Until a recent amendment to the Korean Commercial Code, the compensation of executives in listed companies was not required to be disclosed to shareholders. Most developed economies require this disclosure.
The prior law, only, required the total compensation for all directors to be disclosed to shareholders. The new rule, which comes into effect on November 29, 2013, requires that all registered directors of companies annual compensation be disclosed if the amount of the individual’s annual compensation exceeds KRW 500 million Korean won.
The amended Korean Commercial Code, also, requires that companies disclose the criteria for choosing the compensation. We suspect to see cases filed related to the payment criteria and differentials in payment between certain directors.
Some family-controlled companies will, likely, drop some family members from boards. These family members will, likely, be paid as mere company employees and, not, as board members. Thus, circumventing the purpose of the law.
We will update the reader on developments with regard to this issues.
Other articles that may be of interest:
- Legal Compliance Checklist for Companies Doing Business in Korea
- Compliance Control Standards in Korea
- 7 Musts to Succeeding in Business in Korea
Sean Hayes may be contacted at: [email protected]
Sean Hayes is co-chair of the Korea Practice Team and Entertainment, Media and New Tech Law Team at IPG Legal. He 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. He assists clients in their contentious, non-contentious and business developments needs in Korea and China.
- Suing Directors for Company Loses in Korea: Korean Corporate Compliance Basics
- Korean Contractual Holidays vs. Statutory Holidays: Korean Paid Leave/Holidays Explained
- Limiting Director Liability in Korea under new KCC
- Korean Invention Promotion Act: Employee Inventions in Korea
- Part-time Worker Annual Paid Leave Obligations under the Korean Labor Standards Act
- U.S. Foreign Corrupt Practice Act Basics for Korean-based Business Enterprises
- Fiduciary Duties of Korean Directors/Representative & Controlling Shareholders of Korean Companies
- Derivative/Shareholder Suits in Korea: Corporate Governance in Korea
- Non-Registered Company Director (Executive Director/Senior Managerial Worker) in Korea deemed Employee under Korean Labor & Employment Law
- Korean M & A Due Diligence Checklist: Mergers & Acquisitions Due Diligence in Korea