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  • [기타] Fair Trade Violation Investigation Procedure Act
    • Competent Ministry : Fair Trade Commission
    • Advance Publication of Legislation : 2018-04-23
    • Opinion Submission Deadline : 2018-05-07
Reasons for Proposal

The current 「Monopoly Regulation and Fair Trade Act」 stipulates that the Fair Trade Commission shall determine and publicly notify procedures for handling cases that violate this Act and other necessary matters.
In compliance with such provision, the Rules on Fair Trade Commission Investigation Procedures prescribe the principles of investigations, duty of confidentiality, preparation of recorded statements, and other affairs relevant to investigations. However, it has provoked criticism because matters closely associated with the rights of the people have been prescribed as a Notice and not an Act.
Accordingly, the Amendment aims to prescribe matters concerning Fair Trade Commission investigation procedures, thereby aiming to provide greater protection for the rights of investigatees and contributing to the establishment of a fair market order.

Details

A. Prescribe that a Fair Trade Commission investigation shall be conducted during the regular work hours of the business place of the investigatee, at the location of the business site concerned within the minimum period necessary (Article 5).

B. Prescribe that where the Fair Trade Commission intends to commence an investigation, it shall notify the investigatee of the details thereof in advance and in written form (Article 9).

C. Prescribe that where the Fair Trade Commission intends to hear the opinions of the party concerned, stakeholder, or witness, it shall issue a summons, and after hearing the opinions, prepare a recorded statement (Article 12 and Article 13).

D. Require the Fair Trade Commission to present a custody report in the event that it intends to take materials or articles in custody (Article 15).

E. Prescribe that as a rule, the duration of a Fair Trade Commission investigation shall be not more than the period stated in writing in advance and that when an investigation is concluded, the investigatee shall be notified of details concerning the subsequent handling procedure (Article 20 and Article 21).

F. Allow investigatees to receive assistance from an attorney-at-law and prescribe that the Fair Trade Commission shall appoint safety officers to protect the rights of the parties concerned (Article 22 and Article 24).


Major Provisions

Prescribe the scope of investigations, etc. into cases of violating the Act falling under the jurisdiction of the Fair Trade Commission (Article 6, etc.)

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