Article 115 (Penalty Provisions)

(1) A person who divulges personal information of the insured or their dependents, uses such information for any purpose other than to perform his or her duties or provides such information to a third party without any justifiable grounds in violation of subparagraph 1 of Article 102 shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won.

(2) Any of the following persons 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 works for a claim processing agency and files a claim for costs of health care benefits by fraud or other improper means;

2. A person who divulges any information learned in the course of performing his or her duties, uses such information for any purpose other than to perform his or her duties or provides such information to a third party, in violation of subparagraph 2 of Article 102.

(3) Any person who uses or utilizes computerized information data shared in violation of 96-2 (3) for purposes other than those under paragraph (1) of the same Article shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 10 million won.

(4) A person who receives or arranges another person to receive insurance benefits by fraud or other improper means shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won.

(5) Any of the following persons shall be punished by imprisonment with labor for at least one year or by a fine not exceeding 10 million won:

1. The founder of a health care institution who provides selective benefit, in violation of Article 42-2 (1) or (3);

2. A person who permits any other person who is not a claim processing agency to vicariously examine such claims, in violation of Article 47 (6);

3. An employer who violates Article 93;

4. The founder of a health care institution, who violates Article 98 (2);

5. Deleted.

Article 116 (Penal Provisions)

A person who fails to report or submit documents, a person who files a false report or submits false documents, or a person who refuses, interferes with or evades inspection or questioning in violation of Article 97 (2) shall be punished by a fine not exceeding 10 million won.

Article 117 (Penal Provisions)

A person who violates Article 40 (4) or a person who fails to issue a detailed statement of medical care costs or a receipt stating the particulars of the medical care in violation of Article 49 (2) shall be punished by a fine not exceeding five million won.

Article 118 (Joint Penal Provisions)

Where the representative of a corporation, or an agent, employee or any other person working for the corporation or an individual commits any act which violates Articles 115 through 117 in connection with the business of the corporation or the individual, not only shall such violator be punished accordingly, but the corporation or the individual shall be punished by a fine prescribed in the relevant provisions: Provided, That the same shall not apply to cases where the corporation or the individual has not been negligent in paying due attention and supervision to the relevant business in order to prevent such violation.

Article 119 (Administrative Fines)

(1) Deleted.

(2) Deleted.

(3) A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding five million won:

1. An employer who fails to make a report or makes a false report, in violation of Article 7;

2. A person who fails to file a report or to submit documents without any justifiable grounds, or files a false report or submits false documents, in violation of Article 94 (1);

3. A person who fails to make a report or to submit documents without any justifiable grounds, or makes a false report or submits false documents, in violation of Article 97 (1), (3), (4), or (5);

4. A person who fails to notify, without delay, the fact that he or she is subject to an administrative disposition or the fact that the procedure of an administrative disposition is under way, in violation of Article 98 (4);

5. A person who fails to submit documents or submits false documents without any justifiable grounds, in violation of Article 101 (2).

(4) Any of the following persons shall be punished by an administrative fine not exceeding one million won:

1. Deleted;

2. Deleted;

3. Deleted;

4. A person who fails to preserve documents in violation of Article 96-3;

5. A person who violates an order issued under Article 103;

6. Any person who violates Article 105.

(5) Administrative fines under paragraphs (3) and (4) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree.

Enforcement Ordinance