(1) Prosecution for a crime prescribed in Article 30 may be initiated only when a criminal charge is filed by the Fair Trade Commission. <Amended on Mar. 29, 2011>
(2) Where the Fair Trade Commission acknowledges that the severity of any crime referred to in Article 30 is objectively obvious and grave enough to considerably hamper subcontract transaction practices, it shall file a criminal charge with the Prosecutor General. <Added on Mar. 29, 2011>
(3) The Prosecutor General may notify the Fair Trade Commission that there exist facts fulfilling the requirements for filing a criminal charge under paragraph (2) and request it to file a criminal charge. <Added on Mar. 29, 2011>
(4) Irrespective of a ruling made by the Fair Trade Commission that a case does not meet the requirement for filing a criminal charge under paragraph (2), the Chairperson of the Board of Audit and Inspection or the Minister of SMEs and Startups may request the Fair Trade Commission to file a criminal charge on any other ground, such as ripple effects to the society or the degree of damage to a subcontractor. <Added on Jul. 16, 2013; Jul. 26, 2017>
(5) Upon receipt of a request to file a complaint made under paragraph (3) or (4), the Chairperson of the Fair Trade Commission shall file a complaint to the Prosecutor General. <Added on Jul. 16, 2013>
(6) The Fair Trade Commission may not withdraw a criminal charge once the prosecution is initiated. <Added on Mar. 29, 2011; Jul. 16, 2013>[This Article Wholly Amended on Apr. 1, 2009]