Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations from the Federation of Korean Trade Unions (FKTU), annexed to the report, and the Government’s reply thereto.

Articles 1 and 2 of the Convention. Gender pay gap. Legislation. The Committee notes the statistics provided by the Government, according to which in 2015, women earned 63.8 per cent of men’s hourly wages, establishing the gender wage gap at 36.2 per cent in comparison to 35.4 per cent in 2014. With regard to wages of workers in non regular employment (workers in short-term and/or part-time employment), the Government further indicates that, in 2015, non-regular workers earned 65.5 per cent of regular workers’ hourly wages. In this regard, FKTU adds that, as of August 2015, female non-regular workers only earned 36.3 per cent of male regular workers’ wages. The Committee continues to consider that the overall gender wage gap, especially when comparing regular and non-regular workers, who are primarily women, remains significant. With respect to legislation, the Committee had noted previously that section 8(1) of the Act on Equal Employment and Support for Work–Family Reconciliation only provided for equal wages for work of equal value “in the same business” and that the Equal Treatment Regulation (No. 422), limited the possibility of comparing work performed by men and women to “work of a similar nature” further to its amendment in June 2013. With reference to its previous comments, the Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational gender segregation in the labour market (according to which women and men are concentrated in different occupations and sectors of the economy) as it permits a broad scope of comparison between different jobs, including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value in its totality. Comparing the relative value of different jobs which may involve different types of skills, responsibilities or working conditions but which are nevertheless of equal value in its totality is essential in order to eliminate pay discrimination. This requires some method of measuring and comparing the relative value of different jobs. For instance, the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men). The Committee further recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 672–679 and 695–699). In light of the persistent and high gender pay gap, the Committee once again urges the Government to take the necessary steps to bring the Act on Equal Employment and Support for Work–Family Reconciliation and the Equal Treatment Regulation into full conformity with the Convention so as to ensure that men and women receive equal remuneration not only for “work of a similar nature” but also for work that is of an entirely different nature but nevertheless of equal value in its totality, and that the scope of comparison between men and women extends beyond the same establishment or enterprise. The Committee also asks the Government to continue to analyse and provide statistical information on the gender wage gap, including data calculated on the basis of hourly and monthly wages, and data disaggregated by industry and occupation, regular and non-regular employment, in the public and private sectors.

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