Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Other comments on 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.

Article 1 of the Convention. Inherent requirements of the job. Discrimination on the basis of political opinion. Public officials. The Committee notes the indication contained in the Government’s report that the amendment bills introduced in 2017 to guarantee public officials’, including teachers’, political freedom (such as political party membership and the right to participate in election campaigns) – which the Committee had noted in its previous comment as pending before the National Assembly – have been withdrawn due to the expiration of the 20th National Assembly. It also notes the Government’s indication that three new amendment bills to the State Public Officials Act (SPOA) have been introduced in June 2023 in order to alleviate the prohibition of political activities by public officials. These amendments would allow public officials to join political parties and organizations, but would prohibit them from engaging in political activities “when they use their public status”. It further notes the Government’s pledge to “proactively support a comprehensive review by the National Assembly of the observations of [the] Committee of Experts, other government cases and decisions made by the Constitutional Court of Korea, during the dialogue regarding the amendments.” In this regard, the Committee notes the FKTU’s call for an urgent review of approximately 40 laws and regulations imposing such extensive restrictions on the activities and fundamental political rights of public servants, including teachers, that it amounts to encroaching on the fundamental human rights of citizens of a democratic society, such as freedom of expression. In reply, the Government acknowledges that it is necessary to strike a balance between the duty of political impartiality incumbent upon public officials and the value of political freedom enjoyed by individual citizens and that it is therefore imperative to engage in legislative policy discussions and make informed decisions. The Committee emphasizes, once again, that political opinion may, in certain circumstances, constitute a bona fide qualification for certain senior posts which are directly concerned with developing government policy. However, this is not the case when conditions of a political nature are laid down for public employment in general, or for certain other professions. It is essential that such restrictions are not carried beyond certain limits – to be evaluated on a case-by-case basis – as such practices may then come into conflict with the Convention’s provisions calling for the implementation of a policy designed to eliminate discrimination based on political opinion, in particular in respect of public employment (see 2012 General Survey on the fundamental Conventions, paragraph 831). The Committee also recalls that it has examined and commented on the issue of discrimination based on political opinion since 2012 and that this has been discussed by the Conference Committee on the Application of Standards (as regards teachers) for three consecutive years (2013 to 2015). In view of the above, and in particular the failure to conclude the examination of past legislative amendment proposals, the Committee expresses the firm hope that the Government will take concrete and efficient steps to keep to the strict minimum the limitations to the freedom of political opinion and expression of public officials (at the national, regional or local level) – including teachers at all levels of the education system. In this regard, it asks the Government, once again, to consider the possibility of adopting, in the near future, a list of jobs in the public service for which political opinion would be considered an inherent requirement. Finally, it requests the Government to provide information on any development in this regard, including before the National Assembly.

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