No. 34502
Promulgation Date 2024-05-10
Korea Fair Trade Commission
ALL
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
Article 2 (Criteria for Market-Dominant Business Entities)
Article 3 (Criteria for Holding Companies)
Article 4 (Scope of Business Groups)
Article 5 (Exclusion from Business Groups)
Article 6 (Exclusion from Persons Related to Same Person)
Article 7 (Scope of Domestic Financial Institutions)
CHAPTER II PROHIBITION OF ABUSE OF MARKET-DOMINANT POSITION
Article 8 (Entrustment of Market Structure Surveys or Publication)
Article 9 (Types of, and Criteria for, Abusive Practices)
Article 10 (Requests for Price Surveys)
Article 11 (Presumption of Market-Dominant Business Entities)
Article 12 (Methods of Publishing Facts of Receiving Corrective Orders)
Article 13 (Penalty Surcharges)
CHAPTER III RESTRICTIONS ON BUSINESS COMBINATIONS
Article 14 (Scope of Related Parties)
Article 15 (Standards for Total Assets or Sales)
Article 16 (Standards for Exemption from Application of Business Combinations)
Article 17 (Standards for Business Combination Date)
Article 18 (Standards and Procedures for Reporting Business Combinations)
Article 19 (Criteria for Reporting Business Combinations with Small Acquirees)
Article 20 (Deadline for Reporting Business Combinations)
Article 21 (Designation of Agents to File Reports on Business Combinations)
Article 22 (Corrective Measures)
Article 23 (Imposition of Enforcement Fines)
Article 24 (Demands for Payment of Enforcement Fines)
Article 25 (Entrustment of Disposition on Delinquency)
CHAPTER IV RESTRICTIONS ON CONCENTRATION OF ECONOMIC POWER
Article 26 (Reporting on Establishment of, or Conversion into, Holding Companies)
Article 27 (Criteria for Venture Holding Companies)
Article 28 (Restrictions on Acts by Holding Companies)
Article 29 (Submission of Reports on Business of Holding Companies)
Article 30 (Special Cases concerning Restrictions on Owning Shares of Financial Companies by General Holding Companies)
Article 31 (Exception to Prohibition of Debt Guarantees for Affiliates)
Article 32 (Exception to Restrictions on Voting Rights Held by Financial Companies, Insurance Companies, and Public Interest Corporations)
Article 33 (Resolutions by Board of Directors on Large-Scale Internal Trading and Disclosure Thereof)
Article 34 (Disclosure of Material Facts by Unlisted Companies)
Article 35 (Disclosure of Current Status of Business Groups)
Article 36 (Resolutions by Board of Directors of Public Interest Corporations That Are Related Parties and Disclosure Thereof)
Article 37 (Reporting on Stock Ownership Status)
Article 38 (Designation of Business Groups Subject to Disclosure and Business Groups Subject to Limitations on Cross Shareholding)
Article 39 (Presumptive Date of Inclusion and Notice of Affiliates)
Article 40 (Requiring Relevant Institutions to Verify Materials)
Article 41 (Scope of Information Disclosed in Relation to Current Status of Business Groups Subject to Disclosure)
Article 42 (Types of, and Standards for, Acts of Circumventing Law)
Article 43 (Publishing Facts of Receiving Corrective Orders)
CHAPTER V RESTRICTIONS ON ILLEGAL CARTEL CONDUCT
Article 44 (Criteria for Cartel Conduct)
Article 45 (Exclusion from Application of Cartel Conduct)
Article 46 (Procedures and Methods for Authorization of Cartel Conduct)
Article 47 (Discontinuation of Approved Cartel Conduct)
Article 48 (Measures to Prevent Illegal Cartel Conduct in Relation to Bidding in Public Sector)
Article 49 (Publishing Facts of Receiving Corrective Orders)
Article 50 (Penalty Surcharges)
Article 51 (Leniency Criteria)
CHAPTER VI PROHIBITION OF UNFAIR TRADE PRACTICES, PRACTICES OF RESALE PRICE MAINTENANCE, AND PROVISION OF UNDUE BENEFITS TO RELATED PARTIES
Article 52 (Types of, or Criteria for, Unfair Trade Practices)
Article 53 (Fair Competition Covenant)
Article 54 (Prohibition of Provision of Undue Benefits to Related Parties)
Article 55 (Publishing Facts of Receiving Corrective Orders)
Article 56 (Penalty Surcharges)
CHAPTER VII TRADE ASSOCIATIONS
Article 57 (Publishing Facts of Receiving Corrective Orders)
Article 58 (Penalty Surcharges)
CHAPTER VIII ENFORCEMENT AGENCY
Article 59 (Composition of Subcommittees)
Article 60 (Functional Division of Subcommittees)
Article 61 (Challenge to, or Refrainment by, Members)
Article 62 (Allowances for Commissioners)
CHAPTER IX ESTABLISHMENT OF KOREA FAIR TRADE MEDIATION AGENCY AND DISPUTE MEDIATION
Article 63 (Qualifications for Members of Fair Trade Dispute Mediation Council)
Article 64 (Meetings of Fair Trade Dispute Mediation Council)
Article 65 (Request for Mediation)
Article 66 (Selection of Representatives)
Article 67 (Verifying Facts from Disputing Parties)
Article 68 (Notification of Institution of Lawsuit)
Article 69 (Dismissal of Request for Dispute Mediation without Prejudice)
Article 70 (Operating Rules of Council)
CHAPTER X PROCEDURES FOR INVESTIGATIONS
Article 71 (Methods of Reporting Violations)
Article 72 (Date of Commencement of Investigation of Illegal Cartel Conduct)
Article 73 (Investigations by the Fair Trade Commission)
Article 74 (Payment of Expenses)
Article 75 (Investigations by Affiliated Public Officials)
Article 76 (Requests for Postponement of Investigations)
Article 77 (Imposition and Collection of Enforcement Fines)
Article 78 (Procedures for Recommendation for Correction)
Article 79 (Procedures for Consent Decrees)
Article 80 (Entrustment of Affairs concerning Implementation Management of Consent Decrees)
Article 81 (Scope of Persons Entitled to Request Inspection or Copying of Materials)
Article 82 (Procedures for, and Period of Handling of, Objections)
Article 83 (Suspension of Enforcement of Corrective Measures)
Article 83-2 (Entrustment of Business Affairs regarding Management of Implementation of Corrective Measures)
CHAPTER XI IMPOSITION AND COLLECTION OF PENALTY SURCHARGES
Article 84 (Criteria for Imposition of Penalty Surcharges)
Article 85 (Imposition and Payment of Penalty Surcharges)
Article 86 (Threshold for Extension of Deadline for Paying Penalty Surcharges and Payment in Installments)
Article 87 (Collection of Penalty Surcharges and Disposition on Delinquency)
Article 88 (Procedures for Requesting National Taxation Information)
Article 89 (Rate of Additional Payment on Refund)
Article 90 (Disposition on Deficits)
CHAPTER XII SUPPLEMENTARY PROVISIONS
Article 91 (Payment of Monetary Awards)
Article 92 (Re-Examination of Regulation)
Article 93 (Handling of Personally Identifiable Information)
CHAPTER XIII PENALTY PROVISIONS
Article 94 (Criteria for Imposing Administrative Fines)
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
ADDENDA <Presidential Decree No. 33140, Dec. 27, 2022>
ADDENDA <Presidential Decree No. 33494, May 30, 2023>
ADDENDA <Presidential Decree No. 33959, Dec. 12, 2023>
ADDENDA <Presidential Decree No. 34011, Dec. 19, 2023>
ADDENDUM <Presidential Decree No. 34502, May 10, 2024>