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| Article 89 (Consent decrees) |
| (1) | A business entity or trade association under investigation or deliberation by the Fair Trade Commission (hereafter in this Article through Article 91 referred to as "applicant") may apply to the Fair Trade Commission to adopt a consent decree as provided for in paragraph (3) for such purposes as voluntarily correcting anti-competition conditions, etc. arising from an act subject to the relevant investigation or deliberation (hereafter in this Article through Article 91 referred to as "relevant act"), remedying consumer damage, and improving trading practices; provided, in any of the following cases, the Fair Trade Commission shall proceed with deliberation procedures under this Act without adopting a consent decree: |
| 1. | Where the relevant act is a violation under Article 40 (1); |
| 2. | Where the relevant act meets the requirements for filing a criminal charge under Article 129 (2); |
| 3. | Where the applicant withdraws his or her application before a consent decree is adopted. |
| (2) | Where an applicant files an application under paragraph (1), the application shall be filed in writing, stating the following: |
| 1. | Facts that specify the relevant act; |
| 2. | A correction scheme necessary to restore competition practices or to improve trading practices, such as discontinuing the relevant act and restoring to the original state; |
| 3. | A correction scheme necessary to remedy or prevent damage to consumers, other business entities, etc. |
| (3) | Where the Fair Trade Commission determines, after having investigated the facts about the relevant act, that a correction scheme prescribed in paragraph (2) 2 and 3 (hereinafter referred to as "correction scheme") meets all the following requirements, the Commission may suspend deliberation procedures on the relevant act and adopt a resolution with the same intent as the correction scheme (hereinafter referred to as "consent decree"); in such cases, the Commission may amend the correction scheme after consultation with the applicant: |
| 1. | The correction scheme shall be balanced with corrective measures and other sanctions that are expected to be taken or imposed if the relevant act is recognized as a violation of this Act; |
| 2. | The correction scheme shall be deemed appropriate to restore fair and free competition practices or trading practices or to protect consumers, other business entities, etc. |
| (4) | No consent decree adopted by the Fair Trade Commission shall mean that the relevant act is recognized as a violation of this Act, and no person shall assert that the relevant act violates this Act on the grounds that the applicant is issued with a consent decree. |