I intend to file a complaint against an employee who committed the crime of taking a bribe in breach of trust. How should I proceed?

Hello. This is a corporate attorney at Daeryun Law LLC.

The matter you describe appears to go beyond an internal misconduct issue and to have a high likelihood of constituting the crime of taking a bribe in breach of trust under the Criminal Act.

The crime of taking a bribe in breach of trust is an offense that is established when an officer or employee of a company, in connection with their duties, commits or promises to commit an act that harms the company and receives money, goods, or benefits in return.

In other words, if an employee who should protect the company's interests receives consideration from an outsider such as a supplier and makes a decision unfavorable to the company, it is difficult to avoid criminal liability.

For the crime of taking a bribe in breach of trust to be established, the following are the key points.

- Whether the employee held a position with authority in the course of their duties

- Whether the employee actually received benefits such as money, goods, or entertainment from the supplier

- Whether, in return, there was a contract, decision, or harm unfavorable to the company

If there are already circumstances such as worsened contract terms, the exclusion of competition, and internal audit materials, the starting point for proof appears to be sufficiently in place.

In principle, the subject of taking a bribe in breach of trust is the individual employee, and if the company did not participate as an accomplice, criminal liability is not immediately attributed to it.

However, if there are circumstances such as the complete absence of an internal control system, the repetition of the same conduct over a long period, or the CEO or an executive knowing of it and leaving it unaddressed, an issue of management responsibility may also be raised.

Therefore, it is important to clearly establish the company's management and supervisory measures at the same time as filing the complaint.

Before filing a criminal complaint, you should organize the following matters.

- Materials that can prove the fact of receiving money, goods, or entertainment (account records, card use, circumstances of entertainment, statements, and the like)

- The scope of the employee's duties and the extent of their involvement in the contract

- The details of the harm the company suffered due to the transaction at issue

- Whether an internal audit and disciplinary procedures are underway

This organization must come first so that the essence of the case is not distorted during the investigation after the complaint.

A case of taking a bribe in breach of trust may extend beyond the punishment of the individual employee to the company's credibility, external image, and civil disputes.

Therefore, it is advisable to design together the criminal complaint strategy, the organization of internal control responsibility, and preparation for future civil claims for damages or contract disputes.

The corporate attorneys at our firm can, in collaboration with criminal attorneys and civil attorneys, help predict the risks that may arise for your company and establish a strategy in advance.

We recommend that you proceed with a consultation with a corporate attorney regarding the crime of taking a bribe in breach of trust right away.