1. The term “telecommunications” means transmission or reception of code, words, sound orimage through wired, wireless, optic, and other electro-magnetic processes;     2. The term “telecommunications facilities and equipment” means machinery, appliances, linesfor telecommunications, and other facilities necessary for telecommunications;     3. The term “telecommunications line facilities and equipment” means the facilities andequipment which constitute communications channels between sending and receiving points fortelecommunications among the telecommunications facilities and equipment, and the transmission andline facilities and equipment, with the exchange facilities installed as one body of thetransmission and line facilities, and all facilities attached thereto;     4. The term “telecommunications business facilities and equipment” means thetelecommunications facilities and equipment to be provided for telecommunications businesses;     5. The term “private telecommunications facilities and equipment” means thetelecommunications facilities and equipment other than the telecommunications business facilitiesand equipment, installed by an individual to be used for his own telecommunications;     6. The term “telecommunications equipments” means apparatus, machinery, parts or lineequipments, etc. used by the telecommunications facilities and equipment;     7. The term “telecommunications service” means services that mediate a third party’scommunication through the telecommunications facilities and equipment or to provide thetelecommunications facilities and equipment for the third party’s telecommunications; and     8. The term “telecommunications business” means a business that provides telecommunicationsservices.Article 3 (Supervision of Telecommunications)     The matters concerning telecommunications shall be governed by the Korea CommunicationsCommission, except the ones stipulated specifically by this Act or other Acts. <Amended by ActNo. 5219, Dec. 30, 1996; Act No. 8867, Feb. 29, 2008>Article 4 (Government Policies)     The Korea Communications Commission shall devise basic and comprehensive government policiesconcerning telecommunications to attain the purpose of this Act. <Amended by Act No. 5219, Dec.30, 1996; Act No. 8867, Feb. 29, 2008>
 

 
Article 5 (Establishment of Basic Telecommunications Plans)     (1) The Korea Communications Commission shall establish and publicly notify basictelecommunications plans (hereinafter referred to as the “basic plan”) for smooth development oftelecommunications and the promotion of the information society. <Amended by Act No. 5219, Dec.30, 1996; Act No. 8867, Feb. 29, 2008>     (2) The following matters shall be included in the basic plan of paragraph (1):     1. Matters concerning utilization efficiency of telecommunications;     2. Matters concerning maintenance of telecommunications order;     3. Matters concerning telecommunications business;     4. Matters concerning telecommunications facilities and equipment;     5. Matters concerning promotion of telecommunications technology (including technology abouttelecommunications construction; hereinafter the same shall apply); and     6. Other basic matters concerning telecommunications.     (3) The Korea Communications Commission shall consult in advance with the heads ofadministrative agencies concerned, when establishing the basic plan for the matters of paragraph(2) 4 and 5 of this Article. <Amended by Act No. 5219, Dec. 30, 1996; Act No. 8867, Feb. 29,2008>Article 6 (Annual Report)     The Government shall present an annual report on the policy and trend about telecommunicationsdevelopments to the National Assembly prior to the opening of the regular session.Article 7 (Classification of Telecommunications Business Operator)     The telecommunications business operator shall be classified as the key communicationsbusiness operator, the special communications business operator and the value-added communicationsbusiness operator pursuant to the Telecommunications Business Act. <Amended by Act No. 5385,Aug. 28, 1997>     [This Article Wholly Amended by Act No. 4905, Jan. 5, 1995]
 

 
CHAPTER II PROMOTION OF TELECOMMUNICATIONS TECHNOLOGYArticle 8 (Establishment and Execution of Enforcement Plan for Technology Development)     (1) The Minister of Knowledge Economy shall establish and execute enforcement plans for thedevelopment of telecommunications technology as stipulated in Article 5 (2) 5. <Amended by ActNo. 5219, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008>     (2) The following matters shall be included in the enforcement plans of the above paragraph(1):     1. Matters concerning the research and development of telecommunications technology;     2. Matters concerning the training and the supply and demand of telecommunicationstechnicians;     3. Matters concerning the adoption of new telecommunications technologies and modes;     4. Matters concerning the standardization of telecommunications technologies;     5. Matters concerning promotion of telecommunications technology research institutes andorganizations;     6. Matters concerning the international cooperation of telecommunications technology; and     7. Other matters concerning the development of telecommunications technology.Article 9 (Management of Technical Information on Telecommunications)     (1) The Minister of Knowledge Economy shall devise measures necessary for the systematic andcomprehensive management and the popularization of technical information on telecommunications forthe promotion of telecommunications technology. <Amended by Act No. 5219, Dec. 30, 1996; Act No.8852, Feb. 29, 2008>     (2) The Minister of Knowledge Economy may give advance notices of new technology concerningtelecommunications for harmonious telecommunications development. <Amended by Act No. 5219, Dec.30, 1996; Act No. 8852, Feb. 29, 2008>Article 10 (Promotion of Research Institutes, etc.)     (1) The Minister of Knowledge Economy shall guide and promote telecommunications research
 

 
institutes and organizations for the development of telecommunications. <Amended by Act No.5219, Dec. 30, 1996 ; Act No. 8852, Feb. 29, 2008>     (2) The Government may give financial aid to the institutes and organizations under the aboveparagraph (1).     (3) Deleted. <by Act No. 6231, Jan. 28, 2000>     (4) The scope of the institutes and organizations under above paragraph (1), the ways forguidance and promotion thereof and other necessary matters shall be prescribed by the PresidentialDecree.Article 11 (Designation of Research Projects, etc.)     (1) The Minister of Knowledge Economy may select research projects concerningtelecommunications technology and designate researchers, when necessary for research anddevelopment of telecommunications technology. <Amended by Act No. 5219, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008>     (2) Matters necessary for selection of research projects, designation of researchers andsupport for the research expenses, etc., under paragraph (1) shall be prescribed by thePresidential Decree.Article 12 (Contribution for Research and Development)     (1) For the promotion of telecommunications technology, the Minister of Knowledge Economy maycause the following persons to contribute certain amount corresponding to certain rate within 1/100of the annual sales, as prescribed in the Presidential Decree, to the Information CommunicationPromotion Fund under Article 33 of the Informatization Promotion Act, unless the person makespayment for the allocation of frequency pursuant to Article 11 of the Frequency Act. <Amended byAct No. 8867, Feb. 29, 2008>     1. A key communications business under Article 5 of the Telecommunications Business Act.     2. A specific communications business operator under Article 19 of the TelecommunicationsBusiness Act.     3. Other person required by the Presidential Decree to pay contribution to research anddevelopment relating to telecommunication.     (2) Persons subject to the contribution, rate of contribution, limit of contribution, andother necessary matters relating to the calculation standards and procedure for the contributionshall be determined by the Presidential Decree.     (3) The Minister of Knowledge Economy may exempt certain persons with business scope orpayment capability that fall short of certain standard from, or reduce the amount of, thecontribution under Paragraph (1) pursuant to the Presidential Decree. <Amended by Act No. 8852,Feb. 29, 2008>     (4) The Minister of Knowledge Economy may charge and impose certain default charges prescribedby the Presidential Decree on persons subject to the contribution pursuant to Paragraph (1), whodefault in
 

 
payment. <Amended by Act No. 8852, Feb. 29, 2008>     (5) The Minister of Knowledge Economy may per disposition on default of national taxes collectthe contribution under Paragraph (1) and the default charges under Paragraph (4) if they are notpaid by the payment due date. <Amended by Act No. 8852, Feb. 29, 2008><Wholly amended Dec. 30, 2005>Article 13 (Technical Guidance)     (1) The Minister of Knowledge Economy shall provide technical guidance for technicalstandardization, technical training, supply of technical information or cooperation withinternational organizations, etc., to a manufacturer of telecommunications equipments and materials(hereinafter referred to as the “manufacturer of telecommunications equipments and materials”) or aconstructor of information and telecommunications works under the Information and CommunicationsWork Business Act, when necessary for an accurate application of telecommunications modes andstandards, etc., of telecommunications equipments and materials from their manufacturing stage andfor securing quality of telecommunications works. <Amended by Act No. 5219, Dec. 30, 1996; ActNo. 5386, Aug. 28, 1997 ; Act No. 8852, Feb. 29, 2008>     (2) The subjects, contents and other necessary matters of technical guidance under paragraph(1) above shall be prescribed by the Presidential Decree.Articles 14 and 15 Deleted. <by Act No. 5219, Dec. 30, 1996>Article 15-2 Deleted. <by Act No. 5733, Jan. 29, 1999>CHAPTER III TELECOMMUNICATIONS FACILITIES AND EQUIPMENTSECTION 1 Telecommunications Facilities and Equipment for BusinessArticle 16 (Maintenance and Repair of Telecommunications Facilities and Equipment)     The telecommunications business operator shall maintain and repair his telecommunicationsfacilities and equipment so as to have them compatible with technical criteria as determined by thePresidential Decree, for a stable supply of his telecommunications services. <Amended by Act No.5219, Dec. 30, 1996 ; Act No. 8867, Feb. 29, 2008 >Article 17 (Installation Report of Telecommunications Facilities and Equipment, and Approvalthereon, etc.)
 

 
     (1) Any key communications business operator shall, where he intends to install or alter majortelecommunications facilities and equipment, file in advance a report thereon with the KoreaCommunications Commission under the conditions as prescribed by the Presidential Decree: Provided,That with respect to any telecommunications facilities and equipment which are first installedunder a new telecommunications technology mode, an approval shall be obtained from the KoreaCommunications Commission under the conditions as determined by the Presidential Decree.<Amended by Act No. 5219, Dec. 30, 1996; Act No. 6231, Jan. 28, 2000 ; Act No. 8867,Feb. 29, 2008 >     (2) The scope of major telecommunications facilities and equipment under paragraph (1) shallbe prescribed and publicly announced by the Korea Communications Commission. <Amended by Act No.5219, Dec. 30, 1996 ; Act No. 8867, Feb. 29, 2008 > Article 18 (Joint Installation of Telecommunications Facilities and Equipment)     (1) The key communications business operator may jointly construct and use thetelecommunications facilities and equipment with other key communications business operators. Inthis case, the key communications business operator shall make in advance a consultation withanother key communications business operator. <Newly Inserted by Act No. 6602, Jan. 14,2002 ; Act No. 8867, Feb. 29, 2008 >     (2) The Korea Communications Commission may, in case where a key communications businessoperator makes a consultation under paragraph (1), investigate and provide the requiredinformation, under the Presidential Decree. <Amended by Act No. 6602, Jan. 14, 2002 ;Act No. 8867, Feb. 29, 2008 >     (3) The Korea Communications Commission may, in order to effectively perform the investigationof data under paragraph (2), have a specialized institution in the field of telecommunicationsperform the relevant investigation under the conditions as prescribed by the Presidential Decree.<Newly Inserted by Act No. 6602, Jan. 14, 2002 ; Act No. 8867, Feb. 29, 2008 >     (4) The Korea Communications Commission may, where it falls     under any of the following subparagraphs, advise the key communications business operatorunder paragraph (1) to jointly construct the telecommunications facilities and equipment, under theconditions as prescribed by the Presidential Decree: <Newly Inserted by Act No. 6602, Jan. 14,2002 ; Act No. 8867, Feb. 29, 2008 >     1. Where the consultation under paragraph (1) has not been achieved, and where there exists arequest from the relevant key communications business operator; and     2. Where deemed necessary for promoting the public interests.
 

 
     (5) Where it is necessary to use the land or structures, etc. owned by the State, localgovernment, government-invested institution, or other key telecommunications business operator fora joint installation of telecommunications facilities and equipment, and where an agreement is notreached on it, the key communications business operator may ask the Korea Communications Commissionfor his cooperation in the use of the relevant land or structures, etc.     (6) The Korea Communications Commission may, upon receipt of a request for his cooperationunder paragraph (5), ask the head of the State agency, local government or government-investedinstitution or other key communications business operator to comply with a consultation on the useof the relevant land or structures, etc. with the key communications business operator who hasasked for a cooperation under paragraph (5). In this case, the State agency, local government, orthe head of governmentinvested institution or other key communications business operator shallcomply with a consultation with the key telecommunications business operator unless there exist anyjustifiable causes. <Amended by Act No. 6602, Jan. 14, 2002 ; Act No. 8867, Feb. 29,2008 >     [This Article Wholly Amended by Act No. 5219, Dec. 30, 1996]Article 19 Deleted. <by Act No. 5219, Dec. 30, 1996>SECTION 2 Private Telecommunications Facilities and EquipmentArticle 20 (Installation of Private Telecommunications Facilities and Equipment)     (1) A person who intends to install private telecommunications facilities and equipment shallreport thereon to the Korea Communications Commission under the conditions as prescribed by thePresidential Decree. The same shall also apply in case where he intends to alter the importantmatters as determined by the Presidential Decree from among the reported matters. <Amended byAct No. 4905, Jan. 5, 1995; Act No. 5219, Dec. 30, 1996 ; Act No. 8867, Feb. 29, 2008>     (2) Notwithstanding the provisions of paragraph (1), the private telecommunications facilitiesand equipment with wireless modes, the military telecommunications facilities and equipment, etc.,which are specially stipulated by other statutes, shall be governed by such statutes.     (3) A person who has made a report or a modified report on the installation of privatetelecommunications facilities and equipment under paragraph (1) shall obtain, upon completion of aninstallation work or a modifying work, a confirmation by the Korea Communications Commission, priorto their use, under the conditions as stipulated by the Presidential Decree. <Newly Inserted byAct No. 4905, Jan. 5, 1995; Act No. 5219, Dec. 30, 1996 ; Act No. 8867, Feb. 29, 2008 >
 

 
     (4) Any private telecommunications facilities and equipment prescribed by thePresidential Decree may, notwithstanding the provisions of paragraph (1), be installed withoutfiling any report. <Newly Inserted by Act No. 6231, Jan. 28, 2000 ; Act No. 8867, Feb.29, 2008 >Article 21 (Restriction on Use Beyond Its Purpose)     (1) Any person who has installed the private telecommunications facilities and equipment shallnot mediate a third party’s communications with the facilities, nor operate the facilities againstthe installation purpose: Provided, That this shall not apply to cases of special provisions inother statutes or of uses falling under any of the following subparagraphs, within the limits notagainst the installation purposes: <Amended by Act No. 4905, Jan. 5, 1995; Act No. 5219, Dec.30, 1996; Act No. 6602, Jan. 14, 2002; Act No. 8867, Feb. 29, 2008>     1. In case of use for maintaining public peace or providing emergency rescue mission by theperson engaged in police or accident rescue works;     2. In case of use, prescribed by the Korea Communications Commission, between the person whoinstalled private telecommunications facilities and equipment and the one specially related withhim for the purpose of work; and     3. Deleted. <by Act No. 6602, Jan. 14, 2002>     (2) Any person who has installed his private telecommunications facilities and equipment mayprovide telecommunications facilities and equipment including line tracks, line equipments, etc.,to the key communication business operator, pursuant to the Presidential Decree.     (3) The provisions of Articles 33-5, 34-6 (excluding paragraph (5)), and 35 of theTelecommunications Business Act shall apply mutatis mutandis to the above paragraph (2) concerningthe supply of facilities and equipment. <Amended by Act No. 4905, Jan. 5, 1995; Act No. 5219,Dec. 30, 1996>     (4) Deleted. <by Act No. 6602, Jan. 14, 2002>Article 22 (Securing of telecommunications in Case of Emergency)     (1) The Korea Communications Commission may order the person who installed privatetelecommunications facilities and equipment to provide telecommunications services or otherimportant communication services, or to interconnect the private facilities and equipment inquestion with other telecommunications facilities and equipment, when war, natural disaster orother national emergency situation corresponding to such happens or is likely to happen. This shallapply mutatis mutandis to the provisions concerning telecommunications services under theTelecommunications Business Act.
 

 
<Amendedby Act No. 5219, Dec. 30, 1996 ; Act No.8867, Feb. 29, 2008 >     (2) The Korea Communications Commission may make the key telecommunications business operatordeal with such services, when deemed necessary of paragraph (1). <Amended by Act No. 5219, Dec.30, 1996 ; Act No. 8867, Feb. 29, 2008>     (3) The expenses necessary for performing the services or for interconnection of thefacilities of paragraph (1) shall be borne by the Government: Provided, That when the privatetelecommunications facilities and equipment are provided for telecommunications services, then thekey communications business operator provided with the facilities, shall bear such expenses.Article 23 (Orders for Correction, etc.)     (1) The Korea Communications Commission may, when any person who has installed the privatetelecommunications facilities and equipment violates this Act or the orders under this Act, orderhim to make a correction thereof with fixing a specified period. <Amended by Act No. 5219, Dec.30, 1996; Act No. 6231, Jan. 28, 2000; Act No. 8867, Feb. 29, 2008>     (2) The Korea Communications Commission may, when any person who has installed the privatetelecommunications facilities and equipment falls under any of the following subparagraphs, orderhim to suspend the relevant uses with fixing a period of not more than one year: <Newly Insertedby Act No. 6231, Jan. 28, 2000>     1. Where he fails to execute an order under paragraph (1);     2. Where he uses the private telecommunications facilities and equipment without obtaining aconfirmation in contravention of Article 20 (3); and     3. Where he intermediates other’s communications or operates the private telecommunicationsfacilities and equipment in a manner contrary to the installation purposes, in contravention ofArticle 21 (1).     (3) The Korea Communications Commission may, where deemed that any private telecommunicationsfacilities and equipment impede other’s telecommunications or likely undermine other’stelecommunications facilities and equipment, order the person who has installed the relevantfacilities and equipment to suspend a use of them or to renovate or repair them, or take othermeasures. <Amended by Act No. 5219, Dec. 30, 1996; Act No. 8867, Feb. 29, 2008>Article 24 (Imposition of Penalty Surcharge)     (1) The Korea Communications Commission may, in issuing an order to suspend a use of anyprivate
 

 
telecommunications facilities and equipment under Article 23 (2), and where a suspension ofthe relevant use is likely to cause any serious inconveniences to users of telecommunicationsservices which are rendered by using such private telecommunications facilities and equipment, orto undermine other public interests, impose a penalty surcharge of not exceeding 1 billion won inlieu of such order to suspend the relevant use. <Amended by Act No. 8867, Feb. 29, 2008>     (2) Classifications of the violating acts subject to the imposition of a penalty surchargeunder paragraph (1), the amount of penalty surcharge as determined by the relevantlevels and other necessary matters shall be prescribed by the Presidential Decree. <Amended byAct No. 8867, Feb. 29, 2008>     (3) The Korea Communications Commission shall, where any person liable for the payment of apenalty surcharge under paragraph (1) fails to pay such penalty surcharge by a payment term,collect it according to the example of a disposition on the national taxes in arrears. <Amendedby Act No. 8867, Feb. 29, 2008>     [This Article Newly Inserted by Act No. 6231, Jan. 28, 2000]SECTION 3 Technical Standards, etc. for Telecommunications Facilities and Equipment