Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Fair Debt Collection Practices Act and matters necessary for the enforcement thereof.
Article 1-2(Scope of expenses chargeable for issuance of debt verification certificate) #
Pursuant to Article 5(2) of the Fair Debt Collection Practices Act (hereinafter referred to as the "Act"), a debt collector may claim from a debtor the expenses directly incurred in issuing a debt verification certificate, within the limit of 10,000 won.
[This Article Added on Jun. 12, 2012]
Article 2(Scope of debt collection expenses chargeable) #
Pursuant to Article 13(1) of the Act, the debt collection expenses that a debt collector may charge to a debtor or related person shall be as follows: <Amended on Jun. 12, 2012>
1. Expenses agreed upon by the creditor and the debtor, before the due date for performance, to be borne by the debtor or related person in connection with the performance of obligations;
2. Expenses actually incurred by the debt collector, within the amount prescribed in Article 1-2, in connection with the issuance of a debt verification certificate under Article 5 of the Act;
3. Other expenses deemed appropriate to be borne by the debtor.
Article 3(Issuance of statement of expenses) #
(1) Even where a debt collector is not a business entity under Article 13-2(1) of the Act, a debtor or related person may request the issuance of a document specifying, by item, the debt collection expenses charged pursuant to Article 13(1) of the Act (hereinafter referred to as the “statement of expenses”). <Amended on Nov. 21, 2014>
(2) Upon receiving a request for the issuance of a statement of expenses pursuant to paragraph (1), a debt collector shall comply therewith unless there is good cause otherwise, and shall not charge the debtor or related person any expense incurred in issuing such statement.
Article 4(Criteria for imposition of administrative fines) #
(1) The criteria for the imposition of administrative fines under Article 17 of the Act shall be as prescribed in the Appendix.
(2) A person authorized to impose administrative fines under Article 18 of the Act may aggravate or mitigate the amount of an administrative fine under the Appendix within the limit of 1/2 of such amount, taking into account the degree, frequency, motive, results, etc. of the violation; in such cases, even where the amount is aggravated, it shall not exceed the amount falling under the classification in each of the following subparagraphs (where Article 17(4) of the Act applies, the amount mitigated by 1/2 of the relevant amount):
1. In cases of Article 17(1) of the Act: 20 million won;
2. In cases of Article 17(2) of the Act: 10 million won;
3. In cases of Article 17(3) of the Act: 5 million won.