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Fair Transactions in Subcontracting Act — Article 24-5 (Mediation)

하도급거래 공정화에 관한 법률 제24조의5

This English translation is based on the Korean text effective 2025-12-17. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Each council may recommend the disputing parties to come to an agreement on the matter in dispute on their own, or may prepare a proposal of mediation and suggest the mediation proposal to the disputing parties.

(2) Each council may, if necessary to confirm the facts regarding the matter in dispute, conduct investigations or request the disputing parties to submit data or appear before the council.

(3) Each council shall dismiss a request for mediation in any of the following cases:

1. Where the application for mediation is filed by a person who has no direct interest in the dispute to be mediated;

2. Where the request for mediation is filed for a matter not subject to the application of this Act;

3. Where the request for mediation is filed in connection with a case in respect of which the Fair Trade Commission has commenced an investigation pursuant to Article 22 (2) before the request for mediation is filed.

(4) Each council shall terminate mediation process in any of the following cases: <Amended on Jan. 11, 2022>

1. Where the mediation is successfully concluded because the disputing parties accept the Council's recommendation or mediation proposals, or mediate on their own, etc.;

2. Where the mediation fails even though 60 days (90 days where both the disputing parties agree to the extension of the period) elapse from the date a request for mediation is filed under Article 24-4 (1) or the mediation is requested under paragraph (2) of the same Article;

3. Where there is no practical benefit in proceeding with the mediation for reasons such as refusal of mediation by one of the parties to the dispute.

(5) Where each council dismisses a request for mediation or terminates mediation process, the council shall report the details of the mediation; grounds for dismissing the request for mediation or terminating the procedures of mediation, etc. to the Fair Trade Commission along with relevant documents in writing without delay as prescribed by Presidential Decree, and shall notify the disputing parties of such fact.

(6) The Fair Trade Commission shall not issue an order to take corrective measures prescribed in Article 25 (1), or make a recommendation for correction prescribed in Article 25-5 (1), regarding the matter in dispute, to the prime contractor who is a party to the relevant dispute until the mediation process ends; provided, the same shall not apply to cases in respect of which the Fair Trade Commission is conducting investigations pursuant to Article 22 (2).[This Article Added on Jan. 16, 2018][Previous Article 24-5 moved to Article 24-6 <Jan. 16, 2018>]

‹ Article 24-4All articlesArticle 24-6 ›

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