A. General legal framework within which human rights are protected
1. In light of the Committee's decision to give effect to its follow-up procedure in the framework of the consideration of reports, the Committee would appreciate information on the specific measures the ROK Government has taken to implement the recommendations contained in the concluding observations of the Committee (E/C.12/1995/3) with respect to the State party's initial report.
As described in detail in the second periodic report of the Republic of Korea, the Korean government has adopted a variety of measures to implement the recommendations contained in the concluding observations of the Committee (E/C.12/1995/3) with respect to its initial report.
First, the National Basic Livelihood Security Act for the protection of the low-income class was enacted in August 12, 1999, and entered into force on July 1, 2000. This recent enactment enabled the introduction of a comprehensive public assistance system which emphasizes state responsibility in protecting those people in absolute poverty. Priority is placed on securing the minimum living standard for the poor in need of government protection.
Secondly, to protect and promote the rights recognized under the Covenant, labor- and welfare-related laws and acts were either adopted, amended or supplemented in conformity with international standards. For example, the Workmen's Accident Compensation Insurance expanded its scope of application from workplaces with less than five workers to all workplaces, and the Foreign Workers Protection System was introduced and enforced to protect the fundamental rights of foreign workers.
Next, the Sexual Equality Employment Act has been enforced since April, 1988 to improve working women's status and welfare through securing gender equality in employment, protecting maternity and fostering vocational abilities. The Special Commission of Women's Affairs, established in March 1998 and under the direct control of the President, upgraded to the Ministry of Gender Equality, a central government organization, in January 2001.
Last, if the National Human Rights Commission currently under consideration in the National Assembly is established and operates as planned, it will further contribute to improve the human rights situation in the Republic of Korea.
2. In its second periodic report, the State party indicates that it is planning to establish a National Human Rights Commission to better protect and promote human rights. Please inform the Committee of whether the aforementioned Commission has been established in accordance with the 1991 Paris Principles, its mandate and powers, and the concrete effect it has on the promotion and protection of human rights in general, and of economic, social and cultural rights in particular.
Since the Commission on Human Rights adopted a resolution in 1993 recommending that every state establish national human rights commissions, the Korean government has made substantial efforts to formulate a draft of the National Human Rights Commission Act that reflects public opinion to the broadest possible extent. The National Human Rights Commission Act, if enacted and enforced, will give birth to a National Human Rights Commission.
After releasing the first draft of the National Human Rights Commission Act in September 1998, the government assessed public opinion by holding ruling party- government joint consultations, public hearings and meetings with NGOs. The government revised the draft and submitted it to the National Assembly in April 1999.
However, the deliberations and public hearings invited a broad and hot debate, in particular on how to secure the elements of effective functioning of the said Commission as stated in the 1991 Paris Principles. The government will continue to incorporate diverse public opinions to ensure the enactment of a broadly-supported National Human Rights Commission Act within this year and the establishment of an efficient National Human Rights Commission that is wholly independent of outside interference.
The draft Act which is currently being prepared and which will be submitted to the National Assembly in due time aims to enhance the independence of the National Human Rights Commission by eliminating any type of governmental interference such as on the Commission's personnel, budgets and mandates. The Commission's work consists of investigating and restoring fundamental civil rights that are unjustly violated by government officials and individuals alike. The National Human Rights Commission is to open an investigation on human rights violations by petition or by direct authority.
The various remedies will include suspension of the violations, apology by the accused to a victim, damage restoration and compensation, and necessary measures to prevent identical or similar human rights violations from recurring. The draft also offers a variety of systematic measures to assure the practical efficacy of investigations and the implementation of the Commission's decisions.
3. In its previous concluding observations, the Committee urged the State party to make sure that the status of the Covenant be superior to all national law. Please describe any changes or progress made in this respect.
Article 6 (1) of the Constitution of the Republic of Korea stipulates: treaties duly concluded and promulgated under the Constitution and generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea. It follows from the above provision that the Covenant has the same effect as a domestic law.
In general, there are no conflicts between domestic laws and treaties, whether bilateral or multilateral, as these are signed and ratified after due consideration, both as a whole and article by article. If a conflict should arise, however, it is the official position of the government of the Republic of Korea that it is for the Supreme Court, which has final rights to the interpretation of law, to decide on the relation between the concerned domestic laws and treaties.
The Supreme Court will base its judgement on the general principles such as the principle of lex posterior derogat priori and the principle of generalibus specialia derogant.
B. Information and Publicity
4. Please describe the action taken by the State party to inform and sensitise the Korean society and competent authorities of the rights embodied in the Covenant.
The government has taken measures to make the rights embodied in the Covenant known to its competent authorities, public organizations and people. The measures taken by the government can be found in para. 6 of the second periodic report.
Among others, the government published various human rights instruments including treaties, declarations and charters, which were disseminated throughout schools, research institutes, universities, libraries, and governmental organs.
The government also hosted a joint "Subregional Workshop on Human Rights Education" in December 1999 with Office of the High Commissioner for Human Rights.
Article 2: Non-discrimination
5. In its concluding observations regarding the Republic of Korea's initial report, the Committee urged the State party to meet the needs of the most vulnerable groups of society, including foreign workers. Please indicate what steps have been taken to protect foreign workers, the poor, the homeless, and the disabled.
The government has taken steps to protect the most vulnerable groups such as foreign workers, the poor, the homeless, and the disabled. First of all, the government enacted "the Guideline on the Protection of Foreign Workers" in October 1998, which brought the foreign workers under the scope of labor-related laws such as the Labor Standard Act, the Minimum Wage Act and the Industrial Safety and Health Act to foreign workers irrespective of possible Immigration Control Act violation. In addition, the government has expressed its willingness to protect the fundamental rights of the foreign workers by ratifying the Convention Concerning Discrimination in Respect of Employment and Occupation in December 1998.
In applying the Immigration Control Act to its violators, the Government has set and implemented the principle of "first remedy, then punishment," by which all remedies are administered for foreign workers before the violation is dealt with, to guarantee the effectiveness of measures to protect foreign workers. In addition, the "Safety Education Team for Foreign Workers," composed of industrial safety inspectors and officials of the Industrial Safety Corporation, has been in operation to prevent industrial accidents of foreign workers. From a humanitarian point of view, the government is in practice undocumented foreign workers' children access to primary education.
The government has introduced and enforced the Basic Welfare System for the protection and promotion of the fundamental rights of poor workers. It has also expanded the Legal Aid Programme to workers whose wages are under 1,500,000 won(US$ 1,250) per month to enable them to benefit from the legal aid service for just a small administrative fee.
The government has a comprehensive welfare system to help the homeless. The first phase of the system focuses on meeting the basic needs of the homeless. There are more than 150 shelters nationwide, where free meals, medical aid and counselling services are provided. At the next stage, special facilities such as rehabilitation centers for the treatment of alcoholics and drug addicts are also available. The government encourages the social reintegration of the homeless by providing them with funding to start small business or employment opportunities in the public or private sector.
Measures taken to protect the disabled were described in Paras. 42-44 of the second periodic report of the Republic of Korea under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
6. Please indicate the number and nationality of asylum-seekers who applied for refugee status during the last five years, and the number of accepted applications. Please indicate the measures taken to ensure that they enjoy economic, social and cultural rights without discrimination.
As of December 31, 2000, the total number of asylum-seekers who applied for refugee status amounts to 102. Applicants are composed of 26 Congolese, 21 Burmese, 18 Algerians, 10 Iranians, 5 Afghans, 4 Liberians, 4 Pakistanis, 3 Iraqis, and 32 other.
Every application for refugee status has been carefully reviewed by the Screening Committee for Refugee Recognition comprising of representatives from seven government ministries and the Korean Red Cross. The 1951 Convention relating to the Status of Refugees, the 1967 Protocol relating to the Status of Refugees and relevant domestic laws serve as guidelines in granting refugee status.
The Korean government recently granted refugee status to an Ethiopian applicant taking into consideration the likelihood of persecution pending his deportation to his home country. However, the majority of asylum-seekers were not granted refugee status since their motives for applying were strictly economic or immigration-related and thus were deemed inadequate.
For humanitarian reasons, the Korean government allows asylum- seekers to continue their stay in Korea for up to 6 months. During this period, they are exempt from penalty even though they are employed illegally, without work permits.
Article 3: Equality between men and women
7. Kindly describe the evolution of the status of women in Korean society in terms of work opportunities, wage equality, inheritance, domestic violence, education opportunities and other aspects of traditional discrimination described in the State party's initial report. The Committee would also like to know what specific steps have been taken to redress the imbalances in the status of women in Korean society.
The government has been making significant efforts to realize the ideals of gender equality in terms of various aspects of discrimination, modern or traditional. The improvements in the status of women in Korean society was addressed in paras. 22-45 of the country's second report under the International Covenant on Civil and Political Rights (ICCPR), as well as parts of the second periodic report under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
First of all, measures taken to promote women's work opportunities were described in paras. 33-36 of the country's second periodic report. Women's wages were an average 63.1% of men's in 1998, compared with 62.5% in 1997. The gender-based wage gap has thus been narrowed. The general trend on wage gaps can be found in Table 15 under para. 61 of the second periodic ICESCR report. Women's education was addressed in paras. 396-398 of the second periodic ICESCR report.
In order to actively protect the victims of domestic violence, the government enacted the Prevention of Domestic Violence and Victim Protection Act in December 1997. In accordance with the Act's provisions, both the central and local governments have devised legal and institutional arrangements to prevent domestic violence, protect victims, and provide them with medical care and counseling. In addition, the government has been implementing the Overall Plan for Eradication of Domestic Violence since its establishment in 1998.
The Korean government has also adopted the following legislative measures to improve the gender discrimination law and system: amendment of the chapter "Domestic Relation and Inheritance" in the Civil Code; revision of the "Korean Nationality Act" to give women the right to choose their nationality; amendment of the "Establishment Act of a Military Academy" to enable the recruitment of female students; amendment of the gender-discriminating provisions on allowances for civil servants; revision of the "Equal Employment Act" to prohibit indirect discrimination and sexual harrassment at the workplace; and enactment of the "Gender Discrimination Prevention and Relief Act" to monitor cases of gender discrimination in institutions and at the workplace.
The government has also sought to improve the representation of women in various circles of Korean society. For example, the target ratio of women's participation in governmental committees is to be set at 30% by the year 2002 (20.4% in 2000). The Political Party Law was also revised so as to contribute to the expansion of women's participation in the public sector and politics. The Female Public Employee Target System aims to ensure the recruitment of women into the public sector.
Article 6 : Right to Work
8. Please indicate whether the State party intends to ratify ILO Convention No. 2 and 29
Article 3 of ILO Convention No. 2 provides : The Members of the ILO which ratify this Convention and which have established unemployment insurance systems shall, upon terms agreed between the Members concerned, make arrangements whereby workers belonging to one Member and working in the territory of another shall be admitted to the same insurance benefit rates as those obtained by workers belonging to the latter.
According to the provisions of Employment Insurance Act, enacted in December 27, 1993 and amended in January 12, 2000, foreign illegal workers and foreign industrial trainees are not eligible for unemployment insurance under the Act. Thus, in the case of illegal workers and industrial trainees staying in Korea who correspond to the profile described in Article 3 of ILO Convention No. 2, Korean domestic law provisions may not be in conformity with those of Convention No. 2, thereby rendering ratification of Convention No. 2 difficult at present.
Convention No. 29, concerning the suppression of forced or compulsory labor in all its forms, stipulates in Article 2-(2)-(a) that work or service exacted in virtue of compulsory military service laws for work of a purely military character will not be considered "forced or compulsory labor."
The Korean government, in this regard, consulted the ILO whether certain provision of its Military Service Act are in conformity Article 2-(2)-(a) of the Convention. The Military Service Act of the Republic of Korea allows, in certain cases, drafted personnel to substitute military service with public service, depending on the applicants' qualifications or physical examination results. For instance, those with necessary academic qualifications, categorized as research or technical personnel, will be given the option of serving in the defense industry, while those who fail to meet physical requirements will serve as administrative personnel in government organs.
Therefore, these personnel duties perform which are not of a purely military character in the strictest sense, though they are still subject to military law, which means that they act as a stand-by military force, ready for immediate transfer as a combat force in case of a national emergencies. Personnel fulfilling their military obligations through this service, are integrated into reserve forces and mobilized in times of war just like those who serve actively.
The incompatibility of domestic law provisions with those of Convention No. 29 and the unique security situations which demand that a conscription system exist, lead the government to believe the ratification of Convention No. 29 is not envisaged in the foreseeable future.
9. Please describe the effect of measures taken by the State party during the last two years to combat unemployment, especially among the vulnerable groups, such as women, migrant workers and the disabled.
The active use of various measures has caused the unemployment rate of 8.6%, which peaked in February 1999, to decrease to 3.6% as of the end of June 2000. The unemployment rate among women which was 5.1% in 1999, decreased to 3.3% in 2000. The unemployed in general were provided unemployment benefits as of April 1999. The Act on the National Basic Livelihood Protection was also legislated in August 1999.
The government has taken measures concerning vulnerable groups such as women, migrant workers and the disabled. The second periodic report contains measures for women (paras. 38-41), the disabled (paras. 42-44), the elderly (paras 47-48), and for the low-income class (paras 47-48).
The government has provided more general measures to combat unemployment through providing vocational training tailored to industries' needs for the unemployed. Also Work-Net, an employment services information network, was established in April 1999 to provide comprehensive information on employment want-ads and job-offers, and arrangements and training.
10. Please indicate the employment rate of college graduates desegregated by gender.
The employment rate of college graduates by gender may be broken down into two categories: recent graduates entering the labor market, and the proportion of graduates out of the economically active population.
The following tables show the total number of recently-employed graduates, and the employment rate of recent college graduates by gender.
Table 1. Total number of recent graduates
Table 2. Total number of recent graduates who are employed
Table 3. Employment rate of newly-employed graduates by gender
employment rate of new graduates = total number of graduates employed for the year ÷ total number of graduates for the year
statistics in Table 1-3 were compiled by the Korea Educational Development Institute.
Table 4. below shows the employment rate among college graduates out of the total number of the economically active population by gender in 1999:
The employment rate for female college graduates was 94.8% in 1999, 0.2% higher than the same rate for males. The higher rate is partly due to the disproportionately smaller number of economically active women graduates compared to that of men.
Table 5. Employment rate (%) of college graduates by gender
While the domestic labor law does not regulate discrimination against divorced women explicitly, they, like all women, have been protected by the provisions on the prohibition of gender discrimination.
Article 7 : The Right to Just and Favourable Conditions of Work
12. Korea's restructuring of some aspects of its economy and industry during the last decade has negatively affected women's employment opportunities, in particular in the garment and shoe industries, which primarily hired women. Women had to seek work from sub-contracting agencies at much lower pay, irregular hours and less or no fringe benefits. Please indicate how the State party has remedied or envisages to remedy this situation.
The last decade's restructuring has also affected the garment and shoe industries, which, in turn, has negatively affected women's employment opportunities since those labor-intensive industries primarily hired women.
To remedy the unstable employment of women, the government has issued instructions to workplace which primarily reduced the number of women workers or tried to do so. The government has also taken more active measures such as operating institutionalized centers to monitor any discrimination against women in terms of employment and to protect the rights of women laid-off during restructuring. The government has reinforced strengthened means to check on employment equality and increased the number of consultation offices for gender equality in employment.
In this respect, in accordance with provisions of the Act on Improvement of Working Life and Support for Employment Security, in effect since August 1997, the government provides financial support to companies which can keep their workers employed as they convert to a different type of business, and subsidies to companies that reemploy women workers who have been displaced from certain types of business.
General measures to support the expansion of women's employment opportunities are stated in paras. 40-41 of the country's second periodic report.
13. What laws and workplace programmes protecting gender equality in the labor market are being enacted and enforced in the State Party ? What steps are the party taking to combat sexual harassment in the workplace ?
To protect gender equality in the labor market, laws and workplace programmes have been enacted and enforced. Article 11 of the Constitution prohibits gender discrimination in employment and working conditions. The Labor Standards Act and the Basic Employment Policy Act provisions also prohibit gender discrimination in employment and working conditions. The Equal Employment Act contains detailed provisions on the prohibition of gender discrimination, violations which are penalized in all steps of employment whether it be recruitment, hiring, training, promotion, assignment or dismissal.
The following are examples of important articles prescribed in the major national laws enacted and enforced to secure gender equality in the labor market:
Article 11 of the Constitution provides: all citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on the basis of sex, religion or social status.
Article 32 of the Constitution provides: women shall not be subjected to unjust discrimination in employment, wages and working conditions. And Article 34 of the Constitution prescribes the state party's duty to endeavor to prevent gender discrimination.
Article 19 of the Basic Employment Policy Act indicates: during recruitment or hiring, an employer shall not discriminate for reason of sex, religion, social status, birthplace or school, but assure equal opportunity to employees.
Article 5 of the Labor Standards Act states: an employer shall not discriminate against workers based on their sex, or practice discrimination in employment conditions based on nationality, religion or social status.
The Equal Employment Act has also played an important role in securing gender equality in the labor market. Some examples are:
Article 2-2 (Definition) : For the purpose of this Act, the term "discrimination"shall mean different conditions of employment or work or any other disadvantageous measures imposed or taken by the employer against workers on the basis of sex, marriage, status in family, pregnancy, or any other reason. The Act stipulates that employers who apply personnel standards or conditions considered significantly difficult to meet by workers of one sex are regarded as practicing discrimination against those workers.
Article 6 (Recruitment and Employment): (1) Employers shall provide women and men equal opportunities when recruiting. (2) Employers recruiting or hiring women shall not bind them to nor impose on them certain physical conditions such as appearance, height, weight, or other conditions such as being single, or any other condition irrelevant to job performance as specified in the Ordinance of the Ministry of Labor.
Article 6-2 (Wages) : Employers shall pay equal wages for work of equal value in the same business.
Article 7 (Training, Assignment and Promotion) : Employers shall not discriminate against women workers on the basis of marital status, pregnancy, child-delivery, training, assignment or promotion.
Article 8 (Age Limit, Retirement and Dismissal) : Employers shall not discriminate against women with respect to retirement age and dismissal of workers.
Article 9 (Vocational Guidance) : The employment security agency shall take necessary measures for vocational guidance such as offering material related to surveys, research, etc. on employment information, job offers, etc, so as to help working women choose a job according to their aptitude, ability, experience and skill, and facilitate their acquaintance with the job.
To combat sexual harassment at the workplace, the government has taken necessary measures based on the following provisions:
Article 2-2 of the Equal Employment Act provides that the term "sexual harassment at work"refers to all unfavorable actions in employment or deterioration of the working environment through sexual humiliation of workers by employers, superiors or other workers, by taking advantage of their work positions, using sexually abusive language and behavior or making such language or behavior a condition for any kind of reward.
Article 8-2 of the Equal Employment Act provides that to prevent sexual harassment at work and create a safe working environment, employers shall take measures including providing educational programs to prevent sexual harassment at work, taking disciplinary actions against or implementing other equivalent measures against those who sexually harass other workers.
14. Why are companies with less than ten workers exempt from the applying the 1998 minimum wage, and how does this affect the workers' right to fair remuneration ?
Considering management and payment capabilities of small-sized businesses, effects which minimum wage has on low paid workers and administrative work ability of the businesses, the government has expanded the scope of minimum wage coverage in phases.
In 1998, minimum wage was not applied to workplaces with less than 10 employees. However, the Enforcement Decree of the Minimum Wage Act was revised in September 1999 to expand minimum wage coverage to workplaces with less than five employees. A legislative bill on the Minimum Wage Act to expand minimum wage coverage to all workplaces, was passed through the National Assembly on 9 October 2000, and enforced from 24 November 2000.
15. How many illegal foreign workers lived in Korea over the last three years ? What steps are being taken or envisaged by the State party to legalize their work in Korea ?
Table below shows the number of illegal foreign workers in Korea
According to Immigration Control Act provisions, illegal foreign workers cannot obtain a work permit or any legal status while staying illegally in the country.
Nevertheless, the fundamental rights of foreign workers, whether legal or illegal, are protected on equal footing with those of domestic workers through government-applied domestic labor laws such as the Labor Standards Act, the Industrial Safety and Health Act, the Wage Claim Guarantee Act and the Minimum Wage Act. Also the departments of labor inspection and industrial safety inspection at regional labor offices have provided education on foreign workers' rights stated in labor laws.
16. Please provide updated statistical information on the number of occupational accidents and diseases since the last report or for the past five years desegregated by occupational, age and gender.
The tables below show Industrial Accidents by occupation (Table 1), by age (Table 2), and by gender (Table 3), and Occupational Diseases by age (Table 4), and by gender (Table 5).
Table 1. Industrial Accidents by Occupation
services salesmen and auctioneers
workers
precision instrument makers (except electrical)
operators, and cinema projectionists
Table 2. Industrial Accidents by Age
Table 3. Industrial Accidents by Gender
Table 5. Occupational Diseases by Gender
Article 8 : Trade Union Rights
17. Please indicate whether the State Party intends to ratify ILO Conventions Nos. 87 and 98.
Convention No. 87 concerning the Freedom of Association and Protection of the Right to Organize provides workers and employees with the right to establish and join organizations of their own choosing without prior authorization, to draw up their organizations' constitutions and rules, and establish and join their federations and confederations. A few domestic law provisions, such as on the establishment of trade unions for public officials, do not comply with the Convention provisions, rendering ratification of Convention No. 87 difficult at the moment.
Convention No. 98 concerning the Application of the Principles of the Right to Organize and to Bargain Collectively addresses the protection of workers from anti-union discrimination and any act of interference by any other organization. While domestic laws do not conflict with the Convention provisions, the ROK, in compliance with ILO indications, cannot ratify Convention No. 98 until it has successfully ratified Convention No. 87.
18. Please explain the ban on public servants' and public and private school teachers' joining trade union, bargaining collectively and striking.
The government has made every effort to promote the rights of all workers in accordance with the provisions of the Constitution on three basic labor rights. However, the labor rights of public officials and teachers have been recognized within the limits permitted by separate laws and regulations in light of their status and the special nature of their work with regard to public interests.
The Public Officials Act recognizes three basic labor rights of public officials involved in manual work for railway, postal and national healthcare services. All other public officials labor right to unionize was agreed to be recognized in phases in the first session of the Tripartite Commission held in February 1998. Phase one was the agreement to establish and operate the Public Officials' Workplace Association (POWA). Trade unions can then be formed, based on experience accumulated through POWA operation and in taking public opinion into account.
Under the agreement, the Act on the Establishment and Operation of the POWA was enacted on 20 February 1998 and enforced from 1 January 1999. A total of 149 POWAs have been operating since 31 October 2000. The agreement aims to gradually allow public officials the rights to organize and bargain collectively, though it reserves the recognition of collective action rights at this stage.
In addition, the first session of the above-mentioned Tripartite Commission also produced an agreement on the enactment of the Act on the Establishment and Operation of Trade Unions of Teachers. Under this enforced Act, teachers' rights to organize and bargain collectively are recognized, while their collective action rights are limited so as not to impede on citizens' right to learn. At present, two national teachers trade unions are operating.
19. Please provide information on the number of strikes that have taken place since the economic reforms and please indicate how these strikes have been handled by the State party.
There were 129 strikes in the country in 1998, 198 in 1999, and 250 in 2000.
The government has been encouraging the parties concerned to settle industrial disputes in a voluntary and peaceful way observing related regulations. The government has also taken preventive measure, such as anticipating potential reasons for dispute and guiding disputing parties into dialogue, which has contributed to keeping industrial disputes from developing into strikes. However, in cases where strikes entail violent acts and destructive activities, relevant government authorities have reacted sternly by strictly applying relevant laws and regulations, while remaining within necessary minimum limits to maintain social order.
20. Please provide information on the status and function of the Labour Relations Commission, the number of complaints received and the number of cases resolved by the arbitration of this Commission.
The Labor Relations Commission is an administrative authority, composed of representatives from labor, management and public interest groups. The Commission adjudicates and mediates cases, disputes and other matters that arise in labor-management relations. It is organizated in three levels relating to the scope of authority and work: National, Regional, Special Labor Relations Commissions.
Article 2 (2) of the Labour Relations Commission Act stipulates that: the National and Regional Labor Relations Commissions shall be governed by the Minister of Labor and the Special Labor Relations Commission shall be attached to the Chief of the Central Administrative Authority. The Commission, regardless of its category, has discretion over functions and duties within its authority.
In 1999, a total of 6,324 complaints related with adjudication were received: There were 4,839 (76.5%) unfair dismissal cases; 1,224 (19.4%) unfair labor practice cases; and 261 (4.1%) other cases. Of these 6,324 cases, 5,410 were referred for adjudication to the Commission, which adjudicated 2,687 cases (990 of which employee's position were recognized with an order for remedies) and reconciled or cancelled 2,732 cases. In addition, the Commission successfully mediated 216 of 862 cases referred to it in 1999. In the same year, the Commission was referred 222 cases for arbitration.
Article 9 : Right to Social Security
21. Please inform the Committee on the measures taken to implement the Committee's recommendation in its previous concluding observations on the need to expand Korea's social security system in the light of Korea's rapid economic growth.
The government has implemented aggressive social policies for 「productive welfare」, focused on: protecting the basic livelihood of the underprivileged so they can live in dignity, providing them with opportunities to participate in economic and social activities, and alleviating structural poverty.
The 「productive welfare」 policies fall under three categories: (1) securing a stable life for the people by strengthening the social insurance system through means such as medical insurance and national pension schemes; (2) alleviating absolute poverty by securing basic livelihood for all people living under the minimum standard of living; (3) fostering "a caring society" by expanding social programs for the underprivileged class which includes the elderly, disabled, and children.
To develop and implement the social insurance system, the government first adopted measures required for financial integration and reinforcement of the medical insurance scheme: In July 2000, the National Medical Insurance Corporation and Workers' Association joined forces to form one organization to stabilize the implementation of the national health insurance scheme. Equity was improved by applying the principle of contributing the same insurance payment for the same income. The medical insurance payment period was increased from 330 to 365 days per year to reduce the burden on long-term care patients. The government's financial support was increased for the stable and sound operation of the medical insurance scheme.
The government has also taken measures to expand and fix the national pension scheme: since July 2000 Special Elderly Pension has been paid to those over 60 who live in rural areas and have been pension subscribers for more than five years. Employees of small businesses with less than five workers have been incorporated into the scheme since October 2000 to decrease their out-of-pocket payment
The government established a comprehensive social safety network by introducing a national livelihood security system: Livelihood allowance has been paid to the low-income class living under the minimum standard of living, regardless of age and ability to work. About 1,540,000 persons were paid 205,000 won(US$ 166) per month in 2000, while 540,000 persons were paid 178,000 won(US$ 148) per month in 1999.
The government has taken various measures to protect the basic livelihood of the underprivileged in society such as the elderly, the disabled, single-parent families, and children. These include:
- for the welfare of the elderly: expanding pension recipients (from 660,000 persons in 1999 to 715,000 in 2000), providing free meals for those in need, and reducing the age bracket of those benefiting from the decreased out-of- pocket insurance payments.
- for the welfare of the disabled: expanding the definition of disability to those with chronic renal and heart disorder, severe mental illness, and autism, enforcing the Promotion of Employment and Self-support of the Disabled Persons Act, implementing an order system for the government and public institutions to purchase products manufactured by disabled persons in order to promote their production activities, and raising funds to expand accommodation facilities for the disabled
- for child welfare; introducing a system of obligatory report on child abuse to prevent violence against children, providing free education of 5-year-old children of the low- income class, and paying the tuition of high-school students with low-income single parents.
22. Please explain what measures have been taken to provide industrial accident compensation for workers suffering from injuries, diseases or disabilities.
The Industrial Accident Compensation Insurance System has been in operation to compensate workers for work-related injuries, diseases or disabilities due to neglect on behalf of employers. Insurance benefits such as medical care, disability, funeral expense assistance, survivors' family benefits and injury/disease compensation pension are provided to workers suffering from any injury or disease requiring more than four days' care, or from physical disabilities or deaths (in which case the worker's family would be compensated) caused by their duties.
Under the Industrial Accident Compensation Insurance System, the Government collects an insurance premium from employers on an annual basis in preparation for cases where employers cannot afford to pay workers or their families adequate compensation, while supporting part of the office work expenses for the Insurance System. The Korea Labor Welfare Corporation has overseen this System's operations so as to promote the efficiency and professionalism of insurance-related tasks.
Financial support covering living and school expenses has been provided to severely disabled workers who have lost the ability to work because of industrial accidents in an effort to help them build and stabilize their livelihood. Medical service facilities, self-help workshops, and rehabilitation programs have been in place to help injured workers recover, return to their normal lives and rehabilitate themselves.
Article 10 : Protection of the Family, Mothers and Children
23. Statistics compiled by the Health and Welfare Ministry of Korea showed that in 1998, 9,292 children under 18 were either placed into state care or deserted by parents grappling with family problems related to the economic crisis. Please explain what measures have been taken by the State party to prevent the exploitation of these children
The government has adopted appropriate measures to keep children from being exploited in any way by their absent or neglectful guardians who have not attended to their needs.
In 1992, a total of 9,292 children were protected, as the table below illustrates. Of this total, 5,112 were accommodated and sheltered in the following: 4,948 in children's facilities; 132 in facilities for disabled children; and 32 in facilities for unmarried women. Of the remaining 4,180, 2,379 children were cared for in foster homes; 1,283 were adopted; and 518 were provided with livelihood allowance as heads of household. With the country's improved economic situation, the number of children needing protection has decreased from 9,292 in 1999 to 7,693 in 2000.
[Table] Current status and contents of child protection for 1999
24. Please indicate what legal and administrative measures have been taken by the government to combat marital rape and other forms of violence against women.
The government has taken a variety of legislative and administrative measures to combat sexual and other forms of violence against women, though the country has no legal system, specific to the concept of "marital rape."
First of all, as a general legal basis, the Act on Punishment of Sexual Violence and Protection of Victims Thereof was enacted on 5 January, 1994 and enforced from 1 April 1994. In accordance with the relevant provisions of the Act, the Government has taken various administrative measures to prevent sexual violence against women, protect the victims of such violence, and punish violators. Among those measures are (1) operating 59 consultation centers on sexual violence, (2) operating 7 protection centers for victims of sexual violence, (3) training consultants on sexual violence, and (4) providing sexual education for adolescents.
There is also an additional measure for the special purpose of protecting victims of domestic violence: the Act on Prevention of Domestic Violence and Protection of the Victims, enacted in December 31, 1997 and enforced from July 1, 1998. The government has taken measures in addition to besides punishing violators: (1) operating 116 consultation centers on domestic violence, (2) operating 27 protection centers for victims of domestic violence, and (3) providing training on preventive measures against domestic violence, and raising awareness of this.
Emergency response services are also provided for women in urgent need of protection, and 53 emergency shelters are operated.
25. What measures is the government taking to combat the problem of street children ?
Among measures to combat the problem of street children, the government has provided consultation and supervision to enable them to return home. However, street children without a home to return to are placed and cared for in government-operated facilities.
The street children accommodated at these facilities have been provided with the basic elements of food, shelter, and clothing. The government has provided them with opportunities to attend schools during their stay at the facilities. Those suffering from particular diseases have been provided with medical services and drug addicts have been provided with continuous treatment and consultation.
26. Please indicate the minimum working age for children and explain what government measures have been adopted to protect children from exploitation
According to Article 62 of the Labor Standards Act, persons under the age of 15 shall not be employed, unless they have a permit issued by the Minister of Labor. The employment permit may be issued on request specifying work type, provided this activity would not impede compulsory education. The permit can not be issued for an occupation detrimental to the applicant's health.
Article 63 of the Labor Standards Act stipulates: Those who are under 18 shall not be employed for any work detrimental to morality or health. Article 67 of the Act also provides: Working hours of a person aged between 15 and 18 shall not exceed seven hours per day and forty-two hours per week. If both parties have reached agreement, working hours may be extended up to an hour per day, or six hours per week.
According to the Enforcement Decree of the Labor Standards Act, the Minister of Labor reserves the right to cancel employment permits that have been acquired under false pretense, and order the employer to terminate employment of any person under 15 engaged in harmful or dangerous working activities.
In addition, to prevent arbitrary labor contracts lacking the consent of minors, Article 65 (1) of the Labor Standards Act provides that neither parent nor guardian shall enter into a labor contract on behalf of a minor. According to Article 65 (2) of the Act, a parent and guardian of a minor or the Minister of Labor may terminate a labor contract if it is disadvantageous to the minor.
The government ratified Convention No. 138 on Minimum Age in January 1999, and is pushing forward Convention No. 82 on Worst Forms of Child Labor unanimously adopted at the 87th International Labor Conference, for ratification within this year.
27. Please indicate whether the State party envisages ratifying the Optional Protocol to the Convention on the Rights of the Children on the sale of children, child prostitution and child pornography, and what measures it has taken to protect children from sexual exploitation.
The Korean government has signed the Optional Protocol to the Convention on the Rights of the Children on the sale of children, child prostitution and child pornography, and is considering its ratification in a favorable light. The government wants to participate in international collaborative efforts to eradicate these problems.
To protect children from sexual exploitation, the Korean government is enforcing severe punishment for crimes related to the sale or exploitation of children, in accordance with the Criminal Act, Child Welfare Act, and Sexual Protection for Adolescents Act.
In order to supplement legal punishment as stated in the recently enacted Sexual Protection for Adolescents Act, personal information on the sexual exploiters, buyers and sellers of children is publicly announced to disgrace their social status.
An emergency call service operates to receive any report on sexual violence and exploitation against children. If a crime occurs, it is reported to the Police Office, and officers are immediately mobilized to provide the needed medical treatment or protection.
28. According to the State Party's report, 40% of the population lived below the poverty line, despite Korea's rapid economic growth. Please explain the State Party's policies on the matter.
That "40% of the population lived below the poverty line" was a misstatement that should read "40% of the low-income class lived below the poverty line" instead. This is determined from research carried out every five years. Statistics were shown in paras. 192-193 of the ROK's second periodic report.
Protection of the low-income class has been implemented through the National Basic Livelihood Security Act enacted on August 12, 1999. This newly enacted Act is a public assistance system devised to strengthen the government's responsibility to protect the low-income class by securing the minimum standard of living for those in absolute poverty who need government protection.
Basic livelihood security - livelihood, residential, educational, and medical aid - has been provided for eligible recipients regardless of age or ability to work. Comprehensive self-aid services such as job placement, vocational training, joint self-aid programs, and special loans have been provided for persons able to work. There are also supplementary conditional benefits and income tax breaks to attract people to work.
To secure a basic livelihood for the low-income class earning less than the minimum cost of living, the government has, first of all, provided living expenses for households with an income below the minimum cost of living, regardless of the age of beneficiaries and their ability to work. The number of eligible recipients increased from 540,000 persons in 1999 to 1,540,000 in 2000. An additional house maintenance benefit (17,000 won(US$ 14) per month) has also been provided to stabilize low-income households.
29. In its previous concluding observations, the Committee recommended that the State Party take appropriate measures to guarantee more effectively the right to housing and, in particular, to ensure that no evictions are carried out without offers of alternative housing in accordance with the Committee's general comment No. 4. Please indicate whether the Committee's recommendation has been implemented. Furthermore, please provide detailed information on the number of the people who had been evicted as a result of the redevelopment process over the last five years and whether they have been adequately compensated.
Information on the efforts to ensure that no evictions are carried out without offers of alternative housing was provided in paras. 216-217 of the country's second periodic report. According to the provisions of Article 27 of the Urban Redevelopment Act, developers cannot execute a redevelopment project unless they either provide temporary accommodations for residents whose homes are to be demolished, within the redevelopment area concerned or at an appropriate facility outside of the area, or unless they take necessary measures corresponding to the aforementioned temporary accommodation such as providing housing loans.
Furthermore, in accordance with the Special Regulation on Acquisition of Public Lots and Compensation for Losses, developers must provide these tenants with either temporary housing or, if tenants prefer, alternative rental payments.
The table below shows the number of those forcibly evicted due to housing redevelopment projects were 1995-1999 period and measures taken. A total of 64 areas redeveloped during that period. Redevelopment association members among the evicted are those who disagree with the implementation of redevelopment projects. All residents (tenants) were counted as having been forcibly evicted from their homes.
30. Please provide information on the extent of homelessness in the Republic of Korea.
The homeless, defined as those who beg or roam the streets for an extensive period of time without having regular shelters, have been housed in social security facilities in accordance with the Livelihood Assistance Act, as stated in para. 213 of the country's second periodic report.
There are 150 temporary shelters nationwide operated by various religious groups and civil organizations to protect the homeless, and a government grant is provided for their food and clothing. Those needing long-term protection due to severe physical and mental disabilities are placed in 45 welfare facilities. The government is taking measures to implement various rehabilitation and self-aid programs to enable the homeless to return to society as quickly as possible.
31. Please provide information on the functioning of the Residential Protection Target Groups referred to in paragraph 223 of the State party's second periodic report. What are the criteria for eligibility and how many Koreans profit from the programme ?
The Residential Protection Target Groups, once recognized under the now-obsolete Livelihood Protection Act, have since been incorporated into a comprehensive system to protect the low-income class: the National Basic Livelihood Security Act, enacted on August 12, 1999 and enforced as of July 1, 2000. The National Basic Livelihood Security Act established a public assistance system stressing the state's responsibility in protecting the population in absolute poverty. Focus is placed on securing the minimum standard of living for the poor.
This system provides livelihood, residential, educational, medical, funeral, and maternity aid to eligible recipients, regardless of age or ability to work, and provides comprehensive self-aid services including vocational training and special loans for those who are able to work. The criteria for eligibility is based on the minimum standard of living. Households with an income which falls below the minimum cost of living are selected as recipients. Most eligible recipients are the population in absolute poverty.
In accordance with Article 2 of the National Basic Livelihood Protection Act, the minimum cost of living for the year, defined as minimum cost needed to maintain a healthy and cultural life, varies depending on region, household type, income and expense level, living patterns, and inflation rate. This is determined based on an investigation carried out every five years. Households without a main breadwinner or heads of household unable to work are eligible for benefits if their evaluated individual means fall under the criteria determined by the Minister of Health and Welfare every year.
As of September 30, 2000, there were approximately 1,540,000 eligible recipients under the National Basic Livelihood Security System. The minimum per capita standard of living based on a poverty line in the year 2000 is 320,000 won per month.
In determining the benefit amount, Article 7 of the National Basic Livelihood Security Act stipulates a principle of supplementary payment: the higher the income of recipients, the less benefits they receive. The table below shows the amount of benefits by member(s) per household.
Article 12 : Right to Health
32. Please indicate the evolution of State expenditure on public health care over the last five years.
Expenditure on Public Health Care by Ministry of Health and Welfare and its Affiliated Institutions
(US$ 1000)
The expenditure of local governments, health institutes and other public health care ministries were not included.
33. Please provide information on the measures taken by the State party to eradicate the practice of identifying the sex of foetuses leading to unsafe abortions and to a high rate of maternal mortality.
The country's tradition of preferring a son to a daughter and the development of medical technology have been responsible for the practice of identifying the sex of foetuses in the country. Table one shows the number of artificial abortions per 1000 women and the ratio of women who have experienced artificial abortion. Table two shows gender ratio at birth.
[Table 1] Number and Ratio of Artificial Abortion
1) average number of artificial abortions per 1,000 women
2) ratio of women who have experienced an artificial abortion(s)
[Table 2] Gender Ratio at Birth
number of male infants per 100 female infants
The practice of identifying the sex of foetuses in the country has led to unsafe abortions and to a high rate of maternal mortality. It has also had negative effects on the society such as an increase in involuntarily unmarried persons, sexual crimes, and threats to women's reproductive health. To root out this practice, the government has prohibited medical personnel, from identifying the sex of foetuses, strengthened its supervision, and inflicted a heavy penalty on violators.
The government has also taken measures to improve the legislative framework and social awareness against gender discrimination, including: opening more jobs to women, providing health insurance benefits for wives' parents, revising the Sexual Equality Employment Act, revising the Family Act to secure the status of women as household heads and equal inherited property between men and women, eradicating gender discrimination through such as measures as enacting the Framework Act on Women's Development and enforcing gender equality through the acquisition of nationality.
34. Please explain the extent of medical assistance offered by the State party to refugees and asylum seekers, notably those housed in reception centers.
According to Article 8 of the Framework Act on Social Security, the application of the social security system for foreigners residing in Korea is based on the principle of reciprocity and determined by related laws and regulations. However, there is no provision concerning the application of the Medical Service Act to any foreigner, including refugees and asylum seekers. So far, foreigners' rights to social security benefits have not been accepted. It should be noted that the current absence of applicable regulations on this matter is closely related to the very limited number of eligible applicants.
As of yet, there are no reception centers for refugees and asylum seekers. The government, however, from a humanitarian point of view, will take appropriate measures to provide medical assistance to refugees and asylum seekers.
35. Please indicate what percentage of the State budget was earmarked for education during the past five years.
(100 million won) (US$ 1=1,200 won)
36. While primary education is free, secondary and tertiary education fees are high. This explains, in part, the disparities between the educational levels of women and men. Please explain the persistence of the above education policies despite Korea's rapid economic growth.
As free secondary education requires the government to bear an enormous financial burden, which currently amounts to 4.1 trillion won (about US$ 3.4 billion, US$ 1=1,200 won) a year, the government has offered free secondary education step by step from middle school. At this stage, students of low-income families are provided subsidies, ensuring proper education for children of disadvantaged groups.
The government has made efforts to expand opportunities for higher education, although free tertiary education has not been provided due to budget restraints. There are also certain limitations in lowering tertiary education fees because most funds come from students' tuition fees.
However, relatively high education fees for higher education do not seem to contribute to the disparities between the educational levels of men and women. In fact, as of year 2000, the number of female graduates of higher education(colleges, graduate schools) roughly equals that of male graduates.
Moreover, government subsidies for low income families are provided without taking the gender of recipient students into account. Statistics also show that the percentage of female students at the higher education level has increased from 36.9% in 1996 to 38.3% in 2000, while education fees have increased 30.6% over the same period.
37. Please explain why no human rights education is made available at primary, secondary and higher levels of education despite the 1993 Vienna Conference on Human Rights call on states to provide such education.
The government has fostered the respect for human rights in students' minds by including human rights education in its formal education curriculum. Human rights, an essential element of school education, are taught in all scopes of school activities including curricular, extracurricular and elective activities. Human rights are reflected in the curriculum's goals and objectives, and integrated into the teaching of other subjects such as social studies and ethics.
In addition, primary and secondary schools have tried to help students acknowledge the importance of human rights by fostering a culture of respect for human rights in schools by banning corporal punishment and guaranteeing students' procedural rights in the discipline process.
Human rights education at the higher levels is left to the discretion of the education institutions. The government has encouraged higher education institutions to incorporate human rights education into their curriculum without interfering in their academic autonomy.
38. To what extent does the Korean government exercise censorship on cultural and educational activities ?
In principle, the government does not censor any cultural and educational activity. However, it should be noted that the Korea Media Rating Board, a civil organization, has been established to rate audio-visual material such as films, videos, and games into four categories, depending on content contained in the material and the audience's age: open to all viewers, not permitted for audiences under the age of twelve, fifteen, and eighteen respectively.
This rating system was introduced to uphold good morals and principles and protect children by preventing them from viewing material that contains violence and obscenity. The Korea Media Rating Board, a civil self-regulation body, implements the ratings' detailed standards.