CHAPTER I GENERAL PROVISIONS
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Article 1 (Purpose) |
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Article 2 (Scope of Applications) |
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CHAPTER II GUARANTEE OF EQUAL OPPORTUNITIES AND TREATMENT, ETC., IN EMPLOYMENT OF MEN AND WOMEN
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Article 3 (Preventive Education of Sexual Harassment on Job) |
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(1) |
Each employer shall conduct preventative education of sexual harassment on the job under Article 13 of the Act not less than once a year. |
(2) |
Preventive education under paragraph (1) shall include details falling under any of the following subparagraphs: |
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. |
Counsel of grievances and procedures for relief of victims to 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 performed through the worker's training, morning meetings, conferences, cyber education by 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 difficult to confirm whether details of education have been appropriately delivered to workers because educational data, etc. has been simply distributed or posted or electronic mail thereon has been sent or announced on the bulletin board, it shall not be regarded provision of preventive education. |
(4) |
Notwithstanding paragraphs (2) and (3), an employer of a business falling under any of the following subparagraphs may conduct preventive education of sexual harassment on the job by means of posting or distributing promotional materials so that workers may know details provided for in paragraph (2) 1 through 4: |
1. |
Businesses employing less than 10 full time workers; |
2. |
Businesses 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 falling under each subparagraph of paragraph (2), among those recognized under Article 24 of the Act on the Development of Work space 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. |
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Article 4 (Business Required to Establish and Submit Implementation Plans of Positive Employment Improvement Measures) |
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(2) |
"Business employing more workers than the scale prescribed by Presidential Decree" in Article 17-3 (1) 2 of the Act means business employing not less than 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. |
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Article 5 (Institutions, etc. Entrusted with Evaluation of Performance Outcomes) |
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(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 for the entrusted institution. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
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Articles 6 through 8 Deleted. <by Presidential Decree No. 21928, Dec. 30, 2009> |
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Article 9 (Institutions Entrusted with Surveys and Research) |
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"Persons prescribed by Presidential Decree" in Article 17-8 (2) of the Act means research institutions established under Article 8 of the Act on the Establishment, Operation and Fostering of Government Funded Research Institutions, or research institutions 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>
CHAPTER III WORK FAMILY BALANCE ASSISTANCE
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Article 10 (Exclusion from Temporary Retirement for Childcare) |
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Where any employer may not grant any temporary retirement for childcare under the proviso to Article 19 (1) of the Act shall be as follows:
1. |
A worker whose continuous work period at the relevant business falls short of one year prior to the date intended to commence temporary retirement for childcare (hereinafter referred to as “scheduled commencement date of temporary retirement for childcare”); |
2. |
A worker whose spouse is under temporary retirement for childcare for the same infant (including temporary retirement for childcare under different Acts and subordinate statutes). |
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Article 11 (Application, etc. for Temporary Retirement for Childcare) |
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(1) |
Any worker who intends to apply for temporary retirement for childcare under Article 19 (1) of the Act shall submit to an employer a written application indicating the name and the date of birth of the infant to be cared for, the scheduled commencement date of temporary retirement for childcare, the date intended to terminate the temporary retirement for childcare (hereinafter referred to as "scheduled end date of temporary retirement for childcare"), application date and applicant for temporary retirement for childcare, etc. not later than 30 days prior to the scheduled commencement date of temporary retirement for childcare. |
(2) |
An application for temporary retirement for childcare may, where it falls under any of the following subparagraphs, be filed by not later than 7 days prior to the scheduled commencement date of temporary retirement for childcare, notwithstanding paragraph (1): |
1. |
Where a child is born before the expected date for delivery; |
2. |
Where rearing of the relevant infant is difficult due to the death, injury, disease, physical or mental handicap of the spouse, divorce, etc. |
(3) |
The employer shall designate the commencement date of temporary retirement for childcare and grant temporary retirement for childcare within 30 days from the date of application where the worker has applied for temporary retirement for childcare after the lapse of deadline under paragraph (1), and within 7 days from the date of application where the worker has applied for temporary retirement for childcare after the lapse of deadline under paragraph (2). |
(4) |
The employer may request worker who has applied for temporary retirement for childcare to submit documents, etc. proving the birth, etc. of the relevant child. |
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Article 12 (Modified Application, etc. for Temporary Retirement for Childcare) |
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(1) |
Any worker who applies for temporary retirement for childcare may, where causes falling under any subparagraph of Article 11 (2) have occurred before the scheduled commencement date of temporary retirement, apply to the employer, by clarifying the reasons therefor, to change the scheduled commencement date of temporary retirement to the date ahead of the original scheduled commencement date of temporary retirement. |
(2) |
A worker may, where he/she intends to extend the scheduled end date of temporary retirement for childcare, do so only once. In such cases, he/she shall apply to the employer by not later than 30 days prior to the original scheduled end date of temporary retirement (where intending to extend the scheduled end date of temporary retirement for any cause provided for in Article 11 (2) 2, 7 days prior to the original scheduled end date of temporary retirement). |
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Article 13 (Withdrawal, etc. of Application for Temporary Retirement for Childcare) |
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(1) |
Any worker who applies for temporary retirement for childcare may withdraw the relevant application by clarifying the reasons therefor, by not later than 7 days prior to the scheduled commencement date of a temporary retirement for childcare. |
(2) |
Any cause falling under any of the following subparagraphs occur, before the scheduled commencement date of temporary retirement for childcare after a worker applies for it, an application for temporary retirement for childcare shall be deemed nonexistent. In such cases, the worker shall, without delay, notify the employer of such facts: |
1. |
Where a relevant infant dies; |
2. |
Where a relevant infant is a foster child for whom adoptive relationship has been annulled or dissolved; |
3. |
Where a worker who has applied for temporary retirement for childcare has become unable to rear the relevant infant due to the injury, disease, physical or mental handicap, divorce, etc. |
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Article 14 (Termination of Temporary Retirement for Childcare following Death, etc. of Infants) |
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(1) |
A worker under temporary retirement for childcare shall, where the relevant infant is deceased or does not live with the worker, notify an employer of such facts within seven days from the date on which such causes occurred. |
(2) |
Upon receipt of notice of the facts concerning the death, etc. of the infant from the worker under temporary retirement for childcare under paragraph (1), the employer shall designate the commencement date of duties which falls within 30 days after receipt of such notice, and notify the relevant worker of such date. |
(3) |
The temporary retirement for childcare of a worker shall be deemed to have terminated on any of the following dates: |
1. |
On the date preceding the relevant commencement date of the duties where a worker has given a notice under paragraph (1) and has been notified of the commencement date of the duties under paragraph (2); |
2. |
On the date on which 30 days elapse from the date of notice under paragraph (1) where a worker has given a notice under paragraph (1), but has not been notified of the commencement date of duties under paragraph (2); |
3. |
On the on which 37 days elapse from the date of occurrence of infant’s death, etc. where a worker has failed to give a notice under paragraph (1). |
(4) |
Where a worker under temporary retirement for childcare commences new temporary retirement for childcare, maternity leave under Article 74 of the Labor Standards Act or a reduction of working hours for a period of childcare under Article 19-2 of the Act (hereinafter referred to as “reduction of working hours for a period of childcare”), the temporary retirement for childcare shall be deemed to have terminated on the date preceding the date on which the relevant new temporary retirement for childcare, maternity leave or reduction of working hours for a period of childcare commences. <Amended by Presidential Decree No. 23946, Jul. 10, 2012> |
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Article 15 (Applications, etc. for Reduction of Working Hours for Period of Childcare) |
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(1) |
A worker who intends to apply for a reduction of working hours for a period of childcare under the main sentence of Article 19-2 (1) shall submit to his/her employer a document (including electronic documents) wherein the name and date of birth of a person whom he/she rears during the period for which working hours are reduced for childcare, the scheduled commencement date of reduction of working hours, date on which the reduction of working hours for a period of childcare is intended to end (hereinafter referred to as "scheduled end date of reduction"), time for commencing or finishing duties during the reduction period of working hours for childcare, application date of the reduction of working hours for a period of childcare, and particulars of the applicant are stated 30 days before the date on which he/she intends to commence the reduction of working hours for a period of childcare (hereinafter referred to as "scheduled commencement date of reduction"). |
(2) |
Where a worker applies for a reduction of working hours for a period of childcare past the time limit prescribed in paragraph (1), his/her employer shall permit the reduction of working hours for a period of childcare by designating the commencement date of the reduction of working hours for a period of childcare which falls within 30 days from the application date. |
(3) |
An employer may request a worker who has applied for a reduction of working hours for a period of childcare under paragraph (1) or (2) to submit a document which substantiates the birth, etc. of the relevant child. |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
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Article 15-2 (Exception to Permission for Reduction of Working Hours for Period of Childcare) |
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1. |
Where an application is filed by a worker whose continuous work period in the relevant business until the scheduled commencement date of reduction does not exceed one year; |
2. |
Where an application is filed by a worker whose spouse is under temporary retirement for childcare for the same infant (including temporary retirement for childcare under other Acts and subordinate statutes); |
3. |
Where an employer fails to employ a substitute worker in spite of his/her endeavor for at least 14 days to employ a substitute worker after filing an application for a worker with an employment security office as defined in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as "employment security office"): Provided, That this shall not apply where he/she has rejected employment on at least two occasions without any justifiable reason despite the recommendation of job placement by the head of an employment security office; |
4. |
Where it is impracticable by the nature of the relevant duties to divide the working hours in performing the duties of a worker who has applied for a reduction of working hours for a period of childcare or where such reduction of working hours for a period of childcare substantially impedes the normal business operation, which shall be verified by an employer. |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
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Article 15-3 (Termination of Reduction of Working Hours for Period of Childcare following Death, etc. of Infants) |
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(1) |
A worker subject to reduction of working hours for a period of childcare shall, where the relevant infant is deceased or does not live with the worker, notify an employer of such facts within seven days from the date on which such causes occurred. |
(2) |
Upon receipt of notice of facts concerning the death, etc. of the infant from the worker subject to reduction of working hours for a period of childcare under paragraph (1), the employer shall designate a date for returning to work, which falls within 30 days after receipt of such notice, and notify the relevant worker of such date. |
(3) |
The reduction of working hours for a period of childcare of a worker shall be deemed to have terminated on any of the following dates: |
1. |
On the date preceding the relevant date for returning to work, before reducing working hours for a period of childcare, where a worker has given a notice under paragraph (1) and has been notified of a date for returning to work, before reducing working hours for a period of childcare under paragraph (2); |
2. |
On the date on which 30 days elapse from the date of notice given under paragraph (1), where a worker has given a notice under paragraph (1), but has not been notified of a date for returning to work, before reducing working hours for a period of childcare under paragraph (2); |
3. |
On the date on which 37 days elapse from the date of occurrence of a cause for terminating the reduction of working hours for a period of childcare, such as an infant’s death, etc. where a worker has failed to give a notice under paragraph (1). |
(4) |
Where a worker subject to a reduction of working hours for a period of childcare commences a new reduction of working hours for a period of childcare, temporary retirement for childcare, or maternity leave under Article 74 of the Labor Standards Act, the reduction of working hours for a period of childcare shall be deemed to have terminated on the date preceding the date on which a new reduction of working hours for a period of childcare, temporary retirement for childcare, or maternity leave commences. |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
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Article 15-4 (Application Mutatis Mutandis) |
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Articles 12 (2) and 13 shall apply mutatis mutandis
to procedures for a reduction of working hours for a period of childcare under Article 19-2 of the Act and other matters. In such cases, "temporary retirement for childcare" shall be construed as "reduction of working hours for a period of childcare", "scheduled commencement date of a temporary retirement" as "scheduled commencement date of reduction", and "scheduled termination date of temporary retirement" as "scheduled termination date of reduction", respectively.
[This Article Wholly Amended by Presidential Decree No. 23946, Jul. 10, 2012]
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Article 16 (Areas for Preferential Installation of Welfare Facilities) |
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Where the State and local governments install public welfare facilities for female workers under Article 22 (1) of the Act, they shall preferentially install them in an area where female workers are concentrated, such as an industrial complex, agroindustrial zone, etc.
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Article 16-2 (Applications, etc. for Temporary Retirement for Family Care) |
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(1) |
A worker who intends to apply for a temporary retirement for family care under the main sentence of Article 22-2 (1) shall submit to his/her employer a document (including electronic documents) wherein the names and dates of birth of family members whom he/she takes care of during the period of temporary retirement for family care, reasons for care, the scheduled commencement date of temporary retirement for family care, date on which the temporary retirement for family care is intended to terminate (hereinafter referred to as "scheduled termination date of retirement for family care"), application date of the temporary retirement for family care, and particulars of the applicant are stated 30 days before the date on which he/she intends to commence the temporary retirement for family care (hereinafter referred to as "scheduled commencement date of retirement for family care"). |
(2) |
Where a worker applies for a temporary retirement for family care past the time limit prescribed in paragraph (1), his/her employer shall permit the temporary retirement for family care by designating the commencement date of the temporary retirement for family care, which falls within 30 days from the application date. |
(3) |
An employer may request a worker who has applied for a temporary retirement for family care to submit a document which substantiates the necessity of the worker's temporary retirement for family care, such as health condition of the family member in need of care and feasibility of care by any other family member, etc. than the applicant. |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
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Article 16-3 (Exception to Permission for Temporary Retirement for Family Care) |
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1. |
Where an application is filed by a worker whose continuous work period in the relevant business until the scheduled commencement date of temporary retirement for family care does not exceed one year; |
2. |
Where any of parents, sons and daughters, spouse of a family member in need of care, other than the worker who has applied for a temporary retirement for family care, is able to take care of the family member in need of care; |
3. |
Where an employer fails to employ a substitute worker in spite of his/her endeavor for at least 14 days to employ a substitute worker after filing an application for a worker with an employment security office: Provided, That this shall not apply where he/she has rejected employment on at least two occasions without any justifiable reason despite the recommendation of job placement by the head of an employment security office; |
4. |
Where the worker's temporary retirement for family care substantially impedes the normal business operation, which shall be verified by his/her employer. |
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
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Article 16-4 (Application Mutatis Mutandis) |
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Articles 12 (2), 13 and 14 (1) through (3) shall apply mutatis mutandis
to procedures for a temporary retirement for family care under Article 22-2 of the Act and other matters. In such cases, "temporary retirement for childcare" shall be construed as "temporary retirement for family care", "scheduled commencement date of a temporary retirement" as "scheduled commencement date of temporary retirement for family care", "scheduled termination date of temporary retirement" as "scheduled termination date of temporary retirement for family care", and "infant" as "family member in need of care", respectively.
[This Article Newly Inserted by Presidential Decree No. 23946, Jul. 10, 2012]
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Article 17 (Entrustment of Duties, such as Surveys and Research for Work-Family Balance Assistance) |
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Pursuant to Article 22-3 (2) of the Act, the Minister of Employment and Labor may entrust duties concerning support for the establishment and operation of workplace child care centers under Articles 21 and 21-2 of the Act and concerning a formation of foundation for work-family balance assistance under Article 22-3 (1) of the Act to any of the following institutions or corporations: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
CHAPTER IV PREVENTION AND SETTLEMENT OF DISPUTES
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Article 18 (Grievance Reports, etc.) |
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(1) |
The method of reporting grievances under Article 25 of the Act shall be orally, in writing, by mail, by telephone, by fax, or via the Internet, etc. |
(2) |
Where an employer receives a report of grievances under paragraph (1), he/she shall directly handle the grievance within 10 days from the date of accepting it, or entrust the handling to a labor management council established under the Act on the Promotion of Workers' Participation and Cooperation unless any special grounds exist, and notify the relevant worker of the results of handling in cases of direct handling, and the fact of entrustment in cases of entrusting the handling to the labor management council. |
(3) |
Each employer shall form and keep the ledger of acceptance and handling of grievances, and keep the relevant documents for 3 years. |
(4) |
The ledger of acceptance and handling of grievances under paragraph (3) shall be formed and kept by means enabling the electronic handling unless any special reason exists preventing electronic handling, and the relevant documents under paragraph (3) may be prepared and kept in an electronic method. |
CHAPTER V SUPPLEMENTARY PROVISIONS
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Article 19 (Kinds of Preserved Documents) |
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For the purpose of Article 33 of the Act, "such documents prescribed by Presidential Decree" means those listed in each of the following subparagraphs:
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Documents concerning recruitment, employment, wages, money, goods, etc. other than wages, education, assignment and promotion, age limit, retirement and dismissal under Articles 7 through 11 of the Act; |
3. |
Documents concerning measures, such disciplinary measures against an actor of sexual harassment on the job under Article 14 (1) of the Act; |
4. |
Deleted; <by Presidential No. 21547, Jun. 19, 2009> |
6. |
Documents concerning applications for and grants of temporary retirement for childcare under Article 19 of the Act; |
7. |
Documents concerning applications for and grants of reduction of working hours for a period of childcare under Articles 19-2 and 19-3 of the Act, and where such application has not been granted, documents concerning the notification of the relevant grounds and consultation and working conditions during the period of reduction of working hours, etc. for a period of childcare. |
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Article 20 (Hearings) |
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The Minister of Employment and Labor shall hold a hearing where he/she intends to revoke the designation of institutions for preventive education of sexual harassment designated under Article 13-2 (4) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
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Article 21 (Delegation, etc. of Authority) |
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Pursuant to Article 36 of the Act, the Minister of Employment and Labor shall delegate the following authority to heads of local employments and labor agencies: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
1. |
Matters concerning designation and cancellation of institutions for preventive education of sexual harassment under Article 13-2 of the Act; |
2. |
Matters concerning establishment or operation of facilities to promote employment of women and subsidies for expenses incurred in conducting such business under Article 17 of the Act; |
3. |
Requests for submission, acceptance of, and requests for supplementation of implementation plans, and acceptance of the current status of male and female workers under Article 17-3 of the Act; |
4. |
Matters concerning acceptance of performance outcomes, notification of evaluation results of performance outcomes and requests for implementation of execution plans under Article 17-4 of the Act; |
5. |
Assistance, guidance, provision of information and consultation necessary for the establishment and operation of workplace child care centers under Articles 21 (3) and 21-2 of the Act; |
7. |
Matters concerning the commissioning and decommissioning of honorary supervisors for equal employment under Article 24 of the Act; |
8. |
Matters concerning orders for submission of reports and relevant documents, entry into business places, inquiry of interested parties, and inspection of relevant documents under Article 31 of the Act; |
CHAPTER VI FINES FOR NEGLIGENCE
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Article 22 (Standards for Imposition of Fines for Negligence) |
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(2) |
The Minister of Employment and Labor shall, when determining the amount of a fine for negligence, take into account the motive, consequences, etc. of the relevant offence. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2006. Provided, That the amended provisions from subparagraphs 4 through 6 in the attached Table shall enter into force on June 22, 2009.
Article 2 (Special Case concerning Obligation, etc. to Establish and Submit Implementation Plans of Positive Employment Improvement Measures)
The amended provisions of Article 4 (1) shall not apply to public agencies employing less than 50 full time workers from among those public agencies under Article 4 of the Management of Public Institutions by April 30, 2013.
Article 3 (Interim Measures concerning Obligation, etc. to Establish and Submit Implementation Plans for Positive Employment Improvement Measures)
The obligation of public agencies (excluding public agencies falling under Article 2 of the Addenda) to which Articles 17-3 and 17-4 of the Act will apply pursuant to the amended provisions of Article 4 (1), to submit implementation plans for positive employment improvement measures according to the following category, shall be applied from the year in the relevant category:
1. |
Submission of implementation plans for positive employment measures to be first submitted pursuant to Article 17-3 (1) of the Act (limited to public agencies whose ratio of employed female workers by job type falls short of employment criteria under Article 17-3 (1) of the Act): 2009 |
2. |
Submission of current status of male and female workers by job type and by position class which should be first submitted pursuant to Article 17-3 (2) of the Act: 2009 |
3. |
Submission of performance results of implementation plans for positive employment improvement measures to be first submitted pursuant to Article 17-4 (1) of the Act (limited to public agencies whose ratio of employed female workers by job type falls short of employment criteria under Article 17-3 (1) of the Act): 2010 |
Article 4 Omitted.
Article 5 (Relationships with other Acts and Subordinate Statutes)
Where the previous Enforcement Decree of the Act on the Equal Employment for Both Sexes or its provisions are cited in other Acts and subordinate statutes at the time this Decree enters into force, and where corresponding provisions exist in this Decree, this Decree or the corresponding provisions in this Decree shall be deemed to have been cited in lieu of the previous provisions.
ADDENDUM <Presidential Decree No. 21547, Jun. 19, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23946, Jul. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012.
Article 2 (Applicability to Applications for Reduction of Working Hours for Period of Childcare)
The amended provisions of Article 15 shall apply, beginning with an application for reduction of working hours for a period of childcare filed on or after the date this Decree enters into force.
Article 3 Omitted.