According to the Law Times, a Korean legal vernacular, laws that punish corporations or presidents of corporations, regardless of their “intent” or “negligence,” when a corporation’s manager commits a crime may be amended in the near future to not allow the punishment of the company or president. President-Elect Lee intends to abolish most of these criminal laws and allow sanctions to be handled through administrative procedures and not the Korean criminal courts.
The Ministry of Justice and some progressive NGOs may oppose the amendments. However, some noted academics and lawyers have already shown their support for the amendments.
Kang Dong-Bum, a professor at Ewha University, said that “Calling corporations and presidents to criminal account only because of the acts of an employer is wrong and they should be called to criminal account only when they have intention or negligence” Kang also noted, however, tha fines allowed to be imposed through administrative actions should be drastically increased.
Expect amendments to be enacted in the later part of this year.
Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw, and IPG Legal is consistently ranked Top Dispute Resolution Law for our litigation services.
If you would like a consultation with an English-speaking lawyer in Korea, please schedule a call at: Schedule a Call with an Attorney.
- Korean Prosecutors & Police Powers under Amended Criminal Procedure Law
- The Law of Self-Defense in Korea: Criminal Law Basics in Korea
- Occupational Safety in Korea: Serious Accidents Punishment Act
- Korean Criminal Record Checks
- Korean Tax Law Amendments for Individuals for 2021
- Last week’s Recap of the Top Legal Headlines in South Korea for the week of August 9, 2021:
- What Should I do if I Receive a Korean Summons for a Criminal Investigation in Korea?
- Korean Data Privacy: Korean National Assembly passes the Second Major Amendment to the Personal Information Protection Act of Korea
- Last week’s Recap of the Top Legal Headlines in South Korea for the week of August 2, 2021:
- Last week’s Recap of the Top Legal Headlines in South Korea for the week of July 26, 2021: