The Fair Trade Commission (FTC) will now notify individuals who report legal violations when the review process for their cases begins. Additionally, whistleblowers can request a 'preliminary opinion hearing' to present their views before formal deliberations commence.
On September 28, the FTC announced the implementation of revised rules regarding the operation of meetings and case procedures.
Under the new regulations, once a review report is submitted to a plenary or subcommittee meeting, the whistleblower will be informed of this development. Previously, whistleblowers were notified of key progress from the start of the case review to the final outcome. This amendment ensures that they are also informed when the FTC's investigative department submits the review report, marking the transition to the formal deliberation stage.
The new rules also establish a basis for whistleblowers to request a preliminary opinion hearing. This hearing allows the examiner and the accused party to present their views to the commissioners and clarify the main issues of the case before formal deliberation.
Previously, only the lead commissioner could initiate this hearing, or it could be requested by the examiner or the accused party. Now, whistleblowers can also request the examiner to conduct this hearing, providing them with an opportunity to present their opinions directly before the formal review.
While past improvements to case procedures primarily focused on strengthening the defense rights of the accused, this change expands the participation rights of whistleblowers. In 2019, the FTC had already enhanced the defense rights of the accused by extending the submission period for their opinions and providing early notification of review dates.
Currently, the FTC notifies whistleblowers of the progress of investigations at regular intervals after the case review begins. This revision goes a step further by ensuring that whistleblowers are informed when their cases are actually presented for deliberation at the commission.
Some adjustments were also made to the reporting forms and related regulations. A new section was added to the report on violations of the Fair Labeling and Advertising Act, allowing for the disclosure of whether the same content has been reported to other agencies.
The preliminary checklist for reporting unfair support practices has also been revised. The threshold for support amounts that are considered difficult to view as violations has been adjusted from 50 million won to 100 million won. The FTC has also updated definitions for examiners and regulations regarding fines, as well as various reporting forms to reflect organizational restructuring and amendments to higher laws.
The FTC stated, 'Whistleblowers will now receive more comprehensive updates on the progress of their cases and have expanded opportunities to express their opinions. We expect that this will strengthen the procedural rights of whistleblowers and enhance the transparency and fairness of FTC decisions.'
* This article has been translated by AI.
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