Illegal Spam Senders Face Increased Penalties: Imprisonment Extended from 1 Year to Up to 3 Years

The level of punishment for illegal spam senders will be strengthened.

On the 16th, the Korea Communications Commission announced that the revised enforcement ordinance of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." which strengthens the punishment for illegal spam senders and telecommunications operators who violate the obligation to prevent illegal spam transmission, was approved at the Cabinet meeting.

There had been criticism that the level of punishment for violations was low compared to the profits that senders of commercial advertising information for profit and information and communication service providers could gain from spam transmission, leading to continuous production of illegal spam.

In particular, illegally sent spam in large quantities has gone beyond mere inconvenience to users and led to secondary crimes such as illegal gambling and loans, causing economic damage to the public and becoming a serious social problem.

The approved revision strengthens the punishment for illegal spam senders from imprisonment of up to one year or a fine of up to 10 million won to imprisonment of up to three years or a fine of up to 30 million won.

Additionally, the fine for telecommunications operators who fail to take necessary measures against illegal spam has been raised from 10 million won to 30 million won.

This legal amendment was passed at the plenary session last December, transferred to the government, and will be enforced six months after the date of promulgation following approval at the Cabinet meeting.

Kim Hong-il, Chairman of the Korea Communications Commission, said, "We will strengthen inspections of illegal spam senders and operators to ensure the revised law is strictly applied," and added, "Furthermore, we will make multifaceted efforts to eradicate illegal spam, including establishing a self-regulatory system for operators in the mass text message sending market."