Meaning
Statutory provisions within the Korean Radio Waves Act define the legal grounds for penalties regarding uncertified radio equipment. This article 90 specifies the maximum prison sentences and financial liabilities for entities that manufacture or import devices without a valid conformity mark. It functions as the ultimate legal authority for the enforcement of spectrum management policies.
Statutory Enforcement
Judicial interpretation of the clause focuses on the intent of the distributor and the potential for radio interference. Prosecution under article 90 usually follows a formal investigation by the National Radio Research Agency. The law applies to both the corporate entity and the individuals responsible for the compliance documentation.
Violation Scope
Equipment that operates outside of assigned frequency bands or exceeds permitted power levels falls under this provision. A violation occurs at the moment the hardware is offered for sale or connected to the public network. Because article 90 covers a wide range of hardware types, the severity of the legal response depends on whether the device disrupts critical emergency communications or public safety signals.
Remedial Action
Corrective measures required by the court often include the mandatory destruction of the non compliant inventory. Importers must provide evidence that the offending products have been removed from the supply chain. The application of article 90 terminates the right of the company to apply for new equipment approvals for a specified period.
