{"id":316649,"date":"2025-11-24T23:00:57","date_gmt":"2025-11-24T23:00:57","guid":{"rendered":"https:\/\/peraltafinancing.com\/uncategorized\/u-s-foreign-corrupt-practice-act-basics-for-companies-doing-business-in-korea\/"},"modified":"2025-11-24T23:00:57","modified_gmt":"2025-11-24T23:00:57","slug":"u-s-foreign-corrupt-practice-act-basics-for-companies-doing-business-in-korea","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=316649","title":{"rendered":"U.S. Foreign Corrupt Practice Act Basics For Companies Doing Business In Korea"},"content":{"rendered":"


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If you are working for a U.S. company with operations in Korea or for a company headquartered in most other developed economies, you may be subject to anti-corruption laws in both your home jurisdiction and Korea. Violations often occur unintentionally through routine interactions with Korean government officials or quasi-government entities, or even by actions by your agents.<\/p>\n

To avoid potential criminal liability, civil fines, reputational harm, or harm to your employer doing business in Korea, it is essential to understand what constitutes a \u201ccorrupt payment\u201d under the U.S. Foreign Corrupt Practices Act (\u201cFCPA\u201d) and similar global anti-bribery regimes.<\/p>\n

Before engaging in any conduct that could be interpreted as providing an improper benefit to a Korean government official or permitting an employee, consultant, or agent to do so, you should consult legal counsel in Korea that retains international attorneys with global trade law experience<\/a>.<\/p>\n

What Is a \u201cCorrupt Payment\u201d Under the U.S. FCPA?<\/h2>\n

The term \u201ccorrupt payment\u201d under the U.S. FCPA includes giving, offering, or promising anything of value to a foreign government official with the intent to:<\/p>\n

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  1. Influence an act or decision of the official in their official capacity;<\/li>\n
  2. Induce an official to act or refrain from acting in violation of their lawful duty;<\/li>\n
  3. Secure improper influence over an official\u2019s discretionary authority or the functioning of their office; or<\/li>\n
  4. Obtain any improper business advantage, including permits, approvals, non-enforcement, tax benefits, or regulatory leniency.<\/li>\n<\/ol>\n

    Importantly, liability may be triggered even if no payment is made if the offer, promise, or agreement itself is deemed corrupt.<\/p>\n

    Common Activities in Korea That May Trigger U.S. FCPA or Korean Anti-Corruption Law Concerns<\/h2>\n

    The following activities often lead to investigations or violations for foreign companies doing business in Korea:<\/p>\n

    1. Paying for Travel, Lodging, or Related Hospitality<\/h3>\n

    A violation may exist where:<\/p>\n