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Employment Policies on Women

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:35

Employment Policies on Women

kwwa

2002-10-28 15:17:08, 조회 : 70

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Development and Changes of Women-Related Laws

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:34

Development and Changes of Women-Related Laws

kwwa

2002-10-28 15:15:51, 조회 : 62

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Act for Assistance of Women Entrepreneurs

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:33

Act for Assistance of Women Entrepreneurs

kwwa

2002-10-28 15:15:14, 조회 : 58

   Women Related Laws


Title Act for Assistance of Women Entrepreners




Contents


Established February 5, 1999
Legislation No. 5818

Article 1 (Purpose). This Act is intended to advance equality between men and
   women in practical terms and to assist women to contribute to the national
   economic development by providing full support for women's business
   activities and by helping women to start their own business.

Article 2 (Definition). Terms used in this legislation are as follows.
   1. "Women's company" refers to companies that are owned or managed by
women and companies that meet the criteria set by the Presidential Decree.
   2. "Business women" refers to female executives of the company as described
in Item 1 and those who participate in the decision making process at the
top level.
   3. "Public organization" refers to pubic organizations as defined in Article 2
Item 8 of the Act on Promotion of Small and Medium Sized Companies and
Products Manufactured by the Companies.

Article 3 (Responsibilities of the Nation and Local Governments). The nation
   and local governments should take all necessary measures to provide business
   women with comprehensive supports in various areas of financing, human
   resources, information, technology, and distribution channels and to guarantee
   equal opportunities in doing business and thus facilitate the creation and
   prosperity of new businesses launched by women.

Article 4 (Correction of Discriminative Practices). (1) Head of Small and Medium
   Business Administration can request correction measures if public organizations
   are following unreasonable and discriminative practices or systems which go
   against companies led by women. (2) Public organizations that receive such
   correction requests according to Clause (1) should correct the situation if there
   is no reason for sustaining the practice and system.

Article 5 (Basic Plan to Promote Business Activities by Women). (1) Head of
   Small and Medium Business Administration should introduce and implement
   a Basic Plan to Promote Business Activities of Companies Led by Women
   (referred to as "Basic Plan" hereafter) every year.
   (2) The following items should be included in the Basic Plan.
   1. Basic goals and implementation measures designed to promote business
   activities of companies led by women
   2. Support measures for women in launching new business
   3. Support measures in areas of financing, information, technology, personnel
   and distribution channels
   4. Other support measures
   (3) Head of the Small and Medium Business Administration can demand
   information, materials or opinions from tax administrative organizations or
   organizations or bodies related to support for companies led by women if
   it is required in the establishment of the Basic Plan. In this case, the
   organizations or bodies which receive such demands should cooperate unless
   they have reasons not to do so.

Article 6 (Establishment of the Committee on Expediting Women's Business
   Activities). (1) In order to deliberate a basic plan described in Article 5 and
   other issues related to promotion of women's business activities, the Committee
   on Expediting Women's Business Activities (referred to as "the Committee"
   hereafter) will be established at the Small and Medium Business Administration.
   (2) Organization and operation of the committee established according to Clause
   (1) are determined by the Presidential Decree.

Article 7 (Field Inquiry). (1) Head of the Small and Medium Business
   Administration conducts field inquires every two years in order to understand
   the current situation and activities of companies led by women and publish
   the results.
   (2) Head of the Small and Medium Business Administration can consign the
   field inquires described in Clause (1) to Korea Business Women's Association
   and organizations or institutions related to small-sized companies described
   in Article 13. (3) Head of the Small and Medium Business Administration
   can request submission of materials and information or opinions from public
   organizations, companies led by women and women related institutions in
   order to proceed with field inquires described in Clause (1), and the
   organizations and institutions should cooperate.

Article 8 (Special Support to Women Launching Her Own Business). (1) Head
   of the Small and Medium Business Administration should include plans to
   support women who start her own business in the plan to support the launch
   of small-sized business that is established according to Article 4 Clause 1 of
   the Act on supporting the launch of small-sized business. (2) The government
   can support business launchers and those who support business launch according
   to the regulations in Clause 2 Article 4 of Small and Medium Business Launch
   Support Act. In giving such support, the government can give preferential
   treatment to women business launchers and those who actively support the
   business launching activities of women.
   (3) The head of the Small and Medium Business Administration can give
   priority in designating a person who will operate the education and training
   center to help women start her own business according to Article 16 Clause 2
   of the legislation for supporting creation of small-sized business.

Article 9 (Purchase by Public Organizations). (1) Head of public organizations
   should promote the purchase of products manufactured by companies led by
   women (companies which meet the definition of small-sized companies as
   defined in the Article 2 of the Basic Law for Small Companies. The same
   applies for the rest of this Article 9).
   (2) Plans to purchase goods manufactured by companies led by women
   should be separately included in the purchase plan that heads of public
   organizations draw up according to Article 10 Clause 1 of the Act on
   Promotion of Small-sized Companies and Purchase of Goods Manufactured
   by small sized companies. (3) Head of public organizations should consult
   with head of the Small and Medium Business Administration when he/she
   sets up a plan to purchase goods manufactured by companies run by
   women according to Clause 2. (4) Head of the Small and Medium Business
   Administration can ask head of public organizations to increase the purchase
   of goods manufactured by companies run by women when he/she consults
   with head of public organizations according to Clause 3. In this case, the
   head of public organization should reflect the request in his plan if
   circumstances permit.

Article 10 (Preference in Financial Support). The nation and local governments
   should give preferential treatment to companies run by women when providing
   financial support to companies in order to promote creation and activities of
   companies run by women.

Article 11 (Support to Enhance Management Capability). Head of the Small and
   Medium Business Administration can provide on-the-job training and education
   for business women and employees at companies run by women to enhance
   their management capability and technical expertise.

Article 12 (Support for Design Development). Korea Industrial Design Promotion
   Board established according to Article 11 of the Industrial Design Promotion
   Act should take all necessary measures to facilitate design development of
   companies run by women.

Article 13 (Establishment of Korea Business Women's Association, etc.).
   (1) Korea Business Women's Association (referred to as "the Association"
   hereafter) is established in order to promote common interests of businesswomen
   and to efficiently facilitate and enhance women's business activities.
   (2) The Association is treated as a corporation. (3) When establishing an
   association, the representative of the association must submit to the head of
   the Small and Medium Business Administration the necessary documents as
   stipulated in the Presidential Decree and get an approval for establishment.
   (4) The Association is established by registering with the town office where
   the association's head office is located.

Article 14 (Work of the Association). The Association carries out work mentioned
   in the following Items.
1. Promotes professional business women and trains business women.
2. Provides information on women's business.
3. Supports and promotes women's business launch.
4. Supports joint procurement and sale activities.
5. Supports women's businesses making inroads to overseas markets and helps
   women's businesses to attract foreign investment.
6. Cooperates with overseas' business women's organizations.
7. Handles business relegated by the head of Small and Medium Business
Administration to promote women's business activities and business launch.
8. Carries out other activities that expedite women's business activities.

Article 15 (Establishment of General Support Center for Women's Business).
   (1) The Association, in order to actively promote women's business activities,
   can establish a General Support Center for Women's Business (henceforth
   mentioned as the 'Support Center'). The Support Center can provide services
   such as information provision, education, training, overseas education and
   consultation. (2) The government could give supports such as financial
   support for the establishment and operation of the Support Center.
   (3) Items required for the establishment and operation of the Support Center
   is set by the Presidential Decree.

Article 16 (Loans without Interest of National and Public Wealth). If it is
   required for the projects of the association, the nation or local governments
   can lend the national and public wealth without interest to the Association
   despite the National Wealth Act and Local Autonomy's Financial Act.

Article 17 (Tax Support). The government can give tax support to the
   association and its major projects according to the Preferential Tax Limitation
   Act.

Article 18 (Ban on Similar Names). Organizations which are not the association
   mentioned in this act cannot use the same or similar name with Korea
   Women's Business Association.

Article 19 (Application of the Civil Law). Unless stipulated in this act, the
   Civil Law's regulation on association will be applied to the Association.

Article 20 (Supervision Advice). (1) The head of the Small and Medium Business
   Administration can supervise and advise the secretarial work of the Association.
   (2) When it is recognized as necessary for the supervision and advice, the head
   of the Small and Medium Business Administration can demand the submission
   of the necessary documents to the Association.

Article 21 (Fines). Those who break the regulation of Article 18 will be fined
   under 1 million won.

Supplementary Provision

   This Act is enforced from June 1, 1999



   E-mail : freep@kwdi.re.kr-
Copyright 2001 Korean Women's Development Institute-

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Framework Act on Women's Development

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:32

Framework Act on Women's Development

kwwa

2002-10-28 15:14:41, 조회 : 78

Framework Act on Womens Development

Act No. 5136, Dec. 30, 1995

Amended by Act No. 5529, Feb. 28, 1998

CHAPTER I GENERAL PROVISIONS

# Article 1 (Purpose) The purpose of this Act is to promote the equality between men and women in all the
areas of politics, economy, society and culture by stipulating fundamental rules with regard to the
obligation, etc. of the State and local governments for realization of equality between men and
women under the Constitution of the Republic of Korea.

# Article 2 (Basic Idea) The basic idea of this Act is to make men and women commonly participate in and
share responsibility for the realization of a healthy family and the development of the country and
society, through the promotion of the equality between men and women, Protection of motherhood.
eradication of sender based discrimination and development of women's ability, based upon the
dignity of individuals.

# Article 3 (Definitions) For the Purpose of this Act, the definitions of terms shall be as follows

1. The term "women policy" means the policy prescribed by the Presidential Decree, for
   promotion of the equality between men and women, furtherance of women's social
   participation and increase of women's welfare;

2. The term "women's association" means a juristic person or association as prescribed by the
   Presidential Decree, established for promotion of the equality between men and women,
   furtherance of women's social participation and an increase of women's welfare as its
   principal purpose; and

3. The term "facility for women" means the facilities Prescribed by the Presidential Decree, for
   promotion of equality between men and women, furtherance of women's social Participation
   and an increase in women's welfare.

# Article 4 (Obligation of Citizens) All citizens shall recognize the importance of equality between men and
   women and women's development, and shall strive for its realization.

# Article 5 (Obligation of State and Local Governments) The State and local governments shall have obligation
   to establish legal or institutional devices and to provide financial resources which are necessary
   for the promotion of equality between men and women. furtherance of women's social participation
   and increase in women's welfare.

# Article 6 (Provisional Favored Treatment Measures) For the promotion of women's participation in the fields
   in which the participation by women is considerably stagnant. the State and local governments
   may take provisional favored treatment measures within reasonable scope, pursuant to relevant
   Acts and subordinate statutes.

　

........................................................................................................................................................[TOP]

CHAPTER II FRAMEWORK PLANS, ETC. ON WOMEN POLICY

# Article 7 (Establishment of Framework Plans on Women Policy)

(1) The Government shall establish framework Plans on women Policy (hereinafter referred to as the
"framework plan") every 5 years.

(2) The framework plan shall include the following:

1. Basic direction of women Policy:

2. Purposes of women policy:

(a) Promotion of equality between men and women,

(b) Extension of women's social participation;

(c) Increase in women's welfare;

(d) Other Principal Policies relating to women policy: and

3. Methods to provide financial resources relating to the Promotion of women policy.

# Article 8 (Establishment, etc. of Annual Implementation Plan)

(1) The heads of central administrative organs, the Seoul Special Metropolitan City Mayor, Metropolitan Cities
Mayors and the Do governors (hereinafter referred to as a "Mayor/Do governor") shall establish and
execute annual implementation plan under the framework plan (hereinafter referred to as the
"implementation Plan") .

(2) The Government shall control the implementation Plans and inspect the Performance thereof.

# Article 9 (Cooperation in Establishment and Implementation of Plan)

(1) The Government, 1, he heads of the central administrative orleans and the Mayor/Do governor may
demand cooperation from the relevant central administrative organs, local governments. Public institutions
and such other juristic Person or organization, if it is required for establishment and execution of the
framework plan and implementation plan.

(2) The entity which is demanded of cooperation Pursuant to paragraph (1) shall cooperate, except when
there is special reason.

# Article 10 Deleted. [by Act No. 5529, Feb. 28, 1998]

# Article 11 (Gender Based Discrimination Improvement Committee)

(1) The Gender Based Discrimination Improvement Committee (hereinafter referred to as the "Improvement
Committee") shall be established by the Government to correct all sorts of discrimination against women
In any Act. institution, administrative measures and habitual Practice. etc. and to seek women's
development.

(2) The necessary matters with regard to the function, constitution and operation, etc. of the Improvement
Committee shall be determined by the Presidential Decree.

# Article 12 (Establishment of Korea Women's Development Institute)

(1) The Korea Women's Development Institute (hereinafter referred to as the Development Institute") shall be
established for efficient Performance of the investigation, research, etc. on women related Problems.

(2) The necessary matters with regard to the establishment, constitution and scope of functions , etc. of the
Development Institute shall be determined separately by Act.

# Article 13 (Investigation, etc. on Women Related Affairs)

(1) For the establishment of efficient women policy, the Government shall Perform an investigation on affairs
   relating to women by means of public opinion census and drawing up statistics on the basis of sender,
   etc.

(2) The Government shall strive to provide information relating to women through establishment of information
system.

# Article 14 (Women's Week) For the sake of women's development and raising nation-wide concern about
the Promotion of equality between men and women, the Government shall designate one week a
year as Women's Week.

　

........................................................................................................................................................[TOP]

CHAPTER Ⅲ BASIC MEASURES OF WOMEN POLICY

# Article 15 (Participation In Politics and Decision Making Procedures)

(1) The State and local governments shall devise measures to expand women's participation in policy making
procedure of various committees, etc.

(2) The State and local governments shall strive to support the extension of women's Political participation
through various ways.

# Article 16 (Participation in Public Office) The State and local governments shall Provide Proper conditions for
the expansion of women's participation in public offices through reasonable management of
appointment, assignment of Position, promotion, reward and educational training of the Public
officials.

# Article 17 (Equality in Employment)

(1) The State and local governments shall strive for the realization equality between men and women in
overall areas of employment, including the appointment, educational training, promotion and retirement.

(2) The State and local governments shall arrange institutional system to harmonize domestic affairs and the
work such as temporary layoff for infant rearing. etc.

(3) The State, local governments and entrepreneurs shall take proper measures for the arrangement of equal
working conditions such as prevention of sexual harassment. etc.

# Article 18 (Reinforcement of Maternity Protection)

(1) The State, local governments and entrepreneurs shall Provide special care to women during their
   Pregnancy, childbearing and lactation and Protect them from any disadvantage for those reasons.

(2) The State and local governments shall gradually raise the social burden on maternity protection expenses
relating to pregnancy, coild bearing and lactation through social security based on the Framework Act on
Social Security and finance. etc.

# Article 19 (Home Education) The State and local governments shall strive for the education on the equality
between men and women to be made at home.

# Article 20 (School Education) In school education, the State and local governments shall inspire the idea of
equality between men and women and expand women's educational opportunity.

# Article 21 (Social Education) The State and local governments shall try to execute the education which
enhances the equality between men and women, in the education Programs of the national
training institute, public training institute, social education institution and enterprises.

# Article 22 (Increase in Women's Welfare)

(1) The State and local governments shall devise Proper measures to meet the demand of women's welfare
accompanied by the change of the social structure.

(2) The State and local governments shall strive to prevent cases of low-income mother and child
households, unmarried mothers, runaway and special care-needed women and shall properly guide and
protect them, pursuant to the relevant Acts.

(3) The State and local governments shall strive to increase the welfare of acted women and women dwelling
in fishing and agrarian villages.

# Article 23 (Baby and Infant Upbringing, etc.)

(1) For the Protection and sound education of babies and infants, the State and local governments shall take
the necessary measures such as the expansion of upbringing facilities, etc. Pursuant to the relevant Acts.

(2) The State and local governments shall devise proper measures for the protection of children after school
and for their healthy living.

# Article 24 (Establishment of Equal Relationship in Family, etc.)

(1) The State and local governments shall serve to establish democratic and equal relationship in a family.

(2) The State and local governments shall devise supportive measures necessary (or households of
both-working husband and wife and of one parent, in response to the changes in family composition.

# Article 25 (Prevention of Sexual and Domestic Violence)

(1) The State and local governments shall Prevent sexual violence crime and Protect the victims under the
relevant Acts.

(2) The State and local governments shall devise Proper Policies on domestic violence Problems.

# Article 26 (Evaluation on Value of Housekeeping Labor) The State and local governments shall serve to
   evaluate justifiable economic value of housekeeping labor and reflect it to the legal systems and
   Policies.

# Article 27 (International Cooperation for Women)

(1) The State and local governments shall expand women's Participation to international organizations and
conferences and support women's international peace Promotion movement and activities for
intensification of international cooperation.

(2) The State and local governments shall strive to join and enforce women related international treaties such
as the United Nations Convention on the Elimination of All Forms of Discrimination against Women, etc.

# Article 28 (Improvement of Gender Discrimination in Mass Media) The State and local governments shall
support to improve the gender discriminative content of mass media and to expand equality
between men and women through mass media.

　

........................................................................................................................................................[TOP]

CHAPTER IV FUND FOR WOMEN'S DEVELOPMENT

# Article 29 (Establishment of Fund, etc.)

(1) The State shall establish the women's development fund(hereinafter referred to as the "fund") to secure
necessary financial resources to support the projects, etc. for the realization of the purpose of this Act.

(2) The fund shall be created from the following resources:

1. Contribution from the State:

2. Money, goody, or other Property contributed from a person except for the State:

3. Profits Produced from operation of the Fund: and

4. Such other Fronts as Prescribed by the Presidential Decree.

(3) The fund shall be managed and operated by the Government.

# Article 30 (Uses and Purpose of Fund) The fund shall be used for the following purposes:

1. Supporting the projects that increase women's rights and interests,

2. Supporting the projects of women's association,

3. Establishment of women related facilities and the support for its operation:

4. Supporting the women's international cooperation Project; and

5. Support for such other Projects for the realization of equality between men and women and
   for women's development as prescribed by the Presidential Decree.

# Article 31 (Accounting Organ of Fund)

(1) For the operation of the revenue and expenditure of the fund, the Government shall appoint an officer
empowered to order receipts and disbursements and a Public servant in charge of revenue and
expenditure of the fund among the Public officials under its control.

(2) Among the provisions of the Liability of the Accounting Personnel, etc.
Act, the Provisions on the treasurer and the revenue collector shall be applied mutatis mutandis to the
officer empowered to order receipts and disbursements, and the provisions on the disbursement officer
and a accounting official shall be applied mutatis mutandis to the public servant in charge of revenue and
expenditure of the fund.

　

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CHAPTER V SUPPORT, ETC. FOR WOMEN'S ASSOCIATION

# Article 32 (Support for Women's Association)

(1) The State and local governments may provide the administrative support required for the organization and
activities of women's associations, and may support Part of the expenses necessary for its activities, etc.
within the limit of its budget.

(2) An individual. juristic person or organization may contribute money or other property to support the
facilities and the operation of women's association.

# Article 33 (Establishment and Operation Related Facilities for Women) The State and local governments may
   establish and operate facilities for the increase of women's rights, interests and welfare.

# Article 34 (Support for Women's Voluntary Service Activities) The State and local governments shall Provide
the necessary support for the activation of women's voluntary service activities,

　

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CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS

# Article 35 (Delegation and Consignment of Power) The Government may delegate part of its power under this
Act to a Mayor/Do governor, or consign Part of its works to the Development Institute or a
women's association as Prescribed by the President Decree.

# Article 36 (Designation of Affairs Management Agency) The Government affaire as prescribed by this Act
such as establishment of framework plan, management and operation of the fund, etc. shall be
managed by Presidential Commission on women's Affairs under Article 18 (1) of the Government
Organization Act.
[This Article Wholly Amended by Act No. 5529, Feb. 28, 1998]

ADDENDA

(1) (Enforcement Date) This Act shall enter into force from the last day of 6 months after its Promulgation.

(2) Omitted.

(3) (Transitional Measures) The Women Policy Deliberation Committee under the Regulation (or the Women
Policy Deliberation Committee at the enforcement date of this Act shall be regarded as the Women Policy
Deliberation Committee under the provisions of Article 10 of this Act.

ADDENDA

# Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

# Article 2 through 7 Omitted.

　

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Standards for the Prohibiton of Gender Discrimination

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:30

Standards for the Prohibiton of Gender Discrimination

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-

Posted by KWWA

|

Sexual Equality Employment Act

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:27

Sexual Equality Employment Act

kwwa

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-

Posted by KWWA

|

Mother-Child Welfare Act

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:26

Mother-Child Welfare Act

kwwa

2002-10-28 15:12:42, 조회 : 61

Mother-Child Welfare Act

Act No. 4121, Apr. 1, 1989

Amended by Act No. 5453, Dec. 13, 1997

Act No. 5454, Dec. 13, 1997

CHAPTER I GENERAL PROVISIONS

# Article 1(Purpose) The purpose of this Act is to enable a mother and child family to lead a sound and
cultural life, and to contribute thereby to the living stabilization and welfare of mother and child
homes.

# Article 2 (Responsibility of State, etc.)

(1) The State and local governments shall be responsible for promoting the welfare of the
mother and child home.

(2) All citizens shall cooperate with the promotion of the welfare of the mother and child home.

# Article 3 (Effort for Self-Sustenance) The mother and child of a mother and child home shall make efforts for
   the self-support and improvement of their lives by making the utmost use of their assets and
   working ability.

# Article 4 (Definitions)

(1) For the purpose of this Act, the term "mother" means a person who brings up a child or
children, and falls under any of the following subparagraphs :
[Amended by Act No. 5454, Dec. 13, 1997]

1. A woman who is bereaved of, divorced from, or abandoned her husband ;

2. A woman having a spouse who has been unable to work for a long time due to
a mental or physical impediment ;

3. An unmarried woman (excluding any woman having a de facto marital relation) ;
   and

4. A woman corresponding to one of subparagraphs 1 through 3, as prescribed by
   the Ordinance of the Ministry of Health and Welfare.

(2) For the purpose of this Act, the term "mother and child home" means a home in which the
mother as referred to in paragraph (1) is the head of the household (including a person who
is not the head of a household, but supports, in fact, members of a household).

(3) For the purpose of this Act, the term "children" means those who are under eighteen years of
age (in case of school children, under twenty years of age), and who are brought up by the
mother as referred to in paragraph (1).

(4) For the purpose of this Act, the term "protecting authority" means the State or local
governments providing the protection as prescribed by this Act.

(5) For the purpose of this Act the term "mother and child welfare organization" means any
institution or organization established for the purpose of promoting the welfare of a mother
and child home.

# Article 5 (Scope of Persons to be Protected) Those who are to be protected under this Act shall be those
   who fall under Article 4 (l) through (3) and are prescribed by the Ordinance of the Ministry of Health
   and Welfare.
[Amended by Act No. 5454, Dec. 13, 1997]

# Article 6 (Mother and Child Welfare Committee)

(1) In order to deliberate matters necessary for the planning, researching, executing, etc. of
projects pertaining to the welfare of a mother and child home, the mother and child welfare
committee may be established in the Ministry of Health and Welfare, the Special Metropolitan
City, Metropolitan Cities, Dos and Shis/Kuns/Kus.
[Amended by Act No. 5454, Dec. 13, 1997]

(2) The organization, operation and matters subject to deliberation of the mother and child
welfare committee as referred to in paragraph (1) and other necessary matters shall be
   determined by the Presidential Decree.

# Article 7 (Mother and Child Welfare Consultation Office)

(1) In order to provide consultation or guidance with regard to mother and child welfare, the
Special Metropolitan City Mayor, the Metropolitan City Mayor, Do governor (hereinafter
referred as the "Mayor/Do governor"), and the head of Shi/Kun/Ku (limited to an
autonomous Ku ; hereinafter the same shall apply) may establish a consultation office for
mother and child welfare in his jurisdiction. In this case, the head of Shi/Kun/Ku shall obtain
approval of the Mayor/Do governor.
[Amended by Act No. 5454, Dec. 13, 1997]

(2) Matters necessary for the organization, operation, etc. of the mother and child welfare
consultation office shall be determined by the Presidential Decree.

# Article 8 (Mother and Child Welfare Consultant)

(1) The mother and child welfare consultants shall be assigned to the Special Metropolitan
City, Metropolitan Cities, Dos, Shis/Kuns/Kus and mother and child welfare consultation
offices as prescribed in Article 7.
[Amended by Act No. 5454, Dec. 13, 1997]

(2) Matters necessary for the qualification and duties of the mother and child welfare consultant
shall be determined by the Presidential Decree.

# Article 9 (Support of Mother and Child Welfare Organization) The State or local government may support and
   promote the mother and child welfare organization.

........................................................................................................................................................[TOP]

CHAPTER II SUBSTANCE AND IMPLEMENTATION OF WELFARE

# Article 10 (Investigation, Report, etc. of Persons to be Protected)

(1) The head of Shi/Kun/Ku shall investigate once or more times each year those who are to
be protected in the area under his jurisdiction.

(2) When the head of Shi/Kun/Ku has investigated the persons to be protected under paragraph
(1), he shall make a report on the result of the investigation to the Mayor/Do governor.

(3) The Mayor/Do governor shall, upon receiving the report under paragraph (2), report it to the
Minister of Health and Welfare.
   [Amended by Act No. 5454, Dec. 13, 1997]

(4) The protecting authority shall prepare and keep a register pertaining to the actual situation of
those to be protected and the protected persons.

(5) Matters necessary for the investigation, report and register as referred to in paragraphs (1)
through (4) shall be determined by the Ordinance of the Ministry of Health and Welfare.
   [Amended by Act No. 5454, Dec. 13, 1997]

　

# Article 11 (Application for Welfare Benefit)

(1) Any person to be protected, or his relative or another interested person, may apply for
welfare benefits as prescribed in Article 12 to the competent head of Shi/Kun/Ku.

(2) Matters necessary for the method and procedure of application for welfare benefits under
paragraph (1) and the scope of interested persons shall be determined by the Ordinance of
the Ministry of Health and Welfare.
   [Amended by Act No. 5454, Dec. 13, 1997]

# Article 12 (Substance of Welfare Benefits) The State or local government may, upon receiving an application
for welfare benefits under Article 11, grant the following welfare benefits : Provided, That if a
person who is to be protected under this Act is protected under other Acts and subordinate
statutes, such as the Livelihood Protection Act, the benefits as prescribed by this Act shall not be
granted within the limit as prescribed by such

Acts and subordinate statutes :

1. Cost of living ;

2. Expenses for assistance to the education of children ;

3. Vocational training expenses and living cost during the training period ;

4. Expenses for bringing up children ; and

5. Other expenses as prescribed by the Presidential Decree.

# Article 13 (Lending of Welfare Fund)

(1) In order to promote the living stability and self-support of the mother and child home, the
State or local government may lend the following funds :

1. Funds needed for projects ;

2. Expenses for the education of children ;

3. Medical expenses ;

4. Housing funds ; and

5. Other funds needed for the welfare of the mother and child home as prescribed
   by the Presidential Decree.

(2) The limit, method and procedure for lending the funds as referred to in paragraph (1) and
   other necessary matters shall be prescribed by the Presidential Decree.

# Article 14 (Promotion of Employment)

(1) In order to encourage the employment of the mother and children of a mother and child
home, the State or local government shall conduct a proper vocational training and facilitate
job placement.

(2) The State or local government shall make efforts to have the mother and children of a mother
and child home employed preferentially in various business places.

# Article 15 (Installation of Stands and Equipment in Public Facilities) If the head of the public facility operated
by the State or local government gives permission to install various stands and equipment in a
public facility, he may give such permission to a mother and child home ol mother and child
welfare organization in preference to others.

# Article 16 (Preferential Utilization of Facilities) The State or local governments shall make efforts so that the
children of mother and child homes may be given priority to use the convenience facilities for
children and other public facilities.

# Article 17 (Technical Public Welfare Service) The State or local governments shall make efforts to furnish the
technical public welfare services for the mothers and children of mother and child homes.

# Article 18 (Installment Sales and Lease of National Housing) When the State or local government sells in
installment or leases national housing pursuant to the Housing Construction Promotion Act, it shall
make efforts so that a specified percentage of national housing is allotted preferentially to the
mother and child home.

........................................................................................................................................................[TOP]

CHAPTER III MOTHER AND CHILD WELFARE FACILITIES

# Article 19 (Mother and Child Welfare Facilities) The mother and child welfare facilities shall be as follows :

1. Mother and child protection facilities : facilities the purpose of which is to accommodate
   temporarily or for a specified period mother and child homes living in want, to protect their
   livelihood, and to assist them so as to prepare them to be self-sufficient after leaving the
   facilities ;

2. Mother and child self-supporting facilities : facilities the purpose of which is to provide any
   mother and child home in difficulty only with the convenience of housing ;

3. Unmarried mother facilities : facilities the purpose of which is, if an unmarried woman is
   pregnant or has delivered a baby, to have the baby be delivered safely and protect her for a
   specified period until her mental and physical health has recovered ;

4. Temporary protection facilities : facilities the purpose of which is to protect temporarily or for
   a specified period a mother and her children or a mother, if there is a spouse (including any
   person having a de facto marital relation), but the sound upbringing of the children or the
   health of the mother might be impeded by physical and mental maltreatment by that spouse ;

5. Women's welfare halls ; facilities the purpose of which is to provide all conveniences for the
   welfare of mother and child homes, such as holding various consultations about mother and
   child homes, giving guidance about lifestyles and occupations, day care, vocational
   guidance, etc. ; and

6. Women's consultation offices : facilities the purpose of which is to carry out consulting
   services concerning the investigation of, guidance, and admission to welfare facilities for the
   mother and child homes.

# Article 20 (Establishment of Mother and Child Welfare Facilities)

(1) The State or local government may establish the mother and child welfare facilities.

(2) Social welfare corporations and other nonprofit corporations may establish the mother and
child welfare facilities after reporting to the Mayor/Do governor.
[Amended by Act No. 5358, Aug. 22, 1997]

(3) Matters necessary for the equipment standards of the mother and child welfare facility and
the permission of establishment thereof shall be prescribed by the Ordinance of the Ministry
of Health and Welfare.
   [Amended by Act No. 5358, Aug. 22, 1997 ; Act No. 5454, Dec. 13, 1997]

# Article 21 (Discontinuance or Suspension) If a social welfare corporation or other nonprofit corporation
   desires to discontinue or suspend the operation of mother and child welfare facilities established
   under Article 20, it shall report it in advance to the Mayor/Do governor under the conditions as
   prescribed by the Ordinance of the Ministry of Health and Welfare.
   [Amended by Act No. 5454, Dec. 13, 1997]

# Article 22 (Liability for Trust) When a person who establishes and operates mother and child welfare
facilities, is entrusted with the use of the mother and child welfare facilities by the Mayor/Do
governor or the head of Shi/Kun/Ku, he shall not refuse it without justifiable reason.

# Article 23 (Supervision)

(1) The Minister of Health and Welfare or the Mayor/Do governor may have the person who
   establishes and operates mother and child welfare facilities make a report necessary for the
   facilities, and have the public officials concerned investigate the operational situation of the
   facilities or examine other documents, such as books.
[Amended by Act No. 5454, Dec. 13, 1997]

(2) When a public official concerned performs his duties under paragraph (1), he shall present a
certificate indicating his competence to interested persons.

# Article 24 (Closing of Facility etc.) If any mother and child welfare facilities fall under any of the following
   subparagraphs, the Mayor/Do governor may order suspension or discontinuance of the services,
   or close the facilities :
   [Amended by Act No. 5358, Aug. 22, 1997]

1. Where the facilities cease to conform to the equipment standards under Article 20 (3) ;

2. Where the facilities violate the provisions of Article 22 ; and

3. Where the facilities fail to submit a report as prescribed. in Article 23 (1) without justifiable
   reason, or make a false report, or refuse or evade the investigation and inspection.

# Article 24-2 (Hearing) If the Mayor/Do governor intends to order discontinuance of the services or close the
facilities under Article 24, he shall hold a hearing.
[This Article Newly Inserted by Act No. 5453. Dec. 13, 1997]

........................................................................................................................................................[TOP]

CHAPTER IV EXPENSES

# Article 25 (Subsidizing of Expenses) The State or local governments may subsidize expenses needed for
   the mother and child welfare projects under the conditions as prescribed by the Presidential
   Decree.

# Article 26 (Return Order of Subsidy) Where the head of a mother and child welfare facility or organization falls
under any of the following subparagraphs, the State or local government may order him to return
the whole or part of subsidy already delivered :

1. Where he is in contravention of the conditions and terms of the delivery of subsidy ;.

2. Where he receives the subsidy falsely or in any other unlawful way ;

3. Where he performs an act contriving any personal profit in operating the mother and child
   welfare facilities ; and

4. Where he violates this Act or an order issued under this Act.

........................................................................................................................................................[TOP]

CHAPTER V SUPPLEMENTARY PROVISIONS

# Article 27 (Prohibition of Seizure) Any money and articles paid or provided under this Act and the right to
receive them shall not be seized

# Article 28 (Request for Review)

(1) If a person to be protected or his relative or another interested person is dissatisfied with any
   welfare benefits as prescribed by this Act, he may request a review in writing to the welfare
   operation institution concerned within thirty days after he is notified of the decision.

(2) The welfare operation institution shall, upon receiving a request for review under paragraph
(1), examine and decide it within thirty days, and notify the requesting person.

# Article 29 (Penal Provisions)

(1) Any person who falls under any of the following subparagraphs shall be punished the
imprisonment for not more than one year or a fine not exceeding one million won :
   [Amended by Act No. 5358, Aug. 22, 1997]

1. A person who establishes mother and child welfare facilities without
permission under Article 20 (2) ; and

2. A person who continues to operate projects after receiving an order to suspend
or discontinue the projects, or permission is cancelled under Article 24.

(2) Any person who violates the provisions of Article 22, shall be punished by a fine not
exceeding one million won.

# Article 30 (Joint Penal Provisions) If the representative of a corporation or an agent, employee, or other
servant of a corporation or individual commits an offense as prescribed in Article 29 with respect
to affairs of the corporation or individual, the fine as prescribed in respective Articles shall also be
imposed on such corporation or individual in addition to punishment of the offender.

# Article 31 (Delegation of Authority) The Minister of Health and Welfare or the Mayor/Do governor may
delegate part of his authority vested under this Act to the head of Shi/Kun/Ku under the conditions
as prescribed by the Presidential Decree.
[Amended by Act No. 5454, Dec. 13, 1997]

........................................................................................................................................................[TOP]

ADDENDA

(1) (Enforcement Date) This Act shall enter into force on July 1, 1989.

(2) (Transitional Measures concerning Mother and Child Protection Facilities, etc.) The mother and child
   protection facilities established under the Child Welfare Act at the time when this Act enters into force shall
   be considered as the mother and child welfare facilities established with permission under this Act.

ADDENDA [Act No. 5358, Aug. 22, 1997]

# Article 1 (Enforcement Date) This Act shall enter into force on July 1, 1998. (Proviso Omitted.)

# Articles 2 through 9 Omitted.

ADDENDA [Act No. 5453, Dec. 13, 1997]

# Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1998. (Ploviso Omitted.)

# Article 2 (Transitional Measure pursuant to_Amendment of Grassland Act) (1) and (2) Omitted.

(3) From the enforcement date of this Act till June 30, 1998, the term "closedown of the facility" in the amended
provisions of Article 24-2 of the Mother and Child Welfare Act is regarded as "cancellation of permission".

(4) through(8) Omitted.

ADDENDUM [Act No. 5454, Dec. 13, 1997]

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

　

Posted by KWWA

|

Mother-Child Health Act

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:23

Mother-Child Health Act

kwwa

2002-10-28 15:12:06, 조회 : 82

Mother-Child Health Act

Wholly amended by Act No. 3824, May 10, 1986

Amended by Act No. 5859, Feb. 8, 1999

Article 1 (Purpose). The purpose of this Act is to contribute to the improvement of national health by protecting
the life and health of mothers and by striving for the delivery and rearing of healthy children.

Article 2 (Definitions). For the purpose of this Act, the definitions of terms shall be as follows.

1. The term "pregnant or nursing woman" means a woman who is pregnant or who is within 6 months after
her delivery

2. The term "infant" means a person who has not yet lived more than 6 years after his or her birth

3. The term "newborn baby" means an infant who has lived less than 28 days after its birth

4. The term "premature baby" means an infant born which has immature physical development, which is
below the standards as determined by the Presidential Decree;

5. The term "congenitally deformed baby" means an infant with a congenital deformity, disfigurement or
chromosome disorder, which is below the standards as determined by the Presidential Decree

6. The term "sterile operation" means an operation to make one unable to impregnate by means of the removal
of genital glands;

7. The term "contraceptive treatments" means any sterile operation and/or other treatments to prevent
conception for a specified period or longer by inserting any contraceptive pill or appliance in the human
body

8. The term "induced abortion operation" means an operation to remove artificially an embryo and its
appendage from the mother's body when the embryo is deemed unable to maintain its life outside mother's
body

9. The term "Mother-Child health services" means professional medical services for pregnant or
nursing women or infants so that they can maintain physical and mental health

10. The term "family planning services" means services to provide any professional medical services,
information, or education on conception control for the purpose of improving the health and welfare of the
family and

11. The term "Mother-Child health personnel" means those who have the licenses for doctor,
midwife and/or nurse or are qualified to be an assistant nurse and who are engaged in the mother and
fatherless child health services and family planning services.

Article 3 (Responsibility of State and Local Governments).

(1) The state and local governments shall take measures necessary for maintaining and
improving the health of mothers and infants.

(2) The state and local governments shall make efforts to contribute to the improvement of the
national health by taking into consideration policies of the mother and fatherless child health
services and family planning services.

Article 4 (Obligation of Mother, etc.).

(1) Mothers shall make efforts to maintain their health with a thorough understanding of it, and
take an interest in their health during pregnancy, delivery and nursing, etc.

(2) Persons with parental authority over infants, guardians of infants and other persons in
charge of protecting infants (hereinafter referred to as "protectors") shall make positive efforts
to maintain and improve the health of infants with a thorough understanding of childcare.

Article 5 (Establishment and Coordination of Service Schedule).

(1) The Minister of Health and Welfare shall integrate and coordinate various measures and
policies concerning the Mother-Child health services and the family planning
services and establish a basic plan for such services under the conditions as prescribed by
the Presidential Decree.

(2) The heads of the related central administrative agencies and local governments shall make
and implement detailed programs necessary for carrying out the basic plan as referred to in
paragraph (1).

Article 6 (Mother-Child Health Council).

(1) In order to deliberate on important matters concerning the Mother-Child health
services and family planning services in compliance with a request for advice and
consultation by the Minister of Health and Welfare, a mother and fatherless child health
council shall be established in the Ministry of Health and Welfare.

(2) Necessary matters related to the composition and operation of the mother and child
fatherless health council shall be determined by the Presidential Decree.

Article 7 (Establishment of Mother-Child Health Organizations).

(1) The state and local governments may establish and operate Mother-Child
health organizations to take charge of the following matters concerning the mother and
fatherless child health services and family planning services. In this case, if a local
government sets up a Mother-Child health organization, it shall, in principle,
be set up in the public health center established by the local government, and it shall deal
with the following matters.

1. Matters concerning antepartum, postpartum and childbirth care and emergency
measures for pregnant or nursing women

2. Matters concerning health care, vaccination, etc. of infants

3. Matters concerning contraceptive treatment

4. Matters concerning gynecological diseases and prevention of related diseases

5. Matters concerning the prevention of appearance and health care of mentally
and physically handicapped children, and

6. Matters concerning guidance, education, research, public relations, statistics
management, etc., pertaining to client's health.

(2) Matters necessary for the establishment of standards and operation of the mother and
fatherless child health organization as referred to in paragraph (1) shall be determined by the
Presidential Decree.

(3) The state may carry out matters as referred to in subparagraphs of paragraph (1) by
entrusting them to a medical or nonprofit corporation as prescribed by the Presidential
Decree.

Article 8 (Submission of Report, etc., by Pregnant or Nursing Woman).

(1) If a pregnant or nursing woman desires to be protected as such under this Act, she or her
protector shall report the fact of her pregnancy or delivery to a public health center or medical
institution (hereinafter referred to as "health institution") under the conditions as prescribed by
the Ordinance of the Ministry of Health and Welfare.

(2) The head of the health institution shall, upon receiving all reports as referred to in paragraph
(1), put them together, and report them to the head of city/county/urban district (refers to the
head of autonomous urban district. Hereinafter the same shall apply) under the conditions as
prescribed by the Ordinance of the Ministry of Health and Welfare.

(3) If a pregnant or nursing woman dies or has a stillbirth or a newborn baby dies in the health
institution, the head of the health institution shall report it to the head of city/county/urban
district under the conditions as prescribed by the Ordinance of the Ministry of Health and
Welfare.

(4) If a premature baby or a congenitally deformed baby is born in the health institution, the
head of the health institution shall report it to the head of the public health center under such
terms and conditions as the Ordinance of the Ministry of Health and Welfare may determine.

(5) The head of the public health center who has received a report on a premature baby or a
congenitally deformed baby referred to in paragraph (4) (hereinafter referred to as "premature
baby, etc.") shall transfer such birth report to the head of the public health center having
jurisdiction over the custodian's address where the custodian has no address within his
jurisdiction.

Article 9 (Issuance of Mother-Child Health Pocketbook).

(1) The head of city/county/urban district shall issue a mother and fatherless child health
pocketbook to pregnant or nursing women or infants reported under Article 8 (1).

(2) Matters necessary for the issue procedure, etc., of the Mother-Child health
pocketbook as referred to in paragraph (1) shall be determined by the Ordinance of the
Ministry of Health and Welfare.

Article 9-2 (Registration Cards for Premature Babies, etc.). The head of the public health center who has
received a birth report on a premature baby, etc., pursuant to Article 8 (4) and (5) shall prepare and
manage registration cards for premature babies, etc. under such terms and conditions as the
Ordinance of the Ministry of Health and Welfare may determine.
[This Article newly inserted by Act No. 5859, Feb. 8, 1999]

Article 10 (Health Care, etc. of Pregnant or Nursing Women and Infants).

(1) The head of city/county/urban district shall take appropriate measures necessary for the
health care of pregnant or nursing women and infants, such as conducting periodical health
checkups and vaccinations under the conditions as prescribed by the Presidential Decree,
having the Mother-Child health personnel call at their homes to conduct a
health diagnosis and treatment and so on.

(2) The head of city/county/urban district may render the following medical assistance to
pregnant or nursing women, infants, and premature babies, etc., who are in need of any
medical services.

1. Diagnosis

2. Provision of medicine or materials for medical treatment

3. Treatments, operations and other treatments

4. Accommodation in medical facilities

5. Nursing and

6. Transfer

Article 11 (Measures for Safe Delivery). If the head of city/county/urban district deems it necessary to send a
pregnant or nursing woman to a medical institution for her safe delivery and health, he shall do so,
and if she desires to deliver a baby in her home, the head of city/county shall have any mother and
fatherless child health personnel help with the delivery.

Article 12 (Distribution of Contraceptives and Contraception Services). The Minister of Health and Welfare or
the head of city/county/urban district may provide contraception services or distribute contraceptive
pills to those who desire it, under the conditions as prescribed by the Ordinance of the Ministry of
Health and Welfare.

Article 13 (Persons Qualified for Medical Services Contraception). No person other than doctor or midwife or
nurse who has completed the regular educational courses as prescribed by the Ordinance of the
Ministry of Health and Welfare may provide medical services for contraception. In this case,
medical services for contraception by midwife or nurse shall be limited to those included in the
scope recognized by the Minister of Health and Welfare.

Article 14 (Limited Permission of Induced Abortion Operation).

(1) A doctor may conduct an induced abortion operation with the consent of the pregnant
woman herself and her spouse (including a person having a de facto marital relation:
hereinafter the same shall apply) only in the following cases

1. Where she or her spouse suffers from any eugenic or genetic mental handicap
or physical disease as prescribed by the Presidential Decree

2. Where she or her spouse suffers from any infectious disease as prescribed by
the Presidential Decree

3. Where she is impregnated by rape or quasi-rape

4. Where pregnancy has taken place between blood relatives or matrimonial
relatives who are legally unable to marry and

5. Where the maintenance of pregnancy injures or might injure the health of the
pregnant woman for health or medical reasons.

(2) In the case as referred to in paragraph (1), if it is impossible to obtain the consent of the
spouse due to his death or disappearance, missing or by other unavoidable reasons, the
operation may be performed only with her consent.

(3) In the case as referred to in paragraph (1), if the woman or her spouse is unable to express
her or his intention by any mental or physical handicap, the consent by a person with
parental authority or by a guardian may be substituted for it as referred to in paragraph (1),
and if there is no person with parental authority or guardianship, the consent by a person
who is liable to support her may be substituted.

Article 15 Deleted.

Article 16 (Federation).

(1) In order to carry out services, such as research, study, education, public relations, etc., on
the Mother-Child health services and family planning services, the Planned
Parenthood Health and Welfare Federation of Korea (hereinafter referred to as "Federation")
shall be established.

(2) Those who are eligible for membership in the Federation shall be those who consent to the
objectives of the establishment and the projects of the Federation.

(3) The Federation shall be a juristic person.

(4) Requisite entries in the articles of association and those necessary for the services of the
Federation shall be determined by the Presidential Decree.

(5) Matters concerning the Federation which are not prescribed in this Act shall be subject to
the provisions of the Civil Act concerning the incorporated association.

Articles 17 and 18 Deleted.

Article 19 Deleted.

Article 20 (Prohibition of Use of Same Title). Any person or organization which Federation as prescribed by
this Act, shall not use the same title as that of the Planned Parenthood Health and Welfare
Federation of Korea.

Article 21 (Assistance of Expenses).

(1) The state may support the following expenses within the limits of the budget.

1. Less than two-thirds of the total expenses and incidental expenses needed for
the establishment of a Mother-Child health organization
(excluding the case where the state establishes it; hereinafter the same shall
apply)

2. Less than half of the operational expenses of a mother and fatherless child
health organization

3. Expenses needed for carrying out the entrusted services by a person who is
entrusted with such services under Article 7 (3)

4. Expenses needed for health checkups, etc., as prescribed in Article 10 (1) for
persons incapable of bearing such expenses

5. Less than half of the expenses for the midwifery service as prescribed in
Article 11 for a person incapable of bearing such expenses and

6. Expenses needed for conducting a sterile operation belonging to the
contraceptive treatments administration for contraceptions as prescribed in
Article 12 for a person incapable of bearing such expenses.

(2) Local governments shall support a portion other than the portion which the state assists, of
expenses as referred to in paragraph (1) 4 through 6, within the limit of the budget.

Article 22 (Free Loan of State Property). If it is deemed necessary, the state may lend gratuitously any state
property to the Federation.

Article 23 (Collection of Expenses).

(1) The head of city/county/urban district may collect expenses needed for measures taken
under Articles 11 and 12 from the persons who are beneficiaries of such measures, except
in the case of those incapable of bearing the financial burden.

(2) Matters necessary for the collection of expenses as referred to in paragraph (1) shall be
determined by the Ordinance of the Ministry of Health and Welfare.

Article 24 (Prohibition of Divulgence of a Secret). Except for otherwise provided by this Act or other Acts and
subordinate statutes, no person who is engaged in the Mother-Child health services
and family planning services, shall divulge or disclose any secrets about other persons, which he
has learned in the course of carrying out his duties.

Article 25 (Delegation of Authority). The Minister of Health and Welfare may delegate a part of his authority as
vested under this Act to the Special Metropolitan City Mayor, Metropolitan City Mayor, or provincial
governor under the conditions as prescribed by the Presidential Decree.

Article 26 (Penal Provisions). Any person who violates the provisions of Articles 13 and 24, shall be punished
by imprisonment for not more than one year or a fine not exceeding one million won ($ 830).

Article 27 (Fine for Negligence).

(1) The head of a medical institution who violates the provisions of Article 8 (3) and a person
who violates the provisions of Article 20 shall be punished by a fine for negligence not
exceeding five hundred thousand won ($ 83).

(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the
Minister of Health and Welfare against a person who violates the provisions of Article 20 and
by the head of city/county/urban district against a person who violates the provisions of
Article 8 (3), under the conditions as prescribed by the Presidential Decree.

(3) Any person who has objection to a determination of fine for negligence as referred to in
paragraph (2) may raise an objection to the Minister of Health and Welfare or the head of
city/county/urban district within 30 days after he is informed of such determination.
.

(4) If a person who is subjected to the determination of fine for negligence under paragraph (2)
has raised an objection under paragraph (3), the Minister of Health and Welfare or the head
of city/county/urban district shall notify of it without delay, to the competent court, which
shall, upon receiving the notification, bring the case of the fine for negligence to a trial under
the Non-Contentious Case Litigation Procedure Act.

(5) If no objection is raised and the fine for negligence is paid within the period as referred to in
paragraph (3), it shall be collected pursuant to the examples of the disposition of national or
local taxes in arrears.

Article 28 (Exclusion of Application of a Criminal Act). Any person who undergoes or conducts an induced
abortion operation pursuant to the provisions of this Act, shall not be punished regardless of the
provisions of Articles 269 (1), (2) and 270 (1) of the Criminal Act.

Article 29 (Exclusion of Application of Medical Service Act). With respect to any midwifery act performed under
Article 11 by a nurse or assistant nurse of the Mother-Child health personnel as
prescribed by this Act, the provisions of Article 25 (1) (Prohibition of Unlicensed Medical Care
Service, etc.) and subparagraph 3 of Article 66 (Penal Provisions) of the Medical Service Act shall
not be applicable. This provision shall also be applicable in the case of a midwife or nurse who
administers contraceptive treatments under Article 13.

ADDENDA

Article 1 (Enforcement Date). This Act shall enter into force six months after the date of its promulgation.

Article 2 (Transitional Measures concerning the Planned Parenthood Federation of Korea). The Planned
Parenthood Federation of Korea which exists as an incorporated association at the time when this
Act enters into force shall be considered as the Planned Parenthood Federation of Korea established
under this Act, provided, that the former shall amend the articles of association so as to be
conformed to requisite entries of the articles of association under Article 16 and shall meet other
requirements within 3 months after the Presidential Decree by which such matters are determined,
enter into force, and meet other requirements.

ADDENDA

Article 1 (Enforcement Date). This Act shall enter into force 4 months after the date of its promulgation.

Articles 2 through 4 Omitted.

ADDENDA

Article 1 (Enforcement Date). This Act shall enter into force on January 1, 1995.

Article 2 Omitted.

ADDENDUM

This Act shall enter into force on January 1, 1998. (Proviso Omitted)

ADDENDA

(1) (Enforcement Date). This Act shall enter into force on the date of its promulgation.

(2) (Transitional Measures on Change of Title of Planned Parenthood Federation of Korea). The Planned
Parenthood Federation of Korea established pursuant to the former provisions at the time of the entry into
force of this Act shall be deemed the Planned Parenthood Health and Welfare Federation of Korea
established under this Act.

　

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Gender Related Legal Acts

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:21

Gender Related Legal Acts

kwwa

2002-10-28 15:11:09, 조회 : 59

# Gender Related Legal Acts

Women's Development Act

The Women's Development Act, which was enacted in December 1995, is aimed at addressing issues on gender policy for strengthening the status of women and promoting gender equality by improving practices in all sectors of society to remove vestiges of discrimination.

Gender Discrimination Prevention and Relief Act

Enacted in February of 1999 and executed from july 1st of 1999, the Act gives the Ministry of Gender Equality the quasi-judicial authority to investigate gender discrimination cases and to prescribe corrective measures accordingly. The Act aims to achieve gender equality in all sectors of society, from employment matters to issues of education and social welfare.

Assistance for Women's Enterprises Act

Enacted in February of 1999, the Act encourages the central and local government to accelerate women's business activities by adopting comprehensive support measures and by formulating basic plans for the respective organizations concerned.
Under the Act, the Women's Enterprise Promotion Committee and the Korean Women Entrepreneurs Association are established; the former is to promote purchase of goods and services from women's enterprises by the government; the latter is for providing financial support and special tax treatment.

The Special Act for the Punishment in Cases involving Domestic Violence & the Act for the Prevention of Domestic Violence and Victim Protection

Enacted in December of 1997, the Acts have significance in that they bring the matter of domestic violence to the fore as a social concern.
The Acts stipulate, as penalties:
and prohibition of an offender from approaching a victim; the limit of the exercise of parental rights;
and making offenders responsible for medical costs, loss of property, and custodial care costs of victims.

Equal Employment Act

The Act was revised again in Februay of 1999 to incorporate demands for the prohibition of indirect forms of sexual discrimination in employment and the proevention of sexual harassment in the workplace. The Act describes disciplinary actions against offenders(parties) and requires corporations to conduct employee traning sessions on sexual harassment.

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Gender Discrimination Prevention and Relief Act

OUR ARCHIVE/Law and Policy 2008. 2. 1. 16:21

Gender Discrimination Prevention and Relief Act

kwwa

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.

........................................................................................................................................................[TOP]

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.

........................................................................................................................................................[TOP]

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.

........................................................................................................................................................[TOP]

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.

........................................................................................................................................................[TOP]

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.

........................................................................................................................................................[TOP]

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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'OUR ARCHIVE/Law and Policy'에 해당되는 글 21건

Employment Policies on Women

Development and Changes of Women-Related Laws

Act for Assistance of Women Entrepreneurs

Framework Act on Women's Development

Standards for the Prohibiton of Gender Discrimination

Sexual Equality Employment Act

Mother-Child Welfare Act

Mother-Child Health Act

Gender Related Legal Acts

Gender Discrimination Prevention and Relief Act

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