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Act on the Protection and Use of Location Information — Article 7 (Acquisition of location information business or merger of corporations)

위치정보의 보호 및 이용 등에 관한 법률 제7조

(1) A person that intends to acquire all or part of the business of a personal location information provider, or to merge or split off an incorporated location information provider (including split-off and merger; hereinafter the same shall apply) shall obtain authorization from the Korea Media and Communications Commission, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Apr. 17, 2018; Oct. 1, 2025>

(2) The Korea Media and Communications Commission shall comprehensively examine the following matters before granting authorization under paragraph (1): <Added on Feb. 3, 2015; Oct. 1, 2025>

1. Adequacy of financial and technical capacities and capability to manage business;

2. Impact on protecting subjects of personal location information and location-based service providers;

3. Impact on public interests, including the efficiency in using personal location information for emergency rescue and in research and development for protecting personal location information.

(3) Upon receiving an application for authorization under paragraph (1), the Korea Media and Communications Commission shall grant authorization, except in any of the following cases: <Added on Feb. 3, 2015; Apr. 17, 2018; Oct. 19, 2021; Oct. 1, 2025>

1. Where the application fails to pass the examination under paragraph (2);

2. Where the applicant is not a corporation;

3. Where an executive officer of the applicant corporation falls under any subparagraph of Article 6 (1);

4. Where 3 years have not passed since the applicant corporation’s registration was revoked or it was ordered to discontinue business operations under Article 13 (1);

5. Where the application contravenes any restriction under this Act or any other statute.

(4) Where all or part of the business of an object location information provider is transferred or inherited; or where an incorporated object location information provider is merged or split off, the transferee or inheritor of the business or the corporation incorporated by the merger or split-off or the corporation surviving the merger or split-off shall report such acquisition, inheritance, merger or split-off to the Korea Media and Communications Commission, as prescribed by Presidential Decree. <Added on Apr. 17, 2018; Oct. 1, 2025>

(5) Upon receiving a report under paragraph (4), the Korea Media and Communications Commission shall review and accept the report if it meets the requirements of this Act. <Added on Apr. 17, 2018; Oct. 1, 2025>

(6) A transferee authorized under paragraph (1), a transferee or inheritor who filed a report under paragraph (4), a corporation incorporated by a merger or split-off, or a corporation surviving a merger or split-off shall succeed to the status of the transferor, the decedent, or the incorporated location information provider existing prior to the merger or split-off, respectively. <Amended on Feb. 3, 2015; Apr. 17, 2018>

(7) Matters regarding the methods, procedures, etc. for filing an application for authorization under paragraph (1); detailed guidelines for examining each item under paragraph (2); and the methods, procedures, etc. for filing a report under paragraph (4), shall be prescribed by Presidential Decree. <Added on Feb. 3, 2015; Apr. 17, 2018>

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