How we handle cases
KFTC's case proceedings involve 2 stages: examination and deliberation
When possible violation of the law is reported or alleged, the competent bureau or regional office launches an examination into the concerned issue. The examination process includes investi gation of relevant documents, taking statements from related parties, consultation with experts, and conducting legal reviews The parties concerned are given opportunities to fully voice their opinions, and confidentiality of any business information acquired during procedure is strictly protected.
If examiner decides legal measures are required, he/she makes an examination report and presents it to the committee. The report is also sent to the examinee, who is given an opportunity to submit any objections or comments on the report.
After the examiner presents the issue before the committee, commissioners review the report and any opinions put forth by the examinee. The examinee is notified of the date, hour and venue of the legal proceedings. The deliberation process involves thorough review of investigation findings in the order of: the examiner's statement, examinee's statement, investigation into evidence, examiner's final opinion, and examinee's final statement. The examinee may express his/her opinion directly or indirectly through an attorney during this process. Through this procedure, the committee makes a final decision as to whether any laws have been violated. If a violation is duly recognized, the KFTC will impose corrective measures such as surcharges or a cease and desist order while referring some cases to the prosecution. The committee decision is composed in the form of a written resolution and sent to the relevant parties.
ReportAllegation from Authority
Case ExaminationNo legal violation → cleared of suspicion Recommendation of correction, and Warning
Committee Deliberation and ResolutionNo legal violation → cleared of suspicion
(cease and desisit order, fines, and Prosecution)Dissatisfaction → appeal filed Direct litigation is possible