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Government Legislation

  • [IT & IPR] Amendment to the Enforcement Decree of the Telecommunications Business Act
    • Competent Ministry : Ministry of Science and ICT
    • Advance Publication of Legislation :
    • Opinion Submission Deadline :

[Background]

- According to Article 31, Paragraph 1, Item 7 of the Enforcement Decree of the Telecommunications Business Act, any changes related to value-added telecommunications services are subject to registration for modification. However, there has been no specific management for cases where a mass text messaging service provider changes its website address, so there is a need to clarify the items subject to registration for modification.
- (Necessity of Government Intervention) Changes to a website address can significantly affect users. Additionally, it is necessary to verify the continuity of services (whether the service is suspended or terminated) under Article 26 of the Telecommunications Business Act, which is also important for the management of registered businesses.


[Regulatory Details]

- Adding an item for the modification registration of value-added telecommunications businesses to Article 31 (Modification Registration or Notification of Value-Added Telecommunications Business) of the Enforcement Decree of the Telecommunications Business Act.


1. Reason for the Revision

- In line with the revision of the Telecommunications Business Act (Law No. 20792, amended on March 18, 2025), the specific provisions for checking compliance with the registration requirements of specific types of value-added telecommunications businesses (hereinafter referred to as 'text message service providers') under Article 2, Item 14 of the Act are being stipulated, including details of the inspection items, methods, and procedures. The amendment reflects follow-up measures for the comprehensive anti-spam plan announced on November 28, 2024.


2. Main Contents


a. Clarification of Regular Inspections for Compliance with Registration Requirements and Conditions (New Article 29-2)

- A new provision is introduced under Article 22, Paragraph 4 of the Act to regularly inspect the compliance of text message service providers with registration requirements, including details on inspection items, methods, and procedures.

b. Grounds for Removing Text Message Service Providers that Neglect Illegal Spam Prevention (Amendment to Annex 2)

- A provision is made to allow for the suspension of business or cancellation of registration for service providers who fail to comply with registration requirements or who neglect corrective orders related to illegal spam.

c. Strengthening of Registration Requirements to Prevent Entry of Ineligible Service Providers (Amendment to Annex 3)

- The registration requirements for text message service providers are strengthened to include technical and managerial measures, capital requirements, and clarified personnel requirements, reflecting the obligations to prevent illegal spam.
Regulatory effect assessment
  • 전기통신사업법 시행령(규제영향분석서)_20250528.hwp [download]
Legislative proposal (draft)
  • 입법예고문(전기통신사업법 시행령 일부개정령안).hwpx [download]