**Exhibit 15.3**

TELECOMMUNICATIONS BUSINESS ACT 

As partially amended by Act No. 12761 ofOctober 15, 2014, effective October 15, 2014 

CHAPTER I. GENERAL PROVISIONS 

Article 1 (Purpose) 

The purpose of this Act is to contribute to the promotion ofpublic welfare by encouraging sound development of telecommunications business and ensuring convenience to the users of telecommunications service through proper management of such business. 

Article 2 (Definitions) 

The definitions of the terms as used in this Act shall beas follows: 

1. the term “telecommunication” means sending and receiving of sign, wording, sound or image throughwired, wireless, optic or other electronic means; 

2. the term “telecommunications facilities” means equipment,devices, lines and other facilities necessary for telecommunication; 

3. the term “telecommunication line facilities”means telecommunication line portion of the telecommunications facilities which is necessary for sending, receiving and routing telecommunication and include exchange equipment and other annexed facilities; 

4. the term “commercial telecommunications facilities” means telecommunications facilities for providing telecommunicationbusiness; 

5. the term “proprietary telecommunications facilities” means telecommunications facilities other thancommercial telecommunications facilities that a person installs for his own telecommunication use; 

6. the term“telecommunication service” means connecting of customer’s communication through the use of telecommunications facilities or providing telecommunications facilities for customer’s communication; 

7. the term “telecommunication business” means the business of providing telecommunication service; 

8. the term “telecommunications business operator” means a person who provides telecommunications service with holding a licenseor making a registration or report under this Act; 

9. the term “user” means a person who has made a contract for theuse of any telecommunications service with the telecommunications business operator in order to receive a provision of telecommunications service; 

10. the term “universal service” means the basic telecommunications service which any user may receive at reasonable fees anytime and anywhere; 

11. the term “key communications service” means the telecommunication service such as telephone and internet services whichtransmit or receive voice, data, image, etc. without changing their content and the telecommunication service where telecommunication line facilities is lent for transmission and receipt of voice, data, image, etc.; provided, however, thatindividual telecommunication services determined and announced by the Minister of Science, ICT and Future Planning (individual telecommunication service under Article 6) are excluded; 

12. the term “value-added communications services” means telecommunication services other than key communications services;

13. the term “special type of value-added communications services” means value-added communications servicesprovided by special type of online service providers under Article 104 of the Copyright Act. 

A. <Deleted by ActNo. 12035, August 13, 2013> 

B. <Deleted by Act No. 12035, August 13, 2013> 

Article 3 (Duty of Providing Services, etc.) 

(1) A telecommunications business operator shall not refuse to provide any telecommunications service, without justifiable reasons.

(2) A telecommunications business operator shall guarantee the fairness, speediness and accuracy in performing his business.

(3) A fee for telecommunications service shall be reasonably fixed so as to ensure a smooth development of telecommunicationsbusiness and to provide the users with convenient and diverse telecommunications services in the fair and inexpensive manner. 

Article 4(Universal Service) 

(1) All telecommunications business operators shall have the obligation to provide universal service or toreplenish the losses incurred by such provisions. 

(2) The Minister of Science, ICT and Future Planning may, notwithstandingparagraph (1) above, exempt the telecommunications business operator in each of the following subparagraphs from the obligation specified paragraph (1) above: 

1. the telecommunications business operator determined by the Enforcement Decree as a telecommunications business operator for whom an imposition of obligation under paragraph (1) is deemedinadequate in view of the peculiarity of telecommunications service; and 

2. the telecommunications business operator whoseturnover of telecommunications service is less than the amount as determined by the Enforcement Decree within the limit of 1/100 of total turnover of the telecommunications services, from the relevant obligations. 

(3) The details of universal service shall be determined by the Enforcement Decree in consideration 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 Minister of Science, ICT and Future Planning may, in consideration of size and quality of universal service, level of price and thetechnical capability of a telecommunications business operator, designate a telecommunications business operator through the method and procedure prescribed by the Enforcement Decree. 

(5) Under the method and procedure prescribed by the Enforcement Decree, the Minister of Science, ICT and Future Planning may have atelecommunications business operator bear compensation for losses incurred in the course of providing universal service based on the total sales. 

Article 4-2 (Telecommunications Relay Services for the Disabled Persons) 

(1) Anyperson who shall provide relay services using telecommunications facilities under Article 21 (4) of the Act on the Prohibition of Discrimination of Disabled Persons, Remedy against Infringement of Their Rights, etc. (hereinafter referred to asthe “telecommunications relay services”) may provide the telecommunications relay services directly or by entrusting to an operating institution designated by the Minister of Science, ICT and Future Planning. 

(2) Any person who shall provide the telecommunications relay services shall submit the plan for the provision of telecommunications relayservices of each fiscal year to the Minister of Science, ICT and Future Planning within one (1) month after the commencement of each fiscal year. 

 
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(3) Any person who is or was engaged in the telecommunications relay services shall notdisclose other’s secrets which have been known to him in the course of performing his duties. 

(4) The Minister ofScience, ICT and Future Planning may provide financial, technical and other necessary assistance to any person who falls under any of the following subparagraphs: 

1. A key communications business operator which provides the telecommunications relay services directly or by entrusting to others; or 

2. A person who provides the telecommunications relay services by entrustment. 

(5) Details on criteria, procedures and method of designating the operating institution under paragraph (1) shall be determined andannounced by the Minister of Science, ICT and Future Planning. 

CHAPTER II. TELECOMMUNICATIONS BUSINESS 

SECTION 1 General Provisions 

Article 5(Classification, etc. of Telecommunications Business) 

(1) The telecommunications businesses shall be classified into a keycommunications business, a specific communications business and a value-added communications business. 

(2) The keycommunications business shall be the business to install telecommunication line facilities, and thereby provide the key telecommunication service by making use of telecommunication line facilities. 

(3) The specific communications business shall correspond to one of the following subparagraphs: 

1. Business which provides a key communications service by making use of telecommunication line facilities, etc. of a person who hasobtained a license for key communications business under Article 6 (hereinafter referred to as a “key communications business operator”); and 

2. Business which installs the telecommunications facilities in the premises as determined by the 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-added communication services.

SECTION 2 Key Communications Business 

Article 6 (License etc. of Key Communications Business Operator) 

(1) A person whointends to run a key communications business shall obtain a license from the Minister of Science, ICT and Future Planning. 

(2)The Minister of Science, ICT and Future Planning 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 communications service plan; 

2. technical capability necessary for implementing the key communications service plan; 

3. adequacy of plans for a user protection; and 

4. other matters relevant to capacity for providing stable key communications services as determined under the Enforcement Decree of the Act. 

(3) The Minister of Science, ICT and Future Planning shall set forth the detailed examination criteria by examining item under paragraph(2), period for license and outline of application for license, and make a public announcement thereof. 

(4) The Minister ofScience, ICT and Future Planning may, in case where it grants a license for key communications business under paragraph (1), attach the conditions necessary for the promotion of fair 

 
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competition, protection of users, improvement of service quality and efficient employment of resources 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 ajuristic person. 

(6) Procedures for a license under paragraph (1) and other necessary matters shall be determined by theEnforcement Decree. 

Article 7 (Reasons for Disqualification for License) 

Persons falling under each of the following subparagraphs shall not be entitled to obtain the license for a key communications business asreferred to in Article 6: 

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 the restrictions 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 class stocks under Article 344-3 (1) of the CommercialAct, and including the stock equivalents with voting rights, such as stock depositary receipts, etc. and investment equities; hereinafter the same shall apply) shall not be owned in excess of 49/100 of the gross number of issued stocks, when addingup all of those owned by the foreign governments or foreigners. 

(2) A corporation whose largest stockholder (hereinafterreferred to as the “largest stockholder “) under Article 9(1)1 of the Financial Investment Services and Capital Markets Act is a foreign government or a foreigner (including, throughout this Act, a specially-related person under Article9(1)1 of the Financial Investment Services and Capital Markets Act) and owns not less than 15/100 of the gross number of its issued stocks (hereinafter referred to as the “fictitious corporation of foreigners”) shall be regarded as aforeigner. 

(3) A corporation that falls under any of the following subparagraphs shall not be regarded as a foreigner even ifit is equipped with the requirements as referred to in paragraph (2), except for a foreigner referred to in Articles 10 (1) 3 and 86 (3): 

1. A corporation which owns less than 1/100 of the gross number of stocks issued by a key communications business operator; or 

2. A corporation whose largest stockholder is a foreign government or a foreigner of a counterparty country to free trade agreements determined and announced by the Minister of Science, ICT and FuturePlanning out of those free trade agreements executed, bilaterally or multilaterally, between or among the Republic of Korea and a foreign country(s) and owns not less than 15/100 of the gross number of its issued stocks, and which is determined bythe Minister of Science, ICT and Future Planning after the examination of the corporation from the perspective of public interest nature under Article 10 that there exists no danger of impeding the public interests. 

Article 9 (Grounds for Disqualifying Officers) 

(1) Any person falling under each of the following subparagraphs shall be disqualified to serve as an officer of any key communications business operator: 

1. A minor, an adult ward or a limited ward; 

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 heavier punishment on charges of violating this Act, the Framework Act on Telecommunications, the Radio Waves Act or the Act on Promotion of Information and CommunicationsNetwork Utilization and Information Protection (excluding matters not directly 

 
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related to telecommunication business, hereinafter “this Act, etc.”), and for whom three years have yet to pass from the date on which the execution of the sentence is terminated(including a case where the execution of the sentence is deemed 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 of the imprisonment without prison labor or aheavier punishment on charges of violating this Act, etc.; 

5. A person who has been sentenced to a fine on charges ofviolating this Act, etc. and for whom one years have yet to pass from the date of such sentence; and 

6. A person who has beensubject to a disposition taken to revoke all or part of his permission in accordance with Article 20 (1), a disposition taken to revoke all or part of his registration 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 to pass from the date of such disposition or order. In the case of a corporation, the person refers to the person who commits the act ofcausing the disposition to revoke permission, the disposition to revoke 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) or is 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 tohis resignation under paragraph (2) shall not lose its legal efficacy. 

Article 10 (Examination of Public Interest Nature of StockAcquisition, etc. by Key Communications Business Operator) 

(1) The Public Interest Nature Examination Committee (hereinafterreferred to as the “Committee”) shall be established in the Ministry of Science, ICT and Future Planning in order to make an examination regarding whether or not what falls under each of the following subparagraphs impedes the publicinterests as prescribed by the Enforcement Decree (hereinafter referred to as the “examination of public interest nature”), such as the national safety guarantee and maintenance of public peace and order, etc: 

1. Where the principal comes to own not less than 15/100 of the gross number of stocks issued by a key communications business operator,when adding up those owned by the specially-related person 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 communications business operator concludes an agreement forimportant management matters as prescribed by the Enforcement Decree, such as the appointment and dismissal of executives and the transfer or takeover, etc. of business of the relevant key communications business operator, with a foreign governmentor a foreigner; and 

4. Other cases as prescribed by the Enforcement Decree, where there exists a change in the persons whohave de facto management rights of a key communications business operator. 

(2) Where a key communications business operator orany stockholder of a key communications business operator comes to fall under each of subparagraphs of paragraph (1), he shall file a report thereon with the Minister of Science, ICT and Future Planning within thirty days from the time when such afact took place. 

(3) Where a key communications business operator or any stockholder of a key communications business operatoris to come to fall under each of subparagraphs of paragraph (1), he may, prior to the said situation, request the Minister of Science, ICT and Future Planning to make an examination as referred to in paragraph (1). 

(4) Where the Minister of Science, ICT and Future Planning has received a report as referred to in paragraph (2) or a request forexamination as referred to in paragraph (3), it shall refer it to the Committee. 

(5) Where the Minister of Science, ICT andFuture Planning judges that there exists a danger of impeding the public interests by the cases falling under each of subparagraphs of paragraph (1) in view of the result of 

 
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examination as referred to in paragraph (1), it may order the alteration of agreement detail and suspension of its implementation, the suspension of exercise of voting rights, or the sale ofrelevant stocks. 

(6) The report as referred to in paragraph (2) or (3), or the scope of key communications businessoperators to be examined of public interest nature shall be as follows: 

1. A key communications business operator whichoperates and manages important communications under Article 92 (2) 3; 

2. A key communications business operator whichowns an artificial satellite for which a space station has been established under Article 20-2 (3) of the Radio Waves Act and subparagraph 30 of Article 29 of the Enforcement Decree thereof; 

3. A key communications business operator which has been designated and announced by the Minister of Science, ICT and Future Planning asthe key communications business operator falling under Articles 35 (2) 1 and 3, 39 (3), 41 (3) and 42 (3); 

4. A keycommunications business operator which provides telecommunication services using frequencies assigned under the Radio Waves Act; provided that the key communications business operator whose turnover of telecommunication service for the immediatelypreceding year is less than the amount determined by the Enforcement Decree hereof taking into consideration the market situation, market share, etc. shall be excluded; and 

5. A key communications business operator whose turnover exceeds the amount announced by the Minister of Science, ICT and Future Planning taking into consideration the market situation, market share,etc., out of those key communications business operators whose turnover of telecommunication service for the immediately preceding year is 30 billion won or more. 

(7) The procedures for reports and examinations of public interest nature under the above paragraph (2) or (3) and other necessary matters shall be stipulated by the Enforcement 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 fifteen members including one Chairman. <Amended by ActNo. 12035, August 13, 2013> 

(2) The Chairman of the Committee shall be one of the Vice Ministers of Science,ICT and Future Planning designated by the Minister of Science, ICT and Future Planning, and the members shall be the persons commissioned by the Chairman from among the public officials ranking Grade III or higher grade of related centraladministrative agencies or public officials who belong to senior executive service as specified by the Enforcement Decree of the Act, and falling under each of the following subparagraphs: <Amended by Act No. 11690, March 23,2013> 

1. Persons having profound knowledge and experiences in the information and communications; 

2. Persons recommended by the Government-contributed research institutes relating to the national safety guarantee and maintenance ofpublic peace and order; 

3. Persons recommended by the nonprofit non-governmental organizations as referred to in Article 2 ofthe 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 interest nature, or request theinterested parties or the reference witnesses to provide the data. In such case, the relevant interested parties or the reference witnesses shall comply with it unless they have any justifiable reasons. 

(4) Where the Committee deems it necessary, it may have the interested parties or the reference witnesses attend the Committee, and heartheir opinions. In such case, the relevant interested parties or the reference witnesses shall comply with it unless they have any justifiable reasons. 

(5) Matters necessary for the organization or operation, etc. of the Committee shall be prescribed by the Enforcement Decree. 

 
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Article 12 (Restrictions, etc. on Stockholders of Excessive Possession) 

(1) Where a foreign government or a foreigner has acquired the stocks in contravention of the provisions of Article 8 (1), no votingrights shall be exercised for the stocks under the said excessive possession. 

(2) The Minister of Science, ICT and FuturePlanning may order the stockholder who has acquired stocks in contravention of the provisions of Article 8 (1), a key communications business operator wherein exists the said stockholder, or the stock-holder of the fictitious corporation offoreigners, to make 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 make corrections in the relevant matters within the specified period. 

(4) With regard to the stockholder in contravention of the provisions of Article 8 (1), a key communications business operator may refuse any renewals for the excessive portion in the register ofstockholders 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), 12 (2) or 18 (8)(hereinafter referred toas the “corrective orders”) and has failed to comply with them within the specified period, the Minister of Science, ICT and Future Planning may levy the charge for compelling the execution. In such case, the charge for compelling theexecution leviable per day shall be not more than 3/1,000 of purchase prices of relevant possessed stocks, but in the case not related with the 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 in paragraph (1) shall be from the daynext to the date of expiration of the period set in the corrective orders to the date of implementing the corrective orders. In such case, a levy of the charge 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 exists a special reason. 

(3)Provisions of Article 53 (5) shall apply mutatis mutandis to the collection of the charge for compelling the execution. 

(4) Matters necessary for the levy, payment, refund, etc. of the charge for compelling the execution shall be prescribed by theEnforcement Decree. 

Article 14 (Issuance of Stocks) 

A key communications business operator shall, in a case of an issuance of stocks, issue the registered ones. 

Article 15 (Obligation of Commencing Business) 

(1) A key communications businessoperator shall install telecommunications facilities and commence business within the period as fixed by the Minister of Science, ICT and Future Planning. 

(2) The Minister of Science, ICT and Future Planning may, in case where the said business operator is unable 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 key communications business operator. 

Article 16(Modification of License) 

(1) Where a key communications business operator intends to modify the important matters prescribedby the Enforcement Decree from among the matters licensed under Article 6, he shall obtain a modified license from the Minister of Science, ICT and Future Planning, under the conditions as prescribed by the Enforcement Decree. 

(2) The provisions of Articles 6 (4) and Article 15 shall be applicable mutatis mutandis to a modified license for change underparagraph (1). 

 
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Article 17 (Concurrent Operation of Business) 

(1) A key communications business operator shall, in case where he intends to run any of the businesses set forth in the followingsubparagraphs, obtain approval from the Minister of Science, ICT and Future Planning; provided that this provision shall not apply to any key communications business operator 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 Information and 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 Minister of Science,ICT and Future Planning shall grant approval under paragraph (1), in case where deemed that a key communications business operator is not likely to cause any impediments to the operation of telecommunications service by running a business underparagraph (1), and that it is required for the development of telecommunications. 

Article 18 (Takeover of Business and Merger of JuristicPersons etc.) 

(1) A person who belongs to any one of the categories set forth in the following paragraphs shall obtain anauthorization from the Minister of Science, ICT and Future Planning under the conditions as prescribed by the Enforcement Decree; provided, notwithstanding subparagraph 3 below, that in case that person sells telecommunications circuit installationsexcept the ones prescribed by the Enforcement Decree, he shall report it to the Minister of Science, ICT and Future Planning under the conditions as determined by the Enforcement Decree: 

1. a person who takes or intends to take over the whole or part of a key communications business; 

2. a person who intends to merge with a juristic person which is a key communications business operator; 

3. a key communications business operator intending to sell the telecommunications circuit installations necessary for provision of keycommunications service; 

4. a person who, along with a certain related person intends to become the [largest shareholder of akey communications business operator or own 15% of more of the issued shares of the key communications business operator; 

5. aperson seeking to acquire control over a key communications business operator by acquiring shares or entering into an agreement, as specified by the Enforcement Decree of the Act; or 

6. a key communications business operator seeking to establish a company to provide part of the key communications services provided underauthorization through such company. 

(2) The Minister of Science, ICT and Future Planning shall, in case where it intends togrant authorization under paragraph (1), comprehensively examine the matters falling under each of the following subparagraphs: 

1. Appropriateness of financial and technical capability and business operational capability; 

2. Appropriateness of management of resources for information and communications, such as frequencies 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. 

5. Impact on public interests, such as the use of telecommunications facilities and communication networks, efficiency of research and development and international competitive power of the communicationsindustry, etc. 

(3) Matters necessary for the detailed examination standards by examination items and the examinationprocedures, etc. under paragraph (2) shall be fixed and publicly announced by the Minister of Science, ICT and Future Planning. 

 
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(4) A person falling under any of the following shall succeed to the telecommunicationlicensee status of the key communications business operator: 

1. A person who has taken over the business of a keycommunications business operator by obtaining an authorization under paragraph (1) 

2. a juristic person surviving a merger orthat established by a merger, or that established by obtaining an authorization under paragraph (2) 

3. a company incorporatedto provide part of key communications services with the approval under paragraph (1)6 

(5) The Minister of Science, ICT andFuture Planning may, in case where it grants authorization or authorization under paragraph (1), attach conditions under Article 6(4). 

(6) The Minister of Science, ICT and Future Planning shall, in case where it intends to grant an authorization under paragraph (1), go through a consultation with the Fair Trade Commission. 

(7) In regard to the criteria for rejection of authorization in paragraph (1), Article 7 shall be applicable *mutatis mutandis.*

(8) In the event any person/entity subject to Article 1(4) or (5) fails to acquire the permit pursuant thereto, theMinister of Science, ICT and Future Planning may order suspension of its voting right or sale of the applicable shares, and if the conditions attached under paragraph (5) are not carried out, may order such performance within a specific timeframe. 

(9) A person seeking authorization under paragraph (1) shall not do each of the following prior to obtaining suchauthorization: 

1. unify communications networks, 

2. appoint officers, 

3. transferring, consolidating, entering into contractconcerning 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 the examination of public interest nature, theperson may submit the documents required for the examination of public interest nature at the same time when the person applies for the authorization 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 or discontinue the whole or part of a key communications business run by him, as specified by the Enforcement Decreeof the Act notify the users at least 60 days prior to the date of termination and obtain approval of such suspension or discontinuation from the Minister of Science, ICT and Future Planning. 

(2) In the event separate measures of protection is deemed to be necessary for the protection of users upon suspension or discontinuanceof the relevant key communications business, the Minister of Science, ICT and Future Planning may order such measures (including assistance for membership change, bearing expenses, termination of membership) to be taken. 

(3) The Minister of Science, ICT and Future Planning shall, in case where an application for approval or authorization under paragraph(1) is made, and where deemed that suspension, discontinuance of relevant 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 Minister of Science, ICT and Future Planning may, in case where a key communications business operator falls under any one of thefollowing subparagraphs, cancel whole or part of the relevant license or give an order to suspend the whole or part of business with fixing a period of no more than one year; provided that the license shall be cancelled entirely or partially ifparagraph 1 is applicable: 

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 case of obtaining an extension of the periodunder Article 15 (2), the extended period); 

5. Where he has failed to comply with the standardized terms and conditions, thatis authorized or reported under Article 28 (1) and (2); and 

6. Where he fails to comply with an order for correctionunder Article 52 (1) or Article 92 (1) without any justifiable reasons. 

(2) Criteria and procedures for thedispositions under paragraph (1) and other necessary matters shall be determined by the Enforcement Decree. 

SECTION 3 SpecificCommunications Business and Value-Added Communications Business 

Article 21 (Registration of Specific Communications Business Operator)

(1) A person who intends to operate a specific communications service shall register the following matters with the Ministerof Science, ICT and Future Planning (including registration through information network) under the conditions as determined by the Enforcement Decree: 

1. Financial and technical capability; 

2. Plans for a user protection; and

3. Business plans, etc. and other matters as determined by the Enforcement Decree. 

(2) The Minister of Science, ICT and Future Planning may, upon receipt of the registration of a specific communications business underparagraph (1), attach the conditions necessary for the promotion of fair competition, protection of users, improvement of service quality and efficient employment of resources for information and communication. 

(3) A person subject to the registration of specific communications business under paragraph (1) shall be limited to a juristicperson. 

(4) A person who registered his specific communications business under paragraph (1) (hereinafter referred to asa “specific communications business operator”) shall commence operation within 1 year from the registration date. 

(5) Procedures and requirements for the registration under paragraph (1) and other necessary matters shall be determined by theEnforcement 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 the Minister of Science, ICT and Future Planning(including reports via information network), according to the requirements and procedures as prescribed by the Enforcement Decree; provided that this shall not apply to a case where the size of capital, etc. is a small value-added communicationbusiness matching the criteria prescribed by the Enforcement Decree. 

 
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(2) Notwithstanding the provisions of paragraph (1), a person who intends to operate aspecial type of value-added communications business shall register such business with the Minister of Science, ICT and Future Planning (including registration through information network) after satisfying the following requirements: 

1. a plan for implementing technical measures in order to perform the provisions of Articles 42, 42-2, 42-3, 45 of the Act on Promotion ofInformation and Communications Network Utilization and Information Protection, Etc. and Article 104 of the Copyright Act; 

2.personnel and physical facilities necessary for providing services; 

3. financial soundness; and 

4. any other matters as prescribed by the Enforcement Decree such as a business plan. 

(3) Upon receipt of the registration of a value-added communications business pursuant to paragraph (2), the Minister of Science, ICT andFuture Planning may set conditions necessary to implement the plan referred to in subparagraph 1 of paragraph (2). 

(4) When akey communications business operator seeks to operate value-added communication services, such value-added communication services are deemed to have been reported. 

(5) A person who reported a value-added communications business under the first part of paragraph (1) or a person who registered such business under paragraph (2) shall commence operation within1 year from the reporting date or registration date respectively. 

(6) Procedures and requirements for the report under thefirst part of paragraph (1) and the registration under paragraph (2), and other necessary matters shall be determined by the Enforcement Decree. 

Article 22-2 (Reasons for Disqualification for Registration) 

An individual, ajuristic person for whom three years have yet to pass from the date on which the registration of his/its business is canceled pursuant to Article 27(2), or the major shareholder of such juristic person at the time of such cancellation (an investoras prescribed by the Enforcement Decree) may not make a registration under Article 22(2). 

Article 23 (Modification of Registered or ReportedMatters) 

Specific communications business operator, a person who has made a report of a value-added communications businessoperator under the earlier part of Article 22(1), or a person who has made a registration of a value-added communications business under Article 22(2) shall, when he intends to modify the matters as determined by the Enforcement Decree from amongthe relevant registered or reported matters, make in advance a modified registration or modified report (including modified registration or modified report through information network) to the Minister of Science, ICT and Future Planning under theconditions 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 specific communications business or a value-addedcommunications business, or a merger or succession of a juristic person which is a specific communications business operator or a value-added communications business operator (a person who has reported value-added communications services pursuant tothe first part of Article 22(1), a person who has made a registration of a value-added communications business under Article 22(2) or is deemed to have made such reporting under the latter part of paragraph (1) of the same Article or paragraph(4) of the same Article, hereinafter refer to the same), each of the following persons shall make the report thereon (including reports through information network) to the Minister of Science, ICT and Future Planning, according to therequirements and procedures 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 question. 

 
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Article 25 (Succession of Business) 

In case where there has existed a transfer or takeover of a specific communications business or a value-added communications business, a merger of a juristic person which is a specific communicationsbusiness or a value-added communications business operator, or a succession of a value-added communications business, under Article 24, each of the following persons shall succeed to the status of a former specific communications business operatoror a value-added 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; or 

3. a successor to the business. 

Article 26 (Suspension or Closedown, etc. of Business) 

(1) A specific communications business operator or a value-added communications business operator shall, in case where he intends to suspend or close down the whole or part of his business, in a mannerdetermined in the Enforcement Decree of the Act, notify the relevant contents to the users of relevant services, and report thereon to the Minister of Science, ICT and Future Planning (including reports through information network) not later thanthirty days prior to the slated date of the relevant suspension or closedown. In this case, the business shall not be continually suspended for more than 1 year. 

(2) Where a juristic person which is a specific communications business operator or a value-added communications business operator is dissolved for reasons other than a merger, a relevant liquidator(referred to a trustee in a bankruptcy, when it is dissolved by bankruptcy) shall report thereon without delay to the Minister of Science, ICT and Future Planning (including reports through information network). 

Article 27 (Cancellation of Registration and Order for Closedown of Business) 

(1) The Minister of Science, ICT and Future Planning may, when a specific communications business operator falls 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 subparagraph 1, the Minister of Science, ICT and Future Planning shall cancel whole or part of his registration:

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 registration was made under Article 21 (4), or inviolation of the latter part of Article 26(1) continually suspends business operation for not less than one year; or 

4. Wherehe fails to comply with an order under Article 52 (1) or an order for correction Article 92 (1) without any justifiable reasons. 

(2) The Minister of Science, ICT and Future Planning may, when a value added communications business operator falls under any of the following subparagraphs, issue an order to him for a closedown of thewhole or part of business (in case of a special type of value-added communications business operator, for a cancellation of the whole or part of business) or for a suspension of the whole or part of business by specifying a period of not more thanone year; provided that when he falls under subparagraph 1,, the said Minister shall issue an order to him for a closedown of whole or part of business: 

1. Where he makes a report or registration by deceit and other illegal means; 

2.Where he fails to implement the conditions under Article 22(3); 

3. Where he fails to commence the business within one yearfrom the reporting date or registration date under Article 22(5), or in violation of the latter part of Article 26(1) suspend the business operation for not less than one year; 

 
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4. Where he fails to comply with an order under Article 52 (1) or a correction orderunder Article 92 (1) without any justifiable reasons; 

5. Where he fails to comply with an order to take correctivemeasures under Article 64(4) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. without any justifiable reasons; or 

6. Where he who has been punished by a fine for negligence pursuant to Article 142(1) and Article 142(2)3 of the Copyright Act more than 3 times is subject to a fine for negligence again and such an orderis requested by the Minister of Culture, Sports and Tourism after the Korea Copyright Commission’s deliberation pursuant to Article 112 of the same Act. 

(3) Criteria and procedures for dispositions taken under paragraph (1) or (2) and other necessary matters shall be determined by the Enforcement Decree of the Act. 

CHAPTER III. TELECOMMUNICATIONS SERVICE 

Article 28 (Report, etc. of Standardized Terms and Conditions) 

(1) A key communications business operator shall set forth the fees and other terms for use by service with respect to the telecommunications service which he intends to provide (hereinafter referred toas the “standardized terms and conditions”), and report thereon (including a modified report, hereinafter refer to the same) to the Minister of Science, ICT and Future Planning. 

(2) Notwithstanding paragraph (1), in a case of a key communications service of key communications business operator whose size ofbusiness and market share correspond to the standards as determined by the Enforcement Decree, it shall obtain an authorization of the Minister of Science, ICT and Future Planning (including a modified authorization, hereinafter refer to the same),provided that, any decrease in the service-specific charges included the approved standard terms and conditions of usage shall be reported to the Minister of Science, ICT and Future Planning. 

(3) In regard to the main body of paragraph (2), the Minister of Science, ICT and Future Planning shall authorize the standardized termsand conditions, if it falls under the criteria of every following subparagraph: 

1. Fees for telecommunications service shallbe reasonably calculated considering but not limited to costs of supply, profits, classification of costs/ profits by labor, cost savings achieved by methods of provision of labor, and effects on fair competitive environments; 

2. Matters concerning the responsibility of key communications business operators and relevant users, cost-sharing methods concerning theinstallation work of telecommunications facilities and other works shall not be unreasonably disadvantageous to users; 

3.Forms of use of telecommunication line facilities by other telecommunications business operators 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 into consideration 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 report with 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 actual expense). In case of business change, a table comparing the old (before change) and new (after change) supporting data should be submitted to the Minister ofScience, ICT and Future Planning for comparison. 

(5) Details necessary and not otherwise specified in paragraphs(1) through (4) in regard to the scope of and procedures of reporting and authorization shall be specified under the Enforcement Decree of the Act. 

 
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Article 29 (Reduction or Exemption of Fees) 

A key communications business operator may reduce or exempt the fees for telecommunications service under the conditions prescribed by theEnforcement Decree, such as national security guarantee, disaster relief, social welfare and public interest. 

Article 30 (Restriction on Useby Others) 

No person shall intermediate other’s communications or provide for other’s communications by making useof telecommunications services provided by a telecommunications business operator; provided that the same shall not apply to the case falling under any of the following subparagraphs: 

1. Where it is needed to ensure the prevention and rescue from disaster, traffic and communication, and the supply of electricity, and tomaintain order in a national emergency situation; 

2. Where telecommunications services are incidentally rendered to clientswhile running a business other than the telecommunications business; 

3. Where it is allowed to use on a trial basis for thepurpose of developing and marketing telecommunications facilities, such as terminal devices, etc. which enable to use the telecommunications services; 

4. Where any user permits any third party to use to the extent that the latter does not use repeatedly; and 

5. Where it is necessary for the public interests or where the business run by any 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 relay cable broadcasting business operator under the Broadcasting Act may provide the transmission or lineequipment or the cable broadcasting equipment possessed under the methods prescribed by the Enforcement Decree to the key communications business operators. 

(2) The composite cable TV business operator, transmission network business operator, or relay cable broadcasting business operator under the Broadcasting Act shall, when he intends to provide value-addedcommunications services by making use of the transmission or line equipment or cable broadcasting equipment, make a report thereon to the Minister of Science, ICT and Future Planning pursuant to Article 22 (1). 

(3) The provisions of Articles 35 through 55 shall be applicable mutatis mutandis to the transmission or line equipment or cablebroadcasting facilities under paragraph (1). 

(4) The provisions of Articles 28 (2) through (7) of the Framework Acton Telecommunications shall be applicable mutatis mutandis to the offer of services under paragraph (2). 

Article 32 (Protection ofUsers) 

(1) A telecommunications business operator shall take a prompt measure on the reasonable opinions or dissatisfactionsraised by the users with respect to the telecommunications service. In this case, if it is difficult to take a prompt measure, he shall notify the users of the reasons thereof and the schedule for measures. 

(2) Compensations for the damages incurred by the occurrence of reasons causing the opinions or dissatisfactions under paragraph(1) and by the delay of relevant measures shall be made pursuant to Article 33. 

(3) A telecommunications businessoperator providing key communications services shall subscribe a guarantee insurance with the person designated by the Minister of Science, ICT and Future Planning as beneficiary in an amount determined in accordance with the criteria specifiedunder the Enforcement Decree of the Act and not exceeding the aggregate prepaid phone service charges to be received prior to providing prepaid phone services to be able to compensate losses to users arising from not being able to provide servicesafter receiving service charges in advance; provided that the foregoing requirement may be waived in the case specified under the Enforcement Decree of the Act where such telecommunications business operator’s financial capacity and servicescharges are taken in consideration. 

 
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(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 received services after paying services charges in advance. 

(5) Details necessary in regard to the subscription, renewal and distribution of insurance proceeds under paragraph (3) and (4) shall be specified in the Enforcement Decree of the Act.

Article 32-2 (Notice of Excess of Maximum Limit of Fees) 

(1) A telecommunications business operator utilizing frequencies assigned under the Radio Waves Act shall notify the users of any of the following facts when it occurs: 

1. When a user exceeds the maximum limit of telecommunications service fees initially committed by the user; or 

2. When any fees incurred from using international telecommunications services such as international call are charged to a user.

(2) Any matters necessary for users subject to notice or method of notice under paragraph (1) shall be determined andpublicly announced by the Minister of Science, ICT and Future Planning. 

Article 32-3 (Restrictions on Provision of TelecommunicationsServices) 

(1) For the purpose of protecting users from illegal acts using telecommunications services, such as illegal creditservice advertisements, the Minister of Science, ICT and Future Planning may order a telecommunications business operator to suspend provision of telecommunications services to the relevant telecommunications numbers used for illegal acts uponrequest by the head of the relevant administrative agency under Act on Registration of Credit Business, Etc. and Protection of Finance Users. 

(2) A telecommunications business operator who receives an order from the Minister of Science, ICT and Future Planning under paragraph (1) shall comply with such order and shall, in such cases, senda notice before suspending telecommunications services, to the user of relevant telecommunications services specifying the administrative agency requesting the suspension of the telecommunications services, reason(s) for such request and proceduresfor filing a formal objection thereto. 

(3) Matters necessary for the notice methods etc. regarding procedures for filing aformal objection pursuant to paragraph (2) shall be prescribed by Presidential Decree. 

Article 33 (Compensation for Damages) 

A telecommunications business operator shall make compensations when he inflicts any damages on the users in the course of providingtelecommunications services; provided that if such damages are the results of force majeure, or of intent or negligence of the users, the relevant liability for compensations shall be reduced or exempted. 

CHAPTER IV. PROMOTION OF COMPETITION AMONG THE TELECOMMUNICATIONS BUSINESS 

Article 34 (Promotion of Competition) 

(1) The Minister of Science, ICT and FuturePlanning shall exert efforts to construct an efficient competition system and to promote fair competitive environments, in the telecommunications services. 

(2) The Minister of Science, ICT and Future Planning shall conduct annual evaluation of competition system with respect to key communications business in order to construct an efficient competition systemand to promote fair competition in the telecommunication services industry pursuant to paragraph (1) above. 

(3) Thespecific evaluation standards, procedure and method for evaluating competition system under paragraph (2) above shall be prescribed by the Enforcement Decree. 

 
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Article 35 (Provision of Facilities, etc.) 

(1) A key communications business operator or an institution constructing, operating and managing road, railroad, subway, watersupply/sewage, electric poles, cables, telecommunications line facilities (“facility management institution”) may, upon receipt of a request for the provision of conduit line, common duct, electric poles, cables, operation sites and otherfacilities (including telecommunications 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 subparagraphs shall, upon receipt of a request underparagraph (1), provide the facilities, etc. by concluding an agreement, notwithstanding the provisions of paragraph (1); provided that the foregoing is not applicable in case there is a usage plan, etc. of the facility management institution:

1. A key communications business operator who possesses the equipment indispensable for other telecommunications businessoperators in providing the telecommunications services; and 

2. Each of the following facility management institutions owningconduit line, common duct, electric pole, cable and other facilities, etc.: 

A. the Korea Expressway Corporation organizedunder the Korea Highway Corporation Act 

B. the Korea Water Resources Corporation organized under the Korea Water ResourcesCorporation Act 

C. the Korea Electric Power Corporation organized under the Korea Electric Power Corporation Act 

D. the Korea Rail Network Authority organized under the Korea Rail Network Authority Act 

E. local public enterprises under Local Public Enterprise Act 

F. municipalities under Local Autonomy Act 

G. the Regional ConstructionManagement Administration under the Road Act 

3. A key communications business operator whose business scale and market shares,etc. of key communications services are equivalent to the criteria as determined by the Enforcement Decree. 

(3) The Ministerof Science, ICT and Future Planning shall set forth and publicly notify the scope of facilities, etc., the conditions, procedures and methods for the provision of facilities, and the standards for calculation of prices under paragraphs (1) and(2). In this case, the scope of facilities, etc. to be provided under paragraph (2) shall be determined in view of the demand for facilities, etc. by the key communications business operators and facility management institution falling undereach subparagraph of the same paragraph. 

(4) A telecommunications business operator in receipt of provisions of thefacilities, etc. may install the apparatus enhancing the efficiency of the relevant facilities, within the limit necessary for the provision of the licensed telecommunications services. 

(5) For efficient use and management of facilities, etc., the Minister of Science, ICT and Future Planning may request data on facilities,etc., from telecommunications business operators and facility management institutions in a manner specified under the Enforcement Decree of the Act. In this case, the pertinent telecommunications business operator or facility management institutionshall honor such demand unless there are reasonable grounds for not doing so. 

(6) For provision of facilities, etc. underparagraphs (1) and (2), the Minister of Science, ICT and Future Planning may appoint an expert institution. 

(7) Detailsnecessary for appointment and operation guidelines for expert institutions under paragraph (6) shall be determined and announced by the Minister of Science, ICT and Future Planning. 

 
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Article 36 (Joint Utilization of Subscriber’s Lines) 

(1) A key communications business operator shall, in case where other telecommunications business operators as determined and publiclynoticed by the Minister of Science, ICT and Future Planning have made a request for a joint utilization with respect to the lines installed in the section from the exchange facilities directly connected with the users to the users (hereafter in thisArticle, referred to as the “subscriber’s lines”), allow it. 

(2) The Minister of Science, ICT and FuturePlanning shall set forth and publicly notify the scope of joint utilization 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 joint utilization of radio communications facilities (hereinafter referred to as the “joint utilization”) fromother key communications business operators, allow it by concluding an agreement. In this case, the prices for the joint utilization among the key communications business operators as set forth and publicly notified by Minister of Science, ICT andFuture Planning shall be computed and settled accounts by a fair and reasonable means. 

(2) The key communications businessoperators as determined and publicly notified by the Minister of Science, ICT and Future Planning shall, upon receipt of a request for the joint utilization from other key communications business operators as determined and publicly notified by theMinister of Science, ICT and Future Planning, 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 Minister of Science, ICT and Future Planning shall set forth and publicly notify the standard for computing the prices for jointutilization under the latter part of paragraph (1) and its procedures and payment methods, etc., and the scope of joint utilization under paragraph (2), its conditions, procedures and methods, and the computation of prices, etc. 

Article 38 (Wholesale Provision of Telecommunication Services) 

(1) Upon request from other telecommunication business operator, a key communications business operator may enter into an agreement to allow such telecommunication business operator to resell thetelecommunication services it provides to users (“resale”) by providing such services to such other telecommunication business operator or permitting part or all of the telecommunications facilities necessary for such provision oftelecommunication services (“wholesale provision”). 

(2) To encourage competition in the telecommunication industry,the Minister of Science, ICT and Future Planning may, upon request from a telecommunication business operator, designate and announce telecommunication s services (“designated wholesale services”) of a key communications business providerwhich would need to enter into an agreement for wholesale provision (“designated wholesale provider”). In this case, designated wholesale services of the designated wholesale provider shall be selected from telecommunication services ofkey communications business providers satisfying the criteria specified in the Enforcement Decree of the Act which would take into consideration business size and market share. 

(3) After evaluating the competition status of the communications market each year, if the Minister of Science, ICT and Future Planning determines that the competition in the telecommunicationsindustry has increased to the degree where the sufficient wholesale of telecommunications services have been provided or the set criteria are not met, it may withdraw its designation of designated wholesale services of the designated wholesaleprovider. 

(4) The Minister of Science, ICT and Future Planning shall determine and announce the terms and conditions of thewholesale provision when the designated wholesale provider enters into an agreement about the designated wholesale services. In this case, the consideration shall be calculated on the basis of subtracting avoidable costs (costs that the keycommunications business operator can avoid when not providing services directly to users) from retail prices of the designated wholesale services. 

(5) Upon request for wholesale provision from other telecommunications business operator, a key communications business operator shall enter into an agreement within 90 days unless there are specialreasons and 

 
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shall report such agreement to the Minister of Science, ICT and Future Planning in a manner specified in the Enforcement Decree of the Act within 30 days from the execution of such agreement. Thesame applies in the case of a change or abolition of the agreement. 

(6) An agreement under paragraph (5) shall satisfythe criteria announced by the Minister of Science, ICT and Future Planning under paragraph (4). 

Article 39 (Interconnection) 

(1) A telecommunications business operator may allow the interconnection by concluding an agreement, upon a request from othertelecommunications business operators for an interconnection of telecommunications facilities. 

(2) The Minister of Science,ICT and Future Planning shall set forth and publicly notify the scope of interconnections of telecommunications facilities, the conditions, procedures and methods, and the standards for calculation of prices under paragraph (1). 

(3) Notwithstanding the provisions of paragraphs (1) and (2), the key communications business operators falling under any of thefollowing subparagraphs shall allow the interconnection by concluding an agreement, upon receipt of a request under paragraph (1): 

1. A key communications business operator who possesses such facilities as are indispensable for a provision of telecommunications services by other telecommunications business operators; and 

2. A key communications business operator whose business size of key communications services and the ratio of market shares are compatiblewith the standards as determined by the Enforcement Decree. 

Article 40 (Prices of Interconnection) 

(1) Prices for using the interconnection shall be calculated by a fair and proper means and deducted from each other’s accounts. Thedetailed standards for such calculation, their procedures and methods shall be governed by the standards of Article 39 (2). 

(2) A telecommunications business operator may deduct the prices for interconnection from each other’s accounts under the conditionsas prescribed by the standards under Article 39 (2), if he suffers any disadvantages due to the causes of no liability on his part, in the method of interconnection, 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 the telecommunications equipment or facilities byconcluding an agreement, upon receipt of a request from other telecommunications business operators for an access to or a joint use of the telecommunications equipment or facilities such as pipes, cables, poles, or stations of the relevant keycommunications business operator, for the establishment or operation of facilities required for interconnection of telecommunications facilities. 

(2) The Minister of Science, ICT and Future Planning shall set forth, and make a public notice of, the scope, 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 provisionsof paragraph (1), a key communications business operator falling under any of the following subparagraphs shall allow an access to or a joint use of the telecommunications equipment or facilities under paragraph (1) by concluding an agreement,upon a receipt of request under paragraph (1): 

1. A key communications business operator who possesses such facilities as areindispensable for a provision of telecommunications services by other telecommunications business operators; and 

2. A keycommunications business operator whose business size of key communications services and the ratio of market shares are compatible with the standards as determined by the Enforcement Decree. 

 
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Article 42 (Provision of Information) 

(1) A key communications business operator may provide requested information by concluding an agreement, upon a receipt of request fromother telecommunications business operators for a provision of information related to technological information or the user’s personal matters which are required for a provision or wholesale provision of facilities, etc., interconnection, orjoint use, etc. and imposition and collection of fees and a guide to the telecommunications number. 

(2) The Minister ofScience, ICT and Future Planning shall set forth, and make a public notice of, the scope, conditions, procedures and methods for a provision of information, and the standards for computation of prices under paragraph (1). 

(3) Notwithstanding the provisions of paragraph (1), a key communications business operator falling under any of the followingsubparagraphs shall provide the requested information by concluding an agreement, upon a receipt of request under paragraph (1): 

1. A key communications business operator who possesses such facilities as are indispensable for a provision of telecommunicationsservices by other telecommunications business operators; and 

2. A key communications business operator whose business size ofkey communications services and the ratio of market shares are compatible with the standards as determined by the Enforcement Decree. 

(4) A key communications business operator under paragraph (3) shall set forth the technical standards 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 telecommunications facilities, the standards for use and provision, and other standards required for a creation of fair competitive environments, and make a public noticethereof by obtaining approval from the Minister of Science, ICT and Future Planning. 

(5) Upon request from the manufacturer,importer or distributor of communication terminal devices (referring to the terminal devices that may use the telecommunication service utilizing frequencies assigned under the Radio Waves Act; hereinafter the same shall apply), a key communicationsbusiness operator which provides telecommunication services using frequencies assigned under the Radio Waves Act shall provide information on the standards of telecommunication service to such manufacturer, importer or distributor to the extent thatsuch information is necessary for the manufacturing, import, distribution or sales of the communication terminal devices purchased by the users not through the relevant key communications business operator. 

(6) Scope and method of provision of the information referred to in paragraph (5) and other necessary matters shall be prescribed bythe Enforcement Decree. 

Article 43 (Prohibition of Information Diversion) 

(1) A telecommunications business operator shall not divulge any information concerning an individual user which has been obtained due toa provision of his own service, a provision of facilities, etc., wholesale provision, an interconnection or joint use, etc.; provided that the same shall not apply when there exists the consent of the principal or the case under a lawful procedurepursuant to the provisions of the Acts. 

(2) A telecommunications business operator shall use the technological information orpersonal data of users obtained under Article 42(1) and (3) within the context of purposes thereof, and may not use it unjustly, or provide it to the third parties. 

Article 44 (Report, etc. of Agreement on Interconnection, etc.) 

(1) A keycommunications business operator and facility management institution shall conclude an 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 specialreasons and report it to the Minister of Science, ICT and Future Planning in a manner specified in the Enforcement Decree of the Act within 30 days from the execution of such agreement, upon receipt of a request from other telecommunicationsbusiness operators for a provision, a joint utilization, an interconnection or a joint use, etc. of telecommunications facilities, or a provision of information. The same applies in the case of a change or abolition of the agreement. 

 
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(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 receipt of the request, unless there is a specialreason, and the key communications business operator receiving the request shall apply for authorization to the Minister of Science, ICT and Future Planning in a manner specified in the Enforcement Decree of the Act within 30 days from the executionof the Agreement and reveal the contents of the agreement within 30 days from the authorization date. The same 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 publicly notified by the Minister of Science, ICT and Future Planning under Articles 35 (3), 37 (3), 39 (2), 41(2) or 42 (2). 

(4) The Minister of Science, ICT and Future Planning may, if any application for authorization referred to inparagraph (2) needs supplemented, order such application for authorization supplemented for a fixed period. 

(5) Theagreement under Articles 41 (1) and 42 (1) may be concluded by an inclusion in the agreement under Article 39 (1). 

Article 45(Ruling of the Korea Communications Commission) 

(1) A telecommunications business operator or user may request to the KoreaCommunications Commission for an arbitration if they fail to agree on are not able to agree on any of the following: 

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 regardingprovision of facilities, etc. interconnection ,joint use or provision of information, etc. 

4. other disputes concerningtelecommunications business or matters specified as subject to the Korea Communications Commission’s ruling under other bodies of law. 

(2) Upon receipt of the request for an arbitration under paragraph (1), the Korea Communications Commission shall notify the parties of that fact and set a timeline for providing them with a chanceto make their cases, provided that the foregoing is not applicable if a relevant party does not submit to the procedures without any justifiable reason. 

(3) The Korea Communications Commission shall make a ruling within 90 days from the request for arbitration provided that such period may be extended by one additional 90-days upon the resolution ofthe Korea Communications Commission if it is not possible to make a ruling within the original 90-day period for any unavoidable reason. 

(4) If any part to the arbitration files a suit during the arbitration proceeding, the Korea Communications Commission shall suspend the arbitration proceeding and notify the other party of thatfact. The same applies if it is found out that a lawsuit was filed prior to the receipt of request for arbitration. 

(5) Whenit has made a ruling for the request made under paragraph (1), the Korea Communications Commission shall provide such written ruling to the parties without delay. 

(6) Within 60 days from the date on which the originals of written ruling of the Korea Communications Commission were sent to the parties, if no lawsuit regarding the dispute between the parties tothe arbitration has been filed or such lawsuit has been withdrawn or the parties clearly indicate their acceptance of the ruling to the Korea Communications Commission, an agreement equivalent to the contents of the ruling shall be deemed to havebeen 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 may form aseparate commission for each dispute and solicit for outside arbitration. 

 
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Article 47 (Demand for Attendance, Hearing, etc.) 

(1) When necessary for proceeding with the arbitration case, the Korea Communications Commission may on its own motion or upon requestfrom a party take any of the following actions: <Amended by Act No. 12035, August 13, 2014> 

1. demand forattendance of a party or witness and hold a hearing 

2. demand for appraisal to an appraiser 

3. demand for submission of documents or objects relevant for the dispute and provisional seizure of the documents or objects sosubmitted. 

(2) Necessary matters concerning the procedures for the ruling and solicitation of the Korea CommunicationsCommission, in addition to the matters prescribed in paragraph (1) and Articles 45 and 46, shall be determined and announced by the Korea Communications Commission. 

Article 48 (Management Plan for Telecommunications Number) 

(1) The Minister ofScience, ICT and Future Planning shall formulate and enforce the management plan for telecommunications number, in order to make an efficient provision of telecommunications service, and the promotion of user’s convenience and of theenvironments of fair competition among telecommunications business operators. 

(2) The Minister of Science, ICT and FuturePlanning shall, when he has formulated the plans under paragraph (1), make a public notice thereof. This shall also apply to any alterations in the established plan. 
(3)A telecommunications business operator shall observe the matters publicly noticed under paragraph (2). 
Article 49 (Accounting Adjustment) 

(1) A key communications business operator shall adjust the accounting, prepare a business report for the preceding year by the end of within 3 months after the end of each fiscal year, and submit it tothe Minister of Science, ICT and Future Planning, under the conditions as determined by the Enforcement Decree, and keep the related books and authoritative documents. 

(2) The Minister of Science, ICT and Future Planning shall, when it intends to determine the matters of accounting adjustments under paragraph (1), go in advance through a consultation with the Ministerof Strategy and Finance. 

(3) The Minister of Science, ICT and Future Planning may verify contents of any business reportsubmitted by any key communications business operator in accordance with paragraph (1). 

(4) The Minister of Science, ICT andFuture Planning may, if it is necessary to conduct the verification referred to in paragraph (3), order the relevant key communications business operator to submit related material or launch inspection necessary to ascertain the facts. 

(5) The Minister of Science, ICT and Future Planning shall, when it intends to launch inspection in accordance with paragraph (4), notifythe relevant key communications business operator of the plans of such inspection including inspection period, reasons, and contents of the inspection within 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 the authorization therefor and givedocuments indicating his name, stay period and purpose of entrance to related party at the time of his first entrance. 

Article 50 (ProhibitedAct) 

(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 fair competition or users’ interests, or have other telecommunications business operators or the third parties commit such act: 

1. Act of imposing unfair or unreasonable condition or restriction in a provision, a joint utilization, a joint using, an interconnection,a joint use or a wholesale provision of facilities, etc. or a provision of information, etc.; 

 
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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 joint using, an interconnection, a joint use or a wholesale provision of facilities, etc. or a provision of information, etc.; 

3. Act of unfairly diverting the information of other telecommunications business operators to his own business activities, which havebeen known to him in the course of a provision, a joint utilization, 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 prices for a provision, a joint utilization, a jointusing, an interconnection, a joint use or a wholesale provision of facilities, etc. or a provision of information, by unfairly itemizing the expenses or revenues; 

5. Act of rendering the telecommunications services in a manner different from the standardized terms and conditions (the standardized terms and conditions refers to only those of which was reported orapproved as pursuant to the Article 28 (1) and (2)) or act of rendering the telecommunications 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, a joint using, an interconnection, a joint use ora wholesale provision of facilities, etc. or a provision of information, unreasonably high compared to its supply costs 

7. Actof refusing or restricting fair allocation of income in a transaction where telecommunications services using frequencies assigned under the Radio Waves Act are to be used to provide digital contents 

(2) When any person acting on behalf of any telecommunications business operator under a contract therewith in executing contracts betweensuch telecommunications business operator and its users (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 and onlythe provisions of Articles 52 and 53 shall apply to such act; provided that the same shall not apply to a case where the relevant telecommunications business operator has paid reasonable attention to the prevention of such act. 

(3) Necessary matters concerning categories of and standards for the prohibited act referred to in paragraph (1) shall be prescribedby the Enforcement Decree. 

Article 51 (Investigation of Fact) 

(1) In the event the Korea Communications Commission believes that activities in violation of Article 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 officialsbelonging to the Korea Communications Commission to enter into the offices or workplaces of the telecommunications business operators or the workplaces of the persons entrusted with handling of the business of telecommunications business operators(limited, throughout this Article, to telecommunications business operators entrusted with work related to Article 50) and inspect books, documents and other data and objects. 

(3) In the event any investigation is to be conducted pursuant to paragraph (1), the Korea Communications Commission shall notify the relevant telecommunications business operator at least seven(7) days prior to the expected date of investigation with information on the duration, purpose and content of the investigation; provided that this provision may not apply in the event of emergency or if there is risk that the evidence will bedestroyed. 

(4) A person who investigates by visiting the offices or workplaces of the telecommunications business operators,or the workplaces of the persons handling, under an entrustment, the business of telecommunications business operators, under paragraph (2) shall carry a certificate indicating the authority, and present it to the persons concerned. He alsoshould be accompanied by the person of the corresponding offices or workplaces. 

(5) A public official who investigatespursuant to paragraph (2) may order telecommunications business operators or persons entrusted with handling of the business of telecommunications business 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. 

 
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(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 orobject under the custody, that it has no relevance to the current investigation. 

2. The purpose of investigation is fullyaccomplished so that keeping the information or object under its custody is no longer necessary. 

Article 52 (Measures on Prohibited Acts)

(1) The Korea Communications Commission may order any telecommunication business operator to take the measures falling undereach of the following subparagraphs when it is recognized that any act in violation of paragraph (1) of Article 50 has been committed; provided that the Korea Communications Commission hears the opinion of the Minister of Science, ICT andFuture Planning prior to ordering measures under subparagraphs 1 through 5, 8, and 9: 

1. Separation of the supply system oftelecommunications 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 the telecommunications business operators; 

5. Change of the standardized terms and conditions and the articles of incorporation of the telecommunications business operators;

6. Suspension of prohibited acts; 

7. Public announcement of a fact of receiving a correction order due to committing the prohibited acts; 

8. Measures necessary for restoring the violated matters due to the prohibited acts to their original status, such as the removal of telecommunications facilities which have caused the prohibited 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 to cases where the same violation has occurred for3 times or more despite sanctions under subparagraphs 1 through 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 the measures referred to in subparagraphs 1 through 10. 

(2) The telecommunications business operators shall execute any order issued by the Korea Communications Commission under paragraph(1) within the period specified by the Enforcement Decree; provided that the Korea Communications Commission may extend the relevant period only once, 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 CommunicationsCommission shall, before ordering the measures under paragraph (1), notify the parties concerned of the content of relevant measures, and provide them with an opportunity to make a statement within a specified period, and may hear, where deemednecessary, 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 any justifiable reasons. 

(4) In the event five (5) years have passed from the date on which any acts committed in violation of paragraph 1 of Article 50 havebeen terminated, the Korea Communications Commission shall not order any measures pursuant to paragraph 1 or impose a penalty surcharge pursuant to Article 53; provided that this provision shall not apply if any measure or imposition of penaltysurcharge is cancelled by court order and a new measure is to be taken pursuant to that court order. 

 
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Article 53 (Imposition, etc. of Penalty Surcharge on Prohibited Acts) 

(1) The Korea Communications Commission may, in case where there exists any act in violation of paragraph 1 of Article 50, impose apenalty surcharge not exceeding 3/100 of the turnover as prescribed by the Enforcement Decree on the relevant telecommunications business operator. If the telecommunications business operator refuses to submit the data used for calculation of theamount of turnover or submits erroneous data, an estimate of the amount can be assessed based on the financial statement of those who provide similar services in the same industry (accounting documents, number of subscribers, usage fee and businessoperation status); provided that where there is no turnover or it is difficult to calculate the turnover as prescribed by the Enforcement Decree, it may impose the penalty surcharge not exceeding one billion won. 

(2) The Minister of Science, ICT and Future Planning may impose on a key communications business operator that submits a business reportunder Article 49 a find up to 3% of its revenue as determined in a manner 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 submit relevant information 

2. omission of a material item or inclusion of a false statement in a business report under Article 49 

3. failure to adjust the accounting or keep the related books and authoritative documents in violation of Article 49(1) 

(3) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall, in the event of imposing a penalty surcharge under paragraph (1) or (2), take each of the followinginto 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 

4. the amount ofturnover obtained as a result of the prohibited activities or adjustment of the 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 bythe Enforcement Decree. 

(5) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall,where a person liable to pay a penalty surcharge under paragraph (1) or (2) fails to do so by the payment deadline, collect an additional due 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 Minister of Science, ICT and Future Planning or the KoreaCommunications Commission shall, where a person liable to pay a penalty surcharge under paragraph (1) or (2) fails to do so by the payment deadline, demand him to pay it with fixing a period, and if he fails to pay the penalty surchargeand an additional due under paragraph (5) within the fixed period, collect them according to the example of a disposition taken to collect the national taxes in arrears. 

(7) In the event the penalty surcharge imposed under paragraph (1) or (2) is to be returned pursuant 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 under Article 53 against the acts inviolation of paragraph (1) of Article 50, a corrective measure or an imposition of penalty surcharge under the Monopoly Regulation and Fair Trade Act shall not be made under the same grounds against the same acts of the relevant businessoperator. 

 
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Article 55 (Compensation for Damages) 

In case where a correction measure has been taken under Article 52 (1), a person who is damaged by the prohibited act may claim forcompensation against the telecommunications business operator who conducted the prohibited act, and the relevant telecommunications business operator may 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 the telecommunications services he provides. 

(2) The Minister of Science, ICT and Future Planning shall devise the required policy measures, such as an evaluation of quality of thetelecommunications services, in order to improve a quality of telecommunications services and to enhance the conveniences of users. 

(3) The Minister of Science, ICT and Future Planning may order the telecommunications business operator to furnish data necessary for an evaluation of quality of the telecommunications services, etc.under paragraph (2). 

Article 57 (Prior Selection Systems) 

(1) The Minister of Science, ICT and Future Planning shall perform the systems in which the users may select in advance the telecommunications business operator from whom they desire to receive thetelecommunications service (hereinafter referred to as the “prior selection systems”). In this case, the telecommunications service shall refer to the telecommunications service as determined by the Enforcement Decree from among the sametelecommunications service provided by the plural number of telecommunications business operators. <Amended by Act No. 11690, March 23, 2013> 

(2) The telecommunications business operator shall not force the users to select in advance a specified telecommunications business operator, or commit the acts to recommend or induce by unlawful means.

(3) The Minister of Science, ICT and Future Planning may, for the purpose of performing the prior selection systemsefficiently and neutrally, designate the specialized institutes performing the registration or alteration affairs of the prior selection (hereinafter referred to as the “prior selection registration center”). 

(4) The Minister of Science, ICT and Future Planning shall determine and publicly notify the matters necessary for performing the priorselection systems and for the designation of the prior selection registration center and the method of dealing with its affairs, etc. 

Article58 (Mobility of Telecommunication Numbers) 

(1) The Minister of Science, ICT and Future Planning may, in order that the usersare able to maintain their previous telecommunications numbers despite of the changes of the telecommunications business operators, etc., devise and perform the plans for mobility of telecommunications numbers (hereafter in this Article, referred toas the “plans for mobility of numbers”). <Amended by Act No. 11690, March 23, 2013> 

(2) Theplans for mobility of numbers shall contain the contents falling under any of the following subparagraphs: 

1. Kinds ofservices subject to the mobility of telecommunications numbers; 

2. Time for introduction by service subject to the mobility oftelecommunications numbers; and 

3. Matters on sharing the expenses required for the performance of mobility oftelecommunications numbers by telecommunications business operator. 

(3) The Minister of Science, ICT and Future Planning may,in order to perform the plans for mobility of numbers, order the relevant telecommunications business operators to take the necessary measures. 

(4) The Minister of Science, ICT and Future Planning may designate an institution specializing in the work of registration and alteration of the mobility of numbers (hereinafter referred to as the“mobility of numbers management institution”) to efficiently and neutrally implement the mobility of numbers of the telecommunications. 

 
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(5) The Minister of Science, ICT and Future Planning shall prescribe and publish necessarymatters concerning the implementation of the mobility of numbers of the telecommunications, the designation of any mobility of numbers management institution and its work, etc. 

Article 59 (Restrictions, etc. on Mutual Possession of Stocks) 

(1) Where a keycommunications 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 of voting stocks issued by the mutually different key communications businessoperators, shall not be allowed 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 key communications business operator falling under Article 39 (3) 1 or 2 and the key communications business operator established by the said keycommunications business operator by becoming the largest stockholder. 

Article 60 (Provision of Directory Assistance Service) 

(1) The telecommunications business operator shall provide an information service of guiding the general public to the telecommunicationsnumbers of the users by means of voice, booklets or Internet, etc. (hereinafter referred to as the “directory assistance service”) by obtaining a consent of the users; provided that the same shall not apply to the minor business determinedand publicly announced by the Minister of Science, ICT and Future Planning by taking account of the numbers of the users and the turnovers, etc. <Amended by Act No. 11690, March 23, 2013> 

(2) If necessary for the protection of private personal information, the Minister of Science, ICT and Future Planning may limit theprovision of the directory assistance service. 

(3) Matters necessary for a provision of the directory assistance service maybe stipulated by the Enforcement Decree. 

Article 60-2 (Interruption of Using Communication Terminal Devices Reported due to Loss, etc.)

(1) A telecommunications business operator which provides telecommunication services using frequencies assigned under theRadio Waves Act shall share the unique international identification number (hereinafter referred to as the “unique identification number”) of the communication terminal device reported to the telecommunications business operator due tosuch reason as loss, theft, etc. with other telecommunications business operators in order to interrupt the use of such device. 

(2) The Minister of Science, ICT and Future Planning may designate the specialized institutes for an efficient sharing of uniqueidentification numbers. 

(3) If it is necessary to interrupt the use of the communication terminal device which has beenreported to the telecommunications business operator due to such reason as loss, theft, etc., the Minister of Science, ICT and Future Planning may request for cooperation to the head of relevant administrative agencies and public agencies.

(4) Necessary matters for the designation of the specialized institutes referred to in paragraph (2) and treatment ofbusiness shall be prescribed by the Enforcement Decree. 

[This Article Newly Inserted by ActNo. 12035, August 13, 2013] 

Article 60-3 (Prohibition of Damage, etc. to Unique Identification Numbers) 

No one may damage, forge or falsify the unique identification numbers of communication terminal devices in order to disturb theinterruption of using the communication terminal devices reported to the telecommunication business operator due to such reason as loss or theft. 

[This Article Newly Inserted by Act No. 12035, August 13, 2013] 

 
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CHAPTER V. TELECOMUNICATIONS FACILITIES 

Section 1. Commercial Telecommunications Facilities 

Article 61 (Maintenance and Repair ofTelecommunications Facilities) 

For stable provision of its telecommunications services, a telecommunications business operatorshall maintain and repair the telecommunications facilities it provides up to technical specifications specified under the Enforcement Decree of the Act for stable supply of telecommunications. 

Article 62 (Report and Authorization of Telecommunications Facilities Installation) 

(1) When a key communications business operator seeks to install or modify any significant telecommunications facilities, it shall reportit to the Minister of Science, ICT and Future Planning in a manner specified under the Enforcement Decree of the Act; provided that, for the telecommunications facilities installed for the first time for new telecommunication technology, anauthorization from the Minister of Science, ICT and Future Planning shall be obtained in a manner specified in the Enforcement Decree of the Act. <Amended by Act No. 11690, March 23, 2013> (2) The scope of significanttelecommunications facilities under paragraph (1) shall be determined and announced by the Minister of Science, ICT and Future Planning. 

Article 63 (Joint Installation of Telecommunications Facilities) 

(1) A key communications business operator may agree with another key communications business operator to jointly install and use telecommunications facilities. 

(2) When key communications business operators negotiate with each other under paragraph (1), the Minister of Science, ICT and FuturePlanning may conduct a research on necessary information and provide it to them in a manner specified under the Enforcement Decree of the Act. 

(3) For efficient research under paragraph (2), the Minister of Science, ICT and Future Planning may engage an expert institution in the telecommunications area to conduct such research in a mannerspecified under the Enforcement Decree of the Act. 

(4) The Minister of Science, ICT and Future Planning may recommendjoint installation of telecommunications facilities under paragraph (1) to key communications business operators in a manner specified under the 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 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 land or buildings owned by the government, public agencies under the Act on the Management of Public Agencies(“public agencies” in this Article) or another key communications business operator when such use is necessary for joint installation of telecommunications facilities, it may request for help from the Minister of Science, ICT and FuturePlanning on use of such land or building. 

(6) Upon receiving the request for help under paragraph (5), the Minister ofScience, ICT and Future Planning may make a demand to the head of the government entities, municipalities, public agencies or the other key communications business operator for reaching an agreement with the use of relevant land or building with thekey communications business operator making the request for help. in this case, the head of the government entities, municipalities, public agencies or the other key communications business operator shall make such agreement unless there is ajustifiable reason. 

Section 2. PROPRIETARY TELECOMMUNICATIONS FACILITIES 

Article 64 (Installation of Proprietary Telecommunications Facilities) 

(1) Aperson seeking to install proprietary telecommunications facilities shall make a report to the Minister of Science, ICT and Future Planning in a manner specified under the Enforcement Decree of the Act. The same applies when an important aspect ofreporting items as specified under the Enforcement Decree is sought to be modified. <Amended by Act No. 11690, March 23, 2013> 

 
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(2) Notwithstanding paragraph (1), in case of wireless proprietary telecommunicationsfacilities and military telecommunications facilities and others where other bodies of law are applicable, such bodies of law shall be applicable. 

(3) A person who has made a report on installation or modification of proprietary telecommunications facilities under paragraph (1) shall receive confirmation from the Minister of Science, ICTand Future Planning in a manner specified under the Enforcement Decree of the Act when such installation or modification construction is complete and before commencement of its use. 

(4) Notwithstanding paragraph (1), certain proprietary telecommunications facilities specified under the Enforcement Decree of the Act maybe installed without filing a report. 

Article 65 (Restriction on Non-Proprietary Use) 

(1) A person who has installed proprietary telecommunications facilities may not use such facilities to interconnect other’scommunication or operate it outside its installation purposes, provided that the foregoing is not applicable in cases where other bodies of law have special provisions of any of the following is applicable: <Amended by ActNo. 11690, March 23, 2013> 

1.use by a person in law enforcement of disaster rescue industries for lawenforcement or emergency rescue operation 2. use by a specially related person of the installer of proprietary telecommunications facilities as announced by the Minister of Science, ICT and Future Planning 

(2) A person who has installed proprietary telecommunications facilities may provide telecommunications facilities such as conduit line toa key communications business operator in a manner specified under the Enforcement Decree of the Act. 

(3) Articles 35, 44(excluding paragraph (5)) and 45 through 47 shall be applicable in case of provision 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 emergencyhas happened or is likely to happen, the Minister of Science, ICT and Future Planning may order a person who has installed proprietary telecommunications facilities to engage in telecommunications services or other important communications servicesor connect the telecommunications facilities to other telecommunications facilities. In this case, Articles 28 through 32, 33 through 55 shall be applicable. <Amended by Act No. 11690, March 23, 2013; Amended by ActNo. 12035, August 13, 2013> 

(2) When the Minister of Science, ICT and Future Planning deems necessary forthe purposes of paragraph (1), may order a key communications business operator to handle such task. 

(3) The costs ofperforming the task or interconnecting facilities under paragraph (1) shall be borne by the government, provided that when proprietary telecommunications facilities are used for telecommunications services, the key communications businessoperator receiving such service shall 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 by the Act or order underthis Act, the Minister of Science, ICT and Future Planning may order a corrective measure to be carried out within a specific time frame. <Amended by Act No. 11690, March 23, 2013> 

(2) If a person who has installed proprietary telecommunications facilities falls under any of the following, the Minister ofScience, ICT and Future Planning may order a cessation of use for a period not exceeding one year: 

1. failure to carry out thecorrective 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) 

 
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(3) When the Minister of Science, ICT and Future Planning deems that proprietarytelecommunications facilities are interfering with other’s telecommunications or likely to harm other’s telecommunications facilities, it may order the person who installed such facilities to stop using, modify, repair or take othercorrective measures. <Amended by Act No. 11690, Mar. 23, 2013> 

Section 3. INTEGRATED MANAGEMENT OF TELECOMMUNICATIONSFACILITIES, ETC. 

Article 68 (Installation of Common Duct or Conduit Line, etc.) 

(1) A person installing or arranging any of the following (hereinafter referred to as the “facility installer”) shall solicitand reflect an opinion from a key communications business operator about installing a common duct or conduit line for telecommunications facilities, provided that the forgoing obligation does not apply when there is a special reason for not beingable to honor the key communications business operator’s opinion. 

1. road under Article 2(1) of the Road Act 

2. railroad under Article 2(1) of the Railroad Enterprise Act 

3. urban railroad under Article 2(2) of the Urban Railroad Act 

4. industrialcomplex under Article 2(5) of the Industrial Sites and Development Act 

5. free trade zone under Article 2(1) of the Act onDesignation and Management of Free Trade Zone 

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 common duct or conduit line under paragraph(1) shall satisfy the installation requirements for common duct specified under the Enforcement Decree of the Act. 

(3)Articles 35, 44 (excluding paragraph (5)) and 45 through 47 shall be applicable in case of provision of common duct or conduit line installed under paragraph (1). 

(4) When a facility installer is unable to reflect the opinion of key communications business operator under paragraph (1), it shall notify the key communications business operator of the reason for suchinability within 30 days from the receipt of such opinion. 

(5) When a facility installer does not reflect the opinion of keycommunications business under paragraph (1), the key communications business operator may ask for reconciliation from the Minister of Science, ICT and Future Planning. 

(6) When attempting reconciliation upon receipt of the reconciliation request under paragraph (5), the Minister of Science, ICT and Future Planning shall consult with the head of relevantadministrative organization in advance. 

(7) Details necessary for reconciliation under paragraphs (5) and(6) shall be specified under the Enforcement Decree of the Act. 

Article 69 (Installation of Telecommunication: Line Facilities forInternal Routing, etc.) 

(1) A building under Article 2(1)2 of the Building Act shall install telecommunication line facilitiesfor internal routing and set aside a certain area for connection with telecommunication grid facilities. 

(2) Details onthe scope of building, standards for installing telecommunication line facilities and the setting aside of a certain area for connection with telecommunication grid facilities 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 Minister of Science, ICT and Future Planning may allow a key communications business operator designated in accordance withthe criteria and 

 
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procedures specified under the Enforcement Decree of the Act (hereinafter referred to as the “integrated telecommunications operator”) to manage telecommunications facilities installedunder this Act or other bodies of law and the relevant land, building or fixtures (hereinafter referred to as the “telecommunications facilities, etc.”) on an integrated basis. <Amended by Act No. 11690, March 23,2013> 

(2) When the Minister of Science, ICT and Future Planning seeks to allow for integrated management oftelecommunications facilities, etc. under paragraph (1), it shall establish a telecommunications facilities integrated management plan (hereinafter referred to as the “integrated management plan”), consult with the head of relevantadministrative agencies, have it approved by the President after passing the cabinet review. 

(3) An integrated management planshall 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 the Minister of Science, ICT and Future Planning seeks to establish an integrated management plan, it shall consult with theinstallers of the telecommunications facilities, etc. to be integrated in advance. 

Article 71 (Purchase of Telecommunications Facilities,Etc.) 

(1) An integrated telecommunications operator may, when necessary for integrated management of telecommunicationsfacilities, etc., request purchase of the relevant telecommunications, etc. In this case, the owners of the telecommunications facilities may not refuse such request without any justifiable 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 sold to the integrated telecommunications operator notwithstanding Article 27 of the State Properties Act or Article 19 of the Public Property and Commodity Management Act integratedtelecommunications operator. 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 the Acquisition of Land, etc. for Public worksand the Compensation Therefor shall be applicable for the calculation of sales price, sales procedures, payment of sales price, etc. of the telecommunications facilities, other than those directly or publicly owned by the government, purchased by anintegrated telecommunications operator. 

Section 4. Installation and Preservation of Telecommunications Facilities 

Article 72 (Use of Land, etc.) 

(1) A key communications business operator may, when necessary for the installation of line tracks, aerial lines and the appurtenantfacilities to be available for telecommunications service (hereinafter referred to as the “line tracks, etc.”), make use of others’ land, or buildings and structures 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 with owners or possessors of the relevant land, etc. in advance. 

(2) Where a consultation under paragraph (1) is not or cannot be made, a key communications business operator may use the land, etc.owned by others, pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor. 

Article 73 (TemporaryUse of Land, etc.) 

(1) A key communications business operator may, when necessary for the measurement of line tracks, etc. andthe 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 of telecommunications facilities, and land, etc., for thepurposes of the measurement of line tracks, etc. and the installation or preservation works of the telecommunications facilities under paragraph (1). 

 
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(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 the purposes and period of such use: provided, that in case where it is difficult to make a prior notification, a prompt notification shall be madeduring or after its use, and in case where such notification of the purposes and period of such use may not be made due to an obscurity of address and 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 six months. 

(5) A person who temporarily uses the private, national or public telecommunications facilities or the land, etc. under paragraph(1) shall carry the certificate indicating the authority, and present 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 a measurement, examination,etc., for the installation and preservation of his telecommunications facilities; provided that, in case where the place intended for such entry is a residential building, a consent from residents shall be obtained. 

(2) No one may, without any justifiable reason, interfere with the temporary entry of telecommunications facilities, and land, etc., forthe 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 an identification 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 lamplines, electricity lines or private telecommunications facilities, which impede or are likely to impede the installation of line tracks, etc. or telecommunications facilities themselves (hereinafter referred to as the “obstacles, etc.”),for the removal, remodeling, repair and other measures with respect to the relevant obstacles, etc. 

(2) A key communicationsbusiness operator may request the owners or possessors to remove the plants, when they may impede or are likely to impede the installation or maintenance of line tracks, etc. or telecommunications themselves. 

(3) A key communications business operator may, when the owners or possessors of the plants do not comply with the request under paragraph(2) or there exist any other unavoidable reasons, fell or transplant the relevant plants by obtaining permission from the Minister of Science, ICT and Future Planning. In this case, a prompt notification shall be made to the owners orpossessors of the relevant plants. 

(4) The owners or possessors of the obstacles, etc., which impede or are likely to impedethe telecommunications facilities of a key communications business operator, shall make a consultation in advance with the key communications business operator, when they are in need of a new construction, enlargement, improvement, removal oralteration 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 original state, when a use of the land, etc. underArticles 72 and 73 is finished or a need of providing the land, etc. for telecommunications service is gone, and in case where a restoration to the original state 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 case of Article 73 (1), 74 (1) or 75, make a proper compensation to the suffered person. 

 
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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 of the following reasons, it shall consult withthe 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 for adjudications shall be filed with the competent Land Expropriation Commission under the Act on the Acquisitionof Land, etc. for Public Works and the Compensation therefor. 

(3) Except for those as otherwise prescribed by this Act, theprovisions of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall be applied mutatis mutandis to the criteria, methods and procedures regarding a compensation for damages, etc. to the land, etc. underparagraph (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 of telecommunications by impeding the function oftelecommunications facilities by means of having other objects contact them or by any other devices. 

(2) No person shall stainthe telecommunications facilities or damage the measurement marks of the telecommunications facilities by means of throwing objects to the telecommunications facilities or fastening an animal, vessel or a log raft thereto. 

(3) A key communications business operator may, if necessary for the protection of submarine communications cable and their peripheralequipment (hereinafter referred to as the “Submarine Cable”), file an application to the Minister of Science, ICT and Future Planning for the designation of alert areas for the Submarine Cable. 

(4) Upon receiving an application pursuant to paragraph (3), the Minister of Science, ICT and Future Planning may consider the necessityof such designation and may designate and publicly notify the alert areas for the Submarine Cable through consultation with the relevant state administrative agency. 

(5) Designation applications, methods and procedures of such designation and its public notification, 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 telecommunications facilities of a key communications business operator have become an obstacle to a use of the land, etc. due tochanges in the purpose of use or in the methods of using the land, etc. where such facilities are located, or the land adjacent to it, request a key communications business operator to move the telecommunications facilities, and take other measuresnecessary for removing the obstacles. 

(2) A key communications business operator shall, upon receipt of a request underparagraph (1), take necessary measures, except for the cases where such measures are difficult to be taken for a business performance or technologies. 

(3) Expenses necessary for taking the measures under paragraph (2) shall be borne by the person who provided the cause for the move or taking other measures necessary for removing the obstacles afterthe installation of the subject telecommunications facilities; provided that, in the event the person who bears the expenses is the owner or possessor of the land and falls under any one of the following subparagraphs, the key communicationsbusiness 

 
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operator may reduce or exempt the person’s expenses, considering the indemnification amount paid at the time of installation of the telecommunications facilities and the amount of time ittook to build the telecommunications facilities: 

1. where the key communications business operator establishes and implementsa plan to move the telecommunications facilities or remove other obstacles; 

2. where the moving the telecommunicationsfacilities or removal of other obstacles is beneficial to other telecommunications facilities; 

3. where the state or a localautonomous entity demands such moving of telecommunications facilities or removal of other obstacles; or 

4. where thetelecommunications facilities within private land are being removed because they greatly 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 acooperation, in case where the operation of vehicles, vessels, airplanes and other carriers for the installation and preservation of his telecommunications facilities is necessary. In this case, the public agency in receipt of a request forcooperation shall comply with it, unless there exist any justifiable reasons. 

Article 82 (Inspection Report, Etc.) 

(1) When necessary for establishing telecommunication policies and other cases specified under the Enforcement Decree of the Act, theMinister of Science, ICT and Future Planning may inspect the facility status, accounting books and documents of installers of telecommunications facilities or demand them to make a report on the facilities. 

(2) When there is an installer telecommunications facilities in violation of this Act, the Minister of Science, ICT and FuturePlanning may order the removal of the relevant facilities or other necessary actions. 

CHAPTER VI. SUPPLEMENTARY PROVISIONS 

Article 83 (Protection of Communication Secrecy) 

(1) No person shall infringe on or divulge the secrecy of communication dealt with by telecommunications business operator. 

(2) A person who is or has been engaged in the telecommunications service shall not divulge others’ secrecy obtained with respect to communication while in office. 

(3) A telecommunications business operator may comply with a request for the perusal or the provision of the data falling under each ofthe following subparagraphs (hereinafter referred to as the “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 theNational Tax Service and the commissioners of regional Tax Offices; hereinafter the same shall apply) and the head of an intelligence and investigation agency, who intends to collect information or intelligence for the purpose of the prevention ofany threat to a trial, an investigation (including an investigation of any transgression taken place during commission of any crime falling under Article 10(1), (3) or (4) of the Punishment of Tax Evaders Act), the execution of a sentenceor the guarantee of the national security: 

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 the rightful users of computer systems orcommunications networks); and 

6. Dates on which users subscribe or terminate their subscriptions. 

 
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(4) The request for supply of communication data under paragraph (3) shall be made inwriting (hereinafter referred to as a “written request for data supply”), which states a reason for such request, relation with the relevant user and the scope of necessary data; provided that where an urgent reason exists that makes arequest in writing impossible, such request may be made without resorting to writing, and when such reason disappears, a written request for data supply shall be promptly filed with the telecommunications business operator. 

(5) A telecommunications business operator shall, where he has supplied the communication data pursuant to the procedures of paragraphs(3) and (4), keep the ledgers as prescribed by the Enforcement Decree, which contain necessary matters such as the facts of supplies of communication data, and the related data such as the written requests for data supply, etc. 

(6) A telecommunications business operator shall report, to the Minister of Science, ICT and Future Planning, twice a year the currentstatus, etc. of supplying the communication data, by the methods prescribed by the Enforcement Decree, and the Minister of Science, ICT and Future Planning may check whether the content of a report made by a telecommunications business operator isauthentic and the management status of related data according to paragraph (5). 

(7) A telecommunications business operatorshall, by the methods prescribed by the Enforcement Decree, notify the contents entered in the ledgers according to paragraph (5) to the head of a central 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 the communications data is a court, the relevant telecommunications business operator shall notify the Minister of the Court Administration thereof.

(8) A telecommunications business operator shall establish and operate a setup in full charge of the affairs related to theusers’ communication secrets; and the matters concerning the function and 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 request for 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 him of the transmitter’s telephone number, etc.; provided that this shall not apply to the case where thetransmitter expresses his content to refuse the transmission of his telephone number. 

(2) Notwithstanding the proviso ofparagraph (1), the telecommunications business operator may, 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 the Enforcement 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, crime prevention, disaster response,etc. as specified under the Enforcement Decree of the Act. 

(3) No person shall alter the caller’s telephone number ordisplay an erroneous telephone number 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 telephone number or display an erroneous telephone number for profit; provided that this provision under paragraph(4) shall not apply in the event any justifiable grounds for exception exist (e.g., for public interest or recipient’s convenience). 

Article 85 (Restriction and Suspension of Business) 

The Minister of Science, ICT and Future Planning may order the telecommunications business operators to restrict 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 emergency of war, incident, natural calamity, or that corresponding to them, or when other unavoidable causes exist, and when necessary for securing importantcommunications. <Amended by Act No. 11690, March 23, 2013> 

 
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Article 86 (Approval for International Telecommunications Services) 

(1) When there exist special provisions in the treaties or agreements on international telecommunications business joined by theGovernment, those provisions shall govern. 

(2) A telecommunications business operator shall, where he intends to conclude anagreement to provide transboundary key communications services under Article 87 (1) or an agreement on international telecommunications business as prescribed by the Enforcement Decree, obtain approval from the Minister of Science, ICT andFuture Planning fulfilling the requisites prescribed by the Enforcement Decree. The same shall apply to the case where he intends to alter or abolish such agreement or contract; provided that he may conclude such agreement without an approval fromthe Minister of Science, ICT and Future Planning if he meets the following qualifications: 

1. A person who intends to providea key communications service shall be a foreigner of the counterparty country to free trade agreements determined and announced by the Minister of Science, ICT and Future Planning out of those free trade agreements that have been executed,bilaterally and multilaterally, between or among the Republic of Korea and a foreign country(s) and come into effect; 

2. Thekey communications business that transmits sound, data, image, etc. related to TV broadcasting or radio broadcasting by and among the broadcasting business operators shall be provided by using an artificial satellite; and 

3. The key communications business shall not be provided by and among the domestic broadcasting business operators. 

(3) A telecommunications business operator providing key communication services shall, where he concludes an agreement or a contract witha foreign government or a foreigner with respect to the adjustments of fees following the handling of international telecommunications services, report such to the Minister of Science, ICT and Future Planning, provided that the foregoing is notapplicable in case the size of telecommunications facilities, paid-in capital, number assignment ,etc. satisfy the standards specified under the Enforcement Decree of the Act. 

(4) Deleted. 

(5) Details on the report under paragraph (3) shall bedetermined and publicly announced by the Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, March 23, 2013; 

Article 87 (Transboundary Provision of Key Communications Services) 

(1) A person,who intends to provide key communications service from abroad into the homeland without establishing a domestic business place (hereinafter referred to as the “transboundary provision of key communications services”), shall conclude acontract on transboundary provision of key communications services with a domestic key communications business operator or a specific communications 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 and 92 of this Act and Article 44-7 of the Acton Promotion of Information and Communications Network Utilization and Information Protection, etc. shall apply mutatis mutandis to the provision of services as determined in a contract by a key communications business operator or a specificcommunications business operator who has concluded the contract under paragraph (1). 

(3) Where a person, who intends toprovide a transboundary key communications service under paragraph (1), or a key communications business operator or a specific communications business operator, who has concluded a contract with him, violates the relevant provisions which appliesmutatis mutandis under paragraph (2), the Minister of Science, ICT and Future Planning may cancel approval under Article 86 (2), or issue an order to suspend a transboundary provision of the whole or part of key communications services as determinedin the relevant contract, with fixing a period of not more than one year. 

(4) Criteria and procedures, etc. for dispositionsunder paragraph (3) and other necessary matters shall be determined by the Enforcement Decree. 

 
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Article 88 (Report, etc. on Statistics) 

(1) A telecommunications business operator shall report the statistics on a provision of telecommunications service as prescribed by theEnforcement Decree, such as a current status of facilities by telecommunications service, subscription record, current status of users, and the data related to telephone traffic required for the imposition and collection of fees, to the Minister ofScience, ICT and Future Planning under the conditions as determined by the Enforcement Decree, and keep the related data available. 

(2) A key communications business operator and stockholders thereof, or the specific communications business operator and stockholders thereof shall submit the related data necessary for a verification ofthe facts of Article 8, pursuant to the provisions of the Enforcement Decree. 

(3) The Minister of Science, ICT and FuturePlanning may, in order to verify the facts under paragraph (2), or to examine the genuineness of the data submitted, request the administrative agencies and other related agencies to examine the data submitted or to submit the related data. In thiscase, the agencies in receipt of such request shall accede thereto unless there exist any justifiable reasons. 

Article 89 (Hearing)

The Minister of Science, ICT and Future Planning shall, in case where he intends to make a disposition falling under any ofthe following subparagraphs, hold a hearing: 

1. Cancellation, in whole or part, of license for a key communications businessoperator under Article 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 Minister of Science,ICT and Future Planning may impose a penalty surcharge equivalent to the amount of not more than 3/100 of the sales amount that is calculated under the conditions as prescribed by the Enforcement Decree in lieu of the relevant business suspension,in case where he has to order a business suspension to a telecommunications business operator who falls under subparagraphs of Article 20 (1) or subparagraphs of Article 27 (1) and (2), or a suspension of relevant business is likely tocause substantial inconveniences to the users, etc. of relevant business or to harm other public interests. If the telecommunications business operator refuses to submit the data used for calculation of turnover or submits erroneous data, anestimate of the turnover can be assessed based on the financial statement of those who provide similar services in the same industry (accounting documents, number of subscribers, usage fee and business operation status); provided that in the eventthat the sales amount is nonexistent or difficult to calculate the sales amount, as prescribed by the Enforcement Decree, the Minister of Information and Communication may impose a penalty surcharge not exceeding 1 billion won. 

(2) When the Minister of Science, ICT and Future Planning orders cessation of use in regard to proprietary telecommunications facilitiesunder Article 67(2), it may replace such order with a penalty surcharge not exceeding 1 billion won if such order causes significant inconvenience to users of telecommunication services provided with the use of the relevant proprietarytelecommunications facilities or other public harm is expected. 

(3) Specific standards for the imposition of penalty surchargeunder paragraphs (1) and (2) shall be determined by the Enforcement Decree. 

(4) Articles 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 paragraphs (1) and (2). 

Article 91 (Extension of Time Limit of Payment of Penalty Surcharge and Payment in Installments) 

(1) Where a penalty surcharge to be paid by a telecommunications business operator under Articles 53 and Article 90 exceeds the amount as prescribed by the Enforcement Decree, and where deemed that aperson liable for 

 
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a payment of penalty surcharge finds it difficult to pay it in a lump sum due to the reasons falling under any one of the following subparagraphs, the Minister of Science, ICT and Future Planningor the Korea Communications Commission may either extend the time limit of payment, or have him pay it in installments. In this case, the Minister of Science, ICT and Future Planning or the Korea Communications Commission may, if deemed necessary,have him put 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 business environments; and 

3. Where it is expected that he will be in great financial difficulty if he pays the penalty surcharge in a lump sum. 

(2) Matters necessary for an extension of the deadline for payment of a penalty surcharge, the payment in installments and the laying of asecurity shall be prescribed by the Enforcement Decree. 

Article 92 (Correction Orders, etc.) 

(1) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall issue correction orders within the scopeof its respective competent duties in case where a telecommunications business operator falls under any of the following subparagraphs: 

1. Where it violates Articles 3, 4, 4-2, 6, 9 through 11, 14 through 24, 26 through 28, 30 through 32, 33 through 44, 47 through 49, 51, 56 through 60, 60-2, 60-3, 61, 62, 64 through 67, 69, 73 through75, 79 or 82 through 88 or any order thereunder; 

2. Where the procedures for business performances of telecommunicationsbusiness operator are deemed to inflict significant harms on the users’ interests; and 

3. Where he fails to take swiftmeasures necessary for removing obstructions such as repairs, etc. when impediments have occurred to the supply of telecommunications services. 

(2) The Minister of Science, ICT and Future Planning may order a telecommunications business operator to conduct 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 determined by the Enforcement Decree for important communications to achieveefficient performance of State’s functions; and 

4. Other matters as prescribed by the Enforcement Decree. 

(3) The Minister of Science, ICT and Future Planning may order the persons falling under any of the following subparagraphs to takemeasures, such as the suspension of acts to provide telecommunications service or the removal of telecommunications facilities, etc.: 

1. Persons who operate a key communications business without obtaining a permit under Article 6 (1); 

2. Persons who operate a specific communications business without making a registration under Article 21 (1); and 

3. Persons who operate a value-added communications business without making a report under Article 22 (1). 

(4) The government may provide financial assistance of the costs incurred in construction and management of important communications in order to secure the important communications referred to inparagraph 2 (3). 

Article 93 (Delegation and Entrustment of Authority) 

The authority of the Minister of Science, ICT and Future Planning or the Korea Communications Commission under this Act may be delegatedand entrusted in part to the respective head of the affiliated agencies under the conditions as prescribed by the Enforcement Decree. 

 
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CHAPTER VII. PENAL PROVISIONS 

Article 94 (Penal Provisions) 

A person falling under any of the followingsubparagraphs shall be punished by imprisonment for 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 partial cancellation of license under Article 20(1); 

3. A person who obstructs the flow of telecommunications by impeding a function of telecommunications facilities by means of damagingtelecommunications facilities, or having the objects contacted thereon and other methods, in violation of Article 79 (1); 

4. Aperson who divulges other’s secrets with respect to communications which have been known to him while in office, in violation of Article 83 (2); and 

5. A person who supplies communication data, and person who receives such supply, in violation of Article 83 (3). 

Article 95 (Penal Provisions) 

A person falling under any of the followingsubparagraphs shall be punished by imprisonment for 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 justifiable reasons, 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 registration under Article 21 (1) or a person whooperates a value-added communications business without making a registration under 3-2, Article 22(2); 

4. A person who hasoperated specific communications services in violation of partial cancellation of license under Article 27(1); 

5. A person whofails to implement an order under Article 52 (1); 

6. A person who obstructs the measurement of line tracks, etc. and theinstallation and preservation activities of telecommunications facilities under Article 73 (2); and 

7. A person who encroachesupon or divulges a secret of communications handled by telecommunications business operator, in violation of Article 83 (1). 

Article 95-2(Penal Provisions) 

A person who divulges other’s secrets which have been known to him while in office in violation ofArticle 4-2(3) shall be punished by imprisonment for not more than three years or by a fine not exceeding 100 million won: 

[This Article Newly Inserted by Act No. 12035, August 13, 2013] 

Article 96 (Penal Provisions) 

A person falling under any of the followingsubparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 100 million won: 

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 than sub-paragraphs or approval according toArticle 19 (1); 

 
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4. A person who violates Article 18 (9) by unifying communication networks, appointingofficers, executing any other activities such as transferring, consolidating, enforcing a facilities sales contract or taking follow-up measures relating to establishment of a company before 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 under Article 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 under Article 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 body of Article 43 (1) or paragraph(2) of the same Article; 

10-2 A person who has damaged, forged or falsified the unique identification number ofcommunication terminal devices in order to disturb the interruption of using the communication terminal devices reported to the telecommunication business operator due to such reason as loss or theft, etc. in violation of Article 60-3; 

11. A person who fails to implement the partial restriction or cessation measure ordered pursuant to Article 85; and 

12. A person who fails to obtain approval, approval for alteration, or approval for abolition, under Article 86 (2). 

Article 97 (Penal Provisions) 

A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine notexceeding 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 the Addenda 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 than sub-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 modification report under Article 28(1) and the proviso of (2) or receiving an authorization or modification approvalunder paragraph (2) of the same Article; and 

7. A person who intermediates other person’s communication or furnishesfor use by other person, by making use of telecommunications services rendered by the telecommunications business operator, 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 imprisonment for not more than one year or by a fine notexceeding 10 million won: 

1. A person who installs or modifies significant telecommunications facilities without making areport under the main text of Article 62(1) or has installed telecommunications facilities without obtaining approval under the proviso of the same Article 

2. A person who installs proprietary telecommunications facilities without making a report or modification report under Article 64(1) 

3. A person who interconnects other’s communication through proprietary telecommunications facilities or uses it outside its purposein violation of Article 65(1) 

 
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4. A person who violates an order under Article 66(1) to handle telecommunication servicesor other communication services or connect the pertinent facilities to other telecommunications facilities 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 violatesan order for removal of telecommunications facilities or other corrective measures under Article 82(2) 

Article 99 (Penal Provisions)

A person who commits any of the prohibited acts under Article 50(1) (excluding providing telecommunications services not inaccordance with the standard usage terms and conditions under Article 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 not exceeding 50 million won: 

1. A person who deceives another for profit or alters his telephone number or displays a fraudulent telephone number for the purpose ofinflicting harm through violent language, intimidations, harassment, etc. in contravention of Article 84 (3); and 

2. A personwho provides services that enable another to alter the caller’s telephone number or display an erroneous telephone number for profit in violation of Article 84 (4). 

Article 101 (Penal Provisions) 

A person who stains the telecommunicationsfacilities or damages the measurement marks of the telecommunications facilities, in violation of Article 79 (2) shall be punished by a fine or penalty not exceeding one million won. 

Article 102 (Attempted Criminal) 

An attempted criminal under subparagraphs 3 and4 of Article 94 and subparagraph 7 of Article 95 shall be punished. 

Article 103 (Joint Penal Provisions) 

When a representative of a juristic person or an agent, an employee or any other employed person of the juristic person or individualcommits violation under Articles 94, 95, 95-2, 96 through 100 in connection with the business of such juristic person or individual, then a fine under the related Article shall be imposed on the juristic person or individual, in addition to thepunishment of the violator except in cases where such juristic person or individual has not been lax in exercising due care and supervision in regard to the relevant business to prevent such violation. <Amended by ActNo. 12035, August 13, 2013> 

Article 104 (Fine for Negligence) 

(1) A person who falls under any one of the following subparagraphs shall be punished by a fine for negligence not exceeding30 million won: 

1. A person who refuses or impedes a temporary use of private telecommunications facilities or landsunder Article 73 (2), without justifiable reasons; 

2. A person who refuses or impedes an entry to the land, etc. under Article74 (2), without justifiable reasons; 

3. A person who refuses the moving, alteration, repair and other measures on theobstacles, etc. under Article 75 (1), or the request for removal of the plants under Article 75 (2), without justifiable reasons; 

(2) A person who fails to apply for approval in regard to execution of an agreement in violation of 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 15 million won: 

1. A person who fails to report in regard to execution of an agreement in violation of Article 44(1) 

 
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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 a fine for negligence not exceeding ten millionwon: 

1. A person who fails to make a report as referred to in Article 10 (2) or to comply with a request for providingthe 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 the expected date of termination; 

3. A person who fails to make a report underArticle 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 by the Minister of Science, ICT and Future Planning under Article 35(5) orsubmits false information 

6. A person who fails to make a public announcement of the technical standards, and the standardsfor use and provision, or the standards for a creation of fair competitive environments, in violation of Article 42 (4); 

6-2.A person who fails to provide the information on standards of telecommunication service in violation of Article 42 (5); 

7. Aperson who fails to observe the publicly announced matters under Article 48(2), in violation of Article 48 (3); 

8. A personwho refuses, avoids or hampers an order for submission, or an investigation, of the data or articles according to Article 51 (2); 

9. A person who refuses, avoids, or intervenes with the order to submit information or object under Article 51 (5), or the temporary custody of the information or object submitted under the same Article;

10. A person who fails to execute orders given to furnish related data under the provisions of Article 56 (3); 

11. A person who has used proprietary telecommunications facilities without receiving confirmation 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, in contravention of the provisions of Article 83 (5);

15. A person who does not report the contents in the ledgers, including provision of telecommunications data, to the head ofcentral administrative agency in violation Article 83(7) 

16. A person who fails to make reports or submit the data underArticle 88, or falsely do such acts; and 

17. A person who fails to follow correction orders, etc., under Article 92(1) through (3). . 

(5) The fine for negligence under paragraph (1) through (4) shall be imposed and collectedby the Minister of Science, ICT and Future Planning, under the conditions as prescribed by the Enforcement Decree; provided, however, that the fine for negligence under subparagraphs 8 and 9 of paragraph (4) shall be imposed and collected bythe Korea Communications Commission and the fine for negligence under subparagraph 17 of paragraph (4) shall be imposed and collected by the Minister of Science, ICT and Future Planning or the Korea Communications Commission according to itsrespective competent duties. 

ADDENDA 

Article 1 (Enforcement Date) 

This Act shall be effective after six (6) months pass from the date of its announcement; provided that the amended provisions ofArticles 9 and 32-3 shall be effective on the date of its announcement. 

 
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Article 2 (Applicability to Reporting and Disclosure of Ancillary Agreements) 

The amended provisions of Article 44 (3) shall apply even if 30 days have not passed since the entering/modifying/revoking of theancillary agreement at the time this Act becomes effective. 

Article 3 (Transitional Measures concerning Grounds for Disqualification ofIncompetent Persons) 

Notwithstanding the amended provisions of Article 9 (1) 1, the former provisions shall apply to aperson who has already been declared as an incompetent or quasi-incompetent person and under Article 2 of the Addenda of the Revised Civil Code No. 10429 such declaration remains effective at the time the said provisions enter into force.

Article 4 (Transitional Measures concerning Registration of Value-added Telecommunications Business) 

Of those who operate a value-added telecommunications business under the former provisions as at the time this Act enters into force, aperson to whom the amended provisions of the subparagraph 13 (b) of Article 2 are applicable shall register under the amended provisions of paragraph (2) of Article 22 within six months after this Act enters into force. 

Article 5 (Transitional Measures concerning Technical Measures, Etc.) 

A special value-added telecommunications business operator who registered under paragraph (2) of Article 22 at the time this Act enters into force shall take measures pursuant to the amendedprovisions of paragraphs (1) and (3) of Article 22-3 within six months after this Act enters into force. 

Article 6 (TransitionalMeasures concerning Penal Provisions and Fines) 

When applying penal provisions or fines to the acts committed before this Actenters into force, the former provisions shall apply. 

 
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