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ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES AND REMEDY AGAINST INFRINGEMENT OF THEIR RIGHTS
CHAPTER VI PENAL PROVISIONS
조문단위인쇄
 Article 49 (Discriminatory Acts)
(1) If any person commits a discriminatory act prohibited under this Act and such act is deemed to be malicious, the court may sentence the discriminator to an imprisonment for not more than three years or a fine not exceeding 30 million won.
(2) Malice as used in paragraph (1) shall be determined after considering all of the following:
1. Willfulness of the discriminatory act;
2. Continuation and repetition of the discriminatory act;
3. Retaliation against the victim of discrimination;
4. Substance and scope of loss suffered from discrimination.
(3) If an representative of a corporation, or an agent, employee or other servant of a corporation or individual commits a malicious discriminatory act in relation to the affairs of such corporation or individual, not only shall such actor be punished, but also such corporation or individual shall be punished by a fine under paragraph (1): Provided, That this shall not apply where such corporation or individual has not been negligent in giving due care and supervision in connection with the relevant affairs in order to prevent such offence. <Amended by Act No. 10280, May 11, 2010>
(4) The provisions of the National Human Rights Commission Act shall apply mutatis mutandis to any other penalty not determined in this Article.