| kwwa |
2002-10-28 15:14:04, 조회 : 60 |
Women Related Laws
Title Standards for the Prohibiton of Gender Discrimination
Contents
Chapter 1 General Rules
Chapter 2 Standards for the Prohibition of Gender Discrimination
in Employment
Chapter 3 Standards for the Prohibition of Gender Discrimination
in Education
Chapter 4 Standards for the Prohibition of Gender Discrimination
in the Provision and Utilization of Goods, Facilities,
and Services
Chapter 5 Standards for the Prohibition of Gender Discrimination
in the Execution of Laws and Policies
Chapter 6 General Standards for the Prohibition of Sexual
Harassment
Supplementary provision
Chapter 1. General Rules
Article 1 (Purpose). This standard is aimed at stipulating the particulars
necessary to prevent the behaviors related to gender discrimination and to
decide whether or not they constitute cases of gender discrimination,
according to Number 5 of Article 10 in the Act on the Prohibition of
Gender Discrimination and Redemption (referred to as "Act" hereafter) and
Article 3 in its Enforcement Decree.
Article 2 (Scope of application). This standard is applied to the relevant
particulars in the prohibition of gender discrimination of Article 3 and 7 of
the Act.
Article 3 (Policy of application). The Presidential Commission on Women's
Affairs decides whether or not gender discrimination occurs in reference to
the relevant facts and reports of gender discriminating cases besides this
standard.
Article 4 (Rational reason). According to No. 1 of Article 2 in the Act, in
order to approve reasonable grounds in the cases of gender discrimination,
the purpose, nature, mode, and condition of the behaviors concerned should
be considered concretely and comprehensively to recognize the necessity of
distinction, exclusion, and restriction of the behaviors according to sex. And
the methods and degrees of the distinction, exclusion, and limitation have to
be proper and also the standard of application must be strict.
Chapter 2. Standards for the Prohibition of Gender Discrimination
in Employment
Article 5 (Employment). In this standard, the term "employment" covers all
kinds of labor relationships (regular, temporary, contract) in public
organizations and all business facilities and the whole process including
steps prior to a labor contract (recruitment and adoption), the end of the
labor relationship, and completion of the derived detailed procedures relating
to the labor relationship.
Article 6 (Recruitment and hiring). (1) In this standard, "recruitment and
adoption" means that public organizations and their employers offer jobs for
the general public by way of recruitment advertisement through newspapers
and broadcasting, direct employment or commissioned recruitment, personal
connections, and/or employment agencies, and it also includes the whole
process before the effect of the labor contract. (2) The types of gender
discrimination related to the recruitment and hiring according to number one
are as follows.
1. In the case of recruitment and hiring, restricting employment
to a specific gender and imposing restrictive conditions such as
age and appearance
2. In spite of having equal qualifications, applying unfair conditions,
methods, and/or routes of employment for a specific sex
3. In the case that standards of opportunities, conditions, and
methods of hiring are not based on the ability of the applicants
themselves but on the general qualities of a specific gender group.
4. Refusal to employ a specific sex because of the preference of the
employer, workers' group within an equal workforce, the person
who recruits, and the client
5. Rejection of a specific gender's employment because of the relative
characteristics of the works, for example, the unemployment rate of
a specific gender is higher than that of the opposite gender.
6. In the case of offering the relevant information for recruitment and
hiring, there is unfair treatment against a specific gender in spite
of his/her being equally qualified for employment
7. Without reasonable grounds, distinction, exclusion, and restriction
by sex in other relevant processes for recruitment and hiring
Article 7 (Wages). (1) In this standard, the term "wages" means that public
organizations and their employers pay the workers all the money and
goods entitled them including salary and other benefits. (2) The types of
gender discrimination related to wages according to number one are as follows.
1. Regardless of the principle of equal pay for equal work, different
criteria by sex are applied to basic pay, calculation of salary
class, allowances, and salary increases.
2. In the case of an increase in the number of service years and
the increase in pay by promotion, the amount and ratio of pay
raises for a specific sex are lower than that of the other sex
3. In the case that the other calculations and payments related to
wages are distinguished, excluded, and restricted by sex without
reasonable grounds.
Article 8 (Promotion). (1) In this standard, the term "promotion" means that
public organization employers and workers move from a lower level to a
higher level. (2) The types of gender discrimination related to the
regulation of promotion in number one are as follows.
1. In the case of having no opportunity for promotion for a specific
sex or of giving too much importance to a specific sex for
promotion regardless of any objective standards.
2. In the case of the application of relatively unfair promotion
conditions and procedures for a specific sex; for instance, a specific
sex is required to serve for a long period and to pass an
examination for promotion.
3. In the case that a specific sex cannot be promoted to a
higher-level position beyond a given position because quotas on
the promotions for a specific sex are established. And the
promotion levels for a specific sex are subdivided into many more
steps than those of the opposite sex and as a result, application of
the subdivisions are unfavorable for the promotion of a specific
sex.
4. In the case of efficiency ratings as an objective standard for
promotion, unfair items are included to evaluate efficiency so as to
prevent or hinder the promotion of a specific sex.
5. In the case that other relevant factors related to promotion are
distinguished, excluded, and restricted by sex without reasonable
grounds.
Article 9 (Disposition) ① In this standard, "disposition" means the behavior
or state which have workers to set about work (new employees'
arrangement, transference, change of occupation, and dispatch). The major
elements of it are job specifications and workforce. ② The types of gender
discrimination related to the disposition of the above ① are as follows.
1. In the case of excluding a specific sex from job disposition or
placing a disappropriate emphasis on the disposition of a specific
sex, the selection not being based upon the requisites indispensable
for duty performance and/or the special characteristics of duty
2. In the case that a specific sex is disposed to key tasks, the
opposite sex is disposed to typical simple and assistant tasks
regardless of the intention of the person concerned, in spite of
the latter having equal academic background and qualifications.
3. In the case of inducing a specific sex to be disposed the given
occupation or to apply for a given occupation.
4. In the case that it is possible for a specific sex to be disposed to
the tasks corresponding to his/her ability, in spite of passing an
examination for promotion and having good work experience.
5. In the case of excluding a specific sex from job disposition because
of marriage, pregnancy, childbirth, and age
6. In the case that the other relevant points to disposition are
distinguished, excluded, and restricted by sex without reasonable
grounds.
Article 10 (Retirement, others). (1) In this standard, the term "retirement"
means that the labor relationship comes to an end for the reasons of
retirement age, expiration of the term, termination by mutual agreement,
and/or resignation, according to the related laws and regulations, rules of
employment, and/or trade agreement. (2) In this standard, the term
"dismissal" means an action which forces public organizations and employers
to terminate the future labor relationships with workers. (3) The types of
gender discriminations related to the regulations of retirement and dismissal
in numbers one and two.
1. In the case that the retirement age of an occupation includes a lot
of workers of a specific sex who are remarkably younger than that
of other occupations.
2. In spite of equal occupation, a different standard of retirement age
is applied by sex.
3. In the case that a specific sex is forced to resign and retire
because of marriage, pregnancy, and/or childbirth.
4. In the case that a different method of retirement is applied by sex
5. In the case of the decision to lay persons off, a specific sex is
first dismissed, in violation of objective standard.
6. In the case of setting an objective standard of the layoffs, the
workers working with his/her spouse in an equal workforce are
included in the list of layoffs and so they are being forced to
resign and this results in his/her dismissal because of the social
concepts or features of the occupation concerned.
7. In the case that different reasons and procedures of discipline are
applied by sex.
8. In the case that the other relevant points which end of the labor
relationship, such as retirement and dismissal, are distinguished,
excluded, and restricted by sex without reasonable grounds.
Chapter 3. Standards for the Prohibition of Gender Discrimination
in Education
Article 11 (Education, others). According to Article 4 in the Act on the
Prohibition of Gender Discrimination and Redemption, the details of the
terms "education, others" are as follows.
1. "Education" means that educational institutions, stipulated in "the
laws pertaining to elementary, middle, high school education,
social education law, and vocational training promotion law,
others," put into practice job training to teach and improve
knowledge, skills, and attitudes necessary for employment and job
performance in educational and public organizations and business
facilities.
2. "Opportunity, condition, and method of education" includes the
selection process of the expected trainees, contents of education,
organization and management of curriculum, and evaluation.
Article 12 (Typical gender discriminating behaviors). The types of gender
discrimination in education and others according to each number of Article
11 are as follows.
1. In the case that the numbers of trainees are allotted differently by
female and male sexes.
2. At the time of selecting trainees for overseas training and
vocational training, a specific sex is excluded from the selection
process not based upon a certain objective standard.
3. In the case that educational institutions and vocational training
centers or departments in charge of training provide differential
educational circumstances and administrative and financial support
of educational activities.
4. In the case that educational institutions arrange different contents
and curriculum for men and women.
5. In the case that public organizations and business facilities
organize and manage different contents and curriculum by sex,
although applicants have equal qualifications.
6. In the case that educational institutions suggest educational goals,
form educational contents, and directly guide everyday behavior of
trainees to influence trainees to hold a biased view of sex roles.
7. In the case that educational institutions restrict trainees'
opportunities for activities or distinguish the contents of activities
by sex.
8. In the case that educational institutions restrict according to sex
the opportunities for the choice of curriculum and the scope of the
courses after finishing the curriculum.
9. In the case that when educational institutions evaluate the results
of education, they apply gender discriminating standards for them.
10. In the case that the other relevant points for education are
distinguished, excluded, and restricted by sex without reasonable
grounds.
Chapter 4. Standards for the Prohibition of Gender Discrimination
in the Provision and Utilization of Goods, Facilities, and Services
Article 13 (Use of goods, others). (1) In this standard, the phrase "provision
and utilization of goods, facilities, and services" means that public
organizations and employers provide money and goods, equipment, and
labor force for the well-being promotion and property accumulation.
(2) The types of gender discrimination in the provision and utilization
of goods, facilities, and services according to number one above are as follows.
1. Gender discrimination in the welfare system for wage earners,
such as livelihood assistance for workers and money and goods
for their welfare.
2. Gender discriminating practices in financial services such as
obtaining loans, issuing credit cards, insurance contracts, and car
quota sales.
3. In the case that public organizations and employers provide gender
discriminating services.
4. In the case that the other relevant points for the provision and
utilization of goods, facilities, and services are distinguished,
excluded, and restricted by sex without reasonable grounds.
Chapter 5. Standards for the Prohibition of Gender Discrimination
in the Execution of Laws and Policies
Article 14 (Execution of laws and policies, others). (1) In this standard, the
phrase "execution of laws and policies" means that public organizations
perform their duties and exercise their authority on the basis of laws,
regulations and policies. (2) The types of gender discrimination in the
execution of laws and policies according to Clause 1 are as follows.
1. Gender discrimination at the time of the decision of the standards
selecting the beneficiaries of public works
2. Gender discrimination at the time of permission, declaration, and
approval
3. In the case that the other relevant points to the execution of laws
and policies are distinguished, excluded, and restricted by sex
without reasonable grounds.
Chapter 6. Standards for the Prohibition of Sexual Harassment
Article 15 (Sexual harassment). According to No. 2 of Article 2 in the Act,
the detailed definitions of "sexual harassment" are as follows.
1. The phrase "relationships of business, employment, and others"
means the relationships involving job performance, between
employer and employee, and similar behavior in the workplace.
2. The phrase "relating to position on job or duties" means that
sexual harassment happens in relation to the misuse of the status
of public organizations and employers, employees, and workers or
in relation to other relevant aspects of their business, regardless
of where the sexual harassment is conducted.
3. The phrase "sexual words and actions" refers to the words and
actions including sexual expression that the other party does not
want to hear and/or see.
4. The phrase "disadvantages in employment" refers to the behaviors
which apply to unfair conditions in employment and in work and
worsen the employment environment, such as exclusion from
employment, pay cuts, exclusion from promotion, change of
occupation, suspension from duty, temporary retirement, and
layoff.
Article 16 (Areas in which sexual harassment is prohibited). Sexual
harassment is prohibited in the following areas according to Clause 1 of
Article 7 in the Act.
1. In the case that employers, employees, and workers engaged in public
organizations sexually harass lower-level officials, fellow workers,
employers in their cooperative enterprises, and dispatched workers.
2. In the case that employers, employees, and workers engaged in
educational institutions and training centers sexually harass to their
learners and applicants.
3. In the case that employers, employees, and workers of public
organizations sexually harass their users and the persons
involved in the process of the provision and utilization of goods,
facilities, and services.
4. In the case that public organizations and employers sexually
harass the persons involved in the process of job performance
and in exercising authority in the execution of laws and policies
Article 17 (Representative types of sexual harassment). The types of sexual
harassment are as follows.
1. Physical sexual harassment includes
a. physical contact such as kissing, hugging, and holding a person
in one's arms from the back
b. petting specific parts of the body such as breasts and hips
c. behaviors soliciting a massage and petting
2. Verbal sexual harassment includes
a. obscene jokes
b. sexual expression and evaluation of the offended's appearance
c. actions soliciting sex and intentionally suggesting innuendos
and/or double-entendres including sexual expression
d. actions that compel one to have sex and demand it in return for
a favor
e. obscene phone calls
f. actions that force one to serve liquor in a meeting with fellow
workers
3. Visual sexual harassment includes
a. behaviors that post and display obscene photos, pictures,
scribbling, and publications which include obscene contents
b. behaviors that send obscene letters, photographs, and pictures by
fax, computer, and direct delivery
c. behaviors that expose his/her own physical parts related to
sex and force the offended to touch them
4. Words and actions that make a person feel sexually humiliated
and disgusted
Supplementary provision
This guideline shall enter into force on July 1, 1999.
E-mail : freep@kwdi.re.kr-
Copyright 2001 Korean Women's Development Institute-
| | |