Which law must clearly set out what matters before a compliance surcharge may be imposed, and when may some of those matters be left unstated?
General information · Not legal advice
Material to check
In practice material of this kind, we read the law cited as the basis for the compliance surcharge, checking its text against each of the listed matters, and we look for the Presidential Decree, if any, invoked under the proviso, alongside the agency's written warning and notice.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the provision as defining the reach of the framework requirement: any law that serves as the basis for a compliance surcharge must clearly provide the body that imposes and collects it, the conditions for imposition, the amount, the calculation criteria, and the annual number of impositions or a cap on it.
Another reading stresses the proviso, which concerns only the calculation criteria and the annual number or cap: these may be left out only where there is a great risk of undermining the legislative purpose or intent and a Presidential Decree so provides, so the agency's own discretion to aggravate or mitigate the amount does not cure a gap in the foundational law.
Your judgment
If the surcharge rests on a law that omits the calculation criteria, what in the file could show whether a Presidential Decree brings the case within the proviso?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the listed matters or the proviso, or if a court decision sets out when a Presidential Decree may rely on the proviso.