No. 20239
Promulgation Date 2024-02-06
Korea Fair Trade Commission
ALL
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
Article 2 (Definitions)
Article 3 (Application to Acts Conducted Overseas)
CHAPTER II PROHIBITION OF ABUSE OF MARKET-DOMINANT POSITION
Article 4 (Remedies for Monopoly or Oligopoly in Market Structures)
Article 5 (Prohibition of Abuse of Market-Dominant Position)
Article 6 (Presumption of Market-Dominant Business Entities)
Article 7 (Corrective Measures)
Article 8 (Penalty Surcharges)
CHAPTER III RESTRICTIONS ON BUSINESS COMBINATIONS
Article 9 (Restrictions on Business Combinations)
Article 10 (Standards for Acquisition or Ownership of Shares)
Article 11 (Reporting on Business Combinations)
Article 12 (Special Cases concerning Procedures for Reporting Business Combinations)
Article 13 (Prohibition of Acts of Circumventing Law)
Article 13-2 (Submission of Correction Schemes)
Article 14 (Corrective Measures)
Article 15 (Enforcing Compliance with Corrective Measures)
Article 16 (Enforcement Fines)
CHAPTER IV RESTRICTIONS ON CONCENTRATION OF ECONOMIC POWER
Article 17 (Reporting on Establishment of, or Conversion into, Holding Companies)
Article 18 (Restrictions on Acts by Holding Companies)
Article 19 (Restrictions on Establishment of Holding Companies by Business Groups Subject to Limitations on Cross Shareholding)
Article 20 (Special Cases concerning Restrictions on Owning Shares of Financial Companies by General Holding Companies)
Article 21 (Prohibition of Cross Shareholding)
Article 22 (Prohibition of Circular Shareholding)
Article 23 (Restrictions on Voting Rights for Circular Shareholding)
Article 24 (Prohibition of Debt Guarantees for Affiliates)
Article 25 (Restrictions on Voting Rights Held by Financial Companies, Insurance Companies, and Public Interest Corporations)
Article 26 (Resolutions by Board of Directors on Large-Scale Internal Trading and Disclosure Thereof)
Article 27 (Disclosure of Material Facts by Unlisted Companies)
Article 28 (Disclosure of Current Status of Business Groups)
Article 29 (Resolutions by Board of Directors of Public Interest Corporations That Are Related Parties and Disclosure Thereof)
Article 30 (Reporting on Current Status of Shareholdings)
Article 31 (Designation of Business Groups Subject to Limitations on Cross Shareholding)
Article 32 (Inclusion in, or Exclusion from, Affiliates)
Article 33 (Presumptive Date of Inclusion in Affiliates and Notice Thereof)
Article 34 (Requiring Relevant Institutions to Verify Materials)
Article 35 (Disclosure of Information on Current Status of Business Groups Subject to Disclosure)
Article 36 (Prohibition of Acts of Circumventing Law)
Article 37 (Corrective Measures)
Article 38 (Penalty Surcharges)
Article 39 (Enforcing Compliance with Corrective Measures)
CHAPTER V RESTRICTIONS ON ILLEGAL CARTEL CONDUCT
Article 40 (Prohibition of Illegal Cartel Conduct)
Article 41 (Measures to Prevent Illegal Cartel Conduct for Bidding in Public Sectors)
Article 42 (Corrective Measures)
Article 43 (Penalty Surcharges)
Article 44 (Leniency Programs)
CHAPTER VI PROHIBITION OF UNFAIR TRADE PRACTICES, PRACTICES OF RESALE PRICE MAINTENANCE, AND PROVISION OF UNDUE BENEFITS TO RELATED PARTIES
Article 45 (Prohibition of Unfair Trade Practices)
Article 46 (Prohibition of Practices of Resale Price Maintenance)
Article 47 (Prohibition of Provision of Undue Benefits to Related Parties)
Article 48 (Prohibition of Retaliatory Measures)
Article 49 (Corrective Measures)
Article 50 (Penalty Surcharges)
CHAPTER VII TRADE ASSOCIATIONS
Article 51 (Prohibited Acts for Trade Associations)
Article 52 (Corrective Measures)
Article 53 (Penalty Surcharges)
CHAPTER VIII ENFORCEMENT AGENCY
Article 54 (Establishment of Fair Trade Commission)
Article 55 (Functions of the Fair Trade Commission)
Article 56 (International Cooperation of the Fair Trade Commission)
Article 57 (Composition of the Fair Trade Commission)
Article 58 (Types of Meetings)
Article 59 (Subjects of Plenary Sessions and Subcommittee Meetings)
Article 60 (Chairperson)
Article 61 (Terms of Office of Commissioners)
Article 62 (Guarantee of Commissioners' Status)
Article 63 (Prohibition of Commissioner's Political Activities)
Article 64 (Quorums for Proceedings and Resolutions)
Article 65 (Making Public Hearings and Resolutions and Confidentiality of Agreement)
Article 66 (Maintaining Order in Venue of Adjudicatory Proceedings)
Article 67 (Exclusion of, Challenge to, or Refrainment by, Commissioners)
Article 68 (Preparation and Correction of Written Resolutions)
Article 69 (Timing of Determination as to Violation of Act)
Article 70 (Establishment of Secretariat)
Article 71 (Provisions concerning Organization)
CHAPTER IX ESTABLISHMENT OF KOREA FAIR TRADE MEDIATION AGENCY AND DISPUTE MEDIATION
Article 72 (Establishment of Korea Fair Trade Mediation Agency)
Article 73 (Establishment and Organization of Fair Trade Dispute Mediation Council)
Article 74 (Meetings of Council)
Article 75 (Exclusion of, Challenge to, or Refrainment by, Members of Council)
Article 76 (Request for Mediation)
Article 77 (Mediation)
Article 77-2 (Relationship to Litigation)
Article 78 (Preparation of Mediation Reports and Validity Thereof)
Article 79 (Organization and Operation of Council)
CHAPTER X PROCEDURES FOR INVESTIGATIONS
Article 80 (Recognition of and Reporting on Violations)
Article 81 (Investigations into Violations)
Article 82 (Investigation Hours and Period)
Article 83 (Rights to Seek Assistance in Investigations and Deliberations of Violations)
Article 84 (Prohibition of Abusing Power to Conduct Investigations)
Article 85 (Requests for Postponement of Investigations)
Article 86 (Enforcement Fines)
Article 87 (Written Fact-Finding Surveys)
Article 88 (Recommendation for Correction of Violations)
Article 89 (Consent Decrees)
Article 90 (Procedures for Consent Decrees)
Article 91 (Revocation of Consent Decrees)
Article 92 (Enforcement Fines)
Article 93 (Providing Opportunity to State Opinions)
Article 94 (Examination of Evidence in Deliberation Procedures)
Article 95 (Requests for Inspection of Materials)
Article 96 (Filing Objections)
Article 97 (Suspension of Enforcement of Corrective Measures)
Article 97-2 (Implementation Management of Corrective Measures)
Article 98 (Service of Documents)
Articles 14 through 16 of the Administrative Procedures Act shall apply mutatis mutandis to service of documents.
Article 98-2 (Submission and Service of Documents through Electronic Data Processing System)
Article 98-3 (Service of Documents on Designated Domestic Agents)
Article 99 (Filing Appeals)
Article 100 (Exclusive Jurisdiction over Appeals)
Article 101 (Case Handling Procedures)
CHAPTER XI IMPOSITION AND COLLECTION OF PENALTY SURCHARGES
Article 102 (Imposition of Penalty Surcharges)
Article 103 (Extension of Deadline for Paying Penalty Surcharges and Payment in Installments)
Article 104 (Liability for Joint and Several Payment of Penalty Surcharges)
Article 105 (Collection of Penalty Surcharges and Disposition on Delinquency)
Article 106 (Additional Payment on Refund of Penalty Surcharges)
Article 107 (Disposition on Deficits)
CHAPTER XII REQUESTS FOR PROHIBITION AND COMPENSATION
Article 108 (Requests for Prohibition)
Article 109 (Liability for Compensation)
Article 110 (Sending Records)
Article 111 (Submission of Materials)
Article 112 (Confidentiality Orders)
Article 113 (Revocation of Confidentiality Orders)
Article 114 (Notification of Request for Perusal of Lawsuit Records)
Article 115 (Recognition of Damages)
CHAPTER XIII EXEMPTIONS
Article 116 (Legitimate Acts under Statutes or Regulations)
Article 117 (Exercising Intangible Property Rights)
Article 118 (Acts of Specified Associations)
CHAPTER ⅩⅣ SUPPLEMENTARY PROVISIONS
Article 119 (Duty of Confidentiality)
Article 120 (Consultation on Enactment of Anti-Competitive Statutes)
Article 120-2 (Dissemination of Fair Trade Compliance Culture)
Article 120-3 (Designation of Compliance Evaluation Agency)
Article 121 (Cooperation from Heads of Relevant Agencies)
Article 122 (Delegation and Entrustment of Authority)
Article 123 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
CHAPTER XV PENALTY PROVISIONS
Article 124 (Penalty Provisions)
Article 125 (Penalty Provisions)
Article 126 (Penalty Provisions)
Article 127 (Penalty Provisions)
Article 128 (Joint Penalty Provisions)
Article 129 (Criminal Charges)
Article 130 (Administrative Fines)
ADDENDA <Act No. 17799, Dec. 29, 2020>
ADDENDA <Act No. 18661, Dec. 28, 2021>
ADDENDA <Act No. 19504, Jun. 20, 2023>
ADDENDA <Act No. 19510, Jun. 20, 2023>
ADDENDUM <Act No. 19617, Aug. 8, 2023>
ADDENDA <Act No. 19990, Jan. 9, 2024>
ADDENDA <Act No. 20239, Feb. 6, 2024>