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Laws of the Republic of Korea |
ENFORCEMENT DECREE OF THE BROADCASTING ACT
Presidential Decree No. 16751, Mar. 13, 2000
Amended by Presidential Decree No. 17137, Feb. 24, 2001 Presidential Decree No. 17156, Mar. 20, 2001
Presidential Decree No. 17819, Dec. 26, 2002
Presidential Decree No. 17968, Apr. 17, 2003
Presidential Decree No. 17985, May 29, 2003
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18393, May 24, 2004
Presidential Decree No. 18493, Jul. 29, 2004
Presidential Decree No. 18548, Sep. 17, 2004
Presidential Decree No. 19045, Sep. 14, 2005
Presidential Decree No. 19390, Mar. 10, 2006
Presidential Decree No. 19806, Dec. 29, 2006
Presidential Decree No. 20219, Aug. 7, 2007
Presidential Decree No. 20323, Oct. 15, 2007
Presidential Decree No. 20649, Feb. 22, 2008
Presidential Decree No. 20672, Feb. 29, 2008
Presidential Decree No. 20896, Jul. 3, 2008
Presidential Decree No. 20947, Jul. 29, 2008
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the
Broadcasting Act and matters necessary for the enforcement thereof.
The terms used in this Decree shall be defined as follows:
1. The term "terrestrial TV broadcasting business operator" means
anyone who is licensed in accordance with Article 9 (1) of the
Broadcasting
Act (hereinafter referred to as the "Act") to run a terrestrial TV
broadcasting business airing TV broadcasts (hereinafter
referred to as the
"terrestrial TV broadcasting business");
2.The term "terrestrial radio broadcasting business operator" means anyone who
is licensed in accordance with Article 9 (1) of the
Act to run the terrestrial
radio broadcasting business airing radio broad- casts;
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3. The term "terrestrial mobile multimedia broadcasting business op-
erator" means anyone who is licensed in accordance with Article
9 (1)
of the Act to run the terrestrial broadcasting business airing mobile
multimedia broadcasts (hereinafter referred to as "terrestrial
mobile
multimedia broadcasting business");
4. The term "satellite mobile multimedia broadcasting business oper-
ator" means anyone who is licensed in accordance with Article
9 (1)
of the Act to run the satellite broadcasting business airing mobile
multimedia broadcasts (hereinafter referred to as "satellite
mobile
multimedia broadcasting business");
5. The term "general satellite broadcasting business operator" means
anyone who is licensed in accordance with Article 9 (1) of the
Act
to run the satellite broadcasting business except the satellite mobile
multimedia broadcasting business;
6. The term "TV program provider" means anyone who has his business
registered or obtains approval for his business in accordance
with Article
9 (5) of the Act to run a program provider airing TV broadcasts
(hereinafter referred to as "TV program provider");
7. The term "radio program provider" means anyone who has his busi-
ness registered or obtains approval for his business in accordance
with
Article 9 (5) of the Act to run the program provider airing radio broad-
casts (hereinafter referred to as the "radio program
provider");
8. The term "data program provider" means anyone who has his busi-
ness registered or obtains approval for his business in accordance
with Article 9 (5) of the Act to run the program providing business
airing data broadcasts (hereinafter referred to as the "data
program
provider");
9. The term "terrestrial broadcasting program provider" means anyone
who runs a program providing business to air terrestrial broadcasts
using a channel under a broadcasting channel use contract that is
concluded with any terrestrial broadcasting program provider;
10. The term "terrestrial mobile multimedia program provider" means
anyone who runs the program providing business airing terrestrial
broadcasts using a channel under a broadcasting channel use contract
that is concluded with any terrestrial mobile multimedia broadcast-
ing business operator; and
11. The term "satellite mobile multimedia program provider" means anyone
who runs a program providing business airing satellite broadcasts
using a channel
under a broadcasting channel use contract that is concluded with any satellite
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mobile multimedia broadcasting business operator.
[This Article Newly Inserted by Presidential Decree No. 18548, Sep. 17, 2004]
Article 1-3 (Supplementary Installations by Satellite Mobile Multime-
dia Broadcasting Business Operators)
A terrestrial wireless station, that is opened without a studio in order
to supplement broadcasts aired by a satellite mobile multimedia
broad-
casting business operator and to solve problems in a fringe area, shall
be deemed a supplementary installation to a satellite
wireless station.
[This Article Newly Inserted by Presidential Decree No. 18548, Sep. 17, 2004]
Article 2 (Broadcast Subject to
CATV Relay Broadcasting)
"Broadcasts as prescribed by the Presidential Decree" in subparagraph
4 of Article 2 of the Act are broadcasts
aired through channels that the
State may use for public purposes (hereinafter referred to as "public
channels") under the provisions
of Article 70 (3) of the Act and the broadcasts
that are published by the Broadcasting and Communications Commission
in accordance
with Article 56 (2) 4.
(1) The term "specially related person" in Article 8 (2) through (4)
and (10) of the Act means the principal and any person in a
relationship
falling under any of the following subparagraphs: 1. In cases where the principal is an individual, anyone who falls under
any of the following items:
(a) The spouse (including anyone who is in a de facto marriage), a
relative by blood who is related to the principal as a third
cousin
or more closely related thereto, or a relative who is related to the
principal as a cousin or more closely related thereto;
(b) The corporation (including any non-corporate association or founda-
tion; hereafter the same shall apply in this Article) and
any of
its officers that the principal makes equity investment in or con-
tributions to independently or jointly with the person
referred to
in item (a) in excess of 30/100 in or to, or exercises de facto influence
over the major management thereof; and
(c) The corporation and any of its officers that the principal makes
equity investment in or contributions to independently or jointly
with the person referred to in item (a) or (b) in excess of 30/100
in or to, or exercises de facto influence over the major management
thereof; and
2. In cases where the principal is a corporation, anyone who falls under
- 4 -
any of the following items:
(a) An officer;
(b) An affiliate (referring to the affiliate provided for in subparagraph
3 of Article 2 of the Monopoly Regulation and Fair Trade
Act) and
any of its officers;
(c) An individual who makes equity investment in or contributions
to independently or jointly with the person referred to in any
item
of subparagraph 1 in excess of 30/100 thereof in or to the principal
or exercises de facto influence over the principal's
major manage-
ment, and any other individual, any corporation, and its officer
that maintain the relationship referred to in any
item of subparagraph
1 with the individual; and
(d) The corporation and any of its officers that the principal makes
equity investment or contributions independently or jointly
with
the peson that maintains the relationship referred to in any of items
(a) through (c) in excess of 30/100 in or to, or exercises
de facto
influence over the major management thereof.
(2) Notwithstanding paragraph (1), limited to the cases under Article
8 (2) of the Act, among the persons falling under paragraph
(1) 1 (b)
and (d), and 2 (b) through (d), any person not falling under any of the
following relationships with the principal, who
is prescribed not to ex-
ercise controlling influence on major management affairs of a corporation
or decision-making of an individual
by the regulations of the Broadcasting
and Communications Commission: 1. In cases of an individual:
Any person who has been or is an employer (referring to an officer
in cases of a corporation, and
a commercial employee and an employee
by employment contract in case of an individual; hereinafter the same
shall apply) of the
principal; and
2. In case of a corporation:
Any person who has guarantees of debts or loans to or from the principal.
(3) The term "officer" referred
to in paragraph (1) means a director, au-
ditor, partner with unlimited liability or other person whose position is
in fact equivalent
to the former's positions.
(4) "Exercise of de facto influence over major management matters" referred
to in paragraph (1) means a case falling under any of
the following sub-
paragraphs: 1. If the principal is authorized to select and appoint the representative
of the relevant corporation or not less than a majority
of its officers
independently or under a contract or agreement that is concluded or
reached with any other person;
2. If the principal performs transactions in funds, assets, commodities
and services, etc. with the relevant corporation in excess
of the or-
dinary scope, offers the guarantee of debts for the relevant corpora-
tion or receives the guarantee of debts from the
relevant corporation;
and
3. If the case equivalent to the cases referred to in subparagraphs 1 and
2 accrues, which is prescribed by the regulations of the
Broadcasting
and Communications Commission.
(5) Scope of the persons specially related under each subparagraph of
paragraph (1) shall apply mutatis mutandis to the scope of
the persons
specially related under Articles 4 (2) 1, (4) 3, and (5) (the former part),
53 (2), 58 (2) and 60 (1) 3.
OPERATORS, ETC.
Article 4 (Scope, etc. of Restriction on Ownership)
(1) Companies belonging to business groups which shall not concurrently
operate
a terrestrial broadcasting business and a program providing
business engaged in general programming or programming specializing
in
news reports or own its stocks or equity shares under Article 8 (3) of
the Act and their affiliated companies shall be the enterprises
which belong
to a business group whose gross amount of assets is in excess of 3 trillion
won as of the date on which such business
group is designated as a business
group subject to the mutual equity investment limit from among the business
groups that are designated
as the business groups subject to the mutual
equity investment limit under Article 14 of the Monopoly Regulation and
Fair Trade
Act and from among the business groups and affiliated companies
provided for in subparagraphs 2 and 3 of Article 2 of the same Act.
of the following subparagraphs:
1. If the ratio comprised of the sum of sales proceeds (limited to sales
proceeds from the broadcasting business, such as incomes
from
commercial broadcasts, those from broadcast receiving fees, and those
from sales of broadcast programs from among sales proceeds
on the
settlement of accounts; hereinafter the same shall apply) of a specific
broadcasting business operator (excluding a program
provider; hereafter
the same shall apply in this subparagraph), together with the sales
proceeds of a broadcasting business operator
specially related to the
relevant broadcasting business operator, exceeds 33/100 of the
aggregate sales proceeds of the entire
broadcasting business operators:
Provided, That this shall not apply to the case of the broadcasting
business operators prescribed
in each subparagraph of Article 8 (2)
of the Act;
2. If a terrestrial broadcasting business operator owns in excess of 33/100
of the stocks or equity shares of a specific satellite
broadcasting business
operator; or
3. If a satellite broadcasting business operator owns in excess of 33/100
of the stocks or equity shares of a specific CATV broadcasting
business
operator.
(3) "In excess of the scope prescribed by the Presidential Decree" in Article
8 (6) of the Act means a case falling under any of
the following sub-
paragraphs: 1. If a specific terrestrial broadcasting business operator runs a program
providing business in excess of 3/100 (if the number calculated
by
dividing the total number of business operators by 3/100 is less than
six, it shall be six) of the total number of business
operators by a
TV program provider, the radio program provider or the data program
provider (referring to a case where he concurrently
runs any other
business or owns not less than 5/100 of the total stocks or equity shares
thereof; hereinafter the same shall apply);
2. If a specific CATV broadcasting business operator or satellite broad-
casting business operator runs a program providing business
in excess
of 1/5 of the total number of business operators by a TV program provider,
the radio program provider or the data program
provider;
3. If a program provider runs the CATV broadcasting business in the
area exceeding one fifth of the entire CATV broadcasting zones;
or
4. If a signal transmission network business operator (limited to a gov-
- 7 -
ernment-invested corporation under Article 2 of the Framework Act
on the Management of Government-Invested Institutions, or a juristic
person falling under an enterprises subject to Article 2 of the Act on
the Improvement of Managerial Structure and Privatization
of Public
Enterprises) runs the CATV broadcasting business in the area exceeding
one tenth of the entire CATV broadcasting zones.
(4) "Cases exceeding the scope prescribed by the Presidential Decree" in
the main sentence of Article 8 (7) of the Act are cases
falling under any
of the following subparagraphs:
1. Cases where a terrestrial TV Broadcasting business operator or a
terrestrial radio broadcasting business operator falls under
any of the
following items:
(a) Cases where he owns stocks or 7/100 of equity shares of other
terrestrial TV broadcasting business operator or terrestrial radio
broadcasting business operator;
(b) Cases where he owns stocks or 5/100 of equity shares of another
terrestrial TV broadcasting business operator or terrestrial
radio
broadcasting business operator who owns his stocks or equity shares;
and
(c) Cases where he owns stocks or equity shares of other terrestrial
broadcasting business operator (excluding terrestrial mobile
multi-
media broadcasting business operators) in excess of 1/10 of the
total number of terrestrial broadcasting business operators;
2. Cases falling under any of the following items by broadcasting zones
that are published by the Broadcasting and Communications
Commis-
sion, taking into account administrative districts and broadcasting
fields, in cases where a terrestrial TV broadcasting
business operator
or terrestrial radio broadcasting business operator carries out a terres-
trial mobile multimedia broadcasting
business:
(a) The case where the terrestrial TV broadcasting business operator
or terrestrial radio broadcasting business operator runs a
terrestrial
mobile multimedia broadcasting business in excess of 1/3 of the
total number of terrestrial mobile multimedia broadcasting
business
operators by broadcasting zones, in a case where the number of
terrestrial mobile multimedia broadcasting business operators
by
broadcasting zones is not less than 3 to less than 6; and
(b) The case where the terrestrial TV broadcasting business operator
- 8 -
or terrestrial radio broadcasting business operator runs a terrestrial
mobile multimedia broadcasting business in excess of 1/5
of the
total number of terrestrial mobile multimedia broadcasting business
operators by broadcasting zones, in a case where the
number of
terrestrial mobile multimedia broadcasting business operators by
broadcasting zones is 6 or more;
3. If the ratio comprised of the sum of sales proceeds of a specific CATV
broadcasting business operator, together with the sales
proceeds of
a CATV broadcasting business operator specially related to the relevant
CATV broadcasting business operator, exceeds
33/100 of the aggregate
sales proceeds of the entire CATV broadcasting business operators;
4. If a specific CATV broadcasting business operator operates a business
of CATV broadcasting in the area exceeding one fifth of
the entire CATV
broadcasting zones;
5. If a specific satellite broadcasting business operator holds in excess
of 33/100 of shares or equity of another satellite broadcasting
busi-
ness operator; and
6. If a specific satellite broadcasting business operator runs not less
than 2 satellite broadcasting businesses of other satellite
broadcast-
ing business operators.
(5) "In excess of the scope prescribed by the Presidential Decree" in Article
8 (8) of the Act means a case where the ratio comprised
of the sum of
sales proceeds of a specific broadcasting program provider, together with
the sales proceeds of a program provider
specially related to the relevant
program provider, exceeds 33/100 of the aggregate sales proceeds of the
entire program providers.
in such cases, the sales proceeds of the program
provider engaged in a specialized programming of product presentation
and marketing
shall not be included in the calculation.
(6) The calculation of the number of program providers pursuant to
paragraph (3) 1 and
2, if any, shall be in accordance with the standards
for calculating the number of program providing businesses referred to
in
Article 13-3.
Article 5 (License of Broadcasting Business, etc.)
(1) A person who intends to carry out a terrestrial broadcasting business,
satellite
broadcasting business, CATV broadcasting business and CATV
relay broadcasting business in accordance with Article 9 (1) and (2)
of
the Act shall submit an application for license to the Broadcasting and
Communications Commission, attaching the documents as
mentioned in
- 9 -
the following subparagraphs thereto:
1. Documents stating matters on the applicant;
2. Business plan; and
3. Plan for installation of facilities.
(2) The application for license referred to in paragraph (1) shall comply
with the criteria
mentioned in the following subparagraphs:
1. The application for a license of terrestrial broadcasting business is
required to be made for each type of broadcasting;
2. The application for a license of satellite broadcasting business is required
to be filed by a satellite wireless station. In such
cases, the procedure
of licensing any wireless station that is opened by any satellite mobile
multimedia business operator without
installing any studio to rescue
difficulties in viewing TV broadcasts and listening to radio broadcasts
shall be governed by the
Enforcement Decree of the Radio Waves Act;
and
3. The application for a license of CATV broadcasting business and CATV
relay broadcasting business is required to be made for each
broadcast-
ing zone.
(3) The Broadcasting and Communications Commission shall, when it has
received an application for a license referred to in paragraph
(1), examine
the matters mentioned in the subparagraphs of Article 10 (1) of the Act
and matters prescribed by the Acts and subordinate
statutes concerning
radio waves to decide whether to grant a license or not within 90 days
from the date of receipt, and when it
grants a license, deliver a written
license to the applicant.
(4) A person who intends to run a CATV broadcasting business or CATV
relay broadcasting business shall satisfy the requirements
in the following
subparagraphs:
1. The plan for the installation of facilities shall conform to the technical
standards of CATV broadcasting business or CATV relay
broadcasting
business referred to in Article 79 (1) of the Act;
2. The convenience of receivers and the minimum quality of broadcasting
shall be guaranteed; and
3. Detailed procedures and methods necessary for licensing as referred
to in paragraphs (1) through (4) shall be determined by the
regulations
of the Broadcasting and Communications Commission.
[This Article Wholly Amended by Presidential Decree No. 20672, Feb.
29, 2008]
Article 6 Deleted.
Broadcasting Business Operator)
(1) If a CATV relay broadcasting business operator seeks authorization
for a CATV broadcasting business under Article 9 (3) of the
Act, he shall
submit a written application for authorization to the Broadcasting and
Communications Commission, along with the
plans for facilities conversion
by satisfying the requisites in the following subparagraphs:
1. The plans for facilities conversion shall conform to the technological
standards for a CATV broadcasting business under Article
79 (1) of
the Act; and
2. The ratio of the number of subscribers of a CATV relay broadcasting
business operator, occupying among the number of entire households
in the CATV broadcasting zone where he is located, shall be in excess
of the ratio announced publicly by the Broadcasting and Communications
Commission in consideration of the scope and characteristics of the
relevant business zone.
(2) The Broadcasting and Communications Commission shall, upon receipt
of an application for authorization under paragraph (1),
examine the
matters in each subparagraph of paragraph (1) and of Article 10 (1) of
the Act, and notify the applicant of the relevant
results within ninety
days.
Article 7-2 Deleted.
1. Name of the business operator;
2. Representative and the person in charge of programming;
3. Paid-in capital and real capital;
4. Supply fields of the broadcast programs;
5. Composition of shareholders and investors who hold not less than
5/100 of shares issued or equity;
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6. Location of the principal office; and
7. Location of transmitting facilities referred to in Article 9-2 (1) 2 of
the Act.
(2) The Broadcasting and Communications Commission shall, upon receipt
of an application for registration under paragraph (1), deliver
a certificate
of registration to the applicant within thirty days, after undergoing a
verification of whether the contents of application
are in violation of Acts
and subordinate statutes and a confirmation of factual relations.
(3) Definite procedures and methods necessary for the registration of a
program providing business shall be determined by the regulations
of the
Broadcasting and Communications Commission.
Article 9 (Registration of Electronic Sign Board Broadcasting Business
and CATV Music Broadcasting Business)
(1) A person who intends to operate an electronic sign board broadcasting
business or a CATV music broadcasting business under the
text of Article
9 (5) of the Act shall submit to the Broadcasting and Communications
Commission a written application for registration
stating the matters in
the following subparagraphs:
1. Name of the business operator;
2. Representative and the person in charge of programming;
3. Business zones; and
4. Business objectives and details.
(2) Provisions of Article 8 (2) and (3) shall apply mutatis mutandis to
the registration of
an electronic sign board broadcasting business or a CATV
music broadcasting business.
Article 10 (Authorization for Program Providing Business)
(1) A person who intends to operate a business using broadcast chan-
nels engaged in general programming or specialized programming of news
reports or product presentation and marketing in accordance
with the
provisions of the proviso to Article 9 (5) of the Act, shall submit a written
application for authorization for a program
providing business to the
Broadcasting and Communications Commission, along with the matters
on the applicant and the business
plans.
(2) The Broadcasting and Communications Commission shall, upon receipt
of an application for authorization under paragraph (1),
decide whether
the authorization is to be granted by examining the matters in each subpara-
- 12 -
graph of Article 10 (1) of the Act, and notify the applicant of the rele-
vant results within sixty days.
(3) The provisions of Article 7 (3) shall apply mutatis mutandis to the
authorization for a program providing business.
Article 11 (Authorization for Satellite Broadcasting Business, etc. Using
Artificial Satellite of Foreign Country)
(1) A person who intends to conduct a satellite broadcast using wireless
facilities of an artificial satellite of a foreign country
or to use a specific
channel of a wireless station on an artificial satellite of a foreign country
under Article 9 (6) and (8)
of the Act, shall submit a written applica-
tion for authorization to the Broadcasting and Communications Commission,
along with
the documents referred to in the following subparagraphs:
1. Documents stating the matters on the applicant;
2. Contract for use of wireless facilities or of specific channels of a wire-
less station on an artificial satellite of a foreign
country;
3. Business plans; and
4. Plans for an installation of facilities.
(2) The Broadcasting and Communications Commission shall, upon receipt
of an application
for authorization under paragraph (1), examine the matters
referred to in each subparagraph of Article 10 (1) of the Act, and notify
the applicant of the relevant results within ninety days.
(3) Provisions of Article 7 (3) shall apply mutatis mutandis to the au-
thorization of a business of satellite broadcasting using
an artificial sat-
ellite of a foreign country or a program providing business.
Article 12 (Registration of Signal Transmission
Network Business)
(1) A person who intends to operate a signal transmission network busi-
ness under Article 9 (10) of the Act
shall submit a written application
for registration stating the matters referred to in the following sub-
paragraphs, to the Broadcasting
and Communications Commission, along
with the business plans and the plans for installation of facilities:
1. Registration applicant;
2. Funds required at the time of an incorporation;
3. Current status of technical manpower; and
4. Business zones.
(2) Upon receipt of an application for registration under paragraph (1),
the Broadcasting and Communications
Commission shall deliver a certificate
- 13 -
of registration to the applicant within thirty days, upon verification of
whether the content of application is in violation of
the registration
requirements prescribed by a public notice made by the Broadcasting and
Communications Commission and other Acts
and subordinate statutes,
and a confirmation of the factual relations.
(3) When a signal transmission network business operator intends to
modify the registered matters, he shall make a modified registration
with
the Broadcasting and Communications Commission under the conditions
as determined by a public notice made by the Broadcasting
and Com-
munications Commission.
(1) A person who intends to operate a community radio broadcasting
business under Article 9 (11) of the Act shall submit to the
Broadcasting
and Communications Commission an application for license, which is
prepared in the form prescribed by its regulations,
attaching documents
mentioned in the following subparagraphs thereto:
1. Documents stating the matters on the applicant;
2. Business plans; and
3. Plans for installation of facilities.
(2) The Broadcasting and Communications Commission shall, when it has
received an application
for license pursuant to paragraph (1), examine
the matters mentioned in the subparagraphs of Article 10 (1) of the Act
and matters
prescribed by the Acts and subordinate statutes concerning
radio waves to decide whether to grant a license or not within 90 days
from the date of receipt, and when it grants a license, deliver a written
license to the applicant.
(3) Detailed procedures and methods necessary for licensing as referred
to in paragraphs (1) and (2) shall be determined by the
regulations of
the Broadcasting and Communications Commission.
[This Article wholly Amended by Presidential Decree No. 20672, Feb. 29, 2008]
Article 13-2 (Management, etc. by Community Radio
Broadcasting Busi-
ness Operator)
(1) A community radio broadcasting business operator shall provide
broadcasting services at least six hours a day and broadcast
programs
- 14 -
in the main broadcast field which he has obtained a license for at least
60/100 of the total monthly broadcasting time of the channel.
(2) The financial resources of a community radio broadcasting business
operator shall consist of the following:
1. Contributions;
2. Subsidies from local governments;
3. Revenues from commercials under Article 73 (2) of the Act;
4. Revenues from announcements of sponsors under Article 74 of the
Act; and
5. Other revenues.
[This Article Newly Inserted by Presidential Decree No. 20219, Aug. 7, 2007]
Article 13-3 (Applicable Criteria,
etc. of Capital Requirements for
Registration of Program Providing Business)
(1) In cases where one person runs several program providing businesses
in accordance with Article 9-2 (2) of the Act concurrently,
the capital
requirements referred to in Article 9-2 (1) 1 of the Act shall apply to
each of the TV program providers in cases of
a TV program provider, to
each of 15 radio program providers in cases of a radio program provider,
and to each of three data program
providers in cases of a data program
provider.
(2) The criteria of calculation of the number of TV program providers,
which becomes a criterion for the application of capital
requirements referred
to in paragraph (1) are as prescribed in the following subparagraphs:
1. Each broadcasting field such as a TV program provider, radio program
provider or data program provider, which is units of the
registration
application of a program providing business shall be calculated as one
program providing business;
2. In cases where one person broadcasts in the same broadcasting field
through several channels in a specific interval of time, it
shall be
calculated as one program providing business; and
3. In cases of a program provider which provides broadcast programs to
enable viewers to view specific broadcast programs of their
selection
at a specific time, each of the same broadcasting field provided by
the same provider shall be calculated as one program
providing business.
[This Article Newly Inserted by Presidential Decree No. 20649, Feb. 22, 2008]
Article 14 (Investment and Contribution
by Foreign Capital)
"Ratio prescribed by the Presidential Decree" in Article 14 (1) 3 of the
Act means a case where the total sum
of stocks or equity shares of the
relevant corporation owned by a foreign government, a foreign organization
- 15 -
or a foreigner corresponds to 50/100 of the total numbers of stocks or
equity shares of the relevant corporation (including cases
where a foreign
government, a foreign organization or a foreigner is the largest sum
investor).
[This Article Wholly Amended by Presidential Decree No. 17156, Mar. 20, 2001]
Article 15 (Modified License, etc.)
"Modification of important facilities as prescribed by the Presidential De-
cree" in Article 15 (1) 7 of the Act means a modification
falling under
any of the following subparagraphs: 1. Modification of the main signal transmission devices (including the
relocation of the main signal transmission devices in the
cases of
CATV broadcasting business operator, CATV relay broadcasting busi-
ness operator and CATV music broadcasting business
operator)
causing an alternation of the broadcasting zone; and
2. Modification of operating channels or facilities that have effect on
whether the technological standards under Article 79 (1)
of the Act
are met.
Article 15-2 (Approval for Change in Greatest Amount Investor, etc.)
(1) A person who seek approval under the main sentence of Article
15-
2 (1) of the Act shall apply to the Broadcasting and Communications
Commission for approval within a period described in any
of the following
subparagraphs:
1. If he intends to become the largest sum investor (referring to a person
who holds the highest percentage of voting stocks or equity
shares
by adding his stocks or equity shares and those of persons specially
related to him; hereinafter the same shall apply):
(a) In cases of acquisition of stocks or equity shares in over-the-counter
transactions under Article 166 of the Capital Market
and Financial
Investment Business Act, thirty days after a contract or agreement
is made; and
(b) In cases of acquisition of stocks in the securities market or KOSDAQ,
sixty days prior to such acquisition; and
2. If he intends to substantially control management rights:
(a) In cases of paragraph (2) 1 and 2, thirty days after a contract
or agreement is made; and
(b) In cases of paragraph (2) 3, thirty days after performing any act
- 16 -
of causing the exercise of substantial influence on decision-making;
(2) "Cases where a person has gained substantially control
of the
management rights" in Article 15-2 (4) of the Act are the following cases:
1. In cases where a person exercises his voting rights equivalent to 50/
100 or more (30/100 or more, in case of terrestrial broadcasting
busi-
ness and program providing business engaged in general programs
or specialized in news programs) by contract or agreement
with
stockholders or equity share holders;
2. In cases where stockholders or equity shareholders, other than the
largest sum investor, agree to jointly exercise their voting
rights
equivalent to 50/100 or more (30/100 or more, in cases of terrestrial
broadcasting business and program providing business
engaged in
general programs or specialized in news programs); and
3. In cases where a person exercises substantial influence over decision-
making on the appointment or dismissal of the chief executive
officer
or 1/2 or more of officers or the transfer or takeover of business.
(3) The Broadcasting and Communications Commission
shall, in cases
where it receives an application for approval under paragraph (1), notify
the applicant of the result thereof within
sixty days after such receipt:
Provided, That it may, when there is any unavoidable reason, extend the
period for such notification
by a further period of up to thirty days.
(4) Deleted.
(6) Any person who intends to file a report under the proviso of Article
15-2 (1) of the Act shall file such report with the Broadcasting
and
Communications Commission within a period referred to in any subpara-
graph of paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 20219, Aug. 7, 2007]
Article 16 (Renewed License, etc.)
(1) The valid terms of a license and an authorization under Article 16
- 17 -
of the Act shall be three years.
(2) A person intending to renew a license under Article 17 (1) of the Act
shall apply for the renewal of a license to the Broadcasting
and Com-
munications Commission not later than six months prior to the expiration
of the valid term of the license.
(3) A person who seeks a renewal of authorization under Article 17 (2)
of the Act shall apply for a renewal of authorization to
the Broadcasting
and Communications Commission not later than six months prior to the
expiration of valid term of the authorization.
(4) The Broadcasting and Communications Commission shall, upon receipt
of an application for a renewed license under paragraph (2),
check
(hereinafter referred to as "check for granting renewed license") the
technologies and facilities under the conditions as
announced by the
Broadcasting and Communications Commission in order to maintain the
quality of broadcasts and to protect receivers.
Article 17 (Revocation, etc. of License, Authorization or Registration)
(1) The criteria for the revocation of license, authorization
or registration
and suspension of business under Article 18 (3) of the Act shall be according
to the attached Table 1.
AND COMMUNICATIONS COMMISSION
- 18 -
Article 20 Deleted.
(2) When the information prescribed under paragraph (1) is in violation
of the provisions concerning the deliberation of broadcasts
under Article
33 of the Act, the Broadcasting and Communications Deliberation Com-
mittee may recommend a correction thereof to
the provider of the relevant
information. 1. Non-business public-interest commercials provided for in Article 73
(4) of the Act;
2. Commercials that fall under the provisions of Article 59 (4) 1 and 2;
3. Commercials that are aired for any election campaign provided for
in Article 70 (1) of the Public Official Election Act;
3-2.
Commercials of the main film categorized as "Admission for All Ages"
or "Admission for 12 Years or Older" in film rating under Article
21
(3) of the Promotion of the Motion Pictures Industry Act;
3-3. Commercials providing information on non-profit events or activ-
ities organized or sponsored by a CATV broadcasting business oper-
ator, satellite broadcasting business operator or program provider;
and
4. Other commercials for the public interest, which are published by the
Broadcasting and Communications Deliberation Committee.
[This Article Newly Inserted by Presidential Decree No. 18548, Sep. 17, 2004]
Article 21-3 (Organization and Operation of Broadcasting
Dispute Con-
ciliation Committee)
(1) The Broadcasting Dispute Conciliation Committee established under
- 19 -
the Broadcasting and Communications Commission under Article 35-3 (1)
of the Act shall deliberate on the following matters:
1. Conciliation of any dispute related to the supply of or demand for
broadcast programs;
2. Conciliation of any dispute related to broadcasting business zones;
3. Conciliation of any dispute related to interest in property rights, such
as the right to relay broadcasting;
4. Matters related to any joint business of broadcasting business op-
erators: Provided, That those falling under any of subparagraphs
of
Article 19 (1) of the Monopoly Regulation and Fair Trade Act shall
not be included; and
5. Conciliation of any dispute related to the management of broadcast-
ing business.
(2) The Broadcasting Dispute Conciliation Committee referred to in par-
agraph (1) shall consist of not less than five, but not
more than seven
members, including one Chairperson.
(3) The Chairperson of the Broadcasting Dispute Conciliation Commit-
tee shall be appointed by the Chairperson of the Broadcasting
and
Communications Commission from among the members of the Broadcasting
Dispute Conciliation Committee.
(4) The Chairperson of the Broadcasting and Communications Commission
shall, in cases where he commissions members of the Broadcasting
Dispute
Conciliation Committee under Article 35-3 (2) of the Act, do so from among
the following persons: Provided, That one person
recommended by the
Minister of Culture, Sports and Tourism shall be included:
1. Persons whose term of service as judge, public prosecutor or attorney-
at-law is not less than five years;
2. Persons whose term of service as certified public accountant is not
less than five years;
3. Persons whose term of service as professor of law, administration,
management, accounting, newspaper or broadcasting at university
is
not less than five years: and
4. Other persons who have much professional knowledge and experience
in broadcasting.
(5) The term of office for each member of the Broadcasting Dispute Con-
ciliation Committee shall be two years, and he may be recommissioned
- 20 -
for only one consecutive term: Provided, That a member who is commissioned
to fill a vacancy occurring prior to the expiration of
the term of office
of his predecessor shall hold office for the remainder of that term.
(6) If the Chairperson of the Broadcasting
Dispute Conciliation Com-
mittee is unable to perform his duties for any unavoidable reasons, a
member of the Broadcasting Dispute
Conciliation Committee nominated
by the Chairperson of the Broadcasting and Communications Commission
shall act on behalf of that
Chairperson.
(7) Matters necessary for the operation of the Broadcasting Dispute
Conciliation Committee and the conciliation procedures, etc.
shall be pro-
vided by the regulations of the Broadcasting and Communications
Commission.
- 21 -
(3) If the Broadcasting and Communications Commission intends to collect
the Fund, under Article 37 (4) of the Act, from a program
provider engaged
in a specialized programming of a product presentation and marketing,
it shall make a public notice of the collection
rate which is determined
within the limit of 15/100 of the trading profits upon settlement of ac-
counts for the current year related
to the broadcasting business, in
consideration of the financial status of the relevant program provider
and the number of receivers,
etc.
(4) A CATV broadcasting business operator and a satellite broadcasting
business operator shall submit the documents and data referred
to in
the following subparagraphs which are necessary for the calculation of
the Fund under paragraph (2) to the Broadcasting and
Communications
Commission not later than March 31 of the year following the year when
a sale is generated:
1. Income statement and attached specifications;
2. Audit certificate issued by a certified public accountant; and
3. Other materials deemed as especially necessary in assessing the Fund,
and requested by the Broadcasting and Communications Commission.
(5) If the Broadcasting and Communications Commission intends to collect
the Fund under paragraph (2), it shall forward a notice
of payment, which
clearly states the amount to be paid as the Fund, the deadline and the
receiving agency, to the CATV broadcasting
business operator and the
satellite broadcasting business operator not later than June 30 of the year
following the year when a
sale occurs.
tions Commission.
Article 23 (Entrustment of Fund Collection)
(1) The Broadcasting and Communications Commission shall, under the
provisions of Article 37 (6) of the Act, entrust the Korean
Broadcasting
Advertising Corporation under the Korean Broadcasting Advertising
Corporation Act (hereinafter referred to as the
"Korean Broadcasting
Advertising Corporation") with the collection of the Fund under Article
37 (2) of the Act.
(2) The Korean Broadcasting Advertising Corporation shall report to the
Broadcasting and Communications Commission the particulars
of the Fund
collected during the preceding month not later than the tenth day of each
month.
(1) The surcharge imposed on the amount in arrears to the Fund pro-
vided for in Article 37 (7) of the Act shall be an amount equivalent
to
3/100 of the amount in arrears.
(2) When anyone who is liable to make his payment to the Fund fails
to make such payment by the payment deadline, the Broadcasting
and
Communications Commission shall serve a written notice explicitly indicating
the matters falling under each of the following
subparagraphs to him in
order to press him to pay the amount in arrears within 15 days from the
date on which the payment deadline
lapses:
1. The amount in arrears to be paid to the Fund and the surcharge;
2. The payment deadline (the deadline shall be not less than 10 days
from the date on which the written notice is served); and
3. The purport that if he fails to make the payment within the deadline,
the amount in arrears shall be forcibly collected from him.
[This Article Newly Inserted by Presidential Decree No. 18548, Sep. 17, 2004]
Article 24 (Entrustment of Fund Management)
(1) The Broadcasting and Communications Commission shall, under the
provisions of Article 40 of the Act, entrust the Korea Broadcasting
Advertising Corporation with the duties of the distribution and the account-
ing management of the Fund, from among the management
duties of the
Fund.
DEVELOPMENT
COMMITTEE
Article 25-2 (Scope of Regional Broadcasts)
Regional broadcasts as referred to in Article 42-3 (6) of the Act shall
be terrestrial broadcasts having any of the areas in the
following sub-
paragraphs as their broadcasting zones:
1. Part of a special metropolitan city and areas other than the special
metropolitan city; and
2. Areas other than the special metropolitan city.
[This Article Newly Inserted by Presidential Decree No. 20649, Feb. 22, 2008]
Article 25-3 (Operation, etc. of the Regional Broadcasts Development
Committee)
(1) The Chairperson of the Broadcasting and Communications Commission
may announce an organization which he accepts as an organization
capable
of representing regional broadcasts pursuant to Article 40-3 (3) of the
Act (hereinafter referred to as a "regional broadcast
representative organ-
ization").
(3) In cases where the Chairperson of the Regional Broadcasts Development
Committee is unable to carry out his duties due to inevitable
reasons,
a person from among the members of the Regional Broadcasts Development
Committee who concurrently take the office of a
committee member of
the Broadcasting and Communications Commission shall act for the
Chairperson, and in cases where both the Chairperson
of the Regional
Broadcasts Development Committee and the person who concurrently takes
the office of a member of the Broadcasting
and Communications Commission
are unable to carry out the duties, the members of the Regional Broadcasts
Development Committee
in order of seniority shall act for the Chairperson.
- 24 -
[This Article Newly Inserted by Presidential Decree No. 20649, Feb. 22, 2008]
CHAPTER KOREA BROADCASTING
SYSTEM
Article 26 (Registration of Incorporation)
(1) Registration of the incorporation of the Korea Broadcasting System
(hereinafter referred to as the "System") under Article 43
(8) of the Act
shall be done within two weeks from the date when the first payment
of capital occurs.
(2) Matters as referred to in the following subparagraphs shall be reg-
istered in the registration of incorporation under paragraph
(1):
1. Objectives;
2. Title;
3. Location of the principal office;
4. Capital;
5. Method of investment and its amount paid in;
6. Method of public notice;
7. Name and address of the president; and
8. Names and resident registration numbers of the chairperson of the
board of directors, directors and auditor.
(3) Where a regional broadcasting station is established simultaneously
with the incorporation of the System, the matters referred
to in each
subparagraph of Article 3 of the Act on the Special Cases concerning
the Matters to be Filed in the Register of Corporation,
etc., shall be regis-
tered at the location of the relevant regional broadcasting station within
three weeks after the registration
of incorporation under paragraph (1)
is made.
Article 27 (Registration of Establishment of Regional Broadcasting Station)
- 25 -
(1) When the System establishes a regional broadcasting station after
the incorporation of the System, it shall register according
to the clas-
sification of the following subparagraphs: 1. Name and location of the newly established regional broadcasting
station within two weeks, at the location of the principal office;
2. Matters referred to in each subparagraph of Article 3 of the Act on
the Special Cases concerning the Matters to be Filed in the
Register of
Corporation, etc. within three weeks at the location of the newly
established broadcasting station; and
3. Name and location of the regional broadcasting station within three
weeks, at the location of the already established regional
broad-
casting stations.
(2) When another regional broadcasting station is established within
an area under the jurisdiction of the office of registry having
jurisdiction
over the location of its principal office or a regional broadcasting station,
only the name and location of the relevant
regional broadcasting station shall
be registered.
Article 28 (Registration of Relocation)
(1) When the principal office of the System is relocated to an area under
the jurisdiction of another office of registry, the new
location and the date
of relocation shall be registered within two weeks at the former location,
and the matters referred to in
each subparagraph of Article 26 (2) shall
be registered within three weeks at the new location.
(2) When a regional broadcasting
station is relocated to an area under the
jurisdiction of another office of registry, the new location and the date
of relocation
of the relevant regional broadcasting station shall be registered
within two weeks at the location of the principal office and the
former location
of the relevant broadcasting station, and the matters referred to in each
subparagraph of Article 3 of the Act
on the Special Cases concerning the
Matters to be Filed in the Register of Corporation, etc. shall be registered
within three weeks
at the new location.
Where there exist any modifications in the matters referred to in each
subparagraph of Article 26 (2), the System shall register
the relevant
- 26 -
modified matters within two weeks at the location of the principal office,
and where there exist any modifications in the matters
referred to in each
subparagraph of Article 3 of the Act on the Special Cases concerning the
Matters to be Filed in the Register
of Corporation, etc., it shall register
the relevant modified matters within three weeks at the location of the
regional broadcasting
stations.
[This Article Wholly Amended by Presidential Decree No. 17156, Mar. 20, 2001]
Article 30 (Documents Attached to Application for
Registration)
A written application for each registration under Articles 26 through 29
shall be accompanied with the documents
of the following subparagraphs:
1. Articles of incorporation and the documents attesting the amount of
investment and the qualifications of officers, in the registration
of
incorporation under Article 26;
2. Documents attesting the establishment of a regional broadcasting
station, in the registration of the establishment of a regional
broad-
casting station under Article 27;
3. Documents attesting the relocation of the principal office or a regional
broadcasting station, in the registration of relocation
under Article
28; and
4. Documents attesting the relevant modified matters, in the modified
registration under Article 29.
Article 31 (Reckoning of Registration Period)
When there exist any matters for which approval or authorization of the
Broadcasting and Communications Commission is to be obtained
as to the
matters for registration under the provisions of this Decree, the registration
period under Articles 26 through 29 shall
be reckoned from the date when
the certificate of approval or authorization arrives.
Article 32 (Matters to be Stated in Articles of Incorporation)
"Matters prescribed by the Presidential Decree" in Article 45 (1)
13 of the
Act are matters referred to in the following subparagraphs:
1. Matters concerning the management and disposition of assets; and
2. Matters concerning the capital.
Article 33 (Evaluation of Management and its Public Announcement)
(1) The board of directors
of the System shall, under the provisions of
Article 49 (1) 6 of the Act, conduct each year an evaluation of management
which includes
the matters of the following subparagraphs:
1. Evaluation of the propriety in setting up the management objectives;
2. Evaluation of the efficiency in executing the budget;
- 27 -
3. Evaluation of the business management system, such as personnel and
organization, etc.;
4. Evaluation of the management results, such as financial status;
5. Evaluation of the research and development projects;
6. Evaluation of the investments in facilities; and
7. Other matters required for the development of the System and the
improvement of management.
(2) The board of directors shall compose and operate a management
evaluation team in order to conduct the evaluation of management
under
paragraph (1).
(3) When the management evaluation team has conducted an evaluation
of management, it shall report the results thereof to the board
of directors,
and the board of directors shall publicly announce them within five months
after the end of each fiscal year by a
method falling under any of the
following subparagraphs: 1. A broadcast through the System's own broadcasts and posting on the
Internet homepage of the System; or
2. A provision of the reports to other broadcasting business operators
and the daily newspapers.
(4) When the board of directors deems that there are matters requiring
improvement as a results of an evaluation of management,
it may request
the president to take measures for improvement or correction.
Article 34 (Development of Broadcasting Technologies)
The System shall invest an amount of not less than a specific ratio as
determined by the board of directors from among the budget
of each year
in the research and development of broadcasting technologies, in order
to facilitate the projects of survey, research
and development related to
the broadcasting under Article 54 (1) 10 of the Act.
Article 35 (Budget and Settlement of Accounts)
With respect to the budget and the settlement of accounts of the System,
the increase, decrease and changes of assets shall be booked
according
to the details of occurrences, in order to clarify the business performance
and the financial status, and with respect
to the revenues from the television
broadcast receiving fees (hereinafter referred to as the "receiving fees")
shall be accounted
according to the details of collections.
Article 36 (Revenue Sources)
"Revenues prescribed by the Presidential Decree" in Article 56 of the Act
are revenues falling under any of the following subparagraphs:
1. Revenues from commercials;
- 28 -
2. Profits from the sale of broadcast programs;
3. Government subsidies under Article 54 (2) or 61 of the Act;
4. Revenues from sponsors;
5. Revenues through new media such as a satellite broadcasting, etc.;
6. Revenues accruing from being entrusted with the signal transmission
operations;
7. Debentures or loans;
8. Amount carried forward from the preceding year; and
9. Other revenues incidental to the broadcasting business.
Article 37 (Subsidies, etc.)
Where the State grants any subsidies for part of the expenses, extends
a loan from the treasury funds, or accepts the System's debentures
under
Articles 54 (2) and 61 of the Act, the provisions of the related Acts and
subordinate statutes, such as the State Finance
Act, the Act on the Special
Accounts for Treasury Loans, the Act on the Budgeting and Management
of Subsidies, shall govern.
(1) Each person who possesses a television receiver set (hereinafter referred
to as a "TV set") shall, under the main sentence of
Article 64 of the Act,
apply for a registration of the TV set within thirty days from the date
when he takes the relevant TV set,
to the System, to the manufacturer,
distributor, importer-distributor of the TV set to whom the duties of
registering TV set and
of collecting the receiving fees are delegated by
the System under Article 67 (2) of the Act, or to a person designated
by the
System (hereinafter referred to as "distributors, etc.").
(2) Upon receipt of an application for registration of a TV set under
para-
graph (1), the System or the distributors, etc. shall enter the necessary
matters in the TV set registry.
(3) The System or a person designated by the System under Article 67 (2)
of the Act to whom the duties of registration and collection
are delegated
(hereinafter referred to as a "designated person") may recommend a
registration to the possessor of a TV set which
is not registered under
paragraph (1).
Article 39 (TV Sets Exempted from Registration)
TV sets which are exempted from registration under the proviso of Article
64 of the Act shall be as follows:
1. Black and white TV sets;
2. TV sets manufactured by TV set manufacturer, and not shipped out
of the warehouse;
3. TV sets kept or displayed by the TV set distributors or importer-
distributors for business purposes;
4. TV sets in storage under the Customs Act;
5.TV sets kept by persons operating a secondhand shop for business purposes;
6. TV sets in possession of the foreigners belonging to foreign organi-
zations or foreign troops in Korea or of their families;
7. TV sets installed on the military or combat police compounds;
8. TV sets installed for viewing by the inmates of correctional insti-
tutions or of juvenile reformatories;
9. TV sets installed in the offices of broadcasting business operators and
CATV relay broadcasting business operators;
10. TV sets installed for educational purposes in the classrooms or audio-
visual classrooms of the schools under Article 2 of the
Elementary and
Secondary Education Act and Article 2 of the Higher Education Act;
11. TV sets installed for the infants at nursery facilities established under
the Infant Care Act;
12. TV sets installed at the free facilities from among the social welfare
facilities under the Social Welfare Services Act for the
inmates and
users of the relative facilities;
13. TV sets installed by the State or local governments for official or pub-
licity and educational uses, and not for the purpose
of general viewing;
14. TV sets displayed at exhibitions supervised by the State or local
governments;
15. TV sets in possession of foreigners exempted from taxes and public
imposts similar to them under the treaties or the Acts and
subordinate
statutes, or their families;
16. TV sets installed on cars, ships or airplanes;
16-2. Personal portable TV sets carried to view while on the move;
17. Other TV sets than the first set in cases where a household is in
possession of more than two TV sets in the same exclusively
residential
household;
18. TV sets installed for leprosy patients in a leper colony;
19.TV sets in areas where electricity offered by an electricity service
supplier
under the Electric Utility Act is not supplied;
20. TV sets installed in senior citizens' clubs, etc. for their welfare;
- 30 -
21. TV sets designated by the Minister of Public Administration and Security
in consultation with the Broadcasting and Communications
Commis-
sion, from among the TV sets subscribing for the antenna facilities
for official viewing which are installed and operated
for the purpose
of national security; and
22. Other TV sets designated by the Broadcasting and Communications
Commission.
Article 40 (Report on Modification of Registration)
(1) A person who has registered a TV set under Article 38 (hereinafter
referred
to as "TV set registrant") shall, in cases where he modifies the
registered matters of TV sets, such as a change of places where
the TV
set is installed and of the number of sets in possession, report such modified
matters within two weeks to the System or
the designated persons.
(2) The System or the designated persons may, in cases where a TV set
registrant has failed to report under
paragraph (1), verify the relevant
fact and enter it on the TV set registry.
(3) A TV set registrant's duty to pay the receiving fee shall not be ex-
tinguished by a delay or failure in reporting the modified
matters under
paragraph (1): Provided, That this shall not apply when the registration
of a TV set is cancelled under Article 41
(3).
Article 41 (Cancellation of Registration)
(1) A TV set registrant shall, in cases where the relevant registered TV
set falls under any of the following subparagraphs, apply
for a cancellation
of registration of the TV set within two weeks to the System or the designated
persons:
1. Where the TV set is transferred;
2. Where viewing becomes impossible due to aging or damage; or
3. Where continued possession of a TV sets is impossible due to a loss
or other causes.
(2) A person shall, upon receipt of an application for cancellation under
paragraph (1), verify the relevant fact, and cancel a
registration of TV
sets.
(3) The System or the designated persons may, with respect to a TV set
whose registrant's whereabouts are not obvious, cancel the
relevant
registration after its verification.
Article 42 (Collection of Receiving Fees)
(1) Receiving fees shall be collected according to the standards referred
to in the following subparagraphs:
1. With respect to the TV sets installed in an exclusively residential
- 31 -
household, a receiving fee for only one TV set per household shall be
collected;
2. In cases other than as referred to in subparagraph 1, a receiving fee
shall be collected according to the number of TV sets possessed;
3. A receiving fee shall not be collected for the month to which belongs
the date of the first TV set is possessed;
4. A receiving fee shall not be collected for the month to which belongs
the date of cancellation of registration under Article 41
(2); and
5. A receiving fee shall not be collected for the month to which belongs
the date of rescinding the causes for an exemption from
receiving fees
under each subparagraph of Article 44 (1), or for the month to which
belongs the date of exempting from receiving
fees under Article 44 (3).
(2) Receiving fees shall be calculated on a monthly basis, and shall be
collected on a monthly basis
as one payment period: Provided, That it may
be collected on a bimonthly basis as one payment period in cases where
deemed necessary
for the efficient collection of receiving fees.
Article 43 (Notice to Pay Receiving Fees)
(1) The System or the designated person shall, in cases where intending
to collect the receiving fees, forward a notice to pay receiving
fees clarifying
the matters referred to in the following subparagraphs, so as to have it
arrive at the TV set registrant not later
than seven days prior to the
payment period: Provided, That this shall not apply when the collection
is made by a visit:
1. Amount of payment;
2. Month subject to the collection;
3. Payment term;
4. Place of the payment; and
5. Any additional charges for a delinquency in payment of receiving fee
under Article 47.
(2) In cases where a designated person collects a receiving fee, he may
do so in combination with the notifying activities related
to the peculiar
services of the designated person.
Article 44 (Exemption from Receiving Fees)
(1) TV sets falling under any of the following subparagraphs shall be
exempted from receiving fees under the proviso to Article
64 of the Act:
Provided, That it shall not apply to cases where the owner of a TV set,
from among those falling to paragraph (1)
1, 2, 2-2 and 8 has installed
it in a space for business purposes: 1. TV sets in possession of the beneficiaries under the National Basic
Living Security Act;
2. TV sets in possession of the patriots, soldiers or policemen wounded
in action, soldiers or policemen wounded on duty, persons
wounded
in the April 19 Revolution, public officials wounded on duty and per-
sons wounded with a special merit under Article 4
(1) 2, 4, 6, 10, 12
and 14 of the Act on the Honorable Treatment and Support of Per-
sons, etc. of Distinguished Services to the
State, from among those
who are registered as persons of distinguished services to the State
under the same Act;
2-2. TV sets possessed by persons injured in the Gwangju democratization
uprising provided for in subparagraph 2 of Article 4 of
the Act on the
Honorable Treatment of Persons Distinguished Services to the Gwangju
Democratization Movement from among the citizens
of the Gwangju
democratization merit who are registered under the same Act;
3. TV sets on which a pledge right is established while in the custody
of another person;
4. TV sets confiscated or seized by the State agencies;
5. TV sets not in use for viewing due to a business suspension in ex-
cess of one month, from among those which have been installed
for
business purposes;
5-2. Where a monthly volume of electric power consumed by the place
of business is 0 kilowatt, TV sets installed at the relevant
place of
business (limited to the receiving fees for the month in which a monthly
power consumed is 0 kilowatt);
6. TV sets in possession of persons residing in areas where it is impossible
to view all or a part of TV broadcasts conducted by
the System (herein-
after referred to as "disturbed viewing areas"): Provided, That this shall
not apply to cases where viewing
is made impossible due to artificial
causes, such as new construction of buildings or structures;
7. TV sets in possession of a household whose volume of electricity
consumed for their exclusively residential household is less
than fifty
kilowatts per month (limited to the receiving fee for the month of less
than fifty kilowatts, and excluding countryside
houses);
8. TV sets in possession of the bereaved families of the martyrs and pa-
triots who are registered under the Act on the Honorable
Treatment
and Support of Persons, etc. of Distinguished Services to the State;
9. TV sets in homes where visually or auditory handicapped persons
- 33 -
who are registered with the Ministry of Health, Welfare and Family
Affairs live; or
10. Other TV sets designated by the Broadcasting and Communications
Commission.
(2) A person in possession of a TV set falling under any of the subparagraphs
of paragraph (1) shall, in cases where he intends
to have a receiving fee
exempted, submit an application for exemption from receiving fees to the
System or the designated person
along with the data capable of attesting
his eligibility for exemption from receiving fees: Provided, That a person
in possession
of a TV set falling under paragraph (1) 5-2, 6 and 7 may
omit submitted data attesting his eligibility for exemption from receiving
fees.
(4) The scope of the disturbed viewing areas under paragraph (1) 6
shall be determined by the System upon approval of the Broadcasting
and
Communications Commission.
Article 45 (Reduction of Receiving Fees)
Receiving fees shall be reduced in part for the TV sets falling under any
of the following subparagraphs under the proviso to Article
64 of the
Act: Provided, That the amount equivalent to one half of a receiving
fee for one month shall be reduced from every sixth
month's portion,
with respect to the TV sets falling under subparagraph 1:
1. Relevant TV sets in cases where a person not delinquent in payment
makes a lump sum payment of receiving fees for sixth months
or more;
or
2. TV sets designated by the Broadcasting and Communications Commis-
sion for which a recognition that a reduction in receiving fees
is
necessary.
Article 46 (Disposition of Erroneous Payments)
The System or the designated person shall, in cases where a TV set
registrant erroneously pays receiving fees or comes to fall under
any of
the following subparagraphs after making the payment, refund the relevant
erroneous payment or the remainder thereof: Provided,
That the amount
of refund may be appropriated for receiving fees in cases where the TV
- 34 -
set registrant does not seek such refund:
1. Cancellation of a registration of the TV set under Article 41;
2. Exemption from receiving fees under Article 44; or
3. Reduction of receiving fees under Article 45.
Article 47 (Collection of Additional Charges and Punitive Surcharges, etc.)
(1)
Additional charges for delinquency in payment of receiving fees under
Article 66 (1) of the Act shall be the amount equivalent to
5/100 of
the amount of receiving fees in delinquency.
(2) The System or the designated person shall serve to a person, who
fails to pay receiving fees within the payment period, a demand
notice
clarifying the matters referred to in the following subparagraphs within
twenty days after the expiration of the payment
period:
1. Amount of receiving fees in delinquency, and a surcharge;
2. Payment period (of more than ten days from the date of serving the
demand notice);
3. Place for payment; and
4. Purport that there shall be a compulsory collection shall be made
compulsorily when he fails to make the payment within the payment
period.
(3) The System or a designated person shall, in cases where intending
to collect a punitive surcharge under Article 66 (2) of the
Act, serve a
notice to pay punitive surcharges clarifying the matters referred to in
the following subparagraphs:
1. Amount of punitive surcharges;
2. Ground for the imposition;
3. Payment period;
4. Place for payment; and
5. Purport that collection shall be made compulsorily when he fails to
make the payment within the payment period.
(4) A notice to pay punitive surcharges under paragraph (3) shall be
forwarded so as to arrive at a person in possession of a TV
set not registered
under the proviso to Article 64 of the Act by not later than ten days prior
to the payment period.
(5) The System shall, if it intends to obtain approval of the Broadcasting
and Communications Commission for the disposition of
receiving fees,
additional charges and punitive surcharges in arrears with payment under
Article 66 (3) of the Act, apply for it
with a clarification of the scope
subject to delinquency in payment and the amount of payment in arrears.
Article 48 (Payment of Commissions)
The System shall pay commissions to the distributors, etc. under Article
67 (3) of the Act within the limit of 15/100 of the amount
of receiving
fees collected by them.
Article 49 (Support for Educational Broadcasting from Receiving Fees)
In order to support the expenses for conducting educational
broadcasts
under Article 68 of the Act, the System shall support the Educational
Broadcasting System with an amount equivalent
to 3/100 of its revenues
from receiving fees each year, aside from the amount necessary to support
a transmission of broadcasts
conducted by the Educational Broadcasting
System under Article 54 (1) 6 of the Act.
CHAPTER OPERATION, ETC. OF
BROADCASTING BUSINESSES
Article 50 (Programming, etc. of Broadcast Programs)
(1) Each broadcasting business operator engaged in general programming
shall
ensure that the broadcast programs related to news reports, those
related to culture and those related to entertainment are coordinated
under
the former part of Article 69 (3) of the Act, and the specific standards
for such programming shall be as follows:
1. In cases of TV broadcast programs or radio broadcast programs, the
broadcasting hours of those related to entertainment shall
be not more
than 50/100 of the total monthly broadcasting time of the relevant
channel; and
2. In cases of data broadcast programs, those related to entertainment
shall be not more than 60/100 of the total monthly broadcasting
contents
of the relevant channel.
(2) The term "news report broadcasts" in paragraph (1) means the broad-
casts related to coverage and report, reviews, commentaries,
etc. for cur-
rent events with respect to overall domestic and foreign politics, economy,
society, culture, etc., and "cultural
broadcasts" means broadcasts to en-
hance the culture and education of people, children and juveniles, and
"entertainment broadcasts"
means broadcasts to cultivate national senti-
ments and diversify leisure life.
be as follows:
1. Weekdays: From 7 p.m. to 11 p.m.; and
2. Saturdays, Sundays and holidays: From 6 p.m. to 11 p.m.
(4) Any broadcasting business operator engaged in specialized program-
ming shall broadcast the programs in principal broadcast fields for which
he has obtained a license or authorization or registered
under Article 69
(4) of the Act, in accordance with the standards falling under any of the
following subparagraphs:
1. In cases of a TV broadcasting channel or radio broadcasting channel,
it is required to be programed at the rate falling within
any of the
following items:
(a) Terrestrial broadcasting business operator: not less than 60/100
of the total monthly broadcasting time of the said channel;
(b) CATV broadcasting business operator or satellite broadcasting
business operator: not less than 70/100 of the total monthly
broadcasting time of the said channel; and
(c) Program provider: not less than 80/100 of the total monthly
broadcasting time of the said channel; and
2. In cases of a data broadcasting channel, not more than 60/100 of the
total monthly broadcasting content of the said channel shall
be
programed.
(5) Such programs as may be incidentally broadcasted by any broad-
casting business operator engaged in specialized programming
under Ar-
ticle 69 (5) of the Act shall be limited to those related to culture or
entertainment referred to in paragraph (2): Provided,
That this shall not
apply to the public channels referred to in Article 54 and the channels
publicly announced by the Broadcasting
and Communications Commission,
such as the channels to provide information on the Republic of Korea to
foreigners in Korea mainly
in foreign languages including English.
(6) The rate of the programs of another broadcasting business opera-
tor which a terrestrial broadcasting business operator may
include in his
programming under Article 69 (6) of the Act shall be the rate that falls
under any of the following subparagraphs
and is published by the
Broadcasting and Communications Commission taking into account the
business status of relevant terrestrial
broadcasting business operators and
the given condition of supply and demand of broadcast programs, etc.:
- 37 -
1. The rate at which any terrestrial TV broadcasting business operator
may broadcast the programs of another terrestrial TV broadcasting
business operator: 50/100 through 85/100 of the total monthly
broadcasting time of each channel;
2. The rate at which any terrestrial radio broadcasting business oper-
ator may broadcast the programs of another terrestrial radio
broad-
casting business operator: 40/100 through 80/100 of the total
monthly broadcasting time of each channel;
3. The rate at which any terrestrial mobile multimedia broadcasting
business operator may broadcast the programs of another terrestrial
broadcasting business operator: not less than 50/100 of the total monthly
broadcasting time of each channel; and
4. The rate at which any terrestrial mobile multimedia broadcasting
business operator may broadcast the programs of another program
provider: not less than 50/100 of the total monthly broadcasting time
of each channel.
(7) The specific standards for calculating broadcast programs referred
to in paragraphs (1) 2 and (4) 2 shall be prescribed by the
regulations
of the Broadcasting and Communications Commission.
(1) The System shall broadcast viewer participation programs produced
directly by viewers for more than 100 minutes every month
in the TV
broadcasting channel that is used after obtaining permission therefor from
the relevant terrestrial TV broadcasting business
operator in accordance
with Article 69 (7) of the Act.
etc. with respect to the broadcast programs falling under any of the following
subparagraphs: 1. Disaster broadcast programs under Article 75 of the Act;
2. Broadcast programs under any subparagraphs of Article 14 of the
Enforcement Decree of the Welfare of Disabled Persons Act;
3. Broadcast programs under the regulations of the Broadcasting and
Communications Commission, determined that the disabled need
to
view; and
4. Other broadcasts programmed for the purpose of welfare of the dis-
abled.
Article 52-2 (Audience Participation Programs)
Any community radio broadcasting business operator shall, in accor-
dance with Article 69 (9) of the Act, broadcast audience participation
programs at the rate of not less than 20/100 of the total monthly broadcasting
time.
[This Article Newly Inserted by Presidential Decree No. 20219, Aug. 7, 2007]
Article 53 (Structure and Use of Channels)
(1) Terrestrial mobile multimedia broadcasting business operators, CATV
broadcasting business operators and satellite broadcasting
business
operators shall, in accordance with Article 70 (1) of the Act, structure
and use the channels by observing the matters
in the following items by
business operation under each subparagraph so as not to rely upon a specific
broadcast field and to achieve
an embodiment of diversity:
1. Terrestrial mobile multimedia broadcasting business operators:
(a) Required to operate not less than two broadcasting channels
from
among TV broadcasting channels, radio broadcasting channels and
data broadcasting channels; and
(b) Deleted; 2. CATV broadcasting business operators and general satellite broad-
casting business operators:
(a) Required to operate not less than 70 channels in the number of
entire operational TV channels;
(b) Required to include channels of program providers engaged in general
programming with approval from the Broadcasting and Communi-
cations Commission under the proviso of Article 9 (5) of the Act;
- 39 -
(c) Required to include two or more channels of program providers
engaged in specialized programming for news reports with approval
from the Broadcasting and Communications Commission under the
proviso to Article 9 (5) of the Act; and
(d) Deleted; and 3. Satellite mobile multimedia broadcasting business operators:
(a) Required to include TV broadcasting channels, radio broadcasting
channels and data broadcasting channels;
(b) Required to operate not less than 15 channels in the number of
their entire operational channels;
(c) Required to operate not less than four channels in the number of
their entire TV broadcasting channels and not to exceed 1/2
of the
number of their entire operational channels;
(d) Required to include not less than one broadcasting channel of any
program provider who performs the general programming or any
other program provider who specializes in programming news
reports;
(e) Deleted; and
1. If any terrestrial mobile multimedia broadcasting business operator
who falls under any of the following items:
(a) If the total number of channels he uses for himself or rents to any
specially related person is in excess of three channels
(If any data
broadcasting channel is included in the channels that he uses for
himself or rents to any specially related person,
four channels);
and
(b) If the number of channels that he rents to any specific program
provider is in excess of one channel (If any data broadcasting
channels are included in the channels that he rents to any specific
program provider, two channels); and
2. If any CATV broadcasting business operator or any satellite broad-
casting business operator falls under any of the following
items:
(a) If the number of channels directly used by any CATV broadcasting
business operator is in excess of three channels (excluding
any local
- 40 -
channel provided for in Article 70 (4) of the Act): Provided, That
in the event that the number of entire operational channels is
in
excess of 100, this case shall be governed by the provisions of item
(b);
(b) If the number of channels directly used by any satellite broadcast-
ing business operator is in excess of 10/100 of the number
of
operational TV broadcasting channels and the number of opera-
tional radio broadcasting channels (if the number of operational
TV broadcasting channels exceed 20, 20/100 and if the number
of operational TV broadcasting channels or the number of operational
radio broadcasting channels is not more than ten channels, one
channel) or is in excess of 30/100 of the operational data broadcasting
channels (if the number of operational data broadcasting channels
is not more than three channels, one channel);
(c) If the number of channels that he rents to any specially related
person is in excess of 20/100 of the number of operational
TV
broadcasting channels (if the number of operational TV broad-
casting channels is not more than five channels, one channel),
is
in excess of 50/100 of the operational radio broadcasting channels
(20/100, in the case of any satellite mobile multimedia broadcast-
ing business operator), or is in excess of 30/100 of the number
of any operational data broadcasting channels (excluding a case
where the number of operational data broadcasting channels is not
more than three channels);
(d) If the number of channels that he rents to any specific program
provider is in excess of 20/100 of the number of operational
TV
broadcasting channels (if the number of operational channels is
not more than five channels, one channel), is in excess of 50/100
of the number of operational radio broadcasting channels, is in excess
of 30/100 of the number of operational data broadcasting
channels
(excluding a case where the number of data broadcasting channels
number of operational data broadcasting channels;
(e)
If the total number of TV broadcasting channels (excluding chan-
nels engaged in specialized programming for education, religion
or
regions and those through which terrestrial broadcasts are re-
transmitted) that he or any person specially related to him rents
to a program provider who is a terrestrial broadcasting business
operator exceeds 20/100 of the number of operational TV broad-
- 41 -
casting channels (excluding a satellite mobile multimedia broad-
casting business operator); and
[Term of validity: December 31, 2010]
(f) If the total number of TV broadcasting channels that he or any
person specially related to him rents to a program provider who
is a CATV broadcasting business operator exceeds 35/100 of the
number of operational TV broadcasting channels (excluding a
satellite
broadcasting business operator): Provided, That the
following program provider's channel shall be excluded from the
calculation
of the number of TV broadcasting channels:
() Channels of any broadcasting provided in receipt of consider-
ation on the basis
of a channel under contracts with viewers;
() Channels which are operated by one person and by which the
same broadcasting service
is provided through several channels
at regular intervals;
() Channels through which broadcast programs are provided so
that a viewer may view a specific program selected by him at
a specific
time selected by him; and
() Channels engaged in specialized programming for the provi-
sion of information on commodities and the sale thereof.
[Term of
validity: December 31, 2010]
(3) In the event that any terrestrial mobile multimedia broadcasting
business operator, any CATV broadcasting business operator
or any sat-
ellite broadcasting business operator intends to operate channels that are
directly used in accordance with paragraph
(2), he shall submit a written
plan for operating of channels for direct use to the Broadcasting and
Communications Commission.
The same shall apply to a case where he
intends to change such written plan.
Article 54 (Operation of Public Channels and Religious Channels)
(1) The CATV broadcasting business operators and general satellite
broadcasting business operators shall, under Article 70 (3) of the Act,
install not less than 3 TV broadcasting channels for the
public and not less than
3 TV broadcasting channels for religious missionary work (hereinafter referred to
- 42 -
as "religious channels") which are recognized by the Broadcasting and Communications
Commission. In such case, religious channels
shall not install a religious channel
only for a specific religion.
(2) CATV broadcasting business operators and general satellite
broadcasting business operators shall not transmit in altered forms
the
contents which are broadcasted through a public channel or a religious
channel, unless special reasons exist such as problems
in the broadcasting
technologies.
(1) Each CATV broadcasting business operator shall operate one TV
broadcasting channel as a local channel in accordance with Article
70 (4)
of the Act.
(3) The scope of broadcast programs which may be transmitted through
local channels shall be according to the following subparagraphs:
1. Broadcast programs produced by the viewers themselves and for which
they request a broadcasting, under Article 70 (7) of the Act;
2. Broadcast programs of local living information within the CATV broad-
casting zone under the criteria as prescribed by the regulations
of the Broadcasting
and Communications Commission;
3. Broadcast programs for publicizing the policies of local governments;
4. Broadcast program guides; and
5. Other broadcast programs recognized by the Broadcasting and Com-
munications Commission or the heads of local governments as necessary
for the development of local communities and for the convenience of
local residents.
Article 56 (Limit on Channel Operations by CATV Relay Broadcasting
Businesses)
(1) The scope of channels which may be operated for broadcasting by a CATV
- 43 -
relay broadcasting business operator under Article 70 (6) of the Act shall not exceed
31. In such cases, the channels for recording sound or picture shall not exceed 1/5
of the total operating channels.
(2) Every CATV relay broadcasting business operator shall, when he
operates channels in accordance with paragraph (1), limit its
business
to retransmitting the broadcasts falling under each of the following sub-
paragraphs: 1. Terrestrial broadcasts;
2. Satellite broadcasts aired by the System and broadcasting business
operators prescribed by the special Act;
3. Broadcasts that are aired through public channels; and
4. Broadcasts that are aired by State agencies, public-interest corpora-
tions or non-profit corporations, which are published by
the Broadcasting
and Communications Commission, for purpose falling under each of
the following items:
(a) Higher education or social education;
(b) Information pertaining to the Republic of Korea that is provided
to foreigners residing in Korea; and
(c) Other public-interest purpose.
Article 56-2 (Selection and Operation of Public Channels)
(1) Any CATV broadcasting business operator and any general satellite
broadcasting business operator shall operate one or more channels (here-
inafter referred to as the "public channel") that belong
to broadcasting
fields publicly announced by the Broadcasting and Communications
Commission under the former part of Article 70
(8) of the Act: Provided,
That this shall not apply when a public channel for each broadcasting
field under paragraph (3) is not
selected.
(2) Any person, who intends to be selected as a public channel operator
for each field of broadcasting publicly announced by the
Broadcasting
and Communications Commission under Article 70 (8) of the Act, shall
submit an application for such selection to the
Broadcasting and
Communications Commission by September 30 of each year.
(3) In the event that the Broadcasting and Communications Commission
receives an application for selection of a public channel under
paragraph
(2), it shall review the following matters and decide on such selection in the next
year and issue a selection as public
channel to the applicant by November 20 of
- 44 -
each year: 1. Conformity of the relevant channel with the applicable field of
broadcasting;
2. Fairness, public nature and possibility of the relevant channel;
3. Appropriateness of the operation plan for the relevant channel;
4. Social responsibility consciousness and business capacity; and
5. Status of the handling of viewers' complaints and civil petitions.
(4) The term of validity of selection of a public channel under
para-
graph (3) shall be one year.
(5) Except as provided for in paragraphs (1) through (4), matters necessary
for the specific procedures, methods, etc. for the selection
of public channels
shall be provided by the regulations of the Broadcasting and Communications
Commission. 1. Terrestrial broadcasting business operators and terrestrial broad-
casting program providers: not less than 60/100 but not more
than
80/100 of the total quarterly broadcasting time of the relevant channel;
2. CATV broadcasting business operators and satellite broadcasting
business operators: not less than 40/100 but not more than 70/100
of the total quarterly broadcasting time of the relevant channel; and
3. Program providers except for terrestrial broadcasting program pro-
viders: not less than 20/100 but not more than 50/100 of the
total
quarterly broadcasting time of the relevant channel.
(2) Every broadcasting business operator shall program domestically
produced movies, animations and popular musics among movies, animations
and popular music that is aired yearly in accordance with
the main sentence
of Article 71 (2) of the Act, not less than the ratio publicly notified by
the Broadcasting and Communications
Commission, within the limit
referred to in the following subparagraphs: Provided, That in the case
of a broadcasting business
operator engaged in specialized programming
pertaining to religion or education, the domestically produced movies or animations
shall be programmed of at least the ratio publicly notified by the Broadcasting and
- 45 -
broadcasting hours of movies or the total yearly broadcasting time of animations
of the relevant channel: 1. Movies: not less than 20/100 but not more than 40/100 of the total
movie broadcasting time of the relevant channel;
2. Animations: not less than 30/100 but not more than 50/100 of the
total animation broadcasting time of the relevant channel; and
3. Popular musics: not less than 50/100 but not more than 80/100 of
the total popular music broadcasting time of the relevant channel.
(3) Every terrestrial broadcasting business operator shall newly program
domestically produced animations to be aired for not more
than 15/1000
of the total broadcasting hours of the relevant channel, in excess of the
ratio published by the Broadcasting and
Communications Commission
among the entire yearly aired programs through the relevant TV
broadcasting channel in accordance with
the proviso to Article 71 (2) of
the Act: Provided, That the terrestrial broadcasting business operator
falling under any of the
following subparagraphs shall newly program
domestically produced animations to be aired for not less than 1/100 of
broadcasting
hours of the relevant channel among the entire yearly
broadcasting programs that are aired through the relevant TV broadcasting
channel for which he obtains a license to run the terrestrial TV broadcasting
business:
1. The System;
2. The terrestrial broadcasting business operator in which the Broad-
casting Culture Promotion Association, which is established
under the
Broadcasting Culture Promotion Association, is the largest equity
investor; and
3. The terrestrial broadcasting business operator whose average yearly
amount of sales during the immediately preceding three business
years
is not less than 300 billion won.
(4) A broadcasting business operator shall, under Article 71 (3) of the
Act, program the movies, animations and popular musics produced
in one
country from among the movies, animations and popular music imported
from foreign countries, not exceeding the ratio publicly
notified by the
Broadcasting and Communications Commission, within the limit of 60/100
of the total quarterly broadcasting hours
of imported movies, animations
and poplar music of the relevant channel.
(5) The Broadcasting and Communications Commission shall consult with
the Minister of Culture, Sports and Tourism, if it makes a
public notification
of the programming ratio under paragraphs (1) through (4).
(3) A broadcasting business operator engaged in general programming
shall, under Article 72 (3) of the Act, broadcast the externally
produced
broadcast programs of at least the ratio publicly notified by the Broadcasting
and Communications Commission within the
limit of 15/100 of the quarterly
prime time TV broadcasting time of the relevant channel.
of the programming ratio under paragraphs (1) through (3), it shall consult with
the Minister of Culture, Sports and Tourism.
Article 59 (Commercials)
(1) At the time of a commercial of a broadcast program mainly viewed
by children and a spot commercial before and after such broadcast
pro-
gram, any broadcasting business operator shall, in accordance with Article
73 (1) of the Act, continue to superimpose, on
the left or right top of
the screen, the caption "commercial" of a size not smaller than 1/64 of
the screen which could be clearly
distinguished from the screen.
1. In cases of TV and radio broadcasting channels of terrestrial broadcasting
business operators (excluding terrestrial mobile multimedia
broad-
casting business operators; hereafter the same shall apply in this sub-
paragraph), community radio broadcasting business
operators and ter-
restrial broadcasting program providers (excluding terrestrial mobile
multimedia program providers):
(a) Broadcasting program commercial time shall not exceed 10/100 of
the time of a broadcast program (including the time for broadcasting
program commercials);
(b) Commercial breaks shall not be permitted: Provided, That this shall
not apply to the case where a transmission of the broadcast
programs
is made, such as athletic games, cultural or art events, etc. which
have an intermittent pause or preparation time;
(c) Frequency of spot commercials shall be no more than four times
per hour and four items per instance in the case of radio broadcasts,
and no more than two times per hour and four items per instance
in the case of TV broadcasts; the commercial time per instance
shall be no more than one minute and 20 seconds in the case of
radio broadcasts, and no more than one minute and 30 seconds
in
the case of TV broadcasts, but the total time for advertisements
per hour shall be not exceed five minutes in the case of radio
broadcasts;
(d) A commercial caption (announcement or explanation of the title
- 48 -
of broadcasting business operator or the broadcast programs in the
form of caption shall not be deemed as a commercial caption;
hereinafter the same shall apply) shall be limited to the time when
the title of broadcasting business operator is announced and
broadcast programs are announced and explained, and its frequency
shall be no more than 4 times per hour and no more than ten seconds
per instance, and the size of the caption shall not exceed 1/4 of
the screen: and
(e) The frequency of time signal commercials shall be no more than
two instances per hour and the time of each instance shall not
be
more than ten seconds: Provided, That in the case of TV broadcasting
channels of the terrestrial broadcasting business operators,
the
frequency shall be not more than two times per hour and ten times
per day, and the time of each instance shall not be more
than ten
seconds;
2. In cases of TV broadcasting channels and radio broadcasting channels
of CATV broadcasting business operators, satellite broadcasting
busi-
ness operators (excluding satellite mobile multimedia program pro-
viders) and program providers (excluding terrestrial broadcasting
pro-
gram providers and satellite multimedia program providers):
(a) The total time of commercials by channel, including the time
for
broadcast program commercials, commercial breaks, spot com-
mercials, caption commercials and time signal commercials, shall
not exceed the average of ten minutes per hour: Provided, That
such total time shall not exceed 12 minutes per hour (15 minutes
per hour, in the event that the total time of commercials does not
exceed 15/100 of the broadcasting time of a program whose
broadcasting
time is not less than 120 minutes);
(b) The frequency of commercial breaks shall be not more than one
time for a broadcast program of not less than 45, but less than
60
minutes (including the time for commercial breaks; hereinafter the
same shall apply), two instances for a broadcast program
of not
less than 60 but less than 90 minutes, three instances for a broadcast
program of not less than 90 but less than 120 minutes,
four instances
for a broadcast program of not less than 120, but less than 150
minutes, five instances for a broadcast program
of not less than
150 but less than 180 minutes, and six instances for a broadcast
program of not less than 180, and shall be not
more than three
items per instance; and the time for each commercial shall be not
- 49 -
more than one minute: Provided, That this shall not apply to the
case of transmitting the broadcast programs such as athletic games,
cultural or art events, etc. which have an intermittent pause or
preparation time;
(c) Frequency of spot advertisements shall be no more than two instances
per hour, and five items per instance, and the time of
each commercial
shall not exceed 1 minute and 40 seconds: Provided, That in cases
of satellite mobile multimedia broadcasting business
operators and
satellite mobile multimedia program providers, their total commer-
cials shall be not more than four times each hour
and not more
than five commercials each instance, and the commercial time of
each instance shall be not more than one minute and
40 seconds
and the total time of spot commercials per hour shall not exceed
three minutes and 20 seconds; and
(d) Any commercial caption shall be limited to the time when the title
of any broadcasting business operator is announced or broadcasting
programs are announced and the frequency of such commercial
caption shall be not more than six instances per hour and not more
than ten seconds per instance and the size of such commercial caption
shall not exceed 1/4 of the screen area: Provided, That in
cases
of satellite mobile multimedia broadcasting business operators and
satellite mobile multimedia program providers, the commercial
caption shall be not more than ten instances per hour, and not
more than ten seconds per instance and the size of such commercial
caption shall not exceed 1/3 of the screen area;
3. In cases of TV broadcasting channels and radio broadcasting channels
of terrestrial mobile multimedia broadcasting business operators,
ter-
restrial mobile multimedia program providers, satellite mobile multi-
media broadcasting business operators and satellite
mobile multimedia
program providers:
(a) The total time of commercials by channel, including the time for
broadcast program commercials, commercial breaks, spot commer-
cials, caption commercials and time signal commercials, shall not
exceed an average of ten minutes per hour: Provided, That such
total time shall not exceed 12 minutes per hour (15 minutes per
hour, in the event that the total time of commercials does not
exceed
15/100 of the broadcasting time of a program whose broadcasting
time is not less than 120 minutes);
(b) The frequency of commercial breaks shall be not more than one
- 50 -
time for a broadcast program of not less than 45 to less than 60
minutes (including the time for commercial breaks; hereafter the
same shall apply in this item), not more than two instances for
a broadcast program of not less than 60 to less than 90 minutes,
not more than three instances for a broadcast program of not less
than 90 to less than 120 minutes, not more than four instances
for a broadcast program of not less than 120 to less than 150 minutes,
not more than five instances for a broadcast program of
not less
than 150 to less than 180 minutes, and not more than six instances
for a broadcast program of not less than 180 minutes,
and shall
be not more than three items per instance; The time for each commer-
cial shall be not more than one minute: Provided,
That in cases
of transmitting broadcast programs, such as athletic games, cultural
or art events, etc. which have an intermittent
pause or preparation
hours, commercial breaks shall be permitted only limited to the
intermittent breaks or preparation time, and
in such cases, there
is no limit in the frequency of commercial breaks, number of commer-
cial items per instance, and time of
commercials;
(c) The frequency of spot advertisements shall be no more than two
instances per hour, and five items per instance,
and the time of
each commercial shall not exceed one minute and 40 seconds on,
condition that the total time of spot commercials
per hour shall
not exceed three minutes and 20 seconds; and
(d) Any commercial caption shall be limited to the time when the title
of any broadcasting business operator is announced or broadcasting
programs are announced and the frequency of such commercial
caption shall be not more than 10 instances per hour and not more
than 10 seconds each instance and the size of such commercial
caption shall not exceed 1/3 of the screen area;
4. In cases of data broadcasting channels:
(a) No commercial shall be aired through the opening screen (here-
after referred to
as the "opening screen" in this paragraph) that
is used by every broadcasting business operator to announce data
broadcasting channels
in order to help viewers choose among them;
(b) Any broadcasting commercial that is aired through the first screen
(referring to
the initial screen of any data broadcasting channel
that is moved to following from such data broadcasting channel
on the opening
screen; hereafter referred to as the "first screen"
in this paragraph) shall not include any image and any voice, and
- 51 -
the size of the commercial shall not exceed 1/4 of the entire screen
area (1/3, in cases of terrestrial mobile multimedia broadcasting
business operators, satellite mobile multimedia broadcasting busi-
ness operators, terrestrial mobile multimedia program providers
and satellite mobile multimedia program providers); and
(c) The broadcasting time of each data broadcasting commercial that
includes
images and voices appearing on the second screen (re-
ferring to the screen that is moved through connection with the
first screen)
shall not exceed ten minutes; and
5. The provisions in items (a) through (c) of subparagraph 4 shall apply
mutatis mutandis to any commercial of the data broadcasting,
which
is added to TV broadcasting programs of TV broadcasting channels.
in such cases, the opening screen refers to the opening
screen on which
the relevant TV broadcasting program is first aired and the first screen
refers to the early screen that is moved
to following from the opening
screen.
(3) Each broadcasting business operators and electric signboard broad-
casting business operators shall, under Article 73 (4) of
the Act, program
the non-profit public commercials in excess of the ratio as referred to in
any of the following subparagraphs:
Provided, That this shall not apply
to any channel through which public content is mostly broadcasted and
which is publicly announced
by the Broadcasting and Communications
Commission:
1. Broadcasting business operators: Ratio publicly notified by the
Broadcasting and Communications Commission within the limit of
1/100
of the total monthly broadcasting time of each channel (in the case
of data broadcasting channels, they refer to entire broadcasting
pro-
grams); and
2. Electronic sign board broadcasting business operators: Ratio determined
under Article 31 (4) 3 of the Enforcement Decree of the
Outdoor
Advertisements, etc. Control Act.
(4) Non-profit public commercials which shall be programed by the
broadcasting business operators and electric sign board broadcasting
business operators under paragraph (3) shall be as follows: 1. Commercials produced by the State or local governments, or public
or non-profit institutions for public service and broadcasted
by the
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broadcasting business operators and electronic sign board broadcasting
business operators for non-profit purposes; and
2. Commercials produced and programed by broadcasting business
operators for public service.
(5) "Commercial marketing agency prescribed by Presidential Decree" in
the main sentence of Article 73 (5) of the Act is a stock
company established
for the commercial marketing, and financed by the Korean Broadcasting
Advertising Corporation.
(6) "Commercials prescribed by Presidential Decree" in the proviso to
Article 73 (5) of the Act are commercial items referred to
in the following
subparagraphs: 1. Commercial items of the State or local governments;
2. Commercial items introducing a terrestrial broadcasting business
operator's own events, or its business operations; and
3. Other commercial items publicly notified by the Minister of Culture,
Sports and Tourism from among the commercial items aimed
at public
interests.
Article 60 (Announcement of Sponsors)
(1) Any broadcasting business operator in accordance with Article 74
(1) of the Act may announce his commercial sponsor in any TV
broadcasting
channel and any radio broadcasting channel only in cases falling under
each of the following subparagraphs:
1. Sponsoring a campaign of public interest nature which is conducted
by a broadcasting business operator;
2. Sponsoring an event for public interests, such as culture, art and sports,
which is hosted, supervised or supported by a broadcasting
business
operator;
3. Sponsoring a production of broadcast programs by a person who produces
broadcast programs (excluding a broadcasting business operator)
and
who is not in a special relation with a broadcasting business operator;
3-2. Sponsoring a production of a large scale planned
program having
a public interest nature by a person who produces broadcast programs;
and
4. Providing prizes or gifts in the production process of broadcast programs,
or of sponsoring a location, costume, vignette, information,
etc.
(2) No broadcasting business operator shall, notwithstanding the provisions
of paragraph (1), make an announcement of sponsors
in such cases falling
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under any of the following subparagraphs: Provided, That where public
agencies established under the provisions of Acts, such as
the Korean Racing
Association under the Korean Racing Association Act, or public service
corporations under Article 2 of the Act
on the Establishment and Operation
of Public-Service Corporations in the cases of subparagraph 2, sponsor the
campaign of public
interest nature under paragraph (1) 1, only the title
of sponsor may appear in the announcement of sponsors: 1. Where the political parties and other organizations speaking for the
political interests sponsor;
2. Where a person who manufactures, sells or provides the commodities
or services for which a commercial is prohibited by Acts and
subordinate
statutes or the regulations of the Broadcasting and Communications
Commission, sponsors; and
3. Where a person sponsors current events, news reports, commentaries,
or programs for a discussion on current topics of the terrestrial
broad-
casting business operator (excluding the radio programs produced
overseas covering a foreign country by a terrestrial broadcasting
business operator having the Special Metropolitan City as its broadcast
area, and programs produced overseas covering a foreign
country by
a terrestrial broadcasting business operator not having the Special
Metropolitan City as its broadcast area).
Article 60-2 (Disaster Broadcast)
(1) When the Broadcasting and Communications Commission intends to
request broadcasting of disasters under Article 75 (2) of the
Act to the
broadcasting business operator, it shall do so in writing: Provided, That
in an emergency situation for preventing calamities
or disasters, such
methods as telephone, facsimile, telecommunication network, etc. are
allowed.
1. Disaster situations;
2. Meteorological situations and the contents of special weather reports
(limited to cases of calamities or disasters as results
of natural
phenomena);
3. Citizen action plans for each type of disasters;
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4. Other matters necessary to prevent or reduce damage.
[This Article Newly Inserted by Presidential Decree No. 19390, Mar. 10, 2006]
Article 60-3 (Prohibited Conducts)
(1) In accordance with Article 76-3 (1) of the Act, broadcasting business
operators and owners of the right to relay broadcasting
shall be prohibited
from engaging in conducts falling under any of the following subparagraphs
(hereinafter referred to as "acts
to be prohibited") or from having other
broadcasting business operator, owner of the right to relay broadcasting,
etc. or a third
party engage in such conducts:
1. Failing, as an owner of the right to relay broadcasting, to secure means
of broadcasting to enable households in the rate of not
less than the
rate announced by the Broadcasting and Communications Commission
within th scope of not less than 60/100 to not more
than 75/100 of
the total number of national households to view, taking into consideration
the type, degree, etc. of national concern
over large-scale sports games
or other principal events (hereinafter referred to as "events, etc. of
national interest");
2. Failing, notwithstanding having secured the right to relay broadcasting,
to broadcast events, etc. of national concern real time
without any
justifiable reason through the means of broadcasting referred to in
subparagraph 1;
3. Refusing or postponing the sale or purchase of the right to relay
broadcasting without any justifiable reason; and
4. Failing to provide file pictures for coverage and news, commentaries,
etc. of national concern without any justifiable reason.
(2) The Broadcasting and Communications Commission may, if it deems
necessary, determine and publish detailed standards for determining
whether or not a case falls under prohibited conducts as prescribed in
paragraph (1).
(1) The Broadcasting and Communications Commission may order correc-
tive measures in the following subparagraphs in accordance
with Article
76-3 (2) of the Act, and concurrently impose them as necessary:
1. Suspension of prohibited conduct;
2. Submission of improvement plans; and
3. Other measures necessary for correction.
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(2) The Broadcasting and Communications Commission shall, in cases
where it orders a corrective measure referred to in paragraph
(1), consult
with the Fair Trade Commission in advance when conduct subject to correc-
tive measure falls under the provision of
Article 60-3 (1) 1.
[This Article Newly Inserted by Presidential Decree No. 20649, Feb. 22, 2008]
Article 60-5 (Submission of Materials)
(1) The Broadcasting and Communications Commission may request broad-
casting business operators, owners of the right to relay broadcasting,
etc. to sumbit materials in the following subparagraphs in accordance
with Article 76-3 (3) of the Act:
1. Contracts (including side letters and preparatory documents of
contracts);
2. Sale-related documents;
3. Materials on the circumstances of operation concerning the guarantee
of the right to relay broadcasting; and
4. Other documents relating to the contract of events, etc. of national
interest.
(2) The Broadcasting and Communications Commission shall take due
care to prevent the leakage of materials submitted pursuant to
paragraph
(1) to the public.
(2) The Broadcasting and Communications Commission may add additional
charges to or reduce the amount of penalty surcharges referred
to in para-
graph (1) within the scope of 1/2 of the amount of the penalty surcharges,
taking into consideration the motive, details
and frequency of the act
of violation. In such cases, even when adding additional charges, the
total amount of penalty surcharges
shall not exceed the upper limit referred
to in Article 76-3 (4) of the Act.
[This Article Newly Inserted by Presidential Decree No. 20649, Feb. 22, 2008]
Article 61 (Re-Transmissions)
(1) When any CATV broadcasting business operator and any CATV relay
broadcasting business operator intend to obtain approval for
simulta-
neously re-transmitting terrestrial broadcasts supplied by any terrestrial
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broadcasting business operator who has obtained permission for his
business outside the broadcasting area under Article 78 (4) of
the Act
or for simultaneously re-transmitting terrestrial broadcasts other than
the terrestrial broadcasts that are simultaneously
retransmitted by any
satellite broadcasting business operator under Article 78 (1) and (2)
of the Act, they shall file an application
for approval to re-transmit broadcasts
to another area and an application for approval to re-transmit terrestrial
broadcasts, accompanied
by documents falling under each of the following
subparagraphs, with the Broadcasting and Communications Commission:
1. A copy of the re-transmission agreement; and
2. A plan for re-transmission.
(2) Deleted. 1. A plan for promoting balanced development between the broadcasting
media and making contributions to the development of the domestic
broadcasting industry;
2. The guarantee of rights and interests of viewers;
3. Regional, social and cultural needs and validity;
4. Possibility of realizing the social responsibility, fairness and public
interest;
5. The public benefit and diversity of broadcasting programs; and
6. Matters concerning the technical reliability required for re-transmissions.
(4) Types of re-transmission provided for in Article
78 (6) of the Act shall
be as follows:
1. Simultaneous re-transmission; the simultaneous re-transmission of
broadcasts without changing the broadcast programming after
receiving
such broadcasts; and
2. Time-delayed re-transmission; the re-transmission of recorded sound
or picture broadcasting programs without changing the broadcast
programming, with a certain time difference after receiving the
broadcasts.
(5) The Broadcasting and Communications Commission shall, if it intends
- 57 -
to determine whether to grant approval for the re-transmission referred
to in paragraph (1), consider opinions of interested persons.
(6) In the event that the Broadcasting and Communications Commission
grants approval for any time-delayed re-transmission referred
to in
paragraph (4) 2, it shall not approve the re-transmission within 24 hours
from the time when broadcasts are received.
[This Article Wholly Amended by Presidential Decree No. 17819, Dec. 26, 2002]
Article 61-2 (Re-Transmission by Community Radio Broadcasting
Busi-
ness Operator)
The hours during which a community radio broadcasting business oper-
ator may re-transmit any broadcast program of any other community
radio
broadcasting business operator under Article 78 (7) of the Act shall be
not more than 30/100 of the total monthly broadcasting
time.
[This Article Newly Inserted by Presidential Decree No. 20219, Aug. 7, 2007]
Article 61-3 (Approval, etc. of Domestic Re-transmission
of Foreign
Broadcasting Business Operators)
(1) Cases falling under any of the following subparagraphs pursuant to
the latter part of Article 78-2 (1) of the Act shall not
be considered
re-transmission:
1. Cases of relay transmitting international events, cultural events or
sports programs that a foreign business operator broadcasts
by unit
of broadcast program;
2. Cases of relay transmitting news reports that a foreign broadcast
business operator broadcasts by the unit of broadcast program:
Provided,
That cases of exceeding one hour per day shall be excluded; and
3. Cases of relay transmitting broadcasts of a foreign broadcast business
operator in a broadcast program in the form of file picture,
quoting
news reports, etc.
(2) The scope and criteria of broadcast business operators to re-transmit
broadcasts of a foreign broadcast business operator pursuant
to Article
78-2 (7) of the Act are as mentioned in the following subparagraphs:
1. The scope of re-transmission:
(a) Terrestrial mobile multimedia broadcast business operator:
Operating a channel for re-transmission
of foreign broadcasts is
prohibited; and
(b) CATV broadcasting business operator and satellite broadcasting
business operator: Within 20/100 of each of TV broadcasting chan-
nels, radio broadcasting channels and data broadcasting channels
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that they run; and
2. Criteria of re-transmission:
(a) Re-transmission of not less than two foreign broadcasting channels
in one channel shall not
be permitted;
(b) Broadcasts of foreign broadcast business operators shall be re-trans-
mitted without insertion of broadcasting advertisements,
dubbing
in Korean, change of broadcasting schedule, etc.; and
(c) In cases where a foreign broadcast business operator goes beyond
the scope approved pursuant to Article 78-2 (1) of the Act, inserting
broadcasting advertisements, adding changes such as dubbing
in
Korean, etc., or broadcasts in infringement of the conditions of appro-
val, such broadcast shall not be re-transmitted. In
such cases, the
broadcast of Korean titles shall not be considered as addition of
change.
(3) In cases where a foreign broadcast business operator intends to obtain
authorization for re-transmission pursuant to Article
78-2 (1) of the Act,
he shall submit an application to the Broadcasting and Communications
Commission, attaching thereto documents
in the following subparagraphs:
1. History, details of principal business, and materials showing the grounds
of incorporation;
2. Broadcasting fields and major contents of broadcast programming;
3. Plan on contribution for the domestic broadcasting industry such as
exchanges and cooperation, etc.;
4. Technical matters concerning re-transmission paths, etc;
5. Matters concerning domestic branch office, domestic office or domestic
agents (including documents enabling confirmation of the
relations of
rights and obligations); and
6. Documents stating user fees resulting from re-transmission (only for
cases of receiving user fees).
(4) The Broadcasting and Communications Commission shall, when it has
received an application for authorization as referred to in
paragraph (3),
examine the matters in the subparagraphs of Article 78-2 (2) of the Act
comprehensively to determine whether or
not to grant authorization and
notify the applicant of the result thereof within 60 days from the date
of receipt.