(1) Even if copyright or other rights protected pursuant to this Act are infringed in relation to any of the following subparagraphs, an online service provider shall not be responsible for such infringement, where he or she meets all of the following requirements in the items pursuant to each subparagraph: <Amended on Jun. 30, 2011; Dec. 2, 2011; Feb. 4, 2020>
1. An act of transmitting, routing or providing connections for works etc. without modifying their contents, or automatic, intermediate or temporary storage of such works etc. in the course thereof within a reasonably necessary period for such transmission:(a) Where an online service provider has not initiate the transmission of works, etc.;(b) Where an online service provider has not selected works, etc. or the recipients thereof;(c) Where an online service provider has adopted and reasonably implemented a policy that provides for termination of the accounts (referring to the accounts with the right to use relevant services, used by an online service provider to identify and manage users; hereafter in this Article and Articles 103-2, 133-2 and 133-3 the same shall apply) of persons who repeatedly infringe on copyright or other rights protected pursuant to this Act;(d) Where the online service provider has accommodated and has not interfered with standard technical measures used by the holder of right that are designed to identify and protect works, etc. and meet the conditions under Presidential Decree;
2. An act of storing works, etc. transmitted at the request of service users in an automatic, mediating or temporary manner so that subsequent users can efficiently access or receive such works, etc.:(a) Where all the requirements under the items of subparagraph 1 are met;(b) Where an online service provider has not modified such works, etc.;(c) If any condition exists to access such works, etc. provided, where the access to temporarily stored works, etc. is permitted to users who have complied with such condition;(d) Where an online service provider has complied with the rules on updating works, etc. that are determined by a person who reproduces or interactively transmits works, etc. (hereinafter referred to as "reproducer or interactive transmitter") under data communications protocol for computers or information and communications networks generally recognized in the industry; provided, this shall not apply where an interactive transmitter or reproducer has determined rules on updating for the purposes of unreasonably restricting such storage;(e) Where an online service provider has not interfered with the use of technologies generally recognized within such industry, which are applied to obtain information on the use of works, etc. at the originating site of the works, etc.;(f) Where an online service provider immediately removed or disabled access to the works etc., when an online service provider is required to suspend reproduction or interactive transmission under Article 103 (1), where such works, etc. are removed or made inaccessible at the original website, or where he or she actually becomes aware of the fact that the court or the head of a central administrative agency has issued an order to delete such works, etc. or make them inaccessible;
3. An act of storing works, etc. in the computer of an online service provider at the request of a reproducer or interactive transmitter or an act of making users aware of the location of works, etc. on the information and communications network through information search tools:(a) Where all the requirements under the items of subparagraph 1 are met;(b) When an online service provider has the right and ability to control the infringing activity, where he or she has not obtained any financial benefit directly attributable to the infringing activity;(c) When an online service provider actually becomes aware of infringement or obtains actual knowledge of the fact or circumstance that infringement is evident through the request, etc. to suspend reproduction or interactive transmission under Article 103 (1), where he or she has immediately suspended the reproduction or interactive transmission of such works, etc.;(d) Where an online service provider has designated and announced a person to receive demand to suspend reproduction or interactive transmission pursuant to Article 103 (4);
4. Deleted; <Feb. 4, 2020>
(2) Notwithstanding the provisions of paragraph (1), where it is technologically impossible for an online service provider to take measures under paragraph (1), he or she shall not be responsible for the infringement of copyright or other rights protected pursuant to this Act due to the reproduction or interactive transmission of works, etc. by other persons. <Amended on Jun. 30, 2011>
(3) In relation to the limitation on liability under paragraph (1), an online service provider shall not be obligated to monitor any infringement within his or her services or actively investigating such infringement. <Added on Jun. 30, 2011>