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ENFORCEMENT DECREE OF THE ACT ON FAIR TRANSACTIONS IN LARGE RETAIL BUSINESS

Presidential Decree No. 23476, Dec. 30, 2011

Amended by Presidential Decree No. 23864, jun. 19, 2012

Presidential Decree No. 24436, Mar. 23, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 27504, Sep. 21, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28580, Jan. 9, 2018

Presidential Decree No. 29156, Sep. 11, 2018

Presidential Decree No. 30509, Mar. 3, 2020

Presidential Decree No. 31222, Dec. 8, 2020

Presidential Decree No. 31380, Jan. 5, 2021

Presidential Decree No. 32274, Dec. 28, 2021

Presidential Decree No. 32891, Aug. 30, 2022

Presidential Decree No. 34204, Feb. 6, 2024

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Fair Transactions in Large Retail Business and other matters necessary for enforcing that Act.
 Article 2 (Matters for Documentation)
(1) "Transaction type and other matters prescribed by Presidential Decree" in Article 6 (1) of the Act on Fair Transactions in Large Retail Business (hereinafter referred to as the "Act") means the following: <Amended on Jan. 9, 2018; Aug. 30, 2022>
1. Transaction type, transaction item, and transaction period;
2. Method of delivery, place, and date of delivery;
2-2. Quantity of the goods provided or prepared for sale by suppliers, in cases of a contract under which a certain quantity of goods should be supplied;
3. Means of payment of the proceeds from sale of goods or the price of goods, and the date of payment thereof;
4. Terms and conditions for returning goods;
5. The following amounts:
(a) Rents to be paid by a sales floor tenant;
(b) In cases of the purchase under a special contract or consignment sale, sales revenue or handling charges to be deducted by the large retail business entities from the proceeds from sale of goods;
(c) Other expenses to be additionally paid to a large retail business entity by a supplier or a sales floor tenant (hereinafter referred to as "supplier, etc.");
6. Where the employees or other persons hired by a supplier, etc. (hereinafter referred to as "employees, etc.") are dispatched by the supplier, etc., the conditions of such dispatch of employees, etc., whether or not the burden of dispatch cost is shared and the conditions of such cost sharing;
7. Where a sales incentive is granted, matters referred to in the subparagraphs of Article 12;
8. Where a store has multiple sales floors, location and size of the sales floors, whether or not the sale floors’ facility and equipment cost is shared and any conditions of such cost sharing.
(2) Notwithstanding paragraph (1), television home shopping business entities among the large retail business entities (referring to a person who has obtained approval of the Minister of Science and ICT to engage in the business of using broadcasting channels of special programming for promoting and selling goods under the proviso of Article 9 (5) of the Broadcasting Act) shall specify the following in writing: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jan. 9, 2018>
1. Matters referred to in paragraph (1) 1, 2, 2-2, and 3 through 5;
2. Number of broadcasting times and date and time of broadcasting;
3. Personnel expenses incurred for a potential cast member, whether or not the burden is shared, and the terms and conditions of such burden sharing;
4. Terms and conditions of delivery of goods ordered by consumers;
5. Where a consumer cancels or returns purchase of the goods, conditions of delivery and handling of the goods canceled or returned.
(3) Notwithstanding paragraph (1), an online shopping mall business entities among the large retail business entities (referring to a person who runs retail business via a website) shall specify the following in writing: <Amended on Jan. 9, 2018>
1. Matters referred to in paragraph (1) 1, 2, 2-2, 3, and 4;
2. Matters referred to in paragraph (2) 4 and 5.
 Article 3 (Confirmation of Details of Contract)
When a supplier, etc. requests a large retail business entity to confirm the details of the contract pursuant to Article 6 (4) of the Act, the request shall be made in writing specifying the following: <Amended on Jan. 9, 2018; Aug. 30, 2022>
1. Date of contract;
2. Kind of the goods;
2-2. Quantity of the goods provided or prepared for sale by suppliers, in cases of a contract under which a certain quantity of goods should be supplied;
3. Means of payment of the proceeds from sale of goods or the price of goods, and the date of payment thereof;
4. Other matters that can help identify details of the relevant contract.
 Article 4 (Methods of Notification and Reply)
(1) A notification or reply under Article 6 (4) and (5) of the Act shall be made by means of content certified mail or other means which allow objective confirmation of the details of the notification or replay or of whether or not it is received [where electronic documents are used, the certified electronic signature defined in subparagraph 2 of Article 2 of the Digital Signature Act (limited to where the actual name of the signatory is identifiable) shall be used therein]. <Amended on Dec. 8, 2020>
(2) The notification and reply under paragraph (1) shall be sent to the address or e-mail address of the large retail business entities and the supplier, etc.
(3) The Fair Trade Commission may determine and distribute a form necessary for the notification and reply under paragraph (1).
 Article 5 (Document Preservation)
The documents that large retail business entities are required to preserve pursuant to Article 6 (8) of the Act shall be as follows (including those prepared, sent, received, or stored in electronic form using a computer or other devices with data-processing capability; hereafter in this Article the same shall apply): <Amended on Aug. 30, 2022>
1. Documents stating contract details under Article 6 (1) of the Act;
2. Documents stating details of the notification and answer under Article 6 (4) and (5) of the Act;
3. In connection with the reduction of the price of goods under the proviso of Article 7 (1) of the Act, documents stating the list of goods, quantity, date of reduction of price, contractually-agreed price of goods, grounds for reducing price, and the amount of reduction;
4. Documents stating the following matters:
(a) The date, amount, and means of payment of the proceeds from sale of goods or the price of goods prescribed in Article 8 (1) or (2) of the Act (where such payment is made in bills, the date of issuance, amount and maturity of the bills);
(b) An amount for each item deducted from the proceeds from sale of goods or the price of goods, and an amount for each item additionally received by a large retail business entity from a supplier, etc.;
5. Details of the payment of interest made under Article 8 (3) of the Act;
6. Documents stating the list, quantity, date of placing order, ordered quantity, date of receipt, received quantity of the goods whose receipt is refused or delayed pursuant to the proviso of Article 9 of the Act, and the documents stating grounds for such refusal or delay;
7. Documents stating the list, quantity, type of transaction, date of return of goods, amount of transaction, and the grounds for return of the goods returned pursuant to Article 10 (1) of the Act (including the documents expressly stating the conditions of return under Article 10 (1) 1 and 6 of the Act and the documents along with their evidentiary materials submitted by the supplier under Article 10 (1) 7);
8. Documents signed or affixed with signature and name by each of the large retail business entity and the supplier, etc. pursuant to Article 11 (2) of the Act in connection with his or her contracting for a sales promotional event and the documents on implementing the sales promotional event;
9. Documents signed or affixed with signature and name by each of the large retail business entity and the supplier, etc. pursuant to Article 12 (2) of the Act in connection with his or her contracting on the conditions of dispatch of the employee, etc. and the documents on detailed work records of the dispatched employee, etc. (as in the case of Article 12 (1) 2 of the Act, including the documents used by the supplier, etc. when he or she voluntarily requests for dispatch of the employee, etc.);
10. Documents submitted by a large retail business entity, for him or her to request for management information, to the supplier, etc. pursuant to Article 14 (2) of the Act;
11. Where the cost of sales floor facilities is compensated pursuant to Article 16 of the Act, documents stating the grounds for and amount of compensation;
12. In cases of causing the supplier, etc. to purchase merchandise coupons for justifiable reasons pursuant to subparagraph 1 of Article 17 of the Act, documents stating the details of issuance, sale, and collection of merchandise coupons;
13. In cases of changing the location, size, or facilities of a sales floor of the supplier, etc. for justifiable reasons pursuant to subparagraph 8 of Article 17 of the Act, documents stating standards of the change and details of consultation thereof;
14. In cases of changing the terms of a contract under each subparagraph of Article 13 (2) for justifiable reasons pursuant to subparagraph 9 of Article 17 of the Act, documents stating details of consultation thereof.
 Article 6 (Period of Return and Price Reduction of Fresh Agricultural, Marine and Stock Farm Products)
(1) "Period prescribed by Presidential Decree" in Articles 7 (2) and 10 (2) of the Act means the period from the time when a supplier supplies fresh agricultural, marine and stock farm products until a large retail business entity finishes inspection and purchase of the products.
(2) The period under paragraph (1) shall not exceed two days, unless an extraordinary reason arises to the contrary.
 Article 7 (Refusal or Delay of Receipt of Goods)
"Cases prescribed by Presidential Decree, such as where the supplied goods have been damaged due to a reason attributable to the supplier" in the proviso of Article 9 of the Act means any of the following:
1. Where the supplied goods have been damaged due to the reasons attributable to the supplier;
2. Where the supplied goods are defective;
3. Where the supplied goods differ from those ordered by a large retail business entity;
4. Where the relevant goods are supplied after a certain period of time during which those goods are supposed to be intensively sold;
5. Other circumstances corresponding to any of subparagraphs 1 through 4 where a large retail business entity has a justifiable reason to delay or refuse receipt of the relevant goods.
 Article 8 (Cases of Permitting Return of Goods by Franchisers)
Cases where a franchisee is permitted to return goods to a supplier in accordance with Article 10 (1) 8 of the Act shall be limited to those where a franchiser returns to the supplier the goods that were previously returned to the franchiser by a franchisee after closure of his or her business. In this case, no goods that cannot be re-sold shall be returned.
 Article 9 (Contract Details concerning Bearing of Sales Promotion Expenses)
Matters concerning sales promotion expenses that shall be contracted by the large retail business entities and the suppliers, etc. in accordance with Article 11 (1) of the Act shall be as follows:
1. Name, nature, and period of a sales promotion event;
2. Items of the goods to be sold through a sales promotion event;
3. Scale and detailed use of the expenses to be incurred for a sales promotion event;
4. Ratio of the economic profit the large retail business entities and supplies, etc. are expected to earn from such sales promotion event;
5. Ratio of sharing the expenses incurred for sales promotion and the amount thereof.
 Article 10 (Matters of Contract concerning Dispatched Employees)
(1) Matters that shall be agreed upon by a large retail business entity who accepts dispatched employees, etc., in accordance with the proviso, with the exception of the subparagraphs, of Article 12 (1) of the Act shall be as follows:
1. Number of the employees, etc.;
2. Work period and work hours of the employees, etc.;
3. Details of work to be conducted by the employees, etc.;
4. Whether or not the burden of personnel expenses is shared and the conditions thereof.
(2) Where a large retail business entity accepts dispatched employees, etc. in accordance with Article 12 (1) 1 of the Act, the expenses to be borne by him or her shall be as follows:
1. Personnel expenses of the dispatched employees, etc.;
2. Food expenses or transportation expenses, and other actual expenses incurred by the dispatched employees, etc.;
3. Other expenses incurred by the dispatched employees, etc. in selling the goods and conducting work related thereto at the large retail business entities’ stores.
 Article 11 (Prohibition of Request for Management Information)
(1) "Management information prescribed by Presidential Decree" in Article 14 (1) 3 of the Act means any of the following:
1. Information on production cost of the goods supplied or sold by the suppliers, etc.;
2. Sales amount, periodical sales, and other sales-related information of the goods supplied by the suppliers, etc. to other business entities or sold by the suppliers, etc. at the stores of other business entities;
3. Timing, frequency, and transaction conditions, etc. of the sales promotion event conducted by the suppliers, etc. at the stores of other business entities and other information related to the sales promotion event;
4. Inherent distinctive names and passwords of the electronic data-sharing computer network used by the supplier, etc. in his or her transaction with another business entity and other information necessary for accessing the computer network.
(2) Matters that shall be stated in writing where the large retail business entities request for management information in accordance with Article 14 (2) of the Act shall be as follows:
1. Purpose of requesting for the provision of management information;
2. Matters related to the maintenance of confidentiality of the requested information, such as a method for confidentiality maintenance, and matters related to compensation for damages in the event where a confidential information is infringed;
3. Date of requesting and providing management information and the method of providing the same;
4. Matters that can objectively prove the inevitability of requesting management information.
 Article 11-2 (Types of and Criteria for Interference in Management Activities)
Conduct prohibited under Article 14-2 (1) of the Act shall be any of the following:
1. Requiring a supplier, etc. to obtain instructions or approval from a large retail business entity, where a supplier, etc. appoints or dismisses an employee, etc. or determines the working area or working conditions of an employee, etc.;
2. Unfairly restricting matters regarding management activities of a supplier, etc., such as sales items, scale of facilities, and business hours;
3. Interfering in such a way as to require consultation or approval in cases of conducting a sales promotion event with another distributor or to limit or suspend a sales promotion event;
4. Interfering in such a way as to require a supplier, etc. to set, maintain, or change trade terms, such as the price and quantity of goods sold through another distributor;
5. Any other conduct determined and publicly notified by the Fair Trade Commission as interfering in the management activities of a supplier, etc. which are supposed to be determined and performed on their own.
[This Article Newly Inserted on Feb. 6, 2024]
 Article 12 (Matters of Contract concerning Provision of Sales Incentives)
Matters that shall be contracted by a large retail business entity, in order for him or her to receive a sales incentive, with a supplier in accordance with Article 15 (2) of the Act shall be as follows:
1. Type and name of sales incentives;
2. Purpose, timing, and frequency of paying sales incentives;
3. Ratio or amount of sales incentives;
4. Standards and procedures for determining sales incentives;
5. Grounds, standards, and procedures for altering sales incentives.
 Article 13 (Prohibition of Request for Purchase of Merchandise Coupons)
(1) The price and quantity of the supplied goods in the ordinary markets under subparagraphs 2 and 3 of Article 17 of the Act shall be determined after comprehensive consideration of the following:
1. The status of supply of goods by suppliers;
2. Changes in supply and demand for raw materials;
3. Changes in market demand;
4. Changes in production quantity or in imports of goods;
5. Whether or not there exist other grounds that may affect the price fluctuations or quantity of the supplied goods.
(2) "Terms of a contract prescribed by Presidential Decree, such as the rate of sales incentive" in subparagraph 9 of Article 17 of the Act means either of the following:
1. Ratio or amount of sales incentive;
2. In cases of the purchase under a special contract or consignment sale, sales revenue or handling charges to be deducted by the large retail business entities from the proceeds from the sales of goods.
 Article 14 (Council Meetings)
(1) Where the chairperson of the dispute mediation council for transactions in large retail business under Article 20 (1) of the Act (hereinafter referred to as the "council") convokes a plenary meeting under Article 22 (1) of the Act or where a member representing public interest intends to convoke a small meeting under Article 20 (1), the relevant council members shall be notified in writing of the date and time, venue, and agenda items of the said meeting by not later than seven days prior to the convocation of such meeting: Provided, That this shall not apply in cases of urgency.
(2) Meetings of the council shall not be disclosed: Provided, That parties in dispute or other interested persons may be allowed to attend the meetings where deemed necessary by the chairperson.
 Article 15 (Application for Dispute Mediation)
(1) "Documents stating the matters prescribed by Presidential Decree" in Article 25 (1) of the Act means those stating the following: <Amended on Feb. 6, 2024>
1. Names and addresses of the applicant and the requested person (where the party in dispute is a corporation, the corporation’s name, location of its principal office, and its representative’s name and address);
2. Where a person has his or her agent, the agent’s name and address;
3. Reason of an application.
4. The litigation case number (limited to cases where a lawsuit is filed for a case subject to the application for dispute mediation).
(2) The document under paragraph (1) shall be accompanied by the following:
1. Documents proving the causes and facts of an application for dispute mediation;
2. Where a person’s agent files an application, the agent’s power of attorney;
3. Other evidentiary documents or materials that are necessary for dispute mediation.
 Article 16 (Selection of Representatives)
(1) Where multiple number of persons jointly file their applications for dispute mediation, the applicants may appoint a maximum of three representatives therefrom.
(2) Where the applicants do not appoint their representatives under paragraph (1), the chairperson may recommend that the applicants appoint their representatives.
(3) Where the applicants change their representatives, they shall, without delay, give notice thereof to the chairperson.
 Article 17 (Supplementation of Application for Mediation)
(1) When an application for mediation filed under Article 15 is deemed incomplete, the chairperson shall request the relevant applicant to supplement the application within a fixed, reasonable period of time.
(2) The period required for supplementing an application under paragraph (1) shall be excluded from computing the period referred to in Article 26 (6) 3 of the Act. <Amended on Sep. 21, 2016>
 Article 17-2 (Initiation of Mediation Procedure)
To initiate the mediation procedure under Article 26 (1) of the Act, the council shall notify the parties in dispute of the mediation number, the date of initiating the mediation, etc. without delay, and shall record specific details about the parties in dispute and the dispute in the management register.
[This Article Newly Inserted on Sep. 21, 2016]
 Article 18 (Ascertaining Facts by Disputing Parties)
(1) To request the parties in dispute to attend in person pursuant to Article 26 (3) of the Act, the council shall give notice of the date and place to the parties in dispute by not later than seven days prior to the requested date of attendance: Provided, That the council may otherwise determine such period in cases of urgency or with the consent of the parties in dispute. <Amended on Sep. 21, 2016>
(2) Upon receipt of the notice given pursuant to paragraph (1), the parties in dispute may submit their written opinions in advance, under any unavoidable circumstances preventing them from attending the council.
 Article 19 (Grounds for Termination of Mediation)
"Where any cause or event prescribed by Presidential Decree occurs" in Article 26 (5) 3 of the Act means any of the following cases: <Amended on Sep. 21, 2016>
1. Where the applicant fails to supplement his or her application within the specified period of supplementation without good cause;
2. Where the applicant is deemed to have filed his or her application for mediation to gain unjust benefits;
3. Where it is deemed inappropriate to mediate a dispute in light of the nature of the dispute;
4. Where the applicant has filed an application for mediation of the same dispute at least two times for the same purpose;
5. Where the applicant has reported the same case as already mediated by the council to the Fair Trade Commission and the case is referred to the council;
6. Where the applicant withdraws his or her application for mediation.
 Article 20 (Termination of Mediation)
Where the council dismisses an application for mediation or terminates the mediation procedure in accordance with Article 26 (7) of the Act, it shall prepare a mediation termination report stating the following and report to the Fair Trade Commission, along with a copy of the mediation termination report: <Amended on Sep. 21, 2016>
1. General status of the parties in dispute;
2. Details of the dispute;
3. Issues subject to mediation;
4. Grounds for dismissing the application for mediation or for terminating the mediation procedure.
 Article 21 (Mediation of Dispute)
Where a dispute is mediated pursuant to Article 27 (1) of the Act, the council shall prepare a mediation protocol stating the following and then report the mediation outcomes to the Fair Trade Commission, along with the copy of the aforementioned protocol attached:
1. General status of the parties in dispute;
2. Details of the dispute;
3. Issues subject to mediation;
4. Results of mediation.
 Article 22 (Succession to Status of Disputing Parties)
(1) Where a party in dispute becomes unable to continue mediation before termination of the mediation procedure due to his or her death or incompetency or for other reasons, the council may have a person who has succeeded to his or her status pursuant to the statutes or regulations succeed to the status of the said party in dispute.
(2) A person who intends to succeed to the status of the party in dispute in accordance with paragraph (1) shall file a written application with the council.
(3) Upon receipt of the application under paragraph (2), the council shall without delay review the application to determine whether or not the succession is effected and shall give written notice thereof to the applicant.
 Article 23 (Notification of Filing of Lawsuit)
(1) If a party to a dispute files a lawsuit regarding the case after applying for dispute mediation pursuant to Article 25 (1) of the Act, he or she shall notify the Chairperson of the fact without delay. The same also applies where a party to a dispute applies for arbitration under the Arbitration Act.
(2) If the Committee is notified of the facts pursuant to the former part of paragraph (1) or confirms that a lawsuit has been filed in a case for which dispute mediation has been requested through a document submitted pursuant to Article 25 (1) of the Act, it may obtain the consent of the parties to the dispute and shall notify the court before which the litigation is pending of the following matters:
1. Names and addresses of the parties to the dispute (where a party to the dispute is a corporation, the corporation's name, location of its principal office, and its representative's name and address; hereafter in this Article the same shall apply);
2. Date the application for dispute mediation is filed;
3. The purport of, and the grounds for, the request for dispute mediation;
4. The litigation case number.
(3) Where the court before which the litigation is pending suspends litigation procedures pursuant to Article 26-2 (1) of the Act, the parties to the dispute shall notify the Committee of such fact without delay.
(4) The Committee shall dismiss an application for mediation without prejudice under Article 26 (4) of the Act with respect to a dispute mediation case in which the court before which the litigation pending has suspended litigation procedures pursuant to Article 26-2 (1) of the Act, or if the Committee terminates mediation proceedings under paragraph (5) or (6) of that paragraph, it shall notify the court of the following matters with the consent of the parties to the dispute:
1. Names and addresses of the parties to the dispute;
2. Grounds for dismissing the application for mediation without prejudice or for terminating the mediation procedure;
3. Results of mediation (limited to cases where mediation is successful);
4. The litigation case number.
(5) Where the Committee suspends mediation procedures under Article 26-2 (2) and (3) of the Act, it shall notify the parties to the dispute thereof without delay.
[This Article Wholly Amended on Feb. 6, 2024]
 Article 24 (Detailed Operating Rules of Council)
Except as otherwise provided in this Decree, matters necessary for organization, operation, and mediation procedure, etc. of the council shall be determined by the chairperson of the council after deliberation and resolution of the council.
 Article 25 (Reporting Violations and Giving Notice of Contents of Reports)
(1) A person who intends to file a report in accordance with the former part of Article 29 (1) of the Act shall submit a document stating the following to the Fair Trade Commission: Provided, That the person may file a report by phone or orally if it is urgently required or inevitable: <Amended on Sep. 21, 2016>
1. Name and address of the reporter;
2. Address of the person reported, the representative’s name, and details of business;
3. Details of the violation committed by the person reported;
4. Other matters that help clarify the details of the violation.
(2) The Fair Trade Commission shall give a document to ascertain whether a reporter gives consent as provided for in the following directly to the reporter or send it by mail (including electronic mail; hereafter in this Article the same shall apply) within 15 days from the date of receipt of the report filed under paragraph (1): <Newly Inserted on Sep. 21, 2016>
1. Consent to the Fair Trade Commission’s giving notice to the large retail business entity involved of the fact that it has received a report;
2. Consent to giving notice of the reporter and the contents of the report when giving notice under paragraph (1).
(3) Every reporter shall notify the Fair Trade Commission of the fact that he or she gives consent as provided for in the subparagraphs of paragraph (2) in writing within 15 days from the date of receipt of the document given or sent under paragraph (2); and where the reporter fails to notify within the aforementioned period, consent under paragraph (2) shall be deemed not given. <Newly Inserted on Sep. 21, 2016>
(4) The Fair Trade Commission shall give a document stating the fact that it has received a report, the reporter, and the contents of the report directly to the large retail business entity involved or shall send it by mail, within 7 days from the date of receipt of the notification under paragraph (3). <Newly Inserted on Sep. 21, 2016>
[Title Amended on Sep. 21, 2016]
 Article 26 (Payment of Monetary Awards)
(1) Violations of the Act, reporting of which is to earn a monetary award pursuant to Article 29-2 (1) of the Act (hereafter in this Article referred to as "monetary award"), shall be those violating any of the provisions of Articles 6 (1) through (3), 7 through 10, 11 (1) through (4), 12 through 15, 15-2, and 16 through 18 of the Act. <Amended on Sep. 11, 2018>
(2) A monetary award shall be paid to a person who reported or gave information on any violation under paragraph (1) and submitted for the first time any evidentiary material that helps prove such violation: Provided, That a large retail business entity who commits such violation and executive officers and employees thereof involved in such violation shall be excluded herefrom. <Amended on Sep. 11, 2018>
(3) The Fair Trade Commission shall pay a monetary award within three months from the date the Commission deems that a reported or informed act is a violation of the Act and therefore decides to issue a corrective order or other disposition to the large retail business entity who has committed such violation (in the event an objection is filed, referring to the date of adjudication), except in extraordinary cases. <Amended on Sep. 11, 2018>
(4) A public official involved in the payment of a monetary award shall not provide or divulge any detail on reporting or giving information, such as the identity of the person who filed a report or gave information, to others. <Newly Inserted on Sep. 11, 2018>
(5) The Fair Trade Commission shall determine and publicly notify specific criteria for paying a monetary award depending on types of violations after consideration of such factors as the severity of violation and value of relevant evidence. <Newly Inserted on Sep. 11, 2018>
(6) A deliberation committee may be established under the Fair Trade Commission to deliberate on the matters relating to the payment of a monetary award. <Newly Inserted on Sep. 11, 2018>
(7) Matters regarding the establishment and operation of a monetary award deliberation committee under paragraph (6) and the detailed payment standards and procedures shall be determined and publicly notified by the Fair Trade Commission. <Newly Inserted on Sep. 11, 2018>
 Article 26-2 (Methods and Procedures for Issuing Publication Orders)
(1) Where the Fair Trade Commission intends to order a large retail business entity who received a corrective order under Article 32 of the Act to publish such fact, the Commission shall specify the details to be included, the types and numbers of the media outlet, the size of the pages, etc. in consideration of the following:
1. Details and severity of violation;
2. Duration and number of violation.
(2) In issuing an order for publishing the fact that a corrective order has been received under paragraph (1), the Fair Trade Commission may allow the large retail business entity to have prior consultation with the Commission on the draft thereof.
[This Article Newly Inserted on Sep. 11, 2018]
 Article 27 (Recommendation Procedures for Corrective Measures)
Written correction under Article 33 (1) of the Act shall be recommended, stating the following:
1. Offenses committed in violation of the Act;
2. Recommendation;
3. Deadline for correction;
4. Deadline for sending notification of consent or refusal;
5. Measures in the event of refusal of consent.
 Article 28 (Penalty Surcharges)
(1) The criteria for imposing penalty surcharges referred to in Article 35 of the Act shall be as specified in attached Table 1. <Amended on Jan. 9, 2018>
(2) Matters necessary for imposing a penalty surcharge shall be determined and publicly notified by the Fair Trade Commission, except as provided in paragraph (1).
 Article 29 (Re-Examination of Regulation)
The Fair Trade Commission shall examine the appropriateness of the matters for documentation under Article 2 every three years from January 1, 2017 (referring to the period that ends on the day before January 1 every third year) and shall take measures, such as making improvements.
[This Article Wholly Amended on Mar. 3, 2020]
 Article 29-2 (Criteria for Imposition of Administrative Fines)
Criteria for the imposition of administrative fines under Article 41 (1) through (5) of the Act shall be as specified in attached Table 2. <Amended on Jan. 9, 2018; Sep. 11, 2018>
[This Article Newly Inserted on Sep. 21, 2016]
ADDENDA <Presidential Decree No. 23476, Dec. 30, 2011>
This Decree shall enter into force on January 1, 2012.
ADDENDA <Presidential Decree No. 23864, Jun. 19, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24436, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27504, Sep. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016.
Article 2 (Applicability to Initiation of Mediation Procedure)
The amended provisions of Article 17-2 shall begin to apply to an application or a request for mediation filed or made after this Decree enters into force.
Article 3 (Applicability to Notification of Contents of Reports)
The amended provisions of Article 25 (2) through (4) shall begin to apply to a report filed after this Decree enters into force.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28580, Jan. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Matters to Be Documented)
The amended provisions of Article 2 (1) 2-2, Article 2 (2) 1, Article 2 (3) 1, and subparagraph 2-2 of Article 3 shall begin to apply to a contract concluded between a large retail business entity and a supplier after this Decree enters into force.
ADDENDUM <Presidential Decree No. 29156, Sep. 11, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26 shall enter into force on September 14, 2018 and those of Article 29-2 and attached Table 2 shall enter into force on October 18, 2018.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 31222, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2021.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 32891, Aug. 30, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Matters to Be Documented)
The amended provisions of Article 2 (1) shall begin to apply to a contract concluded or renewed between a large retail business entity and a supplier, etc. after this Decree enters into force.
Article 3 (Transitional Measures concerning Criteria for Imposing Penalty Surcharges)
The amended provisions of subparagraph 1 of attached Table 1 shall also apply to a violation of Article 8 (1) or (2) of the Act before this Decree enters into force, which falls under any of the following cases:
1. Where the Fair Trade Commission commenced an investigation pursuant to Article 29 of the Act before this Decree enters into force and 30 days have not yet passed since the commencement of such investigation at the time this Decree enters into force;
2. Where the Fair Trade Commission commences an investigation pursuant to Article 29 of the Act after this Decree enters into force.
Article 4 (Transitional Measures concerning Preservation of Documents)
Notwithstanding the amended provisions of Article 5, the previous provisions shall apply to the documents to be preserved pursuant to Article 6 (8) of the Act as the period of a contract between a large retail business entity and a supplier, etc. expires before this Decree enters into force.
ADDENDUM <Presidential Decree No. 34204, Feb. 6, 2024>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 11-2 shall enter into force on February 9, 2024.