Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) received on 8 September 2023 and the Government’s response received on 5 October 2023.

Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s indication that it has adopted policies aimed at increasing the employment of persons with disabilities. These initiatives include amendments to the Act on Employment Promotion and Vocational Rehabilitation for Persons with Disabilities, as well as the increase in the mandatory employment rates within both public and private sectors. The Committee notes in this regard that the mandatory employment rate in the public sector has risen from 3.2 per cent in 2017 to 3.6 per cent in 2022. In the private sector, this rate increased from 2.9 per cent in 2017 to 3.1 per cent in 2019. The Government reports that, following the implementation of legislative changes, key indicators of economic activity concerning individuals with disabilities, along with their employment levels, have shown improvement. More specifically, the employment rate of persons with disabilities aged 15 to 64 increased, while the unemployment rate decreased in 2022 compared to 2013. During this period, the employment rate of persons with disabilities rose by 2.9 percentage points (from 47.4 per cent in 2013 to 50.3 per cent in 2022), and the unemployment rate of persons with disabilities decreased by 2.2 percentage points (6.2 per cent in 2013 to 5 per cent in 2022). The increase in the mandatory employment rate for persons with disabilities has contributed to a rise in the employment rate of individuals with disabilities in businesses with 50 or more employees, which are required to fulfil the hiring mandate for persons with disabilities. During the 5th Five-Year Plan for the Employment Promotion of Persons with Disabilities (2018–22), the Government indicates that it not only raised the mandatory employment rate for persons with disabilities but also guided the implementation of hiring obligations. As a result of these measures, the employment rate in businesses subject to these obligations has continued to rise, along with the number of employees with disabilities working in those establishments (192,643 people in 2014, to 226,995 in 2018, and 268,663 in 2021). The Committee requests the Government to continue providing updated information on policy developments concerning vocational rehabilitation and employment for persons with disabilities, as well as indicators showing progress in the employment levels of workers with disabilities. It also requests the Government to provide information on the content and outcome of the consultations held with the social partners and organizations representing persons with disabilities on the matters covered by the Convention (Article 5).

Articles 2, 3 and 4. Employment opportunities in the open labour market.Equality of treatment. The Committee welcomes the comprehensive employment statistics provided by the Government, disaggregated by age, sex and the nature of disability. The Government indicates that, in 2020, it introduced the ‘transition support for workers with disabilities’ project aimed at assisting persons with disabilities in sheltered employment to transition to the open labour market. Vocational rehabilitation and training opportunities are made available to persons with disabilities who are exempt from minimum wage in vocational rehabilitation facilities, fostering their transition to decent jobs that meet or exceed the minimum wage. The Government is implementing measures to facilitate individuals with disabilities in moving towards open and inclusive employment. The transition rate from sheltered to regular employment via the ‘transition support for workers with disabilities’ project reached 8.5 per cent in 2022, surpassing the levels prior to the project’s implementation. The Committee notes from the 2022 concluding observations on the Republic of Korea’s combined second and third periodic reports that the Committee on the Rights of Persons with Disabilities (CRPD) noted with concern that the Minimum Wage Act excludes persons with disabilities from benefiting from the minimum wage, which has resulted in many persons with disabilities who work receiving compensation below the minimum wage (CRPD/C/KOR/CO/2-3). The Committee also notes the observations made by the FKTU regarding the mandatory employment of persons with disabilities in private companies. In 2021, the compliance rate with the mandatory employment quota was 32.1 per cent for companies with 1,000 or more full-time employees. The FKTU adds that, given the profit-oriented nature of large companies, each organization is likely to compare the “employment levy” against the costs of compliance before deciding how to proceed. The current levy amount for companies that fail to meet the mandatory employment quota is relatively insignificant from the perspective of large corporations, leading to a weakened incentive to promote mandatory employment. In its response to the FKTU’s observations, the Government indicates that the Republic of Korea's employment levy is two to four times higher than that of other developed countries with similar mandatory employment systems. Despite this, companies often cite a lack of suitable job positions, a harmful work environment, and concerns regarding productivity as key barriers to hiring individuals with disabilities, rather than the levy itself. The issue of increasing the levy therefore requires careful consideration. In addition to the levy, the Government is implementing various employment support services for individuals with disabilities, including employment incentives for enterprises, the development of new job opportunities, and customized training programmes. The Committee wishes to stress that supporting the principle of equal opportunities for persons with disabilities established by Article 4 of the Convention with a strong regime of sanctions is essential to foster compliance with laws and policies, deter discriminatory practices and protect the rights of persons with disabilities. This approach promotes fairness in the labour market, encouraging employers to adopt inclusive practices and reasonable accommodations. By enforcing sanctions, governments can foster a just environment where all workers, have equal opportunities in the open labour market. The Committee therefore requests the Government to provide an updated assessment of the measures implemented to promote employment and equal opportunities for persons with disabilities in the open labour market as well as information on the measures which could more effectively strengthen compliance with the national legal framework promoting employment of persons with disabilities. The Committee further asks the Government to indicate whether it has carried out or plans to carry out awareness raising campaigns aimed at combating stereotypes and negative perceptions as regards the employment of persons with disabilities. Additionally, it requests the Government to continue to provide employment statistics, disaggregated by age, sex, and the extent and nature of disability. Finally, the Committee requests the Government to provide further clarifications regarding the conditions under which minimum wage provisions can be waived in respect of persons with disabilities.