(1) No employer shall discriminate on grounds of gender in recruiting or employing employees.

(2) In recruiting or employing employees, no employer shall exhibit or demand physical conditions including appearance, height, or weight, and unmarried status, which are not required for performing the relevant duties, or any other conditions prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010; May 18, 2021>

[This Article Wholly Amended on Dec. 21, 2007]

(1) Where an employee receives any of the following discriminatory treatment, etc. (hereinafter referred to as "discriminatory treatment, etc.") from an employer, the employee may file a request for the correction thereof to a labor relations commission established under Article 1 of the Labor Relations Commission Act (hereinafter referred to as "labor relations commission"): Provided, That the foregoing shall not apply where six months have passed from the date of receiving the discriminatory treatment, etc. (if the discriminatory treatment, etc. prescribed in subparagraphs 1 and 3 has been continuous, the date of termination thereof):

1. Acts violating any provision of Articles 7 through 11 (hereinafter referred to as "discriminatory treatment");

2. Unfavorable treatment in violation of Article 14 (6), dismissal in violation of Article 14-2 (2), or other disadvantageous measures.

3. Unfavorable treatment in violation of Article 14 (6), dismissal in violation of Article 14-2 (2), or other disadvantageous measures.

(2) An employee shall specifically state the details of discriminatory treatment, etc. when filing a request for correction under paragraph (1).

(3) Necessary matters concerning the procedures for and methods of filing a request for correction prescribed in paragraphs (1) and (2) shall be separately determined and publicly notified by the National Labor Relations Commission under Article 2 (1) of the Labor Relations Commission Act (hereinafter referred to as the "National Labor Relations Commission").

[This Article Newly Inserted on May 18, 2021]

(1) Where a labor relations commission determines, after completing an investigation and inquiry under Article 27, that discriminatory treatment, etc. has occurred, it shall issue a corrective order to the relevant employer; and where it determines that discriminatory treatment, etc. has not occurred, it shall make a decision to dismiss the request for correction.

(2) Any determination, corrective order, or decision of dismissal under paragraph (1) shall be made in writing and notified to the respective interested parties together with the detailed reasons therefor. In such cases, when issuing a corrective order, the details of such corrective order, compliance period, etc. shall be specifically stated.

[This Article Newly Inserted on May 18, 2021]