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Briefings South Korea abolishes breach of trust crime in major corporate law shiftCivil damages, collective lawsuits and discovery rules to replace criminal law once used to prosecute chaebol chiefs South Korea’s government and ruling Democratic Party (DP) on Tuesday said they will abolish the “breach of trust” (배임죄) provision in the Criminal Act — a statute that makes it a crime for corporate executives or directors to cause financial losses to their company through negligent or self-serving decisions. The decades-old law has been used in high-profile prosecutions involving disputed mergers, real-estate projects and financing deals. The DP said the law has excessively restricted normal business decisions and discouraged investment. In its place, the government plans to strengthen civil remedies by expanding punitive damages, collective lawsuits and discovery rules, giving © Korea Risk Group. All rights reserved. |





