[Related Article / The Korea Economic Daily] Expanding Class Actions: Are They Necessarily a Corporate 'Burden'? [SEO & LEE’s Law and Business]

Legislative momentum is building to extend Korea’s class action regime beyond its traditional confines in the securities sector to areas such as data breaches, product liability, and general torts. In April, a set of related bills—some reflecting proposals from the Ministry of Justice—were referred to the National Assembly’s Legislation and Judiciary Committee for review. Unlike prior efforts that repeatedly stalled, the current push signals a materially heightened prospect of enactment.

Two issues lie at the core of the debate. First is whether to adopt an opt-out framework, under which a judgment binds all affected parties who do not expressly exclude themselves—an approach followed in the United States. By contrast, civil law jurisdictions such as Germany and Japan retain opt-in systems, limiting effect to those who affirmatively join. Policymakers remain divided on whether to introduce a blanket opt-out regime or to calibrate between opt-in and opt-out models depending on the nature of the claim.