The South Korean Shareholder Movement Headquarters announced Friday it will file civil damage lawsuits against Samsung Electronics management and its labor union [1].

The legal action signals a growing conflict between investor rights and labor demands at one of the world's largest technology companies. The dispute centers on whether specific bonus structures can be legally mandated through collective bargaining without infringing on corporate capital integrity.

The shareholder group said that the labor union's demand to codify a bonus equal to 15% [1] of operating profit violates the principle of capital maintenance under commercial law. According to the group, such a requirement directly contradicts legal standards and infringes upon the property rights of shareholders [1].

Samsung Electronics management faced pressure on the same day the legal threat was issued. The company's presidents said they caused great burden and concern to the public, the government, and shareholders due to labor-management issues [2].

Despite the legal escalation, the labor union remains firm in its position. Union representatives said they are willing to negotiate after the current general strike ends on June 7 [2]. The strike has impacted operations at the company's Suwon headquarters and Pyeongtaek campus [2].

The shareholder group said that the formalization of the 15% operating profit bonus is a direct violation of the Commercial Act [1]. By seeking damages from both the union and the executives, the group aims to prevent the implementation of the requested payout structure.

“‘영업이익 15% 성과급 일률 지급’ 명문화가 상법상 자본충실의 원칙을 정면으로 위반한다.”

This legal challenge highlights a critical tension in South Korean corporate governance. By invoking the 'principle of capital maintenance,' shareholders are arguing that labor agreements cannot override the statutory protections of a company's capital base. If the court finds that a fixed percentage of operating profit as a bonus violates the Commercial Act, it could set a significant precedent limiting the scope of collective bargaining agreements for other major conglomerates in the region.