Even though there is no substantive law concerning the prohibition of gender-based discrimination and the remedial measures, resulting from the repeal of the “Act on the Prohibition of Gender Discrimination and Relief Thereof” in 2005, the practice of gender discrimination in Korea is said to have improved. However, discrimination on the basis of gender has not been eradicated in many areas of the society, such as economic, political, administrative fields, etc.

Currently the “Equal Employment Opportunity and Work-Family Balance Assistance Act” prohibits discrimination on the basis of gender, etc., in employment. However, its effectiveness is questionable since the remedies for acts of discrimination are being processed in the same way as other ordinary “Labor Standards Act” violation cases, and relief organizations or procedures that are tailored to the characteristics of discrimination have not been established. The “National Human Rights Commission of Korea Act” regulates a wide scope of fields of discrimination prohibition, besides employment, but its status as substantive law for discrimination prohibition and remedy is unstable since it does not possess enforcement authority and coercive powers as much as the court or other rights relief organizations have.

Sexual harassment prohibition regulations are unsystematic and are dispersed across the “Framework Act of Gender Equality,” the “Equal Employment Opportunity and Work-Family Balance Assistance Act” and the “National Human Rights Commission of Korea Act.” It has been pointed out many times that the definition of sexual harassment is too narrow and that victim protection and secondary damage prevention are inadequate due to the lack of specific regulations stipulating investigation procedure after the occurrence of sexual harassment and action after verification of its occurrence.

Thus, this proposal aims to supplement the legislative blind spots by expanding the scope of prohibition against gender discrimination•sexual harassment and of remedies and to boost the effectiveness of policies to prevent gender discrimination and sexcual harrassment and protect and support the victims by establishing systematic and specific remedy procedures. 

Details

A. In accordance with the equality principle of the “Constitution of the Republic of Korea,” this Act aims to prohibit and prevent gender discrimination and sexual harassment, provide remedy for the damage thereof, and thereby realize human dignity and value (Article 1).

B. The term “gender discrimination” means giving a person either preferential treatment or unfavorable treatment such as segregation, separation, restriction, exclusion, denial, etc., without any justifiable reason, on grounds of gender, marital status, status within family, pregnancy, childbirth, physical condition, etc. (Article 2, subparagraph 1).

C. The term “sexual harassment” means engaging in sexual actions or words or making sexual demands to cause the other person to feel sexual humiliation or repulsion in relation to work, employment, education, etc. It also means taking disadvantageous measures against a person on grounds of disregard for sexual words or actions or any other demands or expressing the intention of providing benefit in return for accepting them (Article 2, subparagraph 2).

D. For matters related to gender discrimination•sexual harassment and remedies against infringement of rights, this Act shall be complied with, except otherwise provided in any other Act, such as the “Equal Employment Opportunity and Work-Family Balance Assistance Act,” the “National Human Rights Commission of Korea Act,” etc. (Article 4).

E. Stipulate that government agencies, etc., and employers shall not engage in gender discrimination in the provision and use of employment, education, goods•facilities•services, social welfare, the provision and use of administrative•judicial proceedings and services (Articles 6 to 10).

F. Specify and expand the sexual harassment preventive measures that the heads of government agencies, etc., and employers shall establish, such as the obligation to appoint a grievance counselor, etc., and stipulate in detail report on sexual harassment, temporary measures upon occurrence and action upon verification of sexual harassment (Articles 12 to 18).

G. Victims of gender discrimination•sexual harassment or a person or organization that is aware of such fact may petition the National Human Rights Commission to take action against the damage (Article 19).

H. If anyone who received the National Human Rights Commission’s recommendation to administer remedy measures, etc., has not acted on the recommendation without any justifiable reason, the Minister of Gender Equality and Family may issue a corrective order under certain conditions (Article 24).

I. The state shall support victims of gender discrimination•sexual harassment with legal aid, such as legal counsel, etc. (Article 27).

J. No person shall take disadvantageous measures, such as dismissal, disciplinary action, etc., against the victims of gender discrimination•sexual harassment, etc., for reporting gender discrimination•sexual harassment (Article 30).

K. Anyone who violates the provisions of this Act and causes damage to victims of gender discrimination•sexual harassment shall be obliged to compensate them for such damage, and if the act of gender discrimination•sexual harassment is clearly intentional or repeated over a long period, then a court may decide on a compensation of up to three times the damages (Article 31).

L. In solving disputes related to this Act, the burden of proof is allocated, so that the person claiming that there was gender discrimination shall provide proof for it, and the other person shall provide proof that the said gender discrimination was not due to gender, etc., or that there was any justifiable reason for it (Article 32).

M. A person who has been recognized as having engaged in malicious acts of gender discrimination•sexual harassment and a person who has taken disadvantageous measures against victims for reporting the damage shall be sentenced to imprisonment for up to three years or a fine of up to 30 million won. And a person who has not acted on the corrective order of the Minister of Gender Equality and Family without any justifiable reason shall be subject to a fine of up to 30 million won (Articles 33 to 35).

Government agencies, etc., and employers shall not engage in gender discrimination in terms of recruiting∙hiring, welfare benefits such as payment of wages and money and valuables, work hours•work•education•training•assignment•promotion, retirement•termination•dismissal, etc. (Article 6).

Government agencies, etc., education managers and education staff shall not engage in gender discrimination in terms of education opportunity•condition•method•content, etc. (Article 7).

A person who supplies goods, transportation•residential•commercial•cultural, etc., facilities, medical•financial•communication services, any other services of property value, etc., shall not engage in gender discrimination in the process of provision and usage thereof (Article 8).

Grievance counselors, members of grievance settlement organizations, etc., who learn about matters related to a sexual harassment case on the job shall not divulge to other persons or make public the identity of the victim or consultation details, investigation process or result unless it is necessary for the investigation and processing of the matter (Article 16).

If an act of sexual harassment is verified by investigation, the heads of government agencies, etc., and employers shall take disciplinary measures such as dismissal•suspension, etc., change of workplace or relocation, or any other action corresponding thereto against the relevant actor. And if the victim requests, measures for recovery shall be taken, such as paid leave, reinstatement, etc. (Article 18).

No person shall take disadvantageous measures, such as disadvantageous measures on status, wrongful personnel measures, etc., against a person who has claimed that damage from sexual harassment occurred or a person who is related to report or investigation on account of report on sexual discrimination•harassment. (Article 30).