The purpose of this Decree is to prescribe matters regarding personnel management of State public officials of the Executive to deal with sexual harassment or sexual violence committed by and against public officials so as to eliminate sexual harassment and sexual violence within the community of public officials and create a healthy work environment and organizational culture.
The terms used in this Decree are defined as follows:
| Article 3 (Reporting on Occurrence of Sexual Harassment or Violence) |
Upon gaining knowledge of sexual harassment or sexual violence being or having been committed by and against public officials, any State public official of the Executive (hereinafter referred to as “public official”) may report the fact to the appointing authority or recommending authority (hereinafter referred to as “appointing authority, etc.”).
| Article 4 (Investigation to Ascertain Fact) |
| (1) | When receiving a report under Article 3 or learning of an occurrence of sexual harassment or sexual harassment committed by and against public officials, the appointing authority, etc. shall investigate the case to ascertain the fact without delay, or shall notify an investigative authority where he or she deems the investigation is necessary. |
| (2) | The appointing authority, etc. shall ensure that a person who is victimized or claims to be victimized relating to sexual harassment or sexual violence (hereinafter referred to as “victims, etc”) do not to feel sexually uncomfortable and suffer from divulgence of details of the case, personal information, etc. in the course of the investigation under paragraph (1). |
| (3) | Where the appointing authority, etc. deems it necessary to protect the victims, etc. upon their request during the period of investigation under paragraph (1), he or she shall take appropriate measures against the person reported to commit harmful acts related to sexual harassment or sexual violence, including change of work place and recommendation to take a leave for the victims, etc. |
| Article 5 (Protection for Victim or Reporting Person) |
| (1) | When an occurrence of sexual harassment or sexual violence by and against public officials is ascertained as a result of investigation under Article 4 (1), the appointing authority, etc. may take any of the following measures: Provided, That the appointing authority, etc. may not take measures against the wish of the victim: |
| 3. | Change of work place, recommendation to take a leave, and other appropriate measures the appointing authority, etc. deems necessary. |
| (2) | Where a person who makes a report on the occurrence of sexual harassment or sexual violence (hereinafter referred to as “reporting person”) psychologically and/or physically suffers from bullying, assault, or verbal abuse due to the report, the appointing authority, etc. may take measures falling under any subparagraph of paragraph (1): Provided, That he or she may not take measures against the wish of the reporting person. |
| Article 6 (Personnel Action on Assailant) |
Upon ascertaining sexual harassment or sexual violence committed by and against public officials as a result of the investigation under Article 4 (1), the appointing authority, etc. may take measures falling under any of the following: | 2. | Request for a resolution on disciplinary action by the competent disciplinary committee where he or she recognizes aggression falls under the grounds for disciplinary disposition under Article 78 of the State Public Officials Act; |
| 3. | Exclusion from screening for promotion before request for a resolution on disciplinary action under subparagraph 2; |
| 6. | Restriction on assignment to fields of audit, inspection, personnel management, or education and training, etc. |
| Article 7 (Prohibition against Unfavorable Personnel Action to Victim or Reporting Person) |
The appointing authority, etc. shall not take unfavorable personnel actions falling under any of the following against victims, etc. or reporting persons on the basis of occurrence of a violation or reporting:
| 1. | Request for a resolution on disciplinary action and disciplinary disposition, caution or warning under the State Public Officials Act; |
| 2. | Disposition of transference of position, no assignment of duties, or change of position within a department against his or her will; |
| 3. | Unfavorable actions in the screening for promotion; |
| 4. | Unfavorable measures in performance evaluation and payment of performance-based salary or lump-sum bonus; |
| 5. | Restriction on opportunity for education and training; |
| 6. | Other unfavorable personnel action to victims, etc. or reporting persons against their will. |
| Article 8 (Procedures for Handling Complaints of Unfavorable Personnel Action) |
| (1) | Victims, etc. or reporting persons against whom unfavorable personnel actions under any subparagraph of Article 7 are taken relating to an occurrence of sexual harassment or sexual violence may file a complaint with the Minister of Personnel Management, or request consultation or examination on a grievance under Article 76-2 of the State Public Officials Act. |
| (2) | Upon receiving a complaint under paragraph (1), the Minister of Personnel Management may inspect whether unfavorable personnel actions have been taken under Article 17 of the State Public Officials Act or the Regulations on Personnel Audit. In such cases, where a person who is not a victim, etc. files a complaint under paragraph (1), such fact shall be notified to the victim, etc. and whether the unfavorable personnel actions are taken shall be audited after hearing his or her opinions. |
| (3) | Where an inspection is conducted under paragraph (2), the burden of proof that an action against which a complaint is filed does not violate Article 7 shall be put on the appointing authority, etc. |
| (4) | Where the Minister of Personnel Management deems a violation of statutes or improper actions found as a result of the inspection under paragraph (2) are serious and caused by the head of an administrative agency (including a public official in political service who is not the head of an administrative agency; hereafter in this paragraph the same shall apply), he or she may notify the relevant facts to the appointing authority and recommending authority of the head of an administrative agency, and the Minister of Gender Equality and Family. |
| Article 9 (Obligations of Appointing Authority) |
| (1) | The appointing authority, etc. shall endeavor to prevent sexual harassment and sexual violence at all times by providing education or formulating a plan for preventing sexual harassment and sexual violence committed by and against public officials to prevent sexual harassment and sexual violence, and create conditions where public officials can safely work. |
| (2) | The appointing authority, etc. shall take necessary measures for efficient conduct of affairs concerning the reporting on occurrence of sexual harassment or sexual violence under Article 3, including establishment and operation of a call center for reporting sexual harassment or sexual violence. |
| (3) | The appointing authority, etc. shall endeavor to avoid double victimization by preparing plans, etc. such as prohibiting unfavorable personnel actions against the victims, etc. or reporting persons and taking protective measures for them. |
| Article 10 (Prohibition of Secret Divulgence) |
A person who has investigated the occurrence of sexual harassment or sexual violence pursuant to Article 4 (1), who has received the details of the investigation, or who has engaged in the investigation shall not divulge any secret learned in the course of the investigation to others against the will of the victims, etc.: Provided, That this shall not apply when reporting details related to investigation to the appointing authority, etc. or providing necessary information at the request of the relevant agency.
Specific matters necessary for the enforcement of this Decree shall be determined by the Minister of Personnel Management.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.