(1) Where any of the following is applicable to a person liable to pay a penalty surcharge, an administrative fine, or any other charge imposed under this Act (hereinafter referred to as "charge, etc."), the Fair Trade Commission may make a disposition on deficits:
1. Where the amount appropriated for the amount in arrears after the disposition on delinquency falls short of the amount in arrears;
2. Where extinctive prescription of the right to collect a charge, etc. is completed;
3. Where it is ascertained that the whereabouts of a person in arrears is unknown or a person in arrears has no property;
4. Where it is confirmed that there would be no remainder after the estimated value of the property subject to disposition on delinquency is appropriated for expenses for disposition on delinquency;
5. Where it is confirmed that there would be no remainder after the estimated value of the property subject to disposition on delinquency is appropriated to pay national taxes, local taxes, claims, etc. secured by a right to lease on a deposit basis, a pledge right, or mortgage, which have preference over a charge, etc.;
6. Where it is unlikely to collect a charge, etc. for reasons prescribed by Presidential Decree.
(2) To make a disposition on deficits pursuant to paragraph (1), a relevant agency, such as a local administrative agency, shall be inquired of the whereabouts of a person in arrears or of whether such person has any property, and the result shall be confirmed.
(3) Where a disposition on deficits is made on any ground specified in paragraph (1)4 or 5, the disposition on delinquency shall be suspended and the seizure of the relevant property shall be released.
(4) Upon discovering seizable property after having made a disposition on deficits pursuant to paragraph (1), the Fair Trade Commission shall without delay revoke such disposition and make a disposition on delinquency; provided, this shall not apply in the case of paragraph (1)2.