The Korea Fair Trade Commission (KFTC) is in the final stages of reviewing whether to replace the Coupang corporate entity with Kim, chairman of Nasdaq-listed parent Coupang, as the group's designated "same person," industry and regulatory sources said Sunday. A ruling must be issued by the May 1 statutory deadline.
Investigators are zeroing in on whether Kim's younger brother, Vice President Yoo Kim, and other relatives hold stakes in or take part in the management of Coupang's Korean affiliates — one of the conditions that would disqualify the group from keeping a corporate designation.
Coupang has pushed back, arguing that no grounds exist for a change. The company has reportedly told regulators that Yoo Kim is an unregistered executive at Coupang, not at any Korean affiliate, and therefore does not take part in local management.
However, sources say the vice president received about 14 billion won ($9.48 million) in compensation and incentives from Coupang over the four years through 2025, including $430,000 in pay and 74,401 restricted stock units last year alone.
Whether the KFTC accepts that argument again this year is far from certain.
Tensions between the two sides have flared over document submissions, with the watchdog examining whether Coupang's partial refusal to hand over requested materials may constitute a violation of the Fair Trade Act, which carries penalties of up to two years in prison or fines of 150 million won.
Chairman Kim was issued an official warning in 2021 after omitting 15 relatives from a disclosure filing, though regulators declined to refer the case for prosecution.
Coupang's designation has long been an outlier. It is one of only eight of the 46 conglomerates subject to cross-shareholding restrictions last year whose designated head is not a natural person — a group that otherwise consists largely of state-linked or ownerless firms such as POSCO, KT and Nonghyup.
The watchdog first designated Coupang as a large business group in 2021, citing enforcement difficulties in applying the rules to a foreign national, and has maintained the corporate designation ever since.
A shift to an individual designation would subject Kim to disclosure obligations covering his personal dealings and expose any companies owned by him or his relatives to regulations barring preferential intra-group transactions — closing a loophole that critics argue lets the founder control the group without the accountability borne by Korean chaebol chiefs.
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