CHAPTER I General Provisions

Article 1 (Purpose)

The purpose of this Act is to contribute not only to realizing equal employment for both genders by guaranteeing equal opportunities and treatment in employment between men and women in accordance with the principle of equality proclaimed in the Constitution of the Republic of Korea, by protecting motherhood, and by promoting the employment of women, but also to improving the quality of all the people's lives by assisting work-family balance of employees.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Enforcement Ordinance

Article 2 (Definitions)

The definition of terms used in this Act shall be as follows:

1. The term "discrimination" means that an employer discriminates against an employee in employment or working conditions, or takes any other disadvantageous measures without any justifiable reason, on grounds of gender, marriage, status within family, pregnancy or childbirth, etc. (including where, even if the employer equally applies employment or working conditions, the number of men or women capable of satisfying such conditions is remarkably fewer in comparison with the opposite gender, thus putting the opposite gender at a disadvantage, and the said conditions may not be attested to be justifiable): Provided, That this shall not apply to any of the following cases:

(a) Where a specific gender is inevitably requested in view of the characteristics of duties;

(b) Where measures are taken for protecting motherhood, such as pregnancy, childbirth and lactation of female employees;

(c) Where proactive employment improvement measures are taken under this Act or other Acts;

2. The term "sexual harassment on the job" means that an employer, a superior or an employee causes another employee to feel sexual humiliation or repulsion by sexual words or actions by utilizing a position in the workplace or in relation with duties, or providing any disadvantages in working conditions and employment on account of disregard for sexual words or actions or any other demands, etc.;

3. The term "proactive employment improvement measure" means any measure taken to temporarily give a specific gender preferential treatment in order to eliminate existing employment discrimination between men and women, or to promote equal employment;

4. The term "employee" means a person employed by an employer and a person having the intention to start work.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 3 (Scope of Application)

(1) This Act shall apply to all sorts of business or business places (hereinafter referred to as "business") that employ employees: Provided, That the whole or part of this Act may not apply to the business designated by Presidential Decree.

(2) The realization of equal employment for both genders and work-family balance shall be governed by this Act except as otherwise provided for in other Acts.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Enforcement Ordinance

Article 4 (Responsibility of State and Local Governments)

Article 4 (Responsibility of State and Local Governments)(1) The State and local governments shall, in order to achieve the purposes of this Act, promote the interests and understanding of the people, assist women in developing their vocational abilities and promoting their employment, and endeavor to eliminate all factors detrimental to the realization of equal employment for both genders.

(2) The State and local governments shall support efforts by employees and employers to balance work-family and endeavor to raise funds and create conditions necessary for assisting such balance.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 5 (Responsibility of Employees and Employers)

(1) Employees shall endeavor to create a workplace culture in which both men and women are equally respected on the basis of mutual understanding.

(2) Employers shall endeavor to create a working environment in which employees of both genders display their abilities under the same conditions, by improving various practices and systems detrimental to the realization of equal employment for both genders at the relevant business place.

(3) Employers shall improve various practices and systems detrimental to work-family balance within the business place and endeavor to create a working environment to assist such balance.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 6 (Formulation, etc. of Policies)

(1) The Minister of Employment and Labor shall formulate and execute any of the following policies in order to realize equal employment for both genders and work-family balance:

1. Publicity for raising awareness of equal employment for both genders;

2. Selection of excellent enterprises in equal employment for both genders (including excellent enterprises in proactive employment improvement measures under Article 17-4), and administrative and financial support;

3. Establishment and promotion of a specific period to emphasize equal employment for both genders;

4. Survey and research to alleviate discrimination between both genders, and to expand the employment of women;

5. Improvement of systems and administrative and financial support for protection of motherhood and work-family balance;

6. Other matters necessary for the realization of equal employment for both genders and for assistance for work-family balance.

(2) The Minister of Employment and Labor shall endeavor to reflect opinions of the interested parties in formulating and executing the policies under paragraph (1), and may, if deemed necessary, request the heads of relevant administrative agencies, local governments, and other public agencies to render cooperation thereto.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 6-2 (Formulation of Master Plan)

(1) The Minister of Employment and Labor shall formulate a master plan for the realization of equal employment for both genders and work-family balance (hereinafter referred to as "master plan") every five years.

(2) A master plan shall include the following matters:

1. Matters concerning the promotion of women’s employment;

2. Matters concerning the guarantee of equal opportunities and treatment for both genders;

3. Matters concerning the establishment of the principle of equal pay for equal-value work;

4. Matters concerning the development of vocational abilities of women;

5. Matters concerning the protection of motherhood of female employees;

6. Matters concerning assistance for work-family balance;

7. Matters concerning the establishment and operation of welfare facilities for female employees;

8. Evaluation of the previous master plan;

9. Other matters deemed necessary by the Minister of Employment and Labor to realize equal employment for both genders and to assist work-family balance.

(3) The Minister of Employment and Labor may, if he/she deems it necessary, request the heads of relevant administrative agencies and public institutions to submit materials necessary for the formulation of a master plan.

(4) Upon formulating a master plan, the Minister of Employment and Labor shall, without delay, report thereon to the competent standing committee.

[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

Article 6-3 (Implementation of Surveys of Current Status)

(1) The Minister of Employment and Labor shall implement periodic surveys to understand the current status of the alleviation of the discrimination between both genders in business or at the business place, the protection of motherhood and work-family balance.

(2) The objects, period, details and other matters necessary for survey of current status under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]