A1:

1. "Enterprises" are subject to the regulation of the Fair Trade Law. As set forth in Paragraph 1 of Article 2 of the Fair Trade Law, "The term "enterprise" as used in this Act refers to any one of the following: 1) a company, 2) a sole proprietorship or partnership and 3) any other person or organization engaging in transactions through the provision of goods or services." It makes no difference whether an enterprise is a profit-seeking organization or not.
2. It is stipulated in Paragraph 2 of Article 2 of the Fair Trade Law that "A trade association organized by businesses, or any other organization lawfully established to promote the interests of its members is deemed as an enterprise as referred to in this Act." Therefore, besides companies, businesses operated under sole proprietorships or partnerships and individuals or groups engaging in transactions of products or services as stated in Paragraph 1 of the same article, the enterprises referred to in the Fair Trade Law also include trade associations and other organizations lawfully established to promote the interests of their members. Meanwhile, according to Paragraphs 1 and 2 of Article 2 of the Enforcement Rules of the Fair Trade Law, "The term "trade association" in Paragraph 2 of Article 2 of the Law refers to any of the following: Industry associations and chambers of industry organized under the Industrial Association Act; commercial associations, federations of commercial associations, exporter associations, and federations of exporter associations, and chambers of commerce organized under the Commercial Association Act; professional bodies established according to other laws and regulations, such as bar associations, accountant associations, architect associations, doctor associations and technician associations. The other organizations lawfully established to promote the interests of their members described in Paragraph 2 of Article 2 of the Law refer to business organizations, besides those described in the last paragraph, that are established according to the Civil Organizations Act or other relevant laws to enhance their members' benefits."

Relevant article(s) of law: Fair Trade Law, Article 2

A2:

1. Administrative agencies are organs that act externally on behalf of the state or of public juristic persons such as local autonomous organizations. Within its scope of authority, such an agency may act in its own name on behalf of the juristic person of which it is part. It is considered an entity capable of adopting independent action. Whether an administrative agency is considered an enterprise as referred to in Article 2 of this Law depends on whether the agency at issue is exercising public powers or engaging in private economic activity:
1. When an administrative agency is exercising public powers or taking actions under a particular public law as a national administrative entity rather than providing goods and services and engaging in trade, such acts are inconsistent with this Law's defining criteria for an enterprise. In this context, the agency is not considered an "enterprise" as referred to in Article 2.
2. However, when an administrative agency acting in an independent capacity engages in ordinary trading or economic activity under a particular private law, it is governed by the provisions of this Law just like any ordinary privately operated enterprise. It shall be interpreted in this way so as to ensure fair trade and competitive opportunity for its trading counterparts and competitors.
2. When an administrative agency acts according to private law to provide a product or service of economic value or collect a fee for the product or service it provides, whether the demand exists when the product or service is provided, such conduct is subject to the regulation of the Fair Trade Law. Furthermore, if an administrative agency commissions a private or public institution to act according to private law to provide a product or service of economic value, such conduct is also subject to the regulation of the Fair Trade Law whether the demand occurs when the product or service is provided.

Relevant article(s) of law: Fair Trade Law, Article 2

A3:

1. According to Article 2 of the Fair Trade Law, "the term "enterprise" as used in this Law refers to any one of the following: 1) a company, 2) a sole proprietorship or partnership and 3) any other person or organization engaging in transactions through the provision of goods or services." Hence, labor unions can only be considered doers of "transactions" under certain circumstances. If a labor union provides services for remuneration according to the Labor Union Act, it is an enterprise as stated in Article 2 of the Fair Trade Law and therefore subject to the Fair Trade Law.
2. The term "trading counterpart" as used in Article 3 of the Fair Trade Law refers to any supplier or purchaser that engages in or concludes transactions with an enterprise. Therefore, a labor union may be considered to be a "trading counterpart" as used in Article 3 of the Fair Trade Law when it provides services for remuneration. However, there are many patterns of conduct of labor unions. Generalization on the applicability of the Fair Trade Law would be inappropriate. It depends on each individual case.

Relevant article(s) of law: Fair Trade Law, Article 2

A4:

According to Article 2(1) of the Labor Standards Act, a "Worker means a person who is hired by an employer to work for wages." The relations of a worker with an employer may seem like "a transaction of service," yet a worker is an individual in the business organization of the employer who provides a service under the command of the employer in accordance with the corresponding labor contract. In other words, a worker provides a service as instructed by the employer and does not have the liberty to make decisions. There is no independence as in the case of an enterprise and a worker also need not shoulder any management risk. For this reason, a worker cannot be considered to be an "enterprise" as referred to in Article 2 of the Fair Trade Law.

Relevant article(s) of law: Fair Trade Law, Article 2