Article 37 (Penal Provisions)

Where an employer commits any of the following violations, such employer shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 11614, Feb. 1, 2012, Act No. 15106, Nov. 28, 2017, Act No. 16576, Aug. 27, 2019, Act No. 17541, Sep. 8, 2020, Act No. 18171, May 18, 2021> 1. Where, in violation of Article 8 (1), the same wage is not paid for work of equal value within the same business. 2. Where, in violation of Article 14 (6), unfavorable treatment is given to a worker who has reported the occurrence of workplace sexual harassment, or to the victimized worker, etc. 2의2. Where, in violation of Article 18 (2) (5), dismissal or other unfavorable treatment is given for the reason of spousal birth leave. 3. Where, in violation of Article 19 (3), dismissal or other unfavorable treatment is given for the reason of parental leave, or where dismissal is made during the parental leave period without the reasons specified in the proviso to the same paragraph. 4. Where, in violation of Article 19 (2) (5), dismissal or other unfavorable treatment is given to a worker for the reason of reduction of working hours during the child-rearing period. 5. Where, in violation of Article 19 (3) (1), the working conditions of a worker who is reducing working hours during the child-rearing period are made unfavorable for reasons other than the reduction of working hours in proportion to the reduced working hours. 6. Where, in violation of Article 22 (2) (6), dismissal or other unfavorable treatment such as deterioration of working conditions is given to a worker for the reason of family care leave or family care holiday (including cases where the period is extended under Article 22 (4) (3)). 7. Where, in violation of Article 22 (3) (5), dismissal or other unfavorable treatment is given to a worker for the reason of reduction of working hours. 8. Where, in violation of Article 22 (4) (1), the working conditions of a worker who is reducing working hours for family care, etc. are made unfavorable for reasons other than the reduction of working hours in proportion to the reduced working hours. 9. Where, in violation of Article 29 (7), dismissal or other unfavorable treatment is given to a worker.

Where an employer commits any of the following violations, such employer shall be punished by a fine not exceeding 5 million won. <Amended by Act No. 18171, May 18, 2021, Act No. 2026, Feb. 19, 2026> 1. Where, in violation of Article 7, an employer discriminates between men and women in the recruitment and hiring of workers, or presents or demands physical conditions such as appearance, height, and weight, or conditions such as being unmarried, which are not necessary for the performance of the job when recruiting or hiring workers. 2. Where, in violation of Article 9, discrimination is made between men and women in welfare benefits, such as payment of money or loans to support workers' livelihoods in addition to wages. 3. Where, in violation of Article 10, discrimination is made between men and women in the education, placement, and promotion of workers. 4. Where, in violation of Article 19 (1), (4), or (6), an employer does not allow parental leave upon receiving an application for parental leave, or does not return the worker to the same job or a job with the same level of wages as before the leave after the parental leave has ended. 5. Where, in violation of Article 19 (2) (6), a worker is not returned to the same job or a job with the same level of wages as before the reduction of working hours during the child-rearing period after the period of reduction of working hours has ended. 6. Where, in violation of Article 24 (3), unfavorable measures such as personnel disadvantages are taken against a worker for performing legitimate duties as an honorary supervisor.