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2002-10-28 15:13:20, 조회 : 61 |
Women Related Laws
Title Sexual Equality Employment Act
Contents
Act No. 3989, Dec. 4, 1987
Amended by Act No. 5933, Feb. 8, 1999
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to the improvement of the
status of working women and promotion of their welfare by securing
equal opportunity and treatment between men and women in any
employment in conformity with the ideal of equality in the constitution,
protecting the maternity and developing their vocational ability.
Article 2 (Basic Idea)
Since the working women contribute to the economic and social
development and play important roles in the birth and bringing up
of the following generations, the maternity shall be protected, and they
shall be allowed to fully display their ability in their working life
without any discrimination due to sex.
Article 2-2 (Definitions)
(1) For the purpose of this Act, the term "discrimination" means that
a business owner discriminates against a worker in the conditions of
employment or work, or takes other unfavorable measures without
any rational reason by reason of sex, marriage, status in family,
pregnancy, etc. In this case, the discrimination shall also include
where the business owner sets the standards or conditions for
personal affairs which either men or women find very difficult to
meet.
(2) For the purpose of this Act, the term "sexual harassment
at work" means that a business owner, worker, or his superior
deteriorates the employment environment by giving disadvantage in
employment or causing sexual humiliation to another worker through
sexual words or actions using his position or relating to his duties
at the work place.
(3) The protection of the maternity for working women shall not be
considered as discrimination as referred to in this Act.
(4) That which the State, local government or any business owner
takes provisionally a measure to treat favorably any worker of a
specified gender for the purpose of eliminating any existing
discrimination, shall not be considered as discrimination as referred
to in this Act.
[This Article Newly Inserted by Act No. 4126, Apr. 1, 1989]
Article 3 (Scope of Application)
(1) This Act shall apply to any business or workplace to which the
Labor Standards Act applies (hereinafter referred to as "business"):
Provided, That this Act shall not apply to any business as prescribed
by the Presidential Decree.
(2) Except as provided otherwise by other Acts, matters concerning
the improvement of status and promotion of welfare of the working
women shall be subject to this Act.
Article 4 (Responsibility of Person concerned)
(1) Any working woman shall have a self-consciousness as a worker,
exert herself for the development and improvement of her ability,
and make efforts to display it in her working life.
(2) The business owners, State and local governments shall make
efforts to improve the status of working women and the promotion of
their welfare according to the basic idea as prescribed in Article 2.
(3) The State and local governments shall promote the interest and
understanding of citizens on the welfare of working women, carry out
activities of development to provide them with the ability required
of workers, and make efforts necessary for eliminating all factors
preventing working women from exerting their ability.
Article 5 (Establishment of Basic Plan for Working Women''s Welfare)
(1) The Minister of Labor shall establish a basic plan on the
promotion of working women''s welfare (hereinafter referred to
as "basic plan").
(2) The basic plan as referred to in paragraph (1) shall include the
following matters:
1. Matters concerning the promotion of women''s employment;
2. Matters concerning the guarantee of equal opportunity between men
and women;
3. Matters concerning the development of working women''s ability;
4. Matters concerning the protection of working women''s maternity;
5. Matters concerning the installation and operation of welfare
facilities for working women; and
6. Other matters which the Minister of Labor deems necessary for the
improvement of the status of working women and the promotion of
their welfare.
(3) and (4) Deleted.
CHAPTER Ⅱ EQUAL OPPORTUNITY, TREATMENT, ETC.
BETWEEN MEN AND WOMEN IN EMPLOYMENT
Article 6 (Recruitment and Employment)
(1) In recruiting and employing workers, any business owner
shall give the same equal opportunity to women as men.
(2) In inviting or employing female workers, the business
owner shallnot present or demand any physical conditions, such as
appearance, height, weight, etc. or marital status, which are
unnecessary for carrying out the duties for which the business owner
desires to invite or employ them, and other conditions as determined
by the Ordinance of the Ministry of Labor.
Article 6-2 (Wage)
(1) Any business owner shall pay the same wage for any work of the
same value in the same business.
(2) Criteria for the same value work shall be technique, endeavor, re
sponsibility, working condition, etc. which are required for carrying
out any duties, and in determining such criteria, the business owner
shall hear the opinion of the person representing workers of the
grievance settlement organ as prescribed in Article 14.
(3) Any enterprise undertaken separately by the same business owner
for the purpose of wage discrimination shall be considered as the
same business.
[This Article Newly Inserted by Act No. 4126, Apr. 1, 1989]
Article 6-3 (Money, etc. other than Wage)
The business owner shall not treat discriminately working women from
men by reason of gender, in payment of any money or lending of any
funds to assist the employees in their living, in addition to the
wage.
[This Article Newly Inserted by Act No. 4976, Aug. 4, 1995]
Article 7 (Training, Assignment and Promotion)
No business owner shall give any discriminative treatment to any
working woman compared with any working man only by reason of the
marriage, pregnancy, childbirth or sex, with respect to the training,
assignment and promotion of workers.
Article 8 (Age Limit, Retirement and Dismissal)
(1) No business owner shall discriminate against working women in
favor of men only by reason of sex, with respect to the age limit
and dismissal of workers.
(2) No business owner shall enter into any labor contract stipulating
as the cause of retirement the marriage, pregnancy or childbirth
of working women.
Article 8-2 (Prevention of Sexual Harassment at Work)
(1) A business owner shall take the following measures to prevent
sexual harassment at work and to create conditions under which the
workers work in safe and sound circumstances:
1. Conduct of education necessary to prevent sexual harassment at
work; and
2. Change of post, disciplinary action, or other equivalent measures
for a person who causes sexual harassment to another worker at work.
(2) A business owner shall not take disadvantageous measures in
employment against the victim in connection with sexual harassment at
work.
[This Article Newly Inserted by Act No. 5933, Feb. 8, 1999]
Article 9 (Vocational Guidance)
The employment security institutions shall take measures
necessary for vocational guidance, such as offering employment
informations and materials related to surveys, research on jobs,
etc., so as to help working women in choosing jobs in accordance with
the degree of their aptitude, ability, career and technique,
facilitating their adaptation to jobs.
Article 10 (Vocational Training, etc.)
The State and local governments shall guarantee an opportunity equal
to men in all vocational training, secure facilities and equipment to
conduct vocational training for working women, and take other
necessary measures, for the purpose of developing and improving the
ability of working women.
CHAPTER Ⅲ PROTECTION OF ATERNITY AND INSTALLATION
OF WELFARE FACILITIES
Article 11 (Childcare Leave)
(1) If a working woman or worker who is her spouse taking her
place, who has an infant under one year of age, applies a leave to
care for her or his infant (hereinafter referred to as "childcare
leave"), the business owner shall permit it, except in such cases as
prescribed by the Presidential Decree.
(2) The childcare leave as referred to in paragraph (1) shall be less
than one year, but it may not elapse the day on which one year has
passed after the infant is born.
(3) The business owner shall not treat unfavorably any working woman
by reason of the childcare leave as referred to in paragraph (1), and
the period of childcare leave as referred to in paragraph (2) shall
be included in the length of her or his service.
(4) The method and procedure of the application for the childcare
leave, and other necessary matters, shall be determined by the
Presidential Decree.
Article 12 (Nursing Facilities)
(1) In order to support the employment of workers, the business owner
shall install nursing facilities necessary for suckling, nursing,
etc. (hereinafter referred to as "workplace nursing facilities"), and
report it to the Minister of Labor.
(2) The installation and operation of the workplace nursing facilities,
such as the scope of the business owners liable for installing
the workplace nursing facilities as referred to in paragraph (1),
shall be subject to the Infant Care Act.
[This Article Wholly Amended by Act No. 4976, Aug. 4, 1995]
Article 13 (Installation of Welfare Facilities)
(1) The State and local governments may install public welfare
facilities, such as education, childcare, house, etc., for working
women.
(2) The criteria of the welfare facilities for working women as
referred to in paragraph (1) and matters necessary for the operation
of such facilities shall be determined by the Minister of Labor.
CHAPTER Ⅳ MEDIATION OF DISPUTES
Article 14 (Autonomous Settlement of Disputes)
(1) If a business owner receives a grievance report from a worker
with respect to matters as prescribed in Articles 6, 6-2, 6-3, 7,
8, 8-2, 11, and 12, the business owner shall make efforts for an
autonomous settlement of such grievance, such as entrusting the
grievance settlement organ established at the business place with the
settlement thereof, and the like.
(2) The grievance settlement organ as referred to in paragraph (1)
shall be composed of the equal number of those who represent business
owners, and those who represent workers at the business place,
respectively, but if there is a trade union at the business place,
those who represent working women of the trade union, shall be those
who represent workers.
(3) The scope of the business owners liable for establishing the
grievance settlement organ as referred to in paragraph (1), method of
establishment, procedure of grievance settlement, and other necessary
matters, shall be determined by the Presidential Decree.
[This Article Wholly Amended by Act No. 4126, Apr. 1, 1989]
Article 15 (Assistance in Settlement of Disputes)
In cases where any grievance reported by a worker under Article 14 is
not settled autonomously, if the worker or both or one of the trade
union and the business owner of the business place to which the
worker belongs (hereinafter referred to as "interested parties"),
requests assistance in settlement of such grievance, the head of the
local labor administrative agency shall, within ten days, give the
interested parties necessary advice, guidance or recommendation, or
have the Employment Equality Committee undertake a mediation.
Article 16 (Establishment of Employment Equality Committee)
(1) In order to provide consultation on the following matters
concerning mediation of disputes and promotion of employment and
equality in employment of working women in the area under its
urisdiction under Article 15, the local labor administrative agency
shall establish the Employment Equality Committee (hereinafter
referred to as "Committee"):
1. Promotion of the employment of working women;
2. Guarantee of equal opportunity and treatment of men and women in
the employment;
3. Protection of the maternity of working women;
4. Installation and operation of welfare facilities for working
women; and
5. Other matters related to the improvement of the status and the
promotion of the welfare of working women.
(2) Deleted.
Article 17 (Composition, etc. of Committee)
(1) The Committee shall be composed of fifteen members including the
chairman: five persons representing workers, five persons
representing business owners and five persons representing the public
interest, respectively: Provided, That members representing workers
shall be commissioned by the Minister of Labor upon the proposal of
the director of regional labor administration office, from the trade
union; those representing business owners, from the business owners
organization; and those representing the public interest, from among
those of rich learning and experience in regard to working women and
public officials related to affairs relevant to women.
(2) In order to investigate matters necessary for the mediation of
disputes and to support the affairs of the Committee, the Committee
shall appoint two or less full-time expert members.
(3) Matters necessary for the qualification, appointment, etc. of
members shall be determined by the Presidential Decree.
Article 18 (Mediation by Committee)
(1) The Committee may demand interested parties or administrative
agencies to attend and present materials and offer other necessary
cooperation.
(2) The Committee may prepare a proposal on a mediation of any
dispute, and recommend the interested parties to accept it.
(3) If the interested parties have accepted the proposal of
mediation, the Committee shall prepare a written mediation, and any
labor contract prescribing any working condition not meeting to the
standards as determined by the written mediation shall become null
and void only in the limit of such portions, and the nullified
portions shall be subject to the standards as determined by the
written mediation.
(4) The Committee shall notify the interested parties of the result
of mediation within thirty days after it receives the request.
(5) Matters concerning the dispute mediation procedure, operation,
etc. of the Committee shall be determined by the ordinance of the
Ministry of Labor.
[This Article Wholly Amended by Act No. 4126, Apr. 1, 1989]
Article 19 (Burden of Proof)
The burden of proof in settling any dispute related to this Act shall
be borne by the business owner.
[This Article Newly Inserted by Act No. 4126, Apr. 1, 1989]
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
Article 20 (Report, Inspection, etc.)
(1) If it is required for enforcement of this Act, the Minister of
Labor may order the business owner to make any necessary report and
to submit related documents, or have any public official concerned
enter any business place to ask any questions of any related persons,
or to inspect any related documents.
(2) In the case as referred to in paragraph (1), the public official
concerned shall carry with himself a certificate indicating his
authority, and show it to the interested person.
[This Article Wholly Amended by Act No. 4976, Aug. 4, 1995]
Article 20-2 (Official Announcement of Status of Equal Employment)
The Minister of Labor may, if necessary to secure the effective
enforcement of this Act, officially announce the status of equal
employment and other survey findings: Provided, That this shall not
apply whereanother Act does not permit such official announcement.
[This Article Newly Inserted by Act No. 5933, Feb. 8, 1999]
Article 21 (Subvention for Expenses)
(1) The State, local government and public organization may subsidize
the whole or part of the expenses for any projects related to the
promotion of employment and welfare of women, within the limit of the
budget.
(2) If a person who has received the subvention under paragraph (1),
falls under any of the following subparagraphs, the State, local
government or public organization may revoke the whole or part of the
decision on delivery of the subvention, and order him to return the
whole or part of such delivered subvention:
1. Where he uses the subvention for a purpose other than the object
of his business;
2. Where he violates the contents of the decision on delivery of
subvention (if any condition is attached thereto, including such
condition);
3. Where he has received the subvention by a deceitful or unlawful
way; and
4. Where he violates this Act or any order issued under this Act.
[This Article Wholly Amended by Act No. 4976, Aug. 4, 1995]
Article 21-2 (Delegation and Entrustment of Authority)
The Minister of Labor may delegate part of his authority as
prescribed by this Act, to the head of the local labor administrative
agency or the local government, or entrust any public organization
with it, under the conditions as prescribed by the Presidential Decree.
[This Article Newly Inserted by Act No. 4976, Aug. 4, 1995]
Article 22 (Enforcement Decree)
Matters necessary for enforcing this Act shall be determined by the
Presidential Decree.
CHAPTER Ⅵ PENAL PROVISIONS
Article 23 (Penal Provisions)
(1) Any business owner who violates the provisions of Articles 6-2
(1) and 8 shall be punished by imprisonment for not more than two
years, or by a fine not exceeding ten million won.
(2) Any business owner who violates the provisions of Articles 6,
6-3, 7, 8-2 (2), 11 (1) and (3), shall be punished by a fine not
exceeding five million won.
[This Article Newly Inserted by Act No. 4126, Apr. 1, 1989]
Article 23-2 (Fine for Negligence)
(1) A person who falls under any one of the following subparagraphs
shall be punished by a fine for negligence not exceeding three
million won:
1. A person who fails to take the measures under Article 8-2 (1);
2. A person who refuses to make the report or to submit related
documents under Article 20 (1), or who makes a false report or submits
false documents; and
3. A person who refuses, interferes with, or evades the inspection
under Article 20 (1).(2) The fine for negligence as referred to in
paragraph (1) shall be imposed and collected by the Minister of Labor
under the conditions as prescribed by the Presidential Decree.
(3) Any person who is dissatisfied with the disposition of the fine
for negligence as referred to in paragraph (2), may make an objection
against the Minister of Labor within thirty days after he is informed
of the disposition.
(4) If the person who is subject to the disposition of the fine for
negligence as referred to in paragraph (2), has made an objection
under paragraph (3), the Minister of Labor shall notify it without
delay to the relevant court, which shall, upon receiving the
otification, bring the case to trial under the Non-Contentious Case
Litigation Procedure Act.
(5) If no objection is made, and no fine for negligence is paid, in
the period as referred to in paragraph (3), it shall be collected
according to the examples of the disposition of national taxes in
arrears.
[This Article Newly Inserted by Act No. 4976, Aug. 4, 1995]
Article 24 (Joint Penal Provisions)
If a representative of a juristic person, or an agent,
servant or employee of a juristic person or individual commits an
offense as prescribed in Article 22 in connection with the affairs of
the juristic person or individual, the penalty of a fine as rescribed
in the said Article shall be imposed on such juristic person or
individual, in addition to the punishment of the offender.
ADDENDUM
This Act shall enter into force on April 1, 1988.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of
its promulgation.
(2) (Transitional Measures concerning Employment Disputes Mediation
Committee) The Employment Disputes Mediation Committee existing at
the time this Act enters into force, shall be considered as the
Employment Equality Committee as prescribed by this Act.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
E-mail : freep@kwdi.re.kr-
Copyright 2001 Korean Women's Development Institute-
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