Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Equal Remuneration Convention, 1951 (No. 100) - Republic of Korea (Ratification: 1997)

The Committee notes the information supplied by the Government in its first report on the application of the Convention and of the observations from the Federation of Korean Trade Unions. It asks the Government in its next report to provide further information on the following points.

1.  Article 1 of the Convention.  The Committee notes with interest that the various pieces of legislation establish substantial protection in law against wage discrimination based on sex. It observes in this connection that, in order to apply the principle of the Convention, the comparison of posts must be as broad as possible and should not be confined to a single establishment. It therefore asks the Government to indicate whether any measures exist to promote an objective comparison of jobs which is not confined to a single enterprise, particularly where wages are fixed at sector level.

2.  Article 2.  The Committee notes with interest that the Government has taken several initiatives to remedy certain practices deemed discriminatory in a number of sectors, particularly the financial sector. It also notes that, under articles 20 and 20-2 of the Equal Employment Act (No. 5933), the Minister of Labour may take specific measures vis-à-vis an employer in order to investigate whether there has been a breach of the Act. So that it may properly ascertain the nature, extent and causes of the wage differential between men and women and progress made in applying the Convention, the Committee asks the Government to provide statistical information on the average wage levels of men and women, if possible by sector of economic activity, occupation or occupational group, or level of education or qualification. It asks the Government in so doing to refer to its general observation of 1998 on the Convention.

3.  The Committee notes the observation from the Federation of Korean Trade Unions pointing out that efforts to eliminate discrimination on the basis of sex should be an obligation not just for employers but also for local authorities, vocational training institutions and other public bodies concerned. It asks the Government to provide information on measures directed to the above bodies in order to promote the elimination of wage discrimination based on sex, and the measures taken to protect men and women workers who are excluded from the scope of the Labour Standards Act (No. 5885) of 1997.

4.  Article 3.  The Committee notes with interest that the Government adheres fully to the objective job appraisal within the framework of the law as a means of promoting equal remuneration, as stated in article 5 of the Administrative Regulation on equal employment, which defines "work of equal value". It asks the Government to indicate by what means it satisfies itself that the skills required for occupations traditionally regarded as "female" are appraised on the same basis as skills traditionally considered as "male". The Committee also asks the Government to state what measures it has adopted to encourage enterprises to use the objective job appraisal system and how the latter is incorporated in the new performance-based systems of remuneration.

5.  Article 4.  The Committee notes from the Government’s report that the employers’ and workers’ organizations draw up guidelines for their members for the purpose of applying the content of the revised legislation on equal employment. It also notes that the Government promotes voluntary cooperation between workers and employers for dispute settlement and evaluating the work of the Government. It notes with interest that a project to set up a standard mechanism for job appraisal in cooperation with the workers’ and employers’ organizations is under way, and asks the Government to keep it informed of progress made in carrying out this project.

6.  Part III of the report form.  The Committee notes from the Government’s report the bodies responsible for hearing grievances about wage discrimination. It would be grateful if the Government would provide information on the complaints concerning wage discrimination received by these bodies and by the Presidential Commission on Women’s Affairs.

7.  Part V.  The Committee notes from the Government’s report that the first measures taken to apply the principle of equal remuneration for work of equal value, namely legislation, awareness-raising in enterprises and the availability of remedies for the workers affected, seem to be producing good results.