Decision prompts backlash from women’s groups, opposition parties

Maternity leave should not be counted as part of a woman’s working period, the Ministry of Government Legislation said Thursday, sparking a backlash from women’s groups.

Critics claim that the interpretation is against the law, calling for equal treatment and opportunities for all working women regardless of pregnancy.

The dispute was sparked when the Ministry of Culture, Sports and Tourism asked the Legislation Ministry about whether a woman who took maternity leave during her six years in the office was eligible to apply for a librarian position requiring a minimum of six years working experience.

“The reason a certain period of working experience is required for a promotion or a job is because the job needs proficiency. In that sense, the working experience should reflect the actual working period only,” the ministry said.

“This interpretation is strictly applicable only as a promotion or recruitment guideline. Women workers who take maternity leave should not be discriminated against in payment or other fields,” a ministry official said.

The interpretation is likely to influence the industrial sector as there are no guidelines or laws which define whether or not maternity leave should be included in the working period.

“I have great respect for women giving birth to children and I appreciate their hard work at workplaces. But I agree with the legislation ministry. Working experience is literally the period of performing actual job,” a human resources department worker of a mid-size electronic manufacturing company told The Korea Herald.

However, opponents cried foul at the decision, citing the Gender Equality Law that prohibits any discrimination against female workers who take maternity leave. Violators of the law face up to three years in prison or up to 20 million won in fines.

Opposition parties denounced the decision.

“We cannot help but express concern about the administration’s shift on procreation, which is clearly one of the most pressing problems in this era of a low birth rate. The problem is not limited to women only. About 1,200 men here took paternity leave last year, but the ruling leaves little room for a growing number of males seeking procreation and an active family life,” the New Progressive Party said in a statement.

The Ministry of Gender Equality and Family Affairs, which opposes the Legislation Ministry’s decision, said the interpretation was against the law.

“The country is staggering under a falling birthrate. The ruling will set back those women seeking a successful career and a family as well,” a Gender Equality Ministry official told a local newspaper.

By Bae Ji-sook
(baejisook@heraldcorp.com)