TELECOMMUNICATIONS BUSINESS ACT

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1 TELECOMMUNICATIONS BUSINESS ACT CHAPTER 0: GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Act is to contribute to the promotion of public welfare by encouraging sound development of telecommunications business and ensuring convenience to the users of telecommunications service through proper management of such business. Article 2 (Definitions) (1) For the purpose of this Act, <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5385, Aug. 28, 1997> 1.the term "telecommunications business operator" means a person who provides telecommunications service with holding the relevant license or making a registration or report under this Act; and 2.the term "user" means a person who has made a contract for the use of any telecommunications service with the relevant telecommunications business operator. 3. the term universal service means a basic telecommunication service which anyone within Korean territory can use regardless of time, place with a rational charge. (2) The terms used in this Act shall have be the same as defined in the Framework Act on Telecommunications, if not separately defined in the above paragraph (1). Article 3 (Duty of Providing Services, etc.) (1) A telecommunications business operator shall not refuse to provide any telecommunications service, without justifiable reasons. (2) A telecommunications business operator shall guarantee fairness, timeliness and accuracy in performing his business. (3) A telecommunications service fee shall be reasonably determined so as to ensure the development of telecommunications business and to provide the users with various and convenient telecommunications services in a fair and less costly way. Article 3-2 (Duty of Universal Service) (1) All telecommunication service providers(operator) are obliged to contribute to

2 providing universal service. (2) The detailed contents will be decided by considering the following facts 1. The progress of information and communications technology 2. The spread of telecommunications services 3. Public interest and security 4. To promote social welfare 5. To promote informatization (3) The detailed contents, service providers, the measure to build a fund for the compensation in providing the service. CHAPTER 1: TELECOMMUNICATIONS BUSINESS SECTION 1 General Provisions Article 4 (Classification of Telecommunications Businesses, etc.) (1) The telecommunications businesses shall be classified into a facilitiesbased telecommunications business, a specific telecommunications business and a value-added telecommunications business. <Amended by Act No. 5385, Aug. 28, 1997> (2) The facilities-based telecommunications business shall be the business to install telecommunications line facilities, and thereby provide telecommunications services such as telegraph and telephone service (hereinafter referred to as the "facilities-based telecommunications services"), the types and contents of which are determined by the Ordinance of the Ministry of Information and Communication, in consideration of public interest, overall industrial effect and necessity for steadily providing services. <Amended by Act No. 5220, Dec. 30, 1996> (3) The categories of specific telecommunications business shall be composed of: <Newly Inserted by Act No. 5385, Aug. 28, 1997> 1.Business which provides any facilities-based telecommunications service by using telecommunications line facilities, etc. of a person who holds a license for facilities-based telecommunications business referred to in Article 5 (hereinafter referred to as a "facilities-based telecommunications business operator"); and

3 2.Business which, installing or using telecommunications facilities in any premise determined by the Ordinance of the Ministry of Information and Communication, provides any telecommunications service therein. (4) The value-added telecommunications business shall be the business which leases telecommunications line facilities from a licensed facilities-based telecommunications business operator and provides any telecommunications business service not falling under the above paragraph (2)(hereinafter referred to as the "value-added telecommunications service"). <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997> [This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] SECTION 2 Facilities-based Telecommunication Business Article 5 (License of Facilities-based Telecommunication Business Operator, etc.) (1) The person who wishes to run a facilities-based telecommunication business shall obtain a license from the Minister of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996> (2) The Minister of Information and Communication shall refer to the deliberations of the Information-Communication Policy Deliberation commission under Article 44-2 of the Framework Act on Telecommunication in case of the license of the above paragraph (1): Provided, That this shall not apply to the licence of miscellaneous business matters prescribed by the Ordinance of Ministry of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996> (3) The Minister of Information and Communication shall take the following subparagraphs into overall considerations, in case of the license of the above paragraph (1): <Amended by Act No. 5220, Dec. 30, 1996> 1.Feasibility of a supply plan of facilities-based telecommunication services; 2.Reasonableness of the scope of telecommunication facilities; 3.Financial and technical capacity; 4.Performance of technical development related to facilities-based telecommunication services to be provided; 5.Technical development plan related to facilities-based telecommunication services;

4 6.Assistance plan for technical development for promoting telecommunication; and 7.Other necessary matters for the execution of business. (4) The Minister of Information and Communication shall determine detailed examination criteria, application procedure and period for license, as to each examination subparagraphs of the above paragraph (3), and shall make public notices of them. <Amended by Act No. 5220, Dec. 30, 1996> (5) The Minister of Information and Communication may put necessary conditions on supply of services, research and development for telecommunication industry development, etc., in case of licensing the facilities-based telecommunication business of the above paragraph (1). <Amended by Act No. 5220, Dec. 30, 1996> (6) The subject of the license of the above paragraph (1) shall be limited to a juristic person. (7) The licensing procedures of the above paragraph (1) and other necessary matters shall be determined by the Ordinance of Ministry of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996> [This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] Article 6 (Disqualifications for License) The person falling under any of the following subparagraphs shall not obtain a license of the facilities-based telecommunications business under Article 5: <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997> 1.A foreign government or foreign juristic person; 2.Deleted; <by Act No. 5385, Aug. 28, 1997> 3.A juristic person in which (limited to voting stocks, but including an investment equity; hereinafter the same shall apply) any one falling under any of the following items holds the stocks in excess of 49/100 of the total issued stocks: (a) A foreign government; (b) A foreigner; and (c) A juristic person in which a foreign government or foreigner holds the stocks of not lower rate than prescribed by the Presidential Decree.

5 6.A juristic person the largest stockholder(referring to the person who holds the highest percentage of voting stocks or investment equity; hereinafter the same shall apply) of which falls under any of the following items: (a) The State; (b) A local government; (c) A government-invested institution which is subject to the Framework Act on the Management of Government-Invested Institutions; and (d) A juristic person in which a person falling under any of items (a) through (c) above holds the stocks in excess of 50/100 of the total issued stocks 7.through 9. Deleted. <by Act No. 5220, Dec. 30, 1996> [This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] Article 6-2 (Qualifications of Officers) The person falling under any of the following subparagraphs may not serve as the officer of a facilities-based telecommunications business operator: <Amended by Act No. 5385, Aug. 28, 1997> 1.A person who has been declared as incompetent, quasi-incompetent, or bankrupt by a court, but remains not reinstated; 2.A person who has been sentenced to a penal fine or heavier punishment for violations of this Act, the Framework Act on Telecommunications, the Radio Waves Act or the Act on Expansion of Dissemination and Promotion of Utilization of Information System, and for whom three years have not passes since the termination of execution of the sentence or the confirmation of non-execution of the sentence, or who is under the suspension of the sentence execution; and 3.A person for whom three years have not passed since his license was cancelled under Article 15 (1) or since his registration was cancelled under Article 28 (1) or he received an order for closedown of business under paragraph (2) of the same Article. In case of a juristic person, the person who performed an action which caused cancellation of license, cancellation of registration or order for closedown of business and its representative. [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 7 (Restrictions on Holders of Excessive Stocks, etc.)

6 (1) When any stockholder of a licensed facilities-based telecommunications business operator under Article 5 (1) falls under the provisions of subparagraphs 3 through 6 of Article 6, he shall not exercise voting rights vested in the stocks or excess portion thereof held by him, as the case may be. (2) When a facilities-based telecommunications business operator or stockholder thereof falls under any of the subparagraphs of Article 6, then the Minister of Information and Communication may issue correction orders for the concerned matters to the said operator or stockholders thereof, by specifying the period not exceeding six months. <Amended by Act No. 5220, Dec. 30, 1996> (3) If a correction order is issued under the above paragraph (2), the relevant facilities-based telecommunications business operator or stockholder thereof shall correct the concerned matters within the specified period. (4) A facilities-based telecommunications business operator may deny the alteration of the register of members or list of employees concerning ownership portion or excessively owned portion to the stockholders falling under the provisions of subparagraphs 3 through 6 of Article 6. [This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] Article 8 (Issuance of Stocks) A facilities-based telecommunications business operator shall issue registered stocks, in case of issuance of stocks. <Amended by Act No. 4903, Jan. 5, 1995> Article 9 (Duties of Commencing Business) (1) A facilities-based telecommunications business operator shall install telecommunications facilities and commence the business within the period as prescribed by the Ordinance of the Ministry of Information and Communication. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> (2) The Minister of Information and Communication may extend the period of commencement only once, based on the applications of the facilities-based telecommunication business operator in case of not being able to commence business within the period of the above paragraph (1) due to natural disasters and other unavoidable reasons. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> Article 10 (Addition of Service and Change in License)

7 (1) when the facilities-based telecommunication business operator(provider) wished to add facilities-based services to the already(existing) licenced facilities-based services, he shall obtain the permission for changes prescribed by the ordinance of Minister of Information and Communication. But a facilities-based service provider who already provides a telephone service wishes to add other facilities-based service prescribed in the ordinance of Minister of Information and Communication without causing any trouble to the existing services and adding any facility, he shall report to Minister of Information and Communication. (2) The facilities-based service provider shall get the permission of the Minister when he wishes to change any important matter prescribed by the Ordinance of the Minister among the already licenced matters according to the Ordinance of the Minister. (3) The provisions of Article 5 (5) and Article 9 shall be applied to the permission to change according to the paragraph (1). Article 11 (Cross-Ownership of Business) (1) The facilities-based telecommunication business operator shall obtain the approval from the Minister of Information and Communication, in case of running a business other than that of telecommunication: Provided, That this shall not apply to the business prescribed by the Presidential Decree. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> (2) The Minister of Information and Communication shall approve the above paragraph (1), when it is believed that the facilities-based telecommunication business operator does not cause any impediments to the operation of telecommunication service by running the business of the above paragraph (1) and that such is necessary for the development of telecommunication. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> Article 12 (Commission of Services) When it is deemed necessary for operation of the telecommunication business, the facilities-based telecommunication business operator may commission the part of the services to any other person for performance of telecommunication service after reporting first to the Minister of Information and Communication: Provided, But in case of national emergency telecommunication network and national basic information system, he shall get the permission of the Minister.<Amended by Act No. 5564, Sep. 17, 1998; Act No. 5220, Dec. 30, 1996> Article 13 (Transfer, Acquisition of Business and Merger of Juristic Persons) (1) (1)When the person wishes to acquire the whore or part of business of other

8 facilitated-based provider or to merge a juristic person of other facilitated-based provider, he shall get the authorization of the Minister according to the Ordinance of the Minister <Amended by Act No. 4903, Jan. 5, 1995; Amended by Act No. 5564, Sep. 17, 1998> (2) When the facilitated-based service provider intends to establish a juristic person in order to provide some of the plurally licenced facilities-based businesses, he shall get the permission of the Minister according to the ordinance of the Minister. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> (3) The person who acquired the telecommunication business, the existing juristic person after merger or the newly founded juristic person through merger according to the above paragraph (1) and the juristic person established with authorization of the above paragraph (2) shall succeed to the status related to the licence of the concerned facilities-based service. <Amended by Act No. 4903, Jan. 5, 1995> (4) When the Minister intends to give his authorization according to the above paragraph (1), in advance he shall receive the deliberation of the Information and Communications Policy Deliberation Council established by the Article 44-(2) of Framework Act on Telecommunications. (5) The Article 6 shall be applied to the authorization with the above paragraph (1) and the permission with the above paragraph (2). Article 14 (Suspension, Closedown of Business or Dissolution of Juristic Persons, etc.) (1) The facilities-based telecommunication business operator shall obtain the approval from Minister of Information and Communication in case of suspension or discontinuance of the whole or part of the facilities-based telecommunication business. <Amended by Act No. 5220, Dec. 30, 1996> (2) The dissolution decision of a juristic person and the consent on dissolution by all employees in case the juristic person is the facilitiesbased telecommunication business operator shall be approved by the Minister of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996> (3) The Minister of Information and Communication shall not approve nor authorize the application for approval and authorization from the above paragraph (1) or (2), when public interests may be harmed by the suspension or discontinuance of such a business or by dissolution of a juristic person. <Amended by Act No. 5220, Dec. 30, 1996> [This Article Wholly Amended by Act No. 4903, Jan. 5, 1995]

9 Article 15 (Cancellation of License, etc.) (1) The Minister of Information and Communication may cancel the license or give suspension orders of the whole or part of the business within a designated period of no more than one year when the facilities-based telecommunications business operator falls under any of the following subpar agraphs: <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> 1.In case of obtaining a license by deception or other illegitimate manners; 2.In case of not complying with the conditions under Article 5 (5); 3.In case of not following the orders under Article 7 (2); 4.In case of not commencing business within the period under Article 9 (1) (in case of extending the period under Article 9 (2), an extended period); 5.In case of not complying with the standardized contract for users that is authorized or reported under Article 29 (1); and 6.In case of violations against this Act, the Framework Act on Telecommunications, the Radio Waves Act, the Act on Expansion of Dissemination and Promotion of Utilization of Information System, the Framework Act on Informatization Promotion or orders under these Acts. (2) The criteria and procedures for measures, and other necessary matters of the above paragraph (1) shall be determined by the Ordinance of Ministry of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996> Articles 17 and 18 Deleted. <by Act No. 4903, Jan. 5, 1995> SECTION 4 Specific Telecommunications Business and Value-Added Telecommunications Business Article 19 (Registration of Specific Telecommunications Business Operator) (1) Any person who intends to provide a specific telecommunications service shall register the following matters with the Minister of Information and Communication under the conditions as determined by the Ordinance of the Ministry of Information and Communication: 1.Finances and technical capacity;

10 2.User protection plan; and 3.Other matters such as a business project as determined by the Ordinance of the Ministry of Information and Communication. (2) When the Minister of Information and Communication deals with a registration of the business of a specific telecommunications service referred to in paragraph (1), he may, if necessary, set any condition either to the providing of services, or to R & D for the progress of the telecommunications industry. (3) Only juristic persons are eligible to be registered as a specific telecommunications business operator referred to in paragraph (1). (4) The procedures and requirements for registration referred to in paragraph (1) or other necessary matters shall be determined by the Ordinance of the Ministry of Information and Communication. [This Article Newly Inserted by Act No. 5385, Aug. 28, 1997] Article 20 (Prohibition of Forcing Third Person to Use Telecommunications Facilities in Premises) Any person who operates business listed in Article 4 (3) 2 or an owner or lessor of buildings or establishments in the premises of which telecommunications facilities are installed shall not force a third person to use telecommunications facilities installed in the premises. [This Article Newly Inserted by Act No. 5385, Aug. 28, 1997] Article 21 (Report of Value-Added Telecommunications business operator, etc.) The person intending to run a value-added telecommunications business shall report to the Minister of Information and Communication, as prescribed by the Presidential Decree: Provided, That this shall not apply to the case in which the facilities-based telecommunications business operator runs a value-added telecommunications business and to other minor businesses prescribed by the Presidential Decree. <Amended by Act No. 5220, Dec. 30, 1996> [This Article Wholly Amended by Act No. 4903, Jan. 5, 1995] Article 22 (Change of Registered or Reported Matters) Where a person who is registered as a specific telecommunications business operator

11 under Article 19 (hereinafter referred to as a "specific telecommunications business operator") or has made report so as to be a value-added telecommunications business operator under Article 21 (hereinafter referred to as a "value-added telecommunications business operator") intends to change such any of registered or reported matters as determined by the Ordinance of the Ministry of Information and Communication, he shall, in advance, make a registration or report of said matter to be changed to the Minister of Information and Communication pursuant to the relevant provisions of the said Ordinance. [This Article Wholly Amended by Act No. 5385, Aug. 28, 1997] Article 23 Deleted. <by Act No. 4903, Jan. 5, 1995> Article 24 (Disqualifications for Specific Telecommunications business operator and its Officer) (1) Any person for whom two years have not elapsed since his licence was cancelled under Article 15 (1) or since his registration was cancelled under Article 28 (1) or an order for closedown of business was issued to him under paragraph (2) of the same Article shall not make a registration as a specific telecommunications business operator referred to in Article 19 (1). (2) No person who falls under any of the following subparagraphs shall be disqualified for the officer of a specific telecommunications business operator: 1.Any person who has been declared as incompetent, quasi-incompetent, or bankrupt by court, but remains not reinstated; 2.Any person who has been sentenced to imprisonment without prison labor or heavier punishment in violation of this Act, the Framework Act on Telecommunications, the Radio Waves Act or the Act on Expansion of Dissemination and Promotion of Utilization of Information System, and for whom two years have not elapsed since the termination of execution of the sentence (including the case where the execution is deemed to have been terminated) or the confirmation of non-execution of the sentence, or who is under the suspension of the sentence execution; 3.Any person who has been sentenced to a fine in violation of this Act, the Framework Act on Telecommunications, the Radio Waves Act or the Act on Expansion of Dissemination and Promotion of Utilization of Information System and for whom two years have not elapsed; and 4.Any person for whom two years have not elapsed since his license was cancelled under Article 15 (1), or since his registration was cancelled under Article 28 (1) or an

12 order for closedown of business was issued to him under paragraph (2) of the same Article. In case of a juristic person, any person who has performed an action to cause a cancellation of license, cancellation of registration, or order of closedown of business and his representative. [This Article Newly Inserted by Act No. 5385, Aug. 28, 1997] Article 24-2 (Disqualifications for Value-Added Telecommunications Business Operator) (1) The person falling under any of the following subparagraphs shall not be qualified for a value-added telecommunications business operator: <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5385, Aug. 28, 1997> 1.A person who has been declared as incompetent, quasi-incompetent, or bankrupt by court, but remains not reinstated; 2.A person who is sentenced to a fine or severer punishment in violation of this Act, the Framework Act on Telecommunications, the Radio Waves Act, or the Act on Dissemination of Expansion and Promotion of Utilization of Information System and for whom two years have not elapsed since the execution of the sentence was terminated or the final decision on non-execution of the sentence was made, or who is under the suspension of the sentence execution; 3.A person for whom two years have not elapsed since his license was cancelled under Article 15 (1), or since his registration was cancelled under Article 28 (1) or an order for closedown of business was issued to him under paragraph (2) of the same Article; and 4.A juristic person any of the officers of which falls under any of subparagraphs 1 through 3 above. (2) Deleted. <by Act No. 4903, Jan. 5, 1995> Article 25 (Transfer, Acquisition of Business, etc.) In cases of transfer or acquisition of the whole or part of a specific telecommunications business or a value-added telecommunications business or merger or inheritance of juristic persons which are specific telecommunications business operators or value-added telecommunications business operators, the person acquiring the business, the existing juristic person after merger, juristic person founded by merger or the inheritor shall make a registration or report to the Minister of Information and Communication, pursuant to the Ordinance of Ministry of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996; Act No.

13 5385, Aug. 28, 1997> Article 26 (Succession of Business) In cases of transfer or acquisition of a specific telecommunications business or a value-added telecommunications business, merger of juristic persons which are specific telecommunications business operators or value-added telecommunications business operators, or succession of a value-added telecommunications business under Article 25, then the person acquiring the business, the existing juristic person after merger, the juristic person founded by merger or the inheritor shall succeed the status of the former specific telecommunications business operator or value-added telecommunications business operator. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5385, Aug. 28, 1997> Article 27 (Suspension, Closedown of Business, etc.) (1) Where a specific telecommunications business operator or a value-added telecommunications business operator intends to suspend or close down the whole or part of his business, he shall notify the users of the services of the contents no later than thirty days prior to the date of the planned suspension or closedown and report to the Minister of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997> (2) Where a juristic person which is a specific telecommunications business operator or a value-added telecommunications business operator is dissolved for reasons other than a merger, the liquidators (referred to the trustee in bankruptcy, when it is dissolved by bankruptcy) shall report without delay this to the Minister of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997> Article 28 (Cancellation of Registration and Order of Closedown of Business) (1) Where a specific telecommunications business operator falls under any of the following subparagraphs, the Minister of Information and Communication may cancel his registration, or may suspend his business by specifying the period of not more than one year: Provided, That where such a provider falls under subparagraph 1or 4, the Minister of Information and Communication shall cancel his registration: <Newly Inserted by Act No. 5385, Aug. 28, 1997> 1.Where he makes a registration by falsehood or other illegal means; 2.Where he fails to commence the business within one year from the date on which a registration was made pursuant to Article 19 (1) or cease to operate the business for not less than one year on end;

14 3.Where he fails to meet the conditions referred to Article 19 (2); 4.Where any officer falls under any of subparagraphs of Article 24 (2): Provided, That this shall not apply in case where that officer is replaced within three months; 5.Where he fails to comply with an order of correction referred to in Article 65 (1) without any justifiable reason; 6.Where he fails to comply with an order referred to in Article 7 (2) which applies mutatis mutandis under Article 6 (2) of the Addenda; and 7.Where he violates this Act, the Framework Act on Telecommunications, the Radio Waves Act, the Act on Dissemination of Expansion and Promotion of Utilization of Information System or the Framework Act on Informatization Promotion, or he violates an order issued under any of such Acts. (2) Where a value-added telecommunications business operator falls under any of the following subparagraphs, the Minister of Information and Communication may issue an order for the closedown or suspension of the business to him, by specifying the period of not more than one year: Provided, That where such a provider falls under subparagraph 1 or 3, the Minister of Information and Communication shall issue an order for the closedown of the business to him : <Amended by Act No. 4903, Jan 5, 1995; Act No. 5220, Dec. 30, 1996> 1.In case he makes report in a deceitful or other illegal manner; 2.In case he does not commence the business not later than one year from the reporting date under Article 21 or in case he ceases to operate the business for not less than one year; 3.In case he falls under any subparagraph of Article 24-2: Provided, That this shall not apply to a juristic person falling under subparagraph 4 of Article 24 if the officer in question of that juristic person is replaced within three months; 4.In case he complies with a correction order under Article 65 (1) without due reason; and 5.In case of violations against this Act, the Framework Act on Telecommunications, the Radio Waves Act, the Act on Dissemination of Expansion and Promotion of Utilization of Information System, Framework Act on Informatization Promotion or an order issued under any of such Acts. (3) The criteria and procedures for measures taken under paragraph (1) or (2) above,

15 and other necessary matters shall be determined by the Ordinance of the Ministry of Information and Communication. <Amended by Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997> CHAPTER 2: TELECOMMUNICATIONS SERVICE Article 29 (Report of Standardized Contract for Users, etc.) (1) The facilities-based telecommunications business operator shall determine telecommunications fees and other terms for use according to each telecommunications service to be provided (hereinafter referred to as the "standardized contract for users") and report them (inclusive of the report of change) to the Minister of Information and Communication: Provided, That in case of the facilities-based telecommunications service the scope of business and market share of which meets the standard set out by the Ordinance of the Ministry of Information and Communication, the authorization of the Minister of Information and Communication (inclusive of the authorization of changes) shall be obtained. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> (2) Deleted. <by Act No. 5385, Aug. 28, 1997> (3) The Minister of Information and Communication shall authorize the standardized contract for users referred to in the proviso of paragraph (1), if such contract falls under the following subparagraphs: <Amended by Act No. 5220, Dec. 30, 1996> 1.That the telecommunications service fee shall be proper, fair and reasonable; 2.That the computing methods for telecommunications service fee shall be proper and clear; 3.That responsibility matters of the facilities-based telecommunications business operator and the users, along with the cost-sharing methods regarding installation construction of the telecommunications facilities and other construction shall be proper and clear; 4.That the use of the telecommunications line facilities by other telecommunications business operators or users shall not be unduly restricted; 5.That undue discriminatory treatment shall not be made to specific persons; and 6.That the matters on securing important telecommunications under Article 55 shall be adequately considered.

16 (4) The Minister of Information and Communication may make temporalauthorization for a standardized contract for users when the need to provide telecommunications service on a trial basis is acknowledged in spite of the provisions of paragraph (1). <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996> (5) If a specific telecommunications business operator or a value-added telecommunications business operator makes use of the facilities-based telecommunications business operator's telecommunications line facilities, then the standardized contract for users, pursuant to the provisions of paragraph (1) shall apply with respect to the use of telecommunications line facilities. <Amended by Act No. 5385, Aug. 28, 1997> Article 30 (Change of Standardized Contract for Users, etc.) (1) The Minister of Information and Communication may order a change of the standardized contract for users to the telecommunications business operator within considerable time specified when such contract of the telecommunications business operator becomes unduly reasonable due to changes of social or economic situations and are acknowledged as detrimental to the enhancement of public interests. <Amended by Act No. 5220, Dec. 30, 1996> (2) The telecommunications business operator shall change the standardized contract for users concerned within the specified period, in case of such change orders of the above paragraph (1). Article 31 (Public Notice of Standardized Contract for Users, etc.) (1) The facilities-based telecommunications business operator shall make public notices of the authorized or the reported standardized contract for users under Article 29 (1). This shall apply to the case in which a specific telecommunications business operator has laid down the standardized contracts for users on telecommunications services or the value-added telecommunications business operator, regarding the value-added telecommunications service, has determined the standardized contract for users. <Amended by Act No. 4903, Jan. 5, 1995; Act No. 5220, Dec. 30, 1996; Act No. 5385, Aug. 28, 1997> (2) The telecommunications business operator shall furnish users with the standardized contract for users under the above paragraph (1) for perusal and put up notices of major contents from the standardized contract for users at business offices of telecommunications business operator and other easily accessible places of users. Article 32 (Reduction or Exemption of Fee) The facilities-based telecommunications business operator may reduce or exempt

17 telecommunications service fee, as determined by the Presidential Decree. Article 32-2 (Restriction on Use by Others) No person shall mediate communications of others or provide communications for others by using the telecommunications services supplied by the telecommunications business operator: Provided, That this shall not apply to the case which is prescribed by the Presidential Decree. [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 32-3 (Applicable Provisions concerning Person who Installed Private Telecommunications Facilities) The provisions of Articles 29 through 32, 33, and 36-3 through 37-2 shall apply mutatis mutandis to the person who installed the private telecommunications facilities with approval from the Minister of Information and Communication pursuant to the provisions of Article 21 (1) 3 of the Framework Act on Telecommunications. [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 32-4 (Use of Transmission Line Facilities, etc.) (1) The person possesses the transmission line facilities under the Composite Cable Broadcasting Act or the cable broadcasting facilities under the Management of Cable Broadcasting Act which meet the standards set out by the Ordinance of the Ministry of Information and Communication may provide the facilities to the facilities-based telecommunication business operator pursuant to the provisions of the Presidential Decree. (2) When the person who possesses the transmission line facilities under the Composite Cable Broadcasting Act (the composite cable broadcasting company under the Composite Cable Broadcasting Act shall be deemed as the person possessing the transmission line facilities) or the cable broadcasting facilities under the Management of Cable Broadcasting Act wishes to provide a value-added telecommunication services using the transmission line facilities or cable broadcasting facilities, a report shall be made to the Minister of Information and Communication pursuant to the provisions of Article 21. (3) The provisions of Articles 33-5 through 37-2 shall be applicable mutatis mutandis to the transmission line facilities or cable broadcasting facilities pursuant to the provisions of paragraph (1). (4) The provisions of Article 25 (2) through (6) of the Framework Act on

18 Telecommunications shall be applicable mutatis mutandis to the supply of service pursuant to the provisions of paragraph (2). [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 33 (Protection of Users) (1) The telecommunication business operator shall devise necessary measures such as establishment and operation of civil petitions service organizations, and others for the protection of its users. (2) The telecommunication business operator shall make prompt actions about the reasonable opinions or dissatisfactions raised by users on telecommunication service. In this case, if it is difficult to take prompt actions, then the reason thereof and the action dates shall be notified to users. (3) The indemnity for the damage that gave reasons for such opinions or dissatisfactions of the above paragraph (2) and for delayed action thereof shall be made pursuant to Article <Amended by Act No. 5220, Dec. 30, 1996> Article 33-2 (Damages) The telecommunication business operator shall make appropriate damages if injuries are suffered by the users in the course of providing telecommunication services: Provided, That if such injuries are the result of force majeure, or of intention or negligence on the part of the users, the damages shall be reduced or exempted. [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 33-3 (Request for Ruling and Procedures for Damages and Compensation for Actual Expenses) (1) In case of damages, pursuant to the provision of Article 33-2 or compensation for actual expenses pursuant to the provision of Article 46, consultations with the recipient of damages or compensation for actual expenses shall be made. (2) If no consultation concerning damages or compensation for actual expenses pursuant to the provision of paragraph (1) has been or could have been made, then the parties may request the communications commission (hereinafter referred to as the "communications commission) for ruling pursuant to Article 37 of the Framework Act on Telecommunications. [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996]

19 CHAPTER 3: PROMOTION OF COMPETITION AMONG THE TELECOMMUNI-CATION SERVICE PROVIDER Article 33-4 (Promotion of Competition) The Minister of Information and Communication shall try to construct an efficient competition system and to promote fair competitive environment in telecommunication service. [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 33-5 (Provision of Telecommunication Facilities) (1) The facilities-based telecommunication business operator by agreement may provide the telecommunication facilities upon the request made by other facilities-based telecommunication service supply concerning the provision of telecommunication facilities. (2) The Minister of Information and Communication shall determine and publicly notify the scope of telecommunication facilities, the conditions, procedures and methods for the supply of facilities, and standards for calculation of compensation pursuant to paragraph (1). (3) The facilities-based telecommunication business operators who have been provided with the telecommunication facilities may install items which could enhance the efficiency of the facilities within the limit necessary for the provision of the licensed telecommunication service. (4) The Minister of Information and Communication shall undergo the review of the communications commission when determining the standards pursuant to the provision of paragraph (2). [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 34 (Interconnection of Telecommunication Facilities, etc.) (1) The telecommunication business operator may allow interconnection by concluding an agreement upon a request by other providers concerning the interconnection of telecommunication facilities. (2) The Minister of Information and Communication shall determine and publicly notify the scope, conditions, procedures and methods for the interconnection of telecommunication facilities, and standards for calculation of compensation pursuant

20 to paragraph (1). (3) Notwithstanding the provisions of paragraphs (1) and (2), the facilities-based telecommunication business operators who fall under any of the following subparagraphs shall allow the interconnection by concluding an agreement upon a request pursuant to the provisions of paragraph (1): 1.The facilities-based telecommunication business operators who possess essential facilities for the supply of telecommunication services by other telecommunication business operators; and 2.The facilities-based telecommunication business operators who satisfy the standards concerning business scale and market share as determined by the Ordinance of the Ministry of Information and Communication. (4) The Minister of Information and Communication shall undergo a review of the communications commission when determining the standards pursuant to paragraph (2). [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 34-2 (Values of Interconnection) (1) The compensation for the use of interconnection shall be calculated fairly and properly, and deducted from each other's accounts. The details concerning standards for such calculation, procedure and methods shall be governed by the provisions of Article 34 (2). (2) The facilities-based telecommunication business operators may deduct the compensation for the use of interconnection service from each other's accounts if they unfairly suffer without fault of their own from the method of interconnection, quality of connection and provision of information necessary for interconnection according to the standards established pursuant to the provisions of Article 34 (2). [This Article Newly Inserted by Act No. 5220, Dec. 30, 1996] Article 34-3 (Joint Use of Telecommunications Facilities) (1) The facilities-based telecommunications business operators may allow the access to or joint use of the telecommunications facilities by an agreement upon a request by other telecommunications business operators for the access to or joint use of such facilities as pipes, cables, poles, and stations for the establishment or operation of facilities necessary for interconnection.

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