FRAMEWORK ACT ON GENDER EQUALITY
Wholly Amended by Act No. 12698, May 28, 2014
Amended by Act No. 12844, Nov. 19, 2014
Act No. 13369, jun. 22, 2015
Act No. 14444, Dec. 20, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15206, Dec. 12, 2017
Act No. 15545, Mar. 27, 2018
Act No. 15985, Dec. 18, 2018
Act No. 16623, Nov. 26, 2019
Act No. 17284, May 19, 2020
Act No. 17896, Jan. 12, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to realize gender equality in all areas such as politics, economy, society, and culture by providing for basic matters with regard to the obligations, etc., of the State and local governments to implement the principle of gender equality under the Constitution of the Republic of Korea.
| Article 2 (Basic Principle) |
The underlying principle of this Act is to achieve a de facto gender-equal society by rectifying and eliminating gender-discriminatory mindsets and practices based upon human dignity and respect for human rights and by sharing equal responsibilities and rights between women and men in all areas through equal participation and treatment.
The definitions of terms used in this Act are defined as follows:
| 1. | The term "gender equality" means a state that ensures the equal enjoyment of human rights and equal participation and treatment in all areas, without any gender-based discrimination, prejudice, depreciation, or violence; |
| 2. | The term "sexual harassment" means a case in which any employee, employer, or worker of a State agency, local government, or public organization prescribed by Presidential Decree (hereinafter referred to as "State agency, etc.") commits any of the following offenses in terms of duties, employment, and other relations: |
| (a) | Making the other party feel sexual humiliation or aversion with verbal or physical behavior of a sexual nature, sexual demand, etc., utilizing his or her position or in relation with his or her duties, etc.; |
| (b) | Expressing one's intention to put the other party at a disadvantage on grounds of not complying with any verbal or physical behavior of a sexual nature or other demands or to grant him or her any benefit on condition of complying therewith; |
| 3. | The term "employer" means a business owner, a person in charge of operating business, or any other person who performs affairs with regard to matters related to workers for and on behalf of a business owner. |
| Article 4 (Rights and Duties of Citizens) |
| (1) | All citizens are entitled to the right to receive gender-equal treatment in all areas including family and society and live a gender-equal life. |
| (2) | All citizens shall recognize the importance of gender equality and strive for the realization thereof. |
| Article 5 (Responsibilities of the State) |
| (1) | A State agency, etc., shall strive for the realization of gender equality. |
| (2) | The State and local governments are obliged to prepare legal and institutional systems necessary for the realization of gender equality and to secure financial resources therefor. |
| Article 6 (Relationship to Other Statutes) |
When any statutes pertaining to gender equality are enacted or amended, such enactment or amendment shall conform to the purpose and basic principle of this Act.
CHAPTER II MASTER PLANS FOR GENDER EQUALITY POLICIES AND SYSTEM FOR PROMOTION THEREOF
SECTION 1 Formulation of Master Plans for Gender Equality Policies
| Article 7 (Formulation of Master Plans for Gender Equality Policies) |
| (1) | The Minister of Gender Equality and Family shall formulate a master plan for gender equality policies (hereinafter referred to as "master plan") every five years. |
| (2) | Each master plan shall include the matters falling under each of the following subparagraphs: |
| 1. | Basic objectives and directions of gender equality policies; |
| 2. | Tasks and methods to pursue gender equality policies; |
| 3. | Measures for securing and managing financial resources for promoting gender equality policies; |
| 4. | Other matters prescribed by Presidential Decree as necessary for gender equality policies. |
| (3) | In formulating a master plan, the Minister of Gender Equality and Family shall consult with the heads of relevant central administrative agencies in advance. |
| (4) | In formulating a master plan, the Minister of Gender Equality and Family shall utilize the national gender equality index developed under Article 19. <Newly Inserted on Jun. 22, 2015> |
| (5) | A master plan shall be finalized after deliberation by the Gender Equality Committee established under Article 11. In such cases, the Minister of Gender Equality and Family shall notify the finalized master plan to the head of the relevant central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"). <Amended on Jun. 22, 2015> |
| (6) | Other matters necessary for the formulation, modification, etc., of a master plan shall be prescribed by Presidential Decree. <Amended on Jun. 22, 2015> |
| Article 8 (Formulation of Annual Action Plan) |
| (1) | The head of a central administrative agency and the Mayor/Do Governor shall respectively formulate and implement annual action plans according to the master plan (hereinafter referred to as "action plans"). |
| (2) | Each year, the head of a central administrative agency and the Mayor/Do Governor shall respectively submit action plans for the relevant year and the results of implementation for the previous year to the Minister of Gender Equality and Family, as prescribed by Presidential Decree, and the Minister of Gender Equality and Family may request the head of a central administrative agency and the Mayor/Do Governor to adjust their action plan after examining the action plan submitted. |
| (3) | The Minister of Gender Equality and Family shall comprehensively evaluate the results of implementation submitted under paragraph (2). In such cases, the Minister of Gender Equality and Family may request a specialized agency to conduct examinations, analysis, etc., necessary for the evaluation. |
| (4) | Other matters necessary for the formulation and implementation of an action plan, the evaluation of implementation results, etc., shall be prescribed by Presidential Decree. |
| Article 9 (Cooperation in Developing and Implementing Plans) |
| (1) | The Minister of Gender Equality and Family shall request cooperation from the heads of relevant central administrative agencies, local governments, or public institutions (referring to public institutions under Article 4 (1) of the Act on the Management of Public Institutions; hereinafter the same shall apply), if necessary for the purpose of formulating and implementing a master plan and action plan. <Amended on Jan. 12, 2021> |
| (2) | If necessary for formulating and implementing action plans, the head of a central administrative agency and the Mayor/Do Governor may request cooperation from the heads of the relevant central administrative agencies, local governments and public institutions, non-profit corporations, non-profit civil organizations, relevant professionals, etc. |
| (3) | A person in receipt of a request for cooperation under paragraph (1) shall comply with such request, unless there is a compelling reason not to do so. |
| Article 10 (Fact-Finding Survey on Gender Equality) |
| (1) | For formulating, etc., a master plan, the Minister of Gender Equality and Family shall conduct a fact-finding survey on gender equality every five years and may publish the findings thereof. |
| (2) | Necessary matters relating to the content, methods, etc., of a fact-finding survey on gender equality under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Minister of Gender Equality and Family shall take necessary measures to ensure that citizens make easier access to the information on gender equality and make daily use thereof. |
SECTION 2 System for Promoting Policies on Gender Equality
| Article 11 (Gender Equality Council) |
| (1) | There is hereby established a Gender Equality Council (hereinafter referred to as the "Council") under the Prime Minister to deliberate on and coordinate major matters regarding gender equality. |
| (2) | The Council shall deliberate on and coordinate the following matters: <Amended on Dec. 12, 2017> |
| 1. | Matters regarding master plans and action plans; |
| 2. | Matters regarding the inspection of results of implementing gender equality policies such as action plans; |
| 3. | Matters regarding the coordination of and cooperation in projects related to gender equality policies; |
| 4. | Matters regarding gender mainstreaming, such as evaluating gender equality policies and improving relevant systems; |
| 5. | Matters regarding the national gender equality index under Article 19; |
| 6. | Matters regarding inspection on the implementation of gender-related international treaties that the Republic of Korea has entered into, such as the Convention on the Elimination of All Forms of Discrimination against Women; |
| 7. | Matters regarding the evaluation and improvement measures of the implementation of the National Action Plan formulated in accordance with United Nations Security Council Resolution 1325 on women, peace and security; |
| 8. | Other matters prescribed by Presidential Decree as necessary for the gender equality policies. |
| (3) | The Council shall be comprised of not more than 30 members, including one chairperson and one vice chairperson. |
| (4) | The Prime Minister shall become the chairperson of the Council, the Minister of Gender Equality and Family shall become the vice chairperson, and the following persons shall become the members: |
| 1. | The heads of relevant central administrative agencies prescribed by Presidential Decree and the heads of agencies equivalent thereto; |
| 2. | Persons with abundant professional knowledge and experience in gender equality, who are commissioned by the Prime Minister. |
| (5) | Other matters necessary for organizing, operating, etc., the Council shall be prescribed by Presidential Decree. |
| Article 11-2 (City/Do Gender Equality Council) |
The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") may establish a Gender Equality Council (hereinafter referred to as a "City/Do Council") to deliberate on and coordinate major matters regarding gender equality policies of the relevant City/Do as prescribed by municipal ordinance: Provided, That where any other committee exists suitable for performing the functions of a City/Do Council, such committee may perform the functions of the City/Do Council on its behalf, or operate on its own behalf while also performing functions of the City/Do Council, as prescribed by ordinance of the relevant local government.
[This Article Newly Inserted on May 19, 2020]
| Article 12 (Working Committee on Gender Equality) |
| (1) | There is hereby established a working committee on gender equality under the Gender Equality Council (hereinafter referred to as the "working committee"), with the Vice Minister of Gender Equality and Family as its chairperson, to conduct prior review of the matters referred to in the subparagraphs of Article 11 (2) and to deal with the matters delegated by the Gender Equality Council. |
| (2) | Subcommittees may be established to ensure the professional review of matters under the jurisdiction of the Gender Equality Council. |
| (3) | Matters necessary for the organization, operation, etc., of a working committee and subcommittees shall be prescribed by Presidential Decree. |
| Article 13 (Designation of Officials in Charge of Gender Equality) |
| (1) | The head of a central administrative agency and the Mayor/Do Governor shall designate an official in charge of gender equality from among public officials under his or her supervision and shall appoint necessary professional personnel dedicated to gender equality to efficiently formulate and implement the gender equality policies of the relevant agency. |
| (2) | Matters necessary for the designation of officials in charge of gender equality and dedicated professional personnel, and their duties, etc., under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER III BASIC MEASURES OF GENDER EQUALITY POLICIES
SECTION 1 Promotion of Gender Equality Policies
| Article 14 (Measures for Gender Mainstreaming) |
| (1) | The State and local governments shall take measures for gender mainstreaming through which perspectives on gender equality can be integrated in the course of enacting, amending, applying, and interpreting any statutes or regulations; planning policies; compiling and implementing budgets; and performing duties in accordance with statutes or regulations. |
| (2) | The State and local governments shall proactively develop various methods and tools to improve the effectiveness of measures for gender mainstreaming. |
| Article 15 (Gender Impact Assessment) |
| (1) | The State and local governments shall assess the potential impact on gender equality of statutes or regulations (referring to statutes, Presidential Decrees, Ordinances of the Prime Minister, ministerial ordinances, or municipal ordinances and rules), of which enactment or amendment is planned, and the plans, projects, etc., which may have a significant impact on gender equality (hereafter in this Article, referred to as "gender impact assessment"). <Amended on Mar. 27, 2018> |
| (2) | Matters necessary for the subject matter, methods, timing, etc., of gender impact assessment shall be separately prescribed by statutes. <Amended on Mar. 27, 2018> |
[Title Amended on Mar. 27, 2018]
| Article 16 (Gender Responsive Budgeting) |
| (1) | The State and local governments shall analyze the impact of budget on women and men as prescribed by the relevant statutes and implement gender responsive budgeting which reflects such impact in the financial operation of the State and local governments. |
| (2) | After consultations with the Minister of Economy and Finance and the Minister of the Interior and Safety, the Minister of Gender Equality and Family may propose standards required for gender responsive budgeting under paragraph (1), provide consulting and advice, provide education and training, etc. In such cases, the Minister of Gender Equality and Family shall utilize the national gender equality index and the regional gender equality index, etc. <Amended on Nov. 19, 2014; Jun. 22, 2015; Jul. 26, 2017> |
| Article 17 (Gender Responsive Statistics) |
| (1) | Where the State, local governments, and public institutions compile population statistics, they shall differentiate between genders in the statistics (hereafter in this Article, referred to as "gender responsive statistics") that provide information on the current conditions and characteristics of each gender, and shall distribute them to the agencies concerned. <Amended on Jan. 12, 2021> |
| (2) | After consultations with the heads of the relevant agencies including the Commissioner of the Statistics Korea, the Minister of Gender Equality and Family may provide necessary support, including development and calculation of gender responsive statistics, provision of consulting and advice, and education and training. |
| Article 18 (Gender Responsive Education) |
| (1) | The State and local governments shall provide education to all of their public officials, etc., to increase their ability to recognize impacts of statutes or regulations, policies, customs, all types of systems, etc., on men and women in all areas of society (hereinafter referred to as "gender responsive education"). <Amended on Dec. 18, 2018> |
| (2) | The State and local governments may entrust gender responsive education to the Korean Institute for Gender Equality Promotion and Education or any relevant specialized agency prescribed by Presidential Decree. |
| (3) | Matters necessary for the details, methods, etc. of gender responsive education shall be prescribed by Presidential Decree. <Amended on Dec. 18, 2018> |
| Article 19 (National Gender Equality Index) |
| (1) | To make possible quantitative measurements of the national level of gender equality, the Minister of Gender Equality and Family shall develop and disseminate national gender equality indicators in which the degree of gender-equal participation in society, awareness and culture of gender equality, women's rights and welfare, etc., are included. |
| (2) | The Minister of Gender Equality and Family shall annually examine and publish the national gender equality index, which is developed to indicate the degree of national gender equality by utilizing the national gender equality indicators referred to in paragraph (1). |
| (3) | The Minister of Gender Equality and Family shall develop and disseminate regional gender equality indicators in which regional characteristics are reflected based on the national gender equality indicators referred to in paragraph (1), and shall annually examine and publish the regional gender equality index, which is developed to indicate the degree of regional gender equality by utilizing the regional gender equality indicators. |
| (4) | The Minister of Gender Equality and Family may request the heads of the relevant agencies to prepare measures to improve the indicators showing low level of gender equality as a result of the examination of the national gender equality index and the regional gender equality index, when formulating an action plan under Article 8 (2). <Newly Inserted on Jun. 22, 2015> |
| (5) | The Minister of Gender Equality and Family shall take necessary measures to make the statistical information, characteristics, etc., of each indicator comprising the national gender equality index and the regional gender equality index under paragraphs (2) and (3) available in a convenient way for the general public. <Newly Inserted on Jun. 22, 2015> |
| (6) | Necessary matters relating to the national gender equality index under paragraph (2), the content, methods of examination and publication of the regional gender equality index under paragraph (3), the provision of information under paragraph (5), etc., shall be prescribed by Presidential Decree. <Amended on Jun. 22, 2015> |
SECTION 2 Gender-Equal Participation
| Article 20 (Proactive Measures) |
| (1) | To increase participation of a particular gender within a reasonable extent in the fields where the participation of such gender is significantly low due to discrimination, the State and local governments shall strive to take proactive measures as prescribed by the relevant statutes or regulations. |
| (2) | The Minister of Gender Equality and Family shall recommend the heads of State agencies and local governments to take proactive measures under paragraph (1) and inspect the results of implementation thereof. |
| (3) | The Minister of Gender Equality and Family may investigate a public institution and a corporation which shall submit its business report under Article 159 (1) of the Financial Investment Services and Capital Markets Act to identify the current status of the number of its executive officers, salaries, etc. by gender and may publish the results thereof every year. <Newly Inserted on Mar. 2, 2018; Jan. 12, 2021> |
| (4) | The Minister of Gender Equality and Family may request the heads of relevant central administrative agencies or the heads of other related agencies to provide materials necessary to investigate the current status of the number of executive officers, salaries, etc. by gender under paragraph (3). <Newly Inserted on Mar. 2, 2018> |
| (5) | The head of an agency in receipt of a request for providing materials under paragraph (4), shall comply with such request, unless there is a compelling reason not to do so. <Newly Inserted on Mar. 2, 2018> |
[Title Amended on Mar. 2, 2018]
| Article 21 (Participation in Policy-Making Processes) |
| (1) | The State and local governments shall prepare policies for equal participation of women and men in policy-making processes. |
| (2) | In organizing various committees (referring to any collegiate committees such as committees, commissions, and councils, regardless of their names, comprised of several constituent members to respond to requests for consulting, or to make coordination, consultations, or resolutions, on the affairs under the jurisdiction of an administrative agency; hereinafter the same shall apply), the State and local governments shall ensure that any particular gender does not exceed 6/10 of the number of members commissioned: Provided, That this shall not apply where any unavoidable cause, such as lack of professional workforce of a particular gender in the relevant field, is deemed to exist, and the following committees adopt a resolution thereon: <Amended on May 19, 2020> |
| 1. | A committee formed by the State and a City/Do: A working committee; |
| 2. | A committee formed by a Si/Gun/Gu: A City/Do committee. |
| (3) | The State and local governments shall submit the annual state of participation of each gender in committees to the Minister of Gender Equality and Family, and the Minister of Gender Equality and Family may publish such state of participation of each gender in committees and make recommendations to improve the situation. |
| (4) | To ensure the equal appointment of women and men to administrative positions, the State and local governments shall implement mid-to long-term policies, etc., which include the annual target of appointment to each agency (hereafter in this Article, referred to as "administrative position target system"), in consideration of the following matters: <Amended on Mar. 2, 2018> |
| 1. | The current status of male and female employees by job type, job grade, and employment type; |
| 2. | The current status of the ratio of males to females in administrative positions; |
| 3. | The current status of the length of service for male and female employees; |
| 4. | The ratio of males to females in promotion, among those to be promoted; |
| 5. | The annual objective for appointing males and females in administrative positions and timing of achieving such objective. |
| (5) | The heads of public agencies shall implement the administrative position target system, etc., and strive for the equal appointment of women and men to the executives positions of the relevant agencies. |
| Article 22 (Access to Public Positions) |
| (1) | The State and local governments shall prepare policies for the equal access of women and men to public positions. |
| (2) | The State and local governments shall provide equal opportunities to women and men in employment, assignment to positions, promotion, rewards, education, training, etc., of public officials. |
| Article 23 (Participation in Politics) |
The State and local governments shall strive to prepare policies to support the equal participation of women and men in political affairs.
| Article 24 (Participation in Economic Activities) |
| (1) | The State and local governments shall ensure that gender equality is achieved in the field of employment, such as recruitment, hiring, wage, education and training, promotion, retirement, etc., of workers, as prescribed by relevant statutes. <Amended on Dec. 20, 2016> |
| (2) | State agencies, etc., and employers shall take necessary measures for the creation of gender-equal working conditions in the workplace. |
| (3) | State agencies, etc., and employers shall strive to ensure that the qualities and capabilities of women can be fairly evaluated in personnel management, such as promotion and transfer, without discrimination on the ground of gender. <Newly Inserted on Mar. 2, 2018> |
| (4) | State agencies, etc., and employers shall strive to ensure that women’s career may not be discontinued on the grounds of pregnancy, childbirth, child rearing, etc. <Amended on Mar. 2, 2018> |
| (5) | The State and local governments shall provide administrative and financial assistance as well as other necessary measures to encourage the participation of career-discontinued women, etc., in economic activities, as prescribed by the relevant statutes. <Amended on Mar. 2, 2018> |
| (6) | The Minister of Gender Equality and Family may regularly examine and research discriminatory matters on the grounds of gender in the recruitment, hiring, wage, etc., of workers of State agencies, etc., and employers, and may request the related agencies including the Ministry of Employment and Labor to improve statutes or regulations, systems, policies, etc., if deemed necessary. <Newly Inserted on Dec. 20, 2016; Mar. 2, 2018> |
| Article 25 (Guarantee of Rights of Maternity and Paternity) |
| (1) | State agencies, etc., and employers shall guarantee maternal and paternal rights in respect of pregnancy, childbirth, breast feeding, and child rearing, and shall not put them at a disadvantage at home, in the workplace, or local communities on such grounds. |
| (2) | The State and local governments shall gradually increase social budgets for the financial costs of guarantee, etc., of maternal and paternal rights under paragraph (1) through national finance or social insurance, etc., under the Framework Act on Social Security. |
| Article 26 (Support for Work-Family Balance) |
| (1) | State agencies, etc., and employers shall strive to prepare conditions for harmonious balance between work and family life. |
| (2) | To support the balance between work and family life, the State and local governments shall prepare measures for the expansion of high-quality childcare services, including care for infants and toddlers, infantile education, after-school childcare, and home-visiting childcare, the expansion of maternity leave and childcare leave, and the encouragement of employment and operation of substitute workers, creation of family-friendly social environment, etc. |
| Article 27 (Development of Woman Resource) |
| (1) | The State and local governments shall prepare policies for the development of woman resource to achieve a gender-equal society. |
| (2) | Details of the policies under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 28 (Management and Fostering of Female Talents) |
| (1) | For the purpose of achieving a gender-equal society, the Minister of Gender Equality and Family may collect and manage information on female talents with certain qualifications in the public and private sectors (hereafter in this Article, referred to as "female talents") to support the fostering of female talents and the expansion of their social participation. |
| (2) | Articles 19-3 (2) through (5) of the State Public Officials Act shall apply mutatis mutandis to matters concerning the collection, management, etc., of information on female talents. In such cases, "the Minister of Personnel Management" shall be construed as "the Minister of Gender Equality and Family". <Amended on Jul. 26, 2017> |
| (3) | Necessary matters relating to the scope of information to be collected and procedures for collecting information under paragraphs (1) and (2) and the utilization and protection of the collected information, and other relevant matters shall be prescribed by Presidential Decree. |
| (4) | The Minister of Gender Equality and Family shall strive to nurture female talents, and may operate programs to enhance women's capabilities as managers. |
SECTION 3 Protection of Human Rights and Promotion of Welfare
| Article 29 (Prohibition of Gender Discrimination) |
The State and local governments shall strive to prepare policies for the prevention of gender discrimination, as prescribed by the relevant statutes.
| Article 30 (Prevention of Crimes of Sexual Violence, Domestic Violence, Commercial Sex Acts, and Sexual Harassment) |
| (1) | The State and local governments shall prevent crimes of sexual violence, domestic violence, and commercial sex acts as well as sexual harassment and protect victims as prescribed by the relevant statutes, and shall prepare policies necessary therefor. |
| (2) | The State and local governments shall provide education to prevent crimes of sexual violence, domestic violence, and commercial sex acts as prescribed by the relevant statutes, and may integrate each relevant education course and education for the prevention of sexual harassment under Article 31 from a gender equality perspective. |
| (3) | The State and local governments shall develop policies necessary to offer counseling to the victims of sexual violence, domestic violence, commercial sex acts, or sexual harassment and to correct offenders as prescribed by the relevant statutes. |
| Article 31 (Preventive Measures Such as Education for Prevention of Sexual Harassment) |
| (1) | The heads of State agencies, etc. and employers shall conduct education for the prevention of sexual harassment, prepare their own guidelines for prevention, formulate and implement measures to prevent the reoccurrence of sexual harassment, if any, or take other necessary measures for the prevention of sexual harassment, as prescribed by Presidential Decree, and the heads of State agencies, etc. shall submit the results of the measures to the Minister of Gender Equality and Family and the head of the competent authorities. <Amended on Dec. 18, 2018> |
| (2) | The Minister of Gender Equality and Family shall conduct an annual inspection of measures taken by State agencies, etc., for the prevention of sexual harassment under paragraph (1), as prescribed by Presidential Decree. |
| (3) | For the State agencies, etc., whose measures for the prevention of sexual harassment are deemed to be insufficient as the result of an inspection conducted under paragraph (2), the Minister of Gender Equality and Family shall take necessary measures such as special education for managers thereof, as prescribed by Presidential Decree, and the heads of State agencies, etc., whose measures for the prevention of sexual harassment are deemed insufficient, shall submit a plan to improve measures for the prevention of sexual harassment under paragraph (2) to the Minister of Gender Equality and Family, as prescribed by Presidential Decree. . <Amended on Dec. 18, 2018> |
| (4) | The Minister of Gender Equality and Family shall publish the results of an inspection of measures taken by State agencies, etc. for the prevention of sexual harassment, conducted under paragraph (2) through media, etc.: Provided, That the foregoing shall not apply where other statutes restrict such publication. |
| (5) | Where any of the following facts is verified by the National Human Rights Commission of Korea or an institution prescribed by Presidential Decree, the Minister of Gender Equality and Family may request the head of a State agency, etc., to which the relevant person belongs to take disciplinary action: |
| 1. | Concealment of a sexual harassment case by a State agency, etc.; |
| 2. | Occurrence of any additional damage to the right to learn, right to work, etc., of a victim in the course of grievance settlement, provision of aids or similar by a State agency, etc., in connection with sexual harassment. |
| (6) | The Minister of Gender Equality and Family may request the head of the relevant agency or organization to reflect the results of an inspection of measures for the prevention of sexual harassment taken by State agencies, etc., under paragraph (2) and the facts confirmed under paragraph (5) in the following evaluations: <Amended on Jun. 22, 2015> |
| (7) | Matters necessary for the measures for prevention of sexual harassment under paragraph (1), such as the details and methods of education for prevention of sexual harassment, the standards for State agencies, etc. whose measures for the prevention of sexual harassment are deemed insufficient under paragraph (3), and the methods, procedures, etc. for requesting disciplinary action, etc. under paragraph (5) shall be prescribed by Presidential Decree. <Amended on Dec. 18, 2018> |
| Article 32 (Fact-Finding Survey on Sexual Harassment) |
| (1) | The Minister of Gender Equality and Family shall conduct a fact-finding survey on sexual harassment every three years and announce the findings thereof, and shall utilize them as basic data for formulating polices to prevent sexual harassment. |
| (2) | Necessary matters relating to the content, methods, etc., of fact-finding survey on sexual harassment under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 33 (Promotion of Welfare) |
| (1) | The State and local governments shall develop policies to meet the demands of women’s welfare by region, age, etc. |
| (2) | The State and local governments shall take measures necessary to promote the welfare of women from vulnerable social groups including persons with disabilities, single parents, residents who have escaped from North Korea, international marriage immigrants, etc., and other women in need of protection, as prescribed by the relevant statutes. |
| Article 34 (Promotion of Health) |
| (1) | The State and local governments shall strive to guarantee gender-equitable access to health and medical services. |
| (2) | The State and local governments shall prepare health promotion policies based on women's life cycle, including maternity health. |
SECTION 4 Expansion of Gender Equality Culture
| Article 35 (Gender-Equal Family) |
| (1) | The State and local governments shall strive to establish democratic and gender-equal family relationships. |
| (2) | The State and local governments shall strive to evaluate the economic value of housework on a reasonable basis and reflect it in the statutes or regulations, systems or policies. |
| Article 36 (Gender Equality Education) |
| (1) | The State and local governments shall strive to promote gender equality in family education. |
| (2) | The State and local governments shall strive to ensure that schools under the Framework Act on Education will provide the education enhancing the awareness of gender equality. |
| (3) | The State and local governments shall strive to ensure that training courses of national and public training institutions, lifelong education institutions under the Lifelong Education Act, and other training education courses will provide education enhancing awareness of gender equality. |
| Article 37 (Development of Gender Equal Culture) |
| (1) | The State and local governments shall discover and promote efficient projects to create a gender-equal culture. |
| (2) | The State and local governments shall provide assistance in improving gender-based discrimination, prejudice, depreciation, or abuse in the content of newspapers, broadcast media, magazines, Internet, and other mass media, and shall strive to ensure that the awareness of gender equality can be diffused through mass media. |
| (3) | The Minister of Gender Equality and Family may regularly examine gender-based discrimination, prejudice, depreciation or abuse in the content of mass media and, where deemed necessary to improve any statutes or regulations, system, policy, etc., may request the Korea Communications Commission and other relevant institutions to make the necessary improvement. |
| Article 38 (Women’s Day and Gender Equality Week) |
| (1) | To facilitate the nationwide realization of gender equality, March 8 of every year shall be designated as the Women’s Day and one week of a year shall be designated as the Gender Equality Week, as prescribed by Presidential Decree. <Amended on Mar. 2, 2018; Nov. 26, 2019> |
| (2) | To celebrate the day the first Korean Declaration of Women’s Human Rights was announced, September 1 of every year shall be designated as the Women’s Rights Announcement Day. <Newly Inserted on Nov. 26, 2019> |
| (3) | One day in the gender equality week under paragraph (1) shall be designated as Gender Equality Pay Day, and statistics, etc. on pay by gender shall be published on the same day. <Newly Inserted on May 19, 2020> |
[Title Amended on Dec. 19, 2020]
| Article 39 (Women-Friendly Cities) |
| (1) | The State and local governments shall strive to develop areas where women and men equally participate in regional policies and development processes, and policies are operated in a way to ensure the empowerment of women and their care and safety (hereafter in this Article, referred to as "women-friendly cities"). |
| (2) | The Minister of Gender Equality and Family may designate the Special Metropolitan City, the Special Self-Governing Province, a Si/Gun or an autonomous Gu as a women-friendly city and support it. |
| (3) | Necessary matters relating to the standards and procedures for the designation of women-friendly cities, details of support, etc., shall be prescribed by Presidential Decree. |
| Article 40 (International Cooperation) |
| (1) | The State and local governments shall strive to conclude or implement international treaties for the realization of gender equality. |
| (2) | The State and local governments shall support the equal participation of women and men in international organizations or international conferences. |
| (3) | In undertaking activities for international development cooperation, the State and local governments shall prepare measures for realizing gender equality, and in particular, the Minister of Gender Equality and Family shall promote international development cooperation projects for realizing gender equality. |
| (4) | The State and local governments shall strive to strengthen exchanges and solidarity among Korean women residing in and out of the Republic of Korea. |
| (5) | When the Government intends to submit a report on implementation of the Convention on the Elimination of All Forms of Discrimination against Women or any other report on implementation of any women-related international treaty that the Republic of Korea has entered into, it shall submit it to the National Assembly beforehand. |
| Article 41 (Participation in Process of Peace and Unification) |
| (1) | The State and local governments shall strive to ensure that women and men equally participate in the promotion of a culture of peace in and out of the Republic of Korea and in the process of working for the reunification of Korea. |
| (2) | The State and local governments may support women's activities for the promotion of peace and reunification in and out of the Republic of Korea. |
| (3) | The Government shall formulate and implement the National Action Plan in accordance with United Nations Security Council Resolution 1325 on women, peace and security. <Newly Inserted on Dec. 12, 2017> |
CHAPTER IV GENDER EQUALITY FUND
| Article 42 (Establishment of Fund) |
| (1) | The State shall establish a Gender Equality Fund (hereinafter referred to as the "Fund") to secure necessary financial resources to support projects, etc., to fulfill the purposes of this Act. |
| (2) | The Fund shall be created from the following financial resources: |
| 1. | Contributions from the State; |
| 2. | Contributions or donations by persons other than the State; |
| 3. | Profits from the operation of the Fund; |
| 4. | Other revenues prescribed by Presidential Decree. |
| (3) | The Fund shall be operated and managed by the Minister of Gender Equality and Family. |
| (4) | The Minister of Gender Equality and Family may entrust a bank as prescribed in Article 2 (1) 2 of the Banking Act with all or some of the administrative affairs relating to the operation and management of the Fund, as prescribed by Presidential Decree. |
| (5) | Local governments may establish a regional gender equality fund to facilitate the realization of gender equality, and matters necessary therefor shall be prescribed by municipal ordinances. |
The Fund shall be used for the following purposes:
| 1. | To assist projects for the realization of gender equality; |
| 2. | To assist non-profit corporations and non-profit civil organizations under Article 51; |
| 3. | To assist projects related to international cooperation under Article 40; |
| 4. | To assist other projects prescribed by Presidential Decree. |
| Article 44 (Accounting Agency of Fund) |
| (1) | To perform affairs relating to the revenue and expenditure of the Fund, the Minister of Gender Equality and Family shall appoint a Fund revenue collection officer, a Fund financing officer, a Fund disbursing officer and a Fund accounting official from among public officials under his or her supervision. |
| (2) | Where the Minister of Gender Equality and Family has entrusted all or some of the administrative affairs relating to the operation and management of the Fund in accordance with Article 42 (4), he or she shall appoint the following persons, whose duties are described as follows: |
| 1. | Persons who shall be appointed from among directors of the financial institutions entrusted with the affairs: |
| (a) | A director in charge of revenue of the Fund: Duty as the Fund revenue collection officer; |
| (b) | A director in charge of expenditure of the Fund: Duty as the Fund financing officer; |
| 2. | Persons who shall be appointed from among employees of the financial institutions entrusted with the affairs: |
| (a) | An employee in charge of expenditure of the Fund: Duty as the Fund disbursing officer; |
| (b) | An employee in charge of receipt and disbursement of the Fund: Duty as the Fund accounting officer. |
CHAPTER V SUPPORT TO INSTITUTIONS, FACILITIES, AND ORGANIZATIONS RELATED TO GENDER EQUALITY
| Article 45 (Institutions Related to Gender Equality Policies) |
| (1) | The State and local governments may establish and operate institutions for research or education on gender equality policies. |
| (2) | The State and local governments may establish and operate facilities relating to gender equality policies for the development of capabilities and education and training to facilitate gender-equal social participation. |
| (3) | The State and local governments may fully or partially subsidize expenses incurred by the institutions and facilities relating to gender equality policies under paragraphs (1) and (2) within budgetary limits. |
| Article 46 (Establishment of Korean Institute for Gender Equality Promotion and Education) |
| (1) | The State shall establish a Korean Institute for Gender Equality Promotion and Education (hereafter in this Article, referred to as the "Promotion Institute") to efficiently and systematically pursue and promote gender equality education, etc. |
| (2) | The Promotion Institute shall be a corporation. |
| (3) | The Promotion Institute shall be duly established upon registration of incorporation at the seat of its main office. |
| (4) | The Promotion Institute shall have executives and necessary employees as prescribed by its articles of incorporation. |
| (5) | The Promotion Institute shall perform the following projects: |
| 1. | Education and promotional projects for gender equality; |
| 2. | Gender responsive education for public officials; |
| 3. | Education for cultivating leadership of women and men; |
| 4. | Projects for training professional personnel including classes lecturers for the prevention of sexual harassment; |
| 5. | Projects for supporting exchanges and cooperation to strengthen education courses for gender equality at education and training institutes for public officials; |
| 6. | Projects to develop and study gender equality education programs; |
| 7. | Projects to publish data relating to gender equality education; |
| 8. | Projects incidental to the projects described in subparagraphs 1 through 7, or projects entrusted by State agencies, etc., in relation thereto; |
| 9. | Other projects prescribed by Presidential Decree for achieving the goals of the Promotion Institute. |
| (6) | The State may contribute expenses incurred in the operation of the Promotion Institute within budgetary limits. |
| (7) | Except as provided in this Act, the provisions of the Civil Act governing an incorporated foundation shall apply mutatis mutandis to the Promotion Institute. |
| Article 46-2 (Establishment of Women’s Human Rights Institute of Korea) |
| (1) | The State shall establish a Women’s Human Rights Institute of Korea to prevent sexual violence, domestic violence, commercial sex acts, etc. and to protect and support the victims thereof. |
| (2) | The Women’s Human Rights Institute of Korea shall be a corporation. |
| (3) | The Women’s Human Rights Institute of Korea shall come into existence by making establishment registration at the seat of the principal office. |
| (4) | The Women’s Human Rights Institute of Korea shall have executive officers and necessary employees, as prescribed by the articles of incorporation. |
| (5) | The Women’s Human Rights Institute of Korea shall perform the following projects: |
| 1. | Providing training and continuing education for persons employed by facilities to protect and support the victims of sexual violence, domestic violence, commercial sex acts, etc.; |
| 2. | Establishing and operating a network among facilities to protect and support the victims of sexual violence, domestic violence, commercial sex acts, etc.; |
| 3. | Developing and supporting cooperative projects among relevant institutions to protect and support the victims of sexual violence, domestic violence, commercial sex acts, etc.; |
| 4. | Supporting evaluation of and providing consulting services for facilities to protect and support the victims of sexual violence, domestic violence, commercial sex acts, etc.; |
| 5. | Establishing and operating a comprehensive management system to protect and support the victims of sexual violence, domestic violence, commercial sex acts, etc.; |
| 6. | Developing programs to prevent sexual violence, domestic violence, commercial sex acts, etc. and to protect and support the victims thereof, and conducting relevant research projects; |
| 7. | Projects incidental to those referred to in subparagraphs 1 through 6, or projects entrusted by State agencies, etc. in relation thereto; |
| 8. | Other projects prescribed by Presidential Decree to achieve the objectives of the Women’s Human Rights Institute of Korea. |
| (6) | The State may contribute expenses incurred in the operation of the Women’s Human Rights Institute of Korea, within budgetary limits. |
| (7) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Women’s Human Rights Institute of Korea. |
| (8) | No person, other than the Women’s Human Rights Institute of Korea under this Act, shall use the name “Women’s Human Rights Institute of Korea” or any similar name. |
[This Article Newly Inserted on Dec. 18, 2018]
| Article 47 (Establishment and Operation of Woman Resource Development Center) |
| (1) | The State and local governments may establish and operate facilities for the development of woman resource (hereinafter referred to as "woman resource development center"). |
| (2) | If any person other than the State or a local government intends to establish and operate a woman resource development center, he/she shall be designated by the Mayor/Do Governor. |
| (3) | Local governments may fully or partially subsidize expenses incurred in the operation of a woman resource development center established under paragraph (2) within budgetary limits. |
| (4) | Necessary matters relating to the standards, procedures, etc., for the designation of a woman resource development center shall be prescribed by Presidential Decree. |
| Article 48 (Revocation of Designation as Woman Resource Development Center) |
| (1) | Where any woman resource development center designated under Article 47 (2) falls under any of the following, the Mayor/Do Governor may revoke the designation or issue a corrective order: Provided, That the designation shall be revoked in cases falling under subparagraph 1: |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where it fails to meet the standards for designation under Article 47 (4); |
| 3. | Where it falls under any event or ground prescribed by Presidential Decree, such as poor business results. |
| (2) | The standards for the revocation of designation or the issuance of a corrective order under paragraph (1) shall be prescribed by Presidential Decree in consideration of the grounds for the relevant disposition, extent of violation, etc. |
The Mayor/Do Governor shall hold a hearing where they intend to revoke the designation of any woman resource development center under Article 48.
| Article 50 (Establishment and Operation of Women's History Museum) |
| (1) | The Minister of Gender Equality and Family may establish and operate a Women's History Museum to illuminate women's role in history and women who made a contribution to historical development and to utilize it as a place for educating women and raising public awareness of gender equality. |
| (2) | The Women's History Museum shall undertake the following projects: |
| 1. | Collection, preservation, research, exhibition of and education on cultural heritage related to women; |
| 2. | Discovery of women's history and research on their roles, experience and value in history; |
| 3. | Discovery of women who brought about historical development and social change and their accomplishments; |
| 4. | Discovery, preservation, research of and education on materials regarding the history of women's culture, women in local communities and women's movements, associations and policies; |
| 5. | Women's cultural activities, such as art, music, and literature; |
| 6. | Other projects necessary to accomplish the purpose of establishing the women's history museum. |
| (3) | Matters necessary for the establishment and operation of the Women's History Museum under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | Except as provided in this Act, the provisions of the Museum and Art Gallery Support Act on the National Museum shall apply mutatis mutandis to the Women's History Museum. |
| Article 51 (Support to Non-Profit Corporations and Non-Profit Civil Organizations) |
The State and local governments may provide administrative support required by non-profit corporations and non-profit civil organizations in performing activities for the expansion of gender-equal participation, diffusion of a culture of gender equality, facilitation of gender equality, protection of women's rights, and promotion of women's welfare, etc., and may partially subsidize expenses incurred in relation to such activities.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 52 (Delegation and Entrustment of Authority) |
| (1) | The authority of the Minister of Gender Equality and Family under this Act may be delegated in part to the Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | The Minister of Gender Equality and Family may partially entrust his or her duties under this Act to specialized agencies, corporations, or organizations related to gender equality policies, as prescribed by Presidential Decree. |
| Article 53 (Reporting to the National Assembly) |
| (1) | The Minister of Gender Equality and Family shall finalize a master plan, action plan for the relevant year, and results of implementation for the previous year, and submit them to the National Assembly. |
| (2) | The Government shall prepare an annual report on major gender equality policies and submit it to the National Assembly before the National Assembly opens a regular session. |
ADDENDA <Act No. 12698, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Article 2 (Special Cases concerning Allocation of Commissioned Committee Members by Gender)
Notwithstanding the amended main sentence of Article 21 (2), the State and local governments shall gradually proceed to organize committees in a way that no particular gender exceeds 6/10 of the number of commissioned members until December 31, 2017. Article 3 (Transitional Measures concerning Master Plan for Gender Equality Policies)
The master plan for women's policies under Article 7 of the former Framework Act on Women's Development as at the time this Act enters into force shall be deemed a master plan for gender equality policies under the amended provisions of Article 7. Article 4 (Transitional Measures concerning Officials in Charge of Women’s Policies)
Officials in charge of women's policies designated under Article 12 of the former Framework Act on Women's Development as at the time this Act enters into force shall be deemed officials in charge of gender equality designated under the amended provisions of Article 13. Article 5 (Transitional Measures concerning Women’s Development Fund)
The Women's Development Fund established under Article 29 of the former Framework Act on Women's Development at the time when this Act enters into force shall be deemed the Gender Equality Fund under the amended provisions of Article 42. Article 6 (Transitional Measures concerning Korean Institute for Gender Equality Promotion and Education )
The Korean Institute for Gender Equality Promotion and Education established under Article 21-4 of the former Framework Act on Women's Development as at the time this Act enters into force shall be deemed the Korean Institute for Gender Equality Promotion and Education established under the amended provisions of Article 46. Article 7 (Transitional Measures concerning Woman Resource Development Center)
The woman resource development center designated under Article 33 (3) of the former Framework Act on Women's Development as at the time this Act enters into force shall be deemed woman resource development center designated under the amended provisions of Article 47 (2). Article 8 (General Transitional Measures)
Any dispositions, procedures and other acts conducted under the former Framework Act on Women's Development as at the time this Act enters into force shall be deemed to have been undertaken under this Act, if any provisions corresponding thereto exist in this Act.
Article 9 Omitted.
Article 10 (Relationship to Other Statutes or Regulations)
Where any other statutes or regulations cite the former Framework Act on Women's Development or the provisions thereof as at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provisions of this Act in lieu of the former Framework Act on Women's Development or the provisions thereof, if any provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, of the statutes which are amended according to Article 6 of the Addenda, the amendments of the statutes which were promulgated before this Act enters into force, but the enforcement date of which has yet to arrive, shall enter into force on the respective dates the relevant statutes enter into force. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13369, Jun. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14444, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, of the statutes which are amended according to Article 5 of the Addenda, the amendments of the statutes which were promulgated before this Act enters into force, but the enforcement date of which has yet to arrive, shall enter into force on the respective dates the relevant statutes enter into force. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15206, Dec. 12, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15420, Mar. 2, 2018>
This Act shall enter into force on 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.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15985, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 46-2 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning the Women’s Human Rights Institute of Korea Established as Incorporated Foundation)
| (1) | The Women’s Human Rights Institute of Korea established as an incorporated foundation after obtaining permission from the Minister of Gender Equality and Family pursuant to Article 32 of the Civil Act (hereinafter referred to as the “Foundation”) as at the time this Act enters into force may apply for approval with the Minister of Gender Equality and Family to ensure that the Women’s Human Rights Institute of Korea to be established pursuant to the amended provisions of Article 46-2 succeed to all of the rights and duties following the decisions by the board of directors. |
| (2) | The Foundation that has obtained approval from the Minister of Gender Equality and Family upon application under paragraph (1) shall be deemed dissolved at the same time of establishment of the Women’s Human Rights Institute of Korea under this Act, notwithstanding the provisions of the Civil Act governing the dissolution and liquidation of corporations; and the Women’s Human Rights Institute of Korea under this Act shall succeed to all of assets, rights, and duties that belonged to the Foundation. In such cases, the name of the Foundation listed in the register concerning assets, rights, and duties and other public registers shall be deemed the name of the Women’s Human Rights Institute of Korea under this Act. |
| (3) | The executive officers and employees of the Foundation as at the time this Act enters into force shall be deemed the executive officers and employees of the Women’s Human Rights Institute of Korea under this Act. |
ADDENDUM <Act No. 16623, Nov. 26, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17284, May 19, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17896, Jan. 12, 2021>
This Act shall enter into force three months after the date of its promulgation.