(1) Where a business owner or a responsible managing officer, etc. has violated any duty prescribed in this Act intentionally or by gross negligence, resulting in a serious accident, the relevant business owner, corporation, or institution shall be liable for damages to the person who has sustained the damage caused by the serious accident within the limit not exceeding five times the amount of such damage: Provided, That this shall not apply where such corporation or institution has not been negligent in giving due attention and supervision concerning the relevant business affairs.
(2) Where a court determines the amount of damages under paragraph (1), it shall take into account the following:
1. The degree of such intention or gross negligence;
2. The types and details of the violation of duties prescribed in this Act;
3. The scale of damage caused by the violation of duties prescribed in this Act;
4. The economic benefits that the business owner, corporation, or institution acquired by committing the violation of duties prescribed in this Act;
5. The period, frequency, etc. of the violation of duties prescribed in this Act;
6. The current status of property of the business owner, corporation, or institution;
7. The degree of efforts made by the business owner, corporation, or institution to remedy damage and prevent recurrence thereof.