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Enforcement Decree Of The Framework Act On Telecommunications


Published: 2009-11-20

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated under the Framework Act on Telecommunications and matters necessary for the enforcement thereof.
CHAPTER II Deleted
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 Articles 2 through 10 Deleted.<by Presidential Decree No. 21692, Aug. 18, 2009>   print
CHAPTER III TELECOMMUNICATIONS FACILITIES AND EQUIPMENT
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 Article 11 (Report of Installation or Change of Telecommunications Facilities and Equipment)   print
Any key communications business operator who intends to install or change important telecommunications facilities and equipment pursuant to the main sentence of Article 17 (1) of the Act shall submit, to the Korea Communications Commission, a report of installation (change) of important telecommunications facilities and equipment (including a report prepared in electronic document) with documents (including electronic documents) under the following subparagraphs attached thereto:
1. A detailed statement of installation or change of telecommunications facilities and equipment (including a configuration diagram of a communications network);
2. Measures for security of telecommunications facilities and equipment.
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 Articles 12 (Approval for Installation of Telecommunications Facilities and Equipment)   print
(1) Any key communications business operator who intends to obtain approval for installation of telecommunications facilities and equipment first installed by means of new telecommunications technology pursuant to the proviso to Article 17 (1) of the Act shall file with the Korea Communications Commission an application (including an application prepared in electronic document) for approval for installation of telecommunications facilities and equipment with documents (including electronic documents) under the following subparagraphs attached thereto:
1. A business plan;
2. Measures for security of telecommunications facilities and equipment;
3. Technical trends, such as domestic and foreign standards of the relevant telecommunications facilities and equipment;
4. The current status of domestic and foreign research and development of the relevant telecommunications facilities and equipment;
5. An agreement (only applicable where a key communications business operator intends to jointly install or use telecommunications facilities and equipment with other domestic or foreign business operators).
(2) When the Korea Communications Commission has received an application pursuant to paragraph (1), it shall examine technical characteristics, etc. of telecommunications facilities and equipment the applicant intends to install and notify the applicant within 15 days of whether it will approve the application.
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 Article 13 (Selection of Institution Specialized in Research on Data)   print
(1) Where the Korea Communications Commission intends to have a specialized institution in the telecommunications field conduct research on data necessary for consultation between key communications business operators concerning joint construction of telecommunications facilities and equipment pursuant to Article 18 (3) of the Act, it shall select a specialized institution which is deemed to have expertise in such research and to be able to secure justice and objectivity, and have such specialized institution conduct the research on data.
(2) When the Korea Communications Commission selects a specialized institution conducting researches on data pursuant to paragraph (1), it shall notify the relevant key communications business operator of such selection.
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 Article 14 (Research on Data of Joint Construction of Telecommunications Facilities and Equipment)   print
The Korea Communications Commission may research data under the following subparagraphs required for consultation between key communications business operators on joint construction of telecommunications facilities and equipment pursuant to Article 18 (2) of the Act:
1. A plan for construction of telecommunications facilities and equipment of key communications business operators on the following matters:
(a) Kinds and standards of telecommunications facilities and equipment intended to be installed;
(b) Construction areas and sections;
(c) Timing of construction;
(d) Technical conditions, etc.;
2. Telecommunications facilities and equipment, areas and sections possible for joint construction;
3. A plan for efficient joint construction of telecommunications facilities;
4. Economic impact following joint construction of telecommunications facilities and equipment.
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 Article 15 (Recommendation of Joint Construction of Telecommunications Facilities and Equipment)   print
(1) Where the Korea Communications Commission advises key communications business operators to jointly construct telecommunications facilities and equipment pursuant to Article 18 (4) of the Act, it shall specifically set and recommend telecommunications facilities and equipment subject to joint construction, construction areas and sections, time of construction, technical conditions, etc.
(2) Key communications business operators who intend to jointly construct telecommunications facilities and equipment pursuant to Article 18 (4) 1 of the Act shall submit documents stating the following matters to the Korea Communications Commission:
1. A plan for joint construction of telecommunications facilities and equipment;
2. Economic impact following joint construction of telecommunications facilities and equipment;
3. Reasons why agreement has not been reached with key communications business operators subject to joint construction of telecommunications facilities and equipment and solutions thereof.
(3) Key communications business operators who have been recommended joint construction of telecommunications facilities and equipment by the Korea Communications Commission shall notify it, within 21 days from the date they receive such recommendation, of whether to accept such recommendation and of reasons why they are unable to accept such recommendation where they are unable to do so.
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 Article 16 (Report of Private Telecommunications Facilities and Equipment)   print
(1) Any person who intends to install private telecommunications facilities and equipment pursuant to Article 20 of the Act shall file with the Korea Communications Commission a report (including a report prepared in electronic form) of installation of private telecommunications facilities and equipment stating the following matters, with specifications and drawings of private telecommunications facilities and equipment attached thereto:
1. The filer;
2. The type of business;
3. The purpose of use;
4. The means of telecommunications;
5. The place for installation of telecommunications facilities and equipment;
6. An outline of telecommunications facilities and equipment;
7. The (scheduled) date of operation of telecommunications facilities and equipment.
(2) "Important matters prescribed by Presidential Decree" in the latter part of Article 20 (1) of the Act means matters concerning paragraph (1) 2 through 6.
(3) Where a person who has reported installation of private telecommunications facilities and equipment intends to change matters referred to in paragraph (2), the person shall submit to the Korea Communications Commission a report of change (including a report prepared in electronic form) stating matters for change, with specifications and drawings (including a comparison table before and after a change) of private telecommunications facilities and equipment on matters for change attached thereto no later than 21 days prior to the commencement date of such change (where the person intends to change matters prescribed in paragraph (1) 4 through 6, the commencement date of such change work).
(4) When the Korea Communications Commission receives a report of installation pursuant to paragraph (1) or a report of change of installation pursuant to paragraph (3), it shall examine the following requirements:
1. Whether the technical standards under Article 25 (1) of the Act are met;
2. Whether the purpose of and a reason for installation of telecommunications facilities and equipment are for use for the persons' telecommunications.
(5) Where the Korea Communications Commission finds, as a result of its examination pursuant to paragraph (4), that the requirements under the subparagraphs of the same paragraph are met, it shall issue a certificate of report of installation (change) of private telecommunications facilities and equipment to the filer.
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 Article 17 (Confirmation on Installation Work)   print
(1) A person who makes a report of installation or a report of change of private telecommunications facilities and equipment pursuant to Article 20 (3) of the Act shall obtain confirmation from the Korea Communications Commission within seven days from the date the person completes installation works or change work of such facilities and equipment.
(2) A person who intends to obtain confirmation on private telecommunications facilities and equipment pursuant to paragraph (1) shall submit to the Korea Communications Commission an application (including an application prepared in electronic form) for confirmation on private telecommunications facilities and equipment with the following documents (including electronic documents) attached thereto:
1. Documents which may confirm that the works have been completed in conformity with the technical standards pursuant to Article 25 (1) of the Act;
2. Documents which may confirm that the works have been completed in accordance with specifications and drawings under Article 25 (3) of the Act;
3. A copy of a qualification certificate of an installation contractor.
(3) When the Korea Communications Commission finds that an application falls under any of the following subparagraphs as a result of its examination on the application documents pursuant to paragraph (2), it shall request the applicant to supplement the application documents within a reasonably fixed period:
1. When attached documents are insufficient;
2. When details required to be entered in the application and attached documents are not clear and accurate.
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 Article 18 (Exemption from Report of Installation of Private Telecommunications Facilities and Equipment)   print
Private telecommunications facilities and equipment which may be installed without report pursuant to Article 20 (4) of the Act shall be as follows:
1. Private telecommunications facilities and equipment, the main facilities and equipment and terminal equipment of which are installed in one building and its site;
2. Private telecommunications facilities and equipment, the main facilities and equipment and terminal equipment of which are installed in not less than two buildings and their site occupied by one person (only applicable to buildings and a site, which are not divided by a road or a river), as cases where the shortest distance between the buildings is within 100 meters;
3. Private telecommunications facilities and equipment, the period for use of which is within one month, as cases where they are installed according to the emergency need of operations of the police.
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 Article 19 (Supply of Private Telecommunications Facilities and Equipment)   print
(1) Where any person who has installed private telecommunications facilities and equipment has surplus telecommunications facilities and equipment exceeding the capacity necessary for the person's use of telecommunications among the person's telecommunications facilities and equipment installed in a section requested by a key communications business operator pursuant to Article 21 (2) of the Act, he/she may make such surplus telecommunications facilities and equipment available to the key communications business operator.
(2) Where private telecommunications facilities and equipment are made available to a key communications business operator pursuant to paragraph (1), payment for access thereto shall be in accordance with the standards determined and publicly announced by the Korea Communications Commission within the extent of the amount in which the amount of remuneration for investment is added to expenses incurred in construction and operation of the relevant private telecommunications facilities and equipment.
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 Article 20 (Standards for Disposition of Suspension of Use)   print
Standards for disposition of the suspension of use pursuant to Article 23 (2) of the Act shall be as shown in attached Table 2. <Amended by Presidential Decree No. 21224, Dec. 31, 2008>
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 Article 21 (Kinds of Offenses subject to Imposition of Penalty Surcharges and Amount of Penalty Surcharges)   print
(1) Kinds of offenses on which penalty surcharges are imposed pursuant to Article 24 of the Act and the amount of penalty surcharges thereon shall be as prescribed in attached Table 3. <Amended by Presidential Decree No. 21224, Dec. 31, 2008>
(2) The Korea Communications Commission shall, where it fixes the amount of penalty surcharges pursuant to paragraph (1), consider the following matters:
1. Details and degree of an offense;
2. A period and the number of times of an offense;
3. The value of interests acquired from an offense.
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 Article 22 (Imposition and Payment of Penalty Surcharges)   print
(1) Where the Korea Communications Commission intends to impose a penalty surcharge pursuant to Article 24 (2) of the Act, it shall give notice of a penalty surcharge in writing, clearly and accurately stating the kind of such offense, the amount of a penalty surcharge, etc.
(2) A person who receives a notice pursuant to paragraph (1) shall pay a penalty surcharge to a receiving agency determined by the Korea Communications Commission within 20 days: Provided, That when the person is unable to pay a penalty surcharge within such period owing to natural disasters or other inevitable circumstances, the person shall pay it within seven days from the date such circumstances cease to exist.
(3) A receiving agency which has received a penalty surcharge pursuant to paragraph (2) shall issue a receipt to a payer.
(4) When a receiving agency of penalty surcharges receives penalty surcharges pursuant to paragraph (2), it shall promptly notify the Korea Communications Commission of such fact.
(5) A penalty surcharge shall not be paid in installments.
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 Article 23 (Preparation of Specifications and Drawings)   print
(1) A person who falls under any of the following subparagraphs shall prepare specifications and drawings pursuant to Article 25 (3) of the Act:
1. A main agent of engineering activity or a professional engineer in a communications and information processing field, as a main agent of engineering activity under the Engineering Technology Promotion Act or a professional engineer who has registered the establishment of an office of professional engineers pursuant to Professional Engineers Act;
2. An information and communications engineer in a technical field under subparagraph 1 of the attached Table 2 of the Enforcement Decree of the Information and Communication Work Business Act.
(2) The Korea Communications Commission may determine and announce the scope of installation works of telecommunications facilities and equipment which may be designed only by a person falling under paragraph (1) 1.
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 Article 24 (Certificates)   print
Certificates under Article 25 (7) of the Act shall be prescribed by the Rules of the Korea Communications Commission.
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 Article 25 (Management Rules)   print
Matters to be prescribed by the management rules of telecommunications facilities and equipment pursuant to Article 26 of the Act shall be as follows:
1. Matters concerning organization, duties and the limit of responsibility of a managing organization of telecommunications facilities and equipment;
2. Matters concerning installation, inspection, operation and checkup, maintenance and repair of telecommunications facilities and equipment;
3. Matters concerning measures and countermeasures at the time of malfunction of telecommunications facilities and equipment;
4. Matters concerning measures for the protection of the confidentiality of communications of users of telecommunications services;
5. Other matters necessary for supply of stable and reliable telecommunications services.
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 Article 26 (Facilities subject to Securing Pipelines)   print
"Other pipelines or housing sites prescribed by Presidential Decree" in Article 30-2 (1) 8 of the Act means the following facilities: <Amended by Presidential Decree No. 21835, Nov. 20, 2009>
1. Bus terminals under the Passenger Transport Service Act;
2. Cargo terminals under the Goods Distribution Promotion Act;
3. Complexes for small and medium enterprises cooperation business developed pursuant to the Small and Medium Enterprises Promotion Act;
4. Distribution complexes developed pursuant to the Promotion of Distribution Complex Development Act;
5. Sight-seeing resorts or tourist complexes prepared pursuant to the Tourism Promotion Act;
6. Sewer pipes under the Sewerage Act.
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 Article 27 (Arbitration concerning Securing of Pipelines)   print
(1) Where the Korea Communications Commission prepares an arbitration proposal at the request for arbitration pursuant to Article 30-2 (5) of the Act, it shall hear opinions of the head of the relevant administrative agency and the persons concerned.
(2) Where the Korea Communications Commission prepares an arbitration proposal pursuant to paragraph (1), it shall notify the persons concerned and may recommend acceptance of such proposal within a fixed period of not less than 30 days.
(3) When persons concerned accept an arbitration proposal pursuant to paragraph (2), the Korea Communications Commission shall prepare an arbitration proposal stating the following matters and have the persons concerned sign and seal:
1. The case number;
2. Names and addresses of the persons concerned, the representative selected or an agent;
3. The meaning of a request for arbitration;
4. The provisions for arbitration;
5. The date of preparation.
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 Article 28 (Combined Operation of Telecommunications Facilities and Equipment)   print
"Where it is necessary for an efficient management and operation of telecommunications facilities and equipment" in Article 31 (1) of the Act means cases for solving overlapped investment in telecommunications facilities and equipment by efficiently managing and operating telecommunications facilities and equipment.
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 Article 29 (Selection of Communications Business Operator for Combined Operation)   print
(1) Where the Korea Communications Commission intends to select a key communications business operator who may operate the combined telecommunications facilities and equipment, etc. pursuant to Article 31 (1) of the Act, it shall examine the following matters and select one among key communications business operators who provide telecommunications services in an area where telecommunications facilities and equipment subject to the combined operation are installed or area adjacent thereto:
1. Human resources and organization of key communications business operators;
2. Facilities and equipment possessed by key communications business operators;
3. Levels of technical expertise of key communications business operators;
4. The financial structure of key communications business operators.
(2) Where the Korea Communications Commission intends to select a communications business operator for the combined operation pursuant to Article 31 (1) of the Act, it shall undergo deliberation by the Information and Communications Policies Deliberative Committee (hereinafter referred to as the "Deliberative Committee") pursuant to Article 44-2 (1) of the Act in advance.
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 Article 30 (Matters to be Included in Combined Operation Plan)   print
"Other matters prescribed by Presidential Decree" in Article 31 (3) 3 of the Act means the following matters:
1. Matters concerning charges of the combined telecommunications facilities and equipment;
2. Matters concerning operating personnel of the combined telecommunications facilities and equipment.
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 Article 31 (Purchase of Telecommunications Facilities and Equipment)   print
(1) The sale price of telecommunications facilities and equipment, etc. pursuant to Article 32 (2) of the Act shall be calculated based on the appraised value of an appraisal business operator under the Public Notice of Values and Appraisal of Real Estate Act: Provided, That Where an appraisal business operator has difficulty in appraisal, the sale price may be calculated in accordance with an agreement between the persons concerned.
(2) Procedures for sale and the method of payment of the sale price of telecommunications facilities and equipment or such, pursuant to Article 32 (2) of the Act, shall be as agreed between the persons concerned.
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 Article 32 (Destruction or Recall of Telecommunications Equipment and Materials)   print
Where the Korea Communications Commission orders destruction or recall of telecommunications equipment and materials pursuant to Article 36 (3) of the Act, it shall issue an order in writing and clearly and accurately state the grounds and a period thereof.
CHAPTER IV RULING OF DISPUTES
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 Article 33 (Application for Ruling)   print
(1) Any person who intends to apply for a ruling pursuant to Article 40-2 (1) of the Act shall submit to the Korea Communications Commission an application for a ruling with the following documents attached thereto: Provided, That documents under subparagraphs 3 through 5 shall apply only to cases of an application for a ruling pursuant to Article 40-2 (1) 3 of the Act:
1. Documents concerning an outline of an application for a ruling;
2. Documents concerning the progress of an agreement between the persons concerned;
3. A copy of an agreement;
4. Documents concerning an amount to pay or to receive and the method of settlement of accounts;
5. Drawings indicating supply, mutual connection or use in common, etc. of telecommunications facilities and equipment, or an outline of supply of information.
(2) Where the Korea Communications Commission finds, as a result of its examination on the application documents, that any application documents fall under any of the following subparagraphs, it may request the applicant to supplement documents within a reasonably fixed period:
1. When attached documents are insufficient;
2. When details required to be entered in an application and attached documents are not clear and accurate.
(3) If an applicant fails to supplement within a period pursuant to paragraph (2), the Korea Communications Commission shall return such application to the applicant with the grounds specified.
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 Article 34 (Period for Ruling)   print
(1) The Korea Communications Commission shall issue a ruling within 60 days from the date it receives an application for a ruling under Article 40-2 of the Act.
(2) Where the Korea Communications Commission is unable to issue a ruling within a period pursuant to paragraph (1) owing to inevitable circumstances, the period for a ruling may be extended only once within a period not exceeding 30 days following a resolution by the Korea Communications Commission.
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 Article 35 (Award)   print
(1) A ruling of the Korea Communications Commission shall be made in writing.
(2) The text and the grounds therefor and the date of a ruling shall be entered in an award pursuant to paragraph (1) and the chairperson and members present at a meeting sign and seal the award and then the award shall be served to the persons concerned.
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 Article 36 (Organization of Information and Communications Policies Deliberative Committee)   print
(1) The Information and Communications Policies Deliberative Committee (hereinafter referred to as the "Deliberative Committee") pursuant to Article 44-2 of the Act shall be comprised of not more than 20 members, including one chairperson.
(2) Those who are appointed or commissioned by the Chairperson of the Korea Communications Commission from among the persons falling under any of the following subparagraphs shall be the chairperson and members of the Deliberative Committee:
1. Public officials in Class III or higher or equivalent to Class III or higher of the relevant administrative agency (including public officials belonging to the Senior Civil Service);
2. Those in charge of lectures or research on fields related to information and communications in universities under the Higher Education Act or in authorized research institutions;
3. Those who are or were in a position of the representative of an organization or an institution related to information and communications or executive officer of a company related to information and communications for not less than five years;
4. Those who have a profound knowledge and abundant experience in information and communications;
5. Those recommended by civic groups (referring to non-profit, non-governmental organizations pursuant to Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act).
(3) The term of office of a member shall be two years and he/she may be reappointed: Provided, That the term of office of any member who is appointed or commissioned to a post designated shall be the term he/she holds a post.
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 Article 37 (Duties of Chairperson)   print
(1) The chairperson shall preside over the affairs of the Deliberative Committee and represent the Deliberative Committee.
(2) When the chairperson is unable to perform his/her duties owing to extraordinary circumstances, any member appointed by the chairperson in advance shall perform the duties on behalf of the chairperson.
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 Article 38 (Meetings of Deliberative Committee)   print
(1) The chairperson shall convene a meeting of the Deliberative Committee and preside over a meeting.
(2) A resolution at a meeting of the Deliberative Committee shall be made by attendance of the majority of the incumbent members and with the consent of the majority of the members in attendance.
(3) Where deemed necessary, the Deliberative Committee may take professional advice of the relevant public official or the relevant expert.
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 Article 39 (Administrative Secretary of Deliberative Committee)   print
One administrative secretary shall be assigned over the Deliberative Committee to conduct its business and the administrative secretary shall be appointed by the Chairperson of the Korea Communications Commission from among public officials belonging to the Korea Communications Commission.
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 Article 40 (Subcommittees)   print
Where a professional examination is required on the matters raised for discussion by the Korea Communications Commission, the Deliberative Committee may organize subcommittees.
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 Article 41 (Allowances)   print
An allowance may be given to members who attend the Deliberative Committee or a subcommittee within budgetary limits: Provided, That this shall not apply where a member who is a public official attends a meeting in direct connection with his/her business.
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 Article 42 (Detailed Rules for Operation)   print
In addition to the matters prescribed by this Decree, matters necessary for organization and operation of the Deliberative Committee and subcommittees shall be determined by the chairperson following a resolution of the Deliberative Committee.
CHAPTER V COMMUNICATIONS DISASTER MANAGEMENT
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 Article 43 (Major Key Communications Business Operators)   print
Major key communications business operators (hereinafter referred to as "major key communications business operators") under Article 44-3 (1) of the Act shall be comprised of key communications business operators who provide the following services and key communications business operators announced by the Korea Communications Commission because they are deemed to have great influence on public interests and national industries or their stable supply of services are deemed especially necessary:
1. Local call service;
2. Distant call service;
3. International call service;
4. High-speed Internet service;
5. Mobile phone service among services provided with alloted frequency or common frequency communications service the subscribers of which are not less than 100,000 people.
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 Article 44 (Procedures for Formulation of Master Plans for Communications Disaster Management)   print
(1) The Korea Communications Commission shall prepare guidelines for the formulation of master plans for communications disaster management of the following year by no later than the end of April each year and notify major key communications business operators of the guidelines pursuant to Article 44-3 (3) of the Act.
(2) Major key communications business operators shall formulate a plan for communications disaster management of the following year in accordance with the guidelines for the formulation pursuant to paragraph (1) and submit the plan to the Korea Communications Commission by no later than the end of May every year.
(3) The Korea Communications Commission shall determine a master plan for communications disaster management of the following year by no later than the end of July every year pursuant to Article 44-3 (5) of the Act.
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 Article 45 (Combined Operation of Telecommunications Facilities and Equipment)   print
(1) For the combined operation of telecommunications facilities and equipment pursuant to Article 44-4 (1) of the Act, the Korea Communications Commission may have key communications business operators and possessors of private telecommunications facilities and equipment mutually exchange information on facilities and equipment each of them operates or possesses, or have a specialized institution designated by the Korea Communications Commission build database in which information on facilities and equipment operated by key communications business operators or possessed by possessors of private telecommunications facilities and equipment is found, so that they may jointly hold information thereon.
(2) Where the combined operation of telecommunications facilities and equipment pursuant to Article 44-4 (1) of the Act is required, a key communications business operator may request another key communications business operator or a possessor of private telecommunications facilities and equipment to cooperate in the combined operation of telecommunications facilities and equipment. In such cases, any person who is requested the combined operation of telecommunications facilities and equipment shall comply with such request unless any extraordinary circumstance exists.
(3) Where another key communications business operator or a possessor of private telecommunications facilities and equipment does not comply with a request for the combined operation of telecommunications facilities and equipment pursuant to paragraph (2), the key communications business operator may file an application for arbitration of dissent with the Korea Communications Commission.
(4) The Korea Communications Commission may order another key communications business operator or a possessor of private telecommunications facilities and equipment to conduct the combined operation of telecommunications facilities and equipment pursuant to Article 44-4 (1) of the Act by application for arbitration pursuant to paragraph (3) or ex officio.
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 Article 46 (Organization and Operation of Communications Disaster Management Committee)   print
(1) Vice Ministers of the relevant central administrative agencies who are to be members of the Communications Disaster Management Committee (hereinafter referred to as the "Committee") pursuant to Article 44 -5 (3) of the Act shall be the Administrator of the National Emergency Management Agency, the Vice Minister of National Defense, a Deputy Director of the National Intelligence Service and Vice Ministers of central administrative agencies the chairperson deems necessary.
(2) The chairperson shall convene a meeting of the Committee and preside over such meeting.
(3) When the chairperson is unable to perform his/her duties owing to extraordinary circumstances, a member in order of appointment by the chairperson shall perform the duties on behalf of the chairperson.
(4) Where the chairperson intends to convene a meeting of the Committee, the chairperson shall notify each member of the date and place of the meeting and matters to be presented before a meeting in writing or by electronic document no later than seven days before holding the meeting: Provided, That this shall not apply where any urgent or inevitable ground exists.
(5) The Committee shall make a resolution by attendance of the majority of the incumbent members and with the consent of a majority of the members in attendance.
(6) The Committee may, if necessary, take professional advice of the relevant public official or the relevant expert.
(7) In order to conduct business of the Committee, one administrative secretary shall be assigned over the Committee and the administrative secretary shall be appointed by the chairperson from among the public officials belonging to the Korea Communications Commission.
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 Article 47 (Organization and Operation of Working Committees)   print
(1) A working committee set up in the Committee pursuant to Article 44-5 (4) of the Act shall be comprised of not more than 15 members, including one chairperson.
(2) The emergency planning officer of the Korea Communications Commission shall be the chairperson of the working committee and those under the following subparagraphs shall be members of the working committee:
1. Among public officials in Class IV or equivalent thereto belonging to central administrative agencies to which members pursuant to Article 46 (1) belong and the relevant administrative agencies the chairperson of the working committee deems necessary, each one person designated by the head of the relevant agency;
2. Those commissioned by the chairperson of the working committee from among those referred to in the following subparagraphs:
(a) Those in charge of business related to communications disasters among employees belonging to major key communications business operators and an organization of telecommunications business operators;
(b) Those who have profound knowledge and abundant experience in communications disaster management.
(3) The chairperson of the working committee shall convene a meeting of the working committee and preside over the meeting.
(4) In order to conduct business of the working committee, one administrative secretary shall be assigned over the working committee and the administrative secretary shall be appointed by the chairperson of the Korea Communications Commission among the public officials belonging thereto.
(5) The working committee shall examine and deliberate on matters submitted to the Committee and matters delegated by the Committee or instructed by the chairperson of the Committee.
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 Article 48 (Allowances)   print
An allowance may be given to members who attend a meeting of the Committee or members of the working committee who attend a meeting of the working committee within budgetary limits: Provided, That this shall not apply where a member or a member of the working committee who is a public official attends a meeting in direct connection with his/her business.
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 Article 49 (Detailed Rules for Operation)   print
In addition to the matters prescribed by this Decree, matters necessary for the organization and operation of the Committee shall be determined by the chairperson of the Committee following a resolution by the Committee, and matters necessary for the organization and operation of the working committee shall be determined by the chairperson of the working committee following a resolution of the working committee, respectively.
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 Article 50 (Report of Communications Disasters)   print
Pursuant to Articles 44-7 and 44-8 (4) of the Act, major key communications business operators shall report damage and restoration situations and countermeasures, etc., as occasion calls, to the Korea Communications Commission or the Communications Disaster Countermeasures Headquarters (hereinafter referred to as the "Countermeasures Headquarters") pursuant to Article 44-8 of the Act from the time when a communications disaster arises until it is contained.
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 Article 51 (Organization and Operation of Communications Disaster Countermeasures Headquarters)   print
(1) The Countermeasures Headquarters shall be comprised of public officials who belong to central administrative agencies in direct connection with the restoration of communications disasters and employees of major key communications business operators.
(2) The Korea Communications Commission shall determine the method of organization of the Countermeasures Headquarters in advance to quickly cope with communications disasters and notify the heads of central administrative agencies and major key communications business operators to whom members of the Countermeasures Headquarters under paragraph (1) belong.
(3) The head of the Countermeasures Headquarters shall represent the Countermeasures Headquarters and preside over the affairs referred to in the following subparagraphs:
1. Command and control of mobilization of materials for emergency restoration and restoration activities of major key communications business operators;
2. Establishment of countermeasures for efficient emergency restoration activities, such as the establishment of an emergency restoration system and sharing responsibility, etc., among major key communications business operators;
3. Communications support to areas damaged by a communications disaster;
4. Other matters the head of the Countermeasures Headquarters deems necessary.
(4) The head of the Countermeasures Headquarters may request major key communications business operators to dispatch their employees for the efficient operation of the Countermeasures Headquarters. In such cases, major key communications business operators requested to dispatch their employees shall comply with such request unless extraordinary circumstances exist.
(5) In addition to the matters prescribed by this Decree, matters necessary for the organization and operation of the Countermeasures Headquarters shall be determined by the head of the Countermeasures Headquarters.
CHAPTER VI SUPPLEMENTARY PROVISIONS
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 Article 52 (Procedures for Statement of One's Views)   print
(1) Where the Korea Communications Commission intends to provide an opportunity to state one's views pursuant to Article 40-2 (2) of the Act, it shall notify the person concerned or his/her agent in writing no later than ten days prior to the specified date for stating his/her views.
(2) The person concerned or his/her agent notified pursuant to paragraph (1) shall state his/her views by attending on the specified date or submit his/her views in writing.
(3) When the person concerned or his/her agent pursuant to paragraph (2) attends and states his/her views, the relevant public official shall prepare its essential points in writing and have the person himself/herself in attendance conform them and then sign and seal.
(4) Notice under paragraph (1) shall clearly indicate the purport that if such notice is not complied with without any reasonable ground, it shall be deemed that no intention to state opinions exists.
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 Article 53 (Report or Inspection on Telecommunications Facilities and Equipment)   print
"Cases prescribed by Presidential Decree" in Article 45 (1) of the Act means any of the following cases:
1. Cases where necessary for the formulation and execution of policies on telecommunications;
2. Cases where necessary to ascertain whether installation and operation of telecommunications facilities and equipment are appropriate;
3. Cases where necessary to secure sufficient communications in a state of national emergency, disasters and calamities.
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 Article 54 (Delegation or Entrustment of Authority)   print
(1) The Korea Communications Commission shall delegate the authority under the following subparagraphs to the Director General of the Radio Research Agency pursuant to Article 46 (1) of the Act:
1. Type approval of telecommunications equipment and materials pursuant to Article 33 (1) of the Act;
2. Designation, inspection, cancellation, suspension of business and supervision of a designated testing agency pursuant to Article 33-2 of the Act;
3. Termination of type approval pursuant to Article 34-2 of the Act;
4. Cancellation of type approval or the suspension of production of products pursuant to Article 35 (1) of the Act and other necessary measures;
5. Business concerning an examination or a test of telecommunications equipment and materials pursuant to Article 36 (2) of the Act (only applicable to telecommunications equipment and materials for which type approval has been obtained pursuant to the main sentence of Article 33 (1) of the Act);
6. Orders to destruct or recall telecommunications equipment and materials pursuant to Article 36 (3) of the Act (only applicable to telecommunications equipment and materials on which type approval has not been marked, in violation of Article 33 (4) of the Act, or which have been decided as defective products as a result of an examination or a test pursuant to Article 36 (2) of the Act);
7. A hearing pursuant to Article 45-2 of the Act;
8. Imposition and collection of fines for negligence pursuant to Article 53 (2) of the Act on and from persons falling under Article 53 (1) 6, 7 and 8 of the Act (only applicable to those who refuse, interfere with or evade an examination or a test on telecommunications equipment and materials for which type approval has been obtained pursuant to the main sentence of Article 33 (1) of the Act).
(2) The Korea Communications Commission shall delegate the authority under the following subparagraphs to the Director General of the Central Radio Management Office pursuant to Article 46 (1) of the Act: <Amended by Presidential Decree No. 20896, Jul. 3, 2008>
1. Receipt of a report of installation of private telecommunications facilities and equipment and receipt of a report of change thereon pursuant to Article 20 (1) of the Act;
2. Confirmation pursuant to Article 20 (3) of the Act;
3. Orders to any person who has installed private telecommunications facilities and equipment to conduct telecommunications business or to connect his/her private telecommunications facilities and equipment to another telecommunications facilities and equipment pursuant to Article 22 (1) of the Act;
4. Corrective orders to any person who has installed private telecommunications facilities and equipment pursuant to Article 23 (1) of the Act;
5. Orders to suspend to use, remodel or repair private telecommunications facilities and equipment pursuant to Article 23 (2) and (3) of the Act;
6. Imposition and recall of penalty surcharges pursuant to Article 24 of the Act;
7. An examination or a test on whether telecommunications facilities and equipment meet technical standards pursuant to Article 25 (5) of the Act;
8. Corrective measures against an installer of telecommunications facilities and equipment pursuant to Article 27 of the Act or other necessary measures;
9. An examination of telecommunications equipment and materials pursuant to Article 36 (2) of the Act (only applicable to telecommunications equipment and materials for which type approval has not been obtained, in violation of the main sentence of Article 33 (1) of the Act);
10. Orders to destroy or recall telecommunications equipment and materials pursuant to Article 36 (3) of the Act (only applicable to telecommunications equipment and materials for which type approval has not been obtained, in violation of the main sentence of Article 33 (1) of the Act);
11. Receipt of a report and an examination on any person who has installed telecommunications facilities and equipment pursuant to Article 45 (1) of the Act;
12. Orders to remove illegal telecommunications facilities and equipment pursuant to Article 45 (2) of the Act and other necessary measures;
13. Imposition and recall of fines for negligence pursuant to Article 53 (2) of the Act on and from persons falling under Article 53 (1) 1 through 5 and 8 (only applicable to those who refuse, interfere with or evade an examination or a test on telecommunications equipment and materials for which type approval has not been obtained, in violation of the main sentence of Article 33 (1) of the Act), 9 or 10 of the Act.
law view
 Article 54-2 (Re-examination of Regulations)   print
The Minister of Knowledge Economy shall examine, by no later than December 31, 2012, whether calculation standards of contributions, reduction and exemption and additional charges, etc. under Articles 7 through 9 are appropriate and take measures, such as abolition, relaxation, maintenance, etc. of such standards.
[This Article Newly Inserted by Presidential Decree No. 21626, Jul. 7, 2009]
law view
 Article 55 (Fines for Negligence)   print
(1) Where the Korea Communications Commission imposes a fine for negligence pursuant to Article 53 (2) of the Act, it shall investigate and confirm the relevant offense and give a notice, in writing, to a person subject to a disposition of a fine for negligence, stating the violation and the method of and the period for raising an objection.
(2) When the Korea Communications Commission intends to impose a fine for negligence pursuant to paragraph (1), it shall provide an opportunity to state one's views orally or in writing to a person subject to disposition of a fine for negligence within a fixed period not exceeding ten days. In such cases, when a statement of his/her views is not made by the specified date, he/she shall be deemed to have no views.
(3) When the Korea Communications Commission determines an amount of a fine for negligence, it shall consider the motive for the relevant offense and the result thereof or such.
(4) Fines for negligence shall be collected in accordance with procedures for the collection of revenue referred to in the Acts and subordinate statutes on management of national funds. In such cases, the method of and period for raising an objection shall be stated together in a payment notice.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 3 (Relation with other Acts and Subordinate Statutes)
Where the Enforcement Decree of the Framework Act on Telecommunications, the Enforcement Rules of the Framework Act on Telecommunications or the provisions thereof are cited by other Acts and subordinated statutes as at the time this Decree enters into force, when the provisions corresponding thereto exist in this Decree, this Decree or the relevant provisions of this Decree shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA<Presidential Decree No. 20896, Jul. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM<Presidential Decree No. 21224, Dec. 31, 2008>
This Decree shall enter into force on January 1, 2009.
ADDENDUM<Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.