Statutory fines, along with imprisonment, are a representative means of criminal punishment, and should therefore be fair and rational to a point where any person can agree.

However, some statutory penalties among others are either too small or too big, creating an irrational gap among the punishment of similar violations. In particular, in cases where the amount is too small compared to illegality committed, it is difficult to achieve the criminal deterrence intended.

Therefore, this proposal seeks to adjust the difference between statutory punishments and promote fairness in criminal punishment by amending the amount of fine to ten million won per one year of imprisonment, which is also the standard used in the Anti-Corruption and Civil Rights Commission recommendation and National Assembly Secretariat legislation rule (Article 132, paragraph 1; Article 133).

Article 132 Where a witness, appraiser or interpreter who swears an oath under Article 154 or 157 of the Patent Act applied mutatis mutandis in Article 98 makes a false statement, appraisal or interpretation at the Tribunal, he/she shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won.
Article 133 (Crimes of False Marking) Any person who violates Article 89 shall be punished by imprisonment for not more than three years or by a fine not exceeding thirty million won.