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Title The KCC specifies the standard for penalty surcharges for violating the Mobile Device Distribution Improvement Act
Date 2023-04-18 Read 5910
When imposing fines for violations of the Mobile Device Distribution Improvement Act, the subjects and requirements of the reasons for reducing fines will be specified and clarified to increase the effectiveness of law enforcement and the predictability of operators.

On Monday, April 3, 2023, the Korea Communications Commission (KCC, chairman Han Sang-hyuk) held the 10th written meeting and agreed with the amendment to the Public Notice of Detailed Guidelines for Imposition of Penalty Surcharges for violating the Mobile Device Distribution Improvement Act.

The amendment specified the current "reduction within 20% when provocatively cooperating in the investigation" to "submitting useful materials for determining the illegality, or making a statement," and set a maximum reduction limit differently depending on the degree of investigation cooperation to apply the highest reduction only when provocatively cooperating from the start of investigation.
(Guidelines [Attached Table 4] III. Amendment No. 1)

In addition, the "reduction within 10% when introducing and operating educational programs as compliance efforts" clause was set to apply reduction only when the violation deterrence effect is high or significant and set upper limit differentially to 10% and 5% in consideration of the content and efficacy of compliance efforts. (Guidelines [Attached Table 4] III. Amendment No. 5)

Finally, in the case of a 30% reduction when making efforts to prevent a repeat occurrence, the reduction cap was set differently within 30%, 20%, and 10% by dividing the cases where the recurrence of the violation can be prevented practically, significantly, and partly, in consideration of the contents and effects of the repeat occurrence prevention measures.

The amendment to the public notice is expected to take effect in April after it is publicly announced in the Official Gazette, and the subject and requirements for reduction will be strictly applied when imposing penalty surcharges for violations of the Mobile Device Distribution Improvement Act to increase the effect of penalty surcharges and prevent a repeat occurrence.
File (보도자료)방통위, 단말기유통법 위반 과징금 부과기준 구체화한다(4.3).hwpx (보도자료)방통위, 단말기유통법 위반 과징금 부과기준 구체화한다(4.3).hwpx
20230403_News_Release_surcharges.docx 20230403_News_Release_surcharges.docx
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