YOON&YANG
The Korea Fair Trade Commission (KFTC) holds a firm regulatory grasp of the distribution sector by dividing it into sub-sectors based on the sub-sector specific laws such as the Fair Transactions in Franchise Business Act, the Act on Fair Transactions in Large Retail Business, the Fair Agency Transactions Act, and the Act on Door-to-Door Sales. Since each of the sub-sectors involves distinct regulatory aspects and risks, they require specialized advice from professionals with expertise and business acumen. Yoon & Yang’s Antitrust & Competition Practice provides clients with a clear interpretation of those sub-sector specific laws, detailed analysis of decisions rendered by the KFTC and the courts, assessment of business risks involved, and effective management and response measures to minimize potential legal disputes.

Key Services

Fair Transactions in Franchise Business Act

  • Advising clients on registering and disclosing franchise disclosure documents
  • Drafting and reviewing franchise agreements
  • Advising clients on franchiser-franchisee disputes
  • Assessing compliance/risks related to franchise business structures
  • Representing clients in the KFTC investigations related to franchise business and related administrative litigation


 

Act on Fair Transactions in Large Retail Business

  • Advising clients on disputes between large-scale distributors and their suppliers or store operators
  • Assessing compliance/risks related to large-scale distribution
  • Representing clients in the KFTC investigations and litigation related to the Act on Fair Transactions in Large Retail Business


 

Fair Agency Transactions Act

  • Advising clients on disputes between distribution headquarters and individual distributors
  • Assessing compliance/risks of distribution business
  • Representing clients in the KFTC investigations and litigation related to the Fair Agency Transactions Act


 

Act on Door-to-Door Sales

  • Representing clients in the KFTC investigations related to the Act on Door-to-Door Sales
  • Assessing risks related to business structure and sales strategies under the Act on Door-to-Door Sales
  • Advising clients on disputes between multi-level marketers and consumers
  • Representing clients in administrative and criminal litigation related to the KFTC’s investigations


 

Representative Cases

  • Advised Genesis BBQ on its violation of the Fair Transactions in Franchise Business Act
  • Advised Kyochon F&B on the Fair Transactions in Franchise Business Act
  • Advised Idus Korea on the Fair Transactions in Franchise Business Act
  • Represented Korea Franchise Association in an action before the Constitutional Court regarding issues under the Enforcement Decree of the Fair Transactions in
  • Franchise Business Act
  • Advised SPC Group on its franchise business and entry into overseas franchise markets
  • Advised GS Retail on the Act on Fair Transactions in Large Retail Business/the Fair Transactions in Franchise Business Act
  • Advised Korea Seven on the Act on Fair Transactions in Large Retail Business/the Fair Transactions in Franchise Business Act
  • Advised Hyundai Department Store regarding the KFTC’s investigations under the Act on Fair Transactions in Large Retail Business
  • Advised and represented LG Household & Health Care regarding distribution disputes and related litigation
  • Provided E-Land World with ex-ante legal assessment of its distribution transactions
  • Advised Yuhan on distribution transactions
  • Established and implemented compliance programs on behalf of Ace Bed