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Workers with Family Responsibilities Convention, 1981 (No. 156) - Republic of Korea (Ratification: 2001)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Federation of Korean Trade Unions (FKTU) and the Korea Employers’ Federation (KEF), communicated with the Government’s report, as well as the observations of the Korean Confederation of Trade Unions (KCTU) received on 20 September 2019. It further notes the observations of the KEF communicated with the Government’s supplementary information.

Article 4 of the Convention. Leave entitlements for men and women workers with family responsibilities. Previously, the Committee requested the Government to provide information on the leave entitlements in practice, encouraged the Government to continue to take proactive measures so that more men exercise their right to take leave for childcare, and to indicate the results achieved by such measures. It notes that, according to statistics provided by the Government in its reports, the number of recipients of childcare leave continued to significantly increase between 2015 and 2019 (from 87,339 to 105,165 recipients in general and from 4,872 to 22,297 men). However, while the ratio of men among childcare leave beneficiaries significantly improved (from 5.6 per cent to 21.2 per cent in the same period), it remains low. In this regard, the Committee recalls that, previously the Government indicated that the underlying causes of the low number of men taking childcare leave is due to the overall social and employment cultures (such as the long-standing practice of working long hours and fear of what the supervisor or co-workers might think; in addition to the fact that men are still the majority of the primary – if not the only – revenue earner in the family). Consequently, the Committee encourages the Government: (i) to strengthen awareness-raising and education initiatives for both women and men, employers and workers, and society at large, to bring about better understanding of the problems encountered by all workers with family responsibilities and the importance of promoting equality between men and women with family responsibilities as well as facilitate the reconciliation between work and family responsibilities; (ii) to report on the results achieved by measures taken to encourage more men to exercise their right to take leave for childcare; and (iii) to continue to provide information on the leave entitlements, including statistical information, disaggregated by sex, on the number of beneficiaries of such entitlements.

Working time arrangements and part-time work. In its previous comment, the Committee requested the Government: 1) to provide information on the status of the amendments relating to the flexible working hour system and working hour saving system as well as on the implementation of the 2018 amendments to the Labour Standards Act to reduce working hours, the trends in the average number of hours worked by men and women, as well as on any measures taken to address excessive overtime work and its impact on work-life balance; and 2) to indicate the number of men and women using the possibility of moving from full-time work to part-time work, and vice versa, and the measures taken to avoid female concentration in part-time work. The Committee notes the Government’s indication that it supports businesses with less than 300 employees to implement the 2018 amendments to the Labour Standards Act (reducing working hours to 52 hours per week), including through measures adopted in December 2019 to grant a “guidance period” to businesses with 50 to 299 employees and deploying “On-site Support Teams of the Reduced Workweek” at 48 local labour offices nationwide. In this regard, the Committee notes the KEF’s observations that companies would need flexible working hours systems in order to cope with the challenge of implementing the 52 hours work week. The Committee also notes the information provided by the Government on the reduced working hours scheme under the Labour Standards Act. It notes that the number of beneficiaries of reduced working hours during childcare period doubled between 2017 and 2019 (from 2,821 to 5,660) but that men still represent only 13.1 per cent of these beneficiaries (they were 11.4 per cent in 2017 and 14.4 per cent in 2018). The Committee also notes the constant but slow decline of the annual working hours of wage workers in businesses with five regular employees or more (down to 1,978 hours in 2019, i.e. a decrease of 3.6 per cent compared to 2016). It also notes the Government’s indication that it publicizes, through media outlets, the program allowing full-time workers to shift to part-time work when needs arise and then return to full-time work, highlighting that both men and women can convert to part-time work. The Committee notes the Government’s indication that, as the demand for caring services increased due to the COVID-19 pandemic, it temporarily raised the amounts of benefits provided under this system of temporary shift to part-time work. The statistics provided by the Government show that 5,847 persons took advantage of this system as of June 2020, an increase of 83.6 per cent compared to the same month in 2019. The Committee notes, however, that these statistics show a decrease of the proportion of men using this system: in 2019, 17 per cent of beneficiaries were men compared to 27.8 per cent in 2018 (the temporary figure as of June 2020 being at 24.9 per cent). Finally, the Committee notes that a bill to reform the flexible hours system, based on a tripartite consensus reached within the Economic, Social and Labour Council (ESLC), was submitted to the National Assembly on 6 July 2020. The Committee requests the Government to continue to provide statistics on the number of workers, disaggregated by sex, using the switchable part-time work system, and especially the number and proportion of women moving back to full-time employment after using the system to work part-time, and to provide information on the concrete measures taken to avoid concentration of women in part-time work, in the context of reconciling work and family responsibilities. Please provide information on any legislative reform of the system.

Other members of the family. Formerly, the Committee requested the Government to provide information on the application of the family care leave system, including statistics. In this regard, the Committee notes with interest that Article 22-2 of the Equal Employment Opportunity and Work–Family Balance Assistance Act, 2007 was amended as of August 2019 in order to: (1) add grand-parents and grand-children to the list of relatives for which family care leave can be taken; and (2) introduce a second paragraph allowing workers to request “short-term family care leave” for up to ten days per year, one day at a time (the pre-existing “family care leave” provided in the first paragraph of this article being for up to 90 days per year, to be taken by periods of 30 days minimum), with the ten days of short-term leave being deducted from the global annual allowance of 90 days. In the supplementary information provided, the Government states that this type of family care leave was increased from 10 to 20 days per year in September 2020 in response to the COVID-19 pandemic. The Committee notes the Government’s indication that, as family care leave is agreed between the employer and the employee, there is no data in the employment insurance database and it is difficult to obtain specific figures on its usage. It adds that, in case a request for such leave is denied without justifiable reason, the employee may report the case to the Ministry of Employment and Labour, and labour inspectors would decide if the employer violated the law. If the employer fails to prove its case, an administrative fine not exceeding five million won (USD 4,000) may be imposed. However, since the introduction of the family care leave system in 2012, no fine has been imposed. The Committee asks the Government to provide information on the application of the family care leave system and any legislative or policy developments in this regard, including on the increase of family care leave from 10 to 20 days per year.

Article 5. Childcare and family services and facilities. In its previous comment, the Committee asked the Government to continue to provide detailed information on the availability of and accessibility of affordable childcare services and facilities, including their utilization by workers. It notes the information and statistics provided by the Government on the subject, including the fact that the Government runs a Public Notice System for childcare centers with a view to inform parents on the offer of childcare facilities. It also notes that a child care service has been put in place whereby caregivers go to private homes to help families with children aged 12 or less where both parents are working. The Committee asks the Government to continue to provide detailed information, including statistics, on childcare services and facilities, including their utilization by workers.

Article 6. Information and education. The Committee notes the information provided by the Government in reply to its request for information on the actions taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities, and on the way workers’ and employers’ organizations are fully integrated into the development, monitoring and updating of work–family balance measures. It notes the Government’s indication that it carries out consulting services, education programs and public campaigns, offers workplace education and holds family-friendly business management forums. Regional family-friendly councils, created to promote family-friendly practices in society, select issues reflecting local situations and conduct cooperative projects such as organizing joint campaigns and forums, utilizing skilled regional workforce and offering consulting services. As of 2019, 14 councils are operating in 15 cities and provinces. The Committee asks the Government to continue to provide information on the actions taken to promote greater awareness, public understanding and a climate conducive to work-life balance.

Article 7. Vocational guidance and training. The Committee notes that, in reply to the Committee’s previous request, the Government indicates that new job centers for women offer customized training courses in sectors with high demand for workers to women who have taken a career break. It also notes the statistics disaggregated by occupational sector provided.

Article 11. Employers’ and workers’ organizations. In its previous comment, the Committee asked the Government to provide detailed information on the activities of the Public–Private Work-Family Balance Council and its recommendations relating specifically to workers with family responsibilities and to provide a copy of its annual report if any. It notes the Government’s indication that the Council does not publish a report but that it made ten proposals for workplace innovation, in order to promote a culture that values a healthy work-life balance and improve work productivity, among which: reducing unnecessary overtime work, refraining from contacting employees after work, promoting the use of flexible work, promoting a healthy after-work company gathering culture and promoting the use of annual leave. The Committee asks the Government to indicate if, and how, these proposals were implemented and the results obtained, in particular on the percentage of men seizing all these opportunities to participate more equitably in the sharing of family responsibilities. Please provide information on any other initiative taken by the Public-Private Work-Family Balance Council.

Enforcement. In its previous comment, the Committee requested the Government to provide: (1) information on the supervisory authorities and enforcement mechanisms giving effect to the provisions of the Convention, as well as any administrative or judicial decisions relating to the application of the Convention; and (2) information that may enable the Committee to assess how the principles of the Convention are applied in practice and how progress is being made. The Committee notes the information provided by the Government concerning workplace guidance and inspection as well as the handling of reported cases. The Committee asks the Government to continue to provide information, including statistics, on the cases handled by the supervisory authorities and enforcement mechanisms.

The Committee draws the attention of the Government to its general observation adopted in 2019, recalling the relevance, importance and practical usefulness of the principles laid down in the Convention, and its accompanying Recommendation (No. 165), whose aim is to ensure that all workers with family responsibilities – women as well as men – are not disadvantaged in relation to other workers and, in particular, that women with family responsibilities are not disadvantaged in comparison to men with family responsibilities. Recalling the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stressing the importance of the Convention in achieving this goal, the Committee called for member States, and employers’ and workers’ organizations, to strengthen efforts towards specific goals.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 3 of the Convention. National policy. Legislative developments. In its previous comment, the Committee requested the Government to provide information on: (1) the application of the Framework Act on Gender Equality, 2014 as amended, and the Equal Employment Opportunity and Work-Family Balance Assistance Act, 2007 as amended; (2) the concrete measures taken in application of several plans aiming at gender equality in employment and support to workers with family responsibilities; and (3) the family-friendly company certification system, indicating the criteria taken into account and process to award the certification to a corporation. The Committee notes the information provided by the Government in its report, notably the implementation of the Second Basic Plan for Gender Equality Policies (2018–2022) to ensure equal rights and opportunities of men and women and create a society that promotes work-life balance, the setting up of a gender equality committee and yearly implementation plans. It notes with interest that the scope of application of the Equal Employment Opportunity and Work-Family Balance Assistance Act, which used to be limited to businesses with five employees or more, has been extended to all workplaces, except those constituted only by relatives living together and housekeeping employees (article 2 of the Presidential Decree No. 28910 of May 28, 2018), and that the paternity leave, under article 18-2 of the Act, has been extended from five to ten days in August 2019.

The Committee notes the Government’s indication that it has established and implemented the “Women’s Employment Plan” as the Sixth Basic Plan for Equal Employment Opportunities, focusing on three aspects (preventing career breaks, supporting reemployment after a career break and creating a non-discriminatory working environment) with seven major projects and 64 implementation strategies. It has taken measures to increase support and quality of childcare and nursery services and guaranteed workers’ maternal and parental rights by eliminating blind spots in maternity and parental leave (notably by raising the benefits after the first three months of childcare leave, up to 50 per cent of the ordinary wage, and allowing workers who have worked for less than one year to take childcare leave). It also promoted family-friendly business management by raising public awareness on the issue, enhancing support and guidance for companies to promote work-life balance, strengthening public-private cooperation and promoting a culture of leaving work on time. According to the Government, the results of a 2018 implementation monitoring survey show enhanced support for childcare and the spread of a ‘work-life balance’ culture. The Government introduced child benefit in the amount of 100,000 won per month (US$80) for families in the bottom 90 per cent of income-earners and expanded the childcare support infrastructure (12 new community childcare centres, 574 public kindergartens and 238 public childcare centres). It also improved the childcare support system, notably for vulnerable families, by upgrading in-home childcare services and increasing childcare expense support for single-parent families. Finally, it raised the ceiling for father’s childcare leave bonus schemes and increased the income replacement rate of benefits for reduced working hours during childcare periods (up to 80 per cent); implemented a vacation support program for workers and encouraged more companies to apply for a “family-friendly enterprise certification” (3,833 as of January 2020, compared to 2,807 in 2017). The Committee notes the information provided by the Government on the criteria taken into account and the process to award such certification.

The Committee welcomes such initiatives, as well as the implementation of the Second Basic Plan for the Promotion of Economic Activities of Career-interrupted Women (2015-2018) and the coming into force of the third Basic Plan (2020–2024). The Committee notes that many of these initiatives are geared specifically towards women and that even the names of some of the plans and initiatives reveal the correlation between caregiving duties (especially towards children) and female workers. The Committee wishes to recall that the Convention, and its accompanying Recommendation (the Workers with Family Responsibilities Recommendation, 1981 (No. 165)), have the dual objective of creating equality of opportunity and treatment in working life between men and women with family responsibilities, on the one hand, and between men and women with such responsibilities and workers without such responsibilities, on the other. Where inequalities exist between men and women workers regarding their family responsibilities and where that situation results in restricting the economic activity of women workers only, it would be legitimate to aim measures at women, provided that men are not formally barred from access to such measures should they find themselves in the same circumstances (see General Survey of 1993 on workers with family responsibilities, paragraphs 25 to 29). The Committee also notes the observations made by FKTU and KCTU regarding the fact that family obligations are still overwhelmingly associated with, and carried out by, women and that female workers’ careers are disproportionately impacted.

In view of the above, the Committee requests the Government: (i) to indicate the concrete measures taken to promote equality of opportunity and treatment in employment for men and women workers with family responsibilities as well as between workers with family responsibilities and those without such responsibilities; (ii) to indicate, more particularly, how it is ensured that those family-friendly measures do not reinforce the stereotype predominantly associating family responsibilities to female workers and create a feminization of diverse forms of employment and working arrangements; and (iii) to continue to provide information on any new legislative or policy development with a view to implementing the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Korea Employers’ Federation (KEF), as well as the Government’s reply to the FKTU’s observations, communicated with the Government’s report.

Article 4 of the Convention. Other members of the family. The Committee notes the Government’s indication that article 22-2 of the Equal Opportunity and Work–Family Balance Assistance Act (Act No. 8781 of 21 December 2007, previously called the “Act on the Equal Employment of Both Sexes” or “Equal Employment Act”) was amended in 2012 to introduce the family care leave system. Under the revised article 22-2, the employer shall grant the request for leave to take care of a family member who is ill, injured or old, with the following exceptions: in cases prescribed by Presidential Decree, such as where it is impossible to employ a substitute or where the normal operation of business would be significantly hindered (in which case, the employer must justify the refusal in writing and endeavour to take measures such as adjusting working hours, limiting overtime work or other supportive measures). The Committee notes that the exceptional cases where family care leave can be refused are left to the discretion of the employer. The Committee requests the Government to provide information on the application in practice of the family care leave system, including sex-disaggregated information by occupational sector on the number of requests for such leave and the number of, and justification given for, refusals.

Article 5. Childcare and family services and facilities. In its previous comment, the Committee had asked the Government to provide information on the availability and accessibility of affordable childcare services and facilities and to indicate how it ensures that sufficient public childcare services are provided and that the cost incurred by employers in order to provide childcare facilities does not adversely affect the employment of workers with family responsibilities. The Committee notes the Government’s statement that, as of 2013, it provided parents with free childcare service (for parents using childcare centres) and expanded childcare support (for parents taking care of their children at home) for any household with children under 5 years of age, regardless of their income level. According to a 2015 survey, childcare and education costs per child had declined by 41 per cent compared to 2012. The Committee also notes the Government’s indication that, as of late 2015, childcare centres welcomed 56.2 per cent of the total number of infants, which meant that 81.1 per cent of childcare centre placement needs were covered. The Government supports employees in balancing work and family life by providing subsidies to employers to cover the cost of building and operating workplace childcare facilities. As of June 2016, there were 855 workplace childcare centres and 2,410 enterprises benefiting from workplace childcare subsidies. In order to increase childcare benefits for employees of small and medium enterprises (SMEs), it also supports the establishment of joint workplace childcare centres for SMEs within industrial complexes (24 centres in operation at the time of the report). The Committee asks the Government to continue to provide detailed information, including statistics, on the availability of and accessibility to affordable childcare services and facilities, including their utilization by workers.

Article 6. Information and education. The Committee notes the Government’s indication of the actions taken to promote greater awareness, public understanding and a climate conducive to a better work–family balance, such as the establishment, in 2016, of the Public–Private Work–Family Balance Council, the production of messages on work–family balance and their dissemination through video-clips, television, radio, advertisements and the Minister’s contributions to newspapers, online promotions, public transports, as well as through a casebook on the use of paternity leave and reduced hours during childcare periods and quarterly press releases on the use of these measures. The Committee also notes the FKTU’s observations that there is a low linkage between job training and employment; that only 10 per cent of women with career breaks use the new job centres which fail to provide professional employment services due to the lack of human resources, low wages and employment insecurity; and that workers’ demands are not properly taken into account in the Government-led governance system. The Government replies to FKTU’s observations that women whose careers have been interrupted find it hard to return to the labour market due to the duration of the break (9.2 years on average) and that they tend to prefer jobs in education or the social welfare service sector which enable work–family balance in addition to part-time jobs. It states that it is continuously increasing the number of new job centres, making efforts to adapt them to demand and that the satisfaction level of users is high. It recalls that workers’ views have been fully reflected in policies as workers’ organizations participate in regional Public–Private Work–Family Balance Councils and that, at the national level, the Council is coordinating with them. Finally, it indicates that private companies have also established, in 2014, the Task Force on Gender Parity and Empowerment of Women, a private consultative body which is composed of private businesses, public institutions and government agencies wanting to practice work–family balance on a voluntary basis. The Committee requests the Government to continue to provide detailed information on the actions taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities, including stereotyping with respect to family responsibilities. It also asks the Government to provide information on the way workers’ and employers’ organizations are fully integrated into the development, monitoring and updating of work–family balance measures.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that the practical application of article 19-6 of the Equal Opportunity and Work–Family Balance Assistance Act, as amended, and article 10 of the Act on the Promotion of the Economic Activities of Career-Interrupted Women (No. 9101 of 2008), as amended, has been ensured through, on the one hand, a Program to Support Return to Work from Childcare Leave (as of February 2016), under which employers may receive support to set up training courses for employees to return to work after taking childcare leave, and, on the other hand, the establishment of new job centres for women across the country. It notes the information provided on the number of beneficiaries and courses offered, including new professional education and training courses in order to help women whose careers have been interrupted to secure decent work in new fields of activity. In its previous comment, the Committee asked the Government to indicate how it ensures that the measures applying the Convention are available to men and women workers with family responsibilities on an equal footing. The Committee notes the Government’s statement that no information is available in this regard. The Committee recalls that it considers that measures addressing the needs of workers with family responsibilities should be available to men and women workers on an equal footing. The Committee underlines the importance of regularly evaluating the effectiveness of programmes aimed at assisting all workers, men and women, to reconcile work and family responsibilities. The Committee asks the Government to continue to provide information on measures taken to offer vocational guidance and training to both men and women workers with family responsibilities, including statistics disaggregated by sex and occupational sector.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. National policy. Legislative developments. The Committee notes with interest the adoption of a new Framework Act on Gender Equality (Act No. 12698 of 28 May 2014), in particular article 24(3) and (4) (support to workers whose career is, or may be, impacted by pregnancy, childbirth or childcare); article 25 (guarantee of rights related to maternity and paternity); article 26 (measures for a harmonious work–family balance); and article 35 (calling for democratic and gender-equal family relationships); as well as the amendments to the Equal Opportunity and Work–Family Balance Assistance Act (Act No. 8781 of 21 December 2007, previously called the “Act on the Equal Employment of Both Sexes” or “Equal Employment Act”) in 2012, 2014, 2015 and 2016 in relation, inter alia, to the formulation of a basic plan for the realization of equal employment for both genders and work–family balance every five years (article 6-2); maternity leave benefits (article 18); paternity leave (article 18-2); childcare leave (article 19); reduction of working hours and other measures to support the worker during the period of childcare (articles 19-2 and 19-5); support by employers to workers who return to work after leave or a reduction of working hours in relation to family responsibilities (article 19-6); support for family care of workers, including prohibition of dismissal or discrimination against workers on the ground of family care leave, and inclusion of the period of family care leave in the period of continuous service (article 22 2); and penalty provisions and administrative fines (articles 37 and 39).

In its previous comment, the Committee asked the Government to provide information on the practical application of the Act on the Promotion of the Economic Activities of Career-Interrupted Women (No. 9101 of 2008) and the Act on the Promotion of Creation of Family-friendly Social Environment (No. 8695 of 2007), as well as the Second Basic Plan for Healthy Family (2011–15) and the Second Basic Plan on Low Birth Rate and Aging Society (2011–15), in the context of workers with family responsibilities, and on the process of enacting the Smart Work Promotion Bill. The Committee notes the Government’s indication that the latter bill was not adopted by the National Assembly and has been abandoned. It also notes that, in accordance with the Career-Interrupted Women Act, Basic Plans to Promote the Economic Activities of Career-Interrupted Women were established and implemented for the periods 2010–14 and 2015–18, with a particular focus on the prevention of career-breaks for employed women, the promotion of the re-employment of women whose careers had been interrupted, the reinforcement of childcare infrastructure and the establishment of a work–family balance environment. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations on the eighth periodic report of the Republic of Korea welcomed the adoption, inter alia, of the Second Basic Plan for Gender Equality Policies (2018–22) (CEDAW/C/KOR/CO/8, 14 March 2018, paragraph 5(b)). It also notes that the Ministry of Gender Equality and Family (MOGEF) informed the CEDAW, during the presentation of the Republic of Korea’s eighth periodic report on 22 February 2018, of the adoption of the Sixth Basic Plan for Gender Equal Employment (2018–22). The Committee notes that one of the six major projects of the Second Basic Plan for Gender Equality Policies concerns the creation of social infrastructure for work–life balance by strengthening social responsibility for care-giving, guaranteeing working parents’ maternal and paternal rights and fostering a family-friendly culture in the workplace. The Government underlines that it created 150 new job centres for women (as of July 2016) offering women whose careers had been interrupted customized employment support services such as employment counselling, vocational education and training, internships, job placement and follow-up management; and carried out two surveys on the actual status of economic activities of women whose careers had been interrupted with a view to collect statistical and policy data to inform new policies, including re-employment support. Under the Second Basic Plan for Healthy Family and the Second Basic Plan on Low Birth Rate and Aging Society, the Government selected key policy tasks such as childcare support (providing such support to more households, establishing and expanding cooperative childcare activities and spaces and operating after-school childcare services), capacity-building support for various types of families (including unwed mothers), building a family-friendly environment by expanding flexible work arrangements at public institutions and encouraging the use of childcare leave (including paternity leave), and introducing the “Father’s Month” incentive whereby if both parents take childcare leave in turn for the same child, the benefits for the second person taking childcare leave is increased to 100 per cent of the ordinary wage for three months (up to 1.5 million South Korean won). The Committee also notes the Government’s statement that it provided free childcare service for all groups of persons with infants, strengthening social responsibilities for childbirth and childcare, including by lowering the financial burden for child rearing for any household. According to the Government, the number of children covered by subsidies for childcare centres costs rose from 680,000 in 2006 to 1.48 million in 2014, and the number of children covered by child-rearing subsidies went from 680,000 in 2009 to 1.01 million in 2014. According to statistics available on the website of MOGEF, 63,546 families were using child-care services in 2017, in an increase 3.8 per cent compared to 2016 (61,221 families).

With regard to the family-friendly company certification system under the Act on the Promotion of Creation of Family-friendly Social Environment, the Committee welcomes the significant increase in the number of family-friendly certified corporations, from 1,363 as of December 2015 according to the Government’s report to 2,802 in 2017 according to statistics from MOGEF. The Government indicates that family-friendly certified corporations receive extra points in qualification assessment for government procurement as well as various benefits for bank investments and loans.

Welcoming these positive developments, the Committee requests the Government to provide information on the application, in practice, of the Framework Act on Gender Equality, 2014 (Act No. 12698), as amended, and the Equal Opportunity and Work–Family Balance Assistance Act, 2007 (Act No. 8781) as amended. Noting the adoption of several plans aiming at gender equality in employment and support to workers with family responsibilities, the Committee also requests the Government to provide information on the concrete measures taken in application of these plans, the categories and number of workers benefiting from these measures and the results obtained. The Government is also requested to continue to provide information on the family-friendly company certification system, indicating the criteria taken into account and process to award the certification to a corporation.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes the statistics on the recipients of childcare leave provided by the Government. While welcoming the significant increase, between 2011 and 2015, in the number of recipients (plus 50.2 per cent in general and plus 247.5 per cent for men) and in the financial amount of benefits provided (plus 124.3 per cent in general and plus 376 per cent for men), the Committee notes that, in 2015, men represented only 5.6 per cent of the childcare leave beneficiaries (i.e. 4,872 men out of 87,339 beneficiaries in total; the Government indicating that this ratio went up to 7.4 per cent in the first half of 2016) and only 4.4 per cent of the total amount of benefits received (it was, respectively, 2.4 per cent of beneficiaries and 2.1 per cent of benefits received in 2011). In its previous comment, the Committee requested the Government to indicate the underlying causes of the low number of men taking childcare leave and to take measures to promote the exercise of childcare leave particularly by men. It notes the Government’s explanation that this is due to the overall social and employment cultures, such as the long-standing practice of working long hours and fear of what the supervisor or co-workers might think. In addition, men are still the majority of the primary – if not the only – revenue earner in the family and some households may find it difficult to maintain their standard of living if the father takes childcare leave. The Government emphasizes that it has intensively promoted the need for paternity leave through the public–private work–family balance council and that the number of persons joining the “Father’s Month” system (explained above), which it adopted in 2014 and extended to three months in 2016, grew 3.4 times between 2015 and 2016. The Committee also notes that the following provisions to the Employment Opportunity and Work–Family Balance Assistance Act have been amended: article 18-2 to provide up to five days of paternity leave (three days paid); article 19(1) to raise the age limit of children, including adopted children, for purposes of determining parent’s eligibility for such leave, to under the age of 8 years; and article 19(5) in order, according to the Government, to protect fixed-term and temporary agency workers’ right to childcare leave. In this regard, the Committee brings the attention of the Government to the concluding observations of CEDAW which recommended it continue to conduct awareness-raising campaigns and expand benefits, such as by raising the benefit level for maternity and paternity leave so as to enhance the incentives to share child-rearing responsibilities between parents (CEDAW/C/KOR/CO/8, paragraph 39 (c)). The Committee requests the Government to continue to provide information on the leave entitlements in practice, including statistical information, disaggregated by sex, on the number of beneficiaries of such entitlements. It encourages the Government to continue to take proactive measures to encourage more men to exercise their right to take leave for childcare, as well as to indicate the results achieved by such measures.

Working time arrangements. In its previous comment, the Committee asked the Government to provide detailed information on: (i) the use of the flexible working hour system and working hour saving system, including statistical information, disaggregated by sex, on the number of beneficiaries of such systems, as well as the impact of the latter on employment of workers with family responsibilities; and (ii) legislative amendments to provide the right to reduced working time during childcare periods. The Committee notes that the 2012 amendments to article 19-2 of the Equal Opportunity and Work–Family Balance Assistance Act introduced the right to reduced working time during childcare period. It also notes the Government’s statement that amendments are pending in the National Assembly to extend the period during which a flexible working hour system can be put in place (up to six months as from 2024) and introduce a working hour saving system. The Committee notes with interest the adoption, on 28 February 2018, of amendments to the Labour Standards Act (No. 8372 of 2007) in order to reduce the maximum statutory working hours from 68 hours to 52 hours (40 hours a week – the law specifying that the term “week” includes the Saturday and the Sunday – and up to 12 hours of overtime work, with work on holiday or weekend being counted as overtime work) with a gradual implementation according to the number of employees from 1 July 2018 (for workplaces with 300 employees or more) to 1 July 2021 (for workplaces with five to 50 employees, with the possibility for workplaces with less than 30 employees to work an additional eight hours of special overtime until 31 December 2022 if such an agreement is made between the employer and the employee). The Committee recalls that hours of work and the arrangement of working time are of central concern to workers with family responsibilities and that the improvement of working conditions has been found, in practice, to be highly supportive of policies for the promotion of equal opportunities and treatment between men and women in employment. Measures taken in this field, such as the reduction of hours of work, enable workers better to reconcile their work and family responsibilities and encourage men to become more involved in family matters. In addition, it recalls that paragraph 18(a) of the Workers with Family Responsibilities Recommendation, 1981 (No. 165) calls for the progressive reduction of daily hours of work and the reduction of overtime (see General Survey of 1993 on workers with family responsibilities, paragraphs 131 and 133). The Committee notes the Government’s indication that it has been encouraging companies to reduce working hours by offering financial support to small and medium enterprises and conducting labour inspections in sectors where overtime is common, while raising public awareness and creating a climate for addressing unnecessary long hours and night work. In this regard, the Committee notes the FKTU’s observations that men do more overtime working hours than women, which, in turn, has a significant impact on wages. Overtime compensation affects the practice of working long hours which creates an unequal employment environment with career discontinuity for women and a gender wage gap. The Committee also notes the Government’s reply to FKTU’s observations whereby it underlines that the gender gap in working hours, and the resulting wage gap, is attributable to a culture in which women usually bear more of the burden of childcare than men due to long working hours; and that it addresses the issue by making efforts to expand a business culture favourable to work–family balance. The Committee requests the Government to provide information on the status of the amendments relating to the flexible working hour system and working hour saving system as well as detailed information on their usage. Please also provide information on the implementation of the 2018 amendments to the Labour Standards Act to reduce working hours, the trends in the average number of hours worked by men and women, as well as on any measures taken to address excessive overtime work and its impact on work–life balance.

Part-time work. In its previous comment, the Committee had asked the Government to: (i) indicate how the Fixed-term and Part-time Workers Act had facilitated the moving of workers with family responsibilities from full-time work to part-time work, and vice versa, with an indication of the number of men and women using this option and the number of women moving back to full-time work; and (ii) indicate how the issue of female concentration in part-time work is addressed in the context of reconciling work and family responsibilities. The Committee notes that the Government did not provide the required statistical information but that it is promoting “convertible part-time jobs” whereby workers may choose to work part time for a certain period of time, provided that they go back to full-time employment at the end of the period. The Government is providing employers, offering convertible part-time employment, subsidies to cover their expenses as well as “customized consulting”. In addition, it underlines that the right to reduce hours of work applies equally to men and women, encouraging both parents to work together in balancing work and family. The Committee notes the FKTU’s indication that, whereas women represented 35.4 per cent of regular workers and 53.8 per cent of non-regular workers in 2015, they accounted for 69.2 per cent of part-time workers and that most part-time jobs are not chosen voluntarily and are not properly paid in proportion to hours worked. The FKTU adds that the significant employment segregation by gender in part-time jobs could have a negative impact on the measures against gender-based discrimination, wage levels and career development. In reply, the Government indicates that the female (aged 15 to 64) employment rate has been on an upward trend for several years, reaching 56.8 per cent in July 2016. It states that a survey carried out from April to June 2016 showed that childcare was the main reason for choosing a convertible part-time job and that, during the period of childbirth and childcare, women prefer part-time jobs for work–family balance. The Committee also notes the observations from KEF which, based on statistics from 2015, underlines that the proportion of part-time workers among female wage workers is relatively low by international comparison (15.9 per cent whereas the average for the countries of the Organisation for Economic Co-operation and Development (OECD) was 25.9 per cent in 2015) and that the proportion of female workers among the entire part-time workers was 62.6 per cent (compared to 68.7 per cent for the OECD). The Committee notes however that, according to statistics published on the website of MOGEF, the “part-time women’s employment rate among total women’s employment”, as of August 2017, was 41.2 per cent, and the women’s share of part-time employment represented 55.2 per cent. Recalling, once again, that the assumption that the main responsibility for family care and the household lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the objectives of the Convention, the Committee draws the Government’s attention to its direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests, once again, the Government to indicate: (i) the number of men and women using the possibility of moving from full-time work to part-time work, and vice versa, and the number of women moving back to full-time work; and (ii) the measures taken to avoid female concentration in part-time work, in the context of reconciling work and family responsibilities.

Article 11. Employers’ and workers’ organizations. The Committee notes the information provided by the Government on the “Public–Private Work–Family Balance Council” which operates at both the national and regional level. At the national level, the Council is composed since May 2016 of representatives of the Ministry of Employment and Labour and other relevant ministries such as MOGEF, the Ministry of Welfare and Health and the Ministry of Strategy and Finance, representatives of the KEF, the Federation of Korean Industries, the Korea Chamber of Commerce and Industry, the Korea International Trade Association and the Korean Women Entrepreneurs Association, as well as representatives of the FKTU. It meets once every quarter. The objective of the Council is to monitor how work–family balance has been implemented, share best practices, implement public–private campaigns, understand the demand for better systems and identify and discuss areas for cooperation. At the regional level, the Council is composed, on a voluntarily basis, of heads of regional branches, municipal bodies, labour and management representatives, relevant agencies (such as the new job centres) and experts. It meets once a month. The Committee asks the Government to provide detailed information on the activities of the Public–Private Work–Family Balance Council and its recommendations relating specifically to workers with family responsibilities and to provide a copy of its annual report if any.

Enforcement. The Committee notes the Government’s indication that there is no information available on relevant judicial or administrative decisions addressing discrimination on the basis of family or care responsibilities. The Committee asks the Government to provide information on the supervisory authorities and enforcement mechanisms, including the labour inspectorate and the National Labour Relations Commission, giving effect to the provisions of the Convention, as well as any administrative or judicial decisions relating to the application of the Convention. It also asks the Government to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice, and how progress is being made to address existing inequalities between men and women workers with family responsibilities and between those workers and workers without such responsibilities.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication received on 29 August 2011 from the Korean Confederation of Trade Unions (KCTU), and the observations by the Federation of Korean Trade Unions (FKTU) and the Korea Employers Federation (KEF), annexed to the Government’s report, as well as the Government’s replies received on 30 August 2011 and 26 October 2011.

Other members of the family. The Committee notes section 22-2 of the Equal Employment Act 1987, which provides that, in case a worker needs to take care of his/her family due to the family member’s illness, accident, aging, etc., an employer shall make efforts to take measures including leave to nurse family, adjustment of starting and closing time of work, limitation on overtime, adjustment of working hours, and other support measures. It also notes the Government’s indication that currently, the amendment of the Act is being pursued so that the employer may not reject the request of a worker for leave to take care of sick family members unless the employer has reasons prescribed under the law. The Committee asks the Government to provide information on the process of amendment in order to provide the right to leave for taking care of sick family members.

Information and education. The Committee notes the Government’s indication that the Ministry of Employment and Labour is engaging in various promotional activities to raise awareness on gender equality to increase the understanding of the general public about equality of opportunity and treatment of male and female workers, and the statistical information on such promotional activities provided by the Gender Equality Promotion and Education Institute. It also notes the Government’s indication that there are plans to strengthen promotional activities to increase the number of men taking childcare leave, and to provide the right to claim working time reduction during a childcare period, however, without any further details. The Committee further notes the comments from the KEF that the use of shorter working time for childcare is very low due to poor publicity. The Committee requests the Government to provide detailed and specific information on the action taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities, including stereotyping with respect to family responsibilities. It also asks the Government to provide information on any awareness-raising activities for workers and employers concerning measures to reconcile work and family responsibilities, including leave entitlements and working time arrangements.

Vocational guidance and training. The Committee notes that section 19-6 of the Equal Employment Act provides that an employer shall make efforts for skills development and enhancement for workers on childcare leave, and to provide support for a worker who completes maternity leave, childcare leave or working hour reduction during the childcare period and returns to work to adjust to work. It also notes that section 10 of the Career-break Women Act 2008 provides that the Minister of Gender Equality may provide support for an organization to provide vocational education and training for career-break women. The Committee considers that measures addressing the needs of workers with family responsibilities should be available to men and women workers on an equal footing. The Committee asks the Government to provide information on the practical application of section 19-6 of the Equal Employment Act and section 10 of the Career-break Women Act. It also asks the Government to indicate how it is ensured that the measures applying the Convention are available to men and women workers with family responsibilities on an equal footing.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication received on 29 August 2011 from the Korean Confederation of Trade Unions (KCTU), and the observations by the Federation of Korean Trade Unions (FKTU) and the Korea Employers’ Federation (KEF), annexed to the Government’s report, as well as the Government’s replies received on 30 August 2011 and 26 October 2011, respectively.

Article 3. National policy. The Committee notes with interest the legislative measures to give effect to the provisions of the Convention, in particular, the adoption of the Act on the Promotion of the Economic Activities of Career-break Women, etc. No. 9101 of 2008, and the Act on the Promotion of Creation of Family-friendly Social Environment No. 8695 of 2007, as last amended in 2010. It notes that, under the Career-break Women Act, the term “career-break women” is defined as those who want to be employed, among women who have discontinued their economic activities for such reasons as pregnancy, childbirth, childcare or taking care of their family member (section 2); the State and local governments shall establish comprehensive measures to promote the economic activities of career-break women, employers shall make efforts to create a working environment for promoting the economic activities of career-break women (section 3), and the Minister of Gender Equality and Family and the Minister of Labour shall establish a basic plan on the promotion of economic activities of career-break women (section 4). The Committee also notes that, under the Family-friendly Social Environment Act, the State and local governments shall establish and implement comprehensive policies necessary to create a family-friendly social environment (section 3), which is defined as an environment where members of society are able to harmonize work and family life, and the responsibility of raising children and supporting family can be shared at the social level (section 2(1)); employers shall endeavour to create a family friendly working environment (section 4), which is defined as a working environment where a family-friendly system helps workers to harmonize work and family life (section 2(2)); and the Minister of Gender Equality and Family shall formulate basic plans every five years for creating a family-friendly social environment (section 5). With regard to the family-friendly company certification system under the Act (section 11), the Government indicates that 65 companies were granted certification as of the end of May 2011, and that these certified companies are being provided with various incentives such as additional points when evaluating business for government procurement, and a preference is given in loan support for industrial accident prevention facility expenses.

The Committee further notes the amendments to the Act on Equal Employment and Support for Work-Family Reconciliation No. 3989 of 1987, including section 6-2, which provides that the Minister of Labour shall establish a basic plan on the realization of equal employment and the reconciliation of work and family life. In this regard, the Government indicates that it established the Second Basic Plan for Healthy Family (2011–15) and the Second Basic Plan on Low Birth Rate and Aging Society (2011–15), and is making efforts to foster a family-friendly social climate and an environment favourable toward childbirth and childcare. The Government further indicates that more efforts are being made to foster an environment favourable for workers with dependants by planning to enact the “Smart Work Promotion Act”. The Committee asks the Government to provide information on the practical application of the Career-break Women Act and the Family-friendly Social Environment Act, as well as the Second Basic Plan for Healthy Family (2011–15) and the Second Basic Plan on Low Birth Rate and Aging Society (2011–15), in the context of workers with family responsibilities. It also asks the Government to provide information on the process of enacting the Smart Work Promotion Act. Please also continue to provide information on the initiative to promote family friendly corporate management, including the family-friendly company certification system, and the results achieved.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee had previously noted that the Equal Employment Act 1987 provides childcare leave for a maximum of one year before the child turns three. It notes the Government’s indication that, according to the amendment in February 2010, the child’s age has been extended up to six years of age, and that male and female workers may each take a year of childcare leave, thus amounting to a total of two years for a married couple. The Government indicates that from January 2011, a worker covered by employment insurance has been granted childcare leave of 30 days or more with childcare leave benefits of 40 per cent of the monthly wages; employers are given subsidies to ease the burden due to granting childcare leave or working hour reductions, and to support the use of a substitute workforce. The Committee also notes that section 18-2 of the Equal Employment Act introduced three days paternity leave for a worker whose spouse gives birth. The Government indicates that, under the Second Basic Plan on Low Birth Rate and Aging Society, the Government has drawn up an amendment Bill to change the unpaid paternity leave of three days to paid leave, and if necessary, extend it to 5 days (2 days unpaid). The Committee further notes the statistical information provided by the Government indicating that the rate of childcare leave benefit recipients (men and women) compared to the number of maternity benefit recipients significantly increased from 42.5 per cent in 2008 and 50.2 per cent in 2009, to 55.1 per cent in 2010 (a total of 41,732 workers). However, the statistical information also indicates that less than 2 per cent of the childcare leave beneficiaries are men. The Government states that the number of men taking childcare leave is not high but is rapidly on the rise. In this regard, the Committee notes the comments from the KCTU that, when compared to the number of total newborns, the childcare leave usage rate remains low (7.8 per cent in 2009 and 8.7 per cent in 2010); men’s childcare leave usage rate stands at 2 per cent (out of those who took maternity leave), and when compared to the number of total newborns, it is 0.17 per cent in 2010. In response, the Government indicates that the level of childcare leave benefits has continued to be raised within the available budget and that the Amendment Bill to the Equal Employment Act, which would grant the childcare leave to non-regular workers, was submitted to the National Assembly in September 2011. The Committee asks the Government to continue to provide information on the leave entitlements in practice, including statistical information, disaggregated by sex, on the number of beneficiaries of such entitlements. Noting the very low number of male beneficiaries of childcare leave, and recalling the importance of equitable sharing of family responsibilities between men and women, the Committee asks the Government to indicate the underlying causes of the low number of men taking childcare leave, and to take measures to promote the exercise of childcare leave particularly by men, as well as to indicate the results achieved by such measures. Please also provide information on the progress of adopting the Amendment Bill to the Equal Employment Act.

Working time arrangements. The Committee notes section 19-2 of the Equal Employment Act, which provides that the employer may grant a reduction of working hours instead of childcare leave, if a worker is eligible to ask for childcare leave pursuant to section 19(1) of the Act; according to section 19-5, an employer shall make efforts to take measures including adjusting business opening and closing time, restricting overtime, adjusting working hours and other measures necessary to support childcare or the worker. The Government indicates that the Ministry of Employment and Labour is in the process of seeking to provide the right to reduced working time during childcare periods through the amendment of the Act. In this connection, the Committee notes the statement of the KCTU that, a worker entitled to a reduction of working hours may still work from 27 up to 42 hours a week, thus nullifying the effect of the working-hour reduction. In this regard, the KEF states that the use of the shorter working time for childcare is very low, and employers and workers are not willing to accept a flexible working hour system for fear of losing teamwork and increased workload for co-workers. In response, the Government refers to section 19-3(3) of the Equal Employment Act prohibiting overtime work, but allowing overtime work not exceeding 12 hours a week, if the worker makes an explicit request.

The Committee had previously asked the Government to provide information on any measures taken to address excessive overtime work which is an obstacle to reconciling work and family responsibilities. It notes the Government’s indication that the Working Hours and Wage System Improvement Committee was established and operated to discuss ways to improve practices and systems related to working hours from June 2009 to June 2010, and the tripartite agreement for improving long working hour practices and advancing work culture was adopted in June 2010. The Government states that it devised “comprehensive measures for improving long working hours” in December 2010, and has been carrying out the measures including the flexible working hour system and working hour saving system. It also indicates that it is seeking to adopt flexible working hours at all public institutions. The Committee asks the Government to provide detailed information on the use of the flexible working hour system and working hour saving system, including statistical information, disaggregated by sex, on the number of beneficiaries of such systems, as well as their impact on employment of both female and male workers with family responsibilities and their ability to reconcile work and family responsibilities in practice. Recalling that paragraph 18 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), emphasizes the importance of the progressive reduction of daily hours of work and the reduction of overtime, the Committee also asks the Government to provide information on the process of amendment to the Equal Employment Act with a view to providing the right to reduced working time during childcare periods. Please also 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.

Part-time work. The Committee recalls that section 7(1) and (2) of the Act on the Protection, etc. of Fixed-term and Part-time Workers provides for the moving of workers with family responsibilities from full-time work to part-time work, and vice versa. In this connection, the Committee notes the statement of the KCTU that, while part-time work is promoted by the Government as a priority measure to spread the flexible work system within a variety of childcare working hour reduction systems, female workers account for 74.2 per cent of part-time jobs, which shows that the gender gap in part-time jobs is significant. The KCTU also states that the Government mainly presents female-dominant occupations as jobs suitable for part-time work, aggravating the trends of women taking non-regular jobs, and maintaining that women are mainly responsible for family duties. The Committee also notes that according to the FKTU most public servants working part-time are female, and most of the workers who fill the vacancies due to the shift to part-time work are also women. The Committee notes the Government’s response with regard to the protection of part-time workers and measures supporting companies employing them. The Government indicates that “decent part-time jobs” promoted by the Government are regular jobs, and that the only difference between full-time and part-time workers would be the shorter working hours in order to balance work with family responsibilities. The Committee recalls that the assumption that the main responsibility for family care and the household lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the objectives of the Convention, and draws the Government’s attention to the Committee’s comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to indicate how the Fixed-term and Part-time Workers Act has facilitated the moving of workers with family responsibilities from full-time work to part-time work, and vice versa, with an indication of the number of men and women using this option and the number of women moving back to full-time work. Please also indicate how the issue of female concentration in part-time work is addressed in the context of reconciling work and family responsibilities.

Article 5. Childcare and family services and facilities. The Committee notes the statistical information provided by the Government and the KEF indicating that the number of childcare facilities has increased 30 per cent (23.1 per cent for public facilities) from 29,233 facilities (1,643 public facilities) in 2006, to 38,021 facilities (2,023 for public facilities) in 2010; the capacity of childcare facilities rose 21.6 per cent (19.4 per cent for public facilities) from 1.28 million children (129,000 for public facilities) in 2006, to 1.56 million children (154,000 for public facilities) in 2010; and for the employees at small and medium sized enterprises and smaller businesses, the Government established and has been operating 24 public childcare facilities. The number of government-fostered childcare service providers is likely to increase from around 7,000 persons in 2010 to 10,000 persons in 2011. The Committee further notes that the Enforcement Rule of the Infant Care Act was amended in 2006 to include working married couples who may preferentially use public childcare facilities, thereby increasing the access to childcare facilities for workers. In addition, it notes the Government’s indication that at-home childcare services are provided, and the service was drastically expanded in 2011; the number of households receiving the support is expected to reach 32,000 in 2011, from 13,000 households in 2010. According to the Government, the number of children receiving government support for expenses spent on childcare facilities rose 52.3 per cent from 577,000 children in 2006 to 879,000 children in 2010, and therefore the cost borne by parents is constantly decreasing. With regard to the childcare facilities established by employers according to section 21 of the Equal Employment Act and section 14 of the Infant Care Act, the Committee notes the Government’s indication that, in 2010, the maximum amount of subsidies for workplace childcare facilities and loans was raised, and grants are provided when a new childcare facility is built. The Government indicates that as of the end of 2010, there were 401 workplace childcare centres (total for both private and public).

The Committee notes the statement of the KCTU that childcare policies are mainly aimed at providing childcare grants to low-income families, therefore such policies are not targeting working parents. It also states that only 5.2 per cent of childcare facilities are run by the central and local governments, therefore constant expansion of public centres is needed. Among children using the facilities, 69.2 per cent (795,121) are given childcare benefits, however, when compared to the total preschool children, the figure drops to 29.5 per cent, leaving about three fourths of children without access to the benefits. According to the FKTU, the proportion of public childcare centres has never exceeded the 5 per cent range since 2003. It points out that if the Government continues to take a market-based approach that allows for profit private childcare centres to act as main service providers, the public nature and stability of such a protection scheme will not be guaranteed, and there will be limited control of the cost burdens on service users. Regarding workplace childcare centres, 41 per cent of the workplaces which are required to set up a workplace childcare centre do not fulfil the obligation. In response to the observations by the FKTU, the Government states that it is providing support for the establishment of public childcare centres to ensure the public nature of childcare and to establish childcare infrastructure, and that it has also provided, since July 2011, private childcare facilities that are recognized for their excellence with subsidies for their operation expenses. The Government also adds that subsidies for childcare expenses are provided to all households in the lowest 70 per cent of the income scale, and to the highest 30 per cent, taking into consideration the necessity for childcare; from March 2012, a programme will be introduced providing all households with a five-year-old child with childcare subsidies regardless of their income levels. Recalling the importance of ensuring that family services and facilities meet workers’ needs and preferences, the Committee asks the Government to continue to provide detailed statistical information on the availability of and accessibility to affordable childcare services and facilities including their utilization that would allow the Committee to assess the progress made over time. It also asks the Government to indicate how it is ensured that sufficient public childcare services are provided, and that the cost incurred by employers in order to provide childcare facilities would not adversely affect the employment of workers with family responsibilities.

Article 11. Employers’ and workers’ organizations. The Committee notes the observations by the KEF that several legal reforms have been made rapidly without sufficiently gathering public opinions, and that even company welfare systems, which should be decided by agreement between workers and employers have been legislated. The KEF also considers that the policy is one of overprotection, including the measures in the “Second Basic Plan for the Low Birth Rate and Aging Society”, such as releasing the list of companies which do not install company-based childcare facilities, extending paternity leave to five days, guaranteeing the right to request working time reduction for childcare, introducing family nursing care leave system, and expanding the scope of miscarriage or stillbirth leave. The KEF indicates that strengthened protection regulations can increase the employment cost of female workers and as a consequence, this would be detrimental to female employment. In response, the Government indicates that the Work-Family Reconciliation and Female Employment Promotion Committee, in which workers, employers and the Government participated, was established and operated from November 2008 to October 2009, having collected and discussed views from various groups concerning the issues of work-family balance and female employment. The Committee asks the Government to provide detailed information on the mandate and activities of the Work-Family Reconciliation and Female Employment Promotion Committee. It also asks the Government to provide information on any other measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation. Please also indicate measures taken, with the cooperation of workers’ and employers’ organizations, to ensure that the legislation and its practical application would not have a negative impact on the employment of workers with family responsibilities.

Parts III and V of the report form. The Committee notes the Government’s indication that there is no notable information available on relevant judicial or administrative decisions. The Committee asks the Government to provide information on any cases or disputes handled by courts and the National Labour Relations Commission, involving issues relating to workers with family responsibilities.

The Committee is raising other points in a request addressed directly to the Government.

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. General note on the Convention’s purpose. The Committee notes that the Government’s first report refers almost exclusively to measures intended to prevent discrimination against women, including women with children. The Committee hopes that in its next report the Government will address the wider issues covered by the Convention, including measures to ensure that workers with family responsibilities – whether men or women – do not suffer discrimination as compared to workers without such responsibilities.

2. Article 1 of the Convention. Definitions. The Committee notes from the Government’s report that no legislative definitions of either “dependent child” or “other members of the immediate family who clearly need care and support” exist. The Committee recalls that Article 9 provides that the provisions of the Convention may be applied by laws or regulations, collective agreements, works rules, arbitration awards, court decisions or a combination of these or in any other manner consistent with national practice. The Committee therefore asks the Government to consider whether definitions of dependent child and other members of the family exist in such texts and to provide copies with its next report.

3. Article 2. Excluded categories of workers and branches of activity. The Government reports that workplaces with fewer than five employees are often excluded from the application of legislation relevant to the application of the Convention. The Committee notes in this respect that workplaces employing less than five employees receive no protection under the Equal Employment Act in the areas of wages, training, deployment and promotion, retirement and dismissal and, under the Labour Standards Act, in the areas of severance pay, working hours, extended work, system of extended leave, monthly leave, annual leave and nursing leave.

4. The Committee further notes that: (i) domestic workers are excluded from coverage of both the Equal Employment Act and the Labour Standards Act; (ii) agricultural workers and part-time workers with less than 15 hours work per week are excluded from coverage of the Labour Standards Act in relation to working hours and holiday; (iii) agricultural workers, domestic workers and certain foreign workers are not eligible for benefits under the Employment Insurance Act, including childcare leave and maternity leave; and (iv) “dispatched” workers (i.e. contract workers) are not protected under the equality of treatment provision under the Labour Standards Act.

5. The Committee recalls that the Convention was intended to cover all workers whether in full-time or part-time, temporary or other forms of employment (see General Survey on workers with family responsibilities, 1993, paragraph 46). It was also agreed in the preparatory discussions that the Convention should cover all workers living in a particular country, whether or not they were nationals of that country. Please provide further information on how the Convention is applied to all these categories of workers, currently excluded from the relevant legislation, and whether it is intended that they shall all be covered by the relevant legislation in future.

6. The Committee also requests the Government to provide more information on the proportion and type of foreign workers who are not entitled to the status of sojourn under section 18(1) of the Immigration Control Enforcement Decree and therefore are excluded from childcare and maternity benefits under the Employment Insurance Act. The Committee also requests the Government to provide a copy of the Enforcement Decree to the Equal Employment Act.

7. Article 3. National policy. The Committee notes from the Government’s report the various measures adopted to ensure implementation and acceptance of its non-discrimination policy between men and women workers. The Committee appreciates that these measures are relevant and important, particularly as women tend to be charged primarily with family responsibilities, so programmes undertaken specifically to assist them may be viewed as having a positive effect on the application of the Convention (see General Survey on workers with family responsibilities 1993, paragraph 103). However, the Committee considers that these measures alone do not constitute an explicit, coherent national policy aimed at enabling men and women workers with family responsibilities to be employed without discrimination and to assist them in reconciling their work and family obligations. The Committee recalls that governments should commit themselves to an explicit national policy in the form most appropriate to national conditions which aims specifically at enabling workers with family responsibilities to engage in employment without conflict between their professional and family duties (see 1993 General Survey, paragraph 63). The Committee asks the Government to provide information on the measures it is taking to develop a coherent and coordinated policy whose overall objective is to create equality for men and women workers with family responsibilities.

8. Article 4. Vocational training, working hours and leave entitlements. The Committee notes the positive measures detailed in the report to promote and facilitate women’s access to the labour market in particular through the provision of specialized vocational training. It notes that 48.6 per cent of participants in vocational skill development training were women in 2000 and 47 per cent in 2001. The Committee also notes the statement in the report that the Government has provided assistance to women heads of household to create their own businesses. Please provide more information on the number of women entering or re-entering the labour force following vocational training, and on the numbers of women assisted in setting up businesses. It also asks the Government to clarify whether men, whose family responsibilities may restrict their opportunities for economic activity, have equal access to programmes to promote access to the labour market or create their own businesses.

9. The Committee also notes with concern from the Government’s report under Convention No. 100 that 36.5 per cent of working women and 46.7 per cent of working men worked in excess of 54 hours per week in 2000. This widespread practice of excessive overtime work does not appear compatible with family-friendly policies in the workplace. Although the Committee notes that weekly hours have recently been reduced from 44 hours to 40 hours per week it asks the Government to provide information on the measures it is taking in practice to regulate working hours and to ensure that a better balance is achieved in the workplace between work and family responsibilities.

10. The Committee also notes that the legislation currently does not contain any flexible working hour arrangements for employees to allow them, for instance, to adapt their working hours in order to facilitate the collection of children from school (see 1993 General Survey, paragraph 131). Please indicate any measures to be taken to provide for flexible working time arrangements as a means of implementing family-friendly practices in the workplace.

11. The Committee notes the information in the Government’s report on childcare leave entitlements. It asks the Government to provide statistics on the numbers of men and women exercising their right to childcare leave, and whether such benefits have been paid to men. The Committee also notes that the Government provides employers with incentives to promote the exercise of childcare leave, and asks the Government to indicate any measures taken to encourage the exercise of childcare leave by men as well as women.

12. The Committee has noted that there are no special leave entitlements under either the Equal Employment Act or the Labour Standards Act with respect to responsibilities arising in connection with family members other than children or in connection with sick children (as opposed to young children). The Committee asks the Government to provide more information on the application of the Convention in these contexts.

13. Article 5. Childcare and family facilities. The Committee notes the information on the number of childcare facilities by region. No information was provided, however, on the number of workers with family responsibilities engaged in and seeking employment in those regions, the number and age of children requiring care or the needs and preferences for certain kinds of care. The Committee therefore asks the Government to provide information on the measures it is taking to assess the needs and preferences of workers for childcare and family services and systematically develop such childcare and family services and facilities.

14. Article 6. Public information and education. The Committee notes that the Government conducts information campaigns to promote equal employment. Please provide information on any promotional measures taken to encourage the sharing of family responsibilities between men and women and enable workers with those obligations better to meet their employment and family commitments.

15. Part IV of the report form. The Committee requests the Government to provide copies of court or tribunal decisions that may have involved questions relating to the application of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. General note on the Convention’s purpose. The Committee notes that the Government’s first report refers almost exclusively to measures intended to prevent discrimination against women, including women with children. The Committee hopes that in its next report the Government will address the wider issues covered by the Convention, including measures to ensure that workers with family responsibilities - whether men or women - do not suffer discrimination as compared to workers without such responsibilities.

2. Article 1 of the Convention. Definitions. The Committee notes from the Government’s report that no legislative definitions of either "dependent child" or "other members of the immediate family who clearly need care and support" exist. The Committee recalls that Article 9 provides that the provisions of the Convention may be applied by laws or regulations, collective agreements, works rules, arbitration awards, court decisions or a combination of these or in any other manner consistent with national practice. The Committee therefore asks the Government to consider whether definitions of dependent child and other members of the family exist in such texts and to provide copies with its next report.

4. The Committee further notes that: (i) domestic workers are excluded from coverage of both the Equal Employment Act and the Labour Standards Act; (ii) agricultural workers and part-time workers with less than 15 hours work per week are excluded from coverage of the Labour Standards Act in relation to working hours and holiday; (iii) agricultural workers, domestic workers and certain foreign workers are not eligible for benefits under the Employment Insurance Act, including childcare leave and maternity leave; and (iv) "dispatched" workers (i.e. contract workers) are not protected under the equality of treatment provision under the Labour Standards Act.

10. The Committee also notes that the legislation currently does not contain any flexible working hour arrangements for employees to allow them, for instance, to adapt their working hours in order to facilitate the collection of children from school (see 1993 General Survey, paragraph 131). Please indicate any measures to be taken to provide for flexible working time arrangements as a means of implementing family-friendly practices in the workplace.

12. The Committee has noted that there are no special leave entitlements under either the Equal Employment Act or the Labour Standards Act with respect to responsibilities arising in connection with family members other than children or in connection with sick children (as opposed to young children). The Committee asks the Government to provide more information on the application of the Convention in these contexts.

15. Part IV of the report form. The Committee requests the Government to provide copies of court or tribunal decisions that may have involved questions relating to the application of the Convention.