Monopoly Regulation and Fair Trade Act

독점규제 및 공정거래에 관한 법률

Act · 공정거래위원회 · English text effective 2026-05-12 · Korean current 2026-10-02

Articles

• CHAPTER I GENERAL PROVISIONS
• Article 1 Purpose
• Article 2 Definitions
• Article 3 Application to acts conducted overseas
• CHAPTER II PROHIBITION OF ABUSE OF MARKET-DOMINANT POSITION
• Article 4 Remedies for monopoly or oligopoly in market structures
• Article 5 Prohibition of abuse of market-dominant position
• Article 6 Presumption of market-dominant business entities
• Article 7 Corrective measures
• Article 8 Penalty surcharges
• CHAPTER III RESTRICTIONS ON BUSINESS COMBINATIONS
• Article 9 Restrictions on business combinations
• Article 10 Standards for acquisition or ownership of shares
• Article 11 Reporting on business combinations
• Article 12 Special cases concerning procedures for reporting business combinations
• Article 13 Prohibition of acts of circumventing law
• Article 13-2 Submission of correction schemes
• Article 14 Corrective measures
• Article 15 Enforcing compliance with corrective measures
• Article 16 Enforcement fines
• CHAPTER IV RESTRICTIONS ON CONCENTRATION OF ECONOMIC POWER
• Article 17 Reporting on establishment of, or conversion into, holding companies
• Article 18 Restrictions on acts by holding companies
• Article 19 Restrictions on establishment of holding companies by business groups subject to limitations on cross shareholding
• Article 20 Special cases concerning restrictions on owning shares of financial companies by general holding companies
• Article 21 Prohibition of cross shareholding
• Article 22 Prohibition of circular shareholding
• Article 23 Restrictions on voting rights for circular shareholding
• Article 24 Prohibition of debt guarantees for affiliates
• Article 25 Restrictions on voting rights held by financial companies, insurance companies, and public interest corporations
• Article 26 Resolutions by board of directors on large-scale internal trading and disclosure thereof
• Article 27 Disclosure of material facts by unlisted companies
• Article 28 Disclosure of current status of business groups
• Article 29 Resolutions by board of directors of public interest corporations that are related parties and disclosure thereof
• Article 30 Reporting on current status of shareholdings
• Article 31 Designation of business groups subject to limitations on cross shareholding
• Article 32 Inclusion in, or exclusion from, affiliates
• Article 33 Presumptive date of inclusion in affiliates and notice thereof
• Article 34 Requiring relevant institutions to verify materials
• Article 35 Disclosure of information on current status of business groups subject to disclosure
• Article 36 Prohibition of Acts of circumventing law
• Article 37 Corrective measures
• Article 38 Penalty surcharges
• Article 39 Enforcing compliance with corrective measures
• CHAPTER V RESTRICTIONS ON ILLEGAL CARTEL CONDUCT
• Article 40 Prohibition of illegal cartel conduct
• Article 41 Measures to prevent illegal cartel conduct for bidding in public sectors
• Article 42 Corrective measures
• Article 43 Penalty surcharges
• Article 44 Leniency programs
• CHAPTER VI PROHIBITION OF UNFAIR TRADE PRACTICES, PRACTICES OF RESALE PRICE MAINTENANCE, AND PROVISION OF UNDUE BENEFITS TO RELATED PARTIES
• Article 45 Prohibition of unfair trade practices
• Article 46 Prohibition of practices of resale price maintenance
• Article 47 Prohibition of provision of undue benefits to related parties
• Article 48 Prohibition of retaliatory measures
• Article 49 Corrective measures
• Article 50 Penalty surcharges
• CHAPTER VII TRADE ASSOCIATIONS
• Article 51 Prohibited acts for trade associations
• Article 52 Corrective measures
• Article 53 Penalty surcharges
• CHAPTER VIII ENFORCEMENT AGENCY
• Article 54 Establishment of Fair Trade Commission
• Article 55 Functions of the Fair Trade Commission
• Article 56 International cooperation of the Fair Trade Commission
• Article 57 Composition of the Fair Trade Commission
• Article 58 Types of meetings
• Article 59 Subjects of plenary sessions and subcommittee meetings
• Article 60 Chairperson
• Article 61 Terms of office of commissioners
• Article 62 Guarantee of commissioners' status
• Article 63 Prohibition of commissioner's political activities
• Article 64 Quorums for proceedings and resolutions
• Article 65 Making public hearings and resolutions and confidentiality of agreement
• Article 66 Maintaining order in venue of adjudicatory proceedings
• Article 67 Exclusion of, challenge to, or refrainment by, commissioners
• Article 68 Preparation and correction of written resolutions
• Article 69 Timing of determination as to violation of Act
• Article 70 Establishment of secretariat
• Article 71 Provisions concerning organization
• CHAPTER IX ESTABLISHMENT OF KOREA FAIR TRADE MEDIATION AGENCY AND DISPUTE MEDIATION
• Article 72 Establishment of Korea Fair Trade Mediation Agency
• Article 73 Establishment and organization of Fair Trade Dispute Mediation Council
• Article 74 Meetings of Council
• Article 75 Exclusion of, challenge to, or refrainment by, members of Council
• Article 76 Request for mediation
• Article 77 Mediation
• Article 77-2 Relationship to litigation
• Article 78 Preparation of mediation reports and validity thereof
• Article 79 Organization and operation of Council
• CHAPTER X PROCEDURES FOR INVESTIGATIONS
• Article 80 Recognition of and reporting on violations
• Article 81 Investigations into violations
• Article 82 Investigation hours and period
• Article 83 Rights to seek assistance in investigations and deliberations of violations
• Article 84 Prohibition of abusing power to conduct investigations
• Article 85 Requests for postponement of investigations
• Article 86 Enforcement fines
• Article 87 Written fact-finding surveys
• Article 88 Recommendation for correction of violations
• Article 89 Consent decrees
• Article 90 Procedures for consent decrees
• Article 91 Revocation of consent decrees
• Article 92 Enforcement fines
• Article 93 Providing opportunity to state opinions
• Article 94 Examination of evidence in deliberation procedures
• Article 95 Requests for inspection of materials
• Article 96 Filing objections
• Article 97 Suspension of enforcement of corrective measures
• Article 97-2 Implementation management of corrective measures
• Article 98 Service of documents
• Article 98-2 Submission and service of documents through electronic data processing system
• Article 98-3 Service of documents on designated domestic agents
• Article 99 Filing appeals
• Article 100 Exclusive jurisdiction over appeals
• Article 101 Case handling procedures
• CHAPTER XI IMPOSITION AND COLLECTION OF PENALTY SURCHARGES
• Article 102 Imposition of penalty surcharges
• Article 103 Extension of deadline for paying penalty surcharges and payment in installments
• Article 104 Liability for joint and several payment of penalty surcharges
• Article 105 Collection of penalty surcharges and disposition on delinquency
• Article 106 Additional payment on refund of penalty surcharges
• Article 107 Disposition on deficits
• CHAPTER XII REQUESTS FOR PROHIBITION AND COMPENSATION
• Article 108 Requests for prohibition
• Article 109 Liability for compensation
• Article 110 Sending records
• Article 111 Submission of materials
• Article 112 Confidentiality orders
• Article 113 Revocation of confidentiality orders
• Article 114 Notification of request for perusal of lawsuit records
• Article 115 Recognition of damages
• CHAPTER XIII EXEMPTIONS
• Article 116 Legitimate Acts under statutes or regulations
• Article 117 Exercising intangible property rights
• Article 118 Acts of specified associations
• CHAPTER ⅩⅣ SUPPLEMENTARY PROVISIONS
• Article 119 Duty of confidentiality
• Article 120 Consultation on enactment of anti-competitive statutes
• Article 120-2 Dissemination of fair trade compliance culture
• Article 120-3 Designation of compliance evaluation agency
• Article 121 Cooperation from heads of relevant agencies
• Article 122 Delegation and entrustment of authority
• Article 123 Legal fiction as public officials for purposes of applying penalty provisions
• CHAPTER XV PENALTY PROVISIONS
• Article 124 Penalty provisions
• Article 125 Penalty provisions
• Article 126 Penalty provisions
• Article 127 Penalty provisions
• Article 128 Joint penalty provisions
• Article 129 Criminal charges
• Article 130 Administrative fines

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