• Published, October 8, 2004
• Revised, November 13, 2009
• Revised, November 25, 2011
• Revised, December 13, 2011
• Revised, December 13, 2013
• Revised, November 21, 2014
• Revised, June 24, 2016
• Revised, December 20, 2021

CHAPTER 1. GENERAL RULES

Article 1 (Purpose)

• These Detailed Rules for KR Domain Name Dispute Resolution seek to set forth matters required for the resolution proceedings of the Internet Address Dispute Resolution Committee (“IDRC” hereinafter).

Article 2 (Scope)

• The resolution proceedings of the IDRC shall follow these Rules, except for those provided under the Act on Internet Address Resources (“Act” hereinafter) and its Enforcement Decree (“Decree” hereinafter).

Article 3 (Definition of terms)

The terms used in these Rules shall be defined as follows:

• 1. “Complainant” refers to the party filing a complaint regarding a domain name registration with the IDRC pursuant to Article 18 of the Act.
• 2. “Respondent” refers to the person who has registered domain name against which resolution is requested.
• 3. “Parties” pertain to the Complainant and the Respondent.
• 4. “Cases” mean matters for which dispute resolution is requested to the IDRC concerning a domain name.
• 5. “IDRC” refers to the Internet Address Dispute Resolution Committee as per Article 16 of the Act.
• 6. “Resolution panel” pertain to a mediator or a panel of three mediators organized for the resolution of a dispute.
• 7. “Domain name registration authority” means the Korea Internet and Security Agency (“KISA” hereinafter) as per Article 52 of the Act on the Promotion of Information Network Services and Protection of Information or corporations or organizations that have been entrusted by KISA with duties of domain name registration authority pursuant to Article 9 of the Act.
• 8. “Domain name registrars” refer to those accredited by the domain name registration authority pursuant to Clause 1, Article 14 to perform some of services concerning the allocation and registration of domain names.
• 9. “Secretariat” pertains to the secretariat founded at KISA to support the functions of the IDRC pursuant to Clause 6, Article 16 of the Act.
• 10. “Online Dispute Resolution System" means the online system provided by the IDRC for handling various digital documents for resolution, including the acceptance, delivery, or archiving of digital documents such as application forms and replies, trial by the mediators, and preparation of decisions.

CHAPTER 2. Complaint Procedure

Article 4 (Filing a Complaint)

• (1) Those who require resolution by the IDRC for a dispute concerning the registration, holding, or use of domain name shall may file a complaint (Attached Form No. 1) with related data by Online Dispute Resolution System, mail or e-mail.
• (2) The Complainant shall attach the following documents when filing his/her complaint pursuant to Clause 1, Article 18 of the Act:
  • 1. A copy of corporate register if applicable
  • 2. Other supporting documents, including a copy of registration documents providing the grounds for rights or legitimate benefits on which the complaint is based
• (3) The complaint and supporting documents under Clause 1 shall be submitted as follows:
  • 1. 1 original and 2 copies in case of one-mediator panel
  • 2. 1 original and 4 copies in case of three-mediator panel
• (4) Upon receiving the complaint and supporting documents, the IDRC shall assign an acceptance number to the complaint and supporting documents and issue a receipt to the Complainant.
• (5) When the complaint is accepted, and the resolution service fee is received, the IDRC shall send to the Respondent a notice requesting for the submission of a reply (Attached Form No. 2) together with the complaint using the method under Article 20 of the Decree.
• (6) If deemed necessary, the Secretariat may request the Complainant to supplement his/her complaint for resolution. The Complainant shall supplement his/her complaint within seven (7) calendar days after receiving the supplementation request notice from the Secretariat. Upon failure, the administrative proceedings will be deemed withdrawn.

Article 5 (Reply)

• (1) The Respondent shall submit to the IDRC his/her reply (Attached Form No. 3) and related data (“reply” hereinafter) together with the complaint in writing or by e-mail within 14 days of the date of receiving the notice requesting for the submission of a reply.
• (2) The Respondent shall attach the following in writing when submitting his/her reply pursuant to Clause 2, Article 18 of the Act:
  • 1. A copy of corporate register if applicable
  • 2. Counter-argument against the statement and argument indicated in the complaint and other evidentiary documents, including copies of register supporting the argument on registration, holding, or use of the domain name disputed
• (3) deleted
• (4) When it is difficult to submit the reply within the period provided under Clause 1, the Respondent shall submit a written request for extending the period for submitting the reply (Attached Form No. 4) pursuant to the proviso of Clause 2, Article 18 of the Act.

CHAPTER 3. Composition of Panel and Case Review

Article 6 (Composition of panel)

• (1) When the period for submitting a reply lapses, the IDRC shall compose a resolution panel for examining the case within seven days and notify both parties accordingly pursuant to Clause 4, Article 18 of the Act.
• (2) The IDRC shall compose one- or three-mediator panel as opted for by the parties.
• (3) The IDRC shall compose a panel based on the given order of the mediators prepared in advance, as a rule. Note, however, that this shall not apply when a mediator is excluded, challenged, or evaded pursuant to Article 17 of the Act.

Article 7 (Communication between parties and panel)

• All communication between the parties and the panel shall be made through the Secretariat.

Article 8 (Examination by the panel)

• (1) The panel shall examine cases by document, as a rule.
• (2) The panel shall provide fair opportunities when requesting the parties to submit data pursuant to Clause 1, Article 19 of the Act.
• (3) The relevant panel shall determine on the adoptability of statements or data submitted by the parties after its composition.

Article 9 (Panel decision)

• (1) The panel shall notify the IDRC by deciding on the case within 14 days of its composition pursuant to Clause 4, Article 18 of the Act. When it is difficult for the panel to decide on a case within the aforesaid period, however, it shall notify the IDRC of the date a decision is expected to be made pursuant to the proviso of Clause 4, Article 18 of the Act.
• (2) The panel shall announce its decision by specifying the reasons, date decided, and names of the relevant mediators.
• (3) Three-mediator panels shall decide based on a majority vote. Dissenting opinions, if any, shall be indicated in the decision.
• (4) The IDRC shall notify the parties of the decision after receiving such using the method under Article 20 of the Decree.

Article 10 (Actions based on dismissal decision)

• When a panel decides to dismiss a case, the IDRC shall immediately revoke all actions taken based on a resolution complaint, including the maintenance of information concerning the relevant domain name.

Article 11 (Enforcement of resolution)

When the lawsuit or arbitration proceedings are terminated pursuant to Clause 2, Article 20 of the Act, the Complainant may request for the enforcement of the resolution by submitting the following proofs to the IDRC:

• 1. Any proofs related to the withdrawal of lawsuit (including assumed withdrawal of lawsuit)
• 2. Any proofs, including those concerning the withdrawal of lawsuit, decision dismissing a case, and final court decision stating that the Respondent is not authorized to continue use of the domain name
• 3. Any proofs stating that the arbitration proceedings have been terminated

Article 12 (Termination by composition)

• The IDRC shall terminate the resolution proceedings when the Complainant withdraws his/her complaint or when the two parties settle through composition.

Article 12-2 (Cessation of resolution proceeding due to lawsuit filing)

• (1) A party that has filed a lawsuit pursuant to Clause 2, Article 21 of the Act shall submit a copy of the lawsuit to the IDRC by notifying the IDRC of the date the lawsuit is filed, the court of jurisdiction, and the case number without delay after filing the lawsuit.
• (2) The IDRC shall cease the resolution proceedings and notify the parties accordingly when the IDRC determines that the lawsuit under Clause 1 is related to the domain name dispute under resolution.
• (3) A party that has filed a lawsuit pursuant to Clause 2, Article 21 of the Act shall, without delay, submit to the IDRC the court sentence or documents that can affirm the outcome of the lawsuit when the litigation proceedings are completed.
• (4) The IDRC shall check the outcome of the lawsuit and follow the necessary procedures in connection with the resolution case.

CHAPTER 4. Supplementary Rules

Article 13 (Language in dispute resolution proceedings)

• (1) The Korean language shall be used in the proceedings for dispute resolution.
• (2) Documents in a language other than Korean shall have their Korean translation as attachment.

Article 14 (Report of address)

• When the party’s postal or e-mail address is changed pursuant to the proviso of Clause 1, Article 20 of the Decree, such shall be reported to the IDRC by e-mail.

Article 15 (Scope of data to be transmitted)

• When using registered mail pursuant to Clause 1, Article 16 of the Decree, copies of the complaint for resolution, reply, and related data shall be sent. When using e-mail, copies of related data may be omitted, except the complaint for resolution and reply.

Article 16 (Resolution fee)

• (1) The Complainant shall shoulder the resolution fee specified in [Attached Table 1].
• (2) The complaint for dispute resolution on a domain name shall be deemed to have been canceled if the Complainant fails to pay the resolution fee within seven days of filing the complaint.
• (3) The IDRC shall not commence the proceedings for the complaint for resolution until the Complainant pays the resolution fee.
• (4) When the Respondent selects a three-mediator panel even though the Complainant has chosen a one-mediator panel, the two parties shall equally share the difference.
• (5) When the Respondent selects a three-mediator panel even though the Complainant has chosen a one-mediator panel, the Complainant shall pay the additional resolution fee within seven days of receiving the notice of payment. If the Complainant fails to pay the resolution fee, the complaint for resolution of a dispute shall be deemed to have been canceled.
• (6) When the Respondent selects a three-mediator panel even though the Complainant has chosen a one-mediator panel, the Respondent shall pay the additional resolution fee by the time the reply is submitted. If the Respondent fails to pay the amount, the resolution shall be referred to a one-mediator panel.
• (7) The amount corresponding to the mediator fee indicated in [Attached Table 2] shall be paid when the resolution is terminated before the panel is composed pursuant to Clause 2, Article 21 of the Decree.

Article 17 (Disclosure of resolution decisions)

• The IDRC may disclose its resolution decision so that Internet users may refer to such.

Article 18 (Involvement of domain name registration authorities)

• Domain name registration authority or domain name registrars shall not be a party to the resolution proceedings under these Rules.

Article 19 (Indemnity)

• The IDRC or its resolution panels shall not be held responsible by any party in connection with the resolution proceedings under these Rules, except cases involving intentional or malicious illegal acts.

Article 20 (Other matters)

• The IDRC may separately determine detailed matters other than those specified in these Rules.

Annex 1. Resolution Fee table

Annex 2. Panel Allowances