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Title KCC ORDERS DATA RESUBMISSION FOR FACT-FINDING INVESTIGATION AND CHARGE FOR COMPELLING COMPLIANCE
Date 2022-04-20 Read 862
- Administrative fine increase if operators such as large corporations refuse or evade fact-finding investigation -

Starting today, the Korea Communications Commission (KCC, Chairman Han Sang-hyuk) will implement a system to order resubmission of data and articles (hereinafter “resubmission order”) to determine violation of prohibited acts by telecommunications business operators. In the case the operator does not comply with the resubmission order, a charge for compelling compliance will also be implemented starting this day.

This is a follow-up action to the amended Telecommunications Business Act (promulgation on October 19, 2021) and the Enforcement Decree of the same act; the key points of this action are as follows.

First, if a telecommunications business operator fails to comply with an order to submit data or articles related to the fact-finding investigation of prohibited acts, the KCC may issue a resubmission order. If a business operator does not comply with the resubmission order, the KCC may impose and collect a charge for compelling compliance based on the business operator's ‘average daily sales’. It is expected this will be effective in securing data and articles as the KCC can calculate the charge for compelling compliance per day and impose it every 30 days until the business operator completes its submission of data and articles (Article 51-2 of the Telecommunication Business Act, Article 43 of the Enforcement Decree of the Telecommunications Business Act and [Attached Table 4-2] newly established).

Second, the amount of the charge imposed on large corporation, etc. will be increased if they refuse or avoid the submission or temporary storage of data or articles necessary for the fact-finding investigation of prohibited acts. Until now, a fine of up to 10 million won was imposed regardless of the size of the company. However, moving forward a fine of 50 million won will be imposed on a large corporation, an affiliate of a large corporation, or a person entrusted with performing the business. (Enforcement Decree of the Telecommunications Business Act [Attached Table 11] amended).

Chairman Han Sang-hyuk commented, “Through this reform, we have been able to enhance the enforcement capability of fact-finding and securing data on prohibited acts.” He emphasized, “We will strive to protect users through a thorough fact-finding investigation into whether or not a telecommunications business operator has committed prohibited acts.”

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The Korea Communications Commission
File News_Release_KCC-Order-Resubmit-Data.docx News_Release_KCC-Order-Resubmit-Data.docx
(보도자료) 방통위, 금지행위 사실조사를 위한 자료 재제출명령 및 이행강제금 제도 시행(4.20).pdf (보도자료) 방통위, 금지행위 사실조사를 위한 자료 재제출명령 및 이행강제금 제도 시행(4.20).pdf
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