DISTRIBUTION INDUSTRY DEVELOPMENT ACT
Wholly Amended by Act No. 6959, Jul. 30, 2003
Amended by Act No. 7100, Jan. 20, 2004
Act No. 7219, Sep. 23, 2004
Act No. 7428, Mar. 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 7756, Dec. 23, 2005
Act No. 7943, Apr. 28, 2006
Act No. 7995, Sep. 27, 2006
Act No. 8371, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8365, Apr. 11, 2007
Act No. 8354, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8351, Apr. 11, 2007
Act No. 8349, Apr. 11, 2007
Act No. 8387, Apr. 27, 2007
Act No. 8466, May 17, 2007
Act No. 8617, Aug. 3, 2007
Act No. 8635, Aug. 3, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 8979, Mar. 21, 2008
Act No. 9242, Dec. 26, 2008
Act No. 9432, Feb. 6, 2009
Act No. 9584, Apr. 1, 2009
Act No. 9585, Apr. 1, 2009
Act No. 9758, jun. 9, 2009
Act No. 9774, jun. 9, 2009
Act No. 10272, Apr. 15, 2010
Act No. 10310, May 25, 2010
Act No. 10331, May 31, 2010
Act No. 10398, Nov. 24, 2010
Act No. 10599, Apr. 14, 2011
Act No. 10813, jun. 30, 2011
Act No. 11175, Jan. 17, 2012
Act No. 11461, jun. 1, 2012
Act No. 11626, Jan. 23, 2013
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12443, Mar. 18, 2014
Act No. 12738, jun. 3, 2014
Act No. 13152, Feb. 3, 2015
Act No. 13426, Jul. 24, 2015
Act No. 13510, Nov. 20, 2015
Act No. 13739, Jan. 6, 2016
Act No. 13726, Jan. 6, 2016
Act No. 13855, Jan. 27, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14997, Oct. 31, 2017
Act No. 16902, Jan. 29, 2020
Act No. 17534, Oct. 20, 2020
Act No. 17761, Dec. 29, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure the efficient promotion and balanced development of the distribution industry and establish sound trade practices in commercial transactions, thereby protecting consumers and contributing to the development of the national economy.
[This Article Wholly Amended on Jan. 23, 2013]
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Feb. 3, 2015>
| 1. | The term "distribution industry" means an industry aimed at the wholesaling and retailing of agricultural products, forest products, livestock products, marine products (including processed goods or cooked marine products), and industrial products, and the storage, delivery, and packaging thereof, and the provision of information and services related thereto; |
| 2. | The term "salesroom" means a place for selling commodities and for rendering services involving the sale of commodities. In such cases, the scope of a place where such services are rendered in the salesroom shall be prescribed by Presidential Decree; |
| 3. | The term "superstore" means a group of stores salesrooms of which meet the following requirements, which is prescribed in the attached Table: |
| (a) | It shall be established in one unit or in group within one building or within at least two interlinked buildings that are prescribed by Presidential Decree; |
| (b) | It shall be continuously run; |
| (c) | It shall have the total area of at least three thousand square meters; |
| 4. | The term “quasi-superstore” means any of the following stores, which is prescribed by Presidential Decree: |
| (a) | A store directly operated by a company managing a superstore or by its affiliated company (referring to an affiliated company provided for in the Monopoly Regulation and Fair Trade Act); |
| (c) | A store operated by a company or an affiliated company under item (a) or (b) in the form of chain business under the direct management of the headquarters pursuant to subparagraph 6 (a) and franchise-type chain business pursuant to subparagraph 6 (b); |
| 5. | The term "temporary market" means a certain place where a large number of buyers and sellers trade commodities or provide services for a certain period of time; |
| 6. | The term “chain business” means any of the following businesses, which directly operates multiple retail stores in the same field of business (referring to direct operation of stores under their responsibilities and according to their calculations in their own stores or rent stores; hereinafter the same shall apply) or supplies commodities, raw materials, or services to multiple retail stores in the same field of business, while consistently providing management counseling thereto: |
| (a) | Chain business under the direct management of the headquarters: |
Chain business where the headquarters mainly operate retail stores directly, while continuously providing commodities and management counseling to certain retail stores which have concluded a franchise agreement (hereafter referred to as “franchise” in this subparagraph);
| (b) | Franchise-type chain business: |
Chain business where the headquarters, which has developed unique commodities, or sales or management technique, determines a store name, sales system, methods of operation of stores or methods of advertising and orders franchises to comply with its decision and counseling;
| (c) | Voluntary franchise-type chain business: |
Chain business where a project to standardize franchise items and operation types, and joint projects, such as group purchase, joint marketing and utilization of common facilities, are conducted through the continuous management counseling provided by the headquarters and cooperation between the headquarters and a franchise;
| (d) | Association-type chain business: |
| 7. | The term "shopping mall" means a 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; |
| 8. | The term "specialized shopping complex" means a shopping complex which multiple wholesalers or retailers in the same trade created by collectively setting up stores and annexed facilities in a certain area; |
| 9. | The term "nonstore sale" means a sale of commodities conducted without setting up any store with continuously-run salesrooms, as determined by Ordinance of the Ministry of Trade, Industry and Energy; |
| 10. | The term "standard distribution code" means such numerics and bar codes as inscribed on the surface of commodities, their packaging, or their packaging containers, or carrying containers in accordance with the standardized system, which are determined by Ordinance of the Ministry of Trade, Industry and Energy; |
| 12. | The term "point-of-sale information management system" means a system used to sell commodities, containing information related to the sale, purchase, delivery, etc. of commodities by the automatic optical reading technique; |
| 13. | The term "logistics equipment" means goods, machinery, installations, etc. which are used for the transportation, packaging, loading and unloading, and carriage of commodities and other activities involved in processing the logistics information related to the management of such transportation, etc.; |
| 14. | The term "wholesale delivery service" means a service in which, by means of collection and delivery facilities, a person engages in the wholesaling of commodities he/she purchases on his/her own account or a person, who obtains permission pursuant to Articles 3 and 29 of the Trucking Transport Business Act, engages in the provision of consigned commodities on commission to wholesalers or retailers; |
| 15. | The term "collection and delivery facilities" means machinery, installations, and other related facilities used to support activities related to the collection and delivery of commodities, such as order processing, the management of inventories, transportation, storage, loading and unloading, packaging, and processing, and other information processing activities conducted to organically coordinate and back up those activities; |
| 16. | The term "joint collection and delivery center" means a certain area and establishments which are equipped with collection and delivery facilities and incidental facilities thereto to be jointly used by multiple distributors and manufacturers. |
[This Article Wholly Amended on Jan. 23, 2013]
[The provisions regarding quasi-superstores of subparagraph 4 of Article 2 shall be effective until November 23, 2025 pursuant to Article 48-2.]
| Article 3 (Basic Direction-Setting for Policy Measures for Distribution Industry) |
For the purposes of achieving the objectives referred to in Article 1, the Government shall devise the following policy measures: | 1. | Promotion of advancement of distribution structures and the efficiency of distribution functions; |
| 2. | Promotion of consumers’ benefits and interest in the distribution industry; |
| 3. | Promotion of balanced development of the distribution industry by region; |
| 4. | Promotion of balanced development of the distribution industry by sector; |
| 6. | Enhancement of international competitiveness of the distribution industry; |
| 7. | Establishment of sound trade practices in commercial transactions and creation of a fair competition environment in the distribution industry; |
| 8. | Other matters necessary to promote the development of the distribution industry. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 4 (Exclusion from Application) |
This Act shall not apply to the following: <Amended on Nov. 20, 2015>
[This Article Wholly Amended on Jan. 23, 2013]
CHAPTER II DEVELOPMENT PLAN FOR DISTRIBUTION INDUSTRY, ETC.
| Article 5 (Formulation, Implementation, etc. of Master Plans) |
| (1) | The Minister of Trade, Industry and Energy shall, for the purpose of developing the distribution industry, work out master plans for the development of the distribution industry (hereinafter referred to as “master plan”) every five years after consulting with the head of a relevant central administrative agency and shall implement such master plan. <Amended on Mar. 23, 2013> |
| (2) | The master plan shall include the following matters: |
| 1. | Basic direction-setting for the development of the distribution industry; |
| 2. | Possible changes in conditions, whether domestic or international, of the distribution industry; |
| 3. | Current status and appraisal of the distribution industry; |
| 4. | Programs for development of the distribution industry by region and sector; |
| 5. | Programs for promoting efficiency and advancing distribution functions by industry and region; |
| 6. | Prospects for changes in the demand for and supply of distribution specialists and construction sites and facilities for distribution; |
| 7. | Ways to improve the structures of small and medium distribution enterprises and to sharpen their competitiveness; |
| 8. | Ways to maintain the sound trade practices in commercial transactions between superstores, and small and medium distribution enterprises, and small and medium manufacturing enterprises; |
| 9. | Other matters necessary to promote development of the distribution industry, such as deregulation and system improvement in the distribution industry. |
| (3) | The Minister of Trade, Industry and Energy may, if deemed necessary to develop a master plan, ask the heads of relevant central administrative agencies to furnish necessary materials. In such cases, the heads of the relevant central administrative agencies shall, upon receiving such request, comply therewith, except in extenuating circumstances. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Trade, Industry and Energy shall inform the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or the Governor of the Special Self-Governing Province (hereinafter referred to as the “Mayor/Do Governor”) of the master plan. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 6 (Formulation and Implementation, etc. of Action Plan) |
| (1) | The Minister of Trade, Industry and Energy shall formulate an action plan annually for the development of the distribution industry (hereinafter referred to as “action plan”) according to the master plan after consulting with the head of a relevant central administrative agency. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may, if deemed necessary to formulate an action plan, request the heads of central administrative agencies concerned to furnish necessary materials. In such cases, the heads of relevant central administrative agencies shall, upon receipt of such request, comply therewith the request, except in extenuating circumstances. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy and the head of a relevant central administrative agency shall strive to carry out such part of the action plan as may concern the Ministry and agency and to secure the necessary financial resources. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Trade, Industry and Energy shall notify the Mayors/Do Governors of details of the action plan. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 7 (Implementation, etc. of Action Plans by Local Governments) |
| (1) | The Mayor/Do Governor shall develop an action plan by region, in which matters falling under each of the following subparagraphs are contained, in accordance with the master plan and the action plan, and implement such regional action plan. In such cases, the Mayor/Do Governor (excluding a Special Self-Governing City Mayor) shall, in advance, hear the opinions of the head of a Si (including the head of an administrative city referred to in Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), /Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply): <Amended on Jul. 24. 2015> |
| 1. | Basic direction-setting for the development of the regional distribution industry; |
| 2. | Prospects for circumstantial changes in the regional distribution industry; |
| 3. | The current state and assessment of the regional distribution industry; |
| 4. | Ways to develop the regional distribution industry by category; |
| 5. | Ways to increase the efficiency and sophistication of the regional distribution function; |
| 6. | Ways to maintain balance in the supply of and demand for the manpower specializing in the distribution and the sites, facilities, etc.; |
| 7. | Ways to improve the structures of the regional small and medium distribution enterprises and to sharpen their competitiveness; |
| 8. | Other matters necessary to facilitate the development of the regional distribution industry, including relaxation of regulations on the regional distribution industry, and the institutional improvements in the regional distribution industry. |
| (2) | The head of a relevant central administrative agency may, where he/she deems it necessary for the development of the distribution industry, request the Mayors/Do Governors or the heads of a Si/Gun/Gu to take measures necessary for implementation of the action plan. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 7-2 Deleted. <Apr. 1, 2009> |
| Article 7-3 Deleted. <Apr. 1, 2009> |
| Article 7-4 (Fact-Finding Surveys on Distribution Industry) |
| (1) | The Minister of Trade, Industry and Energy may conduct fact-finding surveys on the distribution industry to efficiently develop and implement a master plan, an action plan, etc. <Amended on Mar. 23, 2013> |
| (2) | Where it is deemed necessary to conduct a fact-finding survey on the distribution industry, the Minister of Trade, Industry and Energy may request the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions, distribution business entities and organizations, etc. related thereto to furnish necessary materials. In such cases, the heads of the relevant central administrative agencies, etc., in the receipt of such request, shall comply with such request, except in extenuating circumstances. <Amended on Mar. 23, 2013> |
| (3) | Necessary matters such as the scope of fact-finding surveys on the distribution industry shall be prescribed by the Presidential Decree. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 7-5 (Distribution Industry Coexisting Development Council) |
| (1) | A distribution industry coexisting development council (hereinafter referred to as “the council”) shall be established under the jurisdiction of the head of a Special Self-Governing City or the head of a Si/Gun/Gu for the consultation on balanced development between superstores and quasi-superstores (hereinafter referred to as “superstore, etc.”) and local small and medium distribution companies. |
| (2) | Matters necessary for the composition, operation, etc. of the council shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jan. 23, 2013]
CHAPTER III SUPERSTORES, ETC.
| Article 8 (Establishment Registration of Superstores, etc. and Registration for Modification) |
| (1) | A person who intends to open a superstore or a quasi-superstore in any traditional commerce preservation area designated under Article 13-3 shall register with the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu, appending an evaluation report on impacts on commercial districts and a regional cooperation plan, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy before commencing his/her business. The same shall apply where he/she intends to modify registered matters. <Amended on Mar. 23, 2013> |
| (2) | Where the head of the Special Self-Governing City or the head of the Si/Gun/Gu deems the evaluation report on impacts on commercial districts or the regional cooperation plan submitted under paragraph (1) insufficient, he/she may request for supplementation specifying the reasons for such judgment within a period prescribed by Presidential Decree from the date of receipt. |
| (3) | When a person intends to file registration for establishment or modification [limited to cases where the location of a store is to be changed or the size of a salesroom is to be increased by at least 1/10 from the salesroom size as at the time of registration for establishment (where registration for modification of salesroom size has previously been made, such registration for modification)] of a superstore, etc. located in any traditional commerce preservation area designated under Article 13-3 in accordance with paragraph (1), the Mayor of the Special Self-Governing City or the head of the Si/Gun/Gu may restrict such registration or attach a condition thereto. <Amended on Mar. 18, 2014> |
| (4) | Detailed matters necessary for restrictions on registration, and conditions attached thereto, under paragraph (3) shall be prescribed by ordinance of the local government concerned. |
| (5) | Where an area within a certain distance, specified by Ordinance of the Ministry of Trade, Industry and Energy, from a superstore the registration of which is filed for establishment or modification is under the jurisdiction of an adjacent Special Self-Governing City or Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply), the Mayor of a relevant Special Self-Governing City or the head of a relevant Si/Gun/Gu shall notify the Mayor of the adjacent Special Self-Governing or the head of the adjacent Si/Gun/Gu that such application for registration of the establishment or modification is filed. <Newly Inserted on Jan. 6, 2016> |
| (6) | In receipt of notification of such application under paragraph (5), the Mayor of the adjacent Special Self-Governing City or the head of the adjacent Si/Gun/Gu may offer his/her opinion on such registration for establishment or modification within 20 days from the date of receipt of such notification. <Newly Inserted on Jan. 6, 2016> |
| (7) | When the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu reviews an evaluation report on impacts on commercial districts and a regional cooperation plan submitted pursuant to paragraph (1), he/she shall listen to the council and may require a specialized institution prescribed by Presidential Decree to conduct inspection thereon as necessary. <Newly Inserted on Jan. 6, 2016> |
[This Article Wholly Amended on Jan. 23, 2013]
[Article 8 (1), the provisions regarding quasi-superstores of Article 8 (2), and Article 8 (3) and (4) shall be effective until November 23, 2025 pursuant to Article 48-2.]
| Article 8-2 (Evaluation of and Checkup on Details and Implementation of Regional Cooperation Plans) |
| (1) | A regional cooperation plan referred to in Article 8 may include details regarding collaborative cooperation with local small and medium sized distribution enterprises, the growth of local employment, etc. |
| (2) | The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may check out progress in implementing a regional cooperation plan and recommend improvement when the progress is deemed insufficient. |
[This Article Newly Inserted on Jan. 6, 2016]
[Previous Article 8-2 moved to Article 8-3 <Jan. 6, 2016>]
| Article 8-3 (Advance Notice of Opening Plans for Superstores, etc.) |
A person who intends to open a superstore and a person who intends to open a quasi-superstore shall make advance notice of an opening plan, including store location, opening timing, etc., by not later than 60 days and 30 days, respectively, before commencement of his/her business in accordance with Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Jan. 6, 2016>
[This Article Newly Inserted on Jan. 23, 2013]
[Moved from Article 8-2 <Jan. 6, 2016>]
| Article 9 (Constructive Permission, etc. and Relevant Matters) |
| (1) | In registering a superstore pursuant to Article 8, the following matters on reporting, designation, registration, or permission (hereafter referred to as "permission, etc." in this Article), on which the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu has consulted with the heads of other administrative agencies under paragraph (3), shall be deemed to have obtained relevant permission, etc.: <Amended on Nov. 20, 2015; Jan. 6, 2016; Jan. 17, 2017; Dec. 29, 2020> |
| 12. | Reporting on the succession of a liquor sales business license provide for in Article 9 of the Liquor License Act; |
| (2) | Any person who intends to obtain permission, etc. shall submit necessary documents to obtain such permission, etc. when he/she files an application for registration of the establishment of his/her superstore, etc. |
| (3) | Upon receipt of an application for registration of a superstore, etc. and other documents submitted pursuant to paragraph (2), the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu shall consult with heads of other administrative agencies in advance where any of the matters falling under paragraph (1) falls within the purview of such other administrative agencies. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 10 (Disqualifications from Registration) |
Any of the following persons shall not be allowed to register a superstore, etc.: <Amended on Nov. 20, 2015>
| 1. | A person under adult guardianship or a minor; |
| 2. | A person who has been declared bankrupt, and is not yet reinstated; |
| 3. | A person who was sentenced to imprisonment with labor for violating this Act and for whom one year has not elapsed since the execution thereof was completed (including where the execution thereof is deemed complete) or since he/she was exempted from such sentence; |
| 4. | A person who was sentenced to the suspension of execution of imprisonment with labor for violating this Act and is still under the suspension period; |
| 5. | A person whose registration has been revoked pursuant to Article 11 (1) (excluding the revocation of registration under subparagraphs (1) and (2)) and for whom one year has not elapsed since the revocation; |
| 6. | A corporation whose representative falls under any of subparagraphs 1 through 5 of this paragraph. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 11 (Revocation of Registration, etc.) |
| (1) | Where a person who has registered the opening of a superstore under Article 8 (hereinafter referred to as “the operator of a superstore, etc.”) falls under any of the following cases, the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu shall revoke the registration. In such cases, the Mayor of the Special Self-Governing City or the head of the Si/Gun/Gu shall inform the head of an administrative agency related to any of the matters falling under the subparagraphs of Article 9 (1) of matters concerning the revocation of registration, without delay: |
| 1. | Where the operator of a superstore, etc. fails to commence business within one year without good cause. In this case, a period, which is normally required for construction of a superstore, etc., shall not be counted towards such period; |
| 2. | Where the operator of a superstore, etc. continues to suspend business for at least one year without good cause; |
| 3. | Where the operator of a superstore, etc. falls under any subparagraph of Article 10; |
| 4. | Where the operator of a superstore, etc. fails to comply with conditions attached under Article 8 (3). |
| (2) | In any of the following cases, paragraph (1) shall not apply until six months have lapsed from the date falling under subparagraph 6 of Article 10 or the date on which succession commences: |
| 1. | Where a corporation falls under subparagraph 6 of Article 10; |
| 2. | Where an heir, who has inherited the status of the operator of a superstore, etc., falls under any of subparagraphs 1 through 5-1 of Article 10. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 12 (Affairs, etc. of Operators of Superstores, etc.) |
| (1) | Any operator of a superstore, etc. shall perform the following affairs: |
| 1. | Establishment of trade practices in commercial transactions; |
| 2. | Maintenance of the safety of consumers and prompt handling of losses and grievances suffered by consumers and residents in the neighborhood; |
| 3. | Other affairs necessary to maintain the superstore, etc. |
| (2) | In a superstore, the shops of which have been sold in lots, or in a quasi-superstore registered, any of the following persons (hereinafter referred to as “the manager of a superstore, etc.”) shall perform the affairs provided for in the subparagraphs of paragraph (1): <Amended on Oct. 31, 2017> |
| 1. | Where a person directly runs at least half the area of salesrooms, such person; |
| 2. | Where no person runs at least half the area of salesrooms, any of the following persons: |
| (a) | A corporation established under the Civil Act or the Commercial Act under the agreement by at least 2/3 (the total area of the salesrooms operated by the consenting salesroom occupants shall be at least 1/2 of the total area of all the salesrooms; hereafter in this Chapter the same shall apply) of merchants operating in the relevant superstore or registered quasi-superstore (hereinafter referred to as “salesroom occupants”); |
| (b) | A cooperative (hereinafter referred to as "cooperative") under Article 3 (1) 1 of the Small and Medium Enterprise Cooperatives Act, or a business cooperative (hereinafter referred to as "business cooperative") under subparagraph 2 of the same paragraph, which is established under the agreement by at least 2/3 of salesroom occupants; |
| (c) | An autonomous management organization established under the agreement by at least 2/3 of salesroom occupants. In such cases, the organization shall qualify as a corporation, cooperative, or business cooperative prescribed in item (a) or (b) within six months; |
| (d) | Where no person exists who falls under any of items (a) through (c), a person designated under the agreement by at least half of the salesroom occupants. In such cases, such person shall establish a corporation, cooperative, or business cooperative prescribed in item (a) or (b) within six months. |
| (3) | The manager of a superstore, etc. shall report thereon to the Mayor of the Special Self-Governing City or the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The same shall apply to modification of reported matters. <Amended on Mar. 23, 2013; Oct. 31, 2017> |
| (4) | With regard to a superstore, the shops of which have been sold in lots, or a registered quasi-superstore, matters concerning divided ownership, among obligations falling under the subparagraphs of paragraph (1), shall be governed by the Act on Ownership and Management of Condominium Buildings. |
| (5) | Methods for calculating the number of consenting salesroom occupants prescribed in paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 31, 2017> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 12-2 (Restrictions, etc. on Business Hours of Superstores, etc.) |
| (1) | The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may order discount stores (including a store which is established within a superstore and meets the requirements for a discount store) and quasi-superstores to restrict business hours or suspend business, designating a date for compulsory closedown as prescribed in the following subparagraphs, where deemed necessary for the establishment of sound practices in distribution, employees’ health rights, and win-win development for both superstores, etc. and the small and medium distribution industry: Provided, That the foregoing shall not apply to a superstore, etc. prescribed by ordinance of the local government concerned, in which the sales of agricultural and fishery products under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products account for at least 55 percent of the annual turnover: |
| 1. | Restrictions on business hours; |
| 2. | Designation of a date for compulsory closedown. |
| (2) | The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may place restriction on business hours from 0 a.m. to 10 a.m. pursuant to paragraph (1) 1. |
| (3) | The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu shall designate two days for compulsory closedown each month pursuant to paragraph (1) 2. In such case, a day for compulsory closedown shall be designated from among holidays, but it shall be possible to designate a day, which is not a holiday, for compulsory closedown through agreement with interested parties. |
| (4) | Matters necessary for imposing restrictions on business hours and designation of a day for compulsory closedown under paragraphs (1) through (3) shall be prescribed by ordinance of the local government concerned. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 12-3 (Management Fees, etc. of Superstores, etc.) |
| (1) | The manager of a superstore, etc. may charge and collect management fees from salesroom occupants to maintain and manage the superstore, etc., and manage the collected fees. |
| (2) | Matters necessary for details of management fees referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The manager of a superstore, etc. may pay usage fees, etc. paid by salesroom occupants and prescribed by Presidential Decree to persons who are to receive the relevant usage fees, etc. on behalf of the salesroom occupants, etc. |
| (4) | The manager of a superstore, etc. shall disclose the following details (referring to calculation details by item, excluding imposition details by salesroom) on the website of the relevant superstore, etc. (when there is no website, referring to the management office or bulletin board of the relevant superstore, etc.), as prescribed by Presidential Decree: |
| 1. | The management fees referred to in paragraph (1); |
| 2. | The usage fees, etc. referred to in paragraph (3); |
| 3. | Other matters prescribed by Presidential Decree. |
| (5) | Where the manager of a superstore, etc. concludes a contract for consignment management, construction, service, etc. to maintain and manage the superstore, etc., such contract shall be concluded by the bidding methods prescribed by Presidential Decree, except for the cases prescribed by Presidential Decree in consideration of the nature, scale, etc. of contracts. |
| (6) | Where the manager of a superstore, etc. has concluded a contract pursuant to paragraph (5), he/she shall disclose the relevant written document on the website of the relevant superstore, etc. within one month from the date of concluding such contract. In such cases, the information prescribed in Article 12-4 (3) 1 shall be excluded therefrom. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 12-4 (Preparation and Retention of Accounting Documents) |
| (1) | The manager of a superstore, etc. shall prepare monthly books on all transaction activities, such as billing and receiving fees falling under any subparagraph of Article 12-3 (4), managing the amount of collected fees, etc., and retain them for five years from the end of the relevant fiscal year along with their evidential documents. |
| (2) | Where the manager of a superstore, etc. falls under Article 12 (2) 1, he/she shall perform the accounting prescribed in paragraph (1), separately from his/her own property. |
| (3) | Where any salesroom occupant requests inspecting books or their evidential documents prescribed in paragraph (1) or any other information prescribed by Presidential Decree or making a copy thereof at his/her own expense, the manager of a superstore, etc. shall comply with such request, except for the following information: In such cases, necessary matters concerning methods for inspecting and making copies of documents, etc. may be determined by management regulations: |
| 2. | Information that may cause significant disruption to fair conduct of business if disclosed, being an issue subject to decision-making process or internal review process. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 12-5 (Audit of Managers of Superstores, etc.) |
| (1) | The manager of a superstore, etc. shall undergo audit by an auditor prescribed in Article 3 (1) of the Act on External Audit of Stock Companies (hereafter in this Article referred to as “auditor”) at least once per year, as prescribed by Presidential Decree: Provided, That such audit may not be performed in the year in which at least 2/3 of the saleroom occupants agree not to undergo audit in writing. |
| (2) | The manager of the superstore, etc. shall disclose the outcomes of the audit prescribed in paragraph (1) on the website of the relevant superstore, etc. within one month from the date of receipt of the outcomes of the relevant audit. |
| (3) | The manager of the superstore, etc. may request recommendation of an auditor by the Mayor of a Special Self-Governing City, the head of a Si/Gun/Gu, or the Korean Institute of Certified Public Accountants referred to in Article 41 of the Certified Public Accountant Act. |
| (4) | The manager of the superstore, etc. undergoing the audit prescribed in paragraph (1) shall not engage in any of the following conduct: |
| 1. | Refusing, obstructing or avoiding an auditors' request for inspecting or copying documents, demand for submitting documents, or examination without just cause; |
| 2. | Obstructing the audit in a fraudulent manner, such as submitting false data to the auditor. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 12-6 (Management Regulations) |
| (1) | The manager of a superstore, etc. shall establish management regulations by acquiring consent of at least 2/3 of the salesroom occupants to provide for matters regarding the management or use of the relevant superstore, etc., and manage the relevant superstore, etc. in accordance with such management regulations. |
| (2) | Matters necessary for the methods for establishing, amending, etc. management regulations shall be prescribed by Presidential Decree. |
| (3) | Where any salesroom occupant requests inspecting or making a copy of the management regulations referred to in paragraph (1), the manager of the superstore, etc. shall comply with such request. |
| (4) | The Mayor/Do Governor shall prepare and disseminate the standard management regulations in order to promote efficient and fair management of superstores, etc. governed by this Act, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 13 (Succession to Status of Operator of Superstore, etc.) |
| (1) | Any of the following persons shall succeed to the status of the previous operator of a superstore, etc.: |
1．Where the operator of a superstore, etc. passes away, his/her heir;
| 2. | Where the operator of a superstore, etc. transfers his/her superstore, etc. to a third party, a transferee; |
| 3. | Where a corporation which has established a superstore, etc. is merged with any other corporation, a corporation surviving the merger or resulting from the consolidation. |
| (2) | Article 10 shall apply mutatis mutandis to persons who have succeeded to the status under paragraph (1). |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 13-2 (Reports on Suspension or Permanent Closure of Superstores, etc.) |
When any operator of a superstore, etc. (including a person who has reported under Article 12 (3)) intends to suspend or permanently close his/her business, he/she shall report such suspension or permanent closure to the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Jan. 23, 2013]
| Article 13-3 (Designation of Traditional Commerce Preservation Areas) |
| (1) | The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may designate a region prescribed by ordinance of the local government concerned within one km from the boundary of a traditional market or a traditional shopping street prescribed by the Minister of SMEs and Startups pursuant to the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter referred to as “traditional market, etc.”), as a traditional commerce preservation area, in order to conserve the tradition and history of the regional distribution industries. <Amended on Jul. 26, 2017> |
| (2) | The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu who intends to designate a traditional commerce preservation area under paragraph (1) may, where a part of an area within one km from the boundary of a traditional market, etc. under his/her jurisdiction belongs to an adjacent Special Self-Governing City or Si/Gun/Gu, request the Mayor of the adjacent Special Self-Governing City or the head of the adjacent Si/Gun/Gu to designate the corresponding part as a traditional commerce preservation area. <Amended on Jan. 6, 2016> |
| (3) | Upon receiving a request pursuant to paragraph (2), the Mayor of the adjacent Special Self-Governing City or the head of the Si/Gun/Gu shall designate the corresponding part as a traditional commerce preservation area through consultation with the Mayor of the Special Self-Governing City or the head of the Si/Gun/Gu who has made such request. |
| (4) | Necessary matters concerning the scope, designation procedures, revocation, etc. of designation of traditional commerce preservation areas under paragraphs (1) through (3) shall be prescribed by ordinance of the local government concerned. |
[This Article Wholly Amended on Jan. 23, 2013]
[Article 13-3 shall be effect until November 23, 2025 pursuant to Article 48-2.]
| Article 13-4 (Business Suspension) |
In any of the following subparagraphs, the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may order to suspend his/her business for a fixed period of not more than one month:
| 1. | A person who operates his/her business during the restriction on business hours at least three times within one year, in violation of the order issued under Article 12-2 (1) 1, or a person who conducts his/her business on a compulsory closedown date, in violation of the order issued under subparagraph 2 of the same paragraph at least three times within one year. In this case, the number of violations of the order issued under Article 12-2 (1) 1 and the number of violations of the order issued under subparagraph 2 of the same paragraph shall be added up; |
| 2. | A person who operates his/her business during a period of business suspension, in violation of the order to suspend the business issued under this Article. |
[This Article Newly Inserted on Jan. 23, 2013]
| Article 14 (Opening, etc. of Temporary Markets) |
| (1) | Methods for opening temporary markets, standards for facilities thereof, and other matters concerning the operation and management of temporary markets shall be prescribed by municipal ordinance of a Special Self-Governing City or Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply). |
| (2) | The heads of local governments shall systematically nurture and support temporary markets in order to revitalize them. |
[This Article Wholly Amended on Jan. 23, 2013]
CHAPTER IV STRENGTHENING OF COMPETITIVENESS OF DISTRIBUTION INDUSTRY
| Article 15 (Policy Measures for Development of Distribution Industry by Sector) |
| (1) | The Minister of Trade, Industry and Energy may, for the purpose of strengthening the competitiveness of the distribution industry, formulate and implement the following policy measures: <Amended on Mar. 23, 2013> |
| 1. | Policy measures for the development of chain business; |
| 2. | Policy measures for the development of nonstore sale business; |
| 3. | Other policy measures necessary for strengthening competitiveness of different sectors of the distribution industry. |
| (2) | The policy measures referred to in the subparagraphs of paragraph (1) shall include the following: |
| 1. | Current status of domestic and overseas business; |
| 2. | Matters relating to development strategies for different sectors and categories of the distribution industry; |
| 3. | Matters relating to the enhancement of understanding of the distribution industry; |
| 4. | Matters relating to training of specialized manpower; |
| 5. | Matters relating to facilitating the distribution of related information; |
| 6. | Other matters necessary to develop and strengthen competitive edge of the distribution industry by sector. |
| (3) | The Government shall formulate and implement policy measures necessary to revitalize conventional markets, and the Government and the heads of local governments may provide administrative and financial support necessary therefor. |
| (4) | The Government or the heads of local governments may develop and implement policy measures containing the following matters necessary to improve structures of small and medium distribution enterprises, and to sharpen their competitive edge, and may provide administrative and financial support necessary therefor: |
| 1. | Matters to help small and medium distribution enterprises start their businesses; |
| 2. | Matters concerning assistance in the funding, management, information, technology and manpower of small and medium distribution enterprises; |
| 3. | Matters concerning assistance in education and training for small and medium distribution enterprisers in order to introduce and disseminate advanced distribution techniques; |
| 4. | Matters concerning assistance for the joint cooperation projects of small and medium distribution enterprises, including the establishment and operation of joint wholesale logistics and distribution centers as provided for in Article 17-2 (1); |
| 5. | Other matters prescribed by Presidential Decree deemed necessary to facilitate structural improvement of small and medium distribution enterprises. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 16 (Duties of Chain Business Entities for Improvement of Management, etc.) |
| (1) | Chain business entities shall, for the purpose of improving the managerial conditions in favor of the stores under their direct control or of the stores affiliated with the chain (hereinafter referred to as “chain stores”), carry out the following matters: <Amended on Jul. 26, 2017> |
| 1. | Modernization of chain stores facilities; |
| 2. | Smooth supply of raw materials, commodities, or services to chain stores; |
| 3. | Guidance for chain stores on management activities, such as the management of stores, quality control, and promotion of sales, and on business activities; |
| 4. | Implementation of education and training on distribution for the employees of chain stores; |
| 5. | Building of a distribution information system between chain business entities and chain stores; |
| 6. | Establishment of collection and delivery facilities, and undertaking of joint logistics business; |
| 7. | Development and popularization of a joint brand or one’s own trademark; |
| 8. | Promotion of employment of a certified distribution manager; |
| 9. | Other matters deemed necessary by the Minister of SMEs and Startups to improve the management of chain business. |
| (2) | The Minister of Trade, Industry and Energy, the Minister of SMEs and Startups or the head of a local government may, where a chain business entity or chain business entities’ association seeks to carry out the business activities stipulated in subparagraphs of paragraph (1), grant the necessary funds, etc. within budgetary limits. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 17 Deleted. <Nov. 20, 2015> |
| Article 17-2 (Support for Joint Wholesale Logistics and Distribution Centers for Small and Medium Distribution Enterprises) |
| (1) | Where at least 50 retailers, or at least 10 wholesalers who are prescribed by Presidential Decree (hereafter referred to as "organization of small and medium distribution enterprisers" in this Article) from among small and medium enterprisers defined in Article 2 of the Framework Act on Small and Medium Enterprises set up or operate a physical distribution center that performs each of the following business activities in order to jointly sharpen competitive edge of small and medium distribution enterprises (hereinafter referred to as "joint wholesale logistics and distribution center for small and medium distribution enterprises"), the Minister of Trade, Industry and Energy, the Minister of SMEs and Startups, and the heads of the local governments may provide administrative and financial support to any of the joint wholesale logistics and distribution centers for small and medium distribution enterprises: <Amended on Mar. 23, 2013; Feb. 3, 2015; Jul. 26, 2017> |
| 1. | Joint logistics business, including storage, delivery, and packaging of goods; |
| 3. | Collecting, processing, and providing information by making use of a distribution and logistics information system; |
| 4. | Education and training aimed at improving the service capabilities of small and medium distribution enterprises which use the joint wholesale logistics and distribution centers established for small and medium distribution enterprises; |
| 5. | Other business activities deemed necessary by the Minister of Trade, Industry and Energy to upgrade the operation of the joint wholesale logistics and distribution centers for small and medium distribution enterprises after consulting thereabout with the Fair Trade Commission. |
| (2) | The head of a local government may set up a joint wholesale logistics and distribution center for small and medium distribution enterprises and commission its operation to either of the following organization or corporation: |
| 1. | An organization of small and medium distribution enterprisers; |
| 2. | A corporation invested and incorporated by both the local government and an organization of small and medium distribution enterprisers in order to operate the joint wholesale logistics and distribution center for small and medium distribution enterprises. |
| (3) | Where a local government sets up a joint wholesale logistics and distribution center for small and medium distribution enterprises and commissions its operation pursuant to paragraph (2), the local government may collect charges for the use of its facilities and equipment after consultation with its operating body within the limit of 5/1,000 of its sales amount in order to appropriate such use charges for payment of expenses incurred in maintaining its facilities and equipment and conducting relevant activities. |
| (4) | Details necessary to set up, operate, and administer joint wholesale logistics and distribution centers for small and medium distribution enterprises shall be prescribed and publicly notified by the Minister of SMEs and Startups. <Newly Inserted on Feb. 3, 2015; Jul. 26, 2017> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 18 (Shopping Mall Promotion Association) |
| (1) | Persons who run a wholesale business, retail business, service business, or any other business in a shopping mall are entitled to organize a shopping mall promotion association to revitalize the shopping mall. |
| (3) | A shopping mall promotion association shall be established with the consent of at least 2/3 of those eligible for membership referred to in paragraph (2): Provided, That where persons engaged in the same trade among the persons eligible for membership account for at least 1/2, it may be established with the consent of at least 3/5 of those engaged in the same trade. |
| (4) | A shopping mall promotion association shall be established as a cooperative or business cooperative. |
| (5) | The area that belongs to a shopping mall promotion association shall not overlap with that belonging to another shopping mall promotion association. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 19 (Support to Shopping Mall Promotion Association) |
The head of any local government may, within budgetary limits, grant necessary funds to a shopping mall promotion association which carries out the following activities:
| 1. | Standardization and modernization of store facilities; |
| 2. | Establishment of joint facilities for the sale, storage, transportation, inspection, etc. of commodities; |
| 3. | Establishment of public facilities, such as parking facilities, resting places, etc.; |
| 4. | Joint business for promoting the sales of commodities by individual members; |
| 5. | Establishment of trade practices in commercial transactions through the introduction of a price-tag system, etc.; |
| 6. | Training and provision of information for the enhancement of qualities of members and the employees thereof; |
| 7. | Other business activities as deemed necessary by the head of a local government to promote shopping malls. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 20 (Support, etc. for Construction of Specialized Shopping Complex) |
| (1) | The Minister of Trade, Industry and Energy, or the head of a relevant central administrative agency, or the heads of local governments may provide necessary administrative and financial support to any of the following persons who seek to construct a specialized shopping complex: <Amended on Mar. 23, 2013> |
| 2. | A trust business entity under the Financial Investment Services and Capital Markets Act which has entered into a trust contract with a person falling under subparagraph 1, the capital or annual turnover of which is at least the amount stipulated by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | Persons who intend to be granted support referred to in paragraph (1) shall draw up a business plan for the creation of a specialized shopping complex and submit such plan to the Minister of Trade, Industry and Energy, the head of a relevant central administrative agency, or the heads of local governments. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
CHAPTER V CREATION OF INFRASTRUCTURE FOR DEVELOPMENT OF DISTRIBUTION INDUSTRY
| Article 21 (Policy Measures, etc. for Distribution Informatization) |
| (1) | The Minister of Trade, Industry and Energy shall, for the purpose of promoting the informatization of distribution and expanding the electronic transaction infrastructure in the distribution sector, adopt and implement policy measures for the informatization of distribution, which contain the following matters: <Amended on Mar. 23, 2013> |
| 1. | Dissemination of a standard distribution code; |
| 2. | Dissemination of standard electronic distribution documents; |
| 3. | Proliferation of a point-of-sale information management system; |
| 4. | Proliferation of the inventory management system and the store management system, etc. to efficiently manage stores; |
| 5. | Development and dissemination of the electronic marketplace, etc. to facilitate electronic transactions of goods; |
| 6. | Development and proliferation of a system to set up an enterprise information system linking a large number of distribution and logistics enterprises; |
| 7. | Facilitation of the application and practical use of the radio frequency cognition system to efficiently manage distribution and logistics; |
| 8. | Promotion of the standardization of distribution information or distribution information system; |
| 9. | Other matters deemed necessary for the promotion of distribution informatization. |
| (2) | The Minister of Trade, Industry and Energy may, where deemed necessary to take policy measures for the informatization of distribution, request the Minister of Science and ICT to provide materials relating to telecommunications service providers who furnish distribution informatization service. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Trade, Industry and Energy may provide necessary funds to distributors, manufacturers, and distribution-related organizations within budgetary limits where they carry out the activities referred to in paragraph (1). <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 22 (Security, etc. of Standard Electronic Distribution Document and for Distribution Information) |
| (1) | No person shall forge or alter a standard electronic distribution document, or use or distribute a forged or altered electronic document. |
| (2) | No distribution informatization service provider shall make public any distribution information recorded on a standard electronic distribution document or on a file on the electronic data processing system, including computers: Provided, That this shall not apply to distribution information prescribed by Presidential Decree as such information poses no danger and threat to the national security and is unlikely to infringe on secrets of any other person. |
| (3) | The distribution informatization service provider shall retain standard electronic distribution documents for a period prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 23 (Fostering Specialized Distribution Personnel) |
| (1) | The Minister of Trade, Industry and Energy or the Minister of SMEs and Startups may, for the purpose of fostering specialized distribution personnel, carry out the following activities: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Education and training for enhancement of qualities of the persons engaged in the distribution industry; |
| 2. | Education and training for facilitation of employment, re-employment of, or starting a business by, persons who intend to engage in the distribution industry; |
| 3. | Development and dissemination of advanced distribution techniques; |
| 4. | Other activities deemed necessary to foster specialized distribution personnel. |
| (2) | Where the institution in any of the following subparagraphs conducts the business in each subparagraph of paragraph (1), the Minister of Trade, Industry and Energy or the Minister of SMEs and Startups may subsidize all or part of expenses necessary for such business within budgetary limits: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 3. | Distribution training institutions. |
| (3) | The term "distribution training institutions" in paragraph (2) 3 means institutions falling under any of the following subparagraphs: <Amended on Mar. 23, 2013> |
| 3. | Other institutions designated by the Minister of Trade, Industry and Energy, which are in compliance with the standards for facilities, manpower and training records prescribed by Presidential Decree for training manpower engaging in the distribution sector. |
| (4) | Necessary matters concerning procedures for designating distribution training institutions (hereinafter referred to as "designated distribution training institutions") provided for in paragraph (3) 3 shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (5) | Where any designated distribution training institution falls under subparagraph 1, the Minister of Trade, Industry and Energy shall revoke his/her designation thereof and where any designated distribution training institution falls under subparagraph 2, the Minister of Trade, Industry and Energy may revoke his/her designation or suspend the effect of his/her designation thereof for a period of not more than 3 months: <Amended on Mar. 23, 2013> |
| 1. | Where it has been designated by fraud or other improper means; |
| 2. | Where it is found to be incompatible with the designation standards referred to in paragraph (3) 3. |
| (6) | Where any designated distribution training institution is dissolved, the head of such designated distribution training institution shall notify the Minister of Trade, Industry and Energy thereof as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 24 (Certified Distribution Manager) |
| (1) | A certified distribution manager shall perform the following functions: |
| 1. | Advancement of distribution management and administration techniques; |
| 2. | Planning, survey, and research relating to distribution management and administration; |
| 3. | Diagnosis and appraisal relating to distribution management and administration; |
| 4. | Consultation and advice relating to distribution management and administration; |
| 5. | Other necessary matters relating to distribution management and administration. |
| (2) | Any person who desires to become a certified distribution manager shall pass the qualifying examination for certified distribution managers administered by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (3) | Matters necessary for grades of certified distribution managers, the method of conducting the qualifying examination, qualifications for application, subjects for the examination, the scope of exemption of certain subjects or the scope of points added to the examination scores, the issuance of the certificates of qualifications, etc. shall be prescribed by Presidential Decree. |
| (4) | The Minister of Trade, Industry and Energy or the head of a local government may, in respect of distributors and their organizations employing certified distribution managers and their organization, grant funds, etc. in preference to other distributors and their organizations. <Amended on Mar. 23, 2013> |
| (5) | When a certified distribution manager is found to have obtained his/her certificate by fraud or other improper means, the Minister of Trade, Industry and Energy shall revoke such certificate. <Amended on Mar. 23, 2013; Jan. 27, 2016> |
| (6) | The Minister of Trade, Industry and Energy may suspend the qualification of a certified distribution manager who allows another person to use his/her title or lends his/her certificate, specifying a period not exceeding six months as prescribed by the Presidential Decree. <Newly Inserted on Jan. 27, 2016> |
| (7) | A person whose qualification as a certified distribution manager is revoked pursuant to paragraph (5) shall be prohibited from applying for the qualifying examination for certified distribution managers for three years from the date his/her qualifications as a certified distribution manager is revoked. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 25 (Facilitation of Globalization of Distribution Industry) |
The Minister of Trade, Industry and Energy may bear all or some of the necessary expenses to be incurred by distributors or their organizations within budgetary limits when they conduct the following activities: <Amended on Mar. 23, 2013>
| 1. | International exchange of distribution-related information, technology and manpower; |
| 2. | International standardization of distribution, joint survey and research on distribution, and technical cooperation in distribution; |
| 3. | Hosting international academic symposia and international exhibitions related to distribution; |
| 4. | Survey and analysis of overseas distribution markets and systematic circulation of collected information; |
| 5. | Joint cooperation projects, such as the establishment of joint purchase and sales networks for joint advancement into overseas distribution markets; |
| 6. | Other activities as may be deemed necessary for globalization of the distribution industry. |
[This Article Wholly Amended on Jan. 23, 2013]
CHAPTER VI PROMOTION OF EFFICIENCY OF DISTRIBUTION FUNCTIONS
| Article 26 (Policy Measures of Efficient Distribution Functions) |
| (1) | The Minister of Trade, Industry and Energy shall, for the promotion of efficiency of distribution functions, devise the following policy measures: <Amended on Mar. 23, 2013> |
| 1. | Encouraging standardization of physical distribution; |
| 2. | Expanding infrastructure for informatization of physical distribution; |
| 3. | Encouraging joint physical distribution; |
| 4. | Encouraging physical distribution through external entrustment; |
| 5. | Sophistication and advancement of physical distribution technology and techniques; |
| 6. | Expansion and efficient arrangement of collection and delivery facilities and joint collection and delivery center; |
| 7. | Such other matters as may be deemed necessary for promoting the efficiency of distribution functions. |
| (2) | The Minister of Trade, Industry and Energy may, for the purpose of achieving the sophistication and advancement of physical distribution technology and techniques as stipulated in paragraph (1) 5, carry out the following activities: <Amended on Mar. 23, 2013> |
| 1. | Investigation into the level of domestic and overseas physical distribution technology; |
| 2. | Research and development of physical distribution technology and techniques, and utilization of physical distribution technology and techniques developed; |
| 3. | Cooperation in and guidance on physical distribution technology, and transfer of such technology; |
| 4. | Other activities as may be deemed necessary for developing physical distribution technology and techniques and improving their levels. |
| (3) | The Minister of Trade, Industry and Energy may provide necessary funds to distributers, manufacturers, physical distributors, or other related organizations within budgetary limits, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, when they carry out activities referred to in subparagraphs of paragraphs (1) and (2). <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 27 Deleted. <Nov. 20, 2015> |
| Article 27-2 Deleted. <Nov. 20, 2015> |
| Article 28 Deleted. <Nov. 20, 2015> |
| Article 29 (Designation, etc. of Joint Collection and Delivery Center) |
| (1) | The Minister of Trade, Industry and Energy may, where deemed necessary for the purpose of promoting joint logistics, designate, as a joint collection and delivery center, the areas and facilities meeting the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy, including areas of the site and facility areas; and accessibility to distribution facilities, upon recommendation by the Mayor/Do Governor. <Amended on Mar. 23, 2013; Nov. 20, 2015> |
| (2) | Any person who intends to obtain designation of a joint collection and delivery center pursuant to paragraph (1) shall, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, file an application for recommendation for designation as a joint collection and delivery center, along with a project plan for the establishment and operation of the joint collection and delivery center with the Mayor/Do Governor concerned. <Amended on Mar. 23, 2013> |
| (3) | Upon receipt of an application for recommendation under paragraph (2), the Mayor/Do Governor shall, where it is deemed necessary for efficiency in the collection and delivery system of the area concerned as a result of examining the feasibility of such project, submit to the Minister of Trade, Industry and Energy a written recommendation and other documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (4) | Any person who intends to establish and operate a joint collection and delivery center designated under paragraph (1) (hereinafter referred to as “joint collection and delivery center operator”) shall, where he/she intends to modify important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, among the designated matters, obtain approval by the Minister of Trade, Industry and Energy for the modification thereof. <Amended on Mar. 23, 2013> |
| (5) | Where the Minister of Trade, Industry and Energy intends to designate a joint collection and delivery center, or modify the designated matters thereof, he/she shall consult with the heads of relevant central administrative agencies in advance. <Amended on Mar. 23, 2013> |
| (6) | The Minister of Trade, Industry and Energy shall, when he/she has designated a joint collection and delivery center pursuant to paragraph (1), publicly notify the designation in accordance with Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (7) | A joint collection and delivery center operator shall establish and operate a joint collection and delivery center according to standards for its facilities and operation prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 30 (Legal Fictions as Authorization, Permission, etc.) |
| (1) | In designating a joint collection and delivery center under Article 29 (1), with respect to the following permission, reporting, approval, authorization, consultation, rescission, designation, and examination (hereafter referred to as "authorization, permission, etc." in this Article), for which the Minister of Trade, Industry and Energy has obtained the consent of the head of a relevant administrative agency after consulting with him/her under paragraph (2), the relevant authorization, permission, etc. shall be deemed granted: <Amended on Mar. 23, 2013; Jan. 14, 2014; Jun. 3, 2014; Dec. 27, 2016; Jan. 29, 2020> |
| 12. | Permission to cut standing timber and bamboo, collect earth, rocks or roots of trees or grass, graze cattle, or conduct any other activities that cause any damage or alteration to anti-erosion facilities or any alteration in the form and quality of land under Article 14 (1) of the Erosion Control Work Act, and revocation of the designation of land for erosion control under Article 20 (1) of the same Act; |
| (2) | Where the Minister of Trade, Industry and Energy intends to designate a joint collection and delivery center under Article 29, he/she shall consult with the head of a relevant administrative agency when the contents of such designation contain any of the matters falling under paragraph (1). In such cases, the head of the relevant administrative agency shall submit his/her opinion thereon within a period prescribed by Presidential Decree after receipt of a request for consultation made by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 31 (Support for Joint Collection and Delivery Center) |
| (1) | The Minister of Trade, Industry and Energy may bear necessary expenses, etc. for the establishment of joint collection and delivery centers designated pursuant to Article 29 (1). <Amended on Mar. 23, 2013> |
| (2) | Deleted. <Nov. 20, 2015> |
| (3) | The Minister of Trade, Industry and Energy may, where it is deemed necessary for the establishment of joint collection and delivery centers, request Mayors/Do Governors to render cooperation in relation to securing their building sites, the alteration of urban/Gun planning, or establishment of urban/Gun planning facilities, etc. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 32 (Development Trust of Joint Collection and Delivery Center) |
| (1) | A joint collection and delivery center entity may enter into a trust contract with such trust business entity, as stipulated in the Financial Investment Services and Capital Markets Act, and develop, under the trust contract, a joint collection and delivery center. |
| (2) | The trust business entity, which has concluded the trust contract referred to in paragraph (1), shall succeed to the status of the joint collection and delivery center entity. In such cases, the joint collection and delivery center entity shall submit a copy of the trust contract to the Minister of Trade, Industry and Energy within 14 days from the date the contract is concluded. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 33 (Corrective Order and Revocation of Designation) |
| (1) | The Minister of Trade, Industry and Energy may, where a joint collection and delivery center fails to meet the requirements for its designation and the standards for its facilities and operation under Article 29 (1) and (7), issue a corrective order to the joint collection and delivery center entity, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may revoke designation of a joint collection and delivery center where it falls under any of the following subparagraphs: Provided, That in cases falling under subparagraph 1, he/she shall revoke such designation: <Amended on Mar. 23, 2013> |
| 1. | When a joint collection and delivery center is found to have been designated by fraud or other improper means; |
| 2. | When a joint collection and delivery center has not been built without good cause within three years from the date when it was designated as such; |
| 3. | When a joint collection and delivery center entity has failed to comply with a corrective order issued under paragraph (1); |
| 4. | When normal execution of projects is deemed impracticable due to any reason prescribed by Presidential Decree, such as where its entity has been declared bankrupt. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 34 (Designation, etc. of Joint Collection and Delivery Center Development Facilitation Zone) |
| (1) | The Mayor/Do Governor may, for the purpose of promoting collective installation of collection and delivery facilities and efficiently arranging collection and delivery facilities, request the Minister of Trade, Industry and Energy to designate a joint collection and delivery center development facilitation zone (hereinafter referred to as “facilitation zone”). <Amended on Mar. 23, 2013> |
| (2) | When an area requested by the Mayor/Do Governor under paragraph (1) is deemed to satisfy such requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy, the Minister of Trade, Industry and Energy shall designate such area as a facilitation zone, and publicly notify it in accordance with Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy shall, when he/she intends to designate a facilitation zone, consult, in advance, with the head of a relevant central administrative agency. <Amended on Mar. 23, 2013> |
| (4) | Necessary matters concerning requirements, procedures, etc. for the designation referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 35 (Support for Facilitation Zones) |
| (1) | The Minister of Trade, Industry and Energy or the Mayor/Do Governor may, for the purpose of vitalizing the development of facilitation zones, provide funds and other necessary support for collection and delivery facilities installed in or transferred into the facilitation zones. <Amended on Mar. 23, 2013> |
| (2) | With respect to collection and delivery facilities located in the facilitation zones, the Minister of Trade, Industry and Energy may, notwithstanding Article 29 (1), designate them as joint collection and delivery centers regardless of recommendations from the Mayor/Do Governor therefor. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 35-2 (Sale, etc. of State and Public Properties) |
| (2) | A person who intends to open a superstore or to build a joint wholesale logistics and distribution center for small and medium distribution enterprises may commission a State agency or a local government to construct roads, as prescribed by Presidential Decree. |
| (3) | Where a person who intends to open a superstore or to build a joint wholesale logistics and distribution center for small and medium distribution enterprises commission a State agency or a local government to construct roads pursuant to paragraph (2), he/she shall pay commission fees, the rates of which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 23, 2013]
CHAPTER VII ESTABLISHMENT OF TRADE PRACTICES IN COMMERCIAL TRANSACTIONS
| Article 36 (Distribution Dispute Mediation Committee) |
| (1) | A Distribution Dispute Mediation Committee (hereinafter referred to as "the Committee") may be established in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do") and a Si (including an administrative Si provided for in Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu, respectively, to mediate the following disputes over distribution: <Amended on Jul. 24, 2015; Oct. 31, 2017> |
| 1. | Disputes over business activities between a registered superstore, etc. and wholesalers or retailers in the neighborhood: Provided, That this shall not include any matter governed by the Monopoly Regulation and Fair Trade Act; |
| 2. | Matters regarding business activities between a registered superstore, etc. and small and medium manufacturing enterprises: Provided, That any matter governed by the Monopoly Regulation and Fair Trade Act shall be excluded therefrom; |
| 3. | Disputes over a living environment between a registered superstore, etc. and residents in the neighborhood; |
| 4. | Disputes arising regarding performance of the affairs prescribed in the subparagraphs of Article 12 (1). |
| (2) | The Committee shall consist of not less than 11 but not more than 15 members, including one chairperson. |
| (3) | The chairperson of the Committee shall be elected, by and from among the members of the Committee. |
| (4) | The members of the Committee shall be: |
| 1. | Any of the following persons, who is commissioned by the head of a relevant local government: |
| (a) | Persons who hold qualifications as judges, prosecutors, or attorneys-at-law; |
| (b) | Executive officers or employees of the Korea Chamber of Commerce and Industry; |
| (c) | Representatives of consumers' associations; |
| (d) | Persons with abundant knowledge and experience in the field of the distribution industry; |
| (e) | Consumers residing in the relevant local government; |
| 2. | Public officials who take charge of the wholesale and retail business of the relevant local government, who are designated by the head of the relevant local government. |
| (5) | The term of office of non-public official members shall be two years. |
| (6) | The scope of superstores, business activities, and a living environment referred to in the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree. |
| (7) | Except as otherwise provided for in paragraphs (1) through (5), matters necessary for the organization, operation, etc. of the Committee shall be prescribed by ordinance of the relevant local government concerned. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 37 (Mediation of Disputes) |
| (1) | Any person who wishes to have disputes regarding superstores, etc. mediated under Article 36 may file an application for mediation of disputes with the Committee belonging to a Special Self-Governing City or a Si/Gun/Gu. |
| (2) | The Committee shall, upon receipt of an application for mediation of a dispute under paragraph (1), examine the case and prepare a draft mediation agreement within 60 days after receipt of such application: Provided, That if there is any unavoidable cause, the Committee may resolve to extend the period. |
| (3) | Any person who is dissatisfied with the draft mediation agreement of the Committee of a Si (excluding a Special Self-Governing City)/Gun/Gu under paragraph (2) may file an application for mediating the case with the Committee of the relevant City/Do within 15 days after receipt of the draft mediation. |
| (4) | The Committee of the relevant City/Do shall, upon receipt of the application for mediation under paragraph (3), notify the contents of such application to the Committee of the relevant Si/Gun/Gu and the relevant parties, excluding the applicant, and then examine the case and prepare a draft mediation within 30 days after receipt of such application: Provided, That if there is any unavoidable cause, the Committee may resolve to extend the period. |
| (5) | Where the period is extended in accordance with the provisos to paragraphs (2) and (4), the Committee shall notify the relevant parties of the grounds for extending the period. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 38 (Request for Materials, etc.) |
| (1) | The Committee may request parties involved in a dispute or other relevant witnesses to provide materials necessary to mediate the dispute. In such cases, the relevant parties shall comply with the request in the absence of good cause to the contrary. |
| (2) | The Committee may, when it is deemed necessary, require the relevant parties or witnesses to be present at a meeting of the Committee to hear their opinions. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 39 (Effect of Mediation) |
| (1) | The Committee shall, when it prepares a draft mediation in accordance with Article 37, present such draft mediation to each of the parties without delay. |
| (2) | Each of the parties presented with a draft mediation agreement under paragraph (1) shall serve a notice to the Committee as to whether he/she accepts the draft mediation within 15 days from the date on which he/she has received such draft mediation. |
| (3) | If the parties accept the draft mediation, the Committee shall promptly prepare a written mediation, and the chairperson and the parties shall affix their names and seals or sign their names thereon. <Amended on Jan. 6, 2016> |
| (4) | When the parties accept the draft mediation under paragraph (3) and affix their names and seals or sign their names thereon, an agreement identical to the written mediation between the parties shall be deemed reached. <Amended on Jan. 6, 2016> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 40 (Rejection and Suspension of Mediation) |
| (1) | When the Committee deems that it is inappropriate for the Committee to mediate a dispute in light of its nature or that an application for mediation of a dispute is filed for an unfair purpose, it may reject the relevant mediation. In such cases, a notice on the grounds, etc. of rejecting the mediation shall be served on the relevant parties. |
| (2) | In the event that any of the parties to a medication case files a lawsuit in the process of examining the case, the Committee shall suspend handling the dispute and serve a notice thereon to the relevant parties. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 41 (Procedures, etc. for Mediation) |
Other than those as prescribed in Articles 36 through 40, necessary matters concerning the methods and procedures for mediating any dispute, the handling of mediation business, the allotment of mediation expenses involved, and other similar matters shall be prescribed by Presidential Decree. [This Article Wholly Amended on Jan. 23, 2013]
| Article 42 (Recommendation to Non-profit Corporations) |
| (1) | Where the head of a local government deems that a non-profit corporation established under the Civil Act or any other Act deviates, in the course of engaging in sales activities, from the scope of the purpose of the establishment of the corporation, and thus significantly undermines the interests of its adjacent wholesalers or retailers, he/she may recommend that the relevant corporation suspend the sales activities conducted outside the scope of the purpose of its establishment. |
| (2) | The head of a local government may request the non-profit corporation under paragraph (1) to furnish records of current sales activities and other materials. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 43 (Transparency in Commercial Transactions) |
The Government shall strive to ensure fair and transparent commercial transactions in the distribution sector.
[This Article Wholly Amended on Jan. 23, 2013]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
The Minister of Trade, Industry and Energy, the Minister of SMEs and Startups, the Mayor of a Special Self-Governing City, or the head of a Si/Gun/Gu shall hold a hearing when he/she intends to take any of the following measures: <Amended on Mar. 23, 2013; Jul. 26, 2017>
| 1. | Revocation of registration of the opening of a superstore, etc. under Article 11 (1); |
| 2. | Deleted; <Nov. 20, 2015> |
| 3. | Revocation of a designated distribution training institution under Article 23 (5); |
| 4. | Revocation of the qualification of a certified distribution manager under Article 24 (5); |
| 5. | Deleted; <Nov. 20, 2015> |
| 6. | Deleted; <Nov. 20, 2015> |
| 7. | Revocation of the designation of a joint collection and delivery center under Article 33 (2). |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 44-2 (Inspection, Supervision, etc. of Current Status of Managing Superstores, etc.) |
| (1) | Where it is deemed necessary to ascertain the execution of duties by the manager of a superstore, etc., the collection and management of fees, etc., the Minister of Trade, Industry and Energy, or the Mayor of the Special Self-Governing City or the head of a Si/Gun/Gu may require the manager of the superstore, etc. to report matters related to his/he duties or to submit documents; and may have relevant public officials access to the place of business, etc. to inspect related documents, etc. |
| (2) | The public official who intends to conduct an inspection prescribed in paragraph (1) shall notify the person to be inspected of the date, purpose, and details of the inspection by three days before the inspection: Provided, That the foregoing shall not apply when the inspection needs to be conducted urgently or it is acknowledged that the purpose of the inspection cannot be achieved if prior notice is provided due to destruction of evidence, etc. |
| (3) | The public official who has an access to the place of business, etc. or who conducts an inspection pursuant to paragraph (1) shall carry a certificate indicating his/her authority and present it to related persons. |
| (4) | The Minister of Trade, Industry and Energy may require the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu to report matters regarding the current information on the managers of superstores, etc., their execution of duties, collection and management of fees, and other relevant matters. |
[This Article Newly Inserted on Oct. 31, 2017]
| (1) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall report the following matters to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 1. | Action plan by region under Article 7 and the outcomes thereof; |
| 2. | Registration for the opening of superstores, revocation of such registration, or current status on reporting made by a person who conducts the affairs of the operator of a superstore, etc. under Articles 8, 11 and 12; |
| 3. | Outcomes of mediation of disputes under Article 37; |
| 4. | Outcomes of recommendations to non-profit corporations under Article 42. |
| (2) | When the Minister of Trade, Industry and Energy, the Minister of SMEs and Startups, or the head of a local government deems it necessary to provide funds, etc. under this Act, he/she may require any of the following persons to report his/her business performance and other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Mar. 23, 2013; Nov. 20, 2015; Jul. 26, 2017> |
| 1. | The operator of a joint wholesale logistics and distribution center for small and medium distribution enterprises, or implementer of a joint collection and delivery center project; |
| 2. | Distributors' organizations; |
| 3. | Distribution training institutions provided for in each subparagraph of Article 23 (3). |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 46 (Delegation and Entrustment of Authority or Business Affairs) |
| (1) | The Minister of Trade, Industry and Energy may delegate part of his/her authority vested under this Act to the Administrator of the Korean Agency for Technology and Standards, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 20, 2015; Jul. 26, 2017> |
| (2) | The Minister of Trade, Industry and Energy or the Minister of SMEs and Startups may delegate part of his/her authority vested under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Part of the Authority of the Minister of Trade, Industry and Energy under this Act may be entrusted to the Minister of SMEs and Startups, as prescribed by Presidential Decree. <Newly Inserted on Jul. 26, 2017> |
| (4) | The Minister of Trade, Industry and Energy may entrust his/her work prescribed in Article 24 in relation to the conduct of the qualifying examination for certified distribution managers to the Korea Chamber of Commerce and Industry, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The Minister of Trade, Industry and Energy may entrust fact-finding surveys on the distribution industry provided for in Article 7-4 to a statistics collection agency designated under Article 15 of the Statistics Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 47 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
[This Article Wholly Amended on Jan. 23, 2013]
| (1) | Any person who intends to file registration for the establishment of a superstore, etc. under Article 8 shall pay fees, as prescribed by municipal ordinance of the Special Self-Governing City or a Si/Gun/Gu within the scope determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (2) | Deleted. <Nov. 20, 2015> |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 48-2 (Effective Period of Regulation) |
Subparagraph 4 of Article 2; the provisions governing quasi-superstores under Article 8 (1) and (2); Article 8 (3) and (4); and Article 13-3 shall be effective until November 23, 2025. <Amended on Oct. 20, 2020> [This Article Newly Inserted on Nov. 20, 2015]
CHAPTER IX PENALTY PROVISIONS
| Article 49 (Penalty Provisions) |
| (1) | Any person who forges or modifies a standard electronic distribution document, or uses or distributes a forged or modified electronic document in violation of Article 22 (1), shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding one hundred million won. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 30 million won: |
| 1. | Any person who has opened a superstore, etc. without registration, in violation of the forepart of Article 8 (1) or has filed for registration of the establishment of a superstore, etc. by fraud or other improper means; |
| 2. | Any person who has opened a superstore, etc. without making a report, in violation of Article 12 (3) or has reported the opening of a superstore, etc. by fraud or other improper means. |
| (3) | Any person who fails to retain a standard electronic distribution document, in violation of Article 22 (3) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. |
| (4) | Attempts to commit the offenses prescribed in paragraph (1) shall be punishable. |
[This Article Wholly Amended on Jan. 23, 2013]
| Article 50 (Penalty Provisions) |
Any person who makes public distribution information recorded on a standard electronic distribution document or on the file on the electronic data processing system, including computers, in contravention of Article 22 (2), shall be punished by a fine not exceeding 10 million won. [This Article Wholly Amended on Jan. 23, 2013]
| Article 51 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent of, employee of, or any other person employed by a corporation or an individual commits any offense referred to in Article 49 or 50 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be subject to a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention or supervision concerning the relevant duties to prevent such offense. [This Article Wholly Amended on Dec. 26, 2008]
| Article 52 (Administrative Fines) |
| (1) | The following persons shall be subject to administrative fines not exceeding 100 million won: |
| 1. | Any person who conducts a business during hours of business restriction, in violation of an order issued under Article 12-2 (1) 1; |
| 2. | Any person who fails to comply with an order to compulsorily close a company issued under Article 12-2 (1) 2. |
| (2) | The following persons shall be punished by administrative fines not exceeding 10 million won: <Newly Inserted on Oct. 31, 2017> |
| 1. | A person who fails to undergo an audit, in violation of Article 12-5 (1), or has undergone an audit by wrongful means; |
| 2. | A person who commits conduct falling under any subparagraph of Article 12-5 (4), such as obstructing audit, in violation of the same paragraph. |
| (3) | The following persons shall be punished by administrative fines not exceeding five million won: <Amended on Oct. 31, 2017> |
| 1. | Any person who fails to file for registration to modify registration details of a superstore, etc., in violation of the latter provisions of Article 8 (1) or who has filed for registration to modify registration details by fraud or other improper means; |
| 2. | Any person who fails to open a superstore, etc. as required under Article 12 (1) and (2); |
| 2-2. | Any person who fails to disclose details of management fees, etc., in violation of Article 12-3 (4), or who has disclosed them by fraud; |
| 2-3. | Any person who concludes a contract, in violation of Article 12-3 (5); |
| 2-4. | Any person who fails to disclose a written contract, in violation of Article 12-3 (6), or has disclosed it by fraud; |
| 2-5. | Any person who fails to prepare or retain books and their evidential documents, in violation of Article 12-4 (1), or has prepared them by fraud; |
| 2-6. | Any person who has performed the accounting, in violation of Article 12-4 (2); |
| 2-7. | Any person who fails to comply with a request for inspecting or copying books or their evidential documents, etc., in violation of Article 12-4 (3), or has responded to such request by fraud; |
| 2-8. | Any person who fails to disclose the outcomes of audit, in violation of Article 12-5 (2), or has disclosed them by fraud; |
| 2-9. | Any person who fails to comply with a request for inspecting or copying management regulations, in violation of Article 12-6 (3) or has responded to such request by fraud; |
| 3. | Any person who opens a temporary market, in violation of Article 14 (1); |
| 4. | Any person who fails to obtain designation for alteration, in violation of Article 29 (4); |
| 5. | Any joint collection and delivery center operator who fails to comply with a corrective order under Article 33 (1); |
| 6. | Any person who files a false report under Article 45 (2). |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Trade, Industry and Energy, the Minister of SMEs and Startups, or the heads of local governments, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 31, 2017> |
[This Article Wholly Amended on Jan. 23, 2013]
ADDENDA <Act No. 6959, Jul. 30, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of Articles 17 and 28 shall be effective for five years after this Act enters into force. Article 3 (Transitional Measures concerning Registration, etc. of Superstore Opening)
| (1) | A person who has effected registration for establishment of superstore or filed an application therefor with the Mayor/Do Governor pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have effected such registration or filed such application with the head of a Si/Gun/Gu in accordance with the amended provisions of Article 8. |
| (2) | The amended provisions of Article 9 shall also apply with respect to a superstore the procedures of whose registration are underway at the time this Act enters into force. In such cases, a person who intends to become subject to the amended provisions of Article 9 (1) shall submit the relevant documents to the head of a Si/Gun/Gu pursuant to the amended provisions of paragraph (2) of the said Article. |
Article 4 (Transitional Measures concerning Designated Chain Business Entities)
Any designated chain business entity designated under the previous provisions as at the time this Act enters into force shall be deemed designated as an exemplary chain business entity under the amended provisions of Article 17 (1). Article 5 (Transitional Measures concerning Certified Sales Manager)
Any person who holds the qualification of a certified sales manager pursuant to the previous provisions at the time this Act enters into force shall be deemed to have the qualification of a certified distribution manager under the amended provisions of Article 24. Article 6 (Transitional Measures concerning Designated Wholesale Delivery Service Provider)
Any such designated wholesale delivery service provider designated under the previous provisions at the time this Act enters into force shall be deemed designated as an exemplary wholesale delivery service provider under the amended provisions of Article 28 (1). Article 7 (Transitional Measures concerning Joint Collection and Delivery Complex)
| (1) | Any such collection and delivery center which is created in a joint collection and delivery complex as designated under the previous provisions at the time this Act enters into force shall be deemed designated as a joint collection and delivery center under the amended provisions of Article 29 (1). |
| (2) | Any such joint collection and delivery complex as designated under the previous provisions at the time this Act enters into force shall be deemed to be designated as a joint collection and delivery center development facilitation zone under the amended provisions of Article 34. |
Article 8 (Transitional Measures concerning Application of Penalty Provisions)
The previous provisions shall apply to the application of penalty provisions for acts committed before this Act enters into force.
Article 9 (Relations with Other Acts)
Where other Acts cite the previous Distribution Industry Development Act or the provisions thereof as at the time this Act enters into force, if this Act includes any provisions corresponding to the said Act or provisions, this Act or the corresponding provisions of this Act shall be deemed cited in lieu thereof.
ADDENDA <Act No. 7100, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 24 Omitted.
ADDENDA <Act No. 7219, Sep. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7756, Dec. 23, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability concerning Methods of Electing Chairperson of Distribution Dispute Mediation Committee) The amended provisions of Article 36 (3) shall apply, beginning with the chairperson first elected after this Act enters into force. |
| (3) | (Transitional Measures concerning Certification of Logistics Equipment) With respect to logistics equipment which was certified pursuant to the previous provisions, as at the time this Act enters into force, shall be deemed certified as logistics equipment pursuant to the amended provisions of Article 27 (1). |
| (4) | (Transitional Measures concerning Application of Penalty Provisions) The previous provisions shall apply to the application of penalty provisions for acts committed before this Act enters into force. |
ADDENDA <Act No. 7943, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 7995, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8349, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8354, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8365, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8387, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8617, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8635, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 44 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8979, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 9242, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9584, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on May 8, 2009.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 9585, Apr. 1, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10310, May 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10398, Nov. 24, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Deleted. <by Act No. 13510, Nov. 20, 2015>
Article 3 (Transitional Measures concerning Registration for Establishment of Superstores)
| (1) | Any person who has filed registration for establishment of a superstore pursuant to the previous provisions as at the time this Act enters into force, and has operated a quasi-superstore in the relevant traditional commerce preservation area as at the time a municipal ordinance concerning the traditional commerce preservation area under the amended provisions of Article 13-3 is enacted, shall be deemed to have filed registration for establishment under the amended provisions of Article 8 (1), respectively. |
| (2) | Any person who has operated a quasi-superstore in the relevant traditional commerce preservation area as at the time a municipal ordinance concerning the traditional commerce preservation area under the amended provisions of Article 13-3 is enacted, shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Knowledge and Economy, within six months from the date on which the relevant municipal ordinance enters into force. |
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10813, Jun. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Registration for Establishment Following Expansion of Traditional Commerce Preservation Areas)
| (1) | Any person who has operated a quasi-superstore in a traditional commerce preservation area (hereinafter referred to as “existing entity”) as at the time a municipal ordinance concerning a traditional commerce preservation area is enacted under the amended provisions of Article 13-3, shall be deemed to have filed registration for establishment under Article 8 (1). |
| (2) | An existing entity shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Knowledge and Economy, within six months from the date on which the relevant municipal ordinance is enacted. |
ADDENDUM <Act No. 11175, Jan. 17, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 11626, Jan. 23, 2013>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 8 (1) and (2) shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12443, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Restriction on Registration for Modification or Conditions Attached Thereto)
| (1) | Where an application is made to modify the size of a salesroom of a superstore, etc., the registration for establishment of which has been made in a traditional commerce preservation area pursuant to the previous provisions as at the time this Act enters into force, in which case the amended provisions of Article 8 (3) shall apply, the size of the salesroom of the superstore, etc. as at the time this Act enters into force shall be deemed to be the salesroom size at the time of registration for establishment or modification. |
| (2) | Any person who is operating a superstore, etc. in a traditional commerce preservation area pursuant to the previous provisions as at the time this Act enters into force shall register the salesroom size of the corresponding store as of the enforcement date of this Act with the Mayor of the Special Self-Governing City or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy within six months after this Act enters into force. |
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 13152, Feb. 3, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDA <Act No. 13510, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 48-2 of this Act and Article 2 of the Addenda to the Distribution Industry Development Act (Act No. 10398) shall enter into force on the date of their promulgation. Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship referred to in the amended provisions of Article 10 (1) shall be deemed to include persons for whom a declaration of incompetence or quasi-incompetence remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429). Article 3 (Transitional Measures concerning Certification of Logistics Equipment)
Logistics equipment which is certified or applied for certification under previous Article 27 (1), as at the time this Act enters into force, shall be deemed logistics equipment certified or applied for certification under Article 15 (1) of Industrial Standardization Act. Article 4 (Transitional Measures concerning Logistics Equipment Performance Testing Bodies and Logistics Equipment Certification Bodies)
| (1) | Where an application for designation as a logistics equipment performance testing body or a logistics equipment certification body is made under previous Article 27 (5) as at the time this Act enters into force, the application shall be deemed made to be designated as an accreditation institution under Article 13 (2) of the Industrial Standardization Act. |
Article 5 (Transitional Measures concerning Revocation, etc., of Certification of Logistics Equipment)
The previous provisions of Article 27-2 (1) or (3) shall apply to the revocation of the certification of logistics equipment or suspension of effect of such certification due to a violation committed before this Act enters into force. Article 6 (Transitional Measures concerning Revocation, etc., of Designation of Logistics Equipment Performance Testing Body or Logistics Equipment Certification Body)
The previous provisions of Article 27-2 (2) shall apply to revocation of designation of a logistics equipment performance testing body and a logistics equipment certification body due to a violation committed before this Act enters into force. Article 7 Omitted.
ADDENDA <Act No. 13726, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13739, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 39 (3) and (4) shall enter force on the date of its promulgation. Articles 2 (Applicability to Registration for Establishment of Superstore, etc. and Modification of Registered Matters)
The amended provisions of Article 8 (5) shall begin to apply when an evaluation report on impacts on commercial districts or a regional cooperation plan is first submitted to the Special Self-Governing City Mayor and the head of Si/Gun/Gu after this Act enters into force. Article 3 (Applicability to Advance Notice of Opening Plans for Superstores, etc.)
The amended provisions of Article 8 (3) shall apply beginning with the first advance notice, after this Act enters into force, given by a person who intends to open a superstore, etc.
ADDENDUM <Act No. 13855, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended by Article 6 of the Addenda, the amendments to Acts which have been promulgated before this Act enters into force and for which the enforcement dates have yet to arrive shall enter into force on the enforcement date of the relevant Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended by Article 5 of the Addenda, the amendments to Acts which have been promulgated before this Act enters into force and for which the enforcement dates have yet to arrive shall enter into force on the enforcement date of the relevant Acts.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14997, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Disclosure of Management Fees, etc.)
The amended provisions of Article 12-3 (4) shall apply starting with management fees for the month following the month in which the enforcement date of this Act falls. Article 3 (Applicability to Methods for Concluding Contracts and Disclosure of Written Contracts by Managers of Superstores, etc.)
The amended provisions of Article 12-3 (5) and (6) shall apply to contracts concluded after this Act enters into force. Article 4 (Applicability to Preparation and Retention of Accounting Documents by Managers of Superstores, etc.)
The amended provisions of Article 12-4 shall apply starting with the accounting for the month following the month in which the enforcement date of this Act falls. Article 5 (Applicability to Audits of Managers of Superstores, etc.)
The amended provisions of Article 12-5 shall apply starting with the first fiscal year after this Act enters into force. Article 6 (Transitional Measures concerning Report by Managers of Superstores, etc.)
Any manager of a superstore, etc. who reported to the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu pursuant to the former provisions as at the time this Act enters into force shall be deemed reported pursuant to this Act: Provided, That where the total area of the salesrooms operated by consenting salesroom occupants is less than 1/2 of the total area of all the salesrooms, the report shall be made by meeting the requirements prescribed in this Act within one year after this Act enters into force.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDUM <Act No. 17534, Oct. 20, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17761, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 11 Omitted.