(1) If a location information provider, etc. commits any of the following acts, the Korea Media and Communications Commission may impose penalty surcharges not exceeding 3/100 of the sales relating to the violation: <Amended on Oct. 1, 2025>
1. Where a location information provider, etc. fails to take managerial and technical measures under Article 16 (1) or fails to record and retain data verifying the collection, use, and provision of location information under Article 16 (2) (hereinafter referred to as "data verifying the collection, use, and provision of location information");
2. Where a location information provider, etc. fails to obtain consent from the subjects of personal location information collects personal location information beyond the scope of consent, in violation of Article 18 (1) or (2);
3. Where a location information provider, etc. fails to obtain consent from the subjects of personal location information or uses or provides personal location information beyond the scope of consent, in violation of Article 19 (1), (2), or (5);
4. Where a location information provider, etc. uses or provides to a third party, personal location information beyond the scope specified in the terms and conditions or notified to the relevant subjects, in violation of Article 21.
(2) Where the suspension of business operations under Article 13 (1) is likely to substantially undermine the interests of the subjects of personal location information, the Korea Media and Communications Commission may impose a penalty surcharge not exceeding 3/100 of the sales of the relevant location information business or location-based service business in lieu of an order for suspension of business operations. <Amended on Oct. 1, 2025>
(3) Where penalty surcharges are imposed in accordance with paragraph (1) or (2), but a location information provider, etc. either refuses to submit basic materials for the calculation of sales or submits false documents, his or her sales may be estimated based on the accounting documents, such as financial statements, and operational status, such as the number of subscribers and usage fees, of similar-sized location information providers, etc.; provided, a penalty surcharge of up to 400 won million may be imposed on a personal location information provider or a location-based service provider having no revenues or revenues difficult to be calculated as prescribed by Presidential Decree.
(4) In imposing penalty surcharges under paragraph (1), the Korea Media and Communications Commission shall consider the following matters: <Amended on Oct. 1, 2025>
1. Details and severity of violations;
2. The duration and frequency of violations;
3. The amount of profits acquired from the violation.
(5) Standards for imposing penalty surcharges under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
(6) If a person liable to pay a penalty surcharge under paragraphs (1) and (2) fails to do so by the payment deadline, the Korea Media and Communications Commission shall collect additional charges equivalent to 6/100 per annum of the unpaid penalty surcharge from the day following the payment deadline. In such cases, the period for the collection of the penalty surcharge shall not exceed 60 months. <Amended on Oct. 1, 2025>
(7) Where a person liable to pay a penalty surcharge under paragraphs (1) and (2) fails to do so by the payment deadline, the Korea Media and Communications Commission shall demand that the payment be made within a specified period; and where the penalty surcharge and additional charges under paragraph (6) are not paid within the specified period, the Korea Media and Communications Commission shall collect such penalty surcharge and additional charges in the same manner as national taxes are collected. <Amended on Oct. 1, 2025>
(8) Article 106 of the Monopoly Regulation and Fair Trade Act shall apply mutatis mutandis to additional payment on refund of penalty surcharges under this Act. In such cases, "Fair Trade Commission" shall be construed as "Korea Media and Communications Commission". <Amended on Oct. 1, 2025>[This Article Wholly Amended on Oct. 19, 2021]