The KFTC has consistently adhered to the principle that any behavior
triggered by administrative guidance issued under concrete and clear legal
grounds should be deemed as a legitimate act as prescribed in Article 58 of the
MRFTA and be granted exemption and that any behavior triggered by
administrative guidance without due legal grounds or solely in reliance on the comprehensive supervisory authority granted under the organization law
should not be granted exemption.191 This is also supported by the precedent
cases, where an MRFTA violation involving administrative guidance is, only
exceptionally, deemed not unlawful or granted non-application.