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Rules for Domain Name Dispute Resolution
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Rules for Domain Name Dispute Resolution
Enacted on January 19, 2005
Revised on January 27, 2005 Revised on July 15, 2005 Revised on June 6, 2006 Revised on March 26, 2008
Revised on June 13, 2008
Revised on February 20. 2009
Article 1 (Purpose) The purpose of these rules is to stipulate details for execution of the Domain Name Dispute Resolution Policy(hereinafter referred to as the “Policy”).
Article 2 (Definitions) Terms used in these rules are as defined in the policy.
Article 3 (Complaint) ① The Applicant shall follow the form in Appendix 1 when filing a Complaint for Domain Name Dispute Resolution under Article 3 Paragraph 1 of the policy.
② The Applicant shall submit the following in writing when filing the Complaint in accordance with Article 3 Paragraph 1 of the policy; 1. For a corporation, a certified copy of corporate registry and the resident registration of the representative; and for an individual, document to prove the identity of the person such as a certified copy of the resident registration 2. Other evidentiary documents or materials such as certified copy of registration constituting the ground of the right or justifiable interest which supports the Complaint. ③ The Committee shall, after confirming the receipt of the Complaint and related documents and the payment of the mediation fee, serve to the Respondent a copy of the Complaint and Request for Answer in the form of Appendix 2 by the method stipulated in Article 8 Paragraph 1. Article 4 (Answer) ① When the Respondent submit an Answer in accordance with Article 5 Paragraph 1 of the policy, the Respondent shall follow the form in Appendix 3.
② When submitting an Answer in accordance with Article 5 Paragraph 1 of the policy, the Respondent shall submit the following in writing; 1. For a corporation, a certified copy of corporate registry and the resident registration of the representative; and for an individual, document to prove the identity of the person such as a certified copy of the resident registration 2. Certificate of registration or any other evidential material which can support the Respondent’s assertion against the statement or allegation in the Complaint and the Respondent’s right to use or maintain the domain name in dispute. Article 5 (Extension For Submission of an Answer) ① If it is difficult for the Respondent to submit an Answer within the pre-set period for Answer, the Respondent may request an extension by submitting the Request for Extension in a form of Appendix 4, and the Committee may extend extra 14days of the period for answer if it finds it necessary.
② The Committee may also extend the period if both Parties agree in writing on such extension for submission of an Answer.
Article 6 (Appointment of Panelist) The Committee shall appoint the Panelist to a Panel based on the previously prepared list of order of appointment as the general rule.
Article 7 (Additional Documents) In the event the Panel demands other documents in addition to the Complaint and Answer under Article 8 Paragraph 2 of the policy by setting the submission period, the Parties shall submit such other documents within the designated period and the mediation deliberation shall be extended for such period. In this case, however, the period for submission of additional documents cannot be extended.
Article 8 (Notice) ① With respect to forwarding the relevant documents such as the Complaint, Answer, etc. to the Parties concerned, the documents shall be deemed to be served to the Party if the Committee undertakes any of the following measures;
1. when the relevant documents such as the Complaint, Answer, etc. is dispatched both of the mailing address and e-mail address in each of the followings: A. the mailing address or e-mail address of the registrant in the domain name registration information of the Administration Agency; B. the mailing address or e-mail address of the registrant that the Registration Agent possesses; C. the e-mail address operated under the respective domain name; or D. the e-mail address or e-mail link of the webmaster indicated in the webpage operated under the respective domain name. 2. when dispatched to the contact address which the Party concerned informed to the Committee. ② If there is any change in relation to the contact address and place, the Party shall promptly notify thereof to the Committee. ③ All notice to the Parties including notice of decision shall be regarded as served at the date as stipulated as follows; 1. In a case of registered mail, the date written on the certificate of receipt. 2. In a case of electronic mail, the date of transmission. ④ With regard to the service of decision, the period specified in Article 13 Paragraph 1 of the policy shall be calculated from the day under Paragraph 3-1 or 3-2 above, whichever is later. However, if the registered mail is returned because the mailing address of the Party is inaccurate, the decision shall be deemed to have served to such Party on the day when the e-mail notifying such registered mail return is transmitted. ⑤ The Committee shall copy and serve all documents which have been served to one Party to the counter Party. Article 9 (Language of Dispute Mediation Procedure) ① The language of the dispute mediation procedure shall be the Korean.
② Any and all documents in a language other than the Korean shall be submitted with the translation thereof. Article 10 (Mediation Fee) ① If the Applicant does not pay the mediation fee within seven (7) days after submission of the Complaint, the Complaint shall be regarded to have been cancelled.
② In the event that the Applicant chose single-member Panel but the Respondent chose three-member Panel, the Applicant shall pay the additional mediation fee within seven (7) days after receipt of payment notice on such additional mediation fee. If the Applicant fails to pay such amount, the Complaint shall be regarded to have been cancelled. ③ In the event that the Applicant chose single-member Panel but the Respondent chose three-member Panel, the Respondent shall pay the additional mediation fee by the time of Answer submission. If the Respondent fails to pay such amount, the mediation procedure shall be conducted by single-member Panel. ④ In the event that the Mediation Procedure is finished before appointing the Panel, only the panelist fee shall be refunded according to the chart 1. Article 11 (Disclosure of Decision) The Committee may arrange and publish the dispute mediation cases for reference by Internet users.
Article 12 (Effect of Decision) When notifying the decision, the Committee shall separately give the Respondent clear notice that the Respondent shall be regarded to agree to the decision unless the Respondent files an objection during the objection period.
Article 13 (Application to Unspecified Matters) Any detailed matters not specified under these rules may be separately determined by the Committee before the respective Panel is organized or by the respective Panel after the respective Panel is organized.
Supplementary Provisions (2005. 1. 19.)
Article 1 (Enforcement Date) These rules shall come into effect from the day on which the Committee gives its approval.
Supplementary Provisions (2005. 1. 27.)
Article 1 (Enforcement Date) These rules shall come into effect from the day on which the Committee gives its approval.
Supplementary Provisions (2005. 7. 15.)
Article 1 (Enforcement Date) These rules shall come into effect from the day on which the Committee gives its approval.
Supplementary Provisions (2006. 6. 16.) Article 1 (Enforcement Date) These rules shall come into effect from the day on which the Committee gives its approval.
Article 2 (Enforcement Date) The Refund of mediation fee prior to these rules shall be deemed to be done by these rules.
Supplementary Provisions (2009. 2. 20.) Article 1. (Enforcement Date) These rules shall come into effect from the day on which the Committee gives its approval. Article 2. (Transitional Measure concerning the Extension for Submission of an Answer) The extension for submission of an answer to continuing case as the date of this rule shall be governed by former rule.
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