SECTION 1 Guarantee of Equal Opportunities and Treatment for Men and Women

Article 7 (Recruitment and Employment)

(1) No employer shall discriminate on grounds of gender in recruiting or employing employees.

(2) In recruiting or employing female employees, no employer shall exhibit or demand physical conditions including appearance, height, weight and unmarried status not required for performing the relevant duties, or any other conditions prescribed by Ordinance of the Ministry of Employment and Labor.

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

Article 8 (Wages)

(1) The employer shall provide equal pay for equal-value work within the identical business.

(2) Standards for equal-value work shall be skills, labor, responsibility, working conditions, etc. required for the performance of duties, and employers shall, in setting such standards, hear opinions of the member representing the employees at the labor-management council under Article 25.

(3) A separate business established by an employer for the purpose of wage discrimination shall be deemed an identical business.

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

Article 9 (Money, Goods, etc. other than Wages)

No employer shall discriminate on grounds of gender in providing welfare, such as money, goods or similar, loan of funds, in order to subsidize the living of his/her employees aside from wages.

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

Article 10 (Education, Assignment, and Promotion)

No employer shall discriminate on grounds of gender in education, assignment, and promotion of his/her employees.

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

Article 11 (Age Limit, Retirement, and Dismissal)

(1) No employer shall discriminate on grounds of gender in age limit, retirement, and dismissal of his/her employees.

(2) No employer shall conclude an employment contract that stipulates marriage, pregnancy, or childbirth of female employees as grounds for retirement.

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

SECTION 2 Prohibition and Prevention of Sexual Harassment on Job

Article 12 (Prohibition of Sexual Harassment on Job)

No employer, superior, or employee shall commit any sexual harassment on the job against another employee.

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

Article 13 (Preventive Education, etc. of Sexual Harassment in Workplace)

(1) The employer shall conduct preventive education of sexual harassment in the workplace (hereinafter referred to as "preventive education of sexual harassment") every year in order to prevent sexual harassment in the workplace and to create the given conditions whereunder his/her employees may work in a safe working environment.

(2) An employer and an employee shall receive preventive education of sexual harassment pursuant to paragraph (1).

(3) An employer shall keep his/her employees posted on details of preventive education of sexual harassment by always posting or making notices thereof available in conspicuous places where employees have ready access to them.

(4) An employer shall take measures to prevent and prohibit sexual harrassment in the workplace in accordance with standards prescribed by Ordinance of the Ministry of Employment and Labor.

(5) Necessary matters concerning the details, methods, frequency, etc. of preventive education of sexual harassment pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 13-2 (Entrustment of Preventive Education of Sexual Harassment)

(1) The employer may conduct preventive education of sexual harassment by entrusting such education to the institution designated by the Minister of Employment and Labor (hereinafter referred to as the "institution for preventive education of sexual harassment").

(2) Where an employer intends to provide preventive education of sexual harassment by entrusting it to an institution for preventive education of sexual harassment, he/she shall notify such institution of matters prescribed by Presidential Decree in advance pursuant to Article 13 (5) to ensure such matters be included in the preventive education.

(3) An institution for preventive education of sexual harassment shall be designated from among the institutions provided for in Ordinance of the Ministry of Employment and Labor, and it shall have at least one lecturer provided for in Ordinance of the Ministry of Employment and Labor.

(4) An institution for preventive education of sexual harassment shall conduct education, as prescribed by Ordinance of the Ministry of Employment and Labor, keep data relating to execution of education, such as the completion certificate of education or the list of persons completing education, and deliver such data to employers or persons undergoing education.

(5) The Minister of Employment and Labor may cancel the relevant designation where the institution for preventive education of sexual harassment falls under any of the following:

1. Where it has obtained the designation by deception or other fraudulent means;

2. Where it has failed to employ a lecturer under paragraph (3) for at least three consecutive months without any justifiable reason;

3. Where it has failed to conduct preventive education of sexual harassment in the workplace for two years.

(6) In order to cancel the designation of an institution for preventive education of sexual harassment pursuant to paragraph (5), the Minister of Employment and Labor shall hold a hearing.

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

Enforcement Ordinance

Article 14 (Measures When Sexual Harassment Occurs in Workplace)

(1) Where any person becomes aware of the fact that sexual harassment has occurred in the workplace, he/she may report the fact to the relevant employer.

(2) Where an employer receives a report under paragraph (1) or becomes aware of the fact that sexual harassment has occurred in the workplace, he/she shall immediately conduct an investigation to verify whether sexual harassment has occurred in the workplace. In such cases, the employer shall give consideration to an employee who suffered sexual harassment in the workplace or an employee who alleges that he/she suffered such harassment (hereinafter referred to as "harassed employee, etc.") lest he/she should feel sexual shame, etc. in the course of any investigation.

(3) Where it is necessary to protect a harassed employee, etc. during the period of investigation under paragraph (2), an employer shall take appropriate measures, such as the change of the place where the harassed employee, etc. works or the issuance of an order to have the harassed employee, etc. take a paid leave of absence. In such cases, no employer shall take measures against the wishes of the harassed employee, etc.

(4) Where the investigation under paragraph (2) finds that sexual harassment has occurred in the workplace, its employer shall take necessary measures such as the change of the place where the harassed employee works, redeployment, and the issuance of an order to have the harassed employee take a paid leave of absence, if the harassed employee requests.

(5) Where the investigation under paragraph (2) finds that sexual harassment has occurred in the workplace, its employer shall immediately take necessary measures against a person who has committed sexual harassment at the workplace, such as a disciplinary punishment or the change of the place where the perpetrator works. In such cases, the employer shall hear opinions of the harassed employee on a measure such as a disciplinary punishment before he/she takes it.

(6) No employer shall give an employee who reports that sexual harassment has occurred or a harassed employee, etc. any of the following disadvantageous treatments:

1. Dismissal, removal from office, discharge or any other disadvantageous treatment corresponding to the loss of status;

2. Inappropriate personnel actions, such as a disciplinary punishment, suspension from office, salary reduction, demotion, or restrictions on promotion;

3. Failure to assign duties, reassignment of duties, or any other personnel actions against the wishes of the relevant person;

4. Discrimination in performance evaluations or peer review, or differential payment of wages, bonuses, etc. following such discrimination;

5. Restrictions on opportunities of education and training for the development and improvement of vocational skills;

6. Engagement in any act of causing mental or physical harm, such as group bullying, assault, or verbal abuse, or neglect of an occurrence of such act;

7. Any other disadvantageous treatment against the wishes of the employee who reports the occurrence of sexual harassment or the harassed employee, etc.

(7) No person who investigates the occurrence of sexual harassment in the workplace pursuant to paragraph (2), who receives a report on the details of investigation, or who participates in investigating sexual harassment shall divulge confidential information he/she obtains in the course of the relevant investigation to others against the wishes of a harassed employee, etc.: Provided, That the foregoing shall not apply where he/she reports matters related to the investigation to his/her employer or provides necessary information at the request of a related agency.

[This Article Wholly Amended by Act No. 15109, Nov. 28, 2017]

Article 14-2 (Prevention of Sexual Harassment by Clients, etc.)

(1) Where any person closely related to the duties, such as a client, causes an employee to feel sexual humiliation or repulsion by sexual words, actions, etc. during the performance of his/her duties and such employee requests resolution of the grievance thereby, his/her employer shall take appropriate measures such as changing his/her place of work, redeployment, or granting a paid leave of absence.

(2) No employer shall dismiss, or take any other disadvantageous measures against, an employee on account of his/her claim that he/she suffered damage under paragraph (1) or of disregard for sexual demands from clients, etc.

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

SECTION 3 Development of Vocational Abilities of Women and Facilitation of Their Employment

Article 15 (Vocational Guidance)

The employment security office under Article 2-2 (1) of the Employment Security Act shall take measures required for vocational guidance, such as providing data on surveys and research in regard to employment information and jobs, in order to make women select a job according to their aptitude, abilities, career, and level of skills, and adapt themselves with ease to such job.

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

Article 16 (Development of Vocational Abilities)

The State, local governments, and employers shall guarantee equal opportunities for both genders in all vocational ability development training in order to develop and improve vocational abilities of women.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 17 (Promotion of Women’s Employment)

(1) The Minister of Employment and Labor may fully or partially subsidize expenses incurred by non-profit corporations or organizations that establish or operate facilities to promote women’s employment.

(2) The Minister of Employment and Labor may fully or partially subsidize expenses incurred by the employers who conduct business to promote women’s employment or who intend to improve their working environments within the business place, such as establishing a resting place for women, lactation facility.

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

Article 17-2 (Support for Ability Development and Employment Promotion of Career-Interrupted Women)

(1) The Minister of Employment and Labor shall select promising job types and develop special training and employment promotion programs for career-interrupted women who have quit their jobs for such reasons as pregnancy, childbirth, childcare but have intention to be reemployed (hereinafter referred to as “career-interrupted women”).

(2) The Minister of Employment and Labor shall provide career-interrupted women with information on job and vocational training, etc. and services, such as professional vocational guidance, counseling, through the employment security office under Article 2-2 (1) of the Employment Security Act.

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

SECTION 4 Proactive Employment Improvement Measures

Article 17-3 (Establishment and Submission of Implementation Plans for Proactive Employment Improvement Measures)

(1) The Minister of Employment and Labor may request any of the following employers whose employed female employees' ratio by job type is short of the employment standard provided for by Ordinance of the Ministry of Employment and Labor for each industry and scale, to establish and submit implementation plans for proactive employment improvement measures in order to eliminate discriminatory employment practices and systems (hereinafter referred to as "implementation plans"). In such cases, the relevant employer shall submit the implementation plans:

1. Heads of public institutions and organizations prescribed by Presidential Decree;

2. Employer of business employing more employees than the scale prescribed by Presidential Decree.

(2) Any employer falling under any subparagraph of paragraph (1) shall submit the current status of male and female employees by job type and by position and the income status of male and female employees to the Minister of Employment and Labor.

(3) Any employer not falling under any subparagraph of paragraph (1) who intends to take proactive employment improvement measures may prepare the current status of male and female employees by job type and by position, the income status of male and female employees, and the implementation plans, and submit them to the Minister of Employment and Labor.

(4) The Minister of Employment and Labor shall examine implementation plans submitted under paragraphs (1) and (3), and where the relevant details are not clear or the efforts to eliminate discriminatory employment practices are insufficient, and thus the implementation plans are deemed inappropriate, he/she may request the relevant employer to supplement such plans.

(5) Matters necessary for implementation plans, items to be entered in the current status of male and female employees and the income status of male and female employees, timing and procedures for submission, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

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

Enforcement Ordinance

Article 17-4 (Evaluation of Performance Results and Support, etc.)

(1) Any person who has submitted an implementation plan under Article 17-3 (1) and (3) shall submit the performance results to the Minister of Employment and Labor.

(2) The Minister of Employment and Labor shall evaluate the performance results submitted under paragraph (1), and notify the employer of the results thereof.

(3) The Minister of Employment and Labor may commend an enterprise which is found to have excellent performance results after the evaluation under paragraph (2) (hereinafter referred to as “enterprise with excellent proactive employment improvement measures”).

(4) The State and local governments may render administrative and financial support to enterprises with excellent proactive employment improvement measures.

(5) The Minister of Employment and Labor may urge employers found to have poor performance results after the evaluation under paragraph (2) to perform their implementation plans.

(6) The Minister of Employment and Labor may entrust evaluation duties under paragraph (2) to an institution or organization prescribed by Presidential Decree.

(7) Matters necessary for items to be entered into the performance results under paragraph (1), period and procedures for submission, and notification procedures for evaluation results under paragraph (2), etc. shall be provided for by Ordinance of the Ministry of Employment and Labor.

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

Enforcement Ordinance

Article 17-5 (Publication of List of Employers Failing to Implement Proactive Employment Improvement Measures)

(1) When an employer who has failed to achieve the standard under Article 17-3 (1) on three consecutive occasions before the base date of publication of a list is urged to perform an implementation plan pursuant to Article 17-4 (5) and fails to follow it, the Minister of Employment and Labor may publicly announce the list of such persons: Provided, That the same shall not apply where any ground prescribed by Presidential Decree exists, including death of an employer and extinction of a business.

(2) Matters necessary for publication, such as specific standards, details, and methods of publication pursuant to paragraph (1), shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 12244, Jan. 14, 2014]

Enforcement Ordinance

Enforcement Ordinance

Article 17-6 (Posting of Implementation Plans, etc.)

The employer who has submitted an implementation plan under Article 17-3 (1) shall take necessary measures, such as posting the implementation plan and the performance results under Article 17-4 (1), so that his/her employees may peruse them.

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

Article 17-7 (Cooperation for Proactive Employment Improvement Measures)

The Minister of Employment and Labor may request the heads of related administrative agencies to take necessary measures to correct or prevent discrimination, if deemed necessary for efficient execution of proactive employment improvement measures. In such cases, the heads of related administrative agencies shall comply with such request except in any extenuating circumstances.

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

Article 17-8 (Deliberation on Important Matters concerning Proactive Employment Improvement Measures)

Each of the following matters related to the proactive employment improvement measures shall be deliberated by the Employment Policy Deliberative Council under Article 10 of the Framework Act on Employment Policy:

1. Matters concerning standards for the employment of female employees under Article 17-3 (1);

2. Matters concerning examination of implementation plans under Article 17-3 (4);

3. Matters concerning evaluation of performance results of proactive employment improvement measures under Article 17-4 (2);

4. Matters concerning commendation of and support for enterprises with excellent proactive employment improvement measures under Article 17-4 (3) and (4);

5. Matters concerning whether the publication under Article 17-5 (1) is made or not;

6. Other matters referred for discussion by the Chairperson of the Employment Policy Deliberative Council concerning proactive employment improvement measures.

[This Article Wholly Amended by Act No. 9792, Oct. 9, 2009]

Enforcement Ordinance

Article 17-9 (Surveys, Research, etc. of Proactive Employment Improvement Measures)

(1) The Minister of Employment and Labor may perform projects, such as surveys, research, education, and publicity, in order to efficiently perform duties of proactive employment improvement measures.

(2) The Minister of Employment and Labor may partially entrust the duties under paragraph (1) to persons prescribed by Presidential Decree, where deemed necessary.

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

Enforcement Ordinance