Korea Media and Communications Commission logo. /Courtesy of Korea Media and Communications Commission (KMCC)

A legal basis has been established to impose a penalty surcharge of up to 6% of sales on illegal spam senders and related businesses, and to confiscate and collect illicit gains obtained from sending advertising information.

The Korea Media and Communications Commission said on the 24th that the Cabinet approved a partial amendment to the Act on Promotion of Information and Communications Network Utilization and Information Protection that includes these measures.

Under the amendment, not only those who send illegal spam but also businesses that neglect their duty to prevent spam will be subject to a penalty surcharge of up to 6% of related sales. Until now, regulation of illegal spam was limited to fines of up to 30 million won, prompting criticism that sanctions against profit-seeking businesses lacked effectiveness.

The amendment also strengthens oversight of the distribution market by requiring that the sending of advertising information through mass-text services be outsourced to those who have obtained "transmission qualification certification." The bill will take effect six months after promulgation.

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