Title:
Gender Equality in Employment Act ( 2023.08.16 Modified )

  Chapter Ⅴ Complaint Procedures and Remedies

Article 26
When employees or applicants are damaged by the employment practices referred to in Articles 7 to 11 or Article 21 of the Act, the employers shall be liable for any damage arising therefrom.
Article 27
When employees or applicants suffer financial or non-financial damages as a result of sexual harassment, the employer and the harasser shall be jointly and severally liable for damage. However, the employer shall not be liable for damages if they can demonstrate full compliance with the provisions of the Act, implementation of all required preventive measures, and diligent efforts to prevent the occurrence of such damages.
If compensations cannot be obtained by the injured parties pursuant to the stipulations of the preceding paragraph, the court may, on their application, take into consideration the financial conditions of the employers and the injured parties and order the employers to pay for a portion of or for the entire damage.
The employers who have made compensations can seek claims against the harassers.
When a victim is involved in a legal proceeding as a result of the sexual harassment and is summoned by the judicial authority to appear in court, the employer shall grant them an official leave of absence.
In cases where the harasser is found liable for damages subject to Paragraph 1 as a result of abuse of power sexual harassment, the court may, upon the victim's request, impose punitive damages ranging from one to three times the amount of actual damages, depending on the severity of the infringement.
In cases where the actor in the preceding Paragraph is the highest-ranking official or the employer, the victim may request punitive damages ranging from three to five times the actual damages.
Article 28
When employees or applicants are damaged because employers contravene the obligations referred to in Paragraph 2 of Article 13 of the Act, the employers shall be liable for any damage arising therefrom.
Article 29
In the circumstances referred to in the preceding three articles, employees or applicants may claim reasonable amounts of compensation even for such damage that are not pecuniary losses. If their reputations have been damaged, the injured parties may also claim the taking of proper measures for the restoration of reputations.
Article 30
The statues of limitation for damage arising from wrongful acts referred to in Articles 26 to 28 of the Act shall be two years running from the claimants’ knowledge of both the damage and the obligees liable for compensation. The statues of limitation shall be ten years since the harassing conduct or other wrongful acts were committed.
Article 31
After employees or applicants make prima facie statements of the discriminatory treatment, the employers shall shoulder the burden to prove the non-sexual or non-sexual-orientation factor of the discriminatory treatment, or the specific sexual factor necessary for the employees or the applicants to perform the job.
Article 32
Employers may establish grievance procedures to conciliate and handle the complaint filed by employees.
Article 32-1
Employees or job applicants who experience sexual harassment shall file a complaint with their employer. However, they may directly file a complaint with the local competent authority in the following situations:
1. The accused party is the highest-ranking official or the employer.
2. The employer has not addressed the complaint or the complainant is dissatisfied with the results of the investigation or disciplinary actions taken by the accused person's employer.
The statute of limitation for employees or job applicants to file a complaint with the local competent authority according to the preceding Paragraph shall be as follows:
1. When the accused party does not hold a position of authority: If the complaint is filed more than two years after becoming aware of the sexual harassment or more than five years after the harassment occurred, it shall not be accepted.
2. When the accused party holds a position of authority: If the complaint is filed more than three years after becoming aware of the sexual harassment or more than seven years after the harassment occurred, it shall not be accepted.
There are exceptions to the above statute of limitation in accordance with the respective provisions listed below. But if the preceding Paragraph stipulates a longer complaint period, it shall apply:
1. When the victim was a minor at the time of the sexual harassment, they may file a complaint within three years from the date of reaching legal adulthood.
2. When the accused party is the highest-ranking official or the employer, the victim may file a complaint within one year from the date of leaving their job. However, if more than ten years have passed since the harassment occurred, the complaint shall not be accepted.
After filing a complaint with the local competent authority in accordance with Paragraph 1, the complainant may withdraw the complaint before a decision is made. After withdrawing the complaint, they may not file a complaint on the same matter again.
Article 32-2
The local competent authority, in the course of investigating sexual harassment complaints filed under Paragraph 1 of the preceding Article, may seek assistance from professionals or organizations, and when necessary, request the assistance of the police.
When the local competent authority conducts an investigation in accordance with the Act, the accused party, complainant, and individuals or entities invited to assist in the investigation shall cooperate with the investigation and provide relevant information. They shall not evade, obstruct, or refuse to cooperate.
In cases where the local competent authority accepts complaints in accordance with Subparagraph 2 of Paragraph 1 of the preceding Article, and determines that sexual harassment has occurred or that the original disciplinary result was improper, it may require the accused person's employer to take necessary actions within a specified period.
The central competent authority shall establish the scope, processing procedures, investigation methods, necessary actions, and other related matters regarding the acceptance of workplace sexual harassment complaints by the local competent authority, in accordance with the preceding three Paragraphs and Article 32-1.
When the person accused of sexual harassment is the highest-ranking official or the employer, during the investigation by the local competent authority, the complainant may apply to the employer for an adjustment of job duties or work arrangements til thirty days after the investigation results are delivered to the employer. The employer shall not refuse the request.
Article 32-3
Public servants, educators, or military personnel who experience sexual harassment, and when the highest-ranking official as defined in Subparagraph 1 of Paragraph 8 of Article 12 is the actor, shall file a complaint with their superior authority, the competent authority of their affiliated institution, or the supervisory authority.
When the highest-ranking official or managers of the entity referred to in Subparagraph 1 of Paragraph 8 of Article 12, public schools, various levels of military organizations, units, administrative agencies, and state-owned enterprise organizations at all levels are involved in sexual harassment cases, and the circumstances are serious, during the investigation period, if there is a necessity to temporarily suspend or reassign their duties, it may be done by their superior authority, their respective competent authority, or supervisory authority, or by the service organization, public schools, various levels of military organizations, units, administrative legal persons, or state-owned enterprise organizations to which they belong. However, if there are other laws, those laws shall apply.
In cases where the principal of a private school or other level of supervisors is involved in sexual harassment cases, and the circumstances are serious, during the investigation period, if there is a necessity to temporarily suspend or reassign their duties, it may be done by the school's competent authority or the service school.
Individuals whose duties have been temporarily suspended or reassigned in accordance with the preceding two Paragraphs, and whose investigation results do not confirm sexual harassment or who have been determined to have committed sexual harassment but have not been suspended, dismissed, terminated, suspended from work, or not renewed in accordance with relevant laws for public servants, education personnel, or other relevant personnel, may apply for reinstatement in accordance with the regulations of the respective laws and shall receive the corresponding salary, seniority-based salary, or equivalent remuneration for the period of suspension.
For government political leaders and military personnel, the suspension of duties shall be decided by the higher-level authority or the authority with appointment and removal powers.
Article 33
When employees find out that employer contravene the stipulations of Articles 14 to 20 of the Act, they may file complaints to the local competent authorities.
When they file complaints to the Central Competent Authority, the Authority shall refer the complaints to the local competent authorities after it receives the complaint or within seven days after the date it has found out the above-mentioned contraventions.
Within seven days after the local competent authorities have received the complaints, they shall proceed to investigate and may mediate the matters for the both parties in accordance with their competences and authorities.
The measures for handling the complaints referred to in the preceding paragraph shall be prescribed by the local competent authorities.
Article 34
When an employee or job applicant discovers that the employer has violated the provisions of Articles 7 to 11, Paragraph 2 of Article 13, Article 21, or Article 36, they may file a complaint with the local competent authority.
In the case of complaints filed under the preceding Paragraph, the local competent authority shall review them through the Gender Equality in Employment Committee. If the employer, employee, or job applicant disagrees with the disposition made by the local competent authority after the review, they may apply for a review or appeal directly to the central competent authority's Gender Equality in Employment Committee within ten days. If they are dissatisfied with the decision of the central competent authority's Gender Equality in Employment Committee, they may proceed to file an administrative lawsuit.
For complaints filed under Subparagraph 1 of Article 32-1, after conducting an investigation in accordance with the provisions of Subparagraphs 1 and 2 of Article 32-2, the local competent authority may, except for cases of significant circumstances or special cases disclosed by media reports, make dispositions without going through the review process of the Gender Equality in Employment Committee. If there are objections, an appeal may be filed, and administrative litigation may be conducted.
The procedures for handling the review and disposition of complaints under Paragraphs 1 and 2 shall be determined by the central competent authority.
Article 35
The court and competent authorities shall take into account the investigation reports, deliberations, or dispositions made by the Gender Equality in Employment Committee when determining the facts of discriminations.
Article 36
Employers may not terminate, transfer or take any disciplinary action that is adverse to employees who personally file complaints or assist other persons to file complaints pursuant to the Act.
Article 37
When an employee or job applicant files a complaint with the competent authority or files a lawsuit due to the employer's violation of the provisions of the Act or experiences sexual harassment, the competent authority shall provide necessary legal advice or assistance; such advisory or assistance services may be entrusted to private organizations.
The measures for providing legal aid referred to in the preceding paragraph shall be prescribed by the Central Competent Authority.
The central competent authority may provide subsidies to the competent authorities at the local level for the provision of legal advice or assistance under Paragraph 1, taking into consideration their actual financial condition.
When employees or applicants file lawsuits referred to in the preceding paragraph and apply for precautionary proceedings, the courts may reduce or exempt the amounts for surety.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations