| (1) | Where an employer discriminates on grounds of gender in age limit, retirement and dismissal of his/her workers or concludes an employment contract that stipulates marriage, pregnancy, or childbirth of female workers as grounds for retirement in violation of Article 11, he/she shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won. |
| (2) | Where an employer commits any of the following violations, he/she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won: <Amended by Act No. 11274, Feb. 1, 2012> |
| 1. | Where the employer fails to provide equal pay for equal-value work within the identical business, in violation of Article 8 (1); |
| 2. | Where the employer dismisses, or take any other disadvantageous measures against, a worker who has been victimized by sexual harassment on the job or who has claimed that sexual harassment on the job occurred, in violation of Article 14 (2); |
| 3. | Where the employer dismisses, or takes any other disadvantageous measures against, a worker on grounds of childcare leave, in violation of Article 19 (3), or dismisses the relevant worker during the period of childcare leave although no ground provided for in the proviso to the same paragraph occurs; |
| 4. | Where the employer dismisses, or takes other disadvantageous measures against, a worker on grounds of the reduction of working hours for a period of childcare, in violation of Article 19-2 (5); |
| 5. | Where the employer applies unfavorable working conditions to a worker under the reduction of working hours for a period of childcare on grounds of such reduction of working hours, in violation of Article 19-3 (1), except for applying them in proportion to the working hours; |
| 6. | Where the employer dismisses the relevant worker, deteriorates his/her working conditions, or takes any other disadvantageous measures against him/her on grounds of family care leave, in violation of Article 22-2 (4). |
| (3) | Where an employer requests his/her worker under the reduction of working hours for a period of childcare to work overtime although such worker has not requested such overtime work specifically, in violation of Article 19-3 (3), he/she shall be punished by a fine not exceeding ten million won. |
| (4) | Where an employer commits any of the following offences, he/she shall be punished by a fine not exceeding five million won: |
| 1. | Where the employer discriminates on grounds of gender in recruiting and employing a worker, or exhibits or demands physical conditions, such as appearances, height or weight and unmarried status, which are not required for performing the relevant duties, in violation of Article 7; |
| 2. | Where the employer discriminates on grounds of gender in providing welfare, such as money, goods or similar thereto, or loans of funds, in order to support the livelihood of his/her workers except for wages, in violation of Article 9; |
| 3. | Where the employer discriminates on grounds of gender in education, assignment, and promotion of his/her workers, in violation of Article 10; |
| 4. | Where the employer fails to grant permission for childcare leave after receiving an application therefor, or fails to reinstate his/her worker in the same work as before the leave, or any other work paying the same level of wages after the completion of a worker's childcare leave, in violation of Article 19 (1) and (4); |
| 5. | Where the employer fails to reinstate his/her worker in the same work as before the reduction of working hours for a period of childcare, or any other work paying the same level of wages after the completion of a period for reduction of working hours for a period of childcare of a worker, in violation of Article 19-2 (6); |
| 6. | Where the employer takes any disadvantageous personnel measures, etc. against the relevant worker on grounds that such worker has duly performed his/her duties as an honorary supervisor, in violation of Article 24 (3). |
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]