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  82. 1997.07.01 시행 · 제05327호 · 제정

DISTRIBUTION INDUSTRY DEVELOPMENT ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.

1/4 · CHAPTER I GENERAL PROVISIONS
  1. CHAPTER I GENERAL PROVISIONS
  2. CHAPTER IV STRENGTHENING OF COMPETITIVENESS OF DISTRIBUTION INDUSTRY
  3. CHAPTER VIII SUPPLEMENTARY PROVISIONS
  4. 부칙

CHAPTER I GENERAL PROVISIONS

Article 1Purpose

The purpose of this Act is to ensure the efficient promotion and balanced development of the distribution industry and establish sound trade practices in commercial transactions, thereby protecting consumers and contributing to the development of the national economy.[This Article Wholly Amended on Jan. 23, 2013]

Article 2Definitions

The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Feb. 3, 2015; Oct. 1, 2025>1. The term "distribution industry" means an industry aimed at the wholesaling and retailing of agricultural products, forest products, livestock products, marine products (including processed goods or cooked marine products), and industrial products, and the storage, delivery, and packaging thereof, and the provision of information and services related thereto;

2. The term "salesroom" means a place for selling commodities and for rendering services involving the sale of commodities. In such cases, the scope of a place where such services are rendered in the salesroom shall be prescribed by Presidential Decree;

3. The term "superstore" means a group of stores salesrooms of which meet the following requirements, which is prescribed in the Appendix:a. It shall be established in one unit or in group within one building or within at least two interlinked buildings that are prescribed by Presidential Decree;b. It shall be continuously run;c. It shall have the total area of at least three thousand square meters;

4. The term "quasi-superstore" means any of the following stores, which is prescribed by Presidential Decree:a. A store directly operated by a company managing a superstore or by its affiliated company (referring to an affiliated company provided for in the Monopoly Regulation and Fair Trade Act);b. A store directly operated by an affiliated company of an enterprise group subject to limitations on mutual investment under the Monopoly Regulation and Fair Trade Act;c. A store operated by a company or an affiliated company under item a or b in the form of chain business under the direct management of the headquarters pursuant to subparagraph 6a and franchise-type chain business pursuant to subparagraph 6b;

5. The term "temporary market" means a certain place where a large number of buyers and sellers trade commodities or provide services for a certain period of time;

6. The term "chain business" means any of the following businesses, which directly operates multiple retail stores in the same field of business (referring to direct operation of stores under their responsibilities and according to their calculations in their own stores or rent stores; hereinafter the same shall apply) or supplies commodities, raw materials, or services to multiple retail stores in the same field of business, while consistently providing management counseling thereto:a. Chain business under the direct management of the headquarters:Chain business where the headquarters mainly operate retail stores directly, while continuously providing commodities and management counseling to certain retail stores which have concluded a franchise agreement (hereafter referred to as "franchise" in this subparagraph);b. Franchise-type chain business:Chain business where the headquarters, which has developed unique commodities, or sales or management technique, determines a store name, sales system, methods of operation of stores or methods of advertising and orders franchises to comply with its decision and counseling;c. Voluntary franchise-type chain business:Chain business where a project to standardize franchise items and operation types, and joint projects, such as group purchase, joint marketing and utilization of common facilities, are conducted through the continuous management counseling provided by the headquarters and cooperation between the headquarters and a franchise;d. Association-type chain business:Chain business where retail stores in the same field of business establish the Small and Medium Enterprise Cooperatives under Article 3 of the Small and Medium Enterprise Cooperatives Act, a cooperative under Article 15 of the Framework Act on Cooperatives, a federation of cooperatives under Article 71 of the same Act, a social cooperative under Article 85 of the same Act, or a federation of social cooperatives under Article 114 of the same Act to conduct projects, such as group purchase, joint marketing, and use of common facilities;

7. The term "shopping mall" means a district densely clustered with wholesale, retail, or service stores on the street or in the underground passage of a certain width the number of which is at least the one determined by Presidential Decree;

8. The term "specialized shopping complex" means a shopping complex which multiple wholesalers or retailers in the same trade created by collectively setting up stores and annexed facilities in a certain area;

9. The term "nonstore sale" means a sale of commodities conducted without setting up any store with continuously-run salesrooms, as determined by Decree of the Ministry of Trade, Industry and Resources;

10. The term "standard distribution code" means such numerics and bar codes as inscribed on the surface of commodities, their packaging, or their packaging containers, or carrying containers in accordance with the standardized system, which are determined by Decree of the Ministry of Trade, Industry and Resources;

11. The term "standard electronic distribution document" means an electronic document as defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions, which are standardized in the distribution sector and determined by Decree of the Ministry of Trade, Industry and Resources;

12. The term "point-of-sale information management system" means a system used to sell commodities, containing information related to the sale, purchase, delivery, etc. of commodities by the automatic optical reading technique;

13. The term "logistics equipment" means goods, machinery, installations, etc. which are used for the transportation, packaging, loading and unloading, and carriage of commodities and other activities involved in processing the logistics information related to the management of such transportation, etc.;

14. The term "wholesale delivery service" means a service in which, by means of collection and delivery facilities, a person engages in the wholesaling of commodities he or she purchases on his or her own account or a person, who obtains permission pursuant to Articles 3 and 29 of the Trucking Transport Business Act, engages in the provision of consigned commodities on commission to wholesalers or retailers;

15. The term "collection and delivery facilities" means machinery, installations, and other related facilities used to support activities related to the collection and delivery of commodities, such as order processing, the management of inventories, transportation, storage, loading and unloading, packaging, and processing, and other information processing activities conducted to organically coordinate and back up those activities;

16. The term "joint collection and delivery center" means a certain area and establishments which are equipped with collection and delivery facilities and incidental facilities thereto to be jointly used by multiple distributors and manufacturers.[This Article Wholly Amended on Jan. 23, 2013][The amended provisions of subparagraph 4 of Article 2 of Act No. 13510 (Nov. 20, 2015) shall be effective until Nov. 23, 2025 under Article 48-2 of that Act.]

Article 3Basic direction-setting for policy measures for distribution industry

For the purposes of achieving the objectives referred to in Article 1, the Government shall devise the following policy measures:

1. Promotion of advancement of distribution structures and the efficiency of distribution functions;

2. Promotion of consumers’ benefits and interest in the distribution industry;

3. Promotion of balanced development of the distribution industry by region;

4. Promotion of balanced development of the distribution industry by sector;

5. Structural improvement, and strengthening of the competitiveness, of small and medium distribution enterprises (referring to small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises which engage in the distribution industry; hereinafter the same shall apply);

6. Enhancement of international competitiveness of the distribution industry;

7. Establishment of sound trade practices in commercial transactions and creation of a fair competition environment in the distribution industry;

8. Other matters necessary to promote the development of the distribution industry.[This Article Wholly Amended on Jan. 23, 2013]

Article 4Exclusion from application

This Act shall not apply to the following: <Amended on Nov. 20, 2015>1. Agricultural and fishery products wholesale markets, joint agricultural and fishery products markets, private agricultural and fishery products wholesale markets, and integrated distribution center for agricultural and fishery products, as stipulated in subparagraphs 2, 5, 6, and 12 of Article 2 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products;

2. Livestock markets, as stipulated in Article 34 of the Livestock Industry Act.[This Article Wholly Amended on Jan. 23, 2013]

CHAPTER II DEVELOPMENT PLAN FOR DISTRIBUTION INDUSTRY, ETC.

Article 5Formulation, implementation of master plans

(1) The Minister of Trade, Industry and Resources shall, for the purpose of developing the distribution industry, work out master plans for the development of the distribution industry (hereinafter referred to as "master plan") every five years after consulting with the head of a relevant central administrative agency and shall implement such master plan. <Amended on Mar. 23, 2013; Oct. 1, 2025>(2) The master plan shall include the following matters:

1. Basic direction-setting for the development of the distribution industry;

2. Possible changes in conditions, whether domestic or international, of the distribution industry;

3. Current status and appraisal of the distribution industry;

4. Programs for development of the distribution industry by region and sector;

5. Programs for promoting efficiency and advancing distribution functions by industry and region;

6. Prospects for changes in the demand for and supply of distribution specialists and construction sites and facilities for distribution;

7. Ways to improve the structures of small and medium distribution enterprises and to sharpen their competitiveness;

8. Ways to maintain the sound trade practices in commercial transactions between superstores, and small and medium distribution enterprises, and small and medium manufacturing enterprises;

9. Other matters necessary to promote development of the distribution industry, such as deregulation and system improvement in the distribution industry.

(3) The Minister of Trade, Industry and Resources may, if deemed necessary to develop a master plan, ask the heads of relevant central administrative agencies to furnish necessary materials. In such cases, the heads of the relevant central administrative agencies shall, upon receiving such request, comply therewith, except in extenuating circumstances. <Amended on Mar. 23, 2013; Oct. 1, 2025>(4) The Minister of Trade, Industry and Resources shall inform the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or the Governor of the Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") of the master plan. <Amended on Mar. 23, 2013; Oct. 1, 2025>[This Article Wholly Amended on Jan. 23, 2013]

Article 6Formulation and implementation of action plan

(1) The Minister of Trade, Industry and Resources shall formulate an action plan annually for the development of the distribution industry (hereinafter referred to as "action plan") according to the master plan after consulting with the head of a relevant central administrative agency. <Amended on Mar. 23, 2013; Oct. 1, 2025>(2) The Minister of Trade, Industry and Resources may, if deemed necessary to formulate an action plan, request the heads of central administrative agencies concerned to furnish necessary materials. In such cases, the heads of relevant central administrative agencies shall, upon receipt of such request, comply therewith the request, except in extenuating circumstances. <Amended on Mar. 23, 2013; Oct. 1, 2025>(3) The Minister of Trade, Industry and Resources and the head of a relevant central administrative agency shall strive to carry out such part of the action plan as may concern the Ministry and agency and to secure the necessary financial resources. <Amended on Mar. 23, 2013; Oct. 1, 2025>(4) The Minister of Trade, Industry and Resources shall notify the Mayors/Do Governors of details of the action plan. <Amended on Mar. 23, 2013; Oct. 1, 2025>[This Article Wholly Amended on Jan. 23, 2013]

Article 7Implementation of action plans by local governments

(1) The Mayor/Do Governor shall develop an action plan by region, in which matters falling under each of the following subparagraphs are contained, in accordance with the master plan and the action plan, and implement such regional action plan. In such cases, the Mayor/Do Governor (excluding a Special Self-Governing City Mayor) shall, in advance, hear the opinions of the head of a Si (including the head of an administrative city referred to in Article 11(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), /Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply): <Amended on Jul. 24. 2015>1. Basic direction-setting for the development of the regional distribution industry;

2. Prospects for circumstantial changes in the regional distribution industry;

3. The current state and assessment of the regional distribution industry;

4. Ways to develop the regional distribution industry by category;

5. Ways to increase the efficiency and sophistication of the regional distribution function;

6. Ways to maintain balance in the supply of and demand for the manpower specializing in the distribution and the sites, facilities, etc.;

7. Ways to improve the structures of the regional small and medium distribution enterprises and to sharpen their competitiveness;

8. Other matters necessary to facilitate the development of the regional distribution industry, including relaxation of regulations on the regional distribution industry, and the institutional improvements in the regional distribution industry.

(2) The head of a relevant central administrative agency may, where he or she deems it necessary for the development of the distribution industry, request the Mayors/Do Governors or the heads of a Si/Gun/Gu to take measures necessary for implementation of the action plan.[This Article Wholly Amended on Jan. 23, 2013]

Article 7-2

Deleted. <Apr. 1, 2009>

Article 7-3

Deleted. <Apr. 1, 2009>

Article 7-4Fact-finding surveys on distribution industry

(1) The Minister of Trade, Industry and Resources may conduct fact-finding surveys on the distribution industry to efficiently develop and implement a master plan, an action plan, etc. <Amended on Mar. 23, 2013; Oct. 1, 2025>(2) Where it is deemed necessary to conduct a fact-finding survey on the distribution industry, the Minister of Trade, Industry and Resources may request the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions, distribution business entities and organizations, etc. related thereto to furnish necessary materials. In such cases, the heads of the relevant central administrative agencies, etc., in the receipt of such request, shall comply with such request, except in extenuating circumstances. <Amended on Mar. 23, 2013; Oct. 1, 2025>(3) Necessary matters such as the scope of fact-finding surveys on the distribution industry shall be prescribed by the Presidential Decree.[This Article Wholly Amended on Jan. 23, 2013]

Article 7-5Distribution industry coexisting development council

(1) A distribution industry coexisting development council (hereinafter referred to as "the council") shall be established under the jurisdiction of the head of a Special Self-Governing City or the head of a Si/Gun/Gu for the consultation on balanced development between superstores and quasi-superstores (hereinafter referred to as "superstore, etc.") and local small and medium distribution companies.

(2) Matters necessary for the composition, operation, etc. of the council shall be prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Mar. 23, 2013; Oct. 1, 2025>[This Article Added on Jan. 23, 2013]

CHAPTER III SUPERSTORES

Article 8Establishment registration of superstores, etc. and registration for modification

(1) A person who intends to open a superstore or a quasi-superstore in any traditional commerce preservation area designated under Article 13-3 shall register with the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu, appending an evaluation report on impacts on commercial districts and a regional cooperation plan, as prescribed by Decree of the Ministry of Trade, Industry and Resources before commencing his or her business. The same shall apply where he or she intends to modify registered matters. <Amended on Mar. 23, 2013; Oct. 1, 2025>(2) Where the head of the Special Self-Governing City or the head of the Si/Gun/Gu deems the evaluation report on impacts on commercial districts or the regional cooperation plan submitted under paragraph (1) insufficient, he or she may request for supplementation specifying the reasons for such judgment within a period prescribed by Presidential Decree from the date of receipt.

(3) When a person intends to file registration for establishment or modification [limited to cases where the location of a store is to be changed or the size of a salesroom is to be increased by at least 1/10 from the salesroom size as at the time of registration for establishment (where registration for modification of salesroom size has previously been made, such registration for modification)] of a superstore, etc. located in any traditional commerce preservation area designated under Article 13-3 in accordance with paragraph (1), the Mayor of the Special Self-Governing City or the head of the Si/Gun/Gu may restrict such registration or attach a condition thereto. <Amended on Mar. 18, 2014>(4) Detailed matters necessary for restrictions on registration, and conditions attached thereto, under paragraph (3) shall be prescribed by ordinance of the local government concerned.

(5) Where an area within a certain distance, specified by Decree of the Ministry of Trade, Industry and Resources, from a superstore the registration of which is filed for establishment or modification is under the jurisdiction of an adjacent Special Self-Governing City or Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply), the Mayor of a relevant Special Self-Governing City or the head of a relevant Si/Gun/Gu shall notify the Mayor of the adjacent Special Self-Governing or the head of the adjacent Si/Gun/Gu that such application for registration of the establishment or modification is filed. <Added on Jan. 6, 2016; Oct. 1, 2025>(6) In receipt of notification of such application under paragraph (5), the Mayor of the adjacent Special Self-Governing City or the head of the adjacent Si/Gun/Gu may offer his or her opinion on such registration for establishment or modification within 20 days from the date of receipt of such notification. <Added on Jan. 6, 2016>(7) When the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu reviews an evaluation report on impacts on commercial districts and a regional cooperation plan submitted pursuant to paragraph (1), he or she shall listen to the council and may require a specialized institution prescribed by Presidential Decree to conduct inspection thereon as necessary. <Added on Jan. 6, 2016>[This Article Wholly Amended on Jan. 23, 2013][The amended provisions of Articles 8(1) and 8(2) pertaining to quasi-superstores, and the amended provisions of Articles 8(3) and 8(4) of Act No. 13510 (Nov. 20, 2015) shall be effective until November 23, 2029 under Article 48-2 of that Act.]

Article 8-2Evaluation of and checkup on details and implementation of regional cooperation plans

(1) A regional cooperation plan referred to in Article 8 may include details regarding collaborative cooperation with local small and medium sized distribution enterprises, the growth of local employment, etc.

(2) The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may check out progress in implementing a regional cooperation plan and recommend improvement when the progress is deemed insufficient.[This Article Added on Jan. 6, 2016][Previous Article 8-2 moved to Article 8-3 <Jan. 6, 2016>]

Article 8-3Advance notice of opening plans for superstores, etc.

A person who intends to open a superstore and a person who intends to open a quasi-superstore shall make advance notice of an opening plan, including store location, opening timing, etc., by not later than 60 days and 30 days, respectively, before commencement of his or her business in accordance with Decree of the Ministry of Trade, Industry and Resources. <Amended on Mar. 23, 2013; Jan. 6, 2016; Oct. 1, 2025>[This Article Added on Jan. 23, 2013][Moved from Article 8-2 <Jan. 6, 2016>]

Article 9Constructive permission and relevant matters

(1) In registering a superstore pursuant to Article 8, the following matters on reporting, designation, registration, or permission (hereafter referred to as "permission, etc." in this Article), on which the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu has already consulted with the heads of administrative agencies relevant to permission, etc., shall be deemed to have obtained relevant permission, etc.: <Amended on Nov. 20, 2015; Jan. 6, 2016; Jan. 17, 2017; Dec. 29, 2020; Feb. 27, 2024; Mar. 10, 2026>1. Reporting on or registration of video product manufacturing business and video product distribution business provided for in the Promotion of the Motion Pictures and Video Products Act, game software manufacturing business, game software distribution business, and game software supply business provided for in the Game Industry Promotion Act, or a sound record and music video manufacturing business and a sound record and music video distribution business provided for in the Music Industry Promotion Act;

2. Designation of retailers under Article 16(1) of the Tobacco Business Act;

3. Permission to engage in or reporting on food manufacturing business, food processing business, food sale business, or restaurant business under Article 37(1) or (4) of the Food Sanitation Act, as prescribed by Presidential Decree;

4. Reporting on the establishment and operation of a collective feeding center under Article 88(1) of the Food Sanitation Act;

5. Reporting on the theme park business under Article 5(4) of the Tourism Promotion Act;

6. Reporting on the establishment of a lifelong educational establishment under the former part of Article 35(2) of the Lifelong Education Act;

7. Reporting on a sports facility business under Article 20 of the Installation and Utilization of Sports Facilities Act;

8. Reporting by a mail order distributor under Article 12(1) of the Act on the Consumer Protection in Electronic Commerce;

9. Registration of performance halls under Article 9(1) of the Public Performance Act;

10. Permission for or reporting on advertisements or bulletin facilities under Article 3 of the Act on the Management of Outdoor Advertisements and Promotion of Outdoor Advertisement Industry;

11. Registration of the foreign exchange service provided for in Article 8 of the Foreign Exchange Transactions Act;

12. Reporting on the succession of a liquor sales business license provide for in Article 9 of the Liquor License Act;

13. Reporting on the business of selling livestock products provided for in Article 24 of the Livestock Products Sanitary Control Act;

14. Permission for or reporting on the installation of the discharge facilities provided for in Article 33 of the Water Environment Conservation Act;

15. Reporting by any waste discharger under Article 17(2)   of the Wastes Control Act;

16. Registration of the opening of any pharmacy provided for in Article 20 of the Pharmaceutical Affairs Act;

17. Registration of the opening of an optician's shop provided for in Article 12 of the Medical Service Technologists Act.

(2) Except as provided in paragraph (1), standards for and effects of legal fiction of permission, etc. shall be governed by Articles 24 through 26 of the Framework Act on Administration (excluding the latter part of Article 24(4) of that Act). <Amended on Mar. 10, 2026>(3) Deleted. <Mar. 10, 2026>[This Article Wholly Amended on Jan. 23, 2013]

Article 10Disqualifications from registration

Any of the following persons shall not be allowed to register a superstore, etc.: <Amended on Nov. 20, 2015>1. A person under adult guardianship or a minor;

2. A person who has been declared bankrupt, and is not yet reinstated;

3. A person who was sentenced to imprisonment with labor for violating this Act and for whom one year has not elapsed since the execution thereof was completed (including where the execution thereof is deemed complete) or since he or she was exempted from such sentence;

4. A person who was sentenced to the suspension of execution of imprisonment with labor for violating this Act and is still under the suspension period;

5. A person whose registration has been revoked pursuant to Article 11(1) (excluding the revocation of registration under subparagraphs (1) and (2)) and for whom one year has not elapsed since the revocation;

6. A corporation whose representative falls under any of subparagraphs 1 through 5 of this paragraph.[This Article Wholly Amended on Jan. 23, 2013]

Article 11Revocation of registration

(1) Where a person who has registered the opening of a superstore under Article 8 (hereinafter referred to as "the operator of a superstore, etc.") falls under any of the following cases, the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu shall revoke the registration. In such cases, the Mayor of the Special Self-Governing City or the head of the Si/Gun/Gu shall inform the head of an administrative agency related to any of the matters falling under the subparagraphs of Article 9(1) of matters concerning the revocation of registration, without delay:

1. Where the operator of a superstore, etc. fails to commence business within one year without good cause. In this case, a period, which is normally required for construction of a superstore, etc., shall not be counted towards such period;

2. Where the operator of a superstore, etc. continues to suspend business for at least one year without good cause;

3. Where the operator of a superstore, etc. falls under any subparagraph of Article 10;

4. Where the operator of a superstore, etc. fails to comply with conditions attached under Article 8(3).

(2) In any of the following cases, paragraph (1) shall not apply until six months have lapsed from the date falling under subparagraph 6 of Article 10 or the date on which succession commences:

1. Where a corporation falls under subparagraph 6 of Article 10;

2. Where an heir, who has inherited the status of the operator of a superstore, etc., falls under any of subparagraphs 1 through 5-1 of Article 10.[This Article Wholly Amended on Jan. 23, 2013]

Article 12Affairs of operators of superstores, etc.

(1) Any operator of a superstore, etc. shall perform the following affairs:

1. Establishment of trade practices in commercial transactions;

2. Maintenance of the safety of consumers and prompt handling of losses and grievances suffered by consumers and residents in the neighborhood;

3. Other affairs necessary to maintain the superstore, etc.

(2) In a superstore, the shops of which have been sold in lots, or in a quasi-superstore registered, any of the following persons (hereinafter referred to as "the manager of a superstore, etc.") shall perform the affairs provided for in the subparagraphs of paragraph (1): <Amended on Oct. 31, 2017>1. Where a person directly runs at least half the area of salesrooms, such person;

2. Where no person runs at least half the area of salesrooms, any of the following persons:a. A corporation established under the Civil Act or the Commercial Act under the agreement by at least 2/3 (the total area of the salesrooms operated by the consenting salesroom occupants shall be at least 1/2 of the total area of all the salesrooms; hereafter in this Chapter the same shall apply) of merchants operating in the relevant superstore or registered quasi-superstore (hereinafter referred to as "salesroom occupants");b. A cooperative (hereinafter referred to as "cooperative") under Article 3(1)1 of the Small and Medium Enterprise Cooperatives Act, or a business cooperative (hereinafter referred to as "business cooperative") under subparagraph 2 of the same paragraph, which is established under the agreement by at least 2/3 of salesroom occupants;c. An autonomous management organization established under the agreement by at least 2/3 of salesroom occupants. In such cases, the organization shall qualify as a corporation, cooperative, or business cooperative prescribed in item a or b within six months;d. Where no person exists who falls under any of items a through c, a person designated under the agreement by at least half of the salesroom occupants. In such cases, such person shall establish a corporation, cooperative, or business cooperative prescribed in item a or b within six months.

(3) The manager of a superstore, etc. shall report thereon to the Mayor of the Special Self-Governing City or the head of a Si/Gun/Gu as prescribed by Decree of the Ministry of Trade, Industry and Resources. The same shall apply to modification of reported matters. <Amended on Mar. 23, 2013; Oct. 31, 2017; Oct. 1, 2025>(4) With regard to a superstore, the shops of which have been sold in lots, or a registered quasi-superstore, matters concerning divided ownership, among obligations falling under the subparagraphs of paragraph (1), shall be governed by the Act on Ownership and Management of Condominium Buildings.

(5) Methods for calculating the number of consenting salesroom occupants prescribed in paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. <Added on Oct. 31, 2017>[This Article Wholly Amended on Jan. 23, 2013]

Article 12-2Restrictions on business hours of superstores

(1) The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may order discount stores (including a store which is established within a superstore and meets the requirements for a discount store) and quasi-superstores to restrict business hours or suspend business, designating a date for compulsory closedown as prescribed in the following subparagraphs, where deemed necessary for the establishment of sound practices in distribution, employees’ health rights, and win-win development for both superstores, etc. and the small and medium distribution industry; provided, the foregoing shall not apply to a superstore, etc. prescribed by ordinance of the local government concerned, in which the sales of agricultural and fishery products under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products account for at least 55 percent of the annual turnover:

1. Restrictions on business hours;

2. Designation of a date for compulsory closedown.

(2) The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may place restriction on business hours from 0 a.m. to 10 a.m. pursuant to paragraph (1)1.

(3) The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu shall designate two days for compulsory closedown each month pursuant to paragraph (1)2. In such case, a day for compulsory closedown shall be designated from among holidays, but it shall be possible to designate a day, which is not a holiday, for compulsory closedown through agreement with interested parties.

(4) Matters necessary for imposing restrictions on business hours and designation of a day for compulsory closedown under paragraphs (1) through (3) shall be prescribed by ordinance of the local government concerned.[This Article Wholly Amended on Jan. 23, 2013]

Article 12-3Management Fees of superstores, etc.

(1) The manager of a superstore, etc. may charge and collect management fees from salesroom occupants to maintain and manage the superstore, etc., and manage the collected fees.

(2) Matters necessary for details of management fees referred to in paragraph (1) shall be prescribed by Presidential Decree.

(3) The manager of a superstore, etc. may pay usage fees, etc. paid by salesroom occupants and prescribed by Presidential Decree to persons who are to receive the relevant usage fees, etc. on behalf of the salesroom occupants, etc.

(4) The manager of a superstore, etc. shall disclose the following details (referring to calculation details by item, excluding imposition details by salesroom) on the website of the relevant superstore, etc. (when there is no website, referring to the management office or bulletin board of the relevant superstore, etc.), as prescribed by Presidential Decree:

1. The management fees referred to in paragraph (1);

2. The usage fees, etc. referred to in paragraph (3);

3. Other matters prescribed by Presidential Decree.

(5) Where the manager of a superstore, etc. concludes a contract for consignment management, construction, service, etc. to maintain and manage the superstore, etc., such contract shall be concluded by the bidding methods prescribed by Presidential Decree, except for the cases prescribed by Presidential Decree in consideration of the nature, scale, etc. of contracts.

(6) Where the manager of a superstore, etc. has concluded a contract pursuant to paragraph (5), he or she shall disclose the relevant written document on the website of the relevant superstore, etc. within one month from the date of concluding such contract. In such cases, the information prescribed in Article 12-4(3)1 shall be excluded therefrom.[This Article Added on Oct. 31, 2017]

Article 12-4Preparation and retention of accounting documents

(1) The manager of a superstore, etc. shall prepare monthly books on all transaction activities, such as billing and receiving fees falling under any subparagraph of Article 12-3(4), managing the amount of collected fees, etc., and retain them for five years from the end of the relevant fiscal year along with their evidential documents.

(2) Where the manager of a superstore, etc. falls under Article 12(2)1, he or she shall perform the accounting prescribed in paragraph (1), separately from his or her own property.

(3) Where any salesroom occupant requests inspecting books or their evidential documents prescribed in paragraph (1) or any other information prescribed by Presidential Decree or making a copy thereof at his or her own expense, the manager of a superstore, etc. shall comply with such request, except for the following information: In such cases, necessary matters concerning methods for inspecting and making copies of documents, etc. may be determined by management regulations:

1. Information that may infringe the privacy or freedom of private life of individuals, such as personally identifiable information prescribed in Article 24 of the Personal Information Protection Act;

2. Information that may cause significant disruption to fair conduct of business if disclosed, being an issue subject to decision-making process or internal review process.[This Article Added on Oct. 31, 2017]

Article 12-5Audit of managers of superstores, etc.

(1) The manager of a superstore, etc. shall undergo audit by an auditor prescribed in Article 3(1) of the Act on External Audit of Stock Companies (hereafter in this Article referred to as "auditor") at least once per year, as prescribed by Presidential Decree; provided, such audit may not be performed in the year in which at least 2/3 of the saleroom occupants agree not to undergo audit in writing.

(2) The manager of the superstore, etc. shall disclose the outcomes of the audit prescribed in paragraph (1) on the website of the relevant superstore, etc. within one month from the date of receipt of the outcomes of the relevant audit.

(3) The manager of the superstore, etc. may request recommendation of an auditor by the Mayor of a Special Self-Governing City, the head of a Si/Gun/Gu, or the Korean Institute of Certified Public Accountants referred to in Article 41 of the Certified Public Accountant Act.

(4) The manager of the superstore, etc. undergoing the audit prescribed in paragraph (1) shall not engage in any of the following conduct:

1. Refusing, obstructing or avoiding an auditors' request for inspecting or copying documents, demand for submitting documents, or examination without just cause;

2. Obstructing the audit in a fraudulent manner, such as submitting false data to the auditor.[This Article Added on Oct. 31, 2017]

Article 12-6Management regulations

(1) The manager of a superstore, etc. shall establish management regulations by acquiring consent of at least 2/3 of the salesroom occupants to provide for matters regarding the management or use of the relevant superstore, etc., and manage the relevant superstore, etc. in accordance with such management regulations.

(2) Matters necessary for the methods for establishing, amending, etc. management regulations shall be prescribed by Presidential Decree.

(3) Where any salesroom occupant requests inspecting or making a copy of the management regulations referred to in paragraph (1), the manager of the superstore, etc. shall comply with such request.

(4) The Mayor/Do Governor shall prepare and disseminate the standard management regulations in order to promote efficient and fair management of superstores, etc. governed by this Act, as prescribed by Presidential Decree.[This Article Added on Oct. 31, 2017]

Article 13Succession to status of operator of superstore, etc.

(1) Any of the following persons shall succeed to the status of the previous operator of a superstore, etc.:

1. Where the operator of a superstore, etc. passes away, his or her heir;

2. Where the operator of a superstore, etc. transfers the superstore, etc. to a third party, the transferee;

3. Where a corporation which has established a superstore, etc. is merged with any other corporation, the corporation surviving the merger or newly established by such merger.

(2) Article 10 shall apply mutatis mutandis to persons who have succeeded to the status under paragraph (1).[This Article Wholly Amended on Jan. 23, 2013]

Article 13-2Reports on suspension or permanent closure of superstores, etc.

When any operator of a superstore, etc. (including a person who has reported under Article 12(3)) intends to suspend or permanently close his or her business, he or she shall report such suspension or permanent closure to the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu as prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Mar. 23, 2013; Oct. 1, 2025>[This Article Wholly Amended on Jan. 23, 2013]

Article 13-3Designation of traditional commerce preservation areas

(1) The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may designate a region prescribed by ordinance of the local government concerned within one km from the boundary of a traditional market or a traditional shopping street prescribed by the Minister of SMEs and Startups pursuant to the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter referred to as "traditional market, etc."), as a traditional commerce preservation area, in order to conserve the tradition and history of the regional distribution industries. <Amended on Jul. 26, 2017>(2) The Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu who intends to designate a traditional commerce preservation area under paragraph (1) may, where a part of an area within one km from the boundary of a traditional market, etc. under his or her jurisdiction belongs to an adjacent Special Self-Governing City or Si/Gun/Gu, request the Mayor of the adjacent Special Self-Governing City or the head of the adjacent Si/Gun/Gu to designate the corresponding part as a traditional commerce preservation area. <Amended on Jan. 6, 2016>(3) Upon receiving a request pursuant to paragraph (2), the Mayor of the adjacent Special Self-Governing City or the head of the Si/Gun/Gu shall designate the corresponding part as a traditional commerce preservation area through consultation with the Mayor of the Special Self-Governing City or the head of the Si/Gun/Gu who has made such request.

(4) Necessary matters concerning the scope, designation procedures, revocation, etc. of designation of traditional commerce preservation areas under paragraphs (1) through (3)   shall be prescribed by ordinance of the local government concerned.[This Article Wholly Amended on Jan. 23, 2013][The amended provisions of Article 13-3 of Act No. 13510 (Nov. 20, 2015) shall be effective until Nov. 23, 2025 under Article 48-2 of that Act.]

Article 13-4Business suspension

In any of the following subparagraphs, the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu may order to suspend his or her business for a fixed period of not more than one month:

1. A person who operates his or her business during the restriction on business hours at least three times within one year, in violation of the order issued under Article 12-2(1)1, or a person who conducts his or her business on a compulsory closedown date, in violation of the order issued under subparagraph 2 of the same paragraph at least three times within one year. In this case, the number of violations of the order issued under Article 12-2(1)1 and the number of violations of the order issued under subparagraph 2 of the same paragraph shall be added up;

2. A person who operates his or her business during a period of business suspension, in violation of the order to suspend the business issued under this Article.[This Article Added on Jan. 23, 2013]

Article 14Opening of temporary markets

(1) Methods for opening temporary markets, standards for facilities thereof, and other matters concerning the operation and management of temporary markets shall be prescribed by municipal ordinance of a Special Self-Governing City or Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply).

(2) The heads of local governments shall systematically nurture and support temporary markets in order to revitalize them.[This Article Wholly Amended on Jan. 23, 2013]