(1) No director shall use business opportunities of the company falling under any of the following subparagraphs and likely to be of present or future benefit to the company, on his/her own account or on the account of a third party, without the approval of the board of directors. In such cases, the approval of the board of directors shall be granted with two thirds or more of the total number of directors:
1. A business opportunity that has become known to the director in the course of performing his/her duty, or a business opportunity taking advantage of information of the company;
2. A business opportunity closely related to the business that is being currently conducted or is to be conducted by the company.
(2) A director who has violated paragraph (1) and thereby incurred damage to the company and the director who approved the same shall be jointly and severally liable for the damage; and the benefits earned by the director or a third party from the violation shall be presumed to be the damage suffered by the company.[This Article Newly Inserted by Act No. 10600, Apr. 14, 2011]