Greenoaks Takes Legal Action to Stop Korea's Discrimination Against Coupang and Other U.S. Companies
Leading
Actions follow Korean Government's unprecedented assault on
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The actions follow sustained ROK Government interference in the Korean business operations of
In response, the U.S. Investors have served formal notice of their intent to file arbitration claims against the ROK Government under the
Separately, the U.S. Investors have petitioned the
The Notice of Intent under KORUS and the full Petition under Section 301 of the Trade Act are attached for download.
As detailed in these documents, the
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A multi-year pattern of selective government enforcement and escalating regulatory pressure singling out
Coupang , marked by extraordinary investigations, audits, and on-site inspections that appear to far exceed the regulatory scrutiny imposed on domestic Korean and Chinese competitors. AsCoupang took increasing market share from Korean and Chinese competitors, enforcement actions across theKorea Fair Trade Commission ,National Tax Service ,Ministry of Employment and Labor ,Financial Supervisory Service , and others increased, resulting in hundreds of audits, inspections, and raids and more penalties againstCoupang than any other company in Korean history. -
False and defamatory claims by the ruling
Democratic Party of Korea (“DPK”) administration about Coupang’s limited and contained 2025 data incident. Following a data breach by aChina -based threat actor, the threat actor downloaded and retained data from only approximately 3,000 accounts which did not include financial information, government ID numbers, or login credentials. Yet senior DPK officials ignored that evidence and falsely framed the incident as involving tens of millions of “victims” and even suggested it implicated home-entry passcodes, in an apparent attempt to inflame Korean public opinion and provide cover for efforts to eliminateCoupang and benefit domestic and Chinese competitors. -
A disproportionate and whole-of-government escalation. In the weeks following disclosure of the data incident, the DPK administration mounted a sweeping, multiagency campaign against
Coupang . More than a dozen government bodies were mobilized over several weeks, including law enforcement, tax, labor, financial, media, customs, land use, and national intelligence agencies, many with no role in data or cybersecurity matters. Among many other actions, authorities conducted repeated raids, blocked commercial agreements unrelated to the data breach, pressured the national pension to divest itsCoupang holdings, and marshaled overwhelming resources, including hundreds of officials, to launch an administrative assault on the company, including a 150-memberNational Tax Service task force and an 86-member police task force focused solely on investigating the company. -
Open threats to destroy the company through enforcement. Senior DPK officials have publicly called for penalties and sanctions explicitly designed to force
Coupang out of business, including statements advocating fines large enough to cause the company’s collapse. Korean Prime MinisterKim Min -seok urged regulators to approach enforcement againstCoupang for the data breach “with the same determination used to wipe out mafias,” and officials repeatedly raised the possibility of bankrupting the company, revoking its licenses, imposing the largest fine in Korean history against it, and forcing it to divest its affiliates. -
Criminal referrals for company executives who are
U.S. nationals. The DPK administration has also referred severalCoupang executives for criminal prosecution, including the company’s Chairman Bom Kim and Chief Administrative OfficerHarold Rogers , who are bothU.S. nationals. -
Billions of dollars in lost market capitalization as a result of the DPK administration's targeted and hostile interference following the data incident. These losses have been borne directly by
U.S. shareholders – including individual investors and institutional funds holding the retirement savings of millions of American workers.
“When a close ally penalizes a
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Source: Greenoaks