EMPLOYMENT SECURITY ACT [See entire ACT]

CHAPTER Ⅴ Penal Provisions

Article 46 (Penal Provisions)

(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than seven years, or a fine not exceeding seventy million won:
1. A person who provides job placement, recruits workers or supplies workers by means of violence, threat, detention, or unlawful restraint upon mental or physical freedom;and
2. A person who provides job placement services, recruits workers or supplies workers to have them employed in a business where sex trafficking and other obscene acts referred to in Article 2 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic are carried out.
(2) Any attempt to commit the offense referred to in paragraph (2) shall be punished.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 47 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years, or a fine not exceeding fifty million won:
1. A person who provides fee-charging job placement services or labor supply services without being registered under Article 19 (1) or obtaining permission under Article 33 (1);
2. A person who has made a registration under Article 19 (1) or obtained permission under Article 33 (1) in a false or other fraudulent ways;
3. A person who lends his/her name, etc., in violation of Article 21 and the other party;
4. A person who violates paragraph (2) and (3) of Article 21-3;
5. A person who gains any money, valuables or other profits in contravention of Article 32;and
6. A person who puts out false job advertisements, or presents false employment requirements in contravention of Article 34.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 48 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year, or a fine not exceeding ten million won:
1. A person who provides free job placement services or job information services without making a report under Article 18 (1) or Article 23 (1);
2. A person who makes a report under Article 18 (1) or Article 23 (1) in a false or other fraudulent ways;
3. A person who provides services during the suspension period referred to in Article 36;and
4. A person who divulges confidential information in contravention of Article 42.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 48-2 Deleted.

Article 49 (Joint Penal Provisions)

If a representative of a corporation, or an agent, a servant or any other employee of a corporation or an individual commits the offense prescribed in any of Articles 46 through 48 in connection with the business of the corporation or individual, the fine prescribed in respective Article shall be imposed on such corporation or individual in addition to the punishment of the offender:Provided that this shall not apply unless the corporation or individual neglects to give considerable attention and supervision to the business concerned in order to prevent such offence.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

Article 50 (Fines for Negligence)

(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding ten million won:
1. A person who has received any money or valuables other than the fees announced by the Minister of Employment and Labor in violation of Article 19 (3);
2. A person who has received advance payments in violation of Article 21-2;
3. A person who when placing a job seeker under the age of 18, fails to obtain written consent for employment from the person with parental authority or guardian in violation of Article 21-3 (1);and
4. A person who takes charge of providing job placement services in violation of Article 22 (3)
(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:
1. A person who fails to report the recruitment of workers for overseas employment or fails to report the discontinuation of his/her permitted, registered or reported services in contravention of Article 30 (1) or Article 35;
2. A person who fails to prepare or keep books and other documents in contravention of Article 39;
3. A person who fails to make a report under Article 41 (1), or makes a false report;and
4. A person who refuses, interferes with, or evades the entry and investigation of a relevant public official referred to in Article 41 (2).
(3) The fine for negligence as referred to in paragraph (1) and (2) shall be imposed and collected by the Minister of Employment and Labor or the head of a special self-governing province, city, Gun or Gu under the conditions as prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 9795, Oct. 9, 2009>

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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