ENFORCEMENT DECREE OF THE EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT
Wholly Amended by Presidential Decree No. 20803, jun. 5, 2008
Amended by Presidential Decree No. 21547, jun. 19, 2009
Presidential Decree No. 21928, Dec. 30, 2009
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23946, Jul. 10, 2012
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25931, Dec. 30, 2014
Presidential Decree No. 27033, Mar. 8, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28486, Dec. 19, 2017
Presidential Decree No. 28910, May 28, 2018
Presidential Decree No. 30255, Dec. 24, 2019
Presidential Decree No. 30509, Mar. 3, 2020
CHAPTER I GENERAL PROVISIONS
| Article 2 (Scope of Application) |
| (2) | Deleted. <by Presidential Decree No. 28910, May 28, 2018> |
CHAPTER II GUARANTEE OF EQUAL OPPORTUNITIES AND TREATMENT IN EMPLOYMENT OF MEN AND WOMEN
| Article 3 (Sexual Harassment Prevention Education in Workplace) |
| (1) | Each employer shall conduct sexual harassment prevention education in the workplace under Article 13 of the Act at least once a year. |
| (2) | The prevention education under paragraph (1) shall include the following details: |
| 1. | Statutes or regulations concerning sexual harassment in the workplace; |
| 2. | Handling procedures and standards for measures upon the occurrence of sexual harassment in the workplace at the relevant business place; |
| 3. | Grievance counselling and procedures for helping victims of sexual harassment in the workplace at the relevant business place; |
| 4. | Other matters necessary for the prevention of sexual harassment in the workplace. |
| (3) | The prevention education under paragraph (1) may be provided through the worker's training, morning meetings, conferences, cyber education using an information and communications network, such as the Internet, in consideration of the business size or characteristics: Provided, That where it is impracticable to verify whether the education is appropriately delivered to employees because education materials, etc. have been simply distributed or posted, electronic mail thereon has been sent, or such materials have been posted on the bulletin board, the prevention education shall not be deemed provided. |
| (4) | Notwithstanding paragraphs (2) and (3), an employer of any of the following business may conduct sexual harassment prevention education in the workplace by posting or distributing education materials or promotional materials so that employees may know the details provided for in paragraph (2) 1 through 4: <Amended by Presidential Decree No. 25931, Dec. 30, 2014> |
| 1. | Business with a regular workforce of less than 10 employees; |
| 2. | Business for which all employers and employees consist of one gender, male or female. |
| (5) | Where an employer has his or her employees complete training courses containing the details referred to in each subparagraph of paragraph (2), among those recognized under Article 24 of the Act on the Development of Vocational Skills of Workers, it shall be deemed that the prevention education under paragraph (1) has been already conducted for employees who have completed the relevant training courses. |
| Article 4 (Business Required to Formulate and Submit Implementation Plans for Proactive Employment Improvement Measures) |
| (2) | "Business employing more employees than the scale prescribed by Presidential Decree" in Article 17-3 (1) 2 of the Act means any of the following business: <Amended by Presidential Decree No. 28910, May 28, 2018> |
| 2. | In the case of business other than that referred to in subparagraph 1, business with a regular workforce of at least 500 employees. |
| (3) | In applying paragraph (2), the number of a regular workforce shall be calculated by dividing the sum of the monthly average number of employees employed each month in the previous year by the number of months operating in that year. |
<<Enforcement Date>> This Decree shall enter into force on the date according to the following classifications:
| Article 5 (Institutions Entrusted with Evaluation of Performance Results) |
| (1) | "Institution or organization prescribed by Presidential Decree" in Article 17-4 (6) of the Act means research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, or research institutes or corporations designated by the Minister of Employment and Labor from among non-profit corporations established pursuant to Article 32 of the Civil Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Where entrusting the evaluation duties under Article 17-4 (6) of the Act, the Minister of Employment and Labor may assist with the necessary expenses incurred when the entrusted institution performs such duties. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 6 (Grounds for Exception to Publication of List) |
| (1) | “Where any ground prescribed by Presidential Decree exists, including death of an employer and extinction of a business” in the proviso of Article 17-5 (1) of the Act means any of the following: |
| 2. | Closure or extinction of a business place; |
| 3. | Where it is impracticable to carry out an implementation plan under Article 17-3 of the Act (hereinafter referred to as “implementation plan”) for serious administrative reasons, including being subject to a decision to commence rehabilitation procedures, or declaration of bankruptcy under the Debtor Rehabilitation and Bankruptcy Act; |
| 4. | Where an employer is making a practical effort to carry out an implementation plan, including employment of female employees or appointment of female managers (referring to persons in charge of unit department of a business place who plan and command business of the relevant department and supervise and evaluate its members; hereinafter the same shall apply). |
| (2) | When the Minister of Employment and Labor determines whether an employer falls under any subparagraph of paragraph (1), he or she shall undergo a deliberation by the Employment Policy Deliberative Council pursuant to subparagraph 5 of Article 17-8 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 25931, Dec. 30, 2014]
| Article 7 (Details and Method of Publication of List) |
| (1) | Where the Minister of Employment and Labor intends to publish the list pursuant to the main clause of Article 17-5 (1) of the Act, he or she shall notify the fact of determination of publication, the details thereof, etc. in writing to an employer subject to such publication. |
| (2) | The Minister of Employment and Labor shall give an employer a chance to submit explanatory materials or to state his or her opinions for a fixed period of at least 30 days from the day he or she receives the notice pursuant to paragraph (1). |
| 1. | The name of the relevant employer, and the name and address of the business place. In such cases, when the relevant employer is a corporation, it shall refer to the name of the representative thereof and the name and address of the corporation; |
| 2. | The total number of employees, number of female employees and the ratio thereof, total number of managers, number of female managers and the ratio thereof, and employment standards of female employees of the relevant type of business. |
| (4) | Publication pursuant to Article 17-5 (2) of the Act shall be made by posting the list in the Official Gazette or on the website of the Ministry of Employment and Labor for six months. |
[This Article Newly Inserted by Presidential Decree No. 25931, Dec. 30, 2014]
| Article 8 Deleted. <by Presidential Decree No. 21928, Dec. 30, 2009> |
| Article 9 (Institutions Entrusted with Surveys and Research) |
"Persons prescribed by Presidential Decree" in Article 17-9 (2) of the Act means research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, or research institutes or corporations designated by the Minister of Employment and Labor from among non-profit corporations established pursuant to Article 32 of the Civil Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25931, Dec. 30, 2014>
CHAPTER III MATERNITY PROTECTION AND WORK-FAMILY BALANCE ASSISTANCE
| Article 9-2 (Application for Fertility Treatment Leave) |
| (1) | An employee who intends to apply for leave to receive fertility treatment (hereinafter referred to as "fertility treatment leave") under Article 18-3 (1) of the Act shall submit a document (including electronic documents) including the date he or she intends to start fertility treatment leave, the date he or she files an application for fertility treatment leave, etc. to the employer. <Amended by Presidential Decree No. 30255, Dec. 24, 2019> |
| (2) | An employer may request an employee who has applied for fertility treatment leave to submit a document proving that he or she will receive fertility treatment. |
[This Article Newly Inserted by Presidential Decree No. 28910, May 28, 2018]
| Article 10 (Exclusion from Childcare Leave) |
"Cases prescribed by Presidential Decree" in the proviso to Article 19 (1) of the Act means where an application for childcare leave is filed by an employee who has worked in the relevant business for less than six consecutive months as of the date preceding the start date of childcare leave (hereinafter referred to as "scheduled start date of childcare leave"). [This Article Wholly Amended by Presidential Decree No. 30255, Dec. 24, 2019]
| Article 11 (Application for Childcare Leave) |
| (1) | An employee who intends to apply for childcare leave under Article 19 (1) of the Act shall submit, to his or her employer, a written application stating the name and date of birth of the infant or young child to be cared for, the scheduled start date of childcare leave, the end date of childcare leave (hereinafter referred to as "scheduled end date of childcare leave"), the application date for childcare leave, the particulars of the applicant, etc. not later than 30 days prior to the scheduled start date of childcare leave. |
| (2) | Notwithstanding paragraph (1), an application for childcare leave may be filed not later than seven days prior to the scheduled start date of childcare leave in any of the following cases: |
| 1. | Where a child is born before the expected date for delivery; |
| 2. | Where it is impracticable to rear the relevant infant or young child due to the death of the spouse, an injury, disease, physical or mental disability, divorce, etc. |
| (3) | The employer shall designate the start date of childcare leave and grant childcare leave within 30 days from the date of application where the employee has applied for childcare leave after the lapse of the period under paragraph (1), and within seven days from the date of application where the employee has applied for childcare leave after the lapse of the period under paragraph (2). |
| (4) | The employer may request an employee who has applied for childcare leave to submit documents proving the birth, etc. of the relevant child. |
| Article 12 (Modified Application for Childcare Leave) |
| (1) | An employee who has applied for childcare leave may, where grounds falling under any subparagraph of Article 11 (2) have occurred before the scheduled start date of childcare leave, request the employer to change such date to a date earlier than the originally scheduled start date of childcare leave, explaining the grounds therefor. |
| (2) | An employee may, where he or she intends to extend the scheduled end date of childcare leave, do so only once. In such cases, he or she shall file an application therefor with the employer not later than 30 days prior to the originally scheduled end date of childcare leave (where intending to extend the scheduled end date of childcare leave for any ground provided for in Article 11 (2) 2, seven days prior to the originally scheduled end date of childcare leave). |
| Article 13 (Withdrawal of Application for Childcare Leave) |
| (1) | An employee who applies for childcare leave may withdraw the relevant application clarifying the grounds therefor, not later than seven days prior to the scheduled start date of childcare leave. |
| (2) | Where any of the following grounds occurs, before the scheduled start date of childcare leave after an employee applies for it, the application for childcare leave shall be deemed not filed. In such cases, the employee shall, without delay, notify the employer of such fact: |
| 1. | Where the infant or young child dies; |
| 2. | Where the infant or young child is a foster infant or child for whom adoptive relationship has been annulled or dissolved; |
| 3. | Where an employee who has applied for childcare leave has become unable to rear the relevant infant or young child due to an injury, disease, physical or mental disability, divorce, etc. |
| Article 14 (End of Childcare Leave) |
| (1) | An employee on childcare leave shall, where the relevant infant or young child is dead or the employee no longer lives with the infant or young child (limited to where he or she does not contribute to the rearing of an infant or young child), notify an employer of such facts within seven days from the date such ground occurs. <Amended by Presidential Decree No. 30255, Dec. 24, 2019> |
| (2) | Upon receipt of a notice of the facts concerning the death, etc. of the infant or young child from the employee on childcare leave under paragraph (1), the employer shall designate a date to start work within 30 days from the date of receipt of such notice, and notify the relevant employee of such date. |
| (3) | The childcare leave of an employee shall be deemed to end on any of the following dates: |
| 1. | On the date preceding the relevant date to start work, where an employee gives a notice under paragraph (1) and is notified of the date to start work under paragraph (2); |
| 2. | On the date when 30 days elapse from the date of giving a notice under paragraph (1), where an employee gives a notice under paragraph (1) but is not notified of the date to start work under paragraph (2); |
| 3. | On the date when 37 days elapse from the date of the occurrence of grounds such as the death of an infant or young child, where an employee fails to give a notice under paragraph (1). |
| (4) | Where an employee on childcare leave starts to take new childcare leave, maternity leave under Article 74 of the Labor Standards Act, or reduced working hours for a period of childcare under Article 19-2 of the Act (hereinafter referred to as “reduced working hours for a period of childcare”), the childcare leave shall be deemed to end on the date preceding the date the relevant new childcare leave, maternity leave, or reduced working hours for a period of childcare commences. <Amended by Presidential Decree No. 23946, Jul. 10, 2012> |
| Article 15 (Application for Reduced Working Hours for Period of Childcare) |
| (1) | An employee who intends to apply for reduced working hours for a period of childcare under the main clause of Article 19-2 (1) shall submit to, his or her employer, a document (including electronic documents) stating the name and date of birth of a child to rear during reduced working hours for a period of childcare, the scheduled start date of reduced working hours, the end date of reduced working hours for a period of childcare (hereinafter referred to as "scheduled end date of reduced working hours"), the work start time and work end time during reduced working hours for a period of childcare, the date of application for reduced working hours for a period of childcare, the particulars of the applicant, etc. not later than 30 days prior to the scheduled start date of reduced working hours for a period of childcare (hereinafter referred to as "scheduled start date of reduced working hours"). |
| (2) | Where an employee applies for reduced working hours for a period of childcare after the time limit prescribed in paragraph (1), his or her employer shall grant reduced working hours for a period of childcare by designating the start date of the reduced working hours for a period of childcare within 30 days from the application date. |
| (3) | An employer may request an employee who has applied for reduced working hours for a period of childcare under paragraph (1) or (2) to submit a document proving the birth, etc. of the relevant child. |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
| Article 15-2 (Exception to Granting of Reduced Working Hours for Period of Childcare) |
"Cases prescribed by Presidential Decree" in the proviso of Article 19-2 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 30255, Dec. 24, 2019> | 1. | Where an application is filed by an employee who has worked in the relevant business for less than six consecutive months as of the date preceding the scheduled start date of reduced working hours; |
| 2. | Deleted; <by Presidential Decree No. 30255, Dec. 24, 2019> |
| 3. | Where an employer fails to employ a replacement workforce despite his or her endeavor for at least 14 days to employ a replacement workforce after filing a job offering application with an employment security office defined in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as "employment security office"): Provided, That this shall not apply where he or she has rejected employment on at least two occasions without any good reason despite the job placement services provided by the head of an employment security office; |
| 4. | Where it is impracticable to split the working hours of an employee who has applied for reduced working hours for a period of childcare given the nature of the relevant duties or where such reduced working hours for a period of childcare substantially impedes the normal operation of business, which shall be proved by an employer. |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
| Article 15-3 (End of Reduced Working Hours for Period of Childcare) |
| (1) | An employee on reduced working hours for a period of childcare shall, where the relevant infant or young child is dead or the employee no longer lives with the infant or young child (limited to where he or she does not contribute to the rearing of an infant or young child), notify his or her employer of such facts within seven days from the date of the occurrence of such causes. <Amended by Presidential Decree No. 30255, Dec. 24, 2019> |
| (2) | Upon receipt of a notice of facts concerning the death, etc. of the infant or young child from the employee on reduced working hours for a period of childcare under paragraph (1), the employer shall designate a date for his or her return to the same work as before the reduced working hours for a period of childcare within 30 days from the date of receipt of such notice, and notify the relevant employee of such date. |
| (3) | The reduced working hours for a period of childcare of an employee shall be deemed to end on any of the following dates: |
| 1. | On the date preceding the relevant date for returning to the same work as before the reduced working hours for a period of childcare, where an employee gives a notice under paragraph (1) and is notified of the date for returning to the same work as before the reduced working hours for a period of childcare under paragraph (2); |
| 2. | On the date when 30 days elapse from the date of a notice given under paragraph (1), where an employee gives a notice under paragraph (1) but is not notified of the date for returning to the same work as before the reduced working hours for a period of childcare under paragraph (2); |
| 3. | On the date when 37 days elapse from the date of the occurrence of a ground for ending the reduced working hours for a period of childcare such as the death of an infant or young child, where an employee fails to give a notice under paragraph (1). |
| (4) | Where an employee on reduced working hours for a period of childcare starts new reduced working hours for a period of childcare, childcare leave, or maternity leave under Article 74 of the Labor Standards Act, the reduced working hours for a period of childcare shall be deemed to end on the date preceding the start date of such new reduced working hours for a period of childcare, childcare leave, or maternity leave. |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
| Article 15-4 (Application Mutatis Mutandis) |
Articles 12 (2) and 13 shall apply mutatis mutandis to procedures for reduced working hours for a period of childcare under Article 19-2 of the Act. In such cases, “childcare leave” shall be construed as “reduced working hours for a period of childcare”, “scheduled start date of childcare leave” as “scheduled start date of reduced working hours”, and “scheduled end date of childcare leave” as “scheduled end date of reduced working hours”. [This Article Wholly Amended by Presidential Decree No. 23946, Jul. 10, 2012]
| Article 16 (Areas for Preferential Installation of Welfare Facilities) |
Where the State or a local government installs public welfare facilities for female employees under Article 22 (1) of the Act, it shall preferentially install them in an area where female employees are concentrated, such as an industrial complex and agro-industrial zone.
| Article 16-2 (Application for Family Care Leave and Short-Term Family Care Leave) |
| (1) | An employee who intends to apply for family care leave under the main clause of Article 22-2 (1) shall submit, to his or her employer, a document (including electronic documents) stating the name and date of birth of a family member to take care of during the period of family care leave, grounds for care, the scheduled start date of family care leave, the end date of family care leave (hereinafter referred to as "scheduled end date of family care leave"), the application date for family care leave, the particulars of the applicant, etc. not later than 30 days prior to the start date of family care leave (hereinafter referred to as "scheduled start date of family care leave"). |
| (2) | Where an employee applies for family care leave after the time limit prescribed in paragraph (1), his or her employer shall grant family care leave by designating the start date of family care leave within 30 days from the application date. |
| (3) | An employer may request his or her employee who has applied for family care leave to submit a document substantiating the necessity of the employee's family care leave, such as the health condition of the family member in need of care and whether it is possible for any other family member, etc. than the applicant to provide care. |
| (4) | An employee who intends to apply for short-term family care leave under the main clause of Article 22-2 (2) of the Act shall submit, to his or her employer, a document (including electronic documents) stating the date of short-term family care leave, the name and date of birth of a family member to take care of during the short-term family care leave, the application date for family care leave, the particulars of the applicant, etc. <Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019> |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
| Article 16-3 (Exception to Granting of Family Care Leave and Short-Term Family Care Leave) |
| (1) | "Cases prescribed by Presidential Decree" in the proviso of Article 22-2 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 30255, Dec. 24, 2019> |
| 1. | Where an application is filed by an employee who has worked in the relevant business for less than six consecutive months as of the date preceding the scheduled start date of family care leave; |
| 2. | Where any parent, child, spouse, etc. of a family member in need of care, other than an employee who has applied for family care leave to take care of his or her parent, spouse, child, or the parent of his or her spouse, is able to take care of the family member in need of care; |
| 3. | Where, other than an employee who has applied for family care leave to take care of his or her grandparents or grandchildren, the grandparents or grandchildren have their lineal descendant or lineal ascendant: Provided, That this shall not apply where such employee ought to take care of his or her grandparents or grandchildren because their lineal descendant or lineal ascendant is sick, old, disabled, minor, etc.; |
| 4. | Where an employer fails to employ a replacement workforce despite his or her endeavor for at least 14 days to employ a replacement workforce after filing a job offering application with an employment security office: Provided, That this shall not apply where he or she has rejected employment on at least two occasions without any good reason despite the job placement services provided by the head of an employment security office; |
| 5. | Where an employee's family care leave substantially impedes the normal operation of business, which shall be proved by his or her employer. |
| (2) | "Cases prescribed by Presidential Decree, such as where grandparents or grandchildren have lineal descendants or lineal ascendants other than the employee" in the main clause of Article 22-2 (2) of the Act means where, other than an employee who has applied for short-term family care leave to take care of his or her grandparents or grandchildren, the grandparents or grandchildren have their lineal descendant or lineal ascendant: Provided, That this shall not apply where such employee ought to take care of his or her grandparents or grandchildren because their lineal descendant or lineal ascendant is sick, old, disabled, minor, etc. <Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019> |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
| Article 16-4 (Withdrawal of Application for Family Care Leave) |
| (1) | An employee who applies for family care leave may withdraw the application not later than seven days prior to the scheduled start date of family care leave, explaining the grounds therefor. |
| (2) | Where an employee applies for family care leave but the family member in need of care is dead or cured from a disease, etc. before the scheduled start date of family care leave, the application shall be deemed not filed. In such cases, the employee shall notify the employer of such fact without delay. |
[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]
| Article 16-5 (End of Family Care Leave) |
| (1) | Where a family member in need of care is dead or is cured from a disease, etc., an employee on family care leave shall notify his or her employer of such fact within seven days from the date of the occurrence of such ground. |
| (2) | Where an employer is notified pursuant to paragraph (1), he or she shall designate a date to start work and notify the employee thereof within 30 days from the date he or she is notified. |
| (3) | The family care leave of an employee shall be deemed to end on any of the following dates: |
| 1. | On the date preceding the relevant date to start work, where an employee gives a notice pursuant to paragraph (1) and is notified of the date to start work pursuant to paragraph (2); |
| 2. | On the date when 30 days elapse from the date of giving a notice pursuant to paragraph (1), where an employee gives a notice pursuant to paragraph (1) but is not notified of the date to start work pursuant to paragraph (2); |
| 3. | On the date when 37 days elapse from the date of the occurrence of the grounds under paragraph (1), where an employee fails to give a notice pursuant to paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]
| Article 16-6 (Application Mutatis Mutandis) |
Article 12 (2) shall apply mutatis mutandis to procedures for a family care leave under Article 22-2 (1) of the Act. In such cases, "scheduled end date of childcare leave" shall be construed as "scheduled end date of family care leave". <Amended by Presidential Decree No. 30255, Dec. 24, 2019> [This Article Wholly Amended by Presidential Decree No. 23946, Jul. 10, 2012]
| Article 16-7 (Application for Reduced Working Hours for Family Care) |
| (1) | An employee who intends to apply for reduced working hours for family care, etc. pursuant to Article 22-3 (1) of the Act (hereinafter referred to as "reduced working hours for family care, etc.") shall submit, to his or her employer, a document (including electronic documents) stating the grounds for applying for reduced working hours for family care, etc., the scheduled start date of reduced working hours for family care, etc., the end date of reduced working hours for family care, etc. (hereinafter referred to as "scheduled end date of reduced working hours for family care, etc."), the work start time and work end time during the period of reduced working hours for family care, etc., the application date for reduced working hours for family care, etc., the particulars of the applicant, etc. not later than 30 days prior to the start date of reduced working hours for family care, etc. (hereinafter referred to as "scheduled start date of reduced working hours for family care, etc."). |
| (2) | Where an employee applies for reduced working hours for family care, etc. after the lapse of the period prescribed in paragraph (1), the employer shall grant reduced working hours for family care, etc. by designating a date to start reduced working hours for family care, etc. within 30 days from the date of the application. |
| (3) | Where an employee who has applied for reduced working hours for family care, etc. pursuant to paragraphs (1) and (2) is not notified by the employer as to whether the employer grants reduced working hours for family care, etc. within 30 days from the date of the application, it shall be deemed that the employer grants reduced working hours for family care, etc. as requested by the employee. |
| (4) | An employer may request his or her employee who has applied for reduced working hours for family care, etc. pursuant to paragraphs (1) and (2) to submit documents proving the relevant grounds, such as a family member's disease. |
[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]
| Article 16-8 (Exception to Granting of Reduced Working Hours for Family Care) |
"Cases prescribed by Presidential Decree, such as where it is impossible to employ a replacement workforce or where the normal operation of business is significantly impeded" in the proviso, with the exception of the subparagraphs, of Article 22-3 (1) of the Act means any of the following cases: | 1. | Where an application is filed by an employee who has worked in the relevant business for less than six consecutive months as of the date preceding the scheduled start date of reduced working hours for family care, etc.; |
| 2. | Where an employer fails to employ a replacement workforce despite his or her endeavor for at least 14 days to employ a replacement workforce after filing a job offering application with an employment security office: Provided, That this shall not apply where he or she has rejected employment on at least two occasions without any good reason despite the job placement services provided by the head of an employment security office; |
| 3. | Where it is impracticable to split the working hours of an employee who has applied for reduced working hours for family care, etc., given the nature of the relevant duties or where reduced working hours for family care, etc. substantially impedes the normal operation of business, which shall be proved by his or her employer; |
| 4. | where an application is filed by an employee for whom two years have not elapsed since the end date of reduced working hours for family care, etc. |
[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]
| Article 16-9 (Application for Extension of Period of Reduced Working Hours for Family Care) |
| (1) | An employee who intends to extend the period of reduced working hours for family care, etc. shall submit, to his or her employer, a document (including electronic documents) stating the grounds for extending the period of reduced working hours for family care, etc., the originally scheduled end date of reduced working hours for family care, etc., the scheduled end date of reduced working hours for family care, etc. following the extension of the period of reduced working hours for family care, etc., the work start time and work end time during the extended period of reduced working hours for family care, etc., the application date for the extension of the period of reduced working hours for family care, etc., the particulars of the applicant, etc. not later than 30 days prior to the scheduled end date of reduced working hours for family care, etc. |
| (2) | Where an employee applies for the extension of the period of reduced working hours for family care, etc. after the lapse of the period prescribed in paragraph (1), the employer shall grant reduced working hours for family care, etc. by designating an extended period for reduced working hours for family care, etc., within 30 days from the date of the application. |
| (3) | Such extension of the period under paragraphs (1) and (2) shall be limited to one time. |
| (4) | Where an employee who has applied for the extension of the period of reduced working hours for family care, etc. pursuant to paragraphs (1) and (2) is not notified by the employer as to whether the employer grants the extension of the period of reduced working hours for family care, etc. within 30 days from the date of the application, it shall be deemed that the employer grants the extension of the period of reduced working hours for family care, etc. as requested by the employee. |
| (5) | An employer may request his or her employee who has applied for the extension of the period of reduced working hours for family care, etc. pursuant to paragraphs (1) and (2) to submit documents proving the relevant grounds, such as a family member's disease. |
[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]
| Article 16-10 (Withdrawal of Application for Reduced Working Hours for Family Care) |
| (1) | An employee who applies for reduced working hours for family care, etc. may withdraw the application not later than seven days prior to the scheduled start date of reduced working hours for family care, etc., explaining the grounds therefor. |
| (2) | Upon the occurrence of the grounds according to the following classifications, following an application filed by an employee for reduced working hours for family care, etc. before the scheduled start date of reduced working hours for family care, etc., such application shall be deemed not filed. In such cases, the employee shall notify the employer of such fact without delay: |
| 1. | Where an application is filed on the grounds under Article 22-3 (1) 1 of the Act: The relevant family member’s death or cure from a disease, etc.; |
| 3. | Where an application is filed on the grounds under Article 22-3 (1) 3 or 4 of the Act: The cancellation of preparations for retirement or study plans due to circumstantial changes. |
[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]
| Article 16-11 (End of Reduced Working Hours for Family Care) |
| (1) | Upon the occurrence of the grounds according to the following classifications, an employee on reduced working hours for family care, etc., shall notify his or her employer of such fact within seven days from the date of the occurrence of the grounds: |
| 1. | Where he or she takes reduced working hours on the grounds under Article 22-3 (1) 1 of the Act: The relevant family member’s death or cure from a disease, etc.; |
| 2. | Where he or she takes reduced working hours on the grounds under Article 22-3 (1) 2 of the Act: The cure of the relevant disease, injury, etc.; |
| 3. | Where he or she takes reduced working hours on the grounds under Article 22-3 (1) 3 or 4 of the Act: The suspension of preparations for retirement or study due to circumstantial changes. |
| (2) | Where an employer is notified pursuant to paragraph (1), he or she shall designate a date to return to the same work as before the reduced working hours for family care, etc. and notify the employee thereof within 30 days from the date he or she is notified. |
| (3) | The reduced working hours for family care, etc. of an employee shall be deemed to end on any of the following dates: |
| 1. | On the date preceding the date to return to the same work as before the reduced working hours for family care, etc., where an employee gives a notice pursuant to paragraph (1) and is notified of the date to return to the same work as before the reduced working hours for family care, etc. pursuant to paragraph (2); |
| 2. | On the date on when 30 days elapse from the date of giving a notice pursuant to paragraph (1), where an employee gives a notice pursuant to paragraph (1) but is not notified of the date to return to the same work as before the reduced working hours for family care, etc. prescribed in paragraph (2); |
| 3. | On the date on when 37 days elapse from the date of the occurrence of the grounds under each subparagraph of paragraph (1), where an employee fails to give a notice pursuant to paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 30255, Dec. 24, 2019]
| Article 17 (Entrustment of Duties, Such as Surveys and Research for Work-Family Balance Assistance) |
| (1) | Pursuant to Article 22-5 (2) of the Act, the Minister of Employment and Labor may entrust the duties concerning support for the establishment and operation of workplace child care centers under Articles 21 and 21-2 of the Act and concerning the creation of a foundation for work-family balance assistance under Article 22-5 (1) of the Act to any of the following institutions or corporations: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 30255, Dec. 24, 2019> |
| 2. | Research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
CHAPTER IV PREVENTION AND SETTLEMENT OF DISPUTES
| Article 18 (Report on Grievances) |
| (1) | A report on grievances under Article 25 of the Act shall be made orally, in writing, by mail, telephone or fax, via the Internet, etc. |
| (2) | Upon receipt of a report on grievances under paragraph (1), an employer shall, in person, handle such grievances within 10 days from the date of receiving the report, or entrust the handling to the labor-management council established under the Act on the Promotion of Employees' Participation and Cooperation unless there is a compelling reason not to do so. In the former case, he or she shall notify the relevant employee of the results of handling the grievances; in the latter one, of the fact of entrustment. |
| (3) | Each employer shall prepare and keep the ledger of acceptance and handling of grievances, and retain the relevant documents for three years. |
| (4) | The ledger of acceptance and handling of grievances under paragraph (3) shall be prepared and kept by means enabling the electronic processing unless there is any compelling reason to believe that electronic processing is impracticable, and the relevant documents under that paragraph may be prepared and retained by electronic means. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 19 (Types of Retained Documents) |
"Documents prescribed by Presidential Decree" in Article 33 of the Act means the following: <Amended by Presidential Decree No. 28910, May 28, 2018> | 1. | Documents concerning recruitment and employment, wages, money, goods, etc. other than wages, education, assignment, promotion, age limit, retirement, and dismissal under Articles 7 through 11 of the Act; |
| 3. | Documents concerning measures such as disciplinary action against a sexual harassment offender in the workplace under the former part of Article 14 (5) of the Act; |
| 4. | Deleted; <by Presidential Decree No. 21547, Jun. 19, 2009> |
| 7. | Documents concerning applications and granting of reduced working hours for a period of childcare under Articles 19-2 and 19-3 of the Act, and, in the case of refusal of such application, documents concerning the notification of grounds therefor and consultation and those concerning working conditions during the period of reduced working hours for a period of childcare. |
| Article 20 Deleted. <by Presidential Decree No. 25931, Dec. 30, 2014> |
| Article 21 (Delegation and Entrustment of Authority) |
| (1) | Pursuant to Article 36 of the Act, the Minister of Employment and Labor shall delegate the following authority to the heads of regional employment and labor offices: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011> |
| 1. | Designation and cancellation of designation of institutions for sexual harassment prevention education under Article 13-2 of the Act; |
| 2. | Establishment or operation of facilities to promote women’s employment and provision of subsidies for expenses incurred in conducting such business under Article 17 of the Act; |
| 3. | Requests for submission, acceptance of, and requests for supplementation of implementation plans, and acceptance of the current status of male and female employees under Article 17-3 of the Act; |
| 4. | Acceptance of performance results, notification of evaluation outcomes of performance results, and requests for execution of implementation plans under Article 17-4 of the Act; |
| 5. | Assistance, guidance, provision of information, and counseling necessary for the establishment and operation of workplace child care centers under Articles 21 (3) and 21-2 of the Act; |
| 7. | Matters concerning the commissioning and decommissioning of honorary supervisors for equal employment under Article 24 of the Act; |
| 8. | Orders to submit reports and relevant documents, access to business places, inquiry of relevant persons, and inspection of relevant documents under Article 31 of the Act; |
| 1. | Requests for provision of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 31-2 (1) of the Act; |
| Article 21-2 (Processing of Sensitive Information and Personally Identifiable Information) |
The Minister of Employment and Labor (including persons to whom the said Minister’s authority is delegated or entrusted under Article 21) may process the data containing information on health under Article 23 of the Personal Information Protection Act or those containing a resident registration number or an alien registration number under subparagraph 1 or 4 of Article 19 of Enforcement Decree of that Act, if it is unavoidable in performing any of the following affairs: | 1. | Affairs regarding support and guidance necessary for the provision of information on the maternity leave support system and the implementation thereof under Article 18 of the Act; |
| 2. | Affairs regarding support and guidance necessary for the provision of information on the childcare leave system and the implementation thereof under Article 19 of the Act; |
| 3. | Affairs regarding support and guidance necessary for the provision of information on the system of reduced working hours for a period of childcare and the implementation thereof under Articles 19-2 and 19-3 of the Act; |
| 5. | Affairs regarding requests for provision of materials and processing of such materials through the employment insurance network under Article 31-2 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 27033, Mar. 8, 2016]
| Article 21-3 (Re-Examination of Regulation) |
The Minister of Employment and Labor shall examine the appropriateness of the types of retained documents under Article 19 every five years based on January 1, 2020 (referring to the period before January 1 of every fifth year) and shall take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 30509, Mar. 3, 2020> [This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
CHAPTER VI ADMINISTRATIVE FINES
| Article 22 (Standards for Imposition of Administrative Fines) |
| (2) | Deleted. <by Presidential Decree No. 28910, May 28, 2018> |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008: Provided, That the amended provisions of subparagraphs 4 through 6 of the attached Table shall enter into force on June 22, 2009.
Article 2 (Special Case concerning Obligation to Formulate and Submit Implementation Plans for Proactive Employment Improvement Measures)
Article 3 (Transitional Measures concerning Obligation to Formulate and Submit Implementation Plans for Proactive Employment Improvement Measures)
The obligation of public institutions (excluding public institutions falling under Article 2 of these Addenda) to which Articles 17-3 and 17-4 of the Act will apply pursuant to the amended provisions of Article 4 (1), to submit implementation plans for proactive employment improvement measures according to the following category, shall begin to apply from the year prescribed in the relevant category: | 1. | Submission of implementation plans for proactive employment improvement measures to be first submitted pursuant to Article 17-3 (1) of the Act (limited to public institutions whose ratio of employed female employees by job type falls short of the employment standard under Article 17-3 (1) of the Act): 2009; |
| 2. | Submission of current status of male and female employees by job type and by position to be first submitted pursuant to Article 17-3 (2) of the Act: 2009; |
| 3. | Submission of performance results of implementation plans for proactive employment improvement measures to be first submitted pursuant to Article 17-4 (1) of the Act (limited to public institutions whose ratio of employed female employees by job type falls short of the employment standard under Article 17-3 (1) of the Act): 2010. |
Article 4 Omitted.
Article 5 (Relationship to Other Statutes or Regulations)
Where the previous Enforcement Decree of the Act on the Equal Employment for Both Sexes or any provision thereof is cited in other statutes or regulations as at the time this Decree enters into force, if any corresponding provision thereto exists in this Decree, this Decree or the corresponding provisions herein shall be deemed cited in lieu of the previous provisions.
ADDENDUM <Presidential Decree No. 21547, Jun. 19, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 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. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23946, Jul. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012.
Article 2 (Applicability to Applications for Reduced Working Hours for Period of Childcare)
The amended provisions of Article 15 shall begin to apply to applications for reduced working hours for a period of childcare filed on or after the date this Decree enters into force. Article 3 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 25931, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDUM <Presidential Decree No. 27033, Mar. 8, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28486, Dec. 19, 2017>
This Decree shall enter into force on the date according to the following classifications:
ADDENDUM <Presidential Decree No. 28910, May 28, 2018>
This Decree shall enter into force on May 29, 2018: Provided, That the amended provisions of Articles 2 (2) and 4 (2) shall enter into force on January 1, 2019.
ADDENDA <Presidential Decree No. 30255, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16-2 (4) and 16-3 (1) 2 and 3 and (2) shall enter into force on January 1, 2020 and the amended provisions of Article 10 and subparagraph 2 of Article 15-2 shall enter into force on February 28, 2020. Article 2 (Applicability to End of Childcare Leave or Reduced Working Hours for Period of Childcare)
The amended provisions of Article 14 (1) or 15-3 (1) shall also apply to persons on childcare leave or reduced working hours for a period of childcare as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.