Organizational Structure
Republic of Korea
1. Composition of the Fair Trade Commission
The Fair Trade Commission is composed of a commission, a secretariat,
and four regional offices located in metropolitan cities.
The commission is composed of nine commissioners, including the
chairman. The chairman and vice chairman are appointed by the president
upon recommendation by the prime minister.
Organization Chart of the Fair Trade Commission
2. Operation of the Fair Trade Commission
2.1 Commission
The chairman represents the Fair Trade Commission and oversees and
supervises the public servants belonging to the commission. When the
chairman is unable to carry out his/her duties due to unforeseen
circumstances, the vice chairman acts for the chairman.
The commissioners are nine in all, including the chairman and the vice
chairman. Among them, four are non-standing commissioners. Their term of
office is three years which can be renewed only once.
The meetings of the commission take place in the form of a full
committee or a subcommittee.
The full committee is presided over by the chairman with the
participation of all nine members duly elected and seated. The full
committee deliberates on matters relating to the enactment, revision,
modification, or interpretation of the acts, decrees, and notifications
relating to fair trade. It also reaches judgments regarding cases for
which objections have been filed and deliberates on and reache s
decisions on other related matters. Decisions at the full committee
require the concurrence of a majority of the members duly elected and
seated.
The subcommittee is composed of one standing commissioner and two
non-standing commissioners and its meetings are presided over by each
standing commissioner. The subcommittee deliberates and decides on
ordinary or light cases or matters referred to it by the full committee.
Decisions by the subcommittee require the unanimous consent of all the
members.
2.2 Secretariat
The Secretariat is composed of six bureaus that are in charge of developing
policies and dealing with cases along with the Office of General Counsel
who is responsible for the affairs relating to commission meetings.
The Fair Trade Policy Bureau is responsible for the coordination of
fair trade policies, economic deregulation, and international
cooperation in competition policy. Fair Trade Policy Division
establishes and coordinates basic plans relating to fair trade laws and
policies; research and development of competition policies; promotion of
public relations and inter-ministerial cooperation. Competition an d
Deregulation Division improves anti-competitive laws and policies.
International Affairs Division I establishes international competition
policy; strengthens bilateral cooperation; and reviews international
contracts. International Affairs Division II reinforces cooperation in
competition policy at international organizations such as OECD, WTO,
UNCTAD and etc.
The Bureau of Monopoly Regulation is in charge of matters relating to
the economic concentration among business groups (better known as
chaebol). Monopoly Regulation Policy Division establishes and enforces
policies designed to regulate monopolies and oligopolies; designates
market-dominating enterprises and monitors market power abuse.
Enterprise Group Division establishes and enforces measures desi gned to
alleviate economic concentration; designates top 30 business groups
(enforcement of regulations relating to the ceiling on total amount of
capital investment and on debt guarantees). Merger and Acquisition
Division examines mergers; prohibits the establishment of and conversion
to holding companies. Monopoly Watch Division investigates unfair
in-house trading of enterprise groups and unfair business practices by
public enterprises.
The Bureau of Competition is responsible for regulating unfair business
practices which impede fair trade and undue collaborative acts. Unfair
Trade Practice Regulation Division establishes and enforces measures
designed to promote competition and establish order in the market;
investigating general unfair trade practices. Special Unfair Trade
Practice Regulation Division investigates unfair business practices in
certain areas of trade, including the wholesale and retail businesses,
the service business and the financial business. Cartel Division
investigates undue collaborative acts by enterprises. Trade Association
Division investigates undue collaborative acts or unfair business
practices by trade associations.
The Bureau of Consumer Protection is responsible for regulating
representations, advertisements, and standardized contracts which affect
the everyday lives of consumers. Consumer Protection Planning Division
establishes and enforces consumer protection policies; and examines
representations and advertisements pertaining to manufacturing and real
estate businesses. Advertisement Division examines rep resentations and
advertisements pertaining to the distribution, communications,
financial, and transportation businesses. Contract Terms Division
examines standardized contracts pertaining to the financial, insurance,
distribution, and public businesses. Contract Terms Division II examines
standardized contracts pertaining to the manufacturing, real estate, and
service businesses, such as public facilities, membership clubs, and
etc.
The Bureau of Subcontract is in charge of affairs relating to
subcontract transactions. Subcontract Planning Division establishes and
enforces measures designed to establish fairness in subcontract
transactions. Subcontract Division I investigates subcontract
transactions in the construction-related businesses. Subcontract
Division II investigates subcontracting in the manufacturing, repairing,
and s oftware industries as well as in the sales businesses.
The Bureau of Investigations is in charge of planned investigations.
Investigation Planning Division establishes investigation plans and
gathering information. Investigation Division I, II Investigate certain
business sectors.
The General Counsel is in charge of reviewing the enactment or
revision bills of government acts and decrees with anti-competitive
elements; overseeing matters relating to administrative lawsuits or
reports; and dealing with matters relating to meetings outside the
commission, such as cabinet meetings; and is responsible for the
operation of the meetings at the commission, writing and keeping the min
utes, maintaining order in the proceedings court room, and etc. To
assist the General Counsel, there are Assistant General Counsel,,.
2.3 Regional Offices
The Commission has regional fair trade offices in four metropolitan cities:
Pusan, Kwangju, Taegu, and Taejeon. Each office consists of three divisions.
General Services Division which is responsible for giving legal advice,
promoting education and public relations, and cases pertaining to
collaborative acts; Competition Division which deals with cases relating to
unfair business practices and unfair s ubcontract transactions; and
dvertisements and Premiums Division in charge of cases relating to unfair
representations and advertisements as well as provision of gifts.