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2015.07.03
Article 2 (Definitions)
The definition of terms used in this Act shall be as follows:
1. The term "discrimination" means that an employer discriminates against a worker
in employment or working conditions, or takes any other disadvantageous
measures without any justifiable reason, on grounds of gender, marriage, status
within family, pregnancy or childbirth, etc. (including cases where, even if the
employer equally applies employment or working conditions, the number of men or
women capable of satisfying such conditions is remarkably fewer in comparison
with the opposite gender, and thus causing disadvantageous results to the opposite
gender, and the said conditions may not be attested to be justifiable): Provided,
That this shall not apply to any of the following cases:
(a)
characteristics of duties;
(b)
(c) Other cases where positive employment improvement measures are taken
under this Act or other Acts;
2. The term "sexual harassment on the job" means that an employer, a superior or a
worker causes another worker feel sexual humiliation or a repulsive feeling by
sexual words or actions by utilizing a position within a workplace or in relation with
duties, or providing any disadvantages in employment on account of disregard to
sexual words or actions or any other demands, etc.;
3. The term "positive employment improvement measures" means measures to
favorably treat the specific gender temporarily in order to eliminate existing
employment discrimination between men and women, or to promote equal
employment;
4. The term "worker" means a person employed by an employer and a person having
the intention to start work.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 3 (Scope of Application) (1) This Act shall apply to all sorts of businesses or
business places (hereinafter referred to as "business") that employ workers:
Provided, That the whole or part of this Act may not apply to the business
designated by Presidential Decree.
(2) The materialization of equal employment for both genders and work-family
balance shall be governed by this Act except as otherwise provided for by other
Acts.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 4 (Responsibility of State and Local Governments) (1) The State and local
governments shall, in order to achieve the purposes of this Act, promote the
interests and understanding of the people, assist women in developing their
vocational abilities and promoting their employment, and endeavor to eliminate all
factors detrimental to the materialization of equal employment for both genders.
(2) The State and local governments shall support the endeavors of workers and the
employer for work-family balance and endeavor to prepare financial resources
necessary for assisting such balance and create the given conditions.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 6 (Formulation, etc. of Policies) (1) The Minister of Employment and Labor
shall formulate and execute the policies falling under each of the following
subparagraphs in order to materialize equal employment for both genders and workfamily balance: <Amended by Act No. 10339, Jun. 4, 2010>
1. Publicity for spreading the consciousness of equal employment for both genders;
2.
Article 6-2 (Formulation of Master Plans) (1) The Minister of Employment and Labor
shall formulate a master plan for the materialization of equal employment for both
genders and work-family balance (hereinafter referred to as "master plan").
<Amended by Act No. 10339, Jun. 4, 2010>
(2) A master plan shall include the following matters: <Amended by Act No. 10339,
Jun. 4, 2010>
1. Matters concerning the promotion of the employment of women;
2. Matters concerning the guarantee of equal opportunities and treatment for both
genders;
3. Matters concerning the fixing of the principle of equal pay for work of equalvalue;
4. Matters concerning the development of vocational abilities of women;
5. Matters concerning the protection of motherhood of female workers;
6. Matters concerning assistance in work-family balance;
7. Matters concerning the establishment and operation of welfare facilities for
female workers;
8. Other matters deemed necessary by the Minister of Employment and Labor for
the materialization of equal employment for both genders and assistance in workfamily balance.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
Article 8 (Wages) (1) The employer shall provide equal pay for work of equal-value
within the identical business.
(2) Standards for work of equal-value shall be skills, labor, responsibility, working
conditions, etc. required for the performance of duties, and employers shall, in
setting such standards, hear opinions of the member representing the workers at the
labor-management council under Article 25.
(3) A separate business established by an employer for the purpose of wage
discrimination shall be deemed an identical business.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 11 (Age Limit, Retirement, and Dismissal) (1) No employer shall discriminate
on grounds of gender in age limit, retirement, and dismissal of his/her workers.
(2) No employer shall conclude an employment contract that stipulates marriage,
pregnancy, or childbirth of female workers as grounds for retirement.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 13 (Preventive Education of Sexual Harassment on Job) (1) The employer shall
conduct preventive education of sexual harassment on the job (hereinafter referred
to as "preventive education of sexual harassment") in order to prevent sexual
harassment on the job and to create the given conditions whereunder his/her
workers may work in a safe working environment.
(2) Matters necessary concerning the detail, methods, frequency, etc. of preventive
education of sexual harassment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
(3) The institution for preventive education of sexual harassment shall conduct
education, as prescribed by Ordinance of the Ministry of Employment and Labor,
keep data relating to execution of education, such as the completion certificate of
education or the roster of persons completing education etc., and deliver such data to
employers or persons undergoing education. <Amended by Act No. 10339, Jun. 4,
2010>
(4) The Minister of Employment and Labor may cancel relevant designation where
the institution for preventive education of sexual harassment falls under any one of
the following subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where the designation has been obtained by false or other unlawful means;
2. Where the lecturer prescribed in paragraph (2) has not been placed consecutively
for 6 months or longer without any justifiable reasons.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 14 (Measures in Event of Sexual Harassment onJob) (1) The employer shall,
where an occurrence of sexual harassment on the job has been verified, take without
delay disciplinary measures or any other action corresponding thereto against the
relevant actor.
(2) The employer shall not dismiss, or take any other disadvantageous measures
against, a worker who has been damaged with regard to sexual harassment on the
job or claimed damage occurred from sexual harassment.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 14-2 (Prevention of Sexual Discrimination by Clients, etc.) (1) Where any
person closely related to the duties, such as a client, etc. causes a worker feel
sexual humiliation or repulsive feeling by sexual words, actions, etc. during the
performance of the duties and such worker requests resolution of the grievance
thereby, the employer shall endeavor to take all possible measures, such as the
change of workplace and relocation.
(2) No employer shall dismiss, or take any other disadvantageous measures against,
a worker on account of his/her claim for any damage under paragraph (1) or of
disregard for sexual demands from clients, etc.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
Article 17-2 (Support for Ability Development and Employment Promotion of CareerInterrupted Women) (1) The Minister of Employment and Labor shall select job
types with good employment prospects and develop special training and employment
promotion programs for career-interrupted women who have quit their jobs for such
(4) The Minister of Employment and Labor shall examine implementation plans
submitted under paragraphs (1) and (3), and where the relevant details are not clear
or the efforts to improve discriminative employment practices are insufficient, and
thus deemed in appropriate as implementation plans, he/she may request the relevant
employer to supplement implementation plans. <Amended by Act No. 10339, Jun. 4,
2010>
(5) Necessary matters concerning implementation plans under paragraphs (1) and
(2), items to be entered in current status of male and female workers, time and
procedures for submission, etc. shall be prescribed by Ordinance of the Ministry of
Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 17-4 (Evaluation of Performance Results and Support,etc.) (1) Any person
who has submitted an implementation plan under Article 17-3 (1) and (3) shall
submit the performance results to the Minister of Employment and Labor. <Amended
by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall evaluate the performance results
submitted under paragraph (1), and notify the employer of the relevant results.
<Amended by Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor may commend an enterprise with
excellent performance results as a result of evaluation under paragraph (2)
(hereinafter referred to as "enterprise with excellent positive employment
improvement measures"). <Amended by Act No. 10339, Jun. 4, 2010>
(4) The State and local governments may render administrative and financial
support to enterprises with excellent positive employment improvement measures.
(5)
The Minister of Employment and Labor may urge employers with poor
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notification procedures for evaluation results under paragraph (2) shall be provided
for by Ordinance of the Ministry of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
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Feb. 1, 2012>
(5) Matters necessary for the requirements, period and procedures for payment of
maternity leave benefits, etc. and other matters shall be prescribed by a separate
Act. <Amended by Act No. 11274, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 18-2 (Paternity Leave) (1) Where a male worker requests leave on grounds of
his spouse's childbirth, the employer shall grant leave for at least three up to five
days. In such cases, he shall be paid for the first three days out of the period of
leave used. <Amended by Act No. 11274, Feb. 1, 2012>
(2) No leave provided for in paragraph (1) may be requested after the lapse of 30
days from the date the spouse of the relevant worker gave birth.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
reinstate the relevant worker in the same work as before temporary retirement, or
any other work paying the same level of wages. The period of temporary retirement
for childcare under paragraph (2) shall be included in his/her continuous employment
period.
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(6) Matters necessary for methods and procedures for application for temporary
retirement for childcare and other matters shall be prescribed by Presidential
Decree.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 19-2 (Reduction of Working Hours for Period of Childcare) (1) Where any
worker eligible to apply for temporary retirement for childcare under Article 19 (1)
applies for a reduction of working hours in lieu of such retirement (hereinafter
referred to as "reduction of working hours for period of childcare"), the employer
shall grant it: Provided, That this shall not apply to cases prescribed by Presidential
Decree, such as where it is impossible to employ his/her substitute or where such
reduction of working hours for period of childcare substantially hinders the normal
operation of business. <Amended by Act No. 11274, Feb. 1, 2012>
(2) Where the employer elects not to grant a reduction of working hours for period
of childcare under the proviso to paragraph (1), he/she shall notify the relevant
worker of the ground in writing or have him/her use temporary retirement for
childcare or consult with the relevant worker as to whether to support him/her
through other measures. <Amended by Act No. 11274, Feb. 1, 2012>
(3) Where the employer grants a reduction of working hours for period of childcare
to the relevant worker under paragraph (1), the working hours after reduction shall
be at least 15 hours a week, but shall not exceed 30 hours a week.
(4) The period for reduction of working hours for a period of childcare shall not
exceed one year.
(5) No employer shall dismiss, or take any disadvantageous measures against, a
worker on grounds of reduction of working hours for a period of childcare.
(6) After completing a reduction period of working hours for a period of childcare,
the employer shall reinstate him/her in the same work as before a reduction of
working hours, or any other work paying the same level of wages.
(7) Matters necessary for methods and procedures for filing an application for a
reduction of working hours for a period of childcare and other matters shall be
prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
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Article 19-3 (Working Conditions, etc. during Reduction of Working Hours for Period of
Childcare) (1) No employer shall unfavorably apply working conditions to a worker
under a reduction of working hours for a period of childcare under Article 19-2,
except for cases of applying them in proportion to working hours, on grounds of a
reduction of working hours for a period of childcare.
(2) Working conditions of a worker under a reduction of working hours for a period
of childcare under Article 19-2 (including working hours after the reduction of
working hours for a period of childcare) shall be determined in writing between the
employer and the relevant worker.
(3) No employer may request a worker under a reduction of working hours under
Article 19-2 to engage in overtime work: Provided, That where the relevant worker
requests such overtime work specifically, the employer may have him/her engage in
such overtime work within 12 hours a week.
(4) Where average wages are calculated under subparagraph 6 of Article 2 of the
Labor Standards Act with regard to a worker under a reduction of working hours for
a period of childcare, the period during which the working hours for a period of
childcare of the relevant worker are reduced shall be excluded in calculating the
period of average wages.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
Article 19-4 (Types of Using Temporary Retirement for Childcare and Reduction of
Working Hours for Period of Childcare)
Where a worker intends to use temporary retirement for childcare or reduce working
hours for a period of childcare under Articles 19 and 19-2, he/she may do so by
choosing one of the following methods: Provided, That the total period shall not
exceed one year irrespective of any method:
1. One-time use of temporary retirement for childcare;
2. One-time use of reduction of working hours for a period of childcare;
3. Divided use of temporary retirement for childcare (only once);
4. Divided use of reduction of working hours for a period of childcare (only once);
5.
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Article 19-5 (Other Measures for Supporting Childcare) (1) The employer shall
endeavor to take the following measures in order to support childcare of a worker
who rears children before attending elementary school:
1. Adjustment of time to commence and finish duties;
2. Restriction on overtime work;
3. Adjustment of working hours, such as reduction or flexible operation of working
hours;
4. Other necessary measures for supporting childcare of the relevant worker.
(2) The Minister of Employment and Labor may provide necessary support, in
consideration of effects on employment, etc., where the employer takes measures
under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
Article 20 (Work-Family Balance Assistance) (1) The State may, where the employer
has granted temporary retirement for childcare or a reduction of working hours for a
period of childcare to the worker, subsidize some of living expenses of the relevant
worker and the expenses incurred in maintaining the worker's employment.
(2) The State may support employers who introduce measures for assisting workfamily balance of his/her workers, through taxation and finance.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 21 (Establishment of, and Support for, Workplace Child Care Centers, etc.) (1)
Employers shall establish child care centers necessary for childcare, such as
lactation and daycare (hereinafter referred to as "workplace child care center") in
order to assist in the worker's employment. <Amended by Act No. 10789, Jun. 7,
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2011>
(2) Matters concerning the establishment and operation of workplace child care
centers, such as the scope of employers obligated to establish child care centers,
shall be governed by the Infant Care Act. <Amended by Act No. 10789, Jun. 7,
2011>
(3) The Minister of Employment and Labor shall provide such assistance and
guidance as required for the establishment and operation of workplace child care
centers in order to promote the employment of workers. <Amended by Act No.
10339, Jun. 4, 2010; Act No. 10789, Jun. 7, 2011>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 22-2 (Support for Family Care, etc. of Workers) (1) Where any worker applies
for a temporary retirement in order to take care of his/her parents, spouse, sons and
daughters or parents of his/her spouse (hereinafter referred to as "family") on
grounds of their disease, accident or senility (hereinafter referred to as "temporary
retirement for family care"), the employer shall grant it: Provided, That this shall not
apply to cases prescribed by Presidential Decree, such as where it is impossible to
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employ his/her substitute or where such reduction of working hours for a period of
childcare substantially hinders the normal operation of business. <Amended by Act
No. 11274, Feb. 1, 2012>
1. Adjusting the work starting and finishing time;
2. Restricting overtime work;
3. Adjusting working hours, such as reduction or flexible operation, etc. of working
hours;
4. Other supportive measures appropriate for workplace conditions.
(6) Employers shall endeavor to provide necessary psychological counseling
services to assist his/her workers in maintaining a sound workplace and family life.
(7) The Minister of Employment and Labor may provide necessary support, in
consideration of effects, etc. on employment, where the employer takes measures
under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
Article 22-3 (Formation of Foundation for Work-Family Balance Assistance) (1) The
Minister of Employment and Labor shall perform projects such as surveys, research
and publicity to introduce and spread family-work balance programs and to support
the smooth operation, etc. of measures for protection of motherhood, and provide
both employers and workers with professional counseling services and relevant
information, etc. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may perform the duties under paragraph
(1) and those concerning support for the establishment and operation of workplace
childcare facilities under Articles 21 and 21-2 by entrusting them to public agencies
or private organizations, as prescribed by Presidential Decree. <Amended by Act
No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor may subsidize any expenses incurred in
performing the duties to the agencies entrusted with the duties under paragraph (2).
<Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
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an honorary supervisor.
(4) Necessary matters concerning the commissioning, decommissioning, etc. of
honorary supervisors shall be prescribed by Ordinance of the Ministry of
Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
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(2) The relevant public officials shall, in cases under paragraph (1), carry a
certificate verifying his/her authority and produce it to persons concerned.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Article 35 (Subsidizing Expenses) (1) The State, local governments, and public
agencies may, within the limit of budget, wholly or partially subsidize expenses
incurred in performing projects related to promotion of employment and welfare of
women.
(2) The State, local governments, and public agencies may, where a person in
receipt of subsidy under paragraph (1) falls under any of the following
subparagraphs, revoke a decision on paying subsidy wholly or partially, and order the
return of all or part of the subsidy that has been paid:
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1. Where he/she has used the subsidy for purposes other than intended projects;
2. Where he/she has violated the terms of the decision on paying subsidy (including
the relevant conditions, if they are attached thereto);
3. Where he/she has received a subsidy by false or any other unlawful means.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
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retirement for childcare although no ground provided for in the proviso to the same
paragraph occurs;
4. Where the employer dismisses, or takes other disadvantageous measures against,
a worker on grounds of the reduction of working hours for a period of childcare, in
violation of Article 19-2 (5);
5. Where the employer unfavorably applies working conditions to a worker under
the reduction of working hours for a period of childcare on grounds of such
reduction of working hours, in violation of Article 19-3 (1), except for cases of
applying them in proportion to the working hours;
6. Where the employer dismisses the relevant worker, deteriorates his/her working
conditions, or takes any other disadvantageous measures against him/her on
grounds of temporary retirement for family care, in violation of Article 22-2 (4).
(3) Where an employer requests his/her worker under the reduction of working
hours for a period of childcare, to do overtime work although such worker has not
requested such overtime work specifically, in violation of Article 19-3 (3), he/she
shall be punished by a fine not exceeding ten 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 recruitment and
employment of a worker, 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, or loans of funds in order to support the livelihood
of his/her workers 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 workers, in violation of Article 10;
4. Where the employer grants permission for temporary retirement for childcare
after receiving an application therefor, or fails to reinstate his/her worker in the
same work as before temporary retirement, or any other work paying the same
level of wages after the completion of a worker's temporary retirement for
childcare, in violation of Article 19 (1) and (4);
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5. Where the employer fails to reinstate his/her worker in the same work as before
the reduction of working hours for a period of childcare, or any other work paying
the same level of wages after the completion of a period for reduction of working
hours for a period of childcare of a worker, in violation of Article 19-2 (6);
6. Where the employer takes any disadvantageous personnel measures, etc. against
the relevant worker on grounds that such worker 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 39 (Fines for Negligence) (1) Where an employer commits sexual harassment
on the job in violation of Article 12, he/she shall be punished by a fine for negligence
not exceeding ten million won.
(2) Where an employer commits any of the following offenses, he/she shall be
punished by a fine for negligence not exceeding five million won. <Amended by Act
No. 11274, Feb. 1, 2012>
1. Where the employer fails to take, without delay, a disciplinary measure or any
other action corresponding thereto against the relevant actor although the
occurrence of sexual harassment on the job has been verified, in violation of Article
14 (1);
2. Where the employer dismisses, or takes any other disadvantageous measures
against, a worker on grounds of a claim for any damage from sexual harassment
from the client, etc. or of disregard for sexual demand from the client, etc., in
violation of Article 14-2 (2);
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3. Where the employer fails to grant leave for at least three up to five days although
a worker has requested leave on grounds of his spouse's giving birth or fails to pay
for the first three days out of the period of leave used, in violation of Article 18-2
(1);
4. Where the employer fails to grant a reduction of working hours for a period of
childcare and fails to notify the relevant worker of the ground in writing or fails to
consult with the relevant worker as to whether to support him/her through use of
temporary retirement for childcare or other measures, in violation of Article 19-2
(2);
5. Where the employer fails to determine, in writing, the working conditions of a
worker under a reduction of working hours for a period of childcare, in violation of
Article 19-3 (2);
(3) Any of the following persons shall be punished by a fine for negligence not
exceeding three million won:
1. A person who fails to provide preventive education of sexual harassment on the
job, in violation of Article 13 (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 employment of male and female
workers or submits the false current status of employment of male and female
workers in violation of Article 17-3 (2);
4.
performance results by false 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.
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(4) Fines for negligence referred to in paragraphs (1) through (3) shall be imposed
and collected by the Minister of Employment and Labor, as prescribed by
Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(5) Any person dissatisfied with a disposition of a fine for negligence under
paragraph (4) may file an objection with the Minister of Employment and Labor
within 30 days after being notified of such disposition. <Amended by Act No. 10339,
Jun. 4, 2010>
(6) Where a person subject to a disposition of a fine for negligence under paragraph
(4) files an objection under paragraph (5), the Minister of Employment and Labor
shall, without delay, notify the competent court, which, in turn, shall proceed to a
trial on a fine for negligence pursuant to the Non-Contentious Case Litigation
Procedure Act. <Amended by Act No. 10339, Jun. 4, 2010>
(7) If neither objection is raised nor fine for negligence paid within the period
prescribed in paragraph (5), it shall be collected in the same manner as delinquent
national taxes are collected.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
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