[ CHAPTER 6 - PENALTIES ]
Article
31. Penalties
Any person who falls under any of the following Subparagraphs shall be subject
to
imprisonment of up to 3 years or a fine of up to 30,000,000 Won:
1. One who retains a subscriber's private key without the subscriber's
request or uses or
discloses a subscriber's private key without the approval of the subscriber who
requested the retention of the private key, in violation of Paragraph (2) of
Article 21;
2. One who fraudulently uses or discloses another person's private
key in violation of
Paragraph (1) of Article 23;
3. One who is issued a certificate in the name of another person
or aid such issuance in
violation of Paragraph (2) of Article 23.
Article 32. Penalties
Any person who falls under any of the following Subparagraphs shall be subject
to
imprisonment of up to 1 year or a fine of up to 10,000,000 Won:
1. One who fails to retain subscriber's certificates, etc.
in violation of Paragraph (2) of
Article 22 (including cases in which Paragraph (2) of Article 22 is applicable);
2. One who uses or discloses collected personal information
for any purpose other than
certification practice in violation of Paragraph (2) of Article 24;
3. One who discloses or provides for a third party, another
person's personal information
obtained ex officio in violation of Paragraph (4) of Article 24.
Article 33. Concurrent Penalty
If the representative of a juridical person, or an agent, employee, or any other
person working
for a juridical person or for an individual has committed any violation referred
to in Article 31
or Article 32 in connection with the business of the said juridical person or
individual, the
applicable fine shall be imposed upon the said juridical person or individual
as well as upon the
person who has actually committed the violation.
Article 34. Administrative Fines
(1) Any person who falls under any of the following Subparagraphs shall be subject
to an
administrative fine of up to 5,000,000 Won:
1. One who fails to file the certification practice statement
or fails to comply with the
order to amend the certification practice statement, in violation of Article
6 (including
cases in which Paragraph (2) of Article 25 is applicable);
2. One who refuses to provide certification services without
a valid reason or
unreasonably discriminates subscribers or certification service users, in violation
of
Article 7 (including cases in which Paragraph (2) of Article 25 is applicable);
3. One who fails to file a report in violation of Paragraph
(1) of Article 9;
4. One who fails to notify the subscriber, or fails to file
a report with the Minister of
Information and Communication, of the suspension of certification practice pursuant
to
Paragraph (1) of Article 10 or the termination of certification practice pursuant
to
Paragraph (1) of the said Article;
5. One who fails to assign to another licensed certification
authority subscriber's
certificates, etc., or fails to report, without a valid reason, in violation
of Paragraph (3)
of Article 10 or Paragraph (2) of Article 12;
6. One who fails to submit records as referred to in Paragraph
(1) of Article 14 or submit
false records, or refuses, obstructs or evades the entry or inspection of the
relevant
public officials;
7. One who fails to provide notice pursuant to Paragraph (3)
of Article 21;
8. One who collects personal information without the respective
person's consent in
violation of Paragraph (1) of Article 24; or
9. One who refuses a subscriber's access to his or her personal
information or fails to
take necessary action to correct of any error in the personal information, in
violation of
Paragraph (3) of Article 24.
(2) The Minister of Information and Communication shall impose and collect the
fine referred
to in Paragraph (1) hereof in accordance with the procedure established by Presidential
Decree.
(3) Any person who wants to contest the fine imposed pursuant to Paragraph (1)
may file an
objection with the Minister of Information and Communication within 30 days after
receiving
notice of the fine.
(4) In the event a person files an objection under Paragraph (3) hereof with
respect to a fine
imposed pursuant to Paragraph (2) hereof, the Minister of Information and Communication
shall inform the competent jurisdictional court of such fact without any delay,
and such court
receiving the notice shall adjudicate the case under the Non-Contentious Case
Procedure Act.
(5) If a person subject to a fine neither files an objection to the fine within
the statutory period
provided for in Paragraph (3) hereof nor pays the fine, the fine shall be collected
in
accordance with the procedures for collecting national taxes in arrears.