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Monopoly Regulation and Fair Trade Act — Article 98-2 (Submission and service of documents through electronic data processing system)

독점규제 및 공정거래에 관한 법률 제98조의2

This English translation is based on the Korean text effective 2026-05-12. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Parties and other persons prescribed by Presidential Decree (hereafter in this Article referred to as "parties, etc.") may convert documents necessary for deliberation under this Act and other materials prescribed by Presidential Decree into electronic documents and submit them through an electronic data processing system designated and operated by the Fair Trade Commission (referring to an electronic device equipped with information processing capability by combining hardware, software, database, network, security elements, etc. that allow the preparation, submission, and delivery of electronic documents necessary for deliberation under this Act; hereinafter the same shall apply) through an information and communications network .

(2) The electronic documents submitted pursuant to paragraph (1) shall be deemed to have been received with the details recorded in the electronic data processing system when the parties, etc. who have submitted such documents verify the acceptance number provided by the electronic data processing system through the information and communications network.

(3) The Fair Trade Commission may serve a written resolution, a written decision, and other documents necessary for deliberation under this Act on the parties, etc. with an electronic data processing system and the information and communications network connected thereto; provided, this shall not apply where the parties, etc. do not consent thereto.

(4) Where the Fair Trade Commission serves a document by the method referred to in paragraph (3), it shall enter the relevant document into the electronic data processing system and register it, and notify the parties, etc. of such registration by electronic mail or by other means prescribed by Presidential Decree.

(5) A document served by the means referred to in paragraph (3) shall be deemed to have reached the parties, etc. with the contents recorded in the electronic data processing system when the parties, etc. confirm the electronic documents registered pursuant to paragraph (4); provided, when the document is not confirmed within two weeks (within seven days for documents other than a written resolution and written decision) from the date the fact of registration is notified pursuant to paragraph (4), such document shall be deemed to have reached the parties, etc. on the date two weeks have elapsed from the date the fact of registration is notified.

(6) The period during which a person to whom service or notice is to be made cannot confirm electronic documents due to a failure in the electronic data processing system shall not be included in the period referred to in the proviso of paragraph (5). In such cases, the method of calculating the period during which electronic documents cannot be confirmed shall be prescribed by Presidential Decree.[This Article Added on Feb. 6, 2024]

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