Korean Law in English
Laws › Monopoly Regulation and Fair Trade Act › CHAPTER XI IMPOSITION AND COLLECTION OF PENALTY SURCHARGES

Monopoly Regulation and Fair Trade Act — Article 105 (Collection of penalty surcharges and disposition on delinquency)

독점규제 및 공정거래에 관한 법률 제105조

This English translation is based on the Korean text effective 2026-05-12. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Where a person liable to pay a penalty surcharge fails to pay it by the deadline for payment, the Fair Trade Commission shall collect an additional charges within 40/100 per annum for the period beginning on the date following the deadline for payment and ending on the date payment is made, taking into consideration the overdue interest rate of a bank under the Banking Act, as prescribed by Presidential Decree. In such cases, the period for which additional charges are required to be collected shall not exceed 60 months.

(2) Where a person liable to pay a penalty surcharge fails to pay it by the deadline for payment, the Fair Trade Commission may demand the payment thereof within a specified period; and if the person fails to pay such penalty surcharge and additional charges under paragraph (1) within the specified period, it may collect the penalty surcharge and additional charges in the same manner as delinquent national taxes.

(3) The Fair Trade Commission may entrust the Commissioner of the National Tax Service with the duties of collection of penalty surcharges and additional charges or disposition on delinquency under paragraphs (1) and (2), as prescribed by Presidential Decree.

(4) The Fair Trade Commission may request the Commissioner of the National Tax Service to provide information on national taxation regarding persons who are in arrears of penalty surcharges, if deemed necessary to collect penalty surcharges in arrears.

(5) Public officials in charge of penalty surcharges may request the heads of registry offices and other relevant administrative agencies to present required documents for inspection or copying, or to deliver their certified copies or certified extracts, free of charge, where necessary to collect penalty surcharges.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the collection of penalty surcharges shall be prescribed by Presidential Decree.

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