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Recommended Revision of Article of the Public Officials Act on Prohibition of Maternity Leave [2003] KRNHRC 47 (22 September 2003)

The complainant filed a complaint against the Ministry of Government
Administration and Home Affairs, declaring Article 71 of the Public Officials
Act prohibiting `government officials of special career positions (high ranking
post such as prime minister, minister, etc., extraordinary posts, posts under
contract for specific period, and lower clerical post)' from taking maternity leave
is in violation of the right of equality under Article 11 of the Constitution.
Allowing maternity leave is an important aspect of public policy.

It is intended not only to help female but also male workers properly provide for
their families and function effectively in the workplace. With regard to
personnel management of female government officials, the `Guidelines for
Personnel Management of Female Government Officials' stipulate that `a family
friendly working environment be created,' and this should be applied to all
government officials. Nonetheless, `government officials of special career
positions' have been excluded from the system for maternity leave, which is an
important part of the welfare system that helps maintain good office and family
environments. The Commission decided that given all applicable laws and
international conventions, it was reasonable to allow `government officials of
special career positions' to take maternity leave, and that not allowing such
government officials to take maternity leave was a discriminatory act in violation
of the right of equality. On September 22, 2003, the Commission
recommended that the respondent organ revise the Public Officials Act to allow
`government officials of special career positions' to take maternity leave, and the
respondent organ accommodated the recommendation.

The case was closed as rejected because it pertained to legislation. However,
the Commission found that the contents of the complaint should be handled by
means of policy, and accordingly, after in depth investigation and collection of
materials, the Commission issued recommendations on policy.