Korea Trade Commission

Standing

Anyone who discovers unfair international trade practices and can present concrete information and evidence (within 1 year from the date of the alleged infringement). The Korea Trade Commission may undertake an Ex officio investigation, if necessary, when there is a reasonable suspicion of unfair international trade practices.

Requirements for Application

• Any of the following acts
  • Supply into Korea from overseas, import and/or domestic sale, manufacture domestically and/or export of any goods, etc. which infringe on intellectual property rights such as patent, trademark, copyright, etc..
  • Import or export of any goods, etc. whose marks of origin are false, misleading, damaged, modified or no mark.
  • Import or export of any goods, etc. whose quality is falsely or exaggeratedly stated.
  • Import or export of any goods, etc. which damage Korea's national international credibility such as import or export goods, etc. which are profoundly differently from the details of contracts, and disputes arising therefrom.
• The fact of unfair or illegal practices regarding international trade shall be proved by evidence. Injury to industry does not need to be proved.
• An application for the investigation of unfair international trade practices shall be made within one year from the date of the alleged violation.

Investigation Procedure

• Complaint
  • Where it is considered that unfair international trade practices have occurred, any person may apply for the investigation thereof in writing to the Korea Trade Commission.
• Initiation of Investigation
  • Within 20 days after the complaint, the Korea Trade Commission shall decide whether to initiate an investigation.
• Investigation & Determination
  • The Korea Trade Commission shall conduct the investigation by examining submitted documents, conducting an on-site inspection.
  • The Korea Trade Commission shall complete the investigation within 6 months from the relevant decision date and make judgement on the investigation. The period may be extended twice within the limit of two months.
• Corrective measures & penalties
  • Where the Korea Trade Commission judges that unfair international trade practices exist, the Trade Commission may order the relevant actor to do the following matters.
    • Suspension of imports, exports, sales or manufactures;
    • Ban on the landing and/or abandonment of the goods;
    • Making corrective advertising
    • Publication of violation of the Act, and other necessary measures.
  • The Korea Trade Commission may also impose a penalty surcharge upon the relevant actor, within the range that does not exceed the sum of multiplying the transaction amount by 30/100.
  • Anyone who has an objection to the order of corrective measures or the penalty imposition is allowed to file an objection within 30 days after the day of receiving the notification of the order or the penalty.