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]

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

Article 18 (Support for Maternity Leave)

(1) The State may pay an amount of money equivalent to the ordinary wages for the period of the relevant leave (hereinafter referred to as "maternity leave benefits, etc.") to persons meeting specific requirements among employees who have taken paternity leave under Article 18-2, or maternity leave or miscarriage and stillbirth leave under Article 74 of the Labor Standards Act.

(2) Maternity leave benefits, etc. paid under paragraph (1) shall be deemed paid by an employer within the limit of the amount of such benefits, etc. under Article 18-2 (1) or Article 74 (4) of the Labor Standards Act.

(3) Expenses incurred in paying maternity leave benefits, etc. may be borne by State finances or the social insurance under the Framework Act on Social Security.

(4) Where an employee intends to obtain maternity leave benefits, etc., an employer shall provide her with full cooperation in all procedures, such as preparation or verification of the relevant documents.

(5) Matters necessary for the requirements, period and procedures for payment of maternity leave benefits, etc. and other matters shall be prescribed by a separate statute.

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

Article 18-2 (Paternity Leave)

(1) Where an employee requests leave on grounds of his spouse's childbirth (hereinafter referred to as “paternity leave”), the employer shall grant leave for 10 days. In such cases, he shall be paid for the period of leave used.

(2) Notwithstanding the latter part of paragraph (1), where maternity leave benefits, etc. have been paid, the responsibility for payment shall be exempted within the limit of the relevant amount.

(3) No paternity leave may be requested after 90 days have elapsed from the date the spouse of the relevant employee gave birth.

(4) Paternity leave may be used over several occasions, limited to only once.

(5) No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of paternity leave.

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

Article 18-3 (Leave of Absence for Subfertility Treatment)

(1) Where an employee applies for a leave of absence to receive subfertility treatment (hereinafter referred to as "leave of absence for subfertility treatment") such as artificial insemination or in vitro fertilization, an employer shall grant a leave of absence to the employee for a period not exceeding three days a year, and in such cases, the first one day shall be a paid leave of absence: Provided, That where granting a leave of absence for a period as requested by the employee significantly impedes the operation of normal business, the employer may change the period in consultation with the employee.

(2) No employer shall give disadvantageous treatment such as dismissal or disciplinary punishment on the grounds that an employee takes a leave of absence for subfertility treatment.

(3) Methods, procedures, etc. for applying for a leave of absence for subfertility treatment shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 15109, Nov. 28, 2017]

Enforcement Ordinance

Article 19 (Childcare Leave)

(1) Where a pregnant female employee or an employee applies for a leave of absence (hereinafter referred to as "childcare leave") in order to enjoy maternity protection or to raise his or her children (including adopted children; hereinafter the same shall apply) aged eight years or younger or in the second grade or lower of elementary school, respectively, their employer shall grant permission therefor: Provided, That the same shall not apply to cases prescribed by Presidential Decree.

(2) The period of childcare leave shall not exceed one year.

(3) No employer shall dismiss, or take any other disadvantageous measure against, an employee on account of childcare leave, or dismiss the relevant employee during the period of childcare leave: Provided, That this shall not apply where the employer is unable to continue his or her business.

(4) After an employee uses childcare leave, the employer shall reinstate the relevant employee in the same work as before the leave, or any other work paying the same level of wages. The period of childcare leave under paragraph (2) shall be included in the period of his or her continuous service.

(5) The period of childcare leave of fixed-term employees or temporary agency workers shall not be included in the employment period prescribed in Article 4 of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees or in the period of temporary employment prescribed in Article 6 of the Act on the Protection, etc. of Temporary Agency Workers.

(6) Matters necessary for methods and procedures for application for childcare leave and other matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 21, 2007]

Enforcement Ordinance

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Enforcement Ordinance

Article 19-2 (Reduction of Working Hours for Period of Childcare)

(1) Where any employee applies for a reduction of working hours to rear his/her children aged eight years or younger or in the second grade or lower of elementary school (hereinafter referred to as "reduction of working hours for a period of childcare"), his/her employer shall grant it: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to employ his/her substitute or where the normal operation of business is significantly impeded.

(2) Where the employer does not grant a reduction of working hours for a period of childcare under the proviso of paragraph (1), he/she shall notify the relevant employee of the ground therefor in writing and have him/her use childcare leave, or consult with the relevant employee as to whether to support him/her through other measures, such as the adjustment of commuting time.

(3) Where the employer grants a reduction of working hours for a period of childcare to the relevant employee under paragraph (1), the working hours after reduction shall be at least 15 hours a week, but shall not exceed 35 hours a week.

(4) A reduction of working hours for a period of childcare shall be granted for up to one year: Provided, That where an employee who is eligible to apply for childcare leave pursuant to Article 19 (1) have not fully used such leave for a period of childcare leave under Article 19 (2), the remaining period shall be added to the period for reduction of working hours.

(5) No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of a reduction of working hours for a period of childcare.

(6) After an employee completes a reduction period of working hours for a period of childcare, the employer shall reinstate him/her in the same work as before a reduction of working hours, or any other work paying the same level of wages.

(7) Matters necessary for methods and procedures for filing an application for a reduction of working hours for a period of childcare and other matters shall be prescribed by Presidential Decree.

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

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Enforcement Ordinance

Article 19-3 (Working Conditions, etc. under Reduction of Working Hours for Period of Childcare)

(1) No employer shall apply unfavorable working conditions to an employee on reduced hours for a period of childcare under Article 19-2, except for applying them in proportion to working hours, on grounds of a reduction of working hours for a period of childcare.

(2) Working conditions of an employee on reduced hours for a period of childcare under Article 19-2 (including working hours after the reduction of working hours for a period of childcare) shall be determined in writing between the employer and the relevant employee.

(3) No employer may request an employee on reduced hours under Article 19-2 to work overtime: Provided, That where the relevant employee requests such overtime work specifically, the employer may have him/her work overtime up to 12 hours a week.

(4) Where average wages are calculated under subparagraph 6 of Article 2 of the Labor Standards Act with regard to an employee on reduced hours for a period of childcare, the period during which the working hours for a period of childcare of the relevant employee are reduced shall be excluded in calculating the period of average wages.

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

Article 19-4 (Types of Using Childcare Leave and Reduction of Working Hours for Period of Childcare)

(1) An employee may use childcare leave over several occasions, split into a maximum of two periods. In such cases, the number of childcare leave used by a pregnant female employee for maternity protection shall not be included in the number of split use of the child care leave.

(2) An employee may reduce working hours for a period of childcare over several occasions. In such cases, each period of use shall be at least three months (in cases of fixed-term employees who cannot reduce working hours for at least three months due to the termination of the contract period, referring to the remaining contract period).

[This Article Wholly Amended on Aug. 27, 2019]

Article 19-5 (Other Measures to Support Childcare)

(1) The employer shall endeavor to take any of the following measures in order to support childcare of an employee who rears children aged eight years or younger or in the second grade or lower of elementary school:

1. To adjust time to start and finish work;

2. To restrict overtime work;

3. To adjust working hours, such as reduction or flexible operation of working hours;

4. Other measures necessary to support childcare of the relevant employee.

(2) The Minister of Employment and Labor may provide necessary support, in consideration of effects on employment, etc., where the employer takes measures under paragraph (1).

[This Article Newly Inserted on Dec. 21, 2007]

Article 19-6 (Support by Employers for Employee's Reinstatement to Work)

The employer shall endeavor to develop and improve vocational abilities of employees on childcare leave under this Act and provide support so that employees who return to work after maternity leave, childcare leave, or reduction of working hours for a period of childcare may readily adapt to working life.

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

Article 20 (Assistance for Work-Family Balance)

(1) The State may, where the employer has granted childcare leave or a reduction of working hours for a period of childcare to the employee, partially subsidize the living expenses of the relevant employee and the expenses incurred in maintaining the employee's employment.

(2) The State may support employers who introduce measures to assist with work-family balance of his/her employees, through taxation and finance.

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

Article 21 (Establishment of, and Support for, Workplace Child Care Centers)

(1) Employers shall establish child care centers necessary for childcare, such as lactation and daycare (hereinafter referred to as "workplace child care center"), in order to assist in the employee's employment.

(2) Matters concerning the establishment and operation of workplace child care centers, such as the scope of employers obligated to establish child care centers, shall be governed by the Child Care Act.

(3) The Minister of Employment and Labor shall provide such assistance and guidance as required for the establishment and operation of workplace child care centers in order to promote the employment of employees.

(4) Where an employer operates a workplace child care center, he/she shall not discriminate against employees according to their employment type.

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

Article 21-2 (Other Childcare-Related Assistance)

Where any employer, other than an employer obligated to establish a workplace child care center under Article 21, intends to establish a child care center, the Minister of Employment and Labor may provide necessary assistance, such as providing information on the establishment and operation of workplace child care centers, counseling, and partial subsidization of expenses.

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

Article 22 (Establishment of Public Welfare Facilities)

(1) The State or local governments may establish public welfare facilities, such as education, childcare, and housing, in favor of female employees.

(2) Matters necessary for standards for and the operation of public welfare facilities under paragraph (1) shall be determined by the Minister of Employment and Labor.

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

Enforcement Ordinance

Article 22-2 (Support for Family Care of Employees)

(1) Where any employee applies for a leave of absence to care for his/her grandparents, parents, spouse, parents of his/her spouse, or grandchildren (hereinafter referred to as "family") on grounds of their disease, accident, or senility (hereinafter referred to as "family care leave"), the employer shall grant it: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to employ his/her substitute, where the normal operation of business is significantly impeded, or where his/her grandparents have other lineal descendants or his/her grandchildren have other lineal ascendants than the employee himself/herself.

(2) Where any employee applies for leave to urgently care for his/her family (excluding cases prescribed by Presidential Decree, such as where grandparents or grandchildren have other lineal descendants or lineal ascendants than the employee) on grounds of their disease, accident, or senility or to rear his/her children (hereinafter referred to as "short-term family care leave"), the employer shall grant it: Provided, That where granting such leave at the time the employee applies for it significantly impedes the normal operation of business, the timing for taking the leave may be changed through consultation with the employee.

(3) Where the employer does not grant family care leave under the proviso of paragraph (1), he/she shall notify the relevant employee of the ground therefor in writing and endeavor to take any of the following measures:

1. To adjust time to start and finish work;

2. To restrict overtime work;

3. To adjust working hours, such as reduction or flexible operation of working hours;

4. Other supportive measures appropriate for business place conditions.

(4) The period for using family care leave or short-term family care leave and the number of divided uses thereof shall be as follows:

1. The maximum period of family care leave shall be 90 days per year, and the relevant employee may use it over several occasions. In such cases, the period taken for one occasion shall be at least 30 days;

2. The maximum period of short-term family care leave shall be 10 days per year, and it shall be used on a daily basis: Provided, That the period of short-term family care leave shall be included in the period of family care leave.

(5) No employer shall dismiss the relevant employee, deteriorate his/her working conditions, or take any other disadvantageous measures against him/her on grounds of family care leave or short-term family care leave.

(6) The period of family care leave or short-term family care leave shall be included in the period of continuous service: Provided, That it shall be excluded from the period for calculating average wages defined in Article 2 (1) 6 of the Labor Standards Act.

(7) Employers shall endeavor to provide necessary psychological counseling services to assist his/her employees in maintaining a sound workplace and family life.

(8) The Minister of Employment and Labor may provide necessary support, in consideration of effects, etc. on employment, where the employer takes measures under paragraph (1) or (2).

(9) Matters necessary for the methods, procedures, etc. for applying for family care leave or short-term family care leave shall be prescribed by Presidential Decree

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

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 22-3 (Reduction of Working Hours for Family Care)

(1) Where any employee applies for a reduction of working hours for any of the following reasons, his/her employer shall grant it: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to employ his/her substitute or where the normal operation of business is significantly impeded:

1. Where an employee cares for his/her family on grounds of their disease, accident, or senility;

2. Where an employee cares for himself/herself on grounds of his/her disease, injury due to accident, etc.;

3. Where an employee aged 55 years or older prepares for his/her retirement;

4. Where an employee pursues his/her studies.

(2) Where the employer does not grant a reduction of working hours pursuant to the proviso of paragraph (1), he/she shall notify the relevant employee of the ground therefor in writing and have him/her take a leave, or consult with the relevant employee as to whether to support him/her through other measures.

(3) Where the employer grants a reduction of working hours to the relevant employee pursuant to paragraph (1), the working hours after reduction shall be at least 15 hours a week, but shall not exceed 30 hours a week.

(4) The period for a reduction of working hours shall not exceed one year: Provided, That where an employee who falls under any of paragraph (1) 1 through 3 has reasonable reasons, the period for a reduction of working hours may be additionally extended by a maximum of two years.

(5) No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of a reduction of working hours.

(6) After an employee completes a period for a reduction of working hours, the employer shall reinstate him/her in the same work as before the reduction of working hours, or in any other work paying the same level of wages.

(7) Matters necessary for the methods, procedures, etc. for applying for a reduction of working hours shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 16558, Aug. 27, 2019]

Enforcement Ordinance

Article 22-4 (Working Conditions under Reduction of Working Hours for Family Care)

(1) No employer shall apply unfavorable working conditions to an employee on reduced hours under Article 22-3, except for applying them in proportion to working hours, on grounds of the reduction of working hours for family care, etc.

(2) Working conditions of an employee on reduced hours under Article 22-3 (including working hours after the reduction of working hours) shall be determined in writing between the employer and the relevant employee.

(3) No employer may request an employee on reduced hours under Article 22-3 to work overtime: Provided, That where the relevant employee requests such overtime work specifically, the employer may have him/her work overtime up to 12 hours a week.

(4) Where average wages are calculated under subparagraph 6 of Article 2 of the Labor Standards Act with regard to an employee on reduced hours, the period during which the working hours of the relevant employee are reduced shall be excluded in calculating the period of average wages.

[This Article Newly Inserted by Act No. 16558, Aug. 27, 2019]

Article 22-5 (Formation of Foundation for Work-Family Balance Assistance)

(1) The Minister of Employment and Labor shall perform projects such as surveys, research and publicity to introduce and spread family-work balance programs and to support the smooth operation, etc. of measures to protect motherhood, and provide both employers and employees with professional counseling services, relevant information, etc.

(2) The Minister of Employment and Labor may perform the duties under paragraph (1) and those concerning support for the establishment and operation of workplace child care facilities under Articles 21 and 21-2 by entrusting them to public institutions or private organizations, as prescribed by Presidential Decree.

(3) The Minister of Employment and Labor may grant subsidies to the agencies entrusted with the duties under paragraph (2) to help them cover the expenses incurred in performing such duties.

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

Article 23 (Assistance for Counseling Services)

(1) The Minister of Employment and Labor may, within budgetary limits, partially subsidize necessary expenses incurred by private organizations in conducting counseling services on discrimination, sexual harassment on the job, protection of motherhood and work-family balance, etc.

(2) Matters necessary for the requirements for selecting organizations, criteria and procedures for subsidization, interruption of subsidization, etc under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

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

Article 24 (Honorary Supervisors for Equal Employment)

(1) The Minister of Employment and Labor may, in order to promote equal employment for both genders at the business place, commission a person from among the employees belonging to the relevant business place, who is recommended by both labor and management, as the honorary supervisor for equal employment (hereinafter referred to as the "honorary supervisor").

(2) The honorary supervisor shall perform the following duties:

1. Counseling and advice to employees becoming victims upon occurrence of discrimination or sexual harassment on the job at the relevant business place;

2. Participation in autonomous inspections and guidance of the status of equal employment at the relevant business place;

3. Recommendations to the employer on improvement of the matters involving violations of statutes or regulations, and report thereon to the supervisory agency;

4. Publicity and enlightenment concerning the equal employment system for both genders;

5. Other duties determined by the Minister of Employment and Labor in order to realize equal employment for both genders.

(3) No employer shall take any disadvantageous personnel measures against the relevant employee on grounds that such employee has duly performed duties as an honorary supervisor.

(4) Matters necessary for the commissioning, decommissioning, etc. of honorary supervisors shall be prescribed by Ordinance of the Ministry of Employment and Labor.

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

Article 25 (Voluntary Settlement of Disputes)

When any employee files a report on grievance of the matters under Articles 7 through 13, 13-2, 14, 14-2, 18 (4), 18-2, 19, 19-2 through 19-6, 21 and 22-2, the employer shall strive for voluntary settlement thereof, such as entrusting the settlement of grievances to the labor-management council established in relevant business place under the Act on the Promotion of Employees' Participation and Cooperation.

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

Enforcement Ordinance

Articles 26 through 29 Deleted.

Article 30 (Burden of Proof)

In settling disputes related to this Act, the burden of proof shall be borne by the employer.

[This Article Wholly Amended on Dec. 21, 2007]

Article 31 (Reporting, Inspections, etc.)

(1) The Minister of Employment and Labor may, if deemed necessary for the enforcement of this Act, order the employer to submit reports and relevant documents, or direct the relevant public officials to enter the business place and make inquiries of persons concerned, or inspect the relevant documents.

(2) The relevant public officials shall, in cases under paragraph (1), carry a certificate verifying his/her authority and produce it to persons concerned.

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

Article 31-2 (Request for Submission of Materials)

(1) The Minister of Employment and Labor may request the Minister of Health and Welfare or the National Health Insurance Service under the National Health Insurance Act for submission of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 50 of the foregoing Act for the purpose of performing any of the following duties. In such cases, the head of an agency so requested shall comply with such request unless there are justifiable reasons to do otherwise:

1. Affairs relating to the protection of motherhood under Chapter III;

2. Affairs relating to assistance for work-family balance under Chapter III-2;

3. Guidance on the protection of motherhood under Chapter III and on assistance for work-family balance under Chapter III-2;

4. Reporting, inspection, etc. under Article 31.

(2) The Minister of Employment and Labor may process the materials he or she receives under paragraph (1) through the employment information system under Article 15-2 (1) of the Framework Act on Employment Policy.

[This Article Newly Inserted on Jan. 28, 2016]

Article 32 (Publication of Current Status, etc. of Performing Equal Employment)

The Minister of Employment and Labor may, if deemed necessary to secure effectiveness of the enforcement of this Act, publish the actual status of performing equal employment, other results of surveys, etc.: Provided, That the same shall not apply where a publication is restricted by other Acts.

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

Article 33 (Keeping Relevant Documents)

Employers shall keep documents prescribed by Presidential Decree concerning the matters provided for in this Act for three years. In such cases, documents prescribed by Presidential Decree may be prepared and kept in electronic form under subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions.

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

Enforcement Ordinance

Article 34 (Application to Dispatched Work)

Each user company under subparagraph 4 of Article 2 of the Act on the Protection, etc. of Temporary Agency Workers shall be deemed the employer under this Act, in applying Article 13 (1) to the business place where dispatched work is conducted pursuant to the foregoing Act.

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

Article 35 (Subsidization of Expenses)

(1) The State, local governments, and public agencies may, within budgetary limits, fully or partially subsidize expenses incurred in performing projects related to promotion of employment and welfare of women.

(2) The State, local governments, and public agencies may, where a person in receipt of subsidy under paragraph (1) falls under any of the following cases, revoke a decision on paying subsidy fully or partially, and order the return of all or part of the subsidy that has been paid:

1. Where he/she has used the subsidy for purposes other than intended purposes;

2. Where he/she has violated the terms of the decision on paying subsidy (including the relevant conditions, if they are attached thereto);

3. Where he/she has received a subsidy by false or any other unlawful means.

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

Article 36 (Delegation and Entrustment of Authority)

The Minister of Employment and Labor may, as prescribed by Presidential Decree, delegate part of the authority under this Act to the heads of local employment and labor administration agencies or of local governments, or entrust it to public agencies.

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

Enforcement Ordinance

Enforcement Ordinance

Article 36-2 (Review of Regulations)

The Minister of Employment and Labor shall review the validity of requests for provision of materials relating to claims for benefits to cover medical expenses for pregnancy and childbirth under Article 31-2 every five years based on January 1, 2016 (referring to the period before January 1 of every five years) and take measures, such as improvements, accordingly.

[This Article Newly Inserted by Act No. 13932, Jan. 28, 2016]

Enforcement Ordinance

Article 37 (Penalty Provisions)

(1) Where an employer discriminates on grounds of gender in age limit, retirement and dismissal of his/her employees or concludes an employment contract that stipulates marriage, pregnancy, or childbirth of female employees as grounds for retirement in violation of Article 11, he/she shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won.

(2) Where an employer commits any of the following violations, he/she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. Where the employer fails to provide equal pay for equal-value work within the identical business, in violation of Article 8 (1);

2. Where the employer gives disadvantageous treatment to a person who reports the occurrence of sexual harassment on the job, a harassed person, etc., in violation of Article 14 (6);

2-2. Where the employer dismisses, or takes any disadvantageous measures against, an employee on grounds of paternity leave, in violation of Article 18-2 (5);

3. Where the employer dismisses, or takes any other disadvantageous measures against, an employee on grounds of childcare leave, in violation of Article 19 (3), or dismisses the relevant employee during the period of childcare leave although no ground provided for in the proviso of the same paragraph occurs;

4. Where the employer dismisses, or takes other disadvantageous measures against, an employee on grounds of a reduction of working hours for a period of childcare, in violation of Article 19-2 (5);

5. Where the employer applies unfavorable working conditions to an employee on reduced hours for a period of childcare, except for applying them in proportion to the working hours, on grounds of such reduction of working hours, in violation of Article 19-3 (1);

6. Where the employer dismisses the relevant employee, deteriorates his/her working conditions, or takes any other disadvantageous measures against him/her on grounds of family care leave or short-term family care leave, in violation of Article 22-2 (5);

7. Where the employer dismisses, or takes any disadvantageous measures against, an employee on grounds of a reduction of working hours, in violation of Article 22-3 (5);

8. Where the employer applies unfavorable working conditions to an employee on reduced hours, except for applying them in proportion to working hours, on grounds of the reduction of working hours for family care, etc., in violation of Article 22-4 (1).

(3) Where an employer requests his/her employee on reduced hours for a period of childcare or for family care, etc. to work overtime although such employee has not requested such overtime work specifically, in violation of Article 19-3 (3) or 22-4 (3), he/she shall be punished by a fine not exceeding 10 million won.

(4) Where an employer commits any of the following offences, he/she shall be punished by a fine not exceeding five million won:

1. Where the employer discriminates on grounds of gender in recruiting and employing an employee, or exhibits or demands physical conditions such as appearances, height or weight and unmarried status, which are not required for performing the relevant duties, in violation of Article 7;

2. Where the employer discriminates on grounds of gender in providing welfare, such as money, goods or similar thereto, or loans of funds, in order to support the livelihood of his/her employees except for wages, in violation of Article 9;

3. Where the employer discriminates on grounds of gender in education, assignment, and promotion of his/her employees, in violation of Article 10;

4. Where the employer fails to grant permission for childcare leave after receiving an application therefor, or fails to reinstate his/her employee in the same work as before the leave, or any other work paying the same level of wages after he/she uses childcare leave, in violation of Article 19 (1) and (4);

5. Where the employer fails to reinstate his/her employee in the same work as before a reduction of working hours for a period of childcare, or any other work paying the same level of wages after he/she completes a period for the reduction of working hours for a period of childcare, in violation of Article 19-2 (6);

6. Where the employer takes any disadvantageous personnel measures, etc. against the relevant employee on grounds that such employee has duly performed his/her duties as an honorary supervisor, in violation of Article 24 (3).

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

Article 38 (Joint Penalty Provisions)

If the representative of a juristic person, or an agent, an employee or any other employed person of the juristic person or an individual commits an offense under Article 37 with respect to affairs of the juristic person or individual, not only the offender shall be punished, but also the juristic person or individual shall be punished by a fine under the corresponding Article: Provided, That this shall not apply where the juristic person or individual has not neglected to pay due attention and to exercise supervision with respect to the relevant affairs to prevent such offense.

[This Article Wholly Amended by Act No. 9998, Feb. 4, 2010]

Article 39 (Administrative Fines)

(1) Where an employer commits sexual harassment on the job in violation of Article 12, he/she shall be punished by an administrative fine not exceeding 10 million won.

(2) Where an employer commits any of the following offenses, he/she shall be punished by an administrative fine not exceeding five million won:

1. Deleted;

1-2. Where he/she fails to conduct preventive education of sexual harassment, in violation of Article 13 (1);

1-3. Where he/she fails to post or keep the details of preventive education of sexual harassment in a place at all times that can be readily accessed by employees, in violation of Article 13 (3);

1-4. Where he/she fails to conduct an investigation to verify whether sexual harassment on the job has occurred, in violation of the former part of Article 14 (2);

1-5. Where he/she fails to take necessary measures such as the change of the place where a harassed employee works, in violation of Article 14 (4);

1-6. Where he/she fails to take necessary measures, such as a disciplinary punishment or the change of the place where a person who has committed sexual harassment works, in violation of the former part of Article 14 (5);

1-7. Where he/she divulges confidential information he/she has obtained in the course of investigating sexual harassment which has occurred in the workplace to others, in violation of Article 14 (7);

2. Where the employer dismisses, or takes any other disadvantageous measures against, an employee on grounds of his/her claim that he/she suffered damage from sexual harassment by clients, etc. or of disregard for sexual demands from clients, etc., in violation of Article 14-2 (2);

3. Where the employer fails to grant leave although an employee has requested leave on grounds of his spouse's giving birth or fails to pay for the period of leave used, in violation of Article 18-2 (1);

3-2. Where he/she fails to grant a leave of absence for subfertility treatment, in violation of Article 18-3 (1);

4. Where the employer fails to grant a reduction of working hours for a period of childcare and to notify the relevant employee of the ground therefor in writing or fails to consult with the relevant employee as to whether to support him/her through use of childcare leave or other measures, in violation of Article 19-2 (2);

5. Where the employer fails to determine, in writing, the working conditions of an employee on reduced hours for a period of childcare, in violation of Article 19-3 (2);

6. Where the employer fails to grant a reduction of working hours for a period of childcare although he/she has received an application therefor, in violation of Article 19-2 (1);

7. Where the employer fails to grant family care leave although he/she has received an application therefor, in violation of Article 22-2 (1);

8. Where the employer fails to grant short-term family care leave although he/she has received an application therefor such leave, in violation of Article 22-2 (2).

(3) Any of the following persons shall be punished by an administrative fine not exceeding three million won:

1. Deleted;

1-2. Where an employer fails to take appropriate measures, such as the change of the place of work, redeployment, or the granting of a paid leave of absence, in violation of Article 14-2 (1);

2. A person who fails to submit implementation plans, in violation of Article 17-3 (1);

3. A person who fails to submit the current status of male and female employees or submits the false current status thereof, in violation of Article 17-3 (2);

4. A person who fails to submit the performance results or submits false ones, in violation of Article 17-4 (1) (excluding where the person who has submitted implementation plans under Article 17-3 (3) fails to submit the performance results);

5. A person who fails to fully cooperate in all procedures such as preparation and verification of relevant documents, in violation of Article 18 (4);

6. A person who refuses to submit reports or relevant documents under Article 31 (1), or reports or submits false reports or relevant documents;

7. A person who refuses, obstructs, or evaded an inspection under Article 31 (1);

8. A person who fails to keep relevant documents for three years, in violation of Article 33.

(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.

(5) through (7) Deleted.

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

Enforcement Ordinance

Article 1 (Enforcement Date)

This Act shall enter into force six months after its promulgation. Provided that Amendments from Article 17-5 to 17-9 shall enter into force Jan. 1, 2015.

Article 2 (Application of Public Announcement of List of Employers Failing to Execute Affirmative Employment Plan)

The amendment to Article 17-5 shall apply to cases in which a plan for implementation is submitted after the enforcement date of this Act.

Article 3 (Application Example concerning Relaxation of Application Requirements for Childcare Leave)

The amendment to Article 19 (1) shall apply to workers who ask for childcare leave after the enforcement date of this Act.

Article 4 (Revision of Other Acts)

Parts of the Framework Act on Employment Policy shall be revised as follows：
“Article 17-7 of the Act on Equal Employment and Support for Work-Family Reconciliation” in Article 10 (2) 6 shall be changed to “Article 17-8 of the Act on Equal Employment and Support for Work-Family Reconciliation”.