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Labor Standards Act — Article 109 (Penalty Provisions)

근로기준법 제109조

This English translation is based on the Korean text effective 2025-10-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.
The official source lists more than one English text for this article (for example an amendment with a different effective date). Check the Korean original for the version in force.
version 1 of 2

(1) A person who violates Article 36, 43, 44, 44-2, 46, 51-3, 52 (2) 2, 56, 65, 72 or 76-3 (6) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Jul. 27, 2007; Nov. 28, 2017; Jan. 15, 2019; Jan. 5, 2021>

(2) A public prosecution against a person who violates Article 36, 43, 44, 44-2, 46, 51-3, 52 (2) 2, or 56 may not be raised against the clearly expressed will of the person who has suffered the loss concerned. <Amended on Jul. 27, 2007; Jan. 5, 2021>

version 2 of 2

(1) A person who violates Article 36, 43, 44, 44-2, 46, 51-3, 52 (2) 2, 56, 65, 72 or 76-3 (6) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Jul. 27, 2007; Nov. 28, 2017; Jan. 15, 2019; Jan. 5, 2021>

(2) A public prosecution against a person who violates Article 36, 43, 44, 44-2, 46, 51-3, 52 (2) 2, or 56 may not be raised against the clearly expressed will of the person who has suffered the loss: Provided, That this shall not apply where a business owner in arrears who is included in a publicly disclosed list pursuant to Article 43-2 violates Article 36, 43, 44, 44-2, 46, 51-3, 52 (2) 2, or 56 during the period of disclosure. <Amended on Jul. 27, 2007; Jan. 5, 2021; Oct. 22, 2024>[Enforcement Date: Oct. 23, 2025] Article 109

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