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Electronic Financial Transactions Act — Article 46-2 (Refund of overpayments or erroneous payments)

전자금융거래법 제46조의2

(1) Where a person obliged to pay a penalty surcharge requests a refund of the overpaid or erroneously paid penalty surcharge on grounds of adjudication on the objection or a court ruling, the Financial Services Commission shall, without delay, make a refund thereof, and shall refund the overpaid or erroneously paid penalty surcharge confirmed by the Financial Services Commission, even without a request from the person obliged to pay such penalty surcharge.

(2) If a person entitled to a refund has to pay other penalty surcharges to the Financial Services Commission, the Financial Services Commission may appropriate the refund for such penalty surcharges when making a refund of overpayments or erroneous payments under paragraph (1).

(3) When making a refund of overpayments or erroneous payments under paragraph (1), the Financial Services Commission shall refund additional money calculated by applying the interest rate on additional money prescribed by Presidential Decree, for the period from the day following the payment date of the penalty surcharge to the date of refund.[This Article Added on May 22, 2013]

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