissioner of the National TaxService and the commissioners of regional Tax Offices; hereinafter the same shall apply) and thehead of an intelligence and investigation agency, who intends to collect information orintelligence for the purpose of the prevention of any threat to a trial, an investigation(including an investigation of any transgression taken place during commission of any crime fallingunder Article 10(1), (3) or (4) of the Punishment of Tax Evaders Act), the execution of a sentenceor the guarantee of the national security:
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     1. Names of users;     2. Resident registration numbers of users;     3. Addresses of users;     4. Phone numbers of users;     5. IDs of users (referring to the identification codes of users that are used to identify therightful users of computer systems or communications networks); and     6. Dates on which users subscribe or terminate their subscriptions.     (4) The request for supply of communication data under paragraph (3) shall be made in writing(hereinafter referred to as a “written request for data supply”), which states a reason for suchrequest, relation with the relevant user and the scope of necessary data: Provided, That where anurgent reason exists that makes a request in writing impossible, such request may be made withoutresorting to writing, and when such reason disappears, a written request for data supply shall bepromptly filed with the telecommunications business operator.     (5) A telecommunications business operator shall, where he has supplied the communication datapursuant to the procedures of paragraphs (3) and (4), keep the ledgers as prescribed by theEnforcement Decree, which contain necessary matters such as the facts of supplies of communicationdata, and the related data such as the written requests for data supply, etc.     (6) A telecommunications business operator shall report, to the Korea CommunicationsCommission, twice a year the current status, etc. of supplying the communication data, by themethods prescribed by the Enforcement Decree, and the Korea Communications Commission may checkwhether the content of a report made by a telecommunications business operator is authentic and themanagement status of related data according to paragraph (5).     (7) A telecommunications business operator shall, by the methods prescribed by the EnforcementDecree, notify the contents entered in the ledgers according to paragraph (5) to the head of acentral administrative agency whereto a person requesting supply of communications data accordingto paragraph (3) belongs: Provided, That in the event that a person who asks for providing
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the communications data is a court, the relevant telecommunications business operator shall notifythe Minister of the Court Administration thereof.     (8) A telecommunications business operator shall establish and operate a setup in full chargeof the affairs related to the users’ communication secrets; and the matters concerning the functionand composition, etc. of the relevant setup shall be prescribed by the Enforcement Decree.     (9) Matters necessary for the scope of persons holding the decisive power on written requestfor data supply shall be prescribed by the Enforcement Decree.Article 84 (Notice of Transmitter’s Telephone Number)     (1) The telecommunications business operator may, upon request from the recipient, notify himof the transmitter’s telephone number, etc.: Provided, That this shall not apply to the case wherethe transmitter expresses his content to refuse the transmission of his telephone number.     (2) Notwithstanding the proviso of paragraph (1), the telecommunications business operatormay, in any of the following cases notify the recipient of the transmitter’s telephone number, etc.     1. in case where the recipient requests according to the requisites and procedures set by theEnforcement Decree in order to protect the recipients from the violent language, intimidations,harassments, etc.     2. Of the special telephone number services, those necessary for national security, crimeprevention, disaster response, etc. as specified under the Enforcement Decree of the Act.        ,     (3) No person shall alter the caller’s telephone number or display an erroneous telephonenumber for profit or for the purpose of inflicting harm on others violent language, intimidations,harassments, etc..     (4) No person shall provide services that enable another to alter the caller’s telephonenumber or display an erroneous telephone number for profit. Provided, this provision underparagraph (4) shall not apply in the event any justifiable grounds for exception exist (e.g., forpublic interest or recipient’s convenience).
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Article 85 (Restriction and Suspension of Business)     The Korea Communications Commission may order the telecommunications business operators torestrict or suspend the whole or part of telecommunications service under the conditions asprescribed by the Enforcement Decree, when there occurs or is likely to occur a national emergencyof war, incident, natural calamity, or that corresponding to them, or when other unavoidable causesexist, and when necessary for securing important communications.Article 86 (Approval for International Telecommunications Services)     (1) When there exist special provisions in the treaties or agreements on internationaltelecommunications business joined by the Government, those provisions shall govern.     (2) A telecommunications business operator shall, where he intends to conclude internationaltelecommunications business as prescribed by the Enforcement Decree, obtain approval from the KoreaCommunications Commission fulfilling the requisites prescribed by the Enforcement Decree. The sameshall apply to the case where he intends to alter or abolish such agreement or contract.     (3) A telecommunications business operator providing key communications services shall, wherehe concludes an agreement or a contract with a foreign government or a foreigner with respect tothe adjustments of fees following the handling of international telecommunications services, reportsuch to the Korea Communications Commission, provided that the foregoing is not applicable in casethe size of telecommunications facilities, paid-in capital, number assignment ,etc. satisfy thestandards specified under the Enforcement Decree of the Act.     (4) Notwithstanding paragraph (3), when an agreement is to be entered into for the adjustmentsof fees for international telecommunications through the joint use of radio telecommunicationsfacilities, approval from the Korea Communications Commission shall be necessary.     (5) Details on the report under paragraph (3) or authorization under paragraph (4) shall bedetermined and publicly announced by the Korea Communications Commission.
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Article 87 (Transboundary Provision of Key Communications Services)     (1) A person, who intends to provide key communications service from abroad into the homelandwithout establishing a domestic business place (hereinafter referred to as the “transboundaryprovision of key communications services”), shall conclude a contract on transboundary provision ofkey communications services with a domestic key communications business operator or a specificcommunications business operator who provides the same key communications service.     (2) The provisions of Articles 28, 32, 33, 45 through 47, 50 through 55, 83 through 85, 88 and92 and Article 44-7 of the Act on Promotion of Information and Communications Network Utilizationand Information Protection, etc. shall apply mutatis mutandis to the provision of services asdetermined in a contract by a key communications business operator or a specific communicationsbusiness operator who has concluded the contract under paragraph (1).     (3) Where a person, who intends to provide a transboundary key communications service underparagraph (1), or a key communications business operator or a specific communications businessoperator, who has concluded a contract with him, violates the relevant provisions which appliesmutatis mutandis under paragraph (2), the Korea Communications Commission may cancel approval underArticle 86 (2), or issue an order to suspend a transboundary provision of the whole or part of keycommunications services as determined in the relevant contract, with fixing a period of not morethan one year.     (4) Criteria and procedures, etc. for dispositions under paragraph (3) and other necessarymatters shall be determined by the Enforcement Decree.Article 88 (Report, etc. on Statistics)     (1) A telecommunications business operator shall report the statistics on a provision oftelecommunications service as prescribed by the Enforcement Decree, such as a current status offacilities by telecommunications service, subscription record, current status of users, and thedata related to telephone traffic required for the imposition and collection of fees, to the KoreaCommunications Commission under the conditions as determined by the Enforcement Decree, and keepthe related data available.
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     (2) A key communications business operator and stockholders thereof, or the specificcommunications business operator and stockholders thereof shall submit the related data necessaryfor a verification of the facts of Article 8, pursuant to the provisions of the Enforcement Decree.     (3) The Korea Communications Commission may, in order to verify the facts under paragraph (2),or to examine the genuineness of the data submitted, request the administrative agencies and otherrelated agencies to examine the data submitted or to submit the related data. In this case, theagencies in receipt of such request shall accede thereto unless there exist any justifiablereasons.Article 89 (Hearing)     The Korea Communications Commission shall, in case where he intends to make a dispositionfalling under any of the following subparagraphs, hold a hearing:     1. Cancellation, in whole or part, of license for a key communications business operator underArticle 20 (1);     2. Cancellation, in whole or part, of registration of a specific communications business underArticle 27 (1);     3. Closedown, in whole or part, of a value-added communications business under Article 27 (2);and     3. Cancellation of approval under Article 87 (3).Article 90 (Imposition of Penalty Surcharge, etc.)     (1) The Korea Communications Commission may impose a penalty surcharge equivalent to theamount of not more than 3/100 of the sales amount that is calculated under the conditions asprescribed by the Enforcement Decree in lieu of the relevant business suspension, in case where hehas to order a business suspension to a telecommunications business operator who falls undersubparagraphs of Article 20 (1) or subparagraphs of Article 27 (1) and (2), or a suspension ofrelevant business is likely to cause substantial inconveniences to the users, etc. of relevantbusiness or to harm other public interests. If the telecommunications business operator refuses tosubmit the
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data used for calculation of turnover or submits erroneous data, an estimate of the turnover can beassessed based on the financial statement of those who provide similar services in the sameindustry (accounting documents, number of subscribers, usage fee and business operation status):Provided, That in the event that the sales amount is nonexistent or difficult to calculate thesales amount, as prescribed by the Enforcement Decree, the Minister of Information andCommunication may impose a penalty surcharge not exceeding 1 billion won.     (2) When the Korea Communications Commission orders cessation of use in regard to proprietarytelecommunications facilities under Article 67(2), it may replace such order with a penaltysurcharge not exceeding 1 billion won if such order causes significant inconvenience to users oftelecommunication services provided with the use of the relevant proprietary telecommunicationsfacilities or other public harm is expected.     (3) Specific standards for the imposition of penalty surcharge under paragraph (1) and (2)shall be determined by the Enforcement Decree.     (4) Article 53(5) through (7) shall apply in regard to additional dues of penalty surcharge,demand for payment and return-additional dues of penalty surcharge under paragraph (1) and (2).Article 91 (Extension of Time Limit of Payment of Penalty Surcharge and Payment inInstallments)     (1) Where a penalty surcharge to be paid by a telecommunications business operator underArticles 53 and Article 90 exceeds the amount as prescribed by the Enforcement Decree, and wheredeemed that a person liable for a payment of penalty surcharge finds it difficult to pay it in alump sum due to the reasons falling under any one of the following subparagraphs, the KoreaCommunications Commission may either extend the time limit of payment, or have him pay it ininstallments. In this case, the Korea Communications Commission may, if deemed necessary, have himput up a security therefor :     1. Where he suffers a severe loss of property due to natural disasters or fire;     2. Where his business faces a serious crisis due to an aggravation of his businessenvironments; and     3. Where it is expected that he will be in great financial difficulty if he pays the penalty
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surcharge in a lump sum.     (2) Matters necessary for an extension of the deadline for payment of a penalty surcharge, thepayment in installments and the laying of a security shall be prescribed by the Enforcement Decree.Article 92 (Correction Orders, etc.)     (1) The Korea Communications Commission shall issue correction orders in case where atelecommunications business operator falls under any of the following subparagraphs:     1. Where it violates Articles 3, 4, 6, 9 through 11, 14 through 24, 26 through 28, 30 through44, 47 through 49, 51, 56 through 62, 64 through 67, 69, 73 through 75, 79 or 82 through 88 or anyorder thereunder;     2. Where the procedures for business performances of telecommunications business operator aredeemed to inflict significant harms on the users’ interests; and     3. Where he fails to take swift measures necessary for removing obstructions such as repairs,etc. when impediments have occurred to the supply of telecommunications services.     (2) The Korea Communications Commission may order a telecommunications business operator toconduct the matters of the following subparagraphs, when necessary for development oftelecommunications:     1. Integrated operation and management of telecommunications facilities, etc.;     2. Expansion of communications facilities for the enhancement of social welfare;     3. Construction and management of communications networks for important communications toachieve efficient performance of State’s functions; and     4. Other matters as prescribed by the Enforcement Decree.     (3) The Korea Communications Commission may order the persons falling under any of thefollowing subparagraphs to take measures, such as the suspension of acts to provide
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telecommunications service or the removal of telecommunications facilities, etc.:     1. Persons who operate a key communications business without obtaining a permit under Article6 (1);     2. Persons who operate a specific communications business without making a registration underArticle 21 (1); and     3. Persons who operate a value-added communications business without making a report underArticle 22 (1).Article 93 (Delegation and Entrustment of Authority)     The authority of the Korea Communications Commission under this Act may be delegated andentrusted in part to the head of the affiliated agencies under the conditions as prescribed by theEnforcement Decree.CHAPTER VII PENAL PROVISIONSArticle 94 (Penal Provisions)     A person falling under any of the following subparagraphs shall be punished by imprisonmentfor not more than five years or by a fine not exceeding 200 million won:     1. A person who runs a key communications business without obtaining a license under Article 6(1);     2. A person who has operated key communications services in violation of partialcancellation of license under Article 20(1);     3. A person who obstructs the flow of telecommunications by impeding a function oftelecommunications facilities by means of damaging telecommunications facilities, or having theobjects contacted thereon and other methods, in violation of Article 79 (1);
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     4. A person who divulges other’s secrets with respect to communications which have been knownto him while in office, in violation of Article 83 (2); and     5. A person who supplies communication data, and person who receives such supply, inviolation of Article 83 (3).Article 95 (Penal Provisions)     A person falling under any of the following subparagraphs shall be punished by imprisonmentfor not more than three years or by a fine not exceeding 150 million won:     1. A person who refuses a provision of telecommunications service without any justifiablereasons, in violation of Article 3 (1);     2. A person who violates a disposition taken to suspend his business under Article 20 (1);     3. A person who operates a specific communications business without making a registrationunder Article 21 (1);     4. A person who has operated specific communications services in violation of partialcancellation of license under Article 27(1);     5. A person who fails to implement an order under Article 52 (1);     6. A person who obstructs the measurement of line tracks, etc. and the installation andpreservation activities of telecommunications facilities under Article 73 (2); and     7. A person who encroaches upon or divulges a secret of communications handled bytelecommunications business operator, in violation of Article 83 (1).Article 96 (Penal Provisions)     A person falling under any of the following subparagraphs shall be punished by imprisonmentfor not more than two years or by a fine not exceeding 100 million won:
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     1. A person who fails to obtain a modified license under Article 16;     2. A person who fails to obtain approval under Articles 17 (1) and 42 (4);     3. A person who fails to obtain an authorization under the text of Article 18 (1) other thansub-paragraphs or approval according to Article 19 (1);     4. A person who violates Article 18 (9) by unifying communication networks, appointingofficers, executing any other activities such as transferring, consolidating, enforcing afacilities sales contract or taking follow-up measures relating to establishment of a companybefore receiving a license ;     5. A person who violates user protection measures ordered under Article 19(2);     6. A person who runs the value-added communications business without making a report underArticle 22(1);     7. A person who violates a disposition taken to suspend his business under Article 27(1);     8. A person who fails to execute the order given to discontinue his business underArticle 27 (2);     9. A person who fails to subscribe for a guarantee insurance in violation of Article 32(3);     10. A person who discloses, uses or provides the information, in violation of the main bodyof Article 43 (1) or paragraph (2) of the same Article;     11. A person who fails to implement the partial restriction or cessation measure orderedpursuant to Article 85; and     12. A person who fails to obtain approval, approval for alteration, or approval forabolition, under Article 86 (2) or (4).Article 97 (Penal Provisions)
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     A person falling under any of the following subparagraphs shall be punished by imprisonmentfor not more than one year or by a fine not exceeding 50 million won:     1. A person who fails to execute the order given under Articles 10(5), 18 (8) or 12 (2)(including a case where the provisions are applied mutatis mutandis under Article 4 (4) of theAddenda of the Telecommunications Business Act amended by Act No. 5385);     2. A person who fails to make a report under provisos of Article 18 (1) other thansub-paragraphs;     3. A person who fails to make a modified registration or a modified report under Article 23;     4. A person who fails to make a report under Article 24;     5. A person who violates a disposition taken to suspend his business under Article 27 (2);     6. A person who provides telecommunications service without making a report or modificationreport under Article 28(1) and the proviso of (2) or receiving an authorization or modificationapproval under paragraph (2) of the same Article; and     7. A person who intermediates other person’s communication or furnishes for use by otherperson, by making use of telecommunications services rendered by the telecommunications businessoperator, in contravention of the provisions of the text of Article 30 other than subparagraphs.Article 98 (Penal Provisions)     A person falling under any of the following subparagraphs shall be punished by imprisonmentfor not more than one year or by a fine not exceeding 10 million won:     1. A person who installs or modifies significant telecommunications facilities without makinga report under the main text of Article 62(1) or has installed telecommunications facilitieswithout obtaining approval under the proviso of the same Article
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     2. A person who installs proprietary telecommunications facilities without making a report ormodification report under Article 64(1)     3. A person who interconnects other’s communication through proprietary telecommunicationfacilities or uses it outside its purpose in violation of Article 65(1)     4. A person who violates an order under Article 66(1) to handle telecommunication services orother communication services or connect the pertinent facilities to other telecommunicationsfacilities     5. A person violates a usage cessation order under Article 67(2) or an order under paragraph(3) of the same article     6. A person violates an order for removal of telecommunications facilities or other correctivemeasures under Article 82(2)     Article 99 (Penal Provisions)     A person who commits any of the prohibited acts under Article 50(1) (excluding providingtelecommunications services not in accordance with the standard usage terms and conditions underArticle 50(1)5) shall be punished by a fine not exceeding 300 million won.Article 100 (Penal Provisions)     A person falling under any one of the following subparagraphs shall be punished by a fine notexceeding 50 million won:     1. A person who deceives another for profit or alters his telephone number or displays afraudulent telephone number for the purpose of inflicting harm through violent language,intimidations, harassment, etc. in contravention of Article 84 (3); and     2. A person who provides services that enable another to alter the caller’s telephone numberor display an erroneous telephone number for profit in violation of Article 84 (4).
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Article 101 (Penal Provisions)     A person who stains the telecommunications facilities or damages the measurement marks of thetelecommunications facilities, in violation of Article 79 (2) shall be punished by a fine orpenalty not exceeding one million won.Article 102 (Attempted Criminal)     An attempted criminal under subparagraphs 3 and 4 of Article 94 and subparagraph 7 of Article95 shall be punished.Article 103 (Joint Penal Provisions)     When a representative of a juristic person or an agent, an employee or any other employedperson of the juristic person or individual commits violation under Articles 94 through 100 inconnection with the business of such juristic person or individual, then a fine under the relatedArticle shall be imposed on the juristic person or individual, in addition to the punishment of theviolator except in cases where such juristic person or individual has not been lax in exercisingdue care and supervision in regard to the relevant business to prevent such violation.Article 104 (Fine for Negligence)     (1) A person who falls under any one of the following subparagraphs shall be punished by afine for negligence not exceeding 30 million won:     1. A person who refuses or impedes a temporary use of private telecommunications facilitiesor lands under Article 73 (2), without justifiable reasons;     2. A person who refuses or impedes an entry to the land, etc. under Article 74 (2), withoutjustifiable reasons;     3. A person who refuses the moving, alteration, repair and other measures on the obstacles,
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etc. under Article 75 (1), or the request for removal of the plants under Article 75 (2), withoutjustifiable reasons;     (2) A person who fails to apply for approval in regard to execution of an agreement in violationof Article 44(2) shall be punished by a fine not exceeding 20 million won.     (3) A person falling under any of the following shall be punished by a fine not exceeding 15million won:     1. A person who fails to report in regard to execution of an agreement in violation of Article44(1)     2. A person who fails to make a report under the main text of Article 86(3)     (4) A person who falls under any one of the following subparagraphs shall be punished by afine for negligence not exceeding ten million won:     1. A person who fails to make a report as referred to in Article 10 (2) or to comply with arequest for providing the data or an order to attend as referred to in Article 11 (3) or (4);     2. A person who, in violation of Article 19 (1), fails to notify the user 60 days prior to theexpected date of termination;     3. A person who fails to make a report under Article 26;     4. A person who violates the obligation concerning the protection of users under Article 32(1);     5. A person who fails to carry out request for information under Article 35(5) or submitsfalse information     6. A person who fails to make a public announcement of the technical standards, and thestandards for use and provision, or the standards for a creation of fair competitive environments,in violation of Article 42 (4);     7. A person who fails to observe the publicly announced matters under Article 48(2), inviolation of Article 48 (3);
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     8. A person who refuses, avoids or hampers an order for submission, or an investigation, ofthe data or articles according to Article 51 (2);     9. A person who refuses, avoids, or intervenes with the order to submit information or objectunder Article 51 (5), or the temporary custody of the information or object submitted under thesame Article;     10. A person who fails to execute orders given to furnish related data under the provisions ofArticle 56 (3);     11. A person who has used proprietary telecommunications facilities without receivingconfirmation under Article 64(3)     12. A person who refuses or interferes with inspection under Article 82(1)     13. A person who fails to report under Article 82(2) or makes a false report     14. A person who fails to keep related data or makes false entries in such data, incontravention of the provisions of Article 83 (5);     15. A person who does not report the contents in the ledgers, including provision oftelecommunications data, to the head of central administrative agency in violation Article 83(7)     16. A person who fails to make reports or submit the data under Article 88, or falsely dosuch acts; and     17. A person who fails to follow correction orders, etc., under Article 92.     (5) The fine for negligence under paragraph (1) through (4) shall be imposed and collected bythe Korea Communications Commission, under the conditions as prescribed by the Enforcement Decree.ADDENDUM <Act No. 10166, Mar. 22, 2010>
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     Article 1 (Enforcement Date) This Act shall be effective 6 months after the date of itsannouncement.     Article 2 (Effective Term) Amended Articles 38(2) through (4) shall be effective for 3 yearsfrom the enforcement date of this Act .     Article 3 (Survival) The previous addenda shall be effective even after this Act comes intoeffect.     Article 4 (Grandfathering Clause for Licensed Key Communications Business Operator) Keycommunications business operators who are licensed to provide key communications services under theprevious regulation at the time this Act comes into effect shall be deemed as key communicationsbusiness operator licensed under amended Article 6 to carry out key communications services underArticle 5(2)     Article 5 (Grandfathering Clause for Guarantee Insurance) A specific communications businessoperator licensed under the previous regulation that has subscribed for a guarantee insurance forthe services to be provided after receiving service charges in advance shall be deemed to havesubscribed for a guarantee insurance under amended Article 32(3).     Article 6 (Grandfathering Clause for Penalty, Etc.) When a penalty or fine is to be imposedfor violation before the time this Act comes into effect shall be subject to the previousregulation, provided, however, that if this Act is more lenient for the violator, this Act shall beapplicable.     Article 7 (Amendments to Other Laws)     (1) The Monopoly Regulation and Fair Trade Act shall be partially amended as follows     Article 12(2)1(1) shall be deleted.     (2) The Broadcasting Act shall be partially amended as follows.     : In Article 9(5), “Article 21 of the Telecommunications Business Act” shall be “Article 22 ofthe Telecommunications Business Act.     In Article 79(3), “under the Framework Act on Telecommunications” shall be” under theTelecommunications Business Act”
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     (3) The Act on the Protection, Use, etc. of Location Information shall be partially amended asfollows.     In Article 2(1), “under Article 2(2) and (3) of the Framework Act on Telecommunications” shallbe “under Article 2(2) and (3) of the Telecommunications Business Act”.     (4) —The Internet Multimedia Broadcast Services Act shall be partially amended as follows.     In Article 2(2), “the Framework Act on Telecommunications” shall be” TelecommunicationsBusiness Act”.     In the main text of Article 6(2), “Article 34(3)1” shall be “Article 39(3)1” and in Article18(1), “Article 21” shall be “Article 22”.     (5) The Framework Act on Telecommunications shall be partially amended as follows.     Section 3 Part 1 (Articles 16 through 18), Part 2 (Articles 20 through 24), Part 4 (Articles30-2, 30-3, 31 and 32) and Part 5 (Articles 40-2, 40-3 and 43) shall be deleted.     Article 49(1) through (5) shall be deleted.     Article 53(1)1 shall be deleted.     (6) The Act on Radio Wave shall be partially amended as follows.     In Article 10(1)1, “Article 4(2)” shall be “Article 5(2)”, in Article 13(2), “Article 5-2“shall be “Article 7” and in Article 15(2)1(2), “Article 15” shall be “Article 20”,     In the first part of Article 19(2), “A person seeking to set up a wireless station designedfor receiving telecommunications services under Article 2(7) of the Framework Act onTelecommunications, as specified under the Enforcement Decree of such Act in regard to thetelecommunications services” shall be” A person seeking to set up a wireless station designed forreceiving telecommunications services under Article 2(6) of the Telecommunications Business Act, asspecified under the Enforcement Decree of such Act in regard to the telecommunications
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services”.     In the main text of Article 79(2), “Articles 33-3, 39 through 41, 44, 45, 47, 51, 70(6) and73(2) and (3) of the Telecommunications Business Act” shall be “Articles 45, 72 through 74, 76through 78, 80, 95(6) and 104(1)1 and 2 of the Telecommunications Business Act”.     (7) The Act on Promotion of Information and Communications Network Utilization and InformationProtection, etc. shall be partially amended as follows.     In Article 2(1)1, “the Framework Act on Telecommunications” shall be “the TelecommunicationsBusiness Act”, in paragraph (2) of the same Article, “Article 2(7) of the TelecommunicationsBusiness Act” shall be “Article 2(6) of the Telecommunications Business Act” and in paragraph (3)of the same paragraph, “Article 2(1)1 of the Telecommunications Business Act” shall be “Article2(8) of the Telecommunications Business Act”.     In Article 46-3(1)1, “Article 2(1)1 of the Telecommunications Business Act “ shall be “Article 2(8) of the Telecommunications Business Act”.     In Article 53(3), “Article 21” shall be “Article 22”, in the earlier text of paragraph (4) ofthe same Article, “Articles 22 and 25 through 27” shall be “Articles 23 through 26” and in thelater text of the same, “in this case, a person who has registered for specific communicationsbusiness under Article 19 and” shall be” in this case”.     (8) The E-Government Act shall be partially amended as follows:     In Article 51(2), “under Article 7 of the Framework Act on Telecommunications “ shall be“Article 6 of the Telecommunications Business Act”.     (9) The Act on Promotion of Telecommunications Industry shall be partially amended as follows:     In Article 43(1)1, “under Article 5 of the Telecommunications Business Act” shall be “underArticle 6 of the Telecommunications Business Act and in paragraph 2 of the same, “Article 19 of theTelecommunications Business Act” shall be “Article 21 of the Telecommunications Business Act”.     Article 8 (Grandfathering Clause for Amendment of Other Law) If there is any penalty or fineto be imposed for a violation under the previous Framework Act on Telecommunications (the
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version before being amended by Article 7(5) of the Addendum) before this Act comes intoeffect, such imposition shall be made in accordance with the previous Framework Act onTelecommunications.     Article 9 (Relationship with Other Laws) References to the previous Framework Act onTelecommunications and the previous Telecommunications Business Act at the time this Act comes intoeffect shall be deemed to be references to this Act or relevant provisions if there are relevantprovisions in this Act.
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