(1) The Fair Trade Commission shall take into account the following matters in imposing a penalty surcharge pursuant to Article 8,38,43,50, or 53:
1. The details and seriousness of the relevant violation;
2. The duration and frequency of the relevant violation;
3. The amount of benefits, etc. acquired by committing the relevant violation.
(2) Where a business entity that is a company has violated this Act and ceases to exist due to a merger, the Fair Trade Commission may impose and collect a penalty surcharge on a company surviving the merger or established through the merger, deeming that the violation of the first-mentioned company has been committed by the second-mentioned company.
(3) Where a business entity that is a company has violated this Act and is divided or merged after division, the Fair Trade Commission may impose and collect a penalty surcharge, deeming that the violation of the relevant company committed before the date of such division or merger after division has been committed by any of the following companies:
1. A company to be divided;
2. A new company established through the division or merger after division;
3. Another company that has merged with a part of a company to be divided and survives after such merger.
(4) Where a business entity that is a company has violated this Act and establishes a new company pursuant to Article 215 of the Debtor Rehabilitation and Bankruptcy Act, the Fair Trade Commission may impose and collect a penalty surcharge, deeming that the violation has been committed either by the existing company or by the new company.
(5) Criteria for imposing penalty surcharges under paragraph (1) shall be prescribed by Presidential Decree.