(1) A prime contractor shall be liable to compensate a person who sustains an injury or loss as a consequence of a prime contractor’s violation of any of the provisions of this Act for the injury or loss inflicted upon the person; provided, this shall not apply where the prime contractor proves that such injury or loss has not been caused by an intentional act or negligence of the prime contractor. <Amended on May 28, 2013>
(2) If a prime contractor inflicts an injury or loss upon a person by violating Article 4, 8 (1), 10, 11 (1) or (2), 12-3 (4) and 19, the prime contractor shall be liable to compensate the injury or loss inflicted upon the person within the scope prescribed in the following subparagraphs; provided, this shall not apply where the prime contractor proves the lack of intent or negligence on the part of the prime contractor. <Amended on May 28, 2013; Jan. 16, 2018; Aug. 17, 2021; Feb. 27, 2024>
1. Where Article 4, 8 (1), 10, 11 (1) and (2), and 19 have been violated: Not more than 3 times the amount of damage;
2. Where Article 12-3 (4) is violated: Not more than 5 times the amount of damage.
(3) A court shall take the following matters into consideration when it determines the amount of compensation in accordance with paragraph (2): <Added on May 28, 2013>
1. The degree of awareness of intention or likelihood of occurrence of damage;
2. The severity of the damage inflicted upon a subcontractor and third parties by the violation;
3. Economic benefit that the prime contractor acquired by the violation;
4. Fines and penalty surcharges against the offense;
5. The duration, frequency, etc. of relevant violations;
6. The prime contractor’s financial standing;
7. The degree of the prime contractor’s efforts to remedy injuries and losses.
(4) Where a claim for damages is filed under paragraph (1) or (2), Article 110 and 115 of the Monopoly Regulation and Fair Trade Act shall apply mutatis mutandis. <Amended on May 28, 2013; Dec. 29, 2020>[This Article Added on Mar. 29, 2011]