LABOR STANDARDS ACT [See entire ACT]

CHAPTER Ⅻ Penal Provisions

Article 107 (Penalty Provisions)

A person who has violated Article 7, 8, 9, 23 (2) or 40 shall be punished by imprisonment for not more than five years or by a fine of not exceeding 50 million won.

Article 108 (Penalty Provisions)

Penalty Provisions)A labor inspector who has connived, on purpose, at violations of this Act shall be punished by imprisonment for not more than three years or by a suspension of qualification for not more than five years.

Article 109 (Penalty Provisions)

(1) A person who violates the provisions of Article 36, 43, 44, 44-2, 46, 51-3, 52(2)2, 56, 65, 72 or 76-3 (6) shall be punished by imprisonment of up to three years or by a fine not exceeding thirty million won.
(2) A prosecution against a person who violates the provisions of Article 36, 43, 44, 44-2, 46, 51-3, 52(2)2 or 56 shall not be filed against the clearly expressed will of the victim.

Article 110 (Penalty Provisions)

Any person falling within the purview of any of the following subparagraphs shall be punished by imprisonment of up to two years, or by a fine not exceeding twenty million won:
1. A person who violates Article 10, 22 (1), 26, 50, 51(2)2, 52(2)1, 53(1), (2), (4)Body and (7), 54, 55, 59(2), 60(1), (2), (4) and (5), 64(1), 69, 70(1) and (2), 71, 74(1) through (5), 75, 78 through 80, 82, 83 and 104(2);and
2. A person who violates orders issued in accordance with Article 53 (5)

Article 111 (Penalty Provisions)

A person who fails to comply with a remedy order confirmed pursuant to Article 31 (3) or confirmed after the filing of an administrative lawsuit, or a decision rendered after the reexamination of a remedy order shall be punished by imprisonment of up to one year or a fine not exceeding ten million won.

Article 112 (Accusation)

(1) An offence prescribed in Article 111 shall be prosecutable only with the accusation of the offense by the Labor Relations Commission.
(2) A prosecutor may notify the Labor Relations Commission of an occurrence of an offense under paragraph 1 and ask the Commission to file an accusation.

Article 113 (Penalty Provisions)

A person who violates the provisions of Article 45 shall be punished by a fine of not exceeding ten million won.

Article 114 (Penalty Provisions)

A person who falls within the purview of any of the following subparagraphs shall be punished by a fine not exceeding five million won:
1. a person who violates Article 6, 16, 17, 20, 21, 22 (2) or 47, the proviso of Article 53 (4), Article 67 (1) and (3), 70 (3), 73, 74 (6), 77, 94, 95, 100 or 103;
2. a person who fails to comply with an order issued in accordance with Article 96 (2);

Article 115 (Joint Penalty Provisions

If an agent, a servant or any other employee of an employer commits the offence prescribed in Article 107, Articles 109 through 111, Article 113 or Article 114 in relation to matters concerning the workers of the employer, the fine prescribed in the respective Article shall be imposed on the employer, in addition to the punishment of the offender:Provided that this shall not apply unless the employer neglects to give considerable attention and supervision to the business concerned in order to prevent such offence.

Article 116 (Administrative Fines)

(1) A person who falls under the purview of any of the following subparagraphs shall be punished by a fine for offense not exceeding five million won:
1. A person who fails to report or present him/herself or makes a false report in response to a request from the Minister of Employment and Labor, the Labor Relations Commission or a labor inspector under Article 13;
2. A person who violates Article 14, 39, 41, 42, 48, 66, 74 (7), 91, 93, 98 (2) or 99;or
3. A person who does not report the work out measures to Minister of Employment and Labor to supplement his/her wages so that the existing level of wages may not be lowered stipulated in Article 51(2)5
4. A person who refuses, avoids or otherwise obstructs a clinical or medical examination conducted by a labor inspector or a doctor designated by a labor inspector pursuant to Article 102;fails to answer his/her question or gives an false answer;fails to submit books and documents;or submits false books and documents.
(2) The fine for offense under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor as prescribed by the Presidential Decree.
(3) ~ (5) Deleted.

Enforcement Ordinance

Article 60 (Criteria for Imposition of Administrative Fines)

The criteria for imposition of an administrative fine under Article 116 (1) of the Act shall be prescribed in attached Table 7.

[This Article Wholly Amended by Presidential Decree No. 20873, Jun. 25, 2008]

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

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