equal employment opportunity and work-family balance assistance act

법령, 판례 등 모든 법령정보를 한 번에 검색 OK !

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILYBALANCE ASSISTANCE ACT

[Enforcement Date 02. Sep, 2012.] [Act No.11461, 01. Jun, 2012., OtherLaws and Regulations Amended]

고용노동부 (여성고용정책과)044-202-7471

법제처 국가법령정보센터www.law.go.kr

2015.07.03

법제처 1 국가법령정보센터

「EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT」

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE

ASSISTANCE ACT

[Enforcement Date 02. Sep, 2012.] [Act No.11461, 01. Jun, 2012., Other Laws and Regulations Amended]

고용노동부 (여성고용정책과) 044-202-7471

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is not only to materialize equal employment for both genders

by guaranteeing equal opportunities and treatment in employment between men and

women in accordance with the principle of equality proclaimed in the Constitution of

the Republic of Korea, by protecting motherhood, and by promoting the employment

of women, but also to contribute to the improvement of the quality of all the people's

life by assisting work-family balance of workers.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 2 (Definitions)

The definition of terms used in this Act shall be as follows:

1. The term "discrimination" means that an employer discriminates against a worker

in employment or working conditions, or takes any other disadvantageous

measures without any justifiable reason, on grounds of gender, marriage, status

within family, pregnancy or childbirth, etc. (including cases where, even if the

employer equally applies employment or working conditions, the number of men or

women capable of satisfying such conditions is remarkably fewer in comparison

with the opposite gender, and thus causing disadvantageous results to the opposite

gender, and the said conditions may not be attested to be justifiable): Provided,

That this shall not apply to any of the following cases:

(a) Cases where a specific gender is inevitably requested in view of the

characteristics of duties;

(b) Cases where measures are taken for protecting motherhood, such as

pregnancy, childbirth and lactation of female workers;



(c) Other cases where positive employment improvement measures are taken

under this Act or other Acts;

2. The term "sexual harassment on the job" means that an employer, a superior or a

worker causes another worker feel sexual humiliation or a repulsive feeling by

sexual words or actions by utilizing a position within a workplace or in relation with

duties, or providing any disadvantages in employment on account of disregard to

sexual words or actions or any other demands, etc.;

3. The term "positive employment improvement measures" means measures to

favorably treat the specific gender temporarily in order to eliminate existing

employment discrimination between men and women, or to promote equal

employment;

4. The term "worker" means a person employed by an employer and a person having

the intention to start work.


Article 3 (Scope of Application) (1) This Act shall apply to all sorts of businesses or

business places (hereinafter referred to as "business") that employ workers:

Provided, That the whole or part of this Act may not apply to the business

designated by Presidential Decree.

(2) The materialization of equal employment for both genders and work-family

balance shall be governed by this Act except as otherwise provided for by other

Acts.


Article 4 (Responsibility of State and Local Governments) (1) The State and local

governments shall, in order to achieve the purposes of this Act, promote the

interests and understanding of the people, assist women in developing their

vocational abilities and promoting their employment, and endeavor to eliminate all

factors detrimental to the materialization of equal employment for both genders.

(2) The State and local governments shall support the endeavors of workers and the

employer for work-family balance and endeavor to prepare financial resources

necessary for assisting such balance and create the given conditions.




Article 5 (Responsibility of Workers and Employers) (1) Workers shall endeavor to

create a business place culture in which both men and women are equally respected

on the basis of mutual understanding.

(2) Employers shall endeavor to create a working environment in which workers of

both genders display their abilities under the same given conditions, by improving

various practices and systems detrimental to the materialization of equal employment

for both genders at the relevant business place.

(3) Employers shall improve various practices and systems detrimental to work-

family balance within the business place and endeavor to create a working

environment to assist such balance.


Article 6 (Formulation, etc. of Policies) (1) The Minister of Employment and Labor

shall formulate and execute the policies falling under each of the following

subparagraphs in order to materialize equal employment for both genders and work-

family balance: <Amended by Act No. 10339, Jun. 4, 2010>

1. Publicity for spreading the consciousness of equal employment for both genders;

2. Selection of excellent enterprises in equal employment for both genders

(including excellent enterprises in positive employment improvement measures

under Article 17-4), and administrative and financial support;

3. Establishment and promotion of a special period to emphasize equal employment

for both genders;

4. Survey and research to improve discriminations between both genders, and to

expand the employment of women;

5. Improvement of systems and administrative and financial support for protection of

motherhood and work-family balance;

6. Other matters necessary for the materialization of equal employment for both

genders and for assistance in work-family balance.

(2) The Minister of Employment and Labor shall endeavor to reflect opinions of the

interested parties in formulating and executing the policies under paragraph (1), and

may, if deemed necessary, request the heads of the relevant administrative agencies,

local governments, and other public agencies to render cooperation thereto.

<Amended by Act No. 10339, Jun. 4, 2010>




Article 6-2 (Formulation of Master Plans) (1) The Minister of Employment and Labor

shall formulate a master plan for the materialization of equal employment for both

genders and work-family balance (hereinafter referred to as "master plan").


(2) A master plan shall include the following matters: <Amended by Act No. 10339,

Jun. 4, 2010>

1. Matters concerning the promotion of the employment of women;

2. Matters concerning the guarantee of equal opportunities and treatment for both

genders;

3. Matters concerning the fixing of the principle of equal pay for work of equal-

value;

4. Matters concerning the development of vocational abilities of women;

5. Matters concerning the protection of motherhood of female workers;

6. Matters concerning assistance in work-family balance;

7. Matters concerning the establishment and operation of welfare facilities for

female workers;

8. Other matters deemed necessary by the Minister of Employment and Labor for

the materialization of equal employment for both genders and assistance in work-

family balance.

[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

Article 6-3 (Performance of Surveys on Current Status) (1) The Minister of

Employment and Labor shall perform periodic surveys to understand the current

status of the improvement of the discrimination between both genders in business or

at the business place, the protection of motherhood and work-family balance.


(2) The objects, period, details, etc. of surveys and other matters necessary for

survey of current status under paragraph (1) shall be prescribed by Ordinance of the

Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>




CHAPTER II GUARANTEE OF EQUAL OPPORTUNITIES AND TREATMENT, ETC.

IN EMPLOYMENT OF MEN AND WOMEN

SECTION 1 Guarantee of Equal Opportunities and Treatment for Men and

Women

Article 7 (Recruitment and Employment) (1) No employer shall discriminate on

grounds of gender in recruitment or employment of workers.

(2) In recruiting or employing female workers, no employer shall exhibit or demand

physical conditions, such as appearances, height, weight, etc., and unmarried

conditions not required for performing the relevant duties, or any other conditions

prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by

Act No. 10339, Jun. 4, 2010>


Article 8 (Wages) (1) The employer shall provide equal pay for work of equal-value

within the identical business.

(2) Standards for work of equal-value shall be skills, labor, responsibility, working

conditions, etc. required for the performance of duties, and employers shall, in

setting such standards, hear opinions of the member representing the workers at the

labor-management council under Article 25.

(3) A separate business established by an employer for the purpose of wage

discrimination shall be deemed an identical business.


Article 9 (Money, Goods, etc. other than Wages)

No employer shall discriminate on grounds of gender in providing welfare, such as

money, goods or similar, loan of funds, etc. in order to subsidize the living of his/her

workers aside from wages.


Article 10 (Education, Assignment, and Promotion)

No employer shall discriminate on grounds of gender in education, assignment, and

promotion of his/her workers.




Article 11 (Age Limit, Retirement, and Dismissal) (1) No employer shall discriminate

on grounds of gender in age limit, retirement, and dismissal of his/her workers.

(2) No employer shall conclude an employment contract that stipulates marriage,

pregnancy, or childbirth of female workers as grounds for retirement.


SECTION 2 Prohibition and Prevention of Sexual Harassment on Job

Article 12 (Prohibition of Sexual Harassment on Job)

No employer, superior or worker shall commit any sexual harassment on the job

against another worker.


Article 13 (Preventive Education of Sexual Harassment on Job) (1) The employer shall

conduct preventive education of sexual harassment on the job (hereinafter referred

to as "preventive education of sexual harassment") in order to prevent sexual

harassment on the job and to create the given conditions whereunder his/her

workers may work in a safe working environment.

(2) Matters necessary concerning the detail, methods, frequency, etc. of preventive

education of sexual harassment shall be prescribed by Presidential Decree.


Article 13-2 (Entrustment of Preventive Education of Sexual Harassment) (1) The

employer may conduct preventive education of sexual harassment by entrusting it to

the institution designated by the Minister of Employment and Labor (hereinafter

referred to as the "institution of preventive education of sexual harassment").


(2) The institution for preventive education of sexual harassment shall be

designated among the institutions provided by Ordinance of the Ministry of

Employment and Labor, and it shall have one or more of lecturers provided by

Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339,

Jun. 4, 2010>



(3) The institution for preventive education of sexual harassment shall conduct

education, as prescribed by Ordinance of the Ministry of Employment and Labor,

keep data relating to execution of education, such as the completion certificate of

education or the roster of persons completing education etc., and deliver such data to

employers or persons undergoing education. <Amended by Act No. 10339, Jun. 4,

2010>

(4) The Minister of Employment and Labor may cancel relevant designation where

the institution for preventive education of sexual harassment falls under any one of

the following subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>

1. Where the designation has been obtained by false or other unlawful means;

2. Where the lecturer prescribed in paragraph (2) has not been placed consecutively

for 6 months or longer without any justifiable reasons.


Article 14 (Measures in Event of Sexual Harassment onJob) (1) The employer shall,

where an occurrence of sexual harassment on the job has been verified, take without

delay disciplinary measures or any other action corresponding thereto against the

relevant actor.

(2) The employer shall not dismiss, or take any other disadvantageous measures

against, a worker who has been damaged with regard to sexual harassment on the

job or claimed damage occurred from sexual harassment.


Article 14-2 (Prevention of Sexual Discrimination by Clients, etc.) (1) Where any

person closely related to the duties, such as a client, etc. causes a worker feel

sexual humiliation or repulsive feeling by sexual words, actions, etc. during the

performance of the duties and such worker requests resolution of the grievance

thereby, the employer shall endeavor to take all possible measures, such as the

change of workplace and relocation.

(2) No employer shall dismiss, or take any other disadvantageous measures against,

a worker on account of his/her claim for any damage under paragraph (1) or of

disregard for sexual demands from clients, etc.




SECTION 3 Development of Vocational Abilities of Women and Facilitation of

Their Employment

Article 15 (Vocational Guidance)

The employment stabilization agency under Article 2-2 (1) of the Employment

Security Act shall take measures required for vocational guidance, such as providing

data on surveys and research in regard to employment information and jobs, in order

to make women select a job according to their aptitude, abilities, career, and level of

skills, and adapt themselves with ease to such job.<Amended by Act No. 9795, Oct. 9,

2009>


Article 16 (Development of Vocational Abilities)

The State, local governments, and employers shall guarantee equal opportunities for

both genders in all vocational ability development training in order to develop and

improve vocational abilities of women.


Article 17 (Promotion of Employment of Women) (1) The Minister of Employment and

Labor may wholly or partially subsidize expenses incurred in non-profit corporations

or organizations that establish or operate facilities to promote the employment of

women. <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may wholly or partially subsidize

expenses incurred by the employers who conduct business to promote the

employment of women or who intend to improve their working environments within

the business place, such as establishing a resting place for women, lactation facility,

etc. <Amended by Act No. 10339, Jun. 4, 2010>


Article 17-2 (Support for Ability Development and Employment Promotion of Career-

Interrupted Women) (1) The Minister of Employment and Labor shall select job

types with good employment prospects and develop special training and employment

promotion programs for career-interrupted women who have quit their jobs for such



reasons as pregnancy, childbirth, childcare, etc. but have intention to be reemployed

(hereinafter referred to as "career-interrupted women"). <Amended by Act No.

10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor shall provide career-interrupted women

with information on job and vocational training, etc. and services, such as

professional vocational guidance, counseling, etc. through the employment

stabilization agency under Article 2-2 (1) of the Employment Security Act.

<Amended by Act No. 9795, Oct. 9, 2009; Act No. 10339, Jun. 4, 2010>


SECTION 4 Positive Employment Improvement Measures

Article 17-3 (Establishment and Submission, etc. of Implementation Plans for Positive

Employment Improvement Measures) (1) The Minister of Employment and Labor

may request any of the following employers whose employed female workers' ratio

by job type is short of the employment standard provided for by Ordinance of the

Ministry of Employment and Labor for each industry and scale, to establish and

submit implementation plans of positive employment improvement measures for

improvement of discriminative employment practices and systems (hereinafter

referred to as "implementation plans"). In such cases, the relevant employer shall

submit the implementation plans: <Amended by Act No. 10339, Jun. 4, 2010>

1. Head of public agencies and organizations prescribed by Presidential Decree;

2. Employer of business employing more workers than the scale prescribed by

Presidential Decree.

(2) Any employer falling under any subparagraph of paragraph (1) shall submit the

current status of male and female workers by job type and by position to the

Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>

(3) Any employer not falling under any subparagraph of paragraph (1) who intends

to take positive employment improvement measures may prepare the current status

of male and female workers by job type and the implementation plans, and submit

them to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4,

2010>



(4) The Minister of Employment and Labor shall examine implementation plans

submitted under paragraphs (1) and (3), and where the relevant details are not clear

or the efforts to improve discriminative employment practices are insufficient, and

thus deemed in appropriate as implementation plans, he/she may request the relevant

employer to supplement implementation plans. <Amended by Act No. 10339, Jun. 4,

2010>

(5) Necessary matters concerning implementation plans under paragraphs (1) and

(2), items to be entered in current status of male and female workers, time and

procedures for submission, etc. shall be prescribed by Ordinance of the Ministry of

Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>


Article 17-4 (Evaluation of Performance Results and Support,etc.) (1) Any person

who has submitted an implementation plan under Article 17-3 (1) and (3) shall

submit the performance results to the Minister of Employment and Labor. <Amended

by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor shall evaluate the performance results

submitted under paragraph (1), and notify the employer of the relevant results.


(3) The Minister of Employment and Labor may commend an enterprise with

excellent performance results as a result of evaluation under paragraph (2)

(hereinafter referred to as "enterprise with excellent positive employment

improvement measures"). <Amended by Act No. 10339, Jun. 4, 2010>

(4) The State and local governments may render administrative and financial

support to enterprises with excellent positive employment improvement measures.

(5) The Minister of Employment and Labor may urge employers with poor

performance results as a result of evaluation under paragraph (2) to perform their

implementation plans. <Amended by Act No. 10339, Jun. 4, 2010>

(6) The Minister of Employment and Labor may entrust evaluation duties under

paragraph (2) to institutions or organizations prescribed by Presidential Decree.


(7) Necessary matters concerning items to be entered into the performance results

under paragraph (1), period of submission and procedures for submission and



notification procedures for evaluation results under paragraph (2) shall be provided

for by Ordinance of the Ministry of Employment and Labor. <Amended by Act No.

10339, Jun. 4, 2010>


Article 17-5 (Posting of Implementation Plans, etc.)

Article 17-3 (1) shall take necessary measures, such as posting the implementation

plan and the performance results under Article 17-4 (1) so that workers may

peruse them">The employer who has submitted an implementation plan under

Article 17-3 (1) shall take necessary measures, such as posting the implementation

plan and the performance results under Article 17-4 (1) so that workers may

peruse them.


Article 17-6 (Cooperation for Positive Employment Improvement Measures)

The Minister of Employment and Labor may request the heads of related

administrative agencies to take necessary measures for correction or prevention of

discrimination if deemed necessary for efficient execution of positive employment

improvement measures. In such cases, the heads of related administrative agencies

shall comply with such request unless any special reason exists.<Amended by Act No.

10339, Jun. 4, 2010>


Article 17-7 (Deliberation on Important Matters concerning Positive Employment

Improvement Measures)

Each of the following matters related to the positive employment improvement

measures shall be deliberated by the committee for positive employment

improvement under Article 10 of the Framework Act on Employment Policy:

1. Matters concerning standards for the employment of female workers under

Article 17-3 (1);

2. Matters concerning examination of implementation plans under Article 17-3 (4);

3. Matters concerning evaluation of performance results of positive employment

improvement measures under Article 17-4 (2);



4. Matters concerning commendation of and support for enterprises with excellent

positive employment improvement measures under Article 17-4 (3) and (4);

5. Other matters referred for discussion by the Minister of Labor concerning

positive employment improvement measures.

[This Article Wholly Amended by Act No. 9792, Oct. 9, 2009]

Article 17-8 (Surveys and Research, etc. of Positive Employment Improvement

Measures) (1) The Minister of Employment and Labor may perform projects, such

as surveys, research, education and publicity in order to efficiently perform duties of

positive employment improvement measures. <Amended by Act No. 10339, Jun. 4,

2010>

(2) The Minister of Employment and Labor may entrust part of the duties under

paragraph (1) to persons prescribed by Presidential Decree where deemed

necessary to do so. <Amended by Act No. 10339, Jun. 4, 2010>


CHAPTER III PROTECTION OF MOTHERHOOD

Article 18 (Support for Maternity Leave) (1) The State may pay an amount of money

equivalent to the ordinary wages for the period of the relevant leave (hereinafter

referred to as "maternity leave benefits, etc.") to persons meeting specific

requirements among workers who have taken maternity leave or miscarriage and

stillbirth leave under Article 74 of the Labor Standards Act. <Amended by Act No.

11274, Feb. 1, 2012>

(2) Maternity leave benefits, etc. paid under paragraph (1) shall be deemed paid by

an employer within the limit of the amount of such benefits, etc. under Article 74 (4)

of the Labor Standards Act. <Amended by Act No. 11274, Feb. 1, 2012>

(3) Expenses incurred in paying maternity leave benefits, etc. may be borne by

State finances or the social insurance under the Framework Act on Social Security.

<Amended by Act No. 11274, Feb. 1, 2012>

(4) Where a female worker intends to obtain maternity leave benefits, etc., an

employer shall provide her with full cooperation in various procedures, such as

preparation or verification of the relevant documents. <Amended by Act No. 11274,



Feb. 1, 2012>

(5) Matters necessary for the requirements, period and procedures for payment of

maternity leave benefits, etc. and other matters shall be prescribed by a separate

Act. <Amended by Act No. 11274, Feb. 1, 2012>


Article 18-2 (Paternity Leave) (1) Where a male worker requests leave on grounds of

his spouse's childbirth, the employer shall grant leave for at least three up to five

days. In such cases, he shall be paid for the first three days out of the period of

leave used. <Amended by Act No. 11274, Feb. 1, 2012>

(2) No leave provided for in paragraph (1) may be requested after the lapse of 30

days from the date the spouse of the relevant worker gave birth.


CHAPTER III-2 ASSISTANCE FOR WORK-FAMILY BALANCE

Article 19 (Temporary Retirement for Childcare) (1) Where a worker parenting his/her

pre-school children (including adopted children) less than six years old applies for

temporary retirement (hereinafter referred to as "temporary retirement for

childcare"), the employer shall grant permission therefor: Provided, That the same

shall not apply to cases prescribed by Presidential Decree. <Amended by Act No.

9998, Feb. 4, 2010>

(2) The period of temporary retirement for childcare shall not exceed one year.

(3) No employer shall dismiss, or take any other disadvantageous measures against,

a worker on account of temporary retirement for childcare or dismiss the relevant

worker during the period of temporary retirement for childcare: Provided, That this

shall not apply to cases where the employer is unable to continue his/her business.

(4) After completing temporary retirement for childcare, the employer shall

reinstate the relevant worker in the same work as before temporary retirement, or

any other work paying the same level of wages. The period of temporary retirement

for childcare under paragraph (2) shall be included in his/her continuous employment

period.



(6) Matters necessary for methods and procedures for application for temporary

retirement for childcare and other matters shall be prescribed by Presidential

Decree.


Article 19-2 (Reduction of Working Hours for Period of Childcare) (1) Where any

worker eligible to apply for temporary retirement for childcare under Article 19 (1)

applies for a reduction of working hours in lieu of such retirement (hereinafter

referred to as "reduction of working hours for period of childcare"), the employer

shall grant it: Provided, That this shall not apply to cases prescribed by Presidential

Decree, such as where it is impossible to employ his/her substitute or where such

reduction of working hours for period of childcare substantially hinders the normal

operation of business. <Amended by Act No. 11274, Feb. 1, 2012>

(2) Where the employer elects not to grant a reduction of working hours for period

of childcare under the proviso to paragraph (1), he/she shall notify the relevant

worker of the ground in writing or have him/her use temporary retirement for

childcare or consult with the relevant worker as to whether to support him/her

through other measures. <Amended by Act No. 11274, Feb. 1, 2012>

(3) Where the employer grants a reduction of working hours for period of childcare

to the relevant worker under paragraph (1), the working hours after reduction shall

be at least 15 hours a week, but shall not exceed 30 hours a week.

(4) The period for reduction of working hours for a period of childcare shall not

exceed one year.

(5) No employer shall dismiss, or take any disadvantageous measures against, a

worker on grounds of reduction of working hours for a period of childcare.

(6) After completing a reduction period of working hours for a period of childcare,

the employer shall reinstate him/her in the same work as before a reduction of

working hours, or any other work paying the same level of wages.

(7) Matters necessary for methods and procedures for filing an application for a

reduction of working hours for a period of childcare and other matters shall be

prescribed by Presidential Decree.




Article 19-3 (Working Conditions, etc. during Reduction of Working Hours for Period of

Childcare) (1) No employer shall unfavorably apply working conditions to a worker

under a reduction of working hours for a period of childcare under Article 19-2,

except for cases of applying them in proportion to working hours, on grounds of a

reduction of working hours for a period of childcare.

(2) Working conditions of a worker under a reduction of working hours for a period

of childcare under Article 19-2 (including working hours after the reduction of

working hours for a period of childcare) shall be determined in writing between the

employer and the relevant worker.

(3) No employer may request a worker under a reduction of working hours under

Article 19-2 to engage in overtime work: Provided, That where the relevant worker

requests such overtime work specifically, the employer may have him/her engage in

such overtime work within 12 hours a week.

(4) Where average wages are calculated under subparagraph 6 of Article 2 of the

Labor Standards Act with regard to a worker under a reduction of working hours for

a period of childcare, the period during which the working hours for a period of

childcare of the relevant worker are reduced shall be excluded in calculating the

period of average wages.


Article 19-4 (Types of Using Temporary Retirement for Childcare and Reduction of

Working Hours for Period of Childcare)

Where a worker intends to use temporary retirement for childcare or reduce working

hours for a period of childcare under Articles 19 and 19-2, he/she may do so by

choosing one of the following methods: Provided, That the total period shall not

exceed one year irrespective of any method:

1. One-time use of temporary retirement for childcare;

2. One-time use of reduction of working hours for a period of childcare;

3. Divided use of temporary retirement for childcare (only once);

4. Divided use of reduction of working hours for a period of childcare (only once);

5. One-time use of temporary retirement for childcare and one-time use of

reduction of working hours for a period of childcare.




Article 19-5 (Other Measures for Supporting Childcare) (1) The employer shall

endeavor to take the following measures in order to support childcare of a worker

who rears children before attending elementary school:

1. Adjustment of time to commence and finish duties;

2. Restriction on overtime work;

3. Adjustment of working hours, such as reduction or flexible operation of working

hours;

4. Other necessary measures for supporting childcare of the relevant worker.

(2) The Minister of Employment and Labor may provide necessary support, in

consideration of effects on employment, etc., where the employer takes measures

under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>


Article 19-6 (Support by Employers for Worker's Reinstatment to Work)

The employer shall endeavor to develop and improve vocational abilities of workers

under temporary retirement for childcare under this Act and provide support so that

workers who have completed maternity leave, temporary retirement for childcare or

reduction of working hours for a period of childcare, may readily adapt to working

life.<Amended by Act No. 11274, Feb. 1, 2012>


Article 20 (Work-Family Balance Assistance) (1) The State may, where the employer

has granted temporary retirement for childcare or a reduction of working hours for a

period of childcare to the worker, subsidize some of living expenses of the relevant

worker and the expenses incurred in maintaining the worker's employment.

(2) The State may support employers who introduce measures for assisting work-

family balance of his/her workers, through taxation and finance.


Article 21 (Establishment of, and Support for, Workplace Child Care Centers, etc.) (1)

Employers shall establish child care centers necessary for childcare, such as

lactation and daycare (hereinafter referred to as "workplace child care center") in

order to assist in the worker's employment. <Amended by Act No. 10789, Jun. 7,



2011>

(2) Matters concerning the establishment and operation of workplace child care

centers, such as the scope of employers obligated to establish child care centers,

shall be governed by the Infant Care Act. <Amended by Act No. 10789, Jun. 7,

2011>

(3) The Minister of Employment and Labor shall provide such assistance and

guidance as required for the establishment and operation of workplace child care

centers in order to promote the employment of workers. <Amended by Act No.

10339, Jun. 4, 2010; Act No. 10789, Jun. 7, 2011>


Article 21-2 (Other Childcare-Related Assistance)

Where any employer, other than an employer obligated to establish a workplace child

care center under Article 21, intends to establish a child care center, the Minister of

Employment and Labor may provide necessary assistance, such as providing

information on the establishment and operation of workplace child care centers,

counseling and partially subsidizing expenses.<Amended by Act No. 10339, Jun. 4, 2010;

Act No. 10789, Jun. 7, 2011>


Article 22 (Establishment of Public Welfare Facilities) (1) The State or local

governments may establish public welfare facilities, such as education, childcare, and

housing, in favor of female workers.

(2) Necessary matters concerning standards for and the operation of public welfare

facilities under paragraph (1) shall be determined by the Minister of Employment and

Labor. <Amended by Act No. 10339, Jun. 4, 2010>


Article 22-2 (Support for Family Care, etc. of Workers) (1) Where any worker applies

for a temporary retirement in order to take care of his/her parents, spouse, sons and

daughters or parents of his/her spouse (hereinafter referred to as "family") on

grounds of their disease, accident or senility (hereinafter referred to as "temporary

retirement for family care"), the employer shall grant it: Provided, That this shall not

apply to cases prescribed by Presidential Decree, such as where it is impossible to



employ his/her substitute or where such reduction of working hours for a period of

childcare substantially hinders the normal operation of business. <Amended by Act

No. 11274, Feb. 1, 2012>

1. Adjusting the work starting and finishing time;

2. Restricting overtime work;

3. Adjusting working hours, such as reduction or flexible operation, etc. of working

hours;

4. Other supportive measures appropriate for workplace conditions.

(6) Employers shall endeavor to provide necessary psychological counseling

services to assist his/her workers in maintaining a sound workplace and family life.

(7) The Minister of Employment and Labor may provide necessary support, in

consideration of effects, etc. on employment, where the employer takes measures

under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>


Article 22-3 (Formation of Foundation for Work-Family Balance Assistance) (1) The

Minister of Employment and Labor shall perform projects such as surveys, research

and publicity to introduce and spread family-work balance programs and to support

the smooth operation, etc. of measures for protection of motherhood, and provide

both employers and workers with professional counseling services and relevant

information, etc. <Amended by Act No. 10339, Jun. 4, 2010>

(2) The Minister of Employment and Labor may perform the duties under paragraph

(1) and those concerning support for the establishment and operation of workplace

childcare facilities under Articles 21 and 21-2 by entrusting them to public agencies

or private organizations, as prescribed by Presidential Decree. <Amended by Act

No. 10339, Jun. 4, 2010>

(3) The Minister of Employment and Labor may subsidize any expenses incurred in

performing the duties to the agencies entrusted with the duties under paragraph (2).





CHAPTER IV PREVENTION AND SETTLEMENT OF DISPUTES

Article 23 (Assistance to Counseling Services) (1) The Minister of Employment and

Labor may, within the limits of budget, partially subsidize necessary expenses

incurred by private organizations in conducting counseling services on discrimination,

sexual harassment on the job, protection of motherhood, and work-family balance,

etc. <Amended by Act No. 10339, Jun. 4, 2010>

(2) Necessary matters concerning the requirements to select the organizations, the

subsidizing criteria, subsidizing procedures, interruption of subsidizing, etc. the

expenses under paragraph (1) shall be prescribed by Ordinance of the Ministry of



Article 24 (Honorary Supervisors for Equal Employment) (1) The Minister of

Employment and Labor may, in order to promote execution of equal employment for

both genders at the business place, commission the person from among the workers

belonging to the relevant business place, who is recommended by both labor and

management, as the honorary supervisor for equal employment (hereinafter referred

to as the "honorary supervisor"). <Amended by Act No. 10339, Jun. 4, 2010>

(2) The honorary supervisor shall perform the following duties: <Amended by Act

No. 10339, Jun. 4, 2010>

1. Counseling and advice to workers becoming victims upon occurrence of

discrimination or sexual harassment on the job at the relevant business place;

2. Presence as a witness at the time of autonomous inspection and guidance of the

status of executing equal employment at the relevant business place;

3. Recommendations to the employer for improvement of the matters involving

violations of Acts and subordinate statutes, and report thereon to the supervisory

agency;

4. Publicity and enlightenment concerning the equal employment system for both

genders;

5. Other duties determined by the Minister of Employment and Labor in order to

materialize equal employment for both genders.

(3) No employer shall take any disadvantageous personnel measures against the

relevant worker on grounds that such worker has performed justifiable activities as



an honorary supervisor.

(4) Necessary matters concerning the commissioning, decommissioning, etc. of

honorary supervisors shall be prescribed by Ordinance of the Ministry of



Article 25 (Autonomous Settlement of Disputes)

The employer shall strive for autonomous settlement thereof, such as entrusting the

settlement of grievances to the labor-management council established in relevant

business place under the Act on the Promotion of Workers' Participation and

Cooperation, when any worker files a report on grievance of the matters under

Articles 7 through 13, 13-2, 14, 14-2, 18 (4), 18-2, 19, 19-2 through 19-6, 21

and 22-2.


Article 26 Deleted.<by Act No. 7822, Dec. 30, 2005>




Article 30 (Burden of Proof)

In settling disputes related to this Act, the burden of proof shall be borne by the

employer.


CHAPTER V SUPPLEMENTARY PROVISIONS

Article 31 (Reporting, Inspections, etc.) (1) The Minister of Employment and Labor

may, if deemed necessary for the enforcement of this Act, order the employer to

submit reports and relevant documents, or direct the relevant public officials to enter

the business place and make inquiries of persons concerned, or inspect the relevant

documents. <Amended by Act No. 10339, Jun. 4, 2010>



(2) The relevant public officials shall, in cases under paragraph (1), carry a

certificate verifying his/her authority and produce it to persons concerned.


Article 32 (Publication of Current Status, etc. of Performing Equal Employment)

The Minister of Employment and Labor may, if deemed necessary to secure the

effect enforcement of this Act, publish the actual status of performing equal

employment, other results of surveys, etc.: Provided, That the same shall not apply

to cases where a publication is restricted by other Acts.<Amended by Act No. 10339, Jun.

4, 2010>


Article 33 (Keeping Relevant Documents)

Employers shall keep documents prescribed by Presidential Decree concerning the

matters provided for in this Act for three years. In such cases, documents prescribed

by Presidential Decree may be prepared and kept in electronic documents as defined

in Article 2 (1) of the Framework Act on Electronic Documents and Transactions.

<Amended by Act No. 9998, Feb. 4, 2010; Act No. 11461, Jun. 1, 2012>


Article 34 (Application to Dispatched Workers)

Each outsourcing employer under subparagraph 4 of Article 2 of the Protection, etc.

of Dispatched Workers Act shall be deemed the employer under this Act, in applying

Article 13 (1) to the business place where the dispatched work is carried out

pursuant to the Protection, etc. of Dispatched Workers Act.


Article 35 (Subsidizing Expenses) (1) The State, local governments, and public

agencies may, within the limit of budget, wholly or partially subsidize expenses

incurred in performing projects related to promotion of employment and welfare of

women.

(2) The State, local governments, and public agencies may, where a person in

receipt of subsidy under paragraph (1) falls under any of the following

subparagraphs, revoke a decision on paying subsidy wholly or partially, and order the

return of all or part of the subsidy that has been paid:



1. Where he/she has used the subsidy for purposes other than intended projects;

2. Where he/she has violated the terms of the decision on paying subsidy (including

the relevant conditions, if they are attached thereto);

3. Where he/she has received a subsidy by false or any other unlawful means.


Article 36 (Delegation and Entrustment of Authority)

The Minister of Employment and Labor may, as prescribed by Presidential Decree,

delegate part of the authority under this Act to the heads of local employment and

labor administration agencies or of local governments, or entrust it to public

agencies.<Amended by Act No. 10339, Jun. 4, 2010>


CHAPTER VI PENAL PROVISIONS

Article 37 (Penal Provisions) (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 for not more than five years or by a fine not exceeding 30 million

won.

(2) Where an employer does any of the following acts, he/she shall be punished by

imprisonment 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 equally pay for work of equal-value 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 in sexual harassment on the job or

claimed for the occurrence of sexual harassment on the job, in violation of Article

14 (2);

3. Where the employer dismisses, or takes any other disadvantageous measures

against, a worker on grounds of temporary retirement for childcare, in violation of

Article 19 (3), or dismisses the relevant worker during the period of temporary



retirement for childcare 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 unfavorably applies 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 cases of

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 temporary retirement for family care, 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 do overtime work 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 recruitment and

employment of 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, 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 grants permission for temporary retirement for childcare

after receiving an application therefor, or fails to reinstate his/her worker in the

same work as before temporary retirement, or any other work paying the same

level of wages after the completion of a worker's temporary retirement for

childcare, 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).


Article 38 (Joint Penal Provisions)

If the representative of a juristic person, or an agent, an employee or any other

employed person of the juristic person or an individual commits an offense under

Article 16 with respect to affairs of the juristic person or individual, not only the

offender shall be punished, but also the juristic person or individual shall be punished

by a fine under the corresponding Article: Provided, That this shall not apply where

the juristic person or individual has not neglected to pay a due attention and to

exercise supervision with respect to the relevant affairs to prevent such offense.

[This Article Wholly Amended by Act No. 9998, Feb. 4, 2010]

Article 39 (Fines for Negligence) (1) Where an employer commits sexual harassment

on the job in violation of Article 12, he/she shall be punished by a fine for negligence

not exceeding ten million won.

(2) Where an employer commits any of the following offenses, he/she shall be

punished by a fine for negligence not exceeding five million won. <Amended by Act

No. 11274, Feb. 1, 2012>

1. Where the employer fails to take, without delay, a disciplinary measure or any

other action corresponding thereto against the relevant actor although the

occurrence of sexual harassment on the job has been verified, in violation of Article

14 (1);

2. Where the employer dismisses, or takes any other disadvantageous measures

against, a worker on grounds of a claim for any damage from sexual harassment

from the client, etc. or of disregard for sexual demand from the client, etc., in

violation of Article 14-2 (2);



3. Where the employer fails to grant leave for at least three up to five days although

a worker has requested leave on grounds of his spouse's giving birth or fails to pay

for the first three days out of the period of leave used, in violation of Article 18-2

(1);

4. Where the employer fails to grant a reduction of working hours for a period of

childcare and fails to notify the relevant worker of the ground in writing or fails to

consult with the relevant worker as to whether to support him/her through use of

temporary retirement for childcare or other measures, in violation of Article 19-2

(2);

5. Where the employer fails to determine, in writing, the working conditions of a

worker under a reduction of working hours for a period of childcare, in violation of

Article 19-3 (2);

(3) Any of the following persons shall be punished by a fine for negligence not

exceeding three million won:

1. A person who fails to provide preventive education of sexual harassment on the

job, in violation of Article 13 (1);

2. A person who fails to submit implementation plans, in violation of Article 17-3

(1);

3. A person who fails to submit the current status of employment of male and female

workers or submits the false current status of employment of male and female

workers in violation of Article 17-3 (2);

4. A person who fails to submit the performance results or submits false

performance results by false in violation of Article 17-4 (1) (excluding where the

person who has submitted implementation plans under Article 17-3 (3) fails to

submit the performance results);

5. A person who fails to fully cooperate in all procedures, such as preparation and

verification of relevant documents, in violation of Article 18 (4);

6. A person who refuses to submit reports or relevant documents under Article 31

(1), or reports or submits false reports or relevant documents;

7. A person who refuses, obstructs, or evaded an inspection under Article 31 (1);

8. A person who fails to keep relevant documents for three years, in violation of

Article 33.



(4) Fines for negligence referred to in paragraphs (1) through (3) shall be imposed

and collected by the Minister of Employment and Labor, as prescribed by

Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>

(5) Any person dissatisfied with a disposition of a fine for negligence under

paragraph (4) may file an objection with the Minister of Employment and Labor

within 30 days after being notified of such disposition. <Amended by Act No. 10339,

Jun. 4, 2010>

(6) Where a person subject to a disposition of a fine for negligence under paragraph

(4) files an objection under paragraph (5), the Minister of Employment and Labor

shall, without delay, notify the competent court, which, in turn, shall proceed to a

trial on a fine for negligence pursuant to the Non-Contentious Case Litigation

Procedure Act. <Amended by Act No. 10339, Jun. 4, 2010>

(7) If neither objection is raised nor fine for negligence paid within the period

prescribed in paragraph (5), it shall be collected in the same manner as delinquent

national taxes are collected.


ADDENDA <No. 6508, 14. Aug, 2001>

(1) (Enforcement Date) This Act shall enter into force on November 1, 2001.

(2) (Transitional Measures concerning Penal Provisions) The previous provisions

shall govern the application of penal provisions or fines for negligence to the

activities committed before this Act enters into force.

(3) (Transitional Measures concerning Equal Employment Council) The Equal

Employment Council that has been established pursuant to the previous provisions at

the time this Act enters into force shall be deemed the Employment Equality

Committee pursuant to this Act.

(4) (Relationships with other Acts) Where the provisions of the previous Act on the

Equal Employment for Both Sexes are cited in other Acts and subordinate statutes at

the time this Act enters into force, and where there are corresponding provisions in

this Act, the corresponding provisions in this Act shall be deemed to have been cited

in lieu of the previous provisions.



ADDENDA <No. 7564, 31. May, 2005>

(1) (Enforcement Date) This Act shall enter into force on January 1, 2006.

(2) (Applicable Example concerning Maternity Leave Benefits, etc.) The amended

provisions of Article 18 (1) on maternity leave benefits, etc. shall apply from the

first female workers giving birth to a child, miscarrying or having a still birth after

this Act enters into force.

ADDENDA <No. 7822, 30. Dec, 2005>

Article 1 (Enforcement Date)

This Act shall enter into force on March 1, 2006.

Article 2 (Transitional Measures concerning Application for Dispute Mediation)

(1) The previous provisions shall govern applications for dispute mediation received

by the Employment Equality Committee under the previous provisions at the time


(2) Notwithstanding the amended provisions of Articles 26 through 29, the

Employment Equality Committee under the previous provisions shall be deemed to

continue to exist limited to dispute mediation under the provisions of paragraph (1).

Article 3 (Transitional Measures concerning Mitigation of Requirement for Application

for Temporary Retirement for Childcare)

The amended provisions of Article 19 shall apply from the nursling and infant born

after January 1, 2008.

ADDENDA <No. 8372, 11. Apr, 2007>


This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 17 Omitted.



ADDENDA <No. 8781, 21. Dec, 2007>


This Act shall enter into force six months after the date of its promulgation:

Provided, That the amended provisions from Article 39 (2) 3 through 5 shall enter

into force one year and six months after the date of its promulgation.

Article 2 Omitted.

Article 3 (Relationships with Other Acts and Subordinate Statues)

Where the previous Sexual Equality Employment Act or its provisions are cited in

other Acts and subordinate statutes at the time when this Act enters into force, and

where there are corresponding provisions in this Act, this Act or the corresponding

provisions in this Act shall be considered to have been cited in lieu of the previous

provisions.

ADDENDA <No. 9792, 09. Oct, 2009>


This Act shall enter into force on January 1, 2010.

Articles 2 and 3 Omitted.

ADDENDA <No. 9795, 09. Oct, 2009>


This Act shall enter into force three months after its promulgation.


ADDENDA <No. 9998, 04. Feb, 2010>

(1) (Enforcement Date) This Act shall enter into force on the date of its

promulgation.

(2) (Application under Relaxation of Application Requirement for Maternity Leave)

The amended provisions of Article 19 shall apply one of the following subparagraphs.



ADDENDA <No. 10339, 04. Jun, 2010>


This Act shall enter into force one month after its promulgation. (Proviso Omitted.)


ADDENDA <No. 10789, 07. Jun, 2011>


This Act shall enter into force six months after the date of its promulgation. (Proviso

Omitted.)


ADDENDA <No. 11274, 01. Feb, 2012>


This Act shall enter into force six months after the date of its promulgation:

Provided, That with respect to the workplaces where less than 300 regular workers

are employed, the amended provisions of Articles 18-2, 22-2, 37 (2) 6, and 39 (2)

3 and 7 shall enter into force one year after the date of its promulgation.

Article 2 (Applicability)

(1) The amended provisions of Article 18-2 (1) shall apply, starting with the first

male worker who requests leave on grounds of his spouse's childbirth after this Act

enters into force.

(2) The amended provisions of Article 19 (5) shall apply, starting with the first

fixed-term worker or temporary agency worker who requests temporary retirement

for childcare after this Act enters into force.

(3) The amended provisions of Article 19 (2) shall apply, starting with the first

worker who applies for a reduction of working hours for a period of childcare after


(4) The amended provisions of Article 22-2 shall apply, starting with the first

worker who applies for a temporary retirement for family care after this Act enters

into force.

Article 3 Omitted.



ADDENDA <No. 11461, 01. Jun, 2012>


This Act shall enter into force three months after the date of its promulgation.
