communications services under section C; the same shall apply hereinafter);       B. Local public phone services: Telephone services mediating thecommunications using public phones; or        C. Island communications services: Telephone services wirelessly mediating thecommunications between the land and the island or between the islands.  2. Telephone services for emergency communications: Telephone services for maintainingsocial order and safety which fall under any of the following:        A. Of the key communications services under subparagraphs 1 and 2 of Article7, the special number telephone services as specified and promulgated by the KoreaCommunications Commission; or        B. Wireless vessel telephone services: Of the key communications service undersubparagraph 2 of Article 7, the telephone services mediating the communicationsbetween the land and the vessel, or between vessels.  3. Telephone services whose fees are reduced or exempted for the handicapped and the lowincome class: telephone services offered to the handicapped and the low income class forpromoting social welfare which fall under any of the following:        A. Local phone services and the telephone services between the Calling Areas(hereinafter referred to as “long-distance phone service”);        B. Number information service as incidental service of local phone service andlong-distance phone service;        C. Of the key communications services under subparagraph 2 of Article 7, mobile phoneservice, personal portable communications service, and wireless calling service; or        D. Internet subscriber access service.
 

 
  (3) Those who are subject to the reduction of telephone service fees under subparagraph 3of paragraph (2) shall be the person falling under any of the following:   1. The disabled, welfare facilities for the disabled, and welfare organizations for thedisabled pursuant to the Welfare of Disabled Persons Act;   2. The special schools pursuant to the Elementary and Secondary Education Act;   3. The child welfare facilities pursuant to the Child Welfare Act;   4. The recipient under the National Basic Living Security Act (hereinafter referred to asthe “Recipient”) who falls under any of the following (In the case of local/long-distancetelephone services, Internet subscriber access service, the household comprised of thosefalling under any of the following):        A. The Recipient aged below 18 or over 65;        B. The severely disabled pursuant to subparagraph 2 of Article 2 of the EmploymentPromotion and Vocational Rehabilitation of Disabled Persons Act;        C. The person who needs treatment or recuperation for not less than three months fordisease/damage or sequela thereof other than the disease or damage specified by theMinister of Health and Welfare, and Family Affairs pursuant to subparagraph 2 of Article 7of the Enforcement Decree of the National Basic Living Security Act;        D. The person incapable of work as deemed by the Minister of Health and Welfare, andFamily Affairs pursuant to subparagraph 5 of Article 7 of the Enforcement Decree of theNational Basic Living Security Act;
 

 
  5. The Korea Disabled Veterans Organization and the 4**•**19 Democratic Revolution Organizationpursuant to the Act on the Establishment of Associations by Persons, etc. of DistinguishedServices to the State;   6. The person of distinguished services to the state pursuant to the Act on the HonorableTreatment and Support of Persons, etc. of Distinguished Services to the State who is apolice officer or soldier wounded in war or on duty, a person injured during the 4**•**19Democratic Revolution, a public official wounded on duty, or the injured with Special Meritfor Development of State of Society and the 6**•**18 Freedom injured; and   7. The person of distinguished services to the 5 • 18 Democratization Movement pursuant tothe Act on the Honorable Treatment of Persons of DistinguishedServices to the 5 • 18Democratization Movement who is a person injured during the 5 • 18 Democratization Movement.**Article 3 (Designation of Telecommunications Business Operator who Provides Universal Services)**  (1) When the Korea Commissions Commission intends to designate a telecommunicationsbusiness operator who provides universal services (hereinafter referred to as a “businessoperator providing universal services”) pursuant to Article 3-2 (4) of the Act, theInformation and Communications Policy Deliberation Council as prescribed in Article44-2 of the “Framework Act on Telecommunications” shall deliberate thereon.   (2) The telecommunications business operator who is designated as a business operatorproviding universal services pursuant to paragraph (1) shall submit, to the KoreaCommunications
 

 
  Commission every year not later than the end of the year preceding the provision of relevant services, a written plan for provision of universal services whichincludes the method of, and the expenses for, providing the relevant services.**Article 4 (Replenishment of Losses Incurred from Provision of Universal Services)**  (1) The Korea Communications Commission may have the telecommunications business operators,who are not business operators providing universal services, bear the fund for replenishingwhole or part of the losses incurred from a provision of universal services by businessoperators providing universal services (hereinafter referred to as the “money to replenishlosses from universal services”) in proportion to their turnovers.   (2) A business operator providing universal services, who intends to receive the money toreplenish losses from universal services, shall submit a report on the actual results of aprovision of universal services, which is prepared to include expenses for and incomes andlosses from the provision thereof, to the Korea Communications Commission within threemonths after the expiration of the relevant fiscal year.   (3) The Korea Communications Commission may, if deemed necessary for the verification ofthe report on actual results of a provision of universal services pursuant to paragraph(2), request a specialized institution to examine it.**Article 5 (Services Eligible for Money to Replenish Losses from Universal Services)**
 

 
  (1) The scope of the universal services eligible for money to replenish losses fromuniversal services shall be any of the following:   1. The local telephone service under section A of subparagraph 1 of Article 2 (2) in thearea in which the costs required for the provision of service (i.e. the costs calculated bythe methods promulgated by the Korea Communications Commission with the population density,the number of lines, and the operational efficiency of communications network taken intoaccount; the same shall apply in subparagraph 2 and Article 6 (1)) exceed the revenues(including indirect benefits, such as improved brand value and preference by subscribers bythe provision of universal services; the same shall apply in subparagraph 2 and Article 6(1));   2. The local public telephone service under section B of subparagraph 1 of Article 2 (2) inthe area in which the costs required for the provision of service exceed the revenues;   3. The island communications service under section C of subparagraph 1 of Article2 (2); or   4. The wireless vessel telephone service under section B of subparagraph 2 of Article 2(2).   (2) “(T)he telecommunications business operator determined by the Presidential Decree” inArticle 3-2 (2) of the Act shall mean the special communications business operator,value-added communications business operator and local wireless calling businessoperator, and “the amount as prescribed by the Presidential Decree” shall mean 30 billionKorean Won.**Article 6 (Calculation Method of Monty to Replenish Losses from Universal Services)**
 

 
  (1) Losses resulting from the provision of the universal services falling under any of thesubparagraphs of Article 5 (1) shall be the amount resulting from a subtraction of thecosts required for the provision of such services from the revenues.   (2) The money to replenish potential losses from universal services shall be calculated bymultiplying the amount calculated pursuant to paragraph (1) by the loss replenishment ratedetermined and promulgated by the Korea Communications Commission. Provided, however, thatin the case of the wireless vessel telephone service under subparagraph 4 of Article 5 (1),the management efficiency target fund determined and promulgated by the KoreaCommunications Commission shall be the money to replenish potential losses from universalservices.   (3) The money to replenish losses from universal services shall be obtained by subtractingfrom the money to replenish potential losses from universal services the following:        1. The amount shared by the telecommunications business operator who provides theuniversal services in any of the subparagraphs in Article 5 (1) based on the revenue of thetelecommunications services (excluding value-added communications services) other than suchuniversal services; and        2. The amount determined by the Korea Communications Commission by considering thesharing capacity of the telecommunications business operator who shares money to replenishlosses from universal services (the “loss-sharing business operator”);   (4) The loss-sharing business operator shall share the money to replenish losses fromuniversal services calculated pursuant toparagraph (2) in proportion to its telecommunications services (excluding value-addedcommunications services) revenue.
 

 
  (5) Necessary details concerning the telephone service fee reduction rate for the disabledand the low-income class, the method of calculating money to replenish losses fromuniversal services, the standards for sharing and weighted sharing/adjustment shall bedetermined and promulgated by the Korea Communications Commission.**CHAPTER 2 TELECOMMUNICATIONS BUSINESS****Article 7 (Types and Contents of Key Communications Services)**  The types and contents of the key communications services pursuant to Article 4 (2) shall beas follows, except for the telecommunications services which utilize the following servicesto transmit or receive electromagnetic signals, such as voice, data, and video, withoutchanging their contents or format:   1. Transmission services: telegram/telephone/Internet access and other suchtelecommunications services transmitting or receiving electromagnetic signals such asvoice/data/video;   2. Services provided with an allocated frequency: Telecommunications services which utilize aradio station using the frequency allocated pursuant to Article 11 or Article 12 of the RadioWaves Act to transmit or receive electromagnetic signals, such as voice, data, and video,without changing their contents or format:   3. Telecommunications line facilities leasing services: Telecommunications services fortelecommunications line facilities leasing services**Article 8 (Scope of the Premises)**
 

 
  In subparagraph 2 of Article 4 (3) of the Act, the “premises determined by the PresidentialDecree” shall mean any of the following:   1. A single building;   2. A single site (only if owned by one person or under common ownership) and buildingswithin such site;   3. Two or more buildings owned by a single person and their site (only if the distancein a straight line between the buildings is less than 500 meters); or   4. A building or site adjacent to the buildings or sites under subparagraphs 1 through 3which was promulgated by the Korea Communications Commission after deliberation of theInformation and Communication Policy Deliberation Committee pursuant to Article 44-2 ofthe Framework Act on Telecommunications.**Article 9 (Application for License, etc.)**  (1) A person who intends to obtain a license pursuant to Article 5 (1) of the Actmay make an application in the name of the representative of a juristic person, or of thename of representative of the stockholders, etc. of a juristic person to be established.   (2) If the Korea Communications Commission intends to give a public notice pursuant toArticle 5 (4) of the Act, the subject matters shall be deliberated in advance bythe Information and Communications Policy Deliberation Council as stipulated in Article44-2 of the “Framework Act on Telecommunications”: Provided, That this shall not applyto the license on the minor business pursuant to proviso of Article 5 (2) of theAct.**Article 10 (Attachments, etc. for Application for License)**
 

 
  (1) Any person who intends to obtain a license for key communications businesspursuant to Article 5 (1) of the Act shall submit to the Korea Communications Commissionan application for a license of key communications business with the following documentsattached to it:   1. The Articles of Incorporation of the corporation (including the corporation tobe incorporated; the same shall apply hereinafter in this Article);   2. The shareholders’ register of the corporation or documentation concerning theowning of shares, etc. by shareholders, etc.; and   3. A business plan.   (2) The public official in charge who received an application for a licensepursuant to paragraph (1) shall verify a certified copy of the corporate registerthrough the common use of administrative information pursuant to Article 21 (1) of theElectronic Government Act, or, if the applicant does not consent to such verification,cause the applicant to attach such document to the application.**Article 11 (Exceptions to the Deliberation of the Information and Communication Policy DeliberationCommittee)**  In the proviso of Article 5 (2) of the Act, “the minor business as prescribed by thePresidential Decree” shall mean any business providing the services under subparagraph 2of Article 7 which are promulgated by the Korea Communications Commission.**Article 12 (Issuance of a License, etc.)**  (1) When it licenses a key communications business pursuant to Article 5 (1) of the Act orpermits any changes regarding addition to the key communications services pursuant toArticle 10 (1) of the
 

 
  Act, the Korea Communications Commission shall issue a key communications business operator license after specifying in the license register the following:  1. The license number and license date;   2. The trade name or the name, and the name of the representative;   3. The type, contents and business district of the telecommunicationsservices;   4. The location of the principal office;   5. The capital or asset value;   6. The description and installation place of the major facilities for business;   7. Matters on technical manpower; and   8. License conditions   (2) In the event that the license issued pursuant to paragraph (1) has been lostor damaged, the key communications business operator may file with the KoreaCommunications Commission for an application for re-issuance specifying the reason.**Article 13 (Examination Criteria etc. for Public Interest Nature)**  (1) The term “public interests as prescribed by the Presidential Decree” in other portionsthan each subparagraph of Article 6-3 (1) of the Act means the maintenance ofnational security and public peace and order.
 

 
  (2) The term “important management matters prescribed by the Presidential Decree” inArticle 6-3 (1) 3 of the Act means the matters falling under each of the followingsubparagraphs:   1.Appointment and dismissal of the representative director of a key communicationsbusiness, or appointment and dismissal of more than one third of the executives;   2.Transfer and takeover of a key communications business; and   3.Entrance by a key communications business operator into a new key communicationsbusiness.   (3) The term “case prescribed by the Presidential Decree” in Article 6-3 (1) 4 of theAct means the case where a de facto change is made in the management right of a keycommunications business operator by an agreement of stockholders who are not the biggeststockholder of a key communications business operator to jointly exercise voting rights.**Article 14 (Scope of Key Communications Business Operators Subject to Examination of Public Interest Nature)**  A key communications business operator is required to file a report or entitled to requestfor examination if:        1. it is operating and managing the important communications under Article 64 (1);        2. it owns a satellite on which the space station is established pursuant tosubparagraph 30 of Article 27 of the Enforcement Decree of the Radio Waves Act;        3. it is designated and promulgated by the Korea Communications Commission pursuantto Article 39 (2).
 

 
**Article 15 (Procedures of Examination for Public Interest Nature)**  (1) Any person who intends to file a report or request for examination pursuant to Article6-3 (2) and (3) of the Act shall submit to the Korea Communications Commission thedocumentation specifying the following:   1. The name and address of the reporter or the requester of examination (if a corporation, thename and address of such corporation and the name and address of the representative of suchcorporation);   2. The purpose and reason of filing a report or requesting for examination;   3. Details of the facts falling under any of the subparagraphs of Article 6-3 (1);   (2) The Korea Communications Commission may, if deemed necessary, request to complement thesubmitted documents by specifying a considerable period.   (3) For any matters submitted to the Public Interest Nature Examination Committeeby the Korea Communications Commission pursuant to Article 6-3 (4) of the Act, thePublic Interest Nature Examination Committee shall, except by special reasons, notifythe Korea Communications Commission of the examination result within three months fromthe date of submission.   (4) The Korea Communications Commission shall notify the reporter or requester ofexamination of the result of the public interest nature examination conducted pursuant toparagraph (3).**Article 16 (Composition etc. of Public Interest Nature Examination Committee)**
 

 
  (1) The term “related central administrative agencies prescribed by the PresidentialDecree” in other portions than each subparagraph of Article 6-4 (2) of the Actmeans the agencies falling under each of the following subparagraphs:   1.The Ministry of Strategy & Finance;   2.The Ministry of Foreign Affairs and Trade;   3.The Ministry of Justice;   4.The Ministry of National Defense;   5.The Ministry of Public Administration and Security; and   6.The Ministry of Knowledge Economy.   (2) The term of office of the members shall be two years and the consecutive appointmentmay be permitted: Provided, That the term of office of the members who are public officials shall be the period of service in theirpositions.**Article 17 (Operation etc. of Public Interest Nature Examination Committee)**  (1) The chairman of the Public Interest Nature Examination Committee shall represent thePublic Interest Nature Examination Committee and exercise the overall control of itsaffairs.   (2) If the Chairman is unable to perform his duties due to inevitable reasons, a member aspreviously nominated by the Chairman shall act on his behalf.
 

 
  (3) The Chairman shall convene and preside over a meeting of the Public Interest NatureExamination Committee.   (4) The deliberation of a meeting of the Public Interest Nature Examination Committee shallstart by the attendance of a majority of all incumbent members, and its resolution shallrequire the consent of a majority of those present.   (5) The Public Interest Nature Examination Committee shall have one secretary general inorder to deal with its affairs, but the secretary general shall be nominated by theChairman from among the public officials belonging to the Korea Communications Commission.   (6) Other matters necessary for an operation of the Public Interest Nature ExaminationCommittee shall be determined by the Chairman by going through a resolution of the PublicInterest Nature Examination Committee.**Article 18 (Imposition and Payment etc. of Charge for Compelling Execution)**  (1) When the Korea Communications Commission determines the amount of charges forcompelling execution pursuant to Article 7-2 of the Act, he shall take into accountof the reasons for failing to comply with the corrective orders and the scale of benefits etc. to be gained by failing tocomply with the corrective orders.   (2) The date of complying with corrective orders pursuant to Article 7-2 (2) of theAct shall be based on the classifications falling under each of the followingsubparagraphs:   1.Date of delivering stocks in the case of disposal of stocks;
 

 
  2.Date of concluding a contract in the case of changes in the details of contract; and   3.Date of suspending the relevant acts in the case of suspending the acts impeding publicbenefits.   (3) Where the Korea Communications Commission intends to impose the charges for compellingexecution pursuant to Article 7-2 of the Act, he shall make a notification inwriting that clarifies the amount of charges for compelling execution per day, reasons forimposition, payment term and receiving agency, methods of raising objections, and agencieswhereto objections are raised etc.   (4) Any person who has been notified pursuant to paragraph (3) shall pay the charges forcompelling execution within 30 days from the date of receiving the notice: Provided, Thatwhen he is unable to pay the charges for compelling execution within the said period due tothe natural disaster or other inevitable causes, he shall pay it within 30 days from theday on which the said causes have disappeared.   (5) When the Korea Communications Commission collects the charges for compelling execution,if the execution of corrective orders has not been made even after 90 days elapsed from thedate of completing the period as set by the corrective orders, he may collect the chargesfor compelling execution on the basis of the date on which each 90 days elapse by reckoningfrom the said completing date.   (6) Article 49 shall apply mutatis mutandis to the reminder of charges for compellingexecution.**Article 19 (Permission of Changes)**
 

 
  (1) Any person who intends to obtain permission of changes to the key communicationsbusiness pursuant to the main text of Article 10 (1) and Article 10 (2) of the Act shallsubmit to the Korea Communications Commission an application for permission of changes tothe key communications business with the following documents attached to it:        1. Addition to the key communications services: a business proposal; and        2. Important changes to the authorized matters: documentation that can confirmthe plans for change.   (2) Detailed examination criteria concerning addition to the key communications servicespursuant to the main text of Article 10 (1), the timing of filing an application forpermission of changes, the relationship with the application for new permission and otherguidelines on the permission of changes shall be promulgated by the Korea CommunicationsCommission.   (3) In the proviso of Article 10 (1) of the Act, “a key communications service prescribedby the Presidential Decree” shall mean the telecommunications facilities leasing serviceunder subparagraph 3 of Article 7.   (4) In Article 10 (2) of the Act, the “important matters prescribed by the PresidentialDecree” shall mean the matters concerning subparagraph 8 of Article 12 (1).**Article 20 (Application for Authorization of Assignment and Merger, etc.)**  (1) Any person who intends to obtain authorization of the assignment of the business of akey communications business operator in whole or in part pursuant to subparagraph 1 ofArticle 13 (1) shall submit to the Korea Communications Commission an application forauthorization of assignment of a key
 

 
  communications business with the following documents attached to it:        1. A copy of the assignment agreement;        2. The Articles of Incorporation of the assignor/assigns and any evidentiarydocumentation relating to the assignment;        3. The shareholders’ register of the assigns or the documentation concerningthe owning of shares, etc. by shareholders, etc.;        4. The business status of the assignor/assigns; and        5. A plan for business subsequent to the assignment.   (2) Any person who intends to obtain authorization of the merger of corporations as keycommunications business operators pursuant to subparagraph 2 of Article 13 (1) shallsubmit to the Korea Communications Commission an application for authorization of themerger of key communications businesses with the following documents attached to it:        1. A copy of the merger agreement;        2. The Articles of Incorporation of the parties to the merger and anyevidentiary documentation relating to the merger;        3.The shareholders’ register of the corporation surviving subsequent to themerger or established as a result of the merger, or the documentation concerning theowning of shares, etc. by shareholders, etc.;        4. The business status of the parties to the merger; and        5. A plan for business subsequent to the merger.
 

 
  (3) Any telecommunications business operator who intends to obtain authorization of thesale of the telecommunications line facilities pursuant to subparagraph 3 of Article 13(1) shall submit to the Korea Communications Commission an application for authorizationof the sale of telecommunications line facilities with the following documents attached toit:        1. A copy of the telecommunications line facilities sale and purchaseagreement;        2. The Articles of Incorporation of the seller/purchaser and any evidentiarydocumentation relating to the sale and purchase;        3. The shareholders’ register of the seller/purchaser or documentationconcerning the owning of shares, etc. by shareholders, etc.;        4. The business status of the seller/purchaser; and        5. A plan for business subsequent to the sale.   (4) Any person who intends to own not less than fifteen hundredths of the total sharesissued by a key communications business operator or become the largest shareholder of akey communications business operator pursuant to subparagraph 4 of Article 13 (1) of theAct shall submit to the Korea Communications Commission an application for authorizationof the share ownership (the largest shareholder) of a key communications business with allof the following documents attached to it:  1. A copy of the share acquisition agreement and other relevant evidentiarydocumentation necessary for the acquisition of shares;
 

 
  2. The Articles of Incorporation of the share purchaser or the personintending to become the largest shareholder and the other party;   3. The shareholders’ status of the share purchaser or the person intending tobecome the largest shareholder and the other party;   4. The business status of the share purchaser or the person intending tobecome the largest shareholder and the other party;   5. The purpose and reason, and the analysis of the effects, of the acquisitionof shares;   6. A plan for interlocking directorate (limited to the case where such a planexists with respect to the other party exists); and   7. A business plan subsequent to the acquisition of shares (limited to casewhere the person intends to become the largest shareholder).   (5) The public official in charge who received an application for authorization of theassignment/merger/sale/acquisition of shares or change of the largest shareholder shallverify a certified copy of the corporate register of the party to suchassignment/merger/sale/acquisition of shares or change of the largest shareholder throughthe common use of administrative information pursuant to Article 21 (1) of the ElectronicGovernment Act. Provided, however, that if the applicant does not consent to suchverification, the public official shall cause the applicant to attach such document to theapplication.   (6) Once it authorized the application for authorization of the assignment or mergerpursuant to paragraph (1) or paragraph (2), the Korea Communications Commission shallissue a key communications business operator license.
 

 
**Article 21 (Criteria of Key Telecommunications Circuit Facilities)**  In the proviso in the parts other than the subparagraphs of Article 13 (1), “keytelecommunications circuit installations as prescribed by the Presidential Decree” shallmean the switch facilities, transmission facilities, and line facilities as provided undersubparagraphs 8 through 10 of Article 3 of the Regulations on the Technical Standards ofTelecommunications Facilities, of which the sale value amounts to not less than 5 billionKorean Won.**Article 22 (Report of the Sale of Telecommunications Circuit Facilities)**  Any person who intends to file a report of the sale of telecommunications circuitfacilities pursuant to the proviso in the parts other than the subparagraphs of Article 13(1) shall submit to the Korea Communications Commission a report of the sale oftelecommunications circuit facilities with the following documents attached to it:   1. A copy of the telecommunications circuit facilities sale agreement andother sale-related evidentiary documentation;    2. The type, description, and sale amount of the facilities to sell; and    3. A post-sale plan for service offering and user protection.**Article 23 (Establishment of a Corporation for Offering Key Communications Services)**  (1) Any key communications business operator who intends to obtain approval of theestablishment of a corporation designed to provide part of the key communications servicesauthorized pursuant to Article 13 (2) of the Act shall submit to the Korea CommunicationsCommission an application for approval of the establishment of a corporation providing keycommunications
 

 
  services (including an application in electronic format) with the followingdocuments (including electronic documents) attached to it; Provided, however, that if theinformation on the attached documents can be verified through the common use ofadministrative information pursuant to Article 21 (1) of the Electronic Government Act, such verification may replace thesubmission of such documents. 1. The Articles of Incorporation of the corporation to be established;  2. The shareholders’ register of the corporation to be established, or thedocumentation concerning the owning of shares, etc. by shareholders, etc.;  3. The business status of the services to be offered (limited to suchkey communications business operator currently offering the services which itintends to offer by establishing a corporation); and  4. A business plan of the corporation to be established.  (2) Once it approved the application for approval of the establishment of a corporationpursuant to paragraph (1), the Korea Communications Commission shall issue a keycommunications business operator license.**Article 24 (Application for Permission of Suspension of Business, etc.)**  Any person who intends to obtain approval of the suspension or discontinuance of businesspursuant to Article 14 (1) of the Act shall submit to the Korea Communications Commission thefollowing documents:   1. A description of the business to be suspended or discontinued and the drawings of the business district;
 

 
  2. The documentation describing the major telecommunications facilities concerning the business to be suspended or discontinued;   3. A written permission (limited to the case where the business is to be discontinued in whole); and   4. A statement of reason.**Article 25 (Standards and Procedures of Cancellation of Permission, etc.)**   (1) The standards for cancellation of permission, cancellation of registration,discontinuance of business, and suspension of business pursuant to Article 15 (2) of theAct and Article 28 (3) of the Act shall be as described in Table 1.    (2) If the same telecommunications business operator commits several violations, suchbusiness operator shall be subject to the following:   1. if the disposition standards for the severest violation is cancellation ofpermission or discontinuance of business, the permission shall be canceled, and thebusiness suspended;    2. if the disposition standards for each of the violations is suspension ofbusiness, the suspension periods shall be added up, even in which case, the total periodof suspension may not exceed one year.   (3) Once it cancelled the permission, cancelled the registration, or suspended ordiscontinued the business pursuant to paragraph (1), the Korea Communications Commissionshall publicly announce such disposition without delay and give written notice to thetelecommunications business operator concerned.
 

 
**Article 26 (Application for Registration)**  (1) Any person who intends to register a specific communications businesspursuant to Article 19 (1) of the Act shall submit to the Korea CommunicationsCommission an application for the registration of a specific communications business(including an application in electronic format) with the following documents(including electronic documents) attached to it:   1. A business plan for specific communications business;   2. The Articles of Incorporation of the corporation (including the corporation to be established; the same shall apply hereinafter in this Article);   3. The description, installation place, and communications network configuration diagram of the major facilities for business;   4. The terms of use containing provisions concerning user protection (includingprovisions concerning the total issued amount of pre-paid calling certificates), theinstallation status and the operation plan of a user protection organization; and   5. A copy of a guarantee insurance policy.   (2) The public official in charge who received an application for registration pursuant toparagraph (1) shall verify a certified copy of the corporate register and the nationalcertificate of technical skills of the technical manpower through the common use ofadministrative information pursuant to Article 21 (1) of the Electronic Government Act.Provided, however, that if the applicant does not consent to such verification, the publicofficial shall cause the applicant to attaché such documents (in the case of the nationalcertificate of technical skills, a copy thereof) to the application.
 

 
**Article 27 (Issuance of Registration Certificate, etc.)**  (1) Once it received an application for registration pursuant to Article 26 (1), the KoreaCommunications Commission shall confirm whether or not the registration requirements underArticle 28 are met, and then enter the following in the registration register of specificcommunications business operators and issue a registration certificate of specificcommunications business operator within 30 days of the application date:   1. The registration number and registration date;    2. The trade name or the name, and the name of the representative;    3. The location of the principal office;    4. The capital;    5. The type of services offered;    6. The description and the installation place of the major facilities for business;    7. Matters on technical manpower;    8. Registration conditions; and    9. The total amount of pre-paid calling certificates issued (limited to a specific communications business operator).  (2) The Korea Communications Commission may, if deemed necessary, request to complement orrevise the application for registration pursuant to Article 26 by specifying a period ofnot exceeding 7 days. The Korea Communications Commission may, upon request by theapplicant, extend such period of
 

 
  complementation or revision, in which case the period required for complementation or revision shall not be included in the processing period inparagraph (1).  (3) In the event that the registration certificate issued pursuant to paragraph (1) hasbeen lost or damaged, the specific communications business operator may file with the KoreaCommunications Commission an application for re-issuance of such certificate.**Article 28 (Registration Requirements for Specific Communications Business)**  The registration requirements of a specific communications business pursuant to Article 19(4) shall be as described in Table 2.**Article 29 (Reporting Procedures of Value-Added Communications Business)**  (1) Any person who intends to file a report of value-added communications businesspursuant to the main text of Article 21 of the Act shall submit to the KoreaCommunications Commission a report of value-added communications business (including areport in electronic format) with the communications network configuration diagram(limited to the case where a new type of value-added communications services is filed andas deemed necessary and requested by the Korea Communications Commission; including electronic documents) attachedto it.   (2) The public official in charge who received a report pursuant to paragraph (1) shallverify a certified copy of the corporate register through the common use of administrativeinformation pursuant to Article 21 (1) of the Electronic Government Act. Provided,however, that if the reporter does not consent to such verification, the public officialshall cause the reporter to attach such document to the report.
 

 
  (3) If the report of value-added communications business has incorrect entries orincomplete attachments, the Korea Communications Commission may request the reporter tocomplement such report by specifying a period of not less than 7 days, and may, uponrequest by the reporter, extend such period.   (4) The Korea Communications Commission shall, upon receiving the report of value-addedcommunications business pursuant to paragraph (1), issue a certificate of the report ofvalue-added communications business to the reporter.   (5) If the certificate of report issued pursuant to paragraph (4) is lost or damaged, thevalue-added communications business operator may file an application with the KoreaCommunications Commission for re-issuance thereof.**Article 30 (Exemption of Report of Value-Added Communications Business Operators)**  (1) In the proviso of Article 21 of the Act, “a small-sized value-added communicationsbusiness according to the standards prescribed by the Presidential Decree” shall mean abusiness operator which provides value-added communications services by using the Internetand satisfies all of the following requirements:   1. Its capital is below one million Korean Won; and   2. The size of its telecommunications facilities falls under the standardspromulgated by the Korea Communications Commission.   (2) In the event that a value-added communications business operator who failed to file areport pursuant to paragraph (1) starts to meet none of the requirements in thesubparagraphs of paragraph (1), such value-added communications business operator shallfile a report pursuant to the main text of Article 21 of
 

 
  the Act within one month from the date of the occurrence of such event.**Article 31 (Change of Registrations or Reports)**  (1) In Article 22 of the Act, “the matters as determined by the PresidentialDecree” shall refer to:  1. The trade name/name/address;    2. The representative;    3. The type of services offered;    4. The capital (limited to a specific communications business operator); and    5. The total amount of pre-paid calling certificates issued (limited to a specific communications business operator).  (2) To change any matters falling under any of the subparagraphs of paragraph (1), anapplication for the registration of change to the specific communications business (reportof change to the specific communications business) (including an application or report inelectronic format) shall be submitted to the Korea Communications Commission with thedocuments (including electronic documents) confirming the changes attached to it.   (3) The Korea Communications Commission shall, upon receiving and registering oraccepting an application for the registration of chance or a report of change pursuant toparagraph (2), issue a certificate of registration or a certification of report specifyingthe changes.   (4) The public official in charge who received an application for the registration ofchange or a report of change pursuant to paragraph
 

 
  (2) shall verify a certified copy of the corporate register (limited to the case where changes are made to the trade name/name/address, the representative orcapital of the corporation) or the business certificate (limited to the case where changesare made to the trade name/name/address, the representative or capital of the individual)through the common use of administrative information pursuant to Article 21 (1) of theElectronic Government Act. Provided, however, that if the applicant or reporter does notconsent to such verification, the public official shall cause the applicant or reporter toattach such documents to the application or report.**Article 32 (Report of Transfer of Business, etc.)**  (1) Any person who intends to file a report of specific communications business orvalue-added communications business pursuant to Article 25 of the Act shall submit to theKorea Communications Commission a report of transfer (including a report in electronicformat) with the following documents (including electronic documents) attached to it:   1. A copy of the transfer agreement;    2. The documents under the subparagraphs of Article 26 (1) or the attachmentsunder Article 29 (1);    3. A certificate of registration or a certification of report.  (2) Any person who intends to file a report of the merger of corporations as specificcommunications business operators or value-added communications business operatorspursuant to Article 25 of the Act shall submit to the Korea Communications Commission areport of merger (including a report in electronic format) with the following documents(including electronic documents) attached to it:   1. A copy of the merger agreement;
 

 
       2. The documents in the subparagraphs of Article 26 (1) or the attached documentspursuant to Article 29 (1); and        3. A certificate of registration or a certification of report.   (3) Any person who intends to file a report of the inheritance of value-addedcommunications business pursuant to Article 25 of the Act shall submit to the KoreaCommunications Commission a report of inheritance (including a report in electronicformat) with the documents (including electronic documents) proving that it is the heirattached to it.   (4) The public official in charge who received a report as provided under paragraphs (1)through (2) shall verify a certified copy of the corporate register of the assigns or theparty to the merger (i.e. the surviving or newly established corporation), a nationalcertificate of technical skills of the technical manpower or a certificate of the familyrelation register of the heir through the common use of administrative informationpursuant to Article 21 (1) of the Electronic Government Act. Provided, however, that ifthe reporter does not consent to such verification, the public official shall cause thereporter to attach the relevant documentation (in the case of a national certificate oftechnical skills, a copy thereof) to the report.   (5) Once it received a report of the transfer or merger of a specific communicationsbusiness or a value-added communications business, the Korea Communications Commissionshall issue a certificate of the registration of a specific communications businessoperator or a certificate of the report of a value-added communications business.**Article 33 (Report of Suspension/Discontinuance of Business)**  Any person who intends to file a report (including a report in electronic format) of thesuspension/discontinuance of a specific 
 

 
  communications business or a value-addedcommunications business or the dissolution ofthe corporation as a specific communications business operator or a value-addedcommunications business operator pursuant to Article 27 of the Act shall submit to theKorea Communications Commission a report of the suspension/discontinuance of specialcategory (value-added) communications business/dissolution of corporation with thedocuments (including electronic documents) proving that the users have been notified ofthe suspension/discontinuance attached to it: Provided, however, that if the informationon the attached documents can be verified through the common use of administrativeinformation pursuant to Article 21 (1) of the Electronic Government Act, such verificationmay replace the submission of such documents.**CHAPTER 3 TELECOMMUNICATIONS SERVICES****Article 34 (Authorization of the Terms of Use)**  (1) The services for which a key communications business operator is required to obtainauthorization (including authorization of change) pursuant to the proviso of Article 29(1) of the Act shall be the services falling under any of the following:   1. Of the services provided by the key communications business operator whoserevenue by service in the previous year has the highest market share in the totaldomestic revenue, the services of which revenue in the previous year is not less thanthe amount by service determined and promulgated by the Korea CommunicationsCommission; and   2. If the key communications business operator who provides the services insubparagraph 1 combined its business with another key communications businessoperator pursuant to subparagraph 1 or 4 of Article 12 (1) of the Monopoly Regulationand Fair Trade 
 

 
   Act, the services in subparagraph 1 provided by such another keycommunications business operator.  (2) The Korea Communications Commission shall designate and promulgate the keycommunications business operators and services falling under paragraph (1) by the end ofJune each year. Provided that the key communications business operators and servicesfalling under subparagraph 2 of paragraph (1) shall be designated and promulgated withoutdelay on or after the report date of the business combination pursuant to the samesubparagraph of the same paragraph.   (3) Any key communications business operator who intends to change the minor mattersdetermined by the Korea Communications Commission may, notwithstanding paragraph (1)regarding authorization of the change of the terms of use, file a report with the KoreaCommunications Commission.**Article 35 (Application for Authorization of the Terms of Use, etc.)**  Any person who intends to file a report (including a report of changes) or obtainauthorization (including authorization of changes) of the terms of use regardingtelecommunications services pursuant to Article 29 (1) of the Act shall submit to the KoreaCommunications Commission the terms of use including the following matters with thesupporting material of the computation of charges pursuant to Article 29 (6) of the Actattached to them:.   1. The type and description of the telecommunications services;   2. The area in which the telecommunications services are provided;   3. The charges of the telecommunications services, including fees and actualexpenses;
 

 
  4. Matters on the responsibilities of the telecommunications business operator andits users; and   5. Other matters necessary for the provision or use of the telecommunicationsservices concerned.**Article 36 (Services Subject to Reduction and Exemption of Fees)**  Telecommunications services subject to the reduction and exemption of fees pursuant toArticle 32 of the Act shall be as follows:   1.Telecommunications services for the communications concerning the rescue of human livesand properties in danger, and the rescue from disasters or for the communications by thevictims of disasters;   2.Telecommunications services for the whole or part of exclusive line communications usedby such agencies, in case where the exclusive line communications of agencies which arefully responsible for military, public order and national security, and a part ofself-communications network of the State, local governments or government-investedinstitutions are integrated into the telecommunications net-work of a key communicationsbusiness;   3.Telecommunications services for the communications required for military operations inwartime;
 

 
  4.Telecommunications services for the newspapers and news agency service pursuant to the“Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions”, and forcommunication for news reports by the broadcasting stations pursuant to the“Broadcasting Act”;   5.Telecommunications services for a communication which is required for facilitating theuse, and for diffusing the distribution, of information communications;   6.Telecommunications services for a communication by those who are in need of theprotection for the improvement of social welfare;   7.Telecommunications services for a communication which is required for the promotion ofinterchange and cooperation between North and South Korea; and   8.Telecommunications services for a communication which is specially required for theoperation of postal and telegraphic services.**Article 37 (Provision of Transmission or Line Facilities, etc.)**  A CATV broadcasting business operator, a signal transmission network business operator, ora CATV relay broadcasting business operator pursuant to the “Broadcasting Act”may, pursuant to Article 32-4 (1) of the Act, provide the transmission or linefacilities or the CATV broadcasting facilities (hereinafter referred to as the“transmission or line facilities, etc.”)to the key communications business operator in a manner falling under one of the followingsubparagraphs:
 

 
  1.Sale or lease of transmission or line facilities, etc.;   2.Commissioned performance of the communications or exchange operations, etc. by making useof transmission or line facilities, etc.; and   3.Manners corresponding to subparagraphs 1 and 2, which are determined by a consultationbetween a CATV broadcasting business operator, a signal transmission network businessoperator, or a CATV relay broadcasting business operator.**CHAPTER 4 PROMOTION OF COMPETITION OF TELECOMMUNICATIONS BUSINESS****Article 38 (Criteria, Procedures, and Methods of Evaluation of Competition Status)**  (1) When the unit market needs to be defined in order to conduct an evaluation of thecompetition status pursuant to Article 33-4 (2) of the Act, all of the following mattersshall be taken into account:   1. The demand substitutability/supply substitutability of the services;    2. The geographical scope of the provision of services;    3. Transactional steps of the provision of services, such as retail (i.e. transactionsbetween a telecommunications business operator and the end user of the services providedby such telecommunications business operator) and wholesale (i.e. transactions in whichthe telecommunications facilities installed for the provision of retail services areprovided to another telecommunications business operator); and
 

 
   4. The difference in purchase/negotiation powers or the characteristics of theuser, such as the characteristics of demand.  (2) Evaluations of the competition status shall be conducted for the unit market definedpursuant to paragraph (1) with all of the following matters taken into consideration:   1. Market structure, such as market share and entrance barrier;    2. Responsiveness of the user, such as ease of the acquisition of informationon the use of services, ease of switching service providers;    3. The behavior of the telecommunications business operators, such as thedegree of charges/quality competition and the degree of technological innovation;and    4. Market performance, such as the degree of charges/quality, the scale ofextra profit of the telecommunications business operator.  (3) The Korea Communications Commission may, if deemed necessary to conduct an evaluationof the competition status, listen to relevant specialists or stakeholders for theiropinions.**Article 39 (Criteria of Key Communications Business Operators)**  (1) In Article 33-5 (2) 2, Article 34-3 (3) 2, Article 34-3 (3) 2, and Article 34-4 (3) 2of the Act, “(a) key telecommunications business operator (...) compatible with thestandards as determined by the Presidential Decree” shall refer to a keytelecommunications business operator whose revenue by service in the previous year exceedsthe amount by revenue determined and promulgated by the Korea Communications Commissionand whose market share in the total domestic revenue of the relevant service is not lessthan 50%.
 

 
  (2) The Korea Communications Commission shall designate and promulgate the keytelecommunications business operators falling under Article 33-5 (2), Article 34 (3),Article 34-3 (3) and Article 34-4 (3) of the Act by the end of June each year.**Article 40 (Report, etc. of Agreement on Mutual Access, etc.)**  (1) Any person who intends to report, or obtain authorization of, an agreement or changeor abolition thereof with respect to the provision, common utilization, and mutual accessor common use, etc. of telecommunications facilities or the provision of informationpursuant to Article 34-6 (1) or (2) shall submit to the Korea Communications Commissionthe following documentation:   1. A copy of the agreement;    2. The documentation indicating the amount payable or receivable by the party and thesettlement method thereof, and the method of implementing the agreement;    3. The documentation specifying the terms and conditions of the provision, commonutilization, mutual access or common use of telecommunications facilities or theprovision of information, and the expenses of the agreement;    4. The drawings outlining the provision, common utilization, mutual access or common useof telecommunications facilities or the provision of information; and    5. The documentation comparing the new agreement with the old agreement (limited to thecase where a report of change or authorization of change is filed).  (2) Upon receiving the documentation under paragraph (1), the Korea CommunicationsCommission shall examine such documentation to ensure that the contents thereof conform tothe 
 

 
  standards of the provision, common utilization, mutual access or common use oftelecommunications facilities or the provision of information pursuant to Article 33-5 (3),Article 33-7 (3), Article 34 (2), Article 34-3 (2) or Article 34-4 (2) of the Act.  (3) Upon receiving the documentation under paragraph (1) pursuant to Article 21 (3) of theFramework Act on Telecommunications, the Korea Communications Commission shall examine suchdocumentation to ensure that the contents thereof conform to the standards under Article33-5 (3) of the Act and that the private telecommunications facilities provided areinstalled to be used for telecommunications purposes.**Article 41 (Report of Forbidden Acts, etc.)**  (1) If it is deemed that any of the forbidden acts under Article 36-3 (1) the Act has beencommitted, any person may report it to the Korea Communications Commission and request forany of the measures under the subparagraphs of Article 37 (1) of the Act to be taken.   (2) Any person who intends to file a report pursuant to paragraph (1) shall submit to theKorea Communications Commission the documentation specifying the following:   1. The name (in the case of a corporation, the name of the corporation and the name of therepresentative of such corporation) and the address of the reporter;   2. The trade name or name (in the case of a corporation, the name of thecorporation and the name of the representative of such corporation) and the addressof the person against whom the report is filed;   3.A description of the forbidden act;
 

 
  4. Measures necessary to correct the forbidden act.   (3) The Korea Communications Commission may, if deemed necessary, request to complementthe reporting documentation submitted pursuant to paragraph (2) by specifying aconsiderable period.**Article 42 (Types and Standards of Prohibited Acts)**  (1) The types and standards of the prohibited acts pursuant to Article 36-3 (3) of theAct shall be the same as the attached Table 1.   (2) The Korea Communications Commission may, if he deems it necessary to apply to specifictelecommunications fields or specific prohibition acts, determine detailed standards forthe types and standards of the prohibited acts pursuant to the provisions of paragraph (1)and publicly announce them.**Article 43 (Investigation of Facts)**  A public official who intends to enter and investigate an office and business place of atelecommunications business operator or a business place of a person who is entrusted withthe affairs of a telecommunications business operator pursuant to Article 36-5 (2) ofthe Act, shall have any partiesconcerned of the relevant office or business place be present at the investigation.**Article 44 (Measures, etc. on Prohibited Acts)**  The term “matters necessary for implementation of the provisions 
 

 
  under subparagraphs 1through 9 as prescribed by the Presidential Decree” in subparagraph 10 of Article 37(1) of the Act refers to:   1. Submission of implementation plan for the provisions under subparagraphs 1 through 9 inArticle 37(1) of the Act; and   2. Report on the results of the implementation of the provisions under subparagraphs 1through 9 in Article 37(1) of the Act;**Article 45 (Period of Implementing Orders to Take Corrective Measures)**  The period in which the telecommunications business operators shall implement thecorrective orders by the Communications Committee pursuant to Article 37 (2) of theAct, shall be the same as the attached Table 4.**Article 46 (Offenses Subject to Imposition of Penalty Surcharge, and Amount of Penalty Surcharge,etc.)**       The classifications of offenses subject to the imposition of a penalty surchargepursuant to Article 37-2 (3) of the Act and the upper limit of thepenalty surcharge and standards for the imposition of such penalty surcharge on suchoffences shall be the same as the attached Table 5.**Article 47 (Computation Methods of Penalty Surcharge)**
 

 
  (1) The term “turnover as prescribed by the Presidential Decree” in the text ofArticle 37-2 (1) of the Act means the average annual turnover for three precedingbusiness years of the telecommunications services related to the prohibited acts of therelevant telecommunications business operator: Provided, That if three years have notelapsed since the commencement of business as of the first day of the relevant businessyear, it shall mean the amount of converting the turnover till the end of precedingbusiness year since the commencement of the said business into the average annual turnover,and if the business is commenced in the said business year, it shall mean the amount ofconverting the turnover from the commencement of business to the date of offense into theaverage annual turnover.   (2) The term “where there is no turnover or it is difficult to calculate the turnover asprescribed by the Presidential Decree” in the proviso of Article 37-2 (1) of theAct means any of the following subparagraphs:   1.Where there is no actual business result due to a non-commencement of business or asuspension thereof, etc.;   2.Where it is difficult to make an objective computation of turnovers.**Article 48 (Imposition and Payment of Penalty Surcharge)**  (1) The Communications Committee shall, in case where it intends to impose a penaltysurcharge under Article 37-2 of the Act, notify a person subject to an impositionof penalty surcharge, after investigating and confirming the relevant offense, of thepayment thereof, by clarifying in writing the fact of offense, the amount of imposition,the method of objection and its period.
 

 
  (2) A person in receipt of a notification under paragraph (1) shall pay it to the financialinstitution designated by the Korea Communications Commission within twenty days from thedate of receiving such a notification: Provided, That if he is unable to pay a penaltysurcharge within the relevant period due to a natural disaster or other inevitable reasons,he shall pay it within seven days from the date when the said reasons have disappeared.   (3) The financial institution in receipt of a payment of penalty surcharge under paragraph(2), shall issue a receipt to a person who has paid it.**Article 49 (Demand for Penalty Surcharge Payment)**  (1) A demand under Article 37-2 (5) of the Act shall be made in writing within 7days from the date on which the payment deadline elapsed.   (2) Where a demand note is issued pursuant to paragraph (1), a deadline for payment of anypenalty surcharge in arrear shall be within 10 days from the date on which such demand noteis issued.**Article 50 (Prior Optional Service)**  In the latter part of Article 38-3 (1) of the Act, “the telecommunications service asdetermined by the Presidential Decree” shall mean long-distance telephone service.**Article 51 (Provision of Number Information Service)**
 

 
  (1) Any key telecommunications business operator who provides number information servicepursuant to Article 38-6 (1) of the Act may provide the following information:       1. The name or trade name of the user;        2. The telephone number of the user; and        3. The address of the user down to the *eup/myeon/dong*level  (2) The telecommunications business operator shall obtain the user’s consent to the numberinformation service in such verifiable means as manual or electronic signature.   (3) The user may withdraw its consent under paragraph (1) at any time, and thetelecommunications business operator shall, without delay, take necessary measures to avoidproviding information on the user who has withdrawn its consent, except, however, for thecase of books unless the intention of withdrawing the consent is expressed 30 days prior tothe next publication date.**CHAPTER 5 PROTECTION OF TELECOMMUNICATIONS FACILITIES****Article 52 (Designation of the Boundary Zone of Submarine Cables, etc.)**  (1) When a key communications business operator files an application for designation of theboundary zone of submarine cables pursuant to Article 50 (3) of the Act, the keycommunications business operator shall submit to the Korea Communications Commission thefollowing materials:   1. The necessity to designate the boundary zone; and   2. The block and width of the boundary zone (i.e. a description in coordinates representingthe latitude and the longitude).
 

 
   (2) If necessary for designation of the boundary zone of submarine cables, the KoreaCommunications Commission may request the key communications business operator whorequested for such designation to submit additional materials other than the submitteddocumentation in the subparagraphs of paragraph (1).   (3) The Korea Communications Commission shall send the materials submitted pursuant toparagraphs (1) and (2) to the head of the relevant central administrative institutionpursuant to Article 50 (4) of the Act to listen to his or her opinions.   (4) The Korea Communications Commission shall, unless under special circumstances, notifythe key communications business operator who requested for such designation of whether ornot the designation was made, within 60 days from the date of application for designationof the boundary zone of submarine cables, and promulgate, without delay, the reason for thedesignation.   (5) Once the Korea Communications Commission designated and promulgated the boundary zoneof submarine cables pursuant to paragraph (4), the key communications business operator whorequested for such designation shall publicly announce the location of the boundary zone onits website, etc., and may install a tag or other district indicators in the designatedzone.**CHAPTER 6 SUPPLEMENTARY PROVISIONS****Article 53 (Protection of Communication Secrets)**
 

 
  (1) A telecommunications business operator shall keep the ledger of the supply ofcommunication data under Article 54 (5) of the Act for one year.   (2) Report of the status of the supply of communication data under Article 54 (6) of theAct, and notification of the status of the supply of communication data under paragraph(7) of the same Article shall be done within thirty days from the end of each half-year.   (3) The setup under Article 54 (8) of the Act (hereinafter referred to as the“setup”) shall: 1. Supervise the affairs concerning the communication secrets of the users;  2. Control illegal/unauthorized infringement on the communication secrets of theuser committed by an internal employee of the telecommunications business operator ora third party;  3. Report the status of the supply of communication data pursuant to Article 54(6) of the Act;  4. Notify the contents entered in the ledger of the supply of communication datapursuant to Article 54 (7) of the Act;  5. Handle the complaints or opinions of the users concerning communicationsecrets;  6. Educate the employees responsible for the affairs concerning communicationsecrets; and  7. Conduct other matters necessary to protect the communication secrets of theuser.
 

 
  (4) The setup shall be headed by an officer-level employee of the telecommunicationsbusiness operator concerned, and established in the main office.   (5) The person holding the decision-making power on the written requests pursuant toArticle 54 (9) of the Act shall be a judge, prosecutor, investigation office (includingmilitary investigation agency, the National Tax Service and regional tax service offices;the same shall apply hereinafter) or an official with Class 4 or higher of an intelligenceand investigation agency (including an official with Class 5, if such official is the headof an investigation office or an intelligence and investigation agency) or a generalofficial belonging to a group of high-ranking officials. Provided that, in the case ofpolice and marine police, such person shall be an official with the position of policesuperintendent or higher (including superintendent, if superintendent is the head of theoffice), and in the case of military investigation agency, a military pubic prosecutingofficer or a solider with the rank of lieutenant colonel or higher (including major, in thecase of a military investigation agency whose commander is a major).   (6) The written requests under Article 54 (9) of the Act shall specify the positionand the name of the person holding the decision-making power. Provided that, in the case ofan intelligence and investigation agency under Article 2 (6) of the Regulations on Planningand Coordination of Intelligence and Security Affairs, only the position of the personholding the decision-making power may be specified, and that in the case of court, theposition and the name of such person shall be specified.**Article 54 (Notification of the Telephone Number of the Transmitter)**  (1) When the transmitter expresses his refusal of the transmission of his telephone numberpursuant to the latter-half part of Article 54-2 (1) of the Act, the telecommunicationsbusiness operator may not use such refusal as an excuse to charge the transmitter.
 

 
  (2) Any person who wishes to know the telephone number of the transmitter pursuant toArticle 54-2 (2) of the Act shall send a written request to the telecommunications businessoperator by attaching to it any of the following materials verifying the verbal abuse,threat, and harassment over telecommunication (hereinafter referred to as “thetelecommunication threat, etc.” in this Article):       1. Written records of the time and date and contents of the telecommunicationthreat, etc.;        2. A tape or other medium recording the contents of the telecommunicationthreat, etc.;        3. Evidentiary documentation, if a police report was filed by reason of thetelecommunication threat, etc.;        4. Materials supporting the counseling sessions held with the relevant counseling centerregarding the damage caused by the telecommunication threat, etc.; and        5. Other materials equivalent to the provisions of subparagraphs 1 through 4.  (3) In Article 54-2 (2) of the Act, “in case where the Presidential Decree requires” shallmean cases where the following telephone services are used:       1. Anti-terrorism, international crime report (111);        2. Crime report (112);        3. Spy report (113);        4. Cyber terrorism report/counseling (118);
 

 
       5. Fire/disaster report (119);        6. Marine accident/crime report (122);        7. Smuggling report (125); and        8. Drug offense report (127).**Article 55 (Restriction on and Suspension of Service)**  (1) If the Korea Communications Commission issues, pursuant to Article 55 of theAct, an order to restrict or suspend the whole or part of telecommunications servicesof the telecommunications business operators, he may allow the communications forperforming the business falling under any of the following subparagraphs, in accordancewith the scope and level of the relevant restriction or suspension:   1.First priority:   (a) National security;   (b) Military affairs and public security;   (c) Transmission of the civil defense alarm; and   (d) Electronic wave control;   2.Second priority:   (a) Disaster relief;   (b) Telecommunications, navigation safety, weather, fire fighting, electricity, gas, waterservice, transportation and the press;
 

 
  (c) Affairs of the State and local government, except for those mentioned in items (a) and(b); and   (d) Affairs of the foreign diplomatic missions and the organizations of the United Nationsin Korea;   3.Third priority:   (a) Affairs of the enterprises subject to resources control and the firms of defenseindustry; and   (b) Affairs of government-invested institutions, and medical institutions; and   4.Forth priority: Services in subparagraphs 1 through 3.   (2) The restriction or suspension on the telecommunication services under paragraph (1)shall be the least of those required for securing the important communications.   (3) A telecommunications business operator shall, in case where he restricts or suspendsthe whole or part of telecommunications services pursuant to paragraph (1), report thecontent thereof without delay to the Korea Communications Commission.**Article 56 (Approval, etc. for International Telecommunications Services)**  (1) The term “international telecommunications business as prescribed by the PresidentialDecree” in the first-half part of Article 59 (2) of the Act means the servicesfalling under any of the 
 

 
  following subparagraphs:  1.Installation and lease of a satellite for providing international telecommunicationsservices; and   2.Transboundary provision of key communications services pursuant to Article 59-2 ofthe Act.   (2) A person who intends to obtain approval pursuant to Article 59 (2) of the Actshall submit the following documents to the Korea Communications Commission::   1.Duplicate copy of written agreement or contract;   2.Comparative table between new and old agreements or contracts (limited to the cases wherean application for modified approval is filed); and   3.Document certifying the fact that the agreements or contracts have been abrogated(limited to the cases where an application for approval of abrogation is filed).**Article 57 (Cancellation of Approval of the Contract for Transboundary Provision of KeyCommunications Services)**  (1) The standards for cancellation of approval of the contract for transboundary provisionof key communications services and for suspension of transboundary provision of keycommunications services shall be as follows:        1. Violation on one occasion: Suspension of services or suspension ofsubscription of new users for not longer than 6 months; and        2. Violation on two occasions: Cancellation of approval.
 

 
  (2) The Korea Communications Commission shall, upon cancelling approval or suspendingservices, etc. pursuant to paragraph (1), announce such disposition and notify it in writingto the telecommunications business operator concerned.**Article 58 (Report of Statistics)**  (1) The types of the statistics that the telecommunications business operator is required toreport to the Korea Communications Commission pursuant to Article 62 (1) of the Act shall beas follows:        1. Telecommunication facilities status: Line facilities, switching facilities,transmission facilities, and power facilities, etc. by service;        2. Telecommunication usage results: The revenue and the number of usage cases byservice, distance stage, time zone, country (including the results by telecommunicationsbusiness operator in foreign countries), and calling zone;        3. The status of telecommunication users: The number of subscribers by service, city orprovince, and calling zone;        4. Traffic-related data: Traffic by service, distance stage, time zone, city orprovince, country (including the results by telecommunications business operator in foreigncountries), calling zone, and between calling zones, and settlement data relating to mutualaccess;        5. Accounting-related data: Sales reports prepared separately by offered business andservice and other accounting-related data;        6. The total issued amount of the pre-paid calling certificates by month received fromthe user, and a statement of the use of calling certificates (limited to the case of aspecific communications business operator);
 

 
  (2) The preparation form, submission method, and report deadline of the statistics underparagraph (1) and other necessary matters shall be determined by the Korea CommunicationsCommission.**Article 59 (Submission of Materials)**  (1) Pursuant to Article 62 (2) of the Act, a key communications business operator and itsstockholders shall submit to the Korea Communications Commission the following documents:        1. The status of the shares issued by the corporation (including equity interests; Thesame shall apply hereinafter);        2. The status of the shareholding of the stockholders who hold the shares issued by thecorporation (including investors; The same shall apply hereinafter) and theirspecially-related persons;        3. The purpose, and the reason for change, of the shareholding (limited to the case ofthe stockholders of a key communications business operator);        4. The acquisition date of shares by the stockholders under subparagraph 2 and thedetails of the acquisition fund (limited to the case of the stockholders of a keycommunications business operator);        5. The form of the shareholding (limited to the case of the shareholders of a keycommunications business operator);        6. Evidentiary materials related to the matters in subparagraphs 1 through 5;   (2) A business operator who is required to submit the documents pursuant to paragraph (1)shall submit to the Korea Communications
 

 
  Commission the relevant documents within thedeadline specified below:       1. In the case of a stock-listed corporation or a KOSDAQ-listed corporation underArticle 2 (13) 3 or (14) of the Securities and Exchanges Act, within 30 days from theclosing date of the register of shareholders; or        2. In the case of any key communications business operators not falling undersubparagraph 1, by the 30th day of January each year.**Article 60 (Methods for Computing Penalty Surcharges)**  (1) The term “turnover calculated under the conditions as prescribed by the PresidentialDecree” in the main sentence of Article 64 (1) of the Act means the annual averageturnover for 3 business years immediately preceding of the telecommunications services by arelevant telecommunications business operator: Provided, That where 3 years have not elapsedsince a start of business as of the first day of relevant business year, it means the amountconverting the turnover, from a start of relevant business to the end of immediatelypreceding business year, into the annual average turnover; and where a business has beenstarted in the relevant business year, it means the amount converting the turnover, from astarting date of business to the date of offenses, into the annual turnover.   (2) The term “where there exists no turnover or the computation of turnover is difficult,and where it is prescribed by the Presidential Decree” in the proviso of Article 64 (1)of the Act means the case falling under any of the following subparagraphs:
 

 
  1.Where there exists no business record due to a failure of starting a business or asuspension of business, etc.;   2.Where a telecommunications business operator has refused a submission of the data forcomputing the turnover, or he has submitted the false data; and   3.Other cases where it is difficult to compute the amount of objective turnover.**Article 61 (Offences Subject to Imposition of Penalty Surcharge, and Amount of Penalty Surcharge,etc.)**  (1) Classifications of offenses subject to the imposition of a penalty surcharge and theamount of a penalty surcharge pursuant to Article 64 (2) of the Act shall be statedin the attached Table 6.   (2) When the Korea Communications Commission determines the amount of penalty surchargepursuant to the provisions of paragraph (1), he shall take into account the peculiarities inproviding a service of telecommunications business, the level of offenses, and theirfrequency, etc.   (3) Articles 18 and 49 shall apply mutatis mutandis to the imposition, payment and demand ofa penalty surcharge pursuant to Article 64 of the Act.**Article 62 (Extension of Time Limit of Payment of Penalty Surcharge, and Payment in InstallmentsThereof)**
 

 
  (1) A person who intends to extend the time limit of payment of a penalty surcharge or payit in installments under Article 64-2 of the Act, shall make an application to theKorea Communications Commission along with the document certifying grounds of the extensionof time limit of payment or the payment ininstallments not later than ten days prior to the relevant time limit of payment.   (2) The term “amount as prescribed by the Presidential Decree” in the first-half part of thesubparagraphs other than Article 64-2 (1) of the Act means the amount arrived at bymultiplying a turnover under Article 47 by 1/100, or 300 million won.   (3) The extension of time limit of payment of a penalty surcharge pursuant to Article64-2 of the Act shall not exceed one year from the day following the said time limit.   (4) In a case of making payment in installments under Article 64-2 of the Act, theintervals between a respective time limit of installment payment shall not exceed fourmonths, and the frequency of installments shall not exceed three times.   (5) The Korea Communications Commission may, if a person liable for a payment of penaltysurcharge for whom the time limit of payment has been extended or the payment ininstallments has been permitted pursuant to Article 64-2 of the Act comes to fallunder any of the following subparagraphs, revoke such extension of the time limit of paymentor a decision of such payment in installments, and collect it in a lump sum:   1.Where he fails to pay a penalty surcharge for which the payment in installments has beendecided, within the time limit of payment thereof;   2.Where he fails to implement an order necessary for a change of security or other securityintegrity, which is given by the Korea 
 

 
  Communications Commission; or  3.Where deemed that the whole or remainder of a penalty surcharge is uncollectable, such asthe compulsory execution, commencement of auction, adjudication of bankruptcy, dissolutionof a juristic person or dispositions on national or local taxes in arrears, etc.**Article 63 (Classification and Appraisal, etc. of Securities)**  The provisions of Articles 29 through 34 of the “Framework Act on NationalTaxes”, and of Articles 13 through 17 of its Enforcement Decree shallapply mutatis mutandis to the furnishing of security pursuant to Article 64-2 of theAct.**Article 64 (Important Communications)**  (1) The term “important communications” in Article 65 (2) 3 of the Act means:   1.Business telecommunications related to the national security, military affairs, publicpeace and order, civil defense alarm transmission and radio wave control;   2.Other communications publicly notified by the Korea Communications Commission in order toefficiently perform the State affairs.   (2) The Government may grant a subsidy for the expenses required for the construction andmanagement of the important communications in order to secure the important communicationsunder paragraph (1).
 

 
**Article 65 (Commission of Authority)**  The Korea Communications Commission shall commission the authority falling under any of thefollowing subparagraphs to the Commissioner of the competent Communications Office pursuantto Article 68 (1) of the Act:   1.Registration of specific communications business pursuant to Article 19 (1) of theAct;   2.Acceptance of a report on the value-added communications business pursuant to the text ofArticle 21 of the Act;   3.Acceptance of a modified registration for the specific communications business, and of amodified report for value-added communications business, pursuant to Article 22 of theAct;   4.Acceptance of a report on the transfer or takeover of a specific communications businessor a value-added communications business, and on the merger or succession of a juristicperson, pursuant to Article 25 of the Act;   5.Acceptance of a report on the suspension or discontinuation of a specific communicationsbusiness or a value-added communications business, and on the dissolution of a juristicperson pursuant to Article 27 of the Act;   6.Permission for a felling or transplanting of the plants under the former part ofArticle 42 (3) of the Act;**CHAPTER 7 PENALTY****Article 66 (Fine for Negligence)**
 

 
  (1) The Korea Communications Commission shall, where he imposes a fine for negligencepursuant to Article 78 (2) of the Act, specify in writing the fact of violation,method of objection, objection period, etc., after investigating and confirming the relevantoffence, and give notice to pay the said fine to the personsubject to a disposition of a fine for negligence.   (2) The Korea Communications Commission shall, where he intends to impose a fine fornegligence pursuant to paragraph (1), provide the person subject to a disposition of finefor negligence with an opportunity for stating his opinion orally or in writing with fixinga period of not less than 10 days. In this case, he shall deem it as non-existence ofopinion, if no oral or written statement of opinion is presented within the specifiedperiod.   (3) In determining the amount of a fine for negligence, the Korea Communications Commissionshall take into account the motivation of the offence and the consequences thereof.**Article 67 (Collection Procedures, etc. of Fine for Negligence)**  (1) In regards to the collection procedures of fine for negligence under Article 78 (2) ofthe Act, the statutes on national treasury management shall apply, in which case the paymentnotice shall also indicate the method of objection and objection period.   (2) Any person who intends to object to the Korea Communications Commission pursuant toArticle 78 (3) of the Act shall file an application with the Korea Communications Commissionfor objection to the disposition of fine for negligence.
 

 
          ADDENDA <No. 20666, Feb. 29, 2008>**Article 1 (Enforcement Date)**  This Decree shall enter into force on the date of its promulgation.**Article 2 (Transitional Measures on Guarantee Insurance)**  The guarantee insurance of a specific communications business operator purchased pursuantto the existing regulations at the time of enforcement of the Ministry of Information andCommunication Decree No. 111 (Amendment Decree of the Enforcement Rules of theTelecommunications Business Act) shall, notwithstanding the amended regulations in Table 2,be deemed to have been purchased pursuant to this Decree until the expiration date of thecontractual term of such guarantee insurance.**Article 3 (Transitional Measures on Those Eligible to Telephone Services with Reduced Fees)**  Those eligible to the telephone services with reduced fees pursuant to section A of Article2-2 (2) 4 of the existing Enforcement Rules of the Telecommunications Business Act at thetime of enforcement of the Ministry of Information and Communication No. 141 (AmendmentDecree of the Enforcement Rules of the Telecommunications Business Act) shall be deemed tobe those eligible to the telephone services with reduced fees pursuant to this Decree.**Article 4 (Special Cases for Tie-in Sale)**  Effective as of March 10, 2007, the amended regulations in paragraph (IV) 6 of Table 3shall apply only to the extent of the 
 

 
  telecommunications services of the key communicationsbusiness operator (including the telecommunications services provided by the specificcommunications business or value-added communications business operated by the keycommunications business operator).**Article 5 (Transitional Measures on License and Registration)**  (1) A value-added communications business operator providing the transmission servicesunder the amended provisions of subparagraph 1 of Article 3 of the Enforcement Rules of theTelecommunications Business Act at the time of enforcement of the Ministry of Informationand Communication Decree No. 229 (Partial Amendment Decree of the Enforcement Rules of theTelecommunications Business Act) shall obtain a license of key communications businessoperator from the Korea Communications Commission pursuant to Article 5 of the Act orregister as a specific communications business operator with the Korea CommunicationsCommission by December 14, 2009.   (2) To the telecommunications business operator which is required to newly register aspecific communications business, the registration standards concerning financialcapabilities among the registration requirements under Article 28 and the amendedregulations of Table 2 shall not apply until December 14, 2009.**Article 6 (Transitional Measures on Transmission Services)**  A telecommunications business operator who obtained from the Minister of Information andCommunication a license of key communications business operator providing thetelecommunications facilities leasing services under subparagraph 3 of Article 3 of theexisting Enforcement Rules of the Telecommunications Business Act prior to the enforcementof the Ministry of Information and Communication Decree No. 227 (Partial Amendment Decreeof the Enforcement Rules of the 
 

 
  Telecommunications Business Act) and the services providedwith an allocated frequency under subparagraph 4 of the same Article shall be deemed tohave obtained a license to provide the transmission services under the amended provisionsof subparagraph 1 of Article 7.**Article 7 (Transitional Measures on Services Provided with Allocated Frequency)**  A telecommunications business operator who obtained from the Minister of Information andCommunication a license of key communications business operator providing the servicesprovided with an allocated frequency pursuant to subparagraph 4 of Article 3 of theexisting Enforcement Rules of the Telecommunications Business Act prior to the enforcementof the Ministry of Information and Communication Decree No. 227 (Partial Amendment Decreeof the Enforcement Rules of the Telecommunications Business Act) shall be deemed to haveobtained a license of key communications business operator providing the services providedwith the allocated frequency under the amended provisions of subparagraph 2 of Article 7.**Article 8 (Transitional Measures on Telecommunication Circuit Facilities Leasing Services)**  A telecommunications business operator who obtained from the Minister of Information andCommunication a license of key communications business operator providing thetelecommunications circuit facilities leasing services pursuant to subparagraph 3 ofArticle 3 of the existing Enforcement Rules of the Telecommunications Business Act at thetime of the enforcement of the Ministry of Information and Communication Decree No. 227(Partial Amendment Decree of the Enforcement Rules of the Telecommunications Business Act)shall be deemed to have obtained a license of key communications business operator
 

 
  providing the telecommunications circuit facilities leasing services under the amendedprovisions of subparagraph 3 of Article 7.**Article 9 (Transitional Measures on Internet Telephone)**  The Internet telephone services falling under the key communications services pursuant tosubparagraph 5-2 of Article 3 of the existing Enforcement Rules of the TelecommunicationsBusiness Act at the time of enforcement of the Ministry of Information and CommunicationDecree No. 227 (Partial Amendment Decree of the Enforcement Rules of the TelecommunicationsBusiness Act) shall, notwithstanding the amendment provisions of the proviso in the parts other than thesubparagraphs of Article 7, be deemed to be the key communications services under thisDecree.**Article 10 (Transitional Measures on Application for Registration of Specific CommunicationsBusiness Operator)**  The registration certificate of specific communications business operator issued pursuantto Article 12-2 (1) of the existing Enforcement Rules of the Telecommunications BusinessAct at the time of enforcement of the Ministry of Information and Communication Decree No.227 (Partial Amendment Decree of the Enforcement Rules of the Telecommunications BusinessAct) shall be deemed to be the registration certificate issued pursuant to this Decree.Provided that the specific communications business operator engaged in pre-paidcommunications business pursuant to the existing regulations at the time of enforcement ofthe Ministry of Information and Communication Decree No. 227 (Partial Amendment Decree ofthe Enforcement Rules of the Telecommunications Business Act) shall make registration ofchange pursuant to the amended provisions of Article 22 of the Act by June 14, 2008.
 

 
 Table 1 Standards of Disposition for Telecommunications Business Operators Such asCancellation of License (relating to Article 25 (1)) Table 2 Registration Requirements for Specific Communications Business (relating toArticle 28) Table 3 Types and Standards of Forbidden Acts (relating to Article 42 (1)) Table 4 Enforcement Period of Order for Corrective Measures (relating to Article 45) Table 5 Upper Limit of Surcharges by Type of Violation and the Standards forCalculation of the Imposed Surcharge Amount (relating to Article 46) Table 6 Amount of Surcharges by Type of Violation (relating to Article 61 (1))