Enacted on January 27, 2005

Article 1 (Purpose) The purpose of this policy is to provide for procedures, etc., for the fair and swift mediation for domain names performed under Article 12 of the Domain Name Administration Working Rules (hereinafter referred to as the “Administration Rules”) enacted by the National Internet Development Agency of Korea (hereinafter referred to as “NIDA”), the Internet address administration agency.

Article 2 (Definitions) Terms used in this policy are defined as follows:
1. “Applicant” means the person who applies for mediation for dispute resolution on a registered domain name.
2. “Respondent” means the registrant of the domain name against which the mediation is sought before Internet Address Dispute Resolution Committee.
3. “Party” means the Applicant  or the Respondent
4. “Case” means a case on which the Applicant files a Complaint for mediation on a domain name before the Internet Address Dispute Resolution Committee.
5. “Committee” means Internet Address Dispute Resolution Committee.
6. “Panelist” means the person appointed by the Committee to perform mediation in a respective Case.
7. “Panel” means a Panelist or a group of three (3) Panelists organized for mediation in a respective Case.
8. “Administration Agency” means NIDA, which carries out administration operations for domain names.
9. “Registration Agent” means an agent appointed by the Administration Agency to carry out a part of the operation work for domain name registration.
10. “Commencement Date” means the day when the Committee commences the mediation procedure of a respective Case after the Applicant submitted the Complaint to the Committee and completely paid the mediation fee.

Article 3 (Application for Mediation) ① Pursuant to Article 12 of the Administration Rules, anyone whose rights or justifiable interest is infringed or damaged by another person’s registration or use of a domain name may apply for mediation before the Committee.
② A person who desires to apply for mediation under Paragraph 1 shall submit a Complaint and related material, in writing or via telecommunication network to the Committee, and pay the mediation fee specified by this policy.
③ When submitting the Complaint and related material under Paragraph 2 in writing, the Applicant shall provide the designated number of additional copies as specified by the Committee along with the original copies.

Article 4 (Service of Complaint) ① Once the Applicant submits the Complaint and related material supporting its argument and pays the mediation fee, the Committee shall notify the Respondent thereof and simultaneously serve on the Respondent the Request for Answer, as separately specified by the Committee, with the Complaint, etc.
② Although the notice and Complaint, etc., specified in Paragraph 1 are not delivered to the Respondent due to inaccurate domain name registration information arising from the Respondent’s intentional act or negligence, the mediation procedure, such as organization of the Panel, shall not be suspended.

Article 5 (Submission of Answer) ① The Respondent shall submit an Answer and related material supporting his argument, as separately specified by the Committee, in writing or via telecommunication network to the Committee within fourteen (14) days after receiving the Complaint,  etc.
② If it is difficult to submit an Answer within the period under Paragraph 1, the Respondent may request an extension to submit an Answer, specifying the reason for such extension request.

Article 6 (Organization of Panel) ① Upon the submission of the Answer or lapse of period to submit the Answer without such, the Committee shall promptly organize the Panel which will deliberate the Case and notify both Parties of such fact.
② The Committee shall organize single-member Panel or three-member Panel upon the selection of the Parties.

Article 7 (Exclusion, Challenge and Preclusion of Panelist) ① In any of the following cases, the Panelist shall be excluded from the organization of a Panel for the respective Case:
1. When a Panelist or his/her spouse or ex-spouse is a Party or has relationship as the joint right-holder or the joint obligor regarding the Case; 
2. When a Panelist has or had kinship, by marriage or otherwise, with a Party;
3. When a Panelist has made any testimony or performed any appraisal regarding the Case; or
4. When a Panelist is or has been involved in the Case as an agent or an official or employee, of a Party.
② A Party may file an application for recusal to the Committee if there exist any circumstances that make it difficult to anticipate fairness of a Panelist. In such case, if the Committee finds the application appropriate, the Committee shall make a decision to recuse such Panelist.
③ If a Panelist falls under the case in Paragraphs 1 or 2, the Panelist may voluntarily apply for exclusion of himself or herself during the Panel organization procedure.

Article 8 (Deliberation by Panel) ① The deliberation by Panel shall be made in principle through examination on documents, etc. submitted by the Parties in writing or through telecommunication network.
② If it is necessary, the Panel may request the Parties to submit material other than the material already submitted.  Provided, however, that, in such case, the Panel shall give equal opportunity  to both Parties.
③ After the Panel is organized, whether to accept or reject the statement or material provided or submitted by the Parties shall be decided by the Panel in the respective Case.

Article 9 (Standards for Decision) ① If the Respondent’s use of a domain name falls under any of the followings, the Panel may decide that the Respondent’s domain name registration should be transferred to the Applicant  or cancelled:
1. The Respondent’s use of the domain name infringes the Applicant’s right on a trademark or service mark registered in Korea.
2. The Respondent’s use of the domain name causes confusion with the Applicant’s  products or business operations widely known in Korea.
3. The Respondent’s use of the domain name damages the power of discernment or reputation of the Applicant’s name, designation, trademark, service mark or trade name, etc. well known in Korea.
② The Panel may make the same decision specified in Paragraph 1 if the Respondent’s domain name registration, ownership or use is conducted for the purpose to interfere the registration or use of the domain name by the party who has legitimate grounds of claim or to obtain unjustifiable profit including but not limited to for selling or renting the domain name to a party who has legitimate ground of claim on a trademark or other designations.
③ Notwithstanding Paragraphs 1 and 2, the Panel may dismiss the application if the Respondent’s domain name is identical with the name, designation, trademark, service mark or trade name for which the Respondent has legitimate grounds of claim, or the Respondent has the legitimate rights or interest to register or use the domain name.

Article 10 (Combined Deliberation) In case there is a dispute over multiple domain names between the same Parties, a Party may request a combined deliberation to the Panel which has been organized first. The Panel that received such request may carry out the combined deliberation for some or all of the respective domain names.

Article 11 (Communication between Parties and the Panel) All communication between the Parties and the Panel shall be conducted through the Committee.

Article 12 (Decision) ① The Panel shall make a decision and notify the Committee thereof within fourteen (14) days from its organization. However, if it is difficult to make a decision within the time period mentioned above, the Panel shall inform the Committee of the respective reason and the expected date to make a decision.
② The Panel shall submit a written decision stating the reasons for the decision, decision date and name of the respective Panelists.
③ The decision of the three-member Panel shall be made by majority. In the case of any opposition, the decision shall include the opposing opinion.
④ The Committee shall  forward copies of the decision to the Parties via registered mail after receiving the decision.

Article 13 (Effect of Decision) ① If the Respondent fails to submit each of the following documents to the Committee within fourteen (14) days of receiving the transfer or cancellation decision from the Panel, the Applicant may apply to the Committee for enforcement of the decision:
1. A certificate proving that the Respondent has filed a lawsuit regarding the respective domain name before a competent court; or
2. A certificate proving that the Respondent has filed for arbitration by mutual consent between the Parties.
② If the Respondent submitted the document specified under Paragraph 1-1 within the period specified under Paragraph 1, the Applicant may apply to enforce the transfer or cancellation decision of the Panel by submitting judgment, etc. which can prove that the lawsuit has been withdrawn (including being presumed to be withdrawn) or the lawsuit filed by the Respondent has been dismissed or rejected and the judgment for dismissal or rejection has been confirmed.
③ If receiving the application specified under Paragraph 1 or 2 from the Applicant, the Committee shall make the Registration Agent execute the decision.
④ If the Panel dismisses the Case, the Committee shall immediately cancel all measures on the domain name undertaken by the mediation application, including the restriction on modification of the registration information.

Article 14 (Termination by Settlement, etc.) ① If the Parties reconciliated the dispute before the Panel’s decision, the Panel shall terminate the mediation procedure.
② If it recognizes that mediation is not appropriate, the Panel may refuse to mediate the Case.
③ If one of the Parties files a lawsuit before court against the other Party regarding the Case during the mediation procedure, the Panel may stop the mediation procedure and terminate the Case.

Article 15 (Mediation Fee, etc.) ① The Applicant bears the mediation fee specified in Appendix 1.
② If the mediation procedure is terminated before the Panel organization upon withdrawal of the application by the Applicant or other reason, the amount corresponding to the remuneration of the Panelist(s) shall be refunded.  After Panel organization, the mediation fee shall not be refunded.
③ The Committee shall not commence any procedure in response to the mediation application until the Applicant pays the mediation fee.
④ If the Applicant chose a single-member Panel, but the Respondent chose a three-member Panel, the Applicant and Respondent shall equally bear the difference.

Article 16 (Restrictions on Changes in Domain Name Registration Information) Regarding the domain name on which a mediation application is filed, the registrant and the Registration Agent of the respective domain name cannot change the registration information from the Commencement Date of the mediation procedure until the closing date of the mediation procedure.

Article 17 (Administration Agency and Registration Agent’s Involvement in the Dispute) Regarding the mediation procedure specified under this policy, the Administration Agency or the Registration Agent cannot become a Party or participant.

Article 18 (Exemption) ① Aside from intentional illegal conduct, the Committee and Panelists do not have any legal liability with respect to the mediation procedure specified under this policy.
② The Administration Agency and Registration Agent do not have any responsibility for the execution results in line with this policy.

Article 19 (Application to Unspecified Matters) Any detailed matters not specified under this policy shall be in accordance with the Detailed Rules for Domain Name Dispute Resolution.

Article 1 (Enforcement Date) This policy shall come into effect from the day on which the Committee gives its approval.