South Korea fines Celltrion $469,000 for unfair subcontracting in COVID-19 test kits
Synopsis
Key Takeaways
South Korea's antitrust regulator, the Fair Trade Commission (FTC), announced on Thursday, 29 October that it will impose a 630 million won ($469,000) fine on Celltrion, a biotechnology company, for unlawfully cancelling orders and failing to furnish a subcontractor with legally mandated documents on time. The violations relate to the supply of COVID-19 test kits under a subcontracting arrangement and will be accompanied by a formal corrective order against the firm.
Breakdown of the Fine
Of the total 630 million won penalty, 590 million won has been allocated for the unfair cancellation of orders, while the remaining 40 million won covers the failure to meet documentation requirements. The FTC will also issue a corrective directive, signalling that monetary penalties alone are not considered sufficient to address the conduct.
What Celltrion Did Wrong
According to the FTC, Celltrion placed seven orders for COVID-19 test kits with its subcontractor between September 2021 and January 2022. The company failed to issue legally required documentation when altering product types across two of those orders, and delayed issuing documents for a third.
In one notable instance, Celltrion reclassified certain point-of-care (POC) test kits — intended for medical professionals — as over-the-counter (OTC) products for general consumers, before subsequently reverting some of those kits back to POC classification. Each such change required written documentation to be issued before the subcontractor commenced work, a requirement the company reportedly ignored.
The most serious finding involved the unilateral cancellation of orders for 37.17 million undelivered test kits when Celltrion terminated a supply contract on 26 December 2022, despite no fault on the part of the subcontractor. South Korea's Fair Transactions in Subcontracting Act explicitly prohibits prime contractors from arbitrarily cancelling or modifying manufacturing orders unless the subcontractor is responsible for a breach.
Regulator's Broader Stance
The FTC stated it will continue to actively enforce fair subcontracting standards across industries, framing this action as part of a sustained crackdown rather than an isolated response. This comes amid growing regulatory scrutiny of large corporations' conduct toward smaller supply-chain partners in South Korea.
Coupang Also in the Crosshairs
In a separate but concurrent development, South Korea's labour ministry announced plans to fine e-commerce giant Coupang and its subsidiaries a combined 1.96 billion won ($1.5 million) following an inspection that uncovered 206 labour and workplace safety violations across Coupang Fulfillment Services, Coupang Logistics Services, and associated logistics centres.
Authorities decided to pursue legal action for 61 violations — including the absence of safety measures for conveyor belts — while fines will be imposed for the remaining infractions. These include failures to conduct special health checkups for night shift workers, delays in submitting industrial accident reports to local labour authorities, and improper management or installation of break facilities.
Together, the actions against Celltrion and Coupang suggest South Korean regulators are intensifying oversight of corporate compliance, from subcontracting transparency to worker safety, setting a precedent for how the country's watchdogs will approach supply-chain and labour accountability going forward.