Article 49Order for Payment of Penalty Regarding Order for Interim Measures

①When there is a final and binding enforcement approval order regarding an order for interim measures (limited to the orders to take measures stated in Article 24, paragraph (1), item (i), (ii), (iv) and (v); hereinafter the same applies in this Article) and the court finds that the person that received the order for interim measures (hereinafter referred to as a "respondent" in this Article) violates or is likely to violate it, upon the petition of the person that filed the petition for the order for interim measures (referred to as a "petitioner" in paragraph (6)), the court may order the respondent to pay to the petitioner money of a certain amount that is found to be reasonable (subject to the violation of the order for interim measures, when it finds that the respondent is likely to violate it), taking into consideration the content and nature of the interest that would be harmed by the violation of the order for interim measures and also in what manner and to what extent that interest would be harmed.

②Notwithstanding the provisions of the preceding paragraph, the court may issue an order for payment of money under the paragraph (hereinafter referred to as an "order for payment of penalty" in this Article) at the same time it issues an enforcement approval order. In this case, the order for payment of penalty is not finalized until the enforcement approval order is finalized.

③Notwithstanding the provisions of Article 5, paragraphs (1) and (2), the case subject to the petition referred to in paragraph (1) is under the exclusive jurisdiction of the court that issued the enforcement approval order or the court before which the case subject to the petition referred to in Article 47, paragraph (1) (limited to the case referred to in item (ii) of that paragraph; the same applies in the following paragraph) is pending.

④If the court has issued an order for payment of penalty and an enforcement approval order simultaneously pursuant to the first sentence of paragraph (2), and a judicial decision that sets aside the enforcement approval order becomes final and binding or the petition referred to in Article 47, paragraph (1) is withdrawn, it must set aside the order for payment of penalty on its own initiative.

⑤An order for payment of penalty is not effective until it becomes final and binding.

⑥If there has been payment of money that was ordered pursuant to the order for payment of penalty, and the amount of damages that resulted from violation of the order for interim measures exceeds the amount of payment, the petitioner is not precluded from claiming compensation for damages for the amount in excess.

⑦If the order for interim measures has been revoked, amended or suspended by the arbitral tribunal or the judicial body stated in Article 47, paragraph (3) after the order for payment of penalty was issued, upon the petition of the respondent, the court that issued the order for payment of penalty may set aside the order for payment of penalty.

⑧The provisions of Article 47, paragraph (3) apply mutatis mutandis to the petition referred to in paragraph (1), and the provisions of Article 44, paragraphs (4) and (7) apply mutatis mutandis to the decision concerning the petition referred to in paragraph (1) and the preceding paragraph.