ACT ON THE REGULATION OF TERMS AND CONDITIONS
Act No. 10474, Mar. 29, 2011
Act No. 3922, Dec. 31, 1986
Amended by Act No. 4515, Dec. 8, 1992
Act No. 5491, Dec. 31, 1997
Act No. 6459, Mar. 28, 2001
Act No. 7108, Jan. 20, 2004
Act No. 7491, Mar. 31, 2005
Act No. 7988, Sep. 27, 2006
Act No. 8632, Aug. 3, 2007
Act No. 8863, Feb. 29, 2008
Act No. 10169, Mar. 22, 2010
Act No. 10303, May 17, 2010
Act No. 10474, Mar. 29, 2011
CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to establish sound order in business transactions, and thus to protect consumers and promote the balanced improvement of people's lives by preventing enterprisers from preparing unfairterms and conditions and using them in business transactionsby taking unfair advantage of their bargaining position and regulating unfair terms and conditions.
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows:
| 1. | The term "terms and conditions" means the content of a contract that a party to a contract prepares in a specific form in advance in order to enter into a contract with multiple other parties,regardless of their name, type, or scope; |
| 2. | The term "enterpriser" means a party to a contract who offers terms and conditions to the other party as the content of the contract; |
| 3. | The term "customer" means a party to a contract whohas been offered terms and conditions from an enterpriser as the content of the contract. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 3 (Obligation, etc. to Prepare and Explain Terms and Conditions) |
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| (1) | an enterpriser shall provideterms and conditions of a contract in Korean and use standardized and systemized terms so that customers can easily understand the details of the terms and conditions and explicitly indicate important details thereof with signs, color, bold and large letters, etc. so that customers can easily recognize them.<Amended by Act No. 10474, Mar. 29, 2011> |
| (2) | When entering into a contract, an enterprisershall clearly state to his or her customers the details of the relevant terms and conditions in a way that is generally expected for the type of contract in question and shall, upon the request of the customer, deliver a copy of the terms and conditions to the customer to help the customer understand them: Provided, That this shall not apply to terms and conditions of business or service that falls under any of the following categories: <Amended by Act No. 10474, Mar. 29, 2011> |
| 1. | Passenger transportation business; |
| 2. | Electric utility business, gas business, and water works business; |
| 4. | Telecommunications business that provides public telephoneservice. |
| (3) | An enterpriser shall explain important details provided in the terms and conditions of a contract so that customers can understand them: Provided, That this shall not apply where it is considerably difficult to explainthem due to the nature of the contract. |
| (4) | If an enterpriser enters into a contract, in violation of paragraphs (2) and (3), he or she may not claim that the relevant terms and conditions constitute the content of the contact. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 4 (Precedence of Individual Agreement) |
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If an enterpriser and a customer agree on a matter in a manner that is different from the manner stipulated in the terms and conditions, the agreement shall prevail over such terms and conditions.
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 5 (Interpretation of Terms and Conditions) |
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| (1) | Term and conditions shall be construed impartially in accordance with the principle of trust and good faith, and shall not be construed differently depending on customers. |
| (2) | If the meaning of terms and conditions is not clear, it shall be construed in favor of customers. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
CHAPTER Ⅱ UNFAIR CLAUSES IN TERMS AND CONDITIONS
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| Article 6 (General Principles) |
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| (1) | Any clause in terms and conditions which is not fair or is contrary to the principle of trust and good faith shall be null and void. |
| (2) | Any of the following clauses in terms and conditions shall be presumed to be unfair: |
| 1. | A clause which is unreasonably unfavorable to customers; |
| 2. | A clause which customers would have difficulty anticipating in light of various circumstances, including the type of transaction the contract represents. |
| 3. | A clause which is so restrictive of essential rights under a contract that the purpose of the contract may not be achieved. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 7 (Prohibition of Exemption Clause) |
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A clause in terms and conditions concerning the liability of contracting parties that falls under any of the following subparagraphs shall be null and void:
| 1. | A clause which exempts an enterpriser from liability for intentional or gross negligence on the part of the enterpriser, his or her agents, or his or her employees; |
| 2. | A clause which limits, without a substantial reason, the extent of damages payable by an enterpriser, or which passes a risk borne by an enterpriser to a customer; |
| 3. | A clause which, without a substantial reason, excludes or limits the warranty liability of an enterpriser, tightens requirements that customers must meet to exercise their rights under the warranty thereof; |
| 4. | A clause which excludes or limits the warranty for the object of a contract for which an enterpriser has provided a sample, or has indicated the quality, performance, etc. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 8 (Predetermination of Amount of Damages) |
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Any clause in terms and conditions which obligates customers to pay unreasonably heavy damages, including but not limited to, excessive liquidated damages for delay, shall be null and void.
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 9 (Cancellation or Termination of Contract) |
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A clause in terms and conditions concerning the cancellation or termination of a contract which falls under any of the following subparagraphs shall be null and void:
| 1. | A clause which excludes of the right of customers to cancel or terminate the contract under Acts, or limits the exercise of such right; |
| 2. | A clause which grants an enterpriser the right to cancel or terminate the contract which is not provided for by Acts, therefore might put customers at an unreasonable disadvantage; |
| 3. | A clause which mitigates an enterpriser's requirements to exercise the right to cancel or terminate the contract under Acts, therefore might put customers at an unreasonable disadvantage; |
| 4. | A clause which, without a substantial reason, obligates customers to pay excessive restitution if they cancel or terminate a contract, or which unreasonably provides for customers to waive their claim to restitution; |
| 5. | A clause which unreasonably reduces the restitution obligation of an enterpriser or his or her duty to pay damages in the event of cancelling or terminating a contract; |
| 6. | A clause in a contract providing for a continuous creditor-debtor relationship which might put customers at an unreasonable disadvantage by providing for a duration that is unreasonably short or long by allowing implied extensions or renewals of the contract. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 10 (Performance of Obligations) |
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A clause in terms and conditions concerning the performance of obligations which falls under any of the following subparagraphs shall be null and void:
| 1. | A clause which, without a substantial reason, gives an enterpriser power to unilaterally determine or change the details of performance; |
| 2. | A clause which, without a substantial reason, allows an enterpriser to unilaterally suspend performance of his or her obligations or performance of his or her obligation to be done by a third party. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 11 (Protecting Rights and Interests of Customers) |
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A clause in terms and conditions concerning the rights and interests of customers which falls under any of the following subparagraphs shall be null and void:
| 1. | A clause which, without a substantial reason, excludes or limits a customer's rights of defense, offset of damages, etc., which are provided for by Acts; |
| 2. | A clause which, without a substantial reason, deprives customers of the right to perform their obligations during a given time; |
| 3. | A clause which unreasonably limits a customer's right to enter into contracts with a third party; |
| 4. | A clause which, without any justifiable reason, allows an enterpriser to divulge confidential information of customers he or she has obtained in the course of his or her business. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 12 (Deemed Expression of Intent) |
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A clause in terms and conditions concerning an expression of intent which falls under any of the following subparagraphs shall be null and void:
| 1. | A clause which provides that once a certain act of feasance or omission has occurred, customers shall be deemed to have expressed or to not have expressed a certain intent: Provided, That this shall not apply where customers are separately notified that if they fail to express their intent within a given period, which is a considerable length of time, the customers shall be deemed to have expressed or not have expressed their intent, or where it is impossible to issue such notice due to unavoidable circumstances; |
| 2. | A clause which imposes unreasonably strict restrictions on the requirements for or the way in which customers may express their intent; |
| 3. | A clause which provides, without a substantial reason, that the intent of an enterpriser, which may materially affect the interest of customers, is deemed to have been communicated to customers; |
| 4. | A clause which provides for an unreasonably long or indefinite term during which an enterpriser may express his or her intent which may materially affect the interests of customers. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 13 (Additional Obligations of Agents) |
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If a contract is entered into by the agent of a customer and the customer fails to perform his or her obligations, any clause in theterms and conditions of the contract which imposes on the agent an obligation to carry out the customer's obligations in whole or in part shall be null and void.
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 14 (Prohibition, etc. of Filing Lawsuits) |
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A clause in terms and conditions concerning filing, etc. of lawsuits which falls under any of the following subparagraphs shall be null and void:
| 1. | A clause which prohibits customers from filing a lawsuit unreasonable disadvantageous to them or requires customers to agree to jurisdiction; |
| 2. | A clause in terms and conditions which imposes the burden of proof on customers without any justifiable reason. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 15 (Limitations on Application) |
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With regard to terms and conditions which are commonly used internationally or to which other special reasons apply as prescribed by Presidential Decree, the application of Articles 7 through 14 may be limited depending on the clauses in the terms and conditions or the category of business or service. [This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 16 (Special Principle of Partial Nullity) |
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Where the whole or any part of terms or conditions fails to constitute the content of a contract under Article 3 (4) or is null and void under Articles 6 through 14, the contract shall remain effective with only the remaining portion of the terms and conditions: Provided, That where it is impossible to achieve the objective of the contract with only the effective parts or such effective parts are unreasonably unfavorable to one party, the relevant contract shall be null and void. [This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
CHAPTER Ⅲ REGULATION OF TERMS AND CONDITIONS
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| Article 17 (Prohibition on Use of Unfair Clauses in Terms and Conditions) |
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No enterpriser shall include in a contract any of the unfair clauses referred to in Articles 6 through 14 (hereinafter referred to as "unfair terms and conditions"). [This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 17-2 (Corrective Measures) |
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| (1) | Where an enterpriser violates Article 17, the Fair Trade Commission may recommend the enterpriser to take such measures as are necessary to correct the violation, including a deletion, revision, etc. of the relevant unfair terms and conditions. |
| (2) | If an enterpriser violating Article 17 falls under any of the following subparagraphs, the Fair Trade Commission may order him or her to take such measures as are necessary to correct the terms and conditions, including a deletion, revision, etc. of the relevant unfair terms and conditions: |
| 2. | Where he or she enters into a contract by taking unfair advantage of his or her bargaining position; |
| 3. | Where the customer faces difficulties in amending the terms and conditions of a contract to provide goods or services to the general public due to the urgency and swiftness of entering into such contract; |
| 4. | Where it is practically compulsory that the terms and conditions make the content of a contract because the predominating positions of the enterpriser as a party to the contract is significant, or the scope for the customer to choose other enterprisers is limited; |
| 5. | Where it is impossible to cancel, rescind or terminate a contract in view of the nature or purpose of the contract, or where significant property loss occurs to the customer if the contract is cancelled, rescined, or terminated; |
| 6. | Where damage to several customers is incurred or is very likely to be incurred because the enterpriser fails to comply with the recommendation under paragraph (1) without any justifiable grounds. |
| (3) | When recommending or ordering that the measures necessary to correct violations under paragraphs (1) and (2) be taken, the Fair Trade Commission may, if necessary, also recommend that other enterprisers who engage in the same kind of business as that of the enterpriser concerned shall not use the same unfair terms and conditions. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 18 (Government-Authorized Terms and Conditions, etc.) |
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| (1) | If the Fair Trade Commission deems that terms and conditions prepared by an administrative agency or authorized by an administrative agency pursuant to other Acts fall under any provisions of Articles 6 through 14, the Fair Trade Commission may inform the administrative agency concerned of such fact and request it to take measures necessary to correct the violation. |
| (3) | Where a request for correction is filed with the administrative agency pursuant to paragraph (1), the Fair Trade Commission shall not make any recommendation or order for correction pursuant to Article 17-2 (1) and (2). |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 19 (Request for Examination of Terms and Conditions) |
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| (1) | A person falling under the following subparagraphs may request for examination as to whether any terms and conditions of a contract violate this Act to the Fair Trade Commission: |
| 1. | A person who has legal interests in relation to the terms and conditions of a contract; |
| 4. | An enterprisers' organization. |
| (2) | A request for examination under paragraph (1) shall be submitted to the Fair Trade Commission either in writing or in an electronic document. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 19-2 (Standard Terms and Conditions) |
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| (1) | Enterprisers or enterprisers' organizations may develop standard contract terms and conditions for specific business transactions in order to prevent the use of unfair contract terms and conditions and to establish sound order in business transactions, and file an application with the Fair Trade Commission for examining whether the content of the terms and conditions is in violation of this Act. |
| (2) | Any consumers' organization registered under Article 29 of the Framework Act on Consumers or the Korea Consumer Agency established under Article 33 of the same Act (hereinafter referred to as "consumers' organizations, etc.") may request the Fair Trade Commission to prepare standard terms and conditionsofcontractsfortransactions in which consumers frequently suffer damage. |
| (3) | The Fair Trade Commission may recommend an enterpriser or enterprisers' organization to prepare standard terms and conditions of contracts and apply for the examination thereof in any of the following cases: |
| 1. | Where consumers' organizations, etc. make a request; |
| 2. | Where no contract exists or unfair terms and conditions of any contract exist after investigating the circumstances of any damage when the damage is caused to a large number of customers in connection with certain types of business transactions/. |
| (4) | Where any enterpriser or enterprisers' organizations fail to take necessary measures within four months from the date on which they receive a recommendation under paragraph (3), the Fair Trade Commission may prepare standard terms and conditions of a contract after hearing opinions of each party to the transaction in question and consumer organizations, etc. and holding consultations with ministries and agencies concerned. |
| (5) | The Fair Trade Commission may publish terms and conditions examined or newly developed under paragraph (1) or (4) (hereinafter referred to as "standard terms and conditions") and recommend enterprisers and enterprisers' organizations to use them. |
| (6) | Enterprisers and enterprisers' organizations that are recommended by the Fair Trade Commission to use standard terms and conditions shall, if they use terms and conditions that are different from the standard ones, indicate the major differences in a manner that customers can easily understand. |
| (7) | The Fair Trade Commission may prescribe an indication of standard terms and conditions in order to expedite the wider use of standard terms and conditions, and enterprisers and enterprisers' organizations may, if they use standard terms and conditions, use the indication of standard terms and conditions as published by the Fair Trade Commission. |
| (8) | Where any enterpriser or enterprisers' organizations use any terms and conditions that are different from standard terms and conditions, the enterpriser or enterprisers' organizations shall be prohibited from using the indication of standard terms and conditions. |
| (9) | Where any enterpriser and enterprises' organizations use the indication of standard terms and conditions, in violation of paragraph (8), terms and conditions of a contract that are more disadvantageous to customers than the standard terms and conditions shall be made invalid. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 20 (Investigation) |
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| (1) | The Fair Trade Commission may conduct an investigation to verify whether terms and conditions violate this Act in any of the following cases: |
| 1. | Where the investigation is deemed necessary for the purposes of rendering a recommendation or order for correction under Article 17-2 (1) or (2); |
| 2. | Where a request is filed for examination of terms and conditionsi n accordance with Article 19. |
| (2) | The public official conducting an investigation under paragraph (1) shall carry a certificate identifying his or her authority and produce it to persons concerned. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 21 Deleted.<by Act No. 10169, Mar. 22, 2010> |
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| Article 22 (Statement of Opinions) |
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| (1) | Before deliberating on whether the terms and conditions of a contract are in violation of this Act, the Fair Trade Commission shall provide notice to the pertinent enterpriser or interested persons who have engaged in a transaction under the terms and conditions of the fact that the terms and conditions are subject to its examination. |
| (2) | The party or interested person who has received notice under paragraph (1) may attend the hearing of the Fair Trade Commission and state his or her opinion or submit necessary materials. |
| (3) | If terms and conditions subject to examination have been authorized or is to be authorized by an administrative agency under other Acts, the Fair Trade Commission may request that the pertinent administrative agency state its opinion before commencing the examination. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 23 (Disclosure of Unfair Terms and Conditions) |
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The Fair Trade Commission shall disclose via its Internet home page a list of the terms and conditions of contracts that it has deliberated on and determined to be in violation of this Act. <Amended by Act No. 10474, Mar. 29, 2011>
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Articles 24 through 29 Deleted.<by Act No. 4515, Dec. 8, 1992> |
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CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
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| Article 30 (Scope of Application) |
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| (1) | This Act shall not apply to the terms and conditions of contracts under Part Ⅲ of the Commercial Act, contracts under the Labor Standards Act, or contracts concerning non-profit business provided for in Presidential Decree. |
| (2) | Except as otherwise provided for in any other Act with respect to terms and conditions for specific business transactions, this Act shall govern. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 30-2 (Application Mutatis Mutandis of the Monopoly Regulation and Fair Trade Act) |
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[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 31 (Criteria for Authorization or Examination) |
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Where an administrative agency authorizes the terms and conditions of a contractpursuant to other Acts, or examination organizationsestablished under other Acts examineterms and conditions for specific business transactions, Articles 6 through 14 shall be the standards for such authorization or examination. [This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 31-2 (Consultants) |
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| (1) | The Fair Trade Commission may appoint a consultant if it deems that the appointment is necessary for the purpose of examining terms and conditions in accordance with this Act. |
| (2) | The appointment of a consultant under paragraph (1) and other necessary matters shall prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
CHAPTER Ⅵ PENALTY PROVISIONS
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| Article 32 (Penal Provisions) |
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A person who fails to comply with an order under Article 17-2 (2) shall be punished by imprisonment for not more than two years, or by a fine not exceeding one hundred million won. [This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 33 (Joint Penal Provisions) |
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If the representative of a corporation or an agent, employee or any other servant of a corporation or an individual commits any violation under Article 32 in connection with the business of the corporation or the individual, not only shall such violator be punished, but the corporation or the individual shall also be punished by a fine under the relevant Article: Provided, That the same shall not apply where the corporation or the individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation. [This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
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| Article 34 (Fines for Negligence) |
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| (1) | A person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 50 million won: |
| 1. | A person who use the indication of standard terms and conditions while using any terms and conditions of a contract different from the standard terms and conditions, in violation of Article 19-2 (8); |
| 2. | A person who rejects, obstructs or avoids an investigation under Article 20. |
| (2) | A person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won: |
| 1. | A person who fails to clearly state to his or her customers the terms and conditions of a contract or fails to deliver a copy of them to his or her customers, in violation of Article 3 (2); |
| 2. | A person who fails to explain the important details of terms and conditions of a contract, in violation of Article 3 (3); |
| 3. | A person who fails to indicate the major differences between terms and conditions of a contract and the standard ones in a manner that customers can easily understand, in violation of Article 19-2 (6). |
| (3) | Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Fair Trade Commission. |
[This Article Wholly Amended by Act No. 10169, Mar. 22, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1987.
Article 2 (Transitional Measures)
This Act shall be apply to contracts entered into under terms and conditions on and after this Act enters into force.
Article 3 (Transitional Measures concerning Continuous Contract)
This Act shall apply to the part of a contract to be executed after this Act enters into force under the terms and conditions of the contract providing for a continuous creditor-debtor relationship.
ADDENDA<Act No. 4515, Dec. 8, 1992>
| (1) | (Enforcement Date) This Act shall enter into force on March 1, 1993. |
| (2) | (Transitional Measures) A recommendation for correction issued by the Minister of the Economic Planning Board or a request for examination filed with the said Minister in accordance with the former provisions at the time this Act enters into force shall be deemed a recommendation for correction issued by the Fair Trade Commission or a request for examination filed with the said Commission under this Act. |
ADDENDA<Act No. 5491, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1998.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 6459, Mar. 28, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability) The amendments to Article 17-2 (2) 6 shall be applicable to contracts entered into on or after this Act enters into force. |
ADDENDA<Act No. 7108, Jan. 20, 2004>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Standard Terms and Conditions) Any standard terms and conditions examined by the Fair Trade Commission in accordance with the former provisions at the time this Act enters into force shall be deemed standard terms and conditions provided for in this Act. |
ADDENDUM<Act No. 7491, Mar. 31, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7988, Sep. 27, 2006>
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.
ADDENDUM<Act No. 8632, Aug. 3, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8863, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 10169, Mar. 22, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM<Act No. 10474, Mar. 29, 2011>
This Act shall enter into force three months after the date of its promulgation.
Last updated : 2013-04-23