ENFORCEMENT DECREE OF THE TELECOMMUNICATIONS BASIC LAW
ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON TELECOMMUNICATIONS
       (1)
    
    The Minister of Knowledge Economy may appropriate into the budget the required funds
for the financial support under Article 10(2) of the Act and for subsidies of research
funds under Article 11(2) of the Act.(2)
    
    The Minister of Knowledge Economy shall determine detailed matters necessary for the
method of, and procedures for, financial support and performance of research tasks.
  (1)
    
    The research institutes, etc. which the Minister of Knowledge Economy guides and
fosters under Article 10(4) of the Act shall be as follows:
 1.
    
    the Electronics and Telecommunications Research Institute established under
Article 8 of the Act on the Establishment, Operation and Fosterage of
Government-Invested Research
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Institutions of Science and Technology;2.
    
    research institutes established for the purpose of conducting research on
telecommunications and designated by the Minister of Knowledge Economy;3.
    
    an institute or an organization which undertakes research, development, education
or training in telecommunications; and4.
    
    a corporation or an organization engaged in collecting, analyzing and publicizing
information on telecommunications.
 (2)
    
    Methods of guidance and fostering concerning research institutes, etc. under paragraph
(1) shall be as follows:
 1.
    
    financial support for ground research and performance of special tasks in the
field of telecommunications;2.
    
    support of education and training for the purpose of fostering skilled
technicians in the field of telecommunications;3.
    
    supply of technological information on telecommunications; and4.
    
    support for cooperation with other institutes, organizations or international
bodies.
 (3)
    
    The following funds shall be given to the research institutes prescribed under
subparagraphs 1 and 2 of paragraph (1):
 1.
    
    research and development funds for telecommunications technology and policy on
telecommunications;2.
    
    construction expenses for facilities, etc. necessary for research and
development; and3.
    
    other expenses for the management of research institutes, etc.
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1.
    
    matters of basic research relating to telecommunications;2.
    
    matters concerning research and development of new telecommunications methods or
technology;3.
    
    matters concerning technical improvement of telecommunications equipment; or4.
    
    other matters necessary for securing core telecommunications technology.
   1.
    
    persons who proposed the subject research task2.
    
    persons who successfully conducted research on a subject matter similar to the
subject research task.
    (1)
    
    Sales under Article 12(1) of the Act shall be profits made from sales activities,
subtracted by the price paid for using other telecommunications business operators
communication network.(2)
    
    The amount to be donated to research and development pursuant to Article 12(1) of the
Act (the Donations) shall be determined pursuant to the classification described in Table
1 attached hereto..
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(3)
    
    When imposing the Donations pursuant to Article 12(1) of the Act, the Minister of
Knowledge Economy shall notify the donor every year in writing, specifying the Donations
computed in accordance with paragraph (2) and payment period, to submit the relevant
Donations to an account opened with the Bank of Korea for the purpose of managing the
receipt and disbursement of the information and communication promotion fund pursuant to
Article 33 of the Framework Act on Informatization Promotion.(4)
    
    The Minister of Knowledge Economy shall set forth, and issue public notification on,
the details necessary for computation and imposition of the Donations.
    (1)
    
    The additional charges contemplated under Article 12(4) shall be an amount equal to
0.3% of the Donations in arrears.(2)
    
    In the event the Donations in arrears are not paid, an amount corresponding to 1.2% of
such amount in arrears shall be charged for each month following the payment due date in
addition to the additional charges set forth in paragraph (1) (the Increased Additional
Charges); provided that, the Increased Additional Charges shall not be imposed for more
than 60 months.
  (1)
    
    The matters subject to, and the contents of, technical guidance pursuant to Article
13(2) of the Act shall be as follows:
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1.
    
    matters concerning the application of technical standards of telecommunications
equipment;2.
    
    matters concerning the adoption, practical application and development of a new
telecommunications method and technology;3.
    
    matters concerning the improvement of production technology of telecommunications
equipment;4.
    
    matters concerning the improvement of functions and special features of
telecommunications equipment; and5.
    
    matters concerning the standard construction method applied to the installation
and maintenance of telecommunications facilities and equipment.
 (2)
    
    The methods of technical guidance extended to persons subject to technical guidance
shall be as follows:
 1.
    
    guidance concerning quality assurance of telecommunications equipment;2.
    
    supply of technical information;3.
    
    support for technical training and overseas technical cooperation; and4.
    
    transfer of technology.
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1.
    
    details of installation of, or alteration to, telecommunications facilities and
equipment, including a communication network diagram; and2.
    
    security polices relating to telecommunications facilities and equipment.
  (1)
    
    Key communications business operators who wish to obtain an authorization to install
telecommunications facilities and equipment for the first time in accordance with new
telecommunications technology under the proviso of Article 17(1) of the Act shall submit to
the Korea Communications Commission an application for authorization to install
telecommunications facilities and equipment (including an electronic application) with each
of the following documentation (including electronic documentation) attached thereto:
 1.
    
    a business proposal;2.
    
    security polices relating to telecommunications facilities and equipment;3.
    
    present technological trend of the subject telecommunications facilities and
equipment, such as their standards in or outside Korea;4.
    
    present status of research and development relating to the subject
telecommunications facilities and equipment in or outside Korea; and5.
    
    an accord (applicable only where installing or using telecommunications facilities
and equipment jointly with other operators in or outside Korea).
 (2)
    
    Upon receipt of an application under paragraph (1), the Korea Communications Commission
shall examine the distinctive technical qualities of the telecommunications facilities and
equipment sought to be installed and notify the relevant applicant, within 15 days of the
date of receipt of the application, whether the application has been approved.
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(1)
    
    When, under Article 18(3) of the Act, the Korea Communications Commission intends to
have a specialized agency in the field of telecommunications conduct data survey necessary
for consultation among key communications business operators regarding joint installation
of telecommunications facilities and equipment, it shall select an agency recognized as
having specialty with regard to the relevant survey and being capable of ensuring
impartiality and objectivity and have such agency conduct the data survey.(2)
    
    Upon selecting a specialized agency to conduct data survey under paragraph (1), the
Korea Communications Commission shall inform the key communications business operator
concerned thereof.
   1.
    
    a key communications business operators plans for installing telecommunications
facilities and equipment concerning each of the following:
 (a)
    
    types and standards of the telecommunications facilities and equipment to
be installed;(b)
    
    areas and sections for installation;(c)
    
    time of installation; and(d)
    
    technological conditions, etc.;
 2.
    
    telecommunications facilities and equipment capable of being jointly installed,
and areas and sections suitable for joint installation of telecommunications facilities
and equipment;3.
    
    plans for efficient joint installation of telecommunications facilities and
equipment; and4.
    
    economical effect of joint installation of telecommunications facilities and
equipment.
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(1)
    
    In the event the Korea Communications Commission makes a recommendation, pursuant to
Article 18(4) of the Act, for key communications business operators to jointly install
telecommunications facilities and equipment, it shall specify the telecommunications
facilities and equipment subject to joint installation, areas and sections for
installation, time of installation, technological conditions, etc. in its recommendation.(2)
    
    A key communications business operator who wishes to jointly install telecommunications
facilities and equipment under Article 18(4)1 of the Act shall submit documentation
containing each of the following to the Korea Communications Commission:1.
    
    plans for jointly installing telecommunications facilities and equipment;2.
    
    economical effect of joint installation of telecommunications facilities and
equipment; and3.
    
    reasons why consultations with the key communications business operator subject
to joint installation of telecommunications facilities and equipment have not taken
place, and solutions therefor.(3)
    
    A key communications business operator who receives a recommendation to jointly install
telecommunications facilities and equipment from the Korea Communications Commission shall
notify the Korea Communications Commission, within 21 days from the date of receipt of such
recommendation, whether it can accept such recommendation and, in the event it cannot, the
reasons therefor.
  (1)
    
    A person who intends to install private telecommunications facilities and equipment
under Article 20 of the Act shall submit, not later than 21 days prior to the date
installation work for such facilities and equipment commences, to the Korea Communications
Commission a report on installation of private telecommunications facilities and equipment
(including an electronic report), specifying each the following, with design drawings of
the installation work for such facilities and equipment attached thereto:1.
    
    reporter;
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2.
    
    type of business;3.
    
    purpose of business;4.
    
    telecommunications method;5.
    
    installation place of facilities and equipment;6.
    
    outline of the facilities and equipment ; and7.
    
    (expected) operation date of the facilities and equipment .(2)
    
    Matters specified under the Enforcement Decree of the Act in the latter part of
Article 20(1) of the Act means matters set forth in subparagraphs 2-6 of paragraph (1).(3)
    
    In the event a person who filed a report on installation of private telecommunications
facilities and equipment intends to alter the matters prescribed under paragraph (2), the
person shall file with the Korea Communications Commission, not later than 21 days prior to
the commencement date of the relevant alteration (or, where intending to alter any of the
information set forth in subparagraphs 4-6 of paragraph (1), the commencement date of the
relevant alteration work), a report (including an electronic report) on such alteration
stating the details thereof, with design drawings of the installation work for such
facilities and equipment, including a comparison of before and after the alteration,
attached thereto.(4)
    
    Upon receipt of a report on installation of, or alternation to, private
telecommunications facilities and equipment under paragraph (1) or (3), the Korea
Communications Commission shall examine each of the following:1.
    
    whether the installation or alteration complies with the technical standards under
Article 25(1) of the Act; and2.
    
    whether the private telecommunications facilities and equipment were installed by an
individual to be used for her or his own telecommunications.(5)
    
    Upon verifying that a report on installation of, or alternation to, private
telecommunications
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facilities and equipment satisfies the considerations set forth in each of the
subparagraphs of paragraph (4), the Korea Communications Commission shall issue to the
person who filed such report a certificate thereof.
  (1)
    
    A person who files an installation or alteration report on private telecommunications
facilities and equipment under Article 20(3) of the Act shall receive confirmation thereof
from the Korea Communications Commission within 7 days after the construction work for the
installation or alteration of such facilities and equipment is completed.(2)
    
    A person who intends to receive confirmation from the Korea Communications Commission
under paragraph (1) shall submit thereto an application for confirmation of private
telecommunications facilities and equipment (including an electronic application) with each
of the following documentation (including electronic documentation) attached thereto:1.
    
    documentation demonstrating that the construction work was completed in
compliance with the technical criteria under Article 25(1) of the Act;2.
    
    documentation demonstrating that the construction work was completed in
compliance with the design drawings under Article 25(3) of the Act; and3.
    
    copies of licenses held by the operator.(3)
    
    In the event any of the following is discovered as a result of examination of the
documentation under paragraph (2), the Korea Communications Commission may request
supplementation thereto within a period reasonably fixed:1.
    
    where any of the attachments is incomplete; or2.
    
    where the contents of the application or attachments are unclear.
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1.
    
    private telecommunications facilities and equipment for installing main and
terminal equipment inside a building and on the site thereof;2.
    
    private telecommunications facilities and equipment for installing main and
terminal equipment inside two or more buildings, or on the sites thereof, between which
the shortest distance is 100 meters or less and which are possessed by one person
(excluding buildings or sites separated by a road or river); or3.
    
    private telecommunications facilities and equipment installed for use, not
exceeding 1 month, by the police in urgent situations.
  (1)
    
    A person who has installed private telecommunications facilities and equipment may
supply them to a key communications business operator if there are unused
telecommunications facilities and equipment in excess of the capacity necessary for the
persons use of telecommunication among the private telecommunications facilities and
equipment installed, where the key communications business operator asked to install such
private telecommunications facilities and equipment under Article 21(2) of the Act.(2)
    
    The consideration for any supply of private telecommunications facilities and equipment
to key communications business operators under paragraph (1) shall be determined in
accordance with the criteria publicly notified by the Korea Communications Commission
within the limit of the amount which adds the amount of investment and repair to the
expenses required for the network and operation of the private telecommunications
facilities and equipment concerned.
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(1)
    
    The types of offenses subject to imposition of penalties under Article 24 of the Act
and the amount of such penalties shall be as provided in Table 3 attached hereto.
<Amended by Enforcement Decree No. 21224 of Dec. 31, 2008>(2)
    
    In deciding the amount of penalties under paragraph (1), the Korea Communications
Commission shall consider each of the following:1.
    
    substance and severity of the offense;2.
    
    period and frequency of the offense; and3.
    
    scale of any profits acquired through the offense.
  (1)
    
    The Korea Communications Commission shall, where it intends to impose a penalty
pursuant to Article 24(2) of the Act, notify, in writing, the person subject to such
penalty of the type of the offense, the amount of penalty imposed, etc.(2)
    
    A person receiving a notification under paragraph (1) shall pay the penalty imposed to
a receiving agency designated by the Korea Communications Commission within 20 days from
the date of receiving such notification; provided that, where the person is unable to pay
the penalty imposed within such period due to a natural disaster or other unavoidable
circumstances, the person shall pay the penalty imposed within 7 days from the date on
which said reason ceases to exist.(3)
    
    A receiving agency in receipt of a payment of penalty under paragraph (2) shall issue a
receipt thereof to the person who paid the penalty.(4)
    
    A receiving agency in receipt of a payment of penalty shall notify the Korea
Communications Commission thereof without delay.(5)
    
    Penalties may not be paid in installments.
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(1)
    
    Design drawings under Article 25(3) of the Act shall be prepared by persons falling
under any of the following:1.
    
    a proprietor of engineering activities in the field of communications or
information processing pursuant to the Engineering Technology Promotion Act, or a
proprietor of engineering activities or professional engineer in the field of
communications or information processing whose office is registered pursuant to the
Professional Engineers Act; or2.
    
    an information or communications technician engaged in technical activities
pursuant to subparagraph 1 of Table 2 attached to the Enforcement Decree of the
Information and Communication Work Business Act.(2)
    
    The Korea Communications Commission may separately determine, and issue public
notification concerning, the scope of construction work for telecommunications facilities
and equipment installation that may only be designed by persons falling under subparagraph
1 of paragraph (1).
     1.
    
    composition, duties and limited liabilities of telecommunications facilities
and equipment management structure;2.
    
    installation, testing, operation, inspection, maintenance and repair of
telecommunications facilities and equipment;3.
    
    procedures and countermeasures in the event telecommunications facilities and
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equipment are experiencing trouble;4.
    
    measures for protecting communication secrets of users of telecommunications
facilities and equipment; and5.
    
    other matters necessary for secure and reliable provision of telecommunications
facilities and equipment.
   1.
    
    passenger transport terminals under the Passenger Transport Service Act;2.
    
    freight terminals under the Goods Distribution Promotion Act;3.
    
    complexes for the cooperating business of small and medium enterprises created
under the Promotion of Small and Medium Enterprises and Encouragement of Purchase of
Their Products Act;4.
    
    distribution complexes developed under the Promotion of Distribution Complex
Development Act;5.
    
    tourist resorts or sightseeing complexes created under the Tourism Promotion
Act; and6.
    
    sewage culverts under the Sewerage Act.
  (1)
    
    When asked for conciliation pursuant to Article 30-2(5) of the Act and preparing a
draft conciliation thereafter, the Korea Communications Commission shall be advised by the
head of the related administrative agency and the parties concerned.(2)
    
    In the event the Korea Communications Commission prepares a draft conciliation under
paragraph (1), it shall notify the parties concerned and may recommend acceptance thereof
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by specifying a period of not less than 30 days.(3)
    
    Where the draft conciliation under paragraph (2) is accepted by the parties concerned,
the Korea Communications Commission shall prepare a draft conciliation indicating each of
the following and have the parties concerned sign and affix their seal to it:1.
    
    case reference;2.
    
    names and addresses of the parties concerned, appointed parties or agents;3.
    
    purpose of the request for conciliation;4.
    
    conciliation provisions; and5.
    
    date of preparation.
    (1)
    
    In selecting, under Article 31(1) of the Act, key communications business operators who
are capable of operating telecommunication facilities and equipment, etc. in an integrated
manner, the Korea Communications Commission shall examine matters falling under each of the
following and select such operators from among key communications business operators who
render telecommunications service in areas or their adjacent areas where telecommunications
facilities and equipment subject to the integrated operation are installed:1.
    
    manpower and organizations of the key communication business operators;2.
    
    facilities and equipment in possession of the key communication business
operators;
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3.
    
    technical levels of the key communication business operators; and4.
    
    financial structure of the key communication business operators.(2)
    
    The Korea Communications Commission shall, where it intends to select operators of
integrated operation communications business under Article 31 (1) of the Act, go through in
advance deliberation of the Information and Communications Policy Deliberation Council (the
Council) pursuant to Article 44-2(1) of the Act.
   1.
    
    matters concerning charges for integrated telecommunications facilities and
equipment; and2.
    
    matters concerning workers who operate integrated telecommunications facilities and
equipment.
  (1)
    
    Sales price of telecommunications facilities and equipment, etc. under Article 32(2) of
the Act shall be calculated based on the appraised value of certified public appraisers
under the Public Notice of Values and Appraisal of Real Estate Act; provided that, if it is
not easy to obtain a certified public appraisers appraisal, sales price may be calculated
through consultation among the parties concerned.(2)
    
    Matters concerning the sales procedure of telecommunications facilities and equipment,
etc. and the payment method of the sales price under Article 32(2) of the Act shall be
determined through consultation among the parties concerned.
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(1)
    
    Any person who wishes to apply for a ruling pursuant to Article 40-2(1) of the Act
shall submit to the Korea Communications Commission an application for ruling with each of
the following documentation attached thereto; provided that, the documentation set forth in
subparagraphs 3-5 shall be applicable only to applications for ruling pursuant to Article
40-2(1)3.1.
    
    documentation relating to the summary of the application for ruling;2.
    
    documentation relating to the results of consultation among the parties concerned;3.
    
    copy of the Accord;4.
    
    documentation relating to the amounts due or payable and the computation method
thereof; and5.
    
    drawings indicating provision, common use or interconnection of telecommunications
facilities and equipment, or a summary of information provided.(2)
    
    In the event any of the following is discovered as a result of examination of the
documentation under paragraph (2), the Korea Communications Commission may request
supplementation thereto within a period reasonably fixed:1.
    
    where any of the attachments is incomplete; or2.
    
    where the contents of the application or attachments are unclear.(3)
    
    In the event an applicant fails to comply, within the time period prescribed in
paragraph (2), with a supplementation request made by the Korea Communications Commission,
the
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Korea Communications Commission shall return all the relevant application materials to
such applicant, clearly indicating the reason for the return.
  (1)
    
    The Korea Communications Commission shall make a ruling within 60 days after it
receives an application for a ruling under Article 40-2 of the Act.(2)
    
    In the event the Korea Communications Commission fails to make a ruling within the
fixed period under paragraph (1) due to an unavoidable circumstance, a period for the
ruling may be extended, only once, for not more than 30 days by the resolution of the Korea
Communications Commission.
  (1)
    
    Rulings of the Korea Communications Commission shall be in writing.(2)
    
    Rulings provided under paragraph (1) shall specify an order, the reason of order, and
date of decision, and the chairman, and officials presented in the meeting shall sign or
seal the ruling and send it to parties concerned.
  (1)
    
    The Council prescribed under Article 44-2 of the Act shall be composed of not more than
20 members including one chairman.(2)
    
    The chairman and members of the Council shall be appointed or commissioned by the
Commissioner of the Korea Communications Commission among those falling under any of the
following:1.
    
    public officials of Grade III or higher, or equivalent to Grade III or higher of
related administrative agencies( including public officials of high ranking or Grade);2.
    
    persons in charge of lecture and research on the information and
communications-related fields at universities or research institutes under the Higher
Education Act;
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3.
    
    representatives of information and communications-related organizations or
agencies, or persons who have been or were in office as executive officers of information
and communications-related enterprises for not less than 5 years;4.
    
    persons with a significant amount of knowledge and experience in information and
communications; or5.
    
    persons recommended by civil organizations (referring to nonprofit non-governmental
organizations under Article 2 of the Assistance for Nonprofit Non-Governmental
Organizations Act).(3)
    
    The terms of office for members shall be two years after which time they may be
reappointed; provided that, the term of office for any member who is appointed or
commissioned after the decision of his position shall be the period for which he holds such
position.
  (1)
    
    The chairman shall exercise overall control over the affairs and represent the Council.(2)
    
    Where the chairman is unable to discharge his duties due to compelling reasons, a
member appointed in advance by the chairman shall act as chairman on his behalf.
  (1)
    
    The chairman shall convene a meeting of the Council and shall preside over it.(2)
    
    Decisions of a meeting of the Council shall be taken by a majority of all the members
attending and by affirmative vote of a majority of members present.(3)
    
    Where deemed necessary, the Council may be advised by the related public officials or
related experts.
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provided that
     Major Key
Communications Business Operators
 1.
    
    local telephone service;
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2.
    
    long distance telephone service;3.
    
    international telephone service;4.
    
    high speed internet service; or5.
    
    among services provided upon being assigned frequencies, a mobile telephone service
or a trunked radio system service with at least 100,000 users.
  (1)
    
    Pursuant to Article 44-3(3) of the Act, the Korea Communications Commission shall
prepare guidelines on formulation of basic plans for communications disaster control for
the next fiscal year not later than the end of April each year and notify major key
communications business operators thereof.(2)
    
    Major key communications business operator shall formulate a plan for communications
disaster control for the next fiscal year in accordance with the guidelines on formulation
under paragraph (1), and submit it to the Korea Communications Commission not later than
the end of May each year.(3)
    
    Pursuant to Article 44-3(5) of the Act, the Korea Communications Commission shall fix
the basic plans for communications disaster control for the next fiscal year not later than
the end of July each year.
  (1)
    
    For the purpose of integrated management of telecommunications facilities and
equipment pursuant to Article 44-4(1) of the Act, the Korea Communications Commission may
order key communications business operators and holders of private telecommunications
facilities and equipment to exchange with each other information on the facilities and
equipment they operate or own, or order a professional institution designated by the Korea
Communications Commission to establish a database of such information and share the
database with the Korea Communications Commission.
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(2)
    
    A key communications business operator may, where integrated management of
telecommunications facilities and equipment pursuant to Article 44-4(1) of the Act is
needed, make a request for such integrated management to another key communications
business operator or a holder of private telecommunications facilities and equipment, and
the entity or person so requested shall oblige such request barring any particular
circumstances.(3)
    
    A key communications business operator may request conciliation by the Korea
Communications Commission in the event another key communications business operator or a
holder of private telecommunications facilities and equipment does not oblige its request
under paragraph (2) for integrated management.(4)
    
    The Korea Communications Commission may, either upon receiving request for
conciliation or by its authority, order integrated management of telecommunications
facilities and equipment against a key communications business operator or a holder of
private telecommunications facilities and equipment.
  (1)
    
    Vice Ministers of related central administrative agencies who are to become the members
of the Communications Disaster Control Committee (hereinafter referred to as the
Committee) under Article 44-5 (3) of the Act, shall be the Administrator of the National
Emergency Management Agency, Vice Minister of National Defense, Deputy Director of the
National Intelligence Service, and Vice Ministers of related administrative agencies which
are deemed necessary by the Chairman.(2)
    
    The Chairman shall convene a meeting of the Committee and preside over it.(3)
    
    If the Chairman is unable to perform his duties due to any inevitable reasons, a member
shall act on behalf of the Chairman in the order of members nominated by the Chairman.(4)
    
    Where the Chairman intends to convene a meeting of the Committee, he shall notify each
member, in writing or by an electronic document, of the date and time, venue and agenda of
the meeting not later than 7 days before an opening of the meeting: Provided, That the same
shall not apply to the case where it is a matter of urgency or there exist inevitable
causes.
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(5)
    
    The Committee shall resolve by the attendance of a majority of all incumbent members,
and by the consent of a majority of those present.(6)
    
    The Committee may hear the opinions of the related public officials or the related
specialists in case where it is deemed necessary.(7)
    
    The Committee shall have an executive secretary to deal with its affairs, and he shall
be nominated by the Chairman from among the public officials belonging to the Korea
Communications Commission.
  (1)
    
    Working committees established within the Committee under Article 44-5(4) of the Act
shall consist of 15 working members or less, including one chairman of working committee.(2)
    
    The chairman of working committee shall be the emergency strategist of the Korea
Communications Commission, and the working members shall be the persons falling under each
of the following:1.
    
    each one of persons designated by the head of relevant institution, from among
the public officials of Grade IV or those corresponding thereto, who belong to the
central administrative agencies whereto the members under Article 46(1) hereof belong,
and to the related administrative agencies deemed necessary by the chairman of working
committee; and2.
    
    person who is commissioned by the chairman of working committee among the persons
falling under any of the following items:
 (a)
    
    person in charge of the duties concerning communications disaster, from
among the employees of a major key communications business operator and of the
electric communications business operators organization; and(b)
    
    person who has much knowledge of, and experiences in, communications
disaster control.
 (3)
    
    The chairman of working committee shall convene a meeting of the said committee, and
preside over it.
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(4)
    
    The working committee shall have an executive secretary to deal with its affairs, and
the executive secretary shall be appointed by the Commissioner of the Korea Communications
Commission among the public officials belonging to the Korea Communications Commission.(5)
    
    The working committee shall examine and deliberate on the cases referred to the
Committee, and on the items delegated by the Committee or directed by the Chairman of the
Committee.
  provided that
    Countermeasure Headquarters
  (1)
    
    The Countermeasure Headquarters shall consist of public officials belonging to the
central
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administrative agency and the employees belonging to the major key communications business
operator, who are directly related with a restoration of communications disaster.(2)
    
    The Korea Communications Commission shall determine in advance an organizing method of
the countermeasure headquarters, so as to enable to swiftly cope with the communications
disaster, and to notify it to the head of central administrative agency and the major key
communications business operator whereto belong the constituent members of the
countermeasure headquarters under paragraph (1).(3)
    
    The head of countermeasure headquarters shall represent the said headquarters and
exercise overall control of the affairs falling under any of the following:1.
    
    direction and control of the mobilization of materials for an urgent restoration
and the restoration activities by the major key communications business operator;2.
    
    establishment of the countermeasures for efficient urgent restoration activities,
such as a setting-up of the urgent restoration systems and a sharing of roles between
the major key communications business operators, etc.;3.
    
    support to the communications in the communications disaster areas; and4.
    
    other matters deemed necessary by the head of countermeasure headquarters.(4)
    
    The head of countermeasure headquarters may request the major key communications
business operators to dispatch their employees, in order to efficiently operate the
countermeasure headquarters. In this case, any major key communications business operator
in receipt of a request for dispatching his employees shall comply with it unless there
exist any special grounds.(5)
    
    Except as otherwise prescribed in this Enforcement Decree, the matters necessary for
organization and operation of the countermeasure headquarters shall be determined by the
head of countermeasure headquarters.
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(1)
    
    If the Korea Communications Commission intends to give an opportunity to state opinion
under Article 40-2(2) of the Act, it shall notify the person concerned or the persons
representative not later than ten days before the fixed date for stating opinion.(2)
    
    The person or the persons representative notified under paragraph (1) may present
oneself on the date fixed, and state or submit in writing ones opinion.(3)
    
    When the person concerned or the persons representative present oneself and state
ones opinion under paragraph (2), public officials concerned shall prepare a written
abstract thereof and have the subject person confirm it and affix signature and seal
thereto.(4)
    
    Notification under paragraph (1) shall specify that the subject person will be deemed
to have no opinion in the absence of an oral or a written statement of opinion without a
compelling reason.
   1.
    
    where necessary for the establishment or enforcement of policies relating to
telecommunications;2.
    
    where necessary in order to verify the propriety of installation or management of
telecommunications facilities and equipment; or3.
    
    where necessary for securing stable communication during a state emergency or
disaster.
  (1)
    
    Pursuant to Article 46(1) of the Act, the Korea Communications Commission shall
delegate each of the following authorities to the director general of the Radio Research
Laboratory:
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1.
    
    form approval of telecommunications machinery and materials under Article 33(1) of
the Act;2.
    
    designation, inspection, cancellation, suspension of business and supervision of
designated testing institutions under Article 33-2 of the Act;3.
    
    termination of form approval under Article 34-2 of the Act;4.
    
    revocation of form approval, suspension of product manufacturing or taking other
necessary measures under Article 35(1) of the Act;5.
    
    affairs concerning investigation and testing of telecommunications machinery and
materials under Article 36(2) of the Act (applicable only to telecommunications machinery
and materials for which form approval has been granted under the text of Article 33(1) of
the Act);6.
    
    order for destruction or removal of telecommunications machinery and materials
under Article 36(3) of the Act (applicable only to telecommunications machinery and
materials for which a sign of form approval has not been marked in contravention of the
provisions of Article 33(4) of the Act, or which have been judged inferior in quality
after investigation and testing under Article 36(2) of the Act);7.
    
    hearing under Article 45-2 of the Act; and8.
    
    imposition or collection of a fine for negligence, pursuant to Article 53(2) of the
Act, on and from any person who falls under Article 53(1) 6, 7 or 8 of the Act
(applicable only to any person who has rejected, hindered or dodged investigation or
testing of telecommunications machinery and materials to which form approval has been
granted under the text of Article 33(1) of the Act).(2)
    
    The Korea Communications Commission shall delegate the following authorities to the
Director General of the Central Radio Management Office under Article 46(1) of the Act:
<Amended July 3, 2008>1.
    
    acceptance of reports on the installation of private telecommunications facilities
and
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equipment, and reports on any alteration to the telecommunications facilities and
equipment installed, under Article 20(1) of the Act;2.
    
    verification under Article 20(3) of the Act;3.
    
    issuance of orders, under Article 22(1) of the Act, against persons who installed
private telecommunications facilities and equipment to either engage in a
telecommunications business or to connect such private telecommunications facilities and
equipment with other telecommunications facilities and equipment;4.
    
    issuance of correction orders, under Article 23(1) of the Act, against persons who
installed private telecommunications facilities and equipment;5.
    
    issuance of orders, under Article 23(2) and (3) of the Act, to suspend the use of
private telecommunications facilities and equipment or to remodel or repair private
telecommunications facilities and equipment;6.
    
    imposition or collection of penalties under Article 24 of the Act;7.
    
    examination or testing of telecommunications facilities and equipment, under
Article 25(5) of the Act, in order to verify whether they conform to the technical
standards;8.
    
    measures necessary, under Article 27 of the Act, to correct persons who installed
telecommunications facilities and equipment or for other purposes;9.
    
    investigation of telecommunications machinery and materials under Article 36(2) of
the Act (applicable only to telecommunications machinery and materials for which form
approval has not been granted in contravention of the text of Article 33(1) of the Act);
and10.
    
    issuance of orders to destruct or remove telecommunications machinery and materials
under Article 36(3) of the Act (applicable only to telecommunications machinery and
materials for which form approval has not been granted in contravention of the text of
Article 33(1) of the Act).11.
    
    acceptance and inspection of reports with respect to persons who install
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telecommunications facilities and equipment under Article 45(1) of the Act;12.
    
    issuance of orders to eliminate illegal telecommunication facilities and equipment
and taking other measures necessary therefor under Article 45(2) of the Act; and13.
    
    imposition or collection of a fine for negligence, pursuant to Article 53(2) of the
Act, on and from any person who falls under Article 53(1)1-5, 8, 9 or 10 of the Act
(applicable only to any person who has rejected, hindered or dodged investigation of
telecommunications machinery and materials to which form approval has not been granted in
contravention of the text of Article 33(1) of the Act).
  (1)
    
    When the Korea Communications Commission imposes a fine for negligence under Article
53(2) of the Act, it shall, upon investigation and verification of the subject offense,
notify, in writing, the person subject to such fine to pay it, specifying the details of
the subject offense and methods of, and period for, raising objection .(2)
    
    When the Korea Communications Commission intends to impose a fine for negligence under
paragraph (1), it shall specify a period of not less than 10 days and give the person
subject to such fine an opportunity to state her or his opinion. In such case, it shall be
deemed that there is no opinion in the absence of any oral or written opinion presented
within the period specified.(3)
    
    In determining the amount of a fine for negligence, the Korea Communications Commission
shall take into account the motive and consequences of the subject offense.(4)
    
    Fines for negligence shall be collected in accordance with the collection procedures
for any income prescribed under the laws relating to the management of national funds, and
any payment notice shall include methods of, and period for, objection.
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