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Kim Jong-cheol, Chairperson of the Korea Media and Communications Commission, presides over the 34th plenary session at the Government Complex Gwacheon on the 9th. / Korea Media and Communications Commission

Starting this October, entities sending illegal spam or neglecting obligations to prevent it will face penalty surcharges of up to 6 percent of related revenue. The move shifts the regulatory framework from administrative fines to revenue-linked penalty surcharges, aiming to strengthen both the deterrence of violations and the clawback of economic gains.

The Korea Media and Communications Commission (KMCC) convened its 34th plenary session on the 9th and resolved on a proposed amendment to the Enforcement Decree of the Act on Promotion of Information and Communications Network Utilization and Information Protection and a draft for the related public notification.

The core of the revised enforcement decree and the enactment bill lies in differentiating the level of sanctions against illegal spam according to the operator's revenue scale and the severity of the violation. To this end, specific standards were established requiring information and communications service providers whose services are exploited for sending illegal spam to suspend promotional transmissions, inspect and remediate security system vulnerabilities, formulate and execute recurrence prevention plans, and restrict service access or terminate service contracts.

Authorities also enabled the imposition of penalty surcharges ranging from 1 to 6 percent of related revenue, or between 100 million won and 2 billion won, based on the gravity of the violation. If calculating related revenue proves difficult, a baseline amount between 100 million won and 2 billion won applies according to the degree of violation.

The public notification details the penalty calculation procedure, criteria for assessing violation severity, and standards for aggravation or mitigation. Severity is categorized into high, medium, and low levels based on factors including intention or negligence, violation methods and means, the type of violation, and the scale and impact of damages. After calculating the baseline amount based on these factors, the final penalty surcharge is determined through aggravation and mitigation reviews.

In particular, repeated violations will draw punitive surcharges. When an operator penalized within the past three years commits another violation, the surcharge will be aggravated by 30 percent for the first repeated infraction and up to 50 percent for two or more repeat offenses. An additional surcharge of up to 30 percent may be applied if a violator destroys evidence, obstructs investigations, or plays a leading role in the violation. Conversely, penalties may be reduced for voluntary disclosure, stopping or rectifying violations before investigations, and restoring damages.

Accountability is also being strengthened not only for direct senders but also for information and communications service providers that neglect their services being exploited for illegal spam transmission. Once operators confirm their services are used to distribute illegal spam, they must halt promotional transmissions and inspect and upgrade security vulnerabilities. The KMCC may conduct investigations, impose sanctions, demand data submissions, carry out inspections, and issue corrective orders if operators fail to comply properly.

The amendment to the enforcement decree and the draft public notifications resolved on the day are scheduled to be promulgated and enforced on October 1 following approvals at the Vice-Ministerial Meeting and the Cabinet Meeting.

Kim Jong-cheol, Chairperson of the Korea Media and Communications Commission, stated, "Through the enactment and revision of subordinate statutes, including this enforcement decree and public notification, we hope to resolve the chronic issue of unabated illegal spam distribution."

                                                                                                           Kim Hong-chan