Under what conditions may the Minister require an employer to file an equal employment action plan, and when does filing become compulsory?
General information · Not legal advice
Material to check
In a practice file we read the papers showing the employer's headcount and the ratio of female workers by occupation, the demand from the Minister of Gender Equality and Family, and the plan itself, because the duty to file arises once the Minister demands it, and she may make that demand only where the employer falls within a category and its ratio falls short.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the demand as resting on two conditions together: the employer must fall within one of the two categories the provision lists, the head of a public body or organisation set by Presidential Decree or an employer of workers at or above a scale set by Presidential Decree, and its ratio of female workers by occupation must fall below the employment standard set by ordinance of the Ministry, varying by industry and size; where both hold, the Minister may require a plan, and the employer must then submit it.
Another reading notes that the provision says the Minister may require a plan but does not state what the plan itself must contain, when it is due or how it is delivered, leaving those matters to the Ministry ordinance referred to later in the provision, so a file has to show which ordinance version governed at the time.
Your judgment
When the demand arrived, could the employer's own employment records show plainly whether its ratio of female workers by occupation fell below the applicable standard?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision or the Ministry ordinance is amended to change the categories, the employment standard or the filing details, or if a decision clarifies what a demand must state.