Article 31(Preventive measures such as education for prevention of sexual harassment) #
(1) The heads of State agencies, etc. and employers shall conduct education for those affiliated with the relevant State agencies, etc. and workplaces, etc. for the prevention of sexual harassment, prepare their own guidelines for prevention, formulate and implement measures to prevent the reoccurrence of sexual harassment, if any, or take other necessary measures, as prescribed by Presidential Decree, and the heads of State agencies, etc. shall submit the results of the measures to the Minister of Gender Equality and Family and the head of the competent authorities. <Amended on Dec. 18, 2018; Apr. 20, 2021>
(2) The Minister of Gender Equality and Family shall conduct an annual inspection of measures taken by State agencies, etc., for the prevention of sexual harassment under paragraph (1), as prescribed by Presidential Decree.
(3) For the State agencies, etc., whose measures for the prevention of sexual harassment are deemed to be insufficient as the result of an inspection conducted under paragraph (2), the Minister of Gender Equality and Family shall take necessary measures such as special education for managers thereof, as prescribed by Presidential Decree, and the heads of State agencies, etc., whose measures for the prevention of sexual harassment are deemed insufficient, shall submit a plan to improve measures for the prevention of sexual harassment under paragraph (2) to the Minister of Gender Equality and Family, as prescribed by Presidential Decree. . <Amended on Dec. 18, 2018>
(4) The Minister of Gender Equality and Family shall publish the following matters through the media, etc. as prescribed by Presidential Decree, with respect to the results of inspections of sexual harassment prevention measures taken by State agencies, etc. under paragraph (2); provided, this shall not apply where such publication is restricted by other statutes: <Amended on Apr. 20, 2021>
1. Formulation of an annual plan for sexual harassment prevention education;
2. The participation rate in education programs among persons affiliated with the relevant State agencies, etc., and the participation of the heads of such agencies (including a list of heads of State agencies or local governments who did not participate);
3. Methods of conducting sexual harassment prevention education;
4. Establishment of sexual harassment prevention guidelines and measures to prevent recurrence in the event of a sexual harassment;
5. Other matters prescribed by Presidential Decree.
(5) Where any of the following facts is verified by the National Human Rights Commission of Korea or an institution prescribed by Presidential Decree, the Minister of Gender Equality and Family may request the head of a State agency, etc., to which the relevant person belongs to take disciplinary action:
1. Concealment of a sexual harassment case by a State agency, etc.;
2. Occurrence of any additional damage to the right to learn, right to work, etc., of a victim in the course of grievance settlement, provision of aids or similar by a State agency, etc., in connection with sexual harassment.
(6) The Minister of Gender Equality and Family may request the head of the relevant agency or organization to reflect the results of an inspection of measures for the prevention of sexual harassment taken by State agencies, etc., under paragraph (2) and the facts confirmed under paragraph (5) in the following evaluations: <Amended on Jun. 22, 2015>
1. Self-evaluation of central administrative agencies or local governments under Articles 14 (1) and 18 (1) of the Framework Act on Public Service Evaluation;
2. Evaluation of management performance of public corporations or quasi-governmental institutions under Article 48 (1) of the Act on the Management of Public Institutions;
3. Evaluation of management of local public enterprises under Article 78 (1) of the Local Public Enterprises Act;
4. Assessment of schools under Article 9 (2) of the Elementary and Secondary Education Act;
5. Evaluation of schools under Article 11-2 (1) of the Higher Education Act.
(7) Matters necessary for the measures for prevention of sexual harassment under paragraph (1), such as the details and methods of education for prevention of sexual harassment, the standards for State agencies, etc. whose measures for the prevention of sexual harassment are deemed insufficient under paragraph (3), and the methods, procedures, etc. for requesting disciplinary action, etc. under paragraph (5) shall be prescribed by Presidential Decree. <Amended on Dec. 18, 2018>