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Infomag กต |
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When the Korean Government was first established in 1948, all citizens including women
were given the suffrage. There also have been some movements during the last half a
century to improve women's rights and social status, which included the realization of
gender equality through amendment of the patricentric family law in 1958. Since the declaration of Platform for Action and Strategic Plans for Gender Mainstreaming in the 1995 UN World Conference on Women (Beijing, China), Korea adopted the Women's Development Act (December, 1995) to promote gender equality and women's development in political, economic, social, and cultural spheres.
Established in 1988, the Ministry of Political Affairs marked the first government agency
to handle women's policy in Korea. Later, the Ministry of Political Affairs was replaced by
Presidential Commission on Women's Affairs in 1998 (hereafter called PCWA) under the
new People's Government. PCWA's role has been expanded to plan, compile, and mediate
women's policy and even bestowed judicial power to reform gender discrimination. In March 2001, the Government Re-organization Act created the Ministry of Gender Equality (MOGE)in place of PCWA to exclusively handle women's policy. MOGE's duties included managing general women's policy related duties (domestic violence, sexual abuse, and sex trafficking prevention) along with existing PCWA duties. In June 2005, childcare management has been added to MOGE's duties.
MOGE was later re-organized as Ministry of Gender Equality and Family (MOGEF) to incorporate family policy management in its duties. Currently, MOGEF is working on women's policy with 16 metropolitan and 256 regional government bodies. Six federal agencies with high relevance to women's policy (Ministry of Education and Human Resources Development, Ministry of Health and Welfare, Ministry of Justice, Ministry of Agriculture and Forestry, Ministry of Government Administration and Home Affairs, and Ministry of Labor) and 47 central government agencies have officers in charge of women's policy to execute women's policy.
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Act on the Punishment of Procuring Prostitution and Associated Acts (2004)
The Act on the Punishment of Procuring Prostitution and Associated Acts was legislated by National Assembly on March 22nd, 2004 as the Act Number 7196 (effective date was six months after the declaration date). The Act was designed to sever the channel between prostitution supplier and middle persons by punishing human trafficking, specifically for the purpose of sex trafficking. The solicitation and extortion of prostitution will be punished, and various types of punishment will be enforced for each type of tort. Eventually, the Act plans to ultimately eradicate all forms of prevalent sex trafficking practices.
Anyone who reports such act will be rewarded, any profits received (money or other articles) will be confiscated and penalized, and bonds issued by sex peddlers to prostitutes will be null and void. If a sex trafficker reports a crime to authority or surrenders him/herself, the punishment will be minimized or dismissed; and if anyone reports sex trafficking by a member of crime organization, a reward will be issued.
Act on the Prevention of Prostitution and Protection of Victims of Thereof (2004)
The Act on the Prevention of Prostitution and Protection of Victims of Thereof was enacted with the Act on the Punishment of Procuring Prostitution and Associated to prevent prostitution, protect prostitution victims, and support prostitutes independence.
The Act mobilizes support centers to shelter sex trafficking victims and prostitutes to receive medical, legal aids and vocational training. These centers will facilitate victims for smooth
return to the society and prevent re-entry into the sex industry. Moreover, the center director must accompany police during sex trafficking victim rescues, and facilities that supported prostitution will be severely punished.
Revision of Political Parties Act (2004)
The Political Parties Act was revised by National Assembly on March 9, 2004, and the Revision was declared on March 12th as the Act Number 7190 (effective date is the same as declaration date). This Revision states that 50% of proportional representation must be composed of women, and additional aid will be available if 30% of local constituencies candidates are women.
Revision of Political Funds Act (2004)
The Political Funds Act was revised by National Assembly on March 9, 2004, and the Revision was declared on March 12th as the Act Number 7191 (effective date is the same as declaration date). This Act mandates 10% of government funding to be used for advancement of women's political power.
Act to Fostering and Assisting Women in Science (2002)
The Act to Fostering and Assisting Women in Science was legislated on December 18, 2002 to proactively support women in science and engineering fields (or candidates). Strengthening women's capacity and allowing them to fully perform the skills and capabilities in research and technical positions (or related fields) are this Act's main objectives.
Every five years, National Science and Technology Council will confirm and execute a comprehensive standard plan (including plans from central administrative bodies) for development and support for women in science and technology. The federal and local governments will contribute in providing various policies and programs, employments, and status enhancement programs.
In addition to the above supports for women in science and technology, preferential treatment and support for college students majoring in science and engineering are also written in the Act.
Act to Fostering and Assisting Women in Agriculture and Fishery (2001)
The Act to Fostering and Assisting Women in Agriculture and Fishery was legislated on December 31, 2001 to protect rights, improve status and quality of living, and foster professionals for women in agriculture and fisheries. By building up women, healthy families and communities will be cultivated and agriculture and fisheries industry will develop.
The Act describes the roles of federal and local governments in bringing up women in
agriculture and fisheries and improving women? management skills, status and
quality of living. Furthermore, the Act specifies establishment of and support for associations for women in agriculture and fisheries.
Gender Discrimination Prevention and Relief Act (1999)
The Gender Discrimination Prevention and Relief Act was legislated on February 8, 1999 to make gender equality a reality. The Act prohibits gender discrimination on employment, education, access to goods/facility/services, and it protects the rights and interests of those who were subject to such discrimination. The scope of gender discrimination prevention, gender discrimination investigation processes, and establishment of Offices for Gender
Discrimination Prevention and Relief are detailed in the Act. Since Ministry of Gender Equality (MOGE) was re-organized as Ministry of Gender Equality and Family, the gender discrimination prevention and relief duty (under MOGE) was transferred to Anti-discrimination committee (under National Human Rights Commission of the Republic of Korea). Therefore, this Act was repealed.
Act on Support of Women-owned Business Enterprises (1999)
The Act on Support of Women-owned Business Enterprises was legislated on February 5, 1999 to accomplish practical gender equality in the economic field and increase women's economic involvement. As part of the effort, a full support for women's entrepreneurship and opening new businesses are furnished. The Act contains government support program to
encourage women to open new businesses, preferential treatment for women owned businesses, measures to correct public sectors unfounded discrimination on women-owned businesses, and details of women's entrepreneurship development project. The revision made on March 25, 2002 notes that business incubation centers must contain centers for women to boost the number of women opening new businesses.
Act on the Prevention of Domestic Violence and Protection of Victims/Special Act on the Punishment of Domestic Violence(1997)
The Special Act for the Punishment of Domestic Violence and Act on the Prevention of Domestic Violence and Protection of Victims effective July 1, 1998) clearly state that domestic violence, which has been regarded as private matter, is a crime. These Acts describe criminal
charges of domestic violence and protection of victims. According to these Acts, anyone can report a domestic violence, and police must respond immediately to stop the violence and protect victims. In addition, a temporary restraining order must be placed to protect victims from continuous violence.
Women's Development Act (1995)
The Women's Development Act was legislated on December 30, 1995 and was revised on March 24, 2005. This Act identified basic laws for federal and local governments to follow in order to establish gender equality. The purpose of the Act is to promote gender equality and women's development in all areas of politics, economies, society, and culture. Moreover,
the Act's principle ideology is to build healthy families and draw participation and
sense of shared responsibility from both genders for national and social advancement.
This can be achieved by accelerating gender equality in society, protecting maternity, eliminating gender discriminatory perceptions, and developing women's capacity based on individual dignity. The Act's Preamble details women's development funds, supports for women's groups, basic women's policy project and its execution plan, and the responsibilities
of federal and local governments for women's development and gender equality.
Act on the Punishment of Sexual Violence and Protection of Victims Thereof (1994)
The Act on the Punishment of Sexual Violence and Protection of Victims Thereof outlines the preventative measures for sexual crimes and protection of victims and punishment (and its processes) of the offenders. The Act has been revised nine times, and the eighth revision (December 11, 2003) strengthened the protection for victims to minimize any possible human
rights violation during investigation and trials.
If the victim is under 13 years old or has disability, a trusted person must be present during interviews, and testimony shall be video taped to preserve the evidence. The revision also allowed video interviews for victims of sexual crimes such as rape and indecent assault.
Infant Care Act (1991)
The Infant Care Act was legislated to enhance family welfare by nurturing infants by protecting infants body and mind and providing sound education. The Act aims to raise children to become healthy members of the society and enable guardians to have strong economic and social activities at the same time.
Infant care must consider infants interests first and ensure safe and comfortable environment.
The national and local governments share the responsibility of raising healthy infants with guardians. In 2005 revision, the Act established Childcare Policy Mediations Commission
(Office of the Prime Minister), Central Childcare Policy Commission (MOGEF), and Regional Childcare Policy Commission (Seoul, metropolitan cities, Do, city/Gun/Gu) to effectively mediate the opinions of related Ministries and offices. The Act also mandates a Central Childcare Policy Commission for Minister of MOGEF and a Regional Childcare Policy Commission for mayors, governors, and board of supervisors of city/Gun/Gu.
With the revision of the Act, childcare responsibility of national and local governments
increased, and federal childcare support (with various funding levels) has been established. The qualification requirement for childcare facilities and staffs has been raised, and aids for farming/fishery and low-income communities have been expanded as well.
Sexual Equal Employment Act (1987)
The Sexual Equal Employment Act guarantees the equal employment opportunity and treatment at work places. The Act protects maternity, promotes harmony between work and home, and develops women's career and employment to make sexual equality in work place a reality.
The Act was revised on April 1, 1989, August 4, 1995, February 8, 1999, and August 13,
2001. In the Fourth revision, the employee protection has been expanded to cover work
places with only one employee (from five employees). Men's paternal leave and allowance and guarantee of position upon the return (prohibits discharge) are also written in the Act to establish a legal ground for men's childcare leaves. In addition, a concept of indirect discrimination (where written employment condition does not specify discriminatory clauses but is written in such a way that either gender cannot meet the criteria; hence, resulting in inevitable discrimination. If such discrimination cannot be proven reasonable, it shall be deemed discrimination) was included in the Act with precise description and conditions.
The employers responsibility on prevention of sexual harassment and providing prevention
trainings are enforced. Moreover, in an effort to prevent work place conflict and hardships, systematic resolution are laid out by introducing private employment equality counseling centers, an honorary inspector for employment equality, and expanding Employment Equality Commission's function.
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