Deals & Cases

Monopoly Regulation and Fair Trade Act advisory
Monopoly Regulation and Fair Trade Act advisoryLegal advisory / Counsel

Fair trade attorney advisory | Fair trade attorney conducts consulting to prevent violations of the Monopoly Regulation and Fair Trade Act

The client who came to the fair trade attorney requested advice from the fair trade attorney in order to prevent in advance any problems arising from a violation of the Monopoly Regulation and Fair Trade Act.

1. The client who came to the fair trade attorney

공정거래변호사

The client who came to the fair trade attorney did so in order to clearly understand the legal sanctions for violations of the Monopoly Regulation and Fair Trade Act and to prevent legal liability from arising.

The circumstances leading the client to the fair trade attorney

The client in this case is an executive of Company A.

Company A recently launched a new business and achieved rapid results.

However, problems concerning price-fixing and unfair transactions with other companies were continually being raised.

In particular, it was judged that some of the company's employees might collect other companies' information through abnormal channels, or that problems might arise in setting prices.

The client wished to minimize the legal risks arising from violating the Monopoly Regulation and Fair Trade Act.

The client, who had been insufficiently mindful of legal sanctions, judged that they might unintentionally violate the law and resolved to take preventive measures.

In order to clearly recognize the legal sanctions for violations of the Monopoly Regulation and Fair Trade Act and to prevent legal liability from arising, the client requested 🔗advice from the fair trade attorney.

2. Statutes related to the case as explained by the fair trade attorney

Monopoly Regulation and Fair Trade Act Article 109 (Liability for Damages)

① Where there is a person who has suffered harm as a result of an enterprise or enterprise organization violating this Act, the enterprise or enterprise organization shall be liable for damages to the relevant injured party.
However, this shall not apply where the enterprise or enterprise organization proves that there was no intent or negligence.

② Notwithstanding paragraph (1), where there is a person who has suffered harm as a result of an enterprise or enterprise organization violating Article 40, Article 48, or Article 51 (1) 1, the enterprise or enterprise organization shall be liable for damages within a range not exceeding three times the harm incurred by that person.
However, where the enterprise or enterprise organization proves that there was no intent or negligence, it shall not be liable for damages, and where an enterprise falls under any of the subparagraphs of Article 44 (1), the amount of such compensation shall not exceed the harm incurred by the person who suffered harm as a result of that enterprise violating Article 40.

3. The fair trade attorney's advisory matters

The fair trade attorney provided advice on the following matters so that the client could clearly understand the 🔗Monopoly Regulation and Fair Trade Act and manage the business smoothly.

Fair Trade Attorney: Analyzing a Company's Operating Methods

The fair trade attorney first conducted a close analysis of the company's current business model and operating methods.

The attorney reviewed whether Company A's transaction practices and pricing policies complied with the Monopoly Regulation and Fair Trade Act.

In this process, several issues were identified, and the attorney provided advisory services so that Company A could minimize legal risk and achieve sustainable growth.

Fair Trade Attorney: Developing a Fair Trade Act Training Program

Under the Monopoly Regulation and Fair Trade Act, there is a possibility of unintentionally violating the law.

Accordingly, an appropriate training policy is also necessary.

The fair trade attorney advised the client to develop a training program on the Monopoly Regulation and Fair Trade Act so that all employees could be trained.

The attorney provided advisory services so that the focus could be placed on raising employee awareness by teaching the basic concepts of fair trade and the applicable legal sanctions.

Fair Trade Attorney: Introducing an Internal Audit System

In order to comply with the Monopoly Regulation and Fair Trade Act, internal audits are necessary in addition to training.

The attorney advised that a regular internal audit system should be established to provide a framework for continuously monitoring compliance with the standards of the Monopoly Regulation and Fair Trade Act.

The attorney provided advisory services so that an audit system tailored to the company could be introduced, taking into account the company's characteristics and the market environment.

4. Results of the Fair Trade Attorney's Consulting

Through the fair trade attorney's consulting, Company A was able to reduce the risk of violating the Monopoly Regulation and Fair Trade Act.

Company A was able to achieve the following results.

▶ Employee awareness of the Monopoly Regulation and Fair Trade Act significantly improved

▶ Unfair trade practices were detected and corrected early through a regular internal audit system

▶ A stable corporate management environment was created

▶ A foundation for sustainable development was laid

If You Need the Help of a Fair Trade Attorney

This case was an example in which a client who received consulting from a fair trade attorney successfully reduced the risk of violating the Monopoly Regulation and Fair Trade Act.

Corporate legal affairs are subdivided into various fields such as management, human resources, taxation, and labor, making them somewhat complex, so it is advantageous to receive the assistance of a specialist attorney.

If, as in the case above, you need the specialized consulting of a fair trade attorney, Daeryun Law Firm is available to assist you at any time.

공정거래변호사 자문 | 공정거래변호사, 공정거래법위반 예방 컨설팅 진행

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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