White-Collar Crime · Specific Economic Crimes Employment Restriction Under Korea’sSpecific Economic Crimes Act Taejin Kim · Managing Partner, Atlas Legal Supreme Court 2022Du44354 · Constitutional Court 2021HeonBa46 · Seoul High Court 2021Nu35485 Contents 1. What is the employment restriction under Article 14 of Korea’s Specific Economic Crimes Act? 2. Who is subject to the restriction…
Core Answer: Under South Korean criminal law, embezzlement (업무상횡령) arises from a provisional payment (gajigeuem) withdrawal when three elements are met: (1) the funds were used for non-corporate purposes, (2) no interest rate or repayment date was agreed upon, and (3) the board of directors resolution required for the transaction was not obtained (Supreme Court,…
Table of Contents 1. What Is a “Personal Data Controller” Under South Korea’s PIPA? 2. What Is the Right to Informational Self-Determination? — Supreme Court 2012Da49933 3. Does Using Illegally Obtained Data Make You a Controller? — Supreme Court 2026Do477 4. Is an Insurance Solicitor a Personal Data Controller? — Supreme Court 2024Do14998 5. Does…
Table of Contents 1. What Is the Legal Standard for Copyright Protection of Advertising Materials in South Korea? 2. When Are Advertising Photographs Protected by Copyright in South Korea? 3. When Does Advertising Copy Qualify for Copyright Protection in South Korea? 4. Can a Combined Ad Layout Be Protected as a Compilation Under South Korean…
Table of Contents 1. What Legal Options Does an Exclusive Importer Have Against Parallel Importers in South Korea? 2. When Does a Parallel Importer’s Use of a Brand Trademark Become Illegal in South Korea? 3. When Does Parallel Importing Itself Become Trademark Infringement Under South Korean Law? 4. Can Advertising Photos and Product Images Be…
Table of Contents 1. What Is the “Loss” in a South Korean Breach of Fiduciary Duty Case? 2. Applicable Law: Criminal Act Article 355 and the Aggravated Punishment Act Article 3 3. How Is the Loss Calculated? Supreme Court Precedents by Case Type 4. Why Does the Loss Calculation Matter So Much? 5. Atlas Legal…
Table of Contents 1. What Is an Amended Tax Invoice Under South Korean VAT Law? 2. How Did South Korean Courts Rule Before the 2025 Supreme Court Decision? 3. What Did the Supreme Court Decide in Case 2025Do10232? 4. How Does This Ruling Differ from the 2020Do118 Decision on Fictitious Invoices? 5. What Should Foreign-Invested…
Table of Contents 1. Case Overview: False Claims Spread by a Disgruntled Employee 2. What Is Business Interference by False Facts Under South Korean Law? 3. What Are the Legal Requirements for Business Interference in South Korea? 4. How Have South Korean Courts Ruled on Similar Cases? 5. How Should Companies Respond to Online Misinformation…
Table of Contents 1. What Is Attorney-Client Privilege (ACP) in South Korea? 2. What Are the Facts Behind Supreme Court Decision 2024Mo730? 3. What Legal Principles Did the South Korean Supreme Court Establish? 4. How Does the Amended Attorney-at-Law Act Relate to the Decision? 5. How Should Businesses in South Korea Prepare for ACP? 6….
Table of Contents 1. What Is Subcontract Payment Under South Korean Law? 2. When Can (and Can’t) the KFTC Issue a Corrective Order? 3. What Happens If the Prime Contractor Fails to Notify Inspection Results Within 10 Days? 4. Does a Settlement Agreement Prevent Further Claims? 5. How Are Promissory Note Discount Fees Calculated? 6….
