Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Republic of Korea (Ratification: 1998)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the observations of the Korea Employers’ Federation (KEF), attached to the Government’s report, and the Government’s reply thereto, and the communication from the Korean Confederation of Trade Unions (KCTU), dated 31 August 2012, as well as the Government’s reply thereto. It also notes the communication of the International Organisation of Employers (IOE), dated 27 August 2012.

Article 1 of the Convention. Legislative developments. The Committee notes that a steering committee has been set up regarding the enactment of a general anti-discrimination act, and that the KCTU draws attention to the unilateral appointment of the committee’s members and lack of clarity of procedures. It notes that the IOE draws attention to the existing anti discrimination laws, and the Government’s reply that concerns related to the various acts and grounds of discrimination will be addressed in the process of drafting the Bill. The Committee asks the Government to provide information on the progress made in the enactment of anti-discrimination legislation, which it hopes will be in conformity with the Convention.

Articles 1, 2 and 3(d). Access of women in the police force. The Committee recalls the very low proportion of women in the police force (7.4 per cent in July 2012) and their concentration in posts of police administration. The Government indicates that, currently, female officers account for 7.6 per cent of the total number of police officers and that if their employment rate is maintained at the current rate of increase of 20 per cent per year, the proportion of female officers will increase to 10 per cent of the total number by 2017. The Government also indicates that female officers are also assigned to posts in public safety, investigation, and public security, and will be assigned to departments dedicated to addressing economic crimes or sexual violence. While noting the statistical information on the distribution of female and male police officers in the various posts of the national police force (May 2013), the Committee considers that more proactive measures may be required to promote equality of opportunity and treatment of men and women in all posts of the police force and to arrive at a female employment rate beyond 10 per cent in the longer term, and asks the Government to provide information on any further steps taken in this regard.

Equality between men and women. The Committee recalls the measures taken to assist women after taking a career break and to reconcile work and family life, and notes the observations by the FKTU that the system of reduced working hours is mainly used by women whose wage level is low and fails to bring a positive impact on the realization of equal employment between men and women. The Government indicates that, in 2012, 95 per cent of wage support benefited women compared to 5 per cent for men, and that claims for working hour reduction benefits have sharply increased despite their relatively short history, and the cost of employing a replacement worker is subsidized. The Government intends to extend the period during which a worker can request working hour reduction, introduce the right to apply for reduced work-time during pregnancy, increase the age of the child (from 6 to 9) whose parents can take up parental leave, and strengthen the support for substitute workers in case of parental leave or reduced working hours. The Committee further notes information on the comprehensive employment services provided by the New Jobs Centres for Women (Saeil Centre), including the Government’s indication, in reply to observations by the FKTU, that the Ministry of Employment and Labour and the Ministry of Gender Equality and Family have, since June 2013, joined their job information networks to enhance the quality of the services for career-break women. The Government also intends to increase the number of private and public sector jobs (part-time government officials and social service jobs) “preferred by women” and the Committee notes that in this regard the KCTU considers the policy to introduce short-term and part-time jobs in the public sector with a view to addressing career discontinuity of women and harmonizing work and family has increased the precariousness of women’s employment. The Committee recalls that the assumption that the main responsibility for family care and the household lies with women reinforces stereotypical attitudes regarding the roles of men and women and existing gender inequality, and draws the Government’s attention to the Committee’s 2011 observation on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee also recalls that social stereotypes, including those that deem that certain types of jobs are suitable or preferred (including part-time work or work as service providers) by men or women tend to result in occupational gender segregation channelling men and women into different education and training and consequently into different jobs and career tracks (see General Survey on fundamental Conventions, 2012, paragraphs 713 and 785–786). The Committee asks the Government to provide information on measures taken to address such gender stereotypes, including in its policy to promote women’s employment in the public sector. The Committee asks the Government to provide information on the application in practice of the reduction of working hours for childcare and family leave care, indicating the proportion of men and women who have used this reduction, as well as information on any assessment made or envisaged of its impact on equality of opportunities between men and women in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination (age, disability). The Committee notes the general information provided by the Government on the public awareness-raising campaigns on the prohibition of age discrimination and the support provided to middle-aged and aged workers through job fairs. It also notes the educational activities on the Act on anti-discrimination and remedies for persons with disabilities. The Committee notes, however, that according to the Government one case regarding age discrimination in recruitment was reported for the first time in 2012 and that no statistics are available on age discrimination cases filed with the courts. With regard to complaints handled by the National Human Rights Commission (NHRC) between June 2012 and May 2013, the number of rejected or dismissed cases account for 90 per cent of the total cases, although the Government explains that 79 per cent of these were “settled under investigation” and those dismissed by complainants. With regard to persons with disabilities, the majority of the 69 cases regarding discrimination related to recruitment (28) and retirement or dismissal (15), of which 16 and 11 respectively were rejected or dismissed, and 12 and four respectively are still under investigation. The Committee asks the Government to continue to provide information on awareness-raising activities carried out on the prohibition of discrimination on the grounds of age or disability among workers, employers and their organizations, labour inspectors, judges and public officials, and information on related complaints dealt with by the labour inspectors, the courts and the NHRC indicating the reason for the high rejection or dismissal of complaints.

Enforcement (non-regular workers). Regarding the enforcement by the labour inspectors of the Act on the protection, etc. of fixed-term and part-time employees, and the Act on the protection, etc. of dispatched workers, the Committee notes the Government’s commitment to ensure the effective correction of discrimination through continuous guidance and inspection and publicity activities. The Committee notes that the FKTU considers that more efforts need to be made to promote the relevant laws, including the authority of labour inspectors to give instructions on the correction of discrimination, and that according to the KTUC the discrimination correction system fails to be effective as discrimination between regular and non-regular workers with respect to working conditions and wages continues. The Committee notes that the Government indicates that since the adoption of the “Guideline for improvement of discrimination” in 2011, it has designated 185 workplaces as a priority for control and has assisted them in following the Guideline. In 2012, inspections were carried out in 5,432 workplaces in sectors employing many fixed-term, dispatched and in-house subcontracted workers, and that among the 17,103 violations found at 4,282 workplaces, 16,482 cases were subject to corrective orders (many for absence of labour contracts and non-reregistration of employment rules). During inspections in May and June 2013 in workplaces with a large number of non-regular employees, a total of 129 discrimination cases were found in 98 workplaces which were instructed to redress discrimination and ordered to pay 1,089 non-regular workers compensation for discrimination. The Committee further notes that the KCTU indicates that, according to statistics of the National Labour Relations Commission (NLRC), only 88 cases were brought to the NLRC in 2011, which the Government explains is due to the high number of multiple cases reported in the same workplace when the system was introduced. The Government points out that the discrimination correction system came into effect in 2007 and by May 2013, 2,563 cases had been brought, of which 201 cases were approved, 560 settled through mediation; two cases through arbitration, and 974 cases withdrawn and nine cases pending. Regarding trade union representation, the Committee notes that the Government continues to refer to section 36(1)(5) of the NLRC Act and states that it prefers to assess the impact of the new system first, including the authority of labour inspectors to give an instruction to redress discrimination since August 2012. The Committee asks the Government to provide detailed information on the combined impact of the discrimination correction system and section 36(1)(5) of the NLRC on fixed term, part-time and dispatched workers bringing complaints of discrimination. The Committee also asks the Government to consider taking steps to allow trade union representation with respect to complaints on behalf of these workers under the existing anti discrimination legislation. Please continue to provide information on the number of complaints brought before the Labour Relations Commission and on the results achieved by the advisory and supervisory activities of labour inspectors concerning discrimination against non-regular workers.