| Article 17 (1) and attached Table 3 of the Enforcement Decree of the Fair Transactions in Subcontracting Act shall apply to the management of cumulative penalty points of business operators who have violated the Fair Transactions in Subcontracting Act. (Newly Inserted on Dec. 5, 2008) |
B. (Deleted on Jul. 23, 2010)
C. Individual Notices to Habitual Violators and Notification to Related Institutions Thereof
| (1) | The Fair Trade Commission may notify a business operator, who satisfies the requirements for habitual violators based on a specified time, of the fact that he/she has habitually committed violations and that a penality surcharge may be imposed or aggravated, or a criminal charge may be filed, against him/her, if he/she commits an additional violation. (Newly Inserted on Dec. 5, 2008) |
| (2) | If deemed necessary to more effectively enforce the Fair Transactions in Subcontracting Act, the Fair Trade Commission may notify relevant ministries (institutions) of a list of habitual violators to request their cooperation in establishing order for fair subcontract transactions. (Newly Inserted on Dec. 5, 2008) |
D. Publication of Receipt of a Corrective Order from the Fair Trade Commission
In requiring a business operator violating the Act to publicize the fact that he/she has received a corrective order from the Fair Trade Commission, the Fair Trade Commission shall apply the "Operational Guidelines for Publication of Receipt of Corrective Order from the Fair Trade Commission," but shall determine whether to publicize such fact, taking into comprehensive consideration the details, degree, motive, etc. of the violation.
E. Requirements and Procedures for Complaints (Article 32 of the Act) (Amended on Dec. 18, 2013)
| (1) | If it is deemed that an enterprise, which has committed an act of abusing technology (Article 12-3 (3) of the Act), taking retaliatory measures (Article 19 of the Act) or evading the Act (Article 20 of the Act), has seriously or intentionally violated the Act, a complaint shall be lodged against such enterprise. |
| (1) | -1. If it is deemed that an enterprise, which has set an unreasonable subcontract consideration (Article 4 of the Act) or reduced a subcontract consideration (Article 11 of the Act), has seriously violated the Act, a complaint shall be lodged not only against the relevant business operator but also against the responsible representative of the enterprise. |
| (2) | Where a business operator ordered to take corrective measures does not raise an objection, the first demand for compliance with the order shall be made for a given period not exceeding 30 days after the period for raising objections; and if the business operator fails to comply with the order even after the first demand period expires, the second demand therefor shall be made for another given period not exceeding 30 days, and a complaint shall be lodged against him/her if he/she still fails to comply with the order. |
| (3) | Where a business operator ordered to take corrective measures raises an objection, notice shall be served to him/her requiring him/her to comply with the order within 30 days after receipt of the original copy of a written adjudication thereof, and a complaint shall be lodged against him/her if he/she fails to comply with the order. |
| (4) | Where a business operator violating the Act has received a warning or other measure heavier than that at least three times in the three preceding years in violation of the Fair Transactions in Subcontracting Act and has earned more than 4 cumulative points under subparagraph 1 (c) of Table 3 attached to the Enforcement Decree of the Fair Transactions in Subcontracting Act, a complaint shall be lodged against him/her. <Proviso Deleted> |
| (5) | Notwithstanding the provisions of (1) through (4) above, the Fair Trade Commission may determine whether to lodge a complaint against a violator, taking into comprehensive account various matters, such as whether it is necessary to exercise the investigation right to secure evidence of a suspected violation, whether the Prosecutor General has requested the Fair Trade Commission to lodge a complaint pursuant to Article 32 (3) of the Fair Transactions in Subcontracting Act, the degree of severity of the relevant violation, whether the relevant violation has been voluntarily corrected, and past records of violations. |
F. As standards necessary for other corrective measures, the Rules on Management of Fair Trade Commission Meetings, Procedures for Cases, etc. established by the Fair Trade Commission shall apply.
G. Where a relevant business operator voluntarily takes corrective measures, such as paying a subcontract consideration and deleting or amending a special agreement (including remedy against injuries if a subcontractor has sustained injuries because the special agreement has already taken effect), against a violation found in his/her self-inspection before the date of commencement of investigation (referring to the receipt date of a report in cases of a report case; and either the announcement date of a plan for ex officio investigation or the dispatch date of an official document on investigation, whichever comes later), the Fair Trade Commission may not take measures under in Article 25, 25-3, 26 (2), or 32 of the Act.
| 22. | Method of Imposition of Administrative Fines (Article 30-2 (1) of the Act) |
An administrative fine shall be imposed in consideration of the proportion of an amount relating to a violation out of the total subcontract consideration, the size of the enterprise concerned, whether a violation has been intentionally committed, past records of violations, etc.
| 23. | Exemption from Ex Officio Fact-Finding Investigations (Amended on Nov. 19, 2014) |
The Fair Trade Commission may grant a business operator, selected as an exemplary enterprise for subcontract transactions, an exemption from an ex officio fact-finding investigation on subcontract transactions during one year (the following year).
IV. Effective Period
These Guidelines shall take effect until November 18, 2017 by which statutes, changes in realities, etc. after the issuance of these Guidelines should be examined in accordance with the Regulations on the Issuance and Management of Directives and Established Rules (Presidential Directive No. 248).
ADDENDA <No. 161, Aug. 20, 2012>
Article 1 (Enforcement Date)
These Guidelines shall enter into force on August 21, 2012.
Article 2 (Abolition of Former Established Rules)
The former Guidelines for Fair Transactions in Subcontracting shall be abolished.
ADDENDA <No. 184, Dec. 18, 2013>
ADDENDA <No. 203, Nov. 19, 2014>
ADDENDA <No. 234, Sep. 30, 2015>