Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information supplied by the Government in its report on the application of the Convention.

1. The Committee notes that the Equal Employment Act of 1987 has been amended by Act No. 6508 of 14 August 2001, and that section 6 of the Act as amended provides that the Minister of Labour shall establish a basic plan on equal employment, which inter alia shall include "matters on settlement of practices of paying equal wages for work of equal value". The Committee asks the Government to provide information on the formulation and implementation of this plan with regard to the application of the Convention. The Government is also asked to continue to provide information on the various measures taken by the Ministry of Labour to promote the equal remuneration for men and women for work of equal value, including the development of equal employment indicators.

2. The Committee notes from the Ministry of Labour’s Report on the Monthly Labour Survey that the wage gap between male and female regular workers remains very high (36. 5 per cent in 2002, as compared to 37.5 per cent in 2000). It continues to be higher in some sectors, such as health and social welfare, finance and insurance and within some occupational groups, with a tendency towards decreasing wage disparities with increasing levels of education. The smallest wage gap occurs at the top and bottom occupational categories, i.e., administrative and managerial workers (17 per cent) and manual workers (24.2 per cent), while the greatest gap prevails among production and related workers (39.8 per cent). Noting that the Government refers to a large number of women being employed as temporary, contract or non-regular workers as a reason for wage disparities, the Committee asks the Government also to provide statistical information on the distribution of men and women in such employment in the various sectors and their levels of remuneration.

3. The Committee also notes that, according to the Government, among the main reasons for wage disparities between men and women is the disproportionately large number of female workers engaged in simple jobs. However, the Committee observes that, while the educational and skill level of men and women naturally has an impact on their wages, the statistical information available indicates that a considerable wage gap also exists between men and women of the same educational level and within the same occupational group. The Committee asks the Government to provide information on any studies undertaken to further analyse the existing gender pay gap and any findings obtained, with a particular focus on sectors and occupational groups with the greatest disparities.

4. Recalling its previous comment with regard to the promotion of objective job appraisal, the Committee notes that the Government is carrying out research on the principle of equal pay for work of equal value, and that the results of a project conducted by the Korean Women’s Development Institute on a standard mechanism for job appraisal are expected in the near future. Noting the Government’s statement that most companies still follow seniority-based approaches to determine wages, the Committee asks the Government to provide information on the measures taken or envisaged to promote the objective evaluation of jobs as envisaged in Article 3 of the Convention, and to provide information on the outcome and follow-up to the abovementioned project.

5. The Committee recalls that under section 8(1) of the Equal Employment Act, any employer shall pay equal wages for work of equal value in the same business. It also recalls that the principle of equal remuneration for men and women for work of equal value as established by the Convention extends beyond cases where work is performed in the same establishment or business. This broader scope of comparison, which is required by the Convention, makes it possible to address the discriminatory effects of horizontal occupational segregation. In this context, the Committee recalls the Government’s statement that one of the reasons for the lower incomes of women was the fact that wages in certain occupations predominantly carried out by women are set at a lower level without reasonable justification. The Committee therefore asks the Government to indicate whether any measures are being taken to promote an objective comparison of jobs beyond a single enterprise where wages are fixed at sector level.

6. Recalling the observation submitted by the Federation of Korean Trade Unions with regard to the elimination of discrimination in employment by local authorities, vocational training institutions and other public bodies, the Committee notes the Government’s statement that wages of public officials are determined by wage regulations based on positions and seniority, without discrimination on the basis of sex. The Government also states that the Labour Standards Act applies to all workplaces where there are one or more workers. Noting that section 10 of the Labour Standards Act provides for coverage of enterprises with five or more workers, the Committee asks the Government to further clarify the scope of application of the Act.

7. The Committee thanks the Government for supplying information on recent cases concerning wage discrimination, decided by the Presidential Commission on Women’s Affairs and the Committee on Gender Equality Promotion of the Ministry of Gender Equality, and asks the Government to continue to submit information on such cases addressed by these bodies as well as by the courts.