Article 88 (Penalty Provisions)

A person who violates Article 41 (2) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.

Article 89 (Penalty Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who violates Article 37 (2), 38 (1), 42 (1), or 42-2 (2);

2. A person who violates the order of remedy which has been finalized pursuant to Article 85 (3) (including cases where Article 29-4 (4) applies mutatis mutandis) or by an administrative litigation.

Article 90 (Penalty Provisions)

A person who violates Article 44 (2), 69 (4), 77 or 81 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.

Article 91 (Penalty Provisions)

A person who violates Article 38 (2), 41 (1), 42 (2), 43 (1), (2) and (4), the main sentence of Article 45 (2), Article 46 (1) or 63 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.

[This Article Wholly Amended by Act No. 8158, Dec. 30, 2006]

Article 92 (Penalty Provisions)

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding ten million won:

1. A person who violates Article 24 (5);

2. A person who violates the matters falling under any of the following items from among the contents of a collective agreement concluded pursuant to Article 31 (1):

(a) Matters on wages, welfare costs and retirement allowances;

(b) Matters on works, rest-period, holidays and vacations;

(c) Matters on causes for disciplines and dismissals and important procedures;

(d) Matters on safety and health and disaster relief;

(e) Matters on facilities, furnishing conveniences and participation in meetings during on-duty hours;

(f) Matters on industrial actions;

3. A person who fails to comply with the contents of a mediation proposal as referred to in Article 61 (1) or an arbitration award as referred to in Article 68 (1).

Article 93 (Penalty Provisions)

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five million won:

1. A person who violates Article 7 (3);

2. A person who violates an order as referred to in Article 21 (1) and (2), or 31 (3).

Article 94 (Joint Penalty Provisions)

If the representative of a corporation, or the agent, employee or any other servant of a corporation or an individual commits an offense under Articles 88 through 93 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under each relevant Article: Provided, That the same shall not apply to the cases where the corporation or the individual has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such offense.

[This Article Wholly Amended on Apr. 23, 2020] Trade Union and Labor Relations Adjustment Act (1997) "Cases prescribed by Act No. 5310") The part concerning "cases where the agent, employee or other servant of a juristic person violates the provisions of subparagraph 1, the latter part of the proviso to subparagraph 2 and subparagraph 5 of Article 81 in Article 90 with respect to the business of the juristic person, shall violate the Constitution.

[This Article is amended on Dec. 9, 2020 in accordance with the Constitutional Court's decision of May, 11, 2019 that held this paragraph unconstitutional and inconsistent with the Constitution]

Article 95 (\(Administrative Fines)

A person who violates an order issued by the court as referred to in Article 85 (5) shall be punished by an administrative fine not exceeding five million won (where the order is a performance order, to an administrative fine equivalent to the amount calculated by multiplying a rate of not more than 500,000 won by the number of the days during which the order has not be complied with).

Article 96 (Administrative Fines)

(1) A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding five million won:

1. A person who fails to prepare or keep the documents referred to in Article 14;

2. A person who fails to make a report as referred to in Article 27 or makes a false report;

3. A person who fails to make a report as referred to in Article 46 (2).

(2) A person who fails to make a report or notification as referred to in Article 13, 28 (2), or 31 (2) shall be punished by an administrative fine not exceeding three million won.

(3) An administrative fine referred to in paragraphs (1) and (2) above shall be imposed and collected by the administrative agencies pursuant to the Presidential Decree.

(4) through (6) Deleted.

Enforcement Ordinance