Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) and the Federation of Korean Trade Unions (FKTU) received, respectively, on 18 July 2022 and 8 September 2023. It also notes the comments of the Government on FKTU’s observations dated 5 October 2023.

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls, once again, that section 8(1) of the Equal Employment Opportunity and Work–Family Balance Assistance Act only provides for equal wages for work of equal value “in the same business” and that the Equal Treatment Regulation (No. 422) limits the possibility of comparing work performed by men and women to “work of a similar nature”. It notes the Government’s indication that section 4(1) of the Operational Guidelines on Equal Employment Opportunities for Men and Women, which was drawn up to ensure equal opportunities and treatment for men and women and to support workers’ work-life balance, stipulates that “work of equal value” under the Act means work of the same or similar nature between men and women compared to each other in terms of skills, efforts, responsibilities and working conditions required to perform labour, or work that is recognized as having essentially the same value by methods such as job evaluation even if the two jobs are somewhat different. It also notes the Government’s statement that extending the scope of comparison beyond the same workplace or the same company might be unreasonable or place undue burden on small business owners. Taking into consideration the extremely high and persistent gender wage gap (31.2 per cent in 2022 according to data from the Organisation of Economic Co-operation and Development (OECD)) and the occupational gender segregation of the labour market in Korea, the Committee wishes to recall that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. For more information in this regard, the Committee refers the Government to its General Survey of 2012 on fundamental Conventions, paragraphs 672–675. The Committee once again urges the Government to ensure that its legal framework does not only provide for equal remuneration for equal, the same or similar work, but also addresses situations where men and women perform different work that is nevertheless of equal value, including beyond the same establishment or enterprise, so as not to hinder progress in eradicating gender-based pay discrimination.

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