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  • Partial Amendment to the Enforcement Decree of the Act on the Protection, Use, etc. of Location Information
    • Competent Ministry : Korea Communications Commisstion
    • Advance Publication of Legislation : 2018-07-17
    • Opinion Submission Deadline : 2018-08-28

A. Newly establish regulations on the procedure for filing a report as a subject matter location-based information service provider (Article 5-2, 6-3, 8-3 / not applicable)

Have a location-based service provider, as a business provider subject to filing a report, submit documents related to a written report on the business, transfer/merger/split-off and/or suspension/closure of business to the Korea Communications Commission, the same as a location-based service provider who is a business provider subject to filing a report, in accordance with the change of a subject matter location-based information service provider as one subject to filing a report instead of one subject to permission

B. Newly establish regulations on procedure, etc., for micro enterprises, etc., to file a report as a location-based service (Article 10-2 newly established, Enforcement Decree Article 11 (3) amended)

Ensure that a micro enterprise, etc., that intends to continue its location-based service business one (1) month after the commencement of such business files a report with attached documents verifying its trade name, location and its status as a micro enterprise, etc., to an information system designated by the Korea Communications Commission

Provided, however, that in case such micro enterprise, etc., no longer qualifies as a micro enterprise, etc., such micro enterprise, etc., shall, within one (1) month of such non-qualification, supplement and report documents and business plan for fact-checking

C. Prescribe detailed matters on disclosure of terms and conditions on the use of a location information business provider and location-based service provider (Decree Article 13, entirely amended / not applicable)

In accordance with the change in obligation of a location information provider and a location-based service provider from obligation to file reports/change reports to the terms and conditions of use to obligation to disclose the terms and conditions of use as a result of the amendment to the Act on Location Information;

Ensure that the terms and conditions of use are disclosed in an internet homepage or the first page (which includes the first page and connecting pages) of a communications mobile device, etc., and that in case of change to such terms and conditions of use, the contents and reasons for the change are disclosed

D. Prescribe method of submission of statistical materials of personal location information business providers (Article 30-5, newly inserted / not applicable)

In accordance with the change where statistical materials on sending warnings and providing personal location information of location service business providers are to be submitted to the Science, ICT, Broadcasting, and Communications Committee of the National Assembly in addition to the Korea Communications Commission;

Prescribe the method of submission of each statistical material to ensure the number of cases per month are submitted semi-annually

E. Provide a basis for enacting a notice on managerial and technical protective measures of location information (Article 20 (2), amended / not applicable)

Newly insert regulation providing a basis for the Korea Communications Commission to provide a notice on detailed managerial and technical protective measure standards for location information

F. Provide detailed standards, etc., on taking sanction measures and imposing administrative fines in case of violation of the law by a subject matter location information business provider (Decree attached Tables 3 and 5, amended)

Prescribe detailed standards on taking sanction measures such as closure or suspension of business in case a subject matter location information business provider violates each subparagraph of Article 13 (1) of the Act such as by falsely or through wrongful means filing a report of such business, according to the type of violation

Newly insert detailed standards on imposing administrative fines for violating obligations in accordance with the Act such as those on filing reports on changes, acquisition/merger and/or suspension/closure of business

※ Prescribe standards for taking sanction measures and imposing administrative fines the same as for a location-based service business provider who is a business provider subject to filing a report

Prescribe standards for imposing administrative fines in case a location information business provider or location-based service business provider does not fulfill its obligation to disclose its terms and conditions of use and changes to such terms and conditions or it does not implement the Korea Communications Commission’s order to change its terms and conditions of use


Regulatory effect assessment
Legislative proposal (draft)
  • 2. 위치정보의 보호 및 이용 등에 관한 법률 시행령 일부개정령안.hwp [download]