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Government Legislation

  • [Other] Enforcement Decree of the Monopoly Regulation and Fair Trade Act
    • Competent Ministry : Fair Trade Commission
    • Advance Publication of Legislation : 2026-07-27
    • Opinion Submission Deadline : 2026-09-06

1. Establishment of Regulations on Evasion Activities Related to CVC Indirect Investment


Reason for Amendment: Under the current act, the scope of prohibited "investment" for holding company-owned Corporate Venture Capital (CVC) does not include indirect investment via Limited Partner (LP) contributions, leading to potential regulatory evasion exploiting this loophole.


Details of Amendment: Regulates a CVC's capital contribution to external funds—whose primary objective is to invest in restricted companies*—as an unlawful evasion activity.

* Affiliated companies, companies invested in by the controlling family, member companies of business groups subject to public disclosure, etc. (Subparagraphs 5(a) through 5(d) of Article 20, Paragraph 3 of the Monopoly Regulation and Fair Trade Act).


2. Supplementation of Evasion Activity Categories for Debt Guarantees


Reason for Amendment: Emergence of new evasion methods bypassing the existing debt guarantee prohibition system, such as cross-shareholding groups executing concurrent debt assumptions mediated by Special Purpose Companies (SPCs).


Details of Amendment: Regulates concurrent debt assumption transactions executed by cross-shareholding groups through intermediate SPCs in credit transactions with financial institutions as unlawful evasion activities.


3. Tightening of Requirements for Kinship Separation


Reason for Amendment: Cases where a separated relative retained their "separated kin" status even when a company—previously excluded from affiliates via independent kinship management—was re-affiliated, resulting in the relative serving as an executive in a company belonging to the same controlling person's side.


Details of Amendment: Adds "a relative serving as an executive of a company belonging to the same controlling person's side" to the conditions for revoking kinship separation.


Regulatory effect assessment
Legislative proposal (draft)