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Korea - Labor Law - ENFORCEMENT DECREE OF THE EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT - Enforcement Date 01. Jan, 2017. - Article 1 to Article 10

※ This English statute is provided by the Korea Legislative Research Institute and is a reference material to enhance the understanding of Korean statutes, and has no legal or official effect.

ENFORCEMENT DECREE OF THE EQUAL EMPLOYMENT OPPORTUNITY AND WORK-FAMILY BALANCE ASSISTANCE ACT

[Enforcement Date 01. Jan, 2017.] [Presidential Decree No.27751, 30. Dec, 2016., Amendment by Other Act]

Ministry of Employment and Labor (Women's Employment Policy Division) , 044-202-7473

Chapter I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Equal Employment Opportunity and Work-Family Balance Assistance Act and those necessary for its enforcement.

Article 2 (Scope of Applications) (1) All provisions of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter referred to as the "Act") shall not apply to the business or business place constituted by only relatives living together ( hereinafter referred to as "business") under the proviso to Article 3 (1) of the Act, or housekeeping employees.

(2) Articles 8 through 10 and 11 (1) shall not apply to business employing less than 5 full time workers under the proviso to Article 3 (1) of the Act.

Chapter II GUARANTEE OF EQUAL OPPORTUNITIES AND TREATMENT, ETC., IN EMPLOYMENT OF MEN AND WOMEN

Article 3 (Preventive Education of Sexual Harassment on Job) (1) Each employer shall conduct preventative education of sexual harassment on the job under Article 13 of the Act at least once a year.

(2) Preventive education under paragraph (1) shall include the following details:

1. Acts and subordinate statutes concerning sexual harassment on the job;

2. Handling procedures and standards for measures upon occurrence of sexual harassment on the job at the relevant business place;

3. Grievance counselling and procedures for helping victims of sexual harassment on the job at the relevant business place;

4. Other matters necessary for prevention of sexual harassment on the job.

(3) Preventive education under paragraph (1) may be provided through the worker's training, morning meetings, conferences, cyber education using an information and communications network, such as the Internet, etc., by taking account of size or characteristics of business: Provided, That where it is impracticable to confirm whether details of education are appropriately delivered to workers because educational materials, etc. have been simply distributed or posted, electronic mail thereon has been sent or such materials have been announced on the bulletin board, preventive education shall not be deemed provided.

(4) Notwithstanding paragraphs (2) and (3), an employer of either of the following business may conduct preventive education of sexual harassment on the job by posting or distributing educational materials or promotional materials so that workers may know details provided for in paragraph (2) 1 through 4:   <Amended by Presidential Decree No. 25931, Dec. 30, 2014>

1. Business employing less than ten full time workers;

2. Business for which all employers and workers consist of one gender, male or female.

(5) Where an employer has his/her workers complete training courses containing matters referred to in each subparagraph of paragraph (2), among those recognized under Article 24 of the Act on the Development of Workplace Skills of Workers, it shall be deemed that preventive education under paragraph (1) has been already conducted for workers who have completed the relevant training courses.

Article 4 (Business Required to Establish and Submit Implementation Plans of Proactive Employment Improvement Measures) (1) "Public agencies and organizations prescribed by Presidential Decree" in Article 17-3 (1) 1 of the Act means public agencies under Article 4 of the Act on the Management of Public Institutions.

(2) "Business employing more workers than the scale prescribed by Presidential Decree" in Article 17-3 (1) 2 of the Act means business employing at least 500 full time workers.

(3) In applying paragraph (2), the number of full time workers is calculated by dividing the sum of average monthly workers employed each month in the previous year by the number of months operating in that year.

Article 5 (Institutions, etc. Entrusted with Evaluation of Performance Outcomes) (1) "Institution or organization prescribed by Presidential Decree" referred to in Article 17-4 (6) of the Act means research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. or research institutes or corporations designated by the Minister of Employment and Labor, from among non-profit corporations established pursuant to Article 32 of the Civil Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) When the Minister of Employment and Labor entrusts evaluation duties under Article 17-4 (6) of the Act, he/she may subsidize expenses incurred in performing such duties by the entrusted institution.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 6 (Grounds for Exception of Publication of List) (1) “Where any ground prescribed by Presidential Decree exists, including death of an employer and extinction of a business” in the proviso to Article 17-5 (1) of the Act means any of the following:

1. Death of an employer;

2. Closure or extinction of a business;

3. Where it is impracticable to carry out an implementation plan under Article 17-3 of the Act (hereinafter referred to as “implementation plan”) for serious administrative reasons, including being subject to a decision to commence rehabilitation procedures or declaration of bankruptcy under the Debtor Rehabilitation and Bankruptcy Act;

4.Where an employer is making a practical effort to carry out the implementation plan, including appointment of female workers or employment of female managers (referring to persons in charge of unit department of business place who carry out affairs of planning and commanding business of the relevant department and supervise and evaluate its members; hereinafter the same shall apply).

(2) When the Minister of Employment and Labor determines whether an employer falls under any subparagraph of paragraph (1), he/she shall undergo a deliberation by the Employment Policy Deliberative Council pursuant to subparagraph 5 of Article 17-8 of the Act.

[This Article Newly Inserted by Presidential Decree No. 25931, Dec. 30, 2014]

Article 7 (Details, Method, etc. of Publication of List) (1) When the Minister of Employment and Labor intends to publicly announce the list pursuant to the main body of Article 17-5 (1) of the Act, he/she shall inform the fact of determination of publication, details thereof, etc. in writing to an employer subject to such publication.

(2) The Minister of Employment and Labor shall give an employer a chance to submit explanatory materials or to state his/her opinions for a fixed period of at least 30 days from the day he/she receives the notice pursuant to paragraph (1) .

(3) Details of publication pursuant to Article 17-5 (2) of the Act shall be as follows:

1.Name of the relevant employer, name and address of business place. In such cases, when the relevant employer is a corporation, it shall refer to the name of the representative thereof and name and address of the corporation;

2.Total number of workers, number of female workers and the ratio thereof, total number of managers, number of female managers and the ratio thereof, employment standard of female workers of the relevant type of business.

(4) Publication pursuant to Article 17-5 (2) of the Act shall be made by posting the list in the Official Gazette or on the homepage of the Ministry of Employment and Labor for six months.

[This Article Newly Inserted by Presidential Decree No. 25931, Dec. 30, 2014]

Article 8 Deleted.  <by Presidential Decree No. 21928, Dec. 30, 2009>

Article 9 (Institutions Entrusted with Surveys and Research)

"Persons prescribed by Presidential Decree" in Article 17-9 (2) of the Act means research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government Funded Research Institutes, Etc. or research institutes or corporations designated by the Minister of Employment and Labor from among non-profit corporations established pursuant to Article 32 of the Civil Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25931, Dec. 30, 2014>

Chapter III WORK-FAMILY BALANCE ASSISTANCE

Article 10 (Exclusion from Childcare Leave)

Any employer may not grant childcare leave to either of the following persons under the proviso to Article 19 (1) of the Act:

1. A worker whose continuous work period at the relevant business falls short of one year prior to the date intended to commence childcare leave (hereinafter referred to as “scheduled commencement date of childcare leave”);

2.A worker whose spouse is under childcare leave for the same infant (including childcare leave under different Acts and subordinate statutes).