Republic of Korea: Presidential Decree No. 35674 amending the Enforcement Decree of the Communications Secrets Protection Act enters into force

On 1 August 2025, the Presidential Decree No. 35674 partially amending the Enforcement Decree of the Communications Secrets Protection Act enters into force. The amendment was adopted pursuant to the revision of the Communications Secrets Protection Act (Act No. 20735, promulgated on 31 January 2025, effective 1 August 2025), which elevated the grounds and procedures for the revocation of wiretapping equipment approval from presidential decree to statutory law. Under Article 21 of the Enforcement Decree and Article 13, paragraphs 3 and 4 of the Act, prosecutors or judicial police officers may request the provision of communication fact confirmation data from telecommunications business operators by submitting a written application approved by the chief prosecutor of the competent district public prosecutor’s office. In urgent circumstances, requests may be submitted by facsimile or equivalent means, followed by formal approval without delay. Article 21-2 of the Enforcement Decree obliges telecommunications service providers to report the status of data provision to the Minister of Information and Communication within 30 days after the end of each half-year. Article 21-3 requires statistical reporting on the number of communication restriction measures approved, implemented, and notified, and authorises the Minister of Information and Communication to request compliance data from agencies entrusted with or cooperating in the execution of such measures. Article 15-2 of the Enforcement Decree requires that copies of permits or emergency reports related to communication-restricting measures contain execution details and be retained for three years. Article 41-2, introduced by Presidential Decree No. 34724 of 23 July 2024, establishes a compulsory compliance fine of KRW 5 million for failure to comply with data provision obligations, with a minimum ten-day period allowed for the expression of views. Article 24, as amended, requires any person whose wiretapping equipment approval has been revoked under Article 10, paragraph 5 of the Act to return the corresponding approval certificate to the Minister of Science and ICT without delay.