(1) The Fair Trade Mediation Agency under Article 72 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the "Mediation Agency") shall establish a subcontract dispute mediation council (hereinafter referred to as "council"). <Amended on Mar. 29, 2011; Jul. 24, 2015: Dec. 29, 2020>
(2) A business association may establish such a council with the approval of the Fair Trade Commission <Added on Jul. 24, 2015>
(3) The council established at the Mediation Agency (hereinafter referred to as the "Council of the Mediation Agency") shall be comprised of up to nine members, including one chairperson, with an equal number of members representing the public interest, members representing a prime contractor, and members representing a subcontractor; and the president of the Council of the Mediation Agency shall be a full-time member. <Amended on Jul. 24, 2015; Aug. 8, 2023>
(4) The number of members of a council established by a trade association shall be determined by the relevant council with approval from the Fair Trade Commission. <Added on Aug. 8, 2023>
(5) The chairperson of the Council of the Mediation Agency shall be elected by the Chairperson of the Fair Trade Commission from among the members representing the public interest, and the chairperson of the council established by a business association shall be elected by the council from the members thereof. The chairperson of a council shall represent the relevant council. <Amended on Jul. 24, 2015; Aug. 8, 2023>
(6) The term of office of a member of the Council of the Mediation Agency shall be three years, and the term of office of a member of the council established by a business association shall be determined by the business association with the approval of the Fair Trade Commission. <Amended on Jul. 24, 2015; Aug. 8, 2023>
(7) Members of the Council of the Mediation Agency shall be appointed or commissioned by the Chairperson of the Fair Trade Commission on the recommendation of the president of the Mediation Agency from among the following persons: <Added on Mar. 29, 2011; Jul. 24, 2015; Aug. 8, 2023>
1. A person who majored in jurisprudence, economics, or business administration in college or university and is or was in the position of associate professor or higher or in a position equivalent thereto at either a school under subparagraph 1, 2, or 5 of Article 2 of the Higher Education Act, or an accredited research institute;
2. A person who is or was in the position of judge or prosecutor, or a person who is qualified as an attorney-at-law;
3. A person who has experience in affairs related to antitrust or fair trade and is or was in the position of public official of Grade Ⅳ or higher (including a public official in general service as a member of the Senior Executive Service).
4. A person who has extensive knowledge of and experience in subcontract transactions and dispute mediation.
(8) The members of a council established under a business association shall be commissioned by the head of the business association which has established the council, but the head thereof shall, prior to such commission, make a report thereon to the Fair Trade Commission; provided, where several business associations intend to jointly establish a council, the heads of the relevant business associations shall jointly commission the members thereof. <Amended on Mar. 29, 2011; Jul. 24, 2015; Aug. 8, 2023>
(9) The members representing the public interest shall be commissioned from among persons who have extensive knowledge and experience in subcontract transactions, but neither a person who conducts any business falling within any of the business categories which are covered for dispute mediation by the relevant council, nor a person who is an executive officer or employee of a business entity falling under any of such business categories, may be a member representing the public interest. <Amended on Mar. 29, 2011; Jul. 24, 2015; Aug. 8, 2023>
(10) Where a person commissioned as a member representing the public interest becomes either a person who conducts any business falling within any of the business categories which are covered for dispute mediation by the relevant council, or an executive officer or employee of a business entity falling under any of such business categories, the Chairperson of the Fair Trade Commission shall immediately dismiss such person from the position of a member of the council. <Amended on Mar. 29, 2011; Jul. 24, 2015; Aug. 8, 2023>
(11) The State may fully or partially subsidize expenses to be incurred for the operation of the councils within the budget. <Added on May 28, 2014; Jul. 24, 2015; Aug. 8, 2023>
(12) The chairperson of the Council of the Mediation Agency shall not engage in any for-profit business affairs other than his or her duties. <Added on Feb. 6, 2024>
(13) Article 37 (3) of the Act on the Management of Public Institutions shall apply mutatis mutandis to the scope of for-profit business affairs under paragraph (12). <Added on Feb. 6, 2024>
(14) The chairperson of the Council of the Mediation Agency may concurrently conduct non-profit business affairs subject to examination by the Chairperson of the Fair Trade Commission as to whether it falls under the for-profit business affairs under paragraph (13). <Added on Feb. 6, 2024>[This Article Wholly Amended on Jan. 25, 2010][Title Amended on May 28, 2014]