The terms used in this Act are defined as follows: <Amended on Nov. 28, 2017; May 26, 2020>
1. The term “discrimination” means that an employer, on grounds of gender, marriage, status within a family, pregnancy, childbirth, or any similar ground, applies different conditions for recruitment or working conditions to an employee or takes any other unfavorable measures without reasonable reason (including a case where, even if the employer applies such conditions equally, the number of men or women capable of meeting such conditions is significantly smaller than the opposite gender, thereby placing the opposite gender at a disadvantage, and the employer fails to prove that such conditions are justifiable); provided, this shall not apply to any of the following cases:a. Where a specific gender is unavoidably required in view of the characteristics of duties;b. Where measures are taken for maternity protection, such as pregnancy, childbirth, and lactation of female employees;c. Where proactive employment improvement measures are taken under this Act or other statutes;
2. The term “workplace sexual harassment” means that an employer, a superior, or an employee, by taking advantage of their position in the workplace or in connection with duties, causes another employee to feel sexual humiliation or aversion through sexual words or actions, or gives disadvantages in working conditions or employment on the ground that the employee did not comply with sexual words or actions or any other such demands;
3. The term “proactive employment improvement measures” means measures taken to temporarily give preferential treatment to a specific gender in order to eliminate existing employment discrimination between men and women or to promote equal employment;
4. The term “employee” means a person who is employed by an employer or who intends to be employed.[This Article Wholly Amended on Dec. 21, 2007]