Protection of female workers
Special protection for female workers
All citizens shall have the right to work. (Upper part of Article 32(1), 「Constitution of the Republic Of Korea」)
The State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system under the conditions prescribed by the Act. (Upper part of Article 32(1), Constitution of the Republic Of Korea)
Special protection shall be accorded to working women, and they shall not be subject to unjust discrimination in terms of employment, wages and working conditions. (Article 32(4), Constitution of the Republic Of Korea)
Support for women's advance into society
The State, local governments, and employers shall guarantee equal opportunities for both genders in all vocational ability development training in order to develop and improve the vocational abilities of women. (Article 16, 「Equal Employment Opportunities And Work-Family Balance Assistance Act」)
Prohibition of Employment Discrimination on the Basis of Sex
Discrimination and adverse action
The term "discrimination" means that an employer discriminates against an employee with regard to his or her employment or working conditions, or takes any other disadvantageous measures without justifiable reason, on grounds of gender, marriage, status within the family, pregnancy or childbirth, etc. (Main text of Subparagraph 1, Article 2, Equal Employment Opportunities And Work-Family Balance Assistance Act)
Q. What other disadvantageous measures are there?
A. This term includes cases where, even if the employer equally applies employment or working conditions, the number of persons of one gender capable of satisfying such conditions is remarkably fewer in comparison with the opposite gender, thus putting the opposite gender at a disadvantage, and the said conditions may not be attested to be justifiable. (Main text of Subparagraph 1, Article 2, Equal Employment Opportunities and Work-Family Balance Assistance Act)
However, cases falling under any of the following are excluded. (Proviso to Subparagraph 1, Article 2, 「Equal Employment Opportunities And Work-Family Balance Assistance Act」)
· Where a specific gender is inevitably requested in view of the characteristics of the duties involved;
· Where measures are taken to protect motherhood, such as pregnancy, childbirth and lactation of female employees;
· Where proactive employment improvement measures are taken under 「Equal Employment Opportunities And Work-Family Balance Assistance Act」 or other Acts.
Prohibition of Discrimination in Recruitment and Employment
No employer shall discriminate on grounds of gender when recruiting or employing employees. (Article 7(1), 「Equal Employment Opportunities and Work-Family Balance Assistance Act」)
In recruiting or employing employees, no employer shall require or demand physical traits or conditions, including appearance, height, weight, or unmarried status, which are not required to perform the relevant duties. (Article 7(2), 「Equal Employment Opportunities And Work-Family Balance Assistance Act」)
Exceptions to Non-Discrimination
- The Equal Employment Opportunities and Work-Family Balance Assistance Act shall not apply to abusiness or business place consisting only of relatives living together or housekeeping employees. (Proviso to Article 3(1), the 「Equal Employment Opportunities And Work-Family Balance Assistance Act」 and Article 2(1), 「Enforcement Decree of the Equal Employment Opportunities And Work-Family Balance Assistance Act」)