As the first-ever Korean law firm to issue specialized legislative journals, D&A LLC has been publishing the monthly Policy & Business (P&B) Report since August 2019. The P&B Report provides analyses of plenary sessions of the National Assembly, as well as standing committee and subcommittee meetings. In addition, the firm has been co-hosting the Future Leaders Forum with the Herald Business, inviting chairpersons of standing committees to discuss relevant legislative issues and tasks.
As an extension of this service, D&A has also been issuing the Weekly Legislative Report, which covers various legal issues at the center of public debate along with editorials and columns on the Serious Accidents Punishment Act (“SAPA”) from major daily news outlets. The report will be released with an update on newly proposed or pending bills. Enclosed is this week’s legislative report, and please refer to the P&B Report for further details.
If you wish to subscribe to the P&B Report or have any other queries, please contact us at lc@draju.com.
1. Proposed Bill(s)
① Partial Amendment to the Labor Standards Act
This Amendment allows workers engaged in the research and development of new technologies, etc. to be exempted from statutory restrictions on working hours, rest periods, and holidays. When overtime work is permitted, it requires employers to implement measures to protect workers’ health, including physician conducted medical examinations, the provision of compensatory or special leave, regular health checkups, encouragement of consecutive use of annual paid leave, and the establishment of a medical consultation channel.
② Act on Food Delivery Platform Service Fees
This Bill provides for the imposition of a penalty surcharge of up to 10 percent of sales on large food delivery platform operators that transfer unfair commission fees to micro and small business operators.
2. Pending Bill(s)
③ Partial Amendment to the Personal Information Protection Act
This Amendment imposes an aggravated administrative surcharge of up to 10 percent of total sales in cases where violations are repeatedly committed within three years due to intentional misconduct or gross negligence, where intentional misconduct or gross negligence results in a large-scale personal information breach affecting more than 10 million individuals, or where a breach occurs as a result of non-compliance with a corrective order.
3. Promulgated Bill(s)
④ Korea Development Bank Act
This Bill aims to enhance high-tech strategic industries’ competitiveness by raising the statutory capital limit of the Korea Development Bank to KRW 45 trillion and establishing the High-Tech Strategic Industry Fund of KRW 100 trillion.
4. Bill(s) Undergoing Pre-Announcement of Legislation/Administration
⑤ Partial Amendment to the Enforcement Decree of the Framework Act on the Construction Industry
This Amendment extends the duration of business suspension for companies involved in illegal subcontracting from between six and eight months to between eight months and one year. It also increases penalty surcharges from 4 to 30 percent to 24 to 30 percent of the total subcontracting price.
5. Serious Accidents Punishment Act ("SAPA") Related Editorials and Columns from Major Dailies