consider the matter to be best handled by individual school even though they
acknowledged that female teachers experiencing motherhood could claim discrimination
when pre-natal and maternity leaves and breastfeeding hours are excluded from working
days.
Notwithstanding administrative justification of the policy, the Commission ruled that
pre-natal and maternity leave is a guaranteed right by the government given prior to and
after delivery to ensure wellbeing of female workers and babies, protect motherhood, and
achieve work-life balance. There must be social acknowledgement and consideration of the
policy since the protection is extended to only women but women have no direct control
over the timing or duration of the maternity leave.
It also cited that not just the National Human Rights Commission Act but also the
Framework Act on Women’s Development and the Sexual Equality Employment Act
provide that the central government, local governments and employers shall protect
maternity and not offer disadvantages or take unfavorable measures on grounds of
pregnancy and delivery. In addition the Labor Standards Act clearly stipulates the
minimum of 90 days for pre-natal and maternity leave to be recognized as working days,
which makes it difficult to accept the school’s claim that teachers themselves consented to
the policy. The Commission finally ruled the policy of the school to be discriminatory
based on pregnancy and delivery as prohibited by law and recommended the principle to
develop countermeasures to prevent the issue from occurring again.
D. Investigation and Remedies: Discrimination based on Marital Status
Discrimination based on marital status refers to an act of favorably treating, excluding,
differentiating or unfavorably treating a particular person or a group of particular persons
without reasonable cause on the grounds of their marital status in all aspects of social
activities including employment. The National Human Rights Commission Act
distinguishes ‘marital status’ from ‘gender’ as reasons for discrimination, which means it
bans unreasonable discrimination not only between male and female, but also between
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Part II. Major Activities of the Commission