1. Reason for amendment
As Articles 22-9.1 and 22.9.2, Article 45-2 .1, Article 50.1 (Act No. 18451, September 19, 2021), Article 51-2, and Article 104.1 (Act No. 18477, October 19, 2021) of the Telecommunications Business Act to prescribe the liabilities of the application market business operators for the protection of users, to prohibit forced specific payment methods, and to impose charges for compelling performance in case of non-execution of order to submit fact investigation data were amended, the aim is to establish matters on the detailed liabilities of application market business operators for the protection of users, detailed types of and standards on the prohibition of forced specific payment methods, and detailed standards on charges for compelling performance, etc. in the Enforcement Decree of the Telecommunications Business Act.
2. Main contents
A. Imposition of liabilities for damage prevention and right protection for users of application market business operators (Draft for establishment of Article 30-9)
○ Preparation of contents of the agreement of application market business operators and amendment method thereof, complaint processing procedure, and protection provisions for users of in-app payments in relation to application market business operators to protect users from possible damages due to payment and refund of mobile contents, etc.
B. Preparation of subjects, contents, and procedure of the application market operation status survey (Draft for establishment of Article 30-10)
○ Selection of subjects and contents of the survey in accordance with the provisions on user protection work assessment considering the purpose of amendment on the protection of mobile content, etc. providers and provision of method and procedure considering the existing status surveys of additive telecommunication, etc.
C. Establishment of system of charges for compelling performance in case of non-submission of data (Draft for establishment of Article 43-2 and [Table 7-2] and revision of [Table 11])
○ Preparation of calculation standard for daily mean sales to impose charges for compelling performance to the person who did not execute the order of (re)submission of data for fact investigation
○ Preparation of standard on imposition of administrative fine not exceeding KRW 50 million in case a large enterprise telecommunication business operator, etc. refuses or evades an order to submit data or materials, etc. needed for the investigation of prohibited actions
D. Preparation of types of and standard on newly established prohibited actions including forced specific payment methods, etc. (Revision of [Table 4] in relation to the Enforcement Decree of 42.1)
○ The types of prohibited actions that may be taken in the process of application market operation and service are stated to improve the clarity and predictability of regulations and delegation of standard on the judgment of illegality of prohibited actions to a public notification.
E. Upper limit of penalty surcharge to be imposed against newly established prohibited actions (Revision of [Table 6] in relation to Article 46.1 of the Enforcement Decree)
○ Preparation of detailed standard considering the severity, etc. of the scale and illegal action of business operator based on the current standard on the imposition of penalty surcharge against illegal actions