Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Article 1 of the Convention. Legislative protection from discrimination. Recalling its previous comments on the absence in national laws and regulations of a prohibition of discrimination on the grounds of race, colour, national extraction and political opinion, and regarding the application of the Convention to domestic workers, dispatched workers, as well as foreign workers present in the country, the Committee notes with satisfaction that under the National Human Rights Commission Act (No. 6481 of 24 May 2001), any person may file a petition with the National Human Rights Commission against acts of unreasonable discrimination on the ground of gender, religion, disability, age, social status, regional, national or ethnic origin, physical condition such as features, marital status, pregnancy or delivery, family status, race, skin colour, thought or political opinion, criminal record, sexual orientation or history of diseases. Under the Act, acts of unreasonable discrimination include any act of favourably treating, excluding, differentiating or unfavourably treating a particular person in employment, including recruitment, appointment, training, assignment of tasks, promotion, payment of wages and other commodities, age limit, retirement, and dismissal, etc., as well as such acts in respect to the use of educational facilities and vocational training institutions (section 30 (2)). Further, the Commission may initiate investigations on its own motion. It also has wide promotional functions, including undertaking surveys on human rights, including regarding discrimination in employment and occupation. The Committee requests the Government to provide information on the practical application of these provisions, including on the nature and outcome of any petitions filed, or investigations and surveys conducted under the Act with respect to employment and occupation.

2. Article 5. Measures of protection and assistance. Recalling its previous comments regarding overtime limitations applying to all women contained in section 69 of the Labour Standards Act, the Committee notes with satisfaction that section 69, as amended by Act No. 6507 of 14 August 2001 now limits the possibility to perform overtime work only for women who have given birth during one year following delivery.

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