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

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

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.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report received in September 2009 including its replies to the 2005 direct request.

Article 2. Formulation, implementation, and periodic review of national policy. The Committee notes with interest the adoption of the Anti‑Discrimination against and Remedies for Persons with Disabilities Act in April 2008, which requires employers to provide proper amenities and services so that employees with disabilities have access to equal working conditions. It also enables individuals to file discrimination complaints with the National Human Rights Commission for recommendations, orders or fines. The Government also indicates the end of the second five-year plan for employment promotion for the disabled in 2007 and briefly mentions the third five-year plan. The Committee invites the Government to include in its next report information on the indicators showing progress in the quality of employment available to workers with disabilities under the Anti-Discrimination against and Remedies for Persons with Disabilities Act. The Committee also asks the Government to provide information on the third five-year plan, including any policy changes on vocational rehabilitation and employment of persons with disabilities instigated by the review of the Government’s previous programmes and measures.

Article 3. Promotion of employment opportunities in the open labour market. The Committee appreciates the Government’s inclusion of employment statistics on persons with disabilities, showing an increase in the employment rate from 1.18 per cent in 2003 to 1.73 per cent in 2008, raising the total number of handicapped employed persons from 28,139 to 104,132 in the same time period. The Committee further notes that the mandatory quota imposed on the public and private employers under the Act on employment promotion and vocational rehabilitation for the disabled has increased from 2 per cent to 3 per cent in 2009 and that, since 2004, such requirement applies to all private employers with more than 50 employees. The Government, however, indicates that the success of the mandatory employment system has had the unintended consequence of marginalizing persons with severe disabilities since the increased employment opportunities chiefly benefit those with mild disabilities. The Committee notes that the third five-year employment promotion plan aims to improve the quota system’s efficacy regarding persons with severe disabilities. The Committee invites the Government to continue providing in its next report the relevant employment statistics and other relevant data disaggregated, as much as possible, by age, sex and the nature of disability, as well as information on the impact of the third five-year employment promotion plan on increasing employment opportunities for all persons with disabilities.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s report, which was received in October 2004. The Committee notes the Government’s strategy under the first and second Five-Year Plans to address issues on both the supply and demand sides of the employment of people with disabilities. In order to assist employers in the hiring of workers with disabilities, the Government plans to develop employment models, management aids, and methods of vocational ability analysis by disability type in addition to government subsidization and tax incentives. Providing workers with disabilities with vocational training and employment support services will aim to increase their employability. Under the expanded second Five-Year Plan, the Government anticipates that 60,000 persons with disabilities will enter the labour market.

2. The Government reports that the employment rate for people with disabilities has increased annually by an average of 0.1 per cent since 1998 when the first Five-Year Plan was initiated and as of December 2003 stood at 1.18 per cent. This figure, however, still has not reached the compulsory hiring rate of 2 per cent. The Committee would be grateful if the Government continued to provide employment statistics in its next report and indicate any problems that may have arisen in order to promote employment opportunities for people with disabilities in the open labour market (Article 3 of the Convention).

3. The Committee also notes with interest the Government’s proposal under the second Five-Year Plan to improve working conditions for people with disabilities by implementing institutional devices to ban disability discrimination. The Committee would appreciate further information on the nature of the institutional devices as well as indicators concerning the quality of employment that would show the progress achieved by the implementation of these measures.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report on the application of the Convention, which contains detailed information on the national policy promoting the vocational rehabilitation and employment of disabled persons. The Committee requests the Government to give details in its forthcoming reports on the results obtained by the implementation of the various measures implementing the national policy, including for example statistics, studies and inquiries, concerning the matters covered by the Convention (for example: the five-year plan for the employment promotion for the disabled; the five-year plan for the welfare of the disabled; measures to promote employment for the severely disabled; administrative regulations and other guidelines to employment services for disabled persons; etc.).

Please also forward copies of the subsidiary legislation mentioned in the report, which were not received.