EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT
Act No. 8781, Dec. 21, 2007
Amended by Act No. 9792, Oct. 9, 2009
Act No. 9795, Oct. 9, 2009
Act No. 9998, Feb. 4, 2010
Act No. 10339, jun. 4, 2010
Act No. 10789, jun. 7, 2011
Act No. 11274, Feb. 1, 2012
Act No. 11461, jun. 1, 2012
Act No. 12244, Jan. 14, 2014
Act No. 12628, May 20, 2014
Act No. 13043, Jan. 20, 2015
Act No. 13932, Jan. 28, 2016
Act No. 15109, Nov. 28, 2017
Act No. 16271, Jan. 15, 2019
Act No. 16413, Apr. 30, 2019
Act No. 16558, Aug. 27, 2019
Act No. 17326, May 26, 2020
Act No. 17489, Sep. 8, 2020
Act No. 17602, Dec. 8, 2020
Act No. 18178, May 18, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute not only to realizing equal employment for both genders by guaranteeing equal opportunities and treatment in employment between men and women in accordance with the principle of equality proclaimed in the Constitution of the Republic of Korea, by protecting motherhood, and by promoting the employment of women, but also to improving the quality of all the people's lives by assisting work-family balance of employees. [This Article Wholly Amended on Dec. 21, 2007]
The terms used in this Act are defined as follows: <Amended on Nov. 28, 2017; May 26, 2020>
| 1. | The term "discrimination" means that an employer discriminates against an employee in employment or working conditions, or takes any other disadvantageous measures without any justifiable reason, on grounds of gender, marriage, status within family, pregnancy or childbirth, etc. (including where, even if the employer equally applies employment or working conditions, the number of men or women capable of satisfying such conditions is remarkably fewer in comparison with the opposite gender, thus putting the opposite gender at a disadvantage, and the said conditions may not be attested to be justifiable): Provided, That this shall not apply to any of the following cases: |
| (a) | Where a specific gender is inevitably requested in view of the characteristics of duties; |
| (b) | Where measures are taken for protecting motherhood, such as pregnancy, childbirth and lactation of female employees; |
| (c) | Where proactive employment improvement measures are taken under this Act or other Acts; |
| 2. | The term "sexual harassment on the job" means that an employer, a superior or an employee causes another employee to feel sexual humiliation or repulsion by sexual words or actions by utilizing a position in the workplace or in relation with duties, or providing any disadvantages in working conditions and employment on account of disregard for sexual words or actions or any other demands, etc.; |
| 3. | The term "proactive employment improvement measure" means any measure taken to temporarily give a specific gender preferential treatment in order to eliminate existing employment discrimination between men and women, or to promote equal employment; |
| 4. | The term "employee" means any person who is employed by an employer or who intends to seek a job. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to all sorts of business or business places (hereinafter referred to as "business") that employ employees: Provided, That the whole or part of this Act may not apply to the business designated by Presidential Decree. |
| (2) | The realization of equal employment for both genders and work-family balance shall be governed by this Act except as otherwise provided for in other Acts. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 4 (Responsibility of the State and Local Governments) |
| (1) | The State and local governments shall, in order to achieve the purposes of this Act, promote the interests and understanding of the people, assist women in developing their vocational abilities and promoting their employment, and endeavor to eliminate all factors detrimental to the realization of equal employment for both genders. |
| (2) | The State and local governments shall support efforts by employees and employers to balance work-family and endeavor to raise funds and create conditions necessary for assisting such balance. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 5 (Responsibility of Employees and Employers) |
| (1) | Employees shall endeavor to create a workplace culture in which both men and women are equally respected on the basis of mutual understanding. |
| (2) | Employers shall endeavor to create a working environment in which employees of both genders display their abilities under the same conditions, by improving various practices and systems detrimental to the realization of equal employment for both genders at the relevant business place. |
| (3) | Employers shall improve various practices and systems detrimental to work-family balance within the business place and endeavor to create a working environment to assist such balance. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 6 (Formulation of Policies) |
| (1) | The Minister of Employment and Labor shall formulate and execute any of the following policies in order to realize equal employment for both genders and work-family balance: <Amended on Jun. 4, 2010> |
| 1. | Publicity for raising awareness of equal employment for both genders; |
| 2. | Selection of excellent enterprises in equal employment for both genders (including excellent enterprises in proactive employment improvement measures under Article 17-4), and administrative and financial support; |
| 3. | Establishment and promotion of a specific period to emphasize equal employment for both genders; |
| 4. | Survey and research to alleviate discrimination between both genders, and to expand the employment of women; |
| 5. | Improvement of systems and administrative and financial support for protection of motherhood and work-family balance; |
| 6. | Other matters necessary for the realization of equal employment for both genders and for assistance for work-family balance. |
| (2) | The Minister of Employment and Labor shall endeavor to reflect opinions of the interested parties in formulating and executing the policies under paragraph (1), and may, if deemed necessary, request the heads of relevant administrative agencies, local governments, and other public agencies to render cooperation thereto. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 6-2 (Formulation of Master Plan) |
| (1) | The Minister of Employment and Labor shall formulate a master plan for the realization of equal employment for both genders and work-family balance (hereinafter referred to as "master plan") every five years. <Amended on Jun. 4, 2010; Jan. 28, 2016> |
| (2) | A master plan shall include the following matters: <Amended on Dec. 4, 2010; Jan. 28, 2016> |
| 1. | Matters concerning the promotion of women’s employment; |
| 2. | Matters concerning the guarantee of equal opportunities and treatment for both genders; |
| 3. | Matters concerning the establishment of the principle of equal pay for equal-value work; |
| 4. | Matters concerning the development of vocational abilities of women; |
| 5. | Matters concerning the protection of motherhood of female employees; |
| 6. | Matters concerning assistance for work-family balance; |
| 7. | Matters concerning the establishment and operation of welfare facilities for female employees; |
| 8. | Evaluation of the immediately preceding basic plan; |
| 9. | Other matters deemed necessary by the Minister of Employment and Labor to realize equal employment for both genders and to assist work-family balance. |
| (3) | The Minister of Employment and Labor may, if he or she deems it necessary, request the heads of relevant administrative agencies and public institutions to submit materials necessary for the formulation of a master plan. <Newly Inserted on Jan. 28, 2016> |
| (4) | Upon formulating a master plan, the Minister of Employment and Labor shall, without delay, report thereon to the competent standing committee. <Newly Inserted on Jan. 28, 2016> |
[This Article Newly Inserted on Dec. 21, 2007]
| Article 6-3 (Implementation of Surveys of Current Status) |
| (1) | The Minister of Employment and Labor shall implement periodic surveys to understand the current status of the alleviation of the discrimination between both genders in business or at the business place, the protection of motherhood and work-family balance. <Amended on Jun. 4, 2010> |
| (2) | The objects, period, details and other matters necessary for survey of current status under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Newly Inserted on Dec. 21, 2007]
CHAPTER II GUARANTEE OF EQUAL OPPORTUNITIES AND TREATMENT IN EMPLOYMENT OF MEN AND WOMEN
SECTION 1 Guarantee of Equal Opportunities and Treatment for Men and Women
| Article 7 (Recruitment and Employment) |
| (1) | No employer shall discriminate on grounds of gender in recruiting or employing employees. |
| (2) | In recruiting or employing employees, no employer shall exhibit or demand physical conditions including appearance, height, or weight, and unmarried status, which are not required for performing the relevant duties, or any other conditions prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010; May 18, 2021> |
[This Article Wholly Amended on Dec. 21, 2007]
| (1) | The employer shall provide equal pay for equal-value work within the identical business. |
| (2) | Standards for equal-value work shall be skills, labor, responsibility, working conditions, etc. required for the performance of duties, and employers shall, in setting such standards, hear opinions of the member representing the employees at the labor-management council under Article 25. |
| (3) | A separate business established by an employer for the purpose of wage discrimination shall be deemed an identical business. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 9 (Money and Goods other than Wages) |
No employer shall discriminate on grounds of gender in providing welfare, such as money, goods or similar, loan of funds, in order to subsidize the living of his or her employees aside from wages.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 10 (Education, Assignment, and Promotion) |
No employer shall discriminate on grounds of gender in education, assignment, and promotion of his or her employees.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 11 (Age Limit, Retirement, and Dismissal) |
| (1) | No employer shall discriminate on grounds of gender in age limit, retirement, and dismissal of his or her employees. |
| (2) | No employer shall conclude an employment contract that stipulates marriage, pregnancy, or childbirth of female employees as grounds for retirement. |
[This Article Wholly Amended on Dec. 21, 2007]
SECTION 2 Prohibition and Prevention of Sexual Harassment on Job
| Article 12 (Prohibition of Sexual Harassment on Job) |
No employer, superior, or employee shall commit any sexual harassment on the job against another employee.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 13 (Sexual Harassment Prevention Education in Workplace) |
| (1) | The employer shall conduct sexual harassment prevention education in the workplace (hereinafter referred to as "sexual harassment prevention education") every year in order to prevent sexual harassment in the workplace and to create the given conditions whereunder his or her employees may work in a safe working environment. <Amended on Nov. 28, 2017> |
| (2) | An employer and an employee shall receive sexual harassment prevention education pursuant to paragraph (1). <Newly Inserted on Jan. 14, 2014> |
| (3) | An employer shall keep his or her employees posted on details of sexual harassment prevention education by always posting or making notices thereof available in conspicuous places where employees have ready access to them. <Newly Inserted on Nov. 28, 2017> |
| (4) | An employer shall take measures to prevent and prohibit sexual harassment in the workplace in accordance with standards prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted on Nov. 28, 2017> |
| (5) | Necessary matters concerning the details, methods, frequency, etc. of sexual harassment prevention education pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Jan. 14, 2014; Nov. 28, 2017> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Nov. 28, 2017]
| Article 13-2 (Entrustment of Preventive Education of Sexual Harassment) |
| (1) | The employer may conduct sexual harassment prevention education by entrusting such education to the institution designated by the Minister of Employment and Labor (hereinafter referred to as the "institution for sexual harassment prevention education"). <Amended on Jun. 4, 2010> |
| (2) | Where an employer intends to provide sexual harassment prevention education by entrusting it to an institution for sexual harassment prevention education, he or she shall notify such institution of matters prescribed by Presidential Decree in advance pursuant to Article 13 (5) to ensure such matters be included in the preventive education. <Newly Inserted on Nov. 28, 2017> |
| (3) | An institution for sexual harassment prevention education shall be designated from among the institutions provided for in Ordinance of the Ministry of Employment and Labor, and it shall have at least one lecturer provided for in Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010> |
| (4) | An institution for sexual harassment prevention education shall conduct education, as prescribed by Ordinance of the Ministry of Employment and Labor, keep data relating to execution of education, such as the completion certificate of education or the list of persons completing education, and deliver such data to employers or persons undergoing education. <Amended on Jun. 4, 2010; Nov. 28, 2017; May 26, 2020> |
| (5) | The Minister of Employment and Labor may cancel the relevant designation where the institution for sexual harassment prevention education falls under any of the following: <Amended on Jun. 4, 2010; Nov. 28, 2017> |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | Where it has failed to employ a lecturer under paragraph (3) for at least three consecutive months without any justifiable reason; |
| 3. | Where it has failed to conduct sexual harassment prevention education in the workplace for two years. |
| (6) | In order to cancel the designation of an institution for sexual harassment prevention education pursuant to paragraph (5), the Minister of Employment and Labor shall hold a hearing. <Newly Inserted on May 20, 2014; Nov. 28, 2017> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 14 (Measures When Sexual Harassment Occurs in Workplace) |
| (1) | Where any person becomes aware of the fact that sexual harassment has occurred in the workplace, he or she may report the fact to the relevant employer. |
| (2) | Where an employer receives a report under paragraph (1) or becomes aware of the fact that sexual harassment has occurred in the workplace, he or she shall immediately conduct an investigation to verify whether sexual harassment has occurred in the workplace. In such cases, the employer shall give consideration to an employee who suffered sexual harassment in the workplace or an employee who alleges that he or she suffered such harassment (hereinafter referred to as "harassed employee, etc.") lest he or she should feel sexual shame, etc. in the course of any investigation. |
| (3) | Where it is necessary to protect a harassed employee, etc. during the period of investigation under paragraph (2), an employer shall take appropriate measures, such as the change of the place where the harassed employee, etc. works or the issuance of an order to have the harassed employee, etc. take a paid leave of absence. In such cases, no employer shall take measures against the wishes of the harassed employee, etc. |
| (4) | Where the investigation under paragraph (2) finds that sexual harassment has occurred in the workplace, its employer shall take necessary measures such as the change of the place where the harassed employee works, redeployment, and the issuance of an order to have the harassed employee take a paid leave of absence, if the harassed employee requests. |
| (5) | Where the investigation under paragraph (2) finds that sexual harassment has occurred in the workplace, its employer shall take necessary measures, without delay, against a person who has committed sexual harassment at the workplace, such as a disciplinary punishment or the change of the place where the perpetrator works. In such cases, the employer shall hear opinions of the harassed employee on a measure such as a disciplinary punishment before he or she takes it. |
| (6) | No employer shall give an employee who reports that sexual harassment has occurred or a harassed employee, etc. any of the following disadvantageous treatments: |
| 1. | Dismissal, removal from office, discharge or any other disadvantageous treatment corresponding to the loss of status; |
| 2. | Inappropriate personnel actions, such as a disciplinary punishment, suspension from office, salary reduction, demotion, or restrictions on promotion; |
| 3. | Failure to assign duties, reassignment of duties, or any other personnel actions against the wishes of the relevant person; |
| 4. | Discrimination in performance evaluations or peer review, or differential payment of wages, bonuses, etc. following such discrimination; |
| 5. | Restrictions on opportunities of education and training for the development and improvement of vocational skills; |
| 6. | Engagement in any act of causing mental or physical harm, such as group bullying, assault, or verbal abuse, or neglect of an occurrence of such act; |
| 7. | Any other disadvantageous treatment against the wishes of the employee who reports the occurrence of sexual harassment or the harassed employee, etc. |
| (7) | No person who investigates the occurrence of sexual harassment in the workplace pursuant to paragraph (2), who receives a report on the details of investigation, or who participates in investigating sexual harassment shall divulge confidential information he or she obtains in the course of the relevant investigation to others against the wishes of a harassed employee, etc.: Provided, That the foregoing shall not apply where he or she reports matters related to the investigation to his or her employer or provides necessary information at the request of a related agency. |
[This Article Wholly Amended on Nov. 28, 2017]
| Article 14-2 (Prevention of Sexual Harassment by Clients) |
| (1) | Where any person closely related to the duties, such as a client, causes an employee to feel sexual humiliation or repulsion by sexual words, actions, etc. during the performance of his or her duties and such employee requests resolution of the grievance thereby, his or her employer shall take appropriate measures such as changing his or her place of work, redeployment, or granting a paid leave of absence. <Amended on Nov. 28, 2017; May 26, 2020> |
| (2) | No employer shall dismiss, or take any other disadvantageous measures against, an employee on account of his or her claim that he or she suffered damage under paragraph (1) or of disregard for sexual demands from clients, etc. <Amended on May 26, 2020> |
[This Article Newly Inserted on Dec. 21, 2007]
SECTION 3 Development of Vocational Abilities of Women and Facilitation of Their Employment
| Article 15 (Vocational Guidance) |
The employment security office under Article 2-2 (1) of the Employment Security Act shall take measures required for vocational guidance, such as providing data on surveys and research in regard to employment information and jobs, in order to make women select a job according to their aptitude, abilities, career, and level of skills, and adapt themselves with ease to such job. <Amended on Oct. 9, 2009> [This Article Wholly Amended on Dec. 21, 2007]
| Article 16 (Development of Vocational Abilities) |
The State, local governments, and employers shall guarantee equal opportunities for both genders in all vocational ability development training in order to develop and improve vocational abilities of women.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 17 (Promotion of Women’s Employment) |
| (1) | The Minister of Employment and Labor may fully or partially subsidize expenses incurred by non-profit corporations or organizations that establish or operate facilities to promote women’s employment. <Amended on Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may fully or partially subsidize expenses incurred by the employers who conduct business to promote women’s employment or who intend to improve their working environments within the business place, such as establishing a resting place for women, lactation facility. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 17-2 (Support for Ability Development and Employment Promotion of Career-Interrupted Women) |
| (1) | The Minister of Employment and Labor shall select promising job types and develop special training and employment promotion programs for career-interrupted women who have quit their jobs for such reasons as pregnancy, childbirth, childcare but have intention to be reemployed (hereinafter referred to as “career-interrupted women”). <Amended on Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor shall provide career-interrupted women with information on job and vocational training, etc. and services, such as professional vocational guidance, counseling, through the employment security office under Article 2-2 (1) of the Employment Security Act. <Amended on Oct. 9, 2009; Jun. 4, 2010> |
[This Article Newly Inserted on Dec. 21, 2007]
[Previous Article 17-2 moved to Article 17-3 <Dec. 21, 2007>]
SECTION 4 Proactive Employment Improvement Measures
| Article 17-3 (Establishment and Submission of Implementation Plans for Proactive Employment Improvement Measures) |
| (1) | The Minister of Employment and Labor may request any of the following employers whose employed female employees' ratio by job type is short of the employment standard provided for by Ordinance of the Ministry of Employment and Labor for each industry and scale, to establish and submit implementation plans for proactive employment improvement measures in order to eliminate discriminatory employment practices and systems (hereinafter referred to as "implementation plans"). In such cases, the relevant employer shall submit the implementation plans: <Amended on Jun. 4, 2010> |
| 1. | Heads of public institutions and organizations prescribed by Presidential Decree; |
| 2. | Employer of business employing more employees than the scale prescribed by Presidential Decree. |
| (2) | Any employer falling under any subparagraph of paragraph (1) shall submit the current status of male and female employees by job type and by position and the income status of male and female employees to the Minister of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 15, 2019> |
| (3) | Any employer not falling under any subparagraph of paragraph (1) who intends to take proactive employment improvement measures may prepare the current status of male and female employees by job type and by position, the income status of male and female employees, and the implementation plans, and submit them to the Minister of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 15, 2019> |
| (4) | The Minister of Employment and Labor shall examine implementation plans submitted under paragraphs (1) and (3), and where the relevant details are not clear or the efforts to eliminate discriminatory employment practices are insufficient, and thus the implementation plans are deemed inappropriate, he or she may request the relevant employer to supplement such plans. <Amended on Jun. 4, 2010> |
| (5) | Matters necessary for implementation plans, items to be entered in the current status of male and female employees and the income status of male and female employees, timing and procedures for submission, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010; Jan. 15, 2019> |
[This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 17-2; previous Article 17-3 moved to Article 17-4 <Dec. 21, 2007>]
| Article 17-4 (Evaluation of Performance Results and Support) |
| (1) | Any person who has submitted an implementation plan under Article 17-3 (1) and (3) shall submit the performance results to the Minister of Employment and Labor. <Amended on Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor shall evaluate the performance results submitted under paragraph (1), and notify the employer of the results thereof. <Amended on Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor may commend an enterprise which is found to have excellent performance results after the evaluation under paragraph (2) (hereinafter referred to as “enterprise with excellent proactive employment improvement measures”). <Amended on Jun. 4, 2010> |
| (4) | The State and local governments may render administrative and financial support to enterprises with excellent proactive employment improvement measures. |
| (5) | The Minister of Employment and Labor may urge employers found to have poor performance results after the evaluation under paragraph (2) to perform their implementation plans. <Amended on Jun. 4, 2010> |
| (6) | The Minister of Employment and Labor may entrust evaluation duties under paragraph (2) to an institution or organization prescribed by Presidential Decree. <Amended on Jun. 4, 2010> |
| (7) | Matters necessary for items to be entered into the performance results under paragraph (1), period and procedures for submission, and notification procedures for evaluation results under paragraph (2), etc. shall be provided for by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 17-3; previous Article 17-4 moved to Article 17-5 <Dec. 21, 2007>]
| Article 17-5 (Publication of List of Employers Failing to Implement Proactive Employment Improvement Measures) |
| (1) | When an employer who has failed to achieve the standard under Article 17-3 (1) on three consecutive occasions before the base date of publication of a list is urged to perform an implementation plan pursuant to Article 17-4 (5) and fails to follow it, the Minister of Employment and Labor may publicly announce the list of such persons: Provided, That the same shall not apply where any ground prescribed by Presidential Decree exists, including death of an employer and extinction of a business. |
| (2) | Matters necessary for publication, such as specific standards, details, and methods of publication pursuant to paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 14, 2014]
[Previous Article 17-5 moved to Article 17-6 <Jan. 14, 2014>]
| Article 17-6 (Posting of Implementation Plans) |
The employer who has submitted an implementation plan under Article 17-3 (1) shall take necessary measures, such as posting the implementation plan and the performance results under Article 17-4 (1), so that his or her employees may peruse them. [This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 17-5; previous Article 17-6 moved to Article 17-7 <Jan. 14, 2014>]
| Article 17-7 (Cooperation for Proactive Employment Improvement Measures) |
The Minister of Employment and Labor may request the heads of related administrative agencies to take necessary measures to correct or prevent discrimination, if deemed necessary for efficient execution of proactive employment improvement measures. In such cases, the heads of related administrative agencies shall comply with such request except in any extenuating circumstances. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 17-6; previous Article 17-7 moved to Article 17-8 <Jan. 14, 2014>]
| Article 17-8 (Deliberation on Important Matters concerning Proactive Employment Improvement Measures) |
| 1. | Matters concerning standards for the employment of female employees under Article 17-3 (1); |
| 2. | Matters concerning examination of implementation plans under Article 17-3 (4); |
| 3. | Matters concerning evaluation of performance results of proactive employment improvement measures under Article 17-4 (2); |
| 4. | Matters concerning commendation of and support for enterprises with excellent proactive employment improvement measures under Article 17-4 (3) and (4); |
| 5. | Matters concerning whether the publication under Article 17-5 (1) is made or not; |
| 6. | Other matters referred for discussion by the Chairperson of the Employment Policy Deliberative Council concerning proactive employment improvement measures. |
[This Article Wholly Amended on Oct. 9, 2009]
[Moved from Article 17-7; previous Article 17-8 moved to Article 17-9 <Jan. 14, 2014>]
| Article 17-9 (Surveys and Research of Proactive Employment Improvement Measures) |
| (1) | The Minister of Employment and Labor may perform projects, such as surveys, research, education, and publicity, in order to efficiently perform duties of proactive employment improvement measures. <Amended on Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may partially entrust the duties under paragraph (1) to persons prescribed by Presidential Decree, where deemed necessary. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 17-8 <Jan. 14, 2014>]
CHAPTER III PROTECTION OF MOTHERHOOD
| Article 18 (Support for Maternity Leave) |
| (1) | The State may pay an amount of money equivalent to the ordinary wages for the period of the relevant leave (hereinafter referred to as "maternity leave benefits, etc.") to persons meeting specific requirements among employees who have taken paternity leave under Article 18-2, or maternity leave or miscarriage and stillbirth leave under Article 74 of the Labor Standards Act. <Amended on Feb. 1, 2012; Aug. 27, 2019; May 26, 2020> |
| (3) | Expenses incurred in paying maternity leave benefits, etc. may be borne by State finances or the social insurance under the Framework Act on Social Security. <Amended on Feb. 1, 2012> |
| (4) | Where an employee intends to obtain maternity leave benefits, etc., an employer shall provide her with full cooperation in all procedures, such as preparation or verification of the relevant documents. <Amended on Feb. 1, 2012; Aug. 27, 2019> |
| (5) | Matters necessary for the requirements, period and procedures for payment of maternity leave benefits, etc. and other matters shall be prescribed by a separate statute. <Amended on Feb. 1, 2012> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Feb. 1, 2012; Aug. 27, 2019]
| Article 18-2 (Paternity Leave) |
| (1) | Where an employee requests leave on grounds of his spouse's childbirth (hereinafter referred to as “paternity leave”), the employer shall grant leave for 10 days. In such cases, he shall be paid for the period of leave used. <Amended on Feb. 1, 2012; Aug. 27, 2019> |
| (2) | Notwithstanding the latter part of paragraph (1), where maternity leave benefits, etc. have been paid, the responsibility for payment shall be exempted within the limit of the relevant amount. <Newly Inserted on Aug. 27, 2019> |
| (3) | No paternity leave may be requested after 90 days have elapsed from the date the spouse of the relevant employee gave birth. <Amended on Aug. 27, 2019> |
| (4) | Paternity leave may be used over several occasions, limited to only once. <Newly Inserted on Aug. 27, 2019> |
| (5) | No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of paternity leave. <Newly Inserted on Aug. 27, 2019> |
[This Article Newly Inserted on Dec. 21, 2007]
| Article 18-3 (Leave of Absence for Subfertility Treatment) |
| (1) | Where an employee applies for a leave of absence to receive subfertility treatment (hereinafter referred to as "leave of absence for subfertility treatment") such as artificial insemination or in vitro fertilization, an employer shall grant a leave of absence to the employee for a period not exceeding three days a year, and in such cases, the first one day shall be a paid leave of absence: Provided, That where granting a leave of absence for a period as requested by the employee significantly impedes the operation of normal business, the employer may change the period in consultation with the employee. |
| (2) | No employer shall give disadvantageous treatment such as dismissal or disciplinary punishment on the grounds that an employee takes a leave of absence for subfertility treatment. |
| (3) | Methods, procedures, etc. for applying for a leave of absence for subfertility treatment shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 28, 2017]
CHAPTER III-2 ASSISTANCE FOR WORK-FAMILY BALANCE
| Article 19 (Childcare Leave) |
| (1) | Where a pregnant female employee or an employee applies for a leave of absence (hereinafter referred to as "childcare leave") in order to enjoy maternity protection or to raise his or her children (including adopted children; hereinafter the same shall apply) aged eight years or younger or in the second grade or lower of elementary school, respectively, their employer shall grant permission therefor: Provided, That the same shall not apply to cases prescribed by Presidential Decree. <Amended on Feb. 4, 2010; Jan. 14, 2014; Aug. 27, 2019; May 18, 2021> |
| (2) | The period of childcare leave shall not exceed one year. |
| (3) | No employer shall dismiss, or take any other disadvantageous measure against, an employee on account of childcare leave, or dismiss the relevant employee during the period of childcare leave: Provided, That this shall not apply where the employer is unable to continue his or her business. |
| (4) | After an employee uses childcare leave, the employer shall reinstate the relevant employee in the same work as before the leave, or any other work paying the same level of wages. The period of childcare leave under paragraph (2) shall be included in the period of his or her continuous service. |
| (6) | Matters necessary for methods and procedures for application for childcare leave and other matters shall be prescribed by Presidential Decree. <Amended on Feb. 1, 2012> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 19-2 (Reduction of Working Hours for Period of Childcare) |
| (1) | Where any employee applies for a reduction of working hours to rear his or her children aged eight years or younger or in the second grade or lower of elementary school (hereinafter referred to as "reduction of working hours for a period of childcare"), his or her employer shall grant it: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to employ his or her substitute or where the normal operation of business is significantly impeded. <Amended on Feb. 1, 2012; Aug. 27, 2019> |
| (2) | Where the employer does not grant a reduction of working hours for a period of childcare under the proviso of paragraph (1), he or she shall notify the relevant employee of the ground therefor in writing and have him or her use childcare leave, or consult with the relevant employee as to whether to support him or her through other measures, such as the adjustment of commuting time. <Amended on Feb. 1, 2012; Aug. 27, 2019> |
| (3) | Where the employer grants a reduction of working hours for a period of childcare to the relevant employee under paragraph (1), the working hours after reduction shall be at least 15 hours a week, but shall not exceed 35 hours a week. <Amended on Aug. 27, 2019> |
| (4) | A reduction of working hours for a period of childcare shall be granted for up to one year: Provided, That where an employee who is eligible to apply for childcare leave pursuant to Article 19 (1) have not fully used such leave for a period of childcare leave under Article 19 (2), the remaining period shall be added to the period for reduction of working hours. <Amended on Aug. 27, 2019> |
| (5) | No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of a reduction of working hours for a period of childcare. |
| (6) | After an employee completes a reduction period of working hours for a period of childcare, the employer shall reinstate him or her in the same work as before a reduction of working hours, or any other work paying the same level of wages. |
| (7) | Matters necessary for methods and procedures for filing an application for a reduction of working hours for a period of childcare and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 21, 2007]
| Article 19-3 (Working Conditions under Reduction of Working Hours for Period of Childcare) |
| (1) | No employer shall apply unfavorable working conditions to an employee on reduced hours for a period of childcare under Article 19-2, except for applying them in proportion to working hours, on grounds of a reduction of working hours for a period of childcare. |
| (2) | Working conditions of an employee on reduced hours for a period of childcare under Article 19-2 (including working hours after the reduction of working hours for a period of childcare) shall be determined in writing between the employer and the relevant employee. |
| (3) | No employer may request an employee on reduced hours under Article 19-2 to work overtime: Provided, That where the relevant employee requests such overtime work specifically, the employer may have him or her work overtime up to 12 hours a week. |
| (4) | Where average wages are calculated under subparagraph 6 of Article 2 of the Labor Standards Act with regard to an employee on reduced hours for a period of childcare, the period during which the working hours for a period of childcare of the relevant employee are reduced shall be excluded in calculating the period of average wages. |
[This Article Newly Inserted on Dec. 21, 2007]
| Article 19-4 (Types of Using Childcare Leave and Reduction of Working Hours for Period of Childcare) |
| (1) | An employee may use childcare leave over several occasions, split into a maximum of two periods. In such cases, the number of childcare leave used by a pregnant female employee for maternity protection shall not be included in the number of split use of the child care leave.<Amended on Dec. 8, 2020; May 18, 2021> |
| (2) | An employee may reduce working hours for a period of childcare over several occasions. In such cases, each period of use shall be at least three months (in cases of fixed-term employees who cannot reduce working hours for at least three months due to the termination of the contract period, referring to the remaining contract period). |
[This Article Wholly Amended on Aug. 27, 2019]
| Article 19-5 (Other Measures to Support Childcare) |
| (1) | The employer shall endeavor to take any of the following measures in order to support childcare of an employee who rears children aged eight years or younger or in the second grade or lower of elementary school: <Amended on Jan. 20, 2015; Aug. 27, 2019> |
| 1. | To adjust time to start and finish work; |
| 2. | To restrict overtime work; |
| 3. | To adjust working hours, such as reduction or flexible operation of working hours; |
| 4. | Other measures necessary to support childcare of the relevant employee. |
| (2) | The Minister of Employment and Labor may provide necessary support, in consideration of effects on employment, etc., where the employer takes measures under paragraph (1). <Amended on Jun. 4, 2010> |
[This Article Newly Inserted on Dec. 21, 2007]
| Article 19-6 (Support by Employers for Employee's Reinstatement to Work) |
The employer shall endeavor to develop and improve vocational abilities of employees on childcare leave under this Act and provide support so that employees who return to work after maternity leave, childcare leave, or reduction of working hours for a period of childcare may readily adapt to working life. <Amended on Feb. 1, 2012>
[This Article Newly Inserted on Dec. 21, 2007]
| Article 20 (Assistance for Work-Family Balance) |
| (1) | The State may, where the employer has granted childcare leave or a reduction of working hours for a period of childcare to the employee, partially subsidize the living expenses of the relevant employee and the expenses incurred in maintaining the employee's employment. |
| (2) | The State may support employers who introduce measures to assist with work-family balance of his or her employees, through taxation and finance. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 21 (Establishment of, and Support for, Workplace Child Care Centers) |
| (1) | Employers shall establish child care centers necessary for childcare, such as lactation and daycare (hereinafter referred to as "workplace child care center"), in order to assist in the employee's employment. <Amended on Jun. 7, 2011> |
| (2) | Matters concerning the establishment and operation of workplace child care centers, such as the scope of employers obligated to establish child care centers, shall be governed by the Child Care Act. <Amended on Jun. 7, 2011> |
| (3) | The Minister of Employment and Labor shall provide such assistance and guidance as required for the establishment and operation of workplace child care centers in order to promote the employment of employees. <Amended on Jun. 4, 2010; Jun. 7, 2011> |
| (4) | Where an employer operates a workplace child care center, he or she shall not discriminate against employees according to their employment type. <Newly Inserted on Aug. 27, 2019> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jun. 7, 2011]
| Article 21-2 (Other Childcare-Related Assistance) |
Where any employer, other than an employer obligated to establish a workplace child care center under Article 21, intends to establish a child care center, the Minister of Employment and Labor may provide necessary assistance, such as providing information on the establishment and operation of workplace child care centers, counseling, and partial subsidization of expenses. <Amended on Jun. 4, 2010; Jun. 7, 2011> [This Article Newly Inserted on Dec. 21, 2007]
| Article 22 (Establishment of Public Welfare Facilities) |
| (1) | The State or local governments may establish public welfare facilities, such as education, childcare, and housing, in favor of female employees. |
| (2) | Matters necessary for standards for and the operation of public welfare facilities under paragraph (1) shall be determined by the Minister of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 22-2 (Support for Family Care of Employees) |
| (1) | Where any employee applies for a leave of absence to care for his or her grandparents, parents, spouse, parents of his or her spouse, children, or grandchildren (hereinafter referred to as "family") on grounds of their disease, accident, or senility (hereinafter referred to as "family care leave"), the employer shall grant it: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to employ his or her substitute, where the normal operation of business is significantly impeded, or where his or her grandparents have other lineal descendants or his or her grandchildren have other lineal ascendants than the employee himself or herself. <Amended on Feb. 1, 2012; Aug. 27, 2019> |
| (2) | Where any employee applies for leave to urgently care for his or her family (excluding cases prescribed by Presidential Decree, such as where grandparents or grandchildren have other lineal descendants or lineal ascendants than the employee) on grounds of their disease, accident, or senility or to rear his or her children (hereinafter referred to as "short-term family care leave"), the employer shall grant it: Provided, That where granting such leave at the time the employee applies for it significantly impedes the normal operation of business, the timing for taking the leave may be changed through consultation with the employee. <Newly Inserted on Aug. 27, 2019> |
| (3) | Where the employer does not grant family care leave under the proviso of paragraph (1), he or she shall notify the relevant employee of the ground therefor in writing and endeavor to take any of the following measures: <Newly Inserted on Feb. 1, 2012; Aug. 27, 2019> |
| 1. | To adjust time to start and finish work; |
| 2. | To restrict overtime work; |
| 3. | To adjust working hours, such as reduction or flexible operation of working hours; |
| 4. | Other supportive measures appropriate for business place conditions. |
| (4) | The period for using family care leave or short-term family care leave and the number of divided uses thereof shall be as follows: <Newly Inserted on Aug. 27, 2019; Sep. 8, 2020> |
| 1. | The maximum period of family care leave shall be 90 days per year, and the relevant employee may use it over several occasions. In such cases, the period taken for one occasion shall be at least 30 days; |
| 2. | The maximum period of short-term family care leave shall be 10 days per year [within 20 days (within 25 days, in cases of an employee who is mother or father under subparagraph 1 of Article 4 of the Single-Parent Family Support Act), if the period is extended pursuant to subparagraph 3], and it shall be used on a daily basis: Provided, That the period of short-term family care leave shall be included in the period of family care leave; |
| 3. | Where it is deemed necessary by the Minister of Employment and Labor to take special measures for an employees to care their family on grounds of the issuance of a crisis alert at a serious level pursuant to Article 38 of Framework Act on the Management of Disasters and Safety or the occurrence of large-scale disaster corresponding thereto due to the spread of an infectious disease, etc., he or she may extend the period of short-term family care leave within 10 days per year (within 15 days, in cases of an employee who is mother or father under subparagraph 1 of Article 4 of the Single-Parent Family Support Act) after deliberation by the Employment Policy Council prescribed in Article 10 of the Framework Act on Employment Policy. In such cases, the Minister of Employment and Labor shall, without delay, publicly announce the period and reasons, etc. |
| (5) | The short-term family care leave extended pursuant to paragraph (4) 3 may be used only in any of the following cases: <Newly Inserted on Sep. 8, 2020> |
| 2. | Where a child is in need of care, due to the issuance of orders for suspension of classes or temporary closure of schools pursuant to Article 64 of the Elementary and Secondary Education Act, orders for business suspension and temporary closure pursuant to Article 31 of Early Childhood Education Act, or orders for suspension of operation pursuant to Article 43-2 of Child Care Act, of school defined in Article 2 of the Elementary and Secondary Education Act, a kindergarten defined in subparagraph 2 of Article 2 of the Early Childhood Education Act, or a child-care center defined in subparagraph 3 of Article 2 of the Infant Care Act (hereafter in this Article, referred to as "school, etc."), to which a child belonging, respectively; |
| 4. | Where the grounds prescribed by the Minister of Employment and Labor arise in relation to family care of employees. |
| (6) | No employer shall dismiss the relevant employee, deteriorate his or her working conditions, or take any other disadvantageous measures against him or her on grounds of family care leave or short-term family care leave. <Newly Inserted on Feb. 1, 2012; Aug. 27, 2019; Sep. 8, 2020> |
| (7) | The period of family care leave or short-term family care leave shall be included in the period of continuous service: Provided, That it shall be excluded from the period for calculating average wages defined in Article 2 (1) 6 of the Labor Standards Act. <Newly Inserted on Feb. 1, 2012; Oct. 27, 2019; Sep. 8, 2020> |
| (8) | Employers shall endeavor to provide necessary psychological counseling services to assist his or her employees in maintaining a sound workplace and family life. <Amended on Feb. 1, 2012; Aug. 27, 2019; Sep. 8, 2020> |
| (9) | The Minister of Employment and Labor may provide necessary support, in consideration of effects, etc. on employment, where the employer takes measures under paragraph (1) or (2). <Amended on Jun. 4, 2010; Feb. 1, 2012; Aug. 27, 2019; Sep. 8, 2020> |
| (10) | Matters necessary for the methods, procedures, etc. for applying for family care leave or short-term family care leave shall be prescribed by Presidential Decree <Newly Inserted on Feb. 1, 2012; Aug. 27, 2019; Sep. 8, 2020> |
[This Article Newly Inserted on Dec. 21, 2007]
| Article 22-3 (Reduction of Working Hours for Family Care) |
| (1) | Where any employee applies for a reduction of working hours for any of the following reasons, his or her employer shall grant it: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to employ his or her substitute or where the normal operation of business is significantly impeded: |
| 1. | Where an employee cares for his or her family on grounds of their disease, accident, or senility; |
| 2. | Where an employee cares for himself or herself on grounds of his or her disease, injury due to accident, etc.; |
| 3. | Where an employee aged 55 years or older prepares for his or her retirement; |
| 4. | Where an employee pursues his or her studies. |
| (2) | Where the employer does not grant a reduction of working hours pursuant to the proviso of paragraph (1), he or she shall notify the relevant employee of the ground therefor in writing and have him or her take a leave, or consult with the relevant employee as to whether to support him or her through other measures. |
| (3) | Where the employer grants a reduction of working hours to the relevant employee pursuant to paragraph (1), the working hours after reduction shall be at least 15 hours a week, but shall not exceed 30 hours a week. |
| (4) | The period for a reduction of working hours shall not exceed one year: Provided, That where an employee who falls under any of paragraph (1) 1 through 3 has reasonable reasons, the period for a reduction of working hours may be additionally extended by a maximum of two years. |
| (5) | No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of a reduction of working hours. |
| (6) | After an employee completes a period for a reduction of working hours, the employer shall reinstate him or her in the same work as before the reduction of working hours, or in any other work paying the same level of wages. |
| (7) | Matters necessary for the methods, procedures, etc. for applying for a reduction of working hours shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 27, 2019]
[Previous Article 22-3 moved to Article 22-5 <Aug. 27, 2019>]
| Article 22-4 (Working Conditions under Reduction of Working Hours for Family Care) |
| (1) | No employer shall apply unfavorable working conditions to an employee on reduced hours under Article 22-3, except for applying them in proportion to working hours, on grounds of the reduction of working hours for family care, etc. |
| (2) | Working conditions of an employee on reduced hours under Article 22-3 (including working hours after the reduction of working hours) shall be determined in writing between the employer and the relevant employee. |
| (3) | No employer may request an employee on reduced hours under Article 22-3 to work overtime: Provided, That where the relevant employee requests such overtime work specifically, the employer may have him or her work overtime up to 12 hours a week. |
| (4) | Where average wages are calculated under subparagraph 6 of Article 2 of the Labor Standards Act with regard to an employee on reduced hours, the period during which the working hours of the relevant employee are reduced shall be excluded in calculating the period of average wages. |
[This Article Newly Inserted on Aug. 27, 2019]
| Article 22-5 (Formation of Foundation for Work-Family Balance Assistance) |
| (1) | The Minister of Employment and Labor shall perform projects such as surveys, research and publicity to introduce and spread family-work balance programs and to support the smooth operation, etc. of measures to protect motherhood, and provide both employers and employees with professional counseling services, relevant information, etc. <Amended on Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may perform the duties under paragraph (1) and those concerning support for the establishment and operation of workplace child care facilities under Articles 21 and 21-2 by entrusting them to public institutions or private organizations, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor may grant subsidies to the agencies entrusted with the duties under paragraph (2) to help them cover the expenses incurred in performing such duties. <Amended on Jun. 4, 2010> |
[This Article Newly Inserted on Dec. 21, 2007]
[Moved from Article 22-3 <Aug. 27, 2019>]
CHAPTER IV PREVENTION AND SETTLEMENT OF DISPUTES
| Article 23 (Support for Counseling) |
| (1) | The Minister of Employment and Labor may, within budgetary limits, partially subsidize necessary expenses incurred by private organizations in conducting counseling services on discrimination, sexual harassment on the job, protection of motherhood and work-family balance, etc. <Amended on Jun. 4, 2010> |
| (2) | Matters necessary for the requirements for selecting organizations, criteria and procedures for subsidization, interruption of subsidization, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 24 (Honorary Supervisors for Equal Employment) |
| (1) | The Minister of Employment and Labor may, in order to promote equal employment for both genders at the business place, commission a person from among the employees belonging to the relevant business place, who is recommended by both labor and management, as the honorary supervisor for equal employment (hereinafter referred to as the "honorary supervisor"). <Amended on Jun. 4, 2010; May 26, 2020> |
| (2) | The honorary supervisor shall perform the following duties: <Amended on Jun. 4, 2010> |
| 1. | Counseling and advice to employees becoming victims upon occurrence of discrimination or sexual harassment on the job at the relevant business place; |
| 2. | Participation in autonomous inspections and guidance of the status of equal employment at the relevant business place; |
| 3. | Recommendations to the employer on improvement of the matters involving violations of statutes or regulations, and report thereon to the supervisory agency; |
| 4. | Publicity and enlightenment concerning the equal employment system for both genders; |
| 5. | Other duties determined by the Minister of Employment and Labor in order to realize equal employment for both genders. |
| (3) | No employer shall take any disadvantageous personnel measures against the relevant employee on grounds that such employee has duly performed duties as an honorary supervisor. |
| (4) | Matters necessary for the commissioning, decommissioning, etc. of honorary supervisors shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 25 (Voluntary Settlement of Disputes) |
When any employee files a report on grievance of the matters under Articles 7 through 13, 13-2, 14, 14-2, 18 (4), 18-2, 19, 19-2 through 19-6, 21 and 22-2, the employer shall strive for voluntary settlement thereof, such as entrusting the settlement of grievances to the labor-management council established in relevant business place under the Act on the Promotion of Employees' Participation and Cooperation. [This Article Wholly Amended on Dec. 21, 2007]
| Article 26 (Request for Correction of Discriminatory Treatment) |
| (1) | Where an employee receives any of the following discriminatory treatment, etc. (hereinafter referred to as "discriminatory treatment, etc.") from an employer, the employee may file a request for the correction thereof to a labor relations commission established under Article 1 of the Labor Relations Commission Act (hereinafter referred to as "labor relations commission"): Provided, That the foregoing shall not apply where six months have passed from the date of receiving the discriminatory treatment, etc. (if the discriminatory treatment, etc. prescribed in subparagraphs 1 and 3 has been continuous, the date of termination thereof): |
| 1. | Acts violating any provision of Articles 7 through 11 (hereinafter referred to as "discriminatory treatment"); |
| 2. | Not taking appropriate measures prescribed in Article 14 (4) or 14-2 (1); |
| 3. | Unfavorable treatment in violation of Article 14 (6), dismissal in violation of Article 14-2 (2), or other disadvantageous measures. |
| (2) | An employee shall specifically state the details of discriminatory treatment, etc. when filing a request for correction under paragraph (1). |
| (3) | Necessary matters concerning the procedures for and methods of filing a request for correction prescribed in paragraphs (1) and (2) shall be separately determined and publicly notified by the National Labor Relations Commission under Article 2 (1) of the Labor Relations Commission Act (hereinafter referred to as the "National Labor Relations Commission"). |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 26
| Article 27 (Investigation and Inquiry) |
| (1) | A labor relations commission that has received a request for correction under Article 26 shall conduct, without delay, necessary investigations and inquiries into the interested parties. |
| (2) | In conducting inquiries pursuant to paragraph (1), a labor relations commission may, upon a request by the interested parties or ex officio, have a witness present himself or herself to make necessary inquiries. |
| (3) | In conducting inquiries pursuant to paragraphs (1) and (2), a labor relations commission shall give the interested parties sufficient opportunity to produce evidence and to cross-examine a witness. |
| (4) | Necessary matters concerning the methods of and procedures, etc. for investigations and inquiries under paragraphs (1) through (3) shall be separately determined and publicly notified by the National Labor Relations Commission. |
| (5) | A labor relations commission may have expert members to conduct professional investigations and research on the correction of discriminatory treatment, etc. In such cases, necessary matters concerning the number, qualification requirements, remunerations, etc. of such expert members shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 27
| Article 28 (Mediation and Arbitration) |
| (1) | A labor relations commission may commence mediation procedures upon request of either or both of the interested parties or ex officio, during the course of an inquiry under Article 27 and may conduct arbitration if the interested parties in advance agree to follow an arbitration award to be rendered by the labor relations commission and file for arbitration with the commission. |
| (2) | A request for mediation or arbitration under paragraph (1) shall be filed within 14 days from the date of filing a request for correction under Article 26: Provided, That if a labor relations commission recognizes that it was unable to file a request within the period for good cause, a request may be filed 14 days after such date. |
| (3) | Where a labor relations commission mediates or arbitrates in a dispute, it shall hear the opinions of the interested parties in full. |
| (4) | A labor relations commission shall present mediatory suggestions or render an arbitration award within 60 days from the date of the commencement of mediation procedures or from the receipt of a request for arbitration unless there is a compelling reason not to do so. |
| (5) | If both of the interested parties agree to accept a proposal of mediation, a labor relations commission shall prepare a mediation statement; and if it renders an arbitration award, it shall prepare a written arbitration award. |
| (6) | A mediation statement shall be signed or sealed by all the interested parties and all members involved in the mediation, and a written arbitration award shall be signed or sealed by all members involved in the arbitration. |
| (7) | A mediation or arbitration award under paragraphs (5) and (6) shall take the same effect as a judicial compromise under the Civil Procedure Act. |
| (8) | Matters necessary for the methods of mediation and arbitration, preparation of a mediation statement and a written arbitration award, etc. under paragraphs (1) through (7) shall be separately determined and publicly notified by the National Labor Relations Commission. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 28
| Article 29 (Corrective Orders) |
| (1) | Where a labor relations commission determines, after completing an investigation and inquiry under Article 27, that discriminatory treatment, etc. has occurred, it shall issue a corrective order to the relevant employer; and where it determines that discriminatory treatment, etc. has not occurred, it shall make a decision to dismiss the request for correction. |
| (2) | Any determination, corrective order, or decision of dismissal under paragraph (1) shall be made in writing and notified to the respective interested parties together with the detailed reasons therefor. In such cases, when issuing a corrective order, the details of such corrective order, compliance period, etc. shall be specifically stated. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 29
| Article 29-2 (Details of Mediation, Arbitration, or Corrective Orders) |
| (1) | The details of mediation or arbitration under Article 28 or of a corrective order under Article 29 may include suspending discriminatory treatment, etc., improving working conditions such as wages (including an order to improve institutions such as employment regulation and collective agreement), providing adequate compensation, or taking other corrective measures. |
| (2) | Where a corrective order to provide compensation pursuant to paragraph (1) is issued, the amount of compensation shall be determined based on the amount of damage incurred to the relevant employee due to discriminatory treatment, etc.: Provided, That the relevant labor relations commission may issue an order to provide compensation not exceeding three times the amount of damage where explicit intention is recognized for discriminatory treatment, etc. of the employer or if discriminatory treatment, etc. is repeated. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 29-2
| Article 29-3 (Finalized Corrective Orders) |
| (1) | Any interested party that is dissatisfied with a correction order or a decision of dismissal issued or made by a local relations commission under Article 2 (1) of the Labor Relations Commission Act may file a request for review with the National Labor Relations Commission within 10 days from the service of the written corrective order or the written decision of dismissal. |
| (2) | Any interested party that is dissatisfied with a decision on review made by the National Labor Relations Commission pursuant to paragraph (1) may institute administrative litigation within 15 days from the service of the written decision on review. |
| (3) | Where no request for review is filed within the period prescribed in paragraph (1) or no administrative litigation is instituted within the period prescribed in paragraph (2), the relevant corrective order, decision of dismissal, or decision on review shall become final and conclusive. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 29-3
| Article 29-4 (Demands for Submitting Status Report on Compliance with Corrective Orders) |
| (1) | The Minister of Employment and Labor may demand an employer to submit a status report on compliance with a finalized corrective order. |
| (2) | Any employee who has filed a request for correction may report his or her employer's failure to comply with a finalized corrective order to the Minister of Employment and Labor. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 29-4
| Article 29-5 (Demands by Minister of Employment and Labor for Correction of Discriminatory Treatment) |
| (1) | Where any employer gives discriminatory treatment, the Minister of Employment and Labor may make a demand for the correction thereof. |
| (2) | Where any employer fails to comply with a demand for correction under paragraph (1), the Minister of Employment and Labor shall notify a labor relations commission of the details of the discriminatory treatment at issue. In such cases, the Minister of Employment and Labor shall notify the relevant employer and employee of such fact. |
| (3) | Upon receipt of notification from the Minister of Employment and Labor under paragraph (2), the relevant labor relations commission shall, without delay, examine whether the discriminatory treatment at issue has been given. In such cases, the commission shall provide the relevant employer and employee with an opportunity to present their opinions. |
| (4) | Articles 26 through 29 and 29-2 through 29-4 shall apply mutatis mutandis to the examinations by the labor relations commission under paragraph (3), the procedures for correction, the effect of the decision made by the labor relations commission, etc. In such cases, "date of filing a request for correction" shall be construed as "date of receiving notification", "decision of dismissal" as "decision that there has been no discriminatory treatment", "interested parties" as "relevant employer and employee", and "employee who has filed a request for correction" as "relevant employee", respectively. |
| (5) | Necessary matters concerning the examinations, etc. by the labor relations commission under paragraphs (3) and (4) shall be separately determined and publicly notified by the National Labor Relations Commission. |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 29-5
| Article 29-6 (Expanding Effect of Finalized Corrective Order) |
| (1) | The Minister of Employment and Labor may investigate whether discriminatory treatment for the business or in the workplace of an employer who is in duty to perform the finalized corrective order under Article 29-3 (including cases applied mutatis mutandis under Article 29-5 (4)) is given to any employee other than the employees who are subject to the effect of the relevant corrective order; and may demand correction when discriminatory treatment is found. |
| (2) | Where an employer fails to comply with a demand for correction under paragraph (1), the Minister of Employment and Labor shall notify the relevant labor relations commission of such failure; and the commission shall, without delay, examine whether or not discriminatory treatment is given. |
| (3) | Article 29-5 (2) through (5) shall apply mutatis mutandis to the notification and examination under paragraph (2). |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 29-6
| Article 29-7 (Prohibition of Unfavorable Treatment Following Request for Correction of Discriminatory Treatment) |
No employer shall dismiss, or give any other unfavorable treatment to, an employee on the ground that he or she has conducted any of the following acts:
| 1. | Filing a request for correction of discriminatory treatment, etc. under Article 26, attending and making a statement at a meeting of the relevant labor relations commission under Article 27, or filing a request for review or instituting an administrative litigation under Article 29-3; |
| 2. | Reporting the employer's failure to comply with a corrective order under Article 29-4 (2). |
[This Article Newly Inserted on May 18, 2021]
[Enforcement Date: May 19, 2022] Article 29-7
| Article 30 (Burden of Proof) |
In settling disputes related to this Act, the burden of proof shall be borne by the employer.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 30 (Burden of Proof) |
The burden of proof in settling disputes related to this Act (including Articles 26 through 29 and 29-2 through 29-7) shall be borne by the employer. <Amended on May 18, 2021> [This Article Wholly Amended on Dec. 21, 2007]
[Enforcement Date: May 19, 2022] Article 30
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 31 (Report and Inspection) |
| (1) | The Minister of Employment and Labor may, if deemed necessary for the enforcement of this Act, order the employer to submit reports and relevant documents, or direct the relevant public officials to enter the business place and make inquiries of persons concerned, or inspect the relevant documents. <Amended on Jun. 4, 2010> |
| (2) | The relevant public officials shall, in cases under paragraph (1), carry a certificate verifying his or her authority and produce it to persons concerned. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 31-2 (Request for Submission of Materials) |
| (1) | The Minister of Employment and Labor may request the Minister of Health and Welfare or the National Health Insurance Service under the National Health Insurance Act for submission of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 50 of the foregoing Act for the purpose of performing any of the following duties. In such cases, the head of an agency so requested shall comply with such request unless there are justifiable reasons to do otherwise: |
| 1. | Affairs relating to the protection of motherhood under Chapter III; |
| 2. | Affairs relating to assistance for work-family balance under Chapter III-2; |
| 3. | Guidance on the protection of motherhood under Chapter III and on assistance for work-family balance under Chapter III-2; |
[This Article Newly Inserted on Jan. 28, 2016]
| Article 32 (Publication of Current Status of Performing Equal Employment) |
The Minister of Employment and Labor may, if deemed necessary to secure effectiveness of the enforcement of this Act, publish the actual status of performing equal employment, other results of surveys, etc.: Provided, That the same shall not apply where a publication is restricted by other Acts. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 21, 2007]
| Article 33 (Keeping Relevant Documents) |
Employers shall keep documents prescribed by Presidential Decree concerning the matters provided for in this Act for three years. In such cases, documents prescribed by Presidential Decree may be prepared and kept in electronic form under subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions. <Amended on Feb. 4, 2010; Jun. 1, 2012> [This Article Wholly Amended on Dec. 21, 2007]
| Article 34 (Application to Dispatched Work) |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 35 (Subsidization of Expenses) |
| (1) | The State, local governments, and public agencies may, within budgetary limits, fully or partially subsidize expenses incurred in performing projects related to promotion of employment and welfare of women. |
| (2) | The State, local governments, and public agencies may, where a person in receipt of subsidy under paragraph (1) falls under any of the following cases, revoke a decision on paying subsidy fully or partially, and order the return of all or part of the subsidy that has been paid: |
| 1. | Where he or she has used the subsidy for purposes other than intended purposes; |
| 2. | Where he or she has violated the terms of the decision on paying subsidy (including the relevant conditions, if they are attached thereto); |
| 3. | Where he or she has received a subsidy by false or any other unlawful means. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 36 (Delegation and Entrustment of Authority) |
The Minister of Employment and Labor may, as prescribed by Presidential Decree, delegate part of the authority under this Act to the heads of local employment and labor administration agencies or of local governments, or entrust it to public agencies. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 21, 2007]
| Article 36-2 (Re-Examination of Regulation) |
The Minister of Employment and Labor shall review the validity of requests for provision of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 31-2 every five years based on January 1, 2016 (referring to the period before January 1 of every five years) and take measures, such as improvements, accordingly. [This Article Newly Inserted on Jan. 28, 2016]
CHAPTER VI PENALTY PROVISIONS
| Article 37 (Penalty Provisions) |
| (1) | Where an employer discriminates on grounds of gender in age limit, retirement and dismissal of his or her employees or concludes an employment contract that stipulates marriage, pregnancy, or childbirth of female employees as grounds for retirement in violation of Article 11, he or she shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won. |
| (2) | Where an employer commits any of the following violations, he or she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Feb. 1, 2012; Nov. 28, 2017; Aug. 27, 2019; Sep. 8, 2020> |
| 1. | Where the employer fails to provide equal pay for equal-value work within the identical business, in violation of Article 8 (1); |
| 2. | Where the employer gives disadvantageous treatment to a person who reports the occurrence of sexual harassment on the job, a harassed person, etc., in violation of Article 14 (6); |
| 2-2. | Where the employer dismisses, or takes any disadvantageous measures against, an employee on grounds of paternity leave, in violation of Article 18-2 (5); |
| 3. | Where the employer dismisses, or takes any other disadvantageous measures against, an employee on grounds of childcare leave, in violation of Article 19 (3), or dismisses the relevant employee during the period of childcare leave although no ground provided for in the proviso of the same paragraph occurs; |
| 4. | Where the employer dismisses, or takes other disadvantageous measures against, an employee on grounds of a reduction of working hours for a period of childcare, in violation of Article 19-2 (5); |
| 5. | Where the employer applies unfavorable working conditions to an employee on reduced hours for a period of childcare, except for applying them in proportion to the working hours, on grounds of such reduction of working hours, in violation of Article 19-3 (1); |
| 6. | Where the employer dismisses the relevant employee, deteriorates his or her working conditions, or takes any other disadvantageous measures against him or her on grounds of family care leave or short-term family care leave (including cases where the period is extended pursuant to paragraph (4) 3 of the same Article), in violation of Article 22-2 (6); |
| 7. | Where the employer dismisses, or takes any disadvantageous measures against, an employee on grounds of a reduction of working hours, in violation of Article 22-3 (5); |
| 8. | Where the employer applies unfavorable working conditions to an employee on reduced hours, except for applying them in proportion to working hours, on grounds of the reduction of working hours for family care, etc., in violation of Article 22-4 (1). |
| (3) | Where an employer requests his or her employee on reduced hours for a period of childcare or for family care, etc. to work overtime although such employee has not requested such overtime work specifically, in violation of Article 19-3 (3) or 22-4 (3), he or she shall be punished by a fine not exceeding 10 million won. <Amended on Aug. 27, 2019> |
| (4) | Where an employer commits any of the following violations, he or she shall be punished by a fine not exceeding five million won: |
| 1. | Where the employer discriminates on grounds of gender in recruiting and employing an employee, or exhibits or demands physical conditions such as appearances, height or weight and unmarried status, which are not required for performing the relevant duties, in violation of Article 7; |
| 2. | Where the employer discriminates on grounds of gender in providing welfare, such as money, goods or similar thereto, or loans of funds, in order to support the livelihood of his or her employees except for wages, in violation of Article 9; |
| 3. | Where the employer discriminates on grounds of gender in education, assignment, and promotion of his or her employees, in violation of Article 10; |
| 4. | Where the employer fails to grant permission for childcare leave after receiving an application therefor, or fails to reinstate his or her employee in the same work as before the leave, or any other work paying the same level of wages after he or she uses childcare leave, in violation of Article 19 (1) and (4); |
| 5. | Where the employer fails to reinstate his or her employee in the same work as before a reduction of working hours for a period of childcare, or any other work paying the same level of wages after he or she completes a period for the reduction of working hours for a period of childcare, in violation of Article 19-2 (6); |
| 6. | Where the employer takes any disadvantageous personnel measures, etc. against the relevant employee on grounds that such employee has duly performed his or her duties as an honorary supervisor, in violation of Article 24 (3). |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 37 (Penalty Provisions) |
| (1) | Where an employer discriminates on grounds of gender in age limit, retirement and dismissal of his or her employees or concludes an employment contract that stipulates marriage, pregnancy, or childbirth of female employees as grounds for retirement in violation of Article 11, he or she shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won. |
| (2) | Where an employer commits any of the following violations, he or she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Feb. 1, 2012; Nov. 28, 2017; Aug. 27, 2019; Sep. 8, 2020; May 18, 2021> |
| 1. | Where the employer fails to provide equal pay for equal-value work within the identical business, in violation of Article 8 (1); |
| 2. | Where the employer gives disadvantageous treatment to a person who reports the occurrence of sexual harassment on the job, a harassed person, etc., in violation of Article 14 (6); |
| 2-2. | Where the employer dismisses, or takes any disadvantageous measures against, an employee on grounds of paternity leave, in violation of Article 18-2 (5); |
| 3. | Where the employer dismisses, or takes any other disadvantageous measures against, an employee on grounds of childcare leave, in violation of Article 19 (3), or dismisses the relevant employee during the period of childcare leave although no ground provided for in the proviso of the same paragraph occurs; |
| 4. | Where the employer dismisses, or takes other disadvantageous measures against, an employee on grounds of a reduction of working hours for a period of childcare, in violation of Article 19-2 (5); |
| 5. | Where the employer applies unfavorable working conditions to an employee on reduced hours for a period of childcare, except for applying them in proportion to the working hours, on grounds of such reduction of working hours, in violation of Article 19-3 (1); |
| 6. | Where the employer dismisses the relevant employee, deteriorates his or her working conditions, or takes any other disadvantageous measures against him or her on grounds of family care leave or short-term family care leave (including cases where the period is extended pursuant to paragraph (4) 3 of the same Article), in violation of Article 22-2 (6); |
| 7. | Where the employer dismisses, or takes any disadvantageous measures against, an employee on grounds of a reduction of working hours, in violation of Article 22-3 (5); |
| 8. | Where the employer applies unfavorable working conditions to an employee on reduced hours, except for applying them in proportion to working hours, on grounds of the reduction of working hours for family care, etc., in violation of Article 22-4 (1); |
| 9. | Where the employer dismisses, or provides any other disadvantageous treatment to, an employee, in violation of Article 29-7. |
| (3) | Where an employer requests his or her employee on reduced hours for a period of childcare or for family care, etc. to work overtime although such employee has not requested such overtime work specifically, in violation of Article 19-3 (3) or 22-4 (3), he or she shall be punished by a fine not exceeding 10 million won. <Amended on Aug. 27, 2019> |
| (4) | Where an employer commits any of the following violations, he or she shall be punished by a fine not exceeding five million won: <Amended on May 18, 2021> |
| 1. | Where the employer discriminates on grounds of gender in recruiting and employing an employee, or exhibits or demands physical conditions such as appearances, height or weight, and unmarried status, etc., which are not required for performing the relevant duties, in violation of Article 7; |
| 2. | Where the employer discriminates on grounds of gender in providing welfare, such as money, goods or similar thereto, or loans of funds, in order to support the livelihood of his or her employees except for wages, in violation of Article 9; |
| 3. | Where the employer discriminates on grounds of gender in education, assignment, and promotion of his or her employees, in violation of Article 10; |
| 4. | Where the employer fails to grant permission for childcare leave after receiving an application therefor, or fails to reinstate his or her employee in the same work as before the leave, or any other work paying the same level of wages after he or she uses childcare leave, in violation of Article 19 (1) and (4); |
| 5. | Where the employer fails to reinstate his or her employee in the same work as before a reduction of working hours for a period of childcare, or any other work paying the same level of wages after he or she completes a period for the reduction of working hours for a period of childcare, in violation of Article 19-2 (6); |
| 6. | Where the employer takes any disadvantageous personnel measures, etc. against the relevant employee on grounds that such employee has duly performed his or her duties as an honorary supervisor, in violation of Article 24 (3). |
[This Article Wholly Amended on Dec. 21, 2007]
[Enforcement Date: May 19, 2022] Article 37
| Article 38 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits a violation under Article 37, in connection with business of the corporation or the individual, not only shall such violator be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation. [This Article Wholly Amended on Feb. 4, 2010]
| Article 39 (Administrative Fines) |
| (1) | Where an employer commits sexual harassment on the job in violation of Article 12, he or she shall be punished by an administrative fine not exceeding 10 million won. |
| (2) | Where an employer commits any of the following violations, he or she shall be punished by an administrative fine not exceeding five million won: <Amended on Feb. 1, 2012; Nov. 28, 2017; Aug. 27, 2019; May 26, 2020; Sep. 8, 2020> |
| 1. | Deleted; <Nov. 28, 2017> |
| 1-2. | Where he or she fails to conduct sexual harassment prevention education, in violation of Article 13 (1); |
| 1-3. | Where he or she fails to post or keep the details of sexual harassment prevention education in a place at all times that can be readily accessed by employees, in violation of Article 13 (3); |
| 1-4. | Where he or she fails to conduct an investigation to verify whether sexual harassment on the job has occurred, in violation of the former part of Article 14 (2); |
| 1-5. | Where he or she fails to take necessary measures such as the change of the place where a harassed employee works, in violation of Article 14 (4); |
| 1-6. | Where he or she fails to take necessary measures, such as a disciplinary punishment or the change of the place where a person who has committed sexual harassment works, in violation of the former part of Article 14 (5); |
| 1-7. | Where he or she divulges confidential information he or she has obtained in the course of investigating sexual harassment which has occurred in the workplace to others, in violation of Article 14 (7); |
| 2. | Where the employer dismisses, or takes any other disadvantageous measures against, an employee on grounds of his or her claim that he or she suffered damage from sexual harassment by clients, etc. or of disregard for sexual demands from clients, etc., in violation of Article 14-2 (2); |
| 3. | Where the employer fails to grant leave although an employee has requested leave on grounds of his spouse's giving birth or fails to pay for the period of leave used, in violation of Article 18-2 (1); |
| 3-2. | Where he or she fails to grant a leave of absence for subfertility treatment, in violation of Article 18-3 (1); |
| 4. | Where the employer fails to grant a reduction of working hours for a period of childcare and to notify the relevant employee of the ground therefor in writing or fails to consult with the relevant employee as to whether to support him or her through use of childcare leave or other measures, in violation of Article 19-2 (2); |
| 5. | Where the employer fails to determine, in writing, the working conditions of an employee on reduced hours for a period of childcare, in violation of Article 19-3 (2); |
| 6. | Where the employer fails to grant a reduction of working hours for a period of childcare although he or she has received an application therefor, in violation of Article 19-2 (1); |
| 7. | Where the employer fails to grant family care leave although he or she has received an application therefor, in violation of Article 22-2 (1); |
| 8. | Where the employer fails to grant short-term family care leave although he or she has received an application therefor such leave, in violation of Article 22-2 (2) (including cases where the period is extended pursuant to paragraph (4) 3 of the same Article). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Nov. 28, 2017> |
| 1. | Deleted; <Nov. 28, 2017> |
| 1-2. | Where an employer fails to take appropriate measures, such as the change of the place of work, redeployment, or the granting of a paid leave of absence, in violation of Article 14-2 (1); |
| 2. | A person who fails to submit implementation plans, in violation of Article 17-3 (1); |
| 3. | A person who fails to submit the current status of male and female employees or submits the false current status thereof, in violation of Article 17-3 (2); |
| 4. | A person who fails to submit the performance results or submits false ones, in violation of Article 17-4 (1) (excluding where the person who has submitted implementation plans under Article 17-3 (3) fails to submit the performance results); |
| 5. | A person who fails to fully cooperate in all procedures such as preparation and verification of relevant documents, in violation of Article 18 (4); |
| 6. | A person who refuses to submit reports or relevant documents under Article 31 (1), or reports or submits false reports or relevant documents; |
| 7. | A person who refuses, obstructs, or evaded an inspection under Article 31 (1); |
| 8. | A person who fails to keep relevant documents for three years, in violation of Article 33. |
| (4) | Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010> |
| (5) | Deleted. <Jan. 28, 2016> |
| (6) | Deleted. <Jan. 28, 2016> |
| (7) | Deleted. <Jan. 28, 2016> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 39 (Administrative Fines) |
| (1) | Where an employer fails to comply with a corrective order that becomes final and conclusive pursuant to Article 29-3 (including where such Article applies mutatis mutandis in Articles 29-5 (4) and 29-6 (3)) without good cause, the employer shall be subject to an administrative fine not exceeding 100 million won. <Newly Inserted on May 18, 2021> |
| (2) | Where an employer commits sexual harassment on the job in violation of Article 12, he or she shall be punished by an administrative fine not exceeding 10 million won. <Amended on May 18, 2021> |
| (3) | Where an employer commits any of the following violations, he or she shall be punished by an administrative fine not exceeding five million won: <Amended on Feb. 1, 2012; Nov. 28, 2017; Aug. 27, 2019; May 26, 2020; Sep. 8, 2020; May 18, 2021> |
| 1. | Deleted; <Nov. 28, 2017> |
| 1-2. | Where he or she fails to conduct sexual harassment prevention education, in violation of Article 13 (1); |
| 1-3. | Where he or she fails to post or keep the details of sexual harassment prevention education in a place at all times that can be readily accessed by employees, in violation of Article 13 (3); |
| 1-4. | Where he or she fails to conduct an investigation to verify whether sexual harassment on the job has occurred, in violation of the former part of Article 14 (2); |
| 1-5. | Where he or she fails to take necessary measures such as the change of the place where a harassed employee works, in violation of Article 14 (4); |
| 1-6. | Where he or she fails to take necessary measures, such as a disciplinary punishment or the change of the place where a person who has committed sexual harassment works, in violation of the former part of Article 14 (5); |
| 1-7. | Where he or she divulges confidential information he or she has obtained in the course of investigating sexual harassment which has occurred in the workplace to others, in violation of Article 14 (7); |
| 2. | Where the employer dismisses, or takes any other disadvantageous measures against, an employee on grounds of his or her claim that he or she suffered damage from sexual harassment by clients, etc. or of disregard for sexual demands from clients, etc., in violation of Article 14-2 (2); |
| 3. | Where the employer fails to grant leave although an employee has requested leave on grounds of his spouse's giving birth or fails to pay for the period of leave used, in violation of Article 18-2 (1); |
| 3-2. | Where he or she fails to grant a leave of absence for subfertility treatment, in violation of Article 18-3 (1); |
| 4. | Where the employer fails to grant a reduction of working hours for a period of childcare and to notify the relevant employee of the ground therefor in writing or fails to consult with the relevant employee as to whether to support him or her through use of childcare leave or other measures, in violation of Article 19-2 (2); |
| 5. | Where the employer fails to determine, in writing, the working conditions of an employee on reduced hours for a period of childcare, in violation of Article 19-3 (2); |
| 6. | Where the employer fails to grant a reduction of working hours for a period of childcare although he or she has received an application therefor, in violation of Article 19-2 (1); |
| 7. | Where the employer fails to grant family care leave although he or she has received an application therefor, in violation of Article 22-2 (1); |
| 8. | Where the employer fails to grant short-term family care leave although he or she has received an application therefor such leave, in violation of Article 22-2 (2) (including cases where the period is extended pursuant to paragraph (4) 3 of the same Article); |
| 9. | Where the employer fails to respond to a demand by the Minister of Employment and Labor for submitting a status report on compliance with a corrective order without good cause, in violation of Article 29-4 (1) (including where such provision applies mutatis mutandis in Articles 29-5 (4) and 29-6 (3)). |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Aug. 28, 2017; May 18, 2021> |
| 1. | Deleted; <Nov. 28, 2017> |
| 1-2. | Where an employer fails to take appropriate measures, such as the change of the place of work, redeployment, or the granting of a paid leave of absence, in violation of Article 14-2 (1); |
| 2. | A person who fails to submit implementation plans, in violation of Article 17-3 (1); |
| 3. | A person who fails to submit the current status of male and female employees or submits the false current status thereof, in violation of Article 17-3 (2); |
| 4. | A person who fails to submit the performance results or submits false ones, in violation of Article 17-4 (1) (excluding where the person who has submitted implementation plans under Article 17-3 (3) fails to submit the performance results); |
| 5. | A person who fails to fully cooperate in all procedures such as preparation and verification of relevant documents, in violation of Article 18 (4); |
| 6. | A person who refuses to submit reports or relevant documents under Article 31 (1), or reports or submits false reports or relevant documents; |
| 7. | A person who refuses, obstructs, or evaded an inspection under Article 31 (1); |
| 8. | A person who fails to keep relevant documents for three years, in violation of Article 33. |
| (5) | Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010; May 18, 2021> |
| (6) | Deleted. <Jan. 28, 2016> |
| (7) | Deleted. <Jan. 28, 2016> |
[This Article Wholly Amended on Dec. 21, 2007]
[Enforcement Date: May 19, 2022] Article 39
ADDENDA <Act No. 6508, Aug. 14, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on November 1, 2001. |
| (2) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall govern the application of penalty provisions or administrative fines to the acts committed before this Act enters into force. |
| (3) | (Transitional Measures concerning Committee for Equal Opportunity of Employment) The Committee for Equal Opportunity of Employment that has been established pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Committee for Equal Opportunity of Employment pursuant to this Act. |
| (4) | (Relationship to Other Statutes) Where the provisions of the Act on the Equal Employment for Both Sexes are cited in other statutes or regulations as at the time this Act enters into force, and where corresponding provisions thereto exist in this Act, the corresponding provisions herein shall be deemed to have been cited in lieu of the previous provisions. |
ADDENDA <Act No. 7564, May 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2006. |
| (2) | (Applicability to Maternity Leave Benefits) The amended provisions of Article 18 (1) on maternity leave benefits, etc. shall begin to apply to the first female employee giving birth to a child, miscarrying or having a stillbirth after this Act enters into force. |
ADDENDA <Act No. 7822, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2006.
Article 2 (Transitional Measures concerning Application for Dispute Mediation)
| (1) | The previous provisions shall govern applications for dispute mediation received by the Committee for Equal Opportunity of Employment under the previous provisions as at the time this Act enters into force. |
| (2) | Notwithstanding the amended provisions of Articles 26 through 29, the Committee for Equal Opportunity of Employment under the previous provisions shall be deemed to have continued to exist, limited to dispute mediation under the provisions of paragraph (1). |
Article 3 (Transitional Measures concerning Lenient Requirement for Application for Childcare Leave)
The amended provisions of Article 19 shall begin to apply to infants born after January 1, 2008.
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8781, Dec. 21, 2007>
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 39 (2) 3 through 5 shall enter into force one year and six months after the date of its promulgation. Article 2 Omitted.
Article 3 (Relationships to Other Statutes or Regulations)
Where the previous Act on the Equal Employment for Both Sexes or its provisions are cited in other statutes or regulations as at the time this Act enters into force, and where corresponding provisions thereto exist in this Act, this Act or the corresponding provisions herein shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9795, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9998, Feb. 4, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Lenient Requirement for Application for Maternity Leave) The amended provisions of Article 19 shall apply to any of the following persons: |
| 1. | An employee having an infant who was born after January 1, 2008; |
| 2. | An employee having a child who was adopted after January 1, 2008. |
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11274, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That, regarding the business places with a regular workforce of less than 300 employees, the amended provisions of Articles 18-2, 22-2, 37 (2) 6, and 39 (2) 3 and 7 shall enter into force one year after the date of its promulgation. Article 2 (Applicability)
| (1) | The amended provisions of Article 18-2 (1) shall begin to apply to male employees who request leave on grounds of their spouse's childbirth after this Act enters into force. |
| (2) | The amended provisions of Article 19 (5) shall begin to apply to fixed-term employees or temporary agency workers who request childcare leave after this Act enters into force. |
| (3) | The amended provisions of Article 19-2 shall begin to apply to employees who apply for reduced working hours for a period of childcare after this Act enters into force. |
| (4) | The amended provisions of Article 22-2 shall begin to apply to employees who apply for family care leave after this Act enters into force. |
Article 3 Omitted.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 12244, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 17-5 through 17-9 shall enter into force on January 1, 2015. Article 2 (Applicability concerning Publication of List of Employer Failing to Implement Proactive Employment Improvement Measures)
The amended provisions of Article 17-5 shall begin to apply to cases where an implementation plan is submitted after this Act enters into force. Article 3 (Applicability concerning Lenient Requirement for Application for Childcare Leave)
The amended provisions of Article 19 (1) shall begin to apply to employees who apply for childcare leave after this Act enters into force. Article 4 Omitted.
ADDENDUM <Act No. 12628, May 20, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13043, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13932, Jan. 28, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15109, Nov. 28, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16271, Jan. 15, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16413, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 16558, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2019: Provided, That the amended provisions of Articles 22-2, 37 (2) 6, and 39 (2) 8 shall enter into force on January 1, 2020. Article 2 (Applicability to Reduced Working Hours for Family Care)
The amended provisions of Articles 22-3, 22-4, 37 (2) 7 and 8, and 37 (3) shall apply on the dates specified as follows: | 1. | Business or business places with a regular workforce of at least 300 employees, public institutions under Article 4 of the Act on the Management of Public Institutions, local government-invested public corporations or local public agencies under Article 49 or 76 of the Local Public Enterprises Act, institutions or organizations in or to which the State, a local government or a government-invested institution makes an investment of at least 1/2 of their capital or a contribution of at least 1/2 of their endowment, institutions or organizations in or to which the abovementioned institutions or organizations make an investment of at least 1/2 of their capital or a contribution of at least 1/2 of their endowment, and institutions of the State or local governments: January 1, 2020; |
| 2. | Business or business places with a regular workforce of between 30 and less than 300 employees: January 1, 2021; |
| 3. | Business or business places with a regular workforce of less than 30 employees: January 1, 2022. |
Article 3 (Applicability to Paternity Leave)
The amended provisions of Articles 18, 18-2, 37 (2) 2-2, and 39 (2) 3 shall begin to apply to employees who use paternity leave after this Act enters into force. Article 4 (Applicability to Childcare Leave and Reduced Working Hours for Period of Childcare)
The amended provisions of Articles 19-2 and 19-4 shall begin to apply to employees who use childcare leave or reduce working hours for a period of childcare after this Act enters into force.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17489, Sep. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Article 2 (Applicability to Short-Term Family Care Leave)
The amended provisions of Article 22-2 shall also apply to employees who use all of short-term family care leaves on and after January 1, 2020 pursuant to the previous provisions.
ADDENDA <Act No. 17602, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Childcare Leaves)
The amended provisions of Article 19-4 (1) shall also apply to a person who has taken a childcare leave or on childcare leave pursuant to the previous provisions as at the time this Act enters into force.
ADDENDA <Act No. 18178, May 18, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 31-2 (2) shall enter into force on the date of the promulgation; the amended provisions of Articles 7 (2) and 37 (4) 1, three months after the date of the promulgation; and the amended provisions of the main clause of Article 19 (1) and latter part of Article 19-4 (1), six months after the date of the promulgation. Article 2 (Applicability to Request for Correction of Discriminatory Treatment)
The amended provisions of Article 26 shall begin to apply to discriminatory treatment, etc. (including discriminatory treatment, etc. that occurred before this Act enters into force and continues on and after the date this Act enters into force) given on and after the date this Act enters into force.