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2002-10-28 15:10:27, 조회 : 67 |
Gender Discrimination Prevention and Relief Act
Chapter 1. General Provisions
Article 1 (Purpose)
The purpose of this Act is, in accordance with the principle of gender equality stated in the Constitution, to prevent gender discrimination in employment, education, and the provision and utilization of goods, facilities, and services and in the enforcement of laws and policies and to realize gender equality in every sector of society by protecting the interests and enforcing the rights of victims.
Article 2 (Definitions)
The definitions of terms used in this Act are as follows:
(1) "gender discrimination" is defined as all forms of differentiation, exclusion, or limitation, made without any
justifiable reason on the basis of one's sex, in the recognition, enjoyment or exercise of basic human
rights in any political, economic, social, and cultural sectors.
(2) "sexual harassment" means that, in business, employment, and other relations, employers and
employees of public institutions cause the sense of being sexually humiliated or insulted by using their
positions or any sexual language or act in relation to business or give disadvantage in employment by
reason of refusal to respond to such sexual language or act and other sexual demands.
(3) "public institutions" is defined as government agencies, local autonomous bodies, and other public
organizations designated by presidential decree.
(4) "employer" is defined as a business proprietor, those responsible for the management of a business, or
others who act on behalf of a business proprietor in matters related to employees.
Chapter 2. Prohibition of Gender Discrimination
Article 3 (Prohibition of Gender Discrimination in Employment)
Public institutions and employers shall ensure gender equality in employment opportunities and treatment and may not practice gender discrimination in the recruitment, promotion, transfer, dismissal, and retirement of employees.
Article 4 (Prohibition of Gender Discrimination in Education)
Public institutions and employers may not practice gender discrimination in the opportunities, conditions, and methods of education.
Article 5 (Prohibition of Gender Discrimination in the Provision and Utilization of Goods, Facilities, Services,
etc.)
Public institutions and employers may not practice gender discrimination in the provision and utilization of goods, facilities, services, etc.
Article 6 (Prohibition of Gender Discrimination in the Enforcement of Laws and Policies)
Public institutions may not practice gender discrimination in the performance of duties or the exercise of authority and the enforcement of laws and policies.
Article 7 (Prohibition of Sexual Harassment)
1. Employees and employers of public institutions may not engage in sexual harassment.
2. The employer and director of a public institution shall, in accordance with presidential decree, develop
measures to prevent sexual harassment, such as the provision of educational programs.
3. Sexual harassment shall be regarded as a form of gender discrimination.
Article 8 (Exception to the Prohibition of Gender Discrimination)
Correctional measures to facilitate gender equality prescribed under other laws shall not be regarded as gender discrimination under this Act.
Chapter 3. Responsible Authority
Article 9 (Jurisdiction over Redressing Gender Discrimination)
1. The investigation of and/or reparation recommendation for gender discrimination cases and other matters
concerning redressing gender discrimination shall be performed by the Presidential Commission on
Women's Affairs (hereinafter referred to as the "Commission") in accordance with Article 18, Paragraphs 1
and/or 3 of the Government Structure Law.
2.A working-level committee which will handle the business of redressing gender discrimination, delegated by
the Commission, shall be established under the Commission and the matters necessary for the formation
and administration of the committee and the qualifications of committee members shall be established by
presidential decree.
Article 10 (Function)
The functions of the Commission in relation to the business of redressing gender discrimination shall be as follows.
(1) The Commission shall investigate gender discrimination cases (i.e. demand information regarding such
matters.)
(2) The Commission shall determine whether a concerned case is a gender discrimination case, and
arbitrate, report, and make a reparation recommendation for such a case.
(3) The Commission shall make recommendations or express its opinions to reform gender discriminatory
laws, institutions, or policies.
(4) The Commission shall demand a report on the results of actions taken under subsections (2) and (3)
above.
(5) The Commission shall establish and distribute standards for the prohibition of gender discrimination and
guidelines for reparation.
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Article 11 (Classification of Meetings)
1. Meetings held by the Commission shall be classified as follows: a meeting composed of all the members
of the Commission (hereinafter referred to as a "plenary meeting"); and a meeting composed of the
Commissioner or a standing member of the Commission and not more than 4 non-standing members
(hereinafter referred to as a "sub-meeting").
2. A sub-meeting shall be held in each sector to address matters under its supervision.
Article 12 (Matters under the Supervision of Plenary Meetings and Sub-Meetings)
1. A plenary meeting shall deliberate and make resolutions on matters described in the following subsections.
(1) Matters related to the functions of the Commission prescribed in Article 10.
(2) Establishment of standards for the prohibition of gender discrimination and guidelines for
reparation.
(3) Matters which require a change in the previous decisions and opinions made by the
Commission.
(4) Matters which a sub-meeting fails to resolve or decides to have a plenary meeting handle.
(5) Other matters which, a plenary meeting determines, are necessary for itself to handle.
2. A sub-meeting shall deliberate and make resolutions on matters other than those described in any of the
subsections of Paragraph 1 above.
Article 13 (Deliberation and Quorum of a Meeting)
1. Deliberations of a plenary meeting shall be presided over by the Commissioner and a standing member
designated by the Commissioner, and a resolution shall be made by the majority of the members enrolled.
2. Deliberations of a sub-meeting shall be presided over by the Commissioner or a standing member, and a
resolution shall be made with all the members of the sub-meeting present and by unanimous agreement of
the members present.
Article 14 (Signing and Sealing a Resolution)
When the Commission makes a resolution under this Act, it shall prepare a written resolution statement, clarifying the reasons behind the resolution, and the members who have participated in the preparation of the resolution shall sign and seal the statement.
Article 15 (Disqualification, Challenge and Removal of a Member)
1. A member shall be disqualified from the deliberation and resolution of cases which fall under any of the
following subsections.
(1) Cases in which the member himself/herself or his/her spouse/ex-spouse constitutes an
interested party or an owner of joint rights or joint responsibility.
(2) Cases in which the Commission member is a family member or a blood relative of an
interested party or a legal or business counselor, consultant, etc.
for the interested party.
(3) Cases in which the member offers testimony or opinions as an expert.
(4) Cases in which the member is or has been engaged as a representative for an interested
party.
2. When circumstances exist which render fair deliberations and resolution by a member impossible, the
person(s) who has made a motion in relation to gender discrimination and the concerned public institution
or its employer may move to challenge the concerned member.
3. The Commissioner shall decide on the motion for challenge under Paragraph 2 above without a resolution
by the Commission. However, if the concerned member, public institution, or its employer raises an
objection against the decision, the plenary meeting shall make a resolution on the matter.
4. A member may remove himself/herself from deliberation and resolution of a case in which he/she falls
under any of the subsections of Paragraph 1 or Paragraph 2.
Article 16 (Executive Secretary)
1. An executive secretary who shall be responsible for the business of redressing gender discrimination shall
be appointed by the Commission.
2. The Commissioner shall appoint an executive secretary from among the group of civil servants affiliated
with the Commission.
Article 17 (Dispatch of a Civil Servant, etc.)
1. The Commissioner may, when determining that it is necessary for the Commission to perform its duties,
demand government agencies, local autonomous bodies and educational institutions or organizations to
dispatch civil servants or employees.
2. The head of an institution or organization to which a demand for the dispatch of civil servants is made as
prescribed in Paragraph 1 may dispatch their civil servants or employees to the Commission after
consultation with the Commission.
3. Civil servants or employees dispatched to the Commission under Paragraph 2 above shall, independent of
their affiliated institutions or organizations, perform duties as required by the Commission.
4. The head of institutions or organizations which dispatch their civil servants or employees to the
Commission under Paragraph 2, should not disadvantage them in personnel management and treatment.
Article 18 (Experts)
1. The Commissioner may hire not more than two experts, as may be necessary, who will carry out a
professional investigation/study on the Commission's business of redressing gender discrimination.
2. Experts described in Paragraph 1 above shall be appointed by the Commissioner.
Article 19 (Legal Fiction of Civil Servants in the Imposition of Punishment)
Commission members and experts who are not civil servants shall be regarded as civil servants when a punishment under criminal law or other laws is imposed in relation to the business of redressing gender discrimination.
Article 20 (Standing Rules of the Commission)
Matters which are necessary for the operation of the Commission and are not prescribed in this Act shall be established by the standing rules of the Commission.
Chapter 4. Procedures for Investigation, etc.
Article 21 (Motion for Reparation in Gender Discrimination Cases, etc)
1. Victims of gender discrimination, which is a violation in accordance with Articles 3 and/or 7 (limited to a
natural person), may file a motion for reparation under this Act with the Commission.
2. A motion for reparation in gender discrimination cases under Paragraph 1 shall be made in an oral or
written statement stating the matters described in the following subsections.
(1) Name and address of the mover.
(2) Purpose and reason of the motion and the facts supporting a case of gender discrimination.
(3) Other matters prescribed by presidential decree.
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Article 22 (Investigation of Gender Discrimination Cases)
1. The Commission, when receiving a motion for reparation in gender discrimination cases, shall immediately
investigate the facts of gender discrimination, except for cases which come under any of the following
subsections.
(1) When a year has passed since the occurrence of facts which support a claim of gender
discrimination.
(2) When the alleged acts of gender discrimination clearly prove, by themselves, false, or when
it is acknowledged that there is no justifiable reason for the motion.
(3) When a case has already been resolved or is being processed under other laws.
(4) When it is acknowledged that the investigation by the Commission is inappropriate.
2. When significant evidence exists to establish grounds for a gender discrimination case, the Commission
may, ex officio, conduct a necessary investigation.
3. The Commission may transfer a gender discrimination case to another institution when it judges that it is
appropriate for the other institution to handle the case. In such an instance, the method, procedure, and
other necessary matters for the transfer shall be prescribed by presidential decree.
4. In cases where the Commission has already initiated an investigation, it may end the investigation when it
determines that it is no longer necessary to continue.
5. The Commission shall send a notice to a mover, with reasons attached, in the following instances: when it
does not investigate a reported gender discrimination case in accordance with the conditional clause of
Paragraph 1; when it transfers a case to another institution under Paragraph 3; or when it ends an
investigation under Paragraph 4.
6. An investigation under Paragraph 1 shall be completed within ninety days from the receipt of a reparation
motion unless there are special circumstances prescribed by presidential decree.
Article 23 (Methods of Investigation)
1. The Commission may, when determining that it is necessary for an investigation under Article 22, take the
measures described in the following subsections.
(1) The Commission may demand a public institution or its employer provide an explanation or
submit related materials and documents.
(2) The Commission may demand a mover, interested party or witness attend or state his/her
opinions.
(3) The Commission may appoint an expert witness and request his/her opinions.
2. The Commission may, when determining that it is necessary for the performance of its duties, have its
employees or experts make an on-the-spot investigation or listen to a statement by a mover, interested
party or witness at a designated place.
3. An employee or expert of the Commission shall, when performing duties under Paragraph 2, show his/her
identification card stating his/her authority to a concerned public institution or its employer.
Article 24 (Investigation Limitations and Reference to Necessary Facts)
1. The Commission may not demand an explanation or submission of related materials, documents, etc. or
an on-the-spot investigation under Article 23, Paragraph 1, subsections (1) and (2) and Paragraph 2 from
the head or employer of a concerned public institution, if he/she submits to the Commission a written
confirmation stating that opening the concerned materials, documents, etc. to the public may harm
important national interests, such as national security, defense, reunification or diplomatic relations.
2. In cases where the Commission may not demand the submission of materials, documents, etc. or conduct
an on-the-spot investigation of such materials, documents, etc. under Paragraph 1 above, but it
acknowledges that the submission and investigation is necessary, the Commission may refer to the head
or employer of a concerned public institution and demand confirmation of the necessary facts.
Article 25 (Recommendation for a Mutual Agreement)
When the Commission determines that, during the investigation of a reparation motion, a concerned case is a gender discrimination case, it may recommend a mutual agreement between the mover and the person against whom the motion was filed.
Article 26 (Initiation of an Arbitration Procedure)
1. The Commission may, when a mutual agreement, recommended under Article 25, between a mover and a
person against whom a motion has been filed has not been reached, submit the concerned reparation
motion to arbitration.
2. A mover and a person against whom a motion has been filed may, when they fail to reach a mutual
agreement recommended under Article 25, file a motion for arbitration with the Commission.
3. The Commission shall immediately initiate an arbitration procedure when a submission or motion is made
under Paragraphs 1 and 2 is made.
4. Matters necessary for an arbitration procedure shall be prescribed by presidential decree.
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Article 27 (Arbitration)
Arbitration shall be concluded when a mover and a person against whom a motion has been filed sign and seal the arbitration statement and the Commission confirms it after the facts agreed between the mover and the
person against whom the motion was filed are recorded in the statement. In such cases, it shall be deemed that a mutual agreement which has the same contents as the arbitration statement has been reached.
Article 28 (Recommendation for Reparation Measures and Expression of Opinions)
1. When the Commission, as a result of an investigation under Article 22, determines that there are significant
reasons to acknowledge a concerned case as a gender discrimination case, it shall recommend
measures necessary for reparation to the head or employer of a concerned public institution.
2. Reparation measures under Paragraph 1 shall be as follows.
(1) Cessation of all acts of gender discrimination.
(2) Restoration of an original state, compensation for damage, and other necessary measures
of redress.
(3) Education and development of countermeasures to prevent recurrence.
(4) Publication in the advertisement section of daily newspapers.
(5) Other measures prescribed under presidential decree.
3. When the Commission, while conducting an investigation into or making a decision in gender discrimination
cases, acknowledges the need to reform laws, institutions or policies or identifies unjust acts or facts which
are likely to be in violation of the provisions of this Act, it may recommend reasonable improvement or
express its opinions to the head or employer of a concerned public institution.
Article 29 (Provision of Opportunities to Submit Opinions)
The Commission shall, before recommending reparation measures to the head or employer of a public institution under Article 28, Paragraph 1, give an opportunity to submit opinions to the head or employer of the concerned public institution, a mover, or an interested party.
Article 30 (Notification of a Decision)
The Commission shall notify a mover and the head or employer of a concerned public institution of the decision on a motion for the reparation of gender discrimination.
Article 31 (Reporting of Disposition Results)
1. The head or employer of a public institution, who has been notified of the recommendation for reparation
measures or improvement, or opinions under Article 28, shall respond to the recommendation or opinions
unless he/she can show a special reason for not responding to them.
2. The head or employer of a public institution under Paragraph 1 shall notify the Commission of disposition
results within thirty days from the day of receiving the notification of recommendation for reparation
measures or improvement, or opinions
3. The Commission shall, when being notified of disposition results under Paragraph 2, notify a mover of such
results.
Article 32 (Objection)
1. A person who is dissatisfied with a recommendation for reparation measures made by the Commission
may lodge an objection to the Commission, with reasons for dissatisfaction furnished, within thirty days
from the day of receiving the disposition notification
2. The Commission shall make a ruling on the objection under Paragraph 1 within thirty days. However, if it is
impossible to make a ruling within that period due to unavoidable circumstances, the Commission may
decide to extend the period for not longer than thirty days.
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Article 33 (Public Announcement)
The Commission may announce the results of a recommendation for reparation measures or improvement, or opinions under Article 28 and the disposition under Article 31, Paragraph 2, unless other laws limit the announcement or the privacy of the persons involved would be violated.
Article 34 (Reporting)
The Commission may report a case to a competent investigating agency when they determine, based on the investigation results of a gender discrimination case, that criminal punishment provisions of related laws have been violated.
Article 35 (Sponsoring of Litigation)
1. The Commission may, when a case is determined to be a gender discrimination case as prescribed in
Article 28, sponsor litigation from the Women's Development Fund under Article 30 of the Basic Law for the
Advancement of Women.
2. Conditions and procedures for litigation sponsored by the Commission under Paragraph 1 shall be
prescribed by presidential decree.
Chapter 5. Supplementary Provisions
Article 36 (Reporting to the National Assembly)
1. The Commission shall submit an annual report on the redress of gender discrimination cases and other
activities during the previous year to a regular session of the National Assembly annually.
2. Matters necessary for the preparation of an annual report under Paragraph 1 shall be prescribed by
presidential decree.
Article 37 (Request for Cooperation)
The Commission may, when it is necessary for the performance of its duties, request a public institution to cooperate in such matters as the submission of materials, etc. In such an instance, the public institution which has received a request shall answer the request unless there is a justifiable reason against taking such action.
Article 38 (Penal Regulations)
A person who obstructs an on-the-spot investigation under Article 23, Paragraph 2 without any justifiable reason shall be punished by not longer than 2 years of imprisonment or not more than 10 million won in fines.
Article 39 (Fine for Negligence)
1. A person who falls under any of the following subsections shall be punished with not more than 10 million
won in a negligence fine.
(1) A person who, in violation of Article 23, Paragraph 1, subsection (1), refuses to submit
related materials, documents, etc. or submits false materials, documents, etc.
(2) A person who, in violation of Article 23, Paragraph 1, subsection (2), fails to attend, etc.
without any justifiable reason.
(3) A person who, in violation of Article 23, Paragraph 2, refuses or evades an on-the-spot
investigation.
2. When an expert witness commissioned under Article 23, Paragraph 1, subsection (3) provides a false
appraisal, he/she shall be punished with a negligence fine of not more than 5 million won
3. A negligence fine under Paragraph 1 or 2 shall be imposed and collected by the Commission in
accordance with presidential decree.
4. A person who is dissatisfied with the disposition of a negligence fine under Paragraph 3 may raise an
objection to the Commission within thirty days from the day when he/she is notified of the disposition.
5. When a person who is subject to the disposition of a negligence fine under Paragraph 3 raises an objection
under Paragraph 4, the Commission shall immediately notify a competent court of the objection, and the
notified court shall render judgement on the negligence fine in accordance with the Procedural Law on
Non-litigation Cases.
6. If no objection is filed within the period prescribed in Paragraph 4, and a negligence fine is not paid, the fine
shall be collected in accordance with the examples of the disposition for national taxes in arrears.
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Addenda
1. (Enforcement Date) This Act shall take effect as of July 1, 1999.
2. (Revision of Other Laws) The Basic Law for the Advancement of Women
shall be revised as follows.
Article 11 shall be eliminated.
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