Fair Trade Commission Secretariat: "The Bar Association's Disciplinary Action Against 'Lotok' Lawyers Violates the Fair Trade Act"…Review Report Sent
Korean Bar Association Revises Regulations in May to Allow Disciplinary Action Against Lawyers Joined with Lotoc
Lotoc Reports Korean Bar Association to Fair Trade Commission in June for Violating 'Prohibited Acts of Business Associations'
[Asia Economy Reporter Joo Sang-don] The Fair Trade Commission Secretariat (equivalent to the prosecution) is reported to have judged that disciplining lawyers who joined the Korean Bar Association's legal service platform 'Lotoc' constitutes a violation of the Fair Trade Act.
According to the legal community on the 29th, the Fair Trade Commission's Cartel Investigation Bureau sent a review report (equivalent to a prosecutor's indictment) containing this content to the Korean Bar Association on the same day.
Earlier in May this year, the Korean Bar Association amended lawyer advertising regulations to allow disciplinary action against lawyers joined with Lotoc. Based on this, the Bar Association initiated disciplinary procedures, including referring lawyers who did not withdraw from Lotoc to a Special Investigation Committee. In June, Lotoc reported the Bar Association to the Fair Trade Commission, claiming that such actions by the Bar Association constitute 'prohibited acts of business associations' under the Fair Trade Act.
The key issue in this case is whether the Korean Bar Association is exempt from sanctions under Article 58 of the Fair Trade Act, which states that "the Fair Trade Act does not apply to legitimate acts performed by business operators or business associations under other laws or orders pursuant to those laws." The Bar Association argues that it is not a business association subject to sanctions under the Fair Trade Act. However, the Fair Trade Commission Secretariat is reported to have judged that the Bar Association is indeed a business association, considering its establishment purpose and objectives.
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Meanwhile, a Fair Trade Commission official stated, "We cannot confirm details regarding individual cases."
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