Registration, modification, and termination of a domain name
Application for the registration of a domain name
- Anyone who intends to use a domain name shall register a domain name with the Korea Internet & Security Agency (Article 11(1) of the Internet Address Resources Act).
Modification of registered details
- Registrants who intend to modify registered details after the registration of a domain name shall file an application for modification at the Korea Internet & Security Agency through a registration proxy [Article 10(1) of the Domain Name Management Rules (Rules of the Korea Internet & Security Agency, announced and enforced on Nov. 2, 2021)].
Termination of registration
- The registration of a domain name may be terminated in any of the following circumstances (Article 11(1) of the Domain Name Management Rules).
· When 30 days has passed from the date that the registration record has been confirmed as being incomplete and incorrect, regardless of whether any of such dates falls within a public holiday;
· When 30 days has passed from the date that the registrant has requested deletion of the domain name, regardless of whether any of such dates falls within a public holiday;
· When the registration fees have not been paid within at least 30 days prior to the expiration date regardless of whether any of such dates falls within a public holiday; or
· When 30 days have passed from the date that the registrant was confirmed as having failed to meet the registration requirements and standards regardless of whether any of such dates falls within a public holiday.
Dispute conciliation regarding domain names
Establishment of the Internet Address Dispute Resolution Committee
- The Internet Address Dispute Resolution Committee has been established so as to engage in conciliation of disputes over the registration and use of Internet addresses (Article 16(1) of the Internet Address Resources Act).
Request for conciliation of disputes
- Anyone who wishes for conciliation of disputes in relation to the registration, possession, or use of Internet addresses shall file a petition for conciliation, accompanied by relevant documents, with the Dispute Resolution Committee in writing or by electronic mail (Article 18(1) of the Internet Address Resources Act and Article 19(1) of the Enforcement Decree of the Internet Address Resources Act).
Dispute conciliation procedure
- When a request for the conciliation of disputes is filed, the Dispute Resolution Committee shall notify the respondent who has registered Internet addresses of such a fact (Main body of Article 18(2) of the Internet Address Resources Act).
- The respondent shall submit written answers and related data to the Dispute Resolution Committee within 14 days after he/she is notified of such a fact (Main body of Article 18(2) of the Internet Address Resources Act).
- The Dispute Resolution Committee, which has received an application for resolution, shall draw up a draft conciliation by holding a trial on the relevant case within 14 days after a deadline for the submission of written answers, and notify parties in dispute of the draft conciliation as completed without delay (Article 18(4) and Article 20(1) of the Internet Address Resources Act).
- When the registration, possession or use of Internet addresses by respondents obstructs the registration or use of Internet addresses by persons who have a legitimate source of authority, or such registration, possession or use is made for the purpose of reaping illegal profits, such as selling or lending Internet addresses to persons who have a legitimate source of authority over names, titles, emblems or trademarks, etc., the conciliation division may make a decision on conciliation, ordering the transfer of Internet addresses possessed by a respondent to an applicant or the cancellation of Internet addresses (Article 18-2(2) of the Internet Address Resources Act).
- When Internet addresses of respondents are the same as names, titles, emblems or trademarks, over which respondents have a legitimate source of authority, or when respondents have legitimate rights to or interests in the registration or use of Internet addresses, notwithstanding the provisions provided above, the conciliation division may dismiss applications (Article 18-2(3) of the Internet Address Resources Act).
Effect of dispute conciliation
- When parties in dispute accept a draft conciliation drawn up by the Dispute Resolution Committee, it shall be deemed that an agreement, the details of which are the same as a draft conciliation between parties in dispute, has been reached (Article 20(4) of the Internet Address Resources Act).
- When a respondent who receives a draft conciliation from the Dispute Resolution Committee fails to submit any of the following certificates within 15 days from the date on which he/she receives a draft conciliation, such respondent shall be deemed to have accepted the conciliation of the Dispute Resolution Committee, and the applicant may apply for the implementation of such conciliation to the Dispute Resolution Committee (Article 20(2) of the Internet Address Resources Act).
· Any certificate showing that the respondent has filed a lawsuit over the relevant Internet address to the competent court
· Any certificate showing that the respondent has applied for arbitration under the Arbitration Act, in accordance with an agreement between the relevant parties.
- When an applicant applies for the implementation of conciliation to the Dispute Resolution Committee, the Dispute Resolution Committee shall request Internet address management organizations, etc., to implement such conciliation, and Internet address management organizations, etc. shall follow such request without delay (Article 20(3) of the Internet Address Resources Act).