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Laws of the Republic of Korea |
BROADCASTING ACT
Act No. 6139, Jan. 12, 2000
Amended by Act No. 6690, Apr. 20, 2002
Act No. 6803, Dec. 18, 2002
Act No. 6869, May 10, 2003
Act No. 6905, May 29, 2003
Act No. 7188, Mar. 11, 2004
Act No. 7190, Mar. 12, 2004
Act No. 7213, Mar. 22, 2004
Act No. 7370, Jan. 27, 2005
Act No. 7498, May 18, 2005
Act No. 7655, Aug. 4, 2005
Act No. 7815, Dec. 30, 2005
Act No. 8050, Oct. 4, 2006
Act No. 8060, Oct. 27, 2006
Act No. 8101, Dec. 28, 2006
Act No. 8301, Jan. 26, 2007
Act No. 8568, Jul. 27, 2007
Act No. 8867, Feb. 29, 2008
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to promote the protection of the rights and interests of the viewers, the formation of the democratic public opinion and the improvement of the national culture, and to contribute to the development of broadcasting and advancement of public welfare by guar- anteeing the freedom and independence of broadcasting and by enhancing the public responsibility of broadcasting. Article 2 (Definitions of Terms)
The definitions of terms as used in this Act shall be as follows:
(c) Data broadcasting: Broadcasting (excluding the cases of providing or mediating
2
through communication network, such as the Inter- net; hereinafter the same
shall apply) which transmits broadcast programs composed
of, mainly, the
data (referring to the letters, numerals, diagrams, graphs, images and other
information sys- tems), and of the
images, voices, sounds and their combinations
incidental thereto using the channels of the broadcasting busi- ness operators;
and
(d) Digital multimedia broadcasting: Broadcasting which transmits television
broadcasting, radio broadcasting and data broadcast-
ing in complexity using
multi-channels for the main purpose of receiving while moving;
2.The term "broadcasting business" means
the business of conducting broadcasts
which falls under the following items:
(a) Terrestrial broadcasting business: A business of managing and operating
wireless stations on the ground aimed for broadcasting,
and of conducting
broadcasts by using them;
(b) CATV broadcasting business: A business of managing and oper- ating CATV
broadcasting stations (referring to the cable broad-
casting station facilities
and the employees thereof in whole for conducting multi-channel broadcasts;
hereinafter the same shall
apply), and of conducting broadcasts by using
the transmission and line facilities;
(c) Satellite broadcasting business: A business of managing and operating wireless
stations by owning or leasing the wireless facil-
ities of artificial satellites,
and of conducting broadcasts by using them; and
(d) Program providing business: A business of using the relevant channel
by entering into a contract for exclusive use of whole
or part of time of
a specific channel with a terrestrial broadcasting business operator, a CATV
broadcasting business operator,
or a satellite broadcasting business operator;
3.The term "broadcasting business operator" means the person in each of the following
items:
(a) Terrestrial broadcasting business operator: A person who has ob- tained
a license under Article 9 (1) for operating a terrestrial
broadcasting business;
(b) CATV broadcasting business operator: A person who has obtained a license
under Article 9 (2) for operating
a CATV broadcasting business;
(c) Satellite broadcasting business operator: A person who has ob- tained a
license under Article
9 (1) for operating a satellite broad- casting business;
(d) Program providing business operator: A person who has regis- tered
or
obtained approval under Article 9 (5) for operating a program providing
business; and
(e) Community radio broadcasting business operator: A person who has obtained
a license under Article 9 (11) for operating radio
broadcasting for the purpose
of public interest at ten watt or lower antenna power;
4.The term "CATV relay broadcasting" means
receiving and relay- transmitting
(including the audio and video recordings which do not alter any broadcast pro-
3
grams) a terrestrial broadcast (referring to a broadcast done by using the wireless
stations on the ground aimed for broadcasting;
hereinafter the same shall apply),
a satellite broadcast (referring to a broadcast done by using the wireless stations
of arti-
ficial satellites; hereinafter the same shall apply) operated by the Korean
Broadcasting System under this Act and by a broadcasting
business operator
established under the Special Act, or a broadcast determined by the Presidential
Decree;
5.The term "CATV relay broadcasting business" means a business of conducting
CATV relay broadcasts;
6.The term "CATV relay broadcasting business operator" means a per- son who
has obtained a license under Article 9 (2) for operating
a CATV relay broadcasting
business;
7.The term "CATV music broadcasting" means a transmission of music recorded on
phonograms sold or distributed under the Sound Records,
Video Products, and Game
Software Act;
8.The term "CATV music broadcasting business" means a business of conducting
the CATV music broadcasts;
9. The term "CATV music broadcasting business operator" means a person who
has registered under Article 9 (5) for operating a CATV
music broadcasting
business;
10.The term "electric sign board broadcasting" means an act of presenting a broadcast
program including news reports on an electric
sign board at all times or continually
for a specified period of time;
11.The term "electric sign board broadcasting business" means a business of conducting
electric sign board broadcasts;
12.The term "electric sign board broadcasting business operator" means a person
who has registered under Article 9 (5) for operating
an elec- tric sign board
broadcasting business;
13.The term "signal transmission network business" means a business of installing
and operating cable or wireless signal transmission
and line facilities in order
to transmit the broadcast programs from CATV broadcasting stations to viewers;
14.The term "signal
transmission network business operator" means a person who
has registered under Article 9 (10) for operating a sig- nal transmission
network
business;
15.The term "broadcast programming" means an act of deciding the types, contents,
quantity, time, and arrangements of the broad-
casted items;
16.The term "broadcast field" means an area of broadcast programs classified into
news reports, culture and entertainment,
etc.;
17.The term "broadcast program" means the broadcast contents forming a unit of broadcast
programming;
4
18.The term "general programming" means an act of organizing the broad- cast programs
so as to form a mutual harmony between the
diverse broadcast fields such as
news reports, culture and entertainment, etc.;
19. The term "specialized programming" means an act of specially orga- nizing
broadcast programs of a particular broadcast field;
20. The term "pay broadcast" means a broadcast provided in return for a price
by several channel units, channels or broadcast programs
under a contract
with viewers;
20-2.The term "channel" means a unit of television broadcasting, radio broadcasting
or data broadcasting provided in the form of
continuous flow or information
system through the same frequency band;
21. The term "commercial broadcast" means a broadcast of contents aiming at
advertisements;
22.The term "announcement of sponsors" means an announcement of the names
or trade names, etc. of others after receiving from them
the expenses, goods,
services, manpower or places required directly or indirectly for the production
of a broadcast program;
23. The term "person in charge of broadcast programming" means the per- son
who makes the decisions concerning and takes the responsibility
for the broadcast
programming;
24.The term "news report" means programing a broadcast program of coverage
and report, reviews, commentaries, etc. for current events
with regard to overall
politics, economy, society, culture, etc. inside and outside Korea; and
25.The term "general watching and
listening right" means the right of the people
to watch and listen to the broadcasts of sports games and other major events
that
are greatly popular with them.
Article 3 (Protection of Rights and Interests of Viewers)
A broadcasting business operator shall make the viewers be able to participate
in
decision-making with regard to planning, programming or producing broadcast
programs, and shall make the results of broadcasts
comply with the viewers' interests.
Article 4 (Freedom and Independence of Broadcast Programming)
(1) The freedom and independence
of broadcast programming shall be guaranteed.
(2) No one shall regulate or interfere with the broadcast programming unless as
prescribed
by this Act or other Acts.
(3) A broadcasting business operator shall appoint a person in charge of broadcast
programming, and make an official announcement
of his name during broadcasting
hours at least once in a day, and guarantee the autonomous broadcast programming
for the person
in charge of broad- cast programming.
(4) A broadcasting business operator engaged in general programming or specialized
programming
of news reports shall, in order to guarantee an autonomy in the production
of broadcast programs, institute a covenant on broadcast
programming, reflecting
5
the opinions of the persons engaged in data collection and production, and shall
publicly announce it.
Article 5 (Public Responsibility of Broadcasting)
(1) A broadcast shall respect the dignity and value of human beings as well as
the fundamental democratic order.
(2) A broadcast shall contribute to the unity of the people to a harmo- nious development
of the State and a democratic formation
of the public opinion, and shall not promote
any discords among regions, generations, classes and sexes.
(3) A broadcast shall
not injure other's reputation or infringe on other's rights.
(4) A broadcast shall not promote crimes, immoral conducts or a specu-
lative spirit.
(5) A broadcast shall not promote lewdness, decadence or violence which has a negative
influence on a sound family
life and on a guidance of chil- dren and juveniles.
Article 6 (Impartiality and Public Interest Nature of Broadcasting)
(1) A broadcast
of news reports shall be impartial and objective.
(2) A broadcast shall not be discriminative in broadcast programming on account
of sex, age, occupation, religion, belief, class, region, race, etc.: Provided, That this
shall not apply in case where a broadcasting
busi- ness operator engaged in a specialized
programming with respect to a missionary work of religion within the limit of a
relevant
broadcast field.
(3) A broadcast shall respect the ethical and emotional sentiments of the people,
and contribute to the safeguard of the fundamental
rights of the people and the
advancement of international friendship.
(4) A broadcast shall protect and extend the people's right to knowl- edge and
freedom of expression.
(5) A broadcast shall strive to faithfully reflect the interests of the groups or classes
that are relatively small in number or
at a disadvantage in realization of the pursuit
of their interests.
(6) A broadcast shall contribute to the balanced development of local communities
and the promotion of national cultures.
(7) A broadcast shall extend its social education function, and diffuse and disseminate
the useful living information, and contribute
to the qualitative improvement of the
people's cultural life.
(8) A broadcast shall contribute to the propagation of standard language, and endeavor
to refine and purify the language.
(9) A broadcast shall, in publicly announcing the policies, etc. of the Government
or a specific group, strive to provide an equal
opportunity to other groups having
different opinions, and also endeavor to maintain a balance in organizing the broadcast
programs
with respect to each party of political interests.
Article 7 (Scope of Application)
Matters concerning the broadcasting shall be governed by this Act unless as otherwise
prescribed in other Acts.
6
CHAPTER BROADCASTING BUSINESS
OPERATORS, ETC.
Article 8 (Restriction, etc. on Ownership)
(1) Where a broadcasting business operator issues stocks, they shall be registered
ones.
(2) No one may own in excess of 30/100 of the total stocks or equity shares of
a terrestrial broadcasting business operator and
a program pro- viding business operator
engaged in general programing or specialized programing of news reports, including
the
stocks or equity shares owned by the persons having a special relation determined
by the Presidential Decree (hereinafter referred
to as the "specially related persons"):
Pro- vided, That this shall not apply to cases falling under any of the following
subparagraphs:
1. Where the State or a local government owns the stocks or equity shares
of a broadcasting business operator;
2. Where the Foundation for Broadcast Culture established under the
Foundation for Broadcast Culture Act owns the stocks or equity
shares
of a broadcasting business operator; and
3. Where any investment is made to a broadcasting business operator
aiming at a missionary work of religion.
(3) Notwithstanding the provisions of paragraph (2), a company belong-
ing to a business group that falls under the criteria prescribed
by the
Presidential Decree, including the gross amount of assets, among the
business groups provided for in subparagraph 2 of Article
2 of the Mo-
nopoly Regulation and Fair Trade Act (hereinafter referred to as the
"conglomerate"), and its affiliates (including
specially related persons),
or a corporation (including specially related persons) operating daily
newspapers under the Registration,
etc. of Periodicals Act or news cor-
respondences under the provisions of the News Agency Development Act
(hereinafter referred
to as the "news correspondence") shall not concur-
rently run a terrestrial broadcasting business and a program providing
business
engaged in general programming or specialized programming
of news reports, or own the relevant stocks or equity shares.
CATV broadcasting business operator and any satellite broadcasting business operator
and every corporation (including any person
in a special relationship with such
corporation) that runs any conglomerate and its affiliates shall be prohibited from
independently
or jointly holding shares and equities in excess of 49/100 of the total
number of the shares and equities of any satellite broadcasting
busi- ness operator.
(5) A terrestrial broadcasting business operator, a CATV broadcasting
business operator and a satellite broadcasting business operator
shall
not mutually and concurrently operate their business or own their stocks
or equity shares in excess of the scope prescribed
by the Presidential De-
cree in consideration of the market shares or the number of business
operators, etc.: Provided, That a
terrestrial broadcasting business oper-
ator and a CATV broadcasting business operator shall not mutually and
concurrently operate
the business or own their stocks or equity shares.
(6) A terrestrial broadcasting business operator, a CATV broadcasting
business
operator, a satellite broadcasting business operator, a program
providing business operator and a signal transmission network business
operator may not mutually and concurrently operate their business or
own their stocks or equity shares in excess of the scope prescribed
by
the Presidential Decree in consideration of the market shares, broad-
casting fields, or the number of business operators, etc.
(7) A terrestrial broadcasting business operator, a CATV broadcasting
business operator or a satellite broadcasting business operator
shall not
concurrently operate another terrestrial broadcasting business, CATV
broadcasting business or satellite broadcasting
business respectively, or
own their relevant stocks or equity shares in excess of the scope pre-
scribed by the Presidential Decree
in consideration of the market shares
or the number of business operators, etc.: Provided, That this shall not
apply when a terrestrial
broadcasting business operator, in which the
Foundation for Broadcast Culture established under the Foundation for
Broadcast Culture
Act is the greatest amount investor, owns stocks or
equity shares of another affiliated terrestrial broadcasting business op-
erator,
when this Act enters into force.
(8) A program providing business operator shall not concurrently operate
another program providing business or own its stocks or
equity shares
in excess of the scope determined by the Presidential Decree in considera-
tion of the market share or the number
of business operators, etc.
8
(9) Political parties shall not own the stocks or equity shares of a broad-
casting business operator.
(11) Persons who own the stocks or equity shares in violation of the pro-
visions of paragraphs (2) through (9) shall not exercise
their right to vote
as to the portions so owned or the portions in excess.
(12) With respect to a person who concurrently operates
a business or
owns the stocks or equity shares in contravention of the provisions of
paragraphs (2) through (9), the Korea Communications
Commission may
order him to correct the relevant matters by fixing a period not exceeding
six months.
(13) Any person falling under any of the following subparagraphs may
not become a community radio broadcasting business operator:
1. The Government of the Republic of Korea;
2. Local governments;
3. Religious organizations;
4. Political parties; and
5. Persons who intend to operate a community radio broadcasting busi-
ness for profit.
(14) Any community radio broadcasting business operator may not
own broadcasting stations exceeding one.
Article 9 (License, Approval, Registration, etc.)
(1) A person who intends to operate a terrestrial broadcasting business
or satellite
broadcasting business shall obtain a license of the Korea
Communications Commission for a broadcasting station as prescribed by
the Radio Waves Act.
(3) Notwithstanding the provisions of paragraph (2), where a CATV
relay broadcasting business operator corresponding to the standard
pre- scribed by
Presidential Decree intends to operate a CATV broadcasting business, he shall obtain
9
approval of the Korea Communications Com- mission.
(4) A person who has obtained approval under the provisions of para-
graph (3) shall be considered to have received a license for
CATV broad-
casting business operator under subparagraph 3 (b) of Article 2.
(5) A person who intends to operate a program providing
business, an
electric signboard broadcasting business or a CATV music broadcasting
business shall register with the Korea Communications
Commission: Pro-
vided, That a person who intends to operate a program providing busi-
ness engaged in general programming or specialized
programming from
news reports or commodity presentation and sales shall obtain approval
from the Korea Communications Commission.
In this case, a person who
has registered or obtained approval in order to conduct data broadcasting
shall report on value-added
communication business under Article 21 of
the Telecommunications Business Act within seven days from the date
on which he registered
or obtained such approval.
(9) Provisions applicable to a program providing business operator under
subparagraph 3 (d) of Article 2 shall apply mutatis mutandis
to a per-
son who has obtained approval under the provisions of paragraph (8).
(10) A person who intends to operate a signal transmission
network busi-
ness shall register with the Korea Communications Commission.
(11) A person who intends to operate a community radio broadcasting
business shall obtain a license for broadcasting station from
the Korea
10
Communications Commission under the conditions prescribed by the Radio
Waves Act. In this case, detailed matters necessary for operation,
such
as programing and financial resources of the community radio broadcasting
business operator, shall be prescribed by Presidential
Decree.
Article 9-2 (Program Providing Business Registration Requirements)
(1) Those who intend to register a program providing business
under the
main sentence of Article 9 (5) shall meet the following requirements:
1. Both paid-in capital and actual capital (referring to capital only for
the said program providing business) shall each be not
less than five
hundred million won. In this case, the "capital" shall be deemed to
be the "money invested" in the case of a corporation
other than a stock
company;
2. There shall be a master control room (referring to a place in which
broadcast programming and transmission are comprehensively
con-
trolled), a sub-control room (referring to a place in which the produc-
tion of individual broadcast programs is controlled),
a comprehensive
editing room (referring to a place in which individual broadcast pro-
grams are completed by editing the audio,
video, sound, etc.) and a
transmission facility;
3. There shall be an office in which the said program providing business
is capable of being carried out; and
4. The same channel name used by any other broadcasting business op-
erator or a channel name that may confuse viewers shall not
be used.
(2) When a person concurrently operates several program providing busi-
nesses, matters necessary for the standards, etc.
for the application of
capital requirements under paragraph (1) 1 shall be provided for in
Presidential Decree.
[This Article Newly Inserted by Act No. 8568, Jul. 27, 2007]
Article 10 (Criteria and Procedures for Evaluation)
(1) Where the
Korea Communications Commission grants a license under
Article 9 (1) and (2) or authorization under paragraphs (3), (5), (6) and
(8) of the same Article, it shall evaluate the matters falling under any
of the following subparagraphs and make a public announcement
of its
results:
1. Possibility of realizing a public responsibility, impartiality and pub-
lic interest nature of broadcasting;
2. Pertinence of the planning, programming and production plans of
broadcast programs;
3. Regional, social and cultural necessity and propriety;
4. Appropriateness of management plans such as the organization and
manpower operation;
5. Financial and technical capability;
6. Support plans for the advancement of broadcasting; and
7. Other matters necessary for conducting the business.
(2) The Korea Communications Commission shall, in case where it conducts
an evaluation under paragraph (1), openly hear the opinions of the view-
ers, and make a public announcement on whether their opinions
have
been reflected.
Article 11 (Public Notification of Broadcast Fields, etc.)
The Korea Communications Commission may, in order to have the specialty
of broadcast programs and the variety of channels embodied, make a public
notification of programming ratios, etc. according to
the broadcast fields
of specialized programming and the types of broadcast programs.
Article 12 (Regional Business Privilege)
(1) Where the Korea Communications Commission grants a license for
a CATV broadcasting business or a CATV relay broadcasting business
under Article 9 (2), it may grant a privilege to operate the business within
a specified broadcasting zone (hereinafter referred
to as "regional business
privilege"). The same shall apply when granting authorization for a CATV
broadcasting business under the
provisions of Article 9 (3).
(2) Broadcasting zones under paragraph (1) and business zones of CATV
music broadcasting shall be publicly announced by the Korea
Communications
Commission in consideration of the zone of community resident life, geo-
graphical conditions and telecommunication
facilities with a focus on the
administrative districts, under the consultation with the head of the rel-
evant central administrative
agencies and Mayors/Do governors.
(3) Deleted.
Article 13 (Disqualification)
(1) The State, a local government or a person who is not a corporation
may not operate a broadcasting business or signal transmission
network
business. The same shall apply to a person for whom three years have
not passed after his license, authorization or registration
was revoked
under the provisions of Article 18.
(2) A person falling under any of the following subparagraphs may not
operate a CATV relay broadcasting business or a CATV music
broadcast-
ing business:
1. A foreigner or the government or an organization of a foreign country;
2. A minor or quasi-incompetent person;
3. A person who was declared bankrupt and has not been reinstated;
4. A person who was sentenced to the punishment heavier than a fine
for violating this Act, and for whom three years have not passed
since
his sentence was completed or the non-execution of his sentence was
confirmed, or a person who is in the period of suspended
sentence;
or
5. A person for whom two years have not passed since a license or
registration for a CATV relay broadcasting business or CATV music
broadcasting business was revoked under the provisions of Article 18.
(3) A person falling under any of the following subparagraphs
may not
become a representative or a person in charge of broadcast programming
of a corporation which has obtained a license or
authorization or has
registered under the provisions of Article 9 (1), (2), (3), (5), (6), (8)
and (10): 1. A person whose nationality is not of the Republic of Korea;
2. A minor or quasi-incompetent person;
3. A person who was declared bankrupt and is not yet reinstated;
4. A person who was sentenced to the punishment heavier than a fine
for violating this Act, and for whom three years have not passed
since
his sentence was completed or the non-execution of his sentence was
confirmed, or a person who is in the period of suspended
sentence;
5. A person who was sentenced to the punishment by an unsuspended
sentence of imprisonment without forced labor or heavier for com-
mitting a crime under Articles 87 through 90, 92 and 101 of the
Criminal Act, Articles 5 through 8, 9 (2), 11 through 16 of the
Mili-
tary Criminal Act, or Articles 3 through 9 of the National Security
13
Act, and whose sentence is not completed or the non-execution of
sentence is not confirmed, or a person who is in the period of
sus-
pended sentence;
6. A person for whom the security surveillance disposition under the
Security Surveillance Act, the protective custody under the
Social
Protection Act, or the medical treatment and custody under the Medi-
cal Treatment and Custody Act is in the enforcement
period; or
7. A representative of a corporation or an organization of a foreign coun-
try (excluding the cases of a signal transmission network
business).
Article 14 (Investment and Contribution by Foreign Capital)
(1) A person operating a terrestrial broadcasting business,
a program pro-
viding business engaged in general programming or specialized pro-
gramming of news reports, and a CATV relay broadcasting
business may
not receive the investment or contribution of property from a person
falling under any of the following subparagraphs:
Provided, That in case
where a broadcasting business operator and a CATV relay broadcasting
business operator have obtained authorization
of the Korea Communications
Commission, they may receive the property contribution from a foreign
organization having the objectives
of education, athletics, religion, char-
ity and other international friendship: 1. The government or an organization of a foreign country;
2. A foreigner; and
3. A corporation whose stocks or equity shares are owned by the govern-
ment or an organization of a foreign country or a foreigner
in excess
of the ratio as prescribed by Presidential Decree.
(2) A person operating a satellite broadcasting business may not receive
an investment or a contribution of property from a person falling under
any subparagraph of paragraph (1) in excess of 33/100 of
the total stocks
or equity shares of the relevant corporation.
(3) A person operating a CATV broadcasting business. a program pro-
viding business (excluding general programing or specialized
programing
of news reports) or a signal transmission network business may not re-
ceive an investment or a contribution of property
from a person falling
under any subparagraph of paragraph (1) in excess of 49/100 of the total
stocks or equity shares of the relevant
corporation.
(4) The stocks or equity shares owned by the person falling under any
subparagraph of paragraph (1) shall be added up in applying
the provi-
14
sions of paragraphs (2) and (3).
(1) In case where a broadcasting business operator, CATV relay broad-
casting business operator, CATV music broadcasting business
op-
erator or an electric sign board broadcasting business operator intends to
modify the matters falling under any of the following
subparagraphs, he
shall obtain a license for modification or approval for modification from,
or register the modification with
the Korea Communications Commission.
In this case, the provisions of Article 9 (1), (2), (3), (5), (6), (8) and (10)
shall apply
mutatis mutandis to such procedures:
1. Merger or division of the relevant corporation;
2. Conversion of the business run by an individual to the business of
a corporation;
3. Deleted; 4. Transfer of the business run by an individual;
5. A modification of broadcast fields;
6. A modification of the broadcasting zone; and
7. Other modifications of important facilities prescribed by Presidential
Decree.
(2) When any broadcasting business operator (excluding any program
providing business operator) or any CATV relay broadcasting business
operator alters the matters falling any of the following subparagraphs,
he shall submit a report without delay to the Korea Communications
Commission:
1. Representative;
2. Person in charge of broadcast programming (excluding any CATV relay
broadcasting business operator);
3. Corporation name or firm name; and
4. Location of principal office.
(3) When any program providing business operator, any CATV music
broadcasting business operator
or any electric sign board broadcasting
business operator alters the matters falling under any of the following
subparagraphs,
he shall make a report thereon without delay to the Korea
Communications Commission:
1. Representative;
2. Person in charge of broadcast programming (excluding any CATV re-
lay broadcasting business operator);
3. Corporation name or firm name; and
4. Location of principal office.
Article 15-2 (Modified Approval for Greatest Amount Investor, etc.)
(1) A person who intends to
be the greatest amount investor (referring
to a person who has the most of the ratio of the voting stocks or equity
shares by adding
together the stocks or equity shares of the person himself
who is the investor in the relevant business operator and of his specially
related persons; hereinafter the same shall apply) of or to substantially
control the management right of relevant business operator
through an
acquirement, etc. of the stocks or equity shares of a broadcasting busi-
ness operator or a CATV relay broadcasting
business operator shall obtain
approval of the Korea Communications Commission: Provided, That a person
who intends to be the greatest
amount investor in or to substantially con-
trol the management right of a program providing business operator who
is registered
under the provisions of the main sentence of Article 9 (5)
shall file a report with the Korea Communications Commission.
(2) When the Korea Communications Commission intends to grant its ap-
proval under the provisions of the main sentence of paragraph
(1), it shall
examine the matters of the following subparagraphs:
1. Possibility of realization of the public responsibility, impartiality and
the nature of public interest of broadcasting;
2. Social confidence and financial capacity;
3. Protection of the right and interest of viewers; and
16
4. Other matters necessary for business performance.
(3) A person who has become the greatest amount investor or a person
who has
come to substantially control the management right without
obtaining approval under the provisions of the main sentence of para-
graph (1) may not exercise his voting rights with respect to the stocks
or equity shares acquired without obtaining approval, and
the Korea
Communications Commission may issue an order necessary for correction
such as the disposition of the stocks or equity
shares with respect to the
person who has acquired the relevant stocks or equity shares by fixing
a period not exceeding six months.
[This Article Newly Inserted by Act No. 8060, Oct. 27, 2006]
Article 16 (Valid Term of License and Approval)
The valid term of the license or approval for a CATV broadcasting busi-
ness and a CATV relay broadcasting business licensed under
the provi-
sions of Article 9 (2), a program providing business approved under the
provisions of the proviso of Article 9 (5),
and a community radio broad-
casting business licensed under the Article 9 (11) shall be prescribed by
Presidential Decree within
five years.
[This Article Wholly Amended by Act No. 8060, Oct. 27, 2006]
Article 17 (Renewed License, etc.)
(1) When a broadcasting business operator (excluding a program pro-
viding business operator) and a CATV relay broadcasting business
op-
erator intends to continue a broadcasting after expiration of the valid
term for license, he shall obtain a renewed license
from the Korea
Communications Commission.
(3) When the Korea Communications Commission grants a renewed license
or renewed approval under the provisions of paragraphs (1)
and (2), it
shall evaluate the matters in each subparagraph of Article 10 (1) and each
of the following subparagraphs, and publicly
announce its result:
17
1. Evaluation of broadcast by the Korea Communications Commission;
2. Frequency of correction orders by the Korea Communications
Commission and examples of noncompliances with the said orders;
3. Evaluation of broadcast programs by the Viewers Committee;
4. Level of contributions to the development of local community;
5. Whether the support plans are implemented for the development of
broadcasting; and
6. Whether other matters for compliance by the broadcasting business
operator at the time of license or approval are observed.
(4)
The provisions of Article 10 (2) and (3) shall apply mutatis mutandis
to a renewed license under paragraph (1) or renewed approval
under
paragraph (2). 1. Where a license, modified license or renewed license is received, or
approval, modified approval or renewed approval is obtained,
or a
registration or modified registration is filed by falsity or other dis-
honest means;
2. Where the stocks or equity shares are owned in violation of the pro-
visions of Article 8;
3. Where he falls under the disqualification as referred to in Article 13;
4. Where he receives the investment or contribution of property in vio-
lation of the provisions of Article 14;
5. Where he fails to commence the broadcast or the business within two
years since the date when he has received a license, obtained
ap-
proval, or completed registration under this Act;
6. Where he fails to obtain a modification license or approval or to reg-
ister the modification in violation of Article 15 (1);
7. Where he fails to comply with orders to modify the standard con-
18
tractual terms and conditions under Article 77 (2);
8. Where he fails to comply with orders, etc. to repair, improve or relo-
cate the relevant facilities under Article 81;
9. Where he fails to comply with either corrective orders under Article
99 (1) or orders to improve the relevant facilities under
paragraph
(2) of the said Article; or
10. Where he fails to comply with orders for disciplinary measures under
Article 100 (1).
(2) Deleted.
(3) Matters necessary for the criteria and procedures, etc. for the ap-
proval, registration or revocation of a license and measures
therefor, and
the suspension of business under paragraph (1) shall be prescribed by
Presidential Decree.
(1) The Korea Communications Commission may impose a penalty
surcharge of one hundred million won or less in lieu of the disposition
of business suspension, where a broadcasting business operator, a CATV
relay broadcasting business operator, a CATV music broadcasting
business
operator, an electric sign board broadcasting business operator or a signal
transmission network business operator becomes
subject to the disposition
of business suspension due to falling under any subparagraph of Article
18 (1), and where such business
suspension is likely to cause a serious in-
convenience to viewers or to inflict harms to the public interests.
(2) through (4) Deleted.
KOREAN COMMUNICATIONS COMMISSION
Articles 20 through 30 Deleted.
(1) The Korea Communications Commission may comprehensively evaluate
the contents, programming and operation, etc. of the broadcast
programs
of a broadcasting business operator.
sioned by the chairman of the Korea Communications Commission upon
consent of the Korea Communications Commission, and matters necessary
for its composition and operation shall be determined by the Korea
Communications Commission's regulations.
Article 32 (Deliberation on Impartiality and Public Nature of Broadcast)
(1) The Korea Communications Standards Commission shall
deliberate
on and pass a resolution as to whether the contents of a broadcast, a CATV
relay broadcast and an electric sign board
broadcast, or the contents
of information similar to a broadcast and the information as prescribed by
Presidential Decree, from
among the information circulated through tele-
communication circuits aiming at opening to the public, maintain their
impartiality
and public nature, and as to whether they observe the
public responsibilities, after they are broadcasted or circulated. In this
case, the characteristics by medium and by channel shall be taken into
consideration.
(4) No one shall make a broadcasting business operator broadcast differ-
ently from the contents of the deliberation and resolution
of the Korea
Communications Standards Commission by means of false or other illegal
methods with respect to a commercial broadcast
under paragraph (2), nor
make him broadcast a commercial broadcast which has not undergone a
deliberation and resolution.
Article 33 (Deliberation Rules)
(1) In order to deliberate on the impartiality and public nature of broad-
casts, the Korea Communications Standards Commission
shall formulate
and publicly announce the rules concerning deliberation on broadcasts
(hereinafter referred to as "deliberation
rules").
(2) Deliberation rules under paragraph (1) shall contain the matters of
the following subparagraphs:
1. Matters concerning the maintenance of the democratic fundamental
order referred to in the Constitution, and a respect for human
rights;
2. Matters concerning the protection of sound family lives;
3. Matters concerning the protection of children and juveniles and the
sound character building;
4. Matters concerning the public morals and social ethics;
5. Matters concerning the equality of both sexes;
6. Matters concerning the advancement of international friendship;
7. Matters concerning the advancement of rights and interests of classes
alienated by the broadcasting such as disabled persons;
8. Matters concerning the promotion of native culture and the cultivation
of the subjectivity of the nation;
9. Matters concerning the impartiality and public nature of news reports
or commentaries;
10. Matters concerning the purification of the language;
11. Deleted; and 12. Other matters concerning the deliberation duties of the Korea Com-
munications Standards Commission under this Act.
(3) A broadcasting business operator shall classify and rate the broadcast
programs in the light of such matters as the degree of
harmfulness of
a broadcast program's violent nature and lewdness, etc. and the age of
the viewers, and indicate it during the broadcast.
(4) The Korea Communications Standards Commission shall prescribe the
rating criteria and other necessary matters with regard to
classifying and
rating a broadcast program under paragraph (3) by the Korea Communi-
cations Standards Commission's regulations,
and publicly announce them.
In this case, the rating criteria may be graded in consideration of the
characteristics of the broadcast
media and broadcast fields, etc.
(5) Where the Korea Communications Standards Commission judges that
the rating of any broadcast program which is autonomously assigned
by
a broadcasting business operator under paragraph (3) is not appropriate,
it may require the relevant broadcasting business operator
to adjust the
rating classification of the pertinent broadcast program.
Article 34 Deleted.
(3) Matters necessary for the composition and operation of the viewers' com-
plaint settlement committee, the procedures for settlement
of the viewers'
complaints, and the mediation of disputes, etc. shall be prescribed by
the Korea Communications Commission's regulations.
Article 35-2 (Inter-Korean Exchanges and Cooperation in Broadcasting)
(1) The Government or the Korea Communications Commission
shall
work to facilitate inter-Korean exchanges and cooperation in broadcasting
sector.
(2) The Inter-Korean Broadcasting Exchange and Cooperation Facilita-
tion Committee mandated to facilitate inter-Korean exchanges
and co-
operation in broadcasting shall be set up in the Korea Communications
Commission.
[This Article Newly Inserted by Act No. 7498, May 18, 2005]
Article 35-3 (Broadcasting Dispute Conciliation Committee)
(1) The
Korea Communications Commission may have the Broadcasting
Dispute Conciliation Committee under its control in order to efficiently
mediate disputes with regard to broadcasting arising between and among
the broadcasting business operators, CATV relay broadcasting
business
operators, CATV music broadcasting business operators, electric signboard
broadcasting business operators and signal transmission
network business
operators.
Commission upon consent of the Korea Communications Commission.
(3) The conciliation of any dispute shall commence by an application of
one party or both parties who are the party or parties to
the dispute,
and the establishment of conciliation shall have the same effect as a com-
position in court.
(4) Necessary matters for the organization and operation of the Broad-
casting Dispute Conciliation Committee, the conciliation
of disputes,
etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8060, Oct. 27, 2006]
Article 36 (Establishment of Broadcast Development Fund)
The Korea
Communications Commission shall establish the Broadcast
Development Fund (hereinafter referred to as the "Fund") for the broad-
casting promotion projects and the culture and arts promotion projects.
Article 37 (Creation of Fund)
(1) The Fund shall be created by the revenue sources of the following
subparagraphs: 1. Amounts collected under paragraphs (2) through (4);
2. Deleted; 3. Contributions by broadcasting business operators;
4. Deleted; and 5. Other revenues.
(2) The Korea Communications Commission may collect the Fund from
terrestrial broadcasting business operators
within the limit of 6/100 of
the commercial broadcast turnover under the conditions as prescribed by
Presidential Decree.
(4) The Korea Communications Commission may collect the Fund from
the program providing business operators engaged in a specialized
programming of commodity presentation and sales within the limit of 15/100
of the trading profits upon a settlement of accounts
for the current year
under the conditions as prescribed by Presidential Decree.
(5) With respect to the revenue sources of paragraph (1) 1 and 2, their
23
collection rate may be fixed at graduated levels by broadcasting business
operators on the basis of the public nature and profitability
of the
broadcasting operations of broadcasting business operators.
(6) The Korea Communications Commission may entrust the Fund
collection
under paragraph (2) to the Korea Broadcasting Advertizing Corporation
under the Korea Broadcasting Advertizing Corporation
Act (hereinafter
referred to as the "Korea Broadcasting Advertizing Corporation"), or to
a commercial broadcast marketing agency
prescribed by Presidential Decree.
(7) Where a person obligated to pay the Fund under paragraphs (2)
through (4) has failed to pay it within the payment deadline,
the Korea
Communications Commission may impose an additional amount within
the scope of 5/100 of the amount in arrears under the
conditions prescribed
by Presidential Decree.
(8) Where a person obligated to pay the Fund under the provisions of
paragraphs (2) through (4) and the additional amount under
paragraph (7)
has failed to pay them by the payment deadline, the Korea Communications
Commission shall collect them in accordance
with the examples of the
disposition for national taxes in arrears.
Article 38 (Expenditures of Fund)
(1) The Fund shall be used for a project falling under any of the following
subparagraphs:
1. Educational broadcasts and other broadcasts operated for a public
purposes;
2. Incorporation of a broadcasting business operator for public purposes,
and production of broadcast programs;
3. Support for production of broadcast programs and video products;
4. Broadcast programs produced directly by viewers;
5. Media education and activities of viewer organizations;
6. Support for organizations and projects for development of commercial
broadcasts;
7. Research and development of broadcast technologies;
8. Support for access to broadcasting by classes alienated by broadcast-
ing such as disabled persons;
9. Projects for promotion of culture and arts;
10. Projects for public interest of the press;
24
11. Support for inter-Korean broadcasting exchanges and cooperation and
the production of inter-Korean broadcast programs;
11-2.
Support for overseas Korean broadcasting in overseas area; and
12. Other projects resolved by the Korea Communications Commission as
necessary for enhancing the public nature of broadcasts and
development
of broadcasting.
(2) The chairman of the Korea Communications Commission may use part
of the Fund as a loan or a financial resource for investment
for the
improvement of public nature and public interest nature of broadcasting,
the promotion of broadcasting, and the welfare
of viewers.
(1) The Fund shall be managed and operated by the Korea Communications
Commission.
(4) Matters necessary for the composition and operation of the Broadcast
Development Fund Management Committee shall be prescribed
by the
Korea Communications Commission's regulations.
Article 40 (Entrustment of Fund Management)
The Korea Communications Commission may entrust the management of
the Fund to the Korea Broadcasting Advertizing Corporation under
the
conditions as prescribed by Presidential Decree.
Articles 41 and 42 Deleted.
CHAPTER -2 REGIONAL BROADCASTING
DEVELOPMENT COMMITTEE
Article 42-2 (Establishment of Regional Broadcasting Development Com-
mittee)
The Regional Broadcasting Development Committee shall be set up under
the Korea Communications Commission with the aim of developing
the
regional broadcasting, strengthening the competitiveness of the contents
of the regional broadcasting and improving its distribution
structure.
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
Article 42-3 (Composition, etc. of Regional Broadcasting Development
Committee)
(1) The Regional Broadcasting Development Committee shall be com-
posed of 5 members including one chairman.
(2) The chairman shall be commissioned by the chairman of the Korea
Communications Commission from among the members of the Korea
Communications Commission.
(5) When any member is vacated, his vacancy shall be filled by com-
missioning any other person pursuant to the provisions of paragraph
(3)
within 30 days from the date on which he is vacated. In this case, the
term of office for the latter shall be the remainder
of the term of office
for his predecessor.
(6) Other necessary matters concerning the scope of the regional broad-
casting and the operation, etc. of the Regional Broadcasting
Develop-
ment Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
Article 42-4 (Work of Regional Broadcasting Development Committee)
The Regional Broadcasting Development Committee shall perform
the
26
work falling under each of the following subparagraphs:
1. The deliberation on the policy steps for supporting the regional broad-
casting development plan and the regional broadcasting;
2. The assessment of major policy steps for building a nationwide dis-
tribution infrastructure of the regional broadcasting;
3. The assessment of major policy steps for supporting the development
of the regional broadcasting;
4. The education and research aimed at developing the regional broad-
casting; and
5. Other matters that are put by the chairman of the Korea Communications
Commission on its agenda or are necessary for the Regional
Broadcasting
Development Committee to attain its purposes.
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
CHAPTER KOREA BROADCASTING SYSTEM
Article 43 (Establishment, etc.)
(1) The Korean Broadcasting System (hereafter referred to as the "Sys-
tem" in this Chapter) shall be established as the State's
key broadcast-
ing in order to fix a fair and sound broadcast culture, and to efficiently
implement the broadcasts for home and
abroad.
(2) The System shall be a juristic person.
(3) The location of the System's principal office shall be prescribed by
the articles of incorporation.
(4) The System may, in case where deemed necessary for carrying out
its business, establish the regional broadcasting stations upon
passage
of a resolution by the board of directors.
(5) The System shall have a capital of three hundred billion won, and
its entire amount shall be contributed by the Government.
(6) The time and method of payment of the capital under paragraph (5)
shall be in accordance with a decision by the Minister of
Strategy and
Finance.
a registration of the System shall be prescribed by Presidential Decree.
Article 44 (Public Responsibility of System)
(1) The System shall bring into reality the objectives and public re-
sponsibility of broadcasting, and the impartiality and public
interest
nature of broadcasting.
(2) The System shall endeavor to offer the broadcast services of superior
quality to the people having no concern with the region
and circumstances.
(3) The System shall research and develop the new broadcast programs,
broadcast services and broadcast technologies
which may contribute to
the public interest of the viewers.
(4) The System shall develop the broadcast programs, and broadcast
them, which may promote the national culture and ensure a homogeneity
of the nation, with the objects home and abroad.
Article 45 (Matters Stated in Articles of Incorporation)
(1) Matters of the following subparagraphs shall be stated in the arti-
cles of incorporation of the System:
1. Objectives;
2. Title;
3. Location of the principal office;
4. Matters concerning the organization of the System, and the chair-
person of the board of directors, directors, executive organs
and per-
sonnel;
5. Matters concerning the operation of the board of directors;
6. Matters concerning its duties and their execution;
7. Matters concerning the settlement of viewers' complaints and the pro-
tection of viewers;
8. Matters concerning a modification of the articles of incorporation;
9. Matters concerning the issue of bonds and the borrowing of funds;
10. Matters concerning the stocks or investment certificates;
11. Matters concerning the accounting such as disposition of profits and
losses;
12. Matters concerning the method of public notification; and
13. Other matters as prescribed by Presidential Decree.
(2) When the System intends to modify the articles of incorporation, it
shall obtain authorization of the Korea Communications Commission.
Article 46 (Establishment and Operation of Board of Directors)
(1) In order to guarantee the independence and public nature of the
System, the System shall have a board of directors as the highest delib-
28
erative organ for decision making with regard to the management of the
System.
(2) The board of directors shall be composed of eleven directors, includ-
ing the chairman of the board of directors.
(3) The directors shall be recommended by the Korea Communications
Commission in consideration of their typicality of different
fields, and
appointed by President.
(5) The directors, including the chairman of the board of directors, shall
be non-permanent.
(6) The chairman of the board of directors shall convene the board of
directors, and preside over its meeting.
(7) The board of directors shall resolve by approval of a majority of the
registered directors.
(8) When the chairman of the board of directors is unable to carry out
his duties due to unavoidable reasons, another director shall
act for him
under the conditions as prescribed by the articles of incorporation.
Article 47 (Term of Directorship)
(1) The term of the office of a director shall be three years.
(2) If a vacancy occurs on the board, a substitute director shall
be ap-
pointed under the provisions of Article 46 within thirty days since the
occurrence of the vacancy, and the term of the substitute
director shall
be the remaining term of his predecessor.
(3) A director whose term expires shall carry out his duties until his
successor is appointed.
Article 48 (Disqualification of Director)
A person falling under any of the following subparagraphs may not be-
come a director of the System:
1. A person whose nationality is not of the Republic of Korea;
2. A member of a political party under the Political Parties Act; and
3. A person falling under any of subparagraphs of Article 33 of the State
Public Officials Act.
Article 49 (Functions of Board of Directors)
(1) The board of directors shall deliberate on and resolve the matters
falling under any of the following subparagraphs:
1. Matters concerning the public responsibility of the broadcasts con-
ducted by the System;
2. Basic operational plans for the broadcasts conducted by the System;
29
3. Plans for budget and funds;
4. Use of reserve funds and a carrying forward of the budget;
5. Settlement of accounts;
6. Evaluation of management of the System, and its public announce-
ment;
7. Proposal for the appointment of the president and auditor, and ap-
proval of the appointment of the vice president;
8. Establishment and closure of the regional broadcasting stations;
9. Acquisition and disposition of the permanent properties;
10. Borrowing of long term loans, and issuing of bonds and the plans for
redemption;
11. Disposition of the profits and losses;
12. Contributions to other enterprises;
13. Modification of the articles of incorporations;
14. Formulation, amendment and abolition of the regulations as prescribed
by the articles of incorporation; and
15. Other matters deemed as especially necessary by the board of directors.
(2) The board of directors may, in case where deemed
as especially nec-
essary, request the auditor to make an audit of the System.
Article 50 (Executive Organs)
(1) The System shall have, as its executive organ, one president, less
than two vice presidents, less than eight managing directors,
and one
auditor.
(2) The president shall be appointed by President upon a proposal by
the board of directors.
(3) When the board of directors makes a proposal for the president under
the provisions of paragraph (2), it shall present the criteria
for proposal
and the grounds for it.
(4) The auditor shall be appointed by the Korea Communications
Commission upon a proposal by the board of directors.
(5) The vice presidents and managing directors shall be appointed by
the president: Provided, That approval of the board of directors
shall be
obtained in the case of the appointment of vice presidents.
(6) Provisions of Articles 47 and 48 concerning the directors
shall apply
mutatis mutandis to the term of office and the disqualification of ex-
ecutive organs.
Article 51 (Duties, etc. of Executive Organs)
(1) The president shall represent the System, exercise the overall con-
30
trol over the operation of the System, and assume the responsibility for
the results of business management.
(2) When the president is unable to carry out his duties due to unavoid-
able reasons, a vice president shall act for him, and when
the vice presi-
dents are unable to carry out their duties due to unavoidable reasons,
the person as prescribed by the articles
of incorporation shall act for
them.
(3) The president may, under the conditions as prescribed by the arti-
cles of incorporation, select and appoint, from among its
personnel, an
agent who has the authority to take all judicial or extra-judicial actions
with regard to the System's business.
(4) The auditor shall audit the matters concerning the business and ac-
counts of the System.
(5) The president and the auditor may appear before the board of direc-
tors, and make a statement of their opinions.
Article 52 (Appointment and Dismissal of Personnel)
The personnel of the System shall be appointed or dismissed by the pres-
ident
under the conditions as prescribed by the articles of incorporation.
Article 53 (Liability as Matter of Duties of Directors and
Executive
Organs and Personnel)
(1) The directors and the executive organs of the System shall be pro-
hibited from performing any transaction with the System and
the direc-
tors shall also be prohibited from being involved in any deliberation and
any resolution of the matters of the board
of directors, which are related
to their own interests and the interests of persons with whom they have
kinship relations provided
for in the provisions of Article 777 of the
Civil Act.
(1) The System shall attend to the business falling under any of the
following subparagraphs:
1. Execution of radio broadcasts;
2. Execution of television broadcasts;
3. Execution of broadcasts through new broadcasting media such as a
satellite broadcast;
31
4. Installation, operation and management of broadcasting facilities;
5. Execution of the overseas broadcasts required by the State (broad-
casts aiming at the international friendship and the improvement
of
international understanding and the cultural and economic exchanges)
and of the social education broadcasts (broadcasts aiming
at the ad-
vancement of national homogeneity for the Korean residents in for-
eign countries);
6. Support for the transmission of broadcasts conducted by the Educa-
tional Broadcasting System under the Educational Broadcasting
Sys-
tem Act;
7. Establishment and operation of an organization for the settlement of
viewers' complaints and the protection of viewers;
8. Operation and management of the organizations attached to the
System;
9. Implementation of the cultural broadcast events, and the international
exchange of cultural broadcasts;
10. Survey, research and development concerning the broadcasting; and
11. Profit-making projects incidental to the affairs under subparagraphs 1
through 10.
(2) The State may support the affairs falling under paragraph (1) 5 with
subsidies.
(3) The System may, upon the passage of a resolution by the board of
directors, contribute all or part of the relevant capital for
the affairs
falling under each subparagraph of paragraph (1), or for a corporation
attending to the affairs similar to them.
Article 55 (Settlement of Accounts)
(1) The System's fiscal year shall be in accordance with the Govern-
ment's fiscal year.
(2) Corporate accounting standards and the Enterprise Budget and Ac-
counts Act shall apply mutatis mutandis to the standards and
procedures,
etc. for the settlement of accounts of the System.
Article 56 (Revenue Sources)
Expenses of the System shall be met by the television broadcast receiving
fees under Article 64, but the revenues as prescribed
by Presidential Decree
such as the revenues from the commercial broadcasts may be appropriated
if necessary for the proper accomplishment
of the objective affairs.
Article 57 (Compilation of Budget)
(1) The System's budget shall be compiled by the president and con-
firmed by the passage of a resolution at the board of directors.
The same
32
shall apply to the cases where the budget is modified due to a modifica-
tion in the operational plans occurring after the budget
is confirmed or
other unavoidable reasons.
(2) The president of the System may administer the budget in accordance
with the preceding year's budget in case where the budget
is not confirmed
not later than the commencement of fiscal year due to force majeure or
other unavoidable reasons. In this case,
the budget executed in accor-
dance with the quasi-budget shall be considered to have been executed
in accordance with the budget
of current year.
Article 58 (Formulation of Operational Plans)
(1) The president of the System shall, in case where the budget is con-
firmed under Article 57, formulate without delay the operational
plans
in accordance with the budget of current year upon the passage of a reso-
lution by the board of directors.
(2) The president of the System shall submit the operational plans for
current year formulated under the provisions of paragraph
(1) to the Korea
Communications Commission within two months after the budget is confirmed.
Article 59 (Confirmation of Statement of Accounts)
(1) The president of the System shall submit the statement of accounts
for the
preceding fiscal year respectively to the Korea Communications
Commission and the National Assembly not later than two months after
the conclusion of each fiscal year, and confirm the settlement of accounts
upon approval by the National Assembly, and make a public
announcement
thereof. 1. Financial statements and their attached documents; and
2. Other documents necessary for clarifying the content of the settlement
of accounts.
(3) The Korea Communications Commission shall sum up the System's
settlement of accounts confirmed under the provisions of paragraph
(1),
and submit it to the Board of Audit and Inspection by June 30.
(4) The Board of Audit and Inspection shall inspect the statement of ac-
counts received under the provisions of paragraph (3),
and forward the
relevant results to the Korea Communications Commission not later than
September 30.
The System shall, in case where it acquires or disposes of any real estate,
or modifies the purpose at the time of its acquisition,
report to the Korea
Communications Commission thereon without delay.
Article 61 (Subsidies, etc.)
The State may subsidize part of the expenses required for the operation
of the System, loan the financial funds, or accept the debentures
of the
System within the limit of the budget, under the conditions as prescribed
by Presidential Decree.
Article 62 (Entrustment of Goods Purchase and Construction Contracts)
The president of the System may, in case where deemed necessary,
en-
trust the Commissioner of the Supply Administration with the purchase
of required materials or the conclusion of contracts
for a construction of
facilities.
Article 63 (Audit)
(1) Audits of the System shall be classified as internal audits and ex-
ternal audits.
(2) The auditor of the System shall conduct the internal audits pursuant
to the provisions of the articles of incorporation.
(3)
The Board of Audit and Inspection shall conduct the external audits
of the System under the conditions as determined by the Board
of Audit
and Inspection Act.
Article 64 (Registration of Television Receivers and Payment of Re-
ceiving Fees)
Any person who possesses a television receiver (hereinafter referred to
as "TV set") in order to receive television broadcasts shall
register the
TV set with the System, and pay a television broadcast receiving fee
(hereinafter referred to as the "receiving fees")
under the conditions as
prescribed by Presidential Decree: Provided, That with regard to the TV sets
as prescribed by Presidential
Decree, their registration may be exempted,
or all or part of the receiving fees may be exempted or reduced.
Article 65 (Determination
of Receiving Fees)
The amount of receiving fees shall be fixed after a deliberation on it and
the passage of resolution by the board of directors,
and obtaining approval
of the National Assembly via the Korea Communications Commission, and the System
shall impose and collect
them.
(1) The System shall, in collecting the receiving fees under the provisions of Article
65, and in case where a person liable to
pay the receiving fees fails to pay them within
34
the relevant payment period, collect an additional charge in the amount equivalent
to the rate as prescribed by Presidential Decree
within the limit of 5/100 of the
relevant receiving fees.
(2) The System may impose and collect from any possessor of a TV set
which is not registered under Article 64 a punitive surcharge
equivalent
to the receiving fees for one year.
(3) The System may, in collecting the receiving fees under Article 65, and the
additional charge or the punitive surcharge under
paragraphs (1) and (2),
and in case where there exists any delinquency of payment, collect them
in accordance with the examples
of disposition on the national tax in ar-
rears by obtaining approval of the Korea Communications Commission.
Article 67 (Entrustment of Registration of TV Sets and Collection)
(1) The System may entrust the Mayors/Do governors with the affairs
of collecting the receiving fees under Article 66.
(2) The System may entrust the affairs of registering TV sets and of col-
lecting
the receiving fees to the manufacturer, distributor, importer-
distributor of TV sets, or other persons designated by the System.
(3) In case where the System entrusts the affairs of collecting the re-
ceiving fees under the provisions of paragraphs (1) and
(2), it shall pay
the fees under the conditions as prescribed by Presidential Decree.
Article 68 (Use of Receiving Fees)
The System may use the receiving fees collected under the provisions of
Articles 65 and 66 for the support as a revenue source to
the Educational
Broadcasting System under the Educational Broadcasting System Act
under the conditions as prescribed by Presidential
Decree.
CHAPTER OPERATION, ETC. OF
BROADCASTING BUSINESS
Article 69 (Programming, etc. of Broadcast Programs)
(1) A broadcasting business operator shall, in programming the broad-
cast
programs, have them be compatible with impartiality, public na-
ture, variety, balance, factualness, etc.
(2) A broadcasting business operator engaged in general programming
shall ensure a well-balanced presentation of subject matters
of each
field such as politics, economy, society, culture, etc.
(3) A broadcasting business operator engaged in general programming
shall, in
35
programming the broadcast programs, include the broadcast programs of news
reports, culture and entertainment under the stan- dards
as prescribed by Presidential
Decree, and program the broadcast programs so as to allow them to be mutually
in harmony. In this
case, there shall be no preponderancy of the broadcast programs
in a specified broadcast field during the prime time zone as prescribed
by Presidential
Decree (hereinafter referred to as the "prime time zone").
(4) A broadcasting business operator engaged in the
specialized pro-
gramming shall program the broadcast programs according to the stan-
dards prescribed by Presidential Decree,
so as to ensure the sufficient
reflection of the principal broadcast fields, for which a license has been re-
ceived, approval
obtained, or registration filed.
(5) The scope and sorts of broadcast programs, which a broadcasting busi-
ness operator engaged
in specialized programming may program inciden-
tally other than in the main broadcast field for which he has obtained
license
or approval, or has registered, shall be prescribed by Presiden-
tial Decree.
(7) The Korean Broadcasting System shall program viewer participation
programs directly produced by viewers under the conditions
as prescribed
by Presidential Decree.
(8) Every broadcasting business operator shall endeavor to assist a
viewing by disabled persons under the conditions as prescribed
by
Presidential Decree, and the Korea Communications Commission may, if
deemed necessary, support part of the relevant expenses
from the Fund.
digital multimedia broadcasting shall construct and operate the channels
so as not to preponderate to a particular broadcast field
but to realize
variety under the conditions prescribed by Presidential Decree.
(2) A terrestrial broadcasting business operator, a CATV broadcasting
business operator, and a satellite broadcasting business operator
conducting
digital multimedia broadcasting may not directly use the broadcasting
channels, or lease the channels to the specially
related persons of the
relevant broadcasting business operators or to specific program providing
business operators, in excess
of the scope prescribed by Presidential
Decree.
(3) A CATV broadcasting business operator and a satellite broadcast-
ing business operator (excluding a satellite broadcasting business
oper-
ator conducting digital multimedia broadcasting) shall install the chan-
nels which may be used by the State for public purposes
(hereinafter
referred to as the "public channels") and the channels having a purpose
of missionary work for religion, under the
conditions prescribed by
Presidential Decree.
(5) A CATV relay broadcasting business operator may operate the of-
ficial announcement channels which produce, program and transmit
a
broadcast program guide and the official announcement items, etc. pur-
suant to the provisions of the Korea Communications Commission's
regulations: Provided, That in the case of official announcement channels,
the matters concerning news reports, commentaries or
advertisements
shall not be transmitted. 1. The terrestrial broadcasting (limited to television broadcasting);
2.The satellite broadcasting that is aired by the System and
the Korea Educational
37
Broadcasting System provided for in the Korea Educa- tional Broadcasting System
Act;
3. The broadcasting that is aired in use of public channels;
4. The broadcasting that is aired in use of public-interest channels
provided for in the provisions of paragraph (8);
5. The broadcasting that is aired in use of channels that are operated
for the purpose of missionary purposes of religions; and
6. The broadcasting that is aired by State organs, public corporations
or non-profit corporations in use of the channels that are
published
by the Korea Communications Commission taking into account the
public interest and social needs of the broadcasting field.
The amended provisions of this paragraph shall lose its validity on and
after July 1, 2010, pursuant to paragraph (2) of the Addenda
of Act
No. 8301, January 26, 2007
(7) A CATV broadcasting business operator and a satellite broadcast-
ing business operator shall, in case where the viewers request
the broad-
cast of a program directly produced by them pursuant to the provisions
of the Korea Communications Commission's regulations,
broadcast it via
a regional channel or a public channel unless there is any special reason.
(8) Every CATV broadcasting business operator and every satellite broad-
casting business operator (excluding any satellite broadcasting
busi-
ness operator who airs the digital multimedia broadcasting) shall operate
the channels that belong to the broadcasting fields
that are published
by the Korea Communications Commission taking into account the public
interest and social needs of the relevant
broadcasting area (hereinafter
referred to as the "public-interest channels"). In this case, procedures
and standards for selecting
the public-interest channels, the scope of
their operations and other necessary matters shall be prescribed by
Presidential Decree.
Article 71 (Programming of Domestic Broadcast Programs)
(1) A broadcasting business operator shall program, among the total
programs
of the relevant channel, the home-made broadcast programs
not less than the specified ratio, under the conditions as prescribed
by
Presidential Decree.
(2) A broadcasting business operator shall program, among the motion pictures,
38
animations and popular music, which are broadcast annually, the motion pictures,
animations and popular music which are produced
in the country in more than the
specified ratio under the conditions pre- scribed by Presidential Decree: Provided,
That a terrestrial
broadcasting business operator shall newly program the animations
which are produced in the country, among the whole programs broadcast
annually
at the relevant channel, in more than the specified ratio under the conditions prescribed
by Presidential Decree.
(4) The programming ratio under paragraphs (1) through (3) may be
set at graduated levels in consideration of the characteristics,
etc. by
broadcast media and by broadcast fields.
Article 72 (Programming of Externally Produced Broadcast Programs)
(1) A broadcasting business operator shall, among the entire
broadcast
programs of the relevant channels, program the broadcast programs pro-
duced domestically by persons other than the said
operator (hereinafter
referred to as the "externally produced broadcast programs") in excess
of a specified ratio, under the conditions
as prescribed by the Presiden-
tial Decree.
(2) In programming the externally produced broadcast programs under
paragraph (1), a broadcasting business operator shall program
the broad-
cast programs produced by a specially related person so as not to exceed
a specified ratio, under the conditions as
prescribed by the Presidential
Decree.
(3) A broadcasting business operator engaged in general programming
shall program the externally produced broadcast programs in
its prime
time zone in excess of a specified ratio, under the conditions as prescribed
by the Presidential Decree.
(4) The programming ratio of the externally produced broadcast pro-
grams under paragraph (1) may be set at graduated levels in
consideration
of the characteristics by broadcast media and by broadcast fields, etc.
Article 73 (Commercial Broadcasts, etc.)
39
(1) A broadcasting business operator shall clearly separate the commer-
cial broadcasts from the broadcast programs so as to avoid
any confusions,
and shall, at the time for commercial broadcasts of and that for spot
commercials before and after the broadcast
program which is oriented to
children as its main audience, inscribe captions clarifying it as a com-
mercial without fail under
the conditions prescribed by the Presidential
Decree so that children may distinguish broadcast programs from com-
mercial broadcasts.
1. Broadcasting program commercials: Commercials that are program-
med to be aired before and after broadcasting programs (referring
to
the time ranging from the announcement of the sign-on title to the
beginning of main broadcasting programs and from the ending
of
main broadcasting programs to the announcement of the sign-off
title);
2. Interval commercials: Commercials that are programmed to be aired
during the time when one broadcasting program is interrupted
between
the beginning of such broadcasting program and the ending of such
broadcasting program;
3. Spot commercials: Commercials that are programmed to be aired between
one broadcasting program and another broadcasting program;
4. Commercial captions: Commercials that are aired in the form of let-
ters or pictures regardless of broadcasting programs; and
5. Time announcement commercials: Commercials that are aired when
the present time is announced.
(3) In the case of the broadcast engaged in a specialized programming
for the product presentation and marketing, the contents of
a broadcast
for the presentation and marketing of the relevant products shall not be
considered a commercial broadcast.
(4) A broadcasting business operator and an electric sign board broad-
casting business operator shall program the non-commercial
public
interest advertisements which are produced for the purpose of promot-
ing the public interests in excess of a specified
ratio as prescribed by
40
the Presidential Decree.
(5) Every terrestrial broadcasting business operator (including any pro-
gram provider who airs the terrestrial broadcasting in
use of the channel
after conclude a broadcasting channel use contract with any terrestrial
broadcasting business operator) may
not conduct the commercial broad-
casts except for the commercial broadcast items entrusted by the Korean
Broadcasting Advertising
Corporation or a commercial broadcast mar-
keting agency prescribed by Presidential Decree: Provided, That this shall
not apply
to the commercial broadcasts prescribed by Presidential Decree.
Article 74 (Announcement of Sponsors)
(1) A broadcasting business operator may make an announcement of
sponsors within the limit as prescribed by Presidential Decree.
(2) Matters necessary for the detailed standards and methods of the
announcement of sponsors, etc. shall be determined by the Korea
Com-
munications Commission's regulations.
(1) A broadcasting business operator engaged in general programs or
specialized in news programs shall broadcast a disaster program
to reduce
or prevent damages caused by the disaster, when a disaster under Article
2 of the Countermeasures against Natural Disasters
Act or Article 3 of
the Framework Act on the Management of Disasters and Safety occurs,
or when there is a concern about such occurrence.
(2) When a disaster occurs or such occurrence is expected, the Korea
Communications Commission may request broadcasting business
operators
to broadcast a disaster program to reduce or prevent the damages caused
by the disaster in accordance with Presidential
Decree. In this case, those
operators shall comply with such request unless there is any special reason.
(3) The Korea Communications Commission may designate the Korean
Broadcasting System as the supervisory agency for disaster broadcasts.
(4) Matters necessary for the standards and methods, etc. of disaster
broadcasts shall be determined by the Korea Communications
Commission's
regulations.
Article 76 (Supply of Broadcasting Programs and General Watching and
Listening Right, etc.)
(1) A broadcasting business operator shall, in case where it supplies
the broadcast programs to other broadcasting business operators,
supply
them at fair and reasonable market prices and without any discrimina-
tions.
(2) The Korea Communications Commission shall publish the sports games
and other major events that are greatly popular with the
people (hereinafter
referred to as the "events that are greatly popular with the people, etc.")
after going through the deliberation
thereof of the General Watching and
Listening Right Guarantee Committee provided for in Article 76-2. In
this case, the Korea Communications
Commission shall hear the opinions
of the Minister of Culture, Sport and Tourism, broadcasting business
operators as well as the
viewers.
(3) The persons who hold the right to relay broadcasting for the events
that are greatly popular with the people, etc. or their
agents (hereinafter
referred to as the "persons who hold the right to relay broadcasting,
etc.") shall indiscriminately provide
other broadcasting business opera-
tors with the right to relay the broadcasting for the events that are
greatly popular with the
people, etc. at fair and rational prices in order
for the general people to watch and listen to them.
(4) Every broadcasting business operator may report in writing any
act that is performed in violation of the provisions of paragraphs
(1)
and (3) to the Korea Communications Commission.
Article 76-2 (General Watching and Listening Right Guarantee Com-
mittee)
(1) The General Watching and Listening Right Guarantee Committee
42
shall be set up under the Korea Communications Commission in order
to ensure the smooth performance of the work of publishing the
events that
are greatly popular with the people, etc. provided for in the provisions
of Article 76 (2).
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
Article 76-3 (Measures Taken to Guarantee General Watching and Lis-
tening Right, etc.)
(1) Every broadcasting business operator and every person who hold the
right to relay broadcasting, etc. shall abide by matters
including prohi-
bited acts, etc. that are prescribed by Presidential Decree in order to
guarantee the general watching and listening
right of the people provided
for in the provisions of Article 76 (3).
(2) With respect to any broadcasting business operator and any person
who holds the right to relay broadcasting, etc. who have violated
the
prohibited matters referred to in the provisions of paragraph (1), the
Korea Communications Commission may order them to take
necessary mea-
sures to discontinue their violations of the prohibited matters. In this
case, the Korea Communications Commission
shall give each of the relevant
parties an opportunity to state his opinion during a fixed period before
it orders them to take
the corrective measures: Provided, That the same
shall not apply to a case where the relevant parties fail to comply with
the order
without any justifiable grounds thereof.
(3) In case where it is deemed necessary to inspect the relation of fact
to determine whether the prohibited matters referred to
in the provi-
sions of paragraph (1) are violated, the Korea Communications Commission
may ask the relevant broadcasting business
operator and the relevant
person who holds the right to relay broadcasting, etc. to submit their ma-
terials under the conditions
as prescribed by Presidential Decree or get
43
the staff of its secretariat to enter the offices or the business places of the
relevant broadcasting business operator and the
relevant person who holds
the right to relay broadcasting, etc. to check their business operations.
(4) When the relevant broadcasting business operator and the relevant
person who holds the right to relay broadcasting, etc. fail
to take neces-
sary measures to discontinue their violations of the prohibited matters
referred to in the provisions of paragraph
(2) without any justifiable
grounds thereof, the Korea Communications Commission may impose pen-
alty charges to the relevant broadcasting
business operator and the rel-
evant person who holds the right to relay broadcasting, etc. within the
limit of not exceeding the
amount obtained by multiplying 5/100 by the
total contract amount of the relevant right to relay broadcasting.
(5) The staff of the secretariat, who are assigned to conduct the check
pursuant to the provisions of paragraph (3), shall carry
their certificates
showing their authority and produce them to persons concerned.
[This Article Newly Inserted by Act No. 8301,
Jan. 26, 2007]
Article 76-4 (Recommendation to Conclusion of Joint Contract of Right
to Relay Broadcasting)
The Korea Communications Commission may recommend broadcasting busi-
ness operators and persons who hold the rights to relay broadcasting
to
conclude a joint contract for the right to relay broadcasting in order to
guarantee the general watching and listening right
for the events that
are greatly popular with the people, etc. and prevent any excessive com-
petition for securing the right to
relay broadcasting.
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
Article 76-5 (Recommendation to Orderly Program Relay Broadcasting,
etc.)
(1) Every broadcasting business operator shall work not to infringe on
the rights and interests of the viewers when he exercises
his right to re-
lay broadcasting for the events that are greatly popular with the people,
etc. due to his excessively duplicative
broadcast programming and work
to orderly program his broadcasting by channel and media.
(2) The Korea Communications Commission
may recommend broadcasting
business operators to orderly and efficiently program their broadcasting
44
by channel and media referred to in the provisions of paragraph (1).
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
Article 77 (Approval of Standard Contractual Terms and Conditions for
Pay Television)
(1) A broadcasting business operator, a CATV relay broadcasting busi-
ness operator and a CATV music broadcasting business operator
who
intend to conduct the pay television shall set forth the standard contrac-
tual terms and conditions concerning the user fees
and other conditions,
and report thereon to the Korea Communications Commission, and obtain
approval of the Korea Communications
Commission for the user fees. The
same shall apply to the case of any modification of the reported standard
contractual terms and
conditions or of the approved user fees.
(2) The Korea Communications Commission may, in case where it deems
that the standard contractual terms and conditions under paragraph
(1)
are significantly unreasonable and hamper the viewers' interests, order
a broadcasting business operator, a CATV relay broadcasting
business
operator and a CATV music broadcasting business operator to modify
the relevant standard contractual terms and conditions,
with fixing a
considerable period.
(1) A CATV broadcasting business operator, a satellite broadcasting
business operator (excluding a satellite broadcasting business
operator
conducting digital multimedia broadcasting) and a CATV relay broadcast-
ing business operator shall receive the terrestrial
broadcasts (excluding
radio broadcasts) conducted by the Korean Broadcasting System and the
Korea Educational Broadcasting System
under the Korea Educational
Broadcasting System Act, and simultaneously re-transmit the said broad-
casts as they are without modifying
them (hereinafter referred to as the
"simultaneous re-transmission"): Provided, That this shall not apply to
the case where the
broadcasting zones of the relevant CATV broadcasting
business operator and the CATV relay broadcasting business operator
are not
included in the broadcasting zone of the relevant broadcasting
business operator conducting the terrestrial broadcasts.
where a terrestrial broadcasting business operator under paragraph (1)
operates several terrestrial broadcasting channels, the terrestrial
broad-
cast to be simultaneously re-transmitted shall be limited to one terrestrial
broadcast channel which the Korea Communications
Commission appoints
and publicly announces considering the contents, etc. of broadcast pro-
gramming by terrestrial broadcasting
business operators.