New Anti-spam Law In Korea

This summary provides a general discussion of the amended Information Network and Privacy Protection Act (“INPPA”) of Korea. INPPA sets out the minimum procedural requirements for lawful online transmissions in Korea whereby transmissions of advertised materials against recipients’ refusal to accept are strictly prohibited. Although these rules are applicable to unsolicited commercial e-mails via the internet, they were intended to apply to all modes of telecommunication such as cellular phones, facsimiles, etc.

The following questions have been addressed in this article:

What kind of information must the sender provide when transmitting commercial e-mails?
What kind of materials would be classified as “adult advertisements” that would require the sender to label the materials as such in the e-mail?
Under what circumstances may the sender be relieved from his duty to label commercial e-mails?
What if the sender fails to honor the recipient’s expressed refusal to accept the commercial e-mails?

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