Requirements for Application
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.
Import or export of any products which infringe on intellectual property rights such as patent, trademark,
Import or export of any products which violate the methods of marking or confirming the origin, such as false,
misleading, damaged or modified marks of origin and no mark.
Other unfair trade practices that threaten to disturb export and import accords such as false or exaggerated
marks of quality, acts of damaging foreign trade credibility, etc..
In order to carry out some corrective measures, the fact of unfair or illegal practices regarding international trade
shall be proved by evidence.
- Injury to industry does not need to be proved.
Determination whether to initiate an investigation (Korea Trade Commission)
- Within 30 days after the complaint, the Korea Trade Commission shall decide whether to initiate an
- When the determination is made to initiate an investigation, the deadline for the determination shall be fixed.
Provisional measures (Korea Trade Commission)
- Any party who is injured or threatened with irreparable injury due to some unfair international trade practices
is allowed to apply for the suspension of the unfair practices in question, or other measures preventing
Suspension or termination of investigation (Korea Trade Commission)
- If a lawsuit or trial related to the practices in question is filed during the investigation period, the investigation
shall be suspended, and the relevant case shall be cleared according to the result of the lawsuit or trial.
If some difficulties in the investigation occur because the complaint is repealed, or the complainant or the
respondent is missing during the investigation period, the investigation can be terminated.
Corrective measures and penalties
- Suspension of imports, exports, sales or manufactures; ban on the landing and/or abandonment of the goods
in question; announcement of correction; publication of violation of the Act, and other necessary measures.
Anyone who doesn’t comply with the order of corrective measures shall be punished by up to three years
imprisonment or up to 30 million won penalty in accordance with Article No. 40 1 & 2 of the Act on the
Investigation of Unfair International Trade Practices and Remedy against Injury to Industry.
- Within the range that does not exceed the sum of multiplying the transaction amount by 2/100.
- In case there is no transaction amount or serious difficulty arises in calculating the transaction amount, the
penalty shall not exceed 500 million won.
- 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.
- The objection shall be cleared within 60 days after being filed. (Extendable for 30 days after the 60 days)