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ACT ON THE PROMOTION OF CREATION OF FAMILY-FRIENDLY SOCIAL ENVIRONMENT

ACT ON THE PROMOTION OF CREATION OF FAMILY-FRIENDLY SOCIAL ENVIRONMENT

Act No. 8695, Dec. 14, 2007

Amended by Act No. 8852, Feb. 29, 2008

Act No. 9932, Jan. 18, 2010

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the improvement of the quality of life of nationals and the development of the State and society, by promoting the creation of a family-friendly social environment.

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:<Amended by

Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

1. The term “family-friendly social environment” means an environment where members of society are able to harmonize works and family life, and the responsibility of raising children and supporting family can be shared at the social level;
2. The term “family-friendly working environment” means a working environment where a family-friendly system helps workers to harmonize work and family life;
3. The term “family-friendly system” means the following systems:
(a) Flexible working system: Programs for flexible working, telecommu- ting system and part-time work, etc.;
(b) System for supporting childbirth, child-care and education: Paternity leave, child-care leave, workplace child-care system and child education programs, etc.;
(c) System for supporting dependants: Parent-care service and leave for family-care;
(d) System for supporting workers: Programs for health, education,
counsel for workers;
(e) Other systems prescribed by Ordinance of the Ministry of Gender

Equality and Family;

4. The term "family-friendly community environment" means community environment where responsibilities of family-care, such as caring for seniors and children, can be shared at a community level and where circumstances for family life are created with the facilities and space necessary to satisfy various members of families.

Article 3 (Responsibilities of State)

(1) The State and local governments shall establish and implement comprehensive policies necessary to create family-friendly social environ- ment.
(2) The State and local governments shall endeavor to take measures on budget related to taking the responsibilities under paragraph (1).

Article 4 (Responsibilities of Employers)

(1) Employers shall endeavor to create family-friendly working environment, such as the introduction and expansion of family-friendly systems.
(2) Employers shall endeavor to encourage workers to participate in the operation of family-friendly systems.

CHAPTER Ⅱ BASIC PLANS FOR CREATING FAMILY-FRIENDLY SOCIAL ENVIRONMENT

Article 5 (Formulation of Basic Plans for Creating Family-Friendly Social

Environment)

(1) The Minister of Gender Equality and Family shall formulate basic plans for creating a family-friendly social environment (hereinafter referred to as “basic plans”) every five years, following the deliberation of the Central Healthy Family Policy Committee under Article 13 of the Framework Act on Healthy Families, after holding consultations with the heads of the relevant central administrative agencies, so as to promote the creation of a family-friendly social environment. <Amended by Act No. 8852, Feb. 29,

2008; Act No. 9932, Jan. 18, 2010>

(2) Basic plans shall include the following matters:
1. Basic direction and objective of a policy for creating a family-friendly social environment;
2. Matters on the introduction and activation of a family-friendly system;
3. Matters on the support for family-friendly companies;
4. Matters on promoting the creation of a family-care community environment;
5. Matters on the construction of family-friendly facilities;
6. Matters on the dissemination of a family-friendly culture;
7. Other matters necessary for creating a family-friendly social environment.
(3) Necessary matters concerning the procedures for formulating basic plans, etc. shall be prescribed by Presidential Decree.

Article 6 (Formulation and Execution of Annual Implementation Plans)

(1) The Minister of Gender Equality and Family, the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, the Metropolitan City Mayor, Do governor or the Special Self-governing Do governor (hereinafter referred to as “ Mayors/Do governors”) shall formulate and execute implementation plans (hereinafter referred to as “implementation plans”) for creating a family-friendly social environment each year, in accordance with basic plans. <Amended by Act No. 8852, Feb.

29, 2008; Act No. 9932, Jan. 18, 2010>

(2) The heads of relevant central administrative agencies and Mayor/Do governor shall submit the outcomes from promoting implementation plans for the next year and the previous year under paragraph (1) to the Minister of Gender Equality and Family each year, as prescribed by Presidential Decree, and the Minister of Gender Equality and Family shall evaluate the outcomes from promoting implementation plans each year. <Amended

by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(3) Necessary matters concerning the formulation and execution of implementation plans or the evaluation of outcomes of promoting implementation plans shall be prescribed by Presidential Decree.

Article 7 (Cooperation in Formulation of Plans)

(1) The Minister of Gender Equality and Family, the heads of relevant central administrative agencies and Mayors/Do governors may request the heads of relevant public institutions, and institutions or organizations
related to the creation of a family-friendly social environment, to cooperate on plans, such as the submission of necessary data, when necessary for formulating, executing and evaluating basic plans or implementation plans.

<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(2) Persons who are requested to cooperate under paragraph (1) shall comply with requests, unless any extraordinary ground exists to the contrary.

Article 8 (Surveys of Actual Status)

(1) The Minister of Gender Equality and Family may conduct surveys on the creation of a family-friendly social environment in companies, public institutions and communities every three years and announce the outcomes thereof, so as to formulate and implement policies for creating a family-friendly social environment. <Amended by Act No. 8852, Feb. 29, 2008;

Act No. 9932, Jan. 18, 2010>

(2) The Minister of Gender Equality and Family may request companies, public institutions and other relevant corporations or organizations to submit necessary data or present opinions, with a view to conducting surveys under paragraph (1). In such cases, companies or public institutions, etc., which are requested to submit data or present opinions, shall comply with requests, unless any extraordinary ground exists to the contrary. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning the methods of conducting surveys, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No.

9932, Jan. 18, 2010>

CHAPTER Ⅲ PROJECTS FOR CREATING FAMILY-FRIENDLY SOCIAL ENVIRONMENT

Article 9 (Projects for Creating Family-Friendly Social Environment)

The Minister of Gender Equality and Family may promote the following projects, in consultation with the heads of relevant central administrative agencies, so as to efficiently execute basic plans and implementation plans:

<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

1. Projects for creating a family-friendly working environment;
2. Projects for creating a family-friendly community environment;
3. Projects for creating and disseminating family-friendly culture;
4. Projects for fostering specialized human resources necessary for creating a family-friendly social environment;
5. Other projects prescribed by Presidential Decree, for promoting the creation of a family-friendly social environment.

Article 10 (Evaluation of Projects for Creating Family-Friendly Social

Environment)

(1) The Minister of Gender Equality and Family may evaluate projects for creating a family-friendly social environment, so as to efficiently promote projects for creating a family-friendly social environment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) Necessary matters for the subject matter and methods of evaluation, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

Article 11 (Promoting Creation of Family-Friendly Working Environment)

(1) The Minister of Gender Equality and Family may support the following matters, so as to promote the creation of a family-friendly working environment and encourage the participation of companies: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. Providing publicity for improving the recognition of a family-friendly system;
2. Consulting on a family-friendly system;
3. Implementing family-friendly education programs in places of work and training instructors;
4. Developing and distributing family-friendly programs;
5. Selecting and awarding exemplary family-friendly companies;
6. Other matters prescribed by Ordinance of the Ministry of Gender Equality and Family for promoting the creation of a family-friendly working environment.
(2) The Ministry of Gender Equality and Family may preferentially treat small and medium enterprises, when providing support to the aforementioned matters under paragraph (1). <Amended by Act No. 8852, Feb.

29, 2008; Act No. 9932, Jan. 18, 2010>

Article 12 (Promotion of Creating Family-Friendly Working Environment in Industrial Complex)

The Ministry of Gender Equality and Family may implement the following projects, so as to promote the creation of a family-friendly working environment in an industrial complex designated under the Industrial Sites and Development Act: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan.

18, 2010>

1. Establishment of nursery facilities to be jointly used by companies and support for the operation thereof;
2. Development and distribution of family-friendly programs;
3. Other projects prescribed by Presidential Decree, for promoting the creation of a family-friendly working environment in an industrial complex.

Article 13 (Promoting Creation of Family-Friendly Community

Environment)

(1) The Minister of Gender Equality and Family may implement the following projects, so as to promote the creation of a family-friendly community environment: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. Development and distribution of a family-friendly community model;
2. Support for the construction of family-friendly facilities;
3. Development and support of family-care community programs;
4. Evaluation of family-friendly factors in a community environment;
5. Education and publicity for improving the recognition of a family-friendly community environment.
(2) Mayors/Do governors may provide support to the creation of a family-friendly community environment in a region under their jurisdiction.
(3) The Minister of Gender Equality and Family may subsidize the whole or part of expenses incurred in creating a family-friendly community environment under paragraph (2) within the scope of the budget.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) Necessary matters concerning the standards and procedures for subsidizing expenses under para graph (3) shall be prescribed by Presidential Decree.

Article 14 (Development and Declaration of Family Friendliness Index)

(1) The Minister of Gender Equality and Family may develop and distribute a systematic index (hereinafter referred to as “Family Friendliness Index”) to measure the level of family friendliness. <Amended by Act No. 8852, Feb.

29, 2008; Act No. 9932, Jan. 18, 2010>

(2) The Minister of Gender Equality and Family may measure the Family Friendliness Index of companies and public institutions prescribed by Presidential Decree, and declare the outcomes thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Companies and public institutions, the Family Friendliness Index of which is to be measured under paragraph (2), shall cooperate in such measurement, unless any extraordinary ground exists to the contrary.

CHAPTER Ⅳ FAMILY-FRIENDLY CERTIFICATION OF COMPANIES

Article 15 (Certification of Family-Friendly Companies)

(1) The Minister of Gender Equality and Family may grant family-friendly certification (hereinafter referred to as “certification”) to companies or public institutions (hereinafter referred to as “companies, etc.”) which exhibit the exemplary operation of a family-friendly system, so as to promote the creation of a family-friendly social environment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) Any person who intends to obtain certification shall file an application to the Minister of Gender Equality and Family, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Companies, etc., which have received certification, may indicate such certification, as prescribed by Ordinance of the Minister of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> (4) No company, etc., which fails to obtain certification, shall give an indication of certification or similar indications.
(5) The Minister of Gender Equality and Family may place the burden of paying expenses incurred in examining and evaluating family friendliness on a person who files an application of certification under paragraph (2), as prescribed by Ordinance of the Minister of Gender Equality and Family.

<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(6) Necessary matters concerning the standards and procedures for certification shall be prescribed by Presidential Decree.

Article 16 (Designation of Family-Friendly Certification Institutions)

(1) The Minister of Gender Equality and Family may designate institutions

specializing in family-friendly certification of companies, etc., as family-friendly certification institutions (hereinafter referred to as “certification institutions”) and allow such institutions to perform the duties of certification under Article 15 (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(2) Any person who intends to be designated as a certification institution, shall file an application to the Minister of Gender Equality and Family, after satisfying the requirements for designation, such as specialized human resources necessary for certification. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) The Minister of Gender Equality and Family may, when certification institutions fall under any of the following subparagraphs, revoke designation or issue an order to suspend all or part of their operations by fixing a period within six months: Provided, That when certification institutions fall under subparagraph 1, he/she shall revoke designation:

<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

1. When they are designated as certification institutions by fraud or other wrongful means;
2. When they perform the duties of certification during the period of operation suspension, in violation of an order for the suspension of operation;
3. When they fail to satisfy designation standards under paragraph (5);
4. When they perform the duties of certification, in violation of certification standards under Article 15 (6).
(4) The Minister of Gender Equality and Family may subsidize the whole or part of expenses incurred in performing the duties of certification for certification institutions designated under paragraph (1), within the scope of the budget. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> (5) Necessary matters concerning the standards and procedures for designation of certification institutions and the scope of certification shall be prescribed by Presidential Decree.

Article 17 (Term of Validity of Certification)

(1) The term of validity of certification under Article 15 (1) shall be three years from the date on which certification has been granted.
(2) The term of validity under paragraph (1) may be extended only once by not more than two years.
(3) Necessary matters regarding the applications for extending the term of validity of certification under paragraph (2) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

Article 18 (Revocation of Certification)

(1) The Minister of Gender Equality and Family may revoke certification, as prescribed by Ordinance of the Ministry of Gender Equality and Family, when companies, etc. which have been certified under Article 15 (1) fall under any of the following subparagraphs: Provided, That he/she shall revoke certification, when companies, etc. fall under subparagraph 1:

<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

1. When they obtain certification by fraud or other wrongful means;
2. When they fail to meet certification standards under Article 15 (6).
(2) The Minister of Gender Equality and Family shall, when he/she has revoked certification under paragraph (1), notify the heads of relevant central administrative agencies or the heads of local governments under jurisdiction of such revocation, without delay. <Amended by Act No. 8852, Feb.

29, 2008; Act No. 9932, Jan. 18, 2010>

(3) The Minister of Gender Equality and Family shall not grant certification to companies, etc., the certifications of which have been revoked under paragraph (1) 1, unless three years lapse after the date of cancellation.

<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

Article 19 (Designation of Family-Friendly Support Center)

(1) The Minister of Gender Equality and Family may designate a family-friendly support center, so as to promote the creation of a family-friendly social environment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) A family-friendly support center shall implement projects falling under the following subparagraphs:
1. Training of specialized human resources related to family-friendliness;
2. Development of family-friendly programs;
3. Consulting on a family-friendly system;
4. Collection and provision of information on a family-friendly system and family-friendly cases;
5. Various researches, investigations and public relations aimed at promoting the creation of a family-friendly social environment;
6. Other projects necessary for promoting the creation of a family-friendly
social environment.
(3) The Minister of Gender Equality and Family may subsidize wholly or partially expenses incurred in performing duties under subparagraphs of paragraph (2) for a family-friendly support center designated under paragraph (1), within the scope of the budget. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) The standards and procedures for designation of a family-friendly support center or revocation of such designation, a period for designation, the operation of a family-friendly support center and other necessary matters shall be prescribed by Presidential Decree.

CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS

Article 20 (Reports and Inspections)

(1) The Minister of Gender Equality and Family may order certification institutions or companies which have received certification to make reports on certification or submit data, and allow the relevant public officials to enter offices to inspect the relevant documents, facilities and equipment, when it is deemed necessary for the enforcement of this Act. <Amended

by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(2) Certification institutions and companies which have received certification shall keep and preserve the relevant documents, such as data for examining certification, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Any public official, who enters offices to conduct an inspection under paragraph (1), shall carry a certificate indicating his/her authority and show such certificate to relevant persons.

Article 21 (Hearings)

The Minister of Gender Equality and Family shall hold hearings, when he/she intends to revoke the designation of certification institutions under Article 16 (3) or revoke certification under Article 18 (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

Article 22 (Delegation or Entrustment of Authority)

(1) The Minister of Gender Equality and Family may delegate a part of his/her authority under this Act to the Mayor/Do governor, or the head

of Si/Gun/Gu (referring to the head of an autonomous Gu), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(2) The Minister of Gender Equality and Family may entrust a part of his/her duties under this Act to institutions, corporations or organizations which have been established to promote the creation of a family-friendly social environment, as prescribed by Presidential Decree. <Amended by Act

No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

Article 23 (Prohibition against Using Similar Names)

No person, other than a family-friendly support center under this Act, shall use the name "family-friendly support center" or similar.

Article 24 (Legal Fiction as Public Officials in Application of Penal

Provisions)

Executives or employees of certification institutions shall be deemed public officials in the application of the penal provisions under Articles 129 through
132 of the Criminal Act.

CHAPTER Ⅵ PENAL PROVISIONS

Article 25 (Fines for Negligence)

(1) Any person who falls under any of the following subparagraphs shall be punished by fines for negligence not exceeding 5 million won:
1. A person who receives certification under Article 15 (1) by fraud or other wrongful means;
2. A person who indicates certification, in violation of Article 15 (4);
3. A person who is designated as a certification institution under Article
16 by fraud or other wrongful means;
4. A person who is designated as a family-friendly support center under
Article 19, by fraud or other wrongful means.
(2) Any person who falls under any of the following subparagraphs shall be punished by fines for negligence not exceeding 3 million won:
1. A person who fails to make a report or submit the relevant documents under Article 20 (1) without any justifiable ground, or who has fraudulently made a report or submitted documents;
2. A person who has fails to keep or preserve the relevant documents, in violation of Article 20 (2);
3. A person who uses the name "family-friendly support center" or similar, in violation of Article 23.
(3) Fines for negligence under paragraphs (1) and (2) shall be collected and imposed by the Minister of Gender Equality and Family, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) Any person who is dissatisfied with a disposition of fine for negligence under paragraph (3), may raise an objection to the Minister of Gender Equality and Family within 30 days after the date on which he/she is publicly notified of the aforementioned disposition. <Amended by Act No. 8852,

Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(5) If a person who is subject to the disposition of fines for negligence under paragraph (3), raises an objection under paragraph (4), the Minister of Gender Equality and Family shall, without delay, notify the competent court, which, in turn, shall proceed to a trial on fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. <Amended by Act

No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(6) If neither an objection is raised nor a fine for negligence paid within a period under paragraph (4), the aforementioned fine for negligence shall be collected by referring to the practices of dispositions on default of national taxes.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures Concerning Basic Plans for Creating Family-Friendly Social Environment) Plans for creating a family-friendly social environment, from among basic plans and implementation plans on healthy families formulated under Articles 15 and 16 of the Framework Act on Healthy Families, at the time this Act enters into force, shall be deemed basic plans and implementation plans for creating a family-friendly social environment under Articles 5 and 6 of this Act, respectively.

ADDENDA <Act No. 8852, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)

Articles 2 through 7 Omitted.

ADDENDA <Act No. 9932, Jan. 18, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 5 Omitted.