Article 39(Administrative fines) #
(1) If an employer fails to comply, without good cause, with a corrective order that has become final and conclusive under Article 29-3 (including cases where Article 29-3 applies mutatis mutandis under Articles 29-5 (4) and 29-6 (3)), they shall be subject to an administrative fine not exceeding 100 million won. <Added on May 18, 2021>
(2) If an employer commits workplace sexual harassment in violation of Article 12, they shall be subject to an administrative fine not exceeding 10 million won. <Amended on May 18, 2021>
(3) If an employer commits any of the following violations, they shall be subject to an administrative fine not exceeding 5 million won: <Amended on Feb. 1, 2012; Nov. 28, 2017; Aug. 27, 2019; May 26, 2020; Sep. 8, 2020; May 18, 2021; Oct. 22, 2024>
1. Deleted; <Nov. 28, 2017>
1-2. Where they fail to provide sexual harassment prevention education, in violation of Article 13 (1);
1-3. Where they fail to post the details of sexual harassment prevention education, or keep them available, at a place where employees can freely view them at any time, in violation of Article 13 (3);
1-4. Where they fail to conduct an investigation to verify whether workplace sexual harassment has occurred, in violation of the former part of Article 14 (2);
1-5. Where they fail to take appropriate measures, such as changing the place of work, in violation of Article 14 (4);
1-6. Where they fail to take necessary measures, such as imposing disciplinary action or changing the place of work, in violation of the former part of Article 14 (5);
1-7. Where they disclose to any other person confidential information that they become aware of in the course of investigating the occurrence of workplace sexual harassment, in violation of Article 14 (7);
2. Where they dismiss an employee, or take any other disadvantageous measure against the employee on grounds that the employee claims to have suffered damage from sexual harassment committed by clients, etc. or on grounds that the employee has not complied with sexual demands from a client, etc., in violation of Article 14-2 (2);
3. Where they fail to allow an employee to take leave although the employee has notified them of such leave due to the employee's spouse's childbirth, or fail to treat the leave used by the employee as paid leave, in violation of Article 18-2 (1);
3-2. Where they fail to allow an employee to take fertility treatment leave, in violation of Article 18-3 (1);
4. Where they fail to allow an employee to work under reduced working hours during a period of childcare and to notify the employee in writing of the reason therefor, or fail to consult with the employee regarding the use of childcare leave or other support measures, in violation of Article 19-2 (2);
5. Where they fail to determine, in writing, the working conditions of an employee on reduced hours during a period of childcare, in violation of Article 19-3 (2);
6. Where they fail to allow an employee to work under reduced working hours during a period of childcare although they have received an application therefor, in violation of Article 19-2 (1);
7. Where they fail to allow an employee to take family care leave although they have received an application therefor, in violation of Article 22-2 (1);
8. Where they fail to allow an employee to take short-term family care leave although they have received an application therefor, in violation of Article 22-2 (2) (including cases where the period is extended under paragraph (4) 3 of that Article);
9. Where they fail to comply, without good cause, with a requirement for submitting a status report on compliance with a corrective order, in violation of Article 29-4 (1) (including cases where Article 29-4 (1) applies mutatis mutandis under Articles 29-5 (4) and 29-6 (3)).
(4) Any of the following persons shall be subject to an administrative fine not exceeding 3 million won: <Amended on Nov. 28, 2017; May 18, 2021>
1. Deleted; <Nov. 28, 2017>
1-2. A person who fails to take appropriate measures, such as changing the place of work, reassigning the employee, or ordering them to take paid leave, in violation of Article 14-2 (1);
2. A person who fails to submit an implementation plan, in violation of Article 17-3 (1);
3. A person who fails to submit a report on the current status of male and female employees, or who submits a false report, in violation of Article 17-3 (2);
4. A person who fails to submit the performance results or submits false performance results, in violation of Article 17-4 (1) (excluding cases where a person who has submitted an implementation plan 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 retain relevant documents for 3 years, in violation of Article 33.
(5) Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010; May 18, 2021>
(6) Deleted. <Jan. 28, 2016>
(7) Deleted. <Jan. 28, 2016>
[This Article Wholly Amended on Dec. 21, 2007]