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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY


BALANCE ASSISTANCE ACT
[Enforcement Date 02. Sep, 2012.] [Act No.11461, 01. Jun, 2012., Other
Laws and Regulations Amended]
()044-202-7471


www.law.go.kr
2015.07.03

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE


ASSISTANCE ACT
[Enforcement Date 02. Sep, 2012.] [Act No.11461, 01. Jun, 2012., Other Laws and Regulations Amended]
() 044-202-7471

CHAPTER I GENERAL PROVISIONS


Article 1 (Purpose)
The purpose of this Act is not only to materialize 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 contribute to the improvement of the quality of all the people's
life by assisting work-family balance of workers.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

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 a worker
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 cases 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, and thus causing disadvantageous results to the opposite
gender, and the said conditions may not be attested to be justifiable): Provided,
That this shall not apply to any of the following cases:
(a)

Cases where a specific gender is inevitably requested in view of the

characteristics of duties;
(b)

Cases where measures are taken for protecting motherhood, such as

pregnancy, childbirth and lactation of female workers;

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

(c) Other cases where positive 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 a
worker causes another worker feel sexual humiliation or a repulsive feeling by
sexual words or actions by utilizing a position within a workplace or in relation with
duties, or providing any disadvantages in employment on account of disregard to
sexual words or actions or any other demands, etc.;
3. The term "positive employment improvement measures" means measures to
favorably treat the specific gender temporarily in order to eliminate existing
employment discrimination between men and women, or to promote equal
employment;
4. The term "worker" 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 businesses or
business places (hereinafter referred to as "business") that employ workers:
Provided, That the whole or part of this Act may not apply to the business
designated by Presidential Decree.
(2) The materialization of equal employment for both genders and work-family
balance shall be governed by this Act except as otherwise provided for by other
Acts.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

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 materialization of equal employment for both genders.
(2) The State and local governments shall support the endeavors of workers and the
employer for work-family balance and endeavor to prepare financial resources
necessary for assisting such balance and create the given conditions.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

Article 5 (Responsibility of Workers and Employers) (1) Workers shall endeavor to


create a business place 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 workers of
both genders display their abilities under the same given conditions, by improving
various practices and systems detrimental to the materialization of equal employment
for both genders at the relevant business place.
(3) Employers shall improve various practices and systems detrimental to workfamily 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 the policies falling under each of the following
subparagraphs in order to materialize equal employment for both genders and workfamily balance: <Amended by Act No. 10339, Jun. 4, 2010>
1. Publicity for spreading the consciousness of equal employment for both genders;
2.

Selection of excellent enterprises in equal employment for both genders

(including excellent enterprises in positive employment improvement measures


under Article 17-4), and administrative and financial support;
3. Establishment and promotion of a special period to emphasize equal employment
for both genders;
4. Survey and research to improve discriminations 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 materialization of equal employment for both
genders and for assistance in 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 the relevant administrative agencies,
local governments, and other public agencies to render cooperation thereto.
<Amended by Act No. 10339, Jun. 4, 2010>

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT


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

Article 6-2 (Formulation of Master Plans) (1) The Minister of Employment and Labor
shall formulate a master plan for the materialization of equal employment for both
genders and work-family balance (hereinafter referred to as "master plan").
<Amended by Act No. 10339, Jun. 4, 2010>
(2) A master plan shall include the following matters: <Amended by Act No. 10339,
Jun. 4, 2010>
1. Matters concerning the promotion of the employment of women;
2. Matters concerning the guarantee of equal opportunities and treatment for both
genders;
3. Matters concerning the fixing of the principle of equal pay for work of equalvalue;
4. Matters concerning the development of vocational abilities of women;
5. Matters concerning the protection of motherhood of female workers;
6. Matters concerning assistance in work-family balance;
7. Matters concerning the establishment and operation of welfare facilities for
female workers;
8. Other matters deemed necessary by the Minister of Employment and Labor for
the materialization of equal employment for both genders and assistance in workfamily balance.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

Article 6-3 (Performance of Surveys on Current Status) (1) The Minister of


Employment and Labor shall perform periodic surveys to understand the current
status of the improvement of the discrimination between both genders in business or
at the business place, the protection of motherhood and work-family balance.
<Amended by Act No. 10339, Jun. 4, 2010>
(2) The objects, period, details, etc. of surveys and other matters necessary for
survey of current status under paragraph (1) shall be prescribed by Ordinance of the
Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

CHAPTER II GUARANTEE OF EQUAL OPPORTUNITIES AND TREATMENT, ETC.


IN EMPLOYMENT OF MEN AND WOMEN
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 recruitment or employment of workers.
(2) In recruiting or employing female workers, no employer shall exhibit or demand
physical conditions, such as appearances, height, weight, etc., and unmarried
conditions not required for performing the relevant duties, or any other conditions
prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by
Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 8 (Wages) (1) The employer shall provide equal pay for work of equal-value
within the identical business.
(2) Standards for work of equal-value 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 workers 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, etc. in order to subsidize the living of his/her
workers 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 workers.

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT


[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 workers.
(2) No employer shall conclude an employment contract that stipulates marriage,
pregnancy, or childbirth of female workers 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 worker shall commit any sexual harassment on the job
against another worker.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 13 (Preventive Education of Sexual Harassment on Job) (1) The employer shall
conduct preventive education of sexual harassment on the job (hereinafter referred
to as "preventive education of sexual harassment") in order to prevent sexual
harassment on the job and to create the given conditions whereunder his/her
workers may work in a safe working environment.
(2) Matters necessary concerning the detail, methods, frequency, etc. of preventive
education of sexual harassment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 13-2 (Entrustment of Preventive Education of Sexual Harassment) (1) The


employer may conduct preventive education of sexual harassment by entrusting it to
the institution designated by the Minister of Employment and Labor (hereinafter
referred to as the "institution of preventive education of sexual harassment").
<Amended by Act No. 10339, Jun. 4, 2010>
(2)

The institution for preventive education of sexual harassment shall be

designated among the institutions provided by Ordinance of the Ministry of


Employment and Labor, and it shall have one or more of lecturers provided by
Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339,
Jun. 4, 2010>

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

(3) The 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 roster of persons completing education etc., and deliver such data to
employers or persons undergoing education. <Amended by Act No. 10339, Jun. 4,
2010>
(4) The Minister of Employment and Labor may cancel relevant designation where
the institution for preventive education of sexual harassment falls under any one of
the following subparagraphs: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where the designation has been obtained by false or other unlawful means;
2. Where the lecturer prescribed in paragraph (2) has not been placed consecutively
for 6 months or longer without any justifiable reasons.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 14 (Measures in Event of Sexual Harassment onJob) (1) The employer shall,
where an occurrence of sexual harassment on the job has been verified, take without
delay disciplinary measures or any other action corresponding thereto against the
relevant actor.
(2) The employer shall not dismiss, or take any other disadvantageous measures
against, a worker who has been damaged with regard to sexual harassment on the
job or claimed damage occurred from sexual harassment.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 14-2 (Prevention of Sexual Discrimination by Clients, etc.) (1) Where any
person closely related to the duties, such as a client, etc. causes a worker feel
sexual humiliation or repulsive feeling by sexual words, actions, etc. during the
performance of the duties and such worker requests resolution of the grievance
thereby, the employer shall endeavor to take all possible measures, such as the
change of workplace and relocation.
(2) No employer shall dismiss, or take any other disadvantageous measures against,
a worker on account of his/her claim for any damage under paragraph (1) or of
disregard for sexual demands from clients, etc.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

SECTION 3 Development of Vocational Abilities of Women and Facilitation of


Their Employment
Article 15 (Vocational Guidance)
The employment stabilization agency 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.<Amended by Act No. 9795, Oct. 9,
2009>
[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 Employment of Women) (1) The Minister of Employment and


Labor may wholly or partially subsidize expenses incurred in non-profit corporations
or organizations that establish or operate facilities to promote the employment of
women. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor may wholly or partially subsidize
expenses incurred by the employers who conduct business to promote the
employment of women or who intend to improve their working environments within
the business place, such as establishing a resting place for women, lactation facility,
etc. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 17-2 (Support for Ability Development and Employment Promotion of CareerInterrupted Women) (1) The Minister of Employment and Labor shall select job
types with good employment prospects and develop special training and employment
promotion programs for career-interrupted women who have quit their jobs for such

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

reasons as pregnancy, childbirth, childcare, etc. but have intention to be reemployed


(hereinafter referred to as "career-interrupted women"). <Amended by Act No.
10339, Jun. 4, 2010>
(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, etc. through the employment
stabilization agency under Article 2-2 (1) of the Employment Security Act.
<Amended by Act No. 9795, Oct. 9, 2009; Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

SECTION 4 Positive Employment Improvement Measures


Article 17-3 (Establishment and Submission, etc. of Implementation Plans for Positive
Employment Improvement Measures) (1) The Minister of Employment and Labor
may request any of the following employers whose employed female workers' 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 of positive employment improvement measures for
improvement of discriminative employment practices and systems (hereinafter
referred to as "implementation plans"). In such cases, the relevant employer shall
submit the implementation plans: <Amended by Act No. 10339, Jun. 4, 2010>
1. Head of public agencies and organizations prescribed by Presidential Decree;
2. Employer of business employing more workers 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 workers by job type and by position to the
Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Any employer not falling under any subparagraph of paragraph (1) who intends
to take positive employment improvement measures may prepare the current status
of male and female workers by job type and the implementation plans, and submit
them to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4,
2010>

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

(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 improve discriminative employment practices are insufficient, and
thus deemed in appropriate as implementation plans, he/she may request the relevant
employer to supplement implementation plans. <Amended by Act No. 10339, Jun. 4,
2010>
(5) Necessary matters concerning implementation plans under paragraphs (1) and
(2), items to be entered in current status of male and female workers, time and
procedures for submission, etc. shall be prescribed by Ordinance of the Ministry of
Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

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. <Amended
by Act No. 10339, Jun. 4, 2010>
(2) The Minister of Employment and Labor shall evaluate the performance results
submitted under paragraph (1), and notify the employer of the relevant results.
<Amended by Act No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor may commend an enterprise with
excellent performance results as a result of evaluation under paragraph (2)
(hereinafter referred to as "enterprise with excellent positive employment
improvement measures"). <Amended by Act No. 10339, Jun. 4, 2010>
(4) The State and local governments may render administrative and financial
support to enterprises with excellent positive employment improvement measures.
(5)

The Minister of Employment and Labor may urge employers with poor

performance results as a result of evaluation under paragraph (2) to perform their


implementation plans. <Amended by Act No. 10339, Jun. 4, 2010>
(6) The Minister of Employment and Labor may entrust evaluation duties under
paragraph (2) to institutions or organizations prescribed by Presidential Decree.
<Amended by Act No. 10339, Jun. 4, 2010>
(7) Necessary matters concerning items to be entered into the performance results
under paragraph (1), period of submission and procedures for submission and

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

notification procedures for evaluation results under paragraph (2) shall be provided
for by Ordinance of the Ministry of Employment and Labor. <Amended by Act No.
10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 17-5 (Posting of Implementation Plans, etc.)


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 workers may
peruse them">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 workers may
peruse them.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 17-6 (Cooperation for Positive Employment Improvement Measures)


The Minister of Employment and Labor may request the heads of related
administrative agencies to take necessary measures for correction or prevention of
discrimination if deemed necessary for efficient execution of positive employment
improvement measures. In such cases, the heads of related administrative agencies
shall comply with such request unless any special reason exists.<Amended by Act No.
10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 17-7 (Deliberation on Important Matters concerning Positive Employment


Improvement Measures)
Each of the following matters related to the positive employment improvement
measures shall be deliberated by the committee for positive employment
improvement under Article 10 of the Framework Act on Employment Policy:
1. Matters concerning standards for the employment of female workers 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 positive employment
improvement measures under Article 17-4 (2);

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

4. Matters concerning commendation of and support for enterprises with excellent


positive employment improvement measures under Article 17-4 (3) and (4);
5. Other matters referred for discussion by the Minister of Labor concerning
positive employment improvement measures.
[This Article Wholly Amended by Act No. 9792, Oct. 9, 2009]

Article 17-8 (Surveys and Research, etc. of Positive 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
positive employment improvement measures. <Amended by Act No. 10339, Jun. 4,
2010>
(2) The Minister of Employment and Labor may entrust part of the duties under
paragraph (1) to persons prescribed by Presidential Decree where deemed
necessary to do so. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

CHAPTER III PROTECTION OF MOTHERHOOD


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 workers who have taken maternity leave or miscarriage and
stillbirth leave under Article 74 of the Labor Standards Act. <Amended by Act No.
11274, Feb. 1, 2012>
(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 74 (4)
of the Labor Standards Act. <Amended by Act No. 11274, Feb. 1, 2012>
(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.
<Amended by Act No. 11274, Feb. 1, 2012>
(4) Where a female worker intends to obtain maternity leave benefits, etc., an
employer shall provide her with full cooperation in various procedures, such as
preparation or verification of the relevant documents. <Amended by Act No. 11274,

12

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

Feb. 1, 2012>
(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
Act. <Amended by Act No. 11274, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 18-2 (Paternity Leave) (1) Where a male worker requests leave on grounds of
his spouse's childbirth, the employer shall grant leave for at least three up to five
days. In such cases, he shall be paid for the first three days out of the period of
leave used. <Amended by Act No. 11274, Feb. 1, 2012>
(2) No leave provided for in paragraph (1) may be requested after the lapse of 30
days from the date the spouse of the relevant worker gave birth.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

CHAPTER III-2 ASSISTANCE FOR WORK-FAMILY BALANCE


Article 19 (Temporary Retirement for Childcare) (1) Where a worker parenting his/her
pre-school children (including adopted children) less than six years old applies for
temporary retirement (hereinafter referred to as "temporary retirement for
childcare"), the employer shall grant permission therefor: Provided, That the same
shall not apply to cases prescribed by Presidential Decree. <Amended by Act No.
9998, Feb. 4, 2010>
(2) The period of temporary retirement for childcare shall not exceed one year.
(3) No employer shall dismiss, or take any other disadvantageous measures against,
a worker on account of temporary retirement for childcare or dismiss the relevant
worker during the period of temporary retirement for childcare: Provided, That this
shall not apply to cases where the employer is unable to continue his/her business.
(4)

After completing temporary retirement for childcare, the employer shall

reinstate the relevant worker in the same work as before temporary retirement, or
any other work paying the same level of wages. The period of temporary retirement
for childcare under paragraph (2) shall be included in his/her continuous employment
period.

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

(6) Matters necessary for methods and procedures for application for temporary
retirement for childcare and other matters shall be prescribed by Presidential
Decree.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 19-2 (Reduction of Working Hours for Period of Childcare) (1) Where any
worker eligible to apply for temporary retirement for childcare under Article 19 (1)
applies for a reduction of working hours in lieu of such retirement (hereinafter
referred to as "reduction of working hours for period of childcare"), 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 or where such
reduction of working hours for period of childcare substantially hinders the normal
operation of business. <Amended by Act No. 11274, Feb. 1, 2012>
(2) Where the employer elects not to grant a reduction of working hours for period
of childcare under the proviso to paragraph (1), he/she shall notify the relevant
worker of the ground in writing or have him/her use temporary retirement for
childcare or consult with the relevant worker as to whether to support him/her
through other measures. <Amended by Act No. 11274, Feb. 1, 2012>
(3) Where the employer grants a reduction of working hours for period of childcare
to the relevant worker under 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 reduction of working hours for a period of childcare shall not
exceed one year.
(5) No employer shall dismiss, or take any disadvantageous measures against, a
worker on grounds of reduction of working hours for a period of childcare.
(6) After completing 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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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

Article 19-3 (Working Conditions, etc. during Reduction of Working Hours for Period of
Childcare) (1) No employer shall unfavorably apply working conditions to a worker
under a reduction of working hours for a period of childcare under Article 19-2,
except for cases of applying them in proportion to working hours, on grounds of a
reduction of working hours for a period of childcare.
(2) Working conditions of a worker under a reduction of working 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 worker.
(3) No employer may request a worker under a reduction of working hours under
Article 19-2 to engage in overtime work: Provided, That where the relevant worker
requests such overtime work specifically, the employer may have him/her engage in
such overtime work within 12 hours a week.
(4) Where average wages are calculated under subparagraph 6 of Article 2 of the
Labor Standards Act with regard to a worker under a reduction of working hours for
a period of childcare, the period during which the working hours for a period of
childcare of the relevant worker 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 Temporary Retirement for Childcare and Reduction of
Working Hours for Period of Childcare)
Where a worker intends to use temporary retirement for childcare or reduce working
hours for a period of childcare under Articles 19 and 19-2, he/she may do so by
choosing one of the following methods: Provided, That the total period shall not
exceed one year irrespective of any method:
1. One-time use of temporary retirement for childcare;
2. One-time use of reduction of working hours for a period of childcare;
3. Divided use of temporary retirement for childcare (only once);
4. Divided use of reduction of working hours for a period of childcare (only once);
5.

One-time use of temporary retirement for childcare and one-time use of

reduction of working hours for a period of childcare.

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT


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

Article 19-5 (Other Measures for Supporting Childcare) (1) The employer shall
endeavor to take the following measures in order to support childcare of a worker
who rears children before attending elementary school:
1. Adjustment of time to commence and finish duties;
2. Restriction on overtime work;
3. Adjustment of working hours, such as reduction or flexible operation of working
hours;
4. Other necessary measures for supporting childcare of the relevant worker.
(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). <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

Article 19-6 (Support by Employers for Worker's Reinstatment to Work)


The employer shall endeavor to develop and improve vocational abilities of workers
under temporary retirement for childcare under this Act and provide support so that
workers who have completed maternity leave, temporary retirement for childcare or
reduction of working hours for a period of childcare, may readily adapt to working
life.<Amended by Act No. 11274, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

Article 20 (Work-Family Balance Assistance) (1) The State may, where the employer
has granted temporary retirement for childcare or a reduction of working hours for a
period of childcare to the worker, subsidize some of living expenses of the relevant
worker and the expenses incurred in maintaining the worker's employment.
(2) The State may support employers who introduce measures for assisting workfamily balance of his/her workers, 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, etc.) (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 worker's employment. <Amended by Act No. 10789, Jun. 7,

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

2011>
(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 Infant Care Act. <Amended by Act No. 10789, Jun. 7,
2011>
(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 workers. <Amended by Act No.
10339, Jun. 4, 2010; Act No. 10789, Jun. 7, 2011>
[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 partially subsidizing expenses.<Amended by Act No. 10339, Jun. 4, 2010;
Act No. 10789, Jun. 7, 2011>
[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 workers.
(2) Necessary matters concerning standards for and the operation of public welfare
facilities under paragraph (1) shall be determined by the Minister of Employment and
Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 22-2 (Support for Family Care, etc. of Workers) (1) Where any worker applies
for a temporary retirement in order to take care of his/her parents, spouse, sons and
daughters or parents of his/her spouse (hereinafter referred to as "family") on
grounds of their disease, accident or senility (hereinafter referred to as "temporary
retirement for family care"), the employer shall grant it: Provided, That this shall not
apply to cases prescribed by Presidential Decree, such as where it is impossible to

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

employ his/her substitute or where such reduction of working hours for a period of
childcare substantially hinders the normal operation of business. <Amended by Act
No. 11274, Feb. 1, 2012>
1. Adjusting the work starting and finishing time;
2. Restricting overtime work;
3. Adjusting working hours, such as reduction or flexible operation, etc. of working
hours;
4. Other supportive measures appropriate for workplace conditions.
(6) Employers shall endeavor to provide necessary psychological counseling
services to assist his/her workers in maintaining a sound workplace and family life.
(7) 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). <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

Article 22-3 (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 for protection of motherhood, and provide
both employers and workers with professional counseling services and relevant
information, etc. <Amended by Act No. 10339, Jun. 4, 2010>
(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
childcare facilities under Articles 21 and 21-2 by entrusting them to public agencies
or private organizations, as prescribed by Presidential Decree. <Amended by Act
No. 10339, Jun. 4, 2010>
(3) The Minister of Employment and Labor may subsidize any expenses incurred in
performing the duties to the agencies entrusted with the duties under paragraph (2).
<Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

CHAPTER IV PREVENTION AND SETTLEMENT OF DISPUTES


Article 23 (Assistance to Counseling Services) (1) The Minister of Employment and
Labor may, within the limits of budget, 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. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Necessary matters concerning the requirements to select the organizations, the
subsidizing criteria, subsidizing procedures, interruption of subsidizing, etc. the
expenses under paragraph (1) shall be prescribed by Ordinance of the Ministry of
Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[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 execution of equal employment for
both genders at the business place, commission the person from among the workers
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"). <Amended by Act No. 10339, Jun. 4, 2010>
(2) The honorary supervisor shall perform the following duties: <Amended by Act
No. 10339, Jun. 4, 2010>
1.

Counseling and advice to workers becoming victims upon occurrence of

discrimination or sexual harassment on the job at the relevant business place;


2. Presence as a witness at the time of autonomous inspection and guidance of the
status of executing equal employment at the relevant business place;
3. Recommendations to the employer for improvement of the matters involving
violations of Acts and subordinate statutes, 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
materialize equal employment for both genders.
(3) No employer shall take any disadvantageous personnel measures against the
relevant worker on grounds that such worker has performed justifiable activities as

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

an honorary supervisor.
(4) Necessary matters concerning the commissioning, decommissioning, etc. of
honorary supervisors shall be prescribed by Ordinance of the Ministry of
Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 25 (Autonomous Settlement of Disputes)


The employer shall strive for autonomous 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 Workers' Participation and
Cooperation, when any worker 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.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 26 Deleted.<by Act No. 7822, Dec. 30, 2005>


Article 27 Deleted.<by Act No. 7822, Dec. 30, 2005>
Article 28 Deleted.<by Act No. 7822, Dec. 30, 2005>
Article 29 Deleted.<by Act No. 7822, Dec. 30, 2005>
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 by Act No. 8781, Dec. 21, 2007]

CHAPTER V SUPPLEMENTARY PROVISIONS


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. <Amended by Act No. 10339, Jun. 4, 2010>

20

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

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


The Minister of Employment and Labor may, if deemed necessary to secure the
effect enforcement of this Act, publish the actual status of performing equal
employment, other results of surveys, etc.: Provided, That the same shall not apply
to cases where a publication is restricted by other Acts.<Amended by Act No. 10339, Jun.
4, 2010>
[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 documents as defined
in Article 2 (1) of the Framework Act on Electronic Documents and Transactions.
<Amended by Act No. 9998, Feb. 4, 2010; Act No. 11461, Jun. 1, 2012>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 34 (Application to Dispatched Workers)


Each outsourcing employer under subparagraph 4 of Article 2 of the Protection, etc.
of Dispatched Workers Act shall be deemed the employer under this Act, in applying
Article 13 (1) to the business place where the dispatched work is carried out
pursuant to the Protection, etc. of Dispatched Workers Act.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 35 (Subsidizing Expenses) (1) The State, local governments, and public
agencies may, within the limit of budget, wholly 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
subparagraphs, revoke a decision on paying subsidy wholly or partially, and order the
return of all or part of the subsidy that has been paid:

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

1. Where he/she has used the subsidy for purposes other than intended projects;
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. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

CHAPTER VI PENAL PROVISIONS


Article 37 (Penal Provisions) (1) Where an employer discriminates on grounds of
gender in age limit, retirement and dismissal of his/her workers or concludes an
employment contract that stipulates marriage, pregnancy, or childbirth of female
workers as grounds for retirement in violation of Article 11, he/she shall be punished
by imprisonment for not more than five years or by a fine not exceeding 30 million
won.
(2) Where an employer does any of the following acts, he/she shall be punished by
imprisonment for not more than three years or by a fine not exceeding 20 million
won: <Amended by Act No. 11274, Feb. 1, 2012>
1. Where the employer fails to equally pay for work of equal-value within the
identical business, in violation of Article 8 (1);
2. Where the employer dismisses, or take any other disadvantageous measures
against, a worker who has been victimized in sexual harassment on the job or
claimed for the occurrence of sexual harassment on the job, in violation of Article
14 (2);
3. Where the employer dismisses, or takes any other disadvantageous measures
against, a worker on grounds of temporary retirement for childcare, in violation of
Article 19 (3), or dismisses the relevant worker during the period of temporary

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

retirement for childcare although no ground provided for in the proviso to the same
paragraph occurs;
4. Where the employer dismisses, or takes other disadvantageous measures against,
a worker on grounds of the reduction of working hours for a period of childcare, in
violation of Article 19-2 (5);
5. Where the employer unfavorably applies working conditions to a worker under
the reduction of working hours for a period of childcare on grounds of such
reduction of working hours, in violation of Article 19-3 (1), except for cases of
applying them in proportion to the working hours;
6. Where the employer dismisses the relevant worker, deteriorates his/her working
conditions, or takes any other disadvantageous measures against him/her on
grounds of temporary retirement for family care, in violation of Article 22-2 (4).
(3) Where an employer requests his/her worker under the reduction of working
hours for a period of childcare, to do overtime work although such worker has not
requested such overtime work specifically, in violation of Article 19-3 (3), he/she
shall be punished by a fine not exceeding ten 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 recruitment and
employment of a worker, 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, or loans of funds in order to support the livelihood
of his/her workers 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 workers, in violation of Article 10;
4. Where the employer grants permission for temporary retirement for childcare
after receiving an application therefor, or fails to reinstate his/her worker in the
same work as before temporary retirement, or any other work paying the same
level of wages after the completion of a worker's temporary retirement for
childcare, in violation of Article 19 (1) and (4);

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

5. Where the employer fails to reinstate his/her worker in the same work as before
the reduction of working hours for a period of childcare, or any other work paying
the same level of wages after the completion of a period for reduction of working
hours for a period of childcare of a worker, in violation of Article 19-2 (6);
6. Where the employer takes any disadvantageous personnel measures, etc. against
the relevant worker on grounds that such worker 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 Penal 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 16 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 a 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 (Fines for Negligence) (1) Where an employer commits sexual harassment
on the job in violation of Article 12, he/she shall be punished by a fine for negligence
not exceeding ten million won.
(2) Where an employer commits any of the following offenses, he/she shall be
punished by a fine for negligence not exceeding five million won. <Amended by Act
No. 11274, Feb. 1, 2012>
1. Where the employer fails to take, without delay, a disciplinary measure or any
other action corresponding thereto against the relevant actor although the
occurrence of sexual harassment on the job has been verified, in violation of Article
14 (1);
2. Where the employer dismisses, or takes any other disadvantageous measures
against, a worker on grounds of a claim for any damage from sexual harassment
from the client, etc. or of disregard for sexual demand from the client, etc., in
violation of Article 14-2 (2);

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

3. Where the employer fails to grant leave for at least three up to five days although
a worker has requested leave on grounds of his spouse's giving birth or fails to pay
for the first three days out of the period of leave used, in violation of Article 18-2
(1);
4. Where the employer fails to grant a reduction of working hours for a period of
childcare and fails to notify the relevant worker of the ground in writing or fails to
consult with the relevant worker as to whether to support him/her through use of
temporary retirement for childcare or other measures, in violation of Article 19-2
(2);
5. Where the employer fails to determine, in writing, the working conditions of a
worker under a reduction of working hours for a period of childcare, in violation of
Article 19-3 (2);
(3) Any of the following persons shall be punished by a fine for negligence not
exceeding three million won:
1. A person who fails to provide preventive education of sexual harassment on the
job, in violation of Article 13 (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 employment of male and female
workers or submits the false current status of employment of male and female
workers in violation of Article 17-3 (2);
4.

A person who fails to submit the performance results or submits false

performance results by false 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.

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

(4) Fines for negligence referred to in paragraphs (1) through (3) shall be imposed
and collected by the Minister of Employment and Labor, as prescribed by
Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(5) Any person dissatisfied with a disposition of a fine for negligence under
paragraph (4) may file an objection with the Minister of Employment and Labor
within 30 days after being notified of such disposition. <Amended by Act No. 10339,
Jun. 4, 2010>
(6) Where a person subject to a disposition of a fine for negligence under paragraph
(4) files an objection under paragraph (5), the Minister of Employment and Labor
shall, without delay, notify the competent court, which, in turn, shall proceed to a
trial on a fine for negligence pursuant to the Non-Contentious Case Litigation
Procedure Act. <Amended by Act No. 10339, Jun. 4, 2010>
(7) If neither objection is raised nor fine for negligence paid within the period
prescribed in paragraph (5), it shall be collected in the same manner as delinquent
national taxes are collected.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

ADDENDA <No. 6508, 14. Aug, 2001>


(1) (Enforcement Date) This Act shall enter into force on November 1, 2001.
(2) (Transitional Measures concerning Penal Provisions) The previous provisions
shall govern the application of penal provisions or fines for negligence to the
activities committed before this Act enters into force.
(3) (Transitional Measures concerning Equal Employment Council) The Equal
Employment Council that has been established pursuant to the previous provisions at
the time this Act enters into force shall be deemed the Employment Equality
Committee pursuant to this Act.
(4) (Relationships with other Acts) Where the provisions of the previous Act on the
Equal Employment for Both Sexes are cited in other Acts and subordinate statutes at
the time this Act enters into force, and where there are corresponding provisions in
this Act, the corresponding provisions in this Act shall be deemed to have been cited
in lieu of the previous provisions.

26

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

ADDENDA <No. 7564, 31. May, 2005>


(1) (Enforcement Date) This Act shall enter into force on January 1, 2006.
(2) (Applicable Example concerning Maternity Leave Benefits, etc.) The amended
provisions of Article 18 (1) on maternity leave benefits, etc. shall apply from the
first female workers giving birth to a child, miscarrying or having a still birth after
this Act enters into force.

ADDENDA <No. 7822, 30. Dec, 2005>


Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2006.
Article 2 (Transitional Measures concerning Application for Dispute Mediation)
(1) The previous provisions shall govern applications for dispute mediation received
by the Employment Equality Committee under the previous provisions at the time
this Act enters into force.
(2) Notwithstanding the amended provisions of Articles 26 through 29, the
Employment Equality Committee under the previous provisions shall be deemed to
continue to exist limited to dispute mediation under the provisions of paragraph (1).
Article 3 (Transitional Measures concerning Mitigation of Requirement for Application
for Temporary Retirement for Childcare)
The amended provisions of Article 19 shall apply from the nursling and infant born
after January 1, 2008.

ADDENDA <No. 8372, 11. Apr, 2007>


Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.

27

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

ADDENDA <No. 8781, 21. Dec, 2007>


Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation:
Provided, That the amended provisions from Article 39 (2) 3 through 5 shall enter
into force one year and six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationships with Other Acts and Subordinate Statues)
Where the previous Sexual Equality Employment Act or its provisions are cited in
other Acts and subordinate statutes at the time when this Act enters into force, and
where there are corresponding provisions in this Act, this Act or the corresponding
provisions in this Act shall be considered to have been cited in lieu of the previous
provisions.

ADDENDA <No. 9792, 09. Oct, 2009>


Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.

ADDENDA <No. 9795, 09. Oct, 2009>


Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Articles 2 through 6 Omitted.

ADDENDA <No. 9998, 04. Feb, 2010>


(1) (Enforcement Date) This Act shall enter into force on the date of its
promulgation.
(2) (Application under Relaxation of Application Requirement for Maternity Leave)
The amended provisions of Article 19 shall apply one of the following subparagraphs.

28

EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

ADDENDA <No. 10339, 04. Jun, 2010>


Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.

ADDENDA <No. 10789, 07. Jun, 2011>


Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 6 Omitted.

ADDENDA <No. 11274, 01. Feb, 2012>


Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation:
Provided, That with respect to the workplaces where less than 300 regular workers
are employed, the amended provisions of Articles 18-2, 22-2, 37 (2) 6, and 39 (2)
3 and 7 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability)
(1) The amended provisions of Article 18-2 (1) shall apply, starting with the first
male worker who requests leave on grounds of his spouse's childbirth after this Act
enters into force.
(2) The amended provisions of Article 19 (5) shall apply, starting with the first
fixed-term worker or temporary agency worker who requests temporary retirement
for childcare after this Act enters into force.
(3) The amended provisions of Article 19 (2) shall apply, starting with the first
worker who applies for a reduction of working hours for a period of childcare after
this Act enters into force.
(4) The amended provisions of Article 22-2 shall apply, starting with the first
worker who applies for a temporary retirement for family care after this Act enters
into force.
Article 3 Omitted.

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EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

ADDENDA <No. 11461, 01. Jun, 2012>


Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.

30

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