Article 28 (Penalty Provisions)

(1) 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 in receipt of a substitute payment under Article 7 or 7-2 or aloan under Article 7-3 by fraud or other improper means;
2. A person who causes another person to receive a substitute payment under Article 7 or 7-2 or a loan under Article 7-3 by fraud or other improper means;

3. A person who refuses to submit a property list under Article 13 without good cause or submits a false property list.

(2) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:

1. A person who submits a false report, certification, or document to unduly receive a substitute payment under Article 7 or a loan under Article 7-2;

2. A person who submits a false report, certification, or document to unduly causes another person to receive a substitute payment under Article 7 or a loan under Article 7-2.

[This Article Wholly Amended on Dec. 27, 2007]

[Moved from Article 24 ]

Article 29 Deleted.

Article 30 (Joint Penalty Provisions)

(1) If a representative of a corporation, or agent, employee or other servant of a corporation commits an offence under Article 28 in connection with the business of the corporation, not only shall such offender be punished, but also the corporation shall be punished by a fine under the relevant provisions.

(2) If a representative of an individual, or agent, employee or other servant of an individual commits an offence under Article 28 in connection with the business of the individual, not only shall such offender be punished, but also the individual shall be punished by a fine under the relevant provisions.

[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]

Article 31 (Administrative Fines)

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

1. A person who fails to notify employees of the relevant minimum wage through appropriate means prescribed in Article 11, in violation of the same Article;

2. A person who fails to report on the matters related to wages under Article 25 or make a false report;

3. A person who refuses, interferes with or evades a demand or inspection by a labor inspector under Article 26 (2) or falsely answers a question.

(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.

(3) A person dissatisfied with the disposition of an administrative fine under paragraph (2) may raise an objection to the Minister of Employment and Labor within 30 days from the date the person is notified of such disposition.

(4) Where a person who has been subject to the disposition of an administrative fine under paragraph (2) raises an objection under paragraph (3), the Minister of Employment and Labor shall, without delay, notify such objection to the competent court, which in turn shall proceed to a trial on the administrative fine pursuant to the Non-Contentious Case Procedure Act.

(5) Where neither an objection is raised nor an administrative fine paid within the period under paragraph (3), the administrative fine shall be collected in the same manner as delinquent national taxes are collected.

[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]

Enforcement Ordinance