Then, what is the practical benefit of differentiating between the two
characteristics for a given surcharge, as a means to recover unjust enrichment
or to impose administrative sanction? In theory, the practical benefit may be
found when considering how much discretion should be allowed for the KFTC
in deciding whether to impose surcharge and calculating the amount of
surcharge, and also whether imposition of surcharge is against the double
jeopardy doctrine, the proportionality principle, and the excessive prohibition
principle. However, in light of the precedent cases discussed above, the
practical benefit does not appear significantly in effect.