Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 3 of the Convention. National policy. In its previous comments, the Committee stressed the need, in addition to combating discrimination based on sex, to adopt an explicit national policy aimed at enabling workers with family responsibilities, both men and women, to engage in employment without conflict between their professional and family duties. In this regard, the Committee notes the Government’s indication that the First Basic Plan for Healthy Family
(2006–10) and the Basic Plan on Low Birth Rate and Ageing Society include policy measures to promote a family-friendly culture at the workplace and create a social climate for better sharing of work and family responsibilities between men and women. In addition, the Committee notes that the Government is preparing an Act on the support of work and family responsibilities and initiatives to promote family-friendly corporate management, including a certification system for family-friendly companies. The Committee requests the Government to provide information on the measures implemented under the abovementioned plans and the progress made with regard to the envisaged legislation on work and family responsibilities, as well as the initiative to promote family-friendly corporate management.

2. Article 4. Terms and conditions of employment and social security. The Committee notes that following 2005 amendments to section 19 of the Equal Employment Act, childcare leave can be taken for a maximum of one year before the child turns three (as of 1 January 2008). The Committee further notes that the amount of childcare benefit payable under the Employment Insurance Act has been increased repeatedly, bringing it up to currently 500,000 won per month (approximately US$500). However, the Committee also notes that the number of employees taking childcare leave remains low, and that only very few among them are men. According to comments made by the Korean Confederation of Trade Unions (KCTU), only one in five women who have taken maternity leave also takes childcare leave, which reflects how difficult it is for them in reality to take such leave. The Government’s report states that in 2005, 10,700 employees, only 208 of whom were men, received childcare benefits. Childcare leave subsidy, which is intended to provide incentives to enterprises to encourage the taking of childcare leave and the employment of fixed-term substitute employees, has been paid to 994 workplaces in respect of 4,495 workers. The Committee requests the Government to provide information, including statistical information on the measures taken and the results achieved in promoting greater acceptance and use of childcare leave and benefits by men and women.

3. The Committee notes that the Government is planning to introduce paternity leave and working time reduction during child-rearing periods. It also intends to encourage flexible working time arrangements. With regard to leave entitlements to care for sick children and other members of the family, such as the disabled or elderly who need care and support, the Committee notes that the Government deems that such arrangements should be reviewed in the mid- and long term, taking into consideration all relevant factors, such as necessity, the burden on business and the impact on employment. The Committee understands that leave to care for ill family members is already available to public officials under the State Public Officials Act. The Committee requests the Government to:

(a)   continue to provide information on the measures taken or envisaged to ensure that the needs of workers with family responsibilities are taken into account in their terms and conditions of employment and in social security, including through the abovementioned entitlements and arrangements;

(b)   provide information on how the entitlements and arrangements available under the legislation are being used in practice, including statistical information on the number of men and women using them;

(c)   provide information on the trends in the average number of hours worked by men and women, and on any measures taken to address excessive overtime work which is an obstacle to reconciling work and family responsibilities.

4. Part-time work. The Committee notes the adoption of the Act on the Protection, etc. of Fixed-term and Part-time Workers (Act No. 8074 of 21 December 2006) which prohibits discrimination against part-time workers and fixed-term workers based on their employment status. The Committee notes that section 7(1) of the Act provides that employers hiring regular workers shall make efforts to hire on a preferential basis part-time employees who are already engaged in the same or similar kind of jobs in the enterprise. Section 7(2) provides that the employer shall make efforts to allow full-time employees to become part-timers if such a request is made by a worker “on account of household duties, studies or other reasons”. The Committee requests the Government to provide information on the practical application of the Act and its impact on workers with family responsibilities, including information on how it has facilitated the moving of workers with family responsibilities from full-time work to part-time work, and vice versa.

5. Article 5. Child and family services or facilities. The Committee notes that a survey carried out in March 2007 showed that childcare concerns were identified by the highest number of respondents as a major obstacle to female participation in the labour market (CEDAW/C/KOR/Q/6/Add., 4 June 2007, page 18). It also notes that the Government has taken measures to expand financial support to parents for childcare purposes, and to increase the number of childcare facilities. The Committee requests the Government to continue to provide information on the progress made in providing appropriate childcare facilities and services, including public facilities, to workers with family responsibilities. Please provide statistical information on the number of facilities operating and their capacity.

6. Article 6. Public information and education. The Committee notes the establishment of the Gender Equality Promotion and Education Institute. Please continue to provide information on public information and education activities undertaken to promote a broader understanding of the principle of gender equality and the requirements of workers with family responsibilities.

7. Part IV of the report form. The Committee requests the Government to provide information on relevant judicial or administrative decisions that involve questions relating to the provisions of the Convention.