ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF CREATION OF FAMILY-FRIENDLY SOCIAL ENVIRONMENT
Presidential Decree No. 20813, jun. 11, 2008
Amended by Presidential Decree No. 21291, Feb. 3, 2009
Presidential Decree No. 22076, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22891, Apr. 6, 2011
Presidential Decree No. 23765, May 1, 2012
Presidential Decree No. 24446, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 27058, Mar. 25, 2016
Presidential Decree No. 28211, Jul. 26, 2017
| Article 2 (Formulation, etc. of Basic Plans) |
The Minister of Gender Equality and Family shall formulate basic plans for the creation of a family-friendly social environment (hereinafter referred to as "basic plan") under Article 5 (1) of the Act on the Promotion of Creation of Family-Friendly Social Environment (hereinafter referred to as the "Act") and notify the heads of relevant central administrative agencies and heads of local governments thereof, without delay. <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012>
| Article 3 (Submission of Annual Implementation Plans and Performance Records) |
| (1) | The Minister of Gender Equality and Family shall prepare guidelines for the heads of relevant central administrative agencies and heads of local governments necessary to formulate implementation plans for the creation of a family-friendly social environment under Article 6 (1) of the Act (hereinafter referred to as "implementation plan") and shall notify heads of relevant central administrative agencies and heads of local governments thereof by November 30 of each year. |
| (2) | The head of a Si/Gun/Gu (referring to heads of autonomous Gus; hereinafter the same shall apply) shall submit the records of promoting the implementation plan of the relevant year and an implementation plan for the following year formulated in accordance with the guidelines referred to in paragraph (1) to the Special Metropolitan City Mayor, the Metropolitan City Mayor, or Do Governor by December 31 of each year. |
| (3) | The heads of relevant central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayor, Do Governor, or the Governor of Special Self-Governing Province shall submit the performance records of implementation plans of the preceding year, and implementation plans of relevant year formulated under the guidelines referred to in paragraph (1) by January 31 of each year, to the Minister of Gender Equality and Family. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or Do Governor shall submit such records and plans along with the implementation plans and performance records submitted by the head of a Si/Gun/Gu under paragraph (2). |
[This Article Wholly Amended by Presidential Decree No. 23765, May 1, 2012]
| Article 4 (Notification of Formulated Implementation Plans) |
The Minister of Gender Equality and Family shall integrate the implementation plans submitted under paragraph (3) and notify the heads of relevant central administrative agencies and heads of local governments of the integrated plans. <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012>
| Article 5 (Evaluation of Performance Records) |
The Minister of Gender Equality and Family shall combine and comprehensively evaluate the performance records submitted by heads of relevant central administrative agencies and heads of local governments under Article 3, and the performance records under the jurisdiction of the Ministry of Gender Equality and Family. In such cases, the Minister of Gender Equality and Family may outsource surveying, analysis, etc., required for efficient evaluation, to specialized institutions. [This Article Wholly Amended by Presidential Decree No. 23765, May 1, 2012]
| Article 6 (Projects for Promoting Creation of Family-Friendly Social Environment) |
"Projects prescribed by Presidential Decree for promoting the creation of a family-friendly social environment" in subparagraph 5 of Article 9 of the Act means the following projects: <Amended by Presidential Decree No. 22076, Mar. 15, 2010> | 1. | Projects concerning research on the creation of a family-friendly social environment; |
| 2. | Other projects determined by the Minister of Gender Equality and Family as necessary for the creation of a family-friendly social environment. |
| Article 7 (Promotion of Creation of Family-Friendly Working Environment in Industrial Complexes) |
"Projects prescribed by Presidential Decree for promoting the creation of a family-friendly working environment in an industrial complex" in subparagraph 3 of Article 12 of the Act means the following projects: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012> | 1. | Excavation and publicity of excellent cases of family-friendly industrial complex; |
| 2. | Support for the creation of a family-friendly culture within an industrial complex; |
| 3. | Other projects deemed by the Minister of Gender Equality and Family or the heads of local governments as necessary for promoting the creation of a family-friendly social environment in an industrial complex. |
| Article 8 (Application for Support for Projects of Creating Family-Friendly Community Environment, etc.) |
| (1) | The head of a local government who intends to receive subsidies for projects for creating a family-friendly community environment under Article 13 of the Act shall file an application with the Minister of Gender Equality and Family along with the following documents by the end of February of the year preceding the year when such project is implemented: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012> |
| 1. | A written business plan for creating a family-friendly community environment; |
| 2. | An economic feasibility report by a specialized institution. |
| (2) | The Minister of Gender Equality and Family in receipt of an application filed under paragraph (1) shall determine as to whether the project is eligible for support by examining the following matters: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012> |
| 1. | Suitability of the plan and schedule for promoting the project for creating a family-friendly community environment; |
| 2. | Appropriateness, excellence, importance, and feasibility of the details of the project for creating a family-friendly community environment; |
| 3. | Ripple effects on the creation of a family-friendly social environment; |
| 4. | Degree of voluntary participation of community members in creating a family-friendly community environment; |
| 5. | Whether the support for the project overlaps with that for other projects; |
| 6. | Local government's securing of its own source of revenue. |
| (3) | When a project is determined eligible for support under paragraph (2), the Minister of Gender Equality and Family may subsidize the relevant community for the project for creating a family-friendly community environment within budgetary limits. <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| (4) | When a project is determined eligible for support under paragraph (2), the Minister of Gender Equality and Family shall notify the head of the relevant local government thereof. <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012> |
| (5) | The Minister of Gender Equality and Family may outsource the evaluation of support projects for the creation of a family-friendly community environment, to specialized institutions. <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| Article 9 (Companies, etc. subject to Measurement of Family-Friendliness Index) |
"Companies, public institutions, etc. prescribed by Presidential Decree" in Article 14 (2) of the Act means the following companies and institutions: <Amended by Presidential Decree No. 21291, Feb. 3, 2009; Presidential Decree No. 23765, May 1, 2012> | 1. | Administrative agencies of the State; |
| Article 10 (Certification of Family-Friendly Companies, etc.) |
| (1) | Any company or public institution (hereinafter referred to as "company, etc.") which intends to obtain certification of family friendliness under Article 15 (1) of the Act (hereinafter referred to as "certification") shall comply with the standards for certification in terms of the subject-matter of examination, such as whether a family-friendly system is implemented, and grading of points for each subject-matter of examination, which are determined and publicly notified by the Minister of Gender Equality and Family: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 22891, Apr. 6, 2011> |
| 1. | through 3. Deleted. <by Presidential Decree No. 22891, Apr. 6, 2011> |
| (2) | Any company, etc. which intends to obtain certification under Article 15 (1) of the Act shall file a written application for certification of family friendliness prescribed by Ordinance of the Ministry of Gender Equality and Family with the Minister of Gender Equality and Family, along with the following documents: Provided, That where a company, etc. which has obtained certification re-applies for certification before the period of validity of certification terminates, the submission of documents confirmed by the Minister of Gender Equality and Family during the period of validity of certification among documents in subparagraphs 1 and 2, may be omitted: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 22891, Apr. 6, 2011> |
| 1. | An outline of system for operating family-friendly management; |
| 2. | Performance records of family-friendly management and internal evaluation results thereof; |
| 3. | Other data concerning the operation of family-friendly management. |
| (3) | Where an application is found to comply with the standards for certification in paragraph (1) as a result of examination under paragraph (2), the Minister of Gender Equality and Family shall issue a written certification of family friendliness prescribed by Ordinance of the Ministry of Gender Equality and Family (hereinafter referred to as "written certification") to the applicant. <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 22891, Apr. 6, 2011> |
| (4) | Where a person in receipt of a written certification falls under any of the following cases, he/she may apply for re-issuance of a written certification by attaching evidential material: |
| 1. | Where a written certification is lost or defaced; |
| 2. | Where any matter stated in a written certification is changed. |
| (5) | Where it is found inappropriate to grant certification after examination under paragraph (3), the Minister of Gender Equality and Family shall inform the applicant thereof by specifying the grounds thereof without delay. <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| (6) | "Public institutions prescribed by Presidential Decree" under Article 15 (7) of the Act means any of the following institutions: <Newly Inserted by Presidential Decree No. 27058, Mar. 25, 2016> |
| 1. | Ministries and agencies referred to in Article 2 (2) of the Government Organization Act, the Board of Audit and Inspection of Korea, the Office for Government Policy Coordination, the National Human Rights Commission of Korea, the Korea Communications Commission, the Fair Trade Commission, the Financial Services Commission, the Anti-Corruption and Civil Rights Commission, and the Nuclear Safety and Security Commission; |
| Article 11 Deleted. <by Presidential Decree No. 22891, Apr. 6, 2011> |
| Article 12 (Establishment, etc. of Family-Friendliness Certification Committee) |
| (1) | In order to deliberate on the following matters concerning certification, a family-friendliness certification committee shall be established under the jurisdiction of the Minister of Gender Equality and Family (hereinafter referred to as the "certification committee"): <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 22891, Apr. 6, 2011> |
| 1. | Review of standards for certification, etc.; |
| 2. | Coordination of examination results of certification and determination of cancellation of certification; |
| 3. | Support measures for certified companies, etc.; |
| 4. | Other matters deemed by the Minister of Gender Equality and Family as necessary. |
| (2) | The certification committee shall be comprised of not more than 15 members, including one chairperson and one vice-chairperson. |
| (3) | The chairperson of the certification committee shall be the Vice Minister of Gender Equality and Family, and the vice-chairperson shall be among the members nominated by the chairperson. <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| (4) | The certification committee members shall be appointed or commissioned by the Minister of Gender Equality and Family from among the following persons: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24446, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 201; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Persons nominated by heads of competent agencies from among public officials belonging to relevant ministries, such as the Ministry of Strategy and Finance, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, the Ministry of SMEs and Startups, and the Ministry of Personnel Management; |
| 2. | Persons with professional experience and knowledge in certification of family-friendliness, management, law, accounting, and protection of workers. |
| (5) | Each member shall hold office for a term of two years and may be appointed for consecutive terms. |
| (6) | The certification committee shall have one secretary to handle its administrative affairs, and the secretary shall be appointed by the Minister of Gender Equality and Family from among the public officials under his/her jurisdiction. <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| Article 13 (Post-Management of Certification) |
In order to ascertain whether certified companies, etc. are in continuous compliance with the standards for certification, the Minister of Gender Equality and Family may investigate the relevant companies, etc. during the period of validity of certification prescribed in Article 17 of the Act. <Amended by Presidential Decree No. 22076, Mar. 15, 2010>
| Article 14 (Application for Designation as Certification Institutions, etc.) |
| (1) | Any person who intends to be designated as an institution certifying family-friendliness (hereinafter referred to as "certification institution") pursuant to Article 16 (1) of the Act, shall comply with the designation standards stated in Annex I. |
| (2) | Any person who intends to be designated as a certification institution under Article 16 (1) of the Act shall file a written application for designation prescribed by Ordinance of the Ministry of Gender Equality and Family with the Minister of Gender Equality and Family along with the following documents: <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| 1. | Articles of incorporation; |
| 2. | A business plan for the conduct of certification business; |
| 3. | Regulation of certification business of family-friendly companies, etc.; |
| 4. | Organizational charts, and documents about organizations in full charge, relating to certification business of family-friendly companies, etc. |
| (3) | Upon receipt of an application for designation as a certification institution under Article 16 (2) of the Act, the Minister of Gender Equality and Family shall prepare a written examination plan and notify the applicant thereof within 15 days from the date of application, and conduct an examination in accordance with the examination plan. <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| (4) | Where a person is found to comply with the designation standards referred to in paragraph (1) as a result of examination under paragraph (3), the Minister of Gender Equality and Family shall designate such person as a certification institution, and issue a certificate of designation prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| Article 15 (Scope of Certification Business) |
| 1. | On-site inspection of companies, etc. which have applied for certification; |
| 2. | Documentary evaluation in accordance with the standards for certification referred to in Article 10 (1). |
| Article 16 (Application, etc. for Designation as Family-Friendliness Support Centers) |
| (1) | Any person who intends to be designated as a family-friendliness support center as referred to in Article 19 (1) of the Act, shall comply with the standards for designation in Annex II. |
| (2) | Any person who intends to be designated as a family-friendliness support center under Article 19 (1) of the Act shall file a written application prescribed by Ordinance of the Ministry of Gender Equality and Family with the Minister of Gender Equality and Family or with the head of the competent local government, along with the following documents: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012> |
| 1. | Articles of incorporation or other agreements equivalent thereto; |
| 3. | Documents concerning the current status of employment of personnel necessary for the conduct of business. |
| (3) | The Minister of Gender Equality and Family or heads of local governments in receipt of an application under paragraph (2), shall prepare an examination plan and inform the applicant thereof within 15 days from the date of application, and conduct an examination in accordance with the examination plan. <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012> |
| (4) | Where a person is found to comply with the designation standards referred to in paragraph (1) after examination under paragraph (3), the Minister of Gender Equality and Family or the head of the competent local government shall designate such person as a family-friendliness support center, and issue a certificate of designation of a family-friendliness support center, which is prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012> |
| (5) | The period for designation of a family-friendliness support center referred to in Article 19 (1) of the Act shall be three years. |
| Article 17 (Operation of Family-Friendliness Support Centers) |
Each family-friendliness support center shall formulate a business plan each year and conduct administrative affairs in accordance with such plan.
| Article 18 (Cancellation of Designation) |
The Minister of Gender Equality and Family or the heads of local governments may cancel designation in any of the following cases: Provided, That in cases of subparagraph 1, he/she shall cancel the designation: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23765, May 1, 2012>
| 1. | Where a family-friendliness support center has been designated by false or other unlawful methods; |
| 2. | Where a family-friendliness support center ceases to meet any of the designation standards in Article 16 (1); |
| 3. | Where a family-friendliness support center fails to conduct any designated duties for at least one month without justifiable grounds. |
| Article 19 (Standards for Imposition of Administrative Fines) |
[This Article Newly Inserted by Presidential Decree No. 23765, May 1, 2012]
ADDENDUM
This Decree shall enter into force on June 15, 2008
ADDENDA <Presidential Decree No. 21291, Feb. 3, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. <Proviso Omitted>
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22891, Apr. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Certification Grades)
Certification grades awarded under the former provisions as at the time this Decree enters into force, shall be effective for the period of validity of the relevant certification.
ADDENDA <Presidential Decree No. 23765, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 2, 2012.
Article 2 (Applicability to Administrative Fines)
| (1) | The amended provisions of Article 19 and Annex III shall apply, commencing from the first administrative fine imposed after this Decree enters into force. |
| (2) | The number of instances of violation under the amended provisions of Annex III shall be counted from the first administrative fine imposed after this Decree enters into force. |
ADDENDA <Presidential Decree No. 24446, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Presidential Decrees amended under Article 5 of Addenda promulgated before this Decree enters into force but the date on which they enter into force has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27058, Mar. 25, 2016>
This Decree shall enter into force on March 28, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended under Article 8 of the Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the dates on which they enter into force have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively.
Articles 2 through 8 Omitted.