(1) A prime contractor, etc. for whom investigation or deliberation by the Fair Trade Commission is in progress (hereafter in this Article referred to as "applicant") may apply to the Fair Trade Commission for a resolution of consent under paragraph (3) in order to voluntarily resolve unfair transaction practices, etc. resulting from any act subject to such investigation or deliberation (hereinafter referred to as the "relevant act"), to relieve damage sustained by the subcontractor, or to improve the transaction order; provided, if the relevant act falls under any of the following cases, the Fair Trade Commission shall proceed with the deliberation procedure under this Act without a resolution of consent:
1. Where it meets the requirements for criminal charge under Article 32 (2);
2. Where the applicant cancels the application before a resolution of consent is reached.
(2) Where filing an application under paragraph (1), the applicant shall do so in writing stating the following:
1. Facts that can specify the relevant act;
2. Corrective measures necessary for restoring order in competition or proactively improving order in subcontracting such as suspension of the relevant act, restoration to the original state, etc.;
3. Other corrective measures necessary for relieving or preventing damage to subcontractors, other business entities, etc.
(3) Where determining that the corrective measures under paragraph (2) 2 and 3 (hereinafter referred to as "corrective measures") meet all of the following requirements after completing an investigation into the facts of the relevant act, the Fair Trade Commission may suspend the deliberation process related to the relevant act and make a resolution to the same effect as the corrective measures (hereinafter referred to as the "resolution of consent"). In such cases, the corrective measures may be amended after negotiations with the applicant:
1. There shall be a balance between the relevant act and the corrective measures and other sanctions expected to follow if the relevant act is found to be in violation of this Act;
2. The corrective measures shall be recognized as appropriate to restore fair and free competition or order in subcontracting, or to protect subcontractors, etc.
(4) The Fair Trade Commission's resolution of consent does not mean that the relevant act violates this Act, and no one may claim that the relevant act violates this Act on the grounds that the applicant has obtained the resolution of consent.[This Article Added on Jan. 11, 2022]