Note :

• 1. This policy has been regulated and brought into effect by the “INTERNET ADDRESS RESOURCES ACT (Updated on June 9, 2020)” since 2006.
• 2. This policy covers Korean country-code top-level domain disputes (ccTLD: .kr and .한국)
• 3. This policy is applicable to Korea-accredited registrars.
• 4. The policy is between the registrar and its customer (the domain-name holder or registrant).
• 5. This is an unofficial translation provided as reference to aid in the understanding of KR-DRP policy
• 6. Only the original Korean texts of the policy have legal effect.

Definitions In this policy :

• Member refers to an IDRC committee member.
• Complainant refers to the party filing a complaint regarding a domain name registration.
• Respondent refers to the holder of a domain-name against which a complaint is initiated.

CHAPTER IV INTERNET ADDRESS DISPUTE RESOLUTION COMMITTEE

Article 16 (Establishment and Internet Address Dispute Resolution Committee)

• (1) The Internet Address Dispute Resolution Committee (hereinafter referred to as the "IDRC") shall be established, so as to resolve disputes (hereinafter referred to as "disputes") over the registration or use of Internet domain name.
• (2) The IDRC shall be comprised of 30 or fewer Members, including one Chairperson.
• (3) Committee members shall be appointed or designated by the Minister of Science and ICT, from among the following categories of qualified persons:
  • 1. Persons who hold or held the position of an associate professor or higher in a college or certified research institute, or holds or held a position equivalent thereto and who majored in law;
  • 2. Public officials who are Grade IV or higher (including public officials in general service who belong to the Senior Civil Service Corps) or any persons who hold or held a position equivalent thereto in a public institution, with experience in Internet addresses or intellectual property rights;
  • 3. Persons who are qualified as a judge, public prosecutor, attorney-at-law or patent attorney;
  • 4. Persons deemed to have qualifications equivalent to the aforementioned positions by the Minister of Science and ICT.
• (4) The terms of office of Members shall be three years.
• (5) The Chairperson shall be appointed by the Minister of Science and ICT, from among committee Members.
• (6) The Secretariat shall be established under the control of the Korea Internet and Security Agency, so as to facilitate duties of the IDRC.
• (7) No one, other than the IDRC, shall use the name of the "Internet Address Dispute Resolution Committee".

Article 17 (Exclusion, Challenge and Recusal of Members)

• (1) Any Members shall be excluded from taking part in cases for domain name disputes (hereinafter referred to as "cases") in the following circumstances:
  • 1. A member or his/her spouse or former spouse becomes a party to the relevant case, or is a joint holder of any right or obligation in the relevant case;
  • 2. A member is or was blood kin to a party in the relevant case;
  • 3. A member takes part in testifying or appraising the relevant case;
  • 4. A member is or was involved as an agent for one party or as management or employee in the relevant case
• (2) If any parties has grounds to challenge the impartiality of a member, they may submit such a challenge to the IDRC. The IDRC will accept such a challenge if it deems the challenge to be reasonable.
• (3) When any members fall under grounds under Paragraph (1) or (2), he/she may voluntarily recuse himself/herself from the process of resolution or decision of the relevant case.

Article 18 (Resolution of Disputes)

• (1) Any parties who wish to resolve disputes related to the registration or use of domain name, may file a complaint to the IDRC.
• (2) When a complaint for resolution is filed under Paragraph (1), the IDRC shall notify the Respondent who has registered the disputed domain name of the complaint, and the Respondent shall submit written answers and relevant evidences (hereinafter referred to as "written answers, etc.") to the IDRC within 14 days after he/she is notified of such fact. Where the respondent requests an extension of the deadline to submit written answers, etc. due to unavoidable grounds, the IDRC may extend a deadline for submission only once.
• (3) If the Respondent fails to submit written answers, etc. within the deadline for submission under Paragraph (2), the IDRC may continue the proceedings without the answer of the Respondent.
• (4) After the IDRC has received a complaint for resolution under Paragraph (1), it shall appoint a one or three mediator panel within seven days after the deadline for the submission of written answers elapses, or within seven days of the Respondent's answer and then the panel draw up a draft resolution by holding a trial on the relevant case within 14 days. The deadline for the written answers can be extended in case of acceptable circumstances.
• (5) When a period is extended in accordance with the proviso to Paragraph (4), the IDRC shall notify the relevant person of such fact.

Article 18-2 (Criteria for Judgement)

• (1) When the use of domain name registered by a respondent falls under any of the following subparagraphs, the panel may make a decision on ordering the transfer of domain name from the Respondent to the Complainant or the cancellation of the domain name:
  • 1. When the use of any domain names by a respondent violates rights to emblems protected under the Trademark Act (hereinafter referred to as "emblems"), such as a complaint trademark or service mark registered in the Republic of Korea;
  • 2. When the use of any domain names by the Respondent causes people to become confused regarding the complainant's product or business which is widely known in the Republic of Korea;
  • 3. When the use of any domain names by the Respondent impairs judgement or damages the reputation of the name of the Complainant, or the Complainant’s title, emblem or trade mark, which are widely known in the Republic of Korea.
• (2) When the registration, possession or use of domain name by the Respondent obstructs the registration or use of domain name by persons who have legitimate interests in respect of the domain name, or such registration, possession or use is made for the purpose of reaping illegal profits, such as selling or lending the domain name to persons who have legitimate rights in names, titles, emblems or trademarks, etc., the panel may make a decision under Paragraph (1).
• (3) When the domain name of the Respondent is the same as names, titles, emblems or trademarks, over which the Respondent has legitimate interests, or when the Respondent has legitimate rights to or interests in the registration or use of domain name, notwithstanding the provisions of Paragraphs (1) and (2), the panel may dismiss the Complainant’s complaint.

Article 19 (Requests for Data, etc.)

• (1) The IDRC may request that both parties to the dispute, or domain registration authorities, submit data necessary for resolving disputes. In such cases, they shall comply with such requests, unless justifiable grounds exist to the contrary.
• (2) The IDRC may order the parties to the dispute or persons for reference appear before the IDRC and listen to their opinions, when it is deemed necessary.

Article 20 (Effect of Resolution)

• (1) The IDRC shall notify both parties to the dispute of a draft resolution immediately after it is prepared without delay under Article 18 Paragraph (4).
• (2) If the Respondent who receives a draft resolution under Paragraph (1) fails to submit any of the following proofs within 15 days from the date on which he/she receives a draft resolution, the Respondent shall be deemed to have accepted the resolution of the panel, and the Complainant may apply for the enforcement of the result of the resolution to the IDRC:
  • 1) Any proofs showing that the Respondent has filed a lawsuit over the relevant domain name to the court;
  • 2) Any proofs showing that the Respondent has applied for arbitration under the Arbitration Act, in accordance with an agreement between both parties.
• (3) When a Complainant applies for enforcement of the resolution to the IDRC under Paragraph (2), the IDRC shall request that the relevant domain registration authorities to enforce the resolution. The relevant domain registration authorities shall perform such a request without delay.
• (4) When both parties to the dispute accept a draft resolution under Paragraph (1), it shall be deemed that an agreement has been reached.

Article 21 (Refusal or Cessation of Resolution Process)

• (1) The IDRC may not accept the case, in cases where, by the nature of its disputes, it is deemed that it is not appropriate to resolve the domain name dispute or the purpose of the application is regarded unlawful. In such cases, the IDRC shall notify the relevant Complainant of the grounds for the refusal of resolution, etc.
• (2) Where, during the proceedings of a relevant case, one party in the dispute files a lawsuit, the IDRC shall cease the process and notify the other party of the fact.

Article 22 (Resolution Fee)

• The IDRC may have the Complainant pay the fee for the dispute resolution, as prescribed by Presidential Decree.

Article 23 (Confidentiality)

• Persons who are or were engaged in duties of the IDRC shall not divulge any confidential information known to them in the process of his/her duties to others, or use such confidential information for purposes other than for doing his/her duties. However, this shall not apply to cases where extraordinary provisions to the contrary exist in other Acts.

Article 24 (Procedures for Resolution, etc.)

• Additional matters about the organization and operation of the IDRC, methods and procedures for resolving disputes, except as otherwise prescribed in this Chapter, shall be prescribed by Presidential Decree.