Reasons for Proposal
Today, growing numbers of foreign service providers are entering the Korean market for location information services or location-based services. Of those companies, some are using the name of their subsidiaries based in Korea to register or obtain a license, so that there are cases where the actual service providers do not correspond to registered or licensed ones.
Therefore, it is necessary to adopt a domestic agent system to enable foreign corporations to complete the administrative procedures under the location information protection law with ease and to promptly submit the data required by the Korea Communications Commission concerning their law violations, etc., in such a way that the problem that the actual service providers do not correspond to registered or licensed ones is resolved and enforceability ensured.
Recently, the EU is moving towards imposing regulatory measures on global service providers for their unwarranted behaviors tightening its regulations, and the EU’s General Data Protection Regulation to be enforced as of May 2018 also requires foreign service providers to designate their intra-EU agents in writing.
With respect to a service provider with no permanent domestic address or place of business who wants to carry on location information service business/location-based service provision business or is currently doing location information service business, the bill aims to require the service provider to designate a domestic agent who shall complete various administrative procedures and submit the required documents including application for license/registration under the location information law, thereby resolving the problem where the actual service providers do not correspond to registered or licensed ones and ensuring enforceability (Article 36-2, etc. newly inserted).
Major Provisions
Article 36-2(Designation of an Agent) ① In case a person with no permanent domestic address or place of business falls under any of the following subparagraphs, he/she shall designate a person who has a permanent domestic address or place of business as his/her agent (hereinafter referred to as ‘Agent’).
