Article 29 (Penalty Provisions)

The following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:

1. A person who intervenes in the selection, referral, or hiring of a foreign worker, in violation of Article 8 (6);

2. An employer who fails to take measures necessary for return to home country, in violation of Article 16;

3. An employer who fails to terminate an employment contract, in violation of Article 19 (2);

4. A person who interferes with a foreign worker's change of business or place of business under Article 25;

5. A person who receives money or valuables, in violation of Article 27 (4).

[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

Article 30 (Penalty Provisions)

The following persons shall be punished by a fine not exceeding five million won:

1. An employer who fails to purchase an insurance policy for departure guaranty, etc., in violation of the former part of Article 13 (1);

2. A person who fails to purchase a guaranty insurance policy or a personal injury insurance policy under Article 23.

[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

Article 31 (Joint Penalty Provisions)

If a representative of a corporation, or an agent, or employee of, or any other person employed by, a corporation or an individual commits a violation under Article 29 or 30 in connection with the business affairs of the corporation or individual, not only shall such violator be punished, but the corporation or individual shall also be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or individual has not been negligent in giving due attention and supervision with regard to the relevant business affairs in order to prevent such violation.

[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

Article 32 (Administrative Fines)

(1) The following persons shall be punished by an administrative fine not exceeding five million won:

1. A person who fails to enter into an employment contract in the standard employment contract form, in violation of Article 9 (1);

2. An employer who fails to provide foreign workers with an opportunity to receive employment training for foreign workers, in violation of Article 11 (2);

3. An employer who employs a foreign worker who has a visa referred to in Article 12 (1), without obtaining certification of exceptionally permissible employment under Article 12 (3);

4. An employer who fails to hire a foreign worker, from among those registered on the list of job-seekers, or who fails to submit a report or submits a false report to the head of an employment security office when a foreign worker begins his/her employment, in violation of Article 12 (4);

5. An employer who delays payments of monthly insurance premiums or trust money for an insurance for departure guaranty, etc. on three or more occasions, in violation of the latter part of Article 13 (1);

6. A foreign worker who fails to purchase an insurance policy or a trust deed, in violation of Article 15 (1);

7. An employer who fails to file a report, or files a false report, in violation of Article 17 (1);

8. An employer against whom limitation on employment of foreign workers have been placed pursuant to Article 20 (1) but employs a foreign worker who has been obtained a visa referred to in Article 12 (1);

9. A person who fails to file a report, files a false report, fails to submit relevant documents, or submits false documents, in defiance to an order issued under Article 26 (1), or a person who refuses, interferes with, or evades inquiries or an investigation or inspection conducted pursuant to the same paragraph;

10. A person who receives money or valuables, other than fees and expenses to be incurred prescribed in Article 27 (1), (2) or (3).

(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9798, Oct. 9, 2009]

Enforcement Ordinance