Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU), annexed to the report, and the Government’s reply.

Practical measures to address the gender pay gap and its underlying causes. In its observations, the FKTU indicates that the Government needs to: (i) devise a plan to establish the principle of equal pay for work of equal value and provide detailed criteria and guidelines on this principle; (ii) promote the employment of women; (iii) eliminate occupational gender segregation; and (iv) reduce non-regular employment. The FKTU adds that a majority of women are still excluded from any equality policy as the equal employment system is focused on regular work. The Committee notes that the Government reiterates that wage disparity between men and women arises from the discontinued careers of women during the childbirth and childcare periods (the gender pay gap for women between 25 and 29 years old is around 10 per cent, whereas it is 41.5 per cent for women between 40 and 44). The Government further indicates that the years of service of women workers are shorter and even if they start working again, they are highly likely to be re-employed as non-regular workers in unstable and low-paid positions. The Government indicates that it has taken several measures to address this situation: (i) a supportive programme to create decent part-time jobs and encourage flexible working-time arrangements; and (ii) a private–public partnership campaign through the Public–Private Council for Work–Family Balance to expand workplace cultures friendly to work–family balance, including when workers take child-care leave or choose to work part time. In 2014, a Substitute Worker Employment Support Service was put in place in order to facilitate the replacement of workers on parental leave. Recalling the importance of measures to address the underlying causes of the gender pay gap, in particular gender stereotyping and occupational segregation of women in lower paying and/or non-regular types of employment, the Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government to continue providing comprehensive information on all measures taken or envisaged to identify and address the underlying causes of the gender pay gap, and the results achieved by these measures in the public and private sectors.

Article 3. Objective job evaluation and its application in job-based wage systems. The Committee notes that the Government’s report does not contain any information in reply to its previous comments regarding the use of objective job evaluation methods in order to effectively apply the principle of equal remuneration for men and women for work of equal value. The Committee therefore reiterates its request for information on the measures taken to improve understanding of the principle of the Convention and the concept of “work of equal value” among workers and employers and their organizations, in enterprises that have adopted or wish to adopt an annual salary system, and to promote the use of objective job evaluation methods in this context. The Committee also asks the Government to provide information on the number of enterprises that have adopted performance-based pay systems (annual salary systems and performance-based bonus systems) and the number of enterprises that have undertaken objective job evaluations in this context, particularly in sectors in which women are predominantly employed.

Enforcement. Labour inspection. The Committee notes the FKTU’s statement that it is necessary to assign labour inspectors at the appropriate level in each local office of the Ministry of Employment and Labour (MOEL) in order to strengthen labour inspections on maternity protection and child-care leave. The Government indicates that paid parental leave aims to alleviate the financial burden on workers during parental leave. The Committee notes that the Government also indicates that since it is possible to target workplaces and plan labour inspections using information on health insurance and employment insurance, there is no need for more labour inspectors in this regard. The Committee also notes the Government’s indications that random, regular and special inspections were conducted in 2015 in 19,791 workplaces, including 978 workplaces in which women are predominantly employed. Since 2016, the MOEL has been enhancing the capacity of labour inspectors regarding gender equality, through an education programme taking place twice a year. In view of the recent increase in the gender wage gap in all sectors, the Committee asks the Government to step up its efforts to improve the enforcement of the equal pay legislation, including through activities to raise awareness of the specific legislation and enhance the capacity of labour inspectors, judges and public officials to identify and address cases of unequal pay. It also asks the Government to provide information on the preventive and enforcement activities of labour inspectors specifically targeting equality, and in particular equal remuneration for men and women for work of equal value. The Committee once again asks the Government to examine whether the applicable substantive and procedural provisions in practice allow claims for unequal remuneration to be brought successfully.