(1) Prosecution for a violation specified in Article 124 or 125 may be initiated only if the Fair Trade Commission files a criminal charge.
(2) Where it is deemed that a violation specified in Article 124 or 125 substantially hinders competition as the gravity of such violation is objectively obvious and serious, The Fair Trade Commission shall file a criminal charge with the Prosecutor General.
(3) The Prosecutor General may notify the Fair Trade Commission of the existence of facts satisfying the requirements for filing criminal charges under paragraph (2) and may request the Fair Trade Commission to file a criminal charge.
(4) Even if the Fair Trade Commission concludes that a case does not satisfy the requirements for filing criminal charges under paragraph (2), the Chairperson of the Board of Audit and Inspection of Korea, the Minister of SMEs and Startups, and the Administrator of the Public Procurement Service may request the Fair Trade Commission to file a criminal charge for other reasons, such as far-reaching social effects, influence on the national finance, and the extent of the damage to small and medium enterprises.
(5) Upon receipt of a request for filing a criminal charge under paragraph (3) or (4), the Fair Trade Commission shall file a criminal charge with the Prosecutor General.
(6) The Fair Trade Commission may not withdraw a criminal charge after a prosecution has been initiated.