South Korea's Broadcasting Media Commission Enacts New Adjudication and Mediation Notice

The Broadcasting, Media and Communications Commission has enacted a new notice setting out its adjudication and mediation procedures for disputes between telecommunications operators, published in the Republic of Korea Official Gazette (Gwanbo) No. 21319 of 10 September 2026. Issued as Broadcasting, Media and Communications Commission Notice No. 2026-26, the notice takes effect on the day of its promulgation.

The notice is grounded in Article 47(2) of the Telecommunications Business Act and lays down the detailed rules for the commission’s adjudication (재정) and mediation (알선) of disputes between telecommunications operators. It repeals the former Korea Communications Commission regulation on adjudication and mediation and updates the cross-reference in the work-processing rules on prohibited acts in broadcasting and telecommunications business.

Legal basis and scope

The notice defines the purpose, the good-faith principle, and the representation rules that govern all proceedings. Parties may appoint as representatives their spouse, direct relatives, siblings, corporate officers, or lawyers, with the chair’s permission required for non-lawyer representatives.

Adjudication procedure

Applications for adjudication are filed under Article 45(1) of the Telecommunications Business Act using the prescribed form, submitted by post, in person, fax, or e-mail. The commission must render a decision within 90 days of receipt, extendable once by up to 90 days by resolution of the commission.

• Parties are given 10 days to submit opinions; interested third parties are notified 10 days in advance.
• Attendance hearings require 7 days’ notice.
• The commission may appoint expert appraisers and conduct on-site fact-finding with party consent.
• Decisions are adopted by a majority of sitting members; a decision becomes binding as a settlement if no suit is filed within 60 days of service.

Mediation track

The commission may constitute a mediation subcommittee when parties seek autonomous resolution or when damages of 10 million won or less require swift resolution. The subcommittee comprises up to seven experts in telecommunications, law, and consumer protection, chaired by the Director of the Broadcasting and Communications User Policy Bureau.

• Mediation must be concluded within 30 days of the subcommittee’s formation.
• If mediation fails or is refused, the commission resumes the adjudication procedure.
• Members may receive allowances and expenses within the budget.

Entry into force

The notice takes effect on the day of promulgation, repealing the former Korea Communications Commission regulation and amending the work-processing rules on prohibited acts. It will be re-examined every three years from 1 January 2027.

The new notice consolidates the dispute-resolution framework for Korea’s telecommunications sector under the renamed commission, giving operators a clearer, time-bound path to adjudication and mediation. For consumers and businesses, it establishes the procedural baseline that will govern how telecom disputes are resolved going forward.

Source: Republic of Korea Official Gazette (Gwanbo), No. 21319, 10 September 2026, Section I (official reference: Broadcasting, Media and Communications Commission Notice No. 2026-26).