Fair Trade Commission Will Not Conduct On-Site Investigations During Deliberation and Resolution Stages... Notification of Case Initiation Also Given to Whistleblowers

'Rules on Case Procedures and Rules on Consent Decision Amendments' Administrative Notice

[Sejong=Asia Economy Reporter Joo Sang-don] From now on, during the Fair Trade Commission's deliberation and resolution stages, investigative officers are prohibited from conducting on-site investigations or hearing statements from the parties involved. Additionally, not only the investigated party but also the whistleblower must be notified of the case initiation.

The Fair Trade Commission announced on the 5th that it has prepared an amendment to the "Rules on the Operation of FTC Meetings and Case Procedures," which includes these provisions, and will issue an administrative notice for 20 days until the 26th.

The amendment to the case procedure rules clarifies the starting date for the statute of limitations on disposition and the right of the respondent to request inspection and copying of materials, specifies the obligation to notify investigation results, and establishes grounds to restrict investigative activities during the deliberation and resolution stages. It also expands the scope of notification recipients for case initiation, rationalizes the statement time and attendance range for plenary and small meetings, and includes provisions to enhance the clarity and efficiency of investigation and deliberation procedures.

Specifically, the "investigation start date," which is the starting point for the statute of limitations, is clearly defined as the "date of receipt of the report" for reported cases, and for cases investigated ex officio by the FTC, it is defined as the earliest date among the "on-site investigation date" or the "date of request for submission of materials." Except for trade secret materials, voluntary report-related materials, and other non-disclosed materials under relevant laws, requests for inspection and copying by the parties involved are permitted. Furthermore, even if the FTC decides not to take action following an investigation, it must notify the parties of the grounds, content, and reasons.

During the deliberation and resolution stages, investigative officers are prohibited from conducting on-site investigations or hearing statements from the parties involved. The scope of notification recipients for case initiation is expanded to include not only the investigated party but also the whistleblower, and the notification methods are diversified to include text messages in addition to the existing written form.

On the same day, the FTC also issued an administrative notice for amendments to the "Rules on the Operation and Procedures of the Consent Decision System." It stipulates that the Korea Fair Trade Mediation Agency and the Korea Consumer Agency are entrusted with the management of consent decision implementation under the Fair Trade Act, clearly defining the implementation management tasks subject to delegation, such as compliance checks and requests for submission of materials. The FTC will provide necessary materials for the delegated tasks upon request from the entrusted agencies and prohibits the use of received materials for purposes other than those intended by the implementation management personnel. The heads of the entrusted agencies must report the status of consent decision implementation management delegated to them to the FTC in writing every quarter.

An FTC official said, "Through this amendment to the case procedure rules, the revised Fair Trade Act, which strengthens the defense rights of respondents, is expected to be smoothly implemented, and clarity and transparency in all stages of case handling, including investigation and deliberation, will be enhanced. Through the amendment of the consent decision rules, it is anticipated that the implementation of consent decisions can be managed more professionally and the effectiveness of the system can be secured through meticulous post-supervision."

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