国内政策【切换】 国际政策

Korea-Labor Law-"Act on Improving Employment and Other Behaviors of Construction Workers" Enforcement Date: January 1, 2015

ENFORCEMENT DECREE OF THE ACT ON THE EMPLOYMENT IMPROVEMENT, ETC., OF CONSTRUCTION WORKERS

[Enforcement Date 01. Jan, 2015.] [Presidential Decree No.25840, 09. Dec, 2014., Amendment by Other Act]

Ministry of Employment and Labor (Regional Industrial Employment Policy Division) , 044-202-7405

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on the Employment Improvement, etc., of Construction Workers and those necessary for the enforcement thereof.

Article 2 (Definition of Construction Industry) (1) "Construction industry prescribed by the Presidential Decree" in subparagraph 1 of Article 2 of the Act on the Employment Improvement, etc., of Construction Workers (hereinafter referred to as "Act") refers to the construction industry defined in the Korean Standard Industrial Classification announced by the Commissioner of the Statistics Korea pursuant to the Statistics Act.

Article 3 (Changes to Important Matters in Master Plan) "Important matters in a master plan as prescribed by the Presidential Decree" in the latter part of Article 3 (3) of the Act refers to the following matters:

1. Matters concerning vocational training to cultivate skilled construction workers;

2. Matters concerning the establishment of employment promotion facilities for construction workers.

Article 3-2 (Designation and Report of Person Responsible for Employment Management) (1) An employer shall designate a person responsible for employment management for each workplace among employers under Article 2 (1) 2 of the Labor Standards Act or workers working in the relevant workplace pursuant to the main sentence of the part other than each subparagraph of Article 5 (1) of the Act.  <Amended by Presidential Decree No. 24155, Oct. 29, 2012>

(2) "Workplaces not lager than the size prescribed by the Presidential Decree" in the proviso to the part other than each subparagraph of Article 5 (1) of the Act refers to workplaces carrying out construction work with a total construction cost of less than two billion won.  <Amended by Presidential Decree No. 25840, Dec. 9, 2014>

(3) A person responsible for employment management may perform other duties to the extent that it does not hinder the performance of the duties referred to in each subparagraph of Article 5 (1) of the Act.

(4) When an employer reports the acquisition of insured status pursuant to Article 15 of the Employment Insurance Act, he/she shall report the name, position and job details of the person responsible for employment management as well.

 <This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011>

Article 3-3 (Support for Employment Improvement, etc., of Construction Workers) Pursuant to Article 7 (2) of the Act, the Minister of Employment and Labor shall entrust the business referred to in each subparagraph of paragraph (1) of the same Article to the corporation or organization determined according to the following classification:

1.Vocational training conducted for the cultivation, etc., of skilled construction workers under Article 7 (1) 1 of the Act: the Human Resources Development Service of Korea under the Act on the Human Resources Development Service of Korea (hereinafter referred to as "HRD Korea");

2. Educational training conducted for the improvement, etc., of skilled construction workers' skills under Article 7 (1) 1 of the Act: the Mutual Aid Association for Construction Workers under Article 9 of the Act (hereinafter referred to as "Mutual Aid Association");

3.Business concerning the establishment and operation of employment support facilities for construction workers under Article 7 (1) 2 of the Act: any corporation or organization determined and announced by the Minister of Employment and Labor, which is a construction industry-related employers' or workers' organization meeting the requirements for being able to provide employment support pursuant to related Acts and subordinate statutes, such as the Employment Security Act;

4. Business of implementing programs to improve the employment of construction workers under Article 7 (1) 3 of the Act: the Mutual Aid Association;

5. Business of educating and training persons responsible for employment management under Article 7 (1) 4 of the Act: the Mutual Aid Association;

6. Any other business necessary for employment security, employment promotion and welfare promotion for construction workers under Article 7 (1) 5 of the Act.

 <This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011>

Article 4 (Scale of Construction Work Requiring Installation, etc., of Employment-related Convenient Facilities)

Construction work in which the employer shall set up facilities, such as lavatories, dining rooms and dressing rooms, or take measures to made them available pursuant to Article 7-2 of the Act shall be construction work with an expected construction cost of 100 million won or more (referring to the expected construction cost corresponding to each site in cases where the construction work is carried out at two or more separate sites).

Article 5 (Execution of Mutual Aid Program) (1) "Construction industry-related mutual aid associations and employers' organizations prescribed by the Presidential Decree" in Article 8 of the Act refers to those falling under any of the following subparagraphs:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.A constructors' organization established pursuant to Article 50 of the Framework Act on the Construction Industry;

2. A mutual aid association established pursuant to Article 54 of the Framework Act on the Construction Industry;

3. A housing builders' organization established pursuant to Article 81 of the Housing Act;

4.Any other construction industry-related mutual aid association and employers' organization established after permission or authorization, etc., has been obtained pursuant to other Acts and designated by the Minister of Employment and Labor in consultation with the head of the competent administrative agency .

(2) "Those who meet the standards prescribed by the Presidential Decree" in Article 8 of the Act refers to construction industry-related mutual aid associations and employers' organizations prescribed in each subparagraph of paragraph (1), which at least one third of those eligible to join the mutual aid associations and employers' organizations concerned have joined.

Article 5-2 (Matters to be Entered in Articles of Association)

The following matters shall be entered in the articles of association of the Mutual Aid Association pursuant to Article 9 (4) of the Act:

1. Objectives;

2. Name;

3. Matters concerning the establishment and operation of the principal office and branch offices;

4. Matters concerning the board of directors of the Mutual Aid Association (hereinafter referred to as "board of directors");

5. Matters concerning officers and employees;

6. Matters concerning organization and structure;

7. Matters concerning internal audit and external audit;

8. Matters concerning the scope and details of business and the execution thereof;

9. Matters concerning assets and accounting;

10. Matters concerning amendments to the articles of association;

11. Matters concerning dissolution and disposal of residual property;

12. Matters concerning the method of public notice;

13. Other matters necessary for the operation of the Mutual Aid Association.

 <This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011>

Article 5-3 (Inquiry about Data)

Pursuant to Article 9-3 (2) of the Act, the Mutual Aid Association may make an inquiry to the following institutions about related data to issue a career certificate.

1.The Korea Employment Information Service under Article 18 of the Framework Act on Employment Policy: inquiry about the work and vocational training history of an insured person under employment insurance;

2. HRD Korea: inquiry about the issuance of a qualification certificate to a construction worker;

3.Any other institution considered to have data that must be inquired about to check the career experience of a construction worker.

 <This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011>

Article 5-4 (Composition of Board of Directors) (1) The board of directors shall be composed of the following individuals:   <Amended by Presidential Decree No. 24447, Mar. 23, 2013>

1. The president of the Mutual Aid Association (hereinafter referred to as "president");

2.Two public officials each holding a post designated by the Minister of Employment and Labor and the Minister of Land, Infrastructure and Transport and both belonging to the senior civil service.

3. Not more than five heads of construction industry-related mutual aid associations and employers' organizations prescribed by the articles of association of the Mutual Aid Association;

4. Not more than two experts recommended by the heads of mutual aid associations and employers' organizations referred to in subparagraph 3 after consultation;

5. Not more than three experts recommended by the Minister of Employment and Labor and not more than three experts recommended by the Minister of Land, Infrastructure and Transport;

6. Not more than two experts recommended by a trade union which is a nationwide federation;

7.Any person who has been engaged in the construction industry or labor-related work for at least 15 years and is commissioned by the board of directors in recognition of his/her expertise.

(2) The appointment of directors falling under paragraph (1) 4 through 7 shall undergo deliberation and decision by the board of directors pursuant to Article 9-4 (1) 3 of the Act.

(3) The president and directors falling under paragraph (1) 7 shall serve full-time.

(4) Experts under paragraph (1) 4 through 6 refer to persons falling under any of the following subpargraphs:

1.A person who has ever served or currently serves as an associate professor or associate research fellow or in a higher position at an university under subparagraphs 1 through 6 of Article 2 of the Higher Education Act or a government-funded research institution under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions, etc., and majored in the field of construction industry, social insurance, labor or financial services;

2.A person who holds a qualification certificate as a lawyer or certified public accountant and has engaged in such practice for at least three years;

3.A person who has carried out research in a field related to construction industry or construction labor for at least three years at a private research institution;

4.A person who has performed a job related to construction industry or construction labor for at least three years at a non-profit corporation.

 <This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011>

Article 5-5 (Operation of Board of Directors) (1) A meeting of the board of directors shall, if deemed necessary by the chairperson of the board of directors (hereinafter referred to as "chairperson") or requested by at least one third of the incumbent directors, be convened by the chairperson.

(2) The board of directors shall hold a meeting with the attendance of a majority of the incumbent directors and take a decision with the approval of a majority of those present.

(3) The board of directors may request officers and employees, etc., of the Mutual Aid Association to appear, submit materials or state their opinions, if necessary in order to perform its duties.

(4) In the event that the chairperson is unable to perform his/her duties due to any inevitable reason, a director designated by the chairperson shall act on his/her behalf.

(5) Matters necessary for the operation of the board of directors, other than those provided for in paragraphs (1) through (4), shall be prescribed by the articles of association.

 <This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011>

Article 6 (Construction Work Subject to Automatic Subscription to Retirement Mutual Aid Scheme) "Construction work prescribed by the Presidential Decree" in the former part of Article 10 (1) of the Act refers to electrical construction under the Electrical Construction Business Act, information and communications construction under the Information and Communications Construction Business Act, fire-fighting system installation under the Fire-Fighting System Installation Business Act and repair of cultural property under the Act on Cultural Heritage Maintenance, etc., which falls under any of the following subparagraphs:   <Amended by Presidential Decree No. 23253, Oct. 26, 2011>

1. Construction work with an expected construction cost (referring to the expected cost of the construction work concerned in cases of a long-term continuing contract under Article 21 of the Act on Contracts to Which the State is a Party; hereinafter the same shall apply in this Article) of 300 million won or more, which is ordered by the State or a local government;

2. Construction work with an expected construction cost of 300 million won or more, which is ordered by a corporation (including any corporation in which the corporation concerned has reinvested at least 50 percent of paid-in capital) getting investments or contributions from the State or a local government;

3. Construction work with an expected construction cost of 300 million won or more, which is carried out as a public-private partnership project under subparagraph 5 of Article 2 of the Act on Public-Private Partnerships in Infrastructure;

4.Construction work with an expected construction cost of 10 billion won or more.

Article 7 (Criteria for Approval by Mutual Aid Association)

In order for a subcontractor to be deemed an employer pursuant to the latter part of Article 10 (1) of the Act, the Mutual Aid Association shall approve a request by the original contractor according to the following criteria:   <Amended by Presidential Decree No. 23253, Oct. 26, 2011>

1.The subcontractor shall fall under any of the following items:

A. A constructor under the Framework Act on the Construction Industry;

B. A construction business operator under the Electrical Construction Business Act;

C. An information and communications construction business operator under the Information and Communications Construction Business Act;

D. A fire-fighting system installation business operator under the Fire-Fighting System Installation Business Act;

E. A cultural heritage repair business operator under the Act on Cultural Heritage Maintenance, etc.

2. The construction cost of the subcontracted construction work shall be one billion won or more;

3. Matters concerning the payment of mutual-aid contributions by the original contractor and subcontractor shall be stated in the subcontract;

4.The cost of subscribing to the retirement mutual aid scheme shall be stated in the statement of subcontract price calculation.

Article 8 (Subscription, etc., to Retirement Mutual Aid Scheme) (1) "The beginning date of the construction work" in the former part of Article 10 (1) of the Act refers to the date on which the construction work actually starts .

(2) "The date of completion of construction work" in Article 10 (5) of the Act refers to the date on which the construction work actually ends.

Article 9 (Submission, etc., of Written Confirmation of Mutual-Aid Contributions Paid) (1) A person who has placed an order for construction work under Article 10 (1) of the Act and a person who has approved a project plan under Article 16 (1) of the Housing Act (hereinafter referred to as "ordering person, etc.") may request the employer of the construction work to submit a written confirmation of mutual-aid contributions paid which is issued by the Mutual Aid Association.

(2) An ordering person, etc., shall check a written confirmation of mutual-aid contributions paid which has been received pursuant to paragraph (1), and then if the amount specified in the statement of contract price calculation under Article 10-3 (1) of the Act (referring to the amount of mutual-aid contributions calculated by the ordering person in cases where the amount specified in the statement of contract price calculation differs from the amount of mutual-aid contributions calculated by the ordering person) exceeds the amount of mutual-aid contributions actually paid by the employer subscribing to the retirement mutual aid scheme (hereinafter referred to as "subscribing employer"), he/she shall pay the excess amount.

Article 10 (Requirements for Voluntary Subscription to Retirement Mutual Aid Scheme)

"Employer who meets the requirements prescribed by the Presidential Decree" in the former part of Article 10 (2) of the Act refers to a person falling under any of the following subparagraphs:

1.A constructor under the Framework Act on the Construction Industry;

2. A construction business operator under the Electrical Construction Business Act;

3. An information and communications construction business operator under the Information and Communications Construction Business Act;

4.A fire-fighting system installation business operator under the Fire-Fighting System Installation Business Act;

5.A cultural heritage repair business operator under the Act on Cultural Heritage Maintenance, etc.

Article 11 (Scope of Those Not Eligible to Be Beneficiaries)

"Person prescribed by the Presidential Decree" in subparagraph 2 of Article 11 of the Act refers to a person falling under any of the following subparagraphs:

1.A regular worker employed on open-ended contracts;

2.A worker employed on fixed-term contracts of one year or more.

Article 12 (Mutual-Aid Contributions) (1) Pursuant to Article 13 of the Act, a subscribing employer shall submit to the Mutual Aid Association a report (including a report in the form of electronic documents) specifying the number of days worked by each beneficiary and the amount of mutual-aid contributions paid each month, along with documents (including electronic documents) proving that those mutual-aid contributions have been paid, no later than the 15th of the following month.

(2) The standards for calculating the number of days worked under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor, and the amount of mutual-aid contributions shall be determined within the range of 1,000 won or more but not more than 5,000 won a day by the Mutual Aid Association with the approval of the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) If there is any error in a report submitted pursuant to paragraph (1), the subscribing employer shall submit a report of correction (including a report in the form of electronic documents) to the Mutual Aid Association without delay.

(4) The Mutual Aid Association shall obtain approval from the Minister of Employment and Labor with regard to its business operation plan that might affect mutual-aid contributions and their investment returns.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 13 (Payment of Retirement Mutual-Aid Benefits, etc.) (1) The retirement mutual-aid benefits under Article 14 (1) of the Act shall be the amount calculated by adding mutual-aid contributions (including mutual-aid contributions subsidized) pursuant to Article 7 (5) of the Act but excluding additional charges; hereinafter the same shall apply) paid pursuant to Article 12 to interest thereon.  <Amended by Presidential Decree No. 23253, Oct. 26, 2011>

(2) If a beneficiary who has paid mutual-aid contributions for 48 months or more retires from the construction industry, the Mutual Aid Association may pay special retirement mutual-aid benefits determined by it with the approval of the Minister of Employment and Labor in addition to the retirement mutual-aid benefits under paragraph (1).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The Mutual Aid Association shall pay retirement mutual-aid benefits and special retirement mutual-aid benefits in a lump sum.

Article 14 (Method of Calculating Retirement Mutual-Aid Benefits, etc.) (1) The interest rate (hereinafter referred to as "standard interest rate") which is applied as a standard when calculating interest under Article 13 (1) shall be the rate of return calculated by the Mutual Aid Association in consideration of the investment returns, etc., of mutual-aid contributions for each year: Provided, That the standard interest rate for the previous year shall be applied in cases where the standard interest rate has not been determined.

(2) Interest under Article 13 (1) shall be compounded on a monthly basis by applying the monthly standard interest rate for the year concerned to mutual-aid contributions paid. In such cases, the interest calculation period shall be from the date of payment of mutual-aid contributions to the date of claim for payment of mutual-aid benefits.

(3) The Mutual Aid Association shall announce a monthly standard interest rate for each year by the last day of February of the following year after obtaining approval therefor from the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 15 (Return of Mutual-Aid Benefits Due to Misconducts) The amount of money whose return may be requested pursuant to Article 16 (1) of the Act shall be equal to twice the amount of retirement mutual-aid benefits received, which is deemed to have been received in a false or other fraudulent ways.

Article 16 (Delegation of Right to Receive Retirement Mutual-Aid Benefits) (1) If a person who has the right to receive retirement mutual-aid benefits is unable to directly receive retirement mutual-aid benefits due to an injury or illness, he/ she may delegate the right to his/her family member pursuant to Article 20 (2) of the Act.

(2) A person to whom the right to receive retirement mutual-aid benefits has been delegated pursuant to paragraph (1) shall submit documents that can prove his/her family relations and the fact that the right to receive retirement mutual-aid benefits has been delegated to him/her to the Mutual Aid Association if he/she intends to receive the retirement mutual-aid benefits.

(3) If the right to receive retirement mutual-aid benefits has been delegated pursuant to paragraph (1), the Mutual Aid Association shall check the delegation with the person who has the right to receive the retirement mutual-aid benefits concerned.

Article 17 (Vicarious Execution of Duties) (1) The Mutual Aid Association may have banks under Article 2 (1) 2 of the Basking Act and postal service offices execute the following duties on behalf of it after obtaining approval from the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22493, Nov. 15, 2010>

1. Payment of retirement mutual-aid benefits under Article 14 (1) of the Act;

2. Receipt of mutual-aid contributions under Article 12 (1).

(2) The Mutual Aid Association may pay fees to agencies which vicariously execute the duties referred to in each subparagraph of paragraph (1).

Article 18 (Request, etc., for Report) (1) A request for report and submission of materials under Article 23 (1) of the Act shall be made in writing.

(2) Where a corrective order under Article 23 (3) of the Act is issued, the Mutual Aid Association shall be ordered to take corrective measures within two months, but the period may be extended once if there is an inevitable reason.  <Amended by Presidential Decree No. 23253, Oct. 26, 2011>

Article 19 (Delegation of Authority)

The Minister of Employment and Labor shall delegate his/her authority over the following matters to the heads of local employment and labor offices pursuant to Article 6 of the Government Organization Act:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.Reporting, submission of materials, corrective orders and other necessary instructions in respect of employers and the Mutual Aid Association under Article 23 (1) of the Act;

2.Imposition and collection of fines for negligence in respect of employers and the Mutual Aid Association under Article 26 of the Act.

Article 19-2 (Management of Unique Identifying Information) (1) The Minister of Employment and Labor (including any person entrusted or re-entrusted with part of the business pursuant to Article 7 (2) of the Act) or the Mutual Aid Association (including any person requested to carry out the business pursuant to Article 9-2 (3) of the Act) may manage data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is unavoidable in order to carry out the following business affairs:   <Amended by Presidential Decree No. 25532, Aug. 6, 2014>

1. Business affairs concerning business for improving employment management of construction workers, stabilizing their employment, developing and improving their vocational skills, etc., under each subparagraph of Article 7 (1) of the Act;

2. Business affairs concerning business for stabilizing employment of construction workers, developing and improving their vocational skills, and supporting their employment under subparagraph 6-2 of Article 9-2 (1) of the Act;

3. Business affairs concerning issuance of career certificates under Article 9-3 of the Act;

4. Business affairs concerning approval for recognition of a subcontractor as an employer under the latter part of Article 10 (1) of the Act;

5. Business affairs concerning approval for subscription to the retirement mutual aid scheme under Article 10 (2) of the Act;

6. Business affairs concerning report of the establishment of an retirement mutual aid relationship under Article 10-4 of the Act;

7. Business affairs concerning payment of mutual-aid contributions under Article 13 (1) of the Act;

8. Business affairs concerning payment of retirement mutual-aid benefits under Article 14 and Article 15 (1) of the Act;

9. Business affairs concerning requests for return of retirement mutual-aid benefits under Article 16 of the Act.

 <This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012>

Article 19-3 (Review of Regulations)

With regard to the following matters, the Minister of Employment and Labor shall review their reasonableness and take measures, such as making improvements, every two years (referring to no later than the day before the same day as the reference date of every second year) starting on the reference date referred to in the following subparagraphs:

1.Designation and report of persons responsible for employment management under Article 3-2: January 1st 2015;

2. Composition of the board of directors under Article 5-4: January 1st 2015.

 <This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014>

Article 20 (Criteria for Imposition of Fines for Negligence)

Criteria for imposition of fines for negligence under Article 26 (1) through (3) of the Act shall be as specified in the attached Table.

 <This Article Wholly Amended by Presidential Decree No. 22803, Mar. 30, 2011>

 Supplementary provisions  Addenda <Presidential Decree No. 20565, Jan. 25, 2008>

Article 1 (Enforcement Date)

 Supplementary provisions  Addenda <Presidential Decree No. 22269, Jul. 12, 2010; Revision of the Presidential Decree on the Organizational Structure of the Ministry of Employment and Labor and Its Affiliated Institutions>

Article 1 (Enforcement Date)

 Supplementary provisions  Addenda <Presidential Decree No. 22493, Nov. 15, 2010; Revision of the Enforcement Decree of the Banking Act>

Article 1 (Enforcement Date)

 Supplementary provisions  Addenda <Presidential Decree No. 22803, Mar. 30, 2011>

Article 1 (Enforcement Date)

 Supplementary provisions  Addenda <Presidential Decree No. 23253, Oct. 26, 2011>

Article 1 (Enforcement Date)

 Supplementary provisions  Addenda <Presidential Decree No. 23488, Jan. 6, 2012; Partial Revision of the Enforcement Decree of the Act on the Submission and Management of Taxation Data, etc., to Establish Legal Ground for Managing Sensitive Information and Unique Identifying Information>

Article 1 (Enforcement Date)

 Supplementary provisions  Addenda <Presidential Decree No. 24155, Oct. 29, 2012; Partial Revision of the Enforcement Decree of the Act on the Employment Improvement, etc., of Construction Workers for Improvement, etc., of Administrative Regulations>

Article 1 (Enforcement Date)

 Supplementary provisions  Addenda <Presidential Decree No. 24447, Mar. 23, 2013; Revision of the Presidential Decree on the Organizational Structure of the Ministry of Employment and Labor and Its Affiliated Institutions>

Article 1 (Enforcement Date)

 Supplementary provisions  Addendum <Presidential Decree No. 25532, Aug. 6, 2014; Partial Revision of the Enforcement Decree of the Act on the Management of Public Institutions, etc., to Establish Legal Ground for Managing Sensitive Information and Unique Identifying Information>

This Decree shall enter into force on August 7, 2014.

 Supplementary provisions  Addenda <Presidential Decree No. 25840, Dec. 9, 2014; Partial Revision of the Enforcement Decree of the Building Act, etc., for Regulatory Reform, Such As Setting Deadline for Review of Regulations>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2015.

Articles 2 (Applicability concerning Revision of the Enforcement Decree of the Act on the Employment Improvement, etc., of Construction Workers)

The amended provisions of Article 3-2 of the Enforcement Decree of the Act on the Employment Improvement, etc., of Construction Workers shall apply to workplaces which start construction work after this Decree enters into force.

Articles 3 through 16 Omitted.

 attached Table   [attached Table] Criteria for Imposition of Fines for Negligence   Hangul file download