The current Act aims to guarantee equal opportunities and treatment for workers by prohibiting discrimination based on gender, marital status, pregnancy, childbirth, or other such grounds without justifiable reason. However, it does not prescribe any remedies through which workers may apply for correction of discrimination.

In order to further protect workers, it is necessary to go beyond the passive protection of imposing a penalty against the discrimination of business owners without any reasonable cause, and formulate regulations that allow the workers to actively demand correction of such discrimination and receive compensation. 

The Amendment aims to allow workers to apply for relief for acts of discrimination under this Act to a labor relations board, based on the preceding legislation on the relief for discrimination against non-regular workers in the Act on the Protection, etc., of Fixed-term and Part-time Workers and empower the labor relations board to issue a corrective order or a remedy order against business owners, thereby realizing the equal employment opportunity and improving the quality of life of workers (Articles 25-2 through 25-11 newly inserted). 

Note

This Amendment rests on the premise that the “Partial Amendment to the Labor Relations Commission Act” (Bill no. 2477), represented and proposed by Yoon Mi-hyang, a lawmaker of the ruling Democratic Party, passes, and thus, if the bill fails to pass or passes with modification, this Amendment must be adjusted accordingly.

Allow workers to apply for relief for acts of discrimination against non-regular workers under the “Act on the Protection, etc., of Fixed-term and Part-time Workers” to a labor relations board and empower the labor relations board to issue a corrective order or a remedy order against business owners (Articles 25-2 through 25-11 newly inserted).