Surcharge

Surcharge (과징금/過徵金) is a pecuniary saction levied by the administrative agency against a person who is in violation of a certain administrative duty. In general, surcharge is imposed to deprive the violator of the administrative duty of the profit which is expected to come from such violation. Surcharge is indirectly effective to enforce the person with a duty to perform the said duty.

Key words
administrative charge, pecuniary sanction, surcharge, fine, fine for negligence, minor fine

Administrative charge
Administrative charges include:
 * service charge, commission (수수료/手數料);
 * usage fee (사용료/使用料);
 * license fee (특허료/特許料);
 * surcharge (과징금/過徵金); and
 * other payments (납부금/納付金).

Fine for negligence
Fine for negligence (과태료/過怠料) is of criminal penalty regardless of expected profits, while surcharge is to deprive the person with a duty of the profit expected from non-performing of the said duty.

Under the relevant statute, fine for negligence is not imposed as a criminal punishment, but as a pecuniary sanction to remind the person of his/her duty:
 * To preserve the order: Article 232 of the Patent Act, Article 97 of the Civil Act, Articles 28, 635 and 636 of the Commercial Act.
 * To discipline a group of people: Articles 90 and 117 of the Attorney Act (변호사법/辯護士法), Articles 83 and 87 of the Notary Public Act (공증인법/公證人法), and Article 48 of the Scrivener Act (법무사법/法務士法).
 * To enforce the administrative duty imposed on a certain person subject to the individual relevant Act or Articles 247 - 249 of the Non-Contentious Case Litigation Procedure Act (비송사건절차법/非訟事件節次法).

Fine as penalty
Fine (벌금/罰金) is one of the pecuniary sanctions as punishment, which include: Article 41 of the Criminal Act.
 * 1) Fine;
 * 2) Minor fine (과료/科料); and
 * 3) Confiscation (몰수/沒收).

Fine shall be paid within thirty days from the day when the judgment has become final, but when a fine is imposed, confinement in a workhouse may be concurrently ordered until the amount thereof is paid in full.

A person who fails to pay the fine in full shall be confined in a workhouse and work for a term of not less than one day nor more than three years. Article 69 of the Criminal Act. When rendering a sentence of fine, the court shall simultaneously determine and decree a substitute term of lockup in the event payment of such fine is not made in full. Article 70 of the Criminal Act.

The Temporary Measures for Fines, etc. Act (벌금 등 임시조치법/罰金等臨時措置法) provides: Article 4.
 * (1) Deleted
 * (2) 1953년 2월 14일까지 제정된 법령 중 벌금 또는 과태료에 관한 규정을 적용할 때에는 그 규정에 정하여진 화폐단위 원(圓)을 원으로 본다. <개정 2010.3.24>
 * (3) 1953년 2월 15일부터 1962년 6월 9일까지 제정된 법령 중 벌금 또는 과태료에 관한 규정을 적용할 때에는 그 규정에 정하여진 화폐단위 환(圜)을 원으로 본다. <개정 2010.3.24>
 * (4) 1962년 6월 10일부터 1966년 12월 31일까지 제정된 법령 중 벌금 또는 과태료에 관한 규정을 적용할 때에는 그 벌금 또는 과태료의 금액은 규정된 금액의 4배에 상당하는 금액으로 한다. <개정 2010.3.24>
 * (5) 1967년 1월 1일부터 1973년 12월 31일까지 제정된 법령 중 벌금 또는 과태료에 관한 규정을 적용할 때에는 그 벌금 또는 과태료의 금액은 규정된 금액의 2배에 상당하는 금액으로 한다. <개정 2010.3.24>

The court decision imposing a fine shall be executed with the Civil Execution Act applied mutatis mutandis.

You may refer to the relevant provisions of the Civil Execution Act (민사집행법/民事執行法) and the National Tax Collection Act (국세징수법/國稅徵收法).

Additional collection charge
Additional collection charge (추징금/追徵金) is the money to be collected being equivalent to the value of articles to be confiscated in case of failure to confiscate crime-related articles. Article 48 (2) of the Criminal Act.

In this case, additional collection charge is not a penalty as punishment but deprivation of money instead of crime-related articles. Therefore, it is impossible to confine the culprit who would not pay the additional collection charge in a workhouse. When the prescription for execution expires, the additional collection charge also extinguishes.

If unconscientious criminals are reluctant to pay the additional collection charge, the public prosecutor has only to resort to civil proceedings after searching their concealsed properties.

To extend the statutory limitation to ten years, the National Assembly passed the Act on Confiscation regarding Crimes Committed by Civil Servants (공무원범죄에 관한 몰수 특례법/公務員犯罪沒收特例法), in June 2013 and came into force on July 12, 2013. This special Act targeted the former President Chun Doo-hwan who evaded to pay the additional collection charges up to 167.2 billion won. The prescription to collect from ex-President Chun was slated for expiry in October 2013.