I am not sure if it's a fair trade act violation… A business partner is pressuring people to stop trading with us

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My husband is a teacher who recently got caught at a drunk driving checkpoint while driving home after drinking after work. His BAC was 0.09%, which is at the license revocation level. I heard teacher drunk driving is treated much more strictly than for ordinary employees — could this one incident make it impossible to stand in the classroom in the future? Will he be dismissed immediately for being caught drunk driving as a teacher?

fair trade act violation

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作者: 박동일

Hello. This is a fair trade act attorney who has handled many fair trade act violation cases.

The matter you asked about may go beyond the scope of simple business competition and could be evaluated as pressure using a position of trade or interference with trade, so it is necessary to review whether it is a fair trade act violation.

In particular, if a competitor exerted pressure on business partners in a manner of "we will give disadvantages if you don't stop trading with them," it may fall under unfair trade practices under the Fair Trade Act (forced trade, refusal to trade, interference with trade, etc.).

However, for a fair trade act violation to be recognized, it must be comprehensively examined whether there was actual influence to the extent of shaking the trade relationship rather than mere words, whether it was repeated, and whether the business partner was in a situation where they could not realistically refuse.

The response usually proceeds in the order of ① securing business partner statements (confirmation letters, etc.) ② securing materials of pressure circumstances such as text messages, emails, recordings ③ organizing whether actual damage occurred such as trade suspension or volume reduction ④ reviewing the possibility of reporting to the Fair Trade Commission or claiming civil damages.

In fair trade act violation cases, if objective evidence is insufficient, the Fair Trade Commission may not recognize illegality and judge it as a simple business dispute between businesses, and the case may be terminated.

Therefore, it is important to systematically organize materials proving pressure circumstances and damage facts from the early stage.