Network Act · Article 32-5
Do you need a domestic agent under Korea’s Network Act?
Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Network Act”), Article 32-5
In force In force.
Online service providers with no address or office in Korea must appoint a domestic agent in writing once they meet any one of the decree’s tests: total revenue, revenue from online services, or a materials request from the media and communications regulator after a serious incident. The agent’s details must be published on your website or a similar channel.
| Who | Online service providers with no office in Korea |
|---|---|
| Tests | Meet any one of 3 |
| Korean entity first? | No |
| Where the agent is published | Website or similar channel |
| Fine for no agent (cap) | KRW 20 million |
| Status | In force. |
| Korean title | 정보통신망 이용촉진 및 정보보호 등에 관한 법률 |
| Also called | Domestic representative, local representative (국내대리인) |
Who must appoint a domestic agent?
A company with no address or office in Korea that meets any one of these tests:
- Total revenue of KRW 1 trillion or more in the prior year (or prior fiscal year)
- Revenue of KRW 10 billion or more from online services in the prior year
- A materials request from the Korea Media and Communications Commission after an incident that seriously harms service stability
How are the numbers counted?
- Total revenue
- Revenue for the prior year, converted to Korean won at that year’s average exchange rate.
- Online-service revenue
- Revenue of KRW 10 billion or more from information and communications services in the prior year.
- Regulator route
- A document request from the Korea Media and Communications Commission after a serious incident also triggers the duty.
Does a Korean entity have to be the agent?
The agent needs an address or office in Korea. The Act currently has no rule that a Korean affiliate must be chosen first.
What does the agent do, and what stays with you?
| The agent | Your company |
|---|---|
| Submits the materials and documents the regulators request | Decides what to submit, and keeps it accurate |
| Receives requests that the Ministry of Science and ICT or the KMCC address to it | Acts on what the regulator decides |
| Is published on your website as the contact in Korea | Keeps the agent’s details published |
Anything the agent does wrong in these tasks is treated as your company’s own breach. Legal positions stay with your counsel.
What must you publish, and where?
| Item | For a company agent |
|---|---|
| Name | Company name and its representative |
| Address | Office address in Korea |
| Phone | A Korean phone number |
| A contact email |
The agent’s name (for a company, its name and representative), address, phone number and email must all be published on your website or similar channel. The Act does not require filing the appointment with a regulator.
What are the penalties?
| Failure | Cap | Standard amount in the decree |
|---|---|---|
| Not appointing an agent | Up to KRW 20 million | KRW 20 million |
What is changing?
- A bill that would add a Korean-affiliate rule and a duty to notify the appointment is still under committee review. It is not law.
Korea’s Network Act Article 32-5 in English
Official English translation (Korea Legislation Research Institute). The Korean text on law.go.kr is the binding version.
Article 32-5 (Designation of Domestic Agents)
(1) A person who meets the criteria prescribed by Presidential Decree, based upon considerations such as the number of users and sales, from among providers of information and communications services or similar with no domicile or place of business in the Republic of Korea, shall designate, in writing, an agent to act on his or her behalf with respect to the following (hereinafter referred to as "domestic agent"): 1. Deleted; <Feb. 4, 2020> 2. Deleted; <Feb. 4, 2020> 3. Submission of related articles, documents, etc. under Article 64 (1).
(2) A domestic agent shall be a person who has a domicile or place of business in the Republic of Korea.
(3) In designating a domestic agent pursuant to paragraph (1), all the following matters shall be disclosed on its website and the like: 1. The domestic agent's name (if the domestic agent is a corporation, referring to the name of the corporation and the name of its representative); 2. The domestic agent's domicile (if the domestic agent is a corporation, referring to the address of its place of business), and his or her telephone number and electronic mail address.
(4) If a domestic agent violates this Act in relation to the subparagraphs of paragraph (1), such violation shall be deemed to have been committed by the relevant provider of information and communications services or similar.
Enforcement Decree, Article 19: the thresholds
(1) "Person who meets the criteria prescribed by Presidential Decree" in Article 32-5(1) of the Act means any of the following persons: 1. A person whose sales for the preceding year (if the person is a corporation, referring to the preceding business year) reach or exceed one trillion won; 2. A person whose sales from information and telecommunications services for the preceding year (if the person is a corporation, referring to the preceding business year) reach or exceed 10 billion won; 3. Deleted; <Aug. 4, 2020> 4. A person who caused or is likely to cause an incident or accident significantly undermining security in using information and communication services in violation of this Act and has been consequently required by the Korea Media and Communications Commission to submit relevant articles, documents, etc. under Article 64(1) of the Act.
(2) Sales referred to in paragraphs (1)1 and 2 shall be based on the amount determined by converting sales into Korean won at the average foreign exchange rate for the preceding year (if the person is a corporation, referring to the preceding business year).
How KoreaAgent runs it
- Regulator requests are logged on arrival, summarized in English or Chinese, and sent to your decision-maker as a translated alert within two business hours
- We file the materials you approve, in Korean, before the deadline, and keep proof of submission
- Users who reach us through the published contact details are answered by people, even though the Network Act itself only assigns the agent regulator-facing work
Questions about the Network Act agent rule
What is the Network Act agent’s core role?
One statutory task: submitting the materials and documents that the Ministry of Science and ICT or the Korea Media and Communications Commission requests. The law lets those regulators address their requests to the agent directly.
What happens if we do not appoint a Network Act agent?
A fine of up to KRW 20 million, which the decree also sets as the standard amount.
Must our Korean subsidiary be the Network Act agent?
Not under the current Act: the agent only needs an address or office in Korea. A bill that would add a Korean-affiliate rule is still under committee review.
Does the Network Act agent handle user complaints?
Not as a statutory task: under the Network Act the agent’s duty is to submit materials regulators request. In practice users still contact the published agent, so we answer them as part of the service.
Is the KRW 10 billion test limited to revenue from Korea?
The decree refers to revenue from online services and does not itself say “domestic”, and it does not define how the figure is counted. If you are near the line, ask your counsel how it applies to you.
Can KoreaAgent be our Network Act agent?
Yes. The agent needs an address or office in Korea, and the current Act has no Korean-affiliate rule.
Related questions
Sources
- Network Act Art. 32-5 (designation, duties, disclosure) (Korean, official text)
- Network Act Art. 64 (materials requests) (Korean, official text)
- Network Act Art. 76 (fines) (Korean, official text)
- Enforcement Decree Art. 19 (thresholds) (Korean, official text)
- Act on Promotion of Information and Communications Network Utilization and Information Protection, English translation (for reference)
Korean title: 정보통신망 이용촉진 및 정보보호 등에 관한 법률. Summarized by Youngho Kim (KoreaAgent) from the official Korean text on law.go.kr, which is the authoritative version. This is general information, not legal advice, and it does not say whether the law applies to your company. Last reviewed: .