한류편승 외국계 기업 영업행위의 법적문제에 관한 소고

MUMUSO is a Chinese company but operates as if it were a Korean company using Korean products, Korean image, and Korean credibility. Despite the fact that the distributed product in the business is not from Korea, MUMUSO makes it look like Korean companies and Korean products through actions such as selling goods and using signboards in Korean. And MUMUSO established Mugunghwa Life in Korea and applied for the trademark that reminds the consumer that it is a Korean company such as including kr in the name of the company. By doing so, MUMUSO is making it look like a South Korean-based company. MUMUSO hired a Korean designer and makes the product look like it was designed in Korea. However, MUMUSO sells products using the same design or character as those sold in Korea, and products that are not even sold in Korea are sold as if they were made in Korea. MUMUSO is even expanding its business and products to Thailand, Vietnam and the Philippines as well as China. Therefore, damage is likely to occur in the Korean companies. In this paper, domestic laws that could be applied if a company like MUMUSO operates in Korea were examined such as the Trademark Act, the Anti-competition Act, the Consumer Protection Act, the Advertising Act, etc. Further, the remedies through the WTO/TRIPs regulations as well as domestic laws and FTA agreements with countries were reviewed.