Ⅰ. Concept

The Equal Employment Opportunity and Work-Home Balance Assistance Act has been established to prohibit any discrimination on the basis of gender in determining working conditions for recruitment, employment, wages, promotion, training, etc.


Equal Employment Act). Article 37 (Penal Provisions)
① If an employer discriminates against men or women in worker age limit, retirement and dismissal in violation of Article 11, he/she shall be punished by imprisonment of 5 years or less or a penalty of 30 million won or less.
② If an employer commits an act in violation of any of the following subparagraphs, he/she shall be punished by imprisonment of three years or less or a penalty of 30 million won or less:
1. If an employer does not pay the equal wage for the work of equal value in the same business in violation of Article 8(1);
④ If an employer commits a violation falling under any of the following subparagraphs, he/she shall be punished by a penalty of 5 million won or less:
1. In violation of Article 7, an employer discriminates against men or women based on gender in recruitment and hiring, or when recruiting and hiring female workers, if an employer presents or demands certain physical conditions, including appearance, height, weight, etc., unmarried status, etc., which are not required to perform a certain job;
2. In violation of Article 9, if an employer discriminates against men or women in managing welfare programs such as payment of money and goods or loans other than wages in a bid to support workers lives; and
3. In violation of Article 10, if an employer discriminates against men or women in training, posting and promotion.


Ⅱ. Criteria for Evaluating Gender Discrimination

The term discrimination refers to applying different conditions of employment or work to workers or disadvantaging certain workers without reasonable cause on the basis of gender, marital status, status in the family, pregnancy, childbirth, etc. Even should an employer apply the same terms and conditions of employment to male and female employees, if the number of male or female employees who meet the conditions is significantly lower than that of the employees of the opposite gender, bringing unfavorable consequences to the employees of a particular gender, and the employer cannot justify those terms and conditions of employment, this case shall be regarded as discrimination in employment(Article 2(1)).
However, the employer concerned shall not be deemed discriminative, when, because of the nature of the work concerned, it is inevitable to employ workers of a particular gender for the work; the employer takes actions to protect maternity, such as pregnancy, delivery, and baby nursing, of female employees; or the employer takes the affirmative action to increase equality in employment in accordance with the relevant law and regulations.
In solving disputes related to gender discrimination, the employer shall take responsibility in verifying whether or not appropriate measures are reasonable.

Ⅲ. Prohibition against Discrimination during Recruitment and Hiring

When recruiting and hiring female workers, an employer shall not present or demand certain physical conditions such as appearance, height, etc., which are not required to perform a certain job for which the employee seeks employment(Article 7).

The following cases in recruiting and hiring may be classified as gender discrimination:

－Females are not allowed equal opportunity as males during recruitment.
－Limited conditions apply only to females such as: Recruitment of male employees; Men between ages 25~30, women who are unmarried.
－Men and women are recruited separately or a desired number per gender is assigned as(n) men for managerial positions:(n) women for sales positions, or in cases where a certain job is limited to female employees.
－Regardless of the same education and job experience, a lower position is given to women: e.g. Managerial position, 5th grade: female high school graduates; managerial position, 4th grade: male high school graduates.
－After hiring the employees under the same conditions, men are hired as regular employees, but women as irregular employees.
－In an interview, female applicants are asked more difficult questions than were asked of male applicants.

However, there are exceptions for certain businesses such as entertainment businesses when hiring actors and models, etc. that must consider gender or appearance; security businesses, etc. that hire only males; and those businesses which are prohibited by law from hiring women or allowed to hire only females.

Ⅳ. Prohibition against Discrimination in Wage and Welfare Programs

An employer shall pay equal wages for equal work in the same business. The criteria for equal work shall include skills, effort, responsibilities, working conditions, etc., required to perform work(Article 8).

Concerning wages and welfare programs, the following cases are examples of gender discrimination:

－For work of equal value, the employer pays a lower wage to females than to males solely on account of gender.
－Existence of a different wage table based upon gender
－The employer keeps a separate criteria(based on gender) for adjustment of wage level or promotion for workers having similar backgrounds, job experience, schooling, etc.
－Family allowance is rendered differently according to a classification of gender such as male employee with spouse.
－The employer places a higher than expected wage level on male workers based upon their military service.

Ⅴ. Prohibition of Discrimination during Training, Deployment, and Promotion

An employer shall not discriminate against men or women during training, deployment, or promotion on account of marital status, pregnancy, childbirth or gender. The employer also shall not exclude women from certain positions, nor discriminate against men by depriving them of any chance for promotion(Article 10).

Concerning general personnel issues such as transfer, promotion, retirement, etc., the following is gender discrimination:

－Unfavorable personnel transfer on account of marital status, pregnancy, childbirth, etc.
－Separate assignments given to a specific gender to subsidiary work, a special job or field.
－No opportunity given to women; promotion is harder for women than men.
－Assignment by gender when applying employment management system per course.

Ⅵ. Prohibition against Discrimination on Retirement Age Limit, Retirement and Dismissal

An employer shall not discriminate against men or women in respect to their retirement age limit, retirement, or dismissal. The employer also shall not draw a labor contract stipulating marriage, pregnancy or childbirth of working women as cause for retirement(Article 11).

Retirement age limit is the age in which the labor contract automatically expires. Provided that it is not regulated by law, the retirement age shall be determined in the collective agreement, rules of employment, etc.

The following cases for retirement age limit, retirement and dismissal are examples of gender discrimination:

－Different retirement age for men and women in the same workplace
－When marriage compels retirement
－Dismissal for managerial reasons of which the criteria is based upon gender
－Dismissal due to marriage, pregnancy or childbirth of working women
－Disadvantageous reasons for disciplinary action