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NOTICE OF IMPLEMENTATION OF LENIENCY PROGRAM FOR CONFESSORS

Notice of Implementation of Leniency Program

for Confessors

Fair Trade Commission Notice No. 2005-7, Established on April 1, 2005 Fair Trade Commission Notice No. 2006-7, Amended on July 1, 2006 Fair Trade Commission Notice No. 2007-13, Amended on December 27, 2007 Fair Trade Commission Notice No. 2009-9, Amended on May 19, 2009 Fair Trade Commission Notice No. 2009-46, Amended on August 20, 2009 Chapter 1. General Provisions

Article 1 (Purpose) This Notice seeks to define the detailed procedures, etc., of the leniency program for confessors or cooperator in an investigation (hereinafter referred to as "Confessors, Etc.") and establish a standard for corrective action or reduction of penalty within the related scope with regard to the act of violation (hereinafter referred to as "Concerted Act") pursuant to Clause 2, Article 22 (Reduction of Penalty for Confessors, Etc.) and Article 55-3 (Imposition of Penalty) of the law governing the monopoly regulation and fair trade (hereinafter referred to as "Law"), Clause 2, Article 9 (Method for the Estimation of Penalty) (hereinafter referred to as "Enforcement Ordinance") and Article 35 (Standard of Reduction or Exemption for Confessors, Etc.), of its Enforcement Ordinance, and provision in Attached Table 2, Clauses 1 and 3, Article 61 (Standard for the Imposition of Penalty) and Clause 1, Article 19 of the Law. Article 2 (Definition) The terms used in this Notice are defined as follows:

1. "Confessor" refers to the operator who participated in the concerted act but provides the evidence necessary to prove the concerted act in question prior to the launch of investigation by the Fair Trade Commission (hereinafter referred to as "Commission") on the improper concerted act in question.

2. "Cooperator in the Investigation" pertains to the operator who participated in the concerted act in question but provides the evidence necessary to prove the concerted act in question after the launch of investigation by the Commission on the improper concerted act in question.

3. "Concerted Act in Question" refers to the concerted act as the object of confession at the point of time the Confessors, etc., report voluntarily or cooperate in the investigation. "Other Concerted Acts" pertain to concerted acts other than the concerted act in question. Article 3 (Point of Time for the Launch of Investigation by the Committee) In applying the foregoing provisions, the investigation is considered to have been launched when the request for material submittal, verification of factual relationship, demand for appearance, site investigation, etc., are made by the Commission through oral notice or telephonic notice, written notice, etc., to one or more operators regarding the charges of participation in the concerted act in question. If the request for material submittal, etc., as specified in the aforesaid provision is made through written notice, the investigation is considered to have been launched once the Commission sends such Notice.

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Chapter 2. Criteria for Determining the Condition of Leniency, Etc. Article 4 (Evidence Necessary to Prove the Concerted Act) The evidence necessary to prove the improper concerted act specified in each item of Clause 1, Article 35 of the Enforcement Ordinance shall satisfy at least one of the conditions below (the title of provision of law shall be omitted from the text of each provision set forth in this Notice inclusive of, but not limited to, Standard of Reduction or Exemption for Confessors, etc.). For Item 2, however, documents, goods, computer data, communication data, etc. which enable the verification of the contact, gathering, contents, and execution of agreement, etc., among the operators described in the data shall be submitted.

1. Data and/or material that can directly verify the existence of agreement such as document on the agreement, minutes of the meeting, etc., as generated among the operators who participated in the concerted act in question

2. Data and/or material describing the discussion on the initiation of the concerted act or fact of implementation based on the Five Ws, One H format, such as the confirmation, statement, etc., of employees who participated in the concerted act in question The evidence cited above does not impose any limit on the type or form, such as document, voice record, computer file, etc.

Article 4-2 (Collective Application for Leniency) "Practical Relationship of Control" as set forth in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance and Item 3A of the same Clause of the same Article of the Enforcement Ordinance refers to the relationship of the operators satisfying at least one of the following:

1. The operator possesses the share of other operators (including the share owned by the same person or related person of the same person; the same shall apply hereinafter).

2. The operators are not considered to operate independently because an operator practically controls other operators even if he/she does not possess all of the shares of other operators considering the overall circumstances such as the ratio of share possession, perception of the operator in question, existence of dual position for executives, integration of accounting, routine instruction, independent decision on sales condition, etc., and characteristics of the issue in question, except when the operator is recognized to be in a competitive relationship considering the situation of the related market, perception of the competing operator, and activities of the operator in question.

"Requirements Specified by the Fair Trade Commission" as set forth in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance and Item 3A of the same Clause of the same Article of the Enforcement Ordinance mean that there shall be no fact showing that they participated in the concerted act together if the operator providing collective evidence is the corresponding company formed by the partition or sales transfer. -3-

Article 5 (Determining Continued and Faithful Cooperation) "Until the investigation is complete" as specified among the requirements in each item of Clause 1, Article 35 of the Enforcement Ordinance means "until the audit of the Commission is complete." Whether "cooperation was made in good faith and earnest" shall be determined by considering each of the following comprehensively:

1. Whether facts related to the concerted act in question which the Confessors, etc., are aware of were stated without delay

2. Whether all materials and/or data that can be possessed or collected by the Confessors, etc., in relation to the concerted act in question were submitted promptly

3. Whether answers were provided and cooperation was extended promptly at the request of the Commission as necessary to verify the fact

4. Whether executives and employees (including all former executives and employees, if applicable) made their best effort to ensure continued and sincere cooperation in the interview and investigation, etc., with the Commission

5. Whether the evidence or information related to the concerted act was destroyed, manipulated, damaged, or concealed

6. Whether the fact of behavior and application for leniency was disclosed to a third party without the consent of the Commission before the audit report was released Article 6 (Determining the Suspension of the Concerted Act) The "suspension of the improper concerted act in question" as specified among the requirements in each item of Clause 1, Article 35 of the Enforcement Ordinance shall be determined based on whether the agreement on the concerted act no longer exists and by considering the specific contents of agreement, situation, etc., comprehensively if the participating operators reached several agreements. The concerted act shall be discontinued immediately after the application for leniency. If a certain period is designated by the auditor for the purpose of investigation, however, the concerted act shall be discontinued immediately upon the expiration of such period. Article 6-2 (Determining the Existence of Coercion) Whether Item 5, Clause 1, Article 35 of the Enforcement Ordinance can be invoked shall be determined by considering the following comprehensively:

1. Whether any violence or threat was exerted to force other operators to participate in the improper concerted act or prevent them from discontinuing their participation in the improper concerted act against their will

2. Whether pressure was exerted or restriction was imposed such that normal operation becomes impossible in the market to force other operators to participate in the improper concerted act or prevent them from discontinuing their participation in the improper concerted act against their will

Chapter 3. Application for Leniency

Article 7 (Application for Leniency) Anyone who seeks leniency, i.e., exemption from corrective action and penalty reduction, shall submit the application form for leniency (Attached Paper Form. No. 1, hereinafter referred to as "Application") which includes the conditions listed below as a rule to the Cartel Department of the Commission (648, Banpo - ro, Seocho - -4-

gu, Seoul) in accordance with Clause 2, Article 22 of the Law or Article 35 of the Enforcement Ordinance. The application form can be submitted via email (leniency@korea.kr) or fax (02- 2023-4444).

1. Name of Confessors, etc., name and address of the President, business registration number (or resident registration number), and contact information, name/department/contact information of the person who submits the application form

2. Overview of the concerted act participated in by the Confessors, etc.

3. Evidence and list of evidences necessary to prove the concerted act in question

4. Statement that cooperation will be provided in good faith until the audit of the Commission on the concerted act in question is completed

5. Whether the concerted act in question was discontinued If two or more operators intend to provide the evidence collectively (hereinafter referred to as "Collective Application for Penalty Reduction") in accordance with the provision in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance and Item 3A of the same Clause of the same Article of the Enforcement Ordinance, the following shall be additionally stated in or attached to the application form in the foregoing provision:

1. Whether the collective applicants for penalty reduction meet the requirement specified in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance and Item 3A of the same Clause of the same Article of the Enforcement Ordinance

2. Document that can prove the facts in the foregoing provisions

3. Prior right of collective applicants for leniency if they have to be prioritized individually because they do not meet the requirements specified in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance and Item 3A of the same Clause of the same Article of the Enforcement Ordinance

Article 8 (Exception to the Application for Leniency) If the applicant in the foregoing provision needs considerable time to gather evidentiary material/data, or if special circumstances preventing the applicant from submitting the evidentiary material/document at the same time with the application, some required details to be specified in each item of the foregoing provisions can be omitted. In this case, however, the application form shall comply with the provisions specified in Items 1 and 2, Article 7. The applicant shall specify the period necessary for complementation in the case of the foregoing provision.

The complementation period cited in the foregoing provision shall not exceed fifteen (15) days. However, the complementation period can be extended by less than sixty (60) days if the auditor requests for an extension with a notice specifying justifiable reasons such as the long period of time required for the applicant to collect the evidence. Facts related to the overview of the concerted act as stated in the application may be revised during the complementation period specified in Clause 2. Article 8-2 (Oral Application for Leniency) The application for leniency can be made orally in accordance with Article 7 or foregoing provision if there is any reason that makes it difficult for the applicant to apply for leniency in writing with the Commission. In this case, the application for leniency cannot be made telephonically.

If the application for leniency is made according to the foregoing provision, the public servant conducting the investigation shall ask questions orally in relation to each provision in Article 7 and record or videotape the answers and preserve such records or videotapes. -5-

Article 9 (Order of Evidence Provision and Acceptance) In determining whether the applicant is "the first person (or the second person) who provided the evidence necessary to prove the concerted act in question" as specified in Clause 1, Article 35 of the Enforcement Ordinance, the order of evidence provision shall be determined based on the point of time the application for leniency is accepted in accordance with Article 7 or foregoing provisions. If the Confessors, etc., provided the evidence necessary to prove the concerted act through the confirmation or statement, etc., of executives/officials prior to the application for leniency as per Article 7 or foregoing provisions, the application for leniency is considered to have been made at the point of time the evidence is submitted, notwithstanding the foregoing provisions. If the application is made by two or more persons, and the application leniency is not accepted because the application was withdrawn in part and for reasons specified in Article 13 (Revocation of Status Confirmation) and Article 14 (Disapproval of Application for Leniency) and for other reasons, the current applicant shall succeed the application order of the previous applicant.

If two or more operators apply for leniency collectively, the application is not accepted except when the application for leniency is made collectively by specifying the reason corresponding to the provisions stipulated in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance or Item 3A of the same Clause of the same Article of the Enforcement Ordinance. In case of collective application for leniency, the order of acceptance shall be decided according to the following:

1. The same order shall be allocated to the collective applicants for leniency. However, the potential order may be indicated in accordance with Item 3, Clause 2, Article 7.

2. In relation to the acceptance order of the person who submitted the application for leniency after the collective applicants submit theirs, the acceptance order in two different situations shall be indicated together, i.e., when the collective application for leniency with prior order right will be recognized and when it will not be recognized. Article 4 (Determining the Leniency)

Article 10 (Acceptance of Application for Leniency, Etc.) Upon receiving the application form, etc., in accordance with the provisions in Article 7 or 8, the public servant conducting the investigation shall write down the date and order of acceptance on the copy of the application form immediately and affix his/her signature and seal and issue it to the applicant. Upon receiving the oral application for leniency in accordance with Clause 2, Article 8, the public servant conducting the investigation shall generate a separate written form (equivalent to Attached Paper Form No. 1, but some details such as the overview of the concerted act, etc., can be omitted) specifying the overview, acceptance date, and acceptance order of the accepted concerted act, affix his/her signature and seal to it, and issue it. In case the application for leniency is made in accordance with Clause 2, Article 10, the Director of the Cartel Investigation Office shall forward the case to the competent department immediately if it needs to be handled by a department other than the Cartel Investigation Office. The Director of the Cartel Investigation Office or the auditor in charge shall immediately report to the Executive Director with respect to his/her opinion on whether the submitted application and evidentiary data/materials meet the requirement for leniency as specified in Article 35 of the Enforcement Ordinance.

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Article 11 (Confirmation of Status of Confessors, Etc.) The Executive Director shall generate a written form (Attached Paper Form No. 2, hereinafter referred to as "Confirmation") confirming that the applicant meets the qualification of Confessors, etc., as specified in Article 35 of the Enforcement Ordinance, affix his/her signature and seal to it, and issue it to the applicant within fifteen (15) days of acceptance of the application if the submitted evidence meets the requirement for leniency as specified in Article 35 of the Enforcement Ordinance. However, the issuing period may be extended by sixty (60) days or less in case of unavoidable circumstances requiring a long period of time to determine the condition of leniency; in this case, the applicant shall be notified in advance of the fact of and reason for extension. The confirmation cited above shall specify the following:

1. Name of applicant, name and address of the President, business registration number (or residential registration number), and contact information

2. Overview of the concerted act

3. List of submitted evidences

4. Intention and details showing that the applicant meets the qualification of Confessors, etc., in accordance with Clause 1, Article 35 of the Enforcement Ordinance

5. Order of acceptance

6. Intention that the Confessors, etc., should comply with the following requirements: A. Cooperate in good faith and earnest until the audit of the Commission is complete, such as stating all facts related to the improper concerted act and submitting related data/materials, etc.

B. The submitted data/material shall not be fabricated data/material. C. The concerted act shall be discontinued immediately after the application for leniency or completion of the period designated by the auditor, and such discontinued state shall be maintained thereafter.

7. Issues related to the non-disclosure of information such as the identity of the Confessors In the case of application made in accordance with Article 8, the period of confirmation issuance as specified in Article 1 shall start from the completion of complementation of the application for leniency.

If the collective application for leniency meets the requirements set forth in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance and Item 3A of the same Clause of the same Article of the Enforcement Ordinance, the acceptance order specified in Clause 5, Article 5 shall be prepared in the same order.

If the collective application for leniency does not meet the requirements set forth in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance and Item 3 of the same Clause of the same Article of the Enforcement Ordinance, the acceptance order specified in Item 5, Clause 2 shall be prepared according to the order specified in Item 3, Clause 2, Article 7. Article 12 (Effect of Status Confirmation) The confirmation set forth in the foregoing provisions cannot be canceled except under the following cases:

1. Cooperation was not provided in good faith and earnest until the completion of audit of the Commission, such as full statement of facts related to the improper concerted act and submittal of the relevant data/materials.

2. The submitted data/materials were found to have been falsified.

3. The concerted act was not discontinued immediately after the application for leniency or completion of the period designated by the auditor, or the discontinued state of the concerted act is not maintained thereafter.

4. Other operators were found to have been forced to participate in the improper concerted act or prevented from discontinuing their participation in the improper concerted act against their will. The Commission shall not impose more disadvantage than necessary based on the verification through the confirmation of status of Confessors, etc., for the reason specified in Clause 1 of foregoing provision and Article 18 except the reason set forth in Article 13. -7-

Article 13 (Cancellation of Confirmation of Status of Confessors, Etc.) In case any reason for cancellation occurs according to each item in Clause 1, the Executive Director may cancel the confirmation of status of Confessors, etc., in accordance with Clause 1, Article 11 pending the final decision of the Commission.

If the Executive Director cancels the confirmation of status of Confessors, etc., in accordance with the foregoing provisions, he/she shall send to the applicant a written notice specifying the reason.

The accepted evidence shall not be returned even if the confirmation of status is canceled in accordance with Clause 1. However, the penalty may be reduced or exempted if the Confessors, etc., meet the condition set forth in Clause 2, Article 21. Article 14 (Disapproval of Application for Leniency) If the submitted evidence is considered not to meet the conditions set forth in Clause 1, Article 35 of the Enforcement Ordinance by the Executive Director, he/she shall send to the applicant within fifteen (15) days of acceptance of the application a written notice specifying the reason. In this case, the provisions in Clause 1, Article 11 shall be applied.

The written form specified in the foregoing provision shall indicate the following:

1. Fact that the application for leniency does not meet the condition specified in Clause 35 of the Enforcement Ordinance

2. Reason, i.e., the condition for leniency is not met The Executive Director shall not return the submitted document even if the decision is made according to Clause 1. In this case, however, the penalty may be reduced or exempted if the Confessors, etc., meet the conditions set forth in Clause 2, Article 21. The decision specified in Clause 1 shall be made in compliance with the provisions stipulated in Clause 3, Article 11.

Article 15 (Post Hoc Report, Etc.) The auditor, etc., shall prepare a written report providing a full account in relation to the application for leniency and confirmation of status of Confessors, etc., and a separate written report when the Commission audits the incident of the concerted act in question. Such reports shall not be disclosed. If the application is accepted in accordance with Article 7 or Clause 2, Article 8, the auditor, etc., shall send a copy of the related document to the manager in charge of overall matters related to Cartel after the Notice is served as specified in Clause 1, Article 11 or Clause 1 of the foregoing Article.

Chapter 4. Additional Confession in the Investigation Process, Etc. Article 16 (Confession of Other Concerted Acts, Etc.) The Commission may reduce or exempt the corrective action against the concerted act in question if the conditions set forth in Item 4, Clause 1, Article 35 of the Enforcement Ordinance are met. The penalty against the concerted act in question shall be reduced by 20% if the conditions set forth in the foregoing provision are met. However, the following shall apply if the magnitude of other concerted acts is greater than that of the concerted act in question:

1. If the magnitude of other concerted acts is larger than but less than twice that of the concerted act in question, the penalty shall be reduced by 30%.

2. If the magnitude of other concerted acts is more than twice but less than four times that of the concerted act in question, the penalty shall be reduced by 50%.

3. If the magnitude of other concerted acts is more than four times that of the concerted act in question, the penalty shall be exempted.

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The magnitude of the concerted act cited in the aforesaid provision shall be determined by the sales of the related product or service.

If the condition for reduction as specified in Item 1 or 3, Clause 1, Article 35 of the Enforcement Ordinance is met in relation to the concerted act in question before the reduction set forth in Clause 2 is made, the amount of reduction is determined by adding the ratio of reduction set forth in the provision of Clause 2 to the existing ratio of reduction. Article 17 (Confirmation of Status of Confessors, etc., in Relation to Other Concerted Acts) If the aforesaid conditions are met, the Executive Director shall also issue confirmation for the concerted act in question along with confirmation for other concerted acts. For the confirmation specified in the foregoing provision, the Executive Director shall specify the following in writing (Attached Paper Form No. 3), affix his/her signature and seal to it, and issue it along with the confirmation of status for other concerted acts.

1. Details pertaining to the confirmation of status of Confessors, etc., in relation to other concerted acts

2. Degree of reduction or exemption for the concerted act in question

3. Purpose of Article 18 Article 18 (Invalidation of Confirmation of Status for Other Concerted Acts) The confirmation of status for the concerted act in question shall be automatically invalidated if the Executive Director cancels the confirmation of status for other concerted acts in accordance with Article

13. Chapter 5. Supplementary Provisions

Article 19 (Non-Disclosure) The public servant conducting the investigation shall neither use the information such as the identity of the Confessors, etc., reported details, evidence, etc., for purposes other than the handling of the incident in question nor disclose the identity of the Confessors, etc., to a third party other than the public servant related to the incident in question except when required by the provisions stipulated in Clause 2, Article 35 of the Enforcement Ordinance.

The Commission shall write down the aliases of the Confessors, etc., in the audit report and take the necessary measures such as deleting or shading related parts of the attached evidence to prevent the disclosure of identity of the Confessors, etc. The Commission may take action to prevent the disclosure of identity of the Confessors, etc., such as generating separate audit report and resolution concerning the audited person in the process of audit or using a separate audit process if the incident requires the confirmation of status of the Confessors, etc., in accordance with this Notice. The Commission shall take the necessary caution to prevent the disclosure of the identity of the person subject to leniency through media coverage. Notwithstanding the provisions set forth in Clause 1, the Commission may submit the material carrying the identity of the Confessors, etc., to the Court if an Administrative Suit is filed in connection with the incident in question. -9-

Article 20 (Indictment) The Commission shall not file a complaint with the prosecution against the operator who was given the confirmation of status as specified by this Notice except when the concerted act in question meets the condition set forth in Clause 2, Article 71 (Indictment) or the Attorney General requests for indictment with the Commission in accordance with Clause 3 of the same Article.

Article 21 (Relation With Other Notices) IV3C(3) of Notice of the Detailed Standard for the Imposition of Penalty shall not apply if the penalty is reduced in accordance with Article 22-2 of the Law, Article 35 of the Enforcement Ordinance and this Notice. The penalty may be reduced within the range of 20% if the operator who is investigated on charges of participation in the concerted act in relation to matters other than those specified in the aforesaid provisions does not deny the fact of concerted act but provides full cooperation instead in the investigation until the audit of the Commission is completed. Penalty shall be imposed in accordance with the Notice of the Detailed Standard for the Imposition of Penalty if reduced as per Article 35 of the Enforcement Ordinance and this Notice. Chapter 6. Administrative Issues

Article 22 (Period for Review) The period for abolition, revision, etc., shall be until August 20, 2012 considering the change in law or circumstances after this Notice is issued in accordance with the instruction, rule, and regulation on the management (Presidential Order No. 248). Addendum (August 20, 2009)

This Notice shall be effective and valid as of August 21, 2009. Addenda (May 19, 2009)

(Effective Date) This Notice shall be effective and valid as of the date of issuance. (Application) This Notice shall be applied starting with the concerted act as the object of the application for leniency as submitted after this Notice was issued. However, the revised provisions of Clause 2, Article 4, Clause 2, Article 7, Clauses 3~5, Article 9, and Clauses 4~5, Article 11 shall also apply to the improper concerted act for which no resolution is adopted in the Fair Trade Commission until the effective date of the revised provisions even as the confession is made and cooperation is provided in the investigation prior to the effective date of the revised provisions.

Addenda (December 27, 2007)

(Effective Date) This Notice shall be effective and valid as of the date of issuance. -10-

(Application) This Notice shall be applied beginning with the concerted act as the object of the application for penalty reduction as submitted after this Notice is issued. Addenda (July 1, 2006)

(Effective Date) This Notice shall be effective and valid as of the date of issuance. (Application) This Notice shall be applied starting with the concerted act as the object of the application for leniency as submitted after this Notice is issued. Addenda (April 1, 2005)

(Effective Date) This Notice shall be effective and valid as of the date of issuance. (Application) This Notice shall be applied starting with the concerted act that started to be investigated after this Notice is issued.

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Application Form (related to Article 7)

[Attached Paper Form No. 1]

Application for Leniency for Confessors

Applicant

(Fill out the Attached

Paper Form in the

case of collective

application for

penalty reduction)

Name of Operator Business

Registration

No.Name of President

Address

Contact

Telephone No. Mobile

Fax No. Email

Information on the

Actual Reporter

Name Department

Telephone No. Email

Overview of the

Improper

Concerted Act

Fill out the following completely. Write down the details in the Attached Paper. Item of Negotiation

Write down the item such as the product or service as the object of agreement.

Details of Agreement

Specify the details of agreement.

Ex.) Agreed to increase the price by ___% from ____ to ____. Operator Participating

in the Concerted Act

Write down all the operators who participated in the concerted act. Actual Attendee to the

Gathering

Write down the name, company, post, contact info., etc., of the person who actually attended the gathering related to the concerted act. Period of Concerted Act

Write down the time the concerted act began, the period when it continued, and time of completion if the concerted act was completed. Ex.) from Jan. 1, 1999 to Dec. 31, 2006

Time and Venue of

Gathering

Write down without omission the time and venue of the gathering of participants in the concerted act in relation to the concerted act. Ex.) in ______ restaurant in Seoul on October 1, 2006 Method of

Communication/Contact

and Gathering

Write down the method of contact with other operators (e.g., email, telephone, fax, etc.) and method of gathering (e.g., organization of ____ council, regular gathering, etc.) to discuss issues related to the concerted act.

Number of Gatherings

Write down the number of gatherings of those participating in the concerted act.

Ex.) 10 times all in all from _____ to _____, or once a month Implementation of

Agreement and Method

Indicate whether the details of the agreement were implemented and how they were implemented.

Ex.) The reference price table was generated and implemented accordingly, and compliance was monitored regularly; penalty was imposed, and readjustment was made if the reference price table was not observed.

List of

Evidences

I hereby provide the list of evidences necessary to prove the concerted act.

· Material/Data that can prove the agreement directly such as the agreement document, minutes of the meeting where the concerted act was committed, internal documents carrying the results of the agreement

· Statements, confirmation, and other materials describing the facts of discussion on the concerted act or its implementation according to the five Ws, one H format. · Records of email, telephone conversation, incoming and outgoing fax, work detail records, etc., which can prove contact and communication among operators · Records on the gathering venue, credit card receipt that can prove that the gathering took place · Material, internal document, reports, etc., which help compare the business condition before and after the concerted act

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The listed evidence should be attached to this application form. However, the evidence can be additionally submitted later in case of special circumstances (Attached Paper Form can be used). Discontinuation

of Concerted Act

and Related List

of Evidences

Write down why and when you disengaged from the concerted act, such as price restoration, breach of agreement, resumption of trade, etc., and list the evidences necessary to prove such. The listed evidence should be attached to this application form. However, the evidence can be additionally submitted later in case of special circumstances (Attached Paper Form can be used). Complementation

Period

Write down the period necessary for complementation if some facts are omitted here. The complementation period may not exceed 15 days from the submittal of this application form but can be extended by 60 days or less in consultation with the auditor if unavoidable. Required Details

to be Specified in

the Case of

Collective

Application for

Penalty

Reduction

Reason for Collective

Application for Penalty

Reduction

Affiliate that is actually controlled

Corresponding company of the partition or sales transfer Tick the box above, specify the reason, and attach supporting material.

Order of application for

penalty reduction if the

condition of collective

application for penalty

reduction is not met

If the collective applicants for penalty reduction do not meet the condition set forth in Item 1A, Clause 1, Article 35 of the Enforcement Ordinance and Item 3A under the same Clause of the same Article of the Enforcement Ordinance, they will not be assigned the collective order but given the individual order. In this case, write down the order of collective applicants for penalty reduction.

As the operator who participated in the aforesaid concerted act, I hereby pledge to cooperate in good faith and earnest in the investigation until the audit of your Commission is complete and submit this application pursuant to Article 22-2 of the Law governing the monopoly regulation and fair trade, Article 35 of the Enforcement Ordinance of the same law, and Article 4 of the Notice of Implementation of Leniency Program for Confessors. Date:

Applicant: (signature and seal)

Date of Acceptance

Order of Acceptance

I hereby accept the foregoing application.

Cartel Department, Fair Trade Commission (signature and seal) -13-

Confirmation of Status of Confessors, Etc., of the Improper Concerted Act (related to Article 11)

[Attached Paper Form No. 2]

Applicant

Name of

Operator Business

Registration No.Name of

President

Address

Contact

Telephone No. Mobile

Fax No. Email

Overview of the

Improper Concerted

Act

List of Evidences

Date of Acceptance:

Order of Acceptance:

I hereby confirm that the aforesaid applicant has the status (of Confessors/Cooperator in the Investigation) as set forth in Article 22-2 of the Law governing the monopoly regulation and fair trade and Item 1(), Clause 1, Article 35 of the Enforcement Ordinance of the same law.

However, this confirmation may be canceled if the applicant fails to meet the requirements listed below and the applicant was found to have been forced to participate in the improper concerted act or was forcibly prevented from discontinuing his/her participation in the improper concerted act against his/her will.

1. The applicant shall fully cooperate in good faith and earnest until the audit of the Committee is complete including stating all facts related to the concerted act in question and submitting all the relevant materials and data that he/she possesses.

A. The applicant shall state all facts to his/her knowledge without delay, which are related to the concerted act in question.

B. The applicant shall promptly submit all materials and data that he/she possesses or those that he/she can collect in relation to the concerted act in question.

C. The applicant shall respond promptly and cooperate fully at the request of the Commission as necessary for the verification of fact.

D. The applicant shall make his/her best effort to provide continued and sincere cooperation in the interview and investigation, etc., with the official (including former executives and employees, if applicable) of the Commission. E. The applicant shall not destroy, manipulate, damage, or conceal evidence and information related to the concerted act. F. The applicant shall not disclose the fact of concerted act and application for penalty reduction to a third party without the consent of the Commission until the audit report is released.

2. The submitted material shall not be falsified material.

3. The concerted act shall be discontinued immediately after the application for penalty reduction or completion of the period designated by the auditor, and such state of discontinuation shall be maintained thereafter. The Fair Trade Commission shall do its best to ensure the non-disclosure of identity of the applicant. However, the related document may be provided with the information related to the identity deleted or shaded if the auditor requests for its viewing or photocopying and can be submitted as evidence to the Court if an administrative suit is filed. Date:

Fair Trade Commission

Executive Director (signature or seal)

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Confirmation of Status of Confessors, Etc., of Other Improper Concerted Acts (related to Article 17)

[Attached Paper Form No. 3]

Applicant

Name of

Operator Business

Registration

No.Name of

President

Address

Contact

Telephone No. Mobile

Fax No. Email

1. Other Improper Concerted Acts Date of Acceptance of the Application for Penalty Reduction: Order of Acceptance of the Application for Penalty Reduction: Status of Confessors, Etc.: (e.g., Confessors specified in Item 1, Clause 1, Article 35 of the Enforcement Ordinance)

2. Confirmation of Status of Confessors, Etc., in Relation to the Concerted Act in Question I hereby confirm that the aforesaid applicant has the status (of Confessors/Cooperator in the Investigation) in accordance with Item ( ), Clause ( ), Article ( ) of the Notice of Implementation of Leniency Program for Confessors pursuant to the improper concerted act as of _______ in connection to the concerted act in question, considering the fact that he/she meets the condition (of Confessors/Cooperator in the Investigation) as set forth in Article 22-2 of the Law governing the monopoly regulation and fair trade and Item ( ), Clause 1, Article 35 of the Enforcement Ordinance of the same law in connection with the aforesaid incident involving other concerted acts. In addition, please note that the decision of penalty reduction pursuant to this incident will be automatically invalidated if the decision of penalty reduction for the aforesaid other concerted acts is canceled. Date:

Fair Trade Commission

Executive Director (signature or seal)