CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to realize gender equality in formulation and implementation of policies by providing for basic matters regarding assessment of the impact that policies of the State and local governments have on gender. <Amended by Act No. 15545, Mar. 27, 2018>
The terms used in this Act shall be defined as follows: <Amended by Act No. 15545, Mar. 27, 2018>
| 1. | The term "gender impact assessment" means the assessment that the head of a central administrative agency or the head of a local government shall conduct with regard to the impact that a policy is likely to have on gender equality when the policy is formulated or implemented, hence making the policy contribute to realizing gender equality; |
| 2. | The term "central administrative agency" means a central administrative agency under the Government Organization Act or a central administrative agency established pursuant to any other Act; |
| 3. | The term "local government" means a local government under the Local Autonomy Act or the Office of Education of a Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province. |
| Article 3 (Responsibilities of State) |
| (1) | The State and local governments shall take measures to ensure gender equality in formulating and implementing a policy. |
| (2) | The State and local governments shall endeavor to ensure that the private and public cooperation system is established to enhance the effectiveness of gender impact assessment. <Newly Inserted by Act No. 13178, Feb. 3, 2015; Act No. 15545, Mar. 27, 2018> |
| (3) | The State and local governments shall recognize the importance of gender impact assessment and endeavor to ensure that the procedure provided for in this Act is executed properly and smoothly. <Amended by Act No. 13178, Feb. 3, 2015; Act No. 15545, Mar. 27, 2018> |
| Article 4 (Relationship to Other Statutes) |
Except as otherwise provided in any other statutes, provisions of this Act shall apply to gender impact assessment. <Amended by Act No. 15545, Mar. 27, 2018>
CHAPTER II CONDUCT OF GENDER IMPACT ASSESSMENT
| Article 5 (Matters subject to Gender Impact Assessment) |
| (1) | The head of a central administrative agency or the head of a local government shall conduct gender impact assessment with regard to statutes or regulations (referring to an Act, a Presidential Decree, an Ordinance of the Prime Minister, an Ordinance of a Ministry, or a municipal ordinance or rule of a local government) that he/she intends to enact or amend, or a plan, a project, etc. that is likely to have a significant impact on gender equality (hereinafter referred to as "policy subject to assessment"). In such cases, gender impact assesment shall be conducted with regard to a plan, a project, etc. that the Minister of Gender Equality and Family determines in consultation with the head of a central administrative agency and the head of a local government. <Amended by Act No. 15545, Mar. 27, 2018> |
| (2) | Matters necessary for the criteria and procedure for selecting policies subject to assessment under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 6 (Considerations in Gender Impact Assessment) |
The head of a central administrative agency or the head of a local government shall conduct gender impact assessment and prepare a report on gender impact assessment, taking the following matters into comprehensive consideration: <Amended by Act No. 15545, Mar. 27, 2018>
| 1. | Gender-based statistics categorized by gender; |
| 2. | Gender-based benefit analysis; |
| 3. | A scheme for policy improvement according to the outcomes of gender impact assessment; |
| 4. | Other matters prescribed by Presidential Decree with regard to the guidelines for gender impact assessment. |
| Article 7 (Time to Conduct Gender Impact Assessment) |
The head of a central administrative agency or the head of a local government shall conduct gender impact assessment in the course of formulating or implementing a policy subject to assessment: Provided, That gender impact assessment shall be conducted before the Ministry of Government Legislation examines the bill of a statute, where it is intended to enact or amend a statute within his/her remit. <Amended by Act No. 15545, Mar. 27, 2018>
| Article 8 (Preparation of Report on Gender Impact Assessment) |
| (1) | Where the head of a central administrative agency or the head of a local government completes gender impact assessment, he/she shall prepare a report on gender impact assessment and submit it to the Minister of Gender Equality and Family, as prescribed by Presidential Decree. <Amended by Act No. 15545, Mar. 27, 2018> |
| (2) | The Minister of Gender Equality and Family may request the head of the relevant central administrative agency or the head of the relevant local government to submit necessary materials so as to review the report on gender impact assessment submitted under paragraph (1). In such cases, the head of the relevant central administrative agency or the head of the competent local government in receipt of such request shall comply therewith, except in extenuating circumstances. <Newly Inserted by Act No. 14443, Dec. 20, 2016; Act No. 15545, Mar. 27, 2018> |
| (3) | The Minister of Gender Equality and Family may notify the head of the competent central administrative agency or the head of the competent local government of his/her opinion on the review of the report on gender impact assessment submitted to him/her. <Amended by Act No. 15545, Mar. 27, 2018> |
| Article 9 (Reflection of Outcomes of Gender Impact Assessment) |
| (1) | The head of a central administrative agency or the head of a local government shall reflect the outcomes of gender impact assessment in the relevant policy and shall submit a report on the outcomes thereof to the Minister of Gender Equality and Family every year. <Amended by Act No. 15545, Mar. 27, 2018> |
| (2) | The State and each local government shall reflect the outcomes of gender impact assessment in preparing the gender-sensitive budget and the gender-sensitive fund management plan under the National Finance Act and the Local Finance Act. <Amended by Act No. 13178, Feb. 3, 2015; Act No. 15545, Mar. 27, 2018> |
| Article 10 (Specific Gender Impact Assessment) |
| (1) | The Minister of Gender Equality and Family may conduct specific gender impact assessment of the following: <Amended by Act No. 12530, Mar. 24, 2014; Act No. 15545, Mar. 27, 2018> |
| 1. | Any statute or regulation in force; |
| 2. | Any policy within the remit of a central administrative agency or a local government, which is closely related to improving women’s status, among policies subject to assessment under Article 5; |
| (2) | When the Minister of Gender Equality and Family intends to conduct gender impact assessment under paragraph (1), he/she shall notify the head of the competent central administrative agency, the head of the competent local government, or the head of the competent public institution that he/she plans to conduct gender impact assessment under paragraph (1). In such cases, the head of the competent central administrative agency or the head of the competent local government may omit gender impact assessment of the policy subject to assessment upon receipt of such notice. <Amended by Act No. 15545, Mar. 27, 2018> |
| (3) | The Minister of Gender Equality and Family may request the head of the relevant central administrative agency, the head of the relevant local government, or the head of the relevant public institution to submit necessary materials in order to conduct specific gender impact assessment. In such cases, the head of the agency, government, or institution requested to submit materials shall comply with such request, except in extenuating circumstances. <Newly Inserted by Act. 13178, Feb. 3, 2015; Act No. 15545, Mar. 27, 2018> |
| (4) | Matters necessary for the procedure and method for gender impact assessment under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 14703, Mar. 21, 2017; Act No. 15545, Mar. 27, 2018> |
| Article 10-2 (Specific Gender Impact Assessment by Local Governments) |
| (1) | The head of a local government may conduct specific gender impact assessment of the following: <Amended by Act No. 15545, Mar. 27, 2018> |
| 1. | Any municipal ordinance and municipal rule in force; |
| 2. | Any policy within the remit of local government; |
| 3. | Any project closely related to improving women's status, among projects executed by a local public enterprise under the Local Public Enterprises Act; |
| 4. | Any project closely related to improving women's status, among projects executed by an institution invested or funded under Article 2 (1) of the Act on the Operation of Local Government-Invested or Funded Institutions. |
| (2) | Where the head of a local government has conducted gender impact assessment under paragraph (1), he/she shall reflect the outcomes thereof in the relevant policy, and submit a report on the results of reflecting such outcomes to the Minister of Gender Equality and Family every year. <Amended by Act No. 15545, Mar. 27, 2018> |
| (3) | Matters necessary for the procedure and method for gender impact assessment under paragraph (1) shall be prescribed by municipal ordinance of the relevant local government. <Amended by Act No. 15545, Mar. 27, 2018> |
[This Article Newly Inserted by Act No. 14443, Dec. 20, 2016]
| Article 11 (Recommendation to Improve Policies and Expression of Opinions) |
| (1) | Where the Minister of Gender Equality and Family deems necessary for realizing gender equality as a result of the specific gender impact assessment conducted under Article 10, he/she may recommend the head of the competent central administrative agency, the head of the competent local government, or the head of the competent public institution to improve a statute, regulation, policy, or project (hereinafter referred to as “policy, etc.”), or may express his/her opinion: Provided, That if he/she recommends any improvement in a policy, etc., he/she shall do so by fixing a period for such improvement. <Amended by Act No. 14443, Dec. 20, 2016; Act No. 14703, Mar. 21, 2017; Act No. 15545, Mar. 27, 2018> |
| (2) | Upon receiving a recommendation to improve a policy, etc. or an opinion pursuant to paragraph (1), the head of the competent agency, local government, or public institution shall submit a plan for improvement to the Minister of Gender Equality and Family within 30 days: Provided, That if there exists a justifiable reason not to implement a recommendation or reflect an opinion, he/she shall submit the reason therefor. <Amended by Act No. 14443, Dec. 20, 2016; Act No. 14703, Mar. 21, 2017> |
| (3) | The head of an agency who submits a plan for improving a policy, etc. under paragraph (2) shall submit the results thereof to the Minister of Gender Equality and Family within 30 days from the date the period for improving the policy, etc. ends. <Newly Inserted by Act No. 14703, Mar. 21, 2017> |
| (4) | Matters necessary for recommending improvement, expressing opinions, formulating, implementing, and submitting a plan for improvement, and submitting the results of improvement under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended by Act No. 14443, Dec. 20, 2016; Act No. 14703, Mar. 21, 2017>. |
| Article 12 (Preparation and Submission of Comprehensive Analysis Reports) |
| (1) | The Minister of Gender Equality and Family shall prepare a report that reviews and comprehensively analyzes the results of gender impact assessment by each central administrative agency and each local government and the results of policy improvement (hereafter referred to as “comprehensive analysis report” in this Article) and report it to the State Council at least once a year, and submit it to the National Assembly. <Amended by Act No. 12530, Mar. 24, 2014; Act No. 15545, Mar. 27, 2018> |
| (2) | The Minister of Gender Equality and Family shall make public the comprehensive analysis reports as prescribed by Presidential Decree <Newly Inserted by Act No. 12530, Mar. 24, 2014> |
CHAPTER III SYSTEMS FOR PERFORMANCE OF, AND SUPPORT FOR, GENDER IMPACT ASSESSMENT
| Article 13 (Establishment and Functions of Central Committee on Gender Impact Assessment) |
| (1) | The Minister of Gender Equality and Family shall establish a central committee on gender impact assessment under his/her control (hereafter referred to as the "Central Committee" in this Article) to deliberate on and coordinate matters regarding the operation and improvement of systems for gender impact assessment. <Amended by Act No. 13178, Feb. 3, 2015; Act No. 15545, Mar. 27, 2018> |
| (2) | The Central Committee shall deliberate on and coordinate the following matters: <Amended by Act No. 13178, Feb. 3, 2015; Act No. 15545, Mar. 27, 2018> |
| 1. | Matters regarding the basic direction of gender impact assessment; |
| 2. | Matters regarding the guidelines and methods for gender impact assessment; |
| 3. | Matters regarding the recommendation of policy improvements following the outcomes of gender impact assessment; |
| 3-2. | Matters regarding correlation between the outcomes of gender impact assessment and the gender-sensitive budget or the gender-sensitive fund management plan; |
| 4. | Matters regarding the announcement of outcomes of gender impact assessment; |
| 5. | Other matters deemed necessary by the chairperson to be deliberated on and coordinated by the Central Committee. |
| (3) | Matters necessary for the composition, operation, etc. of the Central Committee shall be prescribed by Presidential Decree. <Amended by Act No. 13178, Feb. 3, 2015> |
| Article 13-2 (Establishment and Functions of Regional Committees on Gender Impact Assessment) |
| (1) | The head of each local government shall establish a regional committee on gender impact assessment under his/her control (hereafter referred to as "Regional Committee" in this Article) to deliberate on and coordinate matters regarding the operation, etc. of systems for gender impact assessment. <Amended by Act No. 15545, Mar. 27, 2018> |
| (2) | Matters necessary for the functions, composition, operation, etc. of Regional Committees shall be prescribed by ordinance of the competent local government. |
[This Article Newly Inserted by Act No. 13178, Feb. 3, 2015]
| Article 14 (Designation and Tasks of Officers Responsible for Gender Impact Assessment) |
| (1) | In order to conduct efficient gender impact assessment, the head of the competent central administrative agency or the head of the competent local government may designate a public official under his/her control as an officer responsible for gender impact assessment who has overall control of the affairs regarding gender impact assessment, and a person in charge. <Amended by Act No. 14443, Dec. 20, 2016; Act No. 15545, Mar. 27, 2018> |
| (2) | The tasks of an officer responsible for gender impact assessment under paragraph (1) shall be as follows: <Newly Inserted by Act No. 13178, Feb. 3, 2015; Act No. 14703, Mar. 21, 2017; Act No. 15545, Mar. 27, 2018> |
| 1. | Matters regarding the selection of policies to be subject to assessment; |
| 2. | Matters regarding conducting gender impact assessment and preparing gender impact assessment reports under Article 6; |
| 3. | Matters regarding reflecting policies resulted from gender impact assessment, gender-sensitive budget, and the gender-sensitive fund management plan under Article 9; |
| 4. | Matters regarding the formulation, implementation, and submission of plans for improvement, and submission of the results of improvement measures under Article 11 (2) and (3); |
| 5. | Matters regarding education for gender impact assessment under Article 15; |
| 6. | Matters regarding gender impact assessment of affiliated agencies, such as integration of and coordination on the execution of gender impact assessment and inspection of the results of performance, and other matters prescribed by Presidential Decree. |
| (3) | Matters necessary for the designation and duties of an officer responsible for gender impact assessment and a person in charge under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 13178, Feb. 3, 2015; Act No. 14443, Dec. 20, 2016; Act No. 15545, Mar. 27, 2018> |
| Article 15 (Education on Gender Impact Assessment) |
| (1) | The head of a central administrative agency or the head of a local government shall conduct educational programs for public officials under his/her control on gender impact assessment in order to ensure the efficient performance of gender impact assessment. <Amended by Act No. 15545, Mar. 27, 2018> |
| (2) | Matters necessary for the scope of persons subject to education on gender impact assessment, frequency of the education, and the submission of the results thereof shall be prescribed by Presidential Decree. <Amended by Act No. 13178, Feb. 3, 2015; Act No. 15545, Mar. 27, 2018> |
| Article 16 (Advice on Gender Impact Assessment) |
| (1) | The Minister of Gender Equality and Family may provide advice to the head of a central administrative agency or the head of a local government with regard to gender impact assessment. <Amended by Act No. 15545, Mar. 27, 2018> |
| (2) | The Minister of Gender Equality and Family may entrust a public or private institution or organization with affairs regarding providing advice under paragraph (1). |
| Article 17 (Gender Impact Assessment Agency) |
| (1) | In order to provide support necessary for gender impact assessment by central administrative agencies and local governments, the Minister of Gender Equality and Family may designate any of the following institutes as a gender impact assessment agency (hereinafter referred to as "assessment agency"): <Amended by Act No. 14443, Dec. 20, 2016; Act No. 15545, Mar. 27, 2018> |
| 1. | A national or public research institute; |
| 3. | A government-funded research institute under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| (2) | Matters necessary for the functions of an assessment agency, the criteria and conditions for the designation of such agency shall be prescribed by Presidential Decree. |
| Article 18 (Collection and Dissemination of Information on Gender Impact Assessment and Training of Professional Human Resources) |
| (1) | In order to enhance expertise in gender impact assessment, the Minister of Gender Equality and Family shall collect and disseminate information related to gender impact assessment and shall prepare a scheme for training human resources specializing in gender impact assessment. <Amended by Act No. 15545, Mar. 27, 2018> |
| (2) | In order to collect and disseminate information related to gender impact assessment under paragraph (1), the Minister of Gender Equality and Family shall establish and operate a system for providing information related to gender impact assessment. <Amended by Act No. 15545, Mar. 27, 2018> |
| (3) | Matters necessary to establish and operate the system for providing information under paragraph (2) shall be prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Gender Impact Analysis and Assessment Agency)
An agency assisting in the analysis and assessment of policies pursuant to the Framework Act on Women's Development as at the time this Act enters into force shall be deemed the gender impact analysis and assessment agency under this Act.
ADDENDUM <Act No. 12530, Mar. 24, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13178, Feb. 3, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14443, Dec. 20, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14703, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15545, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationships with Other Statutes and Regulations)