「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