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Practice Area|Antitrust & Competition

Subcontract Law

The purpose of the Fair Transactions in Subcontracting Act, the most representative law governing special unfair trade acts, is to protect the interests of contracted suppliers, the economically disadvantaged, by preventing the principal business operator from abusing its superior position in the subcontracting process. However, as the interpretations of laws and regulations are still subject to change and the related laws are being amended, timely response to the issue is required. The recent trend of tightening the Fair Transactions in Subcontracting Act and newly emerged issues, including technology takeovers, require constant risk management.

Based on regular interactions with the construction companies and manufacturing companies, Jipyong's Antitrust & Competition Group provides accurate guidelines for contracts to prevent violations of laws.  Upon investigation of KFTC or legal proceeding due to violation of laws, attorneys strive to make successful results through proactive and creative interpretation of laws.

Key Practice Areas Close

    • Providing legal advice on issues related to the Fair Transactions in Subcontracting Act at the contract signing stage
    • Internal investigation and audit on violation of the Fair Transactions in Subcontracting Act
    • Reporting and responding to FTC regarding issues related to the Fair Transactions in Subcontracting Act
    • Responding to mediation by Korea Fair Trade Mediation Agency on issues related to the Fair Transactions in Subcontracting Act
    • Responding to FTC regarding violation of the Fair Transactions in Subcontracting Act
    • Representation of an administrative litigation (disposition of fines and cancellation of corrective orders) related to violation of the Fair Transactions in Subcontracting Act

Experience Close

    • Represented “H” Company, a component manufacturer, in connection with its response to the restrictions imposed by the KFTC.
    • Represented Samkwang Glass in an administrative litigation (won all the cases)
    • Represented KCC Co., Ltd. in its response to the investigation into its alleged breach of the Subcontracting Law (won a decision of free from suspicion and closing of the deliberation procedure)
    • Advised Korean steel company on comprehensive inspection related to Fair Transactions in Subcontracting Act
    • Advised Korean energy company on comprehensive inspection related to Fair Transactions in Subcontracting Act
    • Advised “K” company on comprehensive inspection related to Fair Transactions in Subcontracting Act
    • Advised Korean semi-conductor maker on comprehensive inspection related to Fair Transactions in Subcontracting Act
    • Responding to KFTC’s investigation on Korean heavy industry company’s violation of Fair Transactions in Subcontracting Act
    • Represented “K” company and other companies in dispute settlements process by Korea Fair Trade Mediation Agency related to Fair Transactions in Subcontracting Act
    • Responding to KFTC’s investigation on “H” company’s violation of Fair Transactions in Subcontracting Act
    • KFTC’s investigation into the unfair subcontracting practices by “S” company
    • KFTC’s investigation into the unfair subcontracting practices by a number of construction companies