(1) Where a person sustains damage because a business entity or trade association violates this Act, the business entity or trade association shall be liable to compensate for the damage; provided, this shall not apply where the business entity or trade association verifies that the damage was caused neither by intention nor by negligence.
(2) Notwithstanding paragraph (1), where a person sustains damage because a business entity or trade association violates Article 40, 48 or 51(1)1, the business entity or trade association shall be liable to compensate for the damage to the extent not exceeding three times the damage caused to the person; provided, where the business entity or trade association verifies that the damage was caused neither by intention nor by negligence, such business entity or trade association shall not be liable to compensate for the damage; and where the business entity falls under any subparagraph of Article 44(1), the amount of compensation shall not exceed the damage caused to the person who has been damaged by the violation of Article 40 committed by the relevant business entity.
(3) In determining the amount of compensation under paragraph (2), a court shall take into consideration the following:
1. The degree of awareness of intent or likelihood of occurrence of damage;
2. The severity of the damage caused by the relevant violation;
3. Economic benefits that the relevant business entity or trade association acquired by committing the relevant violation;
4. Fines and penalty surcharges against the relevant violation;
5. The duration, frequency, etc. of the relevant violation;
6. The financial status of the relevant business entity;
7. The degree of the efforts made by the relevant business entity or trade association to remedy the damage.
(4) Where a business entity specified in any subparagraph of Article 44(1) bears the liability for compensation under paragraph (2), the entity shall be held liable as a joint tort-feasor under Article 760 of the Civil Act to the extent not exceeding the damage caused to a person who has been damaged by a joint violation of Article 40 committed by the relevant business entity and another business entity.