Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1 of the Convention. Legislative developments. The Committee notes that discussion on the Anti-Discrimination Bill submitted to the National Assembly in December 2007 was discontinued in May 2008. A special subcommittee on legislation to prohibit discrimination was launched in April 2010 and has since discussed the types of and the reasons for discrimination, and effective remedial measures. The Committee asks the Government to provide information on the outcome of the discussions of the special subcommittee on legislation to prohibit discrimination, including whether a draft discrimination act is being considered.

Article 1(1)(b). Additional grounds of discrimination. Age. The Committee notes information in the Government’s report regarding the educational and awareness-raising activities on the Act and the Enforcement Decree of the Act on prohibition of age discrimination in employment and employment promotion for the aged, including the annual week on employment promotion for the aged. The Committee requests the Government to continue to provide information on the implementation and enforcement of the Act on prohibition of age discrimination in employment and employment promotion for the aged, including cases regarding age discrimination submitted to the National Human Rights Commission, the labour officers and the courts.

Disability. The Committee notes that sections 10 and 12 of the Act on the prohibition of discrimination against disabled and remedy for violation of their rights, prohibits discrimination against peoples with disabilities in all aspects of employment. Since April 2009, employers of workplaces with 100–299 workers are required to provide proper facilities for disabled workers, and refusal to do so without a legitimate reason has been considered an act of discrimination. The same requirement will enter into force for workplaces with 30–99 workers as of 11 April 2013. The Committee notes that complaints regarding violations of the Act can be submitted to the National Human Rights Commission (NHCR). The data on the complaints received and handled by the NHCR from January 2008 to May 2010 indicate that most complaints related to recruitment, hiring and dismissal, followed by assignment and payment of wages. It also notes that the NHRC issued a recommendation in a number of cases. The Committee requests the Government to continue to provide information on the implementation and enforcement of the Act on the Prohibition of discrimination against disabled, including the number and nature of cases regarding discrimination based on disability submitted to the NHCR and the courts.

Articles 1, 2 and 3(d). Access of women to employment in the police force. With regard to previous concerns raised regarding the recommendation issues by the NHRC to discontinue the gender-segregated recruitment of police officers and to modify the quota system, which was not accepted by the National Police Agency, the Committee notes the explanations provided by the Government regarding the qualification requirements and the physical agility for female and male officers. The Committee notes that the number of female police officers was 6,628 in June 2010, which is 6.55 per cent of the total of 101,243 police officers. While appreciating this information, the Committee asks the Government to confirm whether or not a quota-system for female police officers exists and, if so, provide specific information in this regard. The Government is also requested to indicate the underlying reasons for the very low number of female police officers and information on any measures taken to promote access of women to the police force, and the results secured by such action. Please provide information on the distribution of female and male police officers in the various posts of the national police force.