단기매매차익 반환 및 불공정거래 조사·신고 등에 관한 규정 — English Edition
These are the Financial Services Commission rules that sit underneath the short-swing profit provisions of the Financial Investment Services and Capital Markets Act, the securities-crime investigation power in Article 427, and the whistleblower reward scheme in Article 435. The Commission last published an English text of them on 18 July 2017. Six amendments have been made since, and two of them changed the regime materially: the advance-disclosure duty for executives’ trading plans arrived in 2024, and the reward scheme was rebuilt in 2024 and again in 2026 — the ten-grade scale abolished, the standard amount set at 30% of the unjust gains, and anonymous reporting allowed. This edition is the current text, with everything that has changed since 2017 highlighted and listed.
| Section | Subject |
|---|---|
| Chapter I | General provisions — purpose, definitions, related statutes |
| Chapter II | Return of short-swing profits; reports of holdings; advance disclosure of trading plans (Articles 9-3 to 9-8, new) |
| Chapter III | Investigation and disposition of securities crimes — warrants, search and seizure, interrogation, criminal complaints |
| Chapter IV | Reports of unfair trading and payment of monetary rewards — eligibility, exclusions, criteria, timing and procedure |
| Chapter V | Supplementary provisions |
| Addendum | Commencement, and the amendment history of the Regulations |
| Annexed Tables 1 and 2 | Criteria for calculating a monetary reward; criteria for a small-sum reward |
| Appendix | Standards for converting trading unit prices and volumes |
| Forms 1 to 15 | The prescribed administrative forms, reset for A4 |
| Annex A | Provision-by-provision comparison with the 2017 official English edition |
The Korean source is the consolidated current text published by the Korea Law Information Center, including the annexed tables and the prescribed forms. The Financial Services Commission’s official English edition of 18 July 2017 was used as the base text and then checked line by line against the Korean; where the two differ, the difference is recorded.
Text that is new or substantively changed since the 2017 official English edition is highlighted, and where the change needs explaining a short editorial note follows the provision. Annexed Tables 1 and 2 and the addendum are new or wholly replaced, so they carry a badge instead of line-by-line highlighting. Annex A lists every change provision by provision, with its date.
Corrections to the 2017 official English are recorded at Annex A, among them the rendering of 무혐의 as “acquittal” (an administrative finding of no case is not a judicial acquittal) and a garbled sentence in Article 26. Two plain errors in the Korean text are corrected silently and recorded there as well, and one apparent cross-reference error in Article 29 (2) is deliberately left as the Korean has it, with a note.
Articles 18 and 21, which make video recording of searches and audio recording of interrogations mandatory, do not enter into force until 5 August 2027. They are included and marked.
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