국제뇌물방지법상 국제상거래의 의미와 자회사의 행위에 대한 모회사의 책임: 대구고등법원 2025. 2. 19. 선고 2024노53 판결을 중심으로

초록

This paper offers a critical analysis of the appellate decision in the DGB Financial Group case (Daegu High Court, Decision 2024No53), where its subsidiary bribed Cambodian officials to obtain a commercial bank license. The decision exhibits serious flaws by construing “international business transaction” overly narrowly and by denying parent-company liability, thereby disregarding the spirit of the OECD Anti-Bribery Convention and prevailing international norms. The court’s premise that local law enforcement suffices for foreign bribery overlooks the Convention’s foundational purpose of filling enforcement gaps created by corruption in local justice systems. Furthermore, by improperly importing tax-law concepts, the court unduly narrows the scope of the offense, contrary to the legislations and settled doctrine in major jurisdictions that encompasses all acts materially contributing to the acquisition or maintenance of business. Finally, its categorical rejection of parent liability based on the principle of separate corporate personality is an anachronistic interpretation that ignores the global trend toward strengthening group-level responsibility based on real-world control and benefit attribution. The decision’s restrictive approach erodes Korea’s international credibility and exposes its companies to greater legal peril, warranting a forward-looking ruling by the Supreme Court.

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