Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Equal Remuneration Convention, 1951 (No. 100) - Republic of Korea (Ratification: 1997)

1. Assessment of the gender pay gap. The Committee notes the Government’s indication that the gender pay gap (regular monthly wages plus overtime pay – excluding bonuses and performance-based pay) decreased from 35.2 to 33.8 per cent between 2002 and 2005. With regard to the total monthly earnings, the Committee notes from data published by the Ministry of Labour that the gender wage gap (regular employees) increased from 37.6 per cent in 2003 to 38.2 in 2004, and then decreased to 36.9 in 2006. The Committee also notes the comments of the Korean Confederation of Trade Unions (KCTU) emphasizing the need to examine wage disparities affecting workers according to their employment status (regular and non-regular workers). The Committee asks the Government to continue to provide detailed statistical information on the gender wage gap, as well as information on the Government’s assessment of its evolution. In this regard, please also provide information on how workers are affected by gender-based wage inequalities in relation to their status as regular or non-regular employees, and provide related statistical data.

2. The Committee notes that the gender pay gap for workers in Korea remains very wide and is a matter of concern that requires the Government’s urgent attention and action. Measures to address gender-based occupational segregation and work and family reconciliation, which are relevant to gender-based wage discrimination, are addressed by the Committee in its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156), respectively.

3. Equal remuneration for work of equal value – comparing remuneration for jobs of a different nature. In its previous comments, the Committee noted that the Supreme Court, for the first time, issued a ruling regarding gender-based wage discrimination (Supreme Court Decision SCR2002 DO3883, 14 March 2003), in which it relied on the definition of equal pay for work of equal value as contained in the Ministry of Labour’s Equal Treatment Regulation (No. 422). The Committee noted that according to that regulation and the ruling, work of equal value refers to jobs which are equal or almost equal by nature or which, though slightly different, are considered to have equal value. In this context, the Committee asked the Government to elaborate further on the meaning of the expression “slightly different”.

4. The Committee notes from the Government’s report that the notion of “slightly different” work means that comparisons of the work of men and women should be made not only when they perform the same work but also when they are engaged in different jobs and different occupational categories, which is often the case in Korea. The Government also indicated that because it was difficult in such cases to prove that gender wage differentials were due to sex discrimination, the existing government policies limit the resolution of disputes concerning remuneration of men and women performing different work.

5. While noting the Government’s explanations, the Committee considers that limiting the possibility of comparing work performed by men and women to “slightly different” work, as provided for in the Regulation and accepted by the Supreme Court, appears to limit unduly the full application of the principle of equal remuneration for men and women for work of equal value as set out in the Convention. As emphasized in its 2006 general observation, “work of equal value” also encompasses work that is of an entirely different nature but which is nevertheless of equal value. In this regard, the Committee welcomes the Government’s indication that the limited scope of application of the principle as provided for under the regulation has been recognized and that revision of the regulation’s provisions in this respect is envisaged. The Committee asks the Government to provide information on the progress made in revising the Equal Treatment Regulation (No. 422) with a view to ensuring the full application of the principle of equal remuneration for men and women for work of equal value, in law and in practice, and to continue to provide information concerning any relevant judicial or administrative decisions concerning equal remuneration.

6. Promoting and ensuring the principle’s application. The Committee notes the Government’s indication that in order to extend the application of the principle of equal remuneration for work of equal value it is necessary for businesses to modify the existing labour management system and pay systems. The Government also states that in many enterprises job appraisals were currently being carried out in the context of the introduction of merit-based pay systems and that it was offering consulting services to enterprises in this regard. Awareness-raising activities were planned to promote the integration of the principle of equal remuneration for work of equal value in human resource management. However, requiring enterprises by law to adopt objective job evaluation systems was difficult, as this would entail costs. The Committee asks the Government to provide more detailed information on the consulting services it provides, specifically indicating the manner in which these services promote respect for the principle of equal remuneration for men and women for work of equal value. In this regard, please indicate the number of enterprises that have made use of the Government’s assistance and provide examples of measures taken by enterprises in order to integrate the equal pay principle into the management and pay systems.

7. The Committee notes that according to the Federation of Korean Trade Unions (FKTU), companies do not permit workers’ representatives to participate in the elaboration of objective job evaluation systems as such matters are regarded as management prerogatives. The Government states that modifications in the labour management system and pay systems should be based on consensus with employees. However, the Government also states that according to its understanding of the situation, the involvement of workers in objective job evaluation at the workplace level was not yet fully activated. The Committee asks the Government to provide information on the measures taken to promote the collaboration with and participation of workers’ organizations in the elaboration and revision of methods for the objective evaluation of jobs.

8. The Committee notes the Government’s statement that the labour inspectors were being provided with appropriate guidance and training and that labour inspectors would continue to be active with a view to narrowing gender pay differentials that are not based on educational attainment, the job and job tenure. The Committee asks the Government to provide detailed information on the specific activities undertaken by the labour inspectorate to identify and remedy violations of the principle of equal remuneration for men and women for work of equal value, including information on the number and nature of cases of unequal remuneration detected and any remedies provided or sanctions imposed.

9. In its previous comments, the Committee noted that the principle of equal remuneration as set out in the Convention extends beyond cases where work is performed in the same establishment or business, and that this makes it possible to address discriminatory effects of horizontal occupational segregation based on sex. Noting the information provided by the Government, including the Government’s statement that the principle of equal remuneration is applied at the workplace level, the Committee asks the Government to take measures to promote and ensure the application of the principle beyond the enterprise level by ensuring that the reach of comparison between jobs performed by men and women is as wide as allowed by the level at which wage policies, systems and structures are coordinated, as indicated in the General Survey on the Convention of 1986 (paragraph 72). Please provide information on any measures taken in this regard.