자료실

커뮤니티

한국소비자의 권익증진과 소비자의 삶의 질 향상에 앞장서겠습니다.

자료실

소비자기본법 영문자료2

작성자
한국소비자협회
작성일
2021-01-21 21:19
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28

thirty days have passed since the date when the application for remedy for damages was filed by the consumer;
2. Where an agreement is made with the consumer to entrust the settlement of the remedy for damages to the Korea Consumer Agency; and

3. Where, otherwise, it is necessary for the Korea Consumer Agency to deal with the remedy for damages, as determined by Presidential Decree.

(4) Where the president receives an application for remedy for damages under paragraph (1) (including entrustment of the remedy for damages under paragraphs (2) and (3); hereafter in this Section, the same shall apply), if its contents are judged unsuitable to be settled by the Korea Consumer Agency, he/she may inform the applicant of the reason and discontinue the settlement of the case.

Article 56 (Notification, etc. of Illegal Facts)

When the president has found in the course of settlement of a case claiming a remedy for damages the fact that the party or interested person violated any Act or subordinate statute, he/she shall notify the agency concerned of such fact and request it to take proper measures: Provided, That this shall not apply to the following cases:

1. When the party of a case claiming a remedy for damages reaches an agreement with respect to compensation of damages and rectifies a violation of an Act or subordinate statute;

2. When an agency concerned recognizes in advance the violating fact of an Act or subordinate statute, and examines.

Article 57 (Recommendation of Agreement)

The president may recommend the parties of an application for rem edy for damages to agree on compensation for damages.

Article 58 (Period of Settlement)

If an agreement as referred to in Article 57 is not reached within thirty days after receiving an application for remedy for damages under Article 55 (1) through (3), the president shall immediately apply for the mediation of the dispute concerned to the Consumer Dispute Mediation Commission provided for in Article 60: Provided, That with respect to the damage remedy application cases that require a considerable time to inquire into the causes of damages, as prescribed by the Presidential Decree, the period of the settlement may be extended up to sixty days.

Article 59 (Discontinuation of Procedure for Remedy for Damages)(1) If one of the parties brings a lawsuit to a competent court during a procedure for settlement of remedy for damages which is taken by the Korea Consumer Agency, he/she shall notify the Korea Consumer Agency thereof.

(2) The Korea Consumer Agency shall, if it becomes aware that the party raised the lawsuit concerned, discontinue without delay the procedure for remedy for damages and notify it to the parties.

SECTION 3 Mediation, etc. of Consumer Disputes

Article 60 (Establishment of Consumer Dispute Mediation Commission)(1) In order to mediate disputes raised between consumers and enter prisers, a Consumer Dispute Mediation Commission (hereinafter referred to as the "Mediation Commission") shall be established in the Korea Consumers Agency.

(2) The Mediation Commission shall deliberate and decide the following matters:

1. Mediation decisions on consumer disputes;

2. Establishment, revision and repeal of the rules on proceedings of the Mediation Commission; and

3. Other matters referred to it by the president for discussion.

(3) Necessary matters concerning operation, mediation procedure, etc. of the Mediation Commission shall be determined by the Presidential Decree.

Article 61 (Composition of Mediation Commission)(1) The Mediation Commission shall be composed of fifty or less members, including a chairperson, of whom two members including the chairperson shall work full-time, and the others, part-time.

(2) Members shall be appointed or commissioned by the Chairperson of the Fair Trade Commission upon the proposition of the president, under the conditions as prescribed by the Presidential Decree, from among the below enumerated persons:

1. Those who are or were in a position equivalent to or higher than associate professor in a college, university or authorized research institution, and have majored in a field related to consumers' rights and interests;

2. Those who are or were in a position of public official of Grade Ⅳ or higher or the equivalent position in a public institution, and have experience of practice in any business relating to consumers' rights and interests;

3. Those who are qualified as judge, public prosecutor or attorney-at-law;

4. Those who are or were in a position of officer at a consumer organization;

5. Those who are or were in a position of officer at an enterpriser or enterpriser organization; and

6. Other those who have extensive learning and experience in any business relating to consumers' rights and interests.

(3) The chairperson shall be appointed by the Chairperson of the Fair Trade Commission from among full-time members.

(4) When the chairperson is unable to perform his/her duties for any unavoidable reason, a full-time member who is not the chairperson shall act for the chairperson, and when such full-time member is unable to perform his/her duties on behalf of the chairperson for any unavoidable reason, a member designated by the Chairperson of the Fair Trade Commission shall act for the chairperson.

(5) The terms of office of members shall be three years, and they may be renewable.

(6) In order to carry out efficiently activities of the Mediation Commission, the expert committees classified by field of activities may be established in the Mediation Commission.

(7) Matters necessary for composition and operation of expert committees as referred to in paragraph (6) shall be determined by the Presidential Decree.

Article 62 (Guarantee of Members' Status)

No member of the Mediation Commission shall be removed from office against his/her will, except falling under any of the following:

1. When he/she is sentenced to the punishment of qualification suspension or a severer one;

2. When he/she is unable to perform his/her duties owing to a physical or mental incompetence or other grounds.

[This Article Wholly Amended by Act No. 10678, May 19, 2011]

Article 63 (Meetings of Mediation Commission)(1) A meeting of the Mediation Commission shall be classified in accordance with the following:

1. Meeting for dispute mediation: It shall be comprised of the chairperson, full-time member, and not less than five but not more than nine members designated by the chairperson at the time of each meeting;

2. Department for mediation: It shall be comprised of the chairperson or full-time member, and not less than two but not more than four members designated by the chairperson at the time of each meeting.

(2) A meeting of the Mediation Commission shall be presided over in accordance with the following:

1. Meeting for dispute mediation: Chairperson;

2. Department for mediation: Chairperson or full-time member.

(3) A meeting of the Mediation Commission shall pass resolutions with the attendance of a majority of the total members and with a concurrent vote of a majority of those present. In such cases, members who represent consumers and enterprisers, equally not less than one, respectively, shall be included in a meeting of the Mediation Commission.

[This Article Wholly Amended by Act No. 10678, May 19, 2011]

Article 63-2 (Details in Charge of Meetings for Dispute Mediation and Department for Mediation)(1) A meeting for dispute mediation shall deliberate on and resolve the following:

1. Mediation with respect to consumers’ dispute of not less than the amount determined by Presidential Decree among consumers’ dispute under Article 60 (2) 1;

2. The establishment, amendment or abolition of the regulations with respect to proceedings of the Mediation Commission under Article 60 (2) 2;

3. Mediation of dispute requested or applied to the Mediation Commission under Article 68 (1);

4. Matters which have been decided to deal with in a meeting for dispute mediation by the department for mediation.

(2) The department for mediation shall deliberate on or resolve matters, other than those referred to in each subparagraph of paragraph (1).

[This Article Newly Inserted by Act No. 10678, May 19, 2011]

Article 64 (Exclusion, Challenge and Evasion of Members)(1) Any member of the Mediation Commission shall be excluded from a deliberation and decision on the dispute mediation case (hereafter in this Article referred to as the "case") brought before the Mediation Commission pursuant to Article 58 or 65 (1) in case falling under any one of the fol lowing subparagraphs:

1. Where he/she or his/her spouse or ex-spouse becomes a party to the case, or has a relation to the case as a person having a joint right or obligation;

2. Where he/she is or was in kinship with a party of the case;

3. Where he/she has given testimony or expert opinion on the case; and

4. Where he/she takes or took part in the case as a representative of a party.

(2) If there exist circumstances under which it is difficult to expect an impartial deliberation and decision from a member, the party may apply for a challenge to the president. In this case, the president shall decide on the application for challenge without a decision from the Mediation Commission.

(3) If a member falls under any cause as referred to in paragraph (1) or (2), he/she may voluntarily refrain from the deliberation and decision of the case.

Article 65 (Mediation of Disputes)(1) If a dispute raised between a consumer and an enterpriser is not settled in an organ established pursuant to Article 16 (1) or no agreement is reached between them complying with the recommendation of agreement as prescribed in Article 28 (1) 5, the parties or the head of the organ or organization concerned may apply for mediation of the dispute to the Mediation Commission.

(2) The Mediation Commission shall, upon receiving an application for dispute mediation under Article 58 or the above paragraph (1), commence without delay the procedure for the dispute mediation, under the conditions as prescribed by the Presidential Decree.

(3) If it is required for the dispute mediation as referred to in paragraph (2), the Mediation Commission may seek any advice of the expert committee concerned under Article 61 (6).

(4) The Mediation Commission may hear the opinions of the interested persons, consumer organizations or agencies concerned, prior to the dispute mediation procedure as referred to in paragraph (2).

(5) The provisions of Article 59 shall be applicable mutatis mutandis with respect to the discontinuance of the dispute mediation procedure.

Article 66 (Term of Dispute Mediation)(1) When the Mediation Commission receives an application for dispute mediation under Article 58 or 65 (1), it shall complete the dispute mediation within thirty days from the date when the application is received.

(2) Notwithstanding the provisions of paragraph (1), in case where it is impossible to complete the dispute mediation within thirty days due to inevitable circumstances, the Mediation Commission may extend the period. In this case, it shall inform the parties and their representatives thereof specifying the reasons therefor and the period.

Article 67 (Effect, etc. of Dispute Mediation)(1) When a dispute mediation is completed under Article 66, the chair person of the Mediation Commission shall promptly notify the parties of the contents thereof.

(2) The parties shall, upon receipt of a notification referred to in para graph (1), inform the Mediation Commission of the acceptance or refusal of the contents of the dispute mediation within fifteen days after receiving such notification. In this case, if they fail to express their intention within the fifteen days, they shall be considered to have accepted the dispute mediation.

(3) If the parties accept or are considered to have accepted the contents of the dispute mediation pursuant to paragraph (2), the Mediation Com mission shall prepare a mediation protocol on which the chairperson of the Mediation Commission and the parties shall write and put their names and signatures: Provided, That if the parties are considered to have accepted the contents of the dispute mediation, it shall not be required to write and put their names and signatures.

(4) If the parties accept or are considered to have accepted the contents of the dispute mediation pursuant to paragraph (2), the contents of the dispute mediation shall have the same effect as a judicial compromise.

Article 68 (Special Cases of Dispute Mediation)(1) Notwithstanding Article 65 (1), with respect to any cases of causing damage to many consumers in the same or similar type, as prescribed by Presidential Decree, the State, a local government, the Korea Consumer Agency, a consumer organization or an enterpriser may make a request or application to the Mediation Commission to mediate the disputes collectively (hereinafter referred to as "collective dispute mediation").

(2) The Mediation Commission may, upon receipt of a request or application for the collective dispute mediation under paragraph (1), commence by its resolution the procedures for the collective dispute mediation under paragraphs (3) and (5) through (7). In such cases, the Mediation Commission shall publicly announce the commencement of the procedures for the period determined by Presidential Decree.

(3) The Mediation Commission may receive an application from a consumer or enterpriser, other than the parties to the collective dispute mediation, to be additionally included in such parties.

(4) Deleted.

(5) If an enterpriser accepts the terms of collective dispute mediation presented by the Mediation Commission, the Mediation Commission may recommend him/her to prepare a compensation plan for consumers who are not parties to the collective dispute mediation but suffered damage and to submit it to the Mediation Commission.

(6) Notwithstanding Article 65 (5), if some of the consumers who are parties to the collective dispute mediation file a lawsuit with a court, the Mediation Commission shall not discontinue its procedures but shall exclude them from the procedures concerned.

(7) Notwithstanding Article 66 (1), the collective dispute mediation shall be finalized within 30 days from the day following the end of public announcement referred to in paragraph (2): Provided, That if the dispute mediation cannot be finalized within the competent period due to inevitable grounds, it is possible to extend the period twice within the limit of 30 days for one, respectively. In such cases, the Mediation Commission shall provide details of the grounds and period and notify the party and its agency thereof.

(8) Necessary matters for the procedures, etc. of the collective dispute mediation shall be prescribed by Presidential Decree.

Article 68-2 (Appointment, etc. of Representative Party)(1) The parties who have a stake in the collective dispute mediation may appoint three or less members among parties as the representative party.

(2) When the parties fail to appoint the representative party under paragraph (1), if deemed necessary, the Mediation Commission may recommend the parties to appoint the representative party.

(3) The representative party may perform any act with respect to the mediation of the relevant case for parties who have appointed him/her. Provided, That as for the withdrawal of mediation application, and acceptance and refusal of mediation proposal, he/she shall receive a written consent from parties by whom he/she has been appointed.

(4) The parties who have appointed the representative party may perform any act only through the representative party with respect to the mediation of the relevant case.

(5) The parties who have appointed the representative party may, if deemed necessary, dismiss or change the representative party. In such cases, the parties shall immediately notify the Mediation Commission of the fact.

[This Article Newly Inserted by Act No. 10678, May 19, 2011]

Article 69 (Applying Mutatis Mutandis Judicial Conciliation of Civil Disputes Act)

With respect to the matters, other than those prescribed in this Act, concerning the operation and mediation procedures of the Mediation Commission, the Judicial Conciliation of Civil Disputes Act shall be applicable mutatis mutandis.

SECTION 4 Consumer Class Action

Article 70 (Objects, etc. of Class Action)

If an enterpriser infringes directly on the rights and interests of consumers relating to their lives, bodies or property in violation of Article 20 and the infringement continues, the organization which falls under any one of the following subparagraphs may file an action with a court to prohibit and suspend the infringement of consumers' rights and interests (hereinafter referred to as the "class action"):

1. A consumer organization which is registered with the Fair Trade Commission pursuant to Article 29 and meets all the requirements provided for in the following items:

(a) An organization which is aimed mainly at the promotion of consumers' rights and interests pursuant to its articles of association;

(b) An organization the number of whose regular members is not less than one thousand; and

(c) An organization for which three years have passed since it was registered pursuant to Article 29;

2. The Korea Chamber of Commerce and Industry under the Chambers of Commerce and Industry Act, the federation of small and medium enterprise cooperatives under the Small and Medium Enterprise Cooperatives Act, and the nationwide economic organization as pre scribed by the Presidential Decree; and

3. A non-profit and non-governmental organization under Article 2 of the Assistance for Non-profit, Non-governmental Organizations Act which meets all the requirements provided for in the following items:

(a) An organization which is requested by fifty or more consumers who suffered legally or factually identical damages to institute a class action;

(b) An organization which has the actual results of activities for the last three or more years according to the purpose of promoting the rights and interests of consumers specified in its articles of association;

(c) An organization the number of whose regular members is not less than five thousand; and

(d) An organization which is registered with a central administrative agency.

Article 71 (Exclusive Jurisdiction)(1) A class action lawsuit shall be under the exclusive jurisdiction of the collegiate panel of a district court having jurisdiction over the place where the defendant's principal office or business place is located, and if the defendant has no principal office and business place, the domicile of the person principally in charge of the defendant's duties is located.

(2) In case where paragraph (1) applies to a foreign enterpriser, the forum shall be determined pursuant to his/her principal office or business place, or the domicile of the person principally in charge of his/her duties, which is located in the Republic of Korea.

Article 72 (Appointment of Attorney)

The plaintiff in a class action shall appoint a lawyer as his/her attorney.

Article 73 (Application for Permission of Action)(1) An organization which seeks to institute a class action shall submit to a court an application for the permission of the action specifying the matters provided for in the following subparagraphs, along with a written complaint:

1. The plaintiff and his/her attorney;

2. The defendant; and

3. The scope of the infringement of consumers' rights and interests by the enterpriser concerned, which requires the prohibition or suspension.

(2) An application for the permission of the class action under para graph (1) shall be accompanied by the materials referred to in the following subparagraphs:

1. Materials proving that the organization which institutes the class action meets the requirements provided for in any subparagraph of Article 70; and

2. Documents requested by the organization which institutes the class action pursuant to Article 74 (1) 3 and the written opinion thereon presented by the enterpriser concerned: Provided, That if the enterpriser gives no response within a period fixed under the said sub paragraph, the enterpriser's written opinion may be omitted.

Article 74 (Requirements, etc. for Permission of Action)(1) A court shall permit a class action, by its ruling, only in cases where all requirements as referred to in the following subparagraphs are met:

1. That there is any public need for permitting such class action in the light of the protection of consumers' rights and interests and the prevention of any damage to them, because the goods, etc. concerned cause or might cause any danger or injury to consumers' lives, bodies or property;

2. That there is no defect in the matters entered in the application for the permission of action under Article 73; and

3. That fourteen days have passed since the organization instituting the action asked the enterpriser concerned, in writing, to prohibit and suspend the infringement of consumers' rights and interests.

(2) An immediate appeal may be raised against the ruling to permit or not to permit the class action.

Article 75 (Effect of Final and Conclusive Judgment)

When a judgment to reject a request made by a plaintiff became final and conclusive, any such other organization as referred to in Article 70 may not a class action with regard to the same matter: Provided, That this shall not apply to a case falling under any one of the following subpara graphs:

1. When a new research result or evidence is found by an institution, which is established by the State or a local government, with respect to the rejected case after the judgment became final and conclusive; and

2. When the judgment of rejection is found to have been caused by any intentional act of the plaintiff.

Article 76 (Application of Civil Procedure Act, etc.)(1) Except as otherwise prescribed in this Act, the class actions shall be governed by the provisions of the Civil Procedure Act.

(2) When a decision to permit a class action is made pursuant to Article 74, the preservative measures provided for in Part Ⅳ of the Civil Execution Act may be taken.

(3) Necessary matters regarding the procedures of class actions shall be prescribed by the Supreme Court Regulations.

CHAPTER IX PROCEDURE, ETC. OF INVESTIGATION

Article 77 (Inspection, Submission of Materials, etc.)(1) The head of a central administrative agency may have any public official under his/her control conduct an inspection on the goods, facilities, manufacturing process and other things of an enterpriser, or order the enterpriser to make a report on his/her business or to submit the goods, documents, etc. concerned, on such terms and conditions as the Presidential Decree may determine in case of any one of the following subparagraphs:

1. Where it is necessary to provide information for consumers pursuant to Article 13;

2. Where it is necessary to handle consumers' complaints and damages pursuant to Article 16 (1); and

3. Where it is necessary to confirm whether the enterpriser has violated this Act.

(2) When there is any reasonable ground to have doubt about the safety of goods, etc., as prescribed by the Presidential Decree, the head of a central administrative agency may have any public official under his/her control enter the places of business and manufacture, warehouses and other storing places, offices, and other similar places of the enterpriser concerned to conduct an inspection, etc. pursuant to paragraph (1).

(3) Any public official who conducts the inspection, etc. under para graph (1) or (2) shall carry with himself/herself a certificate indicating his/her competence, and show it to the persons concerned.

(4) Any public official who is engaged in the duties as prescribed by this Act shall not use the particulars which he/she has learned through the inspection, submitted goods or documents, etc. as referred to in par agraph (1) or (2), for any purpose other than that for enforcing this Act.

(5) The head of a central administrative agency may, if necessary to take policy measures for the promotion of consumers' rights and interests under his/her jurisdiction, request the president to furnish information nec essary for the protection of consumers' rights and interests such as the state of damage and the results of investigation into actual conditions of consumers.

Article 78 (Request, etc. for Provision of Data and Information)(1) A consumer organization or the Korea Consumer Agency may request an enterpriser or enterpriser organization to provide data and information necessary to promote its activities. In this case, the enterpriser or enterpriser organization shall comply with such request unless there exists any justifiable cause.

(2) A consumer organization or the Korea Consumer Agency which makes a request for the provision of data and information pursuant to para graph (1) shall inform the enterpriser or enterpriser organization in advance of the purpose, procedures, etc. for using such data and information.

(3) In making a request for data and information pursuant to para graph (1), the consumer organization shall do so after prior consultation and coordination with the Consumer Information Request Council under Article 79.

(4) The matters relating to the qualifications for consumer organizations which can request data and information pursuant to paragraph (1) and the scope, etc. of the data and information shall be determined by Pres idential Decree.

(5) Data and information with which an enterpriser or enterpriser orgaization provides a consumer organization pursuant to paragraphs (1) through (4) shall not be used for purposes and in procedures other than those notified in advance to the enterpriser or enterpriser organization.

Article 79 (Consumer Information Request Council)(1) A Consumer Information Request Council (hereinafter referred to as the "Council") shall be established in the Korea Consumer Agency to deliberate on and coordinate the following matters relating to a request for the provision of data and information by consumer organizations under Article 78 (1):

1. Matters relating to the scope of and the purpose and procedures for use of data and information requested by consumer organizations; and

2. Other matters as determined by Presidential Decree.

(2) The composition and operation of the Council and other necessary matters shall be determined by Presidential Decree.

CHAPTER X SUPPLEMENTARY PROVISIONS

Article 80 (Corrective Measures, etc.)(1) If an enterpriser violates Article 20, the head of the central administrative agency concerned may order the enterpriser to suspend the act of violation or take other measures necessary for correction.

(2) The head of the central administrative agency may order the enterpriser to make public the fact that he/she received the corrective order pursuant to paragraph (1).

Article 81 (Request, etc. for Corrective Measures)(1) If it is necessary to judge whether an enterpriser has violated Article 20, the State and local governments may request a registered consumer organization or the Korea Consumer Agency to investigate it.

(2) If it is found that an enterpriser has violated Article 20, the Fair Trade Commission may request any proper measures necessary for correction of such violation from the head of the central administrative agency having the control over the goods, etc. concerned.

Article 82 (Hearings)

Where the head of a central administrative agency intends to take mea sures such as orders under Article 30, 50 or 80, he/she shall hold hearings: Provided, That this shall not apply to the case of the proviso of Article 50 (1).

Article 83 (Delegation, Entrustment, etc. of Authority)(1) The head of a central administrative agency may delegate part of his/her authority granted under this Act to the Mayor/ Do governor on such terms and conditions as Presidential Decree may determine.

(2) The head of a central administrative agency may entrust the Korea Consumer Agency with his/her authority under Article 77 (1), in any of the following cases:

1. Where the test, inspection or investigation is requested to the Korea Consumer Agency under Article 17 (2);

2. Where it is deemed necessary for verification of the fact, in settling any remedy for damages case applied for or requested to the Korea Consumer Agency under Article 55 (1) through (3); and

3. Where the President of the Korea Consumer Agency requests that it is necessary for taking measures under Article 52 (2) 1 through 3.

(3) Article 77 (3) and (4) shall be applicable mutatis mutandis to an employee of the Korea Consumer Agency who exercises authority, such as conducting an inspection, etc. under Article 77 (1), upon entrustment by the head of an administrative agency pursuant to paragraph (2).

CHAPTER XI PENAL PROVISIONS

Article 84 (Penal Provisions)(1) Any person who falls under any one of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 50 million won:

1. A person who violates an order issued under Article 50 or 80;

2. A person who uses the particulars which he/she learns through the inspection, etc. for any purpose other than that for enforcing this Act, in violation of Article 77 (4) (including the cases where it applies mutatis mutandis under Article 83 (3));

3. A person who uses the data and information provided for purposes and in procedures other than those designated, in violation of Article 78 (5).

(2) A person who divulges information on dangers and injuries in violation of Article 52 (3) shall be punished by imprisonment for not more than one year or by a fine not exceeding 30 million won.

(3) In cases under paragraph (1), both punishment of imprisonment and a fine may be imposed concurrently.

Article 85 (Joint Penal Provisions)

If the representative of a juristic person, or an agent, employee or worker of a juristic person or individual has committed a violation provided for in Article 84 with regard to the business of the juristic person or individual, not only the violator shall be punished but also the juristic person or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the juristic person or individual has not neglected due attention and supervision with regard to the relevant business in order to prevent such violation.

[This Article Wholly Amended by Act No. 9257, Dec. 26, 2008]

Article 86 (Fine for Negligence)(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 30 million won:

1. Any person who violates Article 20;

2. Any person who uses the same or similar name in violation of Article 37;

3. Any person who fails to make a report on any serious defect in goods, etc. or makes a false report thereon, in violation of Article 47 (1);

4. Any person who refuses, interferes with, or evades the inspection or entry provided for in Article 77 (1) or (2), who fails to make a report on his/her business or makes a false report thereon, or who fails to present related goods, documents, etc. or presents them falsely.

(2) The fine for negligence under paragraph (1) shall be imposed and collected by the head of the central administrative agency or Mayor/Do governor as prescribed by Presidential Decree.

(3) through (6) Deleted.

 

부칙 ADDENDA

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.


(2) (Applicability to Handling Period of Collective Dispute Mediation) The amended provisions of Article 68 (7) shall apply from the first collective dispute mediation requested and applied to the Mediation Commission after this Act enters into force.

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