Location-Based Service Report under Korea's Location Information Act
Filing a location-based service report under Korea's Location Information Act: foreign companies without a Korean entity, apostille, domestic agent and timing.
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Under Korea's Act on the Protection, Use, etc. of Location Information (Location Information Act, 위치정보법), a business that provides a location-based service using personal location information to users in Korea must file a location-based service business report (위치기반서비스사업 신고) with the Korea Media and Communications Commission (KMCC, 방송미디어통신위원회); a foreign corporation can file in its own name without a Korean subsidiary or branch, and the Act does not require a domestic agent (국내대리인). Collecting personal location information and supplying it to other businesses is a different activity — a personal location information business (개인위치정보사업) — which requires registration by a corporation. In practice, a report takes 2 to 4 weeks once documents are complete, or 4 to 8 weeks for foreign corporations including notarization, apostille and translation of home-country documents.
Location-based service business report in Korea — services handled by YouSun Administrative Agency
- Location-based service business report (위치기반서비스사업 신고)
- Post-launch location-based service business reports for small business owners and one-person creative companies (소상공인등의 사후 신고)
- Personal location information business registration (개인위치정보사업 등록)
- Object location information business report (사물위치정보사업 신고)
- Determining whether a report or registration applies, by distinguishing whether you collect or use personal location information (신고·등록 대상 판정)
- Designing administrative and technical location information protection measures and preparing supporting documents (위치정보 보호조치)
- Designating a location information manager and preparing location information handling and management guidelines (위치정보관리책임자 지정)
- Reviewing location-based service terms of service and consent procedures for using personal location information (이용약관·개인위치정보 이용 동의)
- Reports filed in a foreign corporation's name, including notarization, apostille and Korean translation of corporate documents (외국법인 명의 신고)
- Location-based service business change reports, suspension reports and closure reports (변경신고·휴업·폐업 신고)
Who typically engages us
- Korean startups launching apps with maps, nearby search or location-sharing features
- Overseas companies serving location-based apps to users in Korea without a Korean entity
- Delivery, ride-hailing and mobility platforms that use both user and driver locations
- Manufacturers selling location-checking devices and apps for children or older people
- Businesses handling object locations, such as vehicles, logistics or shared e-scooters
Location-based service report at a glance
- Who needs it
- Businesses providing services based on personal location information to users in Korea, including foreign companies with no Korean entity. Services that never process personal location information fall outside the report
- Requirements
- A business plan, main business equipment including the location information system, and administrative and technical location information protection measures (위치정보 보호조치). No report within 1 year of a closure order. Small business owners and one-person creative companies may start first and file a follow-up report within 1 month (소상공인등의 사후 신고)
- Process
- Decide whether a report applies → design protection measures → prepare documents (foreign corporations: notarize, apostille or consular-legalize and translate home-country documents) → file with the Korea Media and Communications Commission (KMCC, 방송미디어통신위원회) → respond to supplement requests → report accepted
- Documents
- Report form, business plan covering the company and the service, documents showing the main equipment and where it is installed, documents proving location information protection measures; foreign corporations add notarized and apostilled corporate documents with Korean translation
- Timeline
- The KMCC accepts the report once it confirms the filing complies with the Act. In practice, 2 to 4 weeks after documents are complete, and 4 to 8 weeks for foreign corporations including home-country document preparation
Foreign companies: what to check first
- You do not need a Korean subsidiary or branch. A foreign corporation can file the report in its own name when it provides a service based on personal location information to users in Korea.
- The Location Information Act (위치정보법) has no domestic agent (국내대리인) requirement. In practice, many foreign companies appoint a local representative to handle filing and supplement requests, and domestic-agent rules under personal data and telecom laws are reviewed separately.
- Home-country corporate documents need notarization plus an apostille (or consular legalization) and a Korean translation. In practice, this takes 1 to 4 weeks depending on the country.
- If you collect personal location information and supply it to other businesses, that is a personal location information business requiring registration (개인위치정보사업 등록), not a report. Decide first whether you collect or only use location data.
- If your app is also a value-added telecom service, the value-added telecommunications business report (부가통신사업 신고) with the Ministry of Science and ICT (MSIT, 과학기술정보통신부) is a separate filing.
From scoping to an accepted report
1. Report or registration?
Providing a service that uses personal location information is a location-based service business and needs a location-based service business report (위치기반서비스사업 신고). Collecting location information and supplying it to location-based service businesses is a location information business: with personal location information it is a personal location information business (개인위치정보사업), which needs registration that only a corporation can obtain.
2. Protection measures
Administrative measures include designating a location information manager (위치정보관리책임자), limiting access rights at each stage, written handling procedures, a log of location data provision and regular internal checks. Technical measures include authentication, firewalls, automatic access logs, security software and encryption.
3. Home-country documents
Foreign corporations prepare corporate registration documents notarized and apostilled, or legalized by a Korean consulate where the Apostille Convention does not apply, with a Korean translation.
4. Terms of service and consent
Before using personal location information, state the operator's contact details, users' rights, the service, and retention basis and periods in the terms of service, and obtain the user's consent.
5. Filing and later changes
File with the Korea Media and Communications Commission (KMCC, 방송미디어통신위원회) and respond to any supplement request. Later changes to the trade name, main office or location information system need a change report, and suspending or closing the business needs notice to users and a report 30 days in advance.
Common situations
Pick the question closest to your case: each one gives the conclusion first, then what changes it, the documents involved and the expected timeline.
We are an overseas app company with users in Korea but no Korean office — can we file the location-based service business report (위치기반서비스사업 신고) ourselves?
Short answer Yes. The report can be filed in the name of the foreign corporation; a Korean subsidiary or branch is not required.
- If your country is a party to the Apostille Convention Have the corporate registration documents notarized and apostilled, then translated into Korean.
- If it is not Have the documents legalized by the Korean embassy or consulate, then translated into Korean.
- If you already have a Korean subsidiary that runs the service The subsidiary can file, and its Korean corporate registry is checked directly.
- Documents
- Report form, business plan, documents on main equipment and installation location, proof of protection measures, legalized corporate documents with Korean translation
- Timeline
- In practice, 4 to 8 weeks for a foreign corporation including document preparation
Do we have to appoint a domestic agent (국내대리인) in Korea to file a location-based service business report?
Short answer No. The Location Information Act (위치정보법) does not require a domestic agent, and an agent appointment is not one of the required filing documents.
- If you want someone in Korea to handle filing and supplement requests You can authorise a local representative such as YouSun Administrative Agency to act for you.
- If you meet the domestic-agent tests in personal data or telecom laws Those duties apply separately and are reviewed alongside the report.
- Documents
- Power of attorney if you authorise a representative (optional)
- Timeline
- No additional statutory period
Our corporate documents are issued overseas — do they need an apostille and a Korean translation?
Short answer Yes. In practice, foreign corporate documents are notarized, apostilled or consular-legalized, and submitted with a Korean translation.
- If your country is a party to the Apostille Convention An apostille from the issuing country's competent authority is used.
- If it is not Legalization by the Korean embassy or consulate is used instead.
- If the documents are in English A Korean translation is still attached.
- Documents
- Certificate of incorporation or registry extract, notarization, apostille or consular legalization, Korean translation
- Timeline
- In practice, 1 to 4 weeks depending on the country
We collect GPS data ourselves and supply it to other apps — is a report enough?
Short answer No. Collecting location information and supplying it to location-based service businesses is a location information business; with personal location information it is a personal location information business (개인위치정보사업) requiring registration with the Korea Media and Communications Commission (KMCC, 방송미디어통신위원회).
- If you collect personal location information and supply it to others Register as a personal location information business; only a corporation can register, and it needs physical facilities and protection measures.
- If you only use location data you obtain from a provider to serve your own users File a location-based service business report.
- If you do both Attaching the report documents to the registration application counts as filing the report.
- Documents
- Registration: application, details of the location information system, technical and administrative measures; report: business plan, equipment documents, proof of protection measures
- Timeline
- Registration is granted after the KMCC reviews the requirements; in practice, allow longer than for a report
We only track vehicles and devices, not people — do we still need to file?
Short answer A location-based service that does not process personal location information is outside the report, but location data that can easily be linked to a specific person counts as personal location information.
- If device or vehicle locations are tied to an identifiable driver or user It is personal location information and the report applies.
- If the data cannot identify any individual, even when combined with other data The service may fall outside the report; we assess the data items and how they can be combined.
- Documents
- Data flow description for classification
- Timeline
- Classification before launch
We are a small startup — can we launch first and file the report later?
Short answer Small business owners and one-person creative companies (소상공인등) can start without a report, but must file a follow-up report within 1 month of starting if they continue.
- If you qualify as a small business owner or one-person creative company File the follow-up report (trade name, main office, business type) within 1 month of starting.
- If you later stop qualifying File the full report within 1 month of that date.
- If you are an overseas company Check whether these Korean-law categories apply to you before relying on them.
- Documents
- Simplified report form; for a full report, business plan, equipment documents and proof of protection measures
- Timeline
- Within 1 month of starting the business
What must our app's terms of service and consent flow include for location data?
Short answer Before using personal location information, you must state the required items in your terms of service and obtain the user's consent.
- If you use location data to provide your own service The terms state your contact details, users' rights, the service, the retention basis and period of usage records, and the purpose and retention period of personal location information.
- If you pass a user's location to a third party they designate Tell the user who receives it and why, get consent, and notify the user each time it is provided (or in batches of up to 30 days with consent).
- Documents
- Location-based service terms of service, consent screens, location information processing policy
- Timeline
- Ready before launch; part of the protection measures reviewed in the report
Our app reads location in the background for one feature — does that make us a location-based service business?
Short answer If your business provides a service that uses personal location information, the report applies regardless of whether location is read in the foreground or background.
- If location is processed together with user identifiers It is personal location information and the report applies.
- If only non-identifying data is processed The feature may fall outside the report; we review the data items before you launch.
- Documents
- Data flow description, list of location data items collected
- Timeline
- Classification before launch
We launched in Korea without filing — what is the legal exposure?
Short answer Operating a location-based service without the report is a criminal offence, so file as soon as possible.
- If you run a location-based service without a report The penalty is up to 3 years' imprisonment or a fine of up to KRW 30 million, and the company can be fined as well.
- If you run a personal location information business without registration The penalty is up to 5 years' imprisonment or a fine of up to KRW 50 million.
- Documents
- Full report documents; for foreign corporations, legalized corporate documents with translation
- Timeline
- File promptly; in practice, 2 to 4 weeks after documents are complete
We are changing servers, moving our main office or closing the Korean service — what do we report?
Short answer Changes to the trade name, main office or location information system require a change report, and suspension or closure requires notice to users and a report 30 days in advance.
- If you change the location information system (for example, servers) File a change report with the changed part of the business plan.
- If you suspend the service Notify users and report 30 days before; suspension cannot exceed 1 year and personal location information is destroyed.
- If you close the service Notify users and report 30 days before, and destroy personal location information and usage records.
- Documents
- Change report form and changed part of the business plan, or suspension or closure report
- Timeline
- Suspension or closure: 30 days in advance
How We Handle It
Consultation
Assessment of service type and applicable obligations
Document Prep
Business plan, equipment documents, proof of protection measures and, for foreign corporations, legalized corporate documents with Korean translation
KMCC Submission
Filing with the Korea Media and Communications Commission
Confirmation
Receipt of notification confirmation and compliance setup
Frequently Asked Questions
Q. What types of services require this notification?
A. Any service that uses personal location information — data showing where a specific person is, alone or when easily combined with other data — such as delivery, navigation, ride-hailing and family-locator services. A service that only processes the location of objects with no link to an individual falls outside the report.
Q. Can foreign companies file this notification?
A. Yes. A foreign corporation can file in its own name without a Korean branch or subsidiary, and the Location Information Act does not require a domestic agent. Home-country corporate documents are notarized, apostilled (or consular-legalized) and translated into Korean.
Q. How long does the notification process take?
A. In practice, 2 to 4 weeks once documents are complete, or 4 to 8 weeks for foreign corporations including home-country document preparation. The KMCC accepts the report once it confirms the filing complies with the Act.
Q. Are there ongoing compliance obligations?
A. Yes. Operators maintain administrative and technical protection measures (including designating a location information manager, limiting access rights and running regular internal checks), keep automatic records of location data collection, use and provision, obtain user consent under published terms of service, and file change reports for the trade name, main office or location information system.
Q. What are the penalties for non-compliance?
A. Operating a location-based service without filing the report is a criminal offence punishable by up to 3 years' imprisonment or a fine of up to KRW 30 million, and the company can be fined as well. Running a location information business without registration carries up to 5 years' imprisonment or a fine of up to KRW 50 million.
Location-based service report: key terms explained
- Location Information Act (위치정보법)
- The short name of the Act on the Protection, Use, etc. of Location Information (위치정보의 보호 및 이용 등에 관한 법률), which governs registration and reports for location information businesses, reports for location-based service businesses and duties to protect personal location information.
- personal location information (개인위치정보)
- Location information about a specific individual, including information that cannot identify the person on its own but can easily be combined with other information to reveal a specific individual's location.
- location-based service business (위치기반서비스사업)
- A business providing services that use location information; where it involves personal location information, a location-based service business report is filed with the Korea Media and Communications Commission (방송미디어통신위원회).
- personal location information business (개인위치정보사업)
- A business that collects personal location information and supplies it to location-based service businesses; it requires registration with the Korea Media and Communications Commission rather than a report.
- object location information business (사물위치정보사업)
- A location information business that does not involve personal location information (collecting and supplying only the locations of objects such as vehicles and goods), reported to the Korea Media and Communications Commission.
- post-launch report for small business owners (소상공인등의 사후 신고)
- A special rule that allows small business owners and one-person creative companies running a location-based service business to file the report within 1 month after starting the business.
- location information protection measures (위치정보 보호조치)
- Administrative measures (designating persons with access rights, handling and management guidelines, internal checks) and technical measures (access control, retention of access records, encryption and others) to prevent location information from being leaked, altered or damaged.
- location information manager (위치정보관리책임자)
- The person responsible for location information protection whom location information businesses and others designate as one of the administrative protection measures.
- apostille (아포스티유)
- A certificate attached by a competent authority of the issuing country so that a foreign public document can be used in another Convention member country without consular legalization; it is prepared together with notarization and translation when a foreign corporation submits its registration documents to a Korean authority.
Our office
YouSun Administrative Agency
YouSun Administrative Agency is a licensed administrative agent office (행정사사무소) on Toegye-ro in Jung-gu, Seoul. We prepare and file permit, registration and report applications with Korean government agencies on behalf of clients, in Korean, English, Chinese and Japanese.
- Address
- 3F Seongwoo Bldg, 324 Toegye-ro, Jung-gu, Seoul 04614, Korea
- Phone
- +82-2-325-8222
- Hours
- Mon–Fri 09:30–17:30 (KST), closed weekends and public holidays
- Languages
- Korean · English · Chinese · Japanese