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ENFORCEMENT DECREE OF THE ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC.

Presidential Decree No. 17684, Jul. 24, 2002

Amended by Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 19354, Feb. 22, 2006

Presidential Decree No. 19507, jun. 12, 2006

Presidential Decree No. 19783, Dec. 29, 2006

Presidential Decree No. 19958, Mar. 27, 2007

Presidential Decree No. 20329, Oct. 16, 2007

Presidential Decree No. 20351, Oct. 31, 2007

Presidential Decree No. 20587, Jan. 31, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21765, Oct. 1, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22424, Oct. 1, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22493, Nov. 15, 2010

Presidential Decree No. 22637, Jan. 24, 2011

Presidential Decree No. 22648, Jan. 28, 2011

Presidential Decree No. 24034, Aug. 13, 2012

Presidential Decree No. 24436, Mar. 23, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 27530, Sep. 29, 2016

Presidential Decree No. 28563, Dec. 29, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Consumer Protection in Electronic Commerce, Etc. and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 2 (Scope of Consumers)
"Person prescribed by Presidential Decree" in subparagraph 5 (b) of Article 2 of the Act on the Consumer Protection in Electronic Commerce , Etc. (hereinafter referred to as the "Act") means any of the following persons who consume or use goods or services (hereinafter referred to as "goods, etc.") supplied by business operators for purposes other than daily consumption: <Amended by Presidential Decree No. 24436, Mar. 23, 2013>
1. An end consumer or user of goods, etc.: Provided, That a person who consumes goods, etc. as raw materials (including intermediate materials) or as capital goods is excluded;
2. A business operator who falls under the proviso to Article 3 (1) of the Act, and purchases goods, etc. (limited to the relationship with a person who has sold relevant goods, etc.);
3. A person who has purchased goods, etc. for agriculture (including livestock farming) or fishery purposes: Provided, That a person engaged in deep-sea fishery under permission from the Minister of Oceans and Fisheries pursuant to Article 6 (1) of the Distant Water Fisheries Development Act is excluded.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 3 (Scope of Financial Products Excluded from Application of the Act)
"Transactions of financial instruments by financial companies, etc. prescribed by Presidential Decree" in Article 3 (4) of the Act means transactions of financial instruments that are directly offered by any of the following financial companies, etc.:
1. Institutions falling under subparagraphs 1 through 8 of Article 38 of the Act on the Establishment, etc. of Financial Services Commission;
2. Credit businesses or loan brokerage companies registered under Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users;
3. Financial companies established under other Acts and subordinate statutes or financial companies established under authorization, permission, etc. from central administrative agencies.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 4 (Acknowledgement of Validity of Electronic Documents Sent to Address not Agreed upon)
"Cases prescribed by Presidential Decree" in the proviso to Article 5 (1) of the Act means any of the following cases:
1. Where e-mails have been exchanged with a consumer on at least two occasions and electronic documents as defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions (hereinafter referred to as "electronic document") have been transmitted to the e-mail address;
2. Where the consumer has printed out the electronic documents;
3. Where it is not against the consumer's interest and he/she does not deny the validity of such electronic documents;
4. Where there arises an urgent need to contact and no other means than e-mails are available.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 5 (Procedures to Notify Validity, etc. of Digital Signature)
Pursuant to Article 5 (2) of the Act, every business operator shall include the following in the main part of the e-mail which contains the electronic document with a digital signature as defined in subparagraph 2 of Article 2 of the Digital Signature Act, or notify the consumer in advance:
1. Validity of an electronic document with a digital signature;
2. Method to print out an electronic document with a digital signature.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 5-2 (Exceptional Application of Acts Related to Protection of Personal Information)
"The provisions of the Acts related to the protection of personal information prescribed by Presidential Decree, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc." in Article 6 (2) of the Act means the following provisions:
[This Article Newly Inserted by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 6 (Transaction Records, etc. to be Preserved by Business Operators)
(1) The subject matter and scope of transaction records to be preserved, and period of such preservation by a business operator pursuant to Article 6 (3) of the Act shall be as follows: Provided, That a mail order broker under Article 20 (1) of the Act (hereinafter referred to as "mail order broker") shall preserve the following transaction records to the extent of the records managed through his/her data processing system: <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
1. Records related to indication and advertisement: Six months;
2. Records related to cancellation of contracts or subscriptions, etc.: Five years;
3. Records related to payment for and supply of goods, etc.: Five years;
4. Records related to resolution of consumer complaints or disputes: Three years.
(2) Business operators are obliged to provide consumers with the following methods for perusal and preservation of transaction records under Article 6 (3) of the Act:
1. To allow the consumer who is a party to a transaction to peruse and verify the transaction records at the relevant cybermall (referring to the cybermall set forth in subparagraph 4 of Article 2 of the Act; hereinafter the same shall apply) where the transaction has been made, and store them in the data processing system, etc., in electronic form;
2. To allow the consumer who is a party to a transaction to peruse or copy the transaction records at his/her request via visit, telephone, facsimile, e-mail, etc.: Provided, That where the works falling under any of Articles 4 through 6 (excluding works which can be copied under the Copyright Act) are included in the transaction records, copying thereof may be refused;
3. Where the business operator keeps the transaction records and the personal information of the consumer who has withdrawn his/her consent to the use of his/her personal information pursuant to Article 6 (2) of the Act, the business operator shall keep them separately from those of other customers who do not withdraw their consent to the use of their personal information.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 7 (Electronic Payment)
"Electronic means prescribed by Presidential Decree in the payment of the transaction amount" in Article 8 (1) of the Act means the payment made in the form of an electronic document: Provided, That this shall not apply where face-to-face identification is conducted.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 8 (Electronic Settlement Business Operators, etc.)
"Persons related with the electronic payment who are prescribed by Presidential Decree" in Article 8 (1) of the Act means the issuers of the relevant electronic means of settlement, providers of electronic settlement services or persons who assist in or intermediate the provision of electronic settlement services (hereinafter referred to as "electronic settlement business operators, etc."), falling under any of the following:
1. Financial companies under the Banking Act and other Acts and subordinate statutes, engaged in the transfer of funds between accounts;
2. Credit card business operators under subparagraph 2-2 of Article 2 of the Specialized Credit Finance Business Act;
3. Issuers of the means of settlement, characterized in that a monetary value or other equivalent value is recorded and stored in an electronic medium or a data processing system, which is payable at the time of purchasing goods, etc.;
4. Providers of information and communications services under subparagraph 3 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.;
6. Business operators of an agency or brokerage service for electronic settlement.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 9 (Procedures for Confirming Notices on Electronic Payment)
Each business operator, electronic settlement business operator, etc. shall provide consumers with a window for electronic settlement prepared by an electronic settlement business operator, etc. through which a consumer can choose whether or not to consent to the matters stipulated in the subparagraphs of Article 8 (2) of the Act after confirmation. In such cases, the business operator, electronic settlement business operator, etc. shall not proceed with the confirmation procedure by way of providing the indication of consent before the consumer chooses whether to consent thereto.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 10 (Resolution of Disputes over Electronic Payment)
Where a business operator or consumer requests resolution of a dispute pursuant to Article 8 (5) of the Act, explaining that a dispute has arisen, the electronic settlement business operator, etc. shall, without delay, cooperate in the following within the extent necessary for resolution of the dispute:
1. To allow perusal and copy of the information (including the information on the authentication of the customer) regarding the payment of the price, which has caused such dispute;
2. To allow perusal and copy of the information related to the measures for maintaining confidentiality taken by the electronic settlement business operator, etc. in connection with the payment, which has caused such dispute: Provided, That they may refuse to disclose information that are likely to undermine confidentiality.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 11 (Cooperation by Delivery Business Operators, etc. in Resolution of Disputes)
Where a consumer requests any cooperation, explaining the occurrence of a dispute, a business operator conducting the delivery of goods, etc. shall, without delay, cooperate in the following pursuant to Article 9 (1) of the Act within the extent necessary for resolution of such dispute:
1. Perusal or provision of the records related to delivery;
2. Perusal of records to confirm the facts related to accidents or obstruction.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 11-2 (Cooperation by Hosting Service Providers in Resolution of Disputes)
(1) "Data prescribed by Presidential Decree, such as personal identification information of the business operator" in Article 9 (3) of the Act means the following: <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
1. Name and resident registration number of the business operator (if requested by a consumer under Article 9 (3) 1 of the Act, referring to the date of birth);
2. Trade name (in cases of a corporation, including the name and resident registration number of its representative (if requested by a consumer under Article 9 (3) 1 of the Act, including the date of birth)), address, and telephone number.
(2) "Entities prescribed by Presidential Decree" in Article 9 (3) 5 of the Act means the following:
1. The Korea Consumer Agency established under Article 33 of the Framework Act on Consumers (hereinafter referred to as "Korea Consumer Agency");
2. The Consumer Dispute Mediation Commission established under Article 60 of the Framework Act on Consumers (hereinafter referred to as "Consumer Dispute Mediation Commission");
3. The Electronic Document and E-Commerce Mediation Committee established under Article 32 of the Framework Act on Electronic Documents and Transactions (hereinafter referred to as "E-Commerce Mediation Committee");
4. The Content Dispute Resolution Committee established under Article 29 of the Content Industry Promotion Act (hereinafter referred to as "Content Dispute Resolution Committee").
[This Article Newly Inserted by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 11-3 (Methods of Operating System for Filing Requests for Relief of Consumers by Proxy)
(1) A provider of information and communications services defined in Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., who operates a message board defined in Article 2 (1) 9 (hereinafter referred to as "provider of electronic message board services), shall operate a system for filing requests for relief of consumers by proxy pursuant to Article 9-2 (1) 2 of the Act in the following manner:
1. He/she shall indicate services of each mediation organization dedicated to resolution of disputes over consumer damage referred to in Article 33 (1) of the Act (hereinafter referred to as "dispute mediation organization") and procedures for damage relief on the relevant message board for consumers to select a dispute mediation organization;
2. He/she shall indicate the fact that he/she shall file a request for relief of a consumer by proxy with the mediation organization dedicated to resolution of disputes over consumer damage at the request of the consumer and the procedures for acting by proxy.
(2) Where a consumer requests to file a request for damage relief by proxy, a provider of electronic message board services shall deliver the matters requested by the consumer to the dispute mediation organization designated by the consumer and notify such fact to the consumer without delay.
(3) "Matters prescribed by Presidential Decree" in Article 9-2 (1) 3 of the Act means the matters referred to in Article 9-2 (1) 1 and 2, (2) and (3) of the Act, which are prescribed by standardized terms and conditions as the matters to be performed by a provider of electronic message board services.
[This Article Newly Inserted by Presidential Decree No. 27530, Sep. 29, 2016]
 Article 11-4 (Indications by Cybermalls)
"Matters prescribed by Presidential Decree" in Article 10 (1) 6 of the Act means the trade names of persons who provide hosting services under Article 9 (2) of the Act (hereinafter referred to as "hosing services"). <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
[This Article Newly Inserted by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 12 (Confirmation, etc. of Information on Consumers)
"Necessary measures prescribed by Presidential Decree, such as verification of identity or recovery from damage" in Article 11 (2) of the Act means any of the following:
1. Verification of illegal use and provision of transaction records related to the relevant consumer, if requested by the consumer;
2. Restoration of the information related to the consumer that has been forged by illegal use;
3. Recovery from damage caused by illegal use.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 13 (Procedures for Reporting by Mail Order Distributors)
(1) A mail order distributor who intends to report pursuant to Article 12 (1) of the Act shall submit a written report (including a written report compiled in electronic form) prescribed by Ordinance of the Prime Minister to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) having jurisdiction over its principal office (where its principal office is located overseas, submission shall be made to the Fair Trade Commission). In such cases, where a mail order distributor intends to operate prepaid mail order business under the main sentence of Article 15 (1) of the Act, a written report shall be accompanied by the following: <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
1. Documents prepared in the forms prescribed by Ordinance of the Prime Minister to verify the use of an escrow system under Article 13 (2) 10 of the Act or the conclusion of a contract, etc., of consumer damage compensation insurance under the subparagraphs of Article 24 (1) of the Act;
2. In cases of transactions stipulated in the subparagraphs of Article 24 (3) of the Act, written explanations.
(2) Upon receipt of a report filed under paragraph (1), the Fair Trade Commission, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall confirm the following by sharing administrative information provided for in Article 36 (1) of the Electronic Government Act, and where the person who filed the report does not consent to the proviso to subparagraph 1 or to the confirmation of the document prescribed in subparagraph 2, he/she shall have the person submit the relevant documents (in cases falling under subparagraph 2, referring to the copy thereof): <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
1. A certificate of registered matters of the corporation (limited to corporations): Provided, That where the report is filed before a corporation is registered, it shall refer to the certified copies of the resident registration cards of the incorporators for the establishment of the corporation;
2. A business registration certificate.
(3) Upon receipt of a report pursuant to paragraph (1), the Fair Trade Commission, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a certificate thereof prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 14 Deleted. <by Presidential Decree No. 24034, Aug. 13, 2012>
 Article 15 (Matters to be Reported by Mail Order Distributors)
"Matters prescribed by Presidential Decree" in Article 12 (1) 3 of the Act means the name and resident registration number (limited to an individual) of the business operator.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 16 (Reports on Changes by Mail Order Distributors)
(1) A person who intends to report on changes pursuant to Article 12 (2) of the Act shall submit a report prescribed by Ordinance of the Prime Minister, accompanied by the document evidencing such changes, to the Fair Trade Commission, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, within 15 days from the date of such changes. <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
(2) Upon receipt of a report under paragraph (1), the Fair Trade Commission, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall confirm the changes and reissue the certificate of report stating such changes. <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 17 (Reports on Temporary or Permanent Closure or Resumption of Business)
When temporarily or permanently closing his/her business or resuming the business pursuant to Article 12 (3) of the Act, a mail order distributor shall, in advance, submit a report prescribed by the Ordinance of the Prime Minister to the Fair Trade Commission, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: Provided, That in cases of permanent closure of business, he/she shall attach the certificate of report issued earlier or a statement of reasons (limited to case where the certificate of report is lost or damaged. <Amended by Presidential Decree No. 27530, Sep. 29, 2016; Presidential Decree No. 28563, Dec. 29, 2017>
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 18 (Reports in Electronic Documents)
(1) Where reports provided for in Articles 13, 16, and 17 are filed by means of electronic documents, they may be filed with a data processing system designated by the Fair Trade Commission.
(2) With respect to the matters for which it is difficult to submit relevant materials by electronic means, it may be allowed to submit such documents by mail or any other means within one month, and in such an event, they shall be deemed to have been reported on the date of initial electronic reporting.
(3) Except as otherwise expressly prescribed in paragraphs (1) and (2), matters necessary for handling acceptance of reports filed in electronic format shall be prescribed by Ordinance of the Prime Minister.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 19 (Disclosure of Information on Mail Order Distributors)
(1) Where the Fair Trade Commission discloses information pertaining to a mail order distributor pursuant to Article 12 (4) of the Act, it shall inform the mail order distributor of the details and methods thereof in advance, and provide an opportunity to correct discrepancies, if any.
(2) Where the Fair Trade Commission discloses information pertaining to a mail order distributor pursuant to paragraph (1), the Fair Trade Commission shall not disclose his/her resident registration number (in the case of a corporation, including that of its representative).
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 19-2 (Issuance of Documents Related to Contents of Contracts to Persons who are Supplied with Goods, etc.)
"Where any ground prescribed by Presidential Decree exists" in the proviso to Article 13 (2) of the Act means any of the following cases:
1. Where a contractor has consented to issue a document (including an electronic document) related to the contents of the contract to the person who is supplied with goods, etc.;
2. Where the documents related to the contents of a contract cannot be issued to the contractor on the ground that it is impossible for the mail order distributor to know the address (including an e-mail address) of the contractor without his/her intention or negligence.
[This Article Newly Inserted by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 19-3 (Scope, etc. of Third Parties)
(1) "Third party prescribed by Presidential Decree" in Article 13 (2) 10 of the Act means any of the following:
1. A business operator who is registered with the Financial Services Commission to provide an escrow system referred to in Article 13 (2) 10 of the Act under Article 28 (2) 5 of the Electronic Financial Transactions Act and Article 15 (3) 1 of the Enforcement Decree of the same Act and who meets all of the following requirements:
(a) The person shall have concluded a consumer compensation insurance contract, etc. provided for in Article 24 (1) of the Act (hereinafter referred to as "consumer compensation insurance contract, etc.");
(b) The person shall have deposited money paid by consumers in the accounts opened and notified exclusively for such deposit with financial institutions provided for in Article 38 of the Act on the Establishment, etc. of Financial Supervisory Organizations or postal agencies provided for in the Postal Savings and Insurance Act;
2. A financial institution provided for in the proviso to Article 28 (2) of the Electronic Financial Transactions Act.
(2) A consumer compensation insurance contract, etc. which is required to be concluded by business operators provided for in paragraph (1) 1 under paragraph (1) 1 (a) shall meet all of the following requirements:
1. It shall state that the business operator shall indemnify damage caused by his/her failure or inability to make a refund to a consumer under subparagraph 4 of Article 28-3;
2. The insured or beneficiary shall be a consumer whose payment is deposited in an escrow account;
3. The contract amount of a consumer compensation insurance contract, etc. shall be at least ten percentage of the balance of the payment deposited by consumers (where the contract amount needs to be changed, adjustments shall be made without delay, and where it is difficult to change the contract amount at any time, it shall be adjusted based on the balance of the settlement prices as of the end of every month);
4. It shall not limit the scope of the injured party or the liability of the insurer or the business operator without any justifiable ground;
5. It shall ensure prompt and convenient payment of compensation for damages to a customer and, where such payment is delayed, the compensation for the delay shall be paid;
6. It shall not restrict the means any consumer adopts to express his/her opinion without any justifiable ground and shall not impose an excessive burden of proof on the consumer;
7. It shall not contain terms and conditions that are likely to cause a unpredictable risk or damage, or disadvantageous to a customer;
8. An insurance contract or a debt repayment guarantee contract shall be concluded with an insurance company as defined in subparagraph 6 of Article 2 of the Insurance Business Act or a bank as defined in Article 2 (1) 2 of the Banking Act.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 20 (Matters to be Stated in Contracts)
"Matters prescribed by Presidential Decree" in Article 13 (2) 11 of the Act means the following:
1. Details and amount of the expenses for exchange, return, or other extra expenses to be paid by consumers, if any, in addition to the price of goods, etc.;
2. Details of the restrictions on the terms of sale, such as date, area, quantity of sales, and place of delivery, if any.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 21 (Restriction on Cancellation, etc., of Orders)
"Other cases prescribed by Presidential Decree" in Article 17 (2) 6 of the Act means where it is expected that allowing cancellation, etc. of orders for goods which are separately produced upon consumer’s order or other goods, etc. similar thereto pursuant to Article 13 (2) 5 of the Act (hereinafter referred to as “cancellation, etc. of orders”) would cause a serious, unrecoverable loss to the mail order distributor, and where such fact has been separately notified in advance with respect to the relevant transaction and the consumer's written consent has been obtained (including electronic documents). <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 21-2 (Methods of Providing Test Goods, etc.)
Pursuant to the proviso to Article 17 (6) of the Act, a mail order distributor shall provide test goods, etc., to a consumer by at least one means classified as follows:
1. Permission for partial use: Provision of part of digital content by such means as preview or pre-listening, etc.;
2. Permission for use for a limited time: Provision of digital content by setting a specific time period of use;
3. Provision of digital contents for experience: Provision of digital content, only limited functions of which can be used;
4. Where it is impractical to provide test goods, etc., by methods referred to in subparagraphs 1 through 3: Provision of information on digital content.
[This Article Newly Inserted by Presidential Decree No. 27530, Sep. 29, 2016]
 Article 21-3 (Interest Rate on Compensation for Late Payment)
"Interest rate prescribed by Presidential Decree" in the latter part of Article 18 (2) of the Act means 15 percent per annum. <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 22 (Means of Settlement subject to Suspension or Cancellation of Requests for Payment upon Cancellation, etc. of Orders)
"Other means of settlement prescribed by Presidential Decree" in the main sentence of Article 18 (3) of the Act means the means of settlement, other than cash (including payment in transfer of funds between accounts) directly paid by a consumer who has bought the goods, etc., which has the same effect on the relevant consumer as the refund where the request for payment to the business operator who has supplied the relevant means of settlement (hereinafter referred to as "settlement business operator") is suspended, or cancelled, or where a refund is made to the settlement business operator.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 23 (Offset against Debts)
(1) Where a consumer requests an offset by following methods, the settlement business operator may promptly comply with the request pursuant to the latter part of Article 18 (6) of the Act:
1. The request shall be made in a document (including an electronic document) stating the amount to be refunded, etc.;
2. The request shall be accompanied by data evidencing the fact that the order has been cancelled within the period prescribed in the subparagraphs of Article 17 (1) of the Act or Article 17 (3) of the Act and that the goods, etc. have been returned pursuant to Article 18 (1) of the Act (where the mail order distributor has refused to accept the goods, etc. that the consumer returned to his/her address stated in the contract, a document verifying such fact shall be attached).
(2) Where a settlement business operator conducts an offset pursuant to paragraph (1), he/she shall send the document (including an electronic document) stating such fact, details of the amount, etc. to the relevant mail order distributor and consumer without delay.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the offset by the settlement business operator shall be prescribed by Ordinance of the Prime Minister.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 24 (Scope of Expense Payment Request in case of Partial Consumption of Goods, etc.)
"Amount within the extent prescribed by Presidential Decree" in Article 18 (8) of the Act means the following:
1. Where the resale of the consumable parts is difficult or the resale price drops substantially due to the use of the goods, etc., expenses incurred in supplying the consumable parts concerned;
2. Where the goods, etc. are composed of a number of identical separable parts, expenses incurred in supplying the portion partially consumed by the consumer.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 25 (Provision of Information by Mail Order Brokerage Business Operators)
(1) "Name (where the business operator is a corporation, its name and the name of its representative), address, telephone number and other matters prescribed by Presidential Decree" in Article 20 (2) of the Act means the matters provided for in the subparagraphs of Article 13 (1) of the Act and business registration number, and includes the following information where a mail order brokerage business operator referred to in Article 20 (2) of the Act (hereinafter referred to as "mail order brokerage business operator") has such information: <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
1. Identification information confirmed by a licensed certification authority (referring to a licensed certification authority defined in subparagraph 10 of Article 2 of the Digital Signature Act; hereinafter the same shall apply) or a credit information company defined in subparagraph 5 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply);
2. Information on the credit rating of a requester of mail order brokerage provided by the relevant mail order brokerage business operator.
(2) "Name, telephone number and other matters prescribed by Presidential Decree" in Article 20 (2) of the Act means the name, date of birth, address, telephone number, and e-mail address, and includes the following information where a mail order brokerage business operator has such information: <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
1. Identification information confirmed by a licensed certification authority or a credit information company;
2. Information on the credit rating of a requester of mail order brokerage provided by the relevant mail order brokerage business operator
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 25-2 (Details of Measures for Resolultion of Customer Complaints or Disputes)
A mail order broker shall take the following measures pursuant to Article 20 (3) of the Act:
1. He/she shall secure human resources and facilities to receive and deal with the disputes or complaints arising between requesters of mail order brokerage and consumers;
2. He/she shall prepare guidelines for resolution of the disputes or complaints arising between mail order brokers or requesters of mail order brokerage and post them at the cybermall;
3. He/she shall examine the causes of the complaints or disputes, etc. raised by consumers and inform them of the processing progress within three business days, and inform them of the examination results or the measures to be taken within ten business days.
[This Article Newly Inserted by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 26 (Use of Consumer Information for Delivery, etc. of Goods, etc.)
"Cases prescribed by Presidential Decree" in Article 21 (1) 6 (a) of the Act means the following cases:
1. Where a person engaged in delivery or forwarding of goods, etc. provides delivery or forwarding services to the persons he/she is entrusted with;
2. Where a person engaged in installation of goods, etc., after-sales service, and other contracted services provides the relevant services to the persons he/she is entrusted with.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 27 (Use of Consumer Information for Prevention of Identity Theft)
"Cases prescribed by Presidential Decree" in Article 21 (1) 6 (c) of the Act means the following cases:
1. Where a consumer’s information is provided to any of the following persons in order to confirm his/her identity, real name, or true intention :
(a) A key communications business operator under Article 5 (3) 1 of the Telecommunications Business Act;
(b) A credit information company or a credit information collection agency defined in subparagraph 5 or 6 of Article 2 of the Credit Information Use and Protection Act;
(c) An electronic settlement business operator, etc. directly involved in the payment for the relevant transaction;
(d) A person who runs a business of verifying the real names of consumers for the purpose of preventing identity theft under authorization or permission prescribed by Acts and subordinate statutes;
2. Where the consumers’ information is used to verify the consent of a legal guardian in undertaking a transaction with a minor.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 28 (Contracts, etc., of Consumer Damage Compensation Insurance)
(1) A contract, etc., of consumer damage compensation insurance, which the Fair Trade Commission encourages to conclude pursuant to the main sentence of Article 24 (1) of the Act, shall satisfy the following:
1. That compensation shall be paid for any damage caused to customers by non-performance of the duty to refund upon the exercise of the right to cancel orders, etc., or the duty to supply goods, etc.;
2. That the insured or beneficiary shall be the buyer of the goods, etc., sold by the person who concluded the relevant contract, etc., of consumer damage compensation insurance;
3. That the insurance amount shall be at least that prescribed by the Fair Trade Commission, up to the transaction amount of the goods, etc.;
4. That the scope of damage indemnity and the liabilities of the insurers or the sellers of goods, etc., shall not be limited unless any justifiable grounds exist;
5. Matters referred to in Article 19-3 (2) 5 through 8.
(2) A mail order distributor who intends to operate a prepaid mail order business under Article 24 (2) of the Act shall submit documents provided for in the subparagraphs of Article 13 (1) to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu with whom a report on the mail order business is filed under Article 12 (1) of the Act before commencing such prepaid mail order business. <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
(3) A contract, etc., of consumer damage compensation insurance shall meet all of the following requirements in accordance with Article 24 (5) of the Act:
1. That compensation shall be paid for any damage caused to customers by unavailability of the rights guaranteed by the electronic means of settlement that they have purchased;
2. That the insured or beneficiary shall be the buyer of the electronic means of settlement;
3. That the contract amount shall be up to ten percentage of the balance of the issued value of the electronic means of settlement, which is within the validity of a claim under the Commercial Act and issued by the issuer of electronic settlement, but not less than the amount prescribed by the Fair Trade Commission (excluding the amount deposited at the institutions (excluding dealers engaged concurrently in credit business provided for in subparagraph 6) provided for in subparagraphs 1 through 8 of Article 38 of the Act on the Establishment, etc. of Financial Services Commission and postal agencies dealing with postal savings or postal insurances under the Postal Savings and Insurance Act, and where obligations, such as debt guarantee similar thereto, are fulfilled pursuant to other statutes, it refers to the amount calculated after deducting the relevant amount);
4. That the scope of damage indemnity or the liabilities of the insurers or the issuers of an electronic means of settlement shall not be limited without any just grounds;
5. Matters referred to in Article 19-3 (2) 5 through 8.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), the detailed standards for the contract, etc., of consumer damage compensation insurance reflecting the characteristics of the goods, etc. or transactions, details and procedures of damage compensation, and matters necessary for the use of a mark for the contract, etc., of consumer damage compensation insurance shall be prescribed by Ordinance of the Prime Minister.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 28-2 Deleted. <by Presidential Decree No. 27530, Sep. 29, 2016>
 Article 28-3 (Methods to Pay Settlement Deposit)
A third party provided for in Article 19-3 (1) (hereinafter referred to as "third party") shall pay the settlement deposit to a mail order distributor or make a refund to a consumer by the following methods pursuant to Article 24 (4) of the Act:
1. The third party shall request the consumer (including any person supplied with the goods, etc. where the third party obtains the consent thereto from the consumer; hereafter the same shall apply in subparagraphs 2 and 3) who has purchased the goods, etc. to notify that he/she has received the goods, etc. within three business days from the date of such receipt (where the party to the transaction agrees on a longer period than three business days, referring to the period; hereinafter the same shall apply) and the third party shall pay the settlement amount to the mail order distributor after being notified by the consumer that the goods, etc. have been supplied;
2. At the time of requesting the consumer to make such notification pursuant to subparagraph 1, the third party shall notify him/her that payment may be made to the mail order distributor when the consumer fails to notify that he/she has been supplied with the goods, etc. after the lapse of three business days from the date of receipt;
3. Where the consumer fails to make such notification within three business days without any justifiable grounds therefor, the third party may pay the settlement amount to the mail order distributor as specified below:
(a) When the consumer fails to make the notification within the fixed period of time despite a notification under subparagraph 2;
(b) When three business days lapse after the third party notifies the consumer of the fact if the third party fails to make a notification under subparagraph 2;
4. Where the grounds for refund arise before the third party pays the settlement amount to the mail order distributor, the refund shall be made to the consumer.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 28-4 (Authorization, etc. for Mutual-Aid Associations)
Articles 45, 47 and 48 of the Enforcement Decree of the Act on Door-to-Door Sales, Etc. shall apply mutatis mutandis to the authorization, matters to be included in the articles of association, the operation and supervision of a mutual-aid association established under Article 24 (10) of the Act.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 28-5 (Composition, etc. of Investigation Teams)
(1) An investigation team to be established under Article 26 (6) of the Act (hereafter referred to as "investigation team" in this Article) shall consist of a chief and other members.
(2) A public official belonging to the Fair Trade Commission shall be the chief of the team referred to in paragraph (1), and public officials belonging to the Fair Trade Commission and the employees of the Korea Consumer Agency designated by its president shall be team members.
(3) Where the Fair Trade Commission intends to organize an investigation team, it shall request the president of the Korea Consumer Agency to designate team members by a document stating the duration and subject of the investigation and the number of persons required.
(4) The activities of an investigation team shall be performed under the control and supervision of its chief.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 29 (Requests for Data Submission, etc. Made to Agencies or Organizations Related to Consumer Protection)
(1) Submission or sharing of data pursuant to Article 27 (3) of the Act shall be requested in writing (including electronic documents) stating the following:
1. Purpose;
2. Use;
3. Specific scope of data to be submitted or shared.
(2) The Fair Trade Commission shall not use the data, which has been submitted by or shared with the agencies or organizations performing consumer protection-related businesses in electronic commerce transactions or mail orders pursuant to Article 27 (3) of the Act, for purposes other than the purpose and use informed beforehand pursuant to paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 30 (Disclosure, etc. of Information on Violations, etc.)
(1) Where the Fair Trade Commission intends to disclose information pursuant to Article 28 of the Act, it shall notify the relevant business operator beforehand of the information to be disclosed and give him/her an opportunity to explain.
(2) The Fair Trade Commission may disclose information and explanation, etc. under paragraph (1) through its web-site, etc. so that they can be widely known to consumers.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 31 (Fairness of Evaluation and Authentication)
(1) Any evaluation and authentication business operator under Article 29 (1) of the Act shall publicly notify the following, as prescribed by the Fair Trade Commission:
1. Name of the evaluation and authentication business operator;
2. Address or location of the business place;
3. Scope of evaluation and authentication;
4. Date of the commencement of evaluation and authentication business;
5. Matters concerning the standards, procedures, and methods of evaluation and authentication.
(2) The matters stipulated in the subparagraphs of paragraph (1) shall be notified to the public in such a way that consumers can easily peruse and confirm.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 32 (Duty to Report)
Where a Special Metropolitan City Mayor, a Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") makes a recommendation for correction under Article 30 (1) of the Act, he/she shall report thereon to the Fair Trade Commission, and where the head of a Si/Gun/Gu makes such recommendation, he/she shall report to the Fair Trade Commission and the relevant Mayor/Do Governor, without delay. In such cases, such report may be filed in electronic form. <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 33 (Public Announcement of Corrective Measures Imposed and Measures Necessary for Prevention and Relief of Damage to Consumers)
(1) When the Fair Trade Commission intends to order business operators to publicly announce that corrective measures imposed on them pursuant to Article 32 (3) of the Act, it shall clarify the details and frequency of such announcements in consideration of the following:
1. Details and severity of the violation;
2. Duration and frequency of the violation;
3. Extent and severity of consumers' damage caused by such violation.
(2) Measures necessary for the prevention and relief of damage to consumers under Article 32 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
1. Measures to impose an obligation to secure human resources or facilities necessary to deal with the disputes or complaints arising between the business operator and consumers;
2. In cases of refusal of, or delay in, a refund, measures to refund the amount computed by adding an amount calculated by multiplying the rate prescribed in Article 21-3 and the period calculated from when three business days have elapsed from the date goods, etc., were returned until measures are taken;
3. In the case of refusal of exchange of goods, etc., measures to exchange them.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 34 (Suspension of Business)
The criteria for suspension of business pursuant to Article 32 (4) of the Act are as stipulated in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 34-2 (Method, etc., of Issuing Order for Temporary Suspension)
(1) Pursuant to Article 32-2 (1) of the Act, the Fair Trade Commission may issue an order for temporary suspension of all or some of the electronic commerce transactions or mail orders until an order to take corrective measures under Article 32 (2) of the Act or to fully or partially suspend business under paragraph (4) of the same Article is issued.
(2) "Measures prescribed by Presidential Decree, such as the suspension of provision of the relevant service" in Article 32-2 (2) of the Act means the measures classified as follows which are taken against a business operator who conducts the relevant electronic commerce transactions or the mail order distributor:
1. A hosting service provider: Suspension of provision of hosting services;
2. A mail order broker: Suspension of acts of allowing the use of a cybermall or acts of intermediating mail orders;
3. A provider of electronic message board services: Suspension of provision of electronic message board services or blocking of posts on his/her electronic message board.
[This Article Newly Inserted by Presidential Decree No. 27530, Sep. 29, 2016]
 Article 34-3 (Methods of Requesting Orders for Temporary Suspension)
(1) "Any other institution or organization prescribed by Presidential Decree" in Article 32-2 (3) of the Act means any of the following institutions or organizations:
1. The Korea Consumer Agency;
2. The Consumer Dispute Settlement Commission;
3. The E-Commerce Mediation Committee;
4. The Content Dispute Resolution Committee;
5. Any other dispute mediation organization established and operated in accordance with the statutes related to consumer protection.
(2) An institution or organization referred to in Article 32-2 (3) of the Act which intends to request the Fair Trade Commission to order the temporary suspension pursuant to the same paragraph, shall submit a written request specifying the following matters to the Fair Trade Commission:
1. The name of the consumer organization, institution or organization, and the name, address, and telephone number of the its representative;
2. The name of the business operator conducting electronic commerce transactions or mail order distributor;
3. Details of the electronic commerce transactions or mail orders, the temporary suspension of which is requested;
4. Reasons for requesting an order for temporary suspension.
[This Article Newly Inserted by Presidential Decree No. 27530, Sep. 29, 2016]
 Article 34-4 (Raising Objection to Order for Temporary Suspension)
A person who intends to raise an objection pursuant to Article 32-2 (4) of the Act, shall submit an application specifying the subject matter and details of, and the reasons for, raising the objection, and other relevant matters to the Fair Trade Commission, accompanied by the documents that verify the reasons and details of raising the objection.
[This Article Newly Inserted by Presidential Decree No. 27530, Sep. 29, 2016]
 Article 35 (Dispute Mediation Organizations on Consumer Damage)
"Dispute mediation organization on consumer damage prescribed by Presidential Decree" in Article 33 (1) of the Act means any of the following:
1. Consumer Dispute Mediation Commission;
2. E-Commerce Mediation Committee;
3. Content Dispute Resolution Committee;
4. Other dispute resolution organizations established and operated pursuant to the Acts and subordinate statutes related to consumer protection.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 36 (Procedures, etc. for Not Performing Corrective Measures upon Accepting and Executing Proposal of Dispute Mediation)
(1) Parties to dispute mediation provided for in Article 33 of the Act may submit documents evidencing the execution of a recommendation or a mediation proposal of the dispute mediation organization to the Fair Trade Commission within ten days from such execution, and request confirmation that it shall not implement corrective measures pursuant to Article 32 of the Act.
(2) Upon receipt of a request under paragraph (1), the Fair Trade Commission shall notify the business operator of the objects, etc. that are not subject to such corrective measures.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 37 (Procedures for Collecting Penalty Surcharges)
(1) In imposing a penalty surcharge, the Fair Trade Commission shall give a written notice specifying the type of the violation and amount of the penalty surcharge.
(2) Upon receipt of a written notice under paragraph (1), a person shall pay the penalty surcharge at the collecting institution designated by the Fair Trade Commission within 60 days from such receipt: Provided, That where it is impossible to pay it due to a natural disaster or other inevitable causes, he/she shall make payment within 30 days from the date such causes cease to exist.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 38 (Calculation, etc. of Sales Amount Relating to Violation to Impose Penalty Surcharges)
(1) "Sales associated with the violation prescribed by Presidential Decree" in the former part of Article 34 (1) of the Act means one of the following: Provided, That if the relevant violation falls under two or more of subparagraphs 1 through 3, it shall refer to the largest amount:
1. Where the relevant violation is not the direct cause of the sale or consumer damage: The amount equivalent to ten percent of the sales generated between the occurrence of such violation and the completion thereof (where the act is not completed by the time a penalty surcharge is imposed, the date of resolution ordering the imposition of a penalty surcharge shall be deemed the date such act is completed): Provided, That where the violation is limited to a certain field, it shall be based on the sales generated in such field;
2. Where the relevant violation is the direct cause of the sale: The amount equivalent to the total sales amount having a proximate causal relation to the relevant violation;
3. Where the relevant violation is the direct cause of consumer damage: The amount equivalent to the total sales amount suffered by the damage from such violation.
(2) The disposition of penalty surcharges under Article 34 (1) of the Act shall be as stipulated in attached Table 2.
(3) Except as otherwise expressly provided for in this Decree, the Fair Trade Commission may determine and publicly notify the detailed criteria for the imposition of penalty surcharges.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 39 (Registration of Business Operator Organizations)
(1) A business operator organization that intends to be registered pursuant to Article 37 (1) of the Act shall submit to the Fair Trade Commission a written application stating the following:
1. Purpose of establishment;
2. Title;
3. Address of the main office, branch offices, and website;
4. Name, resident registration number, address, telephone number, and e-mail address of the representative;
5. Date of establishment;
6. Number of members (including the number of chapters);
7. Details of business.
(2) A written application under paragraph (1) shall be accompanied by the articles of association and the following information:
1. Status of human resources and financial conditions, and funding plan;
2. List and capacity of main facilities.
(3) Where there is any change in the matters provided for in paragraph (1) 1 through 4, 6 and 7, and the subparagraphs of paragraph (2), a business operator organization registered pursuant to Article 37 (1) of the Act shall notify the Fair Trade Commission of such fact within 20 days from such change.
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
 Article 40 (Re-Examination of Regulation)
The Fair Trade Commission shall examine the propriety of each of the following matters every second year from each relevant base date (referring to the period that ends on the day before January 1 of every second year) and take measures for improvement, etc.: <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
1. Exceptional application of the Acts related to protection of personal information under Article 5-2: January 1, 2015;
2. The subject matter and scope of transaction records to be preserved, and period of such preservation by business operators and the methods of perusal and preservation of such transaction records pursuant to Article 6: January 1, 2015;
3. The scope of data provided by hosting service providers under Article 11-2 (1): January 1, 2015;
4. The scope of matters to be indicated by the operators of cybermalls pursuant to Article 11-4: January 1, 2015;
5. Matters to be stated in contracts pursuant to Article 20: January 1, 2015;
6. Resolution of disputes by mail order brokers pursuant to Article 25-2: January 1, 2015;
7. Requirements for contracts, etc., of consumer damage compensation insurance provided for in Article 28: January 1, 2015;
8. Matters to be published by evaluation and authentication business operators pursuant to Article 31: January 1, 2015;
9. Matters to be entered in the application and the scope of accompanying documents pursuant to Article 39: January 1, 2015.
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 19, 2014]
 Article 41 Deleted. <by Presidential Decree No. 24034, Aug. 13, 2012>
 Article 42 (Criteria for Imposition of Administrative Fines)
The criteria for the imposition of administrative fines under Article 45 (1) through (3) of the Act shall be as specified in attached Table 3. <Amended by Presidential Decree No. 27530, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 24034, Aug. 13, 2012]
ADDENDUM
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of Articles 5, 6, 8, 9, 14, and 28 (2) shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19354, Feb. 22, 2006>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (2) 3 shall enter into force three months after the date of its promulgation and the amended provisions of Articles 19-2 and 28-2 through 28-5 shall enter into force on April 1, 2006.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19783, Dec. 29, 2006>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2007.
(2) Omitted.
ADDENDA <Presidential Decree No. 19958, Mar. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2007. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 20329, Oct. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 20, 2007.
Article 2 (Applicability to Interest Rate on Compensation for Late Payment)
The amended provision of Article 21-2 shall be applicable to the first case where a mail order distributor delays a refund of the price for goods, etc. to a consumer after this Decree enters into force.
ADDENDA <Presidential Decree No. 20351, Oct. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20587, Jan. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21765, Oct. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22637, Jan. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDUM <Presidential Decree No. 22648, Jan. 28, 2011>
This Decree shall enter into force from the date of its promulgation: Provided, That the amended provisions of Article 28-2 shall enter into force six months after the date of its promulgation.
ADDENDA <Presidential Decree No. 24034, Aug. 13, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 18, 2012.
Article 2 (Applicability to Interest Rates on Compensation for Late Payment)
The amended provisions of Article 21-2 shall apply from the first case in which a mail order distributor delays the refund of the prices of goods, etc. to the consumer after this Decree enters into force.
Article 3 (Transitional Measures Following Amendment of the Act)
Among the amended provisions of subparagraph 1 of Article 4, Article 11-2 (2) 3, and subparagraph 2 of Article 35, "Framework Act on Electronic Documents and Transactions" shall be construed as "Framework Act on Electronic Transactions", and "Electronic Document and E-Commerce Mediation Committee" shall be construed as "E-Commerce Mediation Committee" until September 1, 2012.
Article 4 (Transitional Measures concerning Criteria for Business Suspension)
(1) In applying the criteria for suspension of business against a violation committed before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 34 and attached Table 1.
(2) Where a person, having been issued an administrative disposition for a violation as stipulated in attached Table 1 under the former provisions, violates the same provisions again after this Decree enters into force, he/she shall be deemed to have committed a violation on one occasion under this Decree, while a person, having been issued administrative dispositions for a violation on at least two occasions under the former provisions, violates the same provisions again after this Decree enters into force, he/she shall be deemed to have committed a violation on at least two occasions, respectively under this Decree.
(3) In the application of paragraph (2), where the criteria for administrative dispositions are applied based on the frequency of violations committed after this Decree enters into force, the administrative dispositions issued before this Decree enters into force shall be included in the calculation of frequency of violations only if such dispositions are received within one year after this Decree enters into force, notwithstanding the amended provisions of the fore part of subparagraph 1 (b) of attached Table 1.
Article 5 (Transitional Measures concerning Criteria for Imposition of Penalty Surcharges)
Notwithstanding the amended provisions of Article 38 (2) and attached Table 2, the application of the criteria for imposition of penalty surcharges against a violation committed before this Decree enters into force shall be governed by the former provisions.
Article 6 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
(1) Notwithstanding the amended provisions of Article 42 and attached Table 3, the application of the criteria for the imposition of administrative fines for violations committed before this Decree enters into force shall be governed by the previous provisions.
(2) Where the criteria for administrative fines are applied based on the frequency of violations committed after this Decree enters into force, the administrative dispositions issued before this Decree enters into force shall be included in the calculation of frequency of violations only if such dispositions are issued within one year after this Decree enters into force, notwithstanding the amended provisions of subparagraph 1 (a) of attached Table 3.
ADDENDA <Presidential Decree No. 24436, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27530, Sep. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016.
Article 2 (Transitional Measures concerning Interest Rate on Compensation for Late Payment)
Where a mail order distributor has delayed refund of the price of goods, etc., before this Decree enters into force, the interest rate applicable to the delayed period after this Decree enters into force, shall be governed by the previous provisions, notwithstanding the amended provisions of Article 21-3.
ADDENDUM <Presidential Decree No. 28563, Dec. 29, 2017>
This Decree shall enter into force on the date of its promulgation.