「TELECOMMUNICATIONS BUSINESS ACT」
registration under Article 6 (1) or has filed a report under the proviso of Article 6 (1);
hereinafter the same shall apply) within 49/100 of the total number of the issued shares of
the facilities-based telecommunications business operator, when aggregating all of such
shares held by foreign governments or foreign persons. <Amended on Aug. 13, 2013; Dec.
24, 2018>
(2) Notwithstanding paragraph (1), a corporation in which the government or a person
(including affiliated persons referred to in subparagraph 6 (a) of Article 2 of the Act on
Corporate Governance of Financial Companies; hereinafter the same shall apply) of the
foreign country, a party to a free trade agreement determined and publicly notified by the
Minister of Science and ICT from among bilateral or multilateral free trade agreements
entered into and in effect between the Republic of Korea and foreign countries, is the
largest shareholder (referring to the largest shareholder defined in subparagraph 6 (a) of
Article 2 of the Act on Corporate Governance of Financial Companies; in such cases,
"financial company" shall be construed as "corporation"; hereinafter the same shall apply)
and at least 15/100 of the total number of the issued shares of which are held by such
largest shareholder may hold more than 49/100 of the shares issued by a facilities-based
telecommunications business operator under paragraph (1) but must not exercise voting
rights attached to the shares held in excess of the threshold until it undergoes a public
interest test under Article 10 (1) 4. <Newly Inserted on Oct. 19, 2021>
(3) A corporation, in which a foreign government or a foreign person is the largest
shareholder and at least 15/100 of the total number of the issued shares of which are held
by such largest stockholder, shall be deemed a foreign person (hereinafter referred to as
"corporation deemed a foreign person"). <Amended on Dec. 24, 2018; Oct. 19, 2021>
(4) None of the following corporations shall be deemed a foreign person, even if it satisfies
the requirements prescribed in paragraph (3): Provided, That the foregoing shall not apply
to a foreign person referred to in Articles 10 (1) 3 and 86 (3): <Amended on Aug. 13, 2013;
Jul. 26, 2017; Dec. 24, 2018; Oct. 19, 2021; Jun. 10, 2022>
1. Where a corporation holds less than 1/100 of the total number of the issued shares of a
facilities-based telecommunications business operator under paragraph (1);
2. A corporation determined by the Minister of Science and ICT as having no risk of
undermining the public interest based on a public interest test under Article 10 (1) 4.
(5) Notwithstanding paragraph (4), where a corporation falling under subparagraph 2 of
the that paragraph (limited to a corporation, the largest shareholder of which is the
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