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As e-commerce develops further, more and more email messages with unsolicited messages are unilaterally sent to random users (spam mail). As spam mail prevails, the privacy of people is severely infringed upon, and obscene adult spam mail has an adverse effect on the well -being of teenagers. Since a number of public complaints have been raised from foreign countries such as the USA regarding spam mail from Korea, the national image may further be damaged.
In order to protect its customers from the harmful effects of spam mail and cultivate a sound Internet culture, Hanaro Telecom presents minimum guidelines for spam mail prevention which senders of e-mail ads for profit, e-mail service providers, web site operators and e-mail users should comply with. These guidelines are based on anti-spam mail policies and terms of service for e-mail service providers, as well as related laws and regulations such as the "Act on Protection of Information and Promotion of Information Telecommunication Network". |
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Spam mail refers to any unsolicited advertisement e-mail message that a recipient receives without having requested it.
- The following are types of spam mail that Hanaro Telecom regards as spam mail |
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| [Types of Spam Mail] |
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Email that fails to comply with transmission format standards of advertisement e-mail. |
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Advertisement email for adult goods or obscene sites, advertisement email for illegal software copies. |
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Email sent for the purpose of attempting hacking, the spreading of viruses or decline in system performance. |
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Email that causes fear or anxiety, or that damages a party's reputation or email that contains threatening messages. |
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Email that is sent to an unspecified number of people after extracting email addresses from bulletin boards or newsgroups. |
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Email that introduces a site for money making, fraudulent multi-level marketing, or chain letters, including mail bombs Other Spam Mail. |
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If posting spam on a bulletin board or registering a subject heading contrary to the purpose of the bulletin board. |
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If sending an unsolicited message to a recipient through various kinds of chatting programs (MSN Messenger, ICQ, etc) |
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If causing damage to users or a company due to other reasons. |
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Spam mail refers to any unsolicited advertisement e-mail message that a recipient receives without having requested it. |
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Indicate "(Advertisement)" or "(Adult Advertisement)" in the subject field of the e-mail in accordance with Article 11 of the Enforcement Regulation of Act on Protection of Information and Promotion of Information Telecommunication Network. |
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"(Advertisement)" or "(Adult Advertisement)" should be expressed in Korean in the first part of the subject field for advertisement e-mail without entering blanks, other symbols or letters. |
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"(Advertisement)" or "(Adult Advertisement)" should be entered in a combination of symbols and letters included on the computer keyboard. |
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Prohibit technical tricks that manipulate sentences for the purpose of avoiding the filtering function of e-mail sending and receiving programs. |
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"(Advertisement)" should be indicated in the subject field of advertisement e-mail. If it falls under the standards of indicating "(Adult Advertisement)", "(Adult Advertisement)" should be used instead of "(Advertisement)". |
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"(Adult Advertisement)" should be also marked if the text of advertisement e-mail contains symbols, letters, images or sound formats which are harmful to teenagers (including cases which the recipient can easily identify the contents using technical manipulation such as links, even if they are not directly expressed in the subject field of the e-mail message), or if e-mail introduces a web site where such contents are posted. |
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| [Information Harmful to Teenagers (Less than 19 years old] |
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Lascivious or sensual information that may stimulate sexual desire in teenagers. |
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Information that may aggressively encourage teenagers to commit crimes. |
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Information that may stimulate or promote drug abuse or exercise of various types of violence including sexual violence. |
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Information announced as media harmful to teenagers by the Youth Protection Act including mail bombs. |
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Advertisement e-mail messages receiving expressed permit from the recipient can skip noting "(Advertisement)" in the subject field, but such e-mail should clearly mark the contents and period of obtaining approval in the e-mail text field in a way that the recipient can easily identify. |
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The consent of the recipient should include the consent expressed at the time of initial subscription, signing in terms of service or thereafter in various ways. |
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"Clear consent" of the recipient refers to a situation when the subject of the consent expresses his/her consent while clearly recognizing the meaning of such consent. |
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To obtain consent for receiving e-mail, e-mail should provide selection buttons or menus such as "Agree to Receive" and take actions required for the recipient to directly select such options. |
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Subject of advertisement e-mail should be indicated in a way that the recipient can easily recognize the contents without opening such e-mail. |
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| Do not use subjects such as "re: Reply with your opinion", "Hi, how have you been", "I need your opinion" which misleads the recipient to believe that the e-mail is not advertisement e-mail. |
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In the content field of advertisement e-mail, the sender should indicate the name of sender, e-mail address, phone number, address and method of easily expressing the intention to unsubscribe. |
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Since some recipients want to know the source where their e-mail addresses are collected, it is necessary to indicate the course of collection such as the web site address where such e-mail addresses were collected in the content field of the e-mail. |
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If indicating the name and address of the sender, it is necessary to indicate that one "can express the opinion of denying further reception. |
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"The method of easily expressing the opinion of denying further reception" should be set on a reception denied button or link for the recipient to automatically communicate his/her opinion of denying further reception. |
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A button, link or window for denying acceptance should be indicated in English as well as in Korean in consideration of the case when the recipient is a foreigner. If it is difficult to exactly communicate the opinion with the passages indicated on the button only, it is also necessary to indicate the guidelines which inform that the reception can be denied by clicking such button in English as well as in Korean. |
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| [Example of Guidelines] |
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| If you don't want this type of information or e-mail, please click the 'refuse (or reject, No more commercial e-mail, etc.)' button. |
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Fulfillment of Transmission Format Standards of Advertisement E-Mail sent abroad. |
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When sending advertisement e-mail overseas, it is necessary to indicate subject, contents and method of expressing the opinion of denying acceptance in English. |
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| The EU regulates the indication of "advertisement" as an obligation. Some states in the USA also regulate indication of "ADV:" in the subject of advertisement e-mail. If such e-mail is harmful to youth, it is compulsory to indicate "ADV: ADULT". |
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Obligation of Advertisement E-Mail Sender |
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Prohibited from omitting reception denial |
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Prohibited from falsely indicating the contact address of the sender or performing technical manipulation such as transmission of e-mail through a transmission only e-mail server or manipulating the contents of the subject so as to avoid denying further reception. |
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Prohibited from extracting e-mail addresses without permission |
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Prohibited from extracting e-mail addresses without the expressed permission of the website where extraction of e-mail address is prohibited or through hacking. |
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| If extracting e-mail addresses with an e-mail address extraction program on Internet bulletin boards without permission or spreading such program, users may be subject to criminal prosecution or civil compensation. |
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Measures against Reception Denial |
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The sender of advertisement e-mail should immediately delete the e-mail address of any recipient from his e-mail lists if the recipient expresses his/her opinion of denying further reception and is prohibited from transmitting advertisement e-mail to such recipients in the future. |
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The transmission of advertisement e-mail contradictory to the regulation of clearly indicating the opinion of denying further reception may be subject to penalty up to 5 million won. |
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The sender should take all necessary actions such as frequent inspection of e-mail server or inbox of e-mail address so that the e-mail address with the opinion on further reception is properly handled. |
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Other prohibited actions |
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The act of randomly transmitting advertisement e-mails using a program that automatically creates e-mail addresses. |
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| If transmitting a large amount of e-mail using a program that automatically creates e-mail addresses, causing an overload to the e-mail receiving server of the e-mail service provider, may be subject to civil liability or compensation. |
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The act of sharing, selling, exchanging or providing others a list of e-mail addresses extracted from Internet bulletin boards without the consent of the recipient. |
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| If the list of e-mail addresses is distributed without the consent of the recipient, causing continuous infringement on such recipient and is subject to civil liability or compensation. |
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E-Mail Service Providers |
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Those who provide the service required to send or receive e-mail through Internet websites (Web Mail Service Providers, etc.) |
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Those who provide or operate information communication equipment such as Internet lines or e-mail address servers to enable transmission and reception of e-mail addresses (ISP, e-mail server operator for in-house purposes, etc.) |
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| [Information Communication Equipment] |
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| Machines, devices or lines required to send, receive, or to save, control or process information such as symbols, letters or images through wired or wireless formats and other electronic formats |
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Enactment of Anti-Spam Policy |
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E-mail service providers should prepare a self-regulating fulfillment policy for the prevention of spam mail (hereinafter "Anti-Spam Policy") and post it on his web site. |
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Main Content of Anti-Spam Policy |
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Indicate that user cannot transmit spam mail in violation of laws, regulations or provisions. |
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Establish standards and methods of obtaining IP addresses, e-mail addresses (ID, etc.) and Domain names of illegal spam mail senders. |
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Contact number of the person in charge and ways to report illegal spam mailing |
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Other matters required to prevent illegal spam mailing. |
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E-mail service providers should indicate necessary matters regarding the anti-spam policy in the terms of use as one separate provision in the agreement. |
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Technical Measures for Prevention of Unsolicited Spam Mails |
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E-mail service providers should take necessary actions including installation of programs which prevent the leakage of e-mail addresses or IP addresses and sending of unsolicited spam mail. |
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E-mail service providers should take necessary actions to prevent its own e-mail server from unnecessarily being used as a relay server for illegal spam mail senders. |
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| [E-Mail Relay] |
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| E-mail is transmitted to the reception mail server of the recipient via other e-mail server while e-mail is transmitted from one e-mail service server for initial transmission to another e-mail service server for destination. |
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E-mail service providers should take necessary actions such as using filtering programs for advertisement e-mail at the choice of recipient. |
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E-mail service provider should make efforts to develop technology that can prevent errors in e-mail transmittal due to illegal spam mailing. |
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Designation of Person in Charge of Complaints on Spam Mail E-mail service providers should designate a person in charge of handling user complaints with regard to spam mailing. |
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E-mail service providers should designate a person in charge of handling user complaints with regard to spam mailing. |
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E-mail service providers should determine the methods and procedures required for smooth handling of spam mail, and post how to register complaints including the contact number of the person in charge of handling complaints on spam mailing on the web site. |
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Measures for Spam Mail Senders |
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E-mail service providers should warn in advance that those senders who transmit advertisement e-mail using their servers are subject to suspension or restriction of using an IP address or e-mail address if violating the laws, regulations or terms of service. |
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Measures to be taken when receiving complaints regarding spam mail |
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Issue a warning to such spam mail senders |
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Block the e-mail address or IP address of such spam mail sender |
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Report to the related authorities such as the Korea Information Security Agency (Privacy Information Infringement Report Center) if having found violations in laws or regulations |
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Other prompt and proper actions required to solve complaints related to spam mail |
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Real Name System for Massive Advertisement E-mail Senders |
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Encourage introduction of real name registration system of IP address and e-mail address (including ID) for those who mass transmit advertisement e-mail using its e-mail service. |
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Present clear standards on the maximum quantity (standards per 1 day or 1 hour) of e-mails for registered senders when implementing registration system. |
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Block e-mail address service or IP address if still violating the warning after such warning is given indicating that a profit-based advertisement e-mail address in violation of the real name system can be prevented from sending or receiving advertisement e-mail. |
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Indicate the matters for a real name system in terms of use as one separate provision in the agreement. |
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Encourage users not to send spam mail overseas |
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E-mail service providers should recommend that users not randomly transmit advertisement e-mail written in Korean overseas. |
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| Foreign recipients of Korean spam mail cannot read Korea due to font discrepancies in most cases. In this regard, Korean spam mail sent abroad has no advertisement effect and may result in damaging the image of Korea internationally. |
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Web Site Operators |
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Those who operate personal web sites or web sites for others to use various kinds of service on the Internet. |
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Technical Actions to Prevent Extraction of E-mail Address |
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Web site operators should take necessary actions including installation of anti-extraction programs or operation of secure bulletin boards in order to prevent others from extracting e-mail addresses posted on their web site. |
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Technical Actions to Operate Secure Bulletin Boards |
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Encrypt e-mail addresses of users who post messages on bulletin boards |
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Relay e-mail addresses transmitted to users or provide a posting window on bulletin boards without having to post e-mail addresses. |
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Other actions to prevent extraction of e-mail addresses on bulletin boards |
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| If any user continues to extract e-mail address using e-mail address extraction programs despite the above actions, they may be subject to criminal punishment in violation of Article 48(1) of Act on Protection of Information and Promotion of Information Communication Network (Prevent invasion of information communication network without lawful authority) (Imprisonment up to 3 years or fine up to 30 million won). |
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Post Message indicating Prohibition of E-Mail Extraction |
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Web site operators should post a warning indicating the message, "prohibited from extracting e-mail addresses contained on this web site or bulletin board" on their own web site. |
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| If any user ignores such restriction by the web site operator and sends spam mail using extracted e-mail addresses, they may be subject to civil liability or compensation for damages. |
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Thorough Management of Mailing Lists |
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If web site operators provide e-mail addresses to a 3rd party due to business partnership for use as recipients of advertisements from the 3rd party, they should specifically inform this fact to relevant users and obtain consent. |
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If web site operators send mail to members who apply to receive advertisement e-mail only and such member selects to deny reception of advertisement mail, they should be immediately deleted from the mailing list. |
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Cautions when signing up as a member of web sites. |
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When you need to leave your e-mail address on the Internet, make sure not to leave it indiscriminately since it can be extracted by e-mail extraction programs. |
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Select to reject e-mail if you don't want to receive such mail since you may be required to select whether to receive advertisement e-mail at the time of signing up as a member of certain sites. |
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Create and use separate e-mail addresses to which you will receive spam mail only. |
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Do not open unknown e-mail or unsolicited e-mail. |
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Use various block functions (deny reception or filtering function) in mail program. |
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Use filtering function in your mail program by selecting "deny reception of e-mail from specific users", "deny reception of e-mail from specific domains", "deny reception of e-mail from specific IP addresses", "deny reception of e-mail with specific content or subjects". |
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Clearly communicate your intention not to receive e-mail from your mail sender if you don't want to receive further mail from such sender. |
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Check if the sender receives your mail that refuses further reception of e-mail, if you sent such mail to spam mail senders. |
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Select [Tools]-[Options]-[Receipts] in Outlook Express or [Settings] or [Options]-[Check Reception] in web mail to check whether recipients receive your mail. |
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Regularly update mail client programs (Outlook Express), etc. |
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Send mail to deny further reception together with a warning message with a strong tone. |
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If there is a function to deny further reception in the mail, use the function first, and send a warning message with a strong tone saying "I've suffered from damage due to the spam mail you sent. If you do not stop sending me messages, I will report you to the proper authorities." to spam mail senders who keep sending you such messages. |
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| [Information Communication Equipment] |
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The e-mail you sent is definitely spam mail in accordance with Article 50 of "Act on Protection of Information and Promotion of Information Communication Network" as shown below. Spam mail sending is subject to criminal or civil punishment.
I request that you stop sending spam mail and plan to look into legal actions to compensate for the mental and physical damage I¡¯ve suffered if you keep sending spam mail. |
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| [Related Provisions of Laws and Regulations] |
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Article 50 of the Act on Protection of Information and Promotion of Information and Communication Network (Restriction on Transmission of Advertisement Information) - |
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A user shall not transmit profit-based advertisement information contrary to the expressed opinion of a recipient not to receive such mail. |
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Those who want to transmit profit-based advertisement information by e-mail under the regulation of the Article shall indicate in such e-mail information as in each of the following subparagraphs as specified by the enforcement regulation in the Information and Communication Act. |
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Purpose of transmission and main contents |
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Name and contact information of sender, etc. |
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Matters related to the opinion of denying further reception |
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| [Example of Warning Mail (English)] |
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| The Korean Telecommunications Acts regulate a criminal offence to use any telecommunications system with the intent to cause annoyance or distress. Your recent unsolicited commercial e-mail ("spam mail") has caused me distress, therefore I warn you not to do this again. Failure to heed to this warning can lead to fines and imprisonment and disconnection of Internet service. |
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Indicate in the mail header [UCE Complaint or UBE] your objection against spam mail. |
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As an abbreviation of UCE (Unsolicited Commercial E-mail)/UBE (Unsolicited Bulk E-mail), it means unsolicited |
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Report to the relevant authority if the spam mail sender continues to send such mail even after you delivered your intention not to receive such mail. |
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Preparations for the Report |
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Original copy of spam mail |
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Original copy of mail to the sender in which you indicated your intention not to receive such mail |
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Original copy of spam mail you selected to deny and sent to the spam mail sender |
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Report Organization |
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Korea Information Security Agency (www.cyber118.or.kr) |
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Illegal Spam Mail Report Center (www.spamcop.or.kr) |
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Personal Data Protection Center (www.cyberprivacy.or.kr) |
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Information Communication Ethics Committee (www.icec.or.kr) |
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Internet Crime Investigation Center (dci.sppo.go.kr) |
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Cyber National Policy Agency (http://www.police.go.kr Tel: 02-393-9112) |
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Call center to report spam mail (1336 without exchange number) |
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Spam Mail Complaint Center of Hanaro Telecom (Abuse@hanaro.com) |
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Report the e-mail address that frequently sends spam mail to the web mail service provider you use or relevant mail program server manager. |
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Trends in Regulations on Spam Mail |
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Related laws and regulations in the¡¸Act on Protection of Information and Promotion of Information and Communication Network¡¹prescribes that sexual advertising may damage public sensibility, mass mailing may decline system performance as well as profit-based advertisement information contrary to the expressed intention of recipients that deny reception of such email. In addition, as punishment has been reinforced that demand a penalty below 50 million won or imprisonment below 5 years.
Spam mail subject to punishment in accordance with related laws is as shown below. |
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Profit-based advertisement information mail contrary to the expressed intention of the recipient to deny reception of such mail |
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Mass mailing sent for the purpose of decreasing system performance |
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Advertisement mail such as illegal software which infringes program copyrights. |
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Advertisement mail from adult sites or those selling adult goods that may damage public sensibility. |
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Mail that causes fear or uneasiness. |
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Profit-based Advertisement Information Mail Contrary to the Expressed Intention of a Recipient to Deny Reception of Such Mail |
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Related Grounds : Act on the Protection of Information and Promotion of Information and Communication Network |
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| Article 50 (Restriction on the Transmission of Advertisement Information) |
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Users shall not transmit profit-based advertisement information contrary to the intention of the recipient to receive such mail. |
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| Article 67 (Penalty) |
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Those who fall under each of the following subparagraphs are subject to penalty up to 5 million won. |
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| - Omitted - |
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| 15. |
Those who transmit profit-based information in violation of regulations in Article 50 (1) |
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Massive Mail Sent for the Purpose of Declining System Performance |
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| ¡Ø |
Related Grounds : Act on the Protection of Information and Promotion of Information and Communication |
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| Article 48 (Prohibition on Invasion of Information Communication Network) |
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| - Omitted - |
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Users shall not cause trouble to information communication networks by processing wrong commands or sending massive signals or data to disturb the stable operation of information communication networks. |
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| Article 62 (Penalty) |
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Those who fall under each of the following subparagraphs are subject to imprisonment up to 5 years or penalty up to 50 million won. |
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| - Omitted - |
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| 5. |
Those who causes damage to information communication networks in violation of Article 48(3) |
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¢Ñ |
Massive mail sent for malicious purposes such as delay of mail transmission or decreasing system performance due to overload of the overall system will be subject to punishment. |
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Sales Advertisement Mail Including Illegal Software Violating Program Copyrights |
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Related Grounds : Computer Program Act Article 29 (Infringement of Program Copyright, etc.) |
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| ¨ç |
Users shall not infringe on program copyrights without lawful authority by means of reproduction, adaptation, translation, distribution, issue or transmission. |
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| Article 46 (Penalty) |
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Those who fall under any of the following subparagraphs are subject to imprisonment up to 3 years or penalty up to 50 million won. |
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| - Omitted - |
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| 1. |
Those who violate the regulations of Article 29 (1) |
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Email messages that advertise illegally copied programs, illegal copies or adult software are subject to punishment. Please note that those customers who purchase programs from such users are subject to criminal punishment. |
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Advertisement Mail such as Adult Sites or Adult Goods that Damages Public Sensibility |
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Related Grounds : Act on the Protection of Information and Promotion of Information and Communication Network |
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Article 42 (Indication of Media Harmful to Teenagers)
Those who provide information for the purpose of disclosing to the general public using telecommunication tasks of telecommunication service providers (hereinafter "information provider) and who wish to provide media harmful to teenagers under regulations in Article 2(3) of the same Act in accordance with regulations in Article 7(4) of the Teenager Protection Act should indicate that such information is harmful to teenagers in accordance with the method for indication as prescribed by the Presidential Decree.
Article 64 (Penalty)
Those who fail to indicate that such information is harmful to teenagers in violation of Article 42 and provide such information for the purpose of profit are subject to imprisonment up to 2 years or penalty up to 10 million won.
Article 65 (Penalty) |
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Those who violate the regulations of Article 29 (1) |
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Those who fall under any of the following subparagraphs are subject to imprisonment up to 1 year or penalty up to 10 million won. |
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Those who exhibit, or distribute, sell or lease obscene symbols, passages, sounds or images through information communication networks. |
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Mail that causes fear or uneasiness |
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Related Grounds : Act on the Protection of Information and Promotion of Information Communication Network |
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Article 65 (Penalty)
Those who provide information for the purpose of disclosing to the general public using telecommunication tasks of telecommunication service providers (hereinafter "information provider) and who wish to provide media harmful to teenagers under regulations in Article 2(3) of the same Act in accordance with regulations in Article 7(4) of the Teenager Protection Act should indicate that such information is harmful to teenagers in accordance with the method for indication as prescribed by the Presidential Decree. |
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Those who fall under any of the following subparagraphs are subject to imprisonment up to 1 year or penalty up to 10 million won. |
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| Article 46 (Penalty) |
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Those who fall under any of the following subparagraphs are subject to imprisonment up to 3 years or penalty up to 50 million won. |
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Those who repeatedly send words, sounds, images or pictures that may cause fear or uneasiness through information communication networks. |
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Those who repeatedly send mail that may cause fear or uneasiness including chain letters or curses are subject to punishment. |
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If spam mail senders are subscribers of HanaFos. |
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HanaFos subscribers who send spam mail to others through HanaFos.com mail, other e-mail service or personal mail server are subject to suspension of Internet service or termination of service agreement under regulations in Article 10 [Obligation of Users], Terms of Service of HanaFOS. |
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Those who are reported or found to transmit spam mail (hereinafter "spammer") shall be sent a 1st warning mail and the history of the spammer will be separately managed. |
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If spammers who receive the 1st warning message are reported or found to transmit spam mail again, service shall be temporarily suspended, and a 2nd warning mail will be sent or warning call is given. In particular, if the spammer who receives warning call fails to fulfill his/her promise not to send spam mail again, internet service may be temporarily suspended for 7 days. But, the obligation for this shall be solely born by the spammer. |
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Spammers who want to be released from temporary suspension during the suspension period should call 106 and promise not to send spam mail again. |
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If the spammer who receives a warning call or is given a 7 day temporary suspension, or if a spam mail report is received again for the same spammer, such spam mail transmitter may be subject to disadvantages of termination of service or suspension of Internet service in accordance with the terms of service. |
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Spammers who want to be released from temporary suspension during the suspension period should call 106 and promise not to send spam mail again. |
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Spammers may be subject to claims for compensation, legal action or report to the related authority if necessary. |
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If subscriber to HanaFos is the sufferer |
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Hanaro Telecom has reinforced its anti-spam function to block spam mail and has requested various actions from e-mail service providers, web site operators and ISPs including IP blocking, deletion of e-mail IDs of relevant spammers, or IP blocking, so that Internet users can use the Internet without hassle. |
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If Hanaro Telecom exposes spam mails sent from other e-mail subscribers or other ISP service providers, or subscribers of HanaFos report such spam mail, Hanaro Telecom notifies such spammer by warning mail senders, e-mail service providers, web site operators and ISP providers, and requests them not to send such spam mail again. |
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If those who received a warning e-mail from Hanaro Telecom, or were requested not to send such spam mail again from the e-mail service provider, web site operator or ISP, and are found to send such spam mail again and are reported, Hanaro Telecom requests the ISP, web site operators or e-mail service providers to block such users from relevant Internet address (IP) bandwidth in terms of the obligation of negligence in managing users. |
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Hanaro Telecom can take actions such as blocking relevant IP bandwidth if those e-mail users of the company receiving warning such as blocking from internet address bandwidth, are found or reported to transmit spam mail again. In addition, we will report such spammer to the related authorities or take legal actions such as claims for compensation. |
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