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ENFORCEMENT DECREE OF THE ACT ON EQUAL EMPLOYMENT AND SUPPORT FOR WORK-FAMILY RECONCILIATION

Amended by Presidential Decree No. 16189, Mar. 17, 1999 Wholly Amended by Presidential Decree No. 17401, Oct. 31, 2001 Amended by Presidential Decree No. 18911, Jun. 30, 2005 Amended by Presidential Decree No. 19366, Feb. 28, 2006 Amended by Presidential Decree No. 19513, Jun. 12, 2006 Amended by Presidential Decree No. 20142, Jun. 29, 2007 Wholly Amended by Presidential Decree No. 20803, Jun. 5, 2008 (Amended from "Equal Employment Act")

CHAPTER

General Provisions

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on Equal Employment and Support for Work-Family Reconciliation and those necessary for the enforcement thereof.

Article 2 (Scope of Application)

(1) Pursuant to the proviso of Article 3 (1) of the Act on Equal Employment and Support for Work-Family Reconciliation (hereinafter referred to as the "Act"), the Act shall not apply, in whole, to businesses or workplaces (hereinafter referred to as "business") consisting of blood relatives residing together and to housekeepers.

(2) Pursuant to the proviso of Article 3 (1) of the Act, the provisions of Articles 8 through 10 and Article 11 (1) shall not apply to businesses with less than five workers.

CHAPTER

Ensuring Equal Opportunity and Treatment, etc. for Men and Women in Employment

Article 3 (Education to Prevent Sexual Harassment at Work) (1) Employers shall, pursuant to Article 13 of the Act, conduct education on preventing sexual harassment at work at least once a year.

(2) The prevention education stated in paragraph (1) shall include each of the following subparagraphs:

1. Laws and regulations regarding sexual harassment at work;

2. Procedure for dealing with sexual harassment at work of the workplace concerned and criteria of measures thereof;

3. Grievance counseling and remedy procedures for victims of sexual harassment at work of the workplace concerned; and

4. Other matters necessary for the prevention of sexual harassment at work.

(3) The prevention education under paragraph (1) may, in consideration of business size, character, etc., be provided through employee training, morning sessions, meetings, cyber education, etc. using information communication network, such as the Internet, etc.: Provided that in case it is difficult to confirm education contents are properly delivered to workers, e. g. merely disseminating and posting educational materials, etc., sending an e-mail, giving notice in a bulletin board, etc., it shall not be considered a prevention education has been provided.

(4) Notwithstanding the provisions of paragraphs (2) and (3), an employer falling under any of the following subparagraphs may conduct education to prevent sexual harassment at work by means of posting and

disseminating promotional material in order for workers to know the provisions in Article 2(1) through (4):

1. A business that ordinarily hires less than 10 persons; and

2. Both employer and worker are in the same gender, either men or women

(5) If any training course recognized pursuant to Article 24 of the Workers' Vocational Competency Development Act includes each of the subparagraphs of paragraph (2), then it shall be regarded that the prevention education as specified in paragraph (1) has been conducted for workers who have completed the said training course.

Article 4 (Businesses Obligated to Develop and Submit Affirmative Action Measures Plan, etc.)

(1) The "public agencies and organizations prescribed by the Presidential Decree" in Article 17-3 (1) 1 mean an organization in accordance with Article 4 of the Framework Act on the Management of Government-Invested Institutions. (2) The "businesses employing workers of more than a certain number as prescribed by the Presidential Decree" in Article 17-3 (1) 2 of the Act refer to those ordinarily employing 500 or more workers.

(3) In applying the provisions of paragraph (2), the number of workers shall be estimated by dividing the total sum of the average monthly number of employed workers of the previous year by the number of work months of the previous year. Article 5 (Institutions Entrusted with Evaluation of Performance, etc.)

(1) The "agencies or organizations prescribed by the Presidential Decree" in Article 17-4 (6) of the Act mean a research institute established under Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, or a research institute or a juristic person designated by the Minister of Labor among non-profit organizations established under Article 32 of the Civil Act. (2) The Minister of Labor may, if evaluation has been entrusted pursuant to Article 17-4 (6) of the Act, partly fund the expenses required by the entrusted institution to perform its services.

Article 6 (Qualifications of Public Officials Representing Public Interest in the Affirmative Action Committee)

Of the members representing public interest in the Affirmative Action Committee (hereinafter referred to as the "Committee") pursuant to Article 17-7 of the Act, public official members shall be appointed from among public officials of Grade or general public officials belonging to the Senior Civil Service in the Ministry of Knowledge and Economy, the Ministry of Labor and the Ministry of Gender Equality or general public officials belonging to the Senior Civil Service (including special or contract public officials with equivalent status) by the head of the ministry concerned.

Article 7 (Term of Committee Members)

Members of the Committee shall serve a two-year term, and may be reappointed: Provided that members filling vacancies shall serve only the remaining term of the replaced member.

Article 8 (Operation of Committee)

(1) The Chairman of the Committee shall convene and preside over its meetings.

(2) Decisions at the Committee meeting shall require the presence of the majority of its members and the approval by the majority of those present.

(3) A secretary appointed by the Chairman from among public officials of Grade in the Ministry of Labor or general public officials belonging to the Senior Civil Service (including special or contract public officials with equivalent status) shall be assigned to the Committee to handle its proceedings. (4) Members attending a Committee meeting may be given allowances and travel expenses within the budget limit: Provided that this shall not apply to public official members attending a meeting directly related to their duties. (5) Necessary matters concerning the operation of the Committee, except for those prescribed in this Decree, shall be voted upon by the Committee and determined by the Chairman thereafter.

Article 9 (Institutions Entrusted with Survey and Research) The "persons determined by the Presidential Decree" in Article 17-8 (2) of the Act refer to a research institution established under Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, or a research institute or a juristic person designated by the Minister of Labor among non-profit organizations established under Article 32 of the Civil Act. CHAPTER

Support for Work-Family Reconciliation

Article 10 (Exclusion from Applying Childcare Leave) Employers may, pursuant to the proviso of Article 19 (1) of the Act, deny the right to childcare leave in any of the following events:

1. If the worker has offered continuous services in the business concerned for less than a year prior to the scheduled date of childcare leave(hereinafter referred to as "scheduled start date of leave"); or

2. If the worker's spouse is on childcare leave for the same infant (including childcare leave provided under other laws).

3. Deleted Article 11 (Application, etc. for Childcare Leave) (1) Workers who wish to apply for childcare leave pursuant to Article 19 (1) of the Act shall fill out an application and submit it to his/her employer specifying the name and birthdate of the infant requiring childcare, scheduled start date of leave and end date of childcare leave(hereinafter referred to as "scheduled end date of childcare leave"), date of application, applicant, etc. until 30 days prior to the scheduled start date of leave.

(2) Notwithstanding the provisions of paragraph (1), workers may apply for childcare leave at least seven days prior to the scheduled start date in any of the following events:

1. If the child was born before the due date; or

2. If childcare of the infant is difficult as a result of death, injury, illness, physical or mental disability of or divorce from his/her spouse.

(3) If a worker has applied for childcare leave after the expiration of the period set forth in paragraph (1) or (2), the employer shall grant childcare leave by setting the start date thereof within thirty days or seven days, respectively, of the date of application.

(4) An employer may require a worker who has applied for childcare leave to present documents verifying the birth of his/her child, etc.

Article 12 (Application, etc. for Changes to Childcare Leave) (1) A worker, who has applied for childcare leave may, in any of the events specified in the subparagraphs of Article 11(2), request his/her employer to change the scheduled start date of childcare leave to an earlier date after specifying the reason for such change.

(2) A worker who wishes to postpone the scheduled end date of childcare leave may do so on a one-time basis. In this case, the worker shall submit an application to his/her employer at least 30 days prior to the original scheduled end date of leave (if the reason for the said postponement falls under Article 11 (2) 2, at least seven days prior to the original scheduled end date of leave).

Article 13 (Withdrawal of Childcare Leave Application, etc.) (1) A worker who has applied for childcare leave may withdraw his/her application by specifying his/her reason at least seven days prior to the scheduled start date of leave. (2) If a reason falling under any of the following subparagraphs occurs after the worker has applied for childcare leave but before the scheduled start date of childcare leave, the application for childcare leave shall be nullified. In this case, the worker shall notify his/her employer of the nullification without delay.

1. Death of the relevant infant;

2. If the relevant infant was adopted, renunciation or cancellation of adoption; or

3. If the worker who has applied for childcare leave is incapable of caring for the relevant infant due to injury, disease, physical or mental disability, divorce, etc. Article 14 (Termination of Childcare Leave Upon Death, etc. of Infant)

(1) A worker on childcare leave shall, upon the death of his/her infant or when no longer living with the infant, notify his/her employer of such facts within seven days of the date on which such incident has occurred.

(2) Upon receiving a notice of the infant's death, etc. from a worker on childcare leave, the employer shall set a return-to-work date and inform the worker concerned of the date within 30 days of the date of receipt of the said notice. (3) On the date which falls under any of the following subparagraphs, a worker's childcare leave shall be considered terminated:

1. For workers who have sent a notice under paragraph (1) and received a return-to-work date notice under paragraph (2), his/her childcare leave shall be considered terminated one day prior to the return-to-work date;

2. For workers who have sent a notice under paragraph (1) but have not received a return-to-work date notice under paragraph (2), his/her childcare leave shall be considered terminated on the thirtieth date following the date of receipt of the notice under paragraph (1); or

3. For workers who have not sent a notice under paragraph (1), his/her childcare leave shall be considered terminated on the thirty seventh date following the death of the infant, etc.

(4) If a worker on childcare leave takes out a new childcare leave or maternity leave pursuant to Article 74 of the Labor Standards Act, his/her childcare leave shall be considered terminated one day prior to the date of the said leave.

Article 15 (Application)

Article 11 through 14 shall be applied mutatis mutandis to the method, procedure, etc. of working hour reduction in childcare period in Article 19-2 of the Act. In this case, "childcare leave" shall be regarded as "working hour reduction in childcare period", "scheduled start date of childcare leave" in Article 11 through 13 as "scheduled start date of working hour reduction in childcare period", "scheduled end date of childcare leave" in Article 11 and 12 as "scheduled end date of working hour reduction in childcare period", and

"return-to-work date" in Article 14(2) and (3) as "return-to-work date prior to working hour reduction in childcare period." Article 16 (Priority Areas for Installation of Welfare Facilities) When a State or local government organization intends to install public welfare facilities for female workers pursuant to Article 22 (1) of the Act, areas with a high density of female workers, such as industrial complexes and rural regions, shall be given priority.

Article 17 (Task Entrustment of Survey, Research, etc. in Support for Work-Family Reconciliation)

(1) According to Article 22-3 (2) of the Act, the Minister of Labor may entrust the task related to support for installation and operation of workplace childcare facilities under Article 21 and 21-2 of the Act, and the task related to laying the foundation of support for work-family reconciliation under Article 22-3 (1) to an organization or a juristic person falling under any of the following subparagraphs:

1. A quasi-government organization in accordance with Article 5(3)2 of the Framework Act on the Management of Government-Invested Institutions;

2. A research institution established according to Article 8 of the Act on the Establishment, Operation and

Forestage of Government-invested Research Institutions; and

3. A juristic person established with the aim of performing projects to support work-family

reconciliation, as a non-profit juristic person established under Article 32 of the Civil Act

CHAPTER

Prevention and Mediation of Disputes

Article 18 (Report of Grievances, etc.)

(1) Report of grievances under Article 25 of the Act shall be done orally, in writing, or by mail, telephone, facsimile transmission, the Internet, etc.

(2) Employers shall, upon receiving a grievance report under paragraph (1), directly address the reported grievance or delegate the report to the Labor-Management Council established under the Act Concerning the Promotion of Worker Participation and Cooperation, unless there is any special reason preventing the employer from doing so, no later than ten days of the date of receipt. If the report is addressed by the employer, the end-result shall be notified to the worker concerned and if the report is delegated to the Labor-Management Council, the said delegation shall be notified to the worker concerned.

(3) Employers shall prepare and keep a record of the grievances that have been filed and addressed and shall retain the related documents for three years.

(4) If there is no special reason to make electronic processing impossible, a record of the grievances that have been filed and addressed in paragraph (3) shall be prepared and kept in an electronic processing way.

CHAPTER V

Supplementary Provisions

Article 19 (Documents to be Retained)

The "documents as determined by the Presidential Decree" in Article 33 of the Act mean those specified in the following subparagraphs:

1. Documents concerning recruitment, hiring, wage, money and goods other than wage, training, deployment,

promotion, retirement age limit, retirement and dismissal under Articles 7 through 11 of the Act:

2. Documents that can be confirmed to have conducted education to prevent sexual harassment in the workplace under Articles 13 and 13-2 of the Act;

3. Documents concerning the measures, including disciplinary action, taken against a sexual harasser in the workplace under Article 14(1) of the Act;

4. Documents concerning the implementation plan and progress performance of Affirmative Actions Measures, and the current state of men and women workers by occupation and by position, among documents

concerning Affirmative Actions Measures under Articles 17-3 through 17-5 of the Act;

5. Documents concerning the request and allowance of spouse's childbirth under Article 18-2 of the Act;

6. Documents concerning the application and allowance of childcare leave under Articles 19 of the Act; and

7. Documents concerning the application and allowance of working hour reduction in childcare period under

Articles 19-2 and 19-3 of the Act: If not allowed, notification and consultation documents of the reason, and documents concerning working conditions during working hour reduction in childcare period.

Article 20 (Hearing)

The Minister of Labor shall, pursuant to the provisions of Article 13-2(4) of the Act, hold a hearing, in case cancelling the designation of an education institution for sexual harassment prevention.

Article 21 (Delegation of Authority, etc.)

The Minister of Labor shall, pursuant to the provisions of Article 36 of the Act, delegate the authorities specified in the following subparagraphs to the head of the regional labor office:

1. Matters concerning the designation and cancellation of institutions entrusted with the education of sexual harassment prevention pursuant to Article 13-2 of the Act;

2. Matters concerning the installation and operation of facilities and support of program expenses for employment promotion of female workers under Article 17 of the Act;

3. Matters concerning the submission request, receipt and modification request of implementation plans and receipt of employee gender status under Article 17-3 of the Act;

4. Matters concerning the receipt of performances and notice of evaluation conclusion on performances and urging of implementation plan compliance under Article 17-4 of the Act;

5. Support and guidance required to run childcare facilities at work under Articles 21 (3) and 21-2 of the Act;

6. Support for private organizations conducting counseling under Article 23 of the Act;

7. Matters concerning the commission, decommissioning, etc. of Honorary Equal Employment Inspectors under Article 24 of the Act;

8. Matters concerning the submission of reports and related documents, access to workplaces, questioning of relevant persons, and inspection of related documents under Article 31 of the Act; and

9. Matters concerning the imposition and collection of fines for negligence under Article 39 of the Act.

CHAPTER

Fine for Negligence

Article 22 (Imposition Criteria for Fines for Negligence) (1) The imposition criteria for fines for negligence by type of offense in Article 39(1) through (3) of the Act is shown in the Table.

(2) If the Minister of Labor intends to set the amounts of fines for negligence, he/she shall consider the degree of the offense, the motive and results of the offense, etc., but the imposition criteria is shown in the Table. Addenda Article 1 (Enforcement Date)

This Decree shall enter into force on June 22, 2008: Provided that, revised provisions in subparagraphs 4 through 6 of the table shall enter into force on June 22, 2009. Article 2 (Special Cases on the Obligation, etc. to Establish and Submit Affirmative Action Measures Plan)

Revised provisions in Article 4(1) shall not apply to public institutions ordinarily hiring less than 50 persons among public institutions in accordance with Article 4 of the Framework Act on the Management of

Government-Invested Institutions until April 30, 2013. Article 3 (Transitional Measures on the Obligation, etc. to Establish and Submit Affirmative Action Measures

Plan)

As for public institutions (excluding public institutions falling under Article 2 of the Addenda) which are newly subject to Articles 17-3 and 17-4 of the Act according to the revised provisions of Article 4(1), the obligation to submit under the following subparagraphs shall be applicable from the year concerned:

1. The initial submission of an implementation plan of active employment improvement measure according to Article 17-3 (1) (only for public institutions whose employed female workers' ratio by occupation is short of employment criteria provided by the same provision):

2009.

2. The initial submission of the current state of male and female workers by occupation and by position

according to Article 17-3 (2): 2009.

3. The submission of the implementation plan performance of active employment improvement

measure according to Article 17-4 (1) (only for public institutions whose employed female workers' ratio by occupation is short of employment criteria under Article 17-3 (1) of the Act): 2010.

Articles 4 (Revision of Other Laws)

(1) Parts of the Enforcement Decree of the Labor Standards Act shall be revised as follows:

"Equal Employment Act" as prescribed in Article 2(1)5 shall be changed to "Act on Equal Employment and Support for Work-Family Reconciliation."

(2) Parts of the Enforcement Decree of the Basic

Employment Policy Act shall be revised as follows: "Equal Employment Act" as prescribed in Article 7(5)4 shall be changed to "Act on Equal Employment and Support for Work-Family Reconciliation."

(3) Parts of the Enforcement Decree of the Framework Act on Women's Development shall be revised as follows: "Equal Employment Act" as prescribed in the proviso of Article 27-2 (1) shall be changed to "Act on Equal Employment and Support for Work-Family Reconciliation."

Article 4 (Revisions of Other Laws)

(1) and (2) Omitted.

(3) The Enforcement Decree of the Equal Employment Act shall be revised as follows:

"Article 72 of the Labor Standards Act" in Article 9 (4) shall be revised to read: "Article 74 of the Labor Standards Act".

(4) through <17> Omitted.

Article 5 Omitted.

Table 0 Criteria for Imposing Fines for Negligence by Type of Violation [related to Article 25 (3)]

[Table] Imposition Criteria for Fines for Negligence by Type of Offense (Relating to Articles 25 (3))