Contents
- Three items require a change report
- When, where and what to submit
- Succession report for transfers and mergers
- FAQ
An operator that has filed a location-based service (LBS) business report must file a change report with the Broadcasting Media Communications Commission (방송미디어통신위원회) before changing its trade name, principal office address or location information system. Under the Act on the Protection, Use, etc. of Location Information, an LBS business is subject to a report (notification), while a location information business handling personal location information is subject to registration. This article covers only change and succession reports for LBS operators. For the initial filing, see our LBS business notification guide; for the difference between the two regimes, see location information business vs. LBS notification.
Three items require a change report
The Act lists three items: the trade name, the principal office address and the location information system. A location information system is the combined hardware, software, databases and personnel used to collect, store, analyse, use and provide location data, so a server replacement or a change in how location data is processed can fall under it. The representative and the type of business are not on the list. Still, if the business plan you submitted changes substantially, it is safer to check with the competent office first.
| Item | Standard reporter | Small business operator |
|---|---|---|
| Items to report | Trade name, office address, location information system | Trade name, office address |
| Timing | When you intend to change (before the change) | Within 1 month from the change |
| Handling | Name and address: received; system: reviewed and accepted | Submit the form or enter it in the designated system |
| If not reported | System: criminal penalty; name and address: administrative fine | Administrative fine |
Small business operators here are small businesses defined by law that started without a report and then reported within 1 month of starting. If you no longer qualify, you must supplement the standard report within 1 month from that date.
When, where and what to submit
Standard reporters must file "when they intend to change", so prepare the change report while scheduling a name change or server migration. A location information system change requires acceptance, so leave time. The authority is the Commission, and the power to accept reports and receive change reports is delegated to the heads of its regional Broadcasting Media Communications Offices.
- Identify which item changes: trade name, address or location information system.
- Complete the LBS business change report form (electronic filing allowed).
- If servers or other main equipment change, attach the changed part of the business plan.
- Attach other documents that confirm the change.
- The corporate register or business registration certificate is checked through shared administrative data; if you do not consent, attach it yourself.
If your terms of use include the trade name or contact details, you must also publish the reason and content of the change without delay.
Succession report for transfers and mergers
When all or part of an LBS business is transferred or inherited, or a reporting corporation merges or splits, the transferee, heir or surviving or newly established corporation must report to the Commission. Once accepted, it succeeds to the former operator's status. Failure to report is subject to an administrative fine.
- Transfer: copy of the transfer agreement and the changed part of the business plan
- Inheritance: document proving heirship
- Merger or split: copy of the merger agreement or split plan and the changed part of the business plan
The successor must notify personal location information subjects within 30 days of the transfer and the successor's contact details, by letter, email or similar means, and also post the notice on its website for at least 30 days. For suspension and closure reports, see our LBS business notification service.
FAQ
Q. Do we need a change report if only the CEO changes?
A. The Act lists the trade name, office address and location information system; the representative is not on the list. Because the operator profile in the business plan changes, it is still wise to confirm with the competent office.
Q. Is moving to a different cloud server a system change?
A. If servers or other main equipment that process location data change, it can be a location information system change. File in advance with the changed part of the business plan and wait for acceptance.
Q. Do services that do not handle personal location information need a report?
A. The Act excludes LBS businesses that do not target personal location information from the report requirement, but some duties, such as technical and managerial safeguards, still apply.
Q. We acquired a company. Do we file a new report?
A. For a business transfer or merger, you file a transfer or merger report rather than a new one, and you succeed to the former operator's status once it is accepted.
Help with change and succession reports
If you are planning a name, address or server change or an acquisition and need to know which report applies, contact Yuseon Administrative Scrivener Office. Phone 02-363-2251, weekdays 09:30~17:30 KST.
Request a consultation