South Korea: Equal opportunities

Original and updating authors: Jung Woo Lee, Hyunyoung Seo and Jong In Jun, Yulchon LLC

See the legal services provided by the author of International > South Korea, including any discounts/offers for subscribers.

Summary

• There is no comprehensive legislation specifically dealing with equal opportunities and prohibiting discrimination in recruitment and employment. (See General)
• Specific laws prohibit discrimination on certain grounds or against certain employees. (See Specific provisions)
• Discrimination on the grounds of gender and age may be permitted in certain cases. (See Exemptions)
• There are specific rules and obligations imposed on employers in regard to workplace harassment and workplace sexual harassment. (See Harassment and sexual harassment)
• Depending on the ground of discrimination, employers should not dismiss the employee or subject them to any other disadvantageous treatment on the basis of having filed a request for corrective action or for submitting a report with the Ministry of Employment and Labour. (See Victimisation)
• Employers may take positive action to temporarily favour one gender to eliminate existing discrimination. (See Positive action)
• Employers may have active obligations to prevent and eliminate discriminatory practices in the workplace. (See Active measures)
• A person who has suffered discrimination on certain grounds may file a request for corrective action with the Labour Relations Commission. Employers may face fines or imprisonment in response to findings of discrimination. (See Remedies and penalties)