NATIONAL PENSION ACT [See entire ACT]

CHAPTER IX PENALTY PROVISIONS

Article 128 (Penalty Provisions)

(1) A person who receives benefits by deception or other fraudulent means shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
(2) A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
1. An employer who requires a workplace-based insured person to bear all or part of the employer contribution referred to in Article 88 (3), or who deducts an amount exceeding the employee’s contribution from the wage of the workplace-based insured person, when he/she deducts an employee contribution from the employee's wage under Article 90 (1);
2. An employer who fails to pay contributions by the payment deadline under Article 95 (2) without any justifiable reason;
3. An employer who hinders an employee from becoming an insured person, or withholds a promotion or wage increase from an employee without any justifiable reason for the purposes of evading the increase of employer contributions, or lays off, or treats disadvantageously an employee, in violation of Article 119;
4. A person who divulges any confidential information which the person has obtained in the course of carrying out his/her duties, in violation of Article 124.

Article 129

Deleted.

Article 130 (Joint Penalty Provisions)

If a representative of a corporation, an agent, employee or other servant of the corporation or an individual commits an offence provided in Article 128 in connection with the duties of the corporation or the individual, in addition to the punishment of such offender, the said corporation or the individual shall be subject to a fine under each relevant provisions: Provided, That this shall not apply in cases where such corporation or individual has performed relevant duties designed to prevent such offences with due care and supervision.
[This Article Wholly Amended by Act No. 10783, Jun. 7, 2011]

Article 131 (Administrative Fines)

(1) Any of the following persons shall be subject to an administrative fine not exceeding five hundred thousand won:
1. An employer who fails to file a report or files a false report in violation of Article 21 (1);
2. An employer who refuses, evades or obstructs an investigation or refuses to answer, evades or disrupts questions or gives a false answer when the Service or its employee requests submission of a document or other data, conducts an investigation or asks questions pursuant to Article 122.
(2) Any of the following persons shall be subject to an administrative fine not exceeding one hundred thousand won:
1. A person who fails to file a report under Articles 21 (2) and 121 (1) or (2);
2. A person who fails to give notice pursuant to Article 23 (2);
3. A current or former insured person or beneficiary who refuses, evades or obstructs a demand to submit documents or data on income, property, etc., who refuses, evades or disrupts an investigation and questioning by the Service or its employee under Article 122, or gives a false answer.
(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree.

Enforcement Ordinance

Article 114 (Criteria for Imposition of Administrative Fines)

The criteria for the imposition of administrative fines referred to in Article 131 of the Act are specified in attached Table 3.
[This Article Newly Inserted by Presidential Decree No. 22906, Apr. 22, 2011]

Article 132

Deleted.

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

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