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SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON GENDER EQUALITY

SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON GENDER EQUALITY

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide general matters for Seoul Metropolitan Government policies formulated to promote gender equality by eliminating discrimination on the basis of gender, promoting the rights and interests of women and augmenting the social participation of women in all political, economic, social and cultural areas in accordance with the Framework Act on Gender Equality and other statutes or regulations pertaining to women. <Amended by Ordinance No. 6319, Sep. 29, 2016>

Article 1-2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 7044, Mar. 28, 2019>
1. The term "gender equality" means eliminating discrimination on the basis of gender and ensuring equal participation and treatment in all areas such as politics, economy, society and culture;
2. The term "sexual harassment" means any of the following acts in connection to duties, employment and other relations committed by any employee, employer or worker of a State agency, local government or public organization prescribed by Presidential Decree (hereinafter referred to as "State agency, etc."):
(a) Making a person feel sexual humiliation or aversion with verbal or a physical behavior of a sexual nature, sexual demand, etc. by using positions or in relation with duties, etc.;
(b) Expressing an intention to place a person at a disadvantage on the basis of not complying with any verbal or physical behavior of a sexual nature or other demands or to grant the person any benefit on the condition of complying therewith;
3. The term "gender mainstreaming" means achieving gender equality in overall city administration, taking into consideration gender difference and characteristics in legislation, policies, budget, systems and other areas.
[This Article Newly Inserted by Ordinance No. 6319, Sep. 29, 2016]

Article 2 (Responsibilities of the Seoul Government) The Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") shall implement necessary policies and prepare financial resources for promoting gender equality and fulfill its duties pursuant to the Framework Act on Gender Equality (hereinafter referred to as the "Act") and other statutes or regulations pertaining to women. <Amended by Ordinance No. 6319, Sep. 29, 2016>

Article 3 (Rights and Obligations of Citizens) (1) All citizens shall have the rights to receive gender-equal treatment in all political, economic, social and cultural areas.
(2) All citizens shall fully cooperate with the Seoul Government in formulating and implementing gender equality policies.

Article 4 (Relationship to Other Ordinances of the Seoul Government) Where other Ordinances concerning gender equality are enacted or amended, the purpose of this Ordinance shall be satisfied.


CHAPTER II ACTION PLANS AND SYSTEM FOR PROMOTION OF GENDER EQUALITY POLICIES Article 5 (Formulation of Action Plans for Gender Equality Policies) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall formulate and implement an annual action plan for gender equality policies (hereinafter referred to as "action plan") premised on the master plan for gender equality policies under Article 7 of the Act. <Amended by Ordinance No. 6319, Sep. 29, 2016>
(2) Each action plan shall contain the following matters: <Amended by Ordinance No. 6319, Sep. 29, 2016; Ordinance No. 7229, Jul. 18, 2019>
1. Basic direction-setting for and goals of gender equality policies;
2. Tasks and methods to promote gender equality policies;
3. Direction for securing and managing financial resources related to the promotion of gender equality policies;
4. Any of the following major matters with respect to gender equality policies:
(a) Enhancing economic capabilities of women;
(b) Establishing the foundation for care sharing and work-life balance;
(c) Eliminating the gender gap in politics and social participation;
(d) Disseminating a culture of gender equality;
(e) Eradicating violence against women and protecting the human rights of women;
(f) Providing support for family life that ensures equality and diversity;
(g) Strengthening the foundation for promoting gender mainstreaming policies;
(h) Other projects designed to promote gender equality policies.
(3) If necessary for establishing and implementing action plans, the Mayor may request cooperation from the heads of autonomous Gus, public institutions and other corporations or organizations.
(4) The heads of autonomous Gus, etc. upon receipt of a request for cooperation under paragraph (3) shall provide cooperation except in extenuating circumstances.
(5) The Mayor shall report to the Seoul Metropolitan Gender Equality Committee established pursuant to Article 6 on the yearly performance results of action plans.

Article 6 (Establishment and Functions of Gender Equality Committee) (1) The Seoul Metropolitan Gender Equality Committee (hereinafter referred to as the "Committee") shall be established to deliberate on and coordinate significant matters regarding gender equality policies.
(2) The Committee shall deliberate on and coordinate the following matters: <Amended by Ordinance No. 6319, Sep. 29, 2016; Ordinance No. 7218, Jul. 18, 2019>
1. Formulation of action plans for gender equality policies;
2. Inspection of the yearly performance results of action plans for gender equality policies;
3. Coordination of and cooperation on projects relating to gender equality policies;
4. Gender mainstreaming such as evaluation of gender equality policies and institutional improvement;
5. Gender responsive budgeting;
6. Establishment and operation of women-related facilities;
7. Other matters necessary for gender equality policies.

Article 7 (Composition) (1) The Committee shall be comprised of not more than 40 persons including two chairpersons and one vice chairperson.
(2) Each chairperson shall be elected by and among the Mayor and commissioned members and a public official at director-general level or above responsible for affairs on gender equality policies shall serve as the vice chairperson.
(3) Ex officio members shall consist of not more than seven public officials at director-general level or above responsible for planning, economic affairs, welfare, etc., and commissioned members shall be appointed by the Mayor from among persons with sufficient expertise and experience in gender equality policies.
(4) The Committee shall have one executive secretary to manage the affairs, who shall be a director responsible for gender equality policies.

Article 8 (Term of Office of Committee Members) The term of office of a commissioned member shall be two years and may be consecutively renewed only once: Provided, That the term of office of a member to fill a vacancy shall be the remainder of the term of office of the predecessor. <Amended by Ordinance No. 6386, Jan. 5, 2017>

Article 9 (Dismissal) The Mayor may dismiss a member of the Committee even during the term of office of such member in any of the following cases: <Amended by Ordinance No. 6386, Jan. 5, 2017>
1. Where the member is sentenced to imprisonment without labor or more severe punishment;
2. Where the member is found to have committed any misconduct, such as unfair solicitation or exercise of undue influence in connection with any duties;
3. Where the member fails to apply for refrainment notwithstanding Article 11 (6);
4. Where the member is unable to perform the duties due to death, overseas emigration, long-lasting mental or physical disorder, etc.;
5. Where the member fails to participate in activities of the Committee for a long period;
6. Where the member is deemed unfit to perform the duties on the basis of loss of dignity, etc.

Article 10 (Duties of Chairpersons) (1) Each chairperson shall represent the Committee and exercise comprehensive control over its affairs.
(2) The vice chairperson shall assist the chairpersons and act on their behalf when they are unable to perform any of the duties in extenuating circumstances.

Article 11 (Meetings) (1) Meetings of the Committee shall be classified into regular meetings and special meetings.
(2) Regular meetings shall be held four times each year and a special meeting shall be convened by a chairperson at the call of the chairperson or at least 1/3 of members on the register.
(3) Where a chairperson intends to convene a meeting, the chairperson shall give a written notice of the date and time, place and agenda items to each Committee member not later than seven days before the meeting is held: Provided, That the same shall not apply in urgent cases or extenuating circumstances.
(4) A majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of the members present.
(5) Where necessary to deliberate on agenda items, the chairperson may request relevant public officials, experts in the relevant field, etc. to attend a meeting to present opinions or to submit necessary materials.
(6) A member of the Committee shall be disqualified from deliberation on and coordination of agenda items in any of the following cases:
1. Where the member has an interest in the relevant agenda item;
2. Where the member belongs to the same institution as a person involved in the relevant agenda item;
3. Where the member has a familial relationship with a person involved in the relevant agenda item.
(7) Where a member of the Committee falls under paragraph (6), such member may voluntarily refrain from deliberation on and coordination of the relevant agenda item.

Article 12 (Subcommittees) (1) Subcommittees may be organized and operated to study and review affairs under the authority of the Committee for each field.
(2) Subcommittees under paragraph (1) shall consist of a gender mainstreaming subcommittee, a policy development subcommittee and a gender impact analysis and assessment subcommittee; and matters concerning the composition of each subcommittee shall be as follows:
1. A subcommittee shall be comprised of commissioned members excluding the chairpersons from among the members of the Committee;
2. The chairperson of a subcommittee (hereinafter referred to as "chairperson of a subcommittee") shall exercise comprehensive control over its affairs and shall be elected by and among the members of the relevant subcommittee (hereinafter referred to as "subcommittee members").
(3) Each subcommittee shall deliberate and decide on matters under its authority as follows: <Amended by Ordinance No. 6637, Sep. 21, 2017>
1. Gender mainstreaming subcommittee: Matters concerning the diagnosis and adjustment of gender mainstreaming policy tasks such as gender responsive budgets and gender responsive statistics;
2. Policy development subcommittee: Matters concerning proposals for and improvement of policies on women and families such as childcare, job, safety and work-family balance;
3. Gender impact analysis and assessment subcommittee: Matters concerning the enactment and amendment of Ordinances of the Seoul Government, policies, projects and gender impact analysis and assessment under Article 35-2 (1).
(4) The detailed operation of subcommittees shall be prescribed by rule of the Seoul Government.
[This Article Wholly Amended by Ordinance No. 6319, Sep. 29, 2016]


CHAPTER III GENDER EQUALITY PROMOTION POLICIES Article 13 (Assignment of Gender Advisor) (1) The Mayor shall appoint a gender advisor responsible for gender equality policies to enhance gender responsiveness and disseminate gender mainstreaming in comprehensive city administration.
(2) The scope of duties of a gender advisor shall be as follows:
1. Formulating plans to enhance gender responsiveness and developing gender equality policies;
2. Rendering advice and holding consultation in the process of formulating plans for major projects;
3. Evaluating and providing feedback on the results of implementing major projects and preparing a report thereon;
4. Providing gender responsive education for employees of a division that implements major projects;
5. Other matters requested by the Mayor as deemed necessary.
(3) A support organization may be established to manage affairs of gender advisors.
[This Article Newly Inserted by Ordinance No. 6637, Sep. 21, 2017]
[Previous Article 13 moved to Article 14 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 14 (Affirmative Actions) The Mayor, the heads of City-affiliated institutions (referring to City-affiliated administrative institutions under Articles 113 through 116 of the Local Autonomy Act and the Secretariat of the Seoul Metropolitan Council under Article 90 of the Local Autonomy Act; hereinafter referred to as "affiliated institutions") and City-invested institutions (referring to public enterprises established pursuant to the Local Public Enterprises Act in which the Seoul Government has invested at least 50% of capital) may take affirmative actions as prescribed by relevant statutes or regulations to facilitate participation of women in fields in which female participation is apparently lacking, thus accomplishing substantial gender equality.
[Moved from Article 13; previous Article 14 moved to Article 15 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 15 (Expansion of Participation in City Administration) (1) Where the Mayor and the heads of affiliated institutions establish and operate various committees, etc. to make policy decisions, they shall ensure that any particular gender does not exceed 6/10 of the number of commissioned members pursuant to the main sentence of Article 21 (2) of the Framework Act on Gender Equality; and the Committee may recommend for the percentage standards to be satisfied: Provided, That the same shall not apply where any inevitable ground, such as lack of professional workforce of a particular gender in the relevant field, is deemed to exist and thus the Working Committee on Gender Equality adopts a resolution thereon pursuant to the proviso to the same paragraph. <Amended by Ordinance No. 6851, Mar. 22, 2018>
(2) Where the Mayor and the heads of affiliated institutions fails to satisfy the percentage standards under paragraph (1), the reasons for such failure shall be reported to the Committee.
(3) The Mayor shall increase the participation of female public officials in meetings, councils, etc. comprised of and operated by competent public officials.
[Moved from Article 14; previous Article 15 moved to Article 16 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 16 (Promotion of Participation in Public Service) (1) The Mayor shall implement the employment quota system for gender equality pursuant to Article 51-2 of the Decree on the Appointment of Local Public Officials for the open competitive examination for appointment of public officials to provide both men and women with equal opportunities to participate in public service.
(2) Matters necessary for implementing the employment quota system for gender equality under paragraph (1) shall be separately determined by the Mayor.
(3) Where the Mayor publicly announces public official employment openings in a field in which the employment ratio for women is considerably low, the Mayor shall affirm that women are encouraged to apply for a relevant examination.
(4) The Mayor, the heads of affiliated institutions and City-invested institutions shall continually endeavor to ensure that more women are recruited and employed in their organizations.
(5) The Mayor shall conduct refresher training for female public officials and encourage them to take such training to enhance their ability.
(6) The Mayor, the heads of affiliated institutions and City-invested institutions shall ensure that more women can be promoted by providing employees under their authority with equal opportunities in position management, promotion, rewards, education, training, etc.
[Moved from Article 15; previous Article 16 moved to Article 17 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 17 (Promotion of Participation in Economic Activities) (1) The Mayor shall establish the following policies to facilitate participation of women in economic activities: <Amended by Ordinance No. 7044, Mar. 28, 2019>
1. Encouraging employment, business start-up and participation in enterprise activities of women and women resources development;
2. Achieving gender equality in overall employment, including recruitment of employees, hiring, education and training, promotion, retirement, career development, salaries, etc.;
3. Taking special protective measures for women in pregnancy, childbirth, or lactating, and preventing disadvantageous treatment on such grounds;
4. Preventing career interruption of women and promoting their reemployment pursuant to the Act on Promotion of Economic Activities of Career-Interrupted Women, Etc.;
5. Prohibiting unreasonable discrimination against fixed-term and part-time female workers and improving the employment environment.
(2) The Mayor and the heads of affiliated institutions shall facilitate the purchase of products produced by female-owned businesses pursuant to Articles 9 and 10 of the Act on Support for Female-Owned Businesses; and provide preferential treatment to such businesses where they subsidize such businesses.
[Moved from Article 16; previous Article 17 moved to Article 18 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 18 (Support for Work-Life Balance) The Mayor shall formulate the following policies to ensure that men and women can achieve balance between work and social lives: <Amended by Ordinance No. 7229, Jul. 18, 2019>
1. Ensuring the public nature of child care by increasing infant and young children care facilities and by strengthening various child care services;
2. Endeavoring to increase workplace child care facilities;
3. Revitalizing after-school child care;
4. Establishing a child care leave system and securing alternative human resources;
5. Encouraging male workers to take a child care leave;
6. Providing consultation and services on work-family balance;
7. Disseminating the family-friendly system under subparagraph 3 of Article 2 of the Act on the Promotion of Creation of Family-Friendly Social Environment;
8. Increasing and encouraging support for working mother support centers;
9. Other matters necessary to achieve work-family balance.
[Moved from Article 17; previous Article 18 moved to Article 19 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 19 (Equal Family Life) (1) The Mayor shall establish policies necessary for equal family life pursuant to Article 5 of the Framework Act on Healthy Families.
(2) The Mayor shall offer necessary assistance so that various types of families, such as single-parent family, family with a disabled person and multi-cultural family, can enjoy equality in life without any discrimination.
[Moved from Article 18; previous Article 19 moved to Article 20 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 19-2 (Gender Responsive Education) (1) The Mayor shall endeavor to provide public officials under his or her authority with education to increase their ability to recognize impacts of statutes or regulations, policies, customs, all types of systems, etc. on men and women in all areas of society (hereinafter referred to as "gender responsive education").
(2) The Mayor may entrust gender responsive education to a professional agency pursuant to Article 18 of the Act and Article 14 of the Enforcement Decree of the same Act.
[This Article Newly Inserted by Ordinance No. 6319, Sep. 29, 2016]
[Moved from Article 18-2 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 20 (Raising Awareness and Creating Culture of Gender Equality) (1) The Mayor shall implement and support relevant projects so that education on gender equality can be efficiently provided to families, schools, child care facilities, social education facilities and enterprises.
(2) The Mayor shall ensure that educational courses of at least two weeks include a topic on increasing gender equality awareness and shall organize and operate specialized educational courses designed to enhance the capability of female public officials at least semiannually.
(3) The head of each social education facility established by the Seoul Government shall organize and operate educational courses designed to raise the awareness of gender equality.
[Moved from Article 19; previous Article 20 moved to Article 21 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 21 (Prohibition of Gender Discrimination and Sexual Harassment) (1) The Mayor, the heads of affiliated institutions and City-invested institutions shall create an equal city administration culture by prohibiting and preventing gender discrimination and sexual harassment in documents, meetings, types of work, etc.
(2) The Mayor, the heads of affiliated institutions and City-invested institutions shall take measures, such as providing education at least annually, to prevent gender discrimination and sexual harassment cases.
(3) The Mayor shall operate a desk for receiving and handling gender discrimination and sexual harassment cases at work against public officials, etc. who are employed by the Seoul Government and affiliated institutions.
(4) The Mayor, the heads of affiliated institutions and City-invested institutions shall take appropriate measures for the relevant person(s) where a gender discrimination or sexual harassment case arises.
(5) The Mayor, the heads of affiliated institutions and City-invested institutions shall take measures to prevent discrimination against, dismissal of or other disadvantageous treatment of gender discrimination and sexual harassment victims.
[Moved from Article 20; previous Article 21 moved to Article 22 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 22 (Prevention of Domestic Violence, Sexual Violence, and Commercial Sex Acts) (1) The Mayor shall endeavor to establish necessary policies to prevent domestic violence, sexual violence and commercial sex acts and to protect victims thereof.
(2) The Mayor, the heads of affiliated institutions and City-invested institutions shall conduct preventive education to prevent domestic violence, sexual violence and commercial sex acts.
(3) The Mayor shall support education, job training, etc. for victims of domestic violence, sexual violence and commercial sex acts so that such persons can be self-reliant.
(4) The Mayor shall formulate necessary policies to educate and rehabilitate offenders or wrongdoers pursuant to relevant statutes.
[Moved from Article 21; previous Article 22 moved to Article 23 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 23 (Promotion of Women's Welfare) (1) The Mayor shall fully promote policies to satisfy the welfare demand of women following changes in the social structure.
(2) The Mayor shall increase necessary facilities to enhance equal social participation by and welfare of women in disadvantaged classes, such as the elderly, persons with disabilities, single parents, unmarried mothers, immigrants and North Korean refugees; and fully support education, job training and self-reliance of such disadvantaged women pursuant to the relevant statutes or regulations.
[Moved from Article 22; previous Article 23 moved to Article 24 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 24 (Creation of Gender-Equal Urban Spaces and Facilities) The Mayor shall formulate improvement plans by reflecting gender-equal viewpoints and evaluating the results thereof when creating and improving the following spaces, facilities, etc.:
1. Urban infrastructure, such as roads, transportation, parks, green zones and industrial complexes;
2. Various types of public facilities, including social welfare facilities;
3. Buildings, including residential complexes and houses.
[Moved from Article 23; previous Article 24 moved to Article 25 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 25 (Improvement of Women's Health) The Mayor shall take an equal approach for men and women with regard to health care services and shall establish and support policies for improving the mental and physical health care of women based on their life cycles.
[Moved from Article 24; previous Article 25 moved to Article 26 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 25-2 (Projects for Improving Women’s Health) (1) The Mayor may provide women of childbearing age with supplies necessary for health and sanitation to ensure sexual health and may have such supplies kept in public facilities to satisfy urgent need.
(2) Other matters necessary for the quantity and types of supplies to be provided under paragraph (1), the method of provision, etc. shall be separately determined by the Mayor.
[This Article Newly Inserted by Ordinance No. 6921, Oct. 4, 2018]

Article 26 (Provision of Information on Gender Equality) (1) The Mayor shall collect, accumulate and manage information on gender equality and provide the latest information to citizens.
(2) The Mayor shall publish the Seoul Women White Paper annually to inform citizens of the details of the Seoul Government's gender equality policies, the state of implementation thereof, etc.
[Moved from Article 25; previous Article 26 moved to Article 27 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 27 (Evaluation of Results of Implementation of Major Policies) (1) If necessary, the Mayor may evaluate and publish the results of implementation of major gender equality policies of autonomous Gus, affiliated institutions and City-invested or City-funded institutions (referring to invested- and funded- institutions under Article 2 of the Seoul Metropolitan Government Ordinance on Evaluation, etc. of Institutions Financed or Funded by the Seoul Metropolitan Government).
(2) The Mayor shall reflect the results under paragraph (1) in the evaluation on management of the City-invested or City-funded institutions.
[Moved from Article 26; previous Article 27 moved to Article 28 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 28 (Events for Gender Equality Week) (1) The Mayor may hold or support events to celebrate Gender Equality Week pursuant to Article 38 of the Act and Article 23 of the Enforcement Decree of the same Act. <Amended by Ordinance No. 6319, Sep. 29, 2016>
(2) The Mayor may hold or support events to commemorate International Women's Day.
[Moved from Article 27; previous Article 28 moved to Article 29 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 29 (Installation and Operation of Relevant Facilities) The Mayor shall establish and operate facilities designed to promote gender equality by eliminating discrimination on the basis of gender, enhancing the rights and interests of women and increasing their social participation; matters necessary therefor shall be separately prescribed by other Ordinances of the Seoul Government.
[Moved from Article 28; previous Article 29 moved to Article 30 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 30 (Cooperation with and Support for Civic Society) The Mayor may provide administrative assistance necessary for the establishment and activities of women's organizations, non-profit corporations or non-profit organizations located in Seoul Metropolitan City to promote gender equality by eliminating discrimination on the basis of gender, enhancing the rights and interests of women and increasing their social participation; and may partially subsidize such activities within the budget or within the limits of the Seoul Metropolitan Government Gender Equality Fund established pursuant to Article 39 (hereinafter referred to as the "Fund"). <Amended by Ordinance No. 6319, Sep. 29, 2016; Ordinance No. 6637, Sep. 21, 2017>
[Moved from Article 29; previous Article 30 moved to Article 31 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 31 (Support for Volunteer Services) The Mayor may actively conduct volunteer service projects that satisfy the purpose of this Ordinance and provide necessary support therefor.
[Moved from Article 30; previous Article 31 moved to Article 32 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 32 (Support for International Cooperation) The Mayor shall expand the participation of women in international bodies or international conferences and fully support the activities of women to strengthen international solidarity and cooperation aimed at promoting gender equality.
[Moved from Article 31; previous Article 32 moved to Article 33 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 33 (Citizens' Participation) (1) The Mayor shall operate a desk for receiving opinions on gender equality policies, review such opinions and reflect them in city administration.
(2) Awards may be granted within the budget to a person who has significantly contributed to the development of city administration among persons who have provided opinions under paragraph (1).
(3) The Mayor shall endeavor to equally reflect opinions of men and women in the process of formulating policies.
[Moved from Article 32; previous Article 33 moved to Article 34 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 34 (Commendations for Persons of Distinguished Service) The Mayor may award commendations to organizations, individuals and public officials under his or her authority who have contributed substantially to promoting gender equality by eliminating discrimination on the basis of gender, enhancing the rights and interests of women and expanding their social participation pursuant to the Seoul Metropolitan Government Ordinance on Commendations.
[Moved from Article 33; previous Article 34 moved to Article 35 <by Ordinance No. 6637, Sep. 21, 2017>]

CHAPTER IV IMPROVEMENT OF EFFECTIVENESS OF GENDER EQUALITY POLICIES Article 35 (Gender Impact Assessment) (1) The Mayor shall contribute to improving gender equality by analyzing and assessing in advance the possible impacts of policies on men and women, thereby eliminating gender discrimination factors in the process of formulating and implementing policies pursuant to Article 5 of the Gender Impact Assessment Act. <Amended by Ordinance No. 7218, Jul. 18, 2019>
(2) Matters regarding paragraph (1) shall be governed by the Seoul Metropolitan Government Ordinance on Gender Impact Assessment. <Amended by Ordinance No. 7218, Jul. 18, 2019>
(3) through (5) Deleted. <by Ordinance No. 7218, Jul. 18, 2019>
[Moved from Article 34; previous Article 35 moved to Article 36 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 35-2 Deleted. &#lt;by Ordinance No. 7218, Jul. 18, 2019&#gt;

Article 36 (Preparation of Gender-Responsive Budget and Settlement of Accounts) The Mayor shall analyze impacts of the budget on men and women and prepare a gender-responsive budget and gender-responsive settlement of accounts where such impacts are reflected in financial management pursuant to Articles 36-2 and 53-2 of the Local Finance Act.
[Moved from Article 35; previous Article 36 moved to Article 37 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 37 (Gender-Responsive Statistics) Where human resources statistics are compiled, such statistics shall be classified according to gender pursuant to Article 18 of the Statistics Act and gender-sensitive statistics designed to show and correct gender inequality phenomena shall be calculated and disseminated proactively.
[Moved from Article 36; previous Article 37 moved to Article 38 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 38 (Support for Improvement of Effectiveness of Gender Equality Policies) (1) The Mayor may grant subsidies to an entrusted or consulting agency, etc. necessary for implementing a system designed to improve the effectiveness of gender equality policies such as gender impact assessment, gender-responsive budget and gender-responsive statistics under Articles 35 through 37. <Amended by Ordinance No. 6637, Sep. 21, 2017; Ordinance No. 7218, Jul. 18, 2019>
(2) The gender impact assessment agency under Article 17 of the Gender Impact Assessment Act shall serve as the entrusted or consulting agency under paragraph (1). <Amended by Ordinance No. 7218, Jul. 18, 2019>
(3) The Mayor may evaluate the results of activities to improve the effectiveness of gender equality policies and publish such results to the citizens. <Amended by Ordinance No. 6386, Jan. 5, 2017>
[Moved from Article 37; previous Article 38 moved to Article 39 <by Ordinance No. 6637, Sep. 21, 2017>]

CHAPTER V GENDER EQUALITY FUND Article 39 (Establishment of Fund) (1) The Mayor shall establish the Fund to effectively implement polices designed to promote gender equality.
(2) The Fund under paragraph (1) shall be raised from any of the following financial resources:
1. Money transferred from the general account;
2. Earnings from the operation of the Fund;
3. Other earnings.
[Moved from Article 38; previous Article 39 moved to Article 40 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 39-2 (Duration of Fund) The duration of the Fund shall be until December 31, 2022: Provided, That if the need arises to retain the Fund after the end of the duration, the duration of the Fund may be extended by amending this Ordinance. <Amended by Ordinance No. 6637, Sep. 21, 2017>
[This Article Newly Inserted by Ordinance No. 5409, Dec. 31, 2012]
[Moved from Article 38-2 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 40 (Use of Fund) (1) The Fund shall be used for any of the following projects: <Amended by Ordinance No. 6637, Sep. 21, 2017>
1. Gender equality promotion projects, such as projects to eliminate discrimination on the basis of gender, enhance the rights and interests of women and expand their social participation;
2. Projects conducted by corporations or organizations under Article 30;
3. Establishment and operation of women-related facilities;
4. Other projects necessary to enforce this Ordinance.
(2) The Fund under paragraph (1) shall be used within the scope of transferred money and interest income; and surpluses upon the settlement of accounts may be accumulated to increase the Fund.
[Moved from Article 39; previous Article 40 moved to Article 41 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 41 (Management and Operation of Fund) (1) A Gender Equality Fund Management Council of the Seoul Metropolitan Government (hereinafter referred to as the "Fund Management Council") shall be established to deliberate on the following matters concerning the raising, management and operation of the Fund: <Amended by Ordinance No. 6319, Sep. 29, 2016>
1. Fund management plans;
2. Raising, accumulation, management and settlement of accounts of the Fund;
3. Selection of projects eligible for subsidization and the scope of subsidization;
4. Analysis of results of Fund management;
5. Other matters deemed necessary by the Mayor.
(2) The Fund Management Council shall be comprised of up to 12 members including the chairperson.
(3) The Chief Officer of Women and Family Policy Affairs shall be the chairperson; the vice chairperson shall be elected by and among members of the Council; and commissioned members shall be appointed by the Mayor from among the following persons:
1. A member of the standing committee on women's policies of the Seoul Metropolitan Council;
2. A member of the Council;
3. A person with sufficient expertise and experience in gender equality policies.
(4) The term of office of a commissioned member shall be two years and may be consecutively renewed only once: Provided, That the term of office of a member to fill a vacancy shall be the remainder of the term of office of the predecessor. <Amended by Ordinance No. 6386, Jan. 5, 2017>
(5) Article 11 (5) through (7) shall apply mutatis mutandis to the operation of the Fund Management Council. <Newly Inserted by Ordinance No. 5409, Dec. 31, 2012>
(6) Meetings of the Fund Management Council shall be classified by regular meetings and special meetings: A regular meeting shall be held semiannually for the formulation of Fund management plans and the settlement of accounts of the Fund and a special meeting shall be convened by the chairperson where deemed necessary. <Amended by Ordinance No. 5409, Dec. 31, 2012; Ordinance No. 6386, Jan. 5, 2017>
(7) Money of the Fund shall be deposited and managed in the treasury of the Seoul Government and may be deposited in the Seoul Metropolitan Government Fund on Treasury Investments and Loans. <Amended by Ordinance No. 5409, Dec. 31, 2012>
(8) The Mayor shall submit to the Seoul Metropolitan Council a Fund management plan, a report on the settlement of accounts and analysis results of management performance each fiscal year. <Amended by Ordinance No. 5409, Dec. 31, 2012>
[Moved from Article 40 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 41-2 (Application Mutatis Mutandis) The Seoul Metropolitan Government Ordinance on Finance Operation and the Seoul Metropolitan Government Ordinance on the Management of Local Subsidies shall apply to matters not provided in this Ordinance with regard to the management of the Fund. <Newly Inserted by Ordinance No. 5409, Dec. 31, 2012; Ordinance No. 5930, May 14, 2015; Ordinance No. 6319, Sep. 29, 2016>
[Moved from Article 40-2 <by Ordinance No. 6637, Sep. 21, 2017>]

CHAPTER VI ACCELERATION CENTER FOR GENDER EQUALITY OF SEOUL METROPOLITAN GOVERNMENT Article 42 (Establishment) The Mayor may establish an Acceleration Center for Gender Equality of the Seoul Metropolitan Government (hereinafter referred to as the "Center") to promote gender equality activities of citizens.
[This Article Newly Inserted by Ordinance No. 6637, Sep. 21, 2017]
[Previous Article 42 moved to Article 46 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 43 (Functions) The major functions of the Center shall be as follows:
1. Formulating and implementing business plans to support gender equality activities;
2. Providing gender equality and gender responsive education and operating capability enhancement programs for civil society activists;
3. Providing counseling on the establishment of women's civil society organizations and supporting the growth of such organizations;
4. Other matters the Mayor deems necessary for the promotion of gender equality activities.
[This Article Newly Inserted by Ordinance No. 6637, Sep. 21, 2017]
[Previous Article 43 moved to Article 47 <by Ordinance No. 6637, Sep. 21, 2017>]

Article 44 (Assistance with Operating Expenses and Settlement of Accounts) (1) The Mayor may fully or partially assist with expenses necessary for the operation of the Center and project expenses within the budget.
(2) The head of an entrusted organization upon receipt of financial support under paragraph (1) shall settle accounts of expenses, etc. assisted with and submit a report thereon to the Mayor.
[This Article Newly Inserted by Ordinance No. 6637, Sep. 21, 2017]

CHAPTER VII SEOUL METROPOLITAN WORKING MOTHER SUPPORT CENTERS Article 45 (Establishment and Functions) (1) The Mayor may, pursuant to subparagraph 8 of Article 18, establish a Seoul Metropolitan working mother support center (hereinafter referred to as “working mother support center”) to protect the labor rights and maternity rights of women, prevent interruption of their careers and assist in the achievement of work-life balance.
(2)&nbsp;&nbsp;A working mother support center shall perform the following functions:
&nbsp;&nbsp; 1. Providing counseling, education and publicity services concerning the protection of working mothers’ maternity rights;
&nbsp;&nbsp; 2. Promoting equal opportunity for working women in employment;
&nbsp;&nbsp; 3. Promoting work-life balance and creating a family-friendly social culture;
&nbsp;&nbsp; 4. Providing child-care support for working parents;
&nbsp;&nbsp; 5. Other matters deemed necessary by the Mayor.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]
[Previous Article 45 moved to Article 57 <by Ordinance No. 7229, Jul. 18, 2019>]

Article 46 (Support for Working Mother Support Centers) The Mayor may provide administrative support necessary for the organization and activities of working mother support centers and assist with the expenses and project costs necessary for the establishment and operation of the working mother support centers within the budget.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]
[Previous Article 46 moved to Article 58 <by Ordinance No. 7229, Jul. 18, 2019>]

Article 47 (Instruction and Inspection) If necessary for the operation of working mother support centers, the Mayor may instruct and inspect entrusted agencies pursuant to Article 16 of the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]
[Previous Article 47 moved to Article 59 <by Ordinance No. 7229, Jul. 18, 2019>]

CHAPTER VIII COMPREHENSIVE PLAN FOR GENDER EQUALITY LABOR POLICIES AND SYSTEM FOR IMPLEMENTATION THEREOF Article 48 (Formulation of Comprehensive Plan for Gender Equality Labor Policies) (1) The Mayor shall formulate and implement a comprehensive plan for gender equality labor policies to prevent and reduce the gender pay gap.
(2) A comprehensive plan for gender equality labor policies shall include the following:
&nbsp;&nbsp;1. Basic direction-setting for and goals of gender equality labor policies;
&nbsp;&nbsp;2. Tasks and methods for implementing gender equality labor policies;
&nbsp;&nbsp;3. The securing of financial resources required for implementing gender equality labor policies and the direction of operation thereof;
&nbsp;&nbsp;4. Significant matters concerning gender equality labor policies as follows:
&nbsp;&nbsp;&nbsp; (a) The prevention and reduction of the gender pay gap;
&nbsp;&nbsp; (b) The investigation, research and education concerning the current status of gender equality at work;
&nbsp;&nbsp;&nbsp; (c) The prevention and elimination of gender discrimination in employment;
&nbsp;&nbsp;&nbsp; (d) Other projects for creating a working environment that promotes gender equality.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

Article 49 (Establishment and Functions of Committee on Elimination of Gender Pay Gap) (1) A Seoul Metropolitan Committee on the Elimination of Gender Pay Gap (hereinafter referred to as the “Gap Elimination Committee”) shall be established to deliberate on and coordinate significant matters related to gender equality labor policies.
&nbsp;&nbsp;(2) The Gap Elimination Committee shall deliberate on and coordinate the following matters:
&nbsp;&nbsp;1. Matters concerning the formulation of a comprehensive plan for gender equality labor policies;
&nbsp;&nbsp;2. Matters concerning the investigation into the gender pay gap, the improvement of awareness and the measures for such improvement;
&nbsp;&nbsp;3. Matters concerning the reflection of evaluation indicators in the Seoul Metropolitan Government, its affiliated institutions and entrusted private institutions; and the promotion of elimination of the gender pay gap;
&nbsp;&nbsp;4. Matters concerning the elimination of the gender pay gap of private enterprises;
&nbsp;&nbsp;5. Other matters necessary for gender equality labor policies.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

Article 50 (Organization of Gap Elimination Committee) (1) The Gap Elimination Committee shall be comprised of not more than 20 members including two chairpersons and one vice chairperson.
&nbsp;(2) The chairpersons shall be elected by and among the Mayor and commissioned members and a public official at director-general level or above responsible for gender equality labor policies shall serve as the vice chairperson.
&nbsp;(3) Ex officio members shall consist of not more than five public officials at director-general level or above responsible for women and labor affairs; and commissioned members shall be appointed by the Mayor from among persons with sufficient expertise and experience in gender equality labor policies.
&nbsp;(4) The Committee shall have one executive secretary to manage its general affairs, who shall be a director responsible for gender equality labor policies.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

Article 51 (Terms of Office of Gap Elimination Committee Members) The term of office of a commissioned member shall be two years and such member may be recommissioned only once: Provided, That the term of office of a member to fill a vacancy shall be the remainder of the term of office of the predecessor.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

Article 52 (Dismissal of Gap Elimination Committee Members) The Mayor may dismiss a member even during the term of office of such member in any of the following cases:
&nbsp;&nbsp; 1. Where the member is sentenced to imprisonment without labor or a more severe punishment;
&nbsp;&nbsp; 2. Where the member is found to have committed any misconduct, such as unfair solicitation or exercise of undue influence in relation to the duties;
&nbsp;&nbsp; 3. Where the member fails to file an application for refrainment although such member is subject to Article 54 (6);
&nbsp;&nbsp; 4. Where the member is unable to perform the duties due to death, emigration, a long-lasting mental or physical disorder, etc.;
&nbsp;&nbsp; 5. Where the member does not attend the Committee for an extended period of time;
&nbsp;&nbsp; 6. Where the member is deemed unfit to perform the duties on the grounds of loss of dignity, etc.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

Article 53 (Duties of Chairpersons of Gap Elimination Committee) (1) Each chairperson shall represent the Committee and exercise comprehensive control over its affairs.
(2) The vice chairperson shall assist the chairpersons and act on their behalf if they are unable to perform the duties for any unavoidable reason.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

Article 54 (Meetings of Gap Elimination Committee) (1) The meetings of the Gap Elimination Committee shall be classified by regular and special meetings.
(2) Regular meetings shall be held four times a year and a special meeting shall be convened by a chairperson at the call of the chairperson or at least 1/3 of members on the register.
(3) When a chairperson intends to convene a meeting, a written notice shall be provided to each of the Committee members of the date and time, place and agenda items of the meeting not later than seven days before the meeting is held: Provided, That this shall not apply in case of emergency or other unavoidable circumstances.
(4) A majority of the members of the Gap Elimination Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of the members present.
(5) Where necessary to deliberate on an agenda item, the Mayor may request a relevant public official or an expert in a related field to attend a meeting of the Committee to present opinions or to submit necessary materials.
(6) A member of the Committee shall be disqualified from deliberation on and coordination of agenda items in any of the following cases:
1. Where the member has an interest in the relevant agenda item;
2. Where the member belongs to the same institution as a person involved in the relevant agenda item;
3. Where the member has a familial relationship with a person involved in the relevant agenda item.
(7) Where a member of the Committee falls under paragraph (6), such member may voluntarily refrain from deliberation on and coordination of the relevant agenda item.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

Article 55 (Subcommittees of Gap Elimination Committee) (1) Subcommittees may be organized and operated to study and review affairs under the authority of the Gap Elimination Committee for each field.
(2) Matters concerning the composition of subcommittees under paragraph (1) are as follows:
1. A subcommittee shall be comprised of commissioned members excluding the chairpersons from among the members of the Gap Elimination Committee;
2. The chairperson of a subcommittee shall exercise comprehensive control over its affairs and shall be elected by and among the members of the relevant subcommittee.
(3) Each subcommittee shall deliberate and decide on matters under its authority.
(4) The detailed operation of subcommittees shall be prescribed by rule of the Seoul Government.
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

Article 56 (Discrimination Investigators) (1) The Mayor may appoint a discrimination investigator (hereinafter referred to as “investigator”) to create a employment and working environment that promotes gender equality.
(2) Not more than three investigators shall be appointed as public officials in fixed-term positions from among the following persons:
&nbsp;&nbsp;1. A person who has served in a related field as an attorney-at-law or certified public labor attorney;
&nbsp;&nbsp;2. A person who has experience in women policies or labor-related activities in a corporation or organization, such as a labor-related international organization, the State, a local government, a public institution, a research institute or the labor department or trade union of a private enterprise.
(3) An investigator may investigate whether any of the following entities violates any of the labor-related laws and gender equality-related laws, such as the Labor Standards Act and the Equal Employment Opportunity and Work-Family Balance Assistance Act; and may recommend the violator to take corrective measures:
&nbsp;&nbsp;1. The Seoul Government and its affiliated administrative agencies;
&nbsp;&nbsp;2. Autonomous Gus (only in relation to the affairs delegated by the Seoul Government and the matters as to which the head of an autonomous Gu in Seoul requests an investigation under an Ordinance of the relevant autonomous Gu);
&nbsp;&nbsp;3. City-affiliated public corporations and City-invested or City-funded institutions;
&nbsp;&nbsp;4. Institutions to which affairs of the Seoul Government are entrusted.
(4) An investigator shall strictly adhere to confidentiality for information obtained in the performance of duties. The same shall also apply where such investigator has vacated the office as an investigator.
(5) The head of an entity subject to investigation shall fully cooperate in the investigation under paragraph (3).
[This Article Newly Inserted by Ordinance No. 7229, Jul. 18, 2019]

CHAPTER IX SUPPLEMENTARY PROVISIONS Article 57 (Entrustment of Affairs) (1) The Mayor may entrust some of the affairs under his or her authority prescribed by this Ordinance to a corporation, organization or individual to administer such affairs.
(2) The Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector shall apply mutatis mutandis to other matters not precribed by this Ordinance with regard to entrustment to the private sector.
[This Article Newly Inserted by Ordinance No. 6637, Sep. 21, 2017]
[Moved from Article 45 <by Ordinance No. 7229, Jul. 18, 2019>]

Article 58 (Prior Consultation) Where the heads of affiliated institutions and City-invested institutions establish policies having a significant impact on the promotion of gender equality, such as eliminating discrimination on the basis of gender, enhancing the rights and interests of women and expanding their social participation, prior consultations shall be undertaken with departments relating to policies for women and such departments shall be notified of the outcomes of the implementation of such policies.
[Moved from Article 46 <by Ordinance No. 7229, Jul. 18, 2019>]

Article 59 (Enforcement Rules) Except as provided in this Ordinance, necessary matters shall be prescribed by rule of the Seoul Government.
[Moved from Article 47 <by Ordinance No. 7229, Jul. 18, 2019>]