「TELECOMMUNICATIONS BUSINESS ACT」 technical and managerial measures prescribed by Presidential Decree to prevent the circulation of illegal filmed materials, etc. <Newly Inserted on Jun. 9, 2020> (3) No person shall, without legitimate authority, incapacitate the technical measures under paragraph (2) by intent or negligence by means of removal, alteration, detour, etc.: Provided, That the same shall not apply in any of the following cases: <Newly Inserted on Jun. 9, 2020> 1. Where such incapacitation is necessary for a central administrative agency or local government to legitimately perform its duties; 2. Where such incapacitation is necessary for an investigation agency, a chief information security officer under Article 45-3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Korea Internet and Security Agency under Article 52 of that Act, etc. to respond to the occurrence of hacking or any other computer security incident on the information and communications network. (4) A business operator obliged to take measures who has to take technical and managerial measures pursuant to paragraph (2) shall ensure that the status of the operation and management of technical measures under paragraph (2) is automatically recorded in a system and shall retain the record for a period prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020> (5) The Korea Communications Commission may require its public officials to inspect the status of operation and management of the measures under paragraph (1) or (2) or may order a business operator obliged to take measures to submit necessary data. In such cases, Article 51 shall apply mutatis mutandis to the procedures and methods for conducting an inspection. <Newly Inserted on Jun. 9, 2020> (6) No person shall impair, counterfeit, or alter any record referred to in paragraph (4) without legitimate authority. <Newly Inserted on Jun. 9, 2020> [This Article Newly Inserted on Dec. 24, 2018] Article 22-6 (Imposition of Penalty Surcharges for Failure to Take Measures to Prevent Circulation) (1) The Korea Communications Commission may impose a penalty surcharge in an amount not exceeding 3/100 of the sales prescribed by Presidential Decree on a person who intentionally fails to take measures necessary for the prevention of circulation, such as deleting illegal filmed materials, etc. and blocking access thereto under Article 22-5 (1). 법제처 25 국가법령정보센 터

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