Article 22 (Preferential Treatment)

The government may provide preferential treatment to employers who have subscribed to the retirement mutual aid scheme in appraising construction abilities or in implementing other construction policies as prescribed by construction related Acts and subordinate statutes.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Article 22-2 (Accumulation of Reserves)

The Mutual Aid Association shall appropriate a reserve and separately account for it at the end of every accounting period to finance the retirement mutual-aid benefits to be paid in the future.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Article 23 (Guidance and Supervision, etc.)

(1) The Minister of Employment and Labor may, if he/she deems it necessary, ask employers and the Mutual Aid Association to make a report and to submit materials, and give them other instructions necessary for enforcement of this Act, as prescribed by Presidential Decree.
(2) A Mutual Aid Association may ask the employer who employs or employed beneficiaries, and beneficiaries to report or present related documents, which are necessary for the mutual aid program.
(3) The Minister of Employment and Labor may order the Mutual Aid Association to correct its operation and work and take other necessary measures within a set period if any of the following subparagraphs apply to the operation of the Mutual Aid Association：
1. The accounting or execution of duties violates Acts and subordinate statutes, the articles of association and other regulations of the Mutual Aid Association；
2. The way the Mutual Aid Association is operated is considerably unfair；or
3. All or part of the mutual aid program is discontinued without justifiable grounds.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 24 (Penalty Provisions)

(1) Any person who has used, furnished or divulged data or information in violation of Article 23-2 (3) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.

(2) Any person who has received mutual aid money for retirement by fraud or other improper means and any person who has submitted a false report or certification to have another person receive mutual aid money for retirement shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.

[This Article Wholly Amended on Dec. 27, 2007]

Article 25 (Joint Penalty Provisions)

If the representative of a juristic person or organization or an agent, employee, or other servant of a juristic person, organization, or individual commits any violation described in Article 24 in conducting the business affairs of the juristic person, organization, or individual, not only shall the violator be punished but the juristic person, organization, or individual shall also be punished by a fine prescribed in the relevant provisions: Provided, That where the juristic person, organization, or individual has not been negligent in giving considerable due care and supervision in connectin with the business in order to prevent such violation, this shall not apply.

[This Article Wholly Amended on Dec. 26, 2008]

Article 26 (Administrative Fines)

(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:

1. A business owner responsible for building facilities, such as a lavatory, mess hall and dressing room, or for taking measures for construction workers to use such facilities pursuant to Article 7-2, but who fails to build such facilities or to take measures for construction workers to use such facilities;

2. A person who fails to file a report on the materialization of relationship of the retirement mutual aid scheme under Article 10-4 (1).

(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won:

1. A person who fails to pay monthly wage costs separately from other construction expenses, in violation of Article 7-3 (1);

2. A person who fails to ascertain the details of wages, in violation of Article 7-3 (2);

3. A person who fails to notify non-payment of wages, in violation of Article 7-3 (3);

4. A person who fails to disclose, the amount required for subscribing to the retirement mutual aid scheme, in a bill of quantities for construction works and calculation statement of contract price, or cost accounting document, in violation of Article 10-3 (1);

5. A person who fails to disclose the amount required for subscribing to the retirement mutual aid scheme in a calculation statement of costs for subcontracted construction works, in violation of Article 10-3 (2);

6. A person who fails to file a monthly report on a beneficiary's working days, in violation of Article 13 (1);

7. Any person who fails to pay mutual aid installments, in violation of Article 13 (1) (excluding where a contractee has to directly pay mutual aid installments under Article 13-2);

8. A person who fails to issue an electronic card to a beneficiary, in violation of Article 13 (4);

9. A person who fails to pay mutual aid installments after being notified of the occurrence of his or her obligation to pay mutual aid installments from the Mutual Aid Association, in violation of Article 13-2.

(3) Any of the following persons shall be subject to an administrative fine not exceeding one million won:

1. Any person who has failed to file a report related to a person responsible for employment management under Article 5 (1);

2. Deleted;

3. Deleted;

4. Deleted;

5. Any person who has failed to comply with a request for certification under Article 15 (2);

6. Any person who has failed to file a report under Article 23 (1) or has filed a false report, who has failed to submit the data or has submitted the false data, who has failed to comply with corrective orders and other necessary measures referred to in Article 23 (3).

(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.

(5) Deleted.

(6) Deleted.

(7) Deleted.

[This Article Wholly Amended on Dec. 27, 2007]

Enforcement Ordinance