Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Assessment of the gender wage gap. The Committee notes from the Government’s report that in 2007 women earned 62.8 per cent of men’s average annual wages, which amounts to a gender pay gap of 37.2 per cent (2002:36.7 per cent; 2004: 38.3 per cent). According to the 2007 Wage Structure Survey, women’s average monthly wages were 33.6 per cent lower than men’s. The gender wage gap (average monthly wages) was 10 per cent or less for women in their twenties, whereas women in their forties and fifties earned 40 per cent less than men in the same age bracket. The Committee also notes from the Government’s report that when the hourly total wages of regular and non-regular workers at the same workplace, and of the same age, level of seniority and educational background are compared, male non-regular workers earned 11.6 per cent less than regular workers, while the wage gap was considerably wider for female non-regular workers who earned 19.8 per cent less than regular workers (2007 Survey Report on Labour Conditions in Establishments). The Committee concludes that there is no discernible trend towards a narrowing of the very wide and persistent gender wage gap, with women, on average, earning less than two-thirds of the wages earned by men. The Committee asks the Government to continue to provide statistical information on the gender wage gap that will allow the Committee to assess the evolution of the gender pay gap over time, including data calculated on the basis of hourly wages, and also data disaggregated by industry and occupation, as well as age group.

Articles 1, 2 and 3 of the Convention. Equal remuneration for work of equal value – comparing remuneration for jobs of a different nature. The Committee recalls that the Ministry of Labour’s Equal Treatment Regulation (No. 422) provides that work of equal value refers to jobs which are equal or almost equal by nature or which, though slightly different, are considered to have equal value. The Committee considered that limiting the possibility of comparing work performed by men and women to “slightly different” work, as provided for in the Regulation, appears to limit unduly the full application of the principle of equal remuneration for men and women for work of equal value as set out in the Convention. The concept of “work of equal value”, as provided for in the Convention, also encompasses work that is of an entirely different nature but which is nevertheless of equal value (see general observation, 2006).

In its report, the Government once more indicates that the Ministry of Labour is planning to improve the existing regulation, but also states that it would be desirable for the concept of work of equal value to be developed through rulings of dispute settlement bodies. The Government also views the continued widespread use of seniority-based pay systems as an impediment to applying the principle of the Convention. The Committee considers that given the restrictive understanding of the concept of “work of equal value” as prescribed by Regulation No. 422 and accepted by the Supreme Court in its ruling of 14 March 2003 (2003DO2883), the courts may be unable to develop their jurisprudence on this point in a direction that would broaden the current restrictive scope of comparison. In the light of the persisting and very wide gender pay gap, the Committee recalls its 2006 general observation in which it noted that legal provisions that are narrower than the Convention’s principle hinder progress in eliminating gender-based pay discrimination against women and urged the countries concerned to amend their legislation. The Committee asks the Government to provide information on the progress made in revising the Equal Treatment Regulation No. 422 with a view to bringing it into full conformity with the Convention.

The Government previously indicated that it planned to carry out awareness-raising activities to promote the integration of the principle of equal remuneration for work of equal value in human resource management. In this regard, the Committee notes that the Government has advised some 50 enterprises on job-based wage systems since 2007 under a pilot programme. The Committee also notes that the Ministry of Labour conducted research on the application of the principle of equal remuneration for work of equal value in job-based pay systems and prepared a workplace manual on this topic. The Committee asks the Government to provide a summary of the results of the research on the application of the principle of equal remuneration for work of equal value in job-based pay systems, as well as a copy of the workplace manual. It also asks the Government to continue to provide detailed information on the measures taken or envisaged to promote the application of the principle of the Convention at the enterprise level, including its application in the context of the management and pay systems, and to indicate the results secured by such action.

Application of the principle beyond the enterprise level. In its previous comments, the Committee recalled its General Survey of 1986 on equal remuneration in which it noted that, with a view to applying the principle of the Convention, the reach of comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (paragraph 72). Noting from the Government’s report that at present no measures are being envisaged in this regard, the Committee trusts that the Government will give due consideration to this matter and asks the Government to keep the Committee informed of any progress made in promoting and ensuring the application of the principle of equal remuneration for men and women for work of equal value beyond the level of the establishment.

Enforcement. The Committee notes from the Government’s report that since the Supreme Court’s ruling of 14 March 2003 (2003DO2883) no further court decision on the principle of equal remuneration for men and women for work of equal value has been rendered. In 2007, the labour inspectorate found 11 cases of violation of the principle of equal remuneration. The Committee asks the Government to continue to provide information on the activities of the labour inspectorate to enforce the equal remuneration legislation, including information on the nature and substance of the cases addressed. It also asks the Government to provide information on any new court decision regarding the principle of equal remuneration for men and women for work of equal value as guaranteed under the Equal Employment Act.