Fair Trade Commission: "Request Disciplinary Action to the Korean Bar Association if Lawyers Leak Trade Secrets"

Korean Bar Association "Disciplinary Action According to the Attorney Act"
MOU on Limited Data Access System between Fair Trade Commission and Korean Bar Association on the 22nd

Jongwook Cho, Chairman of the Korea Fair Trade Commission. (Photo by Korea Fair Trade Commission)

[Asia Economy Reporter Moon Chaeseok] On the 22nd at 3 p.m., the Korea Fair Trade Commission (KFTC) announced that it signed a Memorandum of Understanding (MOU) on the operation of a limited data access system with the Korean Bar Association at the KFTC’s main conference room in the Government Sejong Complex.

The signing ceremony was attended by KFTC Chairman Cho Sung-wook, Vice Chairman Kim Jae-shin, Korean Bar Association President Lee Chan-hee, and Vice President Yeo Woon-guk of the Korean Bar Association.

Since the 3rd of this month, the KFTC has been operating a limited data access system under the "Guidelines for Data Access and Copying."

This system allows only the respondent’s external lawyers to access trade secret materials adopted as evidence during the KFTC’s review process. Lawyers who view the materials must not disclose the trade secrets to anyone.

On this day, the KFTC and the Korean Bar Association agreed to actively cooperate in good faith to ensure understanding and compliance with lawyers’ confidentiality obligations. The two organizations will establish and operate a consultative body to continuously discuss and coordinate the implementation of the agreement.

If a lawyer who accessed trade secrets in the limited data access room discloses them, the KFTC Chairman may request disciplinary action against the lawyer from the Korean Bar Association. KFTC officials are prohibited from contacting the lawyer for five years. The Korean Bar Association will discipline lawyers who violate their obligations according to the Attorney-at-Law Act.

Chairman Cho said, "While protecting confidentiality to prevent the leakage of trade secret materials submitted by those cooperating with KFTC investigations, access to evidence materials will be expanded to ensure companies’ right to defense."

Meanwhile, attendees held a plaque unveiling ceremony at the limited data access room located opposite the KFTC’s adjudication room. This is a place where the respondent’s external lawyers authorized by the KFTC can enter and view materials.

The materials will be provided in electronic file form via PCs disconnected from the network or as printed copies. Electronic devices such as laptops and mobile phones are prohibited. Two or more KFTC officials will always be present to supervise the viewing process.

This content was produced with the assistance of AI translation services.