No. 11406
Promulgation Date 2012-03-21
Korea Fair Trade Commission
ALL
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
Article 2 (Definitions)
Article 2-2 (Application to Overseas Act)
CHAPTER II PROHIBITION OF ABUSE OF MARKET-DOMINATING POSITIONS
Article 3 (Remedy, etc. of Monopoly or Oligopoly in Market Structures)
Article 3-2 (Prohibition of Abuse of Market-Dominating Position)
Article 4 (Presumption of Market-Dominating Enterpriser)
Article 5 (Corrective Measures)
Article 6 (Penalty Surcharges)
CHAPTER III RESTRICTION ON COMBINATION OF ENTERPRISES AND REPRESSION OF ECONOMIC POWER CONCENTRATION
Article 7 (Restriction on Combination of Enterprises)
Article 7-2 (Standards for Acquisition or Ownership of Stocks)
Article 8 (Reporting on Establishment of and Conversion into Holding Companies)
Article 8-2 (Restrictions, etc. on Act by Holding Companies, etc.)
Article 8-3 (Restrictions on Establishment of Holding Company by Enterprise Group subject to Limitations on Debt Guarantees)
Article 9 (Prohibition, etc. of Mutual Contribution)
Article 10 Deleted.
Article 10-2 (Prohibition of Debt Guarantees for Affiliated Company)
Article 10-3 Deleted.
Article 11 (Limitation of Voting Rights of Financial Companies or Insurance Companies)
Article 11-2 (Resolution by Board of Directors and Publication on LargeScale Internal Trading)
Article 11-3 (Publication of Important Matters by Unlisted Companies, etc.)
Article 11-4 (Publication on Current Status, etc. of Enterprise Group)
Article 12 (Reporting of Combination of Enterprises)
Article 12-2 (Special Cases concerning Procedures for Reporting Combination of Enterprises)
Article 13 (Reporting on Current Status of Stockholding)
Article 14 (Designation, etc. of Enterprise Groups Subject to Limitations on Mutual Investment, etc.)
Article 14-2 (Incorporation in and Exclusion from Affiliated Companies)
Article 14-3 (Incorporation into Affiliated Company and Presumption of Notification Date)
Article 14-4 (Request for Confirmation of Documents before Competent Institutions)
Article 14-5 (Disclosure of Information on Current Conditions, etc. of Enterprise Groups subject to Limitations on Mutual Investment)
Article 15 (Prohibition on Unlawful Practices)
Article 16 (Corrective Measures, etc.)
Article 17 (Penalty Surcharges)
Article 17-2 Deleted.
Article 17-3 (Compulsory Performance Money)
Article 18 (Enforcing Compliance with Corrective Measures)
CHAPTER IV RESTRICTIONS ON UNFAIR COLLABORATIVE ACTS
Article 19 (Prohibition of Unfair Collaborative Acts)
Article 19-2 (Measure for Prevention of Collaborative Acts concerning Public Sector Bidding)
Article 20 Deleted.
Article 21 (Corrective Measures)
Article 22 (Penalty Surcharges)
Article 22-2 (Reduction, Exemption, etc. for Voluntary Reporters, etc.)
CHAPTER V PROHIBITION OF UNFAIR TRADE PRACTICES
Article 23 (Prohibition of Unfair Trade Practices)
Article 24 (Corrective Measures)
Article 24-2 (Penalty Surcharges)
CHAPTER VI ENTERPRISERS' ORGANIZATION
Article 25 Deleted.
Article 26 (Prohibited Activities of Enterprisers' Organization)
Article 27 (Corrective Measures)
Article 28 (Penalty Surcharges)
CHAPTER VII RESTRICTIONS ON RESALE PRICE MAINTENANCE
Article 29 (Restrictions on Resale Price Maintenance)
Article 30 (Modification of Resale Price Maintenance)
Article 31 (Corrective Measures)
Article 31-2 (Penalty Surcharges)
CHAPTER VIII RESTRICTIONS ON CONCLUSION OF UN-FAIR INTERNATIONAL CONTRACTS
Article 32 (Restrictions on Conclusion of Unfair International Contracts)
Article 33 (Request for Review on International Contracts)
Article 34 (Corrective Measures)
Article 34-2 (Penalty Surcharges)
CHAPTER IX ENFORCEMENT AGENCY
Article 35 (Establishment of Fair Trade Commission)
Article 36 (Matters under Jurisdiction of Fair Trade Commission)
Article 36-2 (International Cooperation of Fair Trade Commission)
Article 37 (Organization, etc. of Fair Trade Commission)
Article 37-2 (Types of Meetings)
Article 37-3 (Subjects of Plenary Session and Chamber)
Article 38 (Chairman)
Article 39 (Term of Office of Commissioner)
Article 40 (Guarantee of Commissioner's Status)
Article 41 (Prohibition of Commissioner's Political Activities)
Article 42 (Proceedings and Quorum of Meetings)
Article 43 (Disclosure of Trial and Resolutions and Confidentiality of Agreement)
Article 43-2 (Maintenance of Good Order in Venue of Adjudicatory Proceedings)
Article 44 (Challenge, Discharge, and Withdrawal of Commissioners)
Article 45 (Preparation and Correction of Written Decision)
Article 46 (Timing of Decision on Practices Violating Provisions of this Act)
Article 47 (Establishment of Secretariat)
Article 48 (Provisions concerning Organization)
CHAPTER IX-2 ESTABLISHMENT OF KOREA FAIR TRADE MEDIATION AGENCY AND MEDIATION OF DISPUTES
Article 48-2 (Establishment, etc. of Korea Fair Trade Mediation Agency)
Article 48-3 (Establishment and Organization of Fair Trade Dispute Mediation Council)
Article 48-4 (Meetings of Council)
Article 48-5 (Exclusion, Challenge and Withdrawal of Members of Council)
Article 48-6 (Application, etc. for Mediation)
Article 48-7 (Mediation, etc.)
Article 48-8 (Preparation of Mediation Statement and Validity thereof)
Article 48-9 (Organization, Operation, etc. of Council)
CHAPTER X INVESTIGATION PROCEDURES AND OTHER RELATED MATTERS
Article 49 (Identification, Reporting, etc. of Violations)
Article 50 (Investigations, etc. of Violations)
Article 50-2 (Prohibition on Abusing Investigation Authority)
Article 50-3 (Application for Postponing Investigation, etc.)
Article 51 (Recommendation for Correction of Violation)
Article 51-2 (Resolution of Agreement)
Article 51-3 (Procedures for Resolution of Agreement)
Article 51-4 (Cancellation of Resolution of Agreement)
Article 51-5 (Compulsory Performance Money)
Article 52 (Opportunity of Furnishing Explanations)
Article 52-2 (Request for Access to Data)
Article 53 (Appeal)
Article 53-2 (Suspension of Enforcement of Orders for Corrective Measures)
Article 53-3 (Service of Documents)
Article 54 (Institution of Lawsuit)
Article 55 (Exclusive Jurisdiction over Lawsuits for Appeals)
Article 55-2 (Procedures for Dealing with Cases, etc.)
CHAPTER X-2 IMPOSITION, COLLECTION, ETC. OF PENALTY SURCHARGES
Article 55-3 (Imposition of Penalty Surcharges)
Article 55-4 (Extension of Deadlines for Payment of Penalty Surcharges and Payment in Installments)
Article 55-5 (Liability to Jointly Pay Surcharges)
Article 55-6 (Collection of Penalty Surcharges and Disposition for Deferred Payment)
Article 55-7 (Additional Payment for Refund of Penalty Surcharge)
Article 55-8 (Deficit Disposal)
CHAPTER XI DAMAGES
Article 56 (Liability for Damages)
Article 56-2 (Transmission of Records)
Article 57 (Recognition of Damages Amount)
CHAPTER XII EXEMPTIONS
Article 58 (Lawful Acts Conducted Pursuant to Acts and Subordinate Statutes)
Article 59 (Exercise of Right to Intangible Property)
Article 60 (Acts of Specified Associations)
Article 61 Deleted.
CHAPTER XIII SUPPLEMENTARY PROVISIONS
Article 62 (Duty to Preserve Confidentiality)
Article 63 (Consultation on Enactment of Acts and Subordinate Stat utes which Restrain Competition)
Article 64 (Cooperation from Heads of Competent Agencies, etc.)
Article 64-2 (Payment of Reward)
Article 65 (Delegation and Entrustment of Authority)
Article 65-2 (Legal Fiction of Public Official in Application of Penal Provisions)
CHAPTER XIV PENAL PROVISIONS
Article 66 (Penal Provisions)
Article 67 (Penal Provisions)
Article 68 (Penal Provisions)
Article 69 (Penal Provisions)
Article 69-2 (Fines for Negligence)
Article 70 (Joint Penal Provisions)
Article 71 (Filing of Complaint)
ADDENDA
ADDENDA<Act No. 4501, Nov. 25, 1992>
ADDENDA<Act No. 4513, Dec. 8, 1992>
ADDENDA<Act No. 4790, Dec. 22, 1994>
ADDENDA<Act No. 4831, Dec. 23, 1994>
ADDENDA<Act No. 5235, Dec. 30, 1996>
ADDENDA<Act No. 5403, Aug. 30, 1997>
ADDENDUM<Act No. 5454, Dec. 13, 1997>
ADDENDA<Act No. 5491, Dec. 31, 1997>
ADDENDA<Act No. 5498, Jan. 8, 1998>
ADDENDA<Act No. 5503, Jan. 13, 1998>
ADDENDA<Act No. 5528, Feb. 24, 1998>
ADDENDA<Act No. 5529, Feb. 28, 1998>
ADDENDA<Act No. 5559, Sep. 16, 1998>
ADDENDA<Act No. 5813, Feb. 5, 1999>
ADDENDA<Act No. 5814, Feb. 5, 1999>
ADDENDA<Act No. 5825, Feb. 8, 1999>
ADDENDA<Act No. 6043, Dec. 28, 1999>
ADDENDA<Act No. 6371, Jan. 16, 2001>
ADDENDA<Act No. 6651, Jan. 26, 2002>
ADDENDA<Act No. 6705, Aug. 26, 2002>
ADDENDA<Act No. 7289, Dec. 31, 2004>
ADDENDA<Act No. 7315, Dec. 31, 2004>
ADDENDA<Act No. 7386, Jan. 27, 2005>
ADDENDA<Act No. 7428, Mar. 31, 2005>
ADDENDUM<Act No. 7492, Mar. 31, 2005>
ADDENDA<Act No. 7796, Dec. 29, 2005>
ADDENDA<Act No. 8382, Apr. 13, 2007>
ADDENDA<Act No. 8387, Apr. 27, 2007>
ADDENDA<Act No. 8572, Aug. 3, 2007>
ADDENDA<Act No. 8631, Aug. 3, 2007>
ADDENDA<Act No. 8635, Aug. 3, 2007>
ADDENDA<Act No. 8666, Oct. 17, 2007>
ADDENDA<Act No. 8863, Feb. 29, 2008>
ADDENDA<Act No. 9357, Jan. 30, 2009>
ADDENDUM<Act No. 9554, Mar. 25, 2009>
ADDENDA<Act No. 10166, Mar. 22, 2010>
ADDENDA<Act No. 10303, May 17, 2010>
ADDENDUM<Act No. 11119, Dec. 2, 2011>
ADDENDA<Act No. 11406, Mar. 21, 2012>