(1) If any person intends to transmit advertising information for profit-making purpose by using an electronic transmission medium, he or she shall obtain express prior consent from an addressee of such information; provided, he or she need not obtain prior consent in any of the following cases: <Amended on Mar. 22, 2016; Jun. 9, 2020>
1. Where a person who has directly collected contact details from the addressee in his or her dealings of goods, etc. intends to transmit advertising information for profit-making purpose on the same kinds of goods, etc. as those he or she manages and has dealt with the addressee within a period prescribed by Presidential Decree;
2. Where a telemarketer under the Act on Door-to-Door Sales informs prospective customers of the collection source of their personal information by voice, and solicits them to buy products or services by means of a telephone call.
(2) Notwithstanding paragraph (1), where an addressee expresses his or her intention to refuse to receive information or revokes his or her prior consent, no person who intends to transmit advertising information for profit-making purpose by using an electronic transmission medium shall transmit advertising information for profit-making purpose.
(3) Notwithstanding paragraph (1), a person who intends to transmit advertising information for profit-making purpose by using an electronic transmission medium during the time between 9:00 pm and 8:00 am of the following day shall obtain express prior consent from the addressee of such information; provided, the forgoing shall not apply to media prescribed by Presidential Decree.
(4) A person who transmits advertising information for profit-making purpose by using an electronic transmission medium shall specify the following matters in advertising information, as prescribed by Presidential Decree:
1. The name and contact details of a sender;
2. Matters regarding measures and methods by which an addressee can readily express his or her intention to refuse to receive information or to revoke his or her consent to receive information.
(5) A person who transmits advertising information for profit-making purpose by using an electronic transmission medium shall not engage in any of the following acts: <Amended on Jan. 23, 2024>
1. Act of evading or preventing addressees from opting out or withdrawing their consent to receive advertising information;
2. Act of automatically generating an addressee's contact information, such as a telephone number and e-mail address, using a combination of numbers, symbols, or letters;
3. Act of automatically registering a telephone number or e-mail address for the purpose of transmitting advertising information for profit-making purpose;
4. Various acts to conceal the identity of the sender of advertising information or the source of the transmission of the advertisement;
5. Various acts to deceive an addressee into responding for the purpose of transmitting advertising information for profit-making purpose.
(6) A person who transmits advertising information for profit-making purpose by using an electronic transmission medium shall take necessary measures so that an addressee does not incur any cost, such as telephone charges, when the addressee refuses to receive or revokes his or her consent to receive such information, as prescribed by Presidential Decree.
(7) A person who intends to transmit advertising information for profit-making purpose using an electronic transmission medium shall, when an addressee expresses his or her intention to consent to the receipt of such information under paragraphs (1) and (3) refuse to receive, or revoke his or her consent to receive, advertising information under paragraph (2), inform the relevant addressee of the outcomes of measures taken in relation to consent to receive, refusal to receive, or revocation of consent to receive, advertising information, as prescribed by Presidential Decree. <Amended on Jan. 23, 2024>
(8) A person who obtains consent to receive advertising information pursuant to paragraph (1) or (3) shall regularly verify whether an addressee of advertising information consents to receive such information, as prescribed by Presidential Decree.[This Article Wholly Amended on May 28, 2014]