RADIO WAVES ACT
Wholly Amended by Act No. 6197, Jan. 21, 2000
Amended by Act No. 6315, Dec. 29, 2000
Act No. 6893, May 29, 2003
Act No. 6909, May 29, 2003
Act No. 7264, Dec. 30, 2004
Act No. 7265, Dec. 30, 2004
Act No. 7441, Mar. 31, 2005
Act No. 7559, May 31, 2005
Act No. 7796, Dec. 29, 2005
Act No. 7815, Dec. 30, 2005
Act No. 8091, Dec. 26, 2006
Act No. 8199, Jan. 3, 2007
Act No. 8221, Jan. 3, 2007
Act No. 8486, May 25, 2007
Act No. 8770, Dec. 21, 2007
Act No. 8776, Dec. 21, 2007
Act No. 8867, Feb. 29, 2008
Act No. 9128, Jun. 13, 2008
Act No. 9455, Feb. 6, 2009
Act No. 9482, Mar. 13, 2009
Act No. 9535, Mar. 25, 2009
Act No. 9773, Jun. 9, 2009
Act No. 9780, Jun. 9, 2009
Act No. 10166, Mar. 22, 2010
Act No. 10393, Jul. 23, 2010
Act No. 10564, Apr. 7, 2011
Act No. 11037, Aug. 4, 2011
Act No. 11451, May 23, 2012
Act No. 11712, Mar. 23, 2013
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to provide matters relating to the efficient
utilization and control of radio waves to facilitate the promotion of the field
relating to radio waves and serve to promote public welfare by facilitating the
utilization of radio waves and the development of radio-wave technologies.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 2 (Definitions of Terms)
(1) The terms used in this Act shall be defined as follows: <Amended by Act
No. 7815, Dec. 30, 2005; Act No. 8776, Dec. 21, 2007; Act No. 8867, Feb. 29,
2008; Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010>
1. The term "radio waves" means electromagnetic waves which propagate
in space without any artificial guidance and vibrate at frequencies
within the range determined by the International Telecommunication
Union;
2. The term "distribution of frequencies" means determining the use of
specified frequencies;
3. The term "allocation of frequencies" means granting specific persons
the right to utilize specified frequencies;
4. The term "designation of frequencies" means designating specific
frequencies to be used by a wireless station established by permission
or by filing a report thereon;
4-2. The term "withdrawal of frequencies" means withdrawal of all or
some of an allocation of frequencies, a designation of frequencies or
an approval for use of frequencies;
4-3.
The
term
frequencies,
"reallocation
designation
of
of
frequencies"
frequencies
or
means
approval
allocation
for
use
of
of
frequencies after withdrawal of frequencies and in replacement thereof;
5. The term "wireless facilities and equipment" means electrical facilities
and equipment capable of sending or receiving radio waves;
5-2. The term "wireless communications" means sending or receiving
information, such as all types of signs, signals, words, images and
sounds, by using radio waves;
6. The term "wireless station" means the integration of wireless facilities
and equipment, and persons who operate such wireless facilities and
equipment: Provided, That any wireless station established only for the
purpose of receiving broadcasts shall be excluded herefrom;
7. The term "person engaged in wireless work" means any person who
operates
or
does
the
work
of
installing
wireless
facilities
and
equipment and holds a certificate of technical qualification issued under
Article 70 (2);
8. The term "installer" means any person who establishes a wireless
station after obtaining permission from, or filing a report with, the
Minister of Science, ICT and Future Planning;
9. The term "broadcasting station" means a wireless station established for
the purpose of enabling the public to directly receive broadcasting
signals;
10. The term "space station" means a wireless station established in a
man-made satellite;
11. The term "earth station" means a wireless station established on earth
to communicate with a space station;
12. The term "satellite network" means the integration of communications
networks comprised of the space stations and the earth stations;
13. The term "satellite orbit" means the location or path of a space
station;
14. The term "electromagnetic interference" means that electromagnetic
waves emitted (referring to the propagation of electromagnetic energy
in space) or conducted (referring to the flow of electromagnetic energy
through
power
supply
lines)
by
electromagnetic
wave-generating
equipment disturb the performance of other equipment;
15. The term "electromagnetic compatibility" means when equipment that
causes electromagnetic interference or is affected by electromagnetic
waves, is in conformity with the standards for the prevention of and
protection from electromagnetic interference under Article 47-3 (1);
16. The term "broadcasting communications equipment" means devices,
apparatuses,
components
or
lines
used
for
broadcasting
and
communications equipment;
17. The term "radio wave environment" means the overall conditions
whereby electromagnetic waves are distributed, such as the intensity of
radio waves and noise around the human body, machinery or wireless
equipment.
(2) The definitions of terms used in this Act shall be governed by the
Framework Act on Broadcasting Communications Development, except as
otherwise provided by paragraph (1). <Newly Inserted by Act No. 10393, Jul.
23, 2010>
Article 3 (Facilitating Utilization of Radio Wave Resources)
The government shall formulate and implement policy measures necessary to
facilitate
the
utilization
of
radio
wave
resources
for
the
purpose
of
maximizing the utilization of limited radio wave resources and promoting the
public welfare.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 4 Deleted. <by Act No. 7815, Dec. 30, 2005>
CHAPTER II SECURING RADIO WAVE
RESOURCES
Article 5 (Securing Radio Wave Resources)
(1) In order to secure radio wave resources, the Minister of Science, ICT and
Future Planning shall formulate and implement policy measures containing
the following matters: <Amended by Act No. 11712, Mar. 23, 2013>
1. The development of technologies for utilizing new frequencies;
2. Increasing the efficient utilization of the frequencies in use;
3. The international registration of frequencies;
4. The consultations and coordination to remove and prevent radio wave
interference between nations.
(2) Necessary matters concerning frequencies subject to registration under
paragraph (1) 3, registration expenses and registration procedures, etc. shall
be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 6 (Improvement of Utilization Efficiency of Radio Waves Resource)
(1) The Minister of Science, ICT and Future Planning shall, if necessary to
facilitate fair and efficient utilization of radio wave resources, implement
matters falling under each of the following subparagraphs: <Amended by
Act No. 11712, Mar. 23, 2013>
1. Alteration of distribution of frequencies;
2. Withdrawal of frequencies or reallocation of frequencies;
3. Conversion to new technical modes;
4. Joint use of frequencies.
(2) The Minister of Science, ICT and Future Planning may investigate or
confirm a current status of use of frequency, as prescribed by Presidential
Decree, in cases where necessary for implementing matters falling under
each subparagraph of paragraph (1). <Amended by Act No. 11712, Mar. 23,
2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 6-2 (Withdrawal of Frequencies or Reallocation of Frequencies)
(1) The Minister of Science, ICT and Future Planning may execute the
withdrawal of frequencies or reallocation of frequencies under Article 6
(1) 2, in cases where falling under any of the following subparagraphs:
<Amended by Act No. 11712, Mar. 23, 2013>
1. Where the distribution of frequencies has been altered;
2. Where the actual record of frequency utilization has been inactive or
where necessity exists for elevating the efficient utilization of frequency
through a readjustment of frequency band.
(2) Necessary matters concerning a withdrawal of frequencies or procedures
for reallocation of frequencies under paragraph (1), a judgment standard
for
actual
record
of
frequency
utilization,
and
requisite,
etc.
for
readjustment of frequency bands shall be prescribed by Presidential
Decree.
(3) Where frequencies need to be newly distributed, withdrawn, or reallocated,
it shall be deliberated by a frequency deliberation committee chaired by
the Minister of the Office for Government Policy Coordination. <Newly
Inserted by Act No. 11712, Mar. 23, 2013>
(4) Necessary matters concerning the composition, operation, etc. of the
frequency deliberation committee under paragraph (3) shall be determined
by Presidential Decree. <Newly Inserted by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 6-3 (Management of Broadcasting Frequencies)
Frequencies used for the broadcasting businesses provided for in subparagraph
2 of Article 2 of the Broadcasting Act shall be managed by the Korea
Communications Commission.
[This Article Newly Inserted by Act No. 11712, Mar. 23, 2013]
Article 7 (Compensation for Losses, etc.)
(1) In implementing withdrawal of frequencies or reallocation of frequencies
under Article 6-2, the Minister of Science, ICT and Future Planning shall
compensate for any loss incurred in the ordinary course of business by
the relevant installer and a person who has obtained approval of
frequency use under Article 19 (5) (hereinafter referred to as "installer,
etc."): Provided, That the same shall not apply to the following cases:
<Amended by Act No. 11712, Mar. 23, 2013>
1. Where following the request of the installer, etc.;
2. Where the International Telecommunication Union has altered the
distribution of frequency, following the alteration of international
distribution of frequency that is to be commonly adopted by all
nations;
3. Where using a frequency which is set for subordinate business
(referring to the business regarding which main business is to be
protected in operating the relevant frequency, and which is not to be
protected from the main business; hereinafter the same shall apply).
(2) The Minister of Science, ICT and Future Planning may collect the amount
of compensation under paragraph (1), where losses are compensated for
under the main sentence of paragraph (1), from the person who has newly
obtained allocation of frequencies, designation of frequencies and approval
for use of frequencies (hereinafter referred to as "new user") for the
relevant frequencies. <Amended by Act No. 11712, Mar. 23, 2013>
(3) When the Minister of Science, ICT and Future Planning intends to
determine the amount of loss compensation under paragraph (1), it shall
seek opinions from the relevant installer, etc. <Amended by Act No. 11712,
Mar. 23, 2013>
(4) Notwithstanding the main sentence of paragraph (1), the Minister of
Science, ICT and Future Planning may have a new user directly
compensate for the loss incurred to an installer, etc. <Amended by Act No.
11712, Mar. 23, 2013>
(5) Where the frequencies allocated under Article 11 (1) fall under any
subparagraph of Article 6-2 (1) and the Minister of Science, ICT and
Future Planning has withdrawn such frequencies, it shall refund, as
prescribed by Presidential Decree, the price paid for allocation of
frequencies for the remainder of the utilization period under Article 15
(1): Provided, That the same shall not apply to any alteration of
distribution of frequencies at the request of a person who has obtained
allocation of frequencies. <Amended by Act No. 11712, Mar. 23, 2013>
(6) Compensations under the main sentence of paragraph (1) and collectible
amounts pursuant to paragraph (2) shall be paid out of and added to the
Broadcasting Communications Development Fund under Article 24 of the
Framework Act on Broadcasting Communications Development (hereinafter
referred to as the "Broadcasting Communications Development Fund"), and
the refund of prices for allocation of frequencies under the main sentence
of paragraph (5) shall be paid out of the Broadcasting Communications
Development Fund and the Information and Communication Promotion
Fund under Article 41 of the Information and Communications Technology
Industry Promotion Act (hereinafter referred to as the "Information and
Communication Promotion Fund"). <Amended by Act No. 10393, Jul. 23,
2010>
(7) Necessary matters concerning the computation criteria and payment
procedures of compensations under the main sentence of paragraph (1)
and paragraph (4), the collection of collectible amounts under paragraph
(2), and the refund of prices for allocation of frequencies and distribution
under paragraph (5) shall be prescribed by Presidential Decree. <Amended
by Act No. 10393, Jul. 23, 2010>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 7-2 (Formal Objection, etc.)
(1) Where installers, etc. have objections to the loss compensation money
under Article 7 (1), they may file an objection with the Minister of
Science, ICT and Future Planning within 30 days from the date of
receiving the notice on the loss compensation money. <Amended by Act No.
11712, Mar. 23, 2013>
(2) Where the Minister of Science, ICT and Future Planning has received a
formal objection under paragraph (1), it shall determine whether to
increase or to decrease the loss compensation money within 30 days from
the date of receiving such objection, and notify, without delay, the
installers, etc. who raised the formal objection of the results thereof:
Provided, That where any inevitable ground exists to the contrary, it may
extend such period within the scope of 30 days. <Amended by Act No.
11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 8 (Basic Plans for Radio Waves Promotion)
(1) The Minister of Science, ICT and Future Planning shall formulate a basic
plan for radio waves promotion for the purpose of promoting the
utilization of radio waves, developing new technology relating to radio
waves and developing the radio wave broadcasting equipment industry
(hereinafter referred to as "basic plan") every five years. <Amended by Act
No. 9482, Mar. 13, 2009; Act No. 11712, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning shall, when it
formulates a basic plan or alters important matters determined by
Presidential Decree, such as plans for the distribution of frequencies in the
basic plan, finalize such plans after seeking opinions through hearings, etc.
<Amended by Act No. 11712, Mar. 23, 2013>
(3) The basic plan shall include the following matters:
1. Basic direction for developing the radio wave broadcasting industry;
2. Medium-and long-term plan for the utilization of frequencies;
3. Development of new radio wave resources;
4. Support for the sophistication of technologies and facilities utilizing
radio waves;
5. Development and propagation of radio-wave media;
6. Development of space communications;
7. Establishment of order in the utilization of radio waves;
8. Matters relating to the standardization of radio waves;
9. Improvement of radio wave environment;
10. Other necessary matters concerning the promotion of radio wave
broadcasting.
(4) The Minister of Science, ICT and Future Planning shall formulate and
execute
a
detailed
implementation
plan
(hereinafter
referred
to
as
"implementation plan") based on the basic plan. <Amended by Act No.
11712, Mar. 23, 2013>
(5) Necessary matters concerning the formulation or execution of the basic
plan and implementation plan shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER III DISTRIBUTION AND
ALLOCATION OF RADIO
WAVE RESOURCES
Article 9 (Distribution of Frequencies)
(1) The Minister of Science, ICT and Future Planning shall take into account
following matters when distributing frequencies: <Amended by Act No.
11712, Mar. 23, 2013>
1. The necessity of national security, the maintenance of order or the
safety of human lives, such as national defense, public safety, the
rescue of persons in trouble;
2. The domestic conditions for the utilization of frequencies, such as
current status of utilization of frequencies;
3. Trends in international use of frequencies;
4. Trends in the development of radio-wave-utilization technology;
5. The demand for services utilizing radio waves.
(2) Where the Minister of Science, ICT and Future Planning makes a
distribution
of
frequencies
under
paragraph
(1),
it
may
distribute
frequencies by dividing the business which uses frequency in the first
order and that which uses frequency usage in the second order. <Amended
by Act No. 11712, Mar. 23, 2013>
(3) The Minister of Science, ICT and Future Planning
shall, when he/she
has distributed frequencies in accordance with paragraph (1), announce
their distribution. The same shall apply to cases where it alters the
distribution of frequencies. <Amended by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 10 (Allocation of Frequencies)
(1) The Minister of Science, ICT and Future Planning may allocate
frequencies to be used directly by a person who intends to run a business
falling under any of the following subparagrapghs. In such cases, the
Minister of Science, ICT and Future Planning shall publicize the matters
prescribed by Presidential Decree, such as the scope of persons who may
apply for the allocation of frequencies, the usage of allocated frequency,
technical mode, etc., taking into account the influence afforded to the key
communications business, etc. by the relevant allocation of frequencies:
<Amended by Act No. 10166, Mar. 22, 2010; Act No. 11712, Mar. 23, 2013>
1.
The
key
communications
business
under
Article
5
(2)
of
the
Telecommunications Business Act;
2. The CATV broadcasting business under subparagraph 2 (b) of Article 2
of the Broadcasting Act or the signal transmission network business
under subparagraph 13 of the same Article.
(2) Any person who intends to obtain allocation of the frequencies publicized
under paragraph (1) shall file an application for the allocation of
frequencies with the Minister of Science, ICT and Future Planning, as
prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23,
2013>
(3) The Minister of Science, ICT and Future Planning may, where it allocates
frequencies,
attach
conditions
to
such
allocation,
as
prescribed
by
Presidential Decree, to prevent the person to be allocated frequencies and
persons in a special relationship with him/her prescribed by Presidential
Decree from dominating radio wave resources and to facilitate competition
at a proper level. <Amended by Act No. 11712, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning may, where an
application under paragraph (2) is not appropriate for the matters
announced under paragraph (1) or the applicant is disqualified under
Article 13, return the relevant application. <Amended by Act No. 11712, Mar.
23, 2013>
(5) Deleted. <by Act No. 9482, Mar. 13, 2009>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 11 (Allocation of Frequencies for Price)
(1) The Minister of Science, ICT and Future Planning may allocate the
frequencies publicized under Article 10 (1) for a price determined by
competition: Provided, That it may allocate the frequencies for a price
calculated pursuant to the main sentence of paragraph (3), when it is
deemed that there exist extraordinary circumstances, such as lack of
competitive demand for the relevant frequencies: <Amended by Act No.
10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
1. through 3. Deleted. <by Act No. 10393, Jul. 23, 2010>
(2) The Minister of Science, ICT and Future Planning may, when allocating
frequencies under the proviso to paragraph (1), make an allocation by
examining the matters described in the subparagraphs of Article 12 and
the influence afforded to the key communications business by the relevant
allocation of frequencies: <Amended by Act No. 10393, Jul. 23, 2010; Act No.
11712, Mar. 23, 2013>
1. through 3. Deleted. <by Act No. 10393, Jul. 23, 2010>
(3) The price for allocation of frequencies shall be computed by considering
the economic value of frequencies, such as the turnover expected from the
business for which the frequencies are allocated, the frequencies subject to
the allocation, and the bandwidth: Provided, That when the Korea
Communications
Commission
allocates
frequencies
through
price
competition, it may determine a minimum price of the competition, below
which no one can be allocated frequencies (hereinafter referred to as
"minimum competitive price"). <Amended by Act No. 10393, Jul. 23, 2010>
(4) The Minister of Science, ICT and Future Planning may have a person
applying for allocation of frequencies pursuant to Article 10 (2) pay a
security deposit prescribed by Presidential Decree within the limit of
10/100 of the price for allocation of frequencies under the main sentence
of paragraph (3) at the time he/she applies for the allocation. In such
cases, if it allocates frequencies through price competition and determines
the minimum competitive price pursuant to the proviso to paragraph (3),
the amount of the security deposit shall be prescribed by Presidential
Decree within the limit of 10/100 of such minimum competitive price.
<Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
(5) The Minister of Science, ICT and Future Planning shall incorporate a
security deposit under paragraph (4) into the revenue of the Broadcasting
Communications Development Fund or the Information and Communication
Promotion Fund in cases where the person who applied for allocation of
frequencies withdraws his/her application after the relevant application
period for the allocation, returns the allocated frequencies without using
them or engages in collusion or price competition in a fraudulent manner.
<Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
(6) The price for allocation of frequencies paid by any person who is
allocated frequencies under paragraph (1) shall be the revenue of the
Broadcasting Communications Development Fund and the Information and
Communications Promotion Fund. <Amended by Act No. 10393, Jul. 23,
2010>
(7) Necessary matters concerning the methods of computing the price for
allocation of frequencies, the collection procedures, the methods of
determining the minimum competitive price and the distribution of
revenues under paragraphs (5) and (6) shall be prescribed by Presidential
Decree. <Amended by Act No. 10393, Jul. 23, 2010>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 12 (Allocation of Frequencies through Examination)
With respect to the frequencies announced in accordance with Article 10 (1),
the Minister of Science, ICT and Future Planning shall, where it does not
allocate the frequencies, as prescribed in Article 11, allocate such frequencies
after examining matters falling under each of the following subparagraphs:
<Amended by Act No. 11712, Mar. 23, 2013>
1. The efficiency of the utilization of radio wave resources;
2. The applicant's financial capability;
3. The applicant's technical capability;
4. Characteristics of frequencies to be allocated or other necessary matters
for the utilization of frequencies.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 13 (Disqualification from Allocation of Frequencies)
No person falling under any of the following subparagraphs shall be allocated
frequencies: <Amended by Act No. 10166, Mar. 22, 2010>
1. Any person who is disqualified from establishing any wireless station
under Article 20 (1);
2. Any person who intends to run a key communications business and is
disqualified from the license of a key communications business under
Article 7 of the Telecommunications Business Act;
3. Any person who intends to run a CATV broadcasting business or a
signal
transmission
network
business
and
is
disqualified
from
permission for a CATV broadcasting business or registration for a
signal
transmission
network
business
under
Article
13
of
the
Broadcasting Act.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 14 (Right to Utilize Frequencies)
(1) Any person who has been allocated frequencies under Article 11 shall
hold the right to exclusively utilize the frequencies concerned (hereinafter
referred to as "right to utilize frequencies"). <Amended by Act No. 9128, Jun.
13, 2008>
(2) Any person who has been allocated frequencies under Article 11 may
transfer or lease the right to utilize frequencies after the period prescribed
by Presidential Decree: Provided, That in cases where any cause or event
prescribed by Presidential Decree, such as bankruptcy or a drastic change
in economic conditions, arises in relation to a person allocated frequencies,
he/she may transfer or lease his/her right to utilize the frequencies prior
to the end of such period. <Amended by Act No. 9128, Jun. 13, 2008>
(3) Any person who intends to transfer or lease the right to utilize
frequencies under paragraph (2) shall obtain approval from the Minister of
Science,
ICT
and
Future
Planning
in
advance,
as
prescribed
by
Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712,
Mar. 23, 2013>
(4) Where granting approval under paragraph (3), the Minister of Science,
ICT and Future Planning shall take into account the matters referred to in
the subparagraphs of Article 12 and may attach necessary conditions for
the efficient and fair utilization of radio wave resources. <Amended by Act
No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013>
(5) Any person who has been granted approval for transfer of the right to
utilize frequencies under paragraph (3) shall succeed to the status of the
person allocated the frequencies under Article 11 and that of the installer
(limited to the cases where a person who has been allocated frequencies
has obtained permission for or filed a report with respect to the
establishment of a wireless station). <Amended by Act No. 7815, Dec. 30,
2005; Act No. 8776, Dec. 21, 2007>
(6) Article 13 shall apply mutatis mutandis to the disqualification of any
person who intends to transfer or lease the right to utilize frequencies.
<Amended by Act No. 9128, Jun. 13, 2008>
(7) Notwithstanding paragraph (3), any person who has taken over all or part
of the business of a key telecommunications business operator having the
right to utilize frequencies after authorized by the Minister of Science,
ICT
and
Future
Planning
pursuant
to
Article
18
of
the
Telecommunications Business Act or who has merged with a corporation
which is a key telecommunications business operator, shall succeed to the
status as the person who has been allocated the relevant frequencies.
<Newly Inserted by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23,
2013>
Article 15 (Utilization Period of Allocated Frequencies)
(1) The Minister of Science, ICT and Future Planning shall determine a
utilization period within the scope of 20 years for the frequencies
allocated under Article 11, and within the scope of ten years for the
frequencies allocated under Article 12, taking into account circumstances
surrounding the utilization of frequencies, and announce such period.
<Amended by Act No. 11712, Mar. 23, 2013>
(2) The utilization period of the frequencies transferred under Article 14 (2)
shall be the remainder of the utilization period under paragraph (1).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 15-2 (Revocation of Allocation of Frequencies)
(1) The Minister of Science, ICT and Future Planning may revoke an
allocation
frequencies
of
frequencies
under
Article
where
10
the
falls
recipient
under
of
any
the
of
allocation
the
of
following
subparagraphs: Provided, That the allocation of frequencies shall be
revoked in cases under subparagraph 1: <Amended by Act No. 10166, Mar.
22, 2010; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
1. Where the allocation of frequencies is made falsely or in any other
unlawful manner;
2. Where the recipient of the allocation of frequencies under Article 10 is
subject to the revocation of the license of a key communications
business under Article 20 of the Telecommunications Business Act or
the revocation of the license for CATV broadcasting business or the
registration of the signal transmission network business under Article
18 of the Broadcasting Act;
3. Where the recipient of the allocation of frequencies violates the
frequency usage or technical mode designated at the time when the
relevant frequencies were allocated under Article 10 (1);
4. Where the recipient of the allocation of frequencies fails to perform
conditions under Article 10 (3);
5. Where the recipient of the allocation of frequencies under Article 11
(1) fails to pay the price for such allocation.
(2) The Minister of Science, ICT and Future Planning may order rectification
only once before revoking the allocation of frequencies under paragraph
(1) (excluding subparagraph 1). <Amended by Act No. 11712, Mar. 23, 2013>
(3) Deleted. <by Act No. 9482, Mar. 13, 2009>
[This Article Newly Inserted by Act No. 9128, Jun. 13, 2008]
Article 16 (Reallocation)
(1) The Minister of Science, ICT and Future Planning may reallocate the
frequencies the utilization period of which expires to the relevant
frequency user at the time of completion of their utilization period:
Provided, That the same shall not apply to any of the following cases:
<Amended by Act No. 11712, Mar. 23, 2013>
1. Where the frequency user does not want such reallocation;
2. Where it is necessary to use the frequencies at issue for the purposes
of national defense, public safety and the rescue of people in trouble;
3. Where the International Telecommunication Union has distributed the
frequencies at issue for other business or usages;
4. Where the frequency user violates any condition under Article 10 (3).
(2) Where the Minister of Science, ICT and Future Planning intends to make
a reallocation under paragraph (1), he/she may have any interested parties
submit their opinions. <Amended by Act No. 11712, Mar. 23, 2013>
(3) Where the Minister of Science, ICT and Future Planning decides not to
make any reallocation in the case of paragraph (1) 2 or 3, intends to
reallocate the frequencies which have been allocated pursuant to Article 12
in return for the price in accordance with the proviso to Article 11 (1),
or intends to attach any other condition, he/she shall notify the user of
such frequencies of such fact one year prior to the expiration of the
utilization period. <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712,
Mar. 23, 2013>
(4) Paragraphs (2) through (5) (excluding provisions governing cases where
the frequencies are allocated in return for a price determined by
competition) shall apply mutatis mutandis to reallocation in return for the
price for allocation of frequencies under the proviso to Article 11 (1), and
Article 12 shall apply mutatis mutandis to other cases. <Amended by Act
No. 10393, Jul. 23, 2010>
(5) In case of reallocating the frequencies, the conditions referred to in
Article 10 (3) may be attached thereto.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 16-2 (Additional Allocation)
When any person who has already been allocated frequencies applies for
frequencies of the same use and technology as the ones he/she has already
been allocated, the Minister of Science, ICT and Future Planning may allocate
frequencies pursuant to Article 11 or 12. <Amended by Act No. 11712, Mar. 23,
2013>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 17 (Alteration of Status)
(1) If the Minister of Science, ICT and Future Planning deems the
frequencies allocated after examination pursuant to Article 12 to have
significant economic value and technological influence or otherwise deems
it necessary to advance the fields related to radio waves, it may alter the
status of the person allocated the frequencies to the person allocated the
frequencies for a price under Article 11. <Amended by Act No. 9128, Jun.
13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
(2) With respect to a person who intends to have his/her allocated frequencies
altered under paragraph (1), the Minister of Science, ICT and Future
Planning may require him/her to pay the amount computed according to
the standards prescribed by Presidential Decree. <Amended by Act No. 9128,
Jun. 13, 2008; Act No. 11712, Mar. 23, 2013>
(3) Deleted. <by Act No. 8776, Dec. 21, 2007>
(4) Articles 10 (3) and 11 (6) shall apply mutatis mutandis to the alteration
of status referred to in paragraph (1). <Amended by Act No. 9128, Jun. 13,
2008>
(5) Necessary matters concerning the procedures, etc. for the alternation of
status under paragraph (1) shall be prescribed by Presidential Decree.
<Amended by Act No. 9128, Jun. 13, 2008>
Article 18 (Ledger Managing Rights to Utilize Frequencies)
(1) The Minister of Science, ICT and Future Planning shall keep and manage
a ledger entered with matters relating to the right to utilize frequencies
(hereinafter referred to as "ledger managing rights to utilize frequencies")
to efficiently manage the rights to utilize frequencies, as prescribed by
Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013>
(2) Any person who intends to gain access to or to obtain a copy of the
ledger managing rights to utilize frequencies shall file an application
thereof with the Minister of Science, ICT and Future Planning, as
prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23,
2013>
(3) The ledger managing right to utilize frequencies under paragraph (1) shall
be maintained and managed in an electronic method unless any special
ground exists to make electronic handling impossible.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER IV UTILIZATION OF RADIO WAVE
RESOURCES
SECTION 1 Permission for and Operation of Wireless
Station
Article 19 (Establishment, etc. of Wireless Station after Receiving Permission)
(1) Any person who intends to establish a wireless station shall obtain
permission from the Minister of Science, ICT and Future Planning, as
prescribed by Presidential Decree. The same shall apply when any person
intends to change any matter specified by Presidential Decree, among the
permitted matters: <Amended by Act No. 7815, Dec. 30, 2005; Act No. 8776,
Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act No. 9128, Jun. 13, 2008; Act
No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
1. through 3. Deleted. <by Act No. 10393, Jul. 23, 2010>
(2) Notwithstanding the former part of paragraph (1), if a person who intends
to establish a wireless station to receive telecommunications services under
subparagraph 6 of Article 2 of the Telecommunications Business Act as
specified by Presidential Decree enters into a service contract with a
person who renders such telecommunications services, the wireless station
concerned shall be deemed to be granted permission by the Minister of
Science, ICT and Future Planning. In such cases, the latter part of
paragraph (1), Articles 22, 24, 25-2, and subparagraph 2 of Article 69 (1)
shall not apply. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10166,
Mar. 22, 2010; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
(3) When any operator of telecommunications business has entered into a
service contract with a person who intends to establish a wireless station
under paragraph (2), he/she shall notify the number of subscribers who
have newly entered into a service contract and the total number of
subscribers to the Minister of Science, ICT and Future Planning, as
prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008;
Act No. 11712, Mar. 23, 2013>
(4) Deleted. <by Act No. 10393, Jul. 23, 2010>
(5) Notwithstanding paragraph (1), any person who has obtained approval
from the Minister of Science, ICT and Future Planning for use of
frequencies, as prescribed by Presidential Decree, may establish a wireless
station. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23,
2013>
(6) Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 19-2 (Establishment, etc. of Wireless Station after Filing Report)
(1) Notwithstanding Article 19 (1), if any person intends to establish any of
the following wireless stations that are specified by Presidential Decree as
not requiring to restrict their frequencies or the power delivered to the
antenna in order to prevent signal interference between nations or regions,
or that are not established for the purpose of safety of life, etc., the
person shall report to the Minister of Science, ICT and Future Planning.
The same shall also apply when the person intends to change the matters
specified
by Presidential Decree
from among the reported
matters:
<Amended by Act No. 11712, Mar. 23, 2013>
1. Wireless stations which have week radio waves or for which wireless
facilities do not need to be built;
2. Wireless stations exclusively used for reception;
3. Wireless stations established by a person who has been allocated
frequencies under Article 11 or 12, to provide telecommunications
services;
4. Wireless stations established for the digital multimedia broadcasting
under subparagraph 1 (d) of Article 2 of the Broadcasting Act.
(2) Notwithstanding paragraph (1), a person may establish a wireless station
specified by Presidential Decree, including wireless stations which have
week radio waves, without filing a report with the Minister of Science,
ICT and Future Planning. <Amended by Act No. 11712, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 20 (Disqualification from Establishment of Wireless Station)
(1) Any of the following persons shall be prohibited from establishing any
wireless station: Provided, That the same shall not apply where wireless
stations are established under Articles 19 (2), 19-2 (1) 1 and 2, and
Article 19-2 (2): <Amended by Act No. 7815, Dec. 30, 2005; Act No. 8776,
Dec. 21, 2007; Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010>
1. A person who does not hold nationality of the Republic of Korea;
2. Any foreign government or its representative;
3. Any foreign corporation or foreign organization;
4. A person who has been sentenced to imprisonment without prison labor
or a heavier punishment for violating this Act and for whom two
years have not passed from the date on which the execution of such
sentence was terminated or the exemption of such execution was
confirmed;
5. A person who is in the period of a stay after having been sentenced
to a stay of execution of imprisonment without prison labor or a
heavier punishment for violating this Act;
6. A person who has been sentenced to a punishment for committing the
crime of insurrection and foreign aggression under the Criminal Act,
the crime of serving the interest of the enemy under the Military
Criminal Act, or the crime of violating the National Security Act, and
for whom two years have not passed from the date on which the
execution of such sentence was terminated or the exemption of such
execution was confirmed;
7. A person for whom permission to establish a wireless station has been
revoked under Article 72 (2) or who has been ordered to close the
wireless station for which a report on establishment was filed and the
relevant ground continues to exist.
(2) The provisions of paragraph (1) 1 through 3 shall not apply to any of
the following wireless stations: <Amended by Act No. 9128, Jun. 13, 2008;
Act No. 11712, Mar. 23, 2013>
1. An experimental wireless station (referring to a wireless station used
exclusively for conducting experiments for the development of science
or technology; hereinafter the same shall apply);
2. A wireless station of a ship under Article 29 of the Ship Safety Act;
3. A wireless station operated for the domestic aviation of aircraft for
which permission has been granted under the proviso to Articles 145
(proviso) and 148 of the Aviation Act;
4. Any of the following wireless stations whose establishment in any
foreign nation by the government, representatives or citizens of the
Republic of Korea has been permitted by such foreign nation in the
same
manner
as
such
foreign
nation
does
for
its
government,
representatives or citizens in its territory:
(a) A wireless station established in a diplomatic mission such as an
embassy in which diplomatic and consular affairs of a foreign
nation are carried out in the Republic of Korea for communications
between specific points;
(b) An amateur wireless station (referring to a wireless station used
exclusively for self-training and technical research out of a personal
interest in wireless technology; hereinafter the same shall apply);
(c) A wireless station which renders ground mobile services and is
prescribed by Presidential Decree;
5. A wireless station permitted by the Minister of Science, ICT and
Future Planning only during a period of international or national events
held within the Republic of Korea;
6. An amateur wireless station established by any of the following
persons:
(a) A person who has acquired the qualification of an amateur radio
operator of the Republic of Korea granted under Article 70;
(b) A person who intends to operate a wireless station during his/her
temporary
stay
in
the
Republic
of
Korea
after
obtaining
recommendation from an organization designated by the Minister of
Science, ICT and Future Planning (limited to any person who has
acquired the qualification of an amateur radio operator in his/her
country);
7. A wireless station which is established in an aircraft or a ship for
offering telecommunications services in the relevant aircraft or ship
entering or leaving the Republic of Korea.
Article 20-2 (Conditions for Establishing Wireless Station)
(1)
Each
wireless
station
shall
satisfy
the
following
conditions
for
establishment:　<Amended by Act No. 8867, Feb. 29, 2008; Act No. 11712,
Mar. 23, 2013>
1. The content of communications shall be appropriate for the purpose of
establishment;
2. The wireless facilities shall not be provided to persons other than the
installer: Provided, That the same shall not apply to any wireless
station leased to any third party under Article 48 (1), wireless station
established for smooth communication between persons who are closely
related for business and recognized by the Minister of Science, ICT
and Future Planning, or wireless station that carries out emergency
communications under Article 25 (2) 4;
3. No purpose of establishment, content of communications, nor selection
of correspondents shall violate any Act or subordinate statute;
4. The minimum frequencies and power delivered to the antenna necessary
for the achievement of the purpose of establishment shall be used;
5. The wireless facilities shall be installed at a place that does not cause
any impediment to the human life, property and safety of aircraft;
6. No wireless station shall cause any inference to the operation of other
wireless stations already established.
(2) Necessary matters concerning the conditions for establishment according to
the classification of wireless station under paragraph (3), other than those
under paragraph (1), shall be prescribed by Presidential Decree. <Amended
by Act No. 10393, Jul. 23, 2010>
(3) Matters concerning the affairs of wireless stations and the classification of
wireless stations shall be prescribed by Presidential Decree. <Newly Inserted
by Act No. 10393, Jul. 23, 2010>
[This Article Newly Inserted by Act No. 8776, Dec. 21, 2007]
Article 21 (Procedures for Granting Permission, etc. to Establish Wireless
Station)
(1) Any person who intends to obtain permission to establish a wireless
station under Article 19 (1) or change permitted matters (hereinafter
referred to as "permission for change") shall file an application for such
permission with the Minister of Science, ICT and Future Planning, as
prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008;
Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning, upon receipt of an
application
for
permission
under
paragraph
(1),
shall
examine
the
following: <Amended by Act No. 8776, Dec. 21, 2007; Act No. 8867, Feb. 29,
2008; Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013>
1. Whether the designation of frequencies is possible;
2. Whether the wireless facilities to be installed or operated are in
conformity with the technical standards under Article 45;
3. Whether plans for placing persons engaged in wireless work are in
conformity with the standards for the qualification and placement of a
fixed number of persons engaged in wireless work under Article 71;
4. Whether establishing the wireless station is in conformity with Article
20-2.
(3) When the Minister of Science, ICT and Future Planning deems it
necessary to conduct an examination referred to in paragraph (2), he/she
may require the applicant to furnish data or seek his/her opinion.
<Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning shall, if he/she deems
an application is appropriate as a result of the examination under
paragraph (2), grant the applicant permission to establish a wireless station
or permission for change and issue a certificate of permission stating the
deadline for completing the construction of the wireless station and other
matters prescribed by Presidential Decree, to the applicant. <Amended by
Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; No. 11712, Mar. 23,
2013>
(5) When the Minister of Science, ICT and Future Planning grants permission
to establish a wireless station or permission for change prescribed by
Presidential Decree, he/she shall publicize such fact as prescribed by
Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393,
Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
Article 22 (Effective Term of Permission to Establish Wireless Station and
Approval for Use of Frequencies)
(1) The effective term of permission to establish a wireless station under
Article 19 (1) shall be prescribed by Presidential Decree within the limit
of seven years, and that of approval for use of frequencies under
paragraph (5) of the same Article shall be prescribed by Presidential
Decree within the limit of ten years; and when the relevant period has
expired, re-permission or re-approval may be rendered. <Amended Act No.
9455, Feb. 6, 2009>
(2) Notwithstanding paragraph (1), the effective term of permission to
establish a wireless station in any ship, aircraft or light aircraft, which is
mandatory under the Ship Safety Act or the Aviation Act, shall be
indefinite. <Amended by Act No. 9773, Jun. 9, 2009>
(3) The effective term of permission or approval under paragraph (1) shall be
reckoned
from
the
date
provided
for
in
any
of
the
following
subparagraphs: <Amended by Act No. 10393, Jul. 23, 2010>
1. For permission to establish a wireless station, the date on which an
inspection certificate under the main sentence of Article 24 (3) is
issued: Provided, That for permission to establish a wireless station
under any subparagraph of Article 24-2 (1), the effective term shall be
reckoned from the date on which the relevant permission is obtained;
2. For approval for use of frequencies, the date on which the relevant
approval is obtained.
(4) The procedures for re-permission or re-approval under paragraph (1)
and other necessary matters shall be prescribed by Presidential
Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 22-2 (Procedures for Reporting Establishment of Wireless Station, etc.)
(1) Any person who intends to report the establishment of a wireless station
pursuant to the former part of Article 19-2 (1) shall file a report with the
Minister of Science, ICT and Future Planning before the wireless station
is established. The same shall apply when any person files a report to
change any reported matters (hereinafter referred to as "report on
change"). <Amended by Act No. 11712, Mar. 23, 2013>
(2) When the Minister of Science, ICT and Future Planning receives a report
on the establishment of a wireless station or a report on change under
paragraph (1), he/she shall issue a certificate of report on wireless station.
<Amended by Act No. 11712, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 23 (Succession of Permission)
(1) Any person falling under any of the following subparagraphs shall
succeed the status of the installer (excluding any person succeeding the
status of the installer under Article 14 (5); hereafter in this Article the
same shall apply): <Amended by Act No. 8776, Dec. 21, 2007; Act No. 9128,
Jun. 13, 2008>
1. The transferee, in cases where the installer transfers his/her wireless
station related to his/her business while transferring his/her business;
2. A corporation that survives a merger or a corporation that is
incorporated by a merger in cases where the corporation that is an
installer is merged;
3. The heirs, in cases where the installer is deceased;
4. A person who operates a ship or an aircraft in cases where there is a
change in the operator of the ship or aircraft equipped with a wireless
station due to the transfer of the ownership of, or a lease contract, etc.
for such ship or such aircraft.
(2) Any person falling under paragraph (1) 1 or 2 shall obtain authorization
from the Minister of Science, ICT and Future Planning, as prescribed by
Presidential Decree: Provided, That in the case of a broadcasting station
installer for terrestrial broadcasting business, he/she shall gain authorization
from the Korea Communications Commission as prescribed by Presidential
Decree. <Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23,
2013>
(3) Any person who falls under paragraph (1) 3 or 4, or any other person
who intends to succeed a wireless station prescribed by Presidential
Decree shall file a report thereof with the Minister of Science, ICT and
Future Planning, as prescribed by Presidential Decree: Provided, That in
the case of a broadcasting station installer for terrestrial broadcasting
business, he/she shall report to the Korea Communications Commission as
prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008;
Act No. 11712, Mar. 23, 2013>
(4) Article 20 shall apply mutatis mutandis to the disqualification of
authorization under paragraph (2) and the report under paragraph (3).
<Amended by Act No. 9128, Jun. 13, 2008>
(5) In cases where not less than two persons succeed the status of the
installer through a corporate merger or inheritance, one of such persons
shall be selected as the representative. <Amended by Act No. 9128, Jun. 13,
2008>
Article 24 (Inspection)
(1) Any of the following persons shall, if the installation of wireless facilities
and equipment is completed, file a report of completion with the Minister
of Science, ICT and Future Planning and then undergo an inspection to
determine whether the wireless facilities and equipment installed are in
conformity with
the technical standards and the
standards for the
qualification and placement of a fixed number of persons engaged in
wireless
work
(hereinafter
referred
to
as
"completion
inspection"):
Provided, That the Minister of Science, ICT and Future Planning may
inspect samples of the wireless stations that are subject to establishment
after filing a report thereon under Article 19-2 (1) 3 (hereinafter referred
to as "sampling inspection"), when Presidential Decree so prescribes:
<Amended by Act No. 8776, Dec. 21, 2007; Act No. 8867, Feb. 29, 2008; Act
No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
1.
Any
person
who
has
obtained
permission
for
establishment
or
permission for change under Article 21 (4);
2. Any person who has filed a report on the establishment of a wireless
station under Article 19-2 (1) 3 or 4 or a report on change under
Article 22-2 (1).
(2) If the Minister of Science, ICT and Future Planning receives an
application for extending the deadline for completing the work stated in a
certificate of permission or certificate of report on wireless station from a
person falling under any of the subparagraphs of paragraph (1), it may
extend such deadline when it deems the relevant reason suitable. In such
cases, the total extended period shall not exceed one year. <Amended by
Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar.
23, 2013>
(3) When wireless facilities and equipment are found to conform with the
technical standards under Article 45 and the qualification and a fixed
number of persons engaged in wireless work are found to conform with
the standards for the qualification and placement of a fixed number of
persons engaged in wireless work under Article 71 as a result of an
inspection under paragraph (1), the Minister of Science, ICT and Future
Planning shall issue without delay an inspection certificate to the
applicant: Provided, That if the outcomes of inspection of a wireless
station fall short of the standards, the wireless station shall undergo
reinspection within a deadline prescribed by Presidential Decree. <Amended
by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act No. 11712,
Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning shall conduct regular
inspections of any of the following wireless stations at such intervals as
prescribed by Presidential Decree for each wireless station within the limit
of five years: <Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul.
23, 2010; Act No. 11712, Mar. 23, 2013>
1. Wireless stations which have obtained permission for establishment
under Article 21 (4);
2. Wireless stations whose establishment have been reported pursuant to
Article 22-2 (1) (limited to wireless stations falling under Article 19-2
(1) 3 or 4).
(5) The Minister of Science, ICT and Future Planning may, when any
domestic ship or aircraft equipped with a wireless station is about to sail
or fly out of the country to any foreign destination or it is deemed
especially necessary to efficiently utilize or control radio waves, inspect
the
technical
standards
for
wireless
facilities
and
equipment,
the
qualification and a fixed number of persons engaged in wireless work and
other necessary matters. <Amended by Act No. 9128, Jun. 13, 2008; Act No.
11712, Mar. 23, 2013>
(6) Deleted. <by Act No. 10393, Jul. 23, 2010>
(7) In cases prescribed by Presidential Decree, such as where the results of
the sampling inspections of wireless stations under the proviso to the main
sentence of paragraph (1) indicate the failure rate exceeds a specific
standard, wireless stations which have not undergone such sampling
inspections shall undergo an inspection under the main sentence of
paragraph (1). <Newly Inserted by Act No. 10393, Jul. 23, 2010>
(8) Necessary matters concerning the timing, methods and procedures of
inspections under paragraphs (1), (4) and (5) shall be prescribed by
Presidential Decree. <Newly Inserted by Act No. 10393, Jul. 23, 2010>
Article 24-2 (Exemption from Inspection, etc.)
(1) Notwithstanding Article 24 (1), the Minister of Science, ICT and Future
Planning may exempt any of the following wireless stations from
completion inspection or omit such inspection: <Amended by Act No. 11712,
Mar. 23, 2013>
1. Wireless stations established in a fishing vessel, small wireless stations
and amateur wireless stations, as prescribed by Presidential Decree;
2. Wireless stations for which permission is renewed under Article 22 (1);
3. Wireless stations for which wireless facilities do not need to be built
or which are simple stations, as prescribed by Presidential Decree;
4. Wireless stations of ships or airplanes, which have not arrived at
destinations in the Republic of Korea after obtaining permission in
foreign countries;
5. Wireless stations under Article 20 (2) 7, whose installer is a foreigner.
(2) Notwithstanding Article 24 (4), if a ship or airplane on which a wireless
station is built is navigating in foreign countries at the time of a regular
inspection or if it is otherwise deemed that a regular inspection is not
required for a wireless station, the Minister of Science, ICT and Future
Planning may delay the regular inspection, exempt the wireless station
from the inspection, or omit the inspection. <Amended by Act No. 11712,
Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 25 (Operation of Wireless Station)
(1) Wireless stations that are to undergo a completion inspection under Article
24 (1) shall go into operation after undergoing such completion inspection
: the same shall not apply where wireless stations are exempt from
completion inspection or such inspection is omitted under Article 24-2 (1).
<Amended by Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010>
1. through 5. Deleted. <by Act No. 10393, Jul. 23, 2010>
(2) Each wireless station shall be operated within the scope of matters written
in the certificate of permission under Article 21 (4) or the certificate of
report on wireless station under Article 22-2 (2): Provided, That the same
shall not apply where communications falling under any of the following
subparagraphs are made: <Amended by Act No. 9128, Jun. 13, 2008; Act No.
10393, Jul. 23, 2010>
1. Distress communications (referring to wireless communications made
after sending out distress signals in cases where any ship or aircraft is
in a grave, impending crisis; hereinafter the same shall apply);
2. Emergency communications (referring to wireless communications made
after sending out emergency signals in cases where any ship or aircraft
is likely to face a grave and impending danger and a tense situation
occurs; hereinafter the same shall apply);
3. Safety communications (referring to wireless communications made after
sending out safety signals to prevent any grave danger for any
navigating ship and aircraft; hereinafter the same shall apply);
4. Emergency communications (referring to wireless communications made
to
rescue
human
lives,
give
disaster
relief,
secure
traffic
communications or maintain order in cases where an emergency
situation occurs or is likely to occur following an earthquake, typhoon,
flood, tidal wave or fire, or wire communications are unavailable or it
is difficult to utilize such wire communications; hereinafter the same
shall apply);
5. Other communications prescribed by Presidential Decree.
(3) Notwithstanding the provisions of paragraph (1), wireless stations under
Article 19-2 (1) 3 may be operated after filing a report on completion:
Provided, That the operation of a wireless station shall be suspended and
reinspection
shall
be
conducted
within
a
deadline
prescribed
by
Presidential Decree, in cases where the wireless station fails to pass an
inspection under Article 24 (1). <Newly Inserted by Act No. 8776, Dec. 21,
2007; Act No. 10393, Jul. 23, 2010>
Article 25-2 (Removing or Suspending Operation of Wireless Stations)
(1) When any installer intends to remove a wireless station, suspend the
operation of a wireless station for not less than one month, or operate a
wireless station again after suspending its operation for not less than one
month, he/she shall report such to the Minister of Science, ICT and
Future Planning, as prescribed by Presidential Decree: Provided, That in
the case of a broadcasting station installer for terrestrial broadcasting
business, he/she shall report to the Korea Communications Commission as
prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23,
2013>
(2) When any installer reports the removal of a wireless station, the
permission for or report on the establishment of the wireless station shall
be nullified.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 26 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 27 (Communications Methods, etc.)
Any wireless station shall be operated in a manner consistent with the matters
relating to the wireless station's calling method, responding methods, hours of
operation, the obligation to listen and other communications methods, as
prescribed and notified by the Minister of Science, ICT and Future Planning.
<Amended by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 28 (Distress Communications, etc.)
(1) Conditions, such as frequencies to be used and the type of radio waves,
that must be met by any wireless station that is mandatorily installed in a
ship, aircraft or light aircraft under the Ship Safety Act or the Aviation
Act shall be prescribed and publicly notified by the Minister of Science,
ICT and Future Planning. <Amended by Act No. 9780, Jun. 9, 2009; Act No.
11712, Mar. 23, 2013>
(2)
Where
any
wireless
station
falling
under
any
of
the
following
subparagraphs receives any distress signal, it shall immediately respond to
such emergence call prior to any other wireless communications and take
every
possible
measure
to
notify
a
wireless
station
located
most
conveniently for rescuing the ship or the aircraft in trouble and when it
receives emergency communications or safety communications, it shall take
necessary measures as prescribed and notified by the Minister of Science,
ICT and Future Planning: <Amended by Act No. 11712, Mar. 23, 2013>
1. Coastal wireless station (referring to a wireless station opened and fixed
to the ground to communicate with ship wireless stations; hereinafter
the same shall apply);
2. Ship wireless station (referring to a wireless station opened in a ship to
communicate with respect to its maritime mobile activities; hereinafter
the same shall apply);
3. Aviation wireless station (referring to a wireless station opened and
fixed to the ground to communicate with aircraft stations; hereinafter
the same shall apply);
4. Aircraft wireless station (referring to a wireless station opened in
aircraft to communicate with respect to its aerial mobile activities;
hereinafter the same shall apply).
(3)
Any
ship
wireless
station,
when
it
moves
into
or
out
of
the
communications range of a coastal wireless station, shall give notice
thereof to a coastal wireless station, as prescribed by Presidential Decree.
(4) Any aircraft wireless station shall, when its aircraft is in the air,
communicate with an aviation wireless station as prescribed and notified
by the Minister of Science, ICT and Future Planning. <Amended by Act No.
11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 29 (Prevention of Radio Interference, etc.)
Each wireless station shall be operated in a manner that it does not cause
any radio interference which impedes or obstructs the operation of other
wireless
stations:
Provided,
That
the
same
shall
not
apply
to
the
communications made under Article 25 (2) 1 through 4.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 30 (Observance of Security of Communications)
(1) Each installer, each person who engages in the business of wireless
communications or any other person who utilizes wireless facilities and
equipment shall observe matters relating to the security of communications
as prescribed and notified by the Minister of Science, ICT and Future
Planning, such as a designation of a person responsible for the security of
communications,
and
completion
of
education
for
the
security
of
communications, etc. <Amended by Act No. 11712, Mar. 23, 2013>
(2) Necessary matters concerning education, etc. for the communications
security under paragraph (1) shall be prescribed and publicly notified by
the Minister of Science, ICT and Future Planning. <Amended by Act No.
11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 31 (Communications of Experimental Wireless Station, etc.)
(1) Each experimental wireless station shall be prohibited from communicating
with any experimental wireless station of a foreign country.
(2) Each experimental wireless station and each amateur wireless station shall
be prohibited from using secret codes when they communicate.
(3) No amateur wireless station shall communicate for any third person:
Provided, That the same shall not apply to the communication for an
opener of other amateur wireless stations or the communication for
emergency disaster relief.
(4) Any amateur wireless station may make relay communications by linking
the
wire-wireless
interface
emergency disaster relief.
to
wireless
facilities
and
equipment
for
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 32 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 33 Deleted. <by Act No. 10393, Jul. 23, 2010>
SECTION 2 Permission for Establishing Broadcasting Station
and Its Operation
Article 34 (Permission for Opening Broadcasting Station)
(1) Notwithstanding Article 19 (1), a person who intends to obtain permission
or renewed permission for establishing a broadcasting station for terrestrial
broadcasting business provided for in Articles 9 (1) and 17 (1) of the
Broadcasting
Act
shall
make
an
application
with
the
Korea
Communications Commission as prescribed by Presidential Decree. <Newly
Inserted by Act No. 11712, Mar. 23, 2013>
(2)
The
Korea
Communications
Commission
shall,
upon
receiving
an
application for permission or renewed permission for the establishment of
a broadcasting station under paragraph (1), request that the Minister of
Science, ICT and Future Planning examine following matters: <Amended by
Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013>
1. Whether it is possible to designate frequencies within the frequency
range allocated for broadcasting;
2. Whether wireless facilities and equipment to be installed or operated
meet the technical standards provided for in Article 45;
3. Whether an arrangement plan for persons engaged in wireless work
meets the standards for qualification and arrangement of a fixed
number of persons referred to in Article 71;
4. Whether the conditions for opening a broadcasting station under Article
35 are satisfied;
5. Other matters necessary to run broadcasting business in a proper
manner, which are prescribed by Presidential Decree.
(3) The Minister of Science, ICT and Future Planning shall examine the
matters in each subparagraph of paragraph (2), and send examination
results to the Korea Communications Commission. <Newly Inserted by Act
No. 11712, Mar. 23, 2013>
(4) The Korea Communications Commission shall decide whether to give or
renew permission based
on the examination
results referred
to
in
paragraph (3). The same shall also apply to revisions to matters prescribed
by Presidential Decree, from among permitted matters. <Newly Inserted by
Act No. 11712, Mar. 23, 2013>
Article
34-2
(Establishment,
etc.
of Wireless Stations,
etc.
for
Satellite
Broadcasting Businesses)
The Minister of Science, ICT and Future Planning shall, upon receiving an
application for permitting the establishment of a wireless station, etc. for
satellite broadcasting under Article 21 (1), examine the following matters in
addition to the matters prescribed in paragraph (2) 1 through 3 of the same
Article:
1. Whether the conditions for opening a broadcasting station under Article
35 are satisfied;
2. Other matters necessary to run broadcasting business in a proper
manner, which are prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11712, Mar. 23, 2013]
Article 35 (Conditions for Opening Broadcasting Station)
(1) Any person who intends to open a broadcasting station shall install such
broadcasting station in a manner that it does not cause any radio
interference with the reception of other broadcasts.
(2) Necessary matters concerning conditions, such as the location of the
station, the height of aerial transmission lines, generating power and
directional characteristics, for opening a broadcasting station for the
prevention of radio interferences shall be prescribed by Presidential
Decree.
(3) The Korea Communications Commission may, when details of an
application for permission filed by a person who intends to open a
broadcasting station, fail to conform to the conditions for opening a
broadcasting station under paragraph (2), order a supplementation therefor,
such as relocation of the place of installation.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 36 (Protection of Reception of Broadcasts)
(1) Any person who owns any building causing interference with the
reception of ordinarily receivable broadcasts shall take necessary measures
to remove such interference.
(2) The standards for ordinally receivable broadcasts referred to in paragraph
(1) shall be prescribed by the notification of the Korea Communications
Commission and matters necessary to remove the interference with the
reception of broadcasts shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 37 (Standard Method of Broadcasting)
(1) The Minister of Science, ICT and Future Planning shall set and announce
the standard methods of broadcasting to ensure the efficient utilization of
frequencies used for broadcasting business and increase conveniences for
its users. <Amended by Act No. 11712, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning shall, if it sets or
alters the standard methods of broadcasting in accordance with paragraph
(1), listen, in advance, to the opinion of interested parties. <Amended by
Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
SECTION 3 Operation of Space Communications
Article 38 (Securing of Satellite Orbit and Frequencies)
The Minister of Science, ICT and Future Planning shall take policy measures
to secure a satellite orbit and frequencies (hereinafter referred to as "satellite
orbit, etc.") for space communications. <Amended by Act No. 11712, Mar. 23,
2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 39 (International Registration of Satellite Orbits, etc.)
(1) Any person who intends to secure a satellite orbit, etc. to open a space
station shall request the Minister of Science, ICT and Future Planning to
file an application for the international registration of a satellite network,
as prescribed by Presidential Decree. <Amended by Act No. 11712, Mar. 23,
2013>
(2) The Minister of Science, ICT and Future Planning shall, in cases where
the details of the request for filing an application for the international
registration of a satellite network under paragraph (1) satisfy matters
falling under any of the following subparagraphs, file an application for
the international registration of a satellite network with the International
Telecommunication Union in accordance with the Radio Regulations of the
International Telecommunication Union, and return such request or have
such request supplemented by specifying the period, in cases where the
details of such request do not satisfy matters falling under any of the
following subparagraphs: <Amended by Act No. 11712, Mar. 23, 2013>
1. The designation of frequencies in the space station to be opened by the
applicant shall be possible;
2. The satellite business plan shall be appropriate;
3. The applicant shall have the capability to adjust the radio interference
of satellite network.
(3) Where an application for the international registration of a satellite
network has been filed under paragraph (2), any person who has requested
the filing of such application with the Minister of Science, ICT and
Future Planning under paragraph (1) shall bear costs involved in the
international registration of a satellite network, as prescribed by the
International Telecommunication Union. <Amended by Act No. 11712, Mar.
23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 40 (Rectification of Radio Interference of Satellite Network)
(1) The Minister of Science, ICT and Future Planning shall take policy
measures necessary to rectify any radio interference with satellite networks
under the jurisdiction of foreign countries. <Amended by Act No. 11712, Mar.
23, 2013>
(2) The Minister of Science, ICT and Future Planning may require any
person who has requested filing of an application for the international
registration of a satellite network under Article 39 (1) to furnish data
necessary to rectify radio interferences. <Amended by Act No. 11712, Mar.
23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 41 (Allocation, etc. of Satellite Orbits, etc.)
(1) Where allowing a person falling under any of subparagraphs of Article 10
(1) to utilize the satellite orbits, etc., the allocation shall be made by
applying mutatis mutandis Articles 10 through 18.
(2) Where allowing a person, other than the persons falling under each
subparagraph of Article 10 (1) to utilize the satellite orbits, etc., the
satellite orbits, etc. shall be designated in the space station when granting
permission to open the space station under Article 21.
(3) When a satellite orbit, etc. has been secured under Article 39, the
Minister of Science, ICT and Future Planning shall allocate it under
paragraph (1) or designate it under paragraph (2) preferentially to the
relevant requester. <Amended by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 42 (Conditions for Opening Space Station)
Any space station shall have a function to immediately halt the emission of
radio waves and to change its orbit by means of the remote control from the
control facilities and equipment.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 43 (Change of Satellite Orbit)
The Minister of Science, ICT and Future Planning may, when it deems it
necessary to rectify radio interference or efficiently utilize radio wave
resources, allow an installer of a space station to change a satellite orbit to
the extent it creates no serious impediment to attaining the objective.
<Amended by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 44 (Registration of Man-Made Satellite with United Nations)
(1) The Minister of Science, ICT and Future Planning shall register a
man-made satellite launched by a citizen of the Republic of Korea with
the United Nations in accordance with the Convention on Registration of
Objects Launched into Outer Space. <Amended by Act No. 11712, Mar. 23,
2013>
(2) The Minister of Science, ICT and Future Planning may request any
person who has launched a man-made satellite to submit the data required
for registration of relevant man-made satellite. <Amended by Act No. 11712,
Mar. 23, 2013>
(3) Deleted. <by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 44-2 (Establishing Foundation for Safe Radio Wave Environment)
The Minister of Science, ICT and Future Planning shall formulate the
following policies to minimize the effects of electromagnetic waves on the
human body, equipment and wireless facilities as well as to create a safe
radio wave environment: <Amended by Act No. 11712, Mar. 23, 2013>
1. Formulation and promotion of measures to prevent adverse effects
related to the use of radio waves and create a safe radio wave
environment;
2. Formulation and promotion of comprehensive protective measures
concerning the effects, etc. of electromagnetic waves on the human
body;
3. Formulation and promotion of polices on electromagnetic compatibility
to prevent any electromagnetic interference and protect equipment from
electromagnetic waves;
4. Establishment of standards and measurement or investigation related to
the specific absorption rate, the intensity of electromagnetic waves as
well as the radio wave environment;
5. Research on generic technology to alleviate the adverse effects of
electromagnetic waves, such as the technology to cover, block or
reduce electromagnetic waves;
6. Formulation and implementation of plans for education and promotion
in order to lay the foundation for a safe radio wave environment.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
CHAPTER V PRESERVATION OF RADIO
WAVE RESOURCES
Article 45 (Technical Standards)
Any wireless facilities and equipment (excluding those used only for the
purpose of receiving broadcasts) shall conform with the technical standards
prescribed and notified by the Minister of Science, ICT and Future Planning,
such as the frequency tolerance and the power of an aerial (referring to the
power supplied to the feeder of the aerial; hereinafter the same shall apply).
<Amended by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 46 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 47 (Installation of Safety Facilities)
Every wireless facility and equipment shall be installed according to the
safety standards prescribed and notified by the Minister of Science, ICT and
Future Planning so as not to harm human safety or damage goods. <Amended
by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article
47-2
(Standards,
etc.
for
Protection
of
Human
Safety
from
Electromagnetic Waves)
(1) The Minister of Science, ICT and Future Planning shall determine and
publicize the following matters by taking into account the impact of
electromagnetic waves generated from wireless facilities, equipment, etc.
on the human safety: <Amended by Act No. 10393, Jul. 23, 2010; Act No.
11451, May 23, 2012; Act No. 11712, Mar. 23, 2013>
1. Standards for protection of human safety from electromagnetic waves;
2. Standards for electromagnetic waves level;
3. Standards for measurement of the intensity of electromagnetic waves;
4. Standards for measurement of the absorption rate of electromagnetic
waves;
5. Equipment subject to the measurement of electromagnetic waves and
measurement methods;
6. Objects requiring an indication of electromagnetic waves levels and
methods of indication;
7.
Other
matters
necessary
for
protecting
human
safety
from
electromagnetic waves.
(2) The installer of a wireless station or any person who intends to
manufacture or import apparatuses for wireless facilities and equipment
shall keep the intensity of the electromagnetic waves emitted from the
wireless facilities and equipment from exceeding the standards for the
protection of human safety from the electromagnetic waves and shall
install safety facilities which prevent any person, other than authorized
persons, from gaining access to any place in which such electromagnetic
waves are in excess of such standards.
(3) The installer of a wireless station which meets standards prescribed by
Presidential Decree in terms of the power delivered to the antenna, the
place of installation, etc. shall measure the intensity of electromagnetic
waves in accordance with the standards for the protection of human safety
from electromagnetic waves and the standards for measurement of the
intensity of electromagnetic waves publicized under paragraph (1), and
report the results thereof to the Minister of Science, ICT and Future
Planning. <Amended by Act No. 11712, Mar. 23, 2013>
(4) The installer of a wireless station who is obliged to report on the
intensity of electromagnetic waves under paragraph (3) may request the
Minister of Science, ICT and Future Planning to measure the intensity of
electromagnetic waves at the time of inspection of the wireless station
under Article 24. In such cases, the installer of the wireless station shall
be deemed to have performed his/her obligation to report on the intensity
of electromagnetic waves under paragraph (3). <Amended by Act No. 10393,
Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
(5) The Minister of Science, ICT and Future Planning may measure or
investigate the intensity of electromagnetic waves of any wireless station
where it determines that there is a possibility for the intensity of
electromagnetic waves emitted from the wireless station to exceed the
standards for the protection of human safety from electromagnetic waves
publicized under paragraph (1), or that there is a necessity to confirm
whether the results of measurement reported by the installer of the
wireless station are false or not under paragraph (3). <Amended by Act No.
11712, Mar. 23, 2013>
(6) The Minister of Science, ICT and Future Planning may order necessary
measures, such as the installation of safety facilities, the restrictions on
operation, the suspension of operation, etc. where the intensity of
electromagnetic waves reported, measured, or investigated under paragraphs
(3) through (5) exceeds the standards for the protection of human safety
from electromagnetic waves. <Amended by Act No. 11712, Mar. 23, 2013>
(7) Matters necessary for the timing for and method of reporting on the
intensity of electromagnetic waves under paragraph (3), and the timing for
and
method
electromagnetic
of
making
waves
a
under
request
for
paragraph
measuring
(4)
shall
the
be
intensity
of
prescribed
by
Presidential Decree.
(8) The installer of a wireless station or any person who manufactures or
imports wireless facilities shall indicate electromagnetic waves levels
pursuant to paragraph (1) 2 and 6. <Newly Inserted by Act No. 11451, May
23, 2012>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 47-3 (Electromagnetic Compatibility, etc.)
(1) The standards for prevention of and protection from electromagnetic
interference
related
to
the
facilities
and
equipment
which
cause
electromagnetic interference or are affected by electromagnetic waves
(hereinafter referred to as "standards for electromagnetic compatibility")
shall be prescribed by Presidential Decree.
(2) Any person who intends to manufacture or import facilities and equipment
which cause electromagnetic interference or are affected by electromagnetic
waves, shall not exceed the standards for electromagnetic compatibility.
(3) When the Minister of Science, ICT and Future Planning deems that the
electromagnetic waves generated from the facilities and equipment which
cause electromagnetic interference or are affected by electromagnetic waves
are likely to exceed the standards for electromagnetic compatibility, it may
measure or investigate whether the relevant facilities and equipment meet
the standards for electromagnetic compatibility. <Amended by Act No. 11712,
Mar. 23, 2013>
(4) Article 71-2 (2) through (4) shall apply mutatis mutandis to the
procedures and methods of measurement or investigation under paragraph
(3).
(5)
When electromagnetic
waves
measured
or
investigated
pursuant to
paragraph (3) exceed the standards for electromagnetic compatibility, the
Minister
of
Science,
ICT
and
Future
Planning
may
make
a
recommendation to take measures necessary for reducing or covering the
electromagnetic waves emitted by the relevant facilities and equipment.
<Amended by Act No. 11712, Mar. 23, 2013>
(6) The Minister of Science, ICT
and Future
Planning may support
technology development for the prevention of electromagnetic interference
and protection, such as technologies to reduce or cover electromagnetic
waves. <Amended by Act No. 11712, Mar. 23, 2013>
(7) The Minister of Science, ICT and Future Planning shall promote
international cooperation on electromagnetic compatibility, etc. and for
such purpose may support projects for the international exchange of
relevant technologies and human resources, international standardization,
international joint research and development, etc. <Amended by Act No.
11712, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 48 (Efficient Utilization of Wireless Facilities and Equipment)
(1) Any installer may, if he/she deems it necessary to efficiently utilize
wireless
facilities and equipment, lease such wireless facilities and
equipment of a wireless station, entrust their operation, in whole or part,
or operate them in collaboration with another person after obtaining
approval from the Minister of Science, ICT and Future Planning, as
prescribed by Presidential Decree. <Amended by Act No. 9128, Jun. 13, 2008;
Act No. 11712, Mar. 23, 2013>
(2) and (3) Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 48-2 (Protection of Natural Environment, etc.)
(1) When the Minister of Science, ICT and Future Planning deems it
necessary for protecting the natural environment and the urban landscape,
it may order any installer to jointly use the whole or part of the wireless
facilities and equipment of wireless stations, or to install wireless facilities
and equipment in an environmentally friendly manner, such as minimizing
an
impact
on
the
natural
environment
and
harmonizing
with
the
surrounding landscape. <Amended by Act No. 11712, Mar. 23, 2013>
(2) Necessary matters concerning the subjects and requirements of orders to
jointly use wireless facilities under paragraph (1) and orders to install
wireless
facilities
in
an
environmentally
friendly
manner
shall
be
prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 49 (Monitoring of Radio Waves)
(1) The Minister of Science, ICT and Future Planning shall perform the duty
of monitoring radio waves to facilitate the efficient utilization of radio
waves and to maintain and protect order in utilizing radio waves by
swiftly removing signal interference. <Amended by Act No. 11712, Mar. 23,
2013>
(2) The duty of monitoring radio waves under paragraph (1) shall be as
follows:
1. Measurement of quality of radio waves, such as the variation and
bandwidth of frequencies used by a wireless station;
2. Detection of radio waves causing radio interference;
3. Detection of radio waves emitted by an unlicensed wireless station;
4. Detection of the orientation of the communications under Article 28 (2)
and the radio waves emitted by an unlicensed wireless station, and the
radio waves for which a request is filed for a survey in connection
with radio interference, etc.;
5. Verification of whether matters under Articles 25 and 27 through 30
are observed;
6. Other matters prescribed by Presidential Decree in order to maintain
and protect order in utilizing radio waves.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 50 (Monitoring of International Radio Waves)
(1) The Minister of Science, ICT and Future Planning shall perform the duty
of monitoring international radio waves, which includes monitoring radio
waves emitted by foreign wireless stations, and analyzing and removing
radio interference caused by such foreign wireless stations. <Amended by
Act No. 11712, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning shall install or operate
facilities and equipment necessary for performing the duty referred to in
paragraph (1). <Amended by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 51 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 52 (Protection of Wireless Direction Finding Device)
(1) Any person who intends to construct a building or a structure prescribed
by Presidential Decree that is likely to disturb radio waves in the area
where the wireless direction finding device is protected (referring to the
area within one kilometer from the location of wireless direction finding
devices installed by the Minister of Science, ICT and Future Planning)
shall obtain approval thereof from the Minister of Science, ICT and
Future Planning. <Amended by Act No. 8776, Dec. 21, 2007; Act No. 8867,
Feb. 29, 2008; Act No. 11712, Mar. 23, 2013>
(2) The place where the wireless direction finding devices are installed under
paragraph (1) shall be announced by the Minister of Science, ICT and
Future Planning: Provided, That the Korea Communications Commission
may, when it deems it necessary for the security of communications,
notify the heads of administrative agencies concerned of the relevant
location of installment and not announce such location. <Amended by Act
No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013>
Article 53 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 54 (Provisions of Data)
(1) The installer may, in cases where any dispute between installers over the
utilization of radio waves exists, request the Minister of Science, ICT and
Future Planning to provide him/her with necessary data, such as the
current utilization of radio waves in the disputed area. In such cases, the
Minister of Science, ICT and Future Planning shall comply with such
request unless any special grounds exist to the contrary. <Amended by Act
No. 11712, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning shall, where it deems
it necessary to provide the data requested under paragraph (1), dispatch
officials under its supervision to investigate or confirm necessary matters
and notify parties involved in the dispute of the results. <Amended by Act
No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 55 (Measurement, etc. of Radio Wave Environment)
(1) The Minister of Science, ICT and Future Planning shall take measures
necessary to protect the radio wave environment, such as measurement of
the radio wave environment. <Amended by Act No. 11712, Mar. 23, 2013>
(2) Necessary matters concerning the measurement of the radio wave
environment, etc. under paragraph (1) shall be prescribed and publicly
notified by the Minister of Science, ICT and Future Planning. <Amended
by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 56 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 57 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 58 (Equipment that Utilizes Radio Waves, etc. for Industrial, Scientific
and Medical Purposes)
(1) Any person who intends to operate equipment falling under any of the
following subparagraphs shall obtain permission from the Minister of
Science, ICT and Future Planning. The same shall also apply to revisions
to matters prescribed by Presidential Decree, from among permitted
matters: <Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23,
2013>
1. Facilities and equipment satisfying the criteria prescribed by Presidential
Decree, which are designed to generate radio wave energy for
industrial, scientific, medical, and housekeeping purposes or other
similar purposes in a limited place;
2. Facilities and equipment whose electric intensity, etc. satisfies the
criteria
prescribed
by
Presidential
Decree,
from
among
the
communications facilities and equipment with entire lines having a flow
of electric current of at least nine kilohertz.
(2) The Minister of Science, ICT and Future Planning shall, upon receiving
an application for permission under paragraph (1), grant permission if it
recognizes that such application is in conformity with the technical
standards under Article 45 and does not obstruct other communications.
<Amended by Act No. 11712, Mar. 23, 2013>
(3) Articles 21 (1), (3) and (4), 24, 25, 25-2, 45, and 72 shall apply mutatis
mutandis
to
any
facilities
and
equipment
that
have
been
granted
permission under paragraph (1). <Amended by Act No. 10393, Jul. 23, 2010>
(4) The Minister of Science, ICT and Future Planning may determine and
publicize the frequency band the operation of which is to be restricted, so
as to make the communications facilities and equipment with entire lines
having a flow of electric current of at least nine kilohertz, not to impede
other communications. <Amended by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER V PRESERVATION OF RADIO
WAVE RESOURCES
SECTION 1 Evaluating Suitability of Broadcasting
Communications Equipment, etc.
Article 58-2 (Evaluating Suitability of Broadcasting Communications Equipment,
etc.)
(1) Any person who intends to manufacture, sell or import broadcasting
communications equipment, and machinery which causes electromagnetic
interference or is affected by electromagnetic waves (hereinafter referred to
as "broadcasting communications equipment, etc.") shall, with regard to
the relevant equipment, obtain suitability certification under paragraph (2),
make a suitability registration under paragraphs (3) and (4), or obtain
provisional certification under paragraph (7) (hereinafter referred to as
"suitability
evaluation")
in
accordance
with
the
following
standards
(hereinafter referred to as "standards for suitability evaluation"): <Amended
by Act No. 11712, Mar. 23, 2013>
1. Technology standards under Articles 37 and 45;
2. Standards for the protection of human body from electromagnetic waves
under Article 47-2;
3. Standards for electromagnetic compatibility under Article 47-3 (1);
4. Technology standards under Article 28 of the Framework Act on
Broadcasting Communications Development;
5.
Technology
standards
under
Articles
Telecommunications Business Act;
61,
68
and
69
of
the
6. Technology standards under Article 79 of the Broadcasting Act;
7. Technology standards that the Minister of Science, ICT and Future
Planning is mandated by other Acts to set with regard to broadcasting
communications equipment, etc.
(2) Any person who intends to manufacture, sell or import equipment which
is likely to cause harm to the radio wave environment or the broadcasting
communications
networks,
electromagnetic
interference,
etc.,
or
equipment
equipment
which
which
causes
is
significant
affected
by
electromagnetic waves to the extent that it does not function normally,
shall obtain suitability certification of the relevant equipment from the
Minister of Science, ICT and Future Planning, after undergoing tests on
standards for suitability evaluation conducted by a designated testing
institution under Article 58-5. <Amended by Act No. 11712, Mar. 23, 2013>
(3) Any person who intends to manufacture, sell or import broadcasting
communications equipment, etc., which is not subject to suitability
certification
under
paragraph
(2),
shall
verify
whether
the
relevant
equipment meets the standards for suitability evaluation, after undergoing
tests on standards for suitability evaluation conducted by a designated
testing institution under Article 58-5, and register such fact with the
Minister of Science, ICT and Future Planning: Provided, That as for the
equipment specified by Presidential Decree in consideration of defect rates,
etc., he/she may conduct tests on his/her own, or undergo tests conducted
by a testing institution other than those designated under Article 58-5 to
register with the Minister of Science, ICT and Future Planning. <Amended
by Act No. 11712, Mar. 23, 2013>
(4) A person who has filed a registration under paragraph (3) (hereinafter
referred to as "suitability registration") shall display documents showing
that the relevant equipment meets the standards for suitability evaluation.
(5) When any person who has undergone suitability evaluation under
paragraphs (2) and (3) intends to revise matters related to such evaluation,
he/she shall file a report with the Minister of Science, ICT and Future
Planning. In such cases, when revisions to matters related to the standards
for suitability evaluation, among the matters he/she intends to revise, are
included, he/she shall undergo suitability evaluation under paragraphs (2)
and (3), with regard to the relevant matters. <Amended by Act No. 11712,
Mar. 23, 2013>
(6) When any person who has undergone suitability evaluation intends to sell
or lease the relevant equipment, display (including cases where the
relevant equipment is posted on the Internet; hereinafter the same shall
apply), keep or transport the relevant equipment for the purpose of selling
or leasing it, or install the relevant equipment in a wireless station or a
broadcasting communications network, he/she shall indicate the fact that
he/she has undergone suitability evaluation on the relevant equipment and
the packaging thereof.
(7)
When
standards
for
the
suitability
evaluation
of
broadcasting
communications equipment, etc. are not established or for any other reason
it is difficult to conduct suitability evaluation under paragraph (2) or (3),
and in any of the following cases, the Minister of Science, ICT and
Future Planning may allow the manufacture, import, and sale of the
relevant equipment (hereinafter referred to as "provisional certification") by
attaching conditions, such as a region or the term of validity, after
conducting suitability evaluation in accordance with the relevant domestic
or
international
standards,
specifications,
and
technology
standards:
<Amended by Act No. 11712, Mar. 23, 2013>
1. If the relevant equipment does not cause harm to the use of a
network;
for
example,
if
it
does
not
disturb
a
broadcasting
communications network;
2. If the relevant equipment does not cause harm to the radio wave usage
environment; for example, if it does not cause disturbance to radio
waves;
3. If there is no hazard in using the relevant equipment; for example, if
there is no hazard to the life or property of users.
(8) When standards for suitability evaluation of the relevant equipment are
established or there is no longer a cause not to conduct the suitability
evaluation, a person who has obtained provisional certification under
paragraph (7) shall undergo suitability evaluation under paragraph (2) or
(3) within a prescribed period.
(9) When any person who has obtained provisional certification fails to
undergo suitability evaluation within the period under paragraph (8), the
provisional certification shall be nullified.
(10) Necessary matters concerning the standards for suitability evaluation and
the subjects, methods and procedures of the suitability evaluation and
reports on revisions, other than those prescribed under paragraphs (1)
through (9), shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 58-3 (Exemption from Suitability Evaluation)
(1) Any of the following equipment prescribed by Presidential Decree may be
exempt from all or part of the suitability evaluation: <Amended by Act No.
10564, Apr. 7, 2011; Act No. 11037, Aug. 4, 2011; Act No. 11712, Mar. 23,
2013>
1. Where equipment is manufactured or imported for testing, research,
technology development or display;
2. Where equipment is not manufactured for domestic demand, but
exclusively for exports;
3. Where the Minister of Science, ICT and Future Planning grants
provisional certification under Article 58-2 (7) and a person who
requests provisional certification submits the test results of the relevant
equipment, which is conducted by a designated testing institution under
Article 58-5;
4. Where any of the following equipment undergoes suitability evaluation
concerning
electromagnetic
interference
or
protection
from
electromagnetic waves under related Acts and subordinate statutes,
which corresponds to the evaluation under this Act:
(a)
Items
certified
pursuant
to
Article
15
of
the
Industrial
Standardization Act;
(b) Safety certification under Article 3 of the Electrical Appliances
Safety Control Act, safety inspection under Article 5 of the same
Act, autonomous safety confirmation reports under Article 11 of the
same Act, or safety inspection under Article 12 of the same Act;
(c) Manufactured goods that have obtained safety certification under the
Quality Control and Safety Management of Industrial Products Act;
(d) Automobiles that have conducted self-certification under the Motor
Vehicle Management Act;
(e) Fire-fighting equipment that have obtained type approval under the
Installation,
Maintenance,
and
Safety
Control
of
Fire-Fighting
Systems Act;
(f) Medical devices that have obtained a permit or have filed a report
by item category or item under the Medical Devices Act.
(2) Matters necessary for the methods of, and procedures for exemption from
suitability evaluation shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 58-4 (Revocation, etc. of Suitability Evaluation)
(1) When any person who has undergone suitability evaluation falls under any
of the following subparagraphs, the Minister of Science, ICT and Future
Planning may revoke the suitability evaluation of the relevant equipment
or issue an order to take necessary measures, such as improving,
correcting, collecting, removing, or destroying the relevant equipment, or
ceasing
to
manufacture,
importing,
selling,
or
using
the
relevant
equipment: <Amended by Act No. 11712, Mar. 23, 2013>
1. Where the relevant broadcasting communications equipment, etc. falls
short of the standards for suitability evaluation;
2. Where he/she fails to indicate suitability evaluation or indicate
suitability evaluation in a fraudulent manner;
3. Where he/she fails to file a report on revised matters concerning
suitability evaluation;
4. Where he/she fails to display related documents, in violation of Article
58-2 (4).
(2) When any person who has undergone suitability evaluation falls under any
of the following subparagraphs, the Minister of Science, ICT and Future
Planning shall revoke the suitability evaluation of the relevant equipment,
as prescribed by Presidential Decree: <Amended by Act No. 11712, Mar. 23,
2013>
1. When he/she undergoes suitability evaluation by fraud or other
wrongful means;
2. When he/she fails to comply with an order to take necessary measures,
such as an improvement order under paragraph (1).
(3) No person, for whom measures to revoke suitability evaluation are taken,
may undergo the suitability evaluation of the relevant equipment within a
period prescribed by Presidential Decree, not exceeding one year after
such evaluation is revoked.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 58-5 (Designation, etc. of Testing Institutions)
(1) The Minister of Science, ICT and Future Planning may designate
corporations satisfying the following requirements as institutions which
conduct suitability evaluation tests: <Amended by Act No. 11712, Mar. 23,
2013>
1. To have facilities and human resources necessary for suitability
evaluation tests;
2. To have quality control regulations in line with the international
standards;
3. To meet other requirements deemed necessary for securing the
objectivity and fairness of tests by the Minister of Science, ICT and
Future Planning.
(2) When any testing institution designated under paragraph (1) (hereinafter
referred to as "designated testing institution") intends to revise designated
matters by halting the designated testing affairs for a certain period of
time or repealing part of the designated testing affairs, or to repeal all of
the designated testing affairs, they shall apply for revisions to the
designated matters or the repeal of the designated testing affairs to the
Minister of Science, ICT and Future Planning. <Amended by Act No. 11712,
Mar. 23, 2013>
(3) When any person, other than a designated testing institution, intends to
succeed to the status as a designated testing institution by acquiring or
merging with a designated testing institution, he/she shall obtain approval
from the Minister of Science, ICT and Future Planning in advance.
<Amended by Act No. 11712, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning may order a
specialized examination institution prescribed by Presidential Decree to
examine requirements for the designation of testing institutions. <Amended
by Act No. 11712, Mar. 23, 2013>
(5) Necessary matters concerning the procedures and methods of examination
and designation (including revision, repeal and approval) of testing
institutions under paragraphs (1) through (4) shall be prescribed by
Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 58-6 (Inspection, etc. of Designated Testing Institutions)
(1) To inspect whether a designated testing institution is performing its duties
as required, the Minister of Science, ICT and Future Planning may
request the institution to submit relevant data, as prescribed by Presidential
Decree, or order public officials under its jurisdiction to inspect relevant
offices or business places of the institution, or other places as needed.
<Amended by Act No. 11712, Mar. 23, 2013>
(2) When the Korea Communications Commission inspects any designated
testing institution under paragraph (1), the provisions of Article 71-2 (3)
and (4) shall apply mutatis mutandis to the prior notification of inspection
plans, the presentation of certificates, etc.
(3)
Necessary matters
concerning the
procedures
and
methods
of
the
inspection
of
designated
testing
institutions
shall
be
prescribed
by
Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 58-7 (Revoking Designation, etc. of Testing Institutions)
(1) When any designated testing institution fails to observe matters prescribed
by Presidential Decree, such as testing procedures and the management of
measurement facilities, the Minister of Science, ICT and Future Planning
may order such institution to take corrective measures. <Amended by Act
No. 11712, Mar. 23, 2013>
(2) When any designated testing institution falls under any of the following
subparagraphs, the Minister of Science, ICT and Future Planning may
order such institution to suspend the whole or part of its duties for not
more than one year, as prescribed by Presidential Decree: <Amended by Act
No. 11712, Mar. 23, 2013>
1. When it carries out testing affairs inaccurately by intention or gross
negligence;
2. When it refuses, obstructs or evades requests for the submission of
data or inspection, etc. under Article 58-6 (1) without justifiable
grounds;
3. When it is no longer qualified for designation under Article 58-5 (1);
4. When it fails to carry out testing affairs without justifiable grounds;
5. When it fails to comply with corrective orders under paragraph (1).
(3) When any designated testing institution falls under any of the following
subparagraphs, the Minister of Science, ICT and Future Planning shall
revoke the designation thereof: <Amended by Act No. 11712, Mar. 23, 2013>
1. When it is designated by fraud or other wrongful means;
2. When it carries out testing affairs during the period during which it is
ordered to suspend business;
3. When a designated testing institution, which has already received two
or more orders to suspend business for violating paragraph (2), once
again
violates
the
same
paragraph
and
becomes
liable
for
the
suspension.
(4) Necessary matters concerning corrective orders under paragraphs (1)
through (3) and administrative disposition etc. shall be prescribed by
Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
SECTION 2 International Cooperation and Follow-Up
Management of Broadcasting Communications
Equipment, etc.
Article 58-8 (Mutual Recognition of Suitability Evaluation Between Countries)
(1) The Minister of Science, ICT and Future Planning may conclude an
agreement with foreign governments (hereinafter referred to as "mutual
recognition agreement"), so as to mutually recognize the outcomes of
suitability evaluation of broadcasting communications equipment, etc.
<Amended by Act No. 11712, Mar. 23, 2013>
(2) Necessary matters concerning the procedures and details of mutual
recognition agreements shall be prescribed by Presidential Decree.
(3) In cases where the Minister of Science, ICT and Future Planning has
concluded a mutual recognition agreement, it shall publicize the details of
the agreement to the public. <Amended by Act No. 11712, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 58-9 (Establishment of International Suitability Evaluation System)
(1) The Minister of Science, ICT and Future Planning shall endeavor to make
sure that the suitability evaluation system under this Act meets the
international standards. <Amended by Act No. 11712, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning may determine detailed
matters for the establishment of the suitability evaluation system under
paragraph (1) and announce them to the public. <Amended by Act No.
11712, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 58-10 (Prohibition against Replication, Remodelling, Alteration, etc.)
(1) No one shall replicate equipment which has undergone suitability
evaluation, or remodel or alter such equipment to the point where it
obstructs other persons' ordinary use of equipment or disturbs the order of
radio wave usage.
(2) No one shall sell or lease replicated, remodelled or altered equipment,
display, keep or transport such equipment for the purpose of selling or
leasing it, or install such equipment in a wireless station or broadcasting
communications network, in violation of paragraph (1).
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 58-11 (Report on Unsuitability, etc.)
When any one who has undergone suitability evaluation under Article 58-2
finds out that the relevant equipment has significant defects or fails to meet
the standards for suitability evaluation, he/she shall report such fact to the
Minister of Science, ICT and Future Planning without delay, and take
necessary measures, such as correcting or collecting the relevant equipment on
his/her own. <Amended by Act No. 11712, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
CHAPTER VI PROMOTION OF RADIO
WAVES
Article 59 Deleted. <by Act No. 9128, Jun. 13, 2008>
Article 59-2 Deleted. <by Act No. 9482, Mar. 13, 2009>
Article 60 (Disclosure of Current Status of Utilization of Frequencies)
(1) The Minister of Science, ICT and Future Planning shall, where deemed
necessary to facilitate the utilization of radio waves, announce the current
status of the utilization of frequencies. <Amended by Act No. 11712, Mar. 23,
2013>
(2) Necessary matters concerning scope, procedures, timing, etc. with respect
to the publication referred to in paragraph (1) shall be prescribed by
Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 61 (Research on Radio Waves)
(1) The Minister of Science, ICT and Future Planning shall conduct various
research necessary to facilitate and protect the utilization of radio waves.
<Amended by Act No. 11712, Mar. 23, 2013>
(2) The researches conducted under paragraph (1) shall be as follows:
1. Research on technical standards;
2. Research on the analysis of the propagation of radio waves and the
technique of allocating frequencies;
3. Research on standards for rectifying radio interference of satellite
networks;
4. Research on electromagnetic disturbances and harm caused by radio
waves on the human safety;
5. Research on the measurement of the absorption rate of electromagnetic
waves;
6. Research on the measuring method and technology for radio wave
apparatus;
7. Research on the technology for receiving space radio waves and
analysis of the received data;
8. Observation of geomagnetism and ionosphere;
9. Observation of solar spots;
10. Analysis of the results of the observations under subparagraphs 8 and
9, and forecasts and warnings.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 62 (Facilitation of Technology Development)
The Minister of Science, ICT and Future Planning shall take measures falling
under
each
of
the
following
subparagraphs
to
facilitate
the
research,
development and utilization of technologies to build infrastructure for the
radio wave industry and the broadcasting equipment industry: <Amended by Act
No. 11712, Mar. 23, 2013>
1.
Survey
of
technological
levels,
research
and
development,
and
evaluation and utilization of developed technologies;
2. Cooperation, guidance and transfer of technologies;
3. Smooth distribution of technical information;
4. Joint research and development by industrial, academic and research
circles;
5. Other matters necessary for developing technologies.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 63 (Standardization)
(1) The Minister of Science, ICT and Future Planning shall promote measures
falling under the following subparagraphs regarding the standardization of
radio waves utilization technology in order to facilitate the efficient
utilization of radio waves, maintain order in utilizing radio waves, protect
utilizers, etc.: Provided, That matters for which the Korean Industrial
Standards under Article 12 of the Industrial Standardization Act prescribe
shall be governed by such Standards: <Amended by Act No. 11712, Mar. 23,
2013>
1. Setting and propagation of standards for radio waves;
2. Certification of conformity with the standards for radio waves;
3. Other matters necessary for standardization.
(2) Necessary matters concerning the promotion of the standardization of
technologies utilizing radio waves under paragraph (1) shall be prescribed
by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 64 (Training of Manpower)
The Minister of Science, ICT and Future Planning shall formulate and
implement policy measures falling under each of the following subparagraphs
in order to train manpower specializing in radio waves: <Amended by Act No.
11712, Mar. 23, 2013>
1. Support for radio wave education conducted at schools of various levels
and another educational institutions;
2. Support for projects designed to train manpower specializing in radio
wave and broadcasting technologies;
3. Development and propagation of and support for educational programs
on radio waves;
4. Other matters necessary for training manpower specializing in radio
waves.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 65 (Facilitation of International Cooperation)
The Minister of Science, ICT and Future Planning may support international
cooperation projects designed for international personnel and technological
exchanges, international standardization and international joint research and
development, etc. to upgrade radio-wave utilization technologies. <Amended by
Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 66 (Korea Communications Agency)
(1) There is established the Korea Communications Agency (hereinafter
referred to as the "Agency") to efficiently manage and promote radio
waves,
carry
out
business
affairs
to
promote
broadcasting,
telecommunications and radio waves, and perform tasks entrusted by the
Government. <Amended by Act No. 10393, Jul. 23, 2010>
(2) The Agency shall be a corporation.
(3) The Agency shall be constituted by making an establishment registration
at the location of its main office.
(4) The Agency shall perform the following duties: <Amended by Act No.
10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>:
1. Research on the promotion of radio wave utilization;
2. Collection, investigation and analysis of information on domestic and
overseas technology related to broadcasting, telecommunications and
radio waves;
3. Support to research and education on broadcasting, telecommunications
and radio waves;
4. Business incidental to subparagraphs 1 through 3;
5. Business to be performed by or entrusted to the Agency in this Act or
other Acts or subordinate statutes, or business entrusted by the Minister
of Science, ICT and Future Planning.
(5) Matters necessary for the business, operation, etc. of the Agency shall be
prescribed by Presidential Decree.
(6) Except as provided for in this Act, the provisions concerning incorporated
foundations of the Civil Act shall apply mutatis mutandis with regard to
the Agency.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 66-2 (Korea Radio Promotion Association)
(1) The Korea Radio Promotion Association (hereinafter referred to as the
"Association") may be established in order to efficiently perform the
following:
1. To promote commercialization and dissemination of new technologies
for radio wave utilization;
2. To efficiently perform business concerning the efficient utilization of
radio wave resources, and business concerning the creation of a basis
for the development of the radio wave industry;
3. Business concerning the standardization of radio wave utilization
technology.
(2) The Association shall be a juristic person.
(3)
A
telecommunications
business
operator,
installer,
manufacturer
of
equipment, systems, or parts relating to radio waves, and other persons
provided for by the articles of Association may become a member of the
Association. <Amended by Act No. 10393, Jul. 23, 2010>
(4) Matters necessary for the business, operation, etc. of the Association shall
be prescribed by Presidential Decree.
(5) Except as provided for in this Act, the provisions concerning incorporated
associations of the Civil Act shall apply mutatis mutandis with regard to
the Association.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 66-3 (Operating Expenses, etc. of Promotion Agency)
(1) Any expenses incurred in operating the Promotion Agency shall be used
by the financial resources in the following subparagraphs: <Amended by Act
No. 11712, Mar. 23, 2013>
1. Fees for perusal of the ledger managing rights to utilize frequencies or
for a copy of the ledger under Article 69 (1) 1;
2. Fees for inspection under Article 69 (1) 3 (limited to inspection
business entrusted by the Minister of Science, ICT and Future Planning
to the Promotion Agency);
3. Fees for measurement of the intensity of electromagnetic waves under
Article 69 (1) 5;
4. Fees for application for the technical qualification examination and fees
for issuance of certificates of technical qualification under Article 69
(1)
6
(excluding
Development
matters
Service
of
entrusted
Korea
to
under
the
the
Human
Resources
National
Technical
Qualifications Act);
5. Revenue according to the performance of work under Article 66 (4) 1
through 4.
(2) The government may subsidize any expenses incurred in performing the
business of the Promotion Agency within the scope of the budget.
[This Article Newly Inserted by Act No. 9128, Jun. 13, 2008]
Article 67 (Radio Wave Fees)
(1) The Korea Communications Commission may impose and collect fees
from an installer (excluding the person who has established a wireless
station for exclusive use for reception) for radio waves used by his/her
wireless station (hereinafter referred to as "radio wave fees"): Provided,
That the radio wave fees shall be exempted in whole for the installer of
a wireless station falling under any of subparagraphs 1 through 3, and
may be reduced or exempted, in whole or in part, for the installer of a
wireless station falling under any of subparagraphs 4 through 7, as
prescribed by Presidential Decree: <Amended by Act No. 10393, Jul. 23, 2010;
Act No. 11712, Mar. 23, 2013>
1. Any wireless station established by the State or a local government;
2. Any broadcasting station which does not pursue profit-making as its
purpose, and any broadcasting station of the ground broadcasting
business operator that pays contributions under Article 25 (2) of the
Framework Act on Broadcasting Communications Development;
3. Any wireless station under Article 19 (2);
4. Any broadcasting station of the satellite broadcasting business operator
and CATV broadcasting business operator that pays contributions under
Article 25 (3) of the Framework Act on Broadcasting Communications
Development;
5. Any wireless station providing telecommunication services by utilizing
the frequencies allocated under Article 11;
6. Any wireless station prescribed by Presidential Decree, among the
wireless stations established not to pursue profit-making or to promote
public welfare;
7. Any wireless station satisfying the standards publicized by the Minister
of Science, ICT and Future Planning, among the wireless stations
established in regions declared to be special disaster areas under
Article 60 (1) of the Framework Act on the Management of Disasters
and Safety.
(2) Radio wave fees shall be used for covering expenses incurred in
managing radio waves and promoting the fields relating to radio waves.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 68 (Standards, etc. for Imposing Radio Wave Fees)
(1) Radio wave fees imposed on any installer shall be computed based on the
frequency band, the range of radio waves and the power of aerial lines,
etc. used by the wireless station concerned, as prescribed by Presidential
Decree: Provided, That in cases where the relevant installer is a key
telecommunications business operator who provides the telecommunication
services to subscribers by utilizing the frequencies allocated under Article
10, it may be computed based on the number of subscribers provided
with relevant telecommunication services.
(2) The Minister of Science, ICT and Future Planning or the Korea
Communications Commission shall, when any person liable for payment of
radio wave fees fails to make such payment by the payment deadline,
collect the amount equivalent to the percentage prescribed by Presidential
Decree within the limit of not exceeding 5/100 of radio wave fees in
arrears as additional dues. <Amended by Act No. 11712, Mar. 23, 2013>
(3) In cases where the radio wave fees and the additional dues referred to in
paragraph (2) are in arrears, such radio wave fees and additional dues
shall be collected by referring to the practices of dispositions on default
of national taxes.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 69 (Fees)
(1) A person falling under any of the following subparagraphs shall pay fees,
as prescribed by Presidential Decree: <Amended by Act No. 10393, Jul. 23,
2010>
1. A person who applies for a perusal of the management ledger for
rights to utilize frequencies or for a copy of the ledger under Article
18;
2. A person who applies for permission, renewed permission or permission
for modification under Article 19 (including cases applied mutatis
mutandis under Article 58 (3)) or Article 22 (1);
3. A person who undergoes inspection under Article 24 (including cases
applied mutatis mutandis under Article 58 (3)) or Article 58-6 (1);
4. Deleted. <by Act No. 10393, Jul. 23, 2010>
5. A person who requests measurement of the intensity of electromagnetic
waves under Article 47-2 (4);
5-2. A person who applies for suitability certification or suitability
registration (including reports on revised matters) under Article 58-2 or
applies for provisional certification;
5-3. A person who files an application to be designated as a testing
institution under Article 58-5 (1) or applies for revisions under Article
58-5 (2) (limited to applications for revisions following the addition of
designated areas or testing items);
6. A person who
intends to apply for the technical qualification
examination and who is granted a certificate of technical qualification
under Article 70.
(2) The fees referred to in paragraph (1) may, in cases where it is deemed
necessary for promoting public welfare, be reduced or exempted, as
prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER VII PERSONS ENGAGED IN
WIRELESS WORK
Article 70 (Qualifications of Persons Engaged in Wireless Work)
(1) Any person who intends to engage in wireless work shall pass the
technical
qualification
test
conducted,
as
prescribed
by
Acts
and
subordinate statutes governing the national technical qualifications or
Presidential Decree.
(2) The Minister of Science, ICT and Future Planning shall issue a certificate
of technical qualification to any person who has passed the technical
qualification test under paragraph (1), as prescribed by Presidential Decree.
<Amended by Act No. 11712, Mar. 23, 2013>
(3) Qualification items for persons engaged in wireless work and the scope of
engagement in wireless work by item of qualification shall be prescribed
by Presidential Decree.
(4) The wireless facilities and equipment of a wireless station shall be
installed and constructed only by persons engaged in wireless work:
Provided, That the same shall not apply to cases where persons engaged
in wireless work are not available for any navigating ship or aircraft and
other cases prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 71 (Posting of Persons Engaged in Wireless Work)
The installer shall post the persons engaged in wireless work at his/her
wireless station according to standards for qualification and posting of a fixed
number of persons engaged in wireless work prescribed by Presidential
Decree: Provided, That no person falling under any of the following
subparagraphs shall be posted at any wireless station:
1. An incompetent person or a quasi-incompetent person;
2. Any person sentenced to imprisonment without prison labor or a
heavier punishment for committing a crime of insurrection and foreign
aggression under the Criminal Act, a crime of serving the interest of
the enemy under the Military Criminal Act, or a crime of violating the
National Security Act and for whom five years have not passed from
the date on which the execution of such sentence terminated or the
exemption of such execution was confirmed.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 71-2 (Investigation and Measures)
(1) The Minister of Science, ICT and Future Planning may order its public
officials to conduct an investigation or test, in the following cases:
<Amended by Act No. 11712, Mar. 23, 2013>
1. When there exists interference or electromagnetic disturbance caused by
wireless facilities, high voltage lines or other electronic facilities, or
when it becomes known that electromagnetic waves emitted by wireless
facilities, etc. exceed the standards for protection of the human body
from electromagnetic waves under Article 47-2 (1);
2. When it is necessary to check whether equipment that has undergone
suitability evaluation is manufactured, imported, or sold in accordance
with the standards for suitability evaluation;
3. When it is deemed that a person has violated the provisions of Articles
19, 19-2, 24, 25, 29, 45, 52, 58, 58-2 or 58-10.
(2) The Minister of Science, ICT and Future Planning may request the
submission
of
related
data
or
equipment,
when
necessary
for
an
investigation or test under paragraph (1), or may order its public officials
to investigate or test facilities in places where the relevant wireless
facilities or equipment is located, offices of relevant institutions or
business places, or any other place as necessary. <Amended by Act No.
11712, Mar. 23, 2013>
(3) When public officials enter places where wireless facilities or equipment
is located, offices of relevant institutions, business places or other
necessary places under paragraph (2), the Minister of Science, ICT and
Future Planning shall notify the installers of the relevant wireless stations
or the heads of the institutions of investigation plans stating the purposes,
methods and period of investigations, at least seven days before such
investigation is conducted: Provided, That the same shall not apply if the
case is urgent or it is deemed that the advance notification might hinder
the investigation, for example, by resulting in the destruction of evidence.
<Amended by Act No. 11712, Mar. 23, 2013>
(4) Public officials who conduct an investigation or test under paragraph (1)
shall carry a certificate that proves their authority and produce it to
related persons.
(5) When violations are confirmed as a result of an investigation or test
under paragraph (1), the Minister of Science, ICT and Future Planning
may order the relevant installer, persons who manufacture, import, sell or
lease the relevant equipment, persons who display, keep or transport the
relevant equipment for the purpose of selling or leasing it, or persons
who install the relevant equipment in wireless stations or broadcasting
communications networks, to improve, correct, collect, remove or destroy
the relevant equipment or stop manufacturing, importing, selling or using
the relevant equipment and take other necessary measures, or request the
heads of relevant central administrative agencies to issue necessary orders.
<Amended by Act No. 11712, Mar. 23, 2013>
(6) Necessary matters concerning the procedures and methods of investigations
and tests under paragraphs (1) through (5) shall be prescribed by
Presidential Decree.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
CHAPTER VIII SUPPLEMENTARY
PROVISIONS
Article 72 (Revocation, etc. of Permission for Establishing Wireless Station)
(1) In cases where an installer who becomes disqualified under Article 20 (1)
1 through 3 or an installer who has been allocated frequencies under
Article 10 is subject to the revocation of allocation of frequencies under
Article 15-2, or fails to be reallocated frequencies under Article 16 (1),
the permission granted for establishing the relevant wireless station or the
report on establishment shall lose the validity. <Amended by Act No. 9128,
Jun. 13, 2008>
(2) The Minister of Science, ICT and Future Planning or the Korea
Communications Commission may, when an installer falls under any of
the following subparagraphs, revoke the permission to establish the
relevant wireless station, or order the close-down of the wireless station
whose establishment has been filed or the suspension of operation thereof
or the restriction on the permitted operational hours, frequencies or the
power delivered to the antenna of the wireless station for a fixed period
not exceeding six months: Provided, That in the case of subparagraph 1
or 2, the Minister of Science, ICT and Future Planning or the Korea
Communications Commission shall order the revocation or close-down of
the wireless station: <Amended by Act No. 8776, Dec. 21, 2007; Act No. 8867,
Feb. 29, 2008; Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act
No. 11712, Mar. 23, 2013>
1. Where the installer falls under any subparagraph of Article 20 (1);
2. Where the installer obtains permission to establish a wireless station
under Article 21 or permission for change falsely or in other unlawful
manner;
3. Where the installer fails to complete the work of establishing the
wireless station by the lapse of 30 days from the date on which the
deadline for completing the construction (referring to the extended
deadline if extended under Article 24 (2)) entered in the certificate of
permission for a wireless station under Article 21 (4) or the certificate
of report on a wireless station under Article 22-2 (2);
4. Where the installer operates the wireless station without obtaining
authorization under Article 23 (2) or filing a report under Article 23
(3);
4-2. When the installer operates the wireless station under Article 19-2 (1)
3 without filing a completion report under Article 24 (1) or operates
the wireless station without undergoing reinspection, in violation of
Article 25 (3);
4-3. When the installer fails to apply for reinspection within the deadline
referred to in the proviso to Article 24 (3) or the proviso to Article
25 (3) (number of days delayed due to the situation of inspection
institutions shall be excluded in calculating the period of inspection) or
fails to pass reinspection after applying for reinspection.
5. Where the installer rejects or obstructs an inspection under Article 24
(4) and (5) (including cases applied mutatis mutandis under Article 58
(3));
6. Where the installer operates the wireless station without undergoing a
completion inspection in contravention of Article 25 (1);
6-2. Deleted. <by Act No. 10393, Jul. 23, 2010>;
7. Where the installer has continuously suspended the operation of the
wireless station for not less than six months without justifiable
grounds;
8. Where the installer fails to pay radio wave fees;
9. Where the installer operates the wireless station beyond the scope of
the matters permitted or reported, in violation of Article 25 (2);
10. Where the installer fails to satisfy the conditions of a mandatory ship
wireless station and an aircraft wireless station, such as frequencies to
be used and the type of frequencies, in violation of Article 28 (1);
11. Where the installer fails to observe matters on the security of
communications, in violation of Article 30 (1);
12. Where the installer communicates with an experimental wireless station
of a foreign country, in violation of Article 31 (1);
13. Where any experimental wireless station and amateur wireless station
communicate by using secret codes, in violation of Article 31 (2);
14. Where technical standards for any wireless facilities and equipment are
not appropriate, in violation of Article 45;
15. Where any wireless facilities and equipment fail to be installed
according to the safety standards, in violation of Article 47;
16. Where the installer leases, entrusts for operation of, or uses jointly
with other persons, any wireless facilities and equipment without
obtaining approval, in violation of Article 48 (1);
17. Where the installer fails to pay fees, in violation of Article 69 (1);
18. Where any person engaged in wireless work operates or constructs
wireless facilities and equipment beyond the scope of engagement in
wireless work, in violation of Article 70 (3);
19. Where any person, other than a person engaged in wireless work,
operates or constructs wireless facilities and equipment, in violation of
Article 70 (4);
20. Where the installer fails to place a person engaged in wireless work
at the wireless station, in violation of Article 71, or place a person
under any subparagraph of Article 71 at the wireless station.
(3) The Minister of Science, ICT and Future Planning or the Korea
Communications Commission may, in any of the following cases, revoke
permission to establish a wireless station, or order the close-down of a
wireless station whose establishment has been filed or restriction on any
change or operation thereof or suspension of the operation thereof:
<Amended by Act No. 9128, Jun. 13, 2008; Act No. 11712, Mar. 23, 2013>
1. Where a contingency situation is declared;
2. Where it is necessary to prevent signal interference;
3. Where withdrawal or reallocation of frequencies has been made under
Article 6-2.
(4) The Minister of Science, ICT and Future Planning or the Korea
Communications Commission shall notify the installer in writing of a loss
of validity in the case of paragraph (1) and of the details of a disposition
and the grounds thereof in the case of a disposition taken under
paragraph (2) or (3). <Amended by Act No. 9128, Jun. 13, 2008; Act No.
11712, Mar. 23, 2013>
(5) Detailed standards for the revocation of permission to establish a wireless
station or order to close a wireless station whose establishment has been
filed under paragraphs (2) and (3) and other necessary matters shall be
prescribed by Presidential Decree. <Newly Inserted by Act No. 9128, Jun. 13,
2008>
Article 73 (Imposition and Collection of Penalty Surcharges)
(1) The Minister of Science, ICT and Future Planning or the Korea
Communications Commission may, in cases where it must issue an order
to suspend operation of a wireless station or limit the use of frequencies,
etc. in accordance with Article 72 (2) and such suspension or limit is
likely to cause severe inconveniences to the users of such wireless station
or harm the public interest, impose and collect a penalty surcharge not
exceeding 30 million won in lieu of such suspension or limit. <Amended
by Act No. 11712, Mar. 23, 2013>
(2) The categories of violation subject to the imposition of a penalty
surcharge in accordance with paragraph (1), the amount of a penalty
surcharge determined according to the extent of violation and other
necessary matters shall be prescribed by Presidential Decree.
(3) The Minister of Science, ICT and Future Planning or the Korea
Communications Commission shall, when a person liable to pay a penalty
surcharge under paragraph (1) fails to pay such penalty surcharge, urge
him/her to make the payment by a given period, and, if he/she fails to
pay the penalty surcharge within the given period, collect it by referring
to the practices of dispositions on default of national taxes. <Amended by
Act No. 11712, Mar. 23, 2013>
(4) Article 72 (4) shall apply mutatis mutandis to the imposition and
collection of penalty surcharges under paragraph (1).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 74 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 75 Deleted. <by Act No. 10393, Jul. 23, 2010>
Article 76 (Revocation, etc. of Technical Qualification for Persons Engaged in
Wireless Work)
(1) The Minister of Science, ICT and Future Planning may, when any person
engaged in wireless work falls under any of the following subparagraphs,
revoke his/her technical qualification or order him/her not to engage in
wireless work for a prescribed period between six months and two years,
as prescribed by Presidential Decree: Provided, That in cases under
subparagraph 1, the technical qualification shall be revoked: <Amended by
Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
1. Where he/she obtains his/her technical qualification for wireless work in
any false or other unlawful manner;
2. Where he/she operates a wireless
station without undergoing a
completion inspection, in violation of Article 25 (1);
3. Where he/she operates a wireless station beyond the scope of the
matters permitted or reported, in violation of Article 25 (2);
4. Where he/she operates a wireless station without observing the matters
relating to the wireless station's calling method, responding method, the
hours of operation, the obligation to listen and other communications
methods as prescribed and notified by the Minister of Science, ICT
and Future Planning in violation of Article 27;
5. Where he/she fails to take necessary measures after receiving any
distress signal, emergency communications or safety communications, in
violation of Article 28 (2);
6. Where he/she fails to give notice to a costal wireless station when any
ship wireless station moves into or out of the communications range of
the coastal wireless station, in violation of Article 28 (3);
7. Where any aircraft wireless station fails to communicate with the an
aviation wireless station, in violation of Article 28 (4);
8. Where he/she fails to observe the matters relating to the security of
communications, in violation of Article 30 (1) or fails to receive
education on the security of communications, in violation of paragraph
(2) of the same Article;
9. Where any experimental wireless station and amateur wireless station
communicate by using secret codes, in violation of Article 31 (2);
10. Where any person engaged in wireless work operates or constructs
wireless facilities and equipment beyond the scope of engagement in
wireless work, in violation of Article 70 (3).
(2) Detailed standards for the revocation of technical qualifications of persons
engaged in wireless work under paragraph (1) and other necessary matters
shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 77 (Hearings)
The
Minister
of
Science,
ICT
and
Future
Planning
or
the
Korea
Communications Commission shall, if it intends to take a disposition falling
under any of the following subparagraphs, hold a hearing: <Amended by Act
No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
1. The withdrawal of frequencies or the reallocation of frequencies under
Article 6-2;
2. The revocation of the allocation of frequencies under Article 15-2;
2-2. The revocation of suitability evaluation under Article 58-4;
2-3. The revocation of designation of testing institutions under Article
58-7;
3. The revocation of permission to establish a wireless station or
close-down of a wireless station whose establishment has been filed
under Article 72 (2);
4. and 5. Deleted. <by Act No. 10393, Jul. 23, 2010>;
6. The revocation of a technical qualification under Article 76.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 78 (Delegation and Entrustment of Authority)
(1) The Minister of Science, ICT and Future Planning may delegate parts of
his/her authority under this Act to the heads of institutions affiliated with
the Ministry of Science, ICT and Future Planning, as prescribed by
Presidential Decree. <Amended by Act No. 10393, Jul. 23, 2010; Act No.
11712, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning may entrust part of
his/her duties under Articles 7, 7-2, 18, 24 (1), (4) and (5) (including
cases applied mutatis mutandis under Article 58), 25-2 (1) (including cases
applied mutatis mutandis under Article 58), 32 (1) (including cases applied
mutatis mutandis under Article 58), 47-2 (4) and (5), 58-2, 63 through
65, 69, and 70 (1) and (2) to the Agency, the Association, or key
telecommunications
business
operators
prescribed
in
the
Telecommunications Business Act, as prescribed by Presidential Decree.
<Amended by Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
(3) The Korea Communications Commission may entrust parts of its authority
under this Act to the heads of institutions affiliated with the Ministry of
Science, ICT and Future Planning, Agency, or Association, as prescribed
by Presidential Decree. <Newly Inserted by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 79 (Mutatis Mutandis Application of Other Acts)
(1) Deleted. <by Act No. 7815, Jul. 23, 2010>
(2) Articles 45, 72 through 74, 76 through 78, 80, subparagraph 6 of Article
95 and Article 104 (1) 1 and 2 of the Telecommunications Business Act
shall apply mutatis mutandis to the construction or repair of the antennas
and facilities attached thereto, which are used for managing radio waves:
Provided, That when it is intended to construct or repair them on a road
under the Road Act, on a river under the River Act, or on a designated
harbor under the Harbor Act, prior consultations shall be made with the
competent management agency. <Amended by Act No. 9773, Jun. 9, 2009; Act
No. 10166, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
CHAPTER IX PENAL PROVISIONS
Article 80 (Penal Provisions)
(1) Any person who sends communications by making use of wireless
facilities and equipment or communications facilities and equipment with
entire lines having a flow of electric current of at least nine kilohertz
(referring to communications facilities and equipment excluding cable
carrier facilities and equipment and balanced 2-line system spiral carrier
facilities and equipment), which advocate destruction of the Constitution of
the Republic of Korea or State institutions established by the Constitution
of the Republic of Korea by violence, shall be punished by imprisonment
or imprisonment without prison labor for a limited term of not less than
three years.
(2) Any criminal attempt under paragraph (1) shall be punished.
(3) Any person who prepares or conspires to commit a crime under paragraph
(1) shall be punished by imprisonment or imprisonment without prison
labor for a limited term of not less than two years.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 81 (Penal Provisions)
(1) Any person falling under any of the following subparagraphs shall be
punished by imprisonment for a limited term of not less than one year:
1. The captain of a ship or aircraft, who fails to issue a necessary order
in a situation requiring sending of distress and emergency signals or
safety signals, and any person engaged in wireless work, who receives
an order to send such signals but fails to do so without delay;
2. A person engaged in wireless work fails to take measures to send
distress signals under Article 28 (2) or delays sending such signals;
3. A person who obstructs measures taken to send distress signals.
(2) Any criminal attempt under paragraph (1) 2 and 3 shall be punished.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 82 (Penal Provisions)
(1) Any person who damages wireless facilities and equipment of a wireless
station, which are provided for services falling under the following
subparagraphs
or
obstructs
wireless
communications
by
causing
impediments to functions of wireless facilities and equipment by means of
touching them or other means shall be punished by imprisonment for not
more than ten years or by a fine not exceeding 50 million won:
1. Telecommunications services;
2. Broadcasting services;
3. Public safety services;
4. Meteorological services;
5. Power supply services;
6. Operational services of rails, ships and aircraft.
(2) Any person who commits any act falling under paragraph (1) to wireless
facilities and equipment, other than those of paragraph (1) shall be
punished by imprisonment for not more than five years or by a fine not
exceeding 30 million won.
(3) Any criminal attempt paragraphs (1) and (2) shall be punished.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 83 (Penal Provisions)
(1) Any person who sends false communications by making use of wireless
facilities and equipment or communications facilities and equipment with
entire lines having a flow of electric current of at least nine kilohertz
(referring to communications facilities and equipment excluding the cable
carrier facilities and equipment and balanced 2-line system spiral carrier
facilities and equipment) for personal benefit or benefit of others or
inflicting damages to any other person shall be punished by imprisonment
for not more than three years or by a fine not exceeding 20 million won.
(2) Any person who sends distress signals by means of wireless facilities and
equipment despite the non-existence of any ship or aircraft in distress
shall be punished by imprisonment for not more than five years.
(3) Any person engaged in wireless work shall, when he/she commits an act
falling under paragraph (1), be punished by imprisonment for not more
than five years or by a fine not exceeding 20 million won, and any
person commits the act falling under paragraph (2), he/she shall be
punished by imprisonment for a limited term of not less than one year.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 84 (Penal Provisions)
Any 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 20 million won: <Amended by Act No. 10393, Jul. 23, 2010>
1. A person who establishes or operates a wireless station under Article
19 (1) 3 or 4 without obtaining permission under Article 19 (1) or
filing a report under Article 19-2 (1);
2. and 3. Deleted. <by Act No. 10393, Jul. 23, 2010>;
4. A person who installs or operates communications facilities and
equipment under Article 58 (1) 2 without obtaining permission under
the same paragraph;
5. A person who sells equipment which has not undergone suitability
evaluation under
Article
58-2,
or
manufactures
or imports such
equipment for the purpose of selling it;
6. A person who replicates, remodels or alters equipment which has
undergone suitability evaluation, in violation of Article 58-10 (1).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 85 (Penal Provisions)
Any person who sends obscene communications by means of wireless
facilities and equipment or the communications facilities and equipment with
entire lines having a flow of electric current of at least nine kilohertz
(referring to the communications facilities and equipment excluding cable
carrier facilities and equipment and balanced 2-line system spiral carrier
facilities and equipment) shall be punished by imprisonment for not more than
two years or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 86 (Penal Provisions)
Any 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 five million won: <Amended by Act No. 8091, Dec. 26, 2006; Act No.
8199, Jan. 3, 2007; Act No. 8776, Dec. 21, 2007; Act No. 9128, Jun. 13, 2008; Act
No. 10393, Jul. 23, 2010>
1. A person who refuses or obstructs an inspection, measurement,
investigation, test or access to relevant sites under Articles 24 (4) and
(5) (including cases applied mutatis mutandis under Article 58 (3)),
47-2 (5), 71-2 (1) and (2) (including cases applied mutatis mutandis
under Article 47-3 (4));
1-2. and 2. Deleted. <Act No. 10393, Jul. 23, 2010>;
3. A person who fails to carry out an order under the provisions of
Article 47-2 (6);
4. A person who constructs buildings or installations without obtaining
approval under Article 52 (1);
4-2. A person who displays, keeps, or transports equipment which has
failed to undergo suitability evaluation, for the purpose of selling or
leasing it, or installs such equipment in a wireless station or a
broadcasting communications network, in violation of Article 58-2 (1);
5. A person who fails to execute an order under Articles 58-4 (1) or 71-2
(5);
5-2. A person who sells or leases equipment which is replicated,
remodelled or altered in violation of Article 58-10 (2), or displays,
keeps or transports such equipment for the purpose of selling or
leasing it, or installs such equipment in a wireless station or a
broadcasting communications network;
6. A person who operates a wireless station or wireless facilities and
equipment which have been ordered to suspend their operation under
the provisions of Article 72 (2) or (3) (including cases applied mutatis
mutandis under Article 58 (3)), or communications facilities and
equipment under Article 58 (1) 2.
Article 87 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be
punished by a fine not exceeding one million won: <Amended Act No. 10393,
Jul. 23, 2010>
1. A person who establishes or operates a wireless station under Article
24-2 (1) 1 through 3 without obtaining permission under Article 19
(1);
2. A person who operates facilities and equipment under Article 58 (1) 1
whose operation has been suspended under Article 72 (3) (including
cases applied mutatis mutandis under Article 58 (3)).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 88 (Joint Penal Provisions)
Where a representative of a corporation, or an agent, employee or other
worker of the corporation or an individual commits an offence under Article
84 or 86 in connection with the business of the corporation or the individual,
not only the offender but also the corporation or the individual shall be
punished by the fines specified in the relevant Article: Provided, That where
such corporation or individual has not been negligent in giving due attention
and supervision concerning the relevant duties to prevent such violation, this
shall not apply.
[This Article Wholly Amended by Act No. 10393, Jul. 23, 2010]
Article 89 (Legal Fiction as Public Official in Application of Penal Provisions)
Any person who is engaged in the affairs of suitability evaluation tests under
Article 58-5 (1) and any person engaged in the duties entrusted by the
Minister of Science, ICT and Future Planning or the Korea Communications
Commission under Article 78 (2) and (3) shall be deemed a public official in
the application of Articles 129 through 132 of the Criminal Act. <Amended by
Act No. 10393, Jul. 23, 2010; Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 89-2 (Fines for Negligence)
Any person who fails to notify or notifies falsely the number of subscribers
who have entered into a new service contract and the total number of
subscribers under Article 19 (3) shall be punished by a fine for negligence
not exceeding ten million won.
[This Article Newly Inserted by Act No. 9128, Jun. 13, 2008]
Article 89-3 (Fines for Negligence)
Any person falling under any of the following subparagraphs shall be
punished by a fine for negligence not exceeding five million won:
1. A person who operates a wireless station without undergoing inspection
for the relevant wireless station, in violation of Article 24 (7);
2. A person who fails to jointly use a wireless station, in violation of an
order under Article 48-2 (1), or uses a wireless station without
establishing it in an environmentally-friendly manner.
[This Article Newly Inserted by Act No. 10393, Jul. 23, 2010]
Article 90 (Fines for Negligence)
Any of the following persons shall be punished by a fine for negligence not
exceeding three million won: <Amended by Act No. 7264, Dec. 30, 2004; Act No.
8776, Dec. 21, 2007; Act No. 9128, Jun. 13, 2008; Act No. 10393, Jul. 23, 2010; Act
No. 11451, May 23, 2012>
1. A person who operates a wireless station under Article 19-2 (1) 1 or 2
without reporting;
2. A person who operates a wireless station under Article 19-2 (1) 3
without filing a completion report in violation of Article 24 (1), or
without undergoing reinspection in violation of Article 25 (3);
2-2. A person who operates wireless facilities and equipment, in violation
of Article 25 (1);
3. A person who operates a wireless station beyond the matters permitted
or reported, in violation of the main sentence of Article 25 (2);
3-2. Deleted; <by Act No. 10393, Jul. 23, 2010>
4. A person who fails to indicate electromagnetic waves levels, in
violation of Article 47-2 (8);
5. A person who operates facilities and equipment without obtaining
permission under Article 58 (1) 1;
5-2. A person who fails to display related documents after making a
suitability registration, in violation of Article 58-2 (4);
5-3. A person who sells or leases equipment, displays, keeps or transports
such equipment for the purpose of selling or leasing it, or installs such
equipment in a wireless station or a broadcasting communications
network,
without
indicating
the
fact
that
he/she
has
undergone
suitability evaluation, in violation of Article 58-2 (6);
5-4. A person who refuses or obstructs inspections or entrance to relevant
sites under Article 58-6 (1);
5-5. A person who refuses or obstructs requests for the submission of
data or equipment under Article 58-6 (1) or 71-2 (2) (including cases
applied mutatis mutandis under Article 47-3 (4));
5-6. A person who operates a wireless station, in violation of an order
under Article 71-2 (5);
6. A person who violates restrictions on operation under Article 72 (2) or
(3) (including cases applied mutatis mutandis under Article 58 (3)).
Article 91 (Fines for Negligence)
Any person falling under any of the following subparagraphs shall be
punished by a fine for negligence not exceeding two million won:
1. A person who fails to perform his/her responsibility with respect to
urgency
communications,
safety
communications
communications, in violation of Article 28 (2);
or
emergency
2. A person who operates a wireless station, in violation of the main
sentence of Article 29;
3. A person who fails to observe matters relating to the security of
communications under Article 30 (1) or to receive education for the
security of communications under paragraph (2) of the same Article;
4. A person who operates wireless facilities and equipment which are not
in conformity with technical standards for wireless facilities and
equipment or standards for safety facilities, in violation of Articles 45
and 47;
5. A person who fails to report on the results of measurement of the
intensity of electromagnetic waves, in violation of Article 47-2 (3), or
who has made a false report thereon;
6. A person who operates or installs wireless facilities and equipment, in
violation of the main sentence of Article 70 (4);
7. A person who operates or installs wireless facilities and equipment
during a period for which he/she has been subject to suspension of
his/her business under Article 76.
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 92 (Fines for Negligence)
Any person falling under any of the following subparagraphs shall be
punished by a fine for negligence not exceeding one million won: <Amended
by Act No. 10393, Jul. 23, 2010>
1. A person who fails to obtain approval in violation of Article 14 (3);
2. A person who fails to obtain authorization in violation of Article 23
(2) or fails to file a report in violation of paragraph (3) of the same
Article;
3. A person who fails to file a report in violation of Article 25-2 (1);
4. A person who fails to report revised matters, in violation of Article
58-2 (5);
5. A person who fails to observe the conditions of provisional certification
under Article 58-2 (7).
[This Article Wholly Amended by Act No. 9128, Jun. 13, 2008]
Article 93 (Imposition and Collection of Fines for Negligence)
The fines for negligence under Articles 89-2, 89-3 and 90 through 92 shall
be imposed and collected by the Minister of Science, ICT and Future
Planning or
the
Korea
Communications Commission,
as prescribed by
Presidential Decree. <Amended by Act No. 11712, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10393, Jul. 23, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2000.
Article 2 (Transitional Measures concerning Structures Impeding Reception of
Broadcasts)
The provisions of Article 36 shall apply to structures subject to the
application of structures impeding the reception of broadcasts under Article
74-4 of the Radio Waves Act amended by Act No. 4193 at the time this Act
enters into force.
Article 3 (Transitional Measures concerning Allocation of Frequencies)
Frequencies allocated by the Minister of Information and Communication to a
person, at the time this Act enters into force, who has been granted
permission as a key communications business operator under the provisions of
Article
5
of
the
Telecommunications
Business
Act
shall
be
deemed
frequencies allocated under the provisions of Article 12.
Article 4 (Transitional Measures concerning Permission for Opening Wireless
Station)
Notwithstanding the provisions of Articles 21 (2) and 34 (2), a person who
files an application for permission of opening a wireless station under the
previous provisions at the time this Act enters into force shall be governed
by the previous provisions.
Article
5
(Transitional
Measures
concerning
Electromagnetic Disturbance Test)
Apparatus
Undergoing
Any apparatus that underwent an electromagnetic disturbance test at the time
the Radio Waves Act amended by Act No. 5218 was enforced shall be
deemed to have been registered for the electromagnetic compatibility under
the provisions of Article 57.
Article 6 (Transitional Measures concerning Qualification Certificate for Person
Engaged in Wireless Work)
Any qualification certificate for a person engaged in wireless work, which is
granted at the time this Act enters into force, shall be deemed the technical
qualification certificate under Article 70 (2).
Article 7 (Transitional Measures concerning Area for Prevention of Radio Wave
Disturbances)
The area for prevention of radio wave disturbances, which was designated
under the previous provisions at the time the Radio Wave Act amended by
Act No. 5637 entered into force shall be governed by the provisions prior to
the enforcement of the same Act until the time determined and announced by
the Minister of Information and Communication notwithstanding the provisions
of Articles 74-2 and 74-3 of the same Act.
Article 8 (Transitional Measures concerning Penalty Surcharge, Penal Provisions
and Fine for Negligence)
The application
of penalty surcharges,
penal provisions and
fines for
negligence to any act committed prior to the enforcement of this Act shall be
governed by the previous provisions.
Article 9 Omitted.
Article 10 (Relation to other Acts and Subordinate Statutes)
In cases where previous provisions are cited in other Acts or subordinate
statutes at the time this Act enters into force, and there are corresponding
provisions in this Act, the corresponding provisions of this Act shall be
considered to be cited in substitution for the previous provisions.
ADDENDA <Act No. 6315, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6909, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7264, Dec. 30, 2004>
(1) (Enforcement Date) This Act shall enter into force six months after the
date of its promulgation.
(2) (Transitional Measures concerning Reckoning Date of Effective Period of
Approval for Use of Frequencies) Any person who has obtained approval for
use of frequencies under Article 19 (5) before this Act enters into force shall
be deemed that he/she has obtained approval for use on the enforcement date
of this Act.
(3) (Transitional Measures concerning Penal Provisions) The previous provisions
shall govern the application of penal provisions to the acts performed before
this Act enters into force.
ADDENDA <Act No. 7265, Dec. 30, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7441, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 7559, May 31, 2005>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7815, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Frequency Utilization Period)
Notwithstanding the amended provisions of Article 15 (1), a person subject to
an allocation of frequencies under the provisions of Article 12 before this Act
enters into force shall be deemed to be granted with the utilization period of
five years from the enforcement date of this Act.
Article 3 (Special Example of Reallocation)
In cases of making a reallocation, as the frequency utilization period is
completed, to a key telecommunication business operator who has obtained
permission under Article 5 of the Telecommunications Business Act in order
to provide the telecommunication services as provided for by Ordinance of
the Ministry of Information and Communication before this Act enters into
force, who is deemed to have been granted a utilization period of five years
from the enforcement of this Act under the provisions of Article 2 of the
Addenda, the allocation of frequencies for consideration shall be made under
the amended provisions of Article 11.
Article 4 (Establishment Registration of Korea Radio Promotion Agency, and
Transitional Measures, etc.)
(1) The head of the Korea Radio Wave Management Business Group
(hereinafter referred to as the "Business Group") established under the
provisions of previous Article 66 shall prepare the articles of association of
the Korea Radio Promotion Agency under the amended provisions of Article
66 without delay after the enforcement of this Act, and obtain approval of
the Minister of Information and Communication.
(2) When the head of the Business Group has obtained approval under the
provisions of paragraph (1), he/she shall file an establishment registration of
the Promotion Agency without delay.
(3) Notwithstanding the provisions of dissolution and liquidation of a juristic
person of the Civil Act. when the establishment registration of the Promotion
Agency has been completed under the provisions of paragraph (2), the
Business Group shall be deemed to have been dissolved.
(4) Where the head of the Business Group obtains approval under the
provisions of paragraph (1), when he/she has obtained approval of the
Minister of Information and Communication through a resolution of the board
of directors concerning the comprehensive succession of the Business Group's
property, rights and obligations, the property, rights and obligations of the
Business Group shall be succeeded comprehensively by the Promotion Agency
on the establishment registration date of the Promotion Agency. In such cases,
the value of the succeeded property shall be the book allocation on the
previous day of the establishment registration date.
(5) The name of the Business Group indicated on the register for the
property, rights and obligations to be succeeded by the Promotion Agency at
the time of completion of establishment registration under the provisions of
paragraph (2), and in other official books, shall be deemed to be the name of
the Promotion Agency.
(6) When the establishment registration under the provisions of paragraph (2)
has been completed, the acts performed by the Business Group before this
Act enters into force shall be deemed acts performed by the Promotion
Agency, and the acts taken with respect to the Business Group shall be
deemed the acts performed with respect to the Promotion Agency.
(7) When the establishment registration under the provisions of paragraph (2)
has been completed, officers and staff members of the Business Group shall
be deemed to be selected or appointed as officers and staff members of the
Promotion Agency under this Act. In such cases, the terms of the Promotion
Agency's officers shall be reckoned from the time of selection as officers of
the Business Group under the previous provisions.
(8) The head of the Business Group may, in cases necessary for preparation
for the establishment of the Promotion Agency, take the acts for a preparation
of establishment, such as preparation, etc. of the articles of association under
the provisions of paragraph (1), even before this Act enters into force.
Article 5 (Transitional Measures concerning Penal Provisions)
The application of penal provisions to the acts performed before this Act
enters into force shall be governed by the previous provisions.
Article 6 Omitted.
ADDENDUM <Act No. 8091, Dec. 26, 2006>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 8199, Jan. 3, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8770, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8776, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the
date of its promulgation.
(2) (Transitional Measures concerning Opening of Wireless Station) Any
wireless station subject to file a report on opening under the proviso to Article
19 (1) with the exception of each subparagraph in accordance with the
amended provision of Article 19 (1) 3 from among wireless stations which
obtained permission to open before this Act enters into force shall be deemed
to have filed a report on opening under this Act, and other wireless station
subjected to file a report on opening under the main sentence of Article 19 (1)
with the exception of each subparagraph in accordance with the amended
provision of Article 19 (1) from among the wireless stations which obtained
permission to open before this Act enters into force shall obtain permission to
open under this Act within six months from the enforcement date of this Act.
(3)
(Transitional
Measures
concerning
Penal
Provisions
and
Fines
for
Negligence) The previous provisions shall govern the application of penal
provisions or fines for negligence to the acts performed before this Act enters
into force.
(4) Omitted.
ADDENDA <Act No. 8867, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force ten months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9128, Jun. 13, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation:
Provided, That the amended provisions of Article 57 (1) 2 shall enter into
force on January 1, 2009.
Article 2 (Transitional Measures concerning Transfer and Lease of Right for
Utilization of Frequencies)
Notwithstanding the amended provision of Article 14 (3), the previous
provisions shall govern the approval for transfer or lease of the right to
utilize frequencies in cases where it has been transferred or leased before this
Act enters into force.
Article 3 (Transitional Measures concerning Penal Provisions and Fines for
Negligence)
The previous provisions shall govern the application of penal provisions and
fines for negligence to the acts performed before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 9455, Feb. 6, 2009>
(1) (Enforcement Date) This Act shall enter into force three months after the
date of its promulgation.
(2) (Transitional Measures concerning Effective Term of Permission for Opening
Wireless Station) Notwithstanding the amended provision of Article 22 (1), the
previous provisions shall govern the effective term of permission for a person
who has been granted permission to open a wireless station under the previous
provision at the time when this Act enters into force.
ADDENDUM <Act No. 9482, Mar. 13, 2009>
This Act shall enter into on the date of its promulgation.
ADDENDA <Act No. 9535, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9773, Jun. 9, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9780, Jun. 9, 2008>
Article 1 (Enforcement Date)
This Act
shall
enter
into
force
three
months
after
the
date
of
its
promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10166, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10393, Jul. 23, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation:
Provided, That, among the provisions of Articles 7 (6) and (7), 11 (5), (6)
and (7), and 67 (1), the amended provisions concerning the Information and
Communications
Promotion
Fund
and
the
Broadcasting
Communication
Development Fund shall enter into force on January 1, 2011.
Article 2 (Transitional Measures concerning Establishment of Wireless Stations)
Among wireless stations whose establishment was permitted before this Act
enters into force, those subject to a report on establishment under the former
part of the main sentence of Article 19-2 (1) in accordance with the amended
provisions of Article 19-2 (1) 4, shall be deemed to have filed a report on
establishment under this Act.
Article
3
(Transitional
Measures
concerning
Type
Examination,
Type
Registration, Electromagnetic Wave Suitability Registration and
Type Approval, etc.)
(1) If, at the time this Act enters into force, any application for type
examination, type registration or electromagnetic wave suitability registration is
filed for equipment of wireless facilities pursuant to previous provisions, or
any application for type approval is filed for facilities and equipment of
telecommunications under Article 33 of the previous Framework Act on
Telecommunications, such examination, registration, and approval shall follow
the previous provisions.
(2) If, at the time this Act and paragraph (1) enters into force, type
examination, type registration or electromagnetic wave suitability registration is
completed for equipment of wireless facilities pursuant to previous provisions,
or type approval is granted for facilities and equipment of telecommunications
pursuant
to
Article
33
of
the
previous
Framework
Act
on
Telecommunications, such equipment or facilities and equipment shall be
regarded to be broadcasting communications equipment, etc. which has
undergone suitability evaluation pursuant to the amended provisions of Article
58-2.
Article 4 (Transitional Measures concerning Penal Provisions, etc.)
When imposing penalties or fines for negligence on violations of the previous
Radio Waves Act committed before this Act enters into force, such imposition
shall follow the previous Radio Waves Act.
Article 5 (Transitional Measures concerning Name Change)
(1) The Korea Radio Promotion Agency as at the time this Act enters into
force shall be deemed the Korea Communications Agency under this Act.
(2) Acts performed under the name of the Korea Radio Promotion Agency
and in any other legal relationship, as at the time this Act enters into force,
shall
be
deemed
to
be
performed
under
the
name
of
the
Korea
Communications Agency.
(3) The name of the Korea Radio Promotion Agency indicated in a registry
or other official books, as at the time this Act enters into force, shall be
deemed to be the name of the Korea Communications Agency.
Article 6 Omitted.
Article 7 (Transitional Measures Following Amendments to other Acts)
When imposing penalties or fines for negligence on violations of the previous
Framework Act on Telecommunications committed before this Act enters into
force,
such
imposition
shall
follow
the
previous
Framework
Act
on
Telecommunications.
Article 8 (Relations with other Acts and Subordinate Statues)
A citation of provisions of the former Radio Waves Act or the Framework
Act on Telecommunications by any other Act or subordinate statute in force
as at the time this Act enters into force shall be deemed to be a citation of
this Act or the corresponding provisions hereof in lieu of the former
provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 10564, Apr. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11451, May 23, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11712, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Matters)
(1) Any act related to the matters for which a competent body is to be
changed from the Korea Communications Commission to the Minister of
Science, ICT and Future Planning under this Act, from among the acts
performed prior to the enforcement of this Act including the public
notifications or administrative dispositions by the Korea Communications
Commission,
other
acts
of
the
Korea
Communications
Commission,
applications or reports made to the Korea Communications Commission, etc.,
shall be deemed to be acts of the Minister of Science, ICT and Future
Planning or acts made towards the Minister of Science, ICT and Future
Planning.
(2) The Korea Communications Commission Regulations concerning the
matters for which a competent body is to be changed from the Korea
Communications Commission to the Minister of Science, ICT and Future
Planning as this Act enters into force shall be deemed to be ordinance of the
Ministry of Science, ICT and Future Planning until an ordinance of the
Ministry of Science, ICT and Future Planning to replace such regulations is
enacted and enforced.