Article 167 (Penalty Provisions)

(1) Any person who causes the death of any employee in violation of Article 38 (1) through (3), 39 (1), or 63 shall be punished by imprisonment with labor for up to seven years or by a fine not exceeding 100 million won.

(2) Any person who is sentenced to a punishment for committing a crime prescribed in paragraph (1) and recommits a crime prescribed in paragraph (1) within five years from the date his or her sentence becomes final and conclusive shall be punished aggravatingly by up to 1/2 of the corresponding punishment.

Article 168 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won:

1. Any person who violates Article 38 (1) through (3), 39 (1), 51, 54 (1), 117 (1), 118 (1), 122 (1), or 157 (3);

2. Any person who violates any order issued under the latter part of Article 42 (4), or Article 53 (3), 55 (1), or 118 (5).

Article 169 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won:

1. Any person who violates Article 38 (1) through (3) (including cases applicable mutatis mutandis in Article 166-2), 39 (1) (including cases applicable mutatis mutandis in Article 166-2), 51 (including cases applicable mutatis mutandis in Article 166-2), 54 (1) (including cases applicable mutatis mutandis in Article 166-2), 117 (1), 118 (1), 122 (1), or 157 (3) (including cases applicable mutatis mutandis in Article 166-2);

2. Any person who violates any order issued under the latter part of Article 42 (4), or Article 53 (3) (including cases applicable mutatis mutandis in Article 166-2), 55 (1) (including cases applicable mutatis mutandis in Article 166-2) or (2) (including cases applicable mutatis mutandis in Article 166-2), or 118 (5).

Article 170 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:

1. Any person who dismisses or otherwise treat unfavorably an employee, in violation of Article 41 (3);

2. Any person who damages a site where a serious accident has occurred or obstructs any investigation into the cause of a serious accident conducted by the Minister of Employment and Labor, in violation of Article 56 (3);

3. Any person who conceals the occurrence of an industrial accident in violation of Article 57 (1), or who abets or conspires with another person to conceal such occurrence;

4. Any person who violates Article 65 (1), 80 (1), (2), and (4), 85 (2) and (3), 92 (1), 141 (4), or 162;

5. Any person who violates an order issued under Article 85 (4) or 92 (2);

6. Any person who obstructs or refuses an investigation, collection, or a performance test prescribed in Article 101.

Article 171 (Penalty Provisions)

Any of the following persons shall be punished by a fine not exceeding 10 million won:

1. Any person who violates Article 69 (1) and (2), 89 (1), 90 (2) and (3), 108 (2), 109 (2), or 138 (1) and (2);

2. Any person who violates an order issued under Article 90 (4), 108 (4), or 109 (3);

3. Any person who fails to take a measure, such as installing or improving relevant facilities or equipment or providing health examinations, in violation of Article 125 (6);

4. Any person who fails to take an appropriate measures, such as relocating a work site, in violation of Article 132 (4).

Article 172 (Penalty Provisions)

Any person who violates Article 64 (1) or (2) shall be punished by a fine not exceeding five million won.

Article 173 (Joint Penalty Provisions)

If the representative of a corporation or an agent, employee of, or any other person employed by a corporation or individual commits any offence prescribed in Article 167 (1) or 168 through 172 in conducting the business affairs of the corporation or individual, not only shall such offender be punished but the corporation shall be punished by a fine according to the following classifications and an individual shall be punished by a fine under each relevant Article: Provided, That the foregoing shall not apply where such corporation or individual has not neglected to give due attention and supervision concerning the relevant business affairs to prevent such offense:

1. In cases falling under Article 167 (1): A fine of up to one billion won;

2. In cases falling under Articles 168 through 172:　A fine under each relevant Article.

Article 174 (Concurrent Imposition of Punishment and Program Attendance Order)

(1) Where a person is declared guilty by a court (excluding suspension of sentence) for causing the death of an employee in violation of Article 38 (1) through (3), 39 (1), or 63 or becomes subject to a summary order notified by a court, such person may be ordered to attend an educational program necessary for preventing industrial accidents for up to 200 hours, concurrently with such sentence: Provided, That the foregoing shall not apply where there exists any special circumstance that makes it impossible to impose such order to attend an educational program.

(2) An order to attend an educational program referred to in paragraph (1) shall be executed within the period during which the execution of a sentence is suspended if a court pronounces suspension of execution of such sentence; within six months from the date a sentence becomes final and conclusive if a court pronounces punishment of a fine or notifies a summary order; and within the term of punishment if a court pronounces imprisonment with labor or any heavier punishment, respectively.

(3) Where an order to attend an educational program referred to in paragraph (1)　is imposed concurrently with a fine or suspension of execution of a sentence, such order shall be executed by the director of a probation office and, where imposed concurrently with imprisonment with labor or heavier punishment, by the head of a correctional facility.

(4) An order to attend an educational program referred to in paragraph (1) shall include the following:

1. Education on safety and health;

2. Other necessary matters to prevent industrial accidents.

(5) Except as provided in this Act, the Act on Probation shall apply mutatis mutandis to an order to attend an educational program.

Article 175 (Administrative Fines)

(1) Any of the following persons shall be punished by an administrative fine not exceeding 50 million won:

1. A person who removes or dismantles a structure or facility without undergoing an asbestos inspection by a designated institute under Article 119 (2);

2. A person who removes or dismantles a structure or facility, in violation of Article 124 (3).

(2) Any of the following persons shall be punished by an administrative fine not exceeding 30 million won:
1. A person who violates Article 29 (3) (including cases applicable mutatis mutandis in Article 166-2) or 79 (1);
2. A person who fails to report or falsely reports the occurrence of a serious accident, in violation of Article 54 (2) (including cases applicable mutatis mutandis in Article 166-2).

(3) Any of the following persons shall be punished by an administrative fine not exceeding 15 million won:

1. A person who refuses, obstructs, or evades a safety and health checkup in violation of the former part of Article 47 (3) or who fails to allow the representative of employees to participate in a safety and health checkup in violation of the latter part of that paragraph;

2. A person who fails to make a report prescribed in Article 57 (3) (including cases applicable mutatis mutandis in Article 166-2) or falsely reports;

3. A person who refuses, obstructs, or evades an epidemiological investigation without good cause, in violation of Article 141 (2);

4. A person who refuses or obstructs the participation in an epidemiological investigation by a person permitted to participate in the epidemiological investigation, in violation of Article 141 (3).

(4) Any of the following persons shall be punished by an administrative fine not exceeding 10 million won:

1. A person who fails to submit or falsely submits data concerning a relevant contractor, in violation of the latter part of Article 10 (3);

2. A person who fails to report a plan for safety and health to the board of directors or to obtain approval thereof, in violation of Article 14 (1);

3. A person who violates Article 41 (2) (including cases applicable mutatis mutandis in Article 166-2) or 42 (1), (5), or (6), the former part of Article 44 (1), Article 45 (2), 46 (1), 67 (1), 67 (2), or 70 (1), the latter part of Article 70 (2), the latter part of Article 71 (3), Article 71 (4), 72 (1), (3), or (5) (applicable only to a contractee for construction works), 77 (1), 78, or 85 (1), the former part of Article 93 (1), Article 95, or 99 (2), or the main clause, with the exception of its subparagraphs, of Article 107 (1);

4. A person who violates an order referred to in Article 47 (1) or 49 (1);

5. A person who installs or dismantles a tower crane without registration, in violation of the former part of Article 82 (1);

6. A person who fails to monitor working environments under Article 125 (1) and (2);

7. A person who fails to provide a health examination of employees under Article 129 (1) or 130 (1) through (3);

8. A person who refuses, obstructs, or evades an inspection, checkup, or collection by a labor inspector prescribed in Article 155 (1) (including cases applicable mutatis mutandis in Article 166-2) or (2) (including cases applicable mutatis mutandis in Article 166-2).

(5) Any of the following persons shall be punished by an administrative fine not exceeding five million won:
1. A person who violates Article 15 (1), 16 (1), 17 (1), 17 (3), or 18 (1), 18 (3), the main clause of Article 19 (1), the main clause of Article 22 (1), Article 24 (1) or (4), 25 (1), 26, 29 (1) or (2) (including cases applicable mutatis mutandis in Article 166-2), 31 (1), 32 (1) (applicable only to subparagrphs 1 through 4), 37 (1), 44 (2), 49 (2), 50 (3), 62 (1), 66, 68 (1), 75 (6), 77 (2), 90 (1), 94 (2), 122 (2), 124 (1) (excluding submission of evidentiary data), 125 (7), 132 (2), 137 (3), or 145 (1);

2. A person who violates an order referred to in Article 17 (4), 18 (4), or 19 (3);

3. A person who fails to post or keep a document on the essential provisions of this Act and of the orders issued pursuant to this Act, safety and health management regulations, or material safety data sheets, in violation of Article 34 or 114 (1);

4. A person who fails to post a list of matters subject to an order issued by the Minister of Employment and Labor, in violation of Article 53 (2) (including cases applicable mutatis mutandis in Article 166-2);

5. A person who fails to submit material safety data sheets, the names and content of chemical substances, or amended material safety data sheets, in violation of Article 110 (1) through (3);

6. A person who falsely submits a document verifying that there is no chemical substance falling under the classification standards referred to in Article 104, except the chemical substances stated in a material safety data sheet provided by an overseas manufacturer, in violation of Article 110 (2) 2;

7. A person who fails to provide material safety data sheets, in violation of Article 111 (1);

8. Deleted <2021. 5. 18.>

9. A person who applies for approval for non-disclosure or approval for extension prescribed in Article 112 (1) or (5) by falsely stating the reasons for protecting the actual information on the grounds of trade secrets;

10. A person who fails to provide the actual names and content of chemical substances, for which alternative data have been submitted, in violation of the latter part, with the exception of its subparagraphs of Article 112 (10);

11. A person appointed under Article 113 (1) who conducts any duty prescribed in the subparagraphs of that paragraph by fraud;

12. A person appointed under Article 113 (1) who fails to provide material safety data sheets that he or she has submitted to the Minister of Environment and Labor pursuant to paragraph (2) of that Article to the person who imports substances subject to material safety data sheet preparation;

13. A business owner who fails to comply with the methods for measuring working environments prescribed by Ordinance of the Ministry of Employment and Labor during working environment monitoring referred to in Article 125 (1) and (2) (excluding where a business owner entrusts working environment monitoring to a working environment monitoring institution pursuant to paragraph (3) of that Article);

14. A person who fails to allow the participation of the representative of employees despite his or her request therefor, in violation of Article 125 (4) or 132 (1);

15. A person who fails to inform the results of working environment monitoring to the employees at the relevant workplace, in violation of Article 125 (6);

16. A person who fails to report or appear in violation of an order referred to in Article 155 (3) (including cases applicable mutatis mutandis in Article 166-2), or who makes a false report.

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

1. A person who fails to have his or her employees complete safety and health education referred to in the main clause, with the exception of its subparagraphs, of Article 32 (1) in violation of that paragraph (applicable only to cases falling under subparagraph 5);

2. A person who fails to provide notification to the representative of employees, in violation of Article 35;

3. A person who violates Article 40 (including cases applicable mutatis mutandis in Article 166-2), 108 (5), 123 (2), 132 (3), 133, or 149;

4. A person who prepares and submits a hazard prevention plan without hearing opinions of qualified persons, in violation of Article 42 (2);

5. A person who fails to obtain verification, in violation of Article 43 (1) or 46 (2);

6. A person who fails to receive guidance, in violation of Article 73 (1);

7. A person who fails to comply with an order to submit data referred to in Article 84 (6);

8. A person who fails to submit an investigative report on hazards and dangers referred to in Article 108 (1), or who fails to submit the results of an investigation of hazards and dangers or data necessary for an assessment of hazards and dangers referred to in Article 109 (1);

9. A person who fails to provide material safety data sheets by reflecting amended matters, in violation of Article 111 (2) or (3);

10. A person who fails to take appropriate measures, such as educating the relevant employees, in violation of Article 114 (3) (including cases applicable mutatis mutandis in Article 166-2);

11. A person who fails to place a warning, in violation of Article 115 (1) or the main clause of paragraph (2) of that Article;

12. A person who removes or dismantles a structure or facility without conducting a general asbestos inspection referred to in Article 119 (1);

13. A person who fails to report to the Minister of Employment and Labor, in violation of Article 122 (3);

14. A person who fails to submit evidentiary data referred to in Article 124 (1);

15. A person who fails to make a report, submission, or notification prescribed in Article 125 (5), 132 (5), or 134 (1) or (2), or who falsely makes a report, submission, or notification;

16. A person who refuses, obstructs, or evades provision of a reply to any question prescribed in Article 155 (1) (including cases applicable mutatis mutandis in Article 166-2), or who falsely replies to such question;

17. A person who refuses, obstructs, or evades inspection, guidance, etc. prescribed Article 156 (1) (including cases applicable mutatis mutandis in Article 166-2);

18. A person who fails to retain documents, in violation of Article 164 (1) through (6).

(7) Administrative fines prescribed in paragraphs (1) through (6) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.

[Enforcement Date: Jan. 16, 2021] Article 175 (5) 3 (parts pertaining to Article 114 (1)), Article 175 (6) 2 (parts pertaining to subparagraph 5 of Article 35)

Enforcement Ordinance