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KIM&CHANG A Quarterly Update of Legal Developments in Korea Newsletter
2026 Issue 2
UPDATES
Changes in Corporate Reorganization Regulations After Introduction of Directors’ Fiduciary Duty to Protect Shareholder Interests
Recently there has been active discussion regarding measures to protect the rights and interests of general shareholders and to enhance the procedural fairness of the board of directors’ decision-making in connection with reorganization transactions of listed companies, such as mergers, spin-offs, comprehensive exchanges and transfers of shares, and the listing of subsidiaries.
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KFTC’s Proposed Amendments to Administrative Fine Notifications Under MRFTA and Related Laws
On April 30, 2026, the Korea Fair Trade Commission implemented its revised notification on the Detailed Standards for the Imposition of Administrative Fines, which applies to the Monopoly Regulation and Fair Trade Act. Notably, the Revised Notification strengthens the standards for calculating administrative fines to ensure the system operates more effectively against habitual, repeat offenders, preventing recidivism.
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Korea’s New “K-Discovery” System Facilitating Evidence-Gathering in Disputes to Take Effect in Some Litigation Contexts in February 2028
Korea has introduced its first comprehensive system for evidence discovery in certain litigation contexts (the “K-Discovery” system) through promulgation of a landmark amendment to the Act on the Promotion of Mutually Beneficial Cooperation Between Large Enterprises and Small-Medium Enterprises on February 19, 2026. This evidentiary framework will take effect beginning on February 20, 2028.
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Implementation of KFTC’s Revised Guidelines for Labeling and Advertising Concerning Recommendations and Endorsements
Proposed Amendment to FSCMA Introducing “Fair Value” for Mergers of Listed Companies Passes National Policy Committee
EU’s PPWR/ESPR Enforcement Countdown
Enactment of End-of-Life Battery Act
Korean Supreme Court Confirms Legality of National Tax Service’s Retroactive Real Estate Appraisal Program
Amendment to Foreign Exchange Transactions Act – Mandatory Registration of Virtual Asset Transfer Businesses, Restructuring of Specialized Foreign Exchange Business Categories
Summary of FSS’s 2026 Insurance Sector Financial Supervision Business Briefing
Key Features and Implications of 2026 International Chamber of Commerce (ICC) Revised Rules of Arbitration
Key Outcomes of US–China Summit in May 2026 and China’s Recent Foreign and Trade Policy Updates
Update on Legislative and MOEL Regulatory Trends Regarding Comprehensive Wage Schemes
Key Trends in Bargaining Disputes Following Implementation of Yellow Envelope Act
Amendment to REITs Approval Guidelines to Revitalize REIT System
Enhancement of EHS Regulations: Introduction of Safety and Health Information Disclosure System and Sanctions on Risk Assessment, Etc.
Promulgation and Enforcement of Amendment to FSCMA Introducing Cornerstone Investor System
Financial Services Commission’s Announcement of K-Transition Finance
Supreme Court Ruling on Tax Deductibility of Disability Employment Levy
KMCC Resumes Operations Following Establishment of “Six-Member Panel”
CASES
Kim & Chang Wins KRW 100 Billion Lawsuit Over Contract Interpretation Involving Accounting Treatment
Kim & Chang represented an investment company (the “Plaintiff”) and won a lawsuit in which the Plaintiff filed a partial claim against a game company (“Company A”) for KRW 100 billion in damages, alleging that Company A failed to pursue an initial public offering as required under a convertible bond subscription agreement.
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Successful Defense Against Pre-Assessment Notice Seeking to Recapture Customs Duties Refunded for Unsold Imported Goods That Were Re-Exported
Kim & Chang Advised on USD 825 Million Refinancing for 950MW Power Project in Ohio, US
Strategic Counsel on Calculation Guidance for Scope 3 Emissions in Steel and Petrochemical Industries
Dismissal of Unjust Enrichment Claims Against Investment Trust’s Investment Broker Through Rebuttal of Presumption of Surviving Enrichment
NEWS
Named “South Korea National Law Firm of the Year” – Chambers Asia-Pacific & Greater China Region Awards 2026
Kim & Chang was recognized as the “South Korea National Law Firm of the Year” at the Chambers Asia-Pacific & Greater China Region Awards 2026. Since the first awards ceremony in 2010, our firm has been honored with this title eleven times, earning widespread recognition as one of Korea’s leading law firms.
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Recognized as Top ESG Law Firm – ALB Asia’s Top ESG Law Firms 2026
Recognized as Leading Law Firm in All 11 Practice Areas – Benchmark Litigation Asia-Pacific 2026
Korea Legal Insight 2024
 
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