Hello, I am Lee Jin-kyu, in charge of illegal spam operations at the Korea Communications Commission Broadcasting Office. Recently, due to the current COVID-19 situation, it's a bit regrettable that we cannot conduct face-to-face education. It would be more efficient to communicate and educate each other in person on-site. However, given the current situation, I feel a bit disappointed. I will make efforts to deliver the content of the survey more effectively and to convey it to the attendees in a practical manner. Before proceeding with the formal education, I will briefly talk about the actual text messages or voice spams that have been sent recently. I want to emphasize that sending messages in this manner is not appropriate. What you see on the screen is actually related to stock issues. Last year, there were these kinds of text messages sent, like around 5600...

I heard that they went to the original place a month ago, but recently it was delisted. Also, there are a lot of texts being sent below. The ones marked in red on the right are issues of obscenity. Sending such texts to minors is subject to criminal punishment, so please keep that in mind. Fourth, among the spam messages, there are many loan offers. In fact, this issue is not typically from financial companies but from loan sharks or loan companies misusing the name of banks to send messages. In these cases, they are also subject to criminal punishment. Similarly, the ones marked in red with mosaic are related to the recent trend of FX margin trading, which has recently been judged as gambling. Sending such messages is also not allowed.

You should ignore it, and those who receive it should ignore it as well. Engaging in gambling activities is something that everyone knows will lead to criminal punishment. I have been talking about the content related to text spam so far. Now, let's listen to the content about voice spam. Hello, this is the beginning. Are you being disturbed by unwanted calls? We support raising funds up to 10 times interest-free, like a syrup. Responsibility lies with you. You have probably received many calls like this. The current voice is related to stocks. Similar to this, interns are making a lot of advertisements for mobile phones. Automatically generating phone numbers and sending them randomly like this is a violation of Article 50-5 of the Information and Communication Network Act. Now, let's proceed with the formal training.

This is about the illegal spam investigation and administrative procedures and cases. As I mentioned today, the cases are shown next to me. Illegal spam, punishment, investigation procedures, and administrative sanctions are the topics. Lastly, the content and statistics of those punished for illegal spam. First of all, the concept of illegal spam. As you may know, it refers to profit-oriented advertising information unilaterally transmitted through information and communication networks without the recipient's consent. Naturally, such advertising, whether on paper or online, is called spam. Related to this, violating Article 50, Section 8 of the Information and Communication Network Act by transmitting or posting profit-oriented advertising information can lead to criminal penalties and fines for each violation. I will now explain the detailed contents regarding this. Firstly, the punishment and procedures related to spam. We at the Korea Communications Commission have established an office called the Office

There is an organization that specializes in operating buses, so they directly handle criminal penalties and administrative sanctions. They conduct investigations on violations of illegal spam based on the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and often refer cases to the prosecution. In such cases, the criminal penalties apply, which include imprisonment for up to one year or a fine of up to 10 million won. As for administrative sanctions, it is regulated under Article 76 of the Information and Communications Network Act, with fines of up to 30 million won. Detailed information on fines of up to 30 million won will be explained later. Also, as mentioned earlier, the Korea Communications Commission is not under the Ministry of Science and ICT but is divided into four offices in Seoul, Busan, Gwangju, and Daejeon. The procedures for punishing illegal spam will be explained further. If you look at it, reports are first received by the Korea Internet & Security Agency through various methods.

If a report is made through a route such as page 128, we assign a responsible person and conduct an initial investigation to confirm whether there is a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection. If a violation is confirmed, the case is passed down to our broadcasting and telecommunications office. Depending on the nature of the violation, it may become a subject of investigation or administrative sanctions. Of course, besides investigating through the Korea Internet & Security Agency, we often initiate actions by ourselves based on our own awareness and through information exchange with related agencies. First, I will explain the procedure for investigating spam. As mentioned earlier, there are cases where external parties provide us with information from the Korea Internet & Security Agency, and we also conduct investigations internally. After conducting a voluntary investigation, if necessary, we proceed with the investigation, including the execution of search and seizure warrants.

In the fourth session, we investigate the crime, prove the violation, and finally achieve it at the relevant prosecutor's office. Here are the detailed contents. Of course, I will provide a detailed explanation with examples at some point, but first, let me talk about the clause. It is Article 450, Subsection 4. Using electronic communication media to transmit commercial advertising information for profit, the person must not take any of the measures listed below. If you see it on the guidance page, it's on page 29. The first item is about avoiding or obstructing the recipient's refusal or consent to receive advertising information. You may have received this kind of information. For example, gambling messages come with images of fruits or things like that to bypass blocking measures. Also, falsely indicating the contact information for refusal to receive can lead to criminal prosecution.

The subject is the reason why we need to combine numbers, letters, etc. to automatically generate the contact information of the recipient such as phone numbers and email addresses. In fact, this is where the most violations occur in Article 50. The violation lies in the fact that contact information is now generated randomly, and this must be verified. Probably those who send it know how the phone numbers are generated, so they send it like this. Many people engage in such behaviors. In fact, this can lead to criminal punishment, and we can sufficiently prove this in practice. We will explain this in detail again on the next page. This is item 3. Automatically registering phone numbers or email addresses for the purpose of sending commercial advertising information for profit using a specific program, obtaining phone numbers or email addresses from the internet or storage media and automatically...

The devices that collect data have been increasing the amount of information reported, especially targeting bloggers. Such actions are considered illegal, and it can lead to criminal punishment. It includes various measures to hide the origin of advertising information or the sender of the advertisement. One typical example is now the use of spoofing, where a communication service opened under someone else's name and used after receiving money is a clear violation. It also violates another law, the Telecommunications Business Act. Next is the inducement of recipients to respond by deceiving them for the purpose of transmitting commercial information for profit. You may not have noticed, but now there are warnings. For example, the phone rings, but when you answer, they immediately hang up without stating their purpose, or they hang up right after you pick up without saying anything. Recently, this method has been widely used in adult content as well.

So, this also becomes subject to criminal punishment. Now, let's look at a different clause, Article 50-8. Anyone should not transmit advertising information for goods or services prohibited by other laws through the use of information and communication networks. In the content here, it includes services that are controlled or prohibited by other laws such as gambling, illegal loans, pharmaceuticals, and prostitution. In such cases, if you advertise through an information and communication network, you will also be subject to criminal punishment. From the next part on, I will provide examples. For example, there was a case where an actual investigation became the subject of investigation. For example, it was actually referred to the prosecution. In the first case, as you can see in the content, it was about impersonating a savings bank. In general, the phone numbers were automatically generated, and it violated the Money Lending Business Act, Article 50-8, and other laws, so it was all detailed. The second one is related to stock trading.

This is a generated phone call, opposing the content of Article 50, Paragraph 5 of the Information and Communication Network Act. Do you see the first and second cases? If you look, there is something written as Trebi on the channel, which is actually a trap system operated by the Korea Internet Promotion Agency. If the phone numbers were randomly generated or created with numbers that are not actually in use, it will be recorded or saved in the system. Through this, we can use it as sufficient evidence when we need to request a warrant later. As I mentioned earlier, because the act of automatically generating phone numbers can be proven as our usual practice, please be aware not to be punished for such actions. In the fourth case, as you can see, stock-related uppercase letters are not allowed. Upon our investigation, we found that there are third-party phone numbers in this advertisement phone number.

The act of violating the Information and Communication Network Act Article 450, Clause 5 by sending a disguised source of the so-called cannon phone number to hide the source of the transfer is a violation. Next, it continues with the investigation-related content. Now, similarly, regarding the investigation, the content that was installed is... If you look at the first message content, but as you know, in order to avoid being filtered, they transformed the text by giving it in the form of prostitution, Russia, and so on, and sent it as text. When we checked, we found that there was prostitution related to obscene materials at such establishments, so we caught and achieved success. The relevant law is Article 50, Clause 8. It would be a violation of the Anti-Prostitution Act and other laws. Next, as mentioned earlier, FX margin trading was sentenced as gambling in criminal law. Only advertising for services prohibited by other laws was punished for violating Article 178 of another law.

Finally, now about pornography. Such services should not be sent to minors or teenagers. Through the Information and Communication Network Act, there was a case that was transferred to the prosecution for violating Article 50, Section 8. Next, I will talk about the illegal spam administrative disposition. There are various contents transmitted on the internet. As mentioned earlier, if it is reported to the Korea Internet & Security Agency, a general investigation is conducted. If it is confirmed to be related to overseas travel, a fine and additional disposition are requested. Then, administrative disposition is carried out by regional offices, including Seoul, around the world. When violations are confirmed, administrative procedures such as submitting opinions are followed according to the law. The detailed contents of administrative disposition can be complex.

I will explain quickly because I will speak as a legal counsel. Using electronic communication methods to transmit commercial advertising information requires consent from the recipient. This is a basic requirement. When advertising through any system, obtaining prior consent is essential. Some people may have misconceptions about exceptions. For example, if an employee, A, collects contact information at company A and then moves to company B, they cannot use the same information within 6 months. Some may think it is allowed, but this is incorrect. The consent obtained initially from company A must be used by company A, regardless of whether the person changes jobs or engages in other business activities.

4. This is a story. If the recipient indicates a refusal to receive or withdraws prior consent, it is not possible to send advertising information. Just because you agreed once, it is wrong to continue sending spam messages without any limitations. This is because consent can be withdrawn. Now, moving on to preferences and tastes, I will explain directly. In Article 7, there is a requirement to inform promptly of the processing results once consent has been given. Most people are not aware of this, but those watching this video are probably small business owners or individuals advertising for small businesses. Regarding illegal activities, if you receive a request like do not send me texts related to forest law violations or any other request, you must inform the processing results within 14 days. Whenever you refuse to receive, you should inform the processing results. Not many people include such content in their advertisements.

If you are asked to do something, it may be a bit unfair, but you must respond. This is to avoid fines. Article 50 states that from 9 p.m. to 8 a.m. the next day, advertising transmission is prohibited. This applies to designated drivers or those operating at night. Many people comply, but due to the time being somewhat ambiguous, I will emphasize the requirements again through examples in the following section. Next is Article 6. It says that the sender of advertising information must take measures so that the recipient is not burdened with telephone charges when refusing or withdrawing consent. If the recipient withdraws consent, it must be done free of charge. It must be clearly indicated as free, not like using only 080.

There are many cases where people are fined for violating the law even now, so it's quite unfair. Therefore, the disposal of carts is subject to a fine of less than 30 million won. It's quite a significant amount, but in fact, there are many contents that can be easily recognized, even if it's through our guidebook at least a hundred times. So, rather than thinking it's a little, I hope you can take a closer look at it one more time. Since someone's field is a bit big, the next step is blue. It is stated that those who have agreed to receive must regularly confirm their agreement. As mentioned earlier, seeing it once doesn't mean you can use it for decades. You need to agree every four days. Whether on the surface or not, you just need to confirm that it is not about changing the system according to the situation. For the recipient, they need to confirm when they agreed to receive advertisements from us.

I'm doing a lot of bowing like this, four times. Next is related to Article 50. Since this is about information and communication service providers, it may not be the same as four. Let's move on to Article 50. And because it seems to be the same content again, let's talk about Paragraphs 1 and 2 of Article 50-7. Anyone who wants to post commercial advertising information on a website needs to get prior consent from the operator or administrator. Regarding this content, as you may know, it's not about accessing a general bulletin board with projection or login modifications. It's about not posting advertisements on a specific board without the consent of the operator or any administrator. Yes, I will explain further using examples starting from the next part. This is a message that was sent in November 2018, so I can provide a more appropriate explanation.

I posted the content because there was something, and if you look at the report, you will roughly know what it is. I've written everything I wanted to say. It was quite long, probably related to an academy. At that time, it seems that assistance was also received. What violations are there? They did not comply with the obligation to mark it as an advertisement, and the sender's name and contact information are not included. Also, there is no indication of refusal of receipt or free service. Please consider the precautions of the Information and Communication Network Act in general. So, even though consent is likely to have an existing transactional relationship, if the formalities are not followed, it will be subject to fines. You must remember this. Will you be able to understand the content if you look at it? You may understand that it is about substitute driving, but it may not be easy to understand what the problem is. This is for your information. If you look, it is at 09:04, 9:01, 09:06.

Now, it's not really important that the system errors occur late, as the recipient's reception time is the standard. Even if one message arrives late, if it is reported as spam, it is clearly a violation. Administrative sanctions will be imposed. You need to be very careful. What is the problem? Can you see it? It may not be easy to find. First of all, as I mentioned earlier, it is essential to have prior consent to send text spam. Assuming that prior consent has been obtained, I will explain the content. If you look at the content, it indicates advertising. As I mentioned earlier, according to Article 50, you must follow this format. Now, you need to insert an advertisement in the text. These are the things that actually result in administrative sanctions. In fact, this may not have been intentional but rather a mistake. Regardless of which side you are on, you need to add a different type of bracket.

There is a very small mistake, but this is intended to apply filters to advertisements, including this Soba, for people who do not want to receive spam in order to not receive any advertisements. However, if you start using it in a non-standard way like this, spam will be sent to people who do not want to receive spam, so you need to be very careful about this. In fact, when it is sent like this, even if it is similar, it is considered as spam. Therefore, I emphasize again the fourth point. Next, we have the process of handling illegal spam complaints. If the violation of the Network Act is confirmed after checking the contents of the pre-notification and opinions, according to the Order Law, we have a submission period of more than 10 days. If there are significant reasons, of course, administrative sanctions may not be imposed, but if not, we will impose fines. We will inform the parties in writing about the details, including the general content or amount.

If you receive this written notification and disagree with the administrative disposition, you can raise an objection. The objection must be made within 60 days from the date of receiving the written notification. When an objection is raised, the details will be notified to the relevant court, and a judgment will be made accordingly. During the prior notification or opinion submission period, if you acknowledge your violation and proceed with voluntary payment, the penalty may be reduced by up to 20%. After that, the administrative procedure will be concluded. The most crucial point is the amount regarding the penalty. Once the opinion submission process is completed, if the fact of illegal spam transmission is confirmed, a similar penalty will be imposed on the violator. Looking at this, some people are charged a significant amount, up to 30 million KRW, for violating three times. The penalty for future violations is generally 1.5 million KRW, based on the standards of previous administrative dispositions within the last three years.

When requesting a disposition immediately before the hearing, if there are any records received within 3 years other than the initial one or if there are records of dispositions received, it will be added to those disposition records, and it will become a general life other than a general life. If the violation occurs more than 3 times, such as 4 times, 5 times, or 6 times, it will be the same as three times, and the amount will be the same as 30 million KRW. As I mentioned earlier, the objection is submitted in writing and will be reviewed by the competent court. But now, this is the last part. In fact, the main purpose of providing education like this can be considered. It is the statistics of prosecution referrals and administrative dispositions. In our office, about 1,000 administrative notebooks are processed each year, and about 100 books are prosecuted, although it has decreased slightly now. Offenders are praised and punished, and this is how they actually receive punishment. As you can see from the violation contents of the prosecution referral, it includes illegal lending, gambling, and lewd acts.

The guitar, as mentioned earlier, automatically generates a closed account or phone number using the cannon. The content of my administrative disposal includes various items such as real estate, stock, designated driving, education, internet, and other extensive areas. As mentioned before, it can range from 30 million won to as low as 7.5 million won, so please keep this in mind. It would be very helpful for your business or promotional activities. If there are any legal regulations or content you are not familiar with through video lectures, please contact the Korea Internet & Security Agency, Broadcasting and Telecommunications Office, and we will provide information to the best of our knowledge. Then, regarding information and communication-related administrative dispositions, could you provide an example?

I will conclude the explanation about the case. Thank you.

[KISA] 불법스팸 수사 및 행정처분 절차 및 사례

[KISA] 불법스팸 수사 및 행정처분 절차 및 사례