If the original business owner's'gumbling' continues for a long period of time, such as knocking out payments, skipping costs, and stealing technology for subcontractors, the penalty will increase up to 1.5 times.
The Fair Trade Commission announced that it is an administrative notice of an amendment to the'Notice on Imposition Standards for Subcontract Act Violators' with these details from the 15th to the 6th of the following month.
In the amendment, a new standard was established that could increase penalties according to violations of the law or the duration of the recurring or continuing effect.
If the violation of the law or its effect is more than one year or less than two years, the penalty will be increased by 10% or more and less than 20%, and if it is more than two years, more than 20% and less than 50%.
Even if the law was violated, the penalty reduction rate was increased to a maximum of 30% for the case of voluntarily correcting the wrongdoing to relieve the damage of subcontractors.
When all the damages of the subcontractor caused by a violation of the law are relieved or the effect of the violation is substantially eliminated, the penalty is reduced within 30%, and 50% or more of the damage is relieved or the effect of the violation is substantially removed. The penalty will be reduced within 20%.
The revised bill also established evaluation criteria for each type of act to calculate the penalty penalty by reflecting the characteristics of various'gap quality'.
For malicious violations that mainly occur against one or two companies, such as technology use, retaliation, and illegal activities, penalties are charged according to the type of act (40%), the degree and scale of damage (30%), and unjustness (30%). Long.
Regardless of monetary damage, if a written issuance and payment guarantee obligation is violated, the penalty is calculated considering the type of act (30%), the extent of damage (30%), and injustice (40%).
In addition, for other violations such as unfair payment decisions, returns, reductions, and business interference, penalties are assessed by evaluating the type of act (30%), the extent of damage (20%), the degree and scale of damage (20%), and improperness (30%). Decide.
For detailed evaluation items, new standards have been established to take into account the intention and purpose of the violation, the background of the violation, the trade practices of the industry, and the size of the business operator.
In particular, the degree of damage was determined by comprehensively considering the extent and characteristics of the consignment target, the size of the related subcontracting payment, the relationship between the original business entity and the contractor, and the size of the contractor, in addition to whether the management indicators deteriorated.
The Fair Trade Commission emphasized, "This revision will strengthen sanctions against malicious or long-term violations of the law, while expanding incentives for voluntary corrections by business operators to induce rapid damage relief and improvement of voluntary trading practices."