The purpose of this Decree is to prescribe matters mandated by the Gender Impact Assessment Act and matters necessary for the enforcement thereof. <Amended on Aug. 14, 2018>
| Article 2 (Selection of policies subject to gender impact assessment) |
| (1) | When the heads of central administrative agencies and the heads of local governments select policies, projects, etc. subject to gender impact assessment (hereinafter referred to as "policies subject to assessment") pursuant to Article 5 of the Gender Impact Assessment Act (hereinafter referred to as the "Act"), they shall be any of the following; provided, in cases falling under subparagraphs 2 through 4, they shall have a significant effect on gender quality: <Amended on Sep. 19, 2017; Aug. 14, 2018> |
| 1. | Statutes or regulations enacted or amended by the head of a central administrative agency or the head of a local government (referring to statutes, Presidential Decrees, Ordinances of the Prime Minister, Ordinances of Ministries, and municipal ordinances and rules); |
| 2. | Plans formulated at least every three years pursuant to statutes; |
| 3. | Projects implemented by the head of a central administrative agency as major policies of the relevant central administrative agency; |
| (2) | Notwithstanding paragraph (1), statutes or regulations, plans, or projects falling under any of the following subparagraphs may be excluded from policies subject to assessment: <Amended on Aug. 14, 2018> |
| 1. | Where the direct purpose is to improve the status of women or to realize gender equality; |
| 2. | Where it is virtually impossible to distinguish a policy’s effect based on gender, such as only indirect effect on people or such effect being extremely broad; |
| 3. | Where it relates to the internal operation and management of the State or local governments, such as the organization and procedures for handling business affairs; |
| 4. | Other cases where it is clear that the policy has no effect on gender equality or where it is deemed that there is a compelling reason that makes it impossible to conduct a gender impact assessment. |
[Title Amended on Aug. 14, 2018]
| Article 3 (Notification of guidelines for gender impact assessment) |
The Minister of Gender Equality and Family shall prescribe guidelines for matters necessary for conducting gender impact assessment, such as the selection of policies subject to assessment under Article 2 and methods of gender impact assessment, and shall notify the heads of central administrative agencies and the heads of local governments of such guidelines. <Amended on Aug. 14, 2018> [Title Amended on Aug. 14, 2018]
| Article 4 (Timing for gender impact assessment) |
The heads of central administrative agencies and the heads of local governments shall conduct gender impact assessment of policies subject to such assessment at the time classified as follows; provided, where necessary for the interim assessment, improvement, etc. of policies subject to assessment, the assessment may be conducted even while the policies subject to such assessment are being implemented: <Amended on Sep. 19, 2017; Aug. 14, 2018; Dec. 16, 2021>
| 1. | Enactment or amendment of statutes or regulations, Presidential Decrees, Ordinances of the Prime Minister, or Ordinances of Ministries under Article 2 (1) 1: Before the Ministry of Government Legislation examines statutes or regulations; |
| 3. | Plans or projects under Article 2 (1) 2 and 3: Before the relevant plan is formulated or the relevant project is implemented; |
[Title Amended on Aug. 14, 2018]
| Article 5 (Preparation of reports on gender impact assessment) |
A report on gender impact assessment prepared by the head of a central administrative agency and the head of a local government pursuant to Article 8 (1) of the Act shall include the following matters: <Amended on Aug. 14, 2018> | 1. | Objectives and outlines of polices subject to assessment; |
| 2. | Gender characteristics of the policy environment, such as gender ratio of persons subject to the policy; |
| 3. | Measures necessary for gender equality. |
[Title Amended on Aug. 14, 2018]
| Article 6 (Submission of results of gender impact assessment) |
The head of a central administrative agency and the head of a local government shall submit to the Minister of Gender Equality and Family the results of gender impact assessment for the previous year and the results of reflecting such assessment in their policies by the end of February each year pursuant to Article 9 (1) of the Act. In such cases, with respect to policies subject to assessment involving budget execution, the submission shall be accompanied by a gender-sensitive budget for the relevant fiscal year. <Amended on Aug. 14, 2018> [Title Amended on Aug. 14, 2018]
| Article 7 (Procedures and methods of specific gender impact assessment) |
If the Minister of Gender Equality and Family intends to conduct a specific gender impact assessment under Article 10 of the Act (hereinafter referred to as "specific gender impact assessment"), he or she shall select subjects of such assessment after deliberation and coordination by the central committee on gender impact assessment under Article 10; provided, where it is deemed urgently necessary to conduct a specific gender impact assessment in consideration of the impact on the improvement of women's status and the realization of gender equality, he or she need not undergo deliberation and coordination by the committee under Article 10. <Amended on Aug. 3, 2015; Aug. 14, 2018> [Title Amended on Aug. 14, 2018]
| Article 8 (Methods of recommending improvement and expressing opinions) |
| (1) | If the Minister of Gender Equality and Family makes a recommendation for improvement or expresses his or her opinion under the main clause of Article 11 (1) of the Act, he or she shall specify the following matters: |
| 1. | Current status of and problems with relevant statutes or regulations, policies, and projects; |
| 2. | Details of recommendations for improvement or opinions expressed; |
| 3. | Where a recommendation for improvement is made, the deadline for taking measures for improvement. |
| (2) | If the Minister of Gender Equality and Family intends to determine the deadline for taking measures under the proviso of Article 11 (1) of the Act, he or she shall take into consideration the difficulty level of recommendations for improvement, the period required for enacting or amending statutes or regulations, etc. |
[This Article Wholly Amended on Sep. 19, 2017]
| Article 9 (Submission and publication of comprehensive analysis reports) |
| (1) | The Minister of Gender Equality and Family shall submit a comprehensive analysis report under Article 12 (1) of the Act to the National Assembly before the opening of its regular session each year. <Amended on Sep. 18, 2014> |
| (2) | Pursuant to Article 12 (2) of the Act, the Minister of Gender Equality and Family shall publish a comprehensive analysis report under paragraph (1) by posting it in the Official Gazette or on the Ministry’s website. <Newly Inserted on Sep. 18, 2014> |
[Title Amended on Sep. 18, 2014]
| Article 10 (Composition of central committee on gender impact assessment) |
| (1) | The central committee on gender impact assessment under Article 13 of the Act (hereinafter referred to as the "Central Committee") shall be comprised of not more than 15 members, including 1 chairperson. <Amended on Aug. 3, 2015; Aug. 14, 2018> |
| (2) | The Vice Minister of Gender Equality and Family shall serve as the chairperson of the Central Committee (hereinafter referred to as the "chairperson"), and the following persons shall serve as members thereof: <Amended on Mar. 23, 2013; Nov. 19, 2014; Aug. 3, 2015; Jul. 26, 2017; Sep. 19, 2017; Aug. 14, 2018> |
| 1. | Officers responsible for gender impact assessment under Article 12, who belong to the Ministry of Economy and Finance, the Ministry of Education, the Ministry of the Interior and Safety, the Ministry of Gender Equality and Family, the Office for Government Policy Coordination, and the Ministry of Government Legislation; |
| 2. | Persons commissioned by the Minister of Gender Equality and Family not exceeding 8 persons in consideration of gender, from among persons with expert knowledge of and experience in gender impact assessment. |
| (3) | The term of office of a member commissioned pursuant to paragraph (2) 2 shall be 2 years; provided, the term of office of a member newly commissioned due to the resignation, etc. of a member shall be the remainder of his or her predecessor's term of office. |
| (4) | The chairperson may, if deemed necessary, have relevant public officials of central administrative agencies and local governments attend meetings of the Committee. |
[Title Amended on Aug. 3, 2015; Aug. 14, 2018]
| Article 11 (Operation of central committee) |
| (1) | The chairperson shall convene and preside over meetings of the Central Committee. <Amended on Aug. 3, 2015> |
| (2) | If the chairperson intends to convene a meeting, he or she shall notify the members of the Central Committee and public officials attending the meeting pursuant to Article 10 (4) of the date, time, venue, and place of the meeting and agenda items for deliberation in writing before holding the meeting. <Amended on Aug. 3, 2015> |
| (3) | A majority of the members of the Central Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Aug. 3, 2015> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the operation of the Central Committee shall be determined by the chairperson following a resolution thereby. <Amended on Aug. 3, 2015> |
[Title Amended on Aug. 3, 2015]
| Article 12 (Designation and business affairs of officers responsible for gender impact assessment and persons in charge) |
| (2) | Pursuant to Article 14 (1) of the Act, the head of a central administrative agency shall designate a person in charge from among the employees of Grade V or a corresponding position in the department related to the implementation of gender impact assessment. <Amended on Aug. 14, 2018> |
| (3) | Pursuant to Article 14 (1) of the Act, the head of a local government shall designate a person in charge from among the employees of Grade VI or equivalent grade (in cases of a Si/Gun/autonomous Gu, referring to Grade VII or higher or equivalent grade) of a department related to the implementation of gender impact assessment. <Amended on Aug. 14, 2018> |
| (4) | If the head of a central administrative agency or the head of a local government designates or changes an officer responsible for gender impact assessment or a person in charge, he or she shall notify the Minister of Gender Equality and Family of the details of such designation or change. <Amended on Aug. 14, 2018> |
| (5) | The business affairs of a person in charge designated pursuant to paragraph (2) or (3) shall be as follows: <Amended on Aug. 14, 2018> |
| 1. | Management of the current status of policies subject to gender impact assessment selected under Article 5 of the Act; |
| 2. | Assistance in conducting gender impact assessment and preparing reports on gender impact assessment under Article 6 of the Act; |
| 3. | Assistance in reflecting the results of gender impact assessment in relevant policies and in preparing gender-sensitive budget and gender-sensitive fund management plans under Article 9 of the Act; |
| 4. | Assistance in formulating and implementing improvement plans under Article 11 (2) of the Act; |
| 5. | Assistance in operating education programs on gender impact assessment under Article 15 of the Act; |
| 6. | Assistance with matters regarding gender impact assessment by affiliated agencies, such as the consolidation and coordination of affairs related to gender impact assessment and inspection of performance records. |
[This Article Wholly Amended on Sep. 19, 2017]
[Title Amended on Aug. 14, 2018]
| Article 13 (Education on gender impact assessment) |
| (1) | The head of a central administrative agency and the head of a local government shall require public officials related to gender impact assessment to participate in education on gender impact assessment under Article 15 of the Act at least once a year. <Amended on Aug. 14, 2018> |
| (2) | The head of a central administrative agency and the head of a local government shall submit the results of education on gender impact assessment conducted pursuant to Article 15 (1) of the Act for the previous year to the Minister of Gender Equality and Family by the end of February each year. <Newly Inserted on Aug. 3, 2015; Aug. 14, 2018> |
| (3) | The Minister of Gender Equality and Family may provide the heads of central administrative agencies and the heads of local governments with support necessary for providing education under paragraph (1). <Amended on Aug. 3, 2015> |
[Title Amended on Aug. 14, 2018]
| Article 14 (Designation of gender impact assessment agencies) |
| (1) | Deleted. <Sep. 19, 2017> |
| (2) | A gender impact assessment agency under Article 17 (1) of the Act (hereafter in this Article referred to as “assessment agency”) shall perform the following affairs: <Amended on Aug. 14, 2018> |
| 1. | Offering counseling and advice on gender impact assessment; |
| 2. | Offering counseling and advice on the selection of policies subject to assessment and incorporation of the results of gender impact assessment into relevant policymaking; |
| 3. | Other affairs deemed necessary by the Minister of Gender Equality and Family in connection with gender impact assessment. |
| (3) | Deleted. <Sep. 18, 2014> |
| (4) | The criteria for designating assessment agencies under Article 17 (2) of the Act shall be as follows: <Amended on Sep. 18, 2014; Aug. 14, 2018> |
| 1. | Research experience related to gender impact assessment or gender-sensitive budget; |
| 2. | The level of securing specialized human resources related to gender impact assessment or gender-sensitive budget; |
| 3. | Faithfulness and feasibility of plans for performing the affairs under the subparagraphs of paragraph (2). |
| (5) | The Minister of Gender Equality and Family shall examine the appropriateness of the criteria for designation under paragraph (4) every three years, counting from July 1, 2014 (referring to the period that ends on the day before June 30 of every third year) and shall take measures, such as making improvements. <Newly Inserted on Sep. 18, 2014> |
[Title Amended on Aug. 14, 2018]
ADDENDA <Presidential Decree No. 23656, Mar. 13, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on March 16, 2012.
Article 2 (Applicability to analysis and assessment)
| (1) | The provisions of subparagraphs 1 and 2 of Article 4 shall begin to apply to legislative bills pre-announced for legislation after this Decree enters into force. |
| (2) | The provisions of subparagraph 3 of Article 4 shall begin to apply to plans formulated after this Decree enters into force. |
| (3) | The provisions of subparagraph 4 of Article 4 shall begin to apply to unit projects in local governments’ expenditure budget bill for 2013. |
ADDENDA <Presidential Decree No. 24446, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25616, Sep. 18, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees, among those amended under Article 5 of this Addenda, promulgated before this Decree enters into force but the enforcement dates have yet to arrive, shall enter into force on the respective enforcement dates of the relevant Presidential Decrees. Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26469, Aug. 3, 2015>
This Decree shall enter into force on August 4, 2015.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees which were promulgated before this Decree enters into force but the enforcement dates of which have not yet arrived among the Presidential Decrees amended pursuant to Article 8 of the Addenda shall enter into force on the respective enforcement dates of such Presidential Decrees. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28320, Sep. 19, 2017>
This Decree shall enter into force on September 22, 2017.
ADDENDA <Presidential Decree No. 29095, Aug. 14, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 28, 2018.
Article 2 (Transitional measures concerning change of name of central committee on gender impact analysis and assessment)
Persons appointed or commissioned as members of the central committee on gender impact analysis and assessment under the previous provisions of Article 10 as at the time this Decree enters into force shall be deemed appointed or commissioned as members of the central committee on gender impact assessment under the amended provisions of Article 10. Article 3 Omitted.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.