• Title/Summary/Keyword: FCPA

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A Comparative Study on the Foreign Corrupt Practices Act (FCPA) and Article 21.6 of the KORUS FTA (미국 해외부패방지법(FCPA)과 한미 FTA 제 21.6 조 비교연구)

  • Bae, Sungho
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.287-307
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    • 2013
  • Numerous discussions on the KORUS FTA has been centered around issues on trade in goods, services, or dispute settlement mechanisms. On the other hand, little attention has been given to Chpater 21 of the KORUS FTA on transparency, especially Article 21.6 which states about anti-corruption. Article 21.6 and the Foreign Corrupt Practices Act shares the common purpose to prevent corruptive business practice, and they show similarities in many aspects. The FCPA enforcement has dramatically increased over the past ten years by the U.S. Department of Justice and Securities Exchange Commission stretching its jurisdiction to foreign nationals and companies. Korean business professionals and corporations are exposed to both Article 21.6 and the FCPA on corruption issues. Thus, it is imperative to understand Article 21.6 to be equipped with anti-corruption compliance programs. This paper examines the FCPA and Article 21.6 through comparative analysis and proposes appropriate measures for Korea to take.

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The UK Bribery Act 2010 and Measures Needed for Korean Multinational Corporations in the Era of Korea-EU FTA (영국 뇌물수수법(UK Bribery Act 2010) 시행에 따른 한-EU FTA 시대에 한국 다국적기업의 대처방안 관한 연구)

  • Bae, Sungho
    • International Commerce and Information Review
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    • v.16 no.3
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    • pp.253-273
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    • 2014
  • The Korea-EU FTA has substantially escalated the volumes of South Korea's export and investment in the United Kingdom since its ratification. Coupling with the FTA effect, the ease of doing business in the United Kingdom will increase even more trade and investment by South Korean multinational corporations. In the meantime, the UK Bribery Act 2010 was enforced to end bribery by individuals and business entities which have close connection with the United Kingdom. The punishment of violating the Act is severe than ever because of "unlimited" fine. Without fully understanding the Act and have compliance measures as described in the Guidance issued by the UK Ministry of Justice, South Korean corporations may risk its whole business. Therefore, this paper will analyze the UK Bribery Act in details to provide critical implications for South Korean corporations under the Korea-EU FTA.

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