Article 1(Purpose) #
The purpose of this Act is to seek actual gender equality in the economic realm by actively supporting the activities of female-owned businesses and women's establishment of business and to contribute to the development of the national economy by facilitating women's economic activities and elevating the status of businesswomen.
[This Article Wholly Amended on Dec. 30, 2009]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Jan. 27, 2016>
1. The term "female-owned business" means a business owned and managed by a woman, which meets the criteria determined by Presidential Decree;
2. The term "businesswoman" means a female executive officer of a company who participates in making final decisions of the relevant company;
3. The term "public institution" means a public institution under subparagraph 2 of Article 2 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets.
[This Article Wholly Amended on Dec. 30, 2009]
Article 3(Responsibilities of the State and local governments) #
The State and local governments shall, in order to facilitate women's establishment of business and business activities of female-owned businesses, endeavor to guarantee equality in business opportunities and comprehensive support in the fields of financing, manpower, information, technology, market development, etc.
[This Article Wholly Amended on Dec. 30, 2009]
Article 4(Correction of discriminatory practices) #
(1) The Minister of SMEs and Startups may, when a public institution or an institution or organization related to small and medium enterprises (hereinafter referred to as "public institution, etc.") implements an irrational and discriminatory practice or system against female-owned businesses, request such public institution, etc. to correct the same. <Amended on Jul. 26, 2017; Apr. 23, 2019>
(2) Upon receipt of a request for correction under paragraph (1), the public institution, etc. shall notify the Minister of SMEs and Startups of an implementation plan for complying with the requests for correction, within 90 days from the receipt of such request. Provided, That where it is impracticable to comply with the requests for correction, it shall notify the Minister of SMEs and Startups of the reason therefor. <Amended on Apr. 23, 2019>
(3) The public institution, etc. which has notified the implementation plan under paragraph (2) shall comply with the requests for correction according to the implementation plan, and notify the Minister of SMEs and Startups of the result of implementation within 90 days from the date of completion of compliance. <Added on Apr. 23, 2019>
(4) Where the Minister of SMEs and Startups deems it necessary, he or she may make public the request for correction under paragraph (1), the details of the notification under paragraph (2), and the result of implementation under paragraph (3). <Added on Apr. 23, 2019>
[This Article Wholly Amended on Dec. 30, 2009]
Article 5(Master Plans for facilitating activities of female-owned businesses) #
(1) The Minister of SMEs and Startups shall formulate a master plan to facilitate the activities of female-owned businesses (hereinafter referred to as "master plan") every five years as prescribed by Presidential Decree. <Amended on Jul. 26, 2017; Feb. 11, 2020>
(2) The master plan shall include the following: <Amended on Oct. 20, 2020>
1. Basic goals for facilitating the activities of female-owned businesses and the direction of the promotion thereof;
2. Matters to support women in establishing business;
3. Matters concerning support to female-owned businesses in terms of financing, information, technology, manpower, market development, etc.;
4. Matters concerning the ratio of female members in the case of organizing an evaluation committee for small and medium enterprise support programs;
5. Matters necessary to facilitate the activities of female-owned businesses and businesswomen, other than those described in subparagraphs 1 through 4.
(3) Every year, the Minister of SMEs and Startups shall formulate and execute an action plan related to facilitating the activities of female-owned businesses for each year (hereinafter referred to as an "action plan") in line with the master plan. <Added on Feb. 11, 2020>
(4) The Minister of SMEs and Startups may, when deemed necessary for formulating a master plan and an action plan, request relevant administrative agencies, and institutions or organizations related to support for female-owned businesses to submit necessary materials, opinions, etc. In such cases, the relevant administrative agencies and institutions or organizations related to support for female-owned businesses that have received such request shall comply therewith, unless there is a compelling reason not to do so. <Amended on Jul. 26, 2017; Feb. 11, 2020>
(5) Other matters necessary for the formulation and implementation of a master plan and of an action plan shall be prescribed by Presidential Decree. <Added on Feb. 11, 2020>
[This Article Wholly Amended on Dec. 30, 2009]
Article 6 #
Deleted. <Oct. 31, 2023>
Article 7(Fact-finding surveys and compilation of statistics) #
(1) The Minister of SMEs and Startups shall, in order to ascertain the current status and actual conditions of activities of female-owned businesses, conduct a fact-finding survey every year and publish the results thereof. <Amended on Jul. 26, 2017; Apr. 20, 2021>
(2) The Minister of SMEs and Startups shall compile and maintain statistics on female-owned businesses, taking into account the results of the fact-finding surveys and relevant data under paragraph (1). <Added on Apr. 20, 2021>
(3) Public institutions, female-owned businesses, or women's associations may receive a request to submit materials, statements of opinions, etc. when necessary to conduct the fact-finding survey under paragraph (1), and the public institutions, female-owned businesses or women's associations so requested shall cooperate therewith.
(4) The Minister of SMEs and Startups may entrust the fact-finding survey under paragraph (1) to the Korean Women Entrepreneurs Association under Article 13 or to small and medium enterprise-related institutions or organizations. <Amended on Jul. 26, 2017; Apr. 20, 2021>
(5) Necessary matters regarding the fact-finding survey under paragraph (1) and the details of statistics to be compiled and maintained, procedures, etc. for compiling and maintaining statistics under paragraph (2) shall be prescribed by Presidential Decree. <Added on Apr. 20, 2021>
[This Article Wholly Amended on Dec. 30, 2009]
[Title Amended on Apr. 30, 2021]
Article 8(Special cases of support for women in establishing businesses) #
(1) The Minister of SMEs and Startups shall include a plan for facilitating women's establishment of businesses in the comprehensive plan to support business startup under Article 7 (1) of the Support for Small and Medium Enterprise Establishment Act. <Amended on Jul. 26, 2017; Dec. 28, 2021>
(2) When supporting startups, etc. and persons engaged in a business related to support for business start-up under Article 35 (1) of the Support for Small and Medium Enterprise Establishment Act, the Government may give preferential treatment to female entrepreneurs and business entities related to support for business start-up with outstanding performance in the support for female entrepreneurs. <Amended on Dec. 28, 2021>
(3) The Minister of SMEs and Startups may, when designating the proprietor of a start-up business support center under Article 53 (1) of the Support for Small and Medium Enterprise Establishment Act, preferentially designate the proprietor of a start-up business support center for women in order to facilitate women establishing businesses. <Amended on Jul. 26, 2017; Dec. 28, 2021>
[This Article Wholly Amended on Dec. 30, 2009]
Article 9(Preferential purchase by public institutions) #
(1) The heads of public institutions shall facilitate the purchase of products, services, or construction projects that female-owned businesses (limited to small and medium businesses prescribed in Article 2 of the Framework Act on Small and Medium Enterprises; hereafter in this Article, the same shall apply) manufacture, provide, or perform (hereafter in this Article, referred to as "female-owned business-manufactured products"). <Amended on Jun. 12, 2018>
(2) Purchase plans formulated by the heads of public institutions pursuant to Article 5 (1) of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets shall include sectionalized plans for purchasing female-owned business-manufactured products.
(3) Plans for purchasing female-owned business-manufactured products in paragraph (2) shall include a goal for purchasing products with at least the percentage determined by Presidential Decree of such products; and the heads of public institutions shall implement the relevant purchase plan. <Amended on Jul. 30, 2013>
(4) With respect to matters deemed to be improved as a result of checking purchase plans in paragraph (3), the Minister of SMEs and Startups may advise the head of the relevant public institution to make improvements thereto. In such cases, the head of the relevant public institution shall reflect them in purchase plans, except in extenuating circumstances. <Amended on Jul. 26, 2017>
(5) Article 5 (4) of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets shall apply mutatis mutandis to matters necessary for notification of purchase plans and records in paragraphs (2) through (4). <Amended on Jan. 27, 2016>
[This Article Wholly Amended on Dec. 30, 2009]
Article 10(Preferential treatment in financial support) #
(1) The State and local governments shall, when providing funds to companies, give preferential treatment to female-owned businesses in order to facilitate the activities and establishment of female-owned businesses. <Amended on Jan. 27, 2016>
(2) The Government may request the Korea Credit Guarantee Fund prescribed in the Credit Guarantee Fund Act, the Korea Technology Finance Corporation prescribed in the Korea Technology Finance Corporation Act, and the credit guarantee foundations established under Article 9 of the Regional Credit Guarantee Foundation Act to establish and operate guarantee systems for female-owned businesses. <Added on Jan. 27, 2016; Mar. 29, 2016>
[This Article Wholly Amended on Dec. 30, 2009]
Article 11(Support for improvement of business management capability) #
The Minister of SMEs and Startups may provide training, guidance programs, etc. to businesswomen and employees of female-owned businesses for the improvement of their business management capabilities and their levels of technology: <Amended on Jul. 26, 2017; Dec. 8, 2020>
1. Matters concerning education of businesswomen to boost their entrepreneurial spirit;
2. Matters concerning cooperation among businesswomen and their organization;
3. Matters concerning improving the business environment and strengthening competitiveness of female-owned businesses;
4. Matters concerning the promotion of establishment and upgrading of smart factories by businesswomen;
5. Matters concerning the strengthening of the ability of businesswomen to produce, distribute, sell products or to provide services through non-face-to-face methods;
6. Matters concerning education for improving the digital competence of businesswomen and the employees of female-owned businesses;
7. Other matters necessary for improving the management capabilities and levels of technology of businesswomen and the employees of female-owned businesses.
[This Article Wholly Amended on Dec. 30, 2009]
Article 12(Support for design development) #
The Korea Institute of Design Promotion under Article 11 of the Industrial Design Promotion Act shall endeavor to facilitate the development of design by female-owned businesses.
[This Article Wholly Amended on Dec. 30, 2009]
Article 12-2(Improvement of awareness) #
The Minister of SMEs and Startups may implement the following projects to raise the awareness of the importance of female-owned businesses, accelerate the growth of such businesses, and to enhance their competitiveness:
1. Awarding prizes to outstanding businesswomen and persons who have contributed to enhancing the competitiveness of female-owned businesses;
2. Public relations campaigns on the roles and contribution of female-owned businesses to the development of the national economy;
3. Other projects necessary to raise the awareness of the importance of female-owned businesses.
[This Article Added on Oct. 19, 2021]
Article 12-3(Female-owned business week) #
(1) To build a sense of pride among businesswomen and to raise the public's awareness of the importance of female-owned businesses, one week each year shall be designated as Female-Owned Business Week as prescribed by Presidential Decree.
(2) The State and local governments may host celebratory events that adequately reflect the intent of the Female-Owned Business Week.
(3) Matters necessary for hosting events for the Female-Owned Business Week shall be prescribed by Presidential Decree.
[This Article Added on Oct. 19, 2021]
Article 13(Establishment of Korean Women Entrepreneurs Association) #
(1) A Korean Women Entrepreneurs Association (hereinafter referred to as the "Association") shall be established to advance the public interest and sound development of businesswomen and to efficiently carry out the duties of facilitating women's business activities.
(2) The Association shall be incorporated as a corporation.
(3) When it is intended to establish the Association, the representative concerned shall obtain approval for the establishment thereof, by submitting the articles of association and other necessary documents to the Minister of SMEs and Startups as prescribed by Presidential Decree. <Amended on Jul. 26, 2017>
(4) The Association shall be established by completing registration of incorporation at the seat of its principal office.
[This Article Wholly Amended on Dec. 30, 2009]
Article 14(Duties of association) #
The Association shall conduct the following business activities: <Amended on Jul. 26, 2017>
1. Training of businesswomen and fostering of professional businesswomen;
2. Provision of information to female-owned businesses;
3. Activities to support and facilitate women's establishment of business;
4. Support for joint purchase and sales business;
5. Support for the development of overseas markets and attraction of foreigners' investments by female-owned businesses;
6. Cooperation with foreign businesswomen's groups;
7. Projects entrusted by the Minister of SMEs and Startups to facilitate the activities of female-owned businesses and women's establishment of business;
8. Works to facilitate women's business activities, other than those described in subparagraphs 1 through 7.
[This Article Wholly Amended on Dec. 30, 2009]
Article 15(Establishment of Integrated Support Center for Female-Owned Businesses) #
(1) The Association may establish an Integrated Support Center for Female-Owned Businesses (hereinafter referred to as the "Support Center") capable of providing various kinds of information and services, such as education, training, research study and counseling, in order to actively facilitate women's establishment of business and activities of female-owned businesses.
(2) The State and local governments may provide financial support, etc. necessary for the establishment and management of the Support Center. <Amended on Jan. 27, 2016>
(3) Matters necessary for the establishment and management of the Support Center shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 30, 2009]
Article 16(Lending of national and public property without compensation) #
The State or local governments may, when necessary for the businesses of the Association, lend national and public property to the Association without compensation, notwithstanding the provisions of the State Property Act or the provisions of the Public Property and Commodity Management Act.
[This Article Wholly Amended on Dec. 30, 2009]
Article 17(Tax benefits) #
The Government may offer tax benefits to the Association and the major businesses thereof as prescribed by the Restriction of Special Taxation Act.
[This Article Wholly Amended on Dec. 30, 2009]
Article 18(Prohibition of use of similar name) #
No person other than the Association under this Act shall be allowed to use the name "Korean Women Entrepreneurs Association" or any other name similar thereto.
[This Article Wholly Amended on Dec. 30, 2009]
Article 19(Application mutatis mutandis of the Civil Act) #
Except as otherwise provided for in this Act, the provisions of the Civil Act, which pertain to incorporated associations, shall apply mutatis mutandis to the Association.
[This Article Wholly Amended on Dec. 30, 2009]
Article 20(Guidance and supervision) #
(1) The Minister of SMEs and Startups may provide guidance and supervision regarding administrative affairs of the Association. <Amended on Jul. 26, 2017>
(2) Where deemed necessary for the guidance and supervision under paragraph (1), the Minister of SMEs and Startups may request the Association to submit necessary documents, etc. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Dec. 30, 2009]
Article 20-2(Verification of female-owned businesses) #
(1) A person who intends to obtain support prescribed in this Act may apply for verification to the Minister of SMEs and Startups about whether the relevant business constitutes a female-owned business. <Amended on Jul. 26, 2017>
(2) Upon receipt of an application filed under paragraph (1), the Minister of SMEs and Startups shall investigate and examine whether the relevant business constitutes a female-owned business, and if it does, he or she shall verify such fact (hereinafter referred to as "verification of a female-owned business"). In such cases, he or she may issue a certificate stating a valid period with verification. <Amended on Jul. 26, 2017>
(3) In any of the following cases, no person shall file an application prescribed in paragraph (1) for a period of up to one year, which is prescribed by Presidential Decree:
1. Where it is found that his or her business is not a female-owned business according to the outcomes of the investigation and examination conducted under paragraph (2);
2. Where the verification of a female-owned business is canceled as he or she falls under Article 20-3 (1) 1.
(4) Other matters necessary for the verification of female businesses, including the procedures for the verification of female-owned businesses, a valid period and issuance of certificates, shall be prescribed by Presidential Decree.
[This Article Added on Jan. 27, 2016]
Article 20-3(Revoking verification of female-owned business) #
(1) Where a person who has obtained the verification of a female-owned business falls under any of the following subparagraphs, the Minister of SMEs and Startups may cancel his or her confirmation; provided, in cases falling under subparagraph 1, his or her verification shall be canceled: <Amended on Jul. 26, 2017>
1. Where he or she obtained the verification of a female-owned business by fraud or other improper means;
2. Where he or she fails to meet the criteria referred to in subparagraph 1 of Article 2;
3. Where he or she ceases to conduct business activities due to dishonor, closedown, etc.
(2) To cancel the verification of a female-owned business pursuant to paragraph (1), the Minister of SMEs and Startups shall hold a hearing. <Amended on Jul. 26, 2017>
[This Article Added on Jan. 27, 2016]
Article 20-4(Reporting and inspection) #
(1) If necessary for checking whether a person who obtained the verification of a female-owned business falls under any ground for cancellation of such verification prescribed in Article 20-3 (1), the Minister of SMEs and Startups may require the relevant business to submit related materials or to report thereon or may order public officials under his or her control to access the place of business, office, etc. of the relevant business and inspect related matters. <Amended on Jul. 26, 2017>
(2) A public official who conducts inspection prescribed in paragraph (1) shall carry certificates indicating their authority and produce them to interested parties.
[This Article Added on Jan. 27, 2016]
Article 20-5(Delegation and entrustment of authority) #
(1) Part of the authority of the Minister of SMEs and Startups prescribed in this Act may be delegated to the head of an institution under his or her control or the Mayor/Do Governor or entrusted to the head of another administrative agency, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017>
(2) Part of the business affairs of the Minister of SMEs and Startups prescribed in the provisions of Articles 20-2 through 20-4 may be entrusted to the Association, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017>
(3) The executive officers and employees of the Association who perform the business affairs entrusted by the Minister of SMEs and Startups pursuant paragraph (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act. <Amended on Jul. 26, 2017>
[This Article Added on Jan. 27, 2016]
Article 20-6(Penalty provisions) #
Any person, other than a female-owned business, who has received support prescribed in this Act by fraud or other unlawful means shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
[This Article Added on Jan. 27, 2016]
Article 20-7(Joint penalty provisions) #
Where the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations prescribed in Article 20-6 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine prescribed in the relevant provisions; provided, this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs.
[This Article Added on Jan. 27, 2016]
Article 21(Administrative fines) #
(1) Any person who fails to submit materials prescribed in Article 20-4 (1) or submits false materials, fails to report or files a false report, or refuses, obstructs or evades an inspection shall be subject to an administrative fine of not more than three million won. <Added on Jan. 27, 2016>
(2) Any person who uses the name "'Korean Women Entrepreneurs Association" or any other name similar thereto in violation of Article 18 shall be subject to an administrative fine of not exceeding one million won. <Amended on Jan. 27, 2016>
(3) Administrative fines prescribed in paragraphs (1) and (2) shall be imposed and collected by the Minister of SMEs and Startups. <Amended on Jan. 27, 2016; Jul. 26, 2017>
[This Article Wholly Amended on Dec. 30, 2009]