LABOR RELATIONS COMMISSION ACT [See entire ACT]

CHAPTER Ⅵ Penal Provisions

Article 30 (Penal Provisions)

A person who violates Article 28 shall be punished by imprisonment of up to one year or a fine not exceeding ten million won.

Article 31 (Penal Provisions)

A person who falls under any of the following subparagraphs with regard to a Labor Relations Commission’s right to investigate, etc., under Article 23 (1) shall be punished by a fine not exceeding five million won:
1. A person who fails to comply with the request of a Labor Relations Commission to report or submit documents or makes a false report or submits false documents;
2. A person who refuses, obstructs or avoids an investigation by the relevant member or investigator.
<This Article Wholly Amended by Act No. 8296, Jan. 26, 2007>

Article 32 (Joint Penal Provision)

If a representative of a juristic person or an organization, or an agent, a servant or any other employee of a juristic person, an organization or an individual have committed an offense in violation of Article 31 in connection with the business of the juristic person, organization or individual, a fine provided in the said Article shall be imposed on the juristic person, organization, or individual in addition to the punishment of the offender.

Article 33 (Fines for Negligence)

(1) A person who fails to comply with an order of exit under Article 20 shall be punished by a fine for negligence not exceeding one million won.
(2) The fine for negligence prescribed in paragraph (1) shall be imposed and collected by a Labor Relations Commission as prescribed by the Presidential Decree.
(3) A person who is dissatisfied with the imposition of a fine for negligence under paragraph (2) may raise an objection to the Labor Relations Commission within thirty days from the date on which he/she is notified of the imposition.
(4) If a person on whom a fine for negligence is imposed pursuant to paragraph (2) raises an objection pursuant to paragraph (3), the Labor Relations Commission shall notify the competent court of the fact without delay, and upon receiving the notification, the competent court shall try the case of the fine for negligence under the Non-Contentious Case Litigation Procedure Act.
(5) If neither an objection is made nor the fine for negligence is paid within the period prescribed in paragraph (3), the fine for negligence shall be collected according to an example of the recovery of national taxes in arrears.
<This Article Newly Inserted by Act No. 8296, Jan. 26, 2007>

Enforcement Ordinance

Article 12 (Criteria for Imposition of Fines for Negligence)

The standards for imposing administrative fines pursuant to Article 33 (1) of the Act shall be as provided for in attached Table 3.

[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]

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

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