• HOME
  • KOREA
  • SITEMAP
  • CONTACT US

Korea Trade Commision : The KTC is a quais-judicial body. The KTC undertakes investig a tions and makes determin ations of injury to Korean industry by imports

    Procedure

  • Anti-dumping Duty

  • Countervaling Duty

  • Sageguard

  • Unfair Trade Practice

  • Law and Decrees

 


Unfair Trade Practice | Procedure


  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

Import or export of any products which infringe on intellectual property rights such as patent, trademark,
  copyright, etc..

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.


  Investigation Procedure

01. Complaint 02. Within 30 Days : Initiation of Investigation 03. Investigation & Determination 04-01. Corrective Measures Including penalties : Infringement on intellectual property rights, Other unfair intemational trade practices that threaten to disturb export and import accords (Korea Trade Commission) 04-02. Recommendation for Corrective Measures : Violation of rules of origin (Korea Trade Commission) 05. Corrective Measures (Including Penalties) : (Minister of Commerce, Industry and Energy)
top

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
    investigation.
  - When the determination is made to initiate an investigation, the deadline for the determination shall be fixed.


top

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
    injuries.


top

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.


top

Corrective measures and penalties
  <Corrective measures>
  - 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.

<Penalties>
  - 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.


top

Objection
  - 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)


top

SEND EMAIL TO WEBMASTER