Self-dealing, Tunneling, and Insider Trading
관련 업무사례
When a corporate group provides funds, assets, personnel, goods, or services to its affiliates, unfair support practices (unfair internal transactions) can arise. Unfair internal transactions are considered violations of the Fair Trade Act when there is a comparison with normal prices and unfairness is acknowledged, leading to potential criminal penalties, corrective orders, and other sanctions. Internal transactions between affiliated companies are not inherently illegal. Therefore, a thorough legal review is necessary to prevent potential legal issues from the pre-transaction stage if investigations on unfair internal transactions (unfair support practices) from the KFTC are to be avoided and to ensure that transactions between affiliated companies are conducted within a legitimate framework. Additionally, it is essential to establish management systems for continuous monitoring to ensure that transactions between affiliated companies are conducted in a legal manner.
Recently, the KFTC has been expanding the scope of regulation and supervision of unfair internal transactions, which were primarily problematic in large corporate groups, to include mid-sized companies. Kim & Kim provides comprehensive advice on internal transactions based on rich experience ranging from internal transaction inspections and responses to Fair Trade Commission investigations to administrative litigation.
We provide comprehensive advice on the assessment of whether unfair support to related parties or affiliates, such as so-called “tunneling”, as well as advice on various disclosure obligations and KFTC investigations and sanctions.
Recently, the KFTC has been expanding the scope of regulation and supervision of unfair internal transactions, which were primarily problematic in large corporate groups, to include mid-sized companies. Kim & Kim provides comprehensive advice on internal transactions based on rich experience ranging from internal transaction inspections and responses to Fair Trade Commission investigations to administrative litigation.
We provide comprehensive advice on the assessment of whether unfair support to related parties or affiliates, such as so-called “tunneling”, as well as advice on various disclosure obligations and KFTC investigations and sanctions.
When a corporate group provides funds, assets, personnel, goods, or services to its affiliates, unfair support practices (unfair internal transactions) can arise. Unfair internal transactions are considered violations of the Fair Trade Act when there is a comparison with normal prices and unfairness is acknowledged, leading to potential criminal penalties, corrective orders, and other sanctions. Internal transactions between affiliated companies are not inherently illegal. Therefore, a thorough legal review is necessary to prevent potential legal issues from the pre-transaction stage if investigations on unfair internal transactions (unfair support practices) from the KFTC are to be avoided and to ensure that transactions between affiliated companies are conducted within a legitimate framework. Additionally, it is essential to establish management systems for continuous monitoring to ensure that transactions between affiliated companies are conducted in a legal manner.
Recently, the KFTC has been expanding the scope of regulation and supervision of unfair internal transactions, which were primarily problematic in large corporate groups, to include mid-sized companies. Kim & Kim provides comprehensive advice on internal transactions based on rich experience ranging from internal transaction inspections and responses to Fair Trade Commission investigations to administrative litigation.
We provide comprehensive advice on the assessment of whether unfair support to related parties or affiliates, such as so-called “tunneling”, as well as advice on various disclosure obligations and KFTC investigations and sanctions.
Recently, the KFTC has been expanding the scope of regulation and supervision of unfair internal transactions, which were primarily problematic in large corporate groups, to include mid-sized companies. Kim & Kim provides comprehensive advice on internal transactions based on rich experience ranging from internal transaction inspections and responses to Fair Trade Commission investigations to administrative litigation.
We provide comprehensive advice on the assessment of whether unfair support to related parties or affiliates, such as so-called “tunneling”, as well as advice on various disclosure obligations and KFTC investigations and sanctions.
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업무사례
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Fair Trade
공정위 대리해 대웅제약 제기 시정명령 취소 소송에서 최종 승소 확정 판결
2024-07-08 -
Supreme Court Reversal and Remand
미쓰비시전기 상대 시정명령 및 납부명령 취소사건 환송심 승소
2024-07-08 -
Other Cases
교량 저작권 침해 청구 소송 승소, 한국저작권위원회 감정결과 완전히 뒤집어
2024-07-08 -
Legislative and Regulatory Consulting
환경부, 배기소음기준 강화 정책 저지
2024-02-29 -
Legislative and Regulatory Consulting
조선산업 발전을 위한 주요 현안 간담회 컨설팅
2024-02-27 -
Defamation and Online Reputation Management
악성 댓글로 경쟁업체 영업 방해한 알집매트 대표이사, 법정구속
2024-02-26 -
Fair Trade
하림 소속 계열사 특정기업 부당지원 및 부당이익 제공 관련 행정소송 승소
2024-02-26 -
Fair Trade
구글 코리아 운영체제 선탑재 관련 2200억 원대 과징금 부과 관련 행정소송 승소
2024-02-26 -
Supreme Court Reversal and Remand
시티은행 입찰담합건 대법원 승소 (파기환송)
2024-01-31 -
Fair Trade
대웅제약 21억원대 과징금 부과처분 취소 등 공정위 대리(일부승소)
2024-01-31
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Fair Trade
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미디어 속 지음
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[베스트 로이어]‘OS 골리앗’구글 상대로 완승 거둔 법무법인 지음 구글에 2000억 과징금 부과한 공정위 처분 ‘적법’ 판단 이끌어
2024-04-04 -
PD수첩 1413회 기업살인과 댓글부대
2024-04-03 -
‘OS 골리앗’ 구글 2000억대 과징금 ‘적법’ 판결 이끈 법무법인 지음
2024-03-11 -
[판결] 미단속 보고서 허위작성 혐의 경찰관들, 무죄 확정
2023-11-30 -
공정위 작년 로펌에 238건 소송.자문 의뢰...최다 수임은 '지음'
2023-10-01 -
“네이버, 스마트스토어 밀어주기 위해 알고리즘 조작”... 공정위 ‘266억 과징금’ 부과 정당 입증한 지음 법률사무소 김종용 기자 조선일보 로펌의 기술
2023-01-11 -
1위 공정거래위원회 행정소송 사건 수임 (민간부문) 김진원 기자, 리걸타임즈
2018-10-17
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