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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

Act No. 8781, Dec. 21, 2007

Amended by Act No. 9792, Oct. 9, 2009

Act No. 9795, Oct. 9, 2009

Act No. 9998, Feb. 4, 2010

Act No. 10339, jun. 4, 2010

Act No. 10789, jun. 7, 2011

Act No. 11274, Feb. 1, 2012

Act No. 11461, jun. 1, 2012

Act No. 12244, Jan. 14, 2014

Act No. 12628, May 20, 2014

Act No. 13043, Jan. 20, 2015

Act No. 13932, Jan. 28, 2016

Act No. 15109, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute not only to realizing 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 improving the quality of all the people's lives 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: <Amended by Act No. 15109, Nov. 28, 2017>
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 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, thus putting the opposite gender at a disadvantage, and the said conditions may not be attested to be justifiable): Provided, That this shall not apply to any of the following cases:
(a) Where a specific gender is inevitably requested in view of the characteristics of duties;
(b) Where measures are taken for protecting motherhood, such as pregnancy, childbirth and lactation of female workers;
(c) Where proactive 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 to feel sexual humiliation or repulsion by sexual words or actions by utilizing a position in the workplace or in relation with duties, or providing any disadvantages in working conditions and employment on account of disregard for sexual words or actions or any other demands, etc.;
3. The term "proactive employment improvement measure" means any measure taken to temporarily give a specific gender preferential treatment 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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 3 (Scope of Application)
(1) This Act shall apply to all sorts of business 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 realization of equal employment for both genders and work-family balance shall be governed by this Act except as otherwise provided for in other Acts.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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 realization of equal employment for both genders.
(2) The State and local governments shall support efforts by workers and employers to balance work-family and endeavor to raise funds and create conditions necessary for assisting such balance.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 5 (Responsibility of Workers and Employers)
(1) Workers shall endeavor to create a workplace 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 conditions, by improving various practices and systems detrimental to the realization 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 workplace and endeavor to create a working environment to assist such balance.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 6 (Formulation, etc. of Policies)
(1) The Minister of Employment and Labor shall formulate and execute any of the following policies in order to realize equal employment for both genders and work-family balance: <Amended by Act No. 10339, Jun. 4, 2010>
1. Publicity for raising awareness of equal employment for both genders;
2. Selection of excellent enterprises in equal employment for both genders (including excellent enterprises in proactive employment improvement measures under Article 17-4), and administrative and financial support;
3. Establishment and promotion of a specific period to emphasize equal employment for both genders;
4. Survey and research to alleviate discrimination 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 realization of equal employment for both genders and for assistance for 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 relevant administrative agencies, local governments, and other public agencies to render cooperation thereto. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 6-2 (Formulation of Master Plan)
(1) The Minister of Employment and Labor shall formulate a master plan for the realization of equal employment for both genders and work-family balance (hereinafter referred to as "master plan") every five years. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13932, Jan. 28, 2016>
(2) A master plan shall include the following matters: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13932, Jan. 28, 2016>
1. Matters concerning the promotion of women’s employment;
2. Matters concerning the guarantee of equal opportunities and treatment for both genders;
3. Matters concerning the establishment of the principle of equal pay for equal-value work;
4. Matters concerning the development of vocational abilities of women;
5. Matters concerning the protection of motherhood of female workers;
6. Matters concerning assistance for work-family balance;
7. Matters concerning the establishment and operation of welfare facilities for female workers;
8. Evaluation of the previous master plan;
9. Other matters deemed necessary by the Minister of Employment and Labor to realize equal employment for both genders and to assist work-family balance.
(3) The Minister of Employment and Labor may, if he/she deems it necessary, request the heads of relevant administrative agencies and public institutions to submit materials necessary for the formulation of a master plan. <Newly Inserted by Act No. 13932, Jan. 28, 2016>
(4) Upon formulating a master plan, the Minister of Employment and Labor shall, without delay, report thereon to the competent standing committee. <Newly Inserted by Act No. 13932, Jan. 28, 2016>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 Article 6-3 (Implementation of Surveys of Current Status)
(1) The Minister of Employment and Labor shall implement periodic surveys to understand the current status of the alleviation of the discrimination between both genders in business or at the business place, the protection of motherhood and work-family balance. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The objects, period, details 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>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
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 recruiting or employing workers.
(2) In recruiting or employing female workers, no employer shall exhibit or demand physical conditions including appearance, height, weight and unmarried status 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>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 8 (Wages)
(1) The employer shall provide equal pay for equal-value work within the identical business.
(2) Standards for equal-value work 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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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, in order to subsidize the living of his/her workers aside from wages.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 10 (Education, Assignment, and Promotion)
No employer shall discriminate on grounds of gender in education, assignment, and promotion of his/her workers.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 13 (Preventive Education, etc. of Sexual Harassment in Workplace)
(1) The employer shall conduct preventive education of sexual harassment in the workplace (hereinafter referred to as "preventive education of sexual harassment") every year in order to prevent sexual harassment in the workplace and to create the given conditions whereunder his/her workers may work in a safe working environment. <Amended by Act No. 15109, Nov. 28, 2017>
(2) An employer and a worker shall receive preventive education of sexual harassment pursuant to paragraph (1). <Newly Inserted by Act No. 12244, Jan. 14, 2014>
(3) An employer shall keep his/her workers posted on details of preventive education of sexual harassment by always posting or making notices thereof available in conspicuous places where workers have ready access to them. <Newly Inserted by Act No. 15109, Nov. 28, 2017>
(4) An employer shall take measures to prevent and prohibit sexual harrassment in the workplace in accordance with standards prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 15109, Nov. 28, 2017>
(5) Necessary matters concerning the details, methods, frequency, etc. of preventive education of sexual harassment pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended by Act No. 12244, Jan. 14, 2014; Act No. 15109, Nov. 28, 2017>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 13-2 (Entrustment of Preventive Education of Sexual Harassment)
(1) The employer may conduct preventive education of sexual harassment by entrusting such education to the institution designated by the Minister of Employment and Labor (hereinafter referred to as the "institution for preventive education of sexual harassment"). <Amended by Act No. 10339, Jun. 4, 2010>
(2) Where an employer intends to provide preventive education of sexual harassment by entrusting it to an institution for preventive education of sexual harassment, he/she shall notify such institution of matters prescribed by Presidential Decree in advance pursuant to Article 13 (5) to ensure such matters be included in the preventive education. <Newly Inserted by Act No. 15109, Nov. 28, 2017>
(3) An institution for preventive education of sexual harassment shall be designated from among the institutions provided for in Ordinance of the Ministry of Employment and Labor, and it shall have at least one lecturer provided for in Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) An 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 list of persons completing education, and deliver such data to employers or persons undergoing education. <Amended by Act No. 10339, Jun. 4, 2010>
(5) The Minister of Employment and Labor may cancel the relevant designation where the institution for preventive education of sexual harassment falls under any of the following: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 15109, Nov. 28, 2017>
1. Where it has obtained the designation by deception or other fraudulent means;
2. Where it has failed to employ a lecturer under paragraph (3) for at least three consecutive months without any justifiable reason;
3. Where it has failed to conduct preventive education of sexual harassment in the workplace for two years.
(6) In order to cancel the designation of an institution for preventive education of sexual harassment pursuant to paragraph (5), the Minister of Employment and Labor shall hold a hearing. <Newly Inserted by Act No. 12628, May 20, 2014; Act No. 15109, Nov. 28, 2017>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 14 (Measures When Sexual Harassment Occurs in Workplace)
(1) Where any person becomes aware of the fact that sexual harassment has occurred in the workplace, he/she may report the fact to the relevant employer.
(2) Where an employer receives a report under paragraph (1) or becomes aware of the fact that sexual harassment has occurred in the workplace, he/she shall immediately conduct an investigation to verify whether sexual harassment has occurred in the workplace. In such cases, the employer shall give consideration to a worker who suffered sexual harassment in the workplace or a worker who alleges that he/she suffered such harassment (hereinafter referred to as "harassed worker, etc.") lest he/she should feel sexual shame, etc. in the course of any investigation.
(3) Where it is necessary to protect a harassed worker, etc. during the period of investigation under paragraph (2), an employer shall take appropriate measures, such as the change of the place where the harassed worker, etc. works or the issuance of an order to have the harassed worker, etc. take a paid leave of absence. In such cases, no employer shall take measures against the wishes of the harassed worker, etc.
(4) Where the investigation under paragraph (2) finds that sexual harassment has occurred in the workplace, its employer shall take necessary measures such as the change of the place where the harassed worker works, redeployment, and the issuance of an order to have the harassed worker take a paid leave of absence, if the harassed worker requests.
(5) Where the investigation under paragraph (2) finds that sexual harassment has occurred in the workplace, its employer shall immediately take necessary measures against a person who has committed sexual harassment at the workplace, such as a disciplinary punishment or the change of the place where the perpetrator works. In such cases, the employer shall hear opinions of the harassed worker on a measure such as a disciplinary punishment before he/she takes it.
(6) No employer shall give a worker who reports that sexual harassment has occurred or a harassed worker, etc. any of the following disadvantageous treatments:
1. Dismissal, removal from office, discharge or any other disadvantageous treatment corresponding to the loss of status;
2. Inappropriate personnel actions, such as a disciplinary punishment, suspension from office, salary reduction, demotion, or restrictions on promotion;
3. Failure to assign duties, reassignment of duties, or any other personnel actions against the wishes of the relevant person;
4. Discrimination in performance evaluations or peer review, or differential payment of wages, bonuses, etc. following such discrimination;
5. Restrictions on opportunities of education and training for the development and improvement of vocational skills;
6. Engagement in any act of causing mental or physical harm, such as group bullying, assault, or verbal abuse, or neglect of an occurrence of such act;
7. Any other disadvantageous treatment against the wishes of the worker who reports the occurrence of sexual harassment or the harassed worker, etc.
(7) No person who investigates the occurrence of sexual harassment in the workplace pursuant to paragraph (2), who receives a report on the details of investigation, or who participates in investigating sexual harassment shall divulge confidential information he/she obtains in the course of the relevant investigation to others against the wishes of a harassed worker, etc.: Provided, That the foregoing shall not apply where he/she reports matters related to the investigation to his/her employer or provides necessary information at the request of a related agency.
[This Article Wholly Amended by Act No. 15109, Nov. 28, 2017]
 Article 14-2 (Prevention of Sexual Harassment by Clients, etc.)
(1) Where any person closely related to the duties, such as a client, causes an worker to feel sexual humiliation or repulsion by sexual words, actions, etc. during the performance of his/her duties and such worker requests resolution of the grievance thereby, his/her employer shall take appropriate measures such as changing his/her place of work, redeployment, or granting a paid leave of absence. <Amended by Act No. 15109, Nov. 28, 2017>
(2) No employer shall dismiss, or take any other disadvantageous measures against, a worker on account of his/her claim that he/she suffered damage under paragraph (1) or of disregard for sexual demands from clients, etc.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
SECTION 3 Development of Vocational Abilities of Women and Facilitation of Their Employment
 Article 15 (Vocational Guidance)
The employment security office 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>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 17 (Promotion of Women’s Employment)
(1) The Minister of Employment and Labor may fully or partially subsidize expenses incurred by non-profit corporations or organizations that establish or operate facilities to promote women’s employment. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may fully or partially subsidize expenses incurred by the employers who conduct business to promote women’s employment or who intend to improve their working environments within the business place, such as establishing a resting place for women, lactation facility. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 17-2 (Support for Ability Development and Employment Promotion of Career-Interrupted Women)
(1) The Minister of Employment and Labor shall select promising job types and develop special training and employment promotion programs for career-interrupted women who have quit their jobs for such reasons as pregnancy, childbirth, childcare 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, through the employment security office under Article 2-2 (1) of the Employment Security Act. <Amended by Act No. 9795, Oct. 9, 2009; Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
SECTION 4 Proactive Employment Improvement Measures
 Article 17-3 (Establishment and Submission, etc. of Implementation Plans for Proactive 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 for proactive employment improvement measures in order to eliminate discriminatory 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 proactive 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 eliminate discriminatory employment practices are insufficient, and thus deemed inappropriate as implementation plans, he/she may request the relevant employer to supplement such plans. <Amended by Act No. 10339, Jun. 4, 2010>
(5) Matters necessary for 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>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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 results thereof. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor may commend an enterprise which is found to have excellent performance results after the evaluation under paragraph (2) (hereinafter referred to as “enterprise with excellent proactive 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 proactive employment improvement measures.
(5) The Minister of Employment and Labor may urge employers found to have poor performance results after the 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 an institution or organization prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(7) Matters necessary for items to be entered into the performance results under paragraph (1), period and procedures for submission, and notification procedures for evaluation results under paragraph (2), etc. shall be provided for by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 17-5 (Publication of List of Employers Failing to Implement Proactive Employment Improvement Measures)
(1) When an employer who has failed to achieve the standard under Article 17-3 (1) on three consecutive occasions before the base date of publication of a list is urged to perform an implementation plan pursuant to Article 17-4 (5) and fails to follow it, the Minister of Employment and Labor may publicly announce the list of such persons: Provided, That the same shall not apply where any ground prescribed by Presidential Decree exists, including death of an employer and extinction of a business.
(2) Matters necessary for publication, such as specific standards, details, and methods of publication pursuant to paragraph (1), shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12244, Jan. 14, 2014]
 Article 17-6 (Posting of Implementation Plans, etc.)
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 his/her workers may peruse them.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 17-7 (Cooperation for Proactive Employment Improvement Measures)
The Minister of Employment and Labor may request the heads of related administrative agencies to take necessary measures to correct or prevent discrimination, if deemed necessary for efficient execution of proactive employment improvement measures. In such cases, the heads of related administrative agencies shall comply with such request except in any extenuating circumstances. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 17-8 (Deliberation on Important Matters concerning Proactive Employment Improvement Measures)
Each of the following matters related to the proactive employment improvement measures shall be deliberated by the Employment Policy Deliberative Council under Article 10 of the Framework Act on Employment Policy: <Amended by Act No. 12244, Jan. 14, 2014>
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 proactive employment improvement measures under Article 17-4 (2);
4. Matters concerning commendation of and support for enterprises with excellent proactive employment improvement measures under Article 17-4 (3) and (4);
5. Matters concerning whether the publication under Article 17-5 (1) is made or not;
6. Other matters referred for discussion by the Chairperson of the Employment Policy Deliberative Council concerning proactive employment improvement measures.
[This Article Wholly Amended by Act No. 9792, Oct. 9, 2009]
 Article 17-9 (Surveys, Research, etc. of Proactive 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 proactive employment improvement measures. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may partially entrust the duties under paragraph (1) to persons prescribed by Presidential Decree, where deemed necessary. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
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 all 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>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 Article 18-3 (Leave of Absence for Subfertility Treatment)
(1) Where a worker applies for a leave of absence to receive subfertility treatment (hereinafter referred to as "leave of absence for subfertility treatment") such as artificial insemination or in vitro fertilization, an employer shall grant a leave of absence to the worker for a period not exceeding three days a year, and in such cases, the first one day shall be a paid leave of absence: Provided, That where granting a leave of absence for a period as requested by the worker significantly impedes the operation of normal business, the employer may change the period in consultation with the worker.
(2) No employer shall give disadvantageous treatment such as dismissal or disciplinary punishment on the grounds that a worker takes a leave of absence for subfertility treatment.
(3) Methods, procedures, etc. for applying for a leave of absence for subfertility treatment shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 15109, Nov. 28, 2017]
CHAPTER III-2 ASSISTANCE FOR WORK-FAMILY BALANCE
 Article 19 (Childcare Leave)
(1) Where a worker parenting his/her children (including adopted children) younger than eight years old or in the second grade of elementary school applies for temporary retirement (hereinafter referred to as "childcare leave"), his/her 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; Act No. 12244, Jan. 14, 2014>
(2) The period of childcare leave shall not exceed one year.
(3) No employer shall dismiss, or take any other disadvantageous measure against, a worker on account of childcare leave, or dismiss the relevant worker during the period of childcare leave: Provided, That this shall not apply where the employer is unable to continue his/her business.
(4) After a worker completes childcare leave, the employer shall reinstate the relevant worker in the same work as before the leave, or any other work paying the same level of wages. The period of childcare leave under paragraph (2) shall be included in his/her continuous employment period.
(5) The period of childcare leave of fixed-term workers or temporary agency workers shall not be included in the employment period prescribed in Article 4 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers or in the period of temporary employment prescribed in Article 6 of the Act on the Protection, etc. of Temporary Agency Workers. <Newly Inserted by Act No. 11274, Feb. 1, 2012>
(6) Matters necessary for methods and procedures for application for childcare leave and other matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 19-2 (Reduction of Working Hours for Period of Childcare)
(1) Where any worker eligible to apply for childcare leave under Article 19 (1) applies for a reduction of working hours in lieu of such leave (hereinafter referred to as "reduction of working hours for period of childcare"), his/her 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 the normal operation of business is significantly impeded. <Amended by Act No. 11274, Feb. 1, 2012>
(2) Where the employer does not 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 therefor in writing and have him/her use childcare leave, 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 a worker completes 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.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 Article 19-3 (Working Conditions, etc. under Reduction of Working Hours for Period of Childcare)
(1) No employer shall apply unfavorable working conditions to a worker on reduced hours for a period of childcare under Article 19-2, except for 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 on reduced 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 on reduced hours under Article 19-2 to work overtime: Provided, That where the relevant worker requests such overtime work specifically, the employer may have him/her work overtime up to 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 on reduced 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.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 Article 19-4 (Types of Using Childcare Leave and Reduction of Working Hours for Period of Childcare)
Where a worker intends to use childcare leave 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 childcare leave;
2. One-time use of reduction of working hours for a period of childcare;
3. Divided use of childcare leave (only once);
4. Divided use of reduction of working hours for a period of childcare (only once);
5. One-time use of childcare leave and one-time use of reduction of working hours for a period of childcare.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 Article 19-5 (Other Measures to Support Childcare)
(1) The employer shall endeavor to take any of the following measures in order to support childcare of a worker who rears children (including adopted children) younger than eight years old or in the second grade of elementary school: <Amended by Act No. 13043, Jan. 20, 2015>
1. To adjust time to start and finish work;
2. To restrict overtime work;
3. To adjust working hours, such as reduction or flexible operation of working hours;
4. Other measures necessary to support 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>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 Article 19-6 (Support by Employers for Worker's Reinstatement to Work)
The employer shall endeavor to develop and improve vocational abilities of workers on childcare leave under this Act and provide support so that workers who return to work after maternity leave, childcare leave, or reduction of working hours for a period of childcare may readily adapt to working life. <Amended by Act No. 11274, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 Article 20 (Assistance for Work-Family Balance)
(1) The State may, where the employer has granted childcare leave or a reduction of working hours for a period of childcare to the worker, partially subsidize the 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 to assist with work-family balance of his/her workers, through taxation and finance.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 21-2 (Other Childcare-Related Assistance)
Where any employer, other than an employer obligated to establish a workplace childcare 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 partial subsidization of expenses. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10789, Jun. 7, 2011>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 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) Matters necessary for 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>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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 "family care leave"), 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 the normal operation of business is significantly impeded. <Amended by Act No. 11274, Feb. 1, 2012>
(2) Where the employer does not grant family care leave under the proviso to paragraph (1), he/she shall notify the relevant worker of the ground in writing and endeavor to take any of the following measures: <Newly Inserted by Act No. 11274, Feb. 1, 2012>
1. To adjust time to start and finish work;
2. To restrict overtime work;
3. To adjust working hours, such as reduction or flexible operation, etc. of working hours;
4. Other supportive measures appropriate for workplace conditions.
(3) The maximum period of family care leave shall be 90 days a year, and the relevant worker may use it over several occasions. In such cases, the period taken for one occasion shall be at least 30 days. <Newly Inserted by Act No. 11274, Feb. 1, 2012>
(4) No employer shall dismiss the relevant worker, deteriorate his/her working conditions, or take any other disadvantageous measures against him/her on grounds of family care leave. <Newly Inserted by Act No. 11274, Feb. 1, 2012>
(5) The period of family care leave shall be included in the period of continuous service: Provided, That it shall be excluded from the period for calculating average wages defined in Article 2 (1) 6 of the Labor Standards Act. <Newly Inserted by Act No. 11274, Feb. 1, 2012>
(6) Employers shall endeavor to provide necessary psychological counseling services to assist his/her workers in maintaining a sound workplace and family life. <Amended by Act No. 11274, Feb. 1, 2012>
(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; Act No. 11274, Feb. 1, 2012>
(8) Matters necessary for the method and procedure for applying for family care leave and other matters shall be prescribed by Presidential Decree <Newly Inserted by Act No. 11274, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
 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 to protect 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 expenses incurred in performing the duties to the agencies entrusted with the duties under paragraph (2). <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]
CHAPTER IV PREVENTION AND SETTLEMENT OF DISPUTES
 Article 23 (Assistance for Counseling Services)
(1) The Minister of Employment and Labor may, within budgetary limits, 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) Matters necessary for the requirements for selecting organizations, criteria and procedures for subsidization, interruption of subsidization, etc under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 24 (Honorary Supervisors for Equal Employment)
(1) The Minister of Employment and Labor may, in order to promote equal employment for both genders at the business place, commission a 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. Participation in autonomous inspections and guidance of the status of equal employment at the relevant business place;
3. Recommendations to the employer on 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 realize equal employment for both genders.
(3) No employer shall take any disadvantageous personnel measures against the relevant worker on grounds that such worker has duly performed duties as an honorary supervisor.
(4) Matters necessary for the commissioning decommissioning, etc. of honorary supervisors shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 25 (Voluntary Settlement of Disputes)
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, the employer shall strive for voluntary 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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Articles 26 through 29 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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 31-2 (Requests for Provision of Materials)
(1) The Minister of Employment and Labor may request the Minister of Health and Welfare or the National Health Insurance Service under the National Health Insurance Act for submission of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 50 of the foregoing Act for the purpose of performing any of the following duties. In such cases, the head of an agency so requested shall comply with such request unless there are justifiable reasons to do otherwise:
1. Affairs relating to the protection of motherhood under Chapter III;
2. Affairs relating to assistance for work-family balance under Chapter III-2;
3. Guidance on the protection of motherhood under Chapter III and on assistance for work-family balance under Chapter III-2;
4. Reporting, inspection, etc. under Article 31.
(2) The Minister of Employment and Labor may process the materials he/she receives under paragraph (1) through the employment insurance network under Article 15 (3) of the Framework Act on Employment Policy.
[This Article Newly Inserted by Act No. 13932, Jan. 28, 2016]
 Article 32 (Publication of Current Status, etc. of Performing Equal Employment)
The Minister of Employment and Labor may, if deemed necessary to secure effectiveness of the enforcement of this Act, publish the actual status of performing equal employment, other results of surveys, etc.: Provided, That the same shall not apply where a publication is restricted by other Acts. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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 form under subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions. <Amended by Act No. 9998, Feb. 4, 2010; Act No. 11461, Jun. 1, 2012>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 34 (Application to Dispatched Work)
Each user company under subparagraph 4 of Article 2 of Act on the Protection, etc. of Temporary Agency Workers shall be deemed the employer under this Act, in applying Article 13 (1) to the business place where dispatched work is carried out pursuant to the foregoing Act.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 35 (Subsidization of Expenses)
(1) The State, local governments, and public agencies may, within budgetary limits, fully 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 cases, revoke a decision on paying subsidy fully 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 purposes;
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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 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>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 36-2 (Review of Regulations)
The Minister of Employment and Labor shall review the validity of requests for provision of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 31-2 every five years based on January 1, 2016 (referring to the period before January 1 of every five years) and take measures, such as improvements, accordingly.
[This Article Newly Inserted by Act No. 13932, Jan. 28, 2016]
CHAPTER VI PENALTY PROVISIONS
 Article 37 (Penalty 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 with labor for not more than five years or by a fine not exceeding 30 million won.
(2) Where an employer commits any of the following violations, he/she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 11274, Feb. 1, 2012; Act No. 15109, Nov. 28, 2017>
1. Where the employer fails to provide equal pay for equal-value work within the identical business, in violation of Article 8 (1);
2. Where the employer gives disadvantageous treatment to a person who reports sexual harassment which has occurred in the workplace and a harassed person, etc., in violation of Article 14 (6);
3. Where the employer dismisses, or takes any other disadvantageous measures against, a worker on grounds of childcare leave, in violation of Article 19 (3), or dismisses the relevant worker during the period of childcare leave although no ground provided for in the proviso to the same paragraph occurs;
4. Where the employer dismisses, or takes other disadvantageous measures against, a worker on grounds of the reduction of working hours for a period of childcare, in violation of Article 19-2 (5);
5. Where the employer applies unfavorable working conditions to a worker under the reduction of working hours for a period of childcare on grounds of such reduction of working hours, in violation of Article 19-3 (1), except for applying them in proportion to the working hours;
6. Where the employer dismisses the relevant worker, deteriorates his/her working conditions, or takes any other disadvantageous measures against him/her on grounds of family care leave, in violation of Article 22-2 (4).
(3) Where an employer requests his/her worker under the reduction of working hours for a period of childcare to work overtime although such worker has not requested such overtime work specifically, in violation of Article 19-3 (3), he/she shall be punished by a fine not exceeding ten million won.
(4) Where an employer commits any of the following offences, he/she shall be punished by a fine not exceeding five million won:
1. Where the employer discriminates on grounds of gender in recruiting and employing a worker, or exhibits or demands physical conditions such as appearances, height or weight and unmarried status, which are not required for performing the relevant duties, in violation of Article 7;
2. Where the employer discriminates on grounds of gender in providing welfare, such as money, goods or similar thereto, or loans of funds, in order to support the livelihood of his/her workers except for wages, in violation of Article 9;
3. Where the employer discriminates on grounds of gender in education, assignment, and promotion of his/her workers, in violation of Article 10;
4. Where the employer fails to grant permission for childcare leave after receiving an application therefor, or fails to reinstate his/her worker in the same work as before the leave, or any other work paying the same level of wages after the completion of a worker's childcare leave, in violation of Article 19 (1) and (4);
5. Where the employer fails to reinstate his/her worker in the same work as before the reduction of working hours for a period of childcare, or any other work paying the same level of wages after the completion of a period for reduction of working hours for a period of childcare of a worker, in violation of Article 19-2 (6);
6. Where the employer takes any disadvantageous personnel measures, etc. against the relevant worker on grounds that such worker has duly performed his/her duties as an honorary supervisor, in violation of Article 24 (3).
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
 Article 38 (Joint Penalty 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 37 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 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 (Administrative Fines)
(1) Where an employer commits sexual harassment on the job in violation of Article 12, he/she shall be punished by an administrative fine not exceeding ten million won.
(2) Where an employer commits any of the following offenses, he/she shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 11274, Feb. 1, 2012; Act No. 15109, Nov. 28, 2017>
1. Deleted; <by Act No. 15109, Nov. 28, 2017>
1-2. Where he/she fails to conduct preventive education of sexual harassment, in violation of Article 13 (1);
1-3. Where he/she fails to keep workers posted on details of preventive education of sexual harassment by always posting or making notices thereof available in conspicuous places where workers have ready access to them, in violation of Article 13 (3);
1-4. Where he/she fails to conduct an investigation to verify whether sexual harassment has occurred in the workplace, in violation of the former part of Article 14 (2);
1-5. Where he/she fails to take necessary measures such as the change of the place where a harassed worker works, in violation of Article 14 (4);
1-6. Where he/she fails to take necessary measures, such as a disciplinary punishment or the change of the place where a person who has committed sexual harassment works, in violation of the former part of Article 14 (2);
1-7. Where he/she divulges confidential information he/she has obtained in the course of investigating sexual harassment which has occurred in the workplace to others, in violation of Article 14 (7);
2. Where the employer dismisses, or takes any other disadvantageous measures against, a worker on grounds of his/her claim that he/she suffered damage from sexual harassment by clients, etc. or of disregard for sexual demands from clients, 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);
3-2. Where he/she fails to grant a leave of absence for subfertility treatment, in violation of Article 18-3 (1);
4. Where the employer fails to grant a reduction of working hours for a period of childcare and to notify the relevant worker of the ground therefor in writing or fails to consult with the relevant worker as to whether to support him/her through use of childcare leave 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);
6. Where the employer fails to reduce working hours for a period of childcare although he/she has received an application for the reduction thereof, in violation of Article 19-2 (1);
7. Where the employer fails to grant a family care leave although he/she has received an application for the temporary retirement therefor, in violation of Article 22-2 (1).
(3) Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 15109, Nov. 28, 2017>
1. Deleted; <by Act No. 15109, Nov. 28, 2017>
1-2. Where an employer fails to take appropriate measures, such as the change of the place where a harassed worker works, redeployment or the issuance of an order to have the harassed worker take a leave of absence, in violation of Article 14-2 (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 thereof, in violation of Article 17-3 (2);
4. A person who fails to submit the performance results or submits false ones, 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) Administrative fines 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) through (7) Deleted. <by Act No. 13932, Jan. 28, 2016>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on November 1, 2001.
(2) (Transitional Measures concerning Penalty Provisions) The previous provisions shall govern the application of penalty provisions or administrative fines to the acts committed before this Act enters into force.
(3) (Transitional Measures concerning Committee for Equal Opportunity of Employment) The Committee for Equal Opportunity of Employment that has been established pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Committee for Equal Opportunity of Employment pursuant to this Act.
(4) (Relationships with other Acts) Where the provisions of the Act on the Equal Employment for Both Sexes are cited in other Acts and subordinate statutes as at the time this Act enters into force, and where corresponding provisions thereto exist in this Act, the corresponding provisions herein shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Act No. 7564, May 31, 2005>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2006.
(2) (Applicability to Maternity Leave Benefits, etc.) The amended provisions of Article 18 (1) on maternity leave benefits, etc. shall apply beginning with the first female worker giving birth to a child, miscarrying or having a stillbirth after this Act enters into force.
ADDENDA <Act No. 7822, Dec. 30, 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 Committee for Equal Opportunity of Employment under the previous provisions as at the time this Act enters into force.
(2) Notwithstanding the amended provisions of Articles 26 through 29, the Committee for Equal Opportunity of Employment under the previous provisions shall be deemed to have continued to exist limited to dispute mediation under the provisions of paragraph (1).
Article 3 (Transitional Measures concerning Lenient Requirement for Application for Childcare Leave)
The amended provisions of Article 19 shall apply beginning with an infant born after January 1, 2008.
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8781, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of 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 Act on the Equal Employment for Both Sexes or its provisions are cited in other Acts and subordinate statutes as at the time this Act enters into force, and where corresponding provisions thereto exist in this Act, this Act or the corresponding provisions herein shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9795, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9998, Feb. 4, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Lenient Requirement for Application for Maternity Leave) The amended provisions of Article 19 shall apply to any of the following persons:
1. A worker having an infant who was born after Jan. 1, 2008;
2. A worker having a child who was adopted after Jan. 1, 2008.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11274, Feb. 1, 2012>
Article 1 (Enforcement Date)
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 childcare leave 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 this Act enters into force.
(4) The amended provisions of Article 22-2 shall apply, starting with the first employee who applies for a family care leave after this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 12244, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 17-5 through 17-9 shall enter into force on January 1, 2015.
Article 2 (Applicability concerning Publication of List of Employer Failing to Implement Proactive Employment Improvement Measures)
The amended provisions of Article 17-5 shall apply beginning with the first case where an implementation plan is submitted after this Act enters into force.
Article 3 (Applicability concerning Lenient Requirement for Application for Childcare Leave)
The amended provisions of Article 19 (1) shall apply beginning with a worker who applies for childcare leave after this Act enters into force.
Article 4 Omitted.
ADDENDUM <Act No. 12628, May 20, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13043, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13932, Jan. 28, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15109, Nov. 28, 2017>
This Act shall enter into force six months after the date of its promulgation.