(1) If an employer discriminates on the grounds of gender in the retirement age, retirement, or dismissal of employees, or enters into an employment contract that provides marriage, pregnancy, or childbirth of female employees as grounds for retirement, in violation of Article 11, the employer shall be punished by imprisonment with labor for not more than 5 years, or by a fine not exceeding 30 million won.
(2) If an employer commits any of the following violations, the employer shall be punished by imprisonment with labor for not more than 3 years, or by a fine not exceeding 30 million won: <Amended on Feb. 1, 2012; Nov. 28, 2017; Aug. 27, 2019; Sep. 8, 2020; May 18, 2021>
1. Where the employer fails to provide equal pay for work of equal value within the same business, in violation of Article 8 (1);
2. Where the employer gives unfavorable treatment to an employee who reports the occurrence of workplace sexual harassment, or to the harassed employee, etc., in violation of Article 14 (6);2-2. Where the employer dismisses an employee or gives them any other unfavorable treatment on the grounds of paternity leave, in violation of Article 18-2 (5);
3. Where the employer dismisses an employee or gives them any other unfavorable treatment on the grounds of childcare leave, in violation of Article 19 (3), or dismisses the relevant employee during the period of childcare leave, without any reason provided under the proviso of that paragraph;
4. Where the employer dismisses an employee, or gives them any unfavorable treatment, on grounds of reduced working hours during a period of childcare, in violation of Article 19-2 (5);
5. Where the employer worsens the working conditions of an employee on reduced working hours during a period of childcare on grounds of such reduced working hours, except where the employer applies working conditions in proportion to the reduced working hours, in violation of Article 19-3 (1);
6. Where the employer dismisses the relevant employee, worsens their working conditions, or gives them any other unfavorable treatment on grounds of family care leave or short-term family care leave (including cases where the period is extended under paragraph (4) 3 of that Article), in violation of Article 22-2 (6);
7. Where the employer dismisses an employee, or gives them any other unfavorable treatment on grounds of reduced working hours, in violation of Article 22-3 (5);
8. Where the employer worsens the working conditions of an employee on reduced working hours on grounds of the reduction of working hours for family care, etc., except where the employer applies such working conditions in proportion to the reduced working hours, in violation of Article 22-4 (1);
9. Where the employer dismisses an employee or gives them any other unfavorable treatment, in violation of Article 29-7.
(3) If an employer requires an employee on reduced working hours during a period of childcare or for family care, etc. to work overtime although the relevant employee has not specifically requested such overtime work, in violation of Article 19-3 (3) or Article 22-4 (3), they shall be punished by a fine not exceeding 10 million won. <Amended on Aug. 27, 2019>
(4) If an employer commits any of the following violations, they shall be punished by a fine not exceeding 5 million won: <Amended on May 18, 2021>
1. Where the employer discriminates on grounds of gender in recruiting or employing employees, or presents or requires physical conditions, such as appearance, height, weight, or unmarried status, etc., which are not necessary for performing the relevant duties, in violation of Article 7;
2. Where the employer discriminates on grounds of gender in providing welfare benefits, such as money or goods, or the lending of funds, to support the living of their employees in addition to wages, in violation of Article 9;
3. Where the employer discriminates on grounds of gender in the education, assignment, or promotion of their employees, in violation of Article 10;
4. Where the employer fails to allow an employee to take childcare leave after receiving an application therefor from the employee, or fails to reinstate them to their previous duties or to other duties paying the same level of wages upon completion of childcare leave, in violation of Article 19 (1) and (4);
5. Where the employer fails to reinstate an employee to their previous duties or to other duties paying the same level of wages upon completion of a period of reduced working hours during a period of childcare, in violation of Article 19-2 (6);
6. Where the employer takes any personnel disadvantages, or any other unfavorable measures, against the relevant employee on grounds that they have duly performed their duties as an honorary supervisor, in violation of Article 24 (3).[This Article Wholly Amended on Dec. 21, 2007]