(1) Any of the following persons (including former or current executive officers and employees) is eligible for full or partial exemption from corrective measures under Article 42 or penalty surcharges under Article 43, and may be exempted from a criminal charge under Article 129:
1. A person who has filed a leniency application concerning illegal cartel conduct;
2. A person who cooperates in the examination, deliberation, and resolution by the Fair Trade Commission in such a manner as providing evidence.
(2) Where a person granted full or partial exemption from corrective measures or penalty surcharges pursuant to paragraph (1) re-violates Article 40(1) within five years from the date of the full or partial exemption, the full or partial exemption under paragraph (1) shall not be granted.
(3) In cases prescribed by Presidential Decree, such as where a person who has been granted full or partial exemption from corrective measures or penalty surcharges pursuant to paragraph (1), makes a statement different from what was stated in the course of the examination in a trial related to the illegal cartel conduct, the full or partial exemption from corrective measures or penalty surcharges under paragraph (1) may be revoked.
(4) Except in cases prescribed by Presidential Decree, such as where it is necessary for handling cases, the Fair Trade Commission and its public officials shall not provide or divulge information and materials related to filing a leniency application or giving a piece of information, such as the identity of a leniency applicant or a person who has cooperated in the examination, deliberation, and resolution by the Fair Trade Commission and details of the piece of information, to any person who is not involved in handling cases.
(5) Detailed matters concerning the scope of persons eligible for full or partial exemption from corrective measures or penalty surcharges under paragraph (1), the criteria for, and degree, etc. of, full or partial exemption, and the prohibition of providing and divulging information and materials under paragraph (4) shall be prescribed by Presidential Decree.