What kind of fine is incurred if mandatory legal training is not conducted?

Failure to conduct mandatory legal training may result in penalties, requests for correction, supplementation of supporting documents, and risks related to supervision, depending on the type of training.

HR managers should not merely verify whether mandatory legal training has been completed, but must also manage which training applies to the workplace, who the trainees are, what penalties may arise from non-compliance, and whether supporting documentation exists. This article summarizes the penalties that may result from the failure to conduct mandatory legal training and provides a practical HR checklist.

 


short answer

The fine for failure to conduct mandatory legal training varies depending on the type of training.

Workplace sexual harassment prevention training, workplace disability awareness training, industrial safety and health training, and retirement pension subscriber training are each based on different laws, and the criteria for administrative fines are not the same. Regarding personal information protection training, rather than assuming that a fixed administrative fine is immediately imposed merely for failing to conduct the training, it is safer to review the risk of sanctions in conjunction with the management and supervision of personal information handlers, internal management plans, and obligations for safety measures.

 

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Things HR checks first

Key Keywords

Penalty for mandatory legal education

Related keywords

Failure to Conduct Mandatory Legal Training, Fines, Training Proof, HR Checklist

Main targets

HR Manager, Management Support Manager, Training Manager, Safety and Health Manager

First response principle

First, check the applicability and target groups for each training session.

Points to note

Not to regard all educational fines as the same

Related topics

Subjects of mandatory legal training, training hours, certificate of completion, supporting documents

 

Managing fines for mandatory legal education is a task that involves not only looking at the amount but also verifying the applicable subjects, education hours, education content, completion records, and the storage of supporting documents.

 


When will it be applied?

This article can be a reference for HR managers in the following situations.

 

situation

HR Verification Points

When establishing an annual mandatory legal education plan

Check eligibility and penalty standards by education

In cases where only some employees have completed the training

Confirmation of omissions and the need for supplementary education

If you only keep the online education completion certificate

Check educational materials, participant lists, and completion records

If new employee training is missed

Verify the distinction between training and regular training upon hiring

In the case of operating a retirement pension system

Check whether subscriber training is being conducted

If there is a department that processes personal information

Verification of personal information handler training and internal management plan

Cases where external educational institutions conduct business while emphasizing fines

Verify official laws and registration authority status

When labor supervision, inspection, or internal audit is scheduled

Organization of training implementation records and supporting documents

 

Mandatory legal training is prone to omissions if managed in a way that implies "all employees just take the same training once and that's it." Since the application standards and penalty criteria vary by training, it is advisable to maintain separate management tables for each type of training.

 


What HR Managers Should Do

1. We start by classifying the training applicable to our company.

First, you should not assume that all training applies equally to all workplaces. Some training, such as sexual harassment prevention and disability awareness education, must be verified at most workplaces, while others, like industrial safety and health education, have detailed standards that vary depending on the industry, size, and job function. Retirement pension training must be verified for subscribers at workplaces operating a retirement pension system.

 

Education Name

Criteria for verifying applicability

Workplace sexual harassment prevention training

Whether training for employers and employees is conducted at least once a year

Workplace disability awareness training

Whether training for employers and employees is conducted at least once a year

Industrial Safety and Health Education

Industry, number of regular employees, job duties, work content, presence of supervisors

Personal Information Protection Training

Whether or not a personal information processor/personal information handler

Retirement pension subscriber education

Operation of DB and DC retirement pension schemes and eligibility for membership

 

There is no need to unreasonably apply the same standards to training that is not subject to the regulations, but training that is subject to the regulations but is omitted can lead to fines and inspection risks.

 


2. Let's break down the penalty standards by education type.

The legal basis for fines for mandatory statutory education varies by type of education. Therefore, while managing them in a single table, you must not only list the “amount” but also include the application conditions and practical points to note.

 

Education Name

Risk of fines and sanctions for non-implementation

Points to Note in HR Practice

Workplace sexual harassment prevention training

A fine of up to 5 million won is possible.

Conducted at least once a year, and records of training materials and attendees are kept.

Workplace disability awareness training

A fine of up to 3 million won is possible.

Be careful not only of non-implementation but also of violations of the obligation to retain supporting documents.

Industrial Safety and Health Education

Fines may be incurred depending on the type of training, number of violations, and number of participants.

Distinguish between regular training, training upon hiring, training upon changes in work content, special training, and supervisor training.

Personal Information Protection Training

Rather than concluding that the penalty is a fixed fine solely for the failure to conduct training, the risks associated with insufficient safety measures and supervision should be reviewed.

Verify along with personal information handler training, internal management plans, and access control management

Retirement pension subscriber education

Failure to conduct subscriber education at least once a year may result in a fine of up to 10 million won.

Check eligibility for the retirement pension plan

Anti-graft Act, ethics education, etc.

It may vary depending on the nature of the organization and internal regulations.

Confirm separately contract terms, etc. for public institutions, entrusted agencies, and partner companies.

 

In particular, managing industrial safety and health training solely based on the rule of "5 million won or less" may be insufficient. Since the method of calculating fines can vary depending on the type of training, target audience, frequency of violations, and number of workers, you must review the official guidelines together with the safety and health manager.

 


3. Check if any training participants have been omitted.

The risk of penalties can arise not only from “failure to provide training at all” but also from the omission of eligible individuals. For example, this may occur when a new employee did not receive training upon hiring, when a supervisor only attended general worker training, or when a retirement pension subscriber did not receive training materials.

 

Subject

Things to check

New hires

Information on training upon hiring, sexual harassment prevention training, and privacy protection

Employed workers

Completion of regular mandatory legal training

Supervisor

Whether separate supervisor training has been completed

Personal Information Handler

Understanding of personal information protection training and access control standards

Retirement pension subscribers

Records of provision and receipt of subscriber educational materials

employees on leave of absence or returning to work

Whether training was omitted and the necessity of supplementary training

short-term and fixed-term workers

Eligibility for training based on contract period and actual work

 

HR should not look only at the training completion rate, but must also check “who the target was” and “who was missed.”

 


4. Keep supporting documents.

Even if training has been conducted, it is difficult to explain compliance during inspections if supporting documentation is insufficient. This is especially true for online training, where only completion certificates are often stored; however, it is recommended to keep records of trainees, training materials, completion status, and supplementary training records together.

 

Supporting documents

Management purpose

Education plan

Confirm annual training schedule and target audience

List of trainees

Check for missing persons

Educational materials

Verification of the appropriateness of training content

List of Attendees

Check completion status of group training

Online Certificate

Proof of completion of remote education

Training Log

Record of training date, instructor, content, and location

Email and bulletin board sending records

Check data provision method

Supplementary education records

Management of incompleters, new hires, and employees on leave

External Educational Institution Contract

Proof of commissioned training

Educational institution registration verification data

Check if it is a registration authority

 

The most important thing in managing training completion is not whether “a certificate file exists,” but whether “the trainee and the actual completer are connected.”

 


5. If non-implementation or omission is confirmed, supplementary training will be conducted.

If a training omission is confirmed, you must first summarize the reason for the omission and schedule make-up training. Do not simply end with saying, "We will have them attend the next training," but make improvements by considering the statutory standards for each training session and the internal inspection schedule.

When conducting supplementary training, it is recommended to leave the following items.

 

Confirmation items

Record contents

omitted

Name, Department, Job, Target Audience

Reason for omission

Date of hiring, leave of absence, system error, absence, etc.

Supplementary training date

Actual training date and completion date

Educational methods

Online, group, material provision, video training, etc.

Educational materials

Name and version of the material used

Proof of completion

Certificate of completion, list of attendees, mailing records

Prevention of recurrence

Points to improve for the next training session

 

When an omission is discovered, the important thing is not to hide it, but to quickly rectify it and reflect it in the next operational standard.

 


Mandatory Legal Education Fine Checklist

Education classification

Major penalty standards

Practical Memo

Workplace sexual harassment prevention training

A fine of up to 5 million won is possible.

Management for all employees at least once a year

Workplace disability awareness training

A fine of up to 3 million won is possible.

Confirmation of training implementation and retention of supporting documents for 3 years

Industrial Safety and Health Education

Fines may be imposed based on the type of training, number of participants, and number of violations.

Classification of Regular, Upon Recruitment, Change in Work Content, Special Training, and Supervisor Training

Personal Information Protection Training

Focus on risks of insufficient safety measures and supervision rather than fixed fines

Verification of personal information handler training and internal management plan

Retirement pension subscriber education

A fine of up to 10 million won is possible.

For retirement pension scheme participants, at least once a year

Other Ethics and Integrity Education

Varies depending on the institution, industry, and contract conditions

Confirm requirements for public institutions, commissioned projects, and partner companies separately.

 

This table can be used by HR managers as a preliminary check when establishing annual training plans. Since the actual imposition of fines and the amount may vary depending on laws, the number of violations, the number of affected individuals, workplace conditions, and inspection results, official data must also be verified.

 


Practical Checklist

Confirmation items

inspection

I have compiled a list of mandatory legal training applicable to our company.

I checked the legal basis and penalty standards for each type of education.

We distinguished between training for all employees and training for specific target groups.

Industrial safety and health training is managed by dividing it into regular, new hire, training for changes in work content, special training, and supervisor training.

We separately identified the target audience for retirement pension subscriber education.

I verified the list of personal information handlers and the individuals subject to personal information protection training.

The list of trainees was compared with the list of actual completers.

Those who have not completed the course and those subject to supplementary training are managed separately.

Keep educational materials, certificates of completion, attendance lists, and dispatch records.

When using external educational institutions, we verified whether they were registered institutions and the appropriateness of the educational materials.

A plan for supplementary training was established in case of unconducted or omitted training.

After the training, channels for handling employee inquiries, complaints, and stress were also provided.

 


Common mistakes

First, there is the case where people think that the fines for all mandatory legal education are the same.
The legal basis and penalty standards differ for sexual harassment prevention training, disability awareness training, industrial safety and health training, and retirement pension training. You must check the applicable targets and penalties separately for each type of training.

 

Second, there are cases where personal information protection training is viewed only in the same way as other statutory training.
Personal information protection training is linked to the management and supervision of personal information handlers, internal management plans, access control management, and obligations regarding safety measures. Rather than managing it with the mindset that “conducting training once a year is enough,” it must be verified in conjunction with personal information processing work standards.

 

Third, this is the case where industrial safety and health training is handled as a single online training session for all employees.
Industrial safety and health training must be categorized into regular training, training upon hiring, training upon changes in work content, special training, and supervisor training. Standards may differ for office workers, field workers, supervisors, and those engaged in hazardous or dangerous work.

 

Fourth, there are cases where retirement pension training is simply treated as statutory training for all employees.
Retirement pension education must be verified based on the participants in the retirement pension system. You must first check whether the workplace operates only a severance pay system or if it operates a Defined Benefit (DB) or Defined Contribution (DC) retirement pension system.

 

Fifth, this is the case where only the certificate of completion is kept and the list of participants is not recorded.
During inspections, you must be able to explain who the subjects were and who completed the course. Educational materials, subject lists, certificates of completion, training logs, and supplementary training records must be managed together.

 

Sixth, this is the case where you proceed relying solely on the penalty guidance from an external educational institution.
Some agencies may exaggerate fines to conduct business. HR must verify standards using official data from the Ministry of Employment and Labor, the Personal Information Protection Commission, the Korea Employment Agency for the Disabled, and the National Law Information Center.

 


If EAP support is needed

While managing penalties for non-compliance with mandatory legal training is akin to managing administrative risks, actual operation can lead to employee grievances and organizational burdens. If excessive responsibility is placed on the person in charge after a failure to conduct training is discovered, or if training needs to be supplemented following personal information breaches, reports of sexual harassment, or industrial accidents, an employee support system may also be reviewed.

 

situation

Directions for EAP Utilization

Cases where supplementary education is required after reporting sensitive information

Psychological Support for Reporters and Witnesses, and Administrator Response Guide

When supplementing safety and health education following an industrial accident or near miss.

Post-accident psychological support, on-site manager coaching

Cases where the burden on the person in charge is heavy following a personal information leak

Job stress counseling, relief from customer service burden

Cases where an internal dispute over responsibility arises due to the failure to conduct training

Organizational communication support, manager coaching

Cases where counseling inquiries increased after sexual harassment and bullying prevention training

Guide to EAP counseling channels, linkage to grievance counseling procedures

 

EAP does not replace the completion of mandatory legal training or the response to fines. However, it can be utilized as a supplementary system to support the psychological burden arising after training, the response to sensitive reports, organizational recovery, and communication with managers.

 


Related Posts


Frequently Asked Questions

Q1. If I never complete the mandatory legal training, will I be fined immediately?
It varies by training type. Failure to conduct sexual harassment prevention training, disability awareness training, industrial safety and health training, and retirement pension training carries a risk of fines. However, whether the fine is actually imposed and the amount may vary depending on the type of training, the number of participants, the frequency of violations, and inspection results.

 

Q2. Does taking the online training eliminate the risk of fines?
Online education itself is not the issue. However, the target audience, duration, content, completion status, and supporting documents must meet the standards. If using external outsourced training, you must also verify the training institution's registration status and the criteria for issuing completion certificates.

 

Q3. Is there a set fine for not conducting personal information protection training?
It is difficult to simplify personal information protection training into a "fixed fine for failure to conduct training alone," as is the case with other training. It is safer to review the risk of sanctions in conjunction with the management and supervision of personal information handlers, internal management plans, obligations regarding safety measures, and whether a data leakage incident has occurred.

 

Q4. Is retirement pension training required for all employees?
Retirement pension education must be conducted for participants in the retirement pension system. Businesses operating DB or DC type retirement pension systems must provide education to participants at least once a year.

 

Q5. Is it a problem even if only some employees were unable to attend the training?
This can be problematic. The risk of penalties can arise not only from the complete failure to conduct the training but also from the omission of eligible participants. If any omissions are identified, it is recommended to conduct supplementary training and keep records of the reasons for the omission and the necessary corrections.

 


Next step

You should not judge the management of penalties for mandatory legal training based solely on training business records. You must first verify your company's industry, size, training targets, whether a retirement pension system is in operation, the scope of personal information handlers, and those subject to industrial safety and health training.

If you wish to go beyond simple completion management for mandatory legal training and instead manage sensitive reporting responses, post-incident psychological support, manager training, and EAP counseling linkages, review the training, counseling, and organizational support system tailored to your organization through a Nudge EAP implementation consultation.

 

👉 Go to Nudge EAP Implementation Consultation →

 

 

 


Source and Information

This content is intended to provide general information for corporate practitioners to refer to. Specific legal matters, labor relations, employment, personal data protection, occupational safety and health, and psychological counseling issues may vary depending on workplace conditions and the latest laws, so review by relevant experts may be necessary.

 

Comments5
  • Unknown User4
    BEST
    법정의무교육 누락이 확인된 경우, HR은 보충교육과 재발 방지 기록을 어떤 순서로 정리하는 것이 가장 안전할까요?
  • Unknown User3
    개인정보보호교육은 단순 정액 과태료보다 개인정보취급자 관리·감독과 안전조치 의무까지 함께 봐야 한다는 설명이 유용했습니다.
  • Unknown User2
    교육 미실시뿐 아니라 대상자 누락과 증빙자료 미보관도 리스크가 될 수 있다는 부분이 인상적이었습니다. 수료증만이 아니라 대상자 명단까지 함께 관리해야겠어요.
  • Unknown User1
    법정의무교육 과태료를 교육별로 나누어 봐야 한다는 점이 실무적으로 도움이 됐습니다. 모든 교육을 같은 기준으로 관리하면 누락이 생길 수 있겠네요.