| (1) | The Financial Services Commission may impose a penalty surcharge on a person who conducts a short sale of listed securities in a prohibited manner, or who entrusts, or is entrusted with, an order for the short sale in violation of Article 180, within an amount not exceeding the amount in violation classified as follows: |
| 1. | The amount ordered for a short sale, in violation of Article 180, where it is for a short sale or entrusts the order for a short sale; |
| 2. | Where he or she is entrusted with an order for short sale, the amount of the order for short sale which is in violation of Article 180. |
| (2) | The Financial Services Commission may impose a penalty surcharge not exceeding 500 million won on a person who violates Article 180-4: Provided, That if the amount equivalent to 1.5 times the profit (including unrealized gain; hereafter in this paragraph) the same shall apply 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. |
| (3) | Where a penalty surcharge is imposed under paragraph (1) for the same violation for which a fine is imposed pursuant to Article 443 (1) 10, the Financial Services Commission may revoke the imposition of the penalty surcharge or exclude all or part of an amount equivalent to the fine from the penalty surcharge. |
[This Article Added on Jan. 5, 2021]