(1) The Fair Trade Commission shall determine whether to commence the procedures for a consent decree, in overall consideration of the necessity of a prompt measure, the necessity of direct compensation for consumer damage, and other relevant matters.
(2) The Fair Trade Commission shall provide interested parties, including a person who has filed a report, an opportunity to present their opinions either by giving notice of the following matters or by posting, etc. them in the Official Gazette or on its website for a fixed period of at least 30 days before adopting a consent decree:
1. Outline of the relevant act;
2. Provisions of the relevant statutes or regulations;
3. The correction scheme (or the correction scheme amended pursuant to the latter part, with the exception of the subparagraphs, of Article 89(3));
4. Other information that helps the understanding of interested parties including a person who has filed a report in relation to the relevant act; provided, information related to business secrete or privacy protection, or otherwise not suitable for public disclosure shall be excluded herefrom.
(3) The Fair Trade Commission shall notify the heads of the relevant administrative agencies of the matters specified in the subparagraphs of paragraph (2) and seek their opinions; provided, it shall consult with the Prosecutor General for acts to which Article 124 through 127 shall apply.
(4) The Fair Trade Commission shall adopt or revoke a consent decree after deliberation and resolution at a meeting classified under Article 59.
(5) An applicant issued with a consent decree shall submit its plan to implement the consent decree and the outcomes of implementation to the Fair Trade Commission in accordance with the resolution under paragraph (4).
(6) The Fair Trade Commission may check whether the implementation plan submitted pursuant to paragraph (5) has been actually implemented, and may require an applicant issued with a consent decree to submit materials related to the implementation thereof.
(7) The Fair Trade Commission may entrust the Mediation Agency or the Korea Consumer Agency under Article 33 of the Framework Act on Consumers (hereinafter referred to as the "Consumer Agency") with the affairs concerning the implementation management of a consent decree, such as checking whether the implementation plan has been actually implemented pursuant to paragraph (6), as prescribed by Presidential Decree.
(8) The head of an agency entrusted with affairs under paragraph (7) shall report the current status of the implementation management with respect to the plan to implement the consent decree and the outcomes of implementation, which are submitted by the applicant pursuant to paragraph (5), to the Fair Trade Commission on a quarterly basis; provided, upon receipt of a request to report the current status by the Fair Trade Commission, the head shall immediately comply with such request.
(9) Where the applicant issued with a consent decree neglects, or fails to comply with, the implementation, the head of an agency entrusted with affairs under paragraph (7) shall notify the Fair Trade Commission of such fact without delay.
(10) Where an applicant applies for a consent decree under Article 89(1), the running of the period under Article 80(4) and (5) shall be suspended with respect to the relevant applicant and other parties who undergo deliberation on the same case; provided, the running of the remaining period shall resume from the time specified in any of the following: <Added on Jun. 20, 2023>
1. When the applicant cancels his or her application for a consent decree;
2. When the Fair Trade Commission decides not to commence the procedures for a consent decree;
3. When the Fair Trade Commission decides not to adopt a consent decree;
4. When the implementation of a consent decree is completed;
5. When a consent decree is canceled.
(11) The Fair Trade Commission may determine and publicly notify the methods of filing an application under Article 89(2), the methods of seeking opinions, the procedures for deliberation and resolution, the procedures for entrusting affairs concerning the implementation management with the Mediation Agency or Consumer Agency, and other details. <Amended on Jun. 20, 2023>