Naye Yoon, Prosecutor at the Seoul Central District Prosecutors' Office Fair Trade Investigation Division

Hidden actors divide roles to complete the crime

Strict punishment is necessary to eradicate collusion

Tracking crimes involving

"Cartel practices are often referred to as corporate crimes, but in the end, it is the individual actors hiding behind the corporation who divide up roles and carry out the offense. To break the cycle of collusion, strict criminal punishment for the actual perpetrators must follow. This is the global trend."


Nayehyun Na, a prosecutor in charge of leading investigations into major economic crimes affecting people's livelihoods, such as price-fixing of essential goods like flour, sugar, and starch syrup, as well as cases of abuses of power by large accommodation platforms, at the Fair Trade Investigation Division of the Seoul Central District Prosecutors' Office, expressed her determination to strictly crack down on fair trade law violators. Established in 2015, the Fair Trade Investigation Division is the only specialized department within the prosecution handling fair trade cases. It investigates collusion, unfair trade practices, and numerous related corporate crimes, based on complaints filed by the Fair Trade Commission and its own intelligence gathering.

Nayehyun Na, Prosecutor of the Fair Trade Investigation Division at the Seoul Central District Prosecutors' Office, is being interviewed by The Asia Business Daily. Photo by Dongju Yoon

Nayehyun Na, Prosecutor of the Fair Trade Investigation Division at the Seoul Central District Prosecutors' Office, is being interviewed by The Asia Business Daily. Photo by Dongju Yoon

View original image

◆ Covert Collusion and Destruction of Evidence... "Uncovering the Truth Through Compulsory Investigations"

Cartel crimes are committed with extreme secrecy, with those involved using jargon, arranging only the time and place via Telegram and similar platforms, and hiding the specifics. Prosecutor Na explained, "When a company intentionally refuses or conceals materials for an extended period, the prosecution secures statements and physical evidence from those involved through swift search and seizure operations." She added, "To prevent employees of competing companies from aligning their testimonies during the investigation, multiple interrogation rooms are used to conduct simultaneous inquiries." In actual interrogation rooms, photos of restaurants where participants gathered or handwritten notes are presented to break the silence and reconstruct the facts.


While criminal investigations by the Fair Trade Investigation Division are distinct from the Fair Trade Commission's administrative investigations, Prosecutor Na explained that in cases with numerous parties involved and significant repercussions, it is essential for the prosecution to intervene rapidly to uncover the truth. She added, "We share the evidence obtained through investigations with the Fair Trade Commission to support administrative actions and related lawsuits."


While criminal investigations by the Fair Trade Investigation Division are distinct from the Fair Trade Commission's administrative investigations, Prosecutor Na explained that in cases with numerous parties involved and significant repercussions, it is essential for the prosecution to intervene rapidly to uncover the truth. She added, "We share the evidence obtained through investigations with the Fair Trade Commission to support administrative actions and related lawsuits."


◆ "Increase Low Statutory Sentences and Introduce Regulations for Recovery of Unjust Gains"

Despite pursuing crimes involving tens of trillions of won committed by large corporations, the investigation environment is far from easy. As of April 13, 2026, the Fair Trade Investigation Division consists of only seven prosecutors, including Division Chief Heeseok Na. Prosecutor Na pointed out, "Each company can have dozens of people involved, and the amount of meeting materials and emails to analyze is enormous." She added, "Sometimes, there are more lawyers from law firms at search and seizure sites than investigators. To effectively respond to fair trade law violations, it is urgent to increase personnel and establish a dedicated organization."


She also emphasized the urgent need for institutional improvements. Under the current Fair Trade Act, the maximum sentence for collusion is 'up to three years in prison,' which is significantly lower than in other major countries like the United States (up to 10 years) or Canada (up to 14 years). The introduction of a 'special provision' to recover criminal profits is also urgently needed. Prosecutor Na stressed, "It is necessary to strengthen the criminal response system, including raising the statutory penalties for both imprisonment and fines, to deter individuals from participating in such crimes." She further noted, "As with the Capital Markets Act, where estimated damages are stipulated, a legislative amendment should be swiftly considered to presume a portion of sales as unjust gains when collusion is proven."



Despite the many challenges, there is a clear sense of fulfillment. Prosecutor Na said, "I found it rewarding when we uncovered long-standing cartel structures and stabilized prices," and added, "I will continue to rigorously respond to crimes that undermine market order so as to help improve the lives of the public."


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

© The Asia Business Daily(www.asiae.co.kr). All rights reserved.

Today’s Briefing