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1.
    
    manufacturing of telecommunications [tools]2.
    
    information and communications work pursuant to paragraph 3 of Article 2 of
the Information and Communications Work Business Act (excluding renovation and
consolidation work for electronic telecommunications network)3.
    
    services pursuant to subparagraph 6 of Article 2 of the Information and
Communications Work Business Act (excluding renovation and consolidation of
electronic telecommunications network).
    (1)
    
    A person who belongs to any one of the categories set forth in the following
paragraphs shall obtain an authorization from the Korea Communications Commission under
the conditions as prescribed by the Enforcement Decree: Provided, that in case that person
sells telecommunications circuit installations except the ones prescribed by the
Enforcement Decree, he shall report it to the Korea Communications Commission under the
conditions as determined by the Enforcement Decree <Amended by Act No. 8198, Jan. 3,
2007; Act No. 8425, May 11, 2007; Act No. 8867, Feb. 29, 2008>
 1.
    
    a person who takes or intends to take over the whole or part of a business of
a key communications business operator2.
    
    a person who intends to merge with a juristic person which is a key
communications business operator
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3.
    
    a key communications business operator intending to sell the
telecommunications circuit installations necessary for provision of key communications
service4.
    
    a person who, along with a certain related person intends to become the
[largest shareholder of a key communications business operator or own 15% of more of
the issued shares of the key communications business operator.
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(2)
    
    The composite cable TV business operator, transmission network business operator, or
relay cable broadcasting business operator under the Broadcasting Act shall, when he
intends to provide value-added communications services by making use of the transmission
or line equipments or cable broadcasting equipments, make a report thereon to the Korea
Communications Commission pursuant to Article 21. <Amended Jan. 18, 2001, Jan. 3, 2007,
Amended by Act No. 8867 Feb. 29, 2008>
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(1)
    
    The Korea Communications Commission shall exert efforts to construct an efficient
competition system and to promote fair competitive environments, in the telecommunications
services. <Amended by Act No. 8867, Feb. 29, 2008>(2)
    
    The Korea Communications Commission shall conduct annual evaluation of competition
system with respect to key communications business in order to construct an efficient
competition system and to promote fair competition in the telecommunication services
industry pursuant to paragraph 1 above. <Amended by Act No. 8867, Feb. 29, 2008>(3)
    
    The specific evaluation standards, procedure and method for evaluating competition
system under paragraph 2 above shall be prescribed by the Enforcement Decree. <Amended
by Act No. 8867, Feb. 29, 2008>
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(6)
    
    A person verifying the contents pursuant to paragraph (4) shall present the proof of
the authorization therefor and give documents indicating his name, stay period and purpose
of entrance to related party at the time of his first entrance. <Newly Inserted Jan. 3,
2007>
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(1)
    
    In the event the business operator to whom radio waves are allocated under Article 11
or 12 of Radio Waves Act provides key communications services, no aid (together with
selling at a price lower than the purchase price, payment of cash, supplementing
membership fee or provision other financial benefits, the Support) shall be provided for
the purchase of telecommunications terminal equipment necessary for provision of such
services. Provided, exceptions apply in any of the following events: 1.providing Support
to users who use the key communications services from a same telecommunications business
operator for consecutive terms (each of which lasts for more than18 months) starting from
the date of the Support. Provided, the Support shall be allowed no more than once within 2
years after the date of the Support.
2. Support from telecommunications business operator to the user of the relevant key
communications services in the event less than 6 years have passed form the commencement
date of the key communications services.
 Support Standards
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(1)
    
    The Korea Communications Commission may, in case where there exists an act
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under
paragraph 1 of Article 36-3 or any act in violation of paragraph 1 or 6 of Article 36-4,
impose a penalty surcharge not exceeding 3/100 of the turnover as prescribed by the
Enforcement Decree on the relevant telecommunications business operator. If the
telecommunications business operator refuses to submit the data used for calculation of the
amount of turnover or submits erroneous data, an estimate of the amount can be assessed
based on the financial statement of those who provide similar services in the same industry
(accounting documents, number of subscribers, usage fee and business operation status):
Provided, That where there is no turnover or it is difficult to calculate the turnover as
prescribed by the Enforcement Decree, it may impose the penalty surcharge not exceeding one
billion won. <Amended by Act No. 6822, Dec. 25, 2002, Mar. 24, 2006, Jan.3, 2007;
Amended by Act No. 8867, Feb. 29, 2008>
  1.
    
    details of violation and the extent thereof2.
    
    duration and frequency of violation3.
    
    amount of profit obtained in connection with the violation4.
    
    the amount of turnover obtained as a result of the prohibited activities of
the telecommunications business operator.
  (4)
    
    The Korea Communications Commission shall, where a person liable to pay a penalty
surcharge under paragraph (1) fails to do so by the payment deadline, collect an
additional due equivalent to 6/100 per year, with respect to the penalty surcharge in
arrears, from the day following the expiry of such payment deadline. <Newly inserted.
Jan. 28, 2000, Dec. 26, 2002, Mar. 29, 2007; Amended by Act No. 8867, Feb. 29, 2008>(5)
    
    The Korea Communications Commission shall, where a person liable to pay a penalty
surcharge under paragraph (1) fails to do so by the payment deadline, demand him to pay it
with fixing a period, and if he fails to pay the penalty surcharge and an additional due
under paragraph (4) within the fixed period, collect them according to the example of a
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taken to collect the national taxes in arrears. <Amended by Act No. 6230,
Jan. 28, 2000; Act No. 6822, Dec. 26, 2002, Mar. 29, 2007; Amended by Act No. 8867, Feb. 29,
2008>(6)
    
    In the event the penalty surcharge imposed under paragraph (1) is to be returned
pursuant to the court order, an additional due equivalent to 6/100 per year with respect
to the penalty surcharge in arrears(accrued from the day of payment to the day of payment)
shall be paid. <Newly inserted. Act No. 8198, Jan. 3, 2007, Mar. 29, 2007>
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(2)
    
    If necessary for the protection of private personal information, the Korea
Communications Commission may limit the provision of the number guidance service as
referred to in paragraph (1). < Newly inserted. Jan. 3, 2007; Amended by Act No. 8867,
Feb. 29, 2008>(3)
    
    Matters necessary for a provision of the number guidance service as referred to in
paragraph (1) may be stipulated by the Enforcement Decree. <Amended, Jan. 3, 2007;
Amended by Act No. 8867, Feb. 29, 2008>
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Article 5 (2) shall be deleted.
In Article 13 (7), a deliberation by the Information and Communications Policy
Deliberation Council under Article 44-2 of the Framework Act on Telecommunications, and
consultation with the Fair Trade Commission shall be amended to a consultation with the
Fair Trade Commisssion.
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