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Enforcement Decree of the Labor Standards Act — Article 12 (Deadline for Payment of Charges for Compelling Performance and Presentation of Opinion)

근로기준법 시행령 제12조

This English translation is based on the Korean text effective 2021-11-19. The Korean law has since been amended (current version effective 2025-10-23) — check the Korean original.

(1) The Labor Relations Commission shall, when it imposes the charge for compelling performance pursuant to Article 33 (1) of the Act, prescribe the time limit for the payment, which shall not exceed 15 days from the date of receiving a notice of imposition of the charge for compelling performance.

(2) If it is difficult to pay the charge for compelling performance within the payment deadline under paragraph (1) due to a natural disaster or any other unavoidable cause or event, the Labor Relations Commission may require the payment of charge within 15 days from the date such a cause or event ceases to exist.

(3) When a prior notice of the intent to impose and collect the charge for compelling performance is given in writing to an employer pursuant to Article 33 (2) of the Act, the notice shall contain the information that the employer has an opportunity to make a statement on his or her side, orally or in writing (including an electronic document), within a fixed period of at least 10 days. In this case, if he or she fails to make a statement by the given deadline, it shall be deemed that the employer has no objection.

(4) The procedures for collecting the charge for compelling performance shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>

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Korean original (law.go.kr) · Get articles as JSON via API

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