1
This Direction is prepared for the management of administrative fined cases in accordance with the Art. 79, 80, and 82 of the Labor Standards Act. (Hereafter referred as the Act).
2
In the time of discovering the violation of the Act during the inspection, the labor inspection agency should evoke official letters with reciprocal documents to the competent authority.
3
The competent authority, after receiving the letter and document stated above, should issue an administrative fine report and deliver it to the violator within 10 days; the violator should render the payment within 15 days, from the second date of receiving the report. Unless it is found necessary to re-examine reciprocal evidence, the delivery of the issued report should not exceed over 15 days.
4
In order to issue the administrative fine penalty, the competent authority should consider carefully the nature, the procedure and outcome incurred, the sequence of the violation, and any other conditions, to issue the fine penalty in accordance with the Act.
5
In the case of which the violator has not render the payment after the due date; the competent authority should issue a Letter of Payment Acceleration to accelerate the speed of collecting the fine payment. The payment must be rendered within next 10 days.
6
In the case of which the violator does not render the payment even after the second date of receiving the Letter of Payment Acceleration, the competent authority may submit a Compulsory Execution Transfer Notification for Administrative Fine Payment with the attachment of necessary documents to the court to issue compulsory execution.
7
A copy of both the Fine Penalty Notification and Compulsory Execution Transfer Notification must be rendered to the labor inspection agency.
8
On each of the case of which violates the labor standards act, the fine penalty should be dealt with separately according to the article of which the violation is incurred.
9
The competent authority should establish a specialized management item for the functions of documents administration and timing management of which the violation of the labor standards act incurred.
10
In the case of which where the violation of the Act that took place and where the employer or business entity located do not fall into the jurisdiction of the same competent authority, the case could be consigned to the local competent authority. In the case of which the competent authority also carries out the function of labor inspection, the procedure may be simplified according to the situation.
11
The cases of fine penalty stipulated in article 81 of the Act should be dealt with at the same time.
12
Both the case of which exposed independently by the competent authority, and the case of which accused by the worker and being prosecuted in fine penalty should be disposed in accordance with this directions.