Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Republic of Korea (Ratification: 1999)

Article 2 of the Convention. Formulation, implementation, and periodic review of national policy. The Committee notes the detailed information received in September 2014, including observations of the Federation of Korean Trade Unions (FKTU) and indicators on the quality of employment of workers with disabilities under the Anti-Discrimination against and Remedies for Persons with Disabilities Act. The Committee notes that from 2010 to 2013 the employment rate for persons with disabilities between the ages of 15–64 rose by 0.9 percentage points to 47.4 per cent, while the unemployment rate fell by 0.9 percentage points to 6.2 per cent. During the same period, the ratio of regular workers among employees with disabilities increased by 4.1 percentage points to 40.9 per cent and the average monthly income of persons with disabilities increased by 3.1 percentage points to 72.1 per cent of that of the total population’s average monthly income. The Committee also notes that the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons was revised in July 2012. In reply to the previous direct request, the Government reports that the third five-year plan for employment promotion for the disabled (2008–12) included policy changes more focused on persons with severe disabilities. The Committee notes that the Government and public institutions raised their mandatory employment quota for persons with disabilities from 2 to 3 per cent. It also notes that a double counting system for persons with severe disabilities was introduced in 2010, in which the employment of one person with severe disabilities is calculated as the employment of two persons with disabilities for statistical purposes. The Government reports that it adjusted the penalties for not employing persons with disabilities and employment subsidies. Guidance for businesses to meet the quota has also been strengthened. The Committee invites the Government to continue providing information on policy developments on vocational rehabilitation and employment for persons with disabilities and the indicators showing progress in the employment levels for workers with disabilities, including the impact of the revision of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons.

Article 3. Promotion of employment opportunities in the open labour market. The Committee notes the comprehensive employment statistics provided by the Government, disaggregated by age, sex and the nature of disability. It also notes the impact of the third five-year plan including the raised mandatory employment quota from 1.87 per cent in 2009 to 2.48 per cent in 2013, the increase in the employment rate for female workers with disabilities from 13.9 per cent in 2009 to 18.5 per cent in 2013, and the increase in the employment rate for persons with severe disabilities from 17.9 per cent in 2009 to 21.9 per cent in 2013. The Committee notes the observations of the FKTU indicating that the employment rates at larger businesses and for persons with severe disabilities need to be improved. The FKTU requested the Government to take the following measures: raise the mandatory employment quota and the subsidies for exceeding it; reinforce labour inspection and penalties; provide advantages to businesses with high employment rates for people with disabilities when bidding for public contracts; develop various jobs for people with disabilities and provide vocational training; conduct education to prevent any discrimination against workers with disabilities; and provide the necessary facilities for people with disabilities and provide subsidies in this regard. The Committee notes the Government’s comments in reply to FKTU’s observations indicating that the Ministry of Employment and Labour is working to set a higher mandatory employment quota for private businesses in 2015–19. The premium that employers receive in addition to the basic subsidy for hiring women with disabilities and persons with severe disabilities was raised in April 2010. The Government imposes penalties on companies not fulfilling the employment quota for persons with disabilities and a list of companies with remarkably low employment levels is established. Companies bidding for government procurement contracts are granted extra points according to their employment levels of persons with disabilities. Moreover, the Korea Employment Agency for the Disabled (KEAD) develops occupations suitable for persons with disabilities by disability type and provides specialized vocational training to persons with severe disabilities. It also became mandatory for employers to conduct education to prevent any discrimination in workplaces. A system of certifying a barrier-free living environment has been implemented and KEAD was designated as the certification institution in September 2013. Grants and loans are provided to employers on the condition that persons with disabilities are employed for a predetermined duration. The Committee invites the Government to continue providing the relevant employment statistics disaggregated by age, sex and the nature of disability. Please also include information on the impact of the measures implemented to provide appropriate vocational rehabilitation and promote employment for persons with disabilities in the open labour market, including persons with severe disabilities and female workers with disabilities.