I. Understanding Motherhood Protection
The Korean government is taking steps to protect motherhood through specific provisions stipulated by the Constitution of the Republic of Korea as well as other practical provisions stipulated by various labor laws. Despite these protection laws, the birthrate has decreased to an average of just 1.19 persons per couple as of 2013, and the government has strengthened its efforts in response towards revising labor laws designed to promote workforce participation by women and also increase the birthrate. I present here a summary of the most recent laws and revisions concerning protection of and support for motherhood.

II. Protection of Maternal Employees
A “maternal employee” refers to a woman who is pregnant or is within her first year after childbirth, and is therefore provided special protection under the various laws so designed.

1. Employment in hazardous/dangerous work prohibited
Employers shall not assign maternal employees to mentally and physically hazardous work. In addition, they shall not assign women aged 18 or older who are not pregnant to work that is hazardous to their possible future pregnancy and/or childbirth. Occupations that are prohibited are described in the attached Table 4 of the Presidential Decree (Article 65 of the LSA (Labor Standards Act)).

2. Restrictions on extended work, night work and holiday work
(1) Extended work
Employers shall not place pregnant female employees on overtime duty or flexible work, and, in the event of such a request from the employee, she shall be assigned light duties. Employers shall not permit women who have had less than one year since childbirth to work more than 2 hours in overtime per 8-hour work day, and 6 hours per work week of 40 hours, even if so agreed in a collective agreement (Article 51, 71, 74 of the LSA).
(2) Night work and holiday work (Article 70 of the LSA)
Employers shall not assign maternal employees to work at night (from 10 P.M to 6 A.M.) or on holidays. However, exception to such restrictions on night work and holiday work are possible in cases where the employer obtains permission in advance from the Minister of Employment & Labor and 1) there is consent from the employee with less than one year since childbirth; or 2) a pregnant woman makes such a request.

3. Protection leave for maternal employees
(1) Maternity leave
Employers shall grant pregnant female employees 90 days of maternity leave (120 days if a woman is pregnant with two or more babies), to be used before and after childbirth. In such cases, a minimum of 45 days (60 days for multiple babies) shall be allocated after childbirth. At the end of the maternity leave, the employer shall allow the female employee to return to the same work, or other work at the same rate of pay, as before the leave. The first 60 days (75 days for multiple babies) of leave shall be paid leave. The remaining 30 days (or 45 days for multiple babies) qualify for reimbursement of up to 1.35 million won (2.025 million won for multiple babies) through employment insurance, provided, that for companies eligible for preferential support, the employee concerned will receive the first 60 days’ maternity leave allowance (up to 1.35 million won per month) from employment insurance. In this case, the employer will pay the amount of the ordinary wage exceeding the government subsidy (Article 74 of the LSA).
* Amount of Maternity Leave Benefits for Companies Eligible for Priority Support
1. Maximum amount: 4.05 million won (1.35 million won per month) in cases where the amount of ordinary wage corresponding to 90 days of maternity leave or miscarriage/stillbirth leave exceeds 4.05 million won, provided that in cases where the period of payment of maternity leave benefits, etc., is less than 90 days, the amount shall be calculated based on the number of actual leave days; and
2. Minimum amount: an amount equivalent to ordinary wage for the period of payment of the maternity leave benefits, etc., calculated using the hourly minimum wage as the hourly ordinary wage of the employee in cases where the hourly ordinary wages of the employee are lower than the hourly minimum wage applied on the beginning date of maternity leave or miscarriage/stillbirth leave in accordance with the Minimum Wage Act.
Employers shall not dismiss any female employee during a period of temporary interruption of work before or after childbirth as provided herein and within 30 days thereafter. For the purpose of calculating annual paid leave, the maternity leave shall be regarded as attended days. Also, in calculating the average wage for purposes of severance payment, the period of maternity leave and the wage paid during the maternity period shall be deducted from the calculation of average wage required to be included in the period and wage.
(2) Advance maternity leave
In cases where an employee who is or was recently pregnant requests leave due to a miscarriage or other pregnancy-related reason, the employer shall allow her to take leave at any time prior to the expected due date. In any case, 45 or more continuous days (60 days for multiple babies) shall be provided after childbirth or miscarriage. Reasons for advance maternity leave are as follows (Article 74 of the LSA):
1) In cases where a pregnant employee went through a miscarriage or stillbirth in the past;
2) In cases where a pregnant employee is over 40 years of age at the time of the request for a maternity leave; and
3) In cases where a pregnant employee submits a medical document issued by a hospital that describes the danger of miscarriage or stillbirth.
(3) Maternity leave for miscarriage or stillbirth
At the request of a maternal employee who has suffered a miscarriage or stillbirth, the employer shall grant her leave for miscarriage or stillbirth, except where the miscarriage is the result of an artificially-induced abortion. If a maternal employee who has had a miscarriage or stillbirth asks for maternity leave, she must submit to the employer an application for miscarriage or stillbirth leave, providing the reason for the request for leave, the date of the miscarriage or stillbirth and the pregnancy period, along with a medical certificate issued by a medical organization. In cases of miscarriage or stillbirth, the employer shall pay the ordinary wage for the period given for maternity leave, just as with a normal maternity leave, as follows:
1) A pregnancy period of 11 weeks or less: five days from the date of miscarriage or stillbirth;
2) A pregnancy period of 12 weeks or more but less than 15 weeks: ten days from the date of
miscarriage or stillbirth;
3) A pregnancy period of 16 weeks or more but less than 21 weeks: thirty days from the date of
miscarriage or stillbirth;
4) A pregnancy period of 22 weeks or more but less than 27 weeks: sixty days from the date of
miscarriage or stillbirth; and
5) A pregnancy period of 28 weeks or more: ninety days from the date of miscarriage or stillbirth.
(4) Reduced working hours during the pregnancy period
In cases where a maternal employee who is pregnant for 12 weeks or less or 36 weeks or more applies for reduced working hours, the employer shall allow it. Provided that the pregnant employee’s current working hours are less than 8 per day, the employer may reduce her working hours to 6 hours per day. The employer cannot reduce the wage of the employee due to the reduced working hours. (Article 74 of the LSA)
(5) Allowing paid time off for prenatal examinations
If a pregnant female employee makes a request to take time off from work to receive a regular pregnancy health checkup, the e