| (1) | Where any of the following conducts are committed (referring to the Protection Commission where an enterprise or corporation involved in commercial transactions defined in Article 45-3 (1) commits such conduct), the Financial Services Commission may impose a penalty surcharge in an amount equivalent to up to 3/100 of the total sales: Provided, That where a conduct falling under subparagraph 1 is committed, it may impose a penalty surcharge not exceeding five billion won: <Amended on Feb. 4, 2020> |
| 1. | Where any personal credit information is lost, stolen, divulged, altered or compromised, in violation of Article 19 (1); |
| 1-2. | Where a person provides personal credit information to a third party without the consent of the credit data subject in violation of Article 32 (1) or (2) even in cases not falling under Article 32 (6) 9-2 and where a person knowingly receives such personal credit information for a profit-making or improper purposes; |
| 1-3. | Where personal credit information is used even in cases not falling under Article 32 (6) 9-2 or 33 (1) 4, in violation of Article 33 (1); |
| 1-4. | A person who processes pseudonymized information in ways to uniquely identifying an individual for profit-making or improper purposes, in violation of Article 40-2 (6); |
| 2. | Where it discloses or uses any personal confidential information for any purpose other than for business purpose, in violation of Article 42 (1); |
| 3. | Where it provides any personal confidential information to any other person or uses it knowing that it has been illegally divulged, in violation of Article 42 (3). |
| (2) | In imposing penalty surcharges under paragraph (1), when a credit information company, etc. refuses to submit data for calculation of sales amount or submits false data, the sales amount may be estimated on the basis of the data, such as the financial statements or other financial data, of a credit information company, etc. the scale of which is similar to that of the relevant credit information company, etc.: Provided, That if no sales amount exists, or in cases prescribed by Presidential Decree where it is impractical to calculate sales amount, a penalty surcharge may be imposed not exceeding 20 billion won. |
| (3) | In imposing a penalty surcharge under paragraph (1), the Financial Services Commission or the Protection Commission shall take the following matters into consideration: <Amended on Feb. 4, 2020> |
| 1. | Details and severity of the violation; |
| 2. | Duration and frequency of the violation; |
| 3. | Amount of gains acquired by committing the violation. |
| (4) | A penalty surcharge under paragraph (1) shall be calculated based on matters prescribed in paragraph (3), and the detailed standards and procedures for calculation thereof shall be prescribed by Presidential Decree. |
| (5) | If a person subject to payment of a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Financial Services Commission or the Protection Commission shall collect the late payment penalty equivalent to 6/100 per annum of the unpaid penalty surcharge from the day following the payment deadline. In such cases, the period for collecting of the penalty surcharge shall not exceed 60 months. <Amended on Apr. 18, 2017; Feb. 4, 2020> |
| (6) | If a person obligated to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Financial Services Commission or the Protection Commission shall demand the payment by a fixed deadline, and if the penalty surcharge and the late payment penalty referred to in paragraph (5) are not paid within the specified period, they shall be collected in the same manner as the delinquent national taxes. <Amended on Feb. 4, 2020> |
| (7) | Where any penalty surcharge imposed under paragraph (1) is to be refunded in accordance with the judgment of the court, etc., an interest on the refund equivalent to 6/100 per annum shall be paid from the date the penalty surcharge is paid until the date of refund. |
| (8) | If a person prescribed by Presidential Decree, such as a recruiter who deals with a financial information provider or user after entering into an entrustment contract (referring to a recruiter under subparagraph 2 of Article 14-2 of the Specialized Credit Finance Business Act) falls under any subparagraph of paragraph (1), he/she shall be deemed an employee of the relevant credit information provider or user to the extent of the relevant violation: Provided, That this shall not apply where the relevant credit information provider or user has taken reasonable care and supervision in order to prevent such violation of the recruiter, etc. |
| (9) | Other matters necessary for the imposition and collection of penalty surcharges shall be prescribed by Presidential Decree. |
[This Article Added on Mar. 11, 2015]