Korean Law in English
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Foreign Exchange Transactions Act — Article 12-2 (Penalty Surcharges)

외국환거래법 제12조의2

This English translation is based on the Korean text effective 2021-09-16. The Korean law has since been amended (current version effective 2026-01-02) — check the Korean original.

(1) Where the Minister of Economy and Finance is to limit or suspend all or part of the business of a person who has committed a violation falling under any of the subparagraphs of Article 12 (1), he or she may impose a penalty surcharge in lieu thereof, within the extent of interests gained from the violation.

(2) Where a penalty surcharge is imposed under paragraph (1), matters in the following subparagraphs shall be considered according to the standards prescribed by Presidential Decree:

1. Details and seriousness of the offense;

2. Period and number of the offense;

3. Amount of benefits gained from violation.

(3) Imposition of penalty surcharges, extension of deadline for the payment of penalty surcharges, payments in installments, guarantees, and other matters necessary for the collection of penalty surcharges shall be prescribed by Presidential Decree.

(4) Where a person obliged to pay a penalty surcharge fails to pay it by the payment deadline, the Minister of Economy and Finance may collect it pursuant to the precedents of disposition of national taxes in arrears.[This Article Newly Inserted on Jan. 30, 2009]

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