(1) Reasons for Proposal

This amendment aims to strengthen the protection of users by providing actual measures, etc., to remedy user damage,and secure the fact-finding investigations of illegal acts.

(2) Major Provisions

A. Except for providing illegal and harmful information blocking means (proviso of Article 32-7 (1), newly inserted) 

If a legal representative of a youth entering into a mobile phone contract with a company applies, an exception is established so that a means to block illegal harmful information may not be installed

B. Clarify the regulatory basis for combined sales service (Article 50 (1) 4, amended) 

Upgrade the relevant provision of the combined sales service of broadcasting, telecommunications, and IPTV as prescribed in the current Enforcement Decree of the Telecommunications Business Act to a provision of the Act to make the regulatory basis clearer.

C. Establish a charge for compelling the performance with regard to the violation of the order for submitting fact-finding investigation documents (Article 51-2) 

Establish a charge for compelling performance (not exceeding 3/1000 of sales per day or not exceeding 2 million won if there is no sales or difficult calculation) that can be imposed when the order for submitting fact-finding investigation documents is violated.

D. Establishment of consent order (Article 51-3, newly inserted) 

Prescribe that a consent order system is introduced that closes a case if a business operator proposes a corrective measure to remedy user damage in a case of illegal acts under investigation or deliberation, and the Korea Communications Commission acknowledges its validity.

E. Add new reasons for reducing penalty surcharge (Article 53 (3) 5 and 6, newly inserted) 

Upgrade the reasons for reducing the penalty surcharge for “efforts to prevent violations” and “user protection activities” based on the current Detailed Criteria for Imposing Penalty Surcharge on the Violation of Prohibited Acts (Notification) to the Act.

F. Differentiate the imposition of administrative fines for large franchises and retail business operators (Article 104 (1) through (5), amended) 

Require imposing an administrative fine of 50 million won or less for large franchises and retail business operators and 10 million won or less for others, considering the size of the business.