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. 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 Trade Union and Labor Relations Adjustment Act 

This Amendment clarifies the scope of employers as persons designated by Presidential Decree who exercise a certain degree of authority and responsibility over workers’ fundamental working conditions to an extent comparable to that of employing business owners. It also restricts the subject of labor disputes to matters related to working conditions. 

② Partial Amendment to the Act on Improvement of Urban Areas and Residential Environments 

This Amendment raises the statutory maximum floor area ratio for private improvement projects to 1.3 times the current limit. 

2. Pending Bill(s)

③ Partial Amendment to the Financial Investment Services and Capital Markets Act 

This Amendment introduces a “fair value” in mergers involving listed companies, which is assessed in consideration of stock prices as well as asset values and other relevant factors. 

3. Promulgated Bill(s)

④ Enforcement Decree of the Personal Information Protection Act 

This Bill provides that when calculating the penalty surcharge for a company violating the Personal Information Protection Act, the surcharge shall be calculated based on the larger amount between the annual sales of the business year immediately preceding the year of violation and the average annual sales of the three business years immediately preceding the year of violation. 

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 authorizes the Minister of Land, Infrastructure and Transport to directly penalize illegal subcontracting, and to delegate such authority to the heads of Regional Land Management Offices. 

5. Serious Accidents Punishment Act ("SAPA") Related Editorials and Columns from Major Dailies

[The Financial News] In Creating Sentencing Guidelines for SAPA, Sentencing Commission Excludes Corporate Fines from Discussions
[Yonhap News] Sentencing Criteria for SAPA: Supreme Court to "Accumulate Cases and Refer to Similar Offenses"

*For more details, please download the PDF file attached.