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Dismissal over pregnancy faces tougher punishment

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By Lee Kyung-min

The government plans to revise the law to prevent employers who dismiss pregnant workers or deny them maternity leave avoid punishment.

The Ministry of Employment and Labor said Wednesday that it plans to submit a revision bill to the National Assembly for approval.

Under the current law, employers who fire female workers during pregnancy or after childbirth or do not allow them maternity leave are subject to punishment.

However, the authorities have difficulty uncovering this illegal practice unless workers report it.

Under the proposed revision, the National Health Insurance Service (NHIS) will provide information on pregnant women to the ministry. If a female worker becomes unemployed during pregnancy or after childbirth, the ministry will investigate whether the woman was unfairly dismissed regardless of whether the employee reports it.

If a female worker does not apply for childbirth leave payment to the Employment Insurance Agency after her due date, the ministry will look into the case and if the employer has not provided for maternity leave, the ministry will penalize the employer.

A worker on maternity leave can receive up to 1.3 million won per month for up to three months from the agency.

“In cooperation with the NHIS, the measures are expected to help guarantee female workers’ rights during pregnancy and maternity leave,” a ministry official said.

According to the NHIS, about 17,000 of 105,633 female workers who gave birth last year were dismissed or denied leave.

Under the law, employers who dismiss pregnant worker are subject to prison terms of up to five years or a fine of up to 30 million won. Company executives who refuse to allow maternity leave are subject to up to two years in prison or a 10 million won.