Article 37 (Penalty Provisions)

(1) Where an employer discriminates on grounds of gender in age limit, retirement and dismissal of his/her employees or concludes an employment contract that stipulates marriage, pregnancy, or childbirth of female employees as grounds for retirement in violation of Article 11, he/she shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won.

(2) Where an employer commits any of the following violations, he/she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. Where the employer fails to provide equal pay for equal-value work within the identical business, in violation of Article 8 (1);

2. Where the employer gives disadvantageous treatment to a person who reports the occurrence of sexual harassment on the job, a harassed person, etc., in violation of Article 14 (6);

2-2. Where the employer dismisses, or takes any disadvantageous measures against, an employee on grounds of paternity leave, in violation of Article 18-2 (5);

3. Where the employer dismisses, or takes any other disadvantageous measures against, an employee on grounds of childcare leave, in violation of Article 19 (3), or dismisses the relevant employee during the period of childcare leave although no ground provided for in the proviso of the same paragraph occurs;

4. Where the employer dismisses, or takes other disadvantageous measures against, an employee on grounds of a reduction of working hours for a period of childcare, in violation of Article 19-2 (5);

5. Where the employer applies unfavorable working conditions to an employee on reduced hours for a period of childcare, except for applying them in proportion to the working hours, on grounds of such reduction of working hours, in violation of Article 19-3 (1);

6. Where the employer dismisses the relevant employee, deteriorates his/her working conditions, or takes any other disadvantageous measures against him/her on grounds of family care leave or short-term family care leave, in violation of Article 22-2 (5);

7. Where the employer dismisses, or takes any disadvantageous measures against, an employee on grounds of a reduction of working hours, in violation of Article 22-3 (5);

8. Where the employer applies unfavorable working conditions to an employee on reduced hours, except for applying them in proportion to working hours, on grounds of the reduction of working hours for family care, etc., in violation of Article 22-4 (1).

(3) Where an employer requests his/her employee on reduced hours for a period of childcare or for family care, etc. to work overtime although such employee has not requested such overtime work specifically, in violation of Article 19-3 (3) or 22-4 (3), he/she shall be punished by a fine not exceeding 10 million won.

(4) Where an employer commits any of the following offences, he/she shall be punished by a fine not exceeding five million won:

1. Where the employer discriminates on grounds of gender in recruiting and employing an employee, or exhibits or demands physical conditions such as appearances, height or weight and unmarried status, which are not required for performing the relevant duties, in violation of Article 7;

2. Where the employer discriminates on grounds of gender in providing welfare, such as money, goods or similar thereto, or loans of funds, in order to support the livelihood of his/her employees except for wages, in violation of Article 9;

3. Where the employer discriminates on grounds of gender in education, assignment, and promotion of his/her employees, in violation of Article 10;

4. Where the employer fails to grant permission for childcare leave after receiving an application therefor, or fails to reinstate his/her employee in the same work as before the leave, or any other work paying the same level of wages after he/she uses childcare leave, in violation of Article 19 (1) and (4);

5. Where the employer fails to reinstate his/her employee in the same work as before a reduction of working hours for a period of childcare, or any other work paying the same level of wages after he/she completes a period for the reduction of working hours for a period of childcare, in violation of Article 19-2 (6);

6. Where the employer takes any disadvantageous personnel measures, etc. against the relevant employee on grounds that such employee has duly performed his/her duties as an honorary supervisor, in violation of Article 24 (3).

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 38 (Joint Penalty Provisions)

If the representative of a juristic person, or an agent, an employee or any other employed person of the juristic person or an individual commits an offense under Article 37 with respect to affairs of the juristic person or individual, not only the offender shall be punished, but also the juristic person or individual shall be punished by a fine under the corresponding Article: Provided, That this shall not apply where the juristic person or individual has not neglected to pay due attention and to exercise supervision with respect to the relevant affairs to prevent such offense.

[This Article Wholly Amended by Act No. 9998, Feb. 4, 2010]

Article 39 (Administrative Fines)

(1) Where an employer commits sexual harassment on the job in violation of Article 12, he/she shall be punished by an administrative fine not exceeding 10 million won.

(2) Where an employer commits any of the following offenses, he/she shall be punished by an administrative fine not exceeding five million won:

1. Deleted;

1-2. Where he/she fails to conduct preventive education of sexual harassment, in violation of Article 13 (1);

1-3. Where he/she fails to post or keep the details of preventive education of sexual harassment in a place at all times that can be readily accessed by employees, in violation of Article 13 (3);

1-4. Where he/she fails to conduct an investigation to verify whether sexual harassment on the job has occurred, in violation of the former part of Article 14 (2);

1-5. Where he/she fails to take necessary measures such as the change of the place where a harassed employee works, in violation of Article 14 (4);

1-6. Where he/she fails to take necessary measures, such as a disciplinary punishment or the change of the place where a person who has committed sexual harassment works, in violation of the former part of Article 14 (5);

1-7. Where he/she divulges confidential information he/she has obtained in the course of investigating sexual harassment which has occurred in the workplace to others, in violation of Article 14 (7);

2. Where the employer dismisses, or takes any other disadvantageous measures against, an employee on grounds of his/her claim that he/she suffered damage from sexual harassment by clients, etc. or of disregard for sexual demands from clients, etc., in violation of Article 14-2 (2);

3. Where the employer fails to grant leave although an employee has requested leave on grounds of his spouse's giving birth or fails to pay for the period of leave used, in violation of Article 18-2 (1);

3-2. Where he/she fails to grant a leave of absence for subfertility treatment, in violation of Article 18-3 (1);

4. Where the employer fails to grant a reduction of working hours for a period of childcare and to notify the relevant employee of the ground therefor in writing or fails to consult with the relevant employee as to whether to support him/her through use of childcare leave or other measures, in violation of Article 19-2 (2);

5. Where the employer fails to determine, in writing, the working conditions of an employee on reduced hours for a period of childcare, in violation of Article 19-3 (2);

6. Where the employer fails to grant a reduction of working hours for a period of childcare although he/she has received an application therefor, in violation of Article 19-2 (1);

7. Where the employer fails to grant family care leave although he/she has received an application therefor, in violation of Article 22-2 (1);

8. Where the employer fails to grant short-term family care leave although he/she has received an application therefor such leave, in violation of Article 22-2 (2).

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

1. Deleted;

1-2. Where an employer fails to take appropriate measures, such as the change of the place of work, redeployment, or the granting of a paid leave of absence, in violation of Article 14-2 (1);

2. A person who fails to submit implementation plans, in violation of Article 17-3 (1);

3. A person who fails to submit the current status of male and female employees or submits the false current status thereof, in violation of Article 17-3 (2);

4. A person who fails to submit the performance results or submits false ones, in violation of Article 17-4 (1) (excluding where the person who has submitted implementation plans under Article 17-3 (3) fails to submit the performance results);

5. A person who fails to fully cooperate in all procedures such as preparation and verification of relevant documents, in violation of Article 18 (4);

6. A person who refuses to submit reports or relevant documents under Article 31 (1), or reports or submits false reports or relevant documents;

7. A person who refuses, obstructs, or evaded an inspection under Article 31 (1);

8. A person who fails to keep relevant documents for three years, in violation of Article 33.

(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.

(5) through (7) Deleted.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Enforcement Ordinance