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Laws of the Republic of Korea |
941 (Supp. 41)
FRAMEWORK ACT ON WOMEN'S DEVELOPMENT
Act No. 5136, Dec. 30, 1995
Amended by Act No. 5529, Feb. 28, 1998
Act No. 5733, Jan. 29, 1999
Act No. 5934, Feb. 8, 1999
Act No. 6400, Jan. 29, 2001
Act No. 6770, Dec. 11, 2002
Act No. 6836, Dec. 30, 2002
Act No. 7413, Mar. 24, 2005
Act No. 7786, Dec. 29, 2005
Act No. 8655, Oct. 17,2 0 0 7
Act No. 8852, Feb. 29, 2008
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to promote the equality between men and women in all the areas of politics, economy, society and culture and to facilitate the women's development by stipulating the fundamental matters with regard to the obligation, etc. of the State and local governments for real- izing an idea of equality between men and women under the Constitution of the Republic of Korea.
Article 2 (Basic Idea)
The basic idea of this Act is to make men and women commonly partici- pate in and share their responsibilities for the realization of a healthy family and the development of the State and society, through the pro- motion of equality between men and women, protection of motherhood, eradication of gender-based discrimination mindset and development of women's ability, based upon the dignity of individuals. Article 3 (Definitions)
For the purpose of this Act, the definitions of terms shall be as follows:
1. The term "women policy" means the policy prescribed by the Presi-
dential Decree, for the promotion of equality between men and
women,
FRAMEWORK ACT ON WOMEN'S DEVELOPMENT
(Supp. 41) 942
furtherance of women's social participation and increase of women's
welfare;
2. The term "women's association" means a juristic person or association
as prescribed by the Presidential Decree, established for
the main pur-
pose of the promotion of equality between men and women, furtherance
of women's social participation and increase
of women's welfare;
3. The term "facilities related to women" means the facilities prescribed
by the Presidential Decree, for the promotion of equality
between
men and women, furtherance of women's social participation and in-
crease in women's welfare;
4. The term "sexual harassment" means that the employees, employers
or workers of the State agencies, local governments, or public
organiza-
tions as prescribed by the Presidential Decree (hereinafter referred
to as the "State agencies, etc.") make the other
parties feel the sexual
humiliation or aversion, on job, employment or in other relations, by
the sexual speech and behavior utilizing
their positions or in relation
with their duties, etc., or give them disadvantages in employment on
account of denial to the sexual
speech and behavior or other demands,
etc.; and
5. The term "employers" means business owners, persons in charge of
business operation, or other persons who act for business owners
with
regard to the matters for workers.
Article 4 (Obligation of Citizens)
All citizens shall recognize the importance of the promotion of equality
between men and women and women's development, and shall
strive for
its realization.
Article 5 (Obligation of State and Local Governments)
The State and local governments shall have obligation to establish legal
or institutional devices and to provide financial resources which are neces-
sary for the promotion of equality between men and
women, furtherance
of women's social participation and increase in women's welfare.
Article 6 (Affirmative Action)
(1) For the attainment of substantial gender equality through the pro-
motion of women's participation in the fields in which the
participation
by women is noticeably stagnant, the State and local governments may
take affirmative actions within the reasonable
scope under the conditions
as the relevant Acts and subordinate statutes prescribe.
No. 6770, Dec. 11, 2002>
(2) The Minister of Gender Equality shall recommend the heads of State
agencies and local governments to take affirmative actions
in accordance
with paragraph (1) and check the results thereof.
ON WOMEN POLICY
Article 7 (Establishment of Fundamental Plans on Women Policy)
(1) The Minister of Gender Equality shall establish the fundamental
plans
on women policy (hereinafter referred to as the "fundamental plan") every
five years.
(2) The fundamental plan shall include matters in the following subpara-
graphs:
1. Basic direction of women policy;
2. Purposes of women policy:
(a) Promotion of equality between men and women;
(b) Extension of women's social participation;
(c) Increase in women's welfare; and
(d) Other principal policies relating to women policy; and
3. Methods to provide financial resources relating to the promotion of
women policy.
Article 8 (Establishment, etc. of Annual Implementation Plan)
(1) The heads of central administrative agencies, the Special Metropolitan
City Mayor, Metropolitan Cities Mayors and the Do governors (hereinafter
referred to as the "Mayor/Do governor") shall establish
and execute the
annual implementation plan under the fundamental plan (hereinafter re-
ferred to as the "implementation plan").
(2) The Minister of Gender Equality shall coordinate the implementation
plans and inspect the performance thereof.
(Supp. 41) 944
stitutions concerned to cooperate in developing and implementing a basic
plan and an implementation plan.
(2) The heads of central administrative agencies or the Mayor/Do gov-
ernor may, if necessary, ask the heads of the relevant central
adminis-
trative agencies, local governments or public institutions to cooperate
in developing and implementing an implementation
plan.
(3) Persons who are asked for the cooperation under paragraphs (1)
and (2) shall cooperate therein unless special grounds
exist that make
them impossible to do so.
[This Article Wholly Amended by Act No. 6770, Dec. 11, 2002]
Article 10 (Analysis and Assessment of Policies)
(1) The State and local governments shall, in the process of formu-
lating and implementing policies under their jurisdictions,
analyze and
assess the effects of such policies on women's rights and interests and
their participation in the society.
(2) The Minister of Gender Equality may assist or advise the State and
local governments in or on the analysis and assessment of
the policies
under paragraph (1).
(3) Necessary matters concerning standards for analyzing and assessing
the policies under paragraph (1) shall be prescribed by the
Presiden-
tial Decree.
[This Article Newly Inserted by Act No. 6770, Dec. 11, 2002]
Article 10-2 (Designation, etc. of Organs Assisting Analysis and Assess-
ment of Policies)
(1) The Minister of Gender Equality may designate the national or public
research organs, the research organs contributed by the
Government and
local governments, or private research organs, as the organs assisting
the analysis and assessment of policies for
the assistance and advice re-
quired for the analysis and assessment of policies of the State and local
governments pursuant to
the provisions of Article 10 (1).
(2) The State and local governments may receive the assistance and
advice required for the analysis and assessment of policies from
the organs
assisting the analysis and assessment of policies designated under the
provisions of paragraph (1) (hereinafter referred
to as the "organs assisting
36
945 (Supp. 41)
the analysis and assessment of policies"). In this case, they may pay
the expenses required for such assistance and advice within
the scope
of budgets.
(3) Where the organ assisting the analysis and assessment of policies
has violated the designation criteria or designation conditions,
the Minister
of Gender Equality and Family may order the organ to correct or cancel
such designation under the conditions provided
by the Minister of Gender
Equality.
[This Article Newly Inserted by Act No. 7786, Dec. 29, 2005]
Article 11 (Women's Policy Coordination Council)
(1) The Women's Policy Coordination Council (hereinafter referred to as
the "Coordination Council") shall be established under the
Prime Min-
ister with the mandate to deliberate on and coordinate major matters
of the women's policies.
(2) The Coordination Council shall deliberate on and coordinate mat-
ters falling under each of the following subparagraphs:
1. Matters concerning fundamental plans and implementation plans;
2. Matters concerning the coordination of women's policies involving not
less than two administrative agencies;
3. Matters concerning the assessment of women's policies and institu-
tional improvements; and
4. Other matters prescribed by the Presidential Decree for women's
policies.
(3) The working-level women's policy meeting shall be established under
the Coordination Council to examine matters to be deliberated
and coordi-
nated in advance under paragraph (2) and to deal with matters delegated
by the Coordination Council.
(4) The composition and operation, etc. of the Coordination Council and
the working-level women's policy meeting shall be prescribed
by the
Presidential Decree.
[This Article Newly Inserted by Act No. 6770, Dec. 11, 2002]
Article 12 (Designation of Officials in Charge of Women's Policies)
(1) The heads of central administrative agencies shall designate offi-
FRAMEWORK ACT ON WOMEN'S DEVELOPMENT
(Supp. 41) 946
cials in charge of women's policies among the competent public officials
to formulate and implement efficiently women's policies
of the relevant
agencies.
(2) Necessary matters concerning the designation and duties, etc. of the
officials in charge of women's policies under paragraph
(1) shall be pre-
scribed by the Presidential Decree.
[This Article Newly Inserted by Act No. 6770, Dec. 11, 2002]
Article 13 (Investigation, etc. on Women Related Affairs)
(1) In the
event that it is necessary for the efficient formulation of
women's policy, the Minister of Gender Equality shall conduct a basic
survey and a public opinion poll on problems involving women.
(2) The Minister of Gender Equality shall strive to provide information
relating to women through the establishment of information
system.
(3) In the event that the State and local governments compile popula-
tion statistics, the distinction of gender shall be included
in the major
analysis unit.
For the sake of contriving women's development and raising nationwide
concern about the promotion, etc. of equality between men
and women,
one week of a year shall be designated as Women's Week under the
conditions as prescribed by the Presidential Decree.
CHAPTER BASIC MEASURES OF WOMEN
POLICY
Article 15 (Procedure of Policy Decision and Participation in Politics)
(1) The State and local governments shall devise the measures
to ex-
pand women's participation in the procedure of policy decision of various
committees, etc.
(2) The State and local governments shall strive to support the exten-
sion of women's political participation through various ways.
Article 16 (Participation in Public Office)
The State and local governments shall provide the proper conditions for
36
947 (Supp. 41)
the expansion of women's participation in public offices through reason-
able management of appointment, assignment of position,
promotion, re-
ward and educational training of the public officials.
Article 17 (Equality in Employment)
(1) The State and local governments shall strive for the realization of
equality between men and women in overall areas of employment,
including
the appointment, educational training, promotion and retirement of work-
ers, under the conditions determined by the
related Acts.
(2) Deleted.
(3) The State, local governments and business owners shall take proper
measures for the arrangement of equal working conditions
within a
workplace.
(2) The Minister of Gender Equality may announce the result of sexual
harassment prevention measures of the State agencies, etc.
pursuant to
the provisions of paragraph (1) publicly to the press, etc.: Provided, That
the same shall not apply to the case where
the public announcement is
restricted by other Acts.
[This Article Newly Inserted by Act No. 7786, Dec. 29, 2005]
Article 18 (Reinforcement of Maternity Protection)
(1) The State,
local governments and business owners shall provide
special care to women during their pregnancy, childbearing, childbirth and
lactation and protect them from any disadvantage for those reasons.
(2) The State and local governments shall gradually raise the
social
burden on maternity protection expenses relating to pregnancy, child-
bearing and lactation of working women through social
security based on
FRAMEWORK ACT ON WOMEN'S DEVELOPMENT
(Supp. 41) 948
the Framework Act on Social Security and finance, etc.
Article 19 (Home Education)
The State and local governments shall strive for the education on the
equality between men and women to be made at home.
Article
20 (School Education)
In school education, the State and local governments shall inspire the
idea of equality between men and women and expand women's
educational
opportunity.
Article 21 (Lifelong Education)
The State and local governments shall try to execute the education which
enhances the mindset of equality between men and women,
in the edu-
cation programs of the national training institute, public training insti-
tute, lifelong education establishments
and others.
Article 21-2 (Development of Female Human Resources)
(1) The State and local governments shall devise a policy for the devel-
opment
of female human resources to facilitate women's active partici-
pation in society.
(2) The State and local governments shall devise a policy to help women
participate in economic activities on an equal footing with
men through
the improvement of women's capabilities.
(3) The State and local governments shall devise a policy to improve wom-
en's informatization capabilities.
[This Article Newly Inserted by Act No. 6770, Dec. 11, 2002]
Article 21-3 (Establishment, etc. of Korean Institute for Gender Equal-
ity Promotion and Education)
(1) The Korean Institute for Gender Equality Promotion and Education
(hereinafter referred to as the "Promotion Institute") shall
be estab-
lished in order to forward and promote efficiently and systematically the
education to increase the ability to recognize
and reflect the impacts to
be extended to female and male (hereinafter referred to as the "sex recog-
nition education") so as
not to generate any inequality to the both sexes
equality education or the specific sex distinction.
(2) The Promotion Institute
shall be a juristic person.
(3) The Promotion Institute shall be effected by making an establish-
ment registration at the location
of its main office.
36
949 (Supp. 41)
(4) The officers and necessary staff members shall be placed in the
Promotion Institute under the conditions as provided by its
articles of
incorporation.
(5) The Promotion Institute shall perform the business falling under
each of the following subparagraphs:
1. Education for gender equality and promotion business;
2. Sex recognition education to public officials;
3. Education for leadership fostering for female and male;
4. Fostering business of the specialized manpower such as the lecturer
of education for prevention of sexual harassment;
5. Supporting business for the exchange cooperation for strengthening
the educational courses for gender equality of the public official
edu-
cation and training institute;
6. Development and research business of gender equality education
programs;
7. Publication business of the data related to gender equality education;
8. Business annexed to the businesses of subparagraphs 1 through 7,
or business related thereto which have been entrusted from the
State
agencies, etc.; and
9. Other businesses as prescribed by the Presidential Decree in order
to achieve the purpose of the Promotion Institute.
(6) The
Government may contribute the expenses necessary for the op-
eration of the Promotion Institute within the scope of its budgets.
(7) Except as provided in this Act, the provisions concerning a jurid-
ical foundation as referred to in the Civil Act shall apply
mutatis mu-
tandis to the Promotion Institute.
[This Article Newly Inserted by Act No. 7786, Dec. 29, 2005]
Article 22 (Increase in Women's Welfare)
(1) The State and local governments shall devise proper measures to
meet the demand of women's welfare following a change by district,
age,
etc.
(2) The State and local governments shall take measures necessary to
assist low-income mother and child households, unmarried mothers,
hand-
icapped female, runaway women and other women in need of protection
under the conditions prescribed by relevant Acts.
(Supp. 41) 950
(3) The State and local governments shall strive to increase the welfare
of aged women and women dwelling in fishing and agrarian
villages.
Article 23 (Balance between Workplace and Home Life)
The State and local governments shall devise a policy with respect
to
measures falling under each of the following subparagraphs to ensure the
harmonious balance between workplace life and home
life for workers:
1. Expansion of childcare facilities for infants and toddlers;
2. Revitalization of childcare after school hours;
3. Establishment of a childcare leave system; and
4. Expansion of lactation facilities within a workplace.
[This Article Wholly Amended by Act No. 6770, Dec. 11, 2002]
Article 24
(Establishment of Equal Relationship in Family, etc.)
(1) The State and local governments shall strive to establish demo-
cratic
and equal relationship in a family.
(2) The State and local governments shall devise supportive measures
necessary for two-income couples or one parent households,
in response
to the changes in family composition.
(3) The State and local government shall devise a policy to offer coun-
seling services to the victims of sexual or domestic violence,
and correct
assailants as prescribed by the relevant Acts.
Article 26 (Evaluation on Value of Housework)
The State and local governments shall strive to evaluate justifiable
economic value of housework and reflect it to the legal systems
and
policies.
Article 27 (International Cooperation for Women)
(1) The State and local governments shall expand women's participa-
tion in international organizations and conferences and support
women's
international peace promotion movement and activities for intensifi-
cation of international cooperation.
36
951 (Supp. 41)
(2) The State and local governments shall strive to conclude or enforce
women-related treaties.
Article 28-2 (Assistance in Women's Volunteer Service Activities)
The State and local governments may provide necessary assistance
to
vitalize women's volunteer service activities.
[This Article Newly Inserted by Act No. 6770, Dec. 11, 2002]
CHAPTER FUND FOR WOMEN'S
DEVELOPMENT
Article 29 (Establishment, etc. of Fund)
(1) The State shall establish the women's development fund (herein-
after referred to as the "Fund") to secure necessary financial
resources
to support the projects, etc. for the realization of the purpose of this
Act.
(2) The Fund shall be created from the following resources:
1. Contribution from the State;
2. Money, goods, or other property contributed from a person except for
the State;
3. Profits produced from operation of the Fund; and
4. Such other revenues as prescribed by the Presidential Decree.
(3) The Fund shall be managed and operated by the Minister of Gender
Equality.
(4) The Minister of Gender Equality may entrust any financial institution
provided for in Article 2 (1) 2 of the Banking Act with
administrative
affairs concerned with the management and operation of the Fund in whole
or in part under the conditions prescribed
by the Presidential Decree.
29, 2005; Act No. 8852, Feb. 29, 2008>
Article 30 (Uses and Purpose of Fund)
The Fund shall be used for the following projects:
1. Support of the projects for increasing women's rights and interests;
2. Support of the projects of women's association;
3. Establishment of facilities related to women and support for its oper-
ation;
4. Support of the projects of women's international cooperation; and
5. Support of other projects as prescribed by the Presidential Decree
for the realization of equality between male and female, women's
devel-
opment and family supports, etc.
Article 31 (Accounting Organ of Fund)
(1) For the operation of the revenue and expenditure of the Fund, the
Minister of Gender Equality shall appoint the Fund revenue
collection
officer, the Fund financial officer, the Fund disbursing officer and the
Fund accounting official among the public officials
under his/her control.
(2) Where the Minister of Gender Equality entrusts administrative affairs
concerning the management and operation of the Fund in
whole or in part
in accordance with Article 29 (4), he/she shall appoint a director in charge
of revenues of the Fund and a director
in charge of expenditures of the
Fund among directors of the financial institution that is entrusted with
the administrative affairs,
and an employee in charge of expenditures
of the Fund and an employee in charge of receipts and disbursements
of the Fund among
employees of such financial institution, respectively.
In this case, the director in charge of revenues of the Fund shall perform
the duties of the Fund revenue collection officer, the director in charge
of expenditures of the Fund shall perform the duties
of the Fund financial
officer, the employee in charge of expenditures of the Fund shall perform
the duties of the Fund disbursing
officer and the employee in charge of
receipts and disbursements of the Fund shall perform the duties of the
Fund accounting officer,
respectively.
953 (Supp. 41)
CHAPTER SUPPORT, ETC. OF WOMEN'S
ASSOCIATION
Article 32 (Support of Women's Association, etc.)
(1) The State and local governments may provide administrative sup-
port necessary
for activities carried out by women's associations to fa-
cilitate the gender equality, to expand women's participation in society
and to foster women's welfare, and subsidize part of expenses required
for such activities within limits of the budget.
(2) Where any non-profit corporation or non-profit organization carries
out activities aimed at promoting the gender equality and
the develop-
ment of women, the State and local governments may provide necessary
assistance thereto.
(4) The local governments may subsidize whole or part of the expenses
within the scope of their budgets where they entrust the operation
under
the provisions of paragraph (3).
FRAMEWORK ACT ON WOMEN'S DEVELOPMENT
(Supp. 41) 954
Article 34 Deleted.
Article 35 (Delegation and Consignment of Power)
The Minister of Gender Equality may delegate part of his/her power under
this Act to the Mayor/Do governor, or consign part of his/her
works to
a women's association or specialized institutions concerned with women's
policies under the conditions prescribed by the
Presidential Decree.
(1) (Enforcement Date) This Act shall enter into force six months after the
date of its promulgation.
(2) Omitted.
(3) (Transitional Measures) The Women Policy Deliberation Committee un-
der the Regulation for the Women Policy Deliberation Committee
at the en-
forcement date of this Act shall be regarded as the Women Policy Deliberation
Committee under the provisions of Article
10 of this Act.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 11 Omitted.
36
955 (Supp. 41)
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on July 1, 1999.
(2) Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM
This Act shall enter into force three months after the date of its promul-
gation.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promul-
gation.
Article 2 (Transitional Measures concerning Juridical Foundation
Korean Institute for Gender Equality Promotion and Education)
(1) The Korean Institute for Gender Equality Promotion and Education
(hereinafter referred to as the "Juristic Person") established
by ob-
taining a permission of the Minister of Gender Equality and Family
under the provisions of Article 32 of the Civil Act at
the time of enforce-
ment of this Act may apply for the approval to the Minister of Gender
FRAMEWORK ACT ON WOMEN'S DEVELOPMENT
(Supp. 41) 956
Equality and Family so as to have the Promotion Institute to be estab-
lished under the amended provisions of Article 21-3 succeed
all of its
rights and obligations under a resolution of the board of directors.
(2) The Juristic Person obtained an approval of
the Minister of Gender
Equality and Family under the application of paragraph (1) shall be regarded
to have been dissolved at the
time of an establishment of the Promotion
Institute under this Act, notwithstanding the provisions concerning dis-
solution and
liquidation of juristic persons in the Civil Act, and all properties,
rights and obligations of the Juristic Person shall be succeeded
by the
Promotion Institute. In this case, the name of the Juristic Person for the
properties, rights and obligations on the register
and other public registers
shall be regarded as the name of the Promotion Institute.
(3) Officers and staff members of the Juristic
Person at the time of establish-
ment of the Promotion Institute shall be regarded as the officers and staff
members of the Promotion
Institute under this Act.
Article 3 (Transitional Measures concerning Woman Resources Develop-
ment Center)
The woman resources development center being operated under the pre-
vious provisions of Article 33 (3) at the time of enforcement
of this Act,
which is the woman resources development center supported by the
Special Metropolitan City Mayor, Metropolitan City
Mayor or Do gov-
ernor (hereinafter referred to as the "Mayor/Do governor") for whole or
part of its expenses shall be regarded
as the woman resources develop-
ment center whose operation has been entrusted by the Mayor/Do gover-
nor in the area where the
relevant woman resources development center
is located.
Article 4 (Transitional Measures concerning State Credits to Woman Re-
sources Development Center)
The State credits to the woman resources development center which has
been operated under the previous provisions of Article 33
(3) at the
time of enforcement of this Act shall be succeeded by the Special Metropol-
itan City, Metropolitan City or Do wherein
the relevant woman resources
development center is located.
Article 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promul-
36
957( 970) (Supp. 41)
gation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 7 Omitted.
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