Telecommunications Business Act · Article 22-8
Do you need a domestic agent under Korea’s Telecommunications Business Act?
Telecommunications Business Act (“TBA”), Article 22-8
In force In force.
Value-added service providers with no address or office in Korea must appoint a domestic agent in writing only if they meet both tests: 1 million or more daily users in Korea and at least 1% of Korea’s total internet traffic. Because both are required, this rule reaches only the largest services.
| Who | Value-added service providers with no office in Korea |
|---|---|
| Tests | Meet all of 2 |
| Korean entity first? | Yes — a Korean entity you set up or control comes first |
| Where the agent is published | Not required |
| Fine for no agent (cap) | KRW 20 million |
| Status | In force. |
| Korean title | 전기통신사업법 |
| Also called | Domestic representative, local representative (국내대리인) |
Who must appoint a domestic agent?
A company with no address or office in Korea that meets all of these tests:
- 1 million or more users in Korea on a daily average over the last three months of the prior year
- At least 1% of all domestic traffic on Korean network operators, averaged over the same period
How are the numbers counted?
- Users in Korea
- At least 1 million daily users in Korea, averaged over the last three months of the prior year.
- Traffic
- At least 1% of Korea’s total internet traffic over the same period. Both tests must be met.
Does a Korean entity have to be the agent?
The agent needs an address or office in Korea. If you set up or control a Korean entity, the agent must be chosen from among those entities.
What does the agent do, and what stays with you?
| The agent | Your company |
|---|---|
| Provides a local contact point for user requests, in Korean | Sets your user-protection policies |
| Files the service stability reports | Runs the stability measures the Act requires |
| Complies with document orders | Decides how to respond, and provides the facts |
Anything the agent does wrong in these tasks is treated as your company’s own breach. Legal positions stay with your counsel.
How fast must user requests be handled?
Requests must be taken in Korean and answered in real time during business hours, or otherwise resolved within three business days, with an explanation if that is not possible.
Does the agent have to be published or filed?
The Act does not itself require publishing or filing the agent’s details.
What are the penalties?
| Failure | Cap | Standard amount in the decree |
|---|---|---|
| Not appointing an agent | Up to KRW 20 million | — |
| Appointing an agent in breach of the Korean-entity rule | Up to KRW 20 million | — |
Korea’s TBA Article 22-8 in English
Official English translation (Korea Legislation Research Institute). The Korean text on law.go.kr is the binding version.
Article 22-8 (Designation of Domestic Agents)
(1) A value-added telecommunications business operator without a domicile or place of business in the Republic of Korea that meets the standards prescribed in Article 22-7 (1) shall designate in writing a person that acts on its behalf with respect to the following matters (hereinafter referred to as "domestic agent"): 1. Securing a means of communication in the Republic of Korea to deal with the user’s request under Article 22-7 (1); 2. Submission of data under Article 22-7 (3) and (4); 3. Affairs related to the protection of users under Article 32 (1); 4. Implementation of an order to submit data under the latter part of Article 32 (2).
(2) A domestic agent shall have a domicile or place of business in the Republic of Korea; in such cases, where any of the following corporations exists, a value-added telecommunications business operator that is required to designate a domestic agent pursuant to paragraph (1) shall designate a person selected from among such corporations as a domestic agent: 1. A domestic corporation established by a value-added telecommunications business operator that is required to designate a domestic agent pursuant to paragraph (1); 2. A domestic corporation, over which a value-added telecommunications business operator that is required to designate a domestic agent pursuant to paragraph (1), exercises dominant influence in terms of the composition of executive officers, the operation of the business, and other relevant matters.
(3) Where 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 value-added telecommunications business operator who designated the relevant domestic agent.
(4) A domestic agent shall secure a valid means of communication with a value-added telecommunications business operator under paragraph (1).
Enforcement Decree, Article 30-8(1): the thresholds
(1) "Value-added telecommunications business operator who meets the standards prescribed by Presidential Decree" in Article 22-7(1) of the Act those who meet all the following standards: 1. The average number of domestic users per day for three months immediately before the end of the preceding year shall be at least one million; 2. The average volume of domestic traffic generated per day for three months immediately before the end of the preceding year shall be at least 1/100 of the total volume of domestic traffic which is communicated on an average daily basis for three months immediately before the end of the preceding year in the information and communications network through which a domestic facilities-based telecommunications business operator provides Internet services (including wireless Internet services).
How KoreaAgent runs it
- Korean-language intake for user requests, answered by people during Korean business hours, with the three-business-day clock tracked per case
- Regulator requests and report deadlines logged and sent to your decision-maker as a translated alert within two business hours
Questions about the TBA agent rule
What is the agent’s core role under the Telecommunications Business Act?
A local contact point for user requests, taken in Korean and answered in real time during business hours or resolved within three business days, plus stability reports, user-protection duties and document orders.
What happens if we do not appoint an agent?
A fine of up to KRW 20 million. The same cap applies if the agent breaks the Korean-entity rule.
Must our Korean subsidiary be the agent?
Yes. If you have a Korean entity you set up or control, the agent must be one of them.
Do we need both thresholds?
Yes. The decree requires both the daily-user test and the traffic-share test, measured over the last three months of the prior year.
Can KoreaAgent be our agent under this Act?
Yes, if you have no Korean entity you set up or control. If you do, it must be the agent, and we can run the user-request line and filings behind it.
Related questions
Sources
- Telecommunications Business Act Art. 22-8 (Korean, official text)
- Telecommunications Business Act Art. 104 (fines) (Korean, official text)
- Enforcement Decree Art. 30-8 (thresholds, user requests) (Korean, official text)
- Telecommunications Business Act, English translation (for reference)
Korean title: 전기통신사업법. 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: .