법무법인바른 사이트는 IE11이상 혹은 타 브라우저에서
정상적으로 구동되도록 구현되었습니다.

익스플로러 10 이하버전에서는 브라우저 버전 업데이트 혹은
엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.

Baek, Kwang Hyeon Attorney (Partner)

Professionals Introduction

Attorney Back Kwang-hyun is a specialist in fair trade law. With over 18 years of experience since 2007, he has developed expertise across the entire spectrum of fair trade matters, including:
- Unfair joint actions (collusion, cartels)
- Restraint of economic concentration
- Mergers and acquisitions
- Abuse of market dominance
- Unfair trade practices
- Favoritism toward affiliates
- Subcontracting transactions
- Large-scale retail transactions
- Franchise transactions
- Agency transactions
- E-commerce
- Compliance programs

Key Cases
- Handled Korea's first reverse payment settlement case involving Dong-A Pharmaceutical and GSK's unfair joint actions.
- Addressed collusion cases related to the Gyeongin Canal Project, Incheon Metro Line 2, and LNG storage tank construction projects, including related damages claims.
- Managed violations of franchise regulations by TonyMoly and Lotteria.
- Represented clients in e-commerce law violation cases involving Coupang.
- Dealt with violations of large-scale retail transaction laws by Hyundai Department Store, Home & Shopping, and Gongyoung Home Shopping.

Attorney Back joined Barun Law in 2011 after working at the Fair Trade Group of Yoon & Yang LLC (2007–2011). As the team leader of Barun Law's Fair Trade Group II, he actively engages with clients and advocates for fair competition through various initiatives. He runs the YouTube channel "Legal Veteran Baek Kwanghyun", offers annual legal lectures for Miss Korea participants, and conducts corporate training programs. He has published columns in leading media outlets and authored several works, including "Why Movie Theater Popcorn Can Be Expensive", "Let's Live Together, Franchise Businesses", and "Cases and Commentary on the Amended Fair Trade Act".

Education

  • 2015American University, Visiting Scholar
  • 2007Judicial Research and Training Institute of the Supreme Court of Korea (36th)
  • 2005College of Law, Korea University (LL.B.)
  • 2004Passed the Bar Exam (46th), Korea
  • 1995Gyeonggi Anyang High School (Department of Chinese)

Experience

  • 2017 ~ PresentPartner, Barun Law LLC (Head of Fair Trade Team 2)
  • 2023 ~ PresentLegal Expert Advisory Group on Fair Trade, Gyeonggi-do
  • 2023Selected as "2023 Leading Lawyer" in Competition Law by LEGAL TIMES
  • 2022 ~ PresentSelected as Outstanding Legal Professional and Advisory Member, Korea Economic Cooperation Association
  • 2022Recipient, Sports Chosun "Proud Innovative Korean & Power Brand Award" (Competition Law Category)
  • 2020 ~ 2022Recipient, TOP AWARDS Grand Prize in Legal/Competition Law (three consecutive years)
  • 2020Recipient, Korea Consumer Evaluation Outstanding Professional Awards (Attorney Category)
  • 2019 ~ 2020Advisory Member, External Advisory Group on Construction Subcontracting and Labor Management, LH Corporation
  • 2018 ~ Presentmember of Deliberation Committee on Information Disclosure of the KFTC
  • 2017 ~ PresentColumnist for The Korea Economic Daily, Seoul Economic Daily, MoneyToday, E-Today, Samil InfoMine, and Remember
  • 2016 ~ 2019Adjunct Professor(Monopoly Regulation and Fair Trade Act), Korea University Law School
  • 2016Advanced Law Research Program(Monopoly Regulation and Fair Trade Act), Fair Competition Federation
  • 2015Steptoe & John LLP(Antitrust & Competition Team, International Legal Trainee)
  • 2015Federal Trade Commission(Internship)
  • 2012Advanced Law Research Program (Fair Trade and Future of Korea),Seoul National Universit
  • 2011 ~ 2016Associate, Barun Law LLC
  • 2009Member, Information and Communications Special Committee, Seoul Bar Association
  • 2007 ~ 2011Associate, Yoon & Yang LLC

Practice Areas and Representative Matters

ⅰPractice Areas and Representative Matters

A. Unfair Collaborative Acts (Cartels)

- A case on unfair collaborative acts between Dong-A Pharmaceutical and GSK (first reverse payment agreement case in Korea)

- A case on unfair collaborative acts among CRT manufacturers

- A case on unfair collaborative acts among ATM and CD manufacturers

- A case on unfair collaborative acts among life insurers

- A Cases on unfair collaborative acts involving several construction companies, including bid rigging for the Kyeongin Canal Project, Incheon Subway Line No. 2 Project, and a LNG storage tank project

- Successfully obtained an exceptional mediation recommendation converting a debarment disposition due to collusion into an administrative fine

- Achieved substantially reduced administrative fines compared to those anticipated in the examiner's report in a duck sales cartel case

- Secured a final decision of no charges from the Korea Fair Trade Commission in a case where examiners sought criminal referral for alleged failure to comply with corrective measures

- Obtained a Supreme Court reversal and remand decision holding that an administrative fine imposed by the Korea Fair Trade Commission constituted an abuse of discretionary authority

- Korea Fair Trade Commission investigation and damages claims concerning unfair collaborative acts by transportation companies

- Korea Fair Trade Commission investigations concerning collusion by furniture manufacturers

- Korea Fair Trade Commission investigation concerning collusion by electrical equipment manufacturers

- Korea Fair Trade Commission investigation concerning collusion by manhole and sewer pipe manufacturers

- Korea Fair Trade Commission investigation and damages claims concerning collusion by railway vehicle manufacturers

- Korea Fair Trade Commission investigations concerning collusion by semiconductor manufacturers

- Korea Fair Trade Commission investigation concerning collusion by wood pellet manufacturers

- Damages claim relating to collusion, representing a military supply manufacturer

- Damages claim relating to collusion, representing asphalt concrete (ASCON) associations

- Korea Fair Trade Commission investigations and administrative litigation concerning collusion by ready-mixed concrete companies

- Damages claims representing construction companies in cases involving LNG facilities, gas pipeline projects, and related matters

B. Anti-Concentration of Economic Power

- A case involving the acts of breach of the circular shareholding prohibition regulations by Hyundai Motor Company and KIA Motors

C. Business Consolidation

- A case on business consolidation involving Tbroad Havit Broadcasting Co., Ltd.

- A case on business consolidation of iCash

- A case on business consolidation of Mando Corporation

D. Abuse of Dominant Position in Market

- A case on Intel's abuse of dominant position in the market

- A case on Qualcomm's abuse of dominant position in the market

E. Unfair Trade Practices

- Successfully obtained a finding of no violation in an investigation by the KFTC into resale price maintenance by a musical instrument manufacturer and distributor (including refusal to deal, etc.)

- Led the first-ever court ruling revoking a corrective order imposed by the KFTC against a labor union (interference with business activities)

- Case involving a fair trade complaint between S-Score and Company K (unfair customer inducement, etc.)

- A case on unfair customer solicitation practices of mobile phone manufacturers and mobile carriers

- A case on abuse of dominant position in the market involving The Coca-Cola Company

- A case on abuse of dominant position in the market by AceBed Co., ltd.

- A case on obstruction of business activities by Ocoo Co., Ltd.

- A case on unfair customer solicitation practices of Merck (rebate)

F. Unfair Assistance (unfair trading)

- Advising on unfair assistance practices of SK Energy

G. Subcontracting

- Obtained a revocation, by the Seoul High Court, of the KFTC's disposition publicly designating a company as a habitual violator of the Subcontracting Act, on the ground of failure to state reasons

- Led a Supreme Court ruling holding that the "30-day" period prescribed in Article 13-2(10) of the Subcontracting Act is not a peremptory period

- Actively substantiated mitigating factors regarding penalty points under the Subcontracting Act to obtain a KFTC decision exempting the client from a request for restrictions on eligibility to participate in bidding

- In a case where subcontractors sought punitive damages on the ground that the principal contractor violated the Subcontracting Act, obtained a court-recommended settlement tantamount to dismissal of the claims

- Obtained a ruling holding that an agreement to include wages of personnel employed by the subcontractor in the unit price did not constitute an unfair special agreement prohibited by the Subcontracting Act, and that no liability for damages arose

- KFTC investigation into alleged violations of the Subcontracting Act by S Industry

- KFTC investigation into unfair subcontracting practices by D Construction

- Represented Company N in filing a complaint with the KFTC regarding misappropriation of technology

- A case on unfair subcontracting practices of SK Engineering and Construction

- A case on unfair subcontracting practices of Kuk Dong Engineering & Construction

- A case on unfair subcontracting practices of Daesung Industrial

- A case on unfair subcontracting practices of Bukwang Pharm

- A case on unfair subcontracting practices of Good People Co., Ltd.

H. Transactions in Large Retail Business

- Filed a complaint with the KFTC regarding violations of the Act on Fair Transactions in Large Franchise and Retail Businesses, including the unfair passing-on of promotional costs by TV home shopping companies, and obtained corrective measures

- A case on breach of the Act on Fair Transactions in Large Retail Business by Hyundai Department Store

- A case on breach of the Act on Fair Transactions in Large Retail Business by Home and Shopping

- Administrative litigation in connection with violations of the Act on Fair Transactions in Large Franchise and Retail Businesses by Gongyoung Home Shopping

I. Franchise Business

- Obtained a favorable judgment against a franchisee who sought damages on the grounds that the operating profit information posted on the franchisor's website differed from actual figures

- Obtained favorable judgments against franchisees who unilaterally suspended operations on the grounds that projected profit-and-loss statements provided at the time of franchise agreement execution differed from actual results

- Represented franchisor Company E in mediation proceedings relating to alleged violations of the Franchise Transactions Act

- A case on breach of the Fair Transactions in Franchise Business Act By Tony Moly

- A case on breach of the Fair Transactions in Franchise Business Act by Dado Global (Droptop)

- A case on breach of the Fair Transactions in Franchise Business Act by Lotteria

J. Agency Transactions

- Represented imported car dealers in filing complaints with the KFTC regarding violations of the Agency Transactions Act

- Advisory services regarding alleged violations of the Agency Transactions Act by Yokogawa Electric, among others

K. Consumer Protection in Electronic Commerce

- A case on breach of the Act on the Consumer Protection in Electronic Commerce, etc. by Forward Ventures, LLC (Coupang)

L. Compliance Program

- Compliance program relating to alleged violations of the Agency Transactions Act by K Plastic

- Advising on and representing in several administrative, criminal and civil litigation cases related to fair trade and antitrust issues, including but not limited to unfair assistance practices of ** group

- Legislative consulting on amendments to the Enforcement Decree of the Monopoly Regulation and Fair Trade Act regarding whether S Construction qualifies as a large business group subject to public disclosure


ⅱ Publications and Papers

<Books>

- Why Movie Theater Popcorn Can Be Expensive (Revised and Expanded Edition, June 2020)

- Let's Live Together: Franchise Business (Revised and Expanded Edition, January 2020)

- Article-by-Article Case Law and Commentary on the Fully Revised Monopoly Regulation and Fair Trade Act (June 2022)

<Papers, Research Reports, and Contributions.>

- "Interpretation of Article 13-2(10) of the Subcontracting Act: Is the '30-Day' Period Peremptory?" Competition Law Review, Vol. 19, No. 1

- "Issues in the Methods for Calculating Administrative Fines by Type of Bid-Rigging," Competition Law Review, Vol. 39

- "Factors Inducing Collusion in the Agricultural Machinery Industry and Directions for Improvement," Korea Fair Trade Commission

- "A Study on Business Consolidation Report and Reporting Procedures," Korea Fair Trade Commission

- Contribution to The International Comparative Legal Guide: Consumer Protection 2023, published by Global Legal Group

- Contribution to The Global Legal Insights: Cartels 2023, 11th Edition, published by Global Legal Group


ⅲ Lectures, Training, and Content Production

- Shinsegae: Understanding and Analysis of the Act on Fair Transactions in Large Franchise and Retail Businesses and Related Laws

- Hanwha Total: Recent Trends, Key Issues, and Cases in Fair Trade Law

- Samyang: Key Provisions of the Agency Transactions Act and Compliance Considerations in Dealer Management

- SK Networks, among others: Overview of the Fair Trade Regime and the Subcontracting Act, and Recent Trends

- Samsung Electronics: Key Provisions of the Subcontracting Act and the Act on the Promotion of Collaborative Cooperation between Large Enterprises and SMEs

- Lotte Home Shopping: Understanding and Case Analysis of the Act on Fair Transactions in Large Franchise and Retail Businesses and Related Laws

- Gongyoung Home Shopping: Understanding of the Act on Fair Transactions in Large Franchise and Retail Businesses and Related Laws

- Sebang: Fair Trade Regime and Key Issues and Cases on Cartels

- Seoul Metropolitan Government: Key Provisions and Cases under the Franchise Transactions Act

- AK Plaza: Understanding and Case Analysis of the Act on Fair Transactions in Large Franchise and Retail Businesses and Related Laws

- GS Retail: Understanding and Case Analysis of the Act on Fair Transactions in Large Franchise and Retail Businesses and Related Laws

- Small and Medium Business Cooperatives: Key Provisions and Cases under the Subcontracting Act

- Comico: Key Provisions and Cases under the Subcontracting Act

- Kumho Mitsui Chemicals: Key Issues on Unfair Joint Conduct and Investigation Response Strategies

- Pulmuone: Key Provisions and Cases under the Franchise Transactions Act

- National Assembly Legislative Counsel Office: Understanding the Fair Trade Regime and Key Provisions and Cases under the Monopoly Regulation and Fair Trade Act

- Incheon Port Authority: Key Issues and Cases in the Fair Trade Regime

- Engineering Guarantee Cooperative: Key Provisions and Cases under the Subcontracting Act

- Naver: Key Provisions and Cases under the Subcontracting Act

- Samsung Display: Key Provisions and Cases under the Subcontracting Act

- Korea Seven: Understanding and Case Analysis of the Act on Fair Transactions in Large Franchise and Retail Businesses and Related Laws

- Ministry of Justice: Practical Training in Fair Trade Law

- SK Group: Key Issues on Unfair Joint Conduct and Investigation Response Strategies

- Gyeonggi Business & Science Accelerator: Understanding the Franchise Transactions Act, Subcontracting Act, and Act on Fair Transactions in Large Franchise and Retail Businesses

- JDC: Understanding the Subcontracting Act and the Act on the Promotion of Collaborative Cooperation between Large Enterprises and SMEs

- SK Ecoprime: Understanding the Monopoly Regulation and Fair Trade Act

- W Shopping: Practical Understanding of the Monopoly Regulation and Fair Trade Act

- Gyeonggi Provincial Government: Understanding Consumer-Related Laws

- Korea University MOT Program: Understanding Fair Trade

- Korea Fair Trade Mediation Agency: Understanding and Case Studies under the Agency Transactions Act

- Korea Fair Trade Association: Numerous lectures on the Monopoly Regulation and Fair Trade Act, Subcontracting Act, Franchise Transactions Act, Act on Fair Transactions in Large Franchise and Retail Businesses, and Agency Transactions Act

- NongHyup: Fair Trade Law Training

- Daegu District Court: Understanding and Case Law Analysis of the Subcontracting Act

- Seoul Bar Association: Key Provisions and Understanding of the Subcontracting Act

- Baemin Academy: Key Provisions and Cases under the Franchise Transactions Act

- Hyundai Engineering: Understanding Improper Intra-Group Transactions

- Federation of Korean Industries: Understanding the Fair Trade Regime

- POSCO: Understanding the Subcontracting Act and the Act on the Promotion of Collaborative Cooperation between Large Enterprises and SMEs

- Franchise Expo: Key Provisions and Cases under the Franchise Transactions Act, among others

- Gyeonggi Provincial Government: Understanding the Door-to-Door Sales Act; Understanding Platform-Related Unfair Trade Practices (content production)

- Korea Fair Trade Mediation Agency: Understanding the Subcontracting Act (content production)

- Korea Chamber of Commerce and Industry: Understanding Subcontracting and the Act on the Promotion of Collaborative Cooperation between Large Enterprises and SMEs (content production)

- Law Times: Key Provisions and Understanding of the Subcontracting Act (content production)

- Taeyoung Construction: Understanding the Monopoly Regulation and Fair Trade Act, among others (content production)

- Samsung Electronics: Understanding Subcontracting and the Act on the Promotion of Collaborative Cooperation between Large Enterprises and SMEs (content production), among others

Profile

02-3479-2497

kwanghyun.back@barunlaw.com

Recent Cases

[Fair Trade] Forward Ventures LLC (a/k/a “Cupang”)’s violation of the Electronic Transaction Act of Korea

[Fair Trade] Imposition of disclosure order against a business is unreasonable if the consumers have no complaint in using the products and if the business has strengthened its examination policy

[Fair Trade] With regard to an investigation of the KFTC against some duty-free shop operators, Barun Law LLC helped them be free from suspicion of concerted acts in relation to brand restrictions.

[Fair Trade] Application for suspension of enforcement of the KFTC penalty surcharge payment order accepted…request for installment payment and application for suspension of enforcement should be used

[Fair Trade] Penalty imposed against company for being an improper business entity prior to spinoff does not affect the business newly created through spinoff

[Fair Trade] Barun Law LLC successfully helped its client become the only constructor to win the administrative lawsuit regarding the allegation of bid-rigging against the Korean Fair Trade Commission

A franchisor, Gridaggum was acquitted on the charge of violation of the Franchise Business Act

[Fair Trade] Barun Law helped the client become the only suspect who was free from suspicion of price-fixing among 18 suspects.

[Fair Trade] Barun obtained a decision to quash and remand the decision of the Seoul High Court that the disposition of the KFTC had been legal.

[Fair Trade] Barun Law obtained a decision that a disciplinary action taken by the Fair Trade Commission against a trade union be cancelled.

[Fair Trade] Barun Law LLC helped a contractor clear of suspicion of illegal cancellation of an agreement and unreasonable determination of prices under the subcontract law.

[Fair Trade] Represented a local master distributor, which had a 14-year long distributorship with a multinational company, and helped it obtain KFTC’ decision on violation of the Fair Trade Act against the multinational company

[Fair Trade·Administration] Helped a subcontractor, which applied for the reduction of liability under the leniency program, but was designated as unjust business operator by a contractor, receive the KFTC’s decision on “reduction” by clarifying that the subcontractor was subject to the reduction of liability as whistleblower

[Fair Trade] Helped a client obtain a warning against K-Water’s unfair act of providing the client with contractual terms that were not practicable and terminating the relevant agreement on the ground of the nonperformance of such terms

[Labor and Employment] A registered director was held to be an employee who provided his employer with labor service under a subordinate employment relationship to earn salaries.

[Fair Trade] A case in which we helped the client to win the lawsuit against franchisees who had unilaterally suspended business on the ground that actual profits were different from those suggested in the expected income statement provided by the franchisor at the time of executing a franchise contract

[Fair Trade] A case in which it was judged that an agreement on the inclusion of wages for workers hired by a contractor in the unit price did not constitute an unfair special term prohibited by the Subcontracting Act, and therefore, the contractor was not liable for damages

[Fair Trade] We obtained a decision to recommend conciliation, which is the same as dismissing the plaintiffs’ claim, in a case in which the plaintiffs (subcontractors) filed for punitive damages worth KRW 3.6 billion on the ground that the defendant (primary contractor) violated the Subcontracting Act.

[Fair Trade] We obtained the reduction of surcharges by up to KRW43 billion and the exemption of criminal prosecution in the collusion case involved by 19 ready-mixed concrete manufacturers and sellers in Goyang and Paju regions.

[Administration] We obtained the decision that a manufacturer supplying food products to the military be released from all the sanctions of restriction to bid participation and penalties, which were imposed by the Public Procure Service in a prior notice for the partial nonperformance of contract due to a fire on the factory

[Fair Trade] We obtained a decision in favorable of a franchisor who had been subject to a damage claim from a franchisee alleging that the operating profits disclosed on the homepage are different from the actual operating profits

[Fair Trade] We obtained the decision of “not guilty” in a case in which an examiner filed a criminal complaint for non-compliance with the Fair Trade Commission's corrective measures

[Fair Trade] Barun Law represents a construction company and obtains exemption for restriction to bidding participation qualification from the Korea Fair Trade Commission by aggressively substantiating the reduction of penalty points under the Subcontracting Act.

[Fair Trade] Barun Law makes a report of violation of the Large-Scale Distribution Act with the Korea Fair Trade Commission against a TV home shopping company in relation to its act of passing promotional expenses to the client and obtains a sanction from the KFTC against the TV home shopping company.

[Fair Trade] Barun Law obtains a decision for a musical instrument manufacturer and seller that it is clear of allegation that it engaged in an act of price rigging.

[Fair Trade] Barun Law obtains the cancelation of a disposition made by the Korean Fair Trade Commission for the client who was declared by the authority as a habitual violator of law, successfully substantiating that the authority breaches its duty to present grounds for the disposition at the Seoul High Court.

[Fair Trade] In a case where the plaintiff (a contractor) claimed damages for violating the Subcontracting Act, Barun Law represents the defendant (who was the contractor) and obtains the dismissal of the plaintiff's claim

[Antitrust] We obtains an unusual order of "mediation recommendation" that changed the designation of an unfair business operator for collusion to the imposition of a penalty

[Fair Trade] In a case in which the client responds to a KFTC investigation into the alleged violations of the Subcontracting Act, Barun Law obtains an exoneration through careful analysis and review of materials related to the subcontracted work.

[Fair Trade] In a case in which advertisers file for the return of advertising cost and damages, claiming violations of the Act on Regulation of Terms and Conditions and the Act on Fair Labeling and Advertising, Barun Law analyzes the nature and background of the advertisements and obtains the dismissal of all claims filed against the client

[Fair Trade] Barun Law Successfully Defends a Prime Contractor Against a Subcontractor’s Allegations of KRW 7.5 Billion in Damages Allegedly Caused by Subcontracting Act Violations

[Fair Trade] Barun Law Successfully Represents a Losgistrics Service Provider Before the KFTC in relation to the Refund of Over KRW 1.1 Billion in Fines Through the "Amnesty Plus" Program

[Fair Trade] Barun Law Defends a Principal Contractor to be Cleared of All Allegations Against a Subcontractor's Report to the KFTC

[Fair Trade] A Case Where a Subcontractor Reported a Prime Contractor for Alleged Violations of the Fair Trade Act, and Barun Law Successfully Represented the Prime Contractor, Resulting in Full Termination of the Review Procedure

[Fair Trade] Barun Law Obtained a Judgment Recognizing an Unfair Refusal to Renew a Contract Deemed a Franchise Agreement Under the Fair Transactions in Franchise Business Act Despite Its Title

[Fair Trade] Barun Law Secured a Judgment Recognizing That the Fair Transactions in Franchise Business Act Applies to "Network Hospitals" That Meet the Statutory Requirements for Franchise Businesses

[Fair Trade] Barun Law Secured a Judgment Holding That Representatives of Suppliers and Manufacturers Do Not Constitute "Employees, etc." of Suppliers Under Article 12(1) of the Large-Scale Retail Business Act

[Fair Trade] A Case Where Barun Law Successfully Represented an MVNO and Secured a "No Violation" Decision on All Issues Reported by Its Distributor to the KFTC for Alleged Violations of the Fair Trade Act

[Fair Trade] A Case Where Barun Law Secured a "No Violation" Decision After Successfully Arguing That the Prime Contractor Had No Obligation to Pay an Advance Payment, Despite a Claim Filed by the Subcontractor Alleging Non-Payment of the Advance

[Corporate Criminal] Case in Which Barun Law Defended a Well-Known Food Company and Its Employee Indicted for Violation of the Country-of-Origin Labeling Act and Successfully Secured a Non-Prosecution Decision from the Prosecution

[Corporate Criminal] Case in Which a Liquor Distribution Company and Its Responsible Employee, Booked on Charges of Misleading Origin Labeling of a Product Endorsed by a Famous Celebrity Investor, Were Successfully Defended to Obtain a Non-Indictment Decision from the Prosecution

[General Commercial / Civil Litigation] Case in Which the Court Granted Damages for Defamation Caused by Journalists' False Reporting

[General Criminal] Case in Which, in a Juvenile Prostitution Matter, the Charge Applied by the Police Was Reclassified at the Prosecutorial Stage, Resulting in a Summary Indictment