Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Republic of Korea (Ratification: 1998)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Legislative developments. In its previous comments, the Committee noted that the discussion on the Anti-Discrimination Bill submitted to the National Assembly in December 2007 had been discontinued in May 2008 and a special subcommittee on legislation to prohibit discrimination was set up to review the overall legislation aimed at reducing discrimination. The Committee notes from the Government’s report that the special subcommittee presented its views to the Minister of Justice in which it concluded that it is necessary to enact a framework legislation to prohibit discrimination. The Government however points out that the special subcommittee is only an advisory body giving advisory opinions and the economic and social consequences of enacting such anti-discrimination legislation should be carefully considered. The Committee notes that the Ministry of Justice has also commissioned several comparative legal studies in this respect and several bills dealing with non discrimination were submitted to the National Assembly and discontinued because the term of the 18th National Assembly came to an end. The Committee also notes the observations made by the Korea Employers Federation (KEF), in a communication attached to the Government’s report, according to which separate pieces of legislation to prohibit discrimination against vulnerable persons would allow each law to reflect the unique characteristics of each group while comprehensive anti discrimination legislation could not provide for specific grounds of discrimination and legal remedies and therefore may not be effective. The Committee asks the Government to provide information on the conclusions of the examination by the Ministry of Justice of the need for a framework legislation to prohibit discrimination and information on any legislative developments in this respect, including the consideration of a draft anti discrimination law.

Article 1(1)(b). Additional grounds of discrimination. Age. The Committee notes the detailed information provided by the Government regarding monitoring activities conducted to identify age discrimination in recruitment and hiring. It further notes that from June 2010 to May 2012, 250 complaints regarding age discrimination in employment were submitted to the National Human Rights Commission (NHRC), of which 85 per cent were either rejected or dismissed, whereas no complaint was received by labour inspectors under the Act on prohibition of age discrimination in employment and employment promotion for the aged. With respect to awareness raising, the Committee notes the Government’s indication of a ceremony to mark the week for the employment of the elderly. The Committee asks the Government to increase awareness-raising activities on the prohibition of age discrimination in employment and occupation among workers, employers and their respective organizations as well as labour inspectors, judges and other public officials and provide information on any activities carried out to this effect. The Committee asks the Government to continue to provide information on the enforcement of the Act on prohibition of age discrimination in employment and employment promotion for the aged, not only at the recruitment stage but also in the course of employment. Please also continue to provide information on cases regarding age discrimination dealt with by the labour inspectors, the courts and the NHRC. In this respect, the Committee requests the Government to indicate if the reasons for the high rejection or dismissal rate of age discrimination complaints filed with the NHRC have been analysed, and if so, the results of such analysis.

Disability. The Committee notes from the Government’s report that from June 2010 to May 2012, 146 complaints regarding discrimination based on disability in employment were submitted to the NHRC, of which 85 per cent were either rejected or dismissed. The Committee asks the Government to provide information on any awareness-raising activities on the Act on the prohibition of discrimination against persons with disabilities, remedy against infringement of their rights, etc. carried out or envisaged among workers, employers and their respective organizations as well as labour inspectors, judges and other public officials. Please continue to provide information on complaints regarding discrimination based on disability in employment submitted to the NHRC and indicate if the reasons for the high rejection or dismissal rate of such complaints have been analysed, and if so, the results of such analysis.

Articles 1, 2 and 3(d). Access of women to employment in the police force. The Committee notes the Government’s indication that measures were adopted to promote the employment of female police officers in 2004, such as a hiring target to be implemented by the National Police Agency in order to increase the proportion of female police officers to above 10 per cent. The Committee notes, however, from the Government’s report that the proportion of women in the police force represented 7.4 per cent in July 2012, showing a slow increase of 1.4 per cent since the end of 2008. It further notes that female police officers are mainly concentrated in posts of police administration (21 per cent of such posts are occupied by women). The Committee reiterates its request for information on the underlying reasons for the very low number of female police officers. Please provide information on any measures taken to promote access of women to the police force at the various posts and at the various levels of responsibility, and the results secured by such action. Please continue to provide information on the distribution of female and male police officers in the various categories of posts of the national police force.