'Rotok Lawyer Discipline' Bar Association Wins Lawsuit Against Fair Trade Commission Over 1 Billion KRW Fine Dispute
The Korea Bar Association (KBA), which was fined over 1 billion KRW by the Fair Trade Commission (FTC) for disciplining lawyers who joined the legal service platform Lotoc, won the lawsuit it filed in appeal.
On the afternoon of the 24th, the Administrative Division 3 of the Seoul High Court (Presiding Judges Jeong Jun-young, Kim Hyung-jin, Park Young-wook) ruled in favor of the plaintiffs, the KBA and the Seoul Bar Association (Seoul Bar), in their lawsuit against the FTC seeking cancellation of corrective orders. The court stated, “The claims of the plaintiffs are accepted, and all corrective orders, notification orders, and fines imposed on the plaintiffs by the defendant are canceled,” thereby ruling in favor of the plaintiffs. The court also ordered the defendant to bear the litigation costs.
The appeal process for disputes over FTC sanctions proceeds through a two-tier system involving the Seoul High Court and the Supreme Court.
Previously, in 2021, the KBA amended related regulations to discipline lawyers who use legal service platforms. Subsequently, lawyers who joined Lotoc were notified that if they did not withdraw, they would be referred to the investigation committee. The following year, lawyers registered with Lotoc were disciplined with fines up to 3 million KRW for ‘violating the association’s rules.’ The Seoul Bar also demanded its members withdraw from Lotoc.
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The FTC imposed fines of 1 billion KRW each on the KBA and the Seoul Bar in February last year, issuing corrective orders, stating that their actions excessively restricted lawyers’ business activities. In response, the KBA and the Seoul Bar filed lawsuits in May last year against the FTC seeking cancellation of the corrective orders and applied for suspension of execution.
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