Graphic = Son Min-gyun

#SK Telecom subscriber Song (39) plans to travel to Europe with family during the May holiday, but he is troubled after hearing from an SK Telecom dealer that due to a lack of stock, it is impossible to replace his USIM (Subscriber Identity Module). This is because he cannot use the alternative to USIM replacement, the "USIM protection service," when utilizing roaming services abroad. The USIM protection service prevents the USIM from connecting to the network if it is inserted into a device that does not belong to the original owner.

#Earlier this month, SK Telecom subscriber Ahn (48) is in a situation where he must cancel his trip if he cannot replace his USIM before departure. Ahn said, "I need to be reachable while abroad because important contract negotiations are ongoing with my client, but I heard that using the USIM protection service means I cannot use roaming services," and added, "It seems that the communication company is at fault for the security breach, but the subscriber's "freedom of communication" is being infringed upon."

Last month, SK Telecom, which recognized a hacking attack, is offering the "USIM protection service" to prevent secondary harm to subscribers. However, subscribers planning to travel abroad during the May holiday are growing dissatisfied because subscribing to this service means they cannot use roaming services. Legal experts believe that since SK Telecom provided prior notice regarding the restrictions on international roaming usage, there will likely be no legal compensation liability.

◇ Concerns of "USIM crisis" at the airport

According to SK Telecom on the 1st, its subscribers cannot use the USIM protection service while utilizing roaming services abroad. However, SK Telecom indicated that it would enhance the service so that subscribers could use the USIM protection service even while roaming abroad within this month.

Currently, SK Telecom subscribers traveling abroad must give up the USIM protection service to be able to use roaming services. This is because the absence of the USIM protection service while roaming means that changing the USIM device abroad could hinder verification in SK Telecom's systems.

At this moment, SK Telecom subscribers traveling abroad have no alternatives to prevent hacking besides replacing their USIMs. Ryu Young-sang, president of SK Telecom, attended a parliamentary hearing on information technology on the 30th of last month, stating, "We plan to send as many USIMs as possible to the airport for replacement for those departing."

However, the number of SK Telecom subscribers, including those using budget phones, is about 25 million, while the current stock is only around 1 million. SK Telecom has announced that it will secure 5 million USIMs by the end of this month, but this number is far from sufficient to meet demand.

A telecommunications industry official noted, "From May 1, when the holiday begins, travelers will be crowded, and SK Telecom subscribers hoping to replace their USIMs will likely rush to the airport as well."

◇ SKT provides prior notice of inability to use the "USIM protection service" abroad

Both inside and outside the legal community, there are discussions that the current situation could escalate into an infringement of the freedom of communication. Freedom of communication is a fundamental right protected by the constitution, which includes the right of individuals to communicate freely while abroad. If SK Telecom's actions unreasonably restrict subscribers' freedom of communication, it could be viewed as an infringement of fundamental rights.

However, legal observers believe that because the company provided prior notice regarding the restrictions on international roaming usage, there are no legal defects, making it difficult to claim damages. Kim Ki-yun, a lawyer at Kim Ki-yun Law Office, commented, "Whether SK Telecom informed subscribers that the use of roaming would be restricted upon subscribing to the USIM protection service is a crucial variable in establishing liability for damages." He added, "Since the company provided prior notice, it will be difficult to receive compensation for damages."

Meanwhile, a lawyer from a major law firm, speaking on the condition of anonymity, emphasized that the terms of service include provisions allowing telecommunications companies to adjust or limit services under unavoidable circumstances. Therefore, it would be difficult to hold contractual liability. He also stated, "Because the company provided prior notice that communication would be limited abroad, it will be difficult to claim compensation for damages."

As of the 30th of last month, the number of subscribers to SK Telecom's USIM protection service was reported to be 11.67 million. It has been just eight days since SK Telecom announced the damages from the hacking incident, and already over 50% of the total subscribers (23 million) have subscribed to the service.