| (1) | The Financial Services Commission shall impose on any of the following persons a penalty surcharge not exceeding an amount equivalent to twice the profits (including unrealized profits; hereafter the same shall apply in this Article) gained from the relevant violation or the amount of loss avoided thereby; may be imposed. Provided, That a penalty surcharge not exceeding four billion won may be imposed if there is no profit gained from the transaction related to the relevant violation or the amount of loss avoided due to such profit or loss is difficult to calculate. |
| 1. | A person who divulges information that may affect market prices in the derivatives market, uses it for the trading of exchange-traded derivatives and their underlying assets or other transactions, or allows any other person to use it, in violation of Article 173-2 (2); |
| 2. | A person who uses undisclosed, important information, in violation of article 174; |
| 3. | A person who manipulates a market price, etc., in violation of article 176; |
| 4. | A person who engages in unfair trade, etc., in violation of article 178; |
| (2) | In imposing penalty surcharges pursuant to paragraph (1), if a fine is imposed pursuant to Article 443 (1) or subparagraph 22-2 of Article 445, the Financial Services Commission shall revoke the imposition of the penalty surcharge under paragraph (1) or exclude all or part of an amount equivalent to the fine (including the relevant amount in cases of confiscation or additional collection) from the penalty surcharge. |
| (3) | If the Financial Services Commission requests investigation-related data in order to impose a fine pursuant to paragraph (1), the Prosecutor General may provide it to the extent deemed necessary. |
| (4) | The Financial Services Commission may impose a penalty surcharge not exceeding 500 million won on a person who violates Article 178-2: Provided, That if the amount equivalent to 1.5 times the profits accrued from a trade related to such violation or the loss avoided by such violation exceeds 500 million won, it may impose a penalty surcharge not exceeding the amount equivalent to 1.5 times the amount of profit or avoided loss. |
[This Article Wholly Amended on Jul. 18, 2023]