The Korea Fair Trade Commission (the “KFTC”) has prepared a draft amendment to the Enforcement Decree of the Monopoly Regulation and Fair Trade Act (the “MRFTA”) (the “Draft Amendment”) to clarify rules for the submission and service of documents, including submissions made through an electronic deliberation system, and has published it for public comment from March 24, 2026 to May 4, 2026 (40 days).
The Draft Amendment is a follow-up measure to the recent revision of Article 98‑2 of the MRFTA — which provides for the submission of deliberation-related documents and materials via an electronic deliberation system and is scheduled to take effect on February 7, 2027 — and its main provisions are as follows:
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1.
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Draft Amendment to Enforcement Decree of MRFTA
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A.
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Scope of Electronic Deliberation System Users and Materials That May Be Submitted (Draft Amendment, Article 83-3)
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Users of the electronic deliberation system: Parties to the case, complainants/reporters and other stakeholders, and any other persons authorized by the KFTC
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Materials that may be submitted: Materials submitted for deliberation in any file format, including audio and video files
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B.
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Method of Notification and Time at Which Notification Takes Effect (Draft Amendment, Article 83-4)
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Method of notification: When the KFTC serves a document through the electronic deliberation system, it will post the document on the system and notify the user of the posting by sending an email to the user’s email address and an SMS or equivalent message to the user’s mobile phone number.
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Time notification takes effect: The notification becomes effective when the email, SMS, or equivalent message is sent.
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C.
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Calculation of Deemed Receipt Period (Draft Amendment, Article 83-5)
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Deemed receipt: If a user does not check the posted document within two weeks from the date the document posting notification was received (seven days for documents other than resolutions and decisions), the document will be deemed to have been received on the day following the expiration of that period.
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Exception for system outages (exclusion from the period): Days during which the posted electronic document cannot be accessed as a result of an electronic deliberation system outage will not be counted toward the deemed receipt period if the outage prevents access for more than one hour per day, or if an outage occurs after 9:00 a.m. on the last day of the relevant period and access is therefore impossible (this exclusion does not apply where the downtime was pre notified for maintenance).
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Implications
If the electronic deliberation system is successfully established, it is expected to enhance the efficiency of KFTC deliberations and improve convenience for companies by reducing the physical costs and time associated with submitting large volumes of documents and materials.
That said, because notification of a posted document will take effect when an email or SMS is transmitted, companies should prepare by rigorously managing the contact details used for service in KFTC proceedings and by implementing internal monitoring processes to ensure service notifications are checked and no delivery records are missed.
The KFTC plans to collect stakeholders’ comments submitted during the public comment period, finalize the Draft Amendment, and move forward with issuing the related official notices.
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[Korean Version]
