**Exhibit 15.3**

TELECOMMUNICATIONS BUSINESS ACT 

As partially amended by Act No. 13823 of January 27, 2016, effective January 27, 2016 

CHAPTER I. GENERAL PROVISIONS

Article 1(Purpose) 

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

Article 2 (Definitions) 

Thedefinitions of the terms as used in this Act shall be as follows: 

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

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

13. the term “special type of value-added communications services” means services corresponding to one of thefollowing items: 

A. Value-added communications services provided by special type of online service providers underArticle 104 of the Copyright Act; 

B. Value-added communications services which send text messages by directly orindirectly connecting the text message system to telecommunications business operator’s telecommunications facilities. 

14. the term “telecommunications number” means the number used to separate andidentify communications networks, telecommunications service, region or users in order to provide or use telecommunications services. 

Article3 (Duty of Providing Services, etc.) 

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

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

(3) A fee for telecommunications service shall be reasonablyfixed so as to ensure a smooth development of telecommunications business 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 shallhave the obligation to provide universal service or to replenish the losses incurred by such provisions.

(2) The Minister ofScience, ICT and Future Planning may, notwithstanding paragraph (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 animposition of obligation under paragraph (1) is deemed inadequate in view of the peculiarity of telecommunications service; and 

2. the telecommunications business operator whose turnover of telecommunications service is less than the amount as determined by theEnforcement 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 as the“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. 

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

(3) Any person who is or was engaged in the telecommunications relay services shall not disclose other’s secrets which have beenknown to him in the course of performing his duties. 

(4) The Minister of Science, ICT and Future Planning may providefinancial, 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 telecommunications 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 who intends 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 mattersfalling under each of the following subparagraphs: 

1. financial capability necessary for implementing the key communicationsservice 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 may establish a basic plan to grant a license of a key communications businessoperator taking into consideration the result of competition assessment of key communications business as referred to in Article 34 (2) hereof and a plan to use frequencies under Article 8 (3) 2 of the Radio Waves Act. 

 
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(4) A person who intends to operate a key communications business using frequencies assignedunder Article 10 of the Radio Waves Act shall apply for assignment of frequencies and license for key communications business to the Minister of Science, ICT and Future Planning. 

(5) 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. 

(6) 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 competition, protection of users, improvement of service qualityand efficient employment of resources for information and communication, in this case such conditions shall be published on its official publication and official webpage. 

(7) A person subject to a license under paragraph (1) shall be limited to a juristic person. 

(8) Procedures for a license under paragraph (1) and other necessary matters shall be determined by the Enforcement Decree. 

Article 7 (Reasons for Disqualification for License) 

Persons falling under eachof the following subparagraphs shall not be entitled to obtain the license for a key communications business as referred to in Article 6: 

1. The State or local governments; 

2. Foreign governments or foreigncorporations; and 

3. Corporations whose stocks are owned by foreign governments or foreigners in excess of therestrictions on stock possessions as referred to in Article 8 (1). 

Article 8 (Restrictions on Stock Possessions of Foreign Governments orForeigners) 

(1) The stocks of a key communications business operator (excluding non-voting class stocks underArticle 344-3 (1) of the Commercial Act, 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 thegross number of issued stocks, when adding up all of those owned by the foreign governments or foreigners. 

(2) A corporationwhose largest stockholder (hereinafter referred 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 Article 9(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 offoreigners”) shall be regarded as a foreigner. 

(3) A corporation that falls under any of the following subparagraphsshall not be regarded as a foreigner even if it 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 tradeagreements determined and announced by the Minister of Science, ICT and Future Planning 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 lessthan 15/100 of the gross number of its issued stocks, and which is determined by the Minister of Science, ICT and Future Planning after the examination of the corporation from the perspective of public interest nature under Article 10 that thereexists 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 communicationsbusiness operator: 

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

 
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2. A person who has yet to be reinstated after having been declared bankrupt;

3. A person who has been sentenced to imprisonment without prison labor or a heavier punishment on charges of violating thisAct, the Framework Act on Telecommunications, the Radio Waves Act or the Act on Promotion of Information and Communications Network Utilization and Information Protection (excluding matters not directly related to telecommunication business,hereinafter “this Act, etc.”), and for whom three years have yet to pass from the date on which the execution of the sentence is terminated (including a case where the execution of the sentence is deemed to be terminated) or the executionof the sentence is exempted; 

4. A person who is in a stay period after having been sentenced to a stay of the executionof the imprisonment without prison labor or a heavier punishment on charges of violating this Act, etc.; 

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

6. A person who has been subject to a disposition taken to revoke all or part of his permission in accordance with Article 20 (1), a disposition taken to revoke all or part of his registration inaccordance 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 acorporation, the person refers to the person who commits the act of causing 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 ofparagraph (1) at the time that he is selected and appointed as an officer, he shall rightly resign from the office. 

(3) Anyact in which any officer has been involved prior to his resignation under paragraph (2) shall not lose its legal efficacy. 

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

(1) The PublicInterest Nature Examination Committee (hereinafter referred 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 ofthe following subparagraphs impedes the public interests as prescribed by the Enforcement Decree (hereinafter referred to as the “examination of public interest nature”), such as the national safety guarantee and maintenance of publicpeace and order, etc: 

1. Where the principal comes to own not less than 15/100 of the gross number of stocks issued by akey 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-relatedperson”); 

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 agreementfor important 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 foreigngovernment or a foreigner; and 

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

(2) Where a key communications businessoperator or any 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 timewhen such a fact took place. 

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

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

(5)Where the Minister of Science, ICT and Future 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 examination as referred to inparagraph (1), it may order the alteration of agreement detail and suspension of its implementation, the suspension of exercise of voting rights, or the sale of relevant stocks. 

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

1. A key communications business operator which operates and manages importantcommunications under Article 92 (2) 3; 

2. A key communications business operator which owns an artificial satellite forwhich 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 as the key communications business operator falling underArticles 35 (2) 1 and 3, 39 (3), 41 (3) and 42 (3); 

4. A key communications business operator which providestelecommunications services using frequencies assigned under the Radio Waves Act; provided that the key communications business operator whose turnover of telecommunications service for the immediately preceding year is less than the amountdetermined 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 telecommunications 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 Act No.12035, August 13, 2013> 

(2) The Chairman of the Committee shall be one of the Vice Ministers of Science, ICT and FuturePlanning 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 central administrative agenciesor 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 Article2 of the Assistance for Nonprofit Non-Governmental Organizations Act; and 

4. Other persons deemed necessary by theChairman. 

(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. 

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

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

(1) Where a foreign government or a foreigner has acquired the stocks in contravention of 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 to asthe “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 day next tothe 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 the expirationdate of the period set in the corrective orders, except for the case where there exists a special reason. 

(3) Provisions ofArticle 53 (5) and (7) shall apply mutatis mutandis to the collection of the charge for compelling the execution. 

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

Article 14 (Issuance of Stocks) 

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

Article 15 (Obligation of Commencing Business) 

(1) A key communications business operator 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 withinthe period under paragraph (1) due to force majeure and other unavoidable 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 businessoperator intends to modify the important matters prescribed by 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 asprescribed by the Enforcement Decree. 

(2) The provisions of Articles 6 (6) and Article 15 shall be applicable mutatis mutandisto a modified license for change under paragraph (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 ofScience, 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 businessunder paragraph (1), and that it is required for the development of telecommunications. 

Article 18 (Takeover of Business and Merger ofJuristic Persons etc.) 

(1) A person who belongs to any one of the categories set forth in the following paragraphs shallobtain an authorization 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 circuitinstallations except 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; provided, however, that part of the examination may be omitted when acquisition of a key communications business ormerger of a juristic person that is a key communications business operator has insignificant effect on the competition between the key communication businesses: 

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 anddevelopment and international competitive power of the communications industry, etc. 

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

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

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

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

3. a company incorporated to provide part of key communications services with the approval underparagraph (1)6 

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

(6) The Minister of Science, ICT and Future Planningshall, 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, the Minister 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 time frame. 

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

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). 

(11) Cases that have insignificant effect on the competition between the key communication businesses and the matters required for omission of examination shall be determined by the Enforcement Decree.

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 keycommunications business run by him, as specified by the Enforcement Decree of 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 andFuture Planning. 

(2) In the event separate measures of protection is deemed to be necessary for the protection of users uponsuspension or discontinuance of 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.

 
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(3) The Minister of Science, ICT and Future Planning shall, in case where an application forapproval or authorization under paragraph (1) is made, shall grant the relevant approval or authorization except for the following cases: 

1. Where required documents determined by the Enforcement Decree such as details of the business to be suspended or discontinued, and drawings of such business’s territories have a defect;

2. Where it is deemed that the business operator’s notice on its plan to suspend or discontinue the business is notappropriately made; 

3. Where the business operator’s user protection plan and the implementation of such user protectionplan is not sufficient and thus, it is expected that the suspension or discontinuation of the business may cause considerable loss or damage to the users; or 

4. Where it is deemed that maintenance of the concerned key communications business is urgently required in order to respond to national emergencies such as war, hostilities, or any other incidentequivalent thereto or in order to prevent or handle material disaster.

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 (6) 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); 

4-2. Where he has failed to obtain approval set forth in Article 19 (1) and notprovided his key communications service for a period exceeding the period determined by the Enforcement Decree; 

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

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

(2) Criteria and procedures for the dispositions under paragraph (1) and other necessary matters shall be determined by the EnforcementDecree. 

(3) In the event that the Minister of Science, ICT and Future Planning cancels whole or part of the relevant licenseor gives an order to suspend the whole or part of business, it may also order measures necessary to protect users as prescribed in Article 19 (2). 

Article 20 (Cancellation of License, etc.) 

(1) The Minister of Science, ICT andFuture Planning may, in case where a key communications business operator falls under any one of the following subparagraphs, cancel whole or part of the relevant license or give an order to suspend the whole or part of business with fixing a periodof no more than one year; provided that the license shall be cancelled entirely or partially if paragraph 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 (6) and 18 (5); 

3. Where he has failed to observe the orders under Article 12 (2); 

 
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4. Where he has failed to commence business within the period under Article 15 (1) (incase of obtaining an extension of the period under Article 15 (2), the extended period); 

4-2. Where he has failed to obtainapproval set forth in Article 19 (1) and not provided his key communications service for a period exceeding the period determined by the Enforcement Decree; 

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

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

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

(3) In the event that the Minister of Science, ICT and Future Planning cancels whole or part of therelevant license or give an order to suspend the whole or part of business, it may also order measures necessary to protect users as prescribed in Article 19 (2). 

[Date of Enforcement: July 28, 2016] Article 20 

SECTION 3 Specific Communications Business andValue-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 Minister of 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) The Minister of Science, ICT and Future Planning shall allow such registration as set forth in paragraph (1) except for the followingcases: . 

1. Where the matters set forth in subparagraphs of paragraph (1) are not prepared; 

2. Where required documents determined by the Enforcement Decree including articles of incorporation or terms and conditions of ajuristic person has a defect; or 

3. Where a person who applied for registration is not a juristic person.

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

(5) Procedures andrequirements for the registration under paragraph (1) and other necessary matters shall be determined by the Enforcement Decree. 

Article 22(Report, etc. of Value-Added Communications Business Operator) 

(1) A person who intends to run a value-added communicationsbusiness 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. 

 
11 

(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 Article 22-3 (1) hereof, Articles 42, 42-2, 42-3, 45of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 104 of the Copyright Act (limited to a person providing the services prescribed in A of subparagraph 13 of Article 2);

1-2. a plan for implementing technical measures in order to prevent false display of the caller’s telephone numberincluding altering of telephone number (limited to a person providing the services prescribed in B of subparagraph 13 of Article 2); 

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 or 1-2 of paragraph (2). 

(4)Notwithstanding paragraph (1), a person falling under any of the following shall be deemed to have reported his value-added communications business: 

1. a person who intends to run a small value-added communication business whose size of a capital, etc. matches the criteria prescribed by the Enforcement Decree; or 

2. a key communications service operator who intends to run a value-added communications business. 

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

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

Article 22 (Report, etc. of Value-Added Communications Business Operator) 

(1) Aperson 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 theEnforcement Decree. 

(2) Notwithstanding the provisions of paragraph (1), a person who intends to operate a special type ofvalue-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 Article 22-3 (1) hereof, Articles 42, 42-2, 42-3, 45of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 104 of the Copyright Act (limited to a person providing the services prescribed in A of subparagraph 13 of Article 2);

1-2. a plan for implementing technical measures in order to prevent false display of the caller’s telephone numberincluding altering of telephone number (limited to a person providing the services prescribed in B of subparagraph 13 of Article 2); 

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. 

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

(4) Notwithstanding paragraph (1), a person falling under any of the following shall be deemed to have reported his value-added communications business: 

1. a person who intends to run a small value-added communication business whose size of a capital, etc. matches the criteria prescribed bythe Enforcement Decree; or 

2. a key communications service operator who intends to run a value-added communications business.

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

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

[Date of Enforcement: June 2, 2016] Article 22 

Article 22-2 (Reasons for Disqualification for Registration) 

An individual, a juristic 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 suchjuristic person at the time of such cancellation (an investor as prescribed by the Enforcement Decree) may not make a registration under Article 22(2). 

Article 22-3 (Technical Measures, etc. of Special Type of Value-added Communications Business Operators) 

(1) A person who has registered a special type of value-added communications business under Article 22 (2) (hereafter in this Article, referred to as “special type of value-added communicationsbusiness operator”) and provides the services prescribed in A of subparagraph 13 of Article 2 shall take technical measures as determined by the Enforcement Decree in order to prevent the circulation of illegal information under Article 44-7(1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. 

(2) Noperson shall intentionally or negligently get rid of, alter, or incapacitate the technical measures as referred to in paragraph (1) through detour; provided that the same shall not apply to the case falling under any of the following subparagraphs:

1. If it is necessary for central administrative agency’s or municipalities’ reasonable and lawful performance ofits business; or 

2. If it is necessary for investigative agencies, chief information security officer under the Act onPromotion of Information and Communications Network Utilization and Information Protection, Etc. and the Korea Internet & Security Agency to respond to occurrence of information network trespass such as hacking. 

(3) A special type of value-added communications business operator (limited to a person providing the services prescribed in A ofsubparagraph 13 of Article 2) shall ensure that the status of operation and management of the technical measures as referred to in paragraph (1) is automatically recorded in the system and keep it for the period as determined by the EnforcementDecree. 

(4) The Minister of Science, ICT and Future Planning or the Korea Communications Commission, with respect torespective responsible affairs, may cause relevant public official belonging thereto to check the status of operation and management of the technical measures as referred to in paragraph (1) or order a special type of value-added communicationsbusiness to submit any required information including the records under paragraph (3). 

(5) No person shall destroy, forge orfalsify the records under paragraph (3) without any justifiable authority. 

[Date of Enforcement: June 2, 2016] Article 22-3 

 
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Article 22-4 (Value-added Communications Service Required of Reporting of Fees) 

(1) When a telecommunications business operator provided a value-added communications service prescribed in B of subparagraph 13 ofArticle 2, he shall report the fees of such service to the Minister of Science, ICT and Future Planning (including modified report; hereinafter, the same shall apply) except for a telecommunications business operator whose turnover oftelecommunications service is less than the amount as determined and announced by the Minister of Science, ICT and Future Planning considering the market situation, market share, etc. 

(2) A telecommunications business operator shall disclose the contents reported under paragraph (1). 

(3) Procedures and methods of the reporting under paragraph (1) and disclosure under paragraph (2) shall be determined by the EnforcementDecree.

[Date of Enforcement: July 28, 2016] Article 22-4 

Article 23 (Modification of Registered or Reported Matters) 

Specificcommunications business operator, a person who has made a report of a value-added communications business operator under 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 among the relevant registered or reported matters, make in advance a modified registration or modified report (including modified registration or modifiedreport through information network) to the Minister of Science, ICT and Future Planning under the conditions as prescribed by the Enforcement Decree. 

Article 24 (Transfer or Takeover, etc. of Business) 

In case where there exists atransfer or takeover of the whole or part of a specific communications business or a value-added communications business, or a merger or succession of a juristic person which is a specific communications business operator or a value-addedcommunications business operator (a person who has reported value-added communications services pursuant to 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 madesuch reporting under 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 the requirements and procedures as prescribed by the Enforcement Decree; provided, however, that this shall not apply to a person who has been deemed to report a value-added communications service under Article 22(4) resulting from atransfer or takeover of the whole or part of a value-added communications business or a merger or succession of a juristic person which is a value-added communications business operator: 

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. 

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, amerger of a juristic person which is a specific communications business 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 succeedto the status of a former specific communications business operator or a value-added communications business operator: 

1. aperson 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. 

 
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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 tosuspend or close down the whole or part of his business, in a manner determined 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 FuturePlanning (including reports through information network) not later than thirty 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 isdissolved 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 reportsthrough 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 thefollowing subparagraphs, cancel his registration wholly or partially, or suspend 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 andFuture Planning shall cancel whole or part of his registration: 

1. Where he makes a registration by deceit and other illegalmeans; 

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 thefollowing subparagraphs, issue an order to him for a closedown of the whole 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 ofthe whole or part of business by specifying a period of not more than one 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 year from the reporting date or registration date under Article 22(5), or inviolation of the latter part of Article 26(1) suspend the business operation for not less than one year; 

3-2. Where the KoreaCommunications Commission requests it because the technical measures as set forth in Article 22-3 (1) has not been taken; 

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

5. Where he fails to comply with an order to take corrective measures under Article 64(4) of the Act on Promotion ofInformation 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 order is requested by the Minister of Culture, Sportsand Tourism after the Korea Copyright Commission’s deliberation pursuant to Article 112 of the same Act. 

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

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

(1) The Minister of Science, ICT and Future Planning may, when a specific communications business operator fallsunder any of the following subparagraphs, cancel his registration wholly or partially, or suspend 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 ofScience, ICT and Future Planning shall cancel whole or part of his registration: 

1. Where he makes a registration by deceitand 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 thefollowing subparagraphs, issue an order to him for a closedown of the whole 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 ofthe whole or part of business by specifying a period of not more than one 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 year from the reporting date or registration date under Article 22(5), or inviolation of the latter part of Article 26(1) suspend the business operation for not less than one year; 

3-2. Where the KoreaCommunications Commission requests it because the technical measures as set forth in Article 22-3 (1) has not been taken; 

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

5. Where he fails to comply with an order to take corrective measures under Article 64(4) of the Act on Promotion ofInformation 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 order is requested by the Minister of Culture, Sportsand 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. 

[Date of Enforcement: July 28, 2016] Article 27 

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. 

 
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(2) Notwithstanding paragraph (1), in a case of a key communications service of keycommunications business operator whose size of business and market share correspond to the standards as determined by the Enforcement Decree, it shall obtain an authorization of the Minister of Science, ICT and Future Planning (including a modifiedauthorization, 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 thestandardized terms and conditions, if it falls under the criteria of every following subparagraph: 

1. Fees fortelecommunications service shall be 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 competitiveenvironments; 

2. Matters concerning the responsibility of key communications business operators and relevant users,cost-sharing methods concerning the installation 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 efficientperformance of State’s function. 

(4) A person intending to acquire the approval under paragraph (1) and (2) or file areport with respect to the telecommunications services shall submit the supporting data for calculation of fee (including subscription fee, basic fee, usage fee, value-added service fee, and actual expense). In case of business change, a tablecomparing the old (before change) and new (after change) supporting data should be submitted to the Minister of Science, 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 ofthe Act. 

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 the Enforcement Decree, such as national security guarantee, disasterrelief, social welfare and public interest. 

Article 30 (Restriction on Use by Others) 

No person shall intermediate other’s communications or provide for other’s communications by making use of telecommunicationsservices 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 to maintain order in a national emergency situation; 

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

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

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

5. Where it is necessary for the publicinterests or where the business run by any telecommunications business operator is not impeded, which is prescribed by the Enforcement Decree. 

 
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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 underthe Broadcasting Act may provide the transmission or line equipment 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 underthe Broadcasting Act shall, when he intends to provide value-added communications 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 Planningpursuant to Article 22 (1). 

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

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

Article 32 (Protection of Users) 

(1) A telecommunications business operator shall exert efforts to prevent any loss or damage to the users and take a prompt measure on thereasonable opinions or dissatisfactions raised 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) The Korea Communications Commission may assess the user protection and disclose the result thereof. In such cases, theKorea Communications Commission may order a telecommunications business operator to submit the data necessary for such assessment. 

(3) When a telecommunications business operator determined by the Enforcement Decree considering the matters such as the type, business scale and user protection of the telecommunications service entersinto an agreement on the use of the telecommunications service (including revision of the agreement), it shall send a copy of such agreement to the users in writing or through information network as specified by the Enforcement Decree. 

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

(5) The person designated as beneficiary under paragraph (4) shall distribute insurance proceeds received under the guarantee insuranceunder paragraph (4) to users who have not received services after paying services charges in advance. 

(6) Details necessary inregard to the subjects, criteria, or procedures of user protection, utilization of results, subscription, renewal and distribution of insurance proceeds under paragraph (2) and (5) 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.

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

Article 32-3 (Restrictions on Provisionof Telecommunications Services) 

(1) For the purpose of protecting users from illegal acts using telecommunications services,such as illegal credit service 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 forillegal acts upon request 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, send anotice 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 32-3 (Restrictions on Provision ofTelecommunications Services) 

(1) The Minister of Science, ICT and Future Planning may order a telecommunications businessoperator to suspend provision of telecommunications services to the relevant telecommunications numbers if there is any of the following requests by the head of the relevant administrative agency: 

1. a request to suspend provision of telecommunications services under Article 9-6 of the Act on Registration of Credit Business, Etc. andProtection of Finance Users; 

2. a request to suspend provision of telecommunications services under Article 13-3 of theSpecial Act on Prevention of Damage and Refund of Amount of Damage Caused by Telecommunications Bank Fraud; 

3. a requestto suspend provision of telecommunications services under Article 6-2 of the Electronic Financial Transactions Act; 

(2) Atelecommunications 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, send a 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 procedures for filing a formal objection thereto. 

(3) Matters necessary for the notice methods etc. regarding procedures for filing a formal objection pursuant to paragraph (2) shall beprescribed by Enforcement Decree. 

Article 32-4 (Prevention of Unauthorized Use of Mobile Device) 

(1) No person shall engage in any of the following acts: 

1. An act to open a mobile device (it means a device necessary to use a key communications services utilizing frequencies assigned under the Radio Waves Act; hereinafter, the same shall apply) accountrelated to which an agreement on the provision of the telecommunications service is executed under a different person’s name on condition to give or borrow some money in order to use the telecommunications service provided to such mobile deviceor to use the service for recovery of such money; or 

2. An act to solicit, mediate, broker or advertise an agreement on theprovision of the telecommunications service necessary to use the mobile device on condition to give or borrow some money. 

(2)If a telecommunications business operator determined by the Enforcement Decree considering the matters such as the type, business scale and user protection of the telecommunications service enters into an agreement on the provision of thetelecommunications service (including execution of an agreement on the provision of the 

 
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telecommunications service by an agent or commission agency that enters into the agreement on behalf of or entrusted by a telecommunications business operator), it shall, with the consent of thecounterparty, confirm the counterparty’s identity using the fraud subscription detection system under Article 32-5 (1) and may refuse to enter into an agreement if the counterparty fails to verify his identity or refuse to have his identityconfirmed. If users are changed resulting from the transfer of provision of the telecommunications service or succession of user status, this shall also apply to a person who intends to receive the telecommunications service according to suchchange. 

(3) When a telecommunications business operator confirm the counterparty’s identity under paragraph (2), atelecommunications business operator may demand the counterparty to present certificates and documents that can make identification such as resident registration number and driver’s license. 

(4) Details necessary in regard to the methods for identification under paragraph (2) and types of certificates and documents that canmake identification shall be determined by the Enforcement Decree.

Article 32-5 (Establishment of Fraud Subscription Detection System)

(1) The Minister of Science, ICT and Future Planning shall establish a system necessary to identify the users in order toprevent execution of an agreement on the provision of the telecommunications service through fraud way (hereinafter, “fraud subscription detection system”) and ensure that a telecommunications business operator under Article 32-4 (2) mayuse the fraud subscription detection system. 

(2) The Minister of Science, ICT and Future Planning, for the purpose ofestablishment and operation of the fraud subscription detection system, may request the head of the government entities and public agencies who possess the following information necessary for identification of the users (including legalrepresentative) to verify authenticity of the certificates presented under Article 32-4 (3) through sharing of administrative information under Article 36 (1) of the Electronic Government Act. In such cases, the head of the government entities andpublic agencies who have received such request shall comply with such request unless there is any justifiable reason: 

1.information on an individual’s resident registration and family relationship; 

2. information on a juristic person’sregistration and business registration; 

3. information on a foreign national’s and overseas Korean’sregistration/resident report and immigration; and 

4. other information on the certificates and documents presented underArticle 32-4 (3). 

(3) The Minister of Science, ICT and Future Planning may entrust the affairs for establishment and operationof the fraud subscription detection system with the Korea Association for ICT Promotion (“KAIT”) under the Framework Act on Broadcasting Communications Development as determined by the Enforcement Decree. 

Article 32-6 (Provision of Identity Theft Prevention Service) 

(1) A telecommunications business operator who provide a key telecommunications service shall provide service informing the users that an agreement on the use of telecommunications service has beenentered into under the name of the concerned users (“identity theft prevention service”) with the consent of the users. 

(2) The Minister of Science, ICT and Future Planning may designate the KAIT as an institution taking exclusive charge of the support for provision of the identity theft prevention service. 

(3) Details necessary for the content and procedures of the identity theft prevention service shall be determined and announced by theMinister of Science, ICT and Future Planning. 

Article 32-7 (Blocking of Media Product Harmful to Juveniles) 

(1) When a telecommunications business operator using frequencies assigned under the Radio Waves Act enters into an agreement on theprovision of the telecommunications service with a juvenile under the Juvenile Protection Act shall provide a tool to block the media product harmful to juveniles under subparagraph 3 of Article 2 of the Juvenile Protection Act and informationwith an obscene content under Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. 

(2) The Minister of Science, ICT and Future Planning may inspect the status of provision of such a tool for blocking as set forth in paragraph (1). 

 
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(3) Details necessary for the method and procedures of provision of a tool for blocking asset forth in paragraph (1) shall be determined by the Enforcement Decree. 

Article 32-8 (Call Forwarding Service) 

(1) A telecommunications business operator may provide telecommunications service connecting a phone call received through a user’stelecommunications number to the other telecommunications number that the user has set up in advance (“call forwarding service”). 

(2) A telecommunications business operator providing a call forwarding service as referred to in paragraph (1) shall report on the call forwarding service including its content and procedures forsubscription and set up to the Minister of Science, ICT and Future Planning. 

(3) A telecommunications business operatorproviding a call forwarding service as referred to in paragraph (1) shall not provide the a call forwarding service in a different way from that he reported under paragraph (2). 

(4) A telecommunications business operator shall not set up a call forwarding service at his own discretion without the user’sapplication. 

[Date of Enforcement: July 28, 2016] Article 32-8 

Article 33 (Compensation for Damages) 

A telecommunications business operatorshall make compensations when he inflicts any damages on the users in the course of providing telecommunications services or in relation to occurrence of reasons causing the opinions or dissatisfactions and delay of handling of such opinions ordissatisfactions under Article 32 (1); 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 competitionsystem and to promote fair competition in the telecommunications 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. 

Article 35 (Provision of Facilities, etc.) 

(1) A key communications businessoperator or an institution constructing, operating and managing road, railroad, subway, water supply/sewage, electric poles, cables, telecommunications line facilities (“facility management institution”) may, upon receipt of a request forthe provision of conduit line, common duct, electric poles, cables, operation sites and other facilities (including telecommunications facilities, hereinafter the same) or facilities (“facilities, etc.”) from other key communicationsbusiness operator, provide the facilities, etc. by concluding an agreement with him. 

(2) A key communications businessoperator falling under any of the following subparagraphs shall, upon receipt of a request under paragraph (1), provide the facilities, etc. by concluding an agreement, notwithstanding the provisions of paragraph (1); provided that the foregoing isnot applicable in case there is a usage plan, etc. of the facility management institution: 

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

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

A. the Korea Expressway Corporation organized under the Korea HighwayCorporation Act 

B. the Korea Water Resources Corporation organized under the Korea Water Resources Corporation 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 under eachsubparagraph of the same paragraph. 

(4) A telecommunications business operator who intends to receive the provision of thefacilities, etc. shall conclude an agreement as set forth in paragraph (1) and may install the apparatus enhancing the efficiency of the relevant facilities, within the limit necessary for the provision of the licensed telecommunications services.In such cases, he shall give prior notice to a key communications business operators and facility management institution providing such facilities, etc. as determined by the Enforcement Decree and get rid of such apparatus upon termination of theagreement or expiration of the period for utilization. 

(5) The Minister of Science, ICT and Future Planning may perform afield investigation into the status of provision and use of the facilities, etc. in order to efficiently utilize and manage the facilities, etc. In such cases, Article 51 (3) through (6) shall applicable mutatis mutandis to the procedures andmethods of such field investigation. 

(6) For efficient use and management of facilities, etc., the Minister of Science, ICTand 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 telecommunicationsbusiness operator or facility management institution shall honor such demand unless there are reasonable grounds for not doing so. 

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

(8) Details necessary for appointment and operation guidelines for expert institutions under paragraph (7) shall be determined andannounced by the Minister of Science, ICT and Future Planning. 

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. 

 
22 

(2) A key communications business operator falling under any of the following subparagraphsshall, upon receipt of a request under paragraph (1), provide the facilities, etc. by 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 thefacility management institution: 

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

2. Each of the following facilitymanagement institutions owning conduit line, common duct, electric pole, cable and other facilities, etc.: 

A. the KoreaExpressway Corporation organized under the Korea Highway Corporation Act 

B. the Korea Water Resources Corporation organizedunder the Korea Water Resources Corporation Act 

C. the Korea Electric Power Corporation organized under the Korea ElectricPower 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 under eachsubparagraph of the same paragraph. 

(4) A telecommunications business operator who intends to receive the provision of thefacilities, etc. shall conclude an agreement as set forth in paragraph (1) and may install the apparatus enhancing the efficiency of the relevant facilities, within the limit necessary for the provision of the licensed telecommunications services.In such cases, he shall give prior notice to a key communications business operators and facility management institution providing such facilities, etc. as determined by the Enforcement Decree and get rid of such apparatus upon termination of theagreement or expiration of the period for utilization. 

(5) The Minister of Science, ICT and Future Planning may perform afield investigation into the status of provision and use of the facilities, etc. in order to efficiently utilize and manage the facilities, etc. In such cases, Article 51 (3) through (6) shall applicable mutatis mutandis to the procedures andmethods of such field investigation. 

(6) Deleted. 

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

(8) Details necessary for appointment and operation guidelines for expert institutions under paragraph (7) shall be determined andannounced by the Minister of Science, ICT and Future Planning. 

[Date of Enforcement: June 2, 2016] Article 35 

Article 35-2 (Duty to Maintain Aerial Cables) 

(1) A telecommunications business operator and facility management institution shall maintain the cables installed on the electronic poles (“aerial cables”) to protect city fine views.

(2) The Minister of Science, ICT and Future Planning shall set up a plan to maintain aerial cables (hereafter in this Article,referred to as the “maintenance plan”) on an annual basis in order to carry out the maintenance as set forth in paragraph (1) systematically. In such cases, such plan shall be subject to review by the Council of Maintenance of AerialCables consisting of relevant Ministries and departments and telecommunications business operators. 

 
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(3) A telecommunications business operator and facility management institution shall followthe maintenance plan and costs and expenses incurred to implement the maintenance plan shall be jointly borne by the persons providing and using the concerned facilities, etc. as specified by the Enforcement Decree. 

(4) Details necessary for constitution and operation of the Council of Maintenance of Aerial Cables as referred to in paragraph (2) shallbe determined by the Enforcement Decree. 

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 Telecommunications 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 thetelecommunications 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 oftelecommunications 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 telecommunications 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 telecommunications industryhas 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 wholesale provider.

(4) The Minister of Science, ICT and Future Planning shall determine and announce the terms and conditions of the wholesaleprovision when the designated wholesale provider enters into an agreement about the designated 

 
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wholesale services. In this case, the consideration shall be calculated on the basis of subtracting avoidable costs (costs that the key communications business operator can avoid when notproviding services directly to users) from retail prices of the designated wholesale services. 

(5) Upon request for wholesaleprovision from other telecommunications business operator, a key communications business operator shall enter into an agreement within 90 days unless there are special reasons and shall report such agreement to the Minister of Science, ICT andFuture Planning in a manner specified in the Enforcement Decree of the Act within 30 days from the execution of such agreement. The same applies in the case of a change or abolition of the agreement. 

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

Article 39 (Interconnection) 

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

(2) The Minister of Science, ICT and Future Planning shall set forth and publicly notify thescope 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 the following subparagraphs shall allow the interconnection by concluding anagreement, upon receipt of a request under paragraph (1): 

1. A key communications business operator who possesses suchfacilities 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 compatible with 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. The detailed standards for such calculation, their procedures andmethods shall be governed by the standards of Article 39 (2). 

(2) A telecommunications business operator may deduct the pricesfor interconnection from each other’s accounts under the conditions as 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, thequality of connected conversations, or the provision of information required for interconnection, etc. 

Article 41 (Joint Use, etc. ofTelecommunications Facilities) 

(1) A key communications business operator may allow an access to or a joint use of thetelecommunications equipment or facilities by concluding an agreement, upon receipt of a 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 key communications 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 andmethods for an access to or a joint use of telecommunications equipment or facilities, 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 following subparagraphs shall allow an access to or a joint use of thetelecommunications 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 are indispensable for a provision of telecommunications services by other telecommunications business operators; and 

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

Article 42 (Provision ofInformation) 

(1) A key communications business operator may provide requested information by concluding an agreement, upon areceipt of request from other 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, or joint use, etc. and imposition and collection of fees and a guide to the telecommunications number. 

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

(3) Notwithstandingthe provisions of paragraph (1), a key communications business operator falling under any of the following subparagraphs 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 businesssize of key 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 a connectionof 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 notice thereof byobtaining approval from the Minister of Science, ICT and Future Planning. 

(5) Upon request from the manufacturer, importer ordistributor of communication terminal devices (referring to the terminal devices that may use the telecommunications service utilizing frequencies assigned under the Radio Waves Act; hereinafter the same shall apply), a key communications businessoperator which provides telecommunications services using frequencies assigned under the Radio Waves Act shall provide information on the standards of telecommunications service to such manufacturer, importer or distributor to the extent that suchinformation 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 by theEnforcement 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 43 (Prohibition of Use of Information for Other Purpose) 

Atelecommunications business operator shall use the technological information provided under Article 42 (1) and (3) for intended purposes and shall not use it wrongfully for other purposes nor provide it to a third party. 

[Date of Enforcement: June 2, 2016] Article 43 

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

(1) A key communications 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 special reasons and report it to the Minister of Science, ICT and Future Planning in a manner specified in the Enforcement Decree of the Act within 30days from the execution of such agreement, upon receipt of a request from other telecommunications business operators for a provision, a joint utilization, an interconnection or a joint use, etc. of telecommunications facilities, or a provision ofinformation. The same applies in the case of a change or abolition of the agreement. 

(2) Notwithstanding the provision ofparagraph (1), in case of an agreement in which a key communications 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 uponreceipt of the request, unless there is a special reason, 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 EnforcementDecree of the Act within 30 days from the execution of 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) Notwithstanding the provision of paragraph (2), an ancillary agreement is entered into such as in cases where an agreement is enteredinto in order to add new services based on the agreement already authorized, such ancillary agreement shall be reported to the Minister of Science, ICT and Future Planning within 30 days from the execution of the ancillary agreement and the contentsof the agreement shall be revealed within 30 days from the date of report. The same applies in the case of a change or abolition of the ancillary agreement. 

(4) The agreement under paragraphs (1) and (3) 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). 

(5) The Minister of Science, ICT and Future Planning may, if any application for authorization or report referred to inparagraph (2) or (3) needs supplemented, order such application for authorization supplemented for a fixed period. 

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

(7)Notwithstanding the provisions of paragraph (2) through (3), if change of the agreement does not cause any change in the prices for use or if change of the agreement is made only in insignificant matters as determined and announced by the Ministerof Science, ICT and Future Planning, such change shall be exempted from being subject to authorization or report. In such cases, the contents of change in the agreement shall be revealed within 30 days from the date on which the change is made.

Article 45 (Ruling of the Korea Communications Commission) 

(1) A telecommunications business operator or user may request to the Korea Communications 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 regarding provision of facilities, etc. interconnection ,joint use or provision ofinformation, etc. 

4. other disputes concerning telecommunications business or matters specified as subject to the KoreaCommunications Commission’s ruling under other bodies of law. 

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

 
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(3) The Korea Communications Commission shall make a ruling within 90 days from the requestfor arbitration provided that such period may be extended by one additional 90-days upon the resolution of the 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 shallsuspend the arbitration proceeding and notify the other party of that fact. The same applies if it is found out that a lawsuit was filed prior to the receipt of request for arbitration. 

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

(6) Within 60 days from the date on which the originals of written ruling of the KoreaCommunications Commission were sent to the parties, if no lawsuit regarding the dispute between the parties to the arbitration has been filed or such lawsuit has been withdrawn or the parties clearly indicate their acceptance of the ruling to theKorea Communications Commission, an agreement equivalent to the contents of the ruling shall be deemed to have been made. 

Article 46(Solicitation for Outside Arbitration) 

If the Korea Communications Commission, upon receiving request for arbitration underArticle 45(1), deems that it is inappropriate to conduct arbitration or is necessary for other reasons, it may form a separate commission for each dispute and solicit for outside arbitration. 

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

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

1. demand for attendance of a party or witness and hold a hearing 

2. demand for appraisal to an appraiser 

3. demand for submission of documents orobjects relevant for the dispute and provisional seizure of the documents or objects so submitted. 

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

Article 48 (Management Plan for Telecommunications Number Resources) 

(1) The Minister of Science, ICT and Future Planning shall formulate and enforce the management plan for telecommunications numberresources including the matters relating to the telecommunications system, and granting, withdrawal and integration of telecommunications number, in order to make an efficient provision of telecommunications service, and the promotion of user’sconvenience and of the environments of fair competition among telecommunications business operators and efficient use of telecommunications numbers, which are limited national resources. 

(2) The Minister of Science, ICT and Future Planning shall, when he has formulated the plans under paragraph (1), make a publicnotice thereof. This shall also apply to any alterations in the established plan. 

(3) A telecommunications business operatorshall observe the matters publicly noticed under paragraph (2). 

Article 48-2 (Prohibition of Sale and Purchase of Telecommunications Number)

(1) No one shall sale or purchase the telecommunications number, which is a limited national resources. 

(2) If any information regarding the sale and purchase of the telecommunications number is published in the communications network, theMinister of Science, ICT and Future Planning may order telecommunications service providers to stop the service or restrict such telecommunications service providers’ publication. 

 
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[Date of Enforcement: July 28, 2016] Article 48-2 

Article 49 (Accounting Adjustment) 

(1) A key communications business operatorshall 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 to the Minister of Science, ICT and Future Planning, under the conditions as determined bythe Enforcement Decree, and keep the related books and authoritative documents. 

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

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

(4) The Minister of Science, ICT and Future Planning may, if it isnecessary 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 give documentsindicating his name, stay period and purpose of entrance to related party at the time of his first entrance. 

Article 50 (Prohibited Act)

(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.; 

2. Act of unfairly refusing aconclusion of agreement, or act of non-performance of the concluded 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 aprovision of information, etc.; 

3. Act of unfairly diverting the information of other telecommunications businessoperators to his own business activities, which have been 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 jointutilization, a joint using, 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 (thestandardized terms and conditions refers to only those of which was reported or approved 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, aninterconnection, a joint use or a wholesale provision of facilities, etc. or a provision of information, unreasonably high compared to its supply costs; 

7. Act of 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 digitalcontents. 

 
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(2) When any person acting on behalf of any telecommunications business operator under acontract therewith in executing contracts between such telecommunications business operator and 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 bysuch telecommunications business operator and only the 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 attentionto the prevention of such act. 

(3) Necessary matters concerning categories of and standards for the prohibited act referred toin paragraph (1) shall be prescribed by the Enforcement Decree. 

Article 50 (Prohibited Act) 

(1) A telecommunications business operator shall not commit any of the following acts (hereinafter referred to as “prohibitedact”) 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.; 

2. Act of unfairly refusing aconclusion of agreement, or act of non-performance of the concluded 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 aprovision of information, etc.; 

3. Act of unfairly diverting the information of other telecommunications businessoperators to his own business activities, which have been 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 jointutilization, a joint using, 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 (thestandardized terms and conditions refers to only those of which was reported or approved 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;

5-2. Act by a telecommunications business operator of failure to explain or notify or of false explanation ornotification to the users important matters such as the fees, contract conditions, fee discount, etc.; 

6. Act of settingand maintaining the compensation for 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, unreasonably high compared to its supply costs;

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

(2) When any person acting onbehalf of any telecommunications business operator under a contract therewith in executing contracts between such telecommunications business operator and its users (including making any amendment to such contracts) commits any act falling underparagraph (1) 5 and 5-2, his act shall be deemed the act committed by such telecommunications business operator and only the provisions of Articles 52 (1) and 53 shall apply to such act; provided that the same shall not apply to a case where therelevant telecommunications business operator has paid reasonable attention to the prevention of such act. 

(3) Necessarymatters concerning categories of and standards for the prohibited act referred to in paragraph (1) shall be prescribed by the Enforcement Decree. 

[Date of Enforcement: July 28, 2016] Article 50 

 
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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 therelevant 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 ofemergency or if there is risk that the evidence will be destroyed. 

(4) A person who investigates by visiting the offices orworkplaces 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 also should be accompanied by the person of the corresponding offices or workplaces. 

(5) A public official who investigates pursuant to paragraph (2) may order telecommunications business operators or persons entrusted with handling of the business of telecommunications business operatorsto submit any necessary information or object. In the event there is a possibility of abandonment, concealment, or replacement of the information or object so submitted, the public official may temporarily take them into custody. 

(6) The Korea Communications Commission shall immediately return the information or object under its custody if it falls under any one ofthe following: 

1. It is deemed, after an examination of the information or object under the custody, that it has no relevanceto the current investigation. 

2. The purpose of investigation is fully accomplished so that keeping the information or objectunder 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 under each of thefollowing 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 and Future Planning priorto ordering measures under subparagraphs 1 through 5, 8, and 9: 

1. Separation of the supply system of telecommunicationsservice; 

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 prohibitedacts; 

 
31 

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 violationhas occurred for 3 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 the orderwithin the specified period due to natural disasters and other unavoidable causes. 

(3) The Korea Communications Commissionshall, 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 deemed necessary,demand for attendance of an interest party or witness, hearing or appraiser by an appraiser; provided that this shall not apply when the parties concerned fail to respond without 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. 

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 and FuturePlanning 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 prohibitedacts; 

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 hasoccurred for 3 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. 

 
32 

(2) The telecommunications business operators shall execute any order issued by the KoreaCommunications 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 businessoperators are unable to carry out the order within the specified period due to natural disasters and other unavoidable causes. 

(3) The Korea Communications Commission shall, before ordering the measures under paragraph (1), notify the parties concerned of thecontent of relevant measures, and provide them with an opportunity to make a statement within a specified period, and may hear, where deemed necessary, demand for attendance of an interest party or witness, hearing or appraiser by an appraiser;provided that this shall not apply when the parties concerned fail to respond without any justifiable reasons.

(4) The KoreaCommunications Commission, when it orders to take the measures under paragraphs (1) through (3), shall notify it to the Minister of Science, ICT and Future Planning. 

(5) The Minister of Science, ICT and Future Planning may order a telecommunications business operator, who fails to fulfill the orders under paragraph (1) within the period set forth under paragraph (2)without a justifiable reason, to suspend his business in part. 

(6) Details necessary for criteria, procedures and othernecessary matters shall be determined by the Enforcement Decree. 

(7) The Minister of Science, ICT and Future Planning, when itorders a key communications business operator to suspend his business in part under paragraph (5), may order the measures necessary for user protection under Article 19 (2). 

(8) In the event five (5) years have passed from the date on which any acts committed in violation of paragraph 1 of Article 50 have been terminated, the Korea Communications Commission shall notorder 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 penalty surcharge is cancelled by court order and a new measure is to betaken pursuant to that court order. 

[Date of Enforcement: July 28, 2016] Article 52 

Article 52-2 (Charge for Compelling Execution on Prohibited Acts) 

(1) TheMinister of Science, ICT and Future Planning may impose the charge for compelling the execution against the persons who were subjected to the orders as referred to in Article 52 (1) (hereafter in this Article, referred to as the “correctivemeasure order”) and failed to comply with them within the period set forth in the corrective measure order at the amount not more than 3/1,000 of its revenue per day. 

(2) The Minister of Science, ICT and Future Planning, before it imposes the charge for compelling the execution as referred to in paragraph (1), shall give prior notice in writing of such imposition andcollection of the charge for compelling the execution. 

(3) The Minister of Science, ICT and Future Planning shall impose thecharge for compelling the execution under paragraph (1) by written documents containing the matters relating to the charge such as the amount, reason for imposition, deadline for payment, collecting agency, method to raise an objection, and agencyto receive an objection. 

(4) The Minister of Science, ICT and Future Planning may repeatedly impose and collect the charge forcompelling the execution as referred to in paragraph (1) every 90 days after the day in which it made such corrective measure order until the corrective measure orders are fulfilled. 

(5) When a person who received the corrective measure order fulfils the order, the Minister of Science, ICT and Future Planning shallimmediately stop imposition of the charge for compelling the execution but collect the charge already imposed. 

(6) When aperson who was imposed the charge for compelling the execution under paragraph (1) fails to pay the charge by the payment deadline, the Minister of Science, ICT and Future Planning shall collect them according to the example of a disposition takento collect the national taxes in arrears. 

 
33 

(7) Details necessary for the matters such as imposition, payment, procedures for raising anobjection, etc. in relation to the charge for compelling the execution shall be determined by the Enforcement Decree. 

[Date of Enforcement:July 28, 2016] Article 52-2 

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 following intoconsideration. 

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 by the EnforcementDecree. 

(5) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall, where a personliable 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 day following the expiry of suchpayment deadline. 

(6) The Minister of Science, ICT and Future Planning or the Korea Communications Commission shall, where aperson 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 surcharge and an additional due under paragraph (5) withinthe fixed period, collect them according to the example of a disposition taken to collect the national taxes in arrears. 

(7)The period for which the additional due as referred to in paragraph (5) shall be paid shall not exceed 60 months. 

(8) Inthe 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 the penalty surcharge in arrears(accrued from the day of payment to theday of payment) shall be paid. 

 
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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 in violation ofparagraph (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 business operator. 

Article 54 (Relations with Other Acts) 

In case where a measure is taken under Article 52 (1) or a penalty surcharge is imposed under Article 53 against the acts in violation of paragraph (1) of Article 50, a corrective measure or an impositionof 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 business operator. 

[Date of Enforcement: July 28, 2016] Article 54 

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 mayclaim for compensation 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 ornegligence. 

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 ofquality of the telecommunications 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 56-2 (Provision of Information on Telecommunications Services) 

(1) A telecommunications business operator shall provide to the users the information necessary to choose the telecommunications servicesthat he provides such as the area where the telecommunications services are available and providing method. 

(2) Type, andproviding method and procedures of the information that shall be provided under paragraph (1) shall be determined and publicly notified by the Minister of Science, ICT and Future Planning. 

(3) The Minister of Science, ICT and Future Planning shall check the status of providing the information under paragraph (1) on a regularbasis and shall announce the result on an annual basis. 

[Date of Enforcement: July 28, 2016] Article 56-2 

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.

 
35 

(3) The Minister of Science, ICT and Future Planning may, for the purpose of performing theprior selection systems efficiently 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 performingthe prior selection systems and for the designation of the prior selection registration center and the method of dealing with its affairs, etc. 

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”). The matters necessary fordesignation of the prior selection registration center shall be determined and publicly notified by the Minister of Science, ICT and Future Planning. 

(4) Deleted. 

[Date of Enforcement: June 2, 2016] Article 57 

Article 58 (Mobility of Telecommunications Number) 

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

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

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

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

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

(3) The Minister of Science, ICT and Future Planning may, in order to perform the plans for mobility ofnumbers, 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 andneutrally implement the mobility of numbers of the telecommunications. 

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

 
36 

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

(1) Where a key communications business operator falling under Article 39 (3) 1 or 2 (including the specially-related persons) possessesin excess of 5/100 of the gross number of voting stocks issued by the mutually different key communications business operators, 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 operatorfalling under Article 39 (3) 1 or 2 and the key communications business operator established by the said key communications business operator by becoming the largest stockholder. 

Article 60 (Provision of Directory Assistance Service) 

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

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

(3) Matters necessary for a provision of the directory assistance service may be 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 telecommunications services using frequencies assigned under the Radio 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 to such reason as loss, theft, etc. with other telecommunications businessoperators in order to interrupt the use of such device. 

(2) The Minister of Science, ICT and Future Planning may designate thespecialized institutes for an efficient sharing of unique identification numbers. 

(3) If it is necessary to interrupt the useof the communication terminal device which has been reported 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 relevantadministrative agencies and public agencies. 

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

[This Article Newly Inserted by Act No. 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] 

CHAPTER V. TELECOMUNICATIONSFACILITIES 

Section 1. Commercial Telecommunications Facilities 

Article 61 (Maintenance and Repair of Telecommunications Facilities) 

For stableprovision of its telecommunications services, a telecommunications business operator shall maintain and repair the telecommunications facilities it provides up to technical specifications specified under the Enforcement Decree of the Act for stablesupply of telecommunications. 

 
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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 significant telecommunications facilities under paragraph (1) shall be determined and announced by the Minister ofScience, 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 usetelecommunications facilities. 

(2) A key communications business operator whose size of business, etc. corresponds to thestandards as determined by the Enforcement Decree shall compose and operate a council to negotiate on joint installation of the telecommunications facilities as set forth in paragraph (1). 

(3) The Minister of Science, ICT and Future Planning shall determine and publicly announce the criteria for the matters relating to thecouncil as referred to in paragraph (2) such as composition, operating procedures, facilities subject to negotiation, and scope of target area. 

(4) The Minister of Science, ICT and Future Planning, if necessary to efficiently promote the joint installation of the telecommunications facilities as set forth in paragraph (1), may designate an agencyto be exclusively responsible for the affairs relating thereto. 

(5) The matters necessary for designation of an agency andhandling methods as referred to in paragraph (4) shall be determined and publicly notified by the Minister of Science, ICT and Future Planning. 

(6) The Minister of Science, ICT and Future Planning may recommend joint installation of telecommunications facilities under paragraph (1) to key communications business operators in a manner specifiedunder the Enforcement Decree in any of the following cases: 

1. where no agreement is reached under paragraphs (1) and (2), andrequest is made by one of the key communications business operators 

2. where it is deemed necessary for the public good

(7) If a key communications business operator fails to reach an agreement on the use of land or buildings owned by thegovernment, 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 telecommunicationsfacilities, it may request for help from the Minister of Science, ICT and Future Planning on use of such land or building. 

(8)Upon receiving the request for help under paragraph (7), the Minister of Science, 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 forreaching an agreement with the use of relevant land or building with the key communications business operator making the request for help. In this case, the head of the government entities, municipalities, public agencies or the other keycommunications business operator shall make such agreement unless there is a justifiable reason. 

Section 2. PROPRIETARY TELECOMMUNICATIONSFACILITIES 

Article 64 (Installation of Proprietary Telecommunications Facilities) 

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

 
38 

(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, ICT and FuturePlanning 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 may be installed without filing a report. 

Article 64 (Installation of Proprietary Telecommunications Facilities) 

(1) A person seeking to install proprietary telecommunications facilities shall make a report to the special metropolitan city mayor, metropolitan city mayor, metropolitan autonomous city, provincialgovernor, or special self-governing provincial governor (“mayor or governor”) having jurisdiction over the location of the office where the main facilities are installed in a manner specified under the Enforcement Decree of the Act. Thesame applies when an important aspect of reporting items as specified under the Enforcement Decree is sought to be modified. <Amended by Act No. 11690, March 23, 2013> 

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

(3) A person who has made a report on installation or modification of proprietarytelecommunications facilities under paragraph (1) shall receive confirmation from the mayor or governor in a manner specified under the Enforcement Decree of the Act when such installation or modification construction is complete and beforecommencement of its use. 

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

[Date of Enforcement: June 2, 2016] Article 64 

Article 65 (Restriction on Non-Proprietary Use) 

(1) A person who has installed proprietary telecommunications facilities may not use such facilities to interconnect other’s communication or operate it outside its installation purposes, providedthat the foregoing is not applicable in cases where other bodies of law have special provisions of any of the following is applicable: <Amended by Act No. 11690, March 23, 2013> 

1.use by a person in law enforcement of disaster rescue industries for law enforcement or emergency rescue operation 

2. use by a specially related person of the installer of proprietary telecommunications facilities as announced by the Minister ofScience, ICT and Future Planning 

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

(3) Articles 35, 44 (excluding paragraph (6)) and 45 through 47 shall be applicable in case of provision of facilities under paragraph (2). 

Article 65 (Restriction on Non-Proprietary Use) 

(1) A person who has installedproprietary telecommunications facilities may not use such facilities to interconnect other’s communication or operate it outside its installation purposes, provided that the foregoing is not applicable in cases where other bodies of law havespecial provisions of any of the following is applicable: <Amended by Act No. 11690, March 23, 2013> 

 
39 

1.use by a person in law enforcement of disaster rescue industries for law enforcement oremergency rescue operation 

2. use by a specially related person of the installer of proprietary telecommunications facilitiesas announced by the Minister of Science, ICT and Future Planning 

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

(3) Articles 35, 44 (excluding paragraph (6)) and 45 through 47 shall be applicable in case of provision of facilities under paragraph(2). 

(4) When a person who has installed proprietary telecommunications facilities violates paragraph (1), the Minister ofScience, ICT and Future Planning may order the person to suspend using the proprietary telecommunications facilities for the period not exceeding one year. In such cases, the Minister of Science, ICT and Future Planning shall notify the fact that itordered suspension of the use to the mayor or governor having jurisdiction over the relevant location. 

[Date of Enforcement: June 2, 2016]Article 65 

Article 66 (Securing Communication Lines in Case of Emergency) 

(1) When a war, accident or natural disaster or other national emergency has happened or is likely to happen, the Minister of Science, ICTand Future Planning may order a person who has installed proprietary telecommunications facilities to engage in telecommunications services or other important communications services or connect the telecommunications facilities to othertelecommunications facilities. In this case, Articles 28 through 32, 33 through 55 shall be applicable. <Amended by Act No. 11690, March 23, 2013; Amended by Act No. 12035, August 13, 2013> 

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

(3) The costs of performing the task or interconnecting facilities underparagraph (1) shall be borne by the government, provided that when proprietary telecommunications facilities are used for telecommunications services, the key communications business operator 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 under this Act, theMinister 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 of Science, ICT and Future Planning may order a cessation of use for a period notexceeding one year: 

1. failure to carry out the corrective order under paragraph (1) 

2. use of proprietary telecommunications facilities without receiving confirmation in violation of Article 64(3) 

3. interconnection of other’s communication or use of proprietary telecommunications facilities outside its installation purposes inviolation of Article 65(1) 

(3) When the Minister of Science, ICT and Future Planning deems that proprietary telecommunicationsfacilities 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 other corrective measures.<Amended by Act No. 11690, Mar. 23, 2013> 

 
40 

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 under this Act in relationto installation, change or operation (except for operation in violation of Article 65 (1)) the mayor or governor 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 mayor orgovernor may order a cessation of use for a period not exceeding one year: 

1. failure to carry out the corrective order underparagraph (1); 

2. use of proprietary telecommunications facilities without receiving confirmation in violation of Article64(3); 

3. deleted. 

(3) When the mayor or governor deems that proprietary telecommunications facilities are interfering with other’s telecommunications or likely to harm other’s telecommunications facilities, itmay order the person who installed such facilities to stop using, modify, repair or take other corrective measures. <Amended by Act No. 11690, Mar. 23, 2013> 

[Date of Enforcement: June 2, 2016] Article 67 

Section 3. INTEGRATED MANAGEMENT OFTELECOMMUNICATIONS FACILITIES, 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) Articles35, 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 ofkey communications 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 relevant administrativeorganization in advance. 

 
41 

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

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

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

(2) Details on the 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 69-2 (Installation of Mobile Communications Facilities for Internal Routing) 

(1) Mobile communications facilities for internal routing (it means telecommunications facilities necessary to use a key communicationsservices utilizing frequencies assigned under the Radio Waves Act) shall be installed in the following facilities: 

1. buildings as determined by the Enforcement Decree among the buildings under Article 2 (1) 2 of the Building Act aggregated total of floor areas of which is 1,000 m2 or more; 

2. housings and facilities built in the housing complex with 500 housings or more as determined by the Enforcement Decree among thehousing complexes under Article 2 (12) of the Housing Act; 

3. urban railroad facilities under Article 2 (3) of the UrbanRailroad Act. 

(2) Details on the mobile communications facilities for internal routing such as the type and standards andprocedures of installation shall be determined by the Enforcement Decree. 

[Date of Enforcement: July 28, 2016] Article 69-2 

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 procedures specified under the Enforcement Decree of the Act (hereinafter referred to as the “integrated telecommunications operator”) to manage telecommunications facilities installed under this Act or other bodies of lawand 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 of telecommunications 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 relevant administrative agencies, have it approvedby the President after passing the cabinet review. 

(3) An integrated management plan shall have the following: 

1. subject, method and procedures of integration 

2. management of telecommunications facilities, etc. for the post-integration period 

3. other matters specified under the Enforcement Decree of the Act 

(4) When theMinister of Science, ICT and Future Planning seeks to establish an integrated management plan, it shall consult with the installers of the telecommunications facilities, etc. to be integrated in advance. 

Article 70 Deleted. 

[Date of Enforcement: June2, 2016] Article 70 

Article 71 (Purchase of Telecommunications Facilities, Etc.) 

(1) An integrated telecommunications operator may, when necessary for integrated management of telecommunications facilities, 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. 

 
42 

(2) When purchase request is made by an integrated telecommunications operator underparagraph (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 andCommodity Management Act integrated telecommunications 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 Publicworks and 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, purchasedby an integrated telecommunications operator. 

Article 71 Deleted. 

[Date of Enforcement: June 2, 2016] Article 71 

Section 4. Installation and Preservation ofTelecommunications 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 appurtenant facilities to be available for telecommunications service (hereinafterreferred 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 keycommunications 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. ownedby others, pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor. 

Article 72 (Use of Land,etc.) 

(1) A key communications business operator may, when necessary for the installation of line tracks, antennas and theappurtenant facilities 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. ownedby others, pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor. 

[Date of Enforcement: June 2,2016] Article 72 

Article 73 (Temporary Use of Land, etc.) 

(1) A key communications business operator may, when necessary for the measurement of line tracks, etc. and the installation or preservation works of the telecommunications facilities, temporarily use theprivate, 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 the purposes of the measurement of line tracks, etc. and theinstallation or preservation works of the telecommunications facilities under paragraph (1). 

(3) A key communications businessoperator shall, when intending to temporarily use the private, 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 priornotification, a prompt notification shall be made during 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 noticethereof shall be made. 

 
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(4) The temporary period of use of the land, etc. under paragraph (1) shall not exceed sixmonths. 

(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 or public land,etc. 

Article 75 (Request for Elimination of Obstacles, etc.) 

(1) A key communications business operator may request the owners or possessors of gas pipes, water pipes, drain pipes, electric lamp lines, electricity lines or private 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 respectto the relevant obstacles, etc. 

(2) A key communications business operator may request the owners or possessors to remove theplants, when they may impede or are likely to impede the installation or maintenance of 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 ortransplant 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 or possessors of the relevant plants. 

(4) The owners or possessors of the obstacles, etc., which impede or are likely to impede the telecommunications facilities of a keycommunications 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 or alteration of the relevant obstacles, etc.

Article 76 (Obligation for Restoration to Original State) 

A key communications business operator shall restore the relevant land, etc. to its original state, when a use of the land, etc. under Articles 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 or possessors. 

Article 77 (Compensation for Damages) 

A key communications business operatorshall, 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. 

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 with the person has incurred losses. 

1. temporary use of land under Article 73(1) 

2. entry in land, etc. under Article 74(1) 

 
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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 Acquisition ofLand, 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 after theinstallation 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 communications businessoperator 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 it took to build the telecommunications facilities:

1. where the key communications business operator establishes and implements a plan to move the telecommunications facilitiesor remove other obstacles; 

2. where the moving the telecommunications facilities or removal of other obstacles is beneficialto other telecommunications facilities; 

 
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3. where the state or a local autonomous entity demands such moving of telecommunicationsfacilities or removal of other obstacles; or 

4. where the telecommunications facilities within private land are being removedbecause 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 a cooperation, 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 for cooperation shall comply with it, unless there exist anyjustifiable reasons. 

Article 82 (Inspection Report, Etc.) 

(1) When necessary for establishing telecommunication policies and other cases specified under the Enforcement Decree of the Act, the Minister of Science, ICT and Future Planning may inspect the facilitystatus, 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 Future Planning may order the removal of the relevant facilities or other necessaryactions. 

CHAPTER VI. SUPPLEMENTARY PROVISIONS 

Article 83 (Protection of Communication Secrecy) 

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

(2) A person who is or has beenengaged 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 of the 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 the National Tax Service and the commissioners of regional TaxOffices; 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 of any threat to a trial, an investigation (including aninvestigation 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 sentence or 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 or communications networks); and 

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

(4) The request for supply of communication data under paragraph (3) shall be made in writing (hereinafter referred to as a “writtenrequest 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 a request in writing impossible, such request may be madewithout resorting to writing, and when such reason disappears, a written request for data supply shall be promptly filed with the telecommunications business operator. 

 
46 

(5) A telecommunications business operator shall, where he has supplied the communicationdata 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 writtenrequests for data supply, etc. 

(6) A telecommunications business operator shall report, to the Minister of Science, ICT andFuture Planning, twice a year the current status, 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 atelecommunications business operator is authentic and the management status of related data according to paragraph (5). 

(7) Atelecommunications business operator shall, 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 supplyof communications data according to 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 CourtAdministration thereof. 

(8) A telecommunications business operator shall establish and operate a setup in full charge of theaffairs related to the users’ 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 theEnforcement 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 the transmitter expresses his content to refuse the transmission of his telephone number. 

(2) Notwithstanding the proviso of paragraph (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 toprotect the recipients from the violent language, intimidations, harassments, etc. 

2. Of the special telephone numberservices, those necessary for national security, crime prevention, disaster response, etc. as specified under the Enforcement Decree of the Act. 

(3) Deleted. 

(4) Deleted. 

Article 84-2 (Prohibition of Erroneous Display of Telephone Number and User Protection) 

(1) No person shall display an erroneous telephone number by altering the caller’s telephone number, etc. while making a phone call(including text messages; hereinafter the same shall apply in this Article) for property profit or for the purpose of inflicting harm on others through violent language, intimidations, harassments, etc.. 

(2) No person shall provide services that enable display of an erroneous telephone number by altering the caller’s telephone number,etc. 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). 

(3) A telecommunications business operator shall take the following measures in order to prevent the users’ damages arising from thetelephone number erroneously displayed unless there is any justifiable ground as referred to in the proviso of paragraph (2): 

1. measures to block sending a call from a telephone number erroneously displayed by altering the number, or to send a call to a recipientafter changing the telephone number to the caller’s correct number; 

 
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2. measures to give a guide on the international call coming in to Korea informing that itis an international call; 

3. measures to stop providing the telecommunications services for the line of a person transmittingthe telephone number erroneously displayed by altering the number, etc.; 

4. other matters as determined by the Minister ofScience, ICT and Future Planning for user protection. 

(4) The Minister of Science, ICT and Future Planning, in order to checkwhether the measures set forth in paragraph (3) has been taken or not, or to prevent the users’ damages from expanding, may request access to or submission of the following information to a telecommunications business operator or may conduct anecessary inspection: 

1. If a call from the telephone number erroneously displayed by altering the number, etc. is blocked,the concerned telephone number, the time when the blocking is made, and company name sending the call; 

2. If a recipientreports on the telephone number erroneously displayed by altering the number, the company name sending the call; 

3. Otherrelevant data that can confirm whether the measures of each subparagraph of paragraph (3) have been taken. 

(5) The Minister ofScience, ICT and Future Planning, in order to check whether the measures of each subparagraph of paragraph (3) have been taken or not and implement the measures under paragraph (4), may entrust the affairs with the Korea Internet & SecurityAgency under Article 52 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and bear the costs incurred thereto. 

(6) The Minister of Science, ICT and Future Planning may determine and publicly notify the justifiable grounds under the proviso of paragraph (2), measures under each subparagraph of paragraph (3) anddetailed procedures and methods for implementation of paragraph (4). 

(7) Articles 64, 64-2 and 69 of the Act on Promotion ofInformation and Communications Network Utilization and Information Protection, Etc. shall apply mutatis mutandis to the access, submission of the information as referred to in paragraph (4). 

Article 85 (Restriction and Suspension of Business) 

The Minister of Science, ICTand Future Planning may order the telecommunications business operators to restrict or suspend the whole or part of telecommunications service under the conditions as prescribed by the Enforcement Decree, when there occurs or is likely to occur anational emergency of war, incident, natural calamity, or that corresponding to them, or when other unavoidable causes exist, and when necessary for securing important communications. <Amended by Act No. 11690, March 23, 2013> 

Article 86 (Approval for International Telecommunications Services) 

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

(2) A telecommunications business operator shall, where he intends to conclude an agreement to provide transboundary key communicationsservices 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 and Future Planning fulfilling the requisites prescribed by theEnforcement 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 from the Minister of Science, ICT and Future Planning if hemeets the following qualifications: 

1. A person who intends to provide a key communications service shall be a foreigner ofthe 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 Republicof Korea and a foreign country(s) and come into effect; 

 
48 

2. The key communications business that transmits sound, data, image, etc. related to TVbroadcasting 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 with a foreign government or a foreigner with respect to theadjustments 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 not applicable in case the size of telecommunicationsfacilities, 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 be determined 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, 84, 84-2, 85, 88 and 92 of this Act and Article 44-7 ofthe Act on 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. 

Article 87-2 (Marking of Warning Messages)

(1) A person manufacturing or importing/selling mobile devices may mark the warning messages that using the mobile deviceswhile moving may incur a risk of an accident in the mobile devices. 

(2) The government may provide necessary support such asthe costs to be incurred under paragraph (1). 

(3) The matters necessary for the content and method how to mark the warningmessages as set forth in paragraph (1) shall be determined and publicly notified by the Minister of Science, ICT and Future Planning. 

Article88 (Report, etc. on Statistics) 

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

 
49 

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

(3) The Minister of Science, ICT and Future Planning may, in order to verify the facts under paragraph (2), or to examine the genuinenessof the data submitted, request the administrative agencies and other related agencies to examine the data submitted or to submit the related data. In this case, the agencies in receipt of such request shall accede thereto unless there exist anyjustifiable reasons. 

Article 88 (Report, etc. on Statistics) 

(1) A telecommunications business operator shall report the statistics on a provision of telecommunications service as prescribed by the Enforcement Decree, such as a current status of facilities bytelecommunications 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 of Science, ICT and Future Planning under the conditions asdetermined by the Enforcement Decree, and keep the related data available. 

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

(3) The Minister of Science, ICT and Future Planning may, in order to verify the facts under paragraph (2), or to examine the genuinenessof the data submitted, request the administrative agencies and other related agencies to examine the data submitted or to submit the related data. In this case, the agencies in receipt of such request shall accede thereto unless there exist anyjustifiable reasons. 

(4) The mayor or governor shall report the following matters to the Minister of Science, ICT and FuturePlanning under the conditions as determined by the Enforcement Decree, and keep the related data available: 

1. status of thereport on the installation of the proprietary telecommunications facilities and report on the modification under Article 64 (1); 

2. status of correction, suspension of use, remodeling, repair or other measures under Article 67; 

3. status of imposition of penalty surcharge under Article 90 (2); 

4. status of imposition of fine for negligence under Article 104 (5) 10. 

[Date of Enforcement: June 2, 2016] Article 88 

Article 89 (Hearing) 

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

1. Cancellation, in whole or part, of license for a key communications business operator underArticle 20 (1); 

2. Cancellation, in whole or part, of registration of a specific communications business under Article 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 to causesubstantial inconveniences to the users, etc. of relevant business or to harm other public interests. If the telecommunications business operator refuses to 

 
50 

submit the data used for calculation of turnover or submits erroneous data, an estimate of the turnover can be assessed based on the financial statement of those who provide similar services inthe same industry (accounting documents, number of subscribers, usage fee and business operation status); provided that in the event that the sales amount is nonexistent or difficult to calculate the sales amount, as prescribed by the EnforcementDecree, the Minister of Information and Communication may impose a penalty surcharge not exceeding 1 billion won. 

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

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

(4) Articles 53(5) through (8) shall apply in regard to additional dues of penalty surcharge, demand for payment andreturn-additional dues of penalty surcharge under paragraphs (1) and (2). 

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 thesales 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 undersubparagraphs of Article 20 (1) or subparagraphs of Article 27 (1) and (2), or a suspension of relevant business is likely to cause substantial inconveniences to the users, etc. of relevant business or to harm other public interests. If thetelecommunications business operator refuses to submit the data used for calculation of turnover or submits erroneous data, an estimate of the turnover can be assessed based on the financial statement of those who provide similar services in thesame industry (accounting documents, number of subscribers, usage fee and business operation status); provided that in the event that the sales amount is nonexistent or difficult to calculate the sales amount, as prescribed by the EnforcementDecree, the Minister of Information and Communication may impose a penalty surcharge not exceeding 1 billion won. 

(2) When theMinister of Science, ICT and Future Planning and the mayor or governor orders cessation of use in regard to proprietary telecommunications facilities under Articles 65 (4) and 67 (2), it may replace such order with a penalty surcharge not exceeding1 billion won if such order causes significant inconvenience to users of telecommunications services provided with the use of the relevant proprietary telecommunications facilities or other public harm is expected. 

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

(4) Articles 53(5) through (8) shall apply in regard to additional dues of penalty surcharge, demand for payment andreturn-additional dues of penalty surcharge under paragraphs (1) and (2). 

[Date of Enforcement: June 2, 2016] Article 90 

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 asprescribed by the Enforcement Decree, and where deemed that a person liable for 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 ofScience, ICT and Future Planning or 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 CommunicationsCommission may, if deemed necessary, have him put up a security therefor: 

1. Where he suffers a severe loss of propertydue to natural disasters or fire; 

2. Where his business faces a serious crisis due to an aggravation of his businessenvironments; and 

 
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3. Where it is expected that he will be in great financial difficulty if he pays thepenalty 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 a security 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 orderswithin the scope of its respective competent duties in case where a telecommunications business operator or facility management institution falls under any of the following subparagraphs: 

1. Where it violates Articles 3, 4, 4-2, 6, 9 through 11, 14 through 22, 22-3, 23, 24, 26 through 28, 30 through 32, 32-3, 32-4, 32-6,32-7, 33 through 35, 35-2, 36 through 44, 47 through 49, 51, 56 through 60, 60-2, 60-3, 61, 62, 64 through 67, 69, 73 through 75, 79 or 82 through 84, 84-2, 85 through 87 and 88 or any order thereunder; 

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

3. Where he fails to take swift measures necessary for removing obstructions such asrepairs, etc. when impediments have occurred to the supply of telecommunications services. 

(2) The Minister of Science, ICTand Future Planning may order a telecommunications business operator to conduct the matters of the following subparagraphs, when necessary for development of telecommunications: 

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 totake measures, 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. Persons who operate a special type of value-added communications services without making a registration under Article 22 (2) 

(4) The Minister of Science, ICT and Future Planning or the Korea Communications Commission, if it deems that a telecommunicationsbusiness operator cannot observe the orders within the period determined by the orders under paragraphs (1) through (3) for reasons such as acts of God or any other inevitable reasons, may extend such period only one time. 

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

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 or facility management institution falls under any of the following subparagraphs: 

1. Where it violates Articles 3, 4, 4-2, 6, 9 through 11, 14 through 22, 22-3, 23, 24, 26 through 28, 30 through 32, 32-3, 32-4, 32-6, 32-7, 33 through 35, 35-2, 36 through 44, 47 through 49, 51, 56through 60, 60-2, 60-3, 61, 62, 64 through 67, 69, 73 through 75, 79 or 82 through 84, 84-2, 85 through 87 and 88 or any order thereunder; 

 
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2. Where the procedures for business performances of telecommunications businessoperator 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 totake measures, 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. Persons who operate a special type of value-added communications services without making a registration under Article 22 (2) 

(4) The Minister of Science, ICT and Future Planning or Korea Communications Commission, if it deems that a telecommunications businessoperator cannot observe the orders within the period determined by the orders under paragraphs (1) through (3) for reasons such as acts of God or any other inevitable reasons, may extend such period only one time. 

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

[Date of Enforcement: June 2, 2016] Article 92 

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 delegated and entrusted in part to the respective head of the affiliatedagencies under the conditions as prescribed by the Enforcement Decree. 

Article 93 (Delegation and Entrustment of Authority) 

(1) The following authority of the Minister of Science, ICT and Future Planning shall be delegated and entrusted to the KoreaCommunications Commission. 

1. order on a telecommunications business operator of suspension of part of his business underArticle 52 (5); 

2. imposition or collection of the charge for compelling the execution under Article 52 (5); 

3. imposition of penalty surcharge under 90 (1) (limited to a case where the penalty surcharge is imposed in lieu of the suspension of thebusiness in part under Article 52 (5)) 

(2) The authority of the Minister of Science, ICT and Future Planning (except for theauthority to delegate or entrust to the Korea Communications Commission as specified in paragraph (1)) or the Korea Communications Commission under this Act may be delegated and entrusted in part to the respective head of the affiliated agenciesunder the conditions as prescribed by the Enforcement Decree. 

 
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[Date of Enforcement: July 28, 2016] Article 93 

Article 93-2 (Deemed Public Official in Application of Penal Provisions) 

Anymember of the Committee who is not a public official shall be deemed as a public official when Articles 129 through 132 of the Korean Commercial Code is applied. 

CHAPTER VII. PENAL PROVISIONS

Article 94 (Penal Provisions) 

A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine notexceeding 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 meansof damaging telecommunications facilities, or having the objects contacted thereon and other methods, in violation of Article 79 (1); 

4. A person 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 following subparagraphs 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 personwho operates a value-added communications business without making a registration under 3-2, Article 22(2); 

4. Aperson who has operated specific communications services in violation of partial cancellation of license under Article 27(1); 

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

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

7. A person who encroaches upon or divulges a secret of communications handled bytelecommunications business operator, in violation of Article 83 (1). 

Article 95 (Penal Provisions) 

A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine notexceeding 150 million won: 

1. A person who refuses a provision of telecommunications service without any justifiablereasons, in violation of Article 3 (1); 

2. A person who violates a disposition taken to suspend his business underArticle 20 (1); 

 
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3. A person who operates a specific communications business without making aregistration under Article 21 (1) or a person who operates a value-added communications business without making a registration under 3-2, Article 22(2); 

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

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

5-2. A person who has violates an order of suspension of the business in part under Article 52 (5); 

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

7. A person who encroaches upon or divulges a secret of communications handled bytelecommunications business operator, in violation of Article 83 (1). 

[Date of Enforcement: July 28, 2016] Article 95 

Article 95-2 (Penal Provisions) 

A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine notexceeding 100 million won: 

1. A person who divulges other’s secrets which have been known to him while in office inviolation of Article 4-2(3); 

2. A person who engages in an act to open a mobile device account under a differentperson’s name on condition to give or borrow some money in order to use the telecommunications service provided to such mobile device or to use the service for recovery of such money in violation of Article 32-4 (1) 1; 

3. A person who engages in an act to solicit, mediate, broker or advertise an agreement on the provision of the telecommunications servicenecessary to use the mobile device on condition to give or borrow some money in violation of Article 32-4 (1) 2; 

4. A personwho displays an erroneous telephone number by altering the caller’s telephone number, etc. while making a phone call (including text messages) for property profit or for the purpose of inflicting harm on others through violent language,intimidations, harassments, etc. in violation of Article 84-2 (1); 

5. A person who provide services that enable display of anerroneous telephone number by altering the caller’s telephone number, etc. for profit in violation of Article 84-2 (2). 

Article 96(Penal Provisions) 

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

1. A person who fails to obtain a modified license underArticle 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); 

4. A person who violates Article 18 (9) by unifying communication networks, appointing officers,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 Articles 19 (2) and 20 (3); 

6. A person who runs the value-added communications business without making a report under Article 22(1); 

6-2. A person who gets rid of, alters, or incapacitates the technical measures as referred to in paragraph (1) of Article 22-3through detour without any justifiable authority in violation of Article 22-3 (2); 

 
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7. A person who violates a disposition taken to suspend his business under Article27(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 of communicationterminal 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, underArticle 86 (2). 

Article 96 (Penal Provisions) 

A person falling under any of the following subparagraphs 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); 

4. A person who violates Article 18 (9) by unifying communication networks, appointing officers,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 Articles 19 (2) and 20 (3); 

6. A person who runs the value-added communications business without making a report under Article 22(1); 

6-2. A person who gets rid of, alters, or incapacitates the technical measures as referred to in paragraph (1) of Article 22-3through detour without any justifiable authority in violation of Article 22-3 (2); 

7. A person who violates a dispositiontaken to suspend his business under Article 27(1); 

8. A person who fails to execute the order given to discontinue hisbusiness 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) orparagraph (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).

[Date of Enforcement: June 2, 2016] Article 96 

 
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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 not exceeding 50 million won: 

1. A person who fails to execute the order given under Articles 10(5), 18 (8) or 12 (2) (including a case where the provisions are appliedmutatis mutandis under Article 4 (4) of the Addenda of the Telecommunications Business Act amended by Act No. 5385); 

2. Aperson who fails to make a report under provisos of Article 18 (1) other than sub-paragraphs; 

3. A person who fails tomake a modified registration 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 theproviso of (2) or receiving an authorization or modification approval under paragraph (2) of the same Article; and 

7. Aperson who intermediates other person’s communication or furnishes for use by other person, by making use of telecommunications services rendered by the telecommunications business operator, in contravention of the provisions of the text ofArticle 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 not exceeding 10 million won: 

1. A person who installs or modifies significant telecommunications facilities without making a report under the main text of Article62(1) or has installed telecommunications facilities without obtaining approval under the proviso of the same Article 

2. Aperson 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) 

4. A person who violates an order under Article 66(1) to handle telecommunications services orother communication services or connect the pertinent facilities to other telecommunications facilities 

5. A person violates ausage cessation order under Article 67(2) or an order under paragraph (3) of the same article 

6. A person violates an orderfor removal of telecommunications facilities or other corrective measures under Article 82(2) 

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 fails to report on the fees in violation of Article 22-4 (1) or providestelecommunications services not in accordance with the contents that he has reported; 

2. A person who installs or modifiessignificant telecommunications facilities without making a report under the main text of Article 62(1) or has installed telecommunications facilities without obtaining approval under the proviso of the same Article; 

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

 
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4. A person who interconnects other’s communication through proprietarytelecommunications facilities or uses it outside its purpose in violation of Article 65(1); 

5. A person who violates an orderunder Article 66(1) to handle telecommunications services or other communication services or connect the pertinent facilities to other telecommunications facilities; 

6. A person violates a usage cessation order under Article 67(2) or an order under paragraph (3) of the same article; 

7. A person violates an order for removal of telecommunications facilities or other corrective measures under Article 82(2). 

[Date of Enforcement: July 28, 2016] Article 98 

Article 99 (Penal Provisions) 

A person who commits any of the prohibited acts under Article 50(1) (excluding providing telecommunications services not in accordancewith the standard usage terms and conditions under Article 50(1)5) shall be punished by a fine not exceeding 300 million won. 

Article 99(Penal Provisions) 

A person who commits any of the prohibited acts under Article 50(1) (excluding providing telecommunicationsservices not in accordance with the standard usage terms and conditions under Article 50 (1) 5 or acts under Article 50 (1) 5-2) shall be punished by a fine not exceeding 300 million won. 

[Date of Enforcement: July 28, 2016] Article 99 

Article 100 Deleted.

Article 101 (Penal Provisions) 

A person who stains the telecommunications facilities or damages the measurement marks of the telecommunications facilities, in violationof 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 and 4 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 individual commits violation under Articles 94, 95, 95-2, 96 through 99 inconnection 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 the punishment of the violator except in cases where such juristic personor individual has not been lax in exercising due care and supervision in regard to the relevant business to prevent such violation. <Amended by Act No. 12035, August 13, 2013> 

Article 104 (Fine for Negligence) 

(1) A person who refuse, disrupt or avoid theinspection under Article 51 (2) shall be punished by a fine for negligence not exceeding 50 million won. 

(2) A person whofalls under any one of the following subparagraphs shall be punished by a fine for negligence not exceeding 30 million won: 

1. A person who refuses or impedes a temporary use of private telecommunications facilities or lands under Article 73 (2), withoutjustifiable reasons; 

2. A person who refuses or impedes an entry to the land, etc. under Article 74 (2), withoutjustifiable reasons; 

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

 
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4. A person who fails to take the measures under each subparagraph of Article 84-2 (3).

(3) A person who falls under any one of the following subparagraphs shall be punished by a fine for negligence not exceeding20 million won: 

1. A person who fails to take technical measures in violation of Article 22-3 (1), or record or managethe status of operation and management of the technical measures in violation of Article 22-3 (3); 

2. A person who failsto stop provision of a telecommunications services in violation of Article 32-3 (2); 

3. A person who fails to apply forapproval in regard to execution of an agreement in violation of Article 44(2). 

(4) A person falling under any of the followingshall be punished by a fine not exceeding 15 million won: 

1. A person who fails to report in regard to execution of anagreement in violation of Article 44 (1) or 44 (3); 

2. A person who fails to make a report under the main text of Article 86(3). 

(5) A person who falls under any one of the following subparagraphs shall be punished by a fine for negligence notexceeding ten million won: 

1. A person who fails to make a report as referred to in Article 10 (2) or to comply with a requestfor providing the data or an order to attend as referred to in Article 11 (3) or (4); 

2. A person who, in violation of Article19 (1), fails to notify the user 60 days prior to the expected date of termination; 

2-2. A person who fails to follow theKorea Communications Commission’s order to submit the information under Article 22-3 (4) or submits false information; 

3.A person who fails to make a report under Article 26; 

4. A person who violates the obligation concerning the protection ofusers under Article 32 (1) (excluding efforts to prevent any damages to the users); 

4-2. A person who fail to observe an orderto submit the information under the latter part of Article 32 (2); 

4-3. A person who fails to send a copy of an agreement inviolation of Article 32 (3); 

4-4. A person who fails to notify about exceeding the maximum limit of fees under Article 32-2(1); 

5. A person who fails to carry out request for information by the Minister of Science, ICT and Future Planning underArticle 35(5) or submits false information 

6. A person who fails to make a public announcement of the technical standards, andthe standards for 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 telecommunications service in violation of Article 42 (5); 

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

8. 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 sameArticle; 

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

10. A person who has used proprietary telecommunications facilities without receiving confirmation under Article 64(3)

11. A person who refuses or interferes with inspection under Article 82(1) 

12. A person who fails to report under Article 82(2) or makes a false report 

13. A person who fails to keep related data or makes false entries in such data, in contravention of the provisions of Article 83 (5);

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

15. A person who failsto follow a request for access to, or submission of the information or inspection or submits a false information; 

16. Aperson who fails to make reports or submit the data under Article 88, or falsely do such acts; and 

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

(6) The fine for negligence under paragraphs (2) through(5) shall be imposed and collected by 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 paragraph (1), subparagraph 1 of paragraph(3), subparagraphs 2-2, 4-2 and 8 of paragraph (5) shall be imposed and collected by the Korea Communications Commission and the fine for negligence under subparagraph 17 of paragraph (5) shall be imposed and collected by the Minister of Science,ICT and Future Planning or the Korea Communications Commission according to its respective competent duties. 

Article 104 (Fine forNegligence) 

(1) A person who refuse, disrupt or avoid the inspection under Article 51 (2) shall be punished by a fine fornegligence not exceeding 50 million won. 

(2) A person who falls under any one of the following subparagraphs shall be punishedby a fine for negligence not exceeding 30 million won: 

1. A person who refuses or impedes a temporary use of privatetelecommunications facilities or lands under Article 73 (2), without justifiable reasons; 

2. A person who refuses orimpedes an entry to the land, etc. under Article 74 (2), without justifiable reasons; 

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

4. A person who fails to take the measures under each subparagraph of Article 84-2 (3). 

(3) A person who falls under any one of the following subparagraphs shall be punished by a fine for negligence not exceeding 20 millionwon: 

1. A person who fails to take technical measures in violation of Article 22-3 (1), or record or manage the status ofoperation and management of the technical measures in violation of Article 22-3 (3); 

2. A person who fails to stopprovision of a telecommunications services in violation of Article 32-3 (2); 

3. A person who fails to apply for approvalin regard to execution of an agreement in violation of Article 44(2). 

(4) A person falling under any of the following shall bepunished by a fine not exceeding 15 million won: 

1. A person who fails to report in regard to execution of an agreement inviolation of Article 44 (1) or 44 (3); 

2. A person who fails to make a report under the main text of Article 86 (3).

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

1. A person who fails to make a report as referred to in Article 10 (2) or to comply with a request forproviding the data or an order to attend as referred to in Article 11 (3) or (4); 

2. A person who, in violation of Article 19(1), fails to notify the user 60 days prior to the expected date of termination; 

2-2. A person who fails to follow the KoreaCommunications Commission’s order to submit the information under Article 22-3 (4) or submits false information; 

3. Aperson who fails to make a report under Article 26; 

4. A person who violates the obligation concerning the protection of usersunder Article 32 (1) (excluding efforts to prevent any damages to the users); 

 
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4-2. A person who fail to observe an order to submit the information under the latter partof Article 32 (2); 

4-3. A person who fails to send a copy of an agreement in violation of Article 32 (3); 

4-4. A person who fails to notify about exceeding the maximum limit of fees under Article 32-2 (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 telecommunications 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 person who refuses, avoids, or intervenes with the order to submit information or object under Article 51 (5), or thetemporary custody of the information or object submitted under the same Article; 

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

10. A person who has used proprietary telecommunicationsfacilities without receiving confirmation under Article 64(3) 

11. A person who refuses or interferes with inspection underArticle 82(1) 

12. A person who fails to report under Article 82(2) or makes a false report 

13. A person who fails to keep related data or makes false entries in such data, in contravention of the provisions of Article 83 (5);

14. 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) 

15. A person who fails to follow a request for access to, orsubmission of the information or inspection or submits a false information; 

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

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

(6) The fine for negligence under paragraphs (2) through (5) 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 paragraph (1), subparagraph 1 of paragraph (3), subparagraphs 2-2, 4-2 and 8 ofparagraph (5) shall be imposed and collected by the Korea Communications Commission, the fine for negligence under subparagraph 10 of paragraph (5) shall be imposed and collected by the mayor or governor, and the fine for negligence undersubparagraph 17 of paragraph (5) shall be imposed and collected by the Minister of Science, ICT and Future Planning or the Korea Communications Commission according to its respective competent duties. 

[Date of Enforcement: June 2, 2016] Article 104 

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 provisionsof Articles 93-2 shall be effective on the date of its announcement. 

Article 2 (Applicability to Order of Business Suspension and PenaltySurcharge In Lieu Thereof) 

The amended provisions of Articles 20 (1) 6, 27 (1) 4, 27, (2) 4, 52 (5) through (7) and 90 (1)shall apply to the administrative disposition on the violation of an order under Article 52 (1) before this Act comes into effect. 

 
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Article 3 (Applicability to Charge for Compelling Execution) 

Notwithstanding the amended provisions of Article 52 (5) and Article 2 of the Addenda, the amended provisions of Article 52-2 shallfirstly apply to the cases where the Korea Communications Commission gives an order under Article 52 (1) after this Act comes into effect. 

Article 4 (Applicability to Order of Business Suspension In Part by Entrustment of Authority and Imposition of Penalty Surcharge) 

The amended provisions of Article 93 (1) 1 and 3 shall apply to the cases where the Korea Communications Commission’s order underArticle 52 (1) is not observed before this Act comes into effect. 

Article 5 (Transitional Measures according to Enforcement of the WhollyAmended Housing Act No. 00000) 

“Subparagraph 12 of Article 2” as referred to in the amended provisions of Article69-2 (1) 2 shall be deemed as “Subparagraph 6 of Article 2” until August 11, 2016. 

 
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