Prohibition of disadvantageous treatment, etc.
Prohibition of dismissal or disadvantageous treatment
The employer shall not dismiss or give any other unfavorable treatment to the employee for paternity leave, childcare leave, reduced working hours for a childcare period, family care leave, short-term family care leave, and reduced working hours for family care, etc. (Article 18-2 (5), the main body of Article 19 (3), Articles 19-2 (5), 22-2 (5) and 22-3 (5) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Prohibition of dismissal during childcare leave
The employer shall not fire the employee during childcare leave (the main body of Article 19 (3) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
However, if the employer cannot continue the business, exceptions shall be made (proviso to Article 19 (3) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Sanctions for violations
If an employer dismisses or gives any other unfavorable treatment to an employee in violation of the matters above, he/she shall be sentenced to not more than 3 years in prison or a fine not exceeding KRW 30 million (Subparagraphs 2-2, 3, 4, 6, and 7 of Article 37 (2) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Returning to the same work
Returning to the same duties or duties of the same level of wages
The employer shall return the employee to the same duties as before or the same level of wages after the completion of childcare leave or after the reduced working hours for a childcare period, or when the reduced working hours for family care is over (Articles 19 (4), 19-2 (6), and 22-3 (6) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Sanctions for violations
If the employer fails to return the relevant employee to the same duties as before or the same level of wages after the completion of the childcare leave or after the reduced working hours for a childcare period in violation of the above, he/she shall be fined up to KRW 5 million (Subparagraphs 4 and 5 of Article 37 (4) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Other supports
Measures for childcare support
The employer shall try to take any of the following measures to support the childcare of employees who raise a child aged 8 or below or in the 2nd grade or lower (including an adopted child) of elementary school (Article 19-5 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Time adjustment for the start and end of work
Restrictions on extended work
Adjustment of working hours, such as reduction of working hours and flexible operation
Other measures necessary to support childcare of employees
Support for returning to work
The employer shall try to develop and improve vocational skills for employees on childcare leave and support employees returning from maternity leave before and after childbirth, childcare leave, or reduced working hours for the childcare period to easily adapt to their work life (Article 19-6 of the Equal Employment Opportunity and Work-Family Balance Assistance Act).