ENFORCEMENT DECREE OF THE DISTRIBUTION INDUSTRY DEVELOPMENT ACT
Wholly Amended by Presidential Decree No. 18267, Jan. 29, 2004
Amended by Presidential Decree No. 18978, Jul. 27, 2005
Presidential Decree No. 19542, jun. 22, 2006
Presidential Decree No. 20261, Sep. 10, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21676, Aug. 6, 2009
Presidential Decree No. 21764, Oct. 1, 2009
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 22597, Dec. 31, 2010
Presidential Decree No. 22858, Apr. 5, 2011
Presidential Decree No. 23719, Apr. 10, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24511, Apr. 22, 2013
Presidential Decree No. 24670, Jul. 22, 2013
Presidential Decree No. 24955, Dec. 11, 2013
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26358, jun. 30, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27312, Jul. 6, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28212, Jul. 26, 2017
Presidential Decree No. 28614, Jan. 30, 2018
Presidential Decree No. 28817, Apr. 24, 2018
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 29421, Dec. 24, 2018
The purpose of this Decree is to prescribe matters delegated by the Distribution Industry Development Act and other matters necessary for enforcing said Act. <Amended by Presidential Decree No. 21764, Oct. 1, 2009>
| Article 2 (Scope of Place Where Services Are Rendered) |
A place where services are rendered in any salesroom provided for in the latter part of subparagraph 2 of Article 2 of the Distribution Industry Development Act (hereinafter referred to as the "Act") shall be any place where any of the following facilities is installed: | 1. | Class I neighborhood living facilities under subparagraph 3 (b) through (e) of attached Table 1 (hereafter referred to as the "same Table" in this Article) of the Enforcement Decree of the Building Act; |
| 2. | Class II neighborhood living facilities under subparagraph 4 of the same Table; |
| 3. | Cultural and assembly facilities under subparagraph 5 of the same Table; |
| 4. | Sports facilities under subparagraph 13 of the same Table; |
| 5. | General business facilities under subparagraph 14 (b) of the same Table (excluding officetels). |
[This Article Wholly Amended by Presidential Decree No. 21764, Oct. 1, 2009]
| Article 3 (Requirements for Superstores) |
| (1) | Deleted. <by Presidential Decree No. 24511, Apr. 22, 2013> |
| (2) | "At least two interlinked buildings that are prescribed by Presidential Decree" in subparagraph 3 (a) of Article 2 of the Act means buildings, the shortest distance among which is not more than 50 meters and for which an underground passage or a ground passage through which consumers can pass is built, thereby enabling them to function as a superstore. <Amended by Presidential Decree No. 24511, Apr. 22, 2013> |
| (3) | Where a corridor, which is a common area directly adjacent to a shop within a building under the Act on Ownership and Management of Condominium Buildings, exists, the area of the corridor shall be included when calculating the area of a shop under subparagraph 3 (c) of Article 2 of the Act. <Newly Inserted by Presidential Decree No. 21764, Oct. 1, 2009; Presidential Decree No. 24670, Jul. 22, 2013> |
[This Article Wholly Amended by Presidential Decree No. 19542, Jun. 22, 2006]
| Article 3-2 (Scope of Quasi-Superstores) |
"Which is prescribed by Presidential Decree" in the main sentence of subparagraph 4 of Article 2 of the Act means supermarkets (47121) and general merchandising stores selling mainly foods and beverages (47129) under the Korean Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea on December 28, 2007 pursuant to Article 22 of the Statistics Act. <Amended by Presidential Decree No. 24511, Apr. 22, 2013> [This Article Newly Inserted by Presidential Decree No. 22597, Dec. 31, 2010]
| Article 4 Deleted. <by Presidential Decree No. 22597, Dec. 31, 2010> |
| Article 5 (Scope of Shopping Malls) |
"District densely clustered with wholesale, retail, or service stores on the street or in the underground passage of a certain width the number of which is at least the one determined by Presidential Decree" in subparagraph 7 of Article 2 of the Act means any of the following: <Amended by Presidential Decree No. 28614, Jan. 30, 2018> | 1. | The district where at least 30 wholesale stores, retail stores, or service stores are concentrated in the street or in the underground passage of not more than 2,000 square meters; |
| 2. | The district, in which stores meeting each of the following requirements, including wholesale stores or retail stores of the same type of business requiring large area for displaying, selling, etc., due to special features of the type of business (hereafter in this Article referred to as “wholesale or retail stores of special type of business), are deemed concentrated by the Special Self-Governing City Mayor or the head of a Si/Gun/Gu: |
| (a) | The area of street or underground passage shall be the same as or smaller than the sum of average area of wholesale or retail stores of special type of business multiplied by total number of wholesale or retail stores plus the total area of all service stores; |
| (b) | At least 30 wholesale stores, retail stores, or service stores shall be concentrated; |
| (c) | The number of wholesale or retail stores of special type of business shall be 50/100 or more of the number of stores prescribed in item (b). |
[This Article Wholly Amended by Presidential Decree No. 26358, Jun. 30, 2015]
| Article 5-2 Deleted. <by Presidential Decree No. 24511, Apr. 22, 2013> |
| Article 6 (Request for Submission of Data Necessary for Formulation of Master Plans) |
| (1) | The Minister of Trade, Industry and Energy may request the heads of relevant central administrative agencies to submit data necessary to formulate a master plan for development of the distribution industry (hereinafter referred to as "master plan") provided for in Article 5 (1) of the Act by the last day of October of the year immediately preceding the year when the relevant master plan is to be implemented. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24670, Jul. 22, 2013> |
| (2) | The Minister of Trade, Industry and Energy may request the heads of relevant central administrative agencies to submit data containing the following matters that are necessary to formulate an action plan for the development of the distribution industry provided for in Article 6 (1) of the Act (hereinafter referred to as "action plan") by the last day of March each year: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24670, Jul. 22, 2013> |
| 1. | Basic direction-setting for policy measures for developing the distribution industry; |
| 2. | Project undertakers and details thereof; |
| 3. | Required funds and methods of funding; |
| 4. | Methods of undertaking projects; |
| 5. | Other matters necessary to formulate an action plan. |
| (3) | The heads of relevant central administrative agencies shall submit the results of implementation of the action plan to the Minister of Trade, Industry and Energy by the last day of February of the following year. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24670, Jul. 22, 2013> |
| Articles 6-2 and 6-3 Deleted. <by Presidential Decree No. 21764, Oct. 1, 2009> |
| Article 6-4 (Scope of Fact-Finding Surveys on Distribution Industry) |
| (1) | The scope of a fact-finding survey on the distribution industry (hereinafter "fact-finding survey") in accordance with Article 7-4 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Matters concerning the current state of superstores, nonstore sale, and wholesale and retail stores; the business environment; the purchase of goods; the actual state of business; the characteristics of enterprises, and other relevant matters; |
| 2. | Matters concerning logistics standardization, informatization, and the promotion of joint logistics aimed at increasing the efficiency of distribution function by region and type of business; |
| 3. | Other matters on which a fact-finding survey is deemed necessary by the Minister of Trade, Industry and Energy to formulate the policies for developing the distribution industry. |
| (2) | The Minister of Trade, Industry and Energy shall conduct fact-finding surveys referred to in paragraph (1) according to the following classification: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 21764, Oct. 1, 2009; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Regular survey: A survey conducted every three years in order to formulate and implement new plans and policies for the distribution industry; |
| 2. | Occasional survey: A survey focused on the specific types of business and sectors, etc. where the Minister of Trade, Industry and Energy deems it necessary to efficiently map out a master plan, an action plan, etc. |
[This Article Newly Inserted by Presidential Decree No. 19542, Jun. 22, 2006]
| Article 6-5 (Supplementation Request Period for Reports on Impact Evaluation of Business Districts and Regional Cooperation Plans) |
| (1) | “Period prescribed by Presidential Decree” in Article 8 (2) of the Act shall be 30 days. In such cases, Saturdays and holidays shall not be included. <Amended by Presidential Decree No. 27312, Jul. 6, 2016> |
| (2) | Deleted. <by Presidential Decree No. 27312, Jul. 6, 2016> |
[This Article Newly Inserted Presidential Decree No. 24670, Jul. 22, 2013]
| Article 6-6 (Specialized Institutions for Inspection of Reports on Impact Evaluation on Business Districts and Regional Cooperation Plans) |
| (1) | “Specialized institution prescribed by Presidential Decree” in Article 8 (7) of the Act means either of the following institutions: |
| 2. | The Korea Institute for Industrial Economics and Trade under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes. |
[This Article Newly Inserted by Presidential Decree No. 27312, Jul. 6, 2016]
| Article 7 (Scope of Permission Deemed Granted) |
"Permission to engage in or reporting on food manufacturing business, food processing business, food sale business, or restaurant business, as prescribed by Presidential Decree" in Article 9 (1) 3 of the Act means the following permission or reporting: <Amended by Presidential Decree No. 18978, Jul. 27, 2005; Presidential Decree No. 21676, Aug. 6, 2009; Presidential Decree No. 24511, Apr. 22, 2013> | 2. | Reporting of engaging in the business of food manufacturing and processing, the business of spot-sale food manufacturing and processing, the business of food additives manufacturing, the business of food subdivision and sales, the business of service station restaurants, the business of general restaurants, and the business of confectionary provided for in Article 25 of the Enforcement Decree of the Food Sanitation Act. |
| Article 7-2 (Method of Determining Number of Consenting Persons) |
| (1) | The number of consenting merchants operating business (hereinafter referred to as "salesroom occupants") in a superstore or a quasi-superstore referred to in Article 12 (2) 2 of the Act (hereinafter referred to as "superstore, etc.") shall be determined by the following methods: |
| 2. | Notwithstanding subparagraph 1, the number of persons with a right to consent in either of the following cases shall be determined as follows: |
| (a) | Where a salesroom occupant operates business at two or more salesrooms, such salesroom occupant shall be deemed to have a right to consent; |
| (b) | Where two or more sales occupants operate business at one store, the person authorized to exercise the right to consent by agreement among such sales occupants shall be deemed to have a right to consent. |
| (2) | The ratio of the area of salesrooms operated by consenting salesroom occupants to the total area of all the salesrooms under Article 12 (2) 2 (a) of the Act shall be determined by regarding the area of salesrooms exclusive of vacant salesrooms as the total area of all the salesrooms. |
| (3) | The right to consent may be exercised by any of the following methods: |
| 1. | The electronic method prescribed in either of the following: |
| (a) | Exercising the right to consent after verifying the identity of each voter with the certified digital signature defined in subparagraph 3 of Article 2 of the Digital Signature Act, or the authorized certificate defined in subparagraph 8 of the same Article; |
| (b) | Where the management regulations established under Article 12-6 of the Act (hereinafter referred to as the "management regulations") stipulate a more relaxed identity verification process than those prescribed in item (a), such as submitting an electronic document defined in subparagraph 1 of Article 2 of the Digital Signature Act, any methods prescribed therein; |
| 2. | Exercising the right to consent by a document sealed or signed by the relevant salesroom occupant with his/her business registration number stated thereon. In such cases, votes may be exercised by proxy. |
| (4) | Any person who intends to obtain consents to become the manager of a superstore, etc. under Article 12 (2) of the Act (hereinafter referred to as the "manager of a superstore, etc.") shall notify each salesroom occupant of the method of constituting the manager of the superstore, etc., an operation plan, and the period and method of exercising the right to consent, by not later than one week before the day on which the person intends to obtain consents from salesroom occupants. |
[This Article Newly Inserted by Presidential Decree No. 28817, Apr. 24, 2018]
| Article 7-3 (Management Fees) |
| (1) | Details of the management fees under Article 12-3 (2) of the Act shall be as follows, and further details of such fees shall be as prescribed in attached Table 3-3: |
| 1. | General administrative expenses; |
| 3. | Security guard expenses; |
| 5. | Elevator maintenance expenses; |
| 6. | Air-conditioning and heating charges; |
| 7. | Hot-water supply charges; |
| 8. | Repair and maintenance expenses (including expenses of cleaning up air-conditioning and heating facilities); |
| 9. | Outsourced management fees. |
| 1. | Electricity charges (including electricity charges for common-use facilities); |
| 2. | Water charges (including water charges for water used in common); |
| 4. | Air-conditioning and heating charges and hot-water supply charges in cases of a superstore, etc. with a district heating system; |
| 5. | Excreta disposal expenses; |
| 6. | Waste disposal expenses; |
| 7. | Insurance premium covering the whole building. |
| (3) | Where any facility that needs repair (including facilities where water leaks) is provided to two or more salesrooms for common use, the manager of the superstore, etc. may directly repair such facility and separately charge the relevant salesroom occupants or the owners for expenses incurred in the repair. |
| (4) | Where the manager of a superstore, etc. issues invoices to salesroom occupants for payment of the expenses prescribed in paragraphs (1) through (3) (hereinafter referred to as "management fees, etc."), the manager shall provide salesroom occupants with an easily understood statement regarding the calculation of each item of management fees, etc., the details of late payment fees, and details of revenue and expenditure. |
| (5) | The manager of a superstore, etc. shall deposit management fees, etc. in any of the following financial institutions for safekeeping: |
| 5. | A cooperative, the National Agricultural Cooperative Federation, or the Nonghyup Bank under the Agricultural Cooperatives Act; |
| 6. | A cooperative, the National Federation of Fisheries Cooperatives, or the Suhyup Bank under the Fisheries Cooperatives Act; |
| 7. | A credit union or the National Credit Union Federation of Korea under the Credit Unions Act; |
| 9. | A forestry cooperative or the National Forestry Cooperative Federation under the Forestry Cooperatives Act; |
| (6) | Pursuant to Article 12-3 (4) of the Act, the manager of a superstore, etc. shall disclose details of management fees, etc. (including consumption in the case of paragraph (1) 6 and 7 and paragraph (2) 1 through 4) through the website of the superstore, etc. (referring to the management office, bulletin board, etc. of the superstore, etc. if no website is available; hereinafter the same shall apply), by the end of the month following the month in which invoices for management fees, etc. are issued. |
| (7) | "Matters prescribed by Presidential Decree" in Article 12-3 (4) 3 of the Act means miscellaneous income (referring to income incidentally accruing in the course of management of a superstore, etc., such as usage fees for common areas and welfare facilities). |
[This Article Newly Inserted by Presidential Decree No. 28817, Apr. 24, 2018]
| Article 7-4 (Selection of Business Entities for Administration of Management Fees) |
| 1. | Where a contract is made for an amount not more than the amount determined and publicly notified by the Minister of Trade, Industry and Energy; |
| 2. | Where it is necessary to make a contract urgently; |
| 3. | Other cases determined and publicly notified by the Minister of Trade, Industry and Energy as those where it is inappropriate to make a contract by an open competitive bidding method. |
[This Article Newly Inserted by Presidential Decree No. 28817, Apr. 24, 2018]
| Article 7-5 (Scope of Information Available for Inspection) |
"Information prescribed by Presidential Decree" in the former part of Article 12-4 (3) of the Act, with the exception of its subparagraphs, means a business plan, a budget, a business performance report, and an annual report regarding administration of management fees, etc. [This Article Newly Inserted by Presidential Decree No. 28817, Apr. 24, 2018]
| Article 7-6 (Audit of Manager of Superstore) |
| (1) | The manager of a superstore, etc. who is obligated to undergo an audit under Article 12-5 (1) of the Act shall have the following financial statements audited within nine months after the end of each fiscal year: |
| 1. | A statement of financial position; |
| 2. | A statement of activities; |
| 3. | A statement of appropriation of retained earnings (or a statement of disposition of deficits); |
| (3) | The auditor referred to in the main sentence of Article 12-5 (1) of the Act shall submit an audit report to the manager of a superstore, etc., by not later than one month from the date on which the audit is completed. |
[This Article Newly Inserted by Presidential Decree No. 28817, Apr. 24, 2018]
| Article 7-7 (Methods of Establishing and Amending Management Regulations) |
| (1) | The manager of a superstore, etc. who intends to establish management regulations pursuant to Article 12-6 (1) of the Act shall establish such management regulations, within three months from the date on which a report is filed pursuant to Article 12 (3) of the Act, by referring to the standard management regulations prepared pursuant to Article 12-6 (4) of the Act (hereinafter referred to as "standard management regulations"). |
| (2) | Where the manager of a superstore, etc. intends to amend management regulations, the manager shall obtain consents from at least 2/3 of salesroom occupants with respect to a proposal stating the following: |
| 3. | Details of changes from the current management regulations; |
| 4. | Differences between the standard management regulations and the amended management regulations. |
| (3) | When the manager of a superstore, etc. intends to establish or amend management regulations, the manager shall publicly announce details of the proposal through the website of the superstore, etc. and shall individually notify salesroom occupants of details of the proposal. |
| (4) | Article 7-2 (1) through (3) shall apply mutatis mutadis to the method of determining the number of consenting salesroom occupants and the method of exercising the right to consent, where the manager of a superstore, etc. intends to establish or amend management regulations. |
[This Article Newly Inserted by Presidential Decree No. 28817, Apr. 24, 2018]
| Article 7-8 (Standard Management Regulations) |
The standard management regulations shall include provisions concerning the following matters:
| 1. | Rights and obligations of salesroom occupants; |
| 2. | Establishment, amendment, and repeal of management regulations; |
| 3. | Use of salesrooms related to common interests of salesroom occupants; |
| 4. | Use, preservation, and management of the building site, common areas, and ancillary facilities of a superstore, etc.; |
| 5. | Contracts concluded by the manager of a superstore, etc. for maintenance and management of the superstore, etc.; |
| 6. | Uses of operating expenses by the manager of a superstore, etc. and the amount that may be used; |
| 7. | The method of determining the amount of management fees, etc. to be borne by each salesroom and the method of collecting, safekeeping, depositing, and using such amounts; |
| 8. | The method of copying and inspecting books of accounts, supporting documents, etc.; |
| 9. | Measures to be taken against salesroom occupants who fail to pay management fees, etc. and imposition of additional charges on such salesroom occupants; |
| 10. | Accounting and auditing; |
| 11. | Uses of income accruing from management, etc. and the procedure for using such income; |
| 12. | Responsibility to manage a superstore, etc. and allocation of expenses; |
| 13. | Measures to be taken against persons who violate management regulations and persons who disturb commercial order; |
| 14. | Other matters necessary for management of a superstore, etc. |
[This Article Newly Inserted by Presidential Decree No. 28817, Apr. 24, 2018]
| Article 7-9 (Business Entities Which Are Entitled to Support for Establishment of Joint Wholesale Logistics and Distribution Centers for Small and Medium Distribution Enterprises) |
"At least 50 retailers, or at least 10 wholesalers who are prescribed by Presidential Decree" in the main sentence of Article 17-2 (1) of the Act means at least 50 retailers, or at least 10 wholesalers, who are engaged in business prescribed by Ordinance of the Ministry of Trade, Industry and Energy, from among wholesale business or retail business prescribed in attached Table 1 of the Enforcement Decree of the Framework Act on Small and Medium Enterprises. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24511, Apr. 22, 2013> [This Article Wholly Amended by Presidential Decree No. 21764, Oct. 1, 2009]
| Article 8 (Scope of Distribution Information Available to the Public) |
"Distribution information prescribed by Presidential Decree" in the proviso to Article 22 (2) of the Act means any of the following information: <Amended by Presidential Decree No. 21764, Oct. 1, 2009; Presidential Decree No. 24511, Apr. 22, 2013> | 1. | Information requested by the heads of relevant administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor in order to use it for administrative purposes; |
| 2. | Information requested by investigation agencies in order to use it for investigative purposes; |
| 3. | Information furnished by court orders. |
| Article 9 (Period of Keeping Standard Electronic Distribution Documents) |
"Period prescribed by Presidential Decree" in Article 22 (3) of the Act means three years. <Amended by Presidential Decree No. 24511, Apr. 22, 2013>
| Article 9-2 (Institutions for Training Manpower Engaging in Distribution Sector) |
"Institutions which are in compliance with the standards for facilities, manpower and training records prescribed by Presidential Decree" in Article 23 (3) 3 of the Act means institutions that meet the standards for designation of distribution training institutions as shown in attached Table 2-2. <Amended by Presidential Decree No. 24511, Apr. 22, 2013> [This Article Newly Inserted by Presidential Decree No. 19542, Jun. 22, 2006]
| Article 10 (Conducting Qualifying Examinations for Certified Distribution Managers) |
| (1) | When the Minister of Trade, Industry and Energy intends to conduct a qualifying examination for certified distribution managers (hereinafter referred to as the "examination") in accordance with Article 24 (2) of the Act, he/she shall publicly announce the date, subjects, and location of, and requirements for the examination, standards for passing the examination, and other necessary matters related to the examination in daily newspapers, etc. at least 90 days prior to the date of such examination. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 23759, May 1, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24670, Jul. 22, 2013> |
| (2) | Certified distribution managers shall be categorized into Grade I, Grade II, and Grade III. |
| (3) | Standards for categorizing certified distribution managers by grade, and examination subjects shall be as listed in attached Table 3. |
| (4) | The examination shall consist of a written examination and interview. |
| (5) | The following persons shall be eligible to apply for the Grade I examination: <Amended by Presidential Decree No. 20261, Sep. 10, 2007; Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 24670, Jul. 22, 2013> |
| 1. | A person who has at least seven years’ working experience in the field of distribution; |
| 2. | A person who has at least five years’ working experience in the field of distribution after qualifying as a certified Grade II distribution manager; |
| Article 11 (Standards for Passing Examination for Certified Distribution Managers) |
| (1) | Standards for passing the written examination are, with 100 points the highest score for each subject, at least 40 points per subject with an average of at least 60 points for all subjects, while standards for passing the interview are at least 60 out of a total of 100 points. |
| (2) | Where any person who has completed the training course offered by any distribution training institution provided for in Article 23 (2) of the Act or any person who has required work experience applies for the examination, the Minister of Trade, Industry and Energy may add scores by up to 10 points to the average scores according to the standards determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24670, Jul. 22, 2013> |
| (3) | The standards for the suspension of qualification under Article 24 (6) of the Act shall be as specified in attached Table 3-2. <Amended by Presidential Decree No. 27312, Jul. 6, 2016> |
| Article 12 (Public Announcement of Successful Examinees) |
| (1) | The Minister of Trade, Industry and Energy shall publicly announce successful examinees on the information and communications network within 40 days from the date on which the examination is conducted. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall issue a qualification certificate of certified distribution manager to each successful examinee, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24670, Jul. 22, 2013> |
| Article 13 Deleted. <by Presidential Decree No. 27312, Jul. 6, 2016> |
| Article 14 (Consultation Period) |
"Period prescribed by Presidential Decree" in the latter part of Article 30 (2) of the Act means 30 days. <Amended by Presidential Decree No. 24511, Apr. 22, 2013>
| Article 15 (Grounds for Revoking Designation of Joint Collection and Delivery Centers) |
"When normal execution of projects is deemed impracticable due to any reason prescribed by Presidential Decree" in Article 33 (2) 4 of the Act means the following cases: <Amended by Presidential Decree No. 24511, Apr. 22, 2013> | 1. | Where any entity that operates any joint collection and delivery center becomes bankrupt; |
| 2. | Where any corporation, association, etc. that operates a joint collection and delivery center is dissolved; |
| 3. | Where the construction of any joint collection and delivery center has been suspended for at least six months from the date on which the construction began; |
| 4. | Where the construction of any joint collection and delivery center has not been completed within five years from the date on which the relevant joint collection and delivery center is designated. |
| Article 15-2 (Sales of State and Public Property) |
"Which are prescribed by Presidential Decree" in the former part of Article 35-2 (1) of the Act means cases where it is intended to sell general property provided for in the State Property Act or the Public Property and Commodity Management Act, which is located on the site on which a superstore is scheduled to open or a joint wholesale logistics and distribution center for small and medium distribution enterprises is planned to be built. <Amended by Presidential Decree No. 21641, Jul. 27, 2009; Presidential Decree No. 24511, Apr. 22, 2013> [This Article Newly Inserted by Presidential Decree No. 19542, Jun. 22, 2006]
| Article 15-3 (Entrusted Opening of Roads) |
Where a person who intends to open a superstore or build a joint wholesale logistics and distribution center for small and medium distribution enterprises pursuant to Article 35-2 (2) of the Act entrusts the construction of a road pursuant to Article 35-2 (5) of the Act, he/she shall conclude an entrustment contract concerning the following matters with the State or the relevant local government: | 1. | Site of the entrusted project; |
| 2. | The scale and amount of the entrusted project and other matters that form the basis for the work design; |
| 3. | The period during which the entrusted project is undertaken (including the date of construction, the estimated date of completion, and the process planning); |
| 4. | Matters concerning the method of paying costs necessary to undertake the entrusted project and the management of such fund; |
| 5. | Where a person who entrusts the project supplies real estate, machinery and materials, or workers, matters concerning their management; |
| 6. | Matters concerning the risk bearing; |
| 7. | Other matters necessary to clarify the details of the entrusted project. |
[This Article Newly Inserted by Presidential Decree No. 19542, Jun. 22, 2006]
| Article 15-4 (Scope of Disputes) |
The living environment referred to in Article 36 (6) of the Act shall be any of the following: <Amended by Presidential Decree No. 22597, Dec. 31, 2010; Presidential Decree No. 28817, Apr. 24, 2018> | 1. | Traffic congestion in neighboring areas due to the construction of a superstore, etc.; |
| 2. | Noise, vibration, and odor in neighboring areas due to the construction of superstores, etc.; |
| 3. | Pollution of air, soil, and water, and sea contamination in neighboring areas due to the construction of superstores, etc.; |
| 4. | Other inconveniences suffered by residents in neighboring areas due to the opening of superstores, etc. |
[This Article Newly Inserted by Presidential Decree No. 21764, Oct. 1, 2009]
| Article 16 (Procedures for Mediating Distribution Disputes) |
| (1) | When the Distribution Dispute Mediation Committee provided for in the provisions of Article 36 of the Act (hereafter referred to as the "Distribution Dispute Mediation Committee") receives an application for mediating any distribution dispute, it shall notify any party involved in the distribution dispute, other than the applicant, of such fact and the details thereof within three days from the date the application is filed. <Amended by Presidential Decree No. 19542, Jun. 22, 2006> |
| Article 16-2 (Application Filed for Mediation of Disputes) |
Anyone who intends to file an application for meditation of a dispute involving any superstore, etc. pursuant to Article 37 of the Act shall file an application with the Distribution Dispute Mediation Committee of a relevant Special Self-Governing City/Si/Gun/Gu, stating the following matters: <Amended by Presidential Decree No. 22579, Dec. 31, 2010; Presidential Decree No. 24511, Apr. 22, 2013> | 1. | The name (in cases of a corporation, the company name and the name of the representative of the corporation), address, and contact details of the applicant; |
| 2. | The name (in cases of a corporation, the company name and the name of the representative of the corporation), address, and contact details of the other party; |
| 3. | The cause and history of the dispute; |
| 4. | Any damage caused by the business activity of the other party or any damage to the living environment; |
| 5. | Matters requiring mediation; |
| 6. | Other matters requiring mediation. |
[This Article Newly Inserted by Presidential Decree No. 19542, Jun. 22, 2006]
| Article 16-3 (Integration of Mediation Applications) |
Where multiple applications for mediation in the same case are filed at the same time, the Distribution Dispute Mediation Committee may deal with such multiple applications for mediation in the same case in an integrated manner.
[This Article Newly Inserted by Presidential Decree No. 19542, Jun. 22, 2006]
| Article 17 (Sharing Distribution Dispute Mediation Expenses) |
Where research is required to mediate any distribution dispute referred to in Article 37 of the Act and the parties agree to entrust the research, the parties shall equally bear expenses required to perform the research: Provided, That in the event that a different agreement is reached between the parties with respect to the sharing of expenses, it shall be governed by such agreement. <Amended by Presidential Decree No. 24670, Jul. 22, 2013>
| Article 18 (Entrustment of Duties) |
The Minister of Trade, Industry and Energy shall entrust the Korea Chamber of Commerce and Industry with the affairs regarding the administration of the qualifying examination for certified distribution managers under Article 24 of the Act and the issuance of qualification certificates under Article 12 (2), as prescribed by Article 46 (4) of the Act. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 27312, Jul. 6, 2016]
| Article 18-2 (Processing of Personally Identifiable Information) |
A Special Self-Governing City Mayor or the head of a Si/Gun/Gu (including a person to whom the relevant authority has been delegated or entrusted where such authority was delegated or entrusted) may process materials which include resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act where unavoidable to conduct business related to registration of the establishment of superstores, etc. or modification to any registered matter. [This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
| Article 18-3 (Re-Examination of Regulation) |
The Minister of Trade, Industry and Energy shall examine the appropriateness of the period of keeping standard electronic distribution documents under Article 9 every five years counting from January 1, 2019 (referring to the period that ends on the day before January 1 of every fifth year) and shall take measures, such as making improvements: [This Article Wholly Amended by Presidential Decree No. 29421, Dec. 24, 2018]
| Article 19 (Guidelines for Imposition of Administrative Fines) |
The guidelines for imposition of administrative fines provided for in Article 52 of the Act shall be as listed in attached Table 4. [This Article Wholly Amended by Presidential Decree No. 21764, Oct. 1, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2004.
Article 2 (Special Cases concerning Subjects of Qualifying Examination for Certified Distribution Managers)
The subject for examination for certified distribution managers that is conducted for the first time after this Decree enters into force shall be as follows, notwithstanding the amended provisions of attached Table 3:
| 1. | Subjects for Grade I Examination: Marketing, distribution industry (including distribution-related statutes and regulations), management and administration, commodity planning, sale management, market survey, and analysis of commercial districts; |
| 2. | Subjects for Grade II Examination: General distribution management, organization and personnel affairs, purchase skills and knowledge of commodities, salesmanship, and sales-related clerical work; |
| 3. | Subjects for Grade III Examination: Common knowledge of distribution (including basic foreign languages), knowledge of commodities, salesmanship, and sales-related clerical work. |
Article 3 (Transitional Measures concerning Change in Division of Superstores)
Any person who opens a superstore or a wholesale center (including any person who performs the business of a superstore opener) from among the superstores as at the time this Decree enters into in force shall have such superstore and wholesale center registered in conformity with the division of superstores provided for in the amended provisions of attached Table 1 within three months after this Decree enters into force.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 18978, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19542, Jun. 22, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on June 24, 2006. |
| (2) | (Transitional Measure concerning Sale of State or Public Property) Where the procedures for selling any State or public property are underway in connection with the opening of any superstore as at the time this Decree enters into force, such case shall be governed by the previous provisions. |
| (3) | (Transitional Measure concerning Markets) Where any market is registered pursuant to previous attached Table 1 as at the time this Decree enters into force, such market shall be deemed a superstore provided for in the provisions of Article 8 of the Act even after this Decree enters into force. |
ADDENDA <Presidential Decree No. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21764, Oct. 1, 2009>
This Decree shall enter into force on October 2, 2009.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 22597, Dec. 31, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22858, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of attached Table 4, the previous provisions shall apply to the application of criteria for imposition of administrative fines for violations committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 23719, Apr. 10, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
The provisions of this Decree concerning the change of a deadline for public announcement of examinations, etc. shall apply beginning with the first test administered after January 1, 2013.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 24511, Apr. 22, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24670, Jul. 22, 2013>
This Decree shall enter into force on July 24, 2013.
ADDENDA <Presidential Decree No. 24955, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 4 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.
ADDENDUM <Presidential Decree No. 26358, Jun. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27312, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2016: Provided, That the amended provisions of Article 11 (3) and attached Table 3-2 shall enter into force on July 28, 2016, and the amended provisions of Articles 13 and 18 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Supplementation Request Period for Reports on Impact Evaluation of Business Districts and Regional Cooperation Plans)
Notwithstanding the amended provisions of Article 6-5 (1), the previous provisions shall apply where reports on impact evaluation of business districts and regional cooperation plans are submitted before this Decree enters into force.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28614, Jan. 30, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28817, Apr. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018.
Article 2 (Applicability to Method of Determining Number of Consenting Persons)
The amended provisions of Article 7-2 shall begin to apply where the number of consenting persons shall be determined in order to select the manager of a superstore, etc. after this Decree enters into force. Article 3 (Applicability to Management Fees)
The amended provisions of Article 7-3 and attached Table 3-3 shall begin to apply where management fees, etc. are charged after this Decree enters into force. Article 4 (Applicability to Selection of Business Entities for Administration of Management Fees)
The amended provisions of Article 7-4 shall begin to apply where the conclusion of a contract is publicly announced after this Decree enters into force. Article 5 (Transitional Measure concerning Method of Establishing Management Regulations)
The manager of a superstore, etc. who has filed a report pursuant to Article 12 (3) of the Act before this Act enters into force shall establish management regulations in accordance with the amended provisions of Article 7-7 within three months after this Decree enters into force.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.