Professional Documents
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Gender Discrimination Prevention & Relief Act
Gender Discrimination Prevention & Relief Act
2. The employer and director of a public institution shall, in accordance with presidential
decree, develop measures to prevent sexual harassment, such as the provision of educational
programs.
3. Sexual harassment shall be regarded as a form of gender discrimination.
Article 8 (Exception to the Prohibition of Gender Discrimination)
Correctional measures to facilitate gender equality prescribed under other laws shall not be
regarded as gender discrimination under this Act.
Chapter 3. Responsible Authority
Article 9 (Jurisdiction over Redressing Gender Discrimination)
1. The investigation of and/or reparation recommendation for gender discrimination cases and
other matters concerning redressing gender discrimination shall be performed by the
Presidential Commission on Women''''s Affairs (hereinafter referred to as the "Commission") in
accordance with Article 18, Paragraphs 1 and/or 3 of the Government Structure Law.
2.A working-level committee which will handle the business of redressing gender
discrimination, delegated by the Commission, shall be established under the Commission and
the matters necessary for the formation and administration of the committee and the
qualifications of committee members shall be established by presidential decree.
Article 10 (Function)
The functions of the Commission in relation to the business of redressing gender discrimination
shall be as follows.
(1) The Commission shall investigate gender discrimination cases (i.e. demand information
regarding such matters.)
(2) The Commission shall determine whether a concerned case is a gender discrimination case,
and arbitrate, report, and make a reparation recommendation for such a case.
(3) The Commission shall make recommendations or express its opinions to reform gender
discriminatory laws, institutions, or policies.
(4) The Commission shall demand a report on the results of actions taken under subsections (2)
and (3) above.
(5) The Commission shall establish and distribute standards for the prohibition of gender
discrimination and guidelines for reparation.
Article 11 (Classification of Meetings)
1. Meetings held by the Commission shall be classified as follows: a meeting composed of all
the members of the Commission (hereinafter referred to as a "plenary meeting"); and a
meeting composed of the Commissioner or a standing member of the Commission and not
more than 4 non-standing members (hereinafter referred to as a "sub- meeting").
2. A sub-meeting shall be held in each sector to address matters under its supervision.
Article 12 (Matters under the Supervision of Plenary Meetings and Sub-Meetings)
1. A plenary meeting shall deliberate and make resolutions on matters described in the
following subsections.
(1) Matters related to the functions of the Commission prescribed in Article 10.
(2) Establishment of standards for the prohibition of gender discrimination and guidelines for
reparation.
(3) Matters which require a change in the previous decisions and opinions made by the
Commission.
(4) Matters which a sub-meeting fails to resolve or decides to have a plenary meeting handle.
(5) Other matters which, a plenary meeting determines, are necessary for itself to handle.
2. A sub-meeting shall deliberate and make resolutions on matters other than those described
in any of the subsections of Paragraph 1 above.
Article 13 (Deliberation and Quorum of a Meeting)
1. Deliberations of a plenary meeting shall be presided over by the Commissioner and a
standing member designated
by the Commissioner, and a resolution shall be made by the majority of the members enrolled.
2. Deliberations of a sub-meeting shall be presided over by the Commissioner or a standing
member, and a resolution shall be made with all the members of the sub-meeting present and
by unanimous agreement of the members present.
Article 14 (Signing and Sealing a Resolution)
When the Commission makes a resolution under this Act, it shall prepare a written resolution
statement, clarifying the
reasons behind the resolution, and the members who have participated in the preparation of
the resolution shall sign and seal the statement.
Article 15 (Disqualification, Challenge and Removal of a Member)
1. A member shall be disqualified from the deliberation and resolution of cases which fall under
any of the following subsections.
(1) Cases in which the member himself/herself or his/her spouse/ex-spouse constitutes an
interested party or an owner of joint rights or joint responsibility.
(2) Cases in which the Commission member is a family member or a blood relative of an
interested party or a legal or business counselor, consultant, etc. for the interested party.
(3) Cases in which the member offers testimony or opinions as an expert.
(4) Cases in which the member is or has been engaged as a representative for an interested
party.
2. When circumstances exist which render fair deliberations and resolution by a member
impossible, the person(s) who has made a motion in relation to gender discrimination and the
concerned public institution or its employer may move to challenge the concerned member.
3. The Commissioner shall decide on the motion for challenge under Paragraph 2 above
without a resolution by the Commission. However, if the concerned member, public institution,
or its employer raises an objection against the decision, the plenary meeting shall make a
resolution on the matter.
4. A member may remove himself/herself from deliberation and resolution of a case in which
he/she falls under any of the subsections of Paragraph 1 or Paragraph 2.
Article 16 (Executive Secretary)
1. An executive secretary who shall be responsible for the business of redressing gender
1. The Commission, when receiving a motion for reparation in gender discrimination cases,
shall immediately investigate the facts of gender discrimination, except for cases which come
under any of the following subsections.
(1) When a year has passed since the occurrence of facts which support a claim of gender
discrimination.
(2) When the alleged acts of gender discrimination clearly prove, by themselves, false, or when
it is acknowledged that there is no justifiable reason for the motion.
(3) When a case has already been resolved or is being processed under other laws.
(4) When it is acknowledged that the investigation by the Commission is inappropriate.
2. When significant evidence exists to establish grounds for a gender discrimination case, the
Commission may, ex officio, conduct a necessary investigation.
3. The Commission may transfer a gender discrimination case to another institution when it
judges that it is appropriate for the other institution to handle the case. In such an instance,
the method, procedure, and other necessary matters for the transfer shall be prescribed by
presidential decree.
4. In cases where the Commission has already initiated an investigation, it may end the
investigation when it determines that it is no longer necessary to continue.
5. The Commission shall send a notice to a mover, with reasons attached, in the following
instances: when it does not investigate a reported gender discrimination case in accordance
with the conditional clause of Paragraph 1; when it transfers a case to another institution under
Paragraph 3; or when it ends an investigation under Paragraph 4.
6. An investigation under Paragraph 1 shall be completed within ninety days from the receipt of
a reparation motion unless there are special circumstances prescribed by presidential decree.
Article 23 (Methods of Investigation)
1. The Commission may, when determining that it is necessary for an investigation under
Article 22, take the measures described in the following subsections.
(1) The Commission may demand a public institution or its employer provide an explanation or
submit related materials and documents.
(2) The Commission may demand a mover, interested party or witness attend or state his/her
opinions.
(3) The Commission may appoint an expert witness and request his/her opinions.
2. The Commission may, when determining that it is necessary for the performance of its
duties, have its employees or experts make an on-the-spot investigation or listen to a
statement by a mover, interested party or witness at a designated place.
3. An employee or expert of the Commission shall, when performing duties under Paragraph 2,
show his/her identification card stating his/her authority to a concerned public institution or its
employer.
Article 24 (Investigation Limitations and Reference to Necessary Facts)
1. The Commission may not demand an explanation or submission of related materials,
documents, etc. or an on-the-spot investigation under Article 23, Paragraph 1, subsections (1)
and (2) and Paragraph 2 from the head or employer of a concerned public institution, if he/she
submits to the Commission a written confirmation stating that opening the concerned
materials, documents, etc. to the public may harm important national interests, such as
2. (Revision of Other Laws) The Basic Law for the Advancement of Women shall be revised as
follows.
Article 11 shall be eliminated.