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EXHIBIT 15.5 THE TELECOMMUNICATIONS BUSINESS LAW (TRANSLATION) TELECOMMUNICATIONS BUSINESS ACT Wholly amended By
    
    1991·8·10
    
    Act No. 4394Amended By
    
    1991·12·14
    
    Act No. 4439Amended By
    
    1991·12·14
    
    Act No. 4441Amended By
    
    1995·1·5
    
    Act No. 4861Amended By
    
    1995·1·5
    
    Act No. 4903Amended By
    
    1996·12·30
    
    Act No. 5220Amended By
    
    1997·8·28
    
    Act No. 5385Amended By
    
    1998·9·17
    
    Act No. 5564Amended By
    
    1999·2·8
    
    Act No. 5835Amended By
    
    1999·5·24
    
    Act No. 5986Amended By
    
    2000·1·28
    
    Act No. 6230Amended By
    
    2001·1·8
    
    Act No. 6346Amended By
    
    2001·1·16
    
    Act No. 6360Amended By
    
    2002·1·14
    
    Act No. 6602Amended By
    
    2002·2·4
    
    Act No. 6656Amended By
    
    2002·12·26
    
    Act No. 6822Amended By
    
    2004·2·9
    
    Act No. 7165Amended By
    
    2005·3·31
    
    Act No. 7445
 CHAPTER I GENERAL PROVISIONS Article 1 (Purpose)  The purpose of this Act is to contribute to the promotion of public welfare by encouraging
sound development of telecommunications business and ensuring convenience to the users of
telecommunications service through proper management of such business. Article 2 (Definitions)  (1) For the purpose of this Act, <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5385, Aug.
28, 1997; Act No. 5564, Sep. 17, 1998> 1




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1 the term telecommunications business operator means a person who provides
telecommunications service with holding a license or making a registration or report under
this Act;  2 the term user means a person who has made a contract for the use of any telecommunications
service with the telecommunications business operator in order to receive a provision of
telecommunications service; and  3 the term universal service means the basic telecommunications service which any user may
receive at reasonable fees anytime and anywhere.  (2) The terms used in this Act shall be the same as defined in the Framework Act on
Telecommunications, except for those defined in paragraph (1) above. Article 3 (Duty of Providing Services, etc.)  (1) A telecommunications business operator shall not refuse to provide any telecommunications
service, without justifiable reasons.  (2) A telecommunications business operator shall guarantee the fairness, speediness and
accuracy in performing his business.  (3) A fee for telecommunications service shall be reasonably fixed so as to ensure a smooth
development of telecommunications business and to provide the users with convenient and
diverse telecommunications services in the fair and inexpensive manner. Article 3-2 (Universal Service)  (1) All telecommunications business operators shall have the obligation to provide universal
service or to replenish the losses incurred by such provisions. <Amended by Act No. 6346,
Jan. 8, 2001>  (2) The Minister of Information and Communication may, notwithstanding the provisions of
paragraph (1), exempt the telecommunications business operator determined by the Ordinance of
the Ministry of Information and Communication as a telecommunications business operator for
whom an imposition of obligation under paragraph (1) is deemed inadequate in view of the
peculiarity of telecommunications service, or the telecommunications business operator whose 2




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turnover of telecommunications service is less than the amount as determined by the Ordinance
of the Ministry of Information and Communication within the limit of 1/100 of total turnover
of the telecommunications services, from the relevant obligations. <Newly Inserted by Act
No. 6346, Jan. 8, 2001>  (3) The details of universal service shall be determined in consideration of the following
matters:  1 Level of the development of information and communications technology;  2 Level of the dissemination of telecommunications service;  3 Public interest and safety;  4 Promotion of social welfare; and  5 Acceleration of informationalization.  (4) Matters necessary for the details of universal service, designation of a business operator
providing universal service, and compensation for losses incurred in the course of providing
universal service and creation of relevant financial resources shall be prescribed by the
Presidential Decree.
[This Article Newly Inserted by Act No. 5564, Sep. 17, 1998] CHAPTER II TELECOMMUNICATIONS BUSINESS SECTION 1 General Provisions Article 4 (Classification, etc. of Telecommunications Business)  (1) The telecommunications businesses shall be classified into a key communications business,
a specific communications business and a value-added communications business. <Amended by
Act No. 5385, Aug. 28, 1997>  (2) The key communications business shall be the business to install telecommunications line
facilities, and thereby provide telecommunications services such as telegraph and telephone
service
(hereinafter referred to as the key telecommunications services), whose types and contents
are determined by the Ordinance of the Ministry of Information and Communication, in
consideration 3




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of impacts on the public interest and national industries and the necessity for
stable provision of services. <Amended by Act No. 5220, Dec. 30, 1996>  (3) The specific communications business shall correspond to one of the following
subparagraphs: <Newly Inserted by Act No. 5385, Aug. 28, 1997>  1 Business which provides a key telecommunications service by making use of telecommunications
line facilities, etc. of a person who has obtained a license for key communications business
under Article 5 (hereinafter referred to as a key communications business operator); and  2 Business which installs the telecommunications facilities in the premises as determined by
the Ordinance of the Ministry of Information and Communication, and provides a
telecommunications service therein by making use of the said facilities.  (4) The value-added communications business shall be the business which leases
telecommunications line facilities from a key communications business operator, and provides a
telecommunications business service other than the key telecommunications services under
paragraph (2) (hereinafter referred to as the value-added communications service).
<Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997>
[This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] SECTION 2 Key Communications Business Article 5 (License, etc. of Key Communications Business Operator)  (1) A person who intends to run a key communications business shall obtain a license from the
Minister of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996>  (2) The Minister of Information and Communication shall, in case where he intends to grant a
license under paragraph (1), go through a deliberation by the Information and Communications
Policy Deliberation Council under Article 44-2 of the Framework Act on Telecommunications:
Provided, That this shall not apply to the licence of minor business as prescribed by the
Ordinance of the Ministry of Information and Communication. <Amended by Act No. 5220, Dec.
30, 1996> 4




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(3) The Minister of Information and Communication shall, in granting a license under paragraph
(1), comprehensively examine the matters falling under each of the following subparagraphs:
<Amended by Act No. 5220, Dec. 30, 1996>  1 Propriety of the plans for providing the key telecommunications services;  2 Appropriateness of the size of telecommunications facilities;  3 Financial and technical capability;  4 Actual results of technical developments related to key telecommunications services to be
provided;  5 Technical development plans related to key telecommunications services;  6 Support plans for technical developments for promoting telecommunications; and  7 Other necessary matters for the performance of business.  (4) The Minister of Information and Communication shall set forth the detailed examination
criteria by examining item under paragraph (3), period for license and outline of application
for license, and make a public announcement thereof. <Amended by Act No. 5220, Dec. 30,
1996>  (5) The Minister of Information and Communication may, in case where he grants a license for
key communications business under paragraph (1), attach the conditions necessary for provision
of services, or research and development, etc. for promotion of telecommunications industry.
<Amended by Act No. 5220, Dec. 30, 1996>  (6) A person subject to a license under paragraph (1) shall be limited to a juristic person.  (7) Procedures for a license under paragraph (1) and other necessary matters shall be
determined by the Ordinance of Ministry of Information and Communication. <Amended by Act
No. 5220, Dec. 30, 1996>
[This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] Article 5-2 (Reason for Disqualification for License) 5




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Persons falling under each of the following subparagraphs shall not be entitled to obtain the
license for a key communications business as referred to in Article 5:  1. The State or local governments:  2. Foreign governments or foreign corporations: and  3. Corporations whose stocks are owned by foreign governments or foreigners in excess of the
restrictions on stock possessions as referred to in Article 6(1).[This Article Newly Inserted by Act No. 7165, Feb 9, 2004] Article 6 (Restrictions on Stock Possessions of Foreign Governments or Foreigners)  (1) The stocks of a key communications business operator (limited to the voting stocks, and
including the stock equivalents with voting rights, such as stock depositary receipts, etc.
and investment equities; hereinafter the same shall apply) shall not be owned in excess of
49/100 of the gross number of issued stocks, when adding up all of those owned by the foreign
governments or foreigners.  (2) A corporation whose largest stockholder is a foreign government or a foreigner (including
a specially-related person as referred to in sub-paragraph 3 of Article 36 of the Securities
and Exchange Act; hereinafter the same shall apply), and when not less than 15/100 of the
gross number of its issued stocks are owned by the said foreign government or foreigner
(hereinafter referred to as the fictitious corporation of foreigners), it shall be regarded
as a foreigner.  (3) A corporation that owns less than 1/100 of the gross number of stocks issued by a key
communications business operator shall not be regarded as a foreigner, even if it is equipped
with the requirements as referred to in paragraph (2).[This Article Wholly Amended by Act No. 7165, Feb. 9, 2004] Article 6-2 (Qualification Requirements for Officers)  (1) A person falling under any of the following subparagraphs shall not become an officer of a
key communications business operator: <Amended by Act No. 5385, Aug. 28, 1997; Act No.
6230, Jan. 28, 2000; Act No. 6822, Dec. 26, 2002>  1 A minor or a person who has been declared as incompetent or quasi-incompetent; 6




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2 A person who has been declared bankrupt and not yet reinstated;  3 A person who has been sentenced to an imprisonment or heavier punishment for violations of
this Act, the Framework Act on Telecommunications, the Radio Waves Act or the Act on
Promotion, etc. of Utilization of Information System, and for whom three years have not passed
since the termination of execution of the sentence (including the case of deemed termination
of execution) or the confirmation of non-execution of the sentence;  4 A person who has been sentenced to an imprisonment or heavier punishment for violations of
this Act, the Framework Act on Telecommunications, the Radio Waves Act or the Act on
Promotion, etc. of Utilization of Information System, and who is in the period of suspended
sentence;  5 A person who has been sentenced to a fine or heavier punishment for violations of this Act,
the Framework Act on Telecommunications or the Act on Promotion, etc. of Utilization of
Information System, and for whom three years have not passed since such sentence;  6 A person for whom three years have not passed since a revocation of his license under
Article 15 (1), a revocation of his registration under Article 28 (1), or a receipt of an
order for business closedown under paragraph (2) of the same Article. In this case, if it is a
juristic person, it refers to the person who has committed an act causing a revocation of
license or registration, or an order for business closedown, and the representative thereof.
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996]  (2) If an officer falls into any of subparagraphs of paragraph (1) above or if it is found
that an officer fell into any of those at the time of appointment, such officer shall resign
from his/her office.  (3) Any action made by the officer who resigns pursuant to paragraph (2) above shall not be
invalidated due to such resignation. Article 6-3 (Examination of Public Interest Nature of Stock Acquisition, etc. by Key Communications Business Operator)  (1) The Public Interest Nature Examination Committee (hereinafter referred to as the
Committee) shall be established in the Ministry of Information and Communication in order to
make an examination regarding whether or not what falls under each of the following
subparagraphs 7




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impedes the public interest as prescribed by the Presidential Decree (hereinafter referred to
as the examination of public interest nature), such as the national safety guarantee and
maintenance of public peace and order, etc.:  1 Where the principal comes to own not less than 15/100 of the gross number of stocks issued
by a key communications business operator, when adding up those owned by the specially-related
person as referred to in subparagraph 3 of Article 36 of the Securities and Exchange Act
(hereinafter referred to as the specially-related person);  2 Where the largest stockholder of a key communications business operator is altered;  3 Where a key communications business operator or any stockholder of a key communications
business operator concludes a contract for important management matters as prescribed by the
Presidential Decree, such as the appointment and dismissal of executives and the transfer or
takeover, etc. of business of the relevant key communications business operator, with a
foreign government or a foreigner; and  4 Other cases as prescribed by the Presidential Decree, where there exists a change in the
stockholders who have de factomanagement rights of a key communications business operator.  (2) Where a key communications business operator or any stockholder of a key communications
business operator comes to fall under each of subparagraphs of paragraph (1), he shall file a
report thereon with the Minister of Information and Communication within seven days from the
time when such a fact took place.  (3) Where a key communications business operator or any stockholder of a key communications
business operator is to come to fall under each of subparagraphs of paragraph (1), he may,
prior to the said situation, request the Minister of Information and communication to make an
examination as referred to in paragraph (1).  (4) Where the Minister of Information and Communication has received a report as referred to
in paragraph (2) or a request for examination as referred to in paragraph (3), he shall refer
it to the Committee.  (5) Where the Minister of Information and Communication judges that there exists a danger of
impeding the public interests by the cases falling under each of subparagraphs of paragraph
(1) in view of the result of examination as referred to in paragraph (1), he may order the
alteration of 8




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contract detail and suspension of its implementation, the suspension of exercise of voting
rights, or the sale of relevant stocks.  (6) The report as referred to in paragraph (2) or (3), or the scope of key communications
business operators to be examined, the procedures for reports and examinations and other
necessary matters shall be stipulated by the Ordinance of the Ministry of Information and
Communication.[This Article Wholly Amended by Act No. 7165, Feb. 9, 2004] Article 6-4 (Composition and Operation, etc. of Public Interest Nature Examination Committee)  (1) The Committee shall consist of not less than five but not more than ten members including
one Chairman.  (2) The Chairman shall be the Vice Minister of Information and Communication, and the members
shall be the persons commissioned by the Chairman from among the public officials ranking
Grade III or higher grade of related central administrative agencies as prescribed by the
Presidential Decree, and those falling ender each of the following subparagraphs:  1 Persons having profound knowledge and experiences in the information and communications;  2 Persons recommended by the Governmental-contributed research institutes relating to the
national safety guarantee and maintenance of public peace and order;  3 Persons recommended by the nonprofit non-governmental organizations as referred to in
Article 2 of Assistance for Nonprofit Non- Governmental Organizations Act; and  4 Other persons deemed necessary by the Chairman.  (3) The Committee may conduct necessary investigations for the examination of public interest
nature, or request the interested parties or the reference witnesses to provide the data. In
such case, the relevant interested parties or the reference witnesses shall comply with it
unless they have any justifiable reasons.  (4) Where the Committees deems it necessary, it may have the interested parties or the
reference witnesses attend the Committee, and hear their opinions. 9




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(5) Matters necessary for the organization or operation, etc. of the Committee shall be
prescribed by the Presidential Decree.[This Article Newly Inserted by Act No. 7165, Feb. 9, 2004] Article 7 (restrictions, etc. on Stockholders of Excessive Possession)  (1) Where a Foreign Government or a foreigner has acquired the stocks in contravention of the
provision of Article 6 (1), no voting rights shall be exercised for the stocks under the said
excessive possession.  (2) The Minister of information and Communication may order the stockholder who has acquired
stocks in contravention of the provisions of Article 6 (1), a key communications business
operator wherein exists the said stockholder, or the stock-holder of the fictitious
corporation of foreigners, to make corrections in the relevant matters, with specifying the
period within the limit of six months.  (3) Persons subjected to the order for corrections as referred to in paragraph (2) shall make
corrections in the relevant matters within the specified period.  (4) With regard to the stockholder in contravention of the provisions of Article 6 (1), a key
communications business operator may refuse any renewals for the excessive portion in the
register of the stockholders or of members.[This Article Newly Inserted by Act No. 7165, Feb. 9, 2004 Article 7-2 (Charge for Compelling Execution)  (1) Against the persons who were subjected to the order as referred to in Articles 6-3 (5) or
7 (2) (hereinafter referred to as the corrective orders) and has failed to comply with them
within the specified period, the Minister of the Information and Communication may levy the
charge for compelling the execution, In such case, the charge for compelling the execution
leviable per day shall be not more than 3/1,000 of the purchase prices of relevant possessed
stocks, but in the case not related with the stock possession, it shall be the amount not
exceeding 100 million won.  (2) The period subject to a levy of the charge for compelling the execution as referred to in
paragraph (1) shall be from the day next to the date of expiration of the period set in the
corrective orders to the date of implementing the corrective orders. In such case, a levy of
the day next to the expiration date of the period set in the corrective orders, except for the
case where there exists a special reason. 10




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(3) Provisions of the Article 37-2 (4) shall apply mutatis mutandis to the collection of the
charge for compelling the execution.  (4) Matters necessary for the levy, payment, refund, etc. of the charge for compelling the
execution shall be prescribed by the Presidential Decree.
[This Article Newly Inserted by Act No. 7165, Feb. 9, 2004] Article 8 (Issuance of Stocks)  A key communications business operator shall, in a case of an issuance of stocks, issue the
registered ones. <Amended by Act No. 4903, Jan. 5, 1995> Article 9 (Obligation of Commencing Business)  (1) A key communications business operator shall install telecommunications facilities and
commence business within the period as fixed by the Minister of Information and Communication.
<Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996>  (2) The Minister of Information and Communication may, in case where the said business
operator is unable to commence business within the period under paragraph (1) due to force
majeure and other unavoidable reasons, extend the relevant period only once, upon an
application of the key communications business operator. <Amended by Act No. 4903, Jan. 5,
1995; Act No. 5220, Dec. 30, 1996>  (3) Deleted. <by Act No. 5564, Sep. 17, 1998> Article 10 (Addition of Service and Modification of License)  (1) A key communications business operator shall, in case where he intends to additionally
provide a key communications service other than that already licensed under Article 5, obtain
a modified license for such change from the Minister of Information and Communication, under
the conditions as prescribed by the Ordinance of the Ministry of Information and
Communication: Provided, That where a key communications business operator who provides a
telephone service intends to additionally provide a key communications service
prescribed by the Ordinance of the Ministry of Information and Communication within the limit of not
hampering a key communications service 11




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which is provided by making use of existing facilities, he shall make a report thereon to the
Minister of Information and Communication.  (2) Where a key communications business operator intends to modify the
important matters prescribed by the Ordinance of the Ministry of Information and Communication
from among the matters licensed under Article 5, he shall obtain a modified license from the
Minister of Information and Communication, under the conditions as prescribed by the Ordinance
of the Ministry of Information and Communication.  (3) The provisions of Articles 5 (5) and Article 9 shall be applicable mutatis mutandis to a
modified license for change under paragraph (1). [This Article Wholly Amended by Act No. 5564,
Sep. 17, 1998] Article 11 (Concurrent Operation of Business)  (1) A key communications business operator shall, in case where he intends to run a business
other than the telecommunications, obtain approval from the Minister of Information and
Communication: Provided, That this shall not apply to the business as prescribed by the
Presidential Decree. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30,
1996>  (2) The Minister of Information and Communication shall grant approval under paragraph (1), in
case where deemed that a key communications business operator is not likely to cause any
impediments to the operation of telecommunications service by running a business under
paragraph (1), and that it is required for the development of telecommunications. <Amended
by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> Article 12  Deleted. <by Act No. 5986, May 24, 1999> Article 13 (Takeover of Business and Merger of Juristic Persons, etc.)  (1) A person who intends to take over the whole or part of a business of a key communications
business operator or to merge with a juristic person which is a key communications business
operator, or a key communications business operator intending to sell the telecommunications
business operator intending to sell the telecommunications circuit installations necessary for 12




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providing a key communications service, shall obtain an authorization from the Minister of
Information and Communication under the conditions as prescribed by the Ordinance of the
Ministry of Information and Communication. [Amended by Act No. 7165, Feb 9, 2004]  (2) Where a key communications business operator intends to establish a juristic person in
order to provide a part of key communications services from among the plural key
communications services licensed, he shall obtain approval from the Minister of Information
and Communication, under the conditions as prescribed by the Ordinance of the Ministry of
Information and Communication.  (3) The Minister of Information and Communication shall, in case where he intends to grant
authorization or approval under paragraph (1) or (2), comprehensively examine the matters
falling under each of the following subparagraphs: <Newly Inserted by Act No. 6230, Jan.
28, 2000>  1 Appropriateness of financial and technical capability and business operational capability;  2 Appropriateness of management of resources for information and communications, such as
frequencies and telecommunications numbers, etc.;  3 Impact on the competition of key communications business; and  4 Impact on the protection of users and the public interests.  (4) Matters necessary for the detailed examination standards by examination items and the
examination procedures, etc. under paragraphs (3) shall be fixed and publicly announced by the
Minister of Information and Communication. <Newly Inserted by Act No. 6230, Jan. 28,
2000>  (5) A person who has taken over the business of a key communications business operator by
obtaining an authorization under paragraph (1), or a juristic person surviving a merger or
that established by a merger, or that established by obtaining an authorization under
paragraph (2), shall succeed to the status which is related to a license of the relevant key
communications business.  (6) The Minister of Information and Communication may, in case where he grants authorization
or approval under paragraph (1) or (2), attach conditions required for fair competition and
protection of users, etc. <Newly Inserted by Act No. 6230, Jan. 28, 2000>  (7) The Minister of Information and Communication shall, in case where he intends to grant an
authorization under paragraph (1), go through a deliberation by the Information and 13




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Communications Policy Deliberation Council under Article 44-2 of the Framework Act on
Telecommunications, and consultation with the Fair Trade Commission. <Amended by Act No.
6230, Jan. 28, 2000>  (8) The provisions of Article 5-2 shall apply mutatis mutandis to an authorization under
paragraph (1) and approval under paragraph (2). [Amended by Act No. 7165, Feb 9, 2004]
[This Article Wholly Amended by Act No. 5564, Sep. 17, 1998] Article 14 (Suspension, Closedown of Business or Dissolution of Juristic Persons, etc.)  (1) A key communications business operator shall, in case where he intends to suspend or
discontinue the whole or part of a key communications business run by him, obtain approval
from Minister of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996>  (2) The resolution for a dissolution of a juristic person which is a key communications
business operator or all employees consent to such dissolution shall be subject to
authorization from the Minister of Information and Communication. <Amended by Act No. 5220,
Dec. 30, 1996>  (3) The Minister of Information and Communication shall, in case where an application for
approval or authorization under paragraph (1) or (2) is made, and where deemed that
suspension, discontinuance of relevant business or a dissolution of a juristic person is
likely to hamper the public interests, not grant the relevant approval or authorization.
<Amended by Act No. 5220, Dec. 30, 1996>  [This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] Article 15 (Cancellation of License, etc.)  (1) The Minister of Information and Communication may, in case where a key communications
business operator falls under any of the following subparagraphs, cancel the relevant license
or give an order to suspend the whole or part of business with fixing a period of no more than
one year: <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996; Act No.
5564, Sep. 17, 1998; Act No. 5835, Feb. 8, 1999; Act No. 6230, Jan. 28, 2000>  1 Where he has obtained a license by deceit and other illegal means;  2 Where he has failed to implement the conditions under Articles 5 (5) and 13 (6); 14




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3 Where he has failed to observe the orders under Article 7 (2);  4 Where he has failed to commence business within the period under Article 9 (1) (in case of
obtaining an extension of the period under Article 9 (2), the extended period);  5 Where he has failed to comply with the standardized use contract, that is authorized or
reported under Article 29 (1); and  6 Where he has violated this Act (excluding the provisions of Articles 36-3 and 36-4), the
Framework Act on Telecommunications, the Radio Waves Act, the Act on Promotion, etc. of
Utilization of Information System, the Framework Act on Informationalization Promotion or the
orders under these Acts.  (2) Criteria and procedures for the dispositions under paragraph (1) and other necessary
matters shall be determined by the Ordinance of Ministry of Information and Communication.
<Amended by Act No. 5220, Dec. 30, 1996> Article 16  Deleted. <by Act No. 5564, Sep. 17, 1998> SECTION 3 Deleted. Articles 17 and 18  Deleted. <by Act No. 4903, Jan. 5, 1995> SECTION 4 Specific Communications Business and Value-Added Communications Business Article 19 (Registration of Specific Communications Business Operator)  (1) A person who intends to operate a specific communications service shall register the
following matters with the Minister of Information and Communication under the conditions as
determined by the Ordinance of the Ministry of Information and Communication:  1 Financial and technical capability; 15




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2 Plans for a user protection; and  3 Business plans, etc, and other matters as determined by the Ordinance of the Ministry of
Information and Communication.  (2) The Minister of Information and Communication may, upon receipt of the registration of a
specific communications business under paragraph (1), attach the conditions necessary for a
provision of services or research and development for the promotion of telecommunications
industry.  (3) A person subject to the registration of specific communications business under paragraph
(1) shall be limited to a juristic person.  (4) Procedures and requirements for the registration under paragraph (1) and other necessary
matters shall be determined by the Ordinance of the Ministry of Information and Communication.
[This Article Newly Inserted by Act No. 5385, Aug. 28, 1997] Article 20  Deleted. <by Act No. 5986, May 24, 1999> Article 21 (Report, etc. of Value-Added Communications Business Operator)  A person who intends to run a value-added communications business shall report to the Minister
of Information and Communication, under the conditions as prescribed by the Presidential
Decree: Provided, That this shall not apply to a case where a key communications business
operator intends to run a value-added communications business. <Amended by Act No. 5220,
Dec. 30, 1996; Act No. 7445, March 31, 2005>
[This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] Article 22 (Modification of Registered or Reported Matters)  A person who has registered as a specific communications business operator under Article 19
(hereinafter referred to as a specific communications business operator) or who has made a
report of a value-added communications business operator under Article 21 (hereinafter
referred to as a value-added communications business operator) shall, when he intends to
modify the matters as 16




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determined by the Ordinance of the Ministry of Information and Communication from among the
relevant registered or reported matters, make in advance a modified registration or modified
report to the Minister of Information and Communication, under the conditions as prescribed by
the said Ordinance.
[This Article Wholly Amended by Act No. 5385, Aug. 28, 1997] Article 23  Deleted. <by Act No. 4903, Jan. 5, 1995> Articles 24 and 24-2  Deleted. <by Act No. 5986, May 24, 1999> Article 25 (Transfer or Takeover, etc. of Business)  In case where there exists a transfer or takeover of the whole or part of a specific
communications business or a value-added communications business, or a merger or succession of
a juristic person which is a specific communications business operator or a value-added
communications business operator, a person who has taken over the relevant business, the
juristic person surviving the merger, the juristic person founded by the merger, or the
successor shall make the report thereon to the Minister of Information and Communication,
under the conditions as determined by the Ordinance of Ministry of Information and
Communication. <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997; Act
No. 5564, Sep. 17, 1998> Article 26 (Succession of Business)  In case where there have existed a transfer or takeover of a specific communications business
or a value-added communications business, a merger of a juristic person which is a value-added
communications business operator, or a succession of a value-added communications business,
under Article 25, a person who has taken over the business, a juristic person surviving a
merger, a juristic person founded by a merger or a successor shall succeed to the status of a
former specific communications business operator or a value-added communications business
operator. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5385, Aug. 28, 1997> Article 27 (Suspension or Closedown, etc. of Business) 17




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(1) A specific communications business operator or a value-added communications business
operator shall, in case where he intends to suspend or close down the whole or part of his
business, notify the relevant contents to the users of relevant services, and report thereon
to the Minister of Information and Communication not later than thirty days prior to the
slated date of the relevant suspension or closedown. <Amended by Act No. 5220, Dec. 30,
1996; Act No. 5385, Aug. 28, 1997>  (2) Where a juristic person which is a specific communications business operator or a
value-added communications business operator is dissolved for reasons other than a merger, a
relevant liquidator (referred to a trustee in a bankruptcy, when it is dissolved by
bankruptcy) shall report thereon without delay to the Minister of Information and
Communication. <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997> Article 28 (Cancellation of Registration and Order for Closedown of Business)  (1) The Minister of Information and Communication may, when a specific communications business
operator falls under any of the following subparagraphs, cancel his registration, or suspend
his business by specifying the period of not more than one year: Provided, That when he falls
under subparagraph 1, the Minister of Information and Communication shall cancel his
registration: <Newly Inserted by Act No. 5385, Aug. 28, 1997; Act No. 5564, Sep. 17, 1998;
Act No. 5835, Feb. 8, 1999; Act No. 5986, May 24, 1999; Act No. 6230, Jan. 28, 2000; Act No.
6360, Jan. 16, 2001>  1 Where he makes a registration by deceit and other illegal means;  2 Where he fails to commence business within one year from the date on which a registration
was made under Article 19 (1), or continually suspends business operation for not less than
one year;  3 Where he fails to implement the conditions under Article 19 (2);  4 Deleted; <by Act No. 5986, May 24, 1999>  5 Where he fails to comply with an order for correction under Article 65 (1) without any
justifiable reasons;  6 Where he fails to comply with an order under Article 7 (2) which applies mutatis mutandis
under Article 6 (2) of the Addenda; and 18




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7 Where he violates this Act (excluding the provisions of Articles 36-3 and 36-4), the
Framework Act on Telecommunications, the Radio Waves Act, the Act on Promotion of Information
and Communications Network Utilization and Information Protection, etc., or the Framework Act
on Informatization Promotion, or any order issued under such Acts.  (2) The Minister of Information and Communication may, when a value-added communications
business operator falls under any of the following subparagraphs, issue an order to him for a
closedown of business or for a suspension of business by specifying a period of not more than
one year: Provided, That where he falls under subparagraph 1, the said Minister shall issue an
order to him for a closedown of business: <Amended by Act No. 4903, Jan 5, 1995; Act No.
5220, Dec. 30, 1996; Act No. 5564, Sep. 17, 1998; Act No. 5835, Feb. 8, 1999; Act No. 5986,
May 24, 1999; Act No. 6230, Jan. 28, 2000; Act No. 6360, Jan. 16, 2001>  1 Where he makes a report by deceit and other illegal means;  2 Where he fails to commence the business within one year from the reporting date under
Article 21, or suspend the business operation for not less than one year;  3 Deleted; <by Act No. 5986, May 24, 1999>  4 Where he fails to comply with a correction order under Article 65 (1) without any
justifiable reasons; and  5 Where he violates this Act (excluding the provisions of Articles 36-3 and 36-4), the
Framework Act on Telecommunications, the Radio Waves Act, the Act on the Promotion, etc. of
Utilization of Information Communication Networks, the Framework Act on Informatization
Promotion or any order issued under such Acts.  (3) Criteria and procedures for dispositions taken under paragraph (1) or (2) and other
necessary matters shall be determined by the Ordinance of the Ministry of Information and
Communication. <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997> CHAPTER III TELECOMMUNICATIONS SERVICE  Article 29 (Report, etc. of Standardized Use Contract) 19




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(1) A key communications business operator shall set forth the fees and other terms for use by
service with respect to the telecommunications service which he intends to provide
(hereinafter referred to as the standardized use contract), and report thereon (including a
modified report) to the Minister of Information and Communication: Provided, That in a case of
a key communications service whose size of business and market share correspond to the
standards as determined by the Ordinance of the Ministry of Information and Communication, it
shall obtain an authorization of the Minister of Information and Communication (including a
modified authorization). <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30,
1996>  (2) Deleted. <by Act No. 5385, Aug. 28, 1997>  (3) The Minister of Information and Communication shall authorize the standardized use
contract under the proviso of paragraph (1), if it falls under the criteria of any of the
following subparagraphs: <Amended by Act No. 5220, Dec. 30, 1996>  1 Fees for telecommunications service shall be proper, fair and reasonable;  2 Computing methods of telecommunications service fees shall be proper and definite;  3 Matters concerning the responsibility of key communications business operators and relevant
users, cost-sharing methods concerning the installation work of telecommunications facilities
and other works shall be proper and definite;  4 Forms of use of telecommunications line facilities by other telecommunications business
operators or users shall not be unduly restricted;  5 Undue discriminatory treatments shall not be made to specific persons; and  6 Matters on securing the important communications under Article 55 shall be adequately
considered.  (4) The Minister of Information and Communication may, when there exists any need for a key
communications business operator to provide telecommunications service on a trial basis, grant
a temporary authorization for a standardized use contract, notwithstanding the provisions of
paragraph (1). <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> 20




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(5) The standardized use contract under paragraph (1) shall be applicable with respect to use
of telecommunications line facilities, in case where a specific communications business
operator or a value-added communications business operator makes use of telecommunications
line facilities of a key communications business operator. <Amended by Act No. 5385, Aug.
28, 1997> Article 30 (Alteration, etc. of Standardized Use Contract)  (1) The Minister of Information and Communication may, after going through a deliberation by
the Korea Communications Commission under Article 37 of the Framework Act on
Telecommunications (hereinafter referred to as the Korea Communications Commission), order
the telecommunications business operator to make alterations in the standardized use contract,
with fixing a considerable period, in case where deemed that there exist obstructions to the
advancement of the public interests as the standardized use contract by the telecommunications
business operator becomes significantly unreasonable due to the fluctuations in the social or
economic status. <Amended by Act No. 5220, Dec. 30, 1996; Act No. 6230, Jan. 28, 2000; Act
No. 6822, Dec. 26, 2002>  (2) A telecommunications business operator shall, in case where there exists an order for
alterations under paragraph (1), make alterations in the relevant standardized use contract
within the specified period. Article 31  Deleted. <by Act No. 5986, May 24, 1999> Article 32 (Reduction or Exemption of Fees)  A key communications business operator may reduce or exempt the fees for telecommunications
service, under the conditions as prescribed by the Presidential Decree. Article 32-2 (Restriction on Use by Others)  No person shall intermediate others communications or provide for others communications by
making use of telecommunications services provided by a telecommunications business operator:
Provided, That this shall not apply to any of the following cases: 21




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1 If necessary to prevent, or rescue from, accident, or to secure transportation,
communications and electricity and to maintain the public order under the national emergent
circumstances;  2 If the telecommunications services are incidentally provided to the customers of the
business other than a telecommunications business;  3 If the telecommunications services are used for the purpose of test of telecommunications
equipment, such as telephones, etc., to be developed and sold;  4 If the telecommunications services are not repeatedly used by a third party; or  5 If necessary for public interest or if the use of telecommunications services does not
interfere with the business of a telecommunications business operator, as prescribed by the
Presidential Decree.[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996; Amended by
Act No. 6822, Dec. 26, 2002] Article 32-3  Deleted. <by Act No. 6602, Jan. 14, 2002> Article 32-4 (Use of Transmission or Line Equipments, etc.)  (1) The composite cable TV business operator, transmission network business operator, or relay
cable broadcasting business operator under the Broadcasting Act may provide the transmission
or line equipments or the cable broadcasting equipments possessed under the conditions as
prescribed by the Presidential Decree to the key communications business operators.
<Amended by Act No. 6346, Jan. 8, 2001>  (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 a value-added communications services by making use of the transmission or line
equipments or cable broadcasting equipments, make a report thereon to the Minister of
Information and Communication pursuant to Article 21. <Amended by Act No. 6346, Jan. 8,
2001>  (3) The provisions of Articles 33-5 through 37 and 38 shall be applicable mutatis mutandis to
the transmission or line facilities or cable broadcasting facilities under paragraph (1).
<Amended by Act No. 5564, Sep. 17, 1998; Act No. 6346, Jan. 8, 2001> 22




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(4) The provisions of Article 25 (2) through (6) of the Framework Act on Telecommunications
shall be applicable mutatis mutandis to the offer of services under paragraph (2).
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 33 (Protection of Users)  (1) Deleted. <by Act No. 5986, May 24, 1999>  (2) A telecommunications business operator shall take a prompt measure on the reasonable
opinions or dissatisfactions raised by the users with respect to the telecommunications
service. In this case, if it is difficult to take a prompt measure, he shall notify the users
of the reasons thereof and the schedule for measures.  (3) Compensations for the damages incurred by the occurrence of reasons causing the opinions
or dissatisfactions under paragraph (2) and by the delay of relevant measures shall be made
pursuant to Article 33-2. <Amended by Act No. 5220, Dec. 30, 1996> Article 33-2 (Compensation for Damages)  A telecommunications business operator shall make compensations when he inflicts any damages
on the users in the course of providing telecommunications services: Provided, That if such
damages are the results of force majeure, or of intent or negligence of the users, the
relevant liability for compensations shall be reduced or exempted.
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 33-3 (Request for Ruling and Compensation Procedures for Damages)  (1) In a case of making a compensation for damages under Article 33-2, a consultation shall be
made with the recipient of compensations for damages.  (2) If a consultation on the compensations for damages under paragraph (1) has not been made
or is unable to be made, the parties concerned may request the Korea Communications Commission
for a ruling.
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996; Amended by Act No. 6822, Dec. 26,
2002] 23




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CHAPTER IV PROMOTION OF COMPETITION AMONG THE TELECOMMUNICATIONS SERVICES Article 33-4 (Promotion of Competition)  The Minister of Information and Communication shall exert efforts to construct an efficient
competition system and to promote fair competitive environments, in the telecommunications
services.
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 33-5 (Provision of Telecommunications Facilities)  (1) A key communications business operator may, upon receipt of a request for the provision of
telecommunications facilities from other key communications business operator, provide the
telecommunications facilities by concluding an agreement with him.  (2) A key communications business operator falling under any of the following subparagraphs
shall, upon receipt of a request under paragraph (1), provide the telecommunications
facilities by concluding an agreement, notwithstanding the provisions of paragraph (1):
<Newly Inserted by Act No. 6346, Jan. 8, 2001>  1 A key communications business operator who possesses the equipments which are indispensable
for other telecommunications business operators in providing the telecommunications services;
and  2 A key communications business operator whose business scale and market shares, etc. of key
telecommunications services are equivalent to the criteria as determined by the Ordinance of
the Ministry of Information and Communication.  (3) The Minister of Information and Communication shall set forth and publicly notify the
scope of telecommunications facilities, the conditions, procedures and methods for the
provision of facilities, and the standards for calculation of prices under paragraphs (1) and
(2). In this case, the scope of telecommunications facilities to be provided under paragraph
(2) shall be determined in view of the demand for telecommunications facilities by the key
communications business operators falling under each subparagraph of the same paragraph.
<Amended by Act No. 6346, Jan. 8, 2001> 24




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(4) A key communications business operator in receipt of provisions of the telecommunications
facilities may install the apparatus enhancing the efficiency of the relevant facilities,
within the limit necessary for the provision of the licensed telecommunications services.  (5) The Minister of Information and Communication shall go through a deliberation of the Korea
Communications Commission, in case where he intends to set forth the standards under paragraph
(3). <Amended by Act No. 6346, Jan. 8, 2001>
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 33-6 (Joint Utilization of Subscribers Lines)  (1) A key communications business operator shall, in case where other telecommunications
business operators as determined and publicly noticed by the Minister of Information and
Communication have made a request for a joint utilization with respect to the lines installed
in the section from the exchange facilities directly connected with the users to the users
(hereafter in this Article, referred to as the subscribers lines), allow it.  (2) The Minister of Information and Communication shall set forth and publicly notify the
scope of joint utilization of the subscribers lines under paragraph (1), its conditions,
procedures and methods, and the standards for calculation of prices.  (3) The Minister of Information and Communication shall, in case where he intends to set forth
the criteria under paragraph (2), go through the deliberation of the Korea Communications
Commission.
[This Article Newly Inserted by Act No. 6346, Jan. 8, 2001] Article 33-7 (Joint Utilization of Radio Communications Facilities)  (1) A key communications business operator may, upon receipt of a request for the joint
utilization of radio communications facilities (hereinafter referred to as the joint
utilization) from other key communications business operators, allow it by concluding an
agreement. In this case, the prices for the joint utilization among the key communications
business operators as set forth and publicly notified by the Minister of Information and
Communication shall be computed and settled accounts by a fair and reasonable means.  (2) The key communications business operators as determined and publicly notified by the
Minister of Information and Communication shall, upon receipt of a request for the joint
utilization from other key communications business operators as determined and publicly
notified by the Minister of 25




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Information and Communication, allow it by concluding an agreement, notwithstanding the
provisions of paragraph (1), in order to enhance the efficiency of the telecommunications
business and to protect the users.  (3) The Minister of Information and Communication shall set forth and publicly notify the
standard for computing the prices for joint utilization under the latter part of paragraph (1)
and its procedures and payment methods, etc., and the scope of joint utilization under
paragraph (2), its conditions, procedures and methods, and the computation of prices, etc.  (4) The Minister of Information and Communication shall, in case where he intends to set forth
the criteria under paragraph (3), go through in advance the deliberation of the Korea
Communications Commission.
[This Article Newly Inserted by Act No. 6346, Jan. 8, 2001] Article 34 (Interconnection)  (1) A telecommunications business operator may allow the interconnection by concluding an
agreement, upon a request from other telecommunications business operators for an
interconnection of telecommunications facilities.  (2) The Minister of Information and Communication shall set forth and publicly notify the
scope of interconnections of telecommunications facilities, the conditions, procedures and
methods, and the standards for calculation of prices under paragraph (1).  (3) Notwithstanding the provisions of paragraphs (1) and (2), the key communication business
operators falling under any of the following subparagraphs shall allow the interconnection by
concluding an agreement, upon receipt of a request under paragraph (1):  1 A key communications business operator who possesses such facilities as are indispensable
for a provision of telecommunications services by other telecommunications business operators;
and  2 A key telecommunications business operator whose business size of key communications
services and the ratio of market shares are compatible with the standards as determined by the
Ordinance of the Ministry of Information and Communication. 26




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(4) The Minister of Information and Communication shall go through a deliberation of the Korea
Communications Commission, in case where he intends to set forth the standards under paragraph
(2).
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 34-2 (Prices of Interconnection)  (1) Prices for using the interconnection shall be calculated by a fair and proper means and
deducted from each others accounts. The detailed standards for such calculation, their
procedures and methods shall be governed by the standards of Article 34 (2).  (2) A key communications business operator may deduct the prices for interconnection from each
others accounts under the conditions as prescribed by the standards under Article 34 (2), if
he suffers any disadvantages due to the causes of no liability on his part, in the method of
interconnection, the quality of connected conversations, or the provision of information
required for interconnection, etc.  [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 34-3 (Joint Use, etc. of Telecommunications Facilities)  (1) A key communications business operator may allow an access to or a joint use of the
telecommunications equipment or facilities by concluding an agreement, upon receipt of a
request from other telecommunications business operators for an access to or a joint use of
the telecommunications equipment or facilities such as pipes, cables, poles, or stations of
the relevant key communications business operator, for the establishment or operation of
facilities required for interconnection of telecommunications facilities.  (2) The Minister of Information and Communication shall set forth, and make a public notice
of, the scope, conditions, procedures and methods for an access to or a joint use of
telecommunications equipment or facilities, and the standards for computation of prices under
paragraph (1).  (3) Notwithstanding the provisions of paragraph (1), a key communications business operator
falling under any of the following subparagraphs shall allow an access to or a joint use of
the telecommunications equipment or facilities under paragraph (1) by concluding an agreement,
upon a receipt of request under paragraph (1): 27




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1 A key communications business operator who possesses such facilities as are indispensable
for a provision of telecommunications services by other telecommunications business operators;
and  2 A key telecommunications business operator whose business size of key telecommunications
services and the ratio of market shares are compatible with the standards as determined by the
Ordinance of the Ministry of Information and Communication.  (4) The Minister of Information and Communication shall go through a deliberation of the Korea
Communications Commission, in case where he intends to set forth the standards under paragraph
(2).
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 34-4 (Provision of Information)  (1) A key communications business operator may provide requested information by concluding an
agreement, upon a receipt of request from other telecommunications business operators for a
provision of information related to technological information or the users personal matters
which are required for a provision of telecommunications facilities, interconnection, or joint
use, etc. and imposition and collection of fees and a guide to the telecommunications number.
<Amended by Act No. 5385, Aug. 28, 1997>  (2) The Minister of Information and Communication shall set forth, and make a public notice
of, the scope, conditions, procedures and methods for a provision of information, and the
standards for computation of prices under paragraph (1).  (3) Notwithstanding the provisions of paragraph (1), a key communications business operator
falling under any of the following subparagraphs shall provide the requested information by
concluding an agreement, upon a receipt of request under paragraph (1):  1 A key communications business operator who possesses such facilities as are indispensable
for a provision of telecommunications services by other telecommunications business operators;
and  2 A key communications business operator whose business size of key telecommunications
services and the ratio of market shares are compatible with the standards as determined by the
Ordinance of the Ministry of Information and Communication. 28




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(4) A key communications business operator under paragraph (3) shall set forth the technical
standards required for a use by other telecommunications business operators or users by means
of a connection of a monitor and other telecommunications equipment on the relevant
telecommunications facilities, the standards for use and provision, and other standards
required for a creation of fair competitive environments, and make a public notice thereof by
obtaining approval from the Minister of Information and Communication.  (5) The Minister of Information and Communication shall go through a deliberation of the Korea
Communications Commission, when determining the standards under paragraph (2), or granting
approval under paragraph (4).
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 34-5 (Prohibition of Information Diversion)  (1) A telecommunications business operator shall not divulge any information concerning an
individual user which has been obtained due to a provision of his own service, a provision of
telecommunications facilities, or an interconnection: Provided, That the same shall not apply,
when there exists the consent of the principal or the case under a lawful procedure pursuant
to the provisions of the Acts.  (2) A telecommunications business operator shall use the information obtained under Article
34-4 within the context of purposes thereof, and may not use it unjustly, or provide it to the
third parties.
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 34-6 (Report, etc. of Agreement on Interconnection, etc.)  (1) A key communications business operator shall conclude an agreement under Articles 33-5 (1)
and (2), the former part of 33-7 (1), 34 (1), 34-3 (1) or 34-4 (1) and report it to the Korea
Communications Commission within ninety days unless there exist any special reasons, upon
receipt of a request from other telecommunications business operators for a provision or joint
utilization of telecommunications facilities, an interconnection, a joint use or a provision
of information. The same applies in the case of a change or abolition of the agreement.
<Amended by Act No. 6346, Jan. 8, 2001; Act No. 6822, Dec. 26, 2002>  (2) Notwithstanding the provision of paragraph (1), in a case of the agreement in which a key
communications business operator under the latter part of Article 33-7 (1) and (2), Articles
34 (3), 34-3 (3) and 34-4 (3) is a party concerned, an authorization of the Korea
Communications 29




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Commission shall be obtained. <Amended by Act No. 6346, Jan. 8, 2001; Act No. 6822, Dec.
26, 2002>  (3) The agreement under paragraphs (1) and (2) shall meet the standards which are publicly
notified by the Minister of Information and Communication under Article 33-5 (3), 33-7 (3), 34
(2), 34-3 (2), or 34-4 (2). <Amended by Act No. 6346, Jan. 8, 2001>  (4) The Korea Communications Commission may, upon receipt of a request for an authorization
under paragraph (2), order the relevant supplement with fixing a period, if such supplement is
required. <Amended by Act No. 6822, Dec. 26, 2002>  (5) The agreement under Articles 34-3 (1) and 34-4 (1) may be concluded by an inclusion in the
agreement under Article 34 (1).
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 35 (Application for Ruling, etc.)  (1) A telecommunications business operator may make an application to the Korea Communications
Commission for a ruling under Article 40-2 of the Framework Act on Telecommunications, when
the agreement between the telecommunications business operators on a provision and joint
utilization of telecommunications facilities, an interconnection, or a joint use, etc. or a
furnishing of information is not concluded within the period specified by Article 34-6 (1) or
is unable to be concluded. <Amended by Act No. 6346, Jan. 8, 2001>  (2) A telecommunications business operator may make an application to the Korea Communications
Commission for a ruling with the contents of an implementation of the agreement or a
compensation for damages, when the damages occur due to the non-performance of the agreement
concerning a provision and joint utilization of telecommunications facilities, an
interconnection, a joint use, etc. or a furnishing of information, on the part of other
telecommunications business operators. <Amended by Act No. 6346, Jan. 8, 2001>  (3) through (5) Deleted. <by Act No. 5564, Sep. 17, 1998>
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 36 (Telecommunications Number, etc.) 30




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(1) The Minister of Information and Communication shall formulate and enforce the management
plan for telecommunications number, in order to make an efficient provision of
telecommunications service, and the promotion of users convenience and of the environments of
fair competition among telecommunications business operators.  (2) The Minister of Information and Communication shall, when he has formulated the plans
under paragraph (1), make a public notice thereof. This shall also apply to any alterations in
the established plan.  (3) A telecommunications business operator shall observe the matters publicly noticed under
paragraph (2).  (4) Where the Minister of Information and Communication intends to formulate or change the
management plan for the telecommunications number under paragraph (1), he shall go in advance
through a deliberation by the Korea Communications Commission. <Newly Inserted by Act No.
5564, Sep. 17, 1998>
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 36-2 (Accounting Adjustment)  (1) A key communications business operator shall adjust the accounting, prepare a business
report for the preceding year by the end of March every year, and submit it to the Minister of
Information and Communication, under the conditions as determined by the Ordinance of the
Korea Communications Commission , and keep the related books and authoritative documents.
<Amended by Act No. 6822, Dec. 26, 2002>  (2) The Minister of Information and Communication shall, when he intends to determine the
matters of accounting adjustments under paragraph (1), go in advance through a deliberation by
the Korea Communications Commission and a consultation with the Minister of Finance and
Economy. <Amended by Act No. 5564, Sep. 17, 1998>  (3) The Korea Communications Commission may validate the contents of business report submitted
by the key communications business operators under paragraph (1).. <Amended by Act No.
6822, Dec. 26, 2002> 31




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(4) The Korea Communications Commission may, in case where deemed necessary for a validation
under paragraph (3), order the key communications business operators to submit the related
data, or carry out an investigation for a confirmation of facts. <Amended by Act No. 6822,
Dec. 26, 2002>  (5) When the Korea Communications Commission completes the validation of the contents of
business report under paragraph (3), the Korea Communications Commission shall notify the
Minister of Information and Communication of the results of such validation. < Newly
Inserted by Act No. 6822, Dec. 26, 2002>
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 36-3 (Prohibited Acts)  (1) A telecommunications business operator shall not commit any of the following acts
(hereinafter referred to as prohibited acts) which hamper, or are likely to hamper, fair
competitions and the users interests, or have other telecommunications business operators or
the third parties commit these acts: <Amended by Act No. 5986, May 24, 1999; Act No. 6346,
Jan. 8, 2001; Act No. 6822, Dec. 26, 2002>  1 Acts of unfair discriminations in a provision and joint utilization of telecommunications
facilities, an interconnection, a joint application or use, etc. or a provision of
information, etc. or acts of unfairly refusing a conclusion of agreement, or acts of
non-performance of the concluded agreement without any justifiable reasons;  2 Acts of unfairly diverting the information of other telecommunications business operators to
his own business activities, which have been known to him in the course of a provision and
joint utilization of telecommunications facilities, an interconnection, a joint application or
use, etc. and a provision of information, etc.;  3 Acts of computing the fees for a use of telecommunications services, or the prices for a
provision and joint utilization of telecommunications facilities, an interconnection, a joint
application or use, etc. or a provision of information, by unfairly itemizing the expenses or
revenues; and  4 Acts of providing the telecommunications services in a manner different from the
standardized use contract, or acts of providing the telecommunications services in a manner
which significantly hampers the profits of users. 32




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5 Acts of supporting or assisting the users for all or portion of purchase price of telephone
on condition of signing of service agreement when a telecommunications business operator
provides key communications services by using the frequency allotted pursuant to Article 11 or
12 of the Radio Waves Act. Provided that, it shall not apply to the case necessary for the
sound development of a telecommunications business and for the users and public interest, as
set forth by the Presidential Decree. <Newly Inserted by Act No. 6822, Dec. 26, 2002>  (2) If a person representing a telecommunications business operator by contract for the
singing of agreement with the users, etc. (including the change of such agreement) commits any
acts of subparagraph 4 or 5 of paragraph (1), the telecommunications business operator shall
be deemed to do so and the provisions of Articles 37 and 37-2 shall apply to the
telecommunications business operator. Provided that, it shall not apply the case where the
telecommunications business operator takes reasonable actions to prevent such prohibited acts.
<Amended by Act No. 6822, Dec. 26, 2002>  (3) The types and standards of prohibited acts shall be determined by the Presidential Decree.
<Amended by Act No. 6822, Dec. 26, 2002>
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 36-4 (Investigation, etc. of Facts)  (1) The Korea Communications Commission may, in case where deemed by a report or
acknowledgement that there has been an act under Article 36-3, have its public officials
conduct an investigation required for it. <Amended by Act No. 6822, Dec. 26, 2002>  (2) The Korea Communications Commission may, where required for the investigation under
paragraph (1), order a telecommunications business operator to submit the necessary data or
articles, and have its public official visit an office and business place of a
telecommunications business operator or a business place of a person who is entrusted with the
affairs of a telecommunications business operator, and investigate the books, documents, other
data or articles, under the conditions as prescribed by the Presidential Decree. <Amended
by Act No. 5564, Sep. 17, 1998; Act No. 6822, Dec. 26, 2002>  (3) A person who investigates by visiting the offices or workplaces of the telecommunications
business operators, or the workplaces of the persons handling, under an entrustment, the
business of telecommunications business operators, under paragraph (2) shall carry a
certificate indicating the authority, and present it to the persons concerned. <Amended by
Act No. 5564, Sep. 17, 1998> 33




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[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 37 (Measures on Prohibited Acts)  (1) The Korea Communications Commission may order the following measures upon the
telecommunications business operators when it is recognized that the act under Article 36-3
has taken place: <Amended by Act No. 5564, Sep. 17, 1998; Act No. 6346, Jan. 8, 2001; Act
No. 6822, Dec. 26, 2002; Act No. 7445, March 31, 2005>  1 Separation of the supply system of telecommunications service;  2 Change of internal accounting regulations, etc. concerning telecommunications service;  3 Disclosure of information concerning telecommunications service;  4 Conclusion, performance or change of contents of the agreement between the
telecommunications business operators;  5 Change of the standardized use contract and the articles of incorporation of the
telecommunications business operators;  6 Suspension of prohibited acts;  7 Public announcement of a fact of receiving a correction order due to committing the
prohibited acts;  8 Measures necessary for restoring the violated matters due to the prohibited acts to their
original status, such as the removal of telecommunications facilities which have caused the
prohibited acts; and  9 Reform of procedures for conduct of business related to telecommunications services;  10 Other matters necessary for the measures referred to in subparagraphs 1 through 9 above, as
determined by the Presidential Decree.  (2) The telecommunications business operators shall carry out an order of the Korea
Communications Commission under paragraph (1) within the period specified by the Presidential 34




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Decree: Provided, That the said Minister may extend the relevant period only once, if it is
deemed that the telecommunications business operators are unable to carry out the order within
the specified period due to natural disasters and other unavoidable causes. <Amended by Act
No. 6822, Dec. 26, 2002>  (3) The Korea Communications Commission shall, before ordering the measures under paragraph
(1), notify the parties concerned of the content of relevant measures, and provide them with
an opportunity to make a statement within a specified period, and may hear, where deemed
necessary, the opinions of the interested parties: Provided, That this shall not apply when
the parties concerned fail to respond without any justifiable reasons. <Amended by Act No.
6822, Dec. 26, 2002>
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 37-2 (Imposition, etc. of Penalty Surcharge on Prohibited Acts)  (1) The Korea Communications Commission may, in case where there exists an act under Article
36-3, impose a penalty surcharge equal to not less than 3/100 of the turnover as prescribed by
the Presidential Decree on the relevant telecommunications business operators: Provided, That
where there is no turnover or it is difficult to calculate the turnover as prescribed by the
Presidential Decree, he may impose the penalty surcharge not exceeding one billion won.
<Amended by Act No. 6822, Dec. 26, 2002>  (2) The classifications of offenses subject to the imposition of a penalty surcharge under
paragraph (1), the upper limit of the penalty surcharge on such offenses, and other necessary
matters shall be prescribed by the Presidential Decree.  (3) The Korea Communications Commission shall, where a person liable to pay a penalty
surcharge under paragraph (1) fails to do so within a 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 by Act No. 6230, Jan.
28, 2000> <Amended by Act No. 6822, Dec. 26, 2002>  (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, demand him to pay it
with fixing a period, and if he fails to pay the penalty surcharge and an additional due under
paragraph (3) within the fixed period, collect them according to the example of a disposition
taken to collect the national taxes in arrears. <Amended by Act No. 6230, Jan. 28, 2000;
Act No. 6822, Dec. 26, 2002> 35




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[This Article Newly Inserted by Act No. 5564, Sep. 17, 1998] Article 37-3 (Relations with Other Acts)  In case where a measure is taken under Article 37 or a penalty surcharge is imposed under
Article 37-2 against the acts of a telecommunications business operator under any subparagraph
of Article 36-3 (1), a corrective measure or an imposition of penalty surcharge under the
Monopoly Regulation and Fair Trade Act shall not be made under the same grounds against the
same acts of the relevant business operator. <Amended by Act No. 6230, Jan. 28, 2000>
[This Article Newly Inserted by Act No. 5564, Sep. 17, 1998] Article 38 (Compensation for Damages)  In case where a correction measure has been taken under Article 37 (1), a person who is
damaged by the prohibited act may claim for compensation against the telecommunications
business operator who conducted the prohibited act, and the relevant telecommunications
business operator may not shirk liability unless he can prove that there was no malicious
intention or negligence.
[This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 38-2 (Quality Improvement of Telecommunications Services)  (1) A telecommunications business operator shall endeavor to make a quality improvement of the
telecommunications services he provides.  (2) The Minister of Information and Communication shall devise the required policy measures,
such as an evaluation of quality of the telecommunications services, in order to improve a
quality of telecommunications services and to enhance the conveniences of users.  (3) The Minister of Information and Communication may order the telecommunications business
operator to furnish data necessary for an evaluation of quality of the telecommunications
services, etc. under paragraph (2).
[This Article Newly Inserted by Act No. 6230, Jan. 28, 2000] Article 38-3 (Prior Selection Systems)  (1) The Minister of Information and Communication shall perform the systems in which the users
may select in advance the telecommunications business operator from whom they desire to
receive 36




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the telecommunications service (hereinafter referred to as the prior selection systems). In
this case, the telecommunications service shall refer to the telecommunications service as
determined by the Ordinance of the Ministry of Information and Communication from among the
same telecommunications service provided by the plural number of telecommunications business
operators.  (2) The telecommunications business operator shall not force the users to select in advance a
specified telecommunications business operator, or commit the acts to recommend or induce by
unlawful means.  (3) The Minister of Information and Communication may, for the purpose of performing the prior
selection systems efficiently and neutrally, designate the specialized institutes performing
the registration or alteration affairs of the prior selection (hereinafter referred to as the
prior selection registration center).  (4) The Minister of Information and Communication shall determine and publicly notify the
matters necessary for performing the prior selection systems and for the designation of the
prior selection registration center and the method of dealing with its affairs, etc., by going
through the deliberation of the Korea Communications Commission.
[This Article Newly Inserted by Act No. 6346, Jan. 8, 2001] Article 38-4 (Mobility of Numbers)  (1) The Minister of Information and Communication may, in order to have the users to be able
to maintain the previous telecommunications numbers despite of the changes of the
telecommunications business operators, etc., devise and perform the plans for mobility of
telecommunications numbers (hereafter in this Article, referred to as the plans for mobility
of numbers).  (2) The plans for mobility of numbers shall contain the contents falling under any of the
following subparagraphs:  1 Kinds of services subject to the mobility of telecommunications numbers;  2 Time for introduction by service subject to the mobility of telecommunications numbers; and 37




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3 Matters on sharing the expenses required for the performance of mobility of
telecommunications numbers by telecommunications business operator.  (3) The Minister of Information and Communication may, in order to perform the plans for
mobility of numbers, order the relevant telecommunications business operators to take the
necessary measures.  (4) The Minister of Information and Communication shall, in case where he devises or alters
the plans for mobility of numbers, go in advance through the deliberation of the Korea
Communications Commission.
[This Article Newly Inserted by Act No. 6346, Jan. 8, 2001]  (5) The Minister of Information and Communication may designate a specialized agency to
perform the duties of registration, change, etc. of numbers (hereafter referred to as the
numbers mobility administration agency) in order to efficiently and fairly carry out the
mobility of numbers. <Newly Inserted by Act No. 6822, Dec. 26, 2002>  (6) Matters regarding the performance of the mobility of numbers, designation of the numbers
mobility administration agency and its handling of duties, etc. shall be determined and
publicly notified by the Minister of Information and Communication through the deliberation of
the Korea Communications Commission. <Newly Inserted by Act No. 6822, Dec. 26, 2002> Article 38-5 (Restrictions, etc. on Mutual Possession of Stocks)  (1) Where a key communications business operator falling under Article 34(3) 1 or 2 (including
the specially-related persons) possesses in excess of 5/100 of the gross number of voting
stocks issued by the mutually different key communications business operators, shall not be
allowed to exercise any voting rights with regard to the stocks in excess of the relevant
ceiling.  (2) Provisions of paragraph (1) shall not apply to the relation of possessions between a key
communications business operator falling under Article 34(3) 1 or 2 and the key communications
business operator established by the said key communications business operator by becoming the
largest stockholder.[This Article Newly Inserted by Act No. 7165, Feb 9, 2004]  Article 38-6 (Provision of Number Guidance Service) 38




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(1) The telecommunications business operator shall provide an information service of guiding
the general public to the telecommunications numbers of the users by means of voice, booklets
or Internet, etc. (hereinafter referred to as the number guidance service) by obtaining a
consent of the users; Provided, That the same shall not apply to the minor business determined
and publicly announced by the Minister of Information and communication by taking account of
the numbers of the users and the turnovers, etc.  (2) Matters necessary for a provision of the number guidance service as referred to in
paragraph (1) maybe stipulated by the Ordinance of the Ministry of Information and
Communication.[This Article Newly Inserted by Act No. 7165, Feb 9, 2004] CHAPTER V INSTALLATION AND PRESERVATION OF TELECOMMUNICATIONS FACILITIES Article 39 (Use of Land, etc.)  (1) A key communications business operator may, when necessary for the installation of line
tracks, aerial lines and the appurtenant facilities to be available for telecommunications
service (hereinafter referred to as the line tracks, etc.), make use of others land, or
buildings and structures appurtenant thereto, and surface and bottom of the water (hereinafter
referred to as the land, etc.). In this case, a key communications business operator shall
make a consultation with owners or possessors of the relevant land, etc. in advance.  (2) Where a consultation under paragraph (1) is not or may not be made, a key communications
business operator may use the land, etc. owned by others, pursuant to the Act on the
Acquisition of Land, etc. for Public Works and the Compensation therefor. <Amended by Act
No. 6656, Feb. 4, 2002>  (3) Deleted. <by Act No. 5986, May 24, 1999> Article 40 (Temporary Use of Land, etc.)  (1) A key communications business operator may, when necessary for the measurement of line
tracks, etc. and the installation or preservation works of the telecommunications facilities,
temporarily use the private, national or public telecommunications facilities, and the land,
etc., within the limit of not substantially impeding a current use. 39




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(2) A key communications business operator shall, when intending to temporarily use the
private, national or public property under paragraph (1), notify the possessors, in advance,
of the purposes and period of such use: Provided, That in case where it is difficult to make a
prior notification, a prompt notification shall be made during or after its use, and in case
where such notification may not be made due to an obscurity of address and whereabout of
possessors, a public notice thereof shall be made.  (3) The temporary period of use of the land, etc. under paragraph (1) shall not exceed six
months.  (4) A person who temporarily uses the private, national or public telecommuication facilities
or the land, etc. under paragraph (1) shall carry the certificate indicating the authority,
and present it to the persons related. Article 41 (Entry to Land, etc.)  (1) A key communications business operator may enter others land, etc., when necessary for a
measurement, examination, etc., for the installation and preservation of his
telecommunications facilities: Provided, That in case where the place intended for such entry
is a residential building, a consent from residents shall be obtained.  (2) The provisions of Article 40 (2) and (4) shall be applied mutatis mutandis to the entry
into the private, national or public land, etc., by those engaged in a measurement or
examination, etc. under paragraph (1). Article 42 (Request for Elimination of Obstacles, etc.)  (1) A key communications business operator may request the owners or possessors of gas pipes,
water pipes, drain pipes, electric lamp lines, electricity lines or private telecommunications
facilities, which impede or are likely to impede the installation of line tracks, etc. or
telecommunications facilities themselves (hereinafter referred to as the obstacles, etc.),
for the removal, remodeling, repair and other measures with respect to the relevant obstacles,
etc.  (2) A key communications business operator may request the owners or possessors to remove the
plants, when they may impede or are likely to impede the installation or maintenance of line
tracks, etc. or telecommunications themselves. 40




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(3) A key communications business operator may, when the owners or possessors of the plants do
not comply with the request under paragraph (2) or there exist any other unavoidable reasons,
fell or transplant the relevant plants by obtaining permission from the Minister of
Information and Communication. In this case, a prompt notification shall be made to the owners
or possessors of the relevant plants. <Amended by Act No. 5220, Dec. 30, 1996>  (4) The owners or possessors of the obstacles, etc., which impede or are likely to impede the
telecommunications facilities of a key communications business operator, shall make a
consultation in advance with a key communications business operator, when they are in need of
a new construction, enlargement, improvement, removal or alteration of the relevant obstacles,
etc. Article 43 (Utilization of Transportation Facilities)  (1) A key communications business operator may, when necessary for establishing a radio-wave
station to be provided for the telecommunications service, utilize the private, national or
public vessels, airplanes and other transportation facilities, or may make in advance a
consultation with the owners or possessors on a special supply or a provision of facilities
needed for such establishment, and make use of them.  (2) The provisions of Articles 40 (2) and 44 shall be applied mutatis mutandis to the case of
paragraph (1). Article 44 (Obligation for Restoration to Original State)  A key communications business operator shall restore the relevant land, etc. to its original
state, when a use of the land, etc. under Articles 39 and 40 is finished or a need of
providing the land, etc. for telecommunications service is gone, and in case where a
restoration to the original state becomes impossible, make a proper compensation for damages
suffered by the owners or possessors. Article 45 (Compensation for Damages)  A key communications business operator shall, in case of incurring damages on others in case
of Article 40 (1), 41 (1) or 42, make a proper compensation to the suffered person.  Article 46 (Compensation for Actual Expenses) 41




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(1) A key telecommunications business operator shall, in case where a special supply or a
provision of facilities necessary for establishing a radio-wave station to be provided for
telecommunications service has been provided by the owners or possessors of the vessels,
airplanes and other transportation facilities under Article 43 (1), make a compensation for
the actual expenses thereof.  (2) The provisions of Article 33 (3) shall apply to the request for ruling and compensation
procedures for actual expenses under paragraph (1). <Newly Inserted by Act No. 6822, Dec.
26, 2002> Article 47 (Procedures for Compensation for Damages on Land, etc.)  (1) A consultation with the suffered party shall be made, in case where a compensation under
Article 44 or 45 is made due to a use of or an entry into the land, etc., a removal of the
obstacles, etc., or an impossibility of restoration to the original state under Article 40
(1), 41 (1), 42 or 44.  (2) When a consultation under paragraph (1) is not or unable to be made, an application for
adjudications shall be filed with the competent Land Expropriation Commission under the Act on
the Acquisition of Land, etc. for Public Works and the Compensation therefor. <Amended by
Act No. 6656, Feb. 4, 2002>  (3) Except for those as otherwise prescribed by this Act, the provisions of the Act on the
Acquisition of Land, etc. for Public Works and the Compensation therefor shall be applied
mutatis mutandis to the criteria, methods and procedures regarding a compensation for damages,
etc. to the land, etc. under paragraph (1), and an application for adjudications under
paragraph (2). <Amended by Act No. 6656, Feb. 4, 2002>. Articles 48 and 49  Deleted. <by Act No. 5986, May 24, 1999> Article 50 (Protection of Telecommunications Facilities)  (1) No person shall destruct the telecommunications facilities, and obstruct the flow of
telecommunications by impeding the function of telecommunications facilities by means of
having other objects contact them or by any other devices. 42




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(2) No person shall stain the telecommunications facilities or damage the measurement marks of
the telecommunications facilities by means of throwing objects to the telecommunications
facilities or fastening an animal, vessel or a log raft thereto. Article 51 (Moving of Facilities, etc.)  (1) The owners or possessors of the land, etc. may, in case where the telecommunications
facilities of a key communications business operator have become an obstacle to a use of the
land, etc. due to changes in the purpose of use or in the methods of using the land, etc.
where such facilities are located, or the land adjacent to it, request a key communications
business operator to move the telecommunications facilities, and take other measures necessary
for removing the obstacles.  (2) A key communications business operator shall, upon receipt of a request under paragraph
(1), take necessary measures, except for the cases where such measures are difficult to be
taken for a business performance or technologies.  (3) Expenses necessary for the measures under paragraph (2) shall be borne by the requester:
Provided, That they may be reduced or exempted under the conditions as prescribed by the
Presidential Decree. Article 52 (Cooperation of Other Organizations, etc.)  A key communications business operator may ask the related public agencies for a cooperation,
in case where the operation of vehicles, vessels, airplanes and other carriers for the
installation and preservation of his telecommunications facilities. In this case, the public
agency in receipt of a request for cooperation shall comply with it, unless there exist any
justifiable reasons. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 53 (Prohibition of Unlawful Communication)  (1) A person in use of telecommunications shall not commit any of the following
acts:<Amended by Act No. 6822, Dec. 26, 2002>  1 Telecommunications activities of distributing, selling, leasing or displaying lewd symbol,
words, sound, pictures or image; 43




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2 Telecommunications activities of distributing fact or fiction in order to defame other
person;  3 Telecommunications activities of repeatedly sending symbol, words, sound, pictures or image,
which are likely to cause horror or uneasiness;  4 Telecommunications activities of damaging, changing or forging the information and
communication system, data, program, etc., or interfering with the operation thereof without
justifiable reason;  5 Telecommunications activities of providing the media materials harmful to juveniles for
business profit without performing the obligations, such as affirmation of age of the counter
party, indication, etc. under the Juvenile Protection Act;  6 Speculative telecommunications activities prohibited by the laws;  7 Telecommunications activities of disclosing the information classified as secret by the laws
or other national confidential information;  8 Telecommunications activities prohibited by the National Security Act; or  9 Telecommunications activities for, or of directing or aiding, crime.  (2) The Minister of Information and Communication may order a telecommunications business
operator to refuse, suspend or restrict the communication under paragraph (1) through the
deliberation of the Korea Communications Commission. Provided that, for the acts of
subparagraph 2 or 3 of paragraph (1), such order cannot be given if dissented by the person
who suffers damages therefrom, and for the acts of subparagraphs 7 through 9 of paragraph (1),
such order can be given only when requested by the head of a central administrative agency.
<Amended by Act No. 6822, Dec. 26, 2002>  (3) The Minister of Information and Communication shall give the opportunity to present their
opinion to the telecommunications business operator and the user concerned subject to the
order under paragraph (2). Provided that, it shall not apply in any of the following
instances: <Amended by Act No. 6822, Dec. 26, 2002>  1 If there is need to take urgent action for the public safety or interest; 44




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2 If it is difficult, or clearly unnecessary, to hear such opinion, as set forth by the
Presidential Decree; or  3 If the telecommunications business operator and the user concerned indicate their intent to
waive the opportunity of presentment of their opinion.
<Amended by Act No. 5220, Dec. 30, 1996> Article 53-2 (Information Communication Ethics Committee)  (1) For the purpose of creating the healthy information culture and promoting good use
environment of telecommunications, the Information Communication Ethics Committee (hereinafter
referred to as the Committee) shall be established. <Amended by Act No. 6822, Dec. 26,
2002>  (2) The Committee shall be composed of the members no less than eleven, but no more than
fifteen, including the chairman.  (3) The members shall be commissioned by the Minister of Information and Communication from
among those engaged in the academic circle, legal circle, users organization and business
circles related to the information communication. In such case, the Minister of Information
and Communication shall commission the members from among those engaged in the legal circle
and the users organization such that each number of such members from such circle and
organization shall be 1/5 or more of the total number of members. <Amended by Act No. 5220,
Dec. 30, 1996; Act No. 6822, Dec. 26, 2002>  (4) The Committee shall execute the following tasks: <Amended by Act No. 5220, Dec. 30,
1996; Act No. 6822, Dec. 26, 2002>  1 Presentation of fundamental principles on information communication ethics;  2 Deliberation of information as prescribed by this Act and the Presidential Decree from among
those disclosed and circulated to the public through telecommunications line, and a request
for correction thereof;  3 Recommendation to devise a countermeasure for making the information sound, which are
circulated through telecommunications line; 45




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4 Operation of a center for reporting on the information unlawful or harmful to juveniles;  5 Activities necessary for a promotion of healthy information culture; and  6 Other matters entrusted by the Minister of Information and Communication with respect to the
activation of the distribution of sound information.  (5) Matters necessary for organization and operation of the Committee shall be determined by
the Presidential Decree.  (6) The State may grant a subsidy for the expenses required for a operation of the Committee
within the limit of its budget. [This Article Newly Inserted by Act No. 4903, Jan. 5, 1995] Article 54 (Protection of Communication Secrecy)  (1) No person shall infringe on or divulge the secrecy of communication dealt with by
telecommunications business operator.  (2) A person who is or has been engaged in the telecommunications service shall not divulge
others secrecy obtained with respect to communication while in office.  (3) A telecommunications business operator may, when a court, prosecutor or the head of an
investigating authority (including a military investigating agency; hereinafter the same shall
apply) or the head of an intelligence and investigating agency asks him for a perusal or
submission of the data (hereinafter referred to as supply of communication data) concerning
the followings, under the necessity of gathering information for the purpose of conducting
court hearing or investigations or of executing a sentence, and of preventing harms to the
national security, comply with such requests. <Amended by Act No. 6230, Jan. 28, 2000; Act
No. 6822, Dec. 26, 2002>  1 Name of user;  2 Resident registration number of user;  3 Address of user;  4 Telephone number of user; 46




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5 ID (users identification code to distinguish the proper user of computer system or
communication network); and  6 Date of entry or termination of user.  (4) The request for supply of communication data under paragraph (3) shall be made in writing
(hereinafter referred to as a written request for data supply), which states a reason for
such request, relation with the relevant user and the scope of necessary data: Provided, That
where an urgent reason exists that makes a request in writing impossible, such request may be
made without resorting to writing, and when such reason disappears, a written request for data
supply shall be promptly filed with the telecommunications business operator. <Newly
Inserted by Act No. 6230, Jan. 28, 2000>  (5) A telecommunications business operator shall, where he has supplied the communication data
pursuant to the procedures of paragraphs (3) and (4), keep the ledgers as prescribed by the
Ordinance of the Ministry of Information and Communication, which contain necessary matters
such as the facts of supplies of communication data, and the related data such as the written
requests for data supply, etc. <Newly Inserted by Act No. 6230, Jan. 28, 2000>  (6) A telecommunications business operator shall report, to the Minister of Information and
Communication, twice a year the current status, etc. of supplying the communication data,
under the conditions as prescribed by the Presidential Decree, and the Minister of Information
and Communication may check whether the content of a report made by a telecommunications
business operator is authentic and the management status of related data under paragraph (5).
<Amended by Act No. 6230, Jan. 28, 2000>  (7) A telecommunications business operator shall, under the conditions as prescribed by the
Ordinance of the Minister of Information and Communication, notify the contents entered in the
ledgers under paragraph (5) to the head of a central administrative agency whereto a person
requesting supply of communication data under paragraph (3) belongs. Provided that, if a
person requesting supply of communication data is a court, a telecommunications business
operator shall notify the Director of the Court Administration Office of such contents.
<Newly Inserted by Act No. 6230, Jan. 28, 2000> (Amended by Act No. 6822, Dec. 26,
2002>  (8) A telecommunications business operator shall establish and operate a setup in full charge
of the affairs related to the users communication secrets; and the matters concerning the
function and 47




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composition, etc. of the relevant setup shall be prescribed by the Ordinance of the Ministry
of Information and Communication. <Newly Inserted by Act No. 6230, Jan. 28, 2000>  (9) Matters necessary for the scope of persons holding the decisive power on the written
requests filed with the telecommunications business operators under paragraph (4) shall be
prescribed by the Ordinance of the Ministry of Information and Communication. <Newly
Inserted by Act No. 6230, Jan. 28, 2000> Article 54-2 (Notice of Transmitters Telephone Number)  (1) The telecommunications business operator may, upon request from the recipient, notify him
of the transmitters telephone number, etc. under the conditions as determined by the
Ordinance of the Ministry of Information and Communication: Provided, That this shall not
apply to the case where the transmitter expresses his content to refuse the transmission of
his telephone number, etc.  (2) The telecommunications business operator may, in case where the recipient requests and
where determined by the Ordinance of the Ministry of Information and Communication from among
the telephone services with the special numbers, notify the recipient of the transmitters
telephone number, etc. under the conditions as determined by the Ordinance of the Ministry of
Information and Communication in order to protect the recipients from the violent languages,
intimidations, jestings, etc., notwithstanding the proviso of paragraph (1).
[This Article Newly Inserted by Act No. 6346, Jan. 8, 2001] Article 55 (Restriction and Suspension of Business)  The Minister of Information and Communication may order the telecommunications business
operators to restrict or suspend the whole or part of telecommunications service under the
conditions as prescribed by the Presidential Decree, when there occurs or is likely to occur a
national emergency of war, incident, natural calamity, or that corresponding to them, or when
other unavoidable causes exist, and when necessary for securing important communications.
<Amended by Act No. 5220, Dec. 30, 1996> Article 56  Deleted. <by Act No. 5220, Dec. 30, 1996> Articles 57 and 58 48




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Deleted. <by Act No. 5986, May 24, 1999> Article 59 (Approval for International Telecommunications Services)  (1) When there exist special provisions in the treaties or agreements on international
telecommunications business joined by the Government, those provisions shall govern.  (2) A telecommunications business operator shall, where he intends to conclude an agreement or
a contract with a foreign government or a foreigner with respect to the adjustments of fees
following the handling of international telecommunications services (excluding the case of a
value-added communications business operator) and other international telecommunications
business as prescribed by the Presidential Decree, obtain approval from the Minister of
Information and Communication under the conditions as prescribed by the Presidential Decree.
The same shall apply to the case where he intends to alter or abolish such agreement or
contract. <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5986, May 24, 1999; Act No.
6230, Jan. 28, 2000>  (3) Standards for approving an agreement or a contract with respect to fees on the handling of
international telecommunications services shall be determined and publicly announced by the
Minister of Information and Communication. <Newly Inserted by Act No. 6230, Jan. 28,
2000> Article 59-2 (Transboundary Provision of Key Telecommunications Services)  (1) A person, who intends to provide key telecommunications service from abroad into the
homeland without establishing a domestic business place (hereinafter referred to as the
transboundary provision of key telecommunications services), shall conclude a contract on
transboundary provision of key telecommunications services with a domestic key communications
business operator or a specific communications business operator who provides the same key
telecommunications service.  (2) The provisions of Articles 29, 30, 33 through 33-3, 36-3 through 37, 38, 53 through 55, 62
and 65 shall apply mutatis mutandis to the provision of services as determined in a contract
by a key communications business operator or a specific communications business operator who
has concluded the contract under paragraph (1). <Amended by Act No. 5564, Sep. 17, 1998;
Act No. 5986, May 24, 1999> 49




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(3) Where a person, who intends to provide a transboundary key telecommunications service
under paragraph (1), or a key communications business operator or a specific communications
business operator, who has concluded a contract with him, violates the relevant provisions
which applies mutatis mutandis under paragraph (2), the Minister of Information and
Communication may cancel approval under Article 59 (2), or issue an order to suspend a
transboundary provision of the whole or part of key telecommunications services as determined
in the relevant contract, with fixing a period of less than one year.  (4) Criteria and procedures for dispositions under paragraph (3) and other necessary matters
shall be determined by the Ordinance of the Ministry of Information and Communication.
[This Article Newly Inserted by Act No. 5385, Aug. 28, 1997] Article 60  Deleted. <by Act No. 5220, Dec. 30, 1996>  <Deleted by Act No. 6822, Dec. 26, 2002> Article 62 (Report, etc. on Statistics)  (1) A telecommunications business operator shall report the statistics on a provision of
telecommunications service as prescribed by the Ordinance of the Ministry of Information and
Communication, such as a current status of facilities by telecommunications service,
subscription record, current status of users, and the data related to telephone traffic
required for the imposition and collection of fees, to the Minister of Information and
Communication under the conditions as determined by the Ordinance of the Ministry of
Information and Communication, and keep the related data available. <Amended by Act No.
5220, Dec. 30, 1996>  (2) A key communications business operator and stockholders thereof, or the specific
communications business operator and stockholders thereof shall submit the related data
necessary for a verification of the facts of Article 6, pursuant to the provisions of the
Ordinance of the Ministry of Information and Communication. <Amended by Act No. 4903, Jan.
5, 1995; Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997; Act No. 5986, May 24, 1999;
Act No. 7165, Feb 9, 2004>  (3) The Minister of Information and Communication may, in order to verify the facts under
paragraph (2), or to examine the genuineness of the data submitted, request the administrative 50




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agencies and other related agencies to examine the data submitted or to submit the related
data. In this case, the agencies in receipt of such request shall accede thereto unless there
exist any justifiable reasons. <Amended by Act No. 5220, Dec. 30, 1996> Article 63 (Hearing)  The Minister of Information and Communication shall, in case where he intends to make a
disposition falling under any of the following subparagraphs, hold a hearing:  1 Cancellation of license for a key communications business operator under Article 15 (1);  2 Cancellation of registration of a specific communications business or closedown of a
value-added communications business under Article 28 (1) and (2); and  3 Cancellation of approval under Article 59-2 (3).
[This Article Wholly Amended by Act No. 5385, Aug. 28, 1997] Article 64 (Imposition, etc. of Penalty Surcharge)  (1) The Minister of Information and Communication may impose a penalty surcharge in the amount
equivalent to 3% or less of the revenue to be calculated as set forth by the Presidential
Decree in lieu of a relevant business suspension, in case where he has to order a business
suspension to a telecommunications business operator who falls under subparagraphs of Article
15 (1) or under any of subparagraphs of Article 28 (1) and (2), or a suspension of relevant
business is likely to cause substantial inconveniences to the users, etc. of relevant business
or to harm other public interests. Provided that, if there is not such revenue or if it is
difficult to calculate such revenue, the Minister of Information and Communication may impose
a penalty surcharge in the amount equivalent to 1 billion won or less, as set forth by the
Presidential Decree. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996;
Act No. 5385, Aug. 28, 1997; Act No. 5564, Sep. 17, 1998; Act No. 6822, Dec. 26, 2002>  (2) Classifications of offenses subject to an imposition of penalty surcharge under paragraph
(1), the amount of penalty surcharge according to a level of offenses, and other necessary
matters shall be determined by the Presidential Decree. 51




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(3) The provisions of Article 37-2 (3) and (4) shall apply mutatis mutandis to the collection
of a penalty surcharge under paragraph (1). <Amended by Act No. 5564, Sep. 17, 1998; Act
No. 6230, Jan. 28, 2000>  (4) Deleted. <by Act No. 5385, Aug. 28, 1997> Article 64-2 (Extension of Time Limit of Payment of Penalty Surcharge and Payment in Installments)  (1) Where a penalty surcharge to be paid by a telecommunications business operator under
Articles 37-2 and 64 exceeds the amount as prescribed by the Presidential Decree, and where
deemed that a person liable for a payment of penalty surcharge finds it difficult to pay it in
a lump sum due to the reasons falling under any of the following subparagraphs, the Minister
of Information and Communication may either extend the time limit of payment, or have him pay
it in installments. In this case, the Minister may, if deemed necessary, have him put up a
security therefor:  1 Where he suffers a severe loss of property due to natural disasters or fire;  2 Where his business faces a serious crisis due to an aggravation of his business
environments; and  3 Where it is expected that he will be in great financial difficulty if he pays the penalty
surcharge in a lump sum.  (2) Matters necessary for an extension of the deadline for payment of a penalty surcharge, the
payment in installments and the laying of a security shall be prescribed by the Presidential
Decree.
[This Article Newly Inserted by Act No. 5564, Sep. 17, 1998] Article 65 (Correction Orders, etc.)  (1) The Minister of Information and Communication shall issue correction orders in case where
a telecommunications business operator falls under any of the following subparagraphs:
<Amended by Act No. 4441, Dec. 14, 1991; Act No. 5220, Dec. 30, 1996; Act No. 5835, Feb. 8,
1999; Act No. 6360, Jan. 16, 2001>  1 Where he violates this Act, the Framework Act on Telecommunications, the Radio Waves Act,
the Act on Promotion of Information and Communications Network Utilization and Information 52




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Protection, etc., the Framework Act on Informationalization Promotion, or the orders issued
under these Acts;  2 Where the procedures for business performances of telecommunications business operator are
deemed to inflict significant harms on the users interests; and  3 Where he fails to take swift measures necessary for removing obstructions such as repairs,
etc. when impediments have occurred to the supply of telecommunications services.  (2) The Minister of Information and Communication may order a telecommunications business
operator to conduct the matters of the following subparagraphs, when necessary for development
of telecommunications: <Amended by Act No. 5220, Dec. 30, 1996>  1 Integrated operation and management of telecommunications facilities, etc.;  2 Expansion of communications facilities for the enhancement of social welfare;  3 Construction and management of communications networks for important communications to
achieve efficient performance of States functions; and  4 Other matters as prescribed by the Presidential Decree.  (3) The Minister of Information and Communication may order the persons falling under any of
the following subparagraphs to take measures, such as the suspension of acts to provide
telecommunications service or the removal of telecommunications facilities, etc.: <Newly
Inserted by Act No. 6346, Jan. 8, 2001>  1 Persons who operate a key communications business without obtaining a permit under Article 5
(1);  2 Persons who operate a specific communications business without making a registration under
Article 19 (1); and  3 Persons who operate a value-added communications business without making a report under
Article 21 (1). Articles 66 and 67 53




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Deleted. <by Act No. 5220, Dec. 30, 1996> Article 68 (Delegation and Entrustment of Authority)  (1) The authority of the Minister of Information and Communication under this Act may be
delegated in part to the Commissioner of Communications Office, under the conditions as
prescribed by the Presidential Decree. <Amended by Act No. 5220, Dec. 30, 1996>  (2) The Minister of Information and Communication may entrust a part of affairs related to
reports under Article 21 (1) to a telecommunications business operator or to the Korea
Information Communication Promotion Association under the Act on Promotion of Information and
Communications Network Utilization and Information Protection, etc., under the conditions as
prescribed by the Presidential Decree. <Amended by Act No. 4439, Dec. 14, 1991; Act No.
4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996; Act No. 5835, Feb. 8, 1999; Act No. 6360,
Jan. 16, 2001> CHAPTER VII PENAL PROVISIONS Article 69 (Penal Provisions)  Any person falling under any of the following subparagraphs shall be punished by imprisonment
for not more than five years or by a fine not exceeding two hundred million won: <Amended
by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996; Act No. 6230, Jan. 28, 2000; Act
No. 6822, Dec. 26, 2002>  1 A person who runs a key communications business without obtaining a license under Article 5
(1);  2 A person who obstructs the flow of telecommunications by impeding a function of
telecommunications facilities by means of damaging telecommunications facilities, or having
the objects contacted thereon and other methods, in violation of Article 50 (1);  3 A person who divulges others secrets with respect to communications which have been known
to him while in office, in violation of Article 54 (2); and 54




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4 A person who supplies communication data, and person who receives such supply, in violation
of Article 54 (3). Article 70 (Penal Provisions)  A person falling under any of the following subparagraphs shall be punished by imprisonment
for not more than three years or by a fine not exceeding one hundred fifty million won:
<Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997; Act No. 6822, Dec.
26, 2002>  1 A person who refuses a provision of telecommunications service without any justifiable
reasons, in violation of Article 3 (1);  2 A person who is ordered the business suspension under Article 15 (1);  3 A person who operates a specific communications business without making a registration under
Article 19 (1);  4 A person who commits the prohibited acts falling under any of subparagraphs 1 through 4 of
Article 36-3 (1);  5 A person who fails to implement an order under Article 37 (2);  6 A person who obstructs the measurement of line tracks, etc. and the installation and
preservation activities of telecommunications facilities under Article 40 (1); and  7 A person who encroaches upon or divulges a secret of communications handled by
telecommunications business operator, in violation of Article 54 (1). Article 71 (Penal Provisions)  A person falling under any of the following subparagraphs shall be punished by imprisonment
for not more than two years or by a fine not exceeding one hundred million won: <Amended by
Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996; Act No. 5564, Sep. 17, 1998; Act No.
5986, May 24, 1999; Act No. 6822, Dec. 26, 2002>  1 A person who fails to obtain a modified license or to make a report thereon under Article
10; 55




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2 A person who fails to obtain approval under Articles 11 (1) and 34-4 (4);  3 A person who fails to obtain an authorization under Article 13 (1) or approval under Article
13 (2) or 14 (1);  4 A person who runs the value-added communications business without making a report under
Article 21;  5 A person who is ordered the business suspension under Article 28 (1);  6 A person who is ordered the business closedown under Article 28 (2);  7 A person who discloses, uses or provides the information, in violation of the text of
Article 34-5 (1) or paragraph (2) of the same Article;  8 A person who fails to implement orders under Article 53 (2) or 55; and  9 A person who fails to obtain approval, approval for alteration, or approval for abolition,
under Article 59 (2). Article 72 (Penal Provisions)  A person falling under any of the following subparagraphs shall be punished by imprisonment
for not more than one year or by a fine not exceeding fifty million won: <Amended by Act
No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997; Act No.
5564, Sep. 17, 1998; Act No. 6230, Jan. 28, 2000; Act No. 6822, Dec. 26, 2002 >  1 A person who fails to execute the order given under Articles 6-3 (5) or 7 (2) (including the
case where the provisions are applied mutatis mutandisunder Article 4 (4) of the Addenda of
Telecommunications Business Act Amended by Act No. 5385)); <Amended by Act No. 7165, Feb 9,
2004>  2 Deleted; <by Act No. 5986, May 24, 1999>  3 A person who fails to make a modified registration or a modified report under Article 22;  4 A person who fails to make a report under Article 25; 56




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5 A person who violates the order of suspension of business under Article 28 (2);  6 A person who provides telecommunications service without making a report or receiving an
authorization under Article 29 (1); and  7 A person who intermediates other persons communication or furnishes them for use by other
person, by making use of telecommunications services rendered by the telecommunications
business operator, in contravention of the provisions of the text of Article 32-2. Article 73 (Penal Provisions)  A person falling under any of the following subparagraphs shall be punished by a fine not
exceeding fifty million won: <Amended by Act No. 5220, Dec. 30, 1996; Act No. 6822, Dec.
26, 2002>  1 A person who commits any of the prohibited acts set forth in Article 36-3 (1) 5;  2 A person who refuses or impedes a temporary use of private telecommunications facilities or
lands under Article 40 (1), without justifiable reasons;  3. A person who refuses or impedes an entry to the land, etc. under Article 41 (1), without
justifiable reasons;  4 A person who refuses the moving, alteration, repair and other measures on the obstacles,
etc. under Article 42 (1), or the request for removal of the plants under Article 42 (2),
without justifiable reasons;  5 A person who refuses a use of transport devices or a request for provision of facilities,
etc. under Article 43 (1), without justifiable reasons;  6 Deleted; <by Act No. 5986, May 24, 1999>  7 Deleted; and <by Act No. 5564, Sep. 17, 1998>  8 Deleted. <by Act No. 5986, May 24, 1999> 57




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Article 74  Deleted. <Act No. 6230, Jan. 28, 2000> Article 75 (Penal Provisions)  A person who stains the telecommunications facilities or damages the measurement marks of the
telecommunications facilities, in violation of Article 50 (2) shall be punished by a fine not
exceeding one million won. [This Article Wholly Amended by Act No. 5220, Dec. 30, 1996] Article 76 (Attempted Criminal)  An attempted criminal under subparagraphs 2 and 3 of Article 69 and subparagraph 7 of Article
70 shall be punished. <Amended by Act No. 5385, Aug. 28, 1997; Act No. 6822, Dec. 26,
2002> Article 77 (Joint Penal Provisions)  When a representative of a juristic person or an agent, an employee or any other employed
person of the juristic person or individual commits violation under Articles 69 through 73 in
connection with the business of such juristic person or individual, then a fine under the
related Article shall be imposed on the juristic person or individual, in addition to the
punishment of the violator.  <Amended by Act No. 6230, Jan. 28, 2000> Article 78 (Fine for Negligence)  (1) A person who falls under any of the following subparagraphs shall be punished by a fine
for negligence not exceeding ten million won: <Amended by Act No. 4903, Jan. 5, 1995; Act
No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997; Act No. 5564, Sep. 17, 1998; Act No.
5986, May 24, 1999; Act No. 6230, Jan. 28, 2000; Act No. 6822, Dec. 26, 2002; Act No.7165,
Feb. 9, 2004>  1. A person who fails to make a report as referred to in Article 6-3 (2) or to comply
with a request for providing the data or an order to attend as referred to in Article 6-4 (3)
or (4);  2. A person who fails to make a report under Article 27; 58




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3. A person who fails to implement an order for modification in the standardized use contract
under Article 30;  4. A person who violates the obligation concerning the protection of users under Article 33
(2);  5. A person who fails to make a public announcement of the technical standards, and the
standards for use and provision, or the standards for a creation of fair competitive
environments, in violation of Article 34-4 (4);  6. A person who fails to observe the publicly announced matters, in violation of Article 36
(3);  7. A person who fails to adjust the accounting, to submit a business report, or to keep the
books or evidential data, in violation of Article 36-2 (1);  8. A person who fails to implement an order for the submission of related data under Article
36-2 (4);  9. A person who refuses, avoids or hampers an order for submission, or an investigation, of
the data or articles under Article 36-4 (2);  10. A person who fails to execute orders given to furnish related data under the provisions of
Article 38-2 (3);  11. A person who fails to keep related data or makes false entries in such data, in
contravention of the provisions of Article 54 (5);  12. A person who fails to notify the head of central administrative agency, in contravention
of the provisions of Article 54 (7);  13. Deleted; <by Act No. 6822, Dec. 26, 2002>  14. A person who fails to make reports or submit the data under Article 62, or falsely do such
acts; and  15. A person who fails to follow correction orders, etc., under Article 65. 59




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(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Minister
of Information and Communication, under the conditions as prescribed by the Presidential
Decree. <Amended by Act No. 5220, Dec. 30, 1996>  (3) A person who is dissatisfied with the imposition of the fine for negligence under
paragraph (2) may make an objection to the Minister of Information and Communication within
thirty days from the notification date of such imposition. <Amended by Act No. 5220, Dec.
30, 1996>  (4) When a person subjected to the imposition of the fine for negligence under paragraph (2)
makes an objection under paragraph (3), the Minister of Information and Communication shall
notify a competent court of the fact without delay, and the court so notified shall bring the
case of fine for negligence to trial under the Non-Contentious Case Litigation Procedure Act.
<Amended by Act No. 5220, Dec. 30, 1996>  (5) When neither the objection against nor the payment of the fine for negligence is made
within the specified period under paragraph (3), it shall be collected in accordance with
examples of disposition for the national taxes in arrears. ADDENDA Article 1 (Enforcement Date)  This Act shall enter into force four months after the date of its promulgation. Article 2 (Transitional Measures concerning Public Communications Business Operator, etc.)  (1) At the time when this Act enters into force, the Korea Telecommunications Corporation
under the Korea Telecommunication Corporation Act (hereinafter referred to as the
Corporation) shall be deemed to have been designated as the one capable of running a general
communications business under Article 5 (1).  (2) Among the persons designated to be able to run public telecommunications business by the
Minister of Information and Communication under Article 7 (2) of the former Framework Act on
Telecommunications, at the time when this Act enters into force, the one running a general
communications business under Article 4 (3) 1 shall be deemed to have been designated as a
general communications business operator under Article 5, and the one running specific 60




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communications business under Article 4 (3) 2 shall be deemed to have the license of specific
communications business operator under Article 16 (1).  (3) At the time when this Act enters into force, the person providing the information
communications services on travel information with the leased telecommunications line
facilities from among the persons designated to be able to run public telecommunications
business by the Minister of Information and Communication under Article 7 (2) of the former
Framework Act on Telecommunications, and the person who has made a registration of a business
providing the information communications service to the Minister of Information and
Communication under former Article 73-2 (1), shall be deemed to have registered the
value-added communications business under Article 21 (1).  (4) The person falling under paragraphs (1) through (3) shall report the matters as prescribed
by the Ordinance of the Ministry of Information and Communication, such as classifications,
contents etc., of telecommunications service provided by him, to the Minister of Information
and Communication within one month after enforcement of this Act. Article 3 (Transitional Measures concerning Entrusted Business)  At the time when this Act enters into force, the business entrusted to others under former
Article 5 by a public telecommunications business operator with approval from the Minister of
Information and Communication shall be deemed to be entrusted by a general communications
business operator or a specific communications business operator with approval from the
Minister of Information and Communication, under Article 12 (including the case applied
mutatis mutandis under Article 20). Article 4 (Transitional Measures concerning Authorization of Standard Form of Contract for Users,
etc.)  At the time when this Act enters into force, the standard form of contract for users
authorized under the former Article 9 (2), shall be considered as the standard form of
contract for users authorized by the Minister of Information and Communication under Article
29 (1) until three months after the enforcement of this Act. Article 5 (Transitional Measures concerning Disposition, etc.) 61




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Where the approval, license, disposition, orders and applications, etc. have been executed
under the former provisions at the time when this Act enters into force, except for the cases
under Articles 2 and 3 of the Addenda, and where there exist the provisions which correspond
thereto in this Act, such shall be deemed to have been executed under this Act. Article 6 (Special Case on Ownership Limitation of Stocks, etc.)  (1) Notwithstanding the provisions of Article 6 (1) 4, the Corporation may, within the limit
of par value of stocks issued by other general communications business operator which have
been owned by the Corporation at the time when this Act enters into force, possess the
relevant stocks up to two years after the enforcement of this Act. In this case, the
Corporation shall submit the plans for disposal of the relevant stocks such as a donation to
the State, to the Minister of Information and Communication within six months after
enforcement of this Act, and take measures so as to have them in conformity with Article 6 (1)
4 according to the said plans.  (2) Notwithstanding the provisions of Article 6 (1) 6, the facilities manufacturer may possess
the stocks issued by other general communications business operator within the limit of par
value of stocks which have been owned by him at the time when this Act enters into force:
Provided, That additional investments shall not be made until the ownership ratio of stocks
with voting rights comes to fall short of the ownership limitation ratio under Article 6 (1)
6.  (3) Notwithstanding the provisions of Article 18 (1) 5, the Corporation may, up to two years
after enforcement of this Act, possess in excess of 10/100 of the stocks with voting rights,
issued by a specific communications business operator who mainly provides telecommunications
service based upon a wireless mode with technical limits: Provided, That when two years have
passed after an enforcement of this Act, it shall not possess them in excess of 1/3.  (4) Notwithstanding the provisions of Article 18 (1) 5, the Corporation may possess in excess
of 10/100 of the stocks with voting rights issued by a specific communications business
operator whose main business areas are harbor districts. Article 7  Deleted. <by Act No. 4903, Jan. 5, 1995> Article 8 (Amendment of Other Acts, etc.) 62




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(1) through (8) Omitted.  (9) At the time when this Act enters into force, where other Acts cite former provisions of
the Public Telecommunication Service Act, and where there exist provisions corresponding
thereto in this Act, it shall be considered to have cited the corresponding provisions in this
Act in lieu of the former provisions. ADDENDA<Act No. 4439, Dec. 14, 1991> Article 1 (Enforcement Date)  This Act shall enter into force on the date of its promulgation. Articles 2 through 4  Omitted. ADDENDA<Act No. 4441, Dec. 14, 1991> Article 1 (Enforcement Date)  This Act shall enter into force on July 1, 1992. Articles 2 and 3  Omitted. ADDENDA<Act No. 4861, Jan. 5, 1995> Article 1 (Enforcement Date)  This Act shall enter into force four months after the date of its promulgation. Articles 2 through 5  Omitted. 63




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ADDENDA<Act No. 4903, Jan. 5, 1995> Article 1 (Enforcement Date)  This Act shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measures concerning License for Key Communications Business Operator, etc.)  (1) At the time when this Act enters into force, a general communications business operator
and a specific communications business operator under the former provisions shall be deemed to
have been licensed for a key communications business operator under the amended provisions of
Article 5.  (2) At the time when this Act enters into force, the value-added communications business
operator under the former provisions shall be deemed to have made the report of a value-added
communications business operator under the amended provisions of Article 21. Article 3 (Special Case on Ownership Limitation of Stocks, etc.)  (1) At the time when this Act enters into force, the stocks issued by other key communications
business operator which have been possessed by the Corporation under the Korea
Telecommunication Corporation Act, shall be deemed to have been approved under the amended
provision of proviso of subparagraph 4 of Article 6.  (2) The amended provisions of subparagraph 5 of Article 6 shall not be applied mutatis
mutandis to the case where the Corporation possesses the stocks of Korea Port Telephone
Company. Article 4 (Transitional Measures concerning Application of Penal Provisions)  In the application of penal provisions to the activities prior to the enforcement of this Act,
the former provisions shall govern. Article 5 (Relations with Other Acts and Subordinate Statutes) 64




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At the time when this Act enters into force, where a general communications business operator
or a specific communications business operator is cited by other Acts and subordinate
statutes, it shall be deemed to have cited a key communication business operator. ADDENDA<Act No. 5220, Dec. 30, 1996>  (1) (Enforcement Date) This Act shall enter into force one month after the date of its
promulgation.  (2) (Transitional Measures concerning Standard Form of Contract for Users) The standard form
of contract for users which has been authorized or reported under the previous provisions at
the time when this Act enters into force, shall be deemed to have been authorized or reported
under the amended provisions of Article 29. ADDENDA<Act No. 5385, Aug. 28, 1997> Article 1 (Enforcement Date)  This Act shall enter into force on January 1, 1998. Article 2 (Valid Term)  The amended provisions of subparagraph 6 (c) and (d) of Article 6 shall continue to be valid
until December 31, 1998. Article 3 (Special Cases concerning Application of Disqualifications for License of Key
Communications Business)  (1) Notwithstanding the amended provisions of subparagraph 3 of Article 6, a juristic person
in which those who fall under subparagraphs 3 (a) through (c) of Article 6 (hereinafter
referred to as the foreigners, etc.) are major stockholders, shall not obtain a license for
a key communications business until December 31, 1998.  (2) Deleted. <by Act No. 5986, May 24, 1999> Article 4 (Special Cases concerning Acquisition of Stocks) 65




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(1) The foreign government or foreigners (where two or more foreign governments or foreigners
have agreed to exercise voting rights jointly including the foreign governments or foreigners
who have made such an agreement) may not become the major stockholders of the corporation
which has succeeded by a universe title of the property and the rights and obligations of the
Korea Telecommunications Corporation under Article 3 (1) of the Addenda of the Repeal Act of
the Act on the Korea Telecommunications Corporation (Law No. 5387); Provided, That the same
shall not apply to the case where the stocks falling short of 5/100 are possessed. <Amended
by Act No. 5564, Sep. 17, 1998; Act No. 6346, Jan. 8, 2001; Act No. 7165, Feb 9, 2004>  (2) Deleted. <by Act No. 6346, Jan. 8, 2001>  (3) Deleted.  (4) The provisions of Article 7 shall apply mutatis mutandis to a violation of paragraph (1). Article 5 (Transitional Measures on Appointment of Part-time Directors)  A nationwide telephone service provider shall appoint a majority of directors as part-time
members at a general meeting of stockholders convened for the first time after the entry into
force of this Act. Article 6 (Special Cases on Application of Disqualifications for Specific Communications Business
Operators)  (1) No juristic person falling under any of the following subparagraphs shall, notwithstanding
the amended provisions of Article 24, become a specific communications business operator who
provides a telephone service by connecting to telecommunications networks:  1 Deleted; and <by Act No. 5564, Sep. 17, 1998>  2 Juristic person in which the stocks owned by the foreigners, etc. exceed 49/100 of the total
issued stocks until December 31, 2000.  (2) The provisions of Article 7 shall apply mutatis mutandis to a violation of paragraph (1). Article 7 (Special Cases on Transboundary Provision of Key Telecommunications Services) 66




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A person who intends to provide a telephone service which connects to the telecommunications
networks, from among the business falling under Article 4 (3) 1 by a transboundary provision
of key telecommunications services, shall establish within the country a juristic person which
operates a specific communications business not later than December 31, 2000, and provide the
relevant services through the said juristic person. Article 8  Omitted. ADDENDUM<Act No. 5564, Sep. 17, 1998>  This Act shall enter into force on January 1, 1999: Provided, That the amended provisions of
Article 5-2, subparagraphs 4 and 5 of Article 6, Articles 9 (3), 12, and 16, and the amended
provisions of Articles 4 (1) and 6 (1) 1 of the Addenda of the amendments of the Act No. 5385,
Telecommunications Business Act, shall enter into force on the date of its promulgation. ADDENDA<Act No. 5835, Feb. 8, 1999> Article 1 (Enforcement Date)  This Act shall enter into force on July 1, 1999. (Proviso Omitted.) Articles 2 through 4  Omitted. ADDENDA<Act No. 5986, May 24, 1999>  (1) (Enforcement Date) This Act shall enter into force on July 1, 1999.  (2) Omitted. ADDENDA<Act No. 6230, Jan. 28, 2000>  (1) (Enforcement Date) This Act shall enter into force on April 1, 2000. 67




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(2) (Application Example of Application Exclusion of Monopoly Regulation and Fair Trade Act)
The amended provisions of Article 37-3 shall apply starting with any act first performed by
the telecommunications business operator in accordance with each subparagraph of Article 36-3
(1) after the enforcement of this Act.  (3) (Transitional Measures concerning Penal Provisions) The application of the penal
provisions to any act committed prior to the enforcement of this Act shall be governed by the
previous provisions. ADDENDA<Act No. 6346, Jan. 8, 2001>  (1) (Enforcement Date) This Act shall enter into force three months after the date of its
promulgation: Provided, That the amendments to Article 38-4 shall enter into force on the date
of its promulgation, and the amendments to Article 54-2 two months after the date of its
promulgation.  (2) Omitted. ADDENDA<Act No. 6360, Jan. 16, 2001> Article 1 (Enforcement Date)  This Act shall enter into force on July 1, 2001. Articles 2 through 6  Omitted. ADDENDA<Act No. 6602, Jan. 14, 2002>  (1) (Enforcement Date) This Act shall enter into force on July 1, 2002.  (2) and (3) Omitted. ADDENDA<Act No. 6656, Feb. 4, 2002> Article 1 (Enforcement Date)  This Act shall enter into force on January 1, 2003. 68




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Articles 2 through 12  Omitted. ADDENDA<Act No. 6822, Dec. 26, 2002> Article 1 (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the
amendments to Articles 53, paragraph (1), the latter part of paragraph (3) and paragraph (4) of
53-2, and paragraph (3) and proviso of paragraph (7) of Article 54 and subparagraph 8 of Article 71
shall enter into force on the date of its promulgation, and the amendments to Article 36-3 (3) six
months after the date of its promulgation. Article 2 (Valid Term) The amended provisions of subparagraph 5 of Article 36-3 (1) shall continue to be valid for three
years after the enforcement date. Article 3 (Transitional Measures on Disposition, etc.) License, acceptance of report, corrective order for prohibited acts, imposition of penalty, etc.
made by the Minister of Information and Communication under the prior provisions of Articles 34-6,
37 and 37-2 shall be deemed made by the Korea Communications Commission under the provisions
equivalent thereto. Article 4 (Transitional Measures on Penalty) Notwithstanding the amendments to Article 64 (1), the penalty for the acts committed prior to the
enforcement of this Act shall be subject to the prior provisions. ADDENDA<Act No. 7165, Feb. 9, 2004> Article 1 (Enforcement Date) This Act shall enter into force three months after the date of its promulgation; Provided, That the
amended provisions of Article 38-6 shall enter into force two years after the date of its
promulgation. 69




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Article 2 (Transitional Measures concerning Examination of Public Interest Nature The amended provisions of Article 6-3 shall not apply to what has been achieved prior to an
enforcement of this Act. Article 3 (Transitional Measures concerning Acquisition of Stocks by Joint-Stock Company)) The amended provisions of Article 4(1) of the Addenda of the amendments of the Act No. 5385,
Telecommunications Business Act shall not apply to the largest stockholder who is a foreign
government or a foreigner at the time of enforcement of this Act; Provided, That in case where a
foreign government or a foreigner at the time of enforcement of this Act falls under the largest
stockholder as referred to in Article 4(1) of the Addenda of the amendments of the Act No. 5385,
Telecommunications Business Act, the said foreign government or foreigner shall not be allowed to
additionally acquire any stocks of the joint-stock company. ADDENDA<Act No. 7445, March 31, 2005> This Act shall enter into on the date of its promulgation. 70