*************************************************************** The material posted here was provided to the Division for the Advancement of Women by the Government in response to a note verbale. It is being made available in electronic format in the form received. In cases where it was not possible at this time to reproduce charts and tables supplied, these can be obtained by contacting the Division for the Advancement of Women directly. *************************************************************** THE WOMEN'S DEVELOPMENT ACT Ministry of Political Affairs - REPUBLIC OF KOREA Recognizing the reality of discrimination based on gender deeply rooted in our society, this Act is enacted, by prescribing the forwarding system and the concrete plan for women's policy, and the responsibilities of the State and the society for promoting the gender equality, expanding the social participation by women, and advancing the women's welfare, in order to promote the gender equality and ensure the expansion of women's participation in all political, economic, social and cultural fields in accordance with the Constitutional basic principles, to ensure that both women and men may, on equal basis, participate in and take responsibilities of realizing the healthy family and society as a whole. Table of Contents ESSENTIAL SUBSTANCE I. GENERAL PROVISIONS II. BASIC WOMEN'S POLICY PLAN, ETC. III. BASIC MEASURES ON WOMEN'S POLICY IV. WOMEN'S DEVELOPMENT FUND V. SUPPORT FOR WOMEN'S ORGANIZATION, ETC. VI. SUPPLEMENTARY PROVISIONS ADDENDA ESSENTIAL SUBSTANCE 1. The Women's Development Act is composed of six Chapters and thirty six Articles, of which the main contents are the Basic Women's Policy Plan, the basic measures on women's policy, the Women's Development Fund, and the support for women's organization, etc. 2. The purpose of the Act is to promote the gender equality and increase women's participation in all the aspects of political, economic, social and cultural fields by prescribing the responsibilities of the State and the local government to realize the Constitutional principles of equality based 011 the gender(Article 1). 3. The fundamental principle of the Act is to ensure that both women and men, on an equal basis may take part in, and share the responsibilities of realizing the healthy family and through promoting the gender equality, protecting the maternity, eliminating the gender discrimination and developing the ability of women(Article 2). 4. The State and the local government shall be responsible for providing the appropriate legal and institutional arrangements and for procuring the financial resources necessary for promoting gender equality, expanding women's social participation and enhancing women's welfare and may take interim affirmative actions, in accordance with the relevant statutes, to promote the participation of women in the fields where the participation is quite inactive (Article S and 6). 5. The State shall establish the basic plan for the women's policy every five years and the Central Administrative Agencies and local government, in accordance with the Basic Plan, establish and execute the annual execution program; And, the Central Administrative Agencies, the local government, public institutions, or other juristic person or organization shall cooperate wherewith(Article 7 through 9). 6. The source of legal authority for establishing the National Committee on Women's Policies, the Gender Discrimination Elimination Committee, and the Korean Women's Development Institute shall be provided in this Act(Article 10 through 12) 7. The Act prescibes the scope of basic measures on women's policy which shall include, but not limited to, the political process, public office, employment, education, social welfare, family and international cooperation, and the responsibilities of the State and the local government for the development of women(Article 15 through 28). 8. The State shall establish the Women's Development Fund in order to secure the financial resources necessary for supporting the projects for fulfilling the purpose of the Act, which shall be administered and operated by the Government(Article 29). 9. The State and the local government may support expenses required for activities of the women's organization, etc. (Article .3 2 ) . 10. The Minister who will administer the governmental affairs prescribed under this Act, including the establishment of basic plan on women's policy, and the management and the operation of fund, etc., shall be designated by the President(Article 36). I. GENERAL PROVISIONS Article 1 - Purpose The purpose of this Act is to promote the gender equality and to ensure the development of women in all the aspects of political, economic, social and cultural fields by prescribing the basic matters including, but not limited to, the responsibilities of the State and the local government necessary for emboding the Constitutional principles of gender equality. Article 2 - Fundamental Principle The fundamental principle of this Act is to ensure that women and men on an equal basis may take part in, and share the responsibilities of realizing the healthy family and society as a whole, under the basic principles of human dignity, promoting the gender equality, protecting the maternity, eliminating the bias of gender discrimination and developing the ability of women. Article 3 - Definitions The definition of the terms used in this Act is as follows; 1. the term "women's policy" means those policies relating to the promotion of gender equality, the expansion of women's social participation, and the enhancement of women's welfare, which shall be prescribed by the Presidential Decree. 2. the term "women's organization" means those organizations which shall be established for the purpose of promoting gender equality, expanding women's social participation and enhancing women's welfare, or other organizations which shall be prescribed by the Presidential Decree. 3. the term "women's facilities" means those facilities intended for promotion of gender equality, expansion of women's social participation and enhancement of women's welfare, which shall be prescribed by the Presidential Decree. Article 4 - Responsibility of Citizens All citizens shall recognize the importance of, and endeavor to realize the promotion of gender equality and the development of women Article 5 - Responsibility of State and Local Government The State and the local government shall be responsible for providing the appropriate legal and institutional arrangements and for procuring the financial resources necessary for promoting gender equality, expanding women's social participation and enhancing women's welfare. Article 6 - Interim Affirmative Actions The State and the local government may, in a reasonable scope, adopt interim affirmative actions, in accordance with the relevant statutes, in order to promote the participation of women in the fields where the participation is quite inactive. II. BASIC WOMEN'S POLICY PLAN, ETC. Article 7 - Establishment of Basic Women's Policy Plan (l)The State shall establish the basic plan on the women's policy(hereinafter referred to as "Basic Plan") every five years. (2)The basic plan shall include the following matters. 1. Basic direction for women's policy 2. Forwarding Goal of women's policy a. Promotion of gender equality b. Expansion of women's social participation c. Enhancement of women's welfare d. Other important measures related to women's policy 3. Measures of procuring financial resources for executing women's policy Article 8 - Establishment of Annual Execution Program (l)The head of the Central Administrative Agencies, the mayor of the Special City, the mayor of the Megalopolitan City, and the governor of the Province(hereinafter referred to as "city/province governor) shall, in accordance with the basic plan, establish and execute the annual execution program(hereinafter referred to as "execution program"). (2)The Government shall adjust the execution program and review the progress thereof. Article 9 - Cooperation for Establishment and Execution of Plan (1 ) The Government, the head of the Central Administrative Agencies, or the city/province governor may request cooperation, if required for establishment and execution of the basic plan or the execution program, to the relevant Central Administrative Agencies, the local government, public institutions, or other juristic person or organization. (2) Any one, who is requested cooperation under paragraph(l ), shall comply with it unless there are any special causes which may justify the exemption. Article 10 - National Committee on Women's Policies (l)The National Committee on Women's Policies(hereinafter referred to as "National Committee") shall be established under the control of the Prime Minister in order to deliberate the major policies with regard to women's policy. (2) Any matters necessary for function, organization and operation, etc. of the National Committee shall be prescribed by the Presidential Decree. Article 11 - Gender Discrimination Elimination Committee (l)The Gender Discrimination Elimination Committee(hereinafter referred to as "Elimination Committee") shall be established by the Government in order to correct the gender discrimination in the fields of law, institution, administrative actions, and custom, etc., and to ensure the development of women. (2) Any matters necessary for function, organization and operation, etc. of the Elimination Committee shall be prescribed by the Presidential Decree. Article 12 - Establishment of Korean Women's Development Institute (l)The Korean Women's Development Institute(hereinafter referred to as "Development Institute") shall be established in order to undergo research and study efficiently on the issues related to women. (2) Any matters necessary for establishment, organization, and scope of duty, etc. shall be prescribed by other statute. Article 13 - Research on Women's Issues (1)The Government shall conduct researches on the women's issues in order to establish the efficient women's policy through taking the public opinion poll or formulating the gender statistics. (2) The Government shall endeavor to provide the information about women through building the information system. Article 14 - Women's Week The Government shall designate one week a year as the Women's Week in order to enhance the development of women, and to attract the nation wide attention of people on the promotion of gender equality. III. BASIC MEASURES ON WOMEN'S POLICY Article 15 -Participation in Decision-Making Process and Politics (1 ) The State and the local government shall take measures to expand the women's participation in the policy making process including various government-affiliated committees, etc. (2) The State and the local government shall endeavor to support for the expansion of women's participation in the political process through various measures. Article 16 - Participation in Public Office The State and the local government shall create the conditions for the expansion of women's holding of public office through the reasonable administration of hiring, job assignment, promotion, reward, and education and training, etc. Article 17 - Equal Employment (1 )The State and the local government shall, in accordance with the relevant statutes, ensure that the gender equality for employees in the various areas of hiring, education and training, promotion, and retirement, etc. will be fulfilled. (2)The State and the local government shall provide institutional arrangements, including but not limited to the maternity leave, for employees to harmonize family obligations with workplace responsibilities. (3)The State, the local government or the employers shall take appropriate measures, including hut not limited to sexual harrassment preventing measures, required for fostering equal working environments on a gender basis in the work-place. Article 18 - Strengthening Maternity Protection (l)The State, the local government and the employers shall, in a special manner, protect women who are in the period of pregnancy, procreation and lactation, which must not be a basis for disadvantages. (2)The State and the local govemment shall, through the social insurance and the public finance, etc. under the Social Security Basic Act, share social expenditure in the cost for protecting the maternity in relation with working women's pregnancy, procreation and lactation Article 19 - Home Education The State and the local government shall make an effort that the education and discipline on gender equality must be provided at home. Article 20 - School Education The State and the local government shall ensure that the school education will inspire the consciousness of gender equality and shall expand the opportunity of education for women Article 21 - Community Education The State and the local government shall make an effort that the national and public training institution, the community educational institution, and the enterprise training center will provide the education enhancing the consciousness of gender equality. Article 22 - Promotion of Women's Welfare (l)The State and the local government shall provide measures to meet the demands of women's welfare in accordance with the change of social structure. (2)The State and the local government shall, in accordance with the relevant statutes, prevent the occurrence of low income fatherless families, unmarried mothers, runaway women, and other needy women and shall guide and protect them. (3) The State and the local government shall endeavor to promote the welfare of those women in the rural areas and women elderly. Article 23 - Infant and Child Care (l)The State and the local government shall, in accordance with the relevant statutes, expand the child care facilities and take other necessary measures required for the protection and education for infants and children. (2) The State and the local government shall provide the apropriate after-school care programs to protect and guide children at school age. Article 24 - Promotion Equality in the Family Relationship (l)The State and the local government shall endeavor to establish the democratic and equal values and norms in the family relationship. (2) The State and the local government shall provide the necessary supports for the dual-income family and the single-parent family in accordance with the change of family structure. Article 25 - Prevention of Sexual Assault and Domestic Violence ( l ) The State and the local government shall, in accordance with the relevant statutes, prevent the sexual assault crime and protect the victim thereof. (2)The State and the local government shall provide the measures to solve the violence problem occurring in the family. Article 26 - Estimating Value of Housework The State and the local government shall estimate the proper economic value of housework and endeavor to reflect it on the law, institution or policy. Article 27 - International Cooperation for Women (l ) The State and the local government shall expand the opportunity for women to participate in the work of international organization or international conference and shall support the activities of women for promoting the international peace and strengthening the international cooperation. (2)The State and the government shall endeavor to enter into and observe the interilational treaties relating to women including the "United Nations Convention on the Elimination of All Forms of Discrimination Against Women," etc. Article 28 - Elimination of Gender Discrimination Through Mass Media The State and the local government shall provide the support to improve the sexually discriminatory content in the mass media and to disseminate the principle of gender equality through the mass media. IV. WOMEN'S DEVELOPMENT FUND Article 29 - Establishment of Fund (1)The State shall establish the Women's Development Fund (hereinafter referred to as "fund") in order to secure the financial resources necessary for supporting the projects for fulfilling the purpose of this Act. (2)The fund shall be raised from the following financial resources; l. Contribution by the State 2. Cash, goods, and other property contributed by any individuals and organizations other than the State 3. Proceeds accuring from management of the fund 4. Other revenues prescribed by the Presidential Decree. (3)The fund shall be managed and operated by the Government. Article 30 - Usage of fund The fund shall be appropriated for the following projects. l. Support of projects for advancing women's right and interest 2. Subsidy in activities of women's organization 3. Support of estahlishing and operating women's facilities 4. Subsidy in women's international cooperative activities 5. Other projects for attaining gender equality and developing women, which shall be prescribed by the Presidential Decree. Article 31 - Accounting Office for Fund (l ) The Covernment shall appoint, among the government offcials, the fund accounting director and the fund accounting officer who shall take charge of revenue and expenditure of the fund. (2) Among the provisions of the Accounting Officer Responsibilities Act, those pertaining to the financial officer and the revenue officer shall apply mutatis mutandis to the fund accounting director, and those pertaining to the expenditure officer and accounting officer shall apply mutatis mutandis to the fund accounting officer. V. SUPPORT FOR WOMEN'S ORGANIZATION, ETC. Article 32 - Support for Women's Organization (1 ) The State and the local government may provide administrative supports necessary for organization and operation of the women's organization, and assist a part of expenses necessary for its activities, etc. within budget capability. (2) Any individuals, juristic persons or organizations may contribute money or other property in order to support the facilities and operation of the women's organizations. Article 33 - Establishment and Operation of Women's Facilities The State andl the local government may establish and manage the women's facilities whose purposes are to promote the women's right and interest, and welfare. Article 34 - Support of Women Volunteer Activities The State and the local government shall provide the support necessary for activating the women's volunteer service. VI. SUPPLEMENTARY PROVISIONS Article 35 - Delegation and Assignment of Authority The Government may, in accordance with the Presidential Decree, delegate a part of its authority vested under this Act lo the city/province govemor, or assign a part of its duty to the development institution or the women's organization. Article 36 - Designation of Minister for Administering Affairs The governmental affairs prescribed under this Act, including the establishment of Basic Plan, and the management and the operation of fund, etc., may be administered, as prescribed by the Presidential Decree, hy the Minister other than the head of Board,Ministry, or Office, who shall be designated by the President in accordance with Article 18(1 ) of the Government Organization Act. ADDENDA 1 Enforcement Date This Act shall enter into force six month after its promulgation ( 1996. 7.1 ) 2 Revision of Other Laws The Fund Administration Basic Act shall be amended as follows; Section 119 shall be added to the separate table as follows. 119. The Women's Development Act 3 Interim Measures The National Committee on Women's Policies established under the National Committee on Women's Policies Regulation at the time of enforcement of this Act shall be regarded as the National Committee on Women's Policies established under the Article 10 of this Act.