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KIM&CHANG A Quarterly Update of Legal Developments in Korea Newsletter
2025 Issue 4
UPDATES
Regulatory Trends on Treasury Stock and Impact on Corporate Governance Restructuring
The National Assembly is now pursuing a third round of amendments to the Korean Commercial Code and tax laws that would mandate the cancellation of treasury shares and tighten restrictions on their disposal. In parallel, the financial authorities have recently finalized amendments to relevant regulations, including the Enforcement Decree of the FSCMA and the Regulations on Issuance and Disclosure of Securities.
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Government Announces Policy to Abolish Breach of Trust Crime and Continue Efforts to Amend the Korean Commercial Code
The government continues to promote amendments to the Korean Commercial Code. Following the mandatory cancellation of treasury shares, they are now considering amendments to the criminal liability framework concerning duty of care and other fiduciary duties of directors and management, namely the abolishment of breach of trust under the Criminal Code.
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Supreme Court Upholds Jurisdiction over Foreign Corporation for Vicarious Criminal Liability in Trade Secret Misappropriation by Its Korean Employees
On August 14, 2025, the Korean Supreme Court upheld a guilty verdict against a Taiwanese corporation indicted on charges of trade secret and industrial technology misappropriation committed by its employees.
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AI Washing: Types and Regulatory Trends
Administrative Penalty Guideline Under Financial Consumer Protection Act – Key Updates and Implications
Tax Tribunal’s Decision on Consideration for Right to Clinical Trials and Exclusive Commercialization in Korea
New Administration’s Ministry of Climate, Energy and Environment and Prospects of Climate, Energy and Environment Policies
Finalization of Phase 4 National Emission Permit Allocation Plan and Trends in Amendments to Emission Permits Trading Act
Electronic Financial Transaction Act Amendment, Passed by National Assembly and Promulgated
Introduction of Asset Retained Co-Reinsurance
Supreme Court Rules in Favor of Insurers in Immediate Annuity Policy Case
Key Details and Implications of Amended KCAB International Arbitration Rules
Trends in Discussions Regarding USMCA Joint Review in US
Holiday Compensation Calculation and Inclusion of Conditional Allowances in Minimum Wage
Court Dismisses Labor Union’s Claim to Verify Scope of Union Membership Eligibility
Enactment and Implications of Act on Management of Real Estate Development Projects and Its Enforcement Decree
Ministry of Employment and Labor’s Comprehensive Plan for Work Safety to Eradicate Serious Accidents
Recent Developments in Introduction of Business Development Companies (BDCs)
Supreme Court En Banc Decision: Royalties for Use of Patents Unregistered in Korea May Constitute Domestic Source Income Under Korea-US Tax Treaty
Recent Developments in AI Basic Act
CASES
Naver Shopping Prevails in Supreme Court Appeal Regarding Alleged Search Algorithm Self-Preferencing
Kim & Chang represented Naver in its appeal to the Supreme Court, which fully reversed the Seoul High Court’s decision and remanded the case. The Supreme Court decision is the first court ruling to apply established competition law principles and precedents to the issue of self-preferencing by online platform operators, marking its symbolic significance.
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Kim & Chang’s Representation of Entertainment Agency in Preliminary Injunction to Preserve Management Agency Status and Confirm Validity of Exclusive Agreement
Kim & Chang Prevails in Two Design Invalidation Cases Protecting Rimowa’s Iconic Groove Design
Kim & Chang Conducts Periodic Review and Provides Updates on Regulations and Legislative Trends on Climate-Related Disclosures for Costco’s Global ESG Regulatory Monitoring
Korean Patent Court Confirms for First Time That Scope of Extended Patent Is Not Limited to First-Approved Indication
Kim & Chang Successfully Represents Client in Arbitration on Overseas Resource Development Project Joint Investment Agreement
NEWS
Winner of “Country Firm of the Year Awards: South Korea” for 20th Consecutive Year – Lexology Index Awards 2025
Kim & Chang was honored with the “Country Firm of the Year Awards: South Korea” award for the 20th consecutive year at the Lexology Index Awards 2025.
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23 Kim & Chang Professionals Recognized – Lexology Index: Client Choice 2026
Largest Korean Law Firm in Asia – ALB Asia Top 50 (2025)
 
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