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FINANCIAL INVESTMENT SERVICES AND CAPITAL MARKETS ACT
CHAPTER I INSIDER TRADING
조문단위인쇄
 Article 174 (Prohibition on Use of Material Nonpublic Information)
(1) None of the following persons (including a person in whose case one year has not passed since he or she no longer fell under any of subparagraphs 1 through 5) shall use any material nonpublic information (referring to any information that may produce a significant impact on investors' investment judgment, and that has not been disclosed yet to unspecified people in a manner prescribed by Presidential Decree; hereafter in this paragraph the same shall apply) related to the business of a listed-corporation (including a corporation which will be listed within six months or an unlisted corporation having the effect of being listed within six months by means of merger with a listed corporation, all-inclusive exchange of stocks, or other methods of corporate combination (hereafter in this paragraph referred to as "corporate, etc. scheduled to be listed"); hereafter in this paragraph and Article 443 (1) 1 the same shall apply) in trading or any other transaction involving specific securities, etc. (including relevant specific securities issued by a corporate scheduled to be listed or others; hereafter in Article 443 (1) 1 the same shall apply) or allow another person to use it: <Amended on Feb. 3, 2009; May 28, 2013>
1. The corporation (including its affiliated companies; hereafter in this subparagraph and subparagraph 2 the same shall apply) or its executive officer and/or employee, or agent, who becomes aware of the material nonpublic information in the course of performing the business;
2. A significant shareholder of the corporation, who becomes aware of the material nonpublic information in the course of exercising his or her rights;
3. A person having authority to grant permission or authorization, give an instruction, or supervise the corporation or any other power pursuant to a relevant statute or regulation, who becomes aware of the material nonpublic information in the course of exercising such authority or power;
4. A person who has entered into a contract with the corporation or is under contract negotiation with the corporation, and becomes aware of the material nonpublic information in the course of entering into, negotiating, or performing such contract;
5. An agent of a person falling under any of subparagraphs 2 through 4 (including executive officers and/or employees, and agents if the principal falling hereunder is a corporation), or a servant or employee of such person (or an executive officer and/or employee, or agent of a corporation if the person falling under any of subparagraphs 2 through 4 is the corporation), who becomes aware of the material nonpublic information in connection with his or her job;
6. A person who received the material nonpublic information from a person falling under any of subparagraphs 1 through 5 (including a person in whose case one year has not passed since the day on which he or she no longer fell under any of subparagraphs 1 through 5).
(2) None of the following persons (including a person in whose case one year has not passed since the day on which he or she no longer fell under any of subparagraphs 1 through 5) shall use material nonpublic information (referring to information not yet disclosed to a multiple number of unspecified people by the method prescribed by Presidential Decree; hereafter in this paragraph the same shall apply) regarding the initiation or discontinuance of a tender offer (referring to the tender offer under Article 133 (1); hereafter in this paragraph the same shall apply) for stocks, etc. in trading or any other transaction involving specific securities, etc. related to the stocks, etc. or allow another person to use such information: Provided, That this shall not apply to cases where a person who intends to make a public tender offer (hereafter in this Article referred to as "prospective public tender offeror") is deemed to have no intention of utilizing any nonpublic information on the initiation or discontinuation of public tender offer of stocks, etc. in trading specific securities, etc. related to such stocks, etc. or in any other transactions, considering that he or she continues to hold stocks, etc. for a considerable period till after the public announcement for the tender offer is made: <Amended on Feb. 3, 2009; May 28, 2013>
1. A prospective public tender offeror (including its affiliated companies; hereafter in this subparagraph and subparagraph 2 the same shall apply) or an executive officer and/or employee, or agent of the prospective tender offeror, who becomes aware of the material nonpublic information regarding the initiation or discontinuance of the tender offer in connection with his or her job;
2. A significant shareholder of the prospective public tender offeror, who becomes aware of the material nonpublic information regarding the initiation or discontinuance of the tender offer in the course of exercising his or her rights;
3. A person having authority to grant permission or authorization, give an instruction, or supervise the prospective public tender offeror or any other power pursuant to a relevant statute or regulation, who becomes aware of the material nonpublic information regarding the initiation or discontinuance of the tender offer in the course of exercising such authority or power;
4. A person who has entered into a contract with the prospective public tender offeror or is under contract negotiation with the tender offeror, and becomes aware of the material nonpublic information regarding the initiation or discontinuance of the tender offer in the course of entering into, negotiating, or performing such contract;
5. An agent of a person falling under any of subparagraphs 2 through 4 (including executive officers and/or employees, and agents if the principal falling hereunder is a corporation), or a servant or employee of such person (or an executive officer and/or employee, or agent of a corporation if the person falling under any of subparagraphs 2 through 4 is a corporation), who becomes aware of the material nonpublic information regarding the initiation or discontinuance of the tender offer in connection with his or her job;
6. A person who acquired the material nonpublic information regarding the initiation or discontinuance of the tender offer from the prospective public tender offeror or a person falling under any of subparagraphs 1 through 5 (including a person in whose case one year has not passed since the day on which he or she no longer fell under any of subparagraphs 1 through 5).
(3) None of the following persons (including a person in whose case one year has not passed since the day on which he or she no longer fell under any of subparagraphs 1 through 5) shall use material nonpublic information (referring to information not yet disclosed to a multiple number of unspecified people in a manner prescribed by Presidential Decree; hereafter in this paragraph the same shall apply) regarding acquisition or disposition of stocks, etc. in bulk (referring to an acquisition or disposition that may produce an impact on business control, as prescribed by Presidential Decree; hereafter in this paragraph the same shall apply) for stocks, etc. in trading or any other transaction of specific securities, etc. related to the stocks, etc. or allow another person to use such information: Provided, That this shall not apply to the cases where a person who intends to acquire or dispose of the stocks, etc. in bulk is deemed to have no intention of utilizing any nonpublic information on initiation or discontinuation of acquisition or disposal of the stocks, etc. in bulk in the trading of specific securities, etc. related to such stocks, etc. or in any other transactions, considering that he or she continues to hold stocks, etc. for a considerable period till after the public announcement thereof is made under Article 149: <Amended on Feb. 3, 2009; May 28, 2013>
1. An affiliated company of the person who intends to acquire or dispose of the stocks, etc. in bulk, or an executive officer and/or employee, or agent of the person who intends to acquire or dispose of the stocks, etc. in bulk (including its affiliated companies; hereafter in this subparagraph and subparagraph 2 the same shall apply), who becomes aware of the material nonpublic information regarding the initiation or discontinuance of an acquisition or disposition in bulk in connection with his or her job;
2. A significant shareholder of the person who intends to acquire or dispose of the stocks, etc. in bulk, who becomes aware of the material nonpublic information regarding the initiation or discontinuance of an acquisition or disposition in bulk in the course of exercising his or her rights;
3. A person having authority to grant permission or authorization, give an instruction, or supervise the person who intends to acquire or dispose of the stocks, etc. in bulk, or any other power pursuant to a relevant statute or regulation, who becomes aware of the material nonpublic information regarding the initiation or discontinuance of an acquisition or disposition in bulk in the course of exercising such authority or power;
4. A person who has entered into a contract with the person who intends to acquire or dispose of the stocks, etc. in bulk or is under contract negotiation with the person acquiring or disposing of the stocks, etc. in bulk, and becomes aware of the material nonpublic information regarding the initiation or discontinuance of an acquisition or disposition in bulk in the course of entering into, negotiating, or performing such contract;
5. An agent of a person falling under any of subparagraphs 2 through 4 (including executive officers and/or employees, and agents if the principal falling hereunder is a corporation), or a servant or employee of such person (or an executive officer and/or employee, or agent of a corporation if the person falling under any of subparagraphs 2 through 4 is a corporation), who becomes aware of the material nonpublic information regarding the initiation or discontinuance of an acquisition or disposition in bulk in connection with his or her job;
6. A person who acquired the material nonpublic information regarding the initiation or discontinuance of an acquisition or disposition in bulk from the person who intends to acquire or dispose of the stocks, etc. in bulk, or a person falling under any of subparagraphs 1 through 5 (including a person in whose case one year has not passed since the day on which he or she no longer fell under any of subparagraphs 1 through 5).