Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - République de Corée (Ratification: 1998)

Autre commentaire sur C111

Observation

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The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) received on 18 July 2022 and those of the Federation of Korean Trade Unions (FKTU) received on 8 September 2023. It also notes the observations of the Korea Employers’ Federation (KEF), communicated by the Government on 5 October 2023, together with the comments of the Government on KEF’s and FKTU’s observations.

Articles 1 and 2 of the Convention. Protection against discrimination. Legislation and practical measures. The Committee notes that the National Human Rights Commission of Korea (NHRCK) attended the 53rd session of the United Nations (UN) Human Rights Council (UNHRC) (July 2023) and expressed concern that the Government had not accepted key recommendations of the international community, including the enactment of a comprehensive anti-discrimination law. The Committee also notes that, in November 2022, in the context of the Universal Periodic Review (UPR) conducted under the auspice of the UNHRC, the Government indicated that bills on the comprehensive anti-discrimination act were presented to the National Assembly several times since 2007 but failed to be discussed due to social controversies over inter alia the reasons for anti-discrimination, and ended up being withdrawn or denunciated (A/HRC/WG.6/42/KOR/1, 15 November 2022, paragraph 68). In that report and in the report addressed to the Committee, the Government specifies that four comprehensive anti-discrimination bills were presented to the 21st National Assembly which held a public hearing in May 2022 on the matter and that the Government will support the legislative discussion of those bills. Concerning the measures taken to fight discrimination in practice, as well as to raise awareness of these issues among the population, the Government indicates, inter alia, that: (1) the Gender Equality Committee, who reports to the Prime Minister, monitors the implementation of the third Basic Plan for Gender Equality Policy (2023–27); (2) under the Framework Act on Gender Equality and the Gender Impact Analysis and Assessment Act, directors of central administrative institutions and regional government organizations must conduct “gender impact assessments” to be reviewed by the Minister of Gender Equality who can provide recommendations for improvements and offer support; (3) in May 2021, the Equal Employment Opportunity and Work-Family Balance Act was amended so that workers victims of discrimination, including gender discrimination in employment, can file a request with the Labour Relations Committee; (4) in December 2021, the Act on Promotion of Economic Activities of Career-interrupted Women was amended and renamed as Act on the Promotion of Economic Activities and Prevention of Career Interruption of Women so that the Government is not only supporting the reemployment of women with career interruptions but pre-emptively providing “career interruption prevention services”; and (5) the NHRCK established a Human Rights Education Centre delivering free human rights education to all, including on discrimination. Finally, the Committee notes the Government’s indication that the number of participants to multiculturalism education, delivered online and offline, reached 189,863 in 2021 and 270,496 in 2022. It also notes that the next survey on the level of acceptance of multiculturalism among teenagers and adults will be caried out in 2024. The Committee asks the Government to: (i) keep it informed of the progress towards the adoption of a comprehensive anti-discrimination legislation, ensuring that its provisions cover, as a minimum, all the grounds enumerated in Article 1(1)(a) of the Convention; (ii) continue to provide information on measures taken to fight discrimination in practice, as well as to raise awareness of these issues among the population; and (iii) communicate information on the results of the next survey regarding acceptance of multiculturalism among the population, including statistics and any follow-up given to the results of the said survey.

Harassment at work. The Committee recalls that article 76-2 of the Labour Standards Act (Prohibition of workplace harassment) states that “No employer or employee shall cause physical or mental suffering to other employees or deteriorate the work environment beyond the appropriate scope of work by taking advantage of superiority in rank, relationship, etc. in the workplace (hereinafter referred to as ‘workplace harassment’)”. It welcomes the Government’s indication that amendments to the Labour Standards Act adopted on 24 March 2021 (entered into force on 14 October 2021) impose fines in cases where an employer (and employees who are relatives of the employer) harass anyone at the workplace or fail to fulfil the obligation to conduct investigation and take measures in the case of harassment. These amendments also inserted a provision on confidentiality to strengthen the effectiveness of the system and to prevent secondary damage (articles 76-2, 76-3, 109 and 116). The Committee notes, however, that, as noted in its previous comment, these provisions still do not apply to workplaces with fewer than five workers. It also notes that, according to the translation provided by the Government, article 76-3, paragraph 5, provides that “where the occurrence of workplace harassment is verified”, the employer shall “take the necessary measures, such as taking disciplinary measures against the perpetrator of workplace harassment or transferring his or her place of work”. The Committee understands from the text of this provision that disciplinary actions are not systematically imposed on perpetrators of harassment at work and that a transfer to another workplace may be considered sufficient. With regard to the above, the Committee recalls that a number of features contribute to addressing discrimination and promoting equality, among which: covering all workers; and providing dissuasive sanctions and appropriate remedies, etc. (see 2012 General survey on the fundamental Conventions, paragraph 962). The Committee further notes the Government’s indication that, since 2019, it has implemented various campaigns related to workplace harassment prevention and produced educational materials and videos. The Government adds that, during the period from 16 July 2019 to 30 April 2023, a total of 26,955 workplace harassment cases were reported and the Government conducted “workplace improvement guidance” for 3,126 cases to assess whether these workplaces were compliant with the law. Finally, the Committee notes the Government’s statement, in the above-mentioned UPR report, that in 2022 the NHRCK established an “officer position and the committee responsible for investigation, corrective measures and policy recommendations concerning human rights violation and discrimination in the military”. It added that, “for the fundamental improvement of the military culture, it has been developing and operating various programs and gender-sensitive education courses reflecting the job characteristics of military ranks” (A/HRC/WG.6/42/KOR/1, paragraph 12). The Committee asks the Government to indicate if disciplinary measures are compulsory or optional when workplace harassment has occurred and provide information on the application in practice of article 76-3 of the Labour Standards Act. Please also provide information on: (i) any progress in expanding the scope of protection from harassment to workplaces with fewer than five workers; (ii) the activities of the NHRCK’s officer and committee dealing with harassment within the military; and (iii) the number of cases of workplace harassment based on the grounds prohibited by the Convention have been reported to relevant authorities and of cases dealt with by the courts, their outcome and the penalties imposed.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Legislative developments and practical measures. The Committee notes the information provided by the Government according to which: (1) following the amendments of 12 January 2021 to the Act on the Prevention of Sexual Violence and Protection of Victims, not only victims but also individuals who report incidents of sexual violence are strictly protected from reprisal (article 8); and (2) the May 2021 amendments to the Equal Employment Opportunity and Work-Family Balance Assistance Act introduced the Gender Discrimination in Employment Correction System, overseen by the Labour Relations Commission with investigative powers (in effect since May 2022). It also notes that, according to articles 14 and 93 of the Labour Standards Act, an employer who employs ten or more regular employees shall establish a workplace sexual harassment prevention guideline to be posted where workers can read it or make it available at all times. In addition, the Ministry of Employment and Labour proposes Standardized Employment Rules (revised annually) encompassing sexual harassment issues and a model of Workplace Sexual Harassment Prevention Guidelines. Regarding the military, the Committee further notes the Government’s statement, in its UPR report, that it organized a private-public-military joint committee to prevent sexual abuse in the military in 2021 and drafted recommendations for the prevention of sexual abuse in the military and victim protection and support. In 2022, it established organizations for the prevention of and response to sexual violence to deal with relevant cases and, in order to protect and support victims, the number of sexual grievance counsellors in the military was increased (A/HRC/WG.6/42/KOR/1, paragraph 12). The Committee asks the Government to continue to provide information on the measures adopted and implemented to effectively address the issue of sexual harassment for all workers (both in a regular and irregular situation, in the public as well as in the private sector, including in micro, small and medium enterprises) and to provide information on any amendments to existing legislation or legislative or policy development in this regard.

Discrimination based on sex and employment status. The Committee notes that the Government, recognizing that women are often concentrated in non-regular (for example part-time, temporary or dispatched workers) and low-income jobs, indicates that it has expanded vocational education and training opportunities in promising sectors, such as the information technology and bio-industry. The Committee also notes the information provided by the Government, in reply to its previous comment, that by December 2021, the conversion of non-regular positions to regular positions in the public sector was decided for 203,199 workers and completed for 197,866 of them (it was, respectively 195,570 and 180,594 in May 2020). The Government: (1) revised the guidelines on stable employment and the protection of working conditions of fixed-term employees to induce private companies to voluntarily improve their employment structure; (2) includes discrimination against non-regular workers as a mandatory category in labour inspections and takes corrective actions; and (3) set up a group of experts to provide a diagnosis on employment structure and consult workplaces on employing non-regular workers in 2021 (A/HRC/WG.6/42/KOR/1, paragraph 25). The Committee also notes the KEF’s observations that it would be essential to consider the adverse impact of converting non-regular workers to regular workers without mitigating the current excessive employment protection for the latter. The Government adds that, following the above-mentioned amendments to the Equal Employment Opportunity and Work-Family Balance Assistance Act in May 2021, 26 cases regarding employment-related gender discrimination and 130 cases regarding discrimination linked to employment status were filed with the Labour Relations Commission (up to 31 December 2022). The Committee notes that, among these cases, 8 out of 26 (30.8 per cent) and 34 out of 130 (26.2 per cent) gave rise to corrective orders, while respectively 2 and 12 cases (7.7 and 9.2 per cent) were settled through mediation. The rest (i.e., respectively, 61.5 and 64.6 per cent) were either dismissed or withdrawn. The Committee asks the Government to continue to provide information on: (i) the progress achieved regarding the conversion of non-regular workers – in the public as well as in the private sector – into regular workers, including statistics disaggregated by sex on the number of workers concerned and their proportion among the overall number of workers; and (ii) the number of cases submitted to the Labour Relations Commission and their outcome. Please also submit information on the conclusions of the group of experts established to provide a diagnosis on the employment structure.

Migrant workers. The Government states that it conducts approximately 3,000 guidance and inspection visits per year to workplaces employing workers under the Employment Permit System (EPS), as well as labour relations education for employers on working conditions of foreign workers. It also details the support services offered to migrant workers in Korea, such as interpretation services at employment centres and hotlines and translation of information documents into various foreign languages. The Committee notes the Government’s indication that the NHRCK adopted the second edition of the Guidelines on the Human Rights of Migrants in December 2019 which is based on the following ten guiding principles: (1) prohibit racial discrimination and secure rights for migrants to be equally respected; (2) enhance accessibility to remedy procedures; (3) strengthen fairness in procedures and decision-making related to refugee recognition and improve refugee treatment; (4) ensure the right to work for migrants under fair and favourable conditions; (5) improve systems and enhance management inspections for the human rights of vulnerable migrant workers; (6) provide medical services for migrants without any discrimination; (7) build an indiscriminate social security system, such as protection for at-risk migrants; (8) prioritize children’s welfare in migrant polices; (9) protect the human rights of migrant women and reflect gender perspective to migrant policies; and (10) minimize their confinement and establish alternative humanitarian measures. The Government also affirms to pay particular attention to accommodation of migrant workers, although for the agriculture, livestock and fisheries sectors, several amendments to the Guidelines for Improving Living Conditions were adopted in 2021 to consider employers’ demands for flexibility (such as using “business or management buildings” as dormitories). The Government states, however, that it intends to carry out a “comprehensive inspection of living conditions” in the agricultural sector by the end of 2023 to verify that the living facilities are in line with the standards specified in the guidelines. It pledges to enforce administrative measures if deemed necessary. The Committee requests the Government to continue providing information on: (i) measures taken to improve the protection of migrant workers against discriminatory treatment, their access to justice and to decent living conditions; (ii) statistics on the number of complaints filed and their outcome; and (iii) progress achieved through the implementation of the Guidelines on the Human Rights of Migrants, the fourth Basic Plan based on the Framework Act on Treatment of Foreigners Residing in the Republic of Korea or any other relevant policy document adopted in the meantime.

Discrimination based on race, colour and national extraction. The Committee welcomes the detailed information provided by the Government in reply to its general observation of 2018. In addition to the above-mentioned fourth Basic Plan based on the Framework Act on Treatment of Foreigners Residing in the Republic of Korea and the first Basic Plan for the Protection and Promotion of Cultural Diversity (2021–24), the Committee notes the adoption, on 27 April 2023, of the fourth Basic Plan for Multicultural Family Policy (2023–27). It also notes the Government’s indication that a social consultative body consisting of various stakeholders was established to address discrimination based on race, skin colour and country of origin, and geared towards safeguarding the rights of foreigners, promote their interests, and handle grievances. The Committee asks the Government to provide information on: (i) the measures taken to protect all workers from discrimination based on race, colour or national extraction; and (ii) the implementation progress and evaluation of the above-mentioned basic plans.

Article 1(1)(b). Additional grounds of discrimination. Age and disability. The Committee notes the Government’s indication that, from August 2020 to June 2023, it monitored annually age-based discrimination in recruitment and employment, targeting major internet job portals. In 2022, 1,177 violations were detected, 822 warnings issued, 346 corrective orders made, and 9 legal actions initiated. The Government produced brochures and television and internet ads to raise awareness on the issue. The Committee also welcomes the ratification by Korea, on 15 December 2022, of the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities. It also notes the information provided by the Government regarding the number of cases handled by the NHRCK between August 2020 and May 2023 and notes that only 6.6 per cent of cases regarding age (15 out of 226) and 10.3 per cent regarding disability (23 out of 224) were accepted. This seems to suggest that workers alleging discrimination based on age or disability still have difficulties effectively exercising their rights and accessing effective remedies. The Committee asks the Government to continue providing information on the number of cases relating to discrimination in employment based on age or disability and on any initiative taken to address efficiently the issue of victims’ access to justice in such cases.

Article 2. Equality of opportunity and treatment for men and women. Policy developments. The Committee notes the Government’s indication that it conducted various activities to improve awareness regarding gender discrimination, including media education and campaigns, monitoring influential mass media, and targeting broadcasters, journalists and the general public. Fourteen tailor-made gender equality education contents were developed to suit the characteristics of different target groups, with a view to promote a culture of gender equality in society. The Committee notes, from the Government’s UPR report, that: (1) it requires business operators to submit the status of male and female workers and managers every year “to induce them to voluntarily fulfil the female employment standards”; (2) it operated a mentoring program for young women to help them explore alternative career paths; and (3) it increased the number of employment support institutions for women. The Government adds that, as a result of establishing and managing a plan to enhance female representation in the public sector (2018–22), it achieved 10 per cent of executives, 24.4 per cent of directors, and 22.5 per cent of executives in public institutions as of 2021. In the private sector, it implemented a gender-balanced and inclusive growth partnership project to improve gender balance within companies, providing voluntary agreements, research, and consultation to support the enhancement of gender equality. As a result, the ratio of female executives in listed corporations increased from 4 per cent in 2019 to 5.2 per cent in 2021 (A/HRC/WG.6/42/KOR/1, paragraphs 32–34). The Committee notes that these figures remain extremely low and reveal a persistent high level of gender segregation in employment and occupation, which “voluntary” measures might not be able to correct. The Committee also notes that, according to KCTU’s observations, in 2020 the employment rate of men and women was, respectively, 69.8 per cent and 50.7 per cent (that is, namely a 19.1 points gap) whereas according to the Organisation for Economic Co-operation and Development (OECD), in 2021, it remained at 70 per cent and 51.2 per cent respectively (a 18.8 points gap) (OECD Economic Surveys: Korea 2022). KCTU also points to the repercussion this situation has on the gender pension gap, with many women failing to meet the minimum eligibility period for receipt of a pension (10 years) due to career interruption (often linked to childbirth). KCTU states that, as of June 2021, the ratio of the National Pension System recipients to the whole population aged 65 or more was 83.4 per cent for men and only 35.2 per cent for women. The Committee asks the Government to provide: (i) information on measures taken to improve the situation as regards equality of opportunity and treatment for men and women in employment and occupation; and (ii) statistical data on the distribution of men and women in various types of economic activity and occupations.

Article 3(d). Participation of women in the police force. The Committee notes the Government’s indication that the target of 15 per cent of women police officers by 2022 was reached (15.1 per cent) and that the ratio of women in the annual number of newly hired police officers is between 20 and 25 per cent (it was 25 per cent in 2018 according to the Government’s last report). The Committee notes that the Government does not communicate on targets set for the coming years nor on the ratio of women in various positions of the police force (in its previous comment, the Committee had noted that it did not exceed 6 per cent for inspectors and higher positions). It also notes that the relatively low ratio of women in recruits (20–25 per cent) is likely to hinder significative progress in the overall ratio. The Committee notes the Government’s indication that, in order to avoid gender discrimination arising from separate recruitment systems, the police force is promoting an integrated recruitment process that encompasses both men and women. It should be fully implemented by 2026, including for police officers. Finally, the Government indicates that efforts are being made to improve work-life balance and create a supportive childbirth and childcare-friendly environment for public officers. The Committee asks the Government to continue providing information on the measures taken, including affirmative action measures, to reach a more equal representation of men and women in the police force, including at senior level, and to help improve the work–life balance for police officers. Please provide statistical information on the results achieved in both recruitment and number of women in the police force, by grade and/or position.