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1.
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What You Need to Know
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On June 16, 2026, the Korea Fair Trade Commission (the “KFTC”) finalized proposed amendments to the Rules on KFTC Meeting Operations and Case Procedures (the “Case Procedure Rules”). The KFTC has initiated a 20-day pre-legislative notice period running from June 17 to July 7, 2026.
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The centerpiece of the amendments is the introduction of a new obligation to notify complainants when an examination report is submitted to a committee or sub-committee, alongside a newly established right for complainants to participate in preliminary opinion-hearing proceedings. These reforms are aimed at strengthening complainants’ procedural rights throughout the case process and improving the transparency and fairness of deliberations.
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Companies participating in KFTC proceedings, whether as complainants or respondents, should take note of these changes update their internal compliance manuals and case-response protocols before the amendments take effect.
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2.
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Background
The Case Procedure Rules govern the full range of KFTC case-processing procedures, outlining the procedural requirements from the preliminary review stage through to a final decision. Under the current Rules, complainants receive notification at four defined stages: (i) initiation of a case investigation, (ii) investigation progress updates, (iii) scheduling of a formal hearing, and (iv) announcement of the case outcome.
Complainants also hold the right to submit opinions during the investigations and hearing phases. However, a significant procedural gap exists: complainants have not historically received a separate notification when an examination report is submitted to a committee meeting, and they have been excluded from the preliminary opinion-hearing proceedings that precede formal deliberation. This gap has drawn criticism for limiting complainants’ access to information and restricting their participation opportunities.
The proposed amendments were drafted against this background to expand participation opportunities and remedy these operational gaps.
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3.
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What the KFTC Proposed
The amendments introduce the following principal changes to the Case Procedure Rules.
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[Key Amendments to the Case Procedure Rules]
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Amendment
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Current Rule
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Proposed Amendment
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Key Effect
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Examination Report Notification
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No notification at Examination Report submission stage (notification given only when a formal hearing is scheduled)
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Complainants are notified simultaneously when the examiner submits a report to the full committee or sub-committee
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Enhanced complainant preparation ahead of the formal hearing
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Complainant Access to Preliminary Opinion-Hearing Proceedings
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Examiner and respondent only
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Basis established for complainants to request proceedings and participate; “examiner” in Articles 29(3) and 30-32 is construed to include the complainant
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Complainant participation in issue-framing is guaranteed
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Cross-Filing Disclosure (Display Advertising Act)
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No cross-filing field
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New field in Form No. 6 requiring disclosure of parallel agency filings
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Facilitates inter-agency coordination
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Unlawful Support Reporting Threshold
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KRW 50 million
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KRW 100 million
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Reduction of unnecessary complaints
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Regulatory Text Update
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Prior organizational structure and statute references
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Updated to reflect current KFTC structure and statute article numbers
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Improved regulatory coherence
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(1)
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New Notification Requirement at Examination Report Submission Stage
A formal basis has been established that requires the examiner to notify the complainant simultaneously when submitting the examination report to the full committee or sub-committee. By adding this to the list of mandatory notification triggers, complainants will be able to monitor the status of proceedings prior to the commencement of formal deliberation, allowing them to respond more proactively to hearings.
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(2)
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Basis Established for Complainant Participation in Preliminary Opinion-Hearing Proceedings
Preliminary opinion-hearing proceedings are a process in which the examiner and the respondent present arguments and organize contested issues before the commissioners prior to formal deliberation. Previously, only the examiner and respondent could participate.
The amendment now dictates that complainants may request the examiner to initiate such proceedings. It also specifies that references to “examiner” in Article 29(3) and Articles 30 through 32 of the Case Procedure Rules are to be construed to include participating complainants. This ensures complainants can participate in pre-deliberation issue-framing and more actively represent their interests.
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(3)
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Cross-Filing Disclosure Field Added to Display Advertising Act Complaint Form
To facilitate better inter-agency coordination, a new item has been added to Form No. 6 for violations of the Display Advertising Act, requiring disclosure of any parallel filings with other government agencies. Specifically, if a complainant has filed a parallel complaint regarding the same violation with another government agency, they must disclose the name of that agency, the filing date, and the current processing status (e.g., received, under investigation, completed, or other).
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(4)
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Unlawful Support Reporting Threshold Raised; Regulatory Text Updated
In Form 4 (the pre-screening checklist for unlawful support complaints), the monetary threshold below which a transaction is presumed unlikely to constitute a violation has been raised from KRW 50 million to KRW 100 million. Furthermore, the definition of the examiner and various statute cross-references throughout the Case Procedure Rules have been updated to accurately reflect the KFTC’s current organizational structure and statute article numbers.
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Why This Matters
The amendments to the Case Procedure Rules carry important implications for companies navigating KFTC investigations and hearings:
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(1)
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Expanded participation rights for complainants
Mandatory notification at the examination report submission stage materially extends the practical preparation window available to complainants before formal deliberation. Additionally, the guaranteed right to participate in preliminary opinion-hearing proceedings enables complainants to influence issue-framing as early as at the pre-deliberation stage. Complainants should consider establishing internal protocols to closely monitor KFTC proceeding timelines.
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(2)
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Respondents must review their strategy for preliminary opinion-hearing proceedings:
Because complainants’ expanded participation rights may increase the overall complexity of these preliminary opinion-hearing proceedings, it is important for respondents to develop their case strategies that anticipate active complainant participation or involvement.
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(3)
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Reduced complaint risk for small-value support transactions:
The increase in the unlawful support reporting threshold (from KRW 50 million to KRW 100 million) means that small-value support transactions that were previously in an uncertain gray zone are now more clearly classified as outside the scope of complaint. This is expected to reduce unnecessary filings of complaints and improve overall administrative efficiency.
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More broadly, these changes highlight the KFTC’s continuing commitment to improving case-processing procedures in accordance with due process principles. Companies are highly encouraged to update their internal compliance manuals and case-response protocols ahead of implementation.
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What to Watch
The KFTC will actively review stakeholder submissions received during the pre-legislative notice period.
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[Korean Version]
