Article 42 (Penalty Provisions)

(1) Each person who places a worker to any of the following jobs, shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won:

1. A job involved in an act of sexual trafficking defined in Article 2 (1) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;

2. A job involved in manufacturing illegal foods, etc. referred to in Article 2 (1) of the Act on Special Measures for the Control of Public Health Crimes;

3. A job involved in manufacturing illegal medicines, etc. referred to in Article 3 (1) of the Act on Special Measures for the Control of Public Health Crimes;

4. A job involved in manufacturing illegal poisonous substances, etc. referred to in Article 4 (1) of the Act on Special Measures for the Control of Public Health Crimes;

5. A job involved in illegal medical practicing referred to in Article 5 of the Act on Special Measures for the Control of Public Health Crimes;

6. A job involved in selling harmful foods, etc. referred to in Article 4 of the Food Sanitation Act;

7. A job involved in selling meat, etc. affected by diseases prescribed in Article 5 of the Food Sanitation Act;

8. Other jobs corresponding to any of subparagraphs 1 through 7 as prescribed by Presidential Decree.

(2) Each person, who attempts to commit a crime provided for in paragraph (1), shall be punished.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 43 (Penalty Provisions)

Each of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:

1. A person who engages in temporary work agency business in violation of Article 5 (5), 6 (1), (2) and (4) or 7 (1);

2. A person who receives temporary agency services in violation of Article 5 (5), 6 (1), (2) or (4), or 7 (3);

3. A person who obtains permission referred to in Article 7 (1) or permission for renewal referred to in Article 10 (2) by fraud or other wrongful means;

4. A person who violates Article 15 or 34 (2).

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 43-2 (Penalty Provisions)

Any person who violates subparagraph 2 or 3 of Article 16 of the Act on the Protection, Etc. of Fixed-Term and Part-Time Employees, applicable mutatis mutandis pursuant to Article 21 (3), shall be punished by imprisonment with labor for up to two years or by a fine not exceeding ten million won.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 44 (Penal Provisions)

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

1. A person who continues to conduct the temporary work agency business in violation of an order to suspend business referred to in Article 12 (1);

2. A person who violates Article 16.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 45 (Joint Penalty Provisions)

If the representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits a violation referred to in Article 42, 43, 43-2, or 44 in connection with the business of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.

[This Article Wholly Amended by Act No. 9698, May 21, 2009]

Article 46 (Administrative Fines)

(1) Each person who fails to comply with the corrective order finalized pursuant to Article 14 (2) or (3) of the Act on the Protection, Etc. of Fixed-Term and Part-Time Employees which applies mutatis mutandis pursuant to Articles 21 (3), 21-2 (4), and 21-3 (2) without just cause, shall be punished by an administrative fine not exceeding 100 million won.

(2) Each person who fails to directly employ a temporary agency worker in violation of Article 6-2 (1) shall be punished by an administrative fine not exceeding 30 million won.

(3) Each person who fails to give a prior written notice stating the matters stipulated in Article 20 (1) and any other matter prescribed in Ordinance of the Ministry of Employment and Labor to the relevant temporary agency worker in violation of Article 26 (1) shall be punished by an administrative fine not exceeding ten million won.

(4) Each person who fails to comply with a request by the Minister of Employment and Labor to submit a compliance report referred to in Article 15 (1) of the Act on the Protection, Etc. of Fixed-Term and Part-Time Employees which applies mutatis mutandis pursuant to Articles 21 (3), 21-2 (4) and 21-3 (2) without just cause, shall be punished by an administrative fine not exceeding five million won.

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

1. A person who fails to file a report referred to in Article 11 (1) or files a false report;

2. A person who fails to file a report referred to in Article 18 or 38 (1) or files a false report;

3. A person who violates Article 26 (3);

4. A person who violates Article 27, 29 or 33;

5. A person who fails to send the results of a health examination to a temporary work agency or a user company in violation of Article 35 (3) or (5);

6. A person who violates an improvement order issued under Article 37;

7. A person who refuses, interferes with or evades any inspection prescribed in Article 38 (2) without just cause.

(6) Administrative fines referred to in paragraphs (1) through (5) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.

(7) and (8) Deleted.

Enforcement Ordinance