(1) The Fair Trade Commission may impose on a company that has acquired or owned shares in violation of Article 21 or 22, a penalty surcharge not exceeding 20/100 of the acquisition value of the shares so acquired or owned.
(2) The Fair Trade Commission may impose on a company that has provided a debt guarantee in violation of Article 24, a penalty surcharge not exceeding 20/100 of the amount of the debt guarantee so provided.
(3) The Fair Trade Commission may impose on a person who has violated Article 18(2) through (5) or 20(2) or (3), a penalty surcharge not exceeding 20/100 of the following applicable amount: <Amended on Jan. 21, 2025>
1. Where Article 18(2)1 is violated: The amount of liabilities exceeding twice the total capital on the statement of financial position prescribed by Presidential Decree (hereafter in this paragraph referred to as "standard statement of financial position");
2. Where Article 18(2)2 is violated: The aggregate book value of a subsidiary's shares on the standard statement of financial position, multiplied by the following applicable ratio minus the ownership ratio of shares in the subsidiary, and then divided by the ownership ratio of shares in the subsidiary:a. 30/100, where the relevant subsidiary is a listed corporation, an overseas listed corporation, or a joint stock corporation;b. 20/100, where the relevant subsidiary is a subsidiary of a venture holding company;c. 50/100, where the relevant subsidiary is not applicable under items a and b;
3. Where Article 18(2)3 through 5,(3)2 or 3,(4)1 through 4, or (5) is violated: The aggregate book value of the shares owned in violation of such provisions on the standard statement of financial position;
4. Where Article 18(3)1 is violated: The aggregate book value of a second-tier subsidiary's shares on the standard statement of financial position, multiplied by the following applicable ratio minus the ownership ratio of shares in the second-tier subsidiary, and then divided by the ownership ratio of shares in the second-tier subsidiary:a. 30/100, where the relevant second-tier subsidiary is a listed corporation, an overseas listed corporation, or a joint stock corporation;b. 20/100, where the relevant second-tier subsidiary is a subsidiary of a venture holding company;c. 50/100, where the relevant second-tier subsidiary is not applicable under items a and b;
5. Where Article 18(4)5 is violated: The aggregate book value of shares of a domestic affiliate in which the relevant second-tier subsidiary that is a venture holding company owns less than 50/100 of the total number of issued shares, as presented on the standard statement of financial position, multiplied by 50/100 minus the ownership ratio of shares in the domestic affiliate, and then divided by the ownership ratio of shares in the domestic affiliate;
6. Where Article 20(2) is violated: The aggregate book value of the relevant subsidiary's shares on the standard statement of financial position, divided by the ownership ratio of shares in the subsidiary, and then multiplied by the ratio of shares that are not held by the person among the shares issued by the relevant subsidiary;
7. Where Article 20(3)1 is violated: The amount of liabilities exceeding twice the total capital on the standard statement of financial position;
8. Where Article 20(3)4 is violated: The amount of investment equivalent to the amount of violation;
9. Where Article 20(3)5 is violated: The aggregate book value of shares, bonds, etc. owned in violation of such provisions, as presented on the standard statement of financial position;
10. Where Article 20(3)6 is violated: The aggregate book value of shares, bonds, etc. which are made to be owned in violation of such provisions, as presented on the standard statement of financial position.