I want to file a complaint against an employee who committed breach of trust through bribery. How should I proceed?

Hello. This is a business specialist attorney at Daeryun Law Firm.

The matter you mentioned is a case that, beyond internal misconduct, has a high possibility of constituting the crime of breach of trust through bribery under criminal law.

The crime of breach of trust through bribery is a crime that is established when an officer or employee of a company commits an act that causes damage to the company or promises to do so in connection with their duties, and receives money, goods, or benefits as compensation.

That is, if an employee who should protect the company's interests made decisions unfavorable to the company in exchange for compensation from outsiders such as business partners, it is difficult to avoid criminal liability.

For breach of trust through bribery to be established, the following are key.

-Whether the employee was in a position with authority over duties

-Whether they actually received money, goods, hospitality, or other benefits from the business partner

-Whether contracts unfavorable to the company, decision-making, or damages occurred in exchange

If contract conditions deteriorated, there are circumstances of competition exclusion, and internal audit data exists, the starting point for proof appears sufficient.

In principle, the subject of breach of trust through bribery is the individual employee, and if the company did not participate as an accomplice, criminal liability does not directly attribute to the company.

However, if there were circumstances such as no internal control system at all, the same act being repeated for a long time, or the representative or executive knowing about it and neglecting it, the issue of management responsibility may also be raised.

Therefore, it is important to clearly clarify the company's management and supervision measures simultaneously with the complaint.

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

-Materials that can prove the receipt of money, goods, and hospitality (account history, card use, hospitality circumstances, statements, etc.)

-The scope of the relevant employee's duties and the degree of contract involvement

-The contents of damages suffered by the company due to the problematic transaction

-Whether internal audit and disciplinary procedures are in progress

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

Breach of trust through bribery cases do not stop at punishing individual employees but can extend to corporate trust, external image, and civil disputes.

Therefore, it is desirable to design together criminal complaint strategies, organization of internal control responsibilities, and preparation for future civil damages or contract disputes.

Our firm's business specialist attorneys can help predict risks that may occur to your company by collaborating with criminal specialist attorneys and civil specialist attorneys to establish strategies in advance.

I recommend that you proceed with consultation with a business attorney regarding breach of trust through bribery right now.