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In 2008, the fair trade dispute mediation system was implemented to process the efficiency of the Fair Trade Commission and revive substantial damage relief. In the Korean judicial procedure for damage relief, it is difficult for small and medium-sized businesses to receive remedies through litigation because of huge litigation costs and quantities of time. However, the mediation system enables faster and easier remedial action without any costs.

Alternative dispute resolutions in antitrust cases are steadily increasing since resolutions in resolving disputes, such as mediation, were first implemented in 2008 in which 520 cases were filed for issues of fair trade and franchise business. In contrast, in 2018, 3480 disputes in six areas of fair trade, franchise business, agency transactions were resolved successfully by the mediation process.

Therefore, this paper questions whether fair trade mediation is operating well regarding the objective of its emergence and the recent issues that have been raised. In addition, this paper analyzes the recent amendment of the “Monopoly Regulation and Fair Trade Act” and mediation since the formal manifestation of the fair trade mediation.

Moreover, this paper examines mediation and mediation institutions to assure practical damages for victims. Because, in most cases, businesses injured by anti-competitive practices cannot seek mediation to resolve disputes. The fair trade mediation may benefit companies by reducing social costs. In conclusion, this paper states that it is necessary to take active actions to expand the scope of mediation to promote fair trade.