Committee on Economic, Social and Cultural Rights
Fifth periodic report submitted by the Republic of Korea under articles 16 and 17 of the Covenant, due in 2022 *
[Date received: 1 December 2023]
1.The Government of the Republic of Korea (Government) hereby submits its fifth periodic report on the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in accordance with Articles 16 and 17 thereof. This report outlines the actions taken by the Government to implement the ICESCR from October 2017 to October 2023, with reference to the Guidelines on Treaty-Specific Documents to be Submitted of the Committee on Economic, Social and Cultural Rights (E/C.12/2008/2), General Assembly resolution 62/268 and the Concluding Observations following the review of the fourth periodic report (E/C.12/KOR/CO/4).
2.Drafting of the report was directed by the Ministry of Justice (MOJ), based on the data from relevant government ministries and agencies. In preparing the report, the MOJ organized a consultation meeting with the National Human Rights Commission of Korea (NHRC) and civil society organizations on 18 August 2023. Each ministry and agency reviewed the opinions from the meeting, reflected some of the views and finalized the report.
General Obligations
National Action Plan for the Promotion and Protection of Human Rights (NAP)
3.Regarding Recommendation 6(a), in 2022, the Government has conducted an evaluation study on the implementation of the 3rd NAP (2018–2022) and published the final report on the MOJ’s official website.
4.Regarding Recommendation 6(b), the Government has worked to incorporate the recommendations of the Committee on Economic, Social and Cultural Rights (Committee) into the 3rd NAP. For those have not yet fully incorporated, the Government will continue to make its efforts to improve domestic conditions to do so. Furthermore, the 3rd NAP stipulates that ‘relevant ministries and agencies shall assume responsibility for the implementation hereof, implement it in good faith and collaborate for its smooth implementation’.
5.Regarding Recommendation 6(c), the Government ensures the participation of NHRC and civil society, pursuant to the Regulations on the National Human Rights Policy Council (Presidential Decree), which sets an institutional foundation for establishing and implementing the NAP. The Government is in the process of developing the 4th NAP, aligning it with the human rights policy framework of the new administration, international human rights standards and responding to new and emerging issues.
Application of the ICESCR
6.Regarding Recommendation 8(a), the Government is awareness of the ICESCR and the rights enshrined therein. This effort extends to government agencies, including the judiciary, as well as the general public, ensuring the full incorporation of the ICESCR into the domestic legal framework, in accordance with Article 6 of the Constitution of the Republic of Korea.
7.The Judicial Research & Training Institute remains committed to offering training sessions on the rights in the ICESCR and considerations in social rights-related trials to judges and others who are interested. The Institute will continue to offer training courses and organize sessions on the ICESCR to raise awareness on the ISCESCR and its significance. (Annex, Table 1).
8.Since 2018, the Institute of Justice has added human rights training courses into the foundational training program for prosecutors. The specialized human rights education courses, in particular, are designed to foster understanding of human rights issues in the different areas, including persons with disabilities, foreigners and North Korean defectors. (Annex, Table 2).
9.In April 2023, the MOJ organized ‘UN Human Rights Mechanism Workshop’ which was designed to improve understanding of public officials on UN human rights mechanisms including national reporting and follow-up mechanisms, the treaty bodies and the Committee’s concluding observations. Officials from the legislative and judicial body also participated the workshop.
10.Regarding Recommendation 8(b), the Government regularly organizes public events, including forums, seminars and symposium on international human rights, to stimulate public discourse on the ICESCR and other international human rights treaties and major international/domestic human rights issues. These initiatives also aim to encourage public participation and discussions in the national mechanism for reporting and follow up through various meetings and public hearings. Moreover, the MOJ’s website provides the full text of the ICESCR, the Government’s previous reports and the replies to the List of Issues translated into Korean.
11.Regarding Recommendation 8(c), the current Constitution stipulates rights that are also guaranteed under the ICESCR, intellectual property rights (Article 22), the right to education (Article 31), the right to work (Article 32), three rights related to work (Article 33), and the right to a healthy environment (Article 35), among others. In 2018, a constitutional amendment bill was introduced to the National Assembly (NA), seeking to strengthen the guarantee of fundamental rights, including social rights. However, the bill did not pass due to a lack of quorum.
12.There are some of the court decisions directly referred some of the provisions of ICSECR, such as anti-discrimination (Article 2-2), labor rights (Article 8), family protection rights (Article 10) and cultural diversity (Article 15). More details are provided in Annex, Table 3.
Access to Remedies
13.Regarding Recommendation 10, Article 128 of the Civil Procedure Act provides a legal aid system for individuals with insufficient financial means to cover litigation costs, ensuring that the right to a fair trial is practically guaranteed by the State. The budget allocated for legal aid has seen a consistent increase, rising by approximately 30% from 2017 to 2021 and the number of cases supported by legal aid has shown significant increase from a total of 8,090 in 2017 to 17,665 in 2021. (Annex, Table 4).
Maximum Available Resources
14.Regarding Recommendation 12(a), statistics on public social welfare expenses is described in Annex, Table 5.
Anti-corruption
15.Regarding Recommendation 14, the Government enacted the Public Interest Whistleblower Protection Act in 2011 to ensure strict confidentiality and identity protection for whistleblowers. Subsequent amendments have been made to address deficiencies in the law. The scope of laws related to public interest infringement acts subject to public interest reporting has significantly been expanded, from 180 at the time of enactment to 471 in 2021.
16.The Improper Solicitation and Graft Act has been effective since September 2016. By 2022, a total of 13,524 violation reports were received by public institutions at all levels, comprising 8,211 (60.7%) cases of improper solicitation, 4,900 (36.2%) cases of graft, and 413 (3.1%) cases of excessive honoraria for outside lectures. (Annex, Table 6).
17.The Government amended the Improper Solicitation and Graft Act in 2022, adding ‘selection of apprentices and scholarship students’, ‘examination of theses and granting of degrees’, and ‘prison officer duties such as guidance, treatment and correction of prisoners’ to the list of jobs that are subject to the prohibition of improper solicitation and introduced the ‘non-real name reporting by proxy’, allow citizens to appoint ‘proxy’ lawyers to report on their behalf in order to keep confidentiality of their personal information.
18.The Government manages reported corruption cases and identifies corruption-prone areas through the Clean Portal system, which is a comprehensive anti-corruption information system for public to report online and access relevant anti-corruption information. It collects reports on violations, handles reporting statistics, monitors the public officials at all levels including those who were dismissed due to corruption, and checks the vulnerable areas of corruption, preemptively addressing the corruption issues. (Annex, Table 7–8).
Official Development Assistance (ODA)
19.Regarding Recommendation 21(a), the Government remains committed to increasing the ODA to GNI ratio to fulfill its responsibility to contribute to the international community. Despite recent fiscal consolidation, the Government has increased its ODA budget by 21.3% in 2023. Since joining the OECD Development Assistance Committee (DAC), the Government has continuously expanded ODA volume by 11.1%, the second highest average annual growth rate among the members. In 2021, the ODA volume reached USD 2.87 billion, which is more than double the USD 1.17 billion spent in 2010. However, the ODA/GNI target (0.7%) of international recommendations needs to be pursued in a long-term perspective, considering circumstances such as the fiscal conditions of the Government. Aligned with the Strategic Plan for Official Development Assistance under the Yoon Administration, the Government seeks to increase the ODA/GNI ratio by continuously expanding the volume of ODA to the 10th largest in the world.
20.Regarding Recommendation 21(b), the Government shares the necessity of increasing grant shares to the least developed countries (LDCs). Yet, it is necessary to address the growing demand for concessional loans from LDCs for building infrastructure. From 2012 to 2021, the average ratios of loans to grants for the LDCs is 47 to 53 without much variation. The Government selects recipient countries considering the capacity of foreign debt repayment, OECD country risk classifications, etc., when providing Economic Development Cooperation Fund (EDCF), and provides loans with higher concessionality rates to the LDCs compared to other countries.
21.In accordance with the 3rd Comprehensive Strategy for International Development Cooperation (2021–2025), the Government seeks to maintain a 40 to 60 ratio of concessional loans to grants on a grant equivalent basis with annual adjustments as needed within a certain range, and will continue to be committed to achieving an appropriate ratio over time.
Article 2 Non-discrimination
Comprehensive Anti-Discrimination Act
22.Regarding paragraphs 23 and 25(c), four draft bills for the comprehensive anti-discrimination act which includes the provision states sexual orientation and gender identity as areas and grounds of discrimination were presented to the 21st NA. A public hearing with regards to those bills was held at NA in May 2022.
Discrimination Based on Sexual Orientation and Gender Identity
23.Regarding Recommendation 25(a), the Supreme Court has ruled that Article 92-6 of the Military Criminal Act shall not be applicable to the cases of consensual anal intercourses or other similar acts between same-sex military persons in private spaces that do not directly and specifically harm the military community’s well-being and discipline.
24.Regarding Recommendation 25(b), there was a landmark second-trial ruling to recognize a same-sex partner as a dependent of an employee eligible for employer-provided health insurance. However, Supreme Court’s decision is still pending. The issue of whether a same-sex partner can be considered to receive spousal coverage of health insurance requires further careful consideration.
25.Regarding Recommendation 25(d), the NHRC has participated in the events each year since the 18th Seoul Queer Culture Festival in 2017. To deliver messages of solidarity with the LGBTQI community and combat hate and discrimination, the Commission has displayed rainbow banners at its building and broadcasted rainbow electronic boards during the festival. In 2019, the commission conducted the ‘Mazoo (encountering) Campaign’ to promote an anti-hate and anti-discrimination culture against minorities, including LGBTQI. Additionally, in May 2022, a TV program about anti-discrimination was aired on the International Day against Homophobia, Transphobia and Biphobia in collaboration with a local broadcasting company.
Foreigners
26.Regarding Recommendation 27, the Government is advocating for the implementation of a ‘birth registration system of foreign children’ to guarantee universal birth registration, irrespective of their parents’ status of residence. A bill on Birth Registration of Foreign Children was introduced to the NA in June 2022. This bill is designed to allow parents, etc., to register the birth of a child, who is not granted Korean nationality, yet born in Korea and apply for peruse and issue of the certificate to prove the child’s birth and identity. Another bill which prescribes obligations of healthcare professionals including doctors and midwives to notify the birth to mayors, governors and heads of administrative districts (eup, myeon) was proposed in June 2023, and currently under consideration at NA. Prior to the implementation of birth registration system, the Government launched alternative policies, such as the reporting period for unregistered children, nationwide inspection of newborn babies with temporary numbers for immunization. From August 23 to October 6 2023, the national child census was conducted to investigate the whereabouts, the registration status and parenting conditions of 5,183 foreign children born in South Korea from 2015 to 2023.
27.The MOJ operates a website, Hi-Korea (www.hikorea.go.kr) providing foreigners with information on key aspects of everyday lives, such as housing, transportation, education and healthcare. To make it easier for foreigners to live their lives and exercise the rights while living in Korea, the Government is promoting the ‘Standardization of Personal Information of foreigners’, which is designed to provide basic personal data on passports to administrative agencies when entering Korea. In addition, the Government offers customized training courses to the growing population of foreign residents and permanent residents to increase the knowledge of their rights as members of the society and to support early social integration.
28.The Basic Living Security Benefit (BLSB) is provided primarily to Korean nationals, but foreign nationals shall also become a recipient if they meet certain criteria outlined in the Basic Living Security Act. For instance, foreign nationals residing in South Korea who are married to a Korean national and either they or their spouse is pregnant or raising a child of Korean nationality are eligible for BLSB. As of 2022, a total of 6,842 foreigners are receiving BLSB.
29.Any foreigner who has stayed in Korea for over six months, and/or meets other specific requirements, is subject to mandatory subscription to health insurance. The number of foreign health insurance subscribers increased from 950,000 in December 2018 to 1.32 million in December 2022. However, for self-employed subscribers, household composition is limited to spouses and minor children, insurance fees are calculated higher than the average. This is due to difficulties in verifying the income and assets, household composition of foreigners residing in Korea through the resident registration system. Nevertheless, for foreigners with a living base in Korea and expected to stay for an extended period, such as permanent residents, those with marriage immigration status and refugees, health insurance premiums are calculated based on their income and assets identified in Korea, similar to Korean nationals. Additionally, premiums are reduced for foreigners residing in rural areas or with humanitarian status.
30.COVID-19 diagnostic tests and vaccinations were provided free of charge to all foreigners residing in Korea regardless of their immigration status. The Government advised that there would not be any disadvantages related to their stay as information on diagnostic tests and vaccinations will not be reported to immigration authorities.
31.Since 2021, migrant workers who enter Korea under the employment permit system, are subject to mandatory subscription to employment insurance in phases. The number of subscribers are consistently increasing.
32.In April 2019, the amendments to the Immigration Act were made to grant a humanitarian status (G-1) to foreign children and their guardians undergoing court’s trial, investigations or other remedial procedures for child abuse according to relevant laws. The amended provisions allow them to stay in the country until the judicial process is completed with the possibility of additional extensions if necessary for recovery after the expiration of the initial stay period.
Article 6 Right to Work
Article 7 Right to Just and Favorable Working Conditions
Non-Regular Workers
33.Regarding Recommendation 29(a), the current labor-related laws already cover subcontracted and dispatched workers. Yet, as for persons in special type of employment, due to unclear concepts and various service types within and between occupations, the application of labor-related laws require careful consideration through further studies and public discussions. There are only some occasions where the persons in special type of employment are eligible for employment insurance and occupational health and safety insurance, and were recognized as workers under the Trade Union and Labor Relations Adjustment Act and the Labor Standards Act, they are protected under the Acts, but otherwise the Trade Union and Labor Relations Adjustment Act is not applicable to the persons in special type of employment. The Government plans to work on legislation to safeguard the minimum rights of all labor providers, including persons in special type of employment. In the meantime, the Serious Accidents Punishment Act was enacted in January 2021 to prevent serious accidents by stipulating punishment for the management responsible for violating their obligations to take safety and health measures and cause personal injury, and those protected by the Act include ‘person who provide labor’, including subcontractors and other persons in special type of employment.
34.Regarding Recommendation 29(b), Article 28 of the Labor Standards Act, etc. allows a fixed-term worker whose contract renewal was unfairly denied to pursue rights redress through procedures before the Labor Commission and the courts. If a dismissal is deemed to be unfair, the employee is entitled to reinstatement and wages that the employee would have received if he or she had provided labor during the period of dismissal. Given that such procedures for unfair denial of a contract renewal are already in place, introducing additional legislative measures may be challenging. Moreover, adding penalty provisions solely for the unfair dismissal of fixed-term workers may not be considered as fair compared to the unfair dismissal of indefinite term contract workers, since the employer is only obliged for reinstatement and wage compensation without additional criminal penalties.
35.Regarding Recommendation 29(c), to ensure the legitimacy and compliance of the worker dispatch services, and to rectify any illegal dispatch contracts where they are in the form of service provision and subcontract but constitute worker dispatch in practice, the Government is conducting labor inspections, especially targeting those workplaces utilizing the dispatching and internal subcontracting systems. If a person is recognized as illegally dispatched, the company must directly employ them. When failing to do so, the company will be fined up to KRW 30 million. Also, discrimination against non-regular workers is on the mandatory inspection agenda in all labor inspections. Regional ministries and offices of employment and labor have designated supervisors specialized in discriminatory actions, offering on-site guidance and inspections, addressing workplace discrimination. (Annex, Table 9)
Application of Labor Act
36.Regarding Recommendation 31, the current Labor Standards Act is in principle applicable to all industries. In June 2021, the Act on the Employment Improvement of Domestic Workers (DWA) is in force to enhance the working conditions and stabilize the employment status of domestic workers. In order to bring more companies that are currently engaged in domestic service work into the scope of the DWA, the Government operates the Domestic Service Support Center to provide domestic worker trainings, grievance and legal counseling and has been engaging in various publicity activities for the system. However, exemptions were made for the agriculture, livestock and fishing sectors since the work is performed against natural objects and due to the difficulty in measuring and controlling working hours influenced by industry-specific factors such as climate and seasons. The Ministry of Employment and Labor (MOEL) plans to review the ways to improve the current situation.
Proper Wage
37.Regarding Recommendation 33, all workplaces are subject to annual inspections, including monitoring of the compliance with the minimum wage standards. If the wage is below the standards, correctional measures are immediately ordered. Should the employers fail to address the issue, the Government will proceed with legal action. Various strategies, including publicity, guidance, counseling and support for minimum wage compliance, are employed for on-site compliance.
38.The Minimum Wage Committee engages in deliberations to establish a minimum wage at a reasonable level, considering economic conditions and income distributions, etc. comprehensively by collecting opinions on the field, surveys and various statistical analyses. Consequently, the proportion of low-wage workers decreased, and the wage quintile share ratio also decreased, indicating a narrowing wage gap between workers. The scope of the Minimum Wage Act has continuously expanded since its enactment, applying to all workplaces employing workers since 2000. (Annex, Table 10).
Gender Pay Gap
39.Regarding Recommendation 34, the Government has officially designated ‘Gender Equality Pay Day’ as a statutory holiday since 2020, and mandates the annual publication of gender-based wage statistics. (Annex, Table 11–12).
40.The existing affirmative action (AA) requested to submit the current situation on the gender pay gap and the analysis on the cause of disparity exclusively for underperforming workplaces. Since 2020, the system has been improved by extending the submission requirement to encompass all AA workplaces. The Gender Employment Equality Act was amended in May 2021 to provide for a system whereby the Labor Commission can make corrective orders to employers to stop discriminatory treatment, improve working conditions or provide appropriate compensation for gender discrimination in employment. In June 2022, the concept of wages was refined to ‘remuneration’ in accordance with Article 2, subparagraph (3) of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance within the Enforcement Rules of the Equal Employment Opportunity and Work-Family Balance Assistance Act. Additionally, the survey scope was revised to exclude the employees on the long-term leave in previous year, the employees who joined the workplace in the middle of the year and short-term workers to raise reliability of the information submitted on the gender pay gap.
Women’s Career Interruptions
41.Regarding Recommendation 35(a), the Ministry of Gender Equality and Family (MOGEF) and MOEL jointly established the Third Basic Plan for Promotion of Economic Activities of Career-interrupted Women (2020-2024). This plan endeavors to ‘establish a social support system for women’s career maintenance and capacity development’, focusing on improving the working environment and infrastructure to enhance the quality of women’s employment while internalizing measures to prevent career interruptions. In June 2022, the Act on the Promotion of Economic Activities of Women with Career Interruptions was fully amended to the Act on the Promotion of Economic Activities and Prevention of Career Interruption of Women to provide support for the re-employment of women with career interruptions, solidifying the legal foundation for policies aimed at preventing women from leaving the labor market and encourage participation in economic activities. (Annex, Table 13).
42.The ‘Women’s Reemployment Center’ is providing comprehensive employment support services such as job counseling, vocational training, internships and follow-up management after employment, etc. Currently, there are 159 centers operating nationwide. The Government plans to expand the infrastructure to support the lifecycle-based career interruption prevention services - from pregnancy to reemployment. The Government is also promoting another career interruption prevention project that provides customized services for companies and for those who are experiencing and/or likely to experience career interruption. (Annex, Tables 14–16).
43.The Government is in support of the expansion of new advanced technology and high-value-added vocational training programs with high success rate of recruitment. In addition, there is an ongoing initiative to develop and disseminate community-based vocational training programs tailored to regional core and base industries, aligned with regional and industry-specific manpower demand and future job prospects, facilitating women’s entry into quality employment and enhance their capacity. Future plans involve fostering an environment where women can sustain continuous employment by establishing a cooperative network among community-related organizations and sharing and disseminating best practices from companies that promote a work-life balance culture. (Annex, Table 17).
44.Regarding Recommendation 35(b), the Government has continued to increase support to prevent career interruptions resulting from childcare. Notably, the Government has been steadily increasing allowances for pre- and post-natal leave and miscarriage and stillbirth leave. Further, the Government introduced ‘spouse maternity leave allowances’, ‘childbirth benefits for persons without employment insurance’ and ‘pre- and post-natal benefits for artists and the persons in special type of employment.’ The ‘3+3 parental leave system’ was introduced in 2022 to encourage men to participate more in childcare, and, as a result, the number of men who took paternity leave increased by 38.2% from 27,423 in 2020 to 37,885 in 2022. To further assist working parents in childcare, the Government is working to strengthen the support for ‘reduced working hours during the childcare period’, as well as to increase the number of splitting paternity leave from 1 to 3.
45.Through the sustained policy of expanding both national and public childcare centers, the childcare facilities were significantly increased. The number of corporate in-house day care centers also reached 76 in 2023, an increase of 16.9% compared to 2020, but actual improvements would only occur along with the changes among social, economic and organizational culture. The Government is committed to enhancing the quality of childcare services as part of its main policy agenda, through measures such as expanding parental leave for both men and women, complemented by income compensation, and establishing a high-quality childcare environment through the integration of kindergartens and nursery schools. (Annex, Table 18).
Gender Representation
46.To enhance gender representation in decision-making roles, relevant ministries collaboratively established and implemented the Plan for Enhancing Women’s Representation in the Public Sector (2018–2022) across 12 key areas, including public service, institutions, military, police forces and government committees. As of the end of 2022, the percentage of women in national senior civil service rose from 6.5% in 2017 to 11.2% in 2022. Notably, the proportion of women holding the position of Deputy Director General or higher in central government agencies rose by 11.6%p from 2017 to 26.4% in 2022. (Annex, Table 19).
47.In 2019, the ‘Operation of Gender-Balanced Inclusive Growth Partnership’ project was launched to extend the efforts of the public sector plan for women’s representation to private companies as well as to increase gender representation in corporate decision-making roles while raising the awareness among corporate stakeholders. Voluntary agreements were signed to promise corporate efforts to improve gender representation by increasing the number of female executives, and 48 agreements were promoted through various media channels from 2019 to 2020.
48.In 2020, a special provision was introduced in the Financial Investment Services and Capital Markets Act requiring companies with a certain scale of total assets or more not to have their boards of directors consist of a single gender. Furthermore, the K-ESG Guidelines released in 2021 incorporated the indicator of ‘board gender diversity’.
49.Since 2019, consulting services are offered to companies recognizing the need for improved gender diversity but facing challenges in implementation. The consultation involves analyzing the current state of their personnel systems and organizational culture, providing guidance on enhancing gender-balanced personnel operations and organizational culture. Since 2023, under the initiative ‘Happy Together’(HamkkeDonghaeng), the Government has been collaborating with private-sector companies to visit companies with outstanding organizational culture and to promote work-life balance, a culture of gender equality and ESG management in the workplace.
Discrimination in Employment
50.The Government conducts ‘Equal Employment Labor Inspection’ for workplaces predominantly employing women and those suspected of gender discrimination in employment. When violations identified through inspections, corrective measures, fines and judicial proceedings are implemented, along with preventive guidance. From May 2022, a corrective system was introduced to address gender discrimination in employment, by mandating the labor commission to order correction such as suspending discriminative treatment, improving working conditions or proper compensation. The Government has expanded labor inspections to workplaces every year, with plans to conduct labor inspections over 1,000 workplaces in 2023.
51.An annual list is published identifying workplaces with inadequate implementation of AA and insufficient progress in improvement efforts and the Labor Commission correction system is introduced and under operation to rectify instances of discrimination.
Migrant Workers
52.Regarding Recommendation 37, the Government has continuously enhanced the workplace change system. Taking into account the instances where employment contracts may be terminated due to unavoidable circumstances, workers are permitted to change workplaces three times within the initial three years of employment to ensure additional employment opportunities for workers. Should a migrant worker be unable to continue employment due to circumstances beyond their responsibility, such as assault, non-payment of wages or violation of working conditions, they may change workplaces without the employer’s permission, and this change is not included in the total number of workplace changes. Even in cases where evidence submitted by the migrant workers is not available or insufficient, the case is processed based on recognition by the Rights Protection Council, ex-officio investigations by a local government office or the results of an investigation by other organizations such as labor inspectors, etc. As a result, 99.8% (101,416) of the 101,668 applications for workplace change by migrant workers over the three years between 1 January 2021 and 30 June 2023 have been approved, and about 86.5% of these approvals were attributed to ‘termination of employment contracts’ through voluntary agreements between labor and management, indicating that many workplace changes are driven by the intentions of migrant workers.
53.The Government conducts regular guidance and inspections of workplaces employing migrant workers every half a year. Among the workplaces subject to inspections, 40% of them are agricultural, livestock and fishery sectors. The inspections oversee the implementation of working conditions, including working hours, break times and holidays. Additionally, the Government inspects if employers confiscate the passports of migrant workers and examines any possible instances of forced labor by intimidation or exploitation. Judicial action is assumed when such violations are recognized. Special inspections are conducted at workplaces with reported human rights violations and industrial accidents. In 2023, the Government plans to conduct inspections at 5,500 workplaces, focusing on working conditions and industrial safety.
54.Since October 2021, employers have been mandated to take labor rights training courses upon the issuance of an employment permit for migrant workers. The training courses, which covers the remedial process for human rights violations at the workplaces, are offered to migrant workers as well through pre and post-entry employment training. Also, audio-visual trainings about occupational safety and health are produced in 16 languages and distributed to sending countries for pre-entry training, and it is planned to expand the training by using virtual experience. To facilitate remedy procedures, the Counseling Center for Foreign Workers is being operated, providing interpretation and counseling services.
55.Since December 2022, the Government has imposed restrictions on the employment of foreigners in workplaces that have faced punitive measures under the Occupational Safety and Health Act due to the death of a migrant worker. As of February 2023, farming and fishing sites having less than five employees, normally exempted from the Industrial Accident Compensation Insurance Act will only be granted an employment permit if they have industrial accident compensation insurance or fishermen’s accident insurance or submit confirmation on having agricultural and fishermen’s safety insurance. In an effort to improve the living conditions of agricultural and fishery workers, the submission of visual data on housing facilities is mandatory when applying for an employment permit. If an employer offers illegal temporary structures as accommodation, the employment permit is denied, allowing migrant workers to change their workplace.
56.The Government ratified the ILO Convention No. 29, the Forced Labour Convention, in 2021. In relation to Convention No. 105, the MOEL has been examining the possibility of ratification, conducting research in 2021 and 2022, respectively, and establishing regular consultations between relevant ministries. However, the penal system of the Republic of Korea predominantly relies on imprisonment with labor. Therefore, a careful review of the penal system would be required at the fundamental level, including the clauses on the punishment of imprisonment with labor imposed for expressing political views and participating in strikes. In particular, the National Security Act which is one of the legislations needs to be reviewed, is difficult to revise.
Article 8 Labor Rights
Strikes
57.Regarding Recommendation 39, the Government has made amendments to the Trade Union and Labor Relations Adjustment Act to ratify ILO Fundamental Conventions since July 2018, and the Conventions No. 87 and 98 were ratified in April 2021.
58.Damages, seizure and criminal penalties for strikes by trade unions apply to illegal acts, such as violence, vandalism and full occupation of the workplace. Courts have significantly limited the application of the crime of business interference, recognizing them only in cases where the strike is aggressive and causes substantial damage, thereby ensuring the maximum protection of the rights to strike by trade unions.
59.The essential business system was introduced which permits strikes at essential public-service businesses after the ex officio arbitration system, which pre-emptively restricted strikes at essential public services was abolished. The essential business system allows strikes in principle while imposing restrictions with regards to essential business to safeguard public interest. In Korea, ‘essential business’ is defined in accordance with Article 42-2 of the Trade Union and Labor Relations Adjustment Act as the business whose suspension may seriously endanger the life, health, physical safety or the daily lives of the public. Korea does not pre-emptively restrict strikes in hospitals, electricity, water supply and telephone services sectors that the ILO regards as essential services. Essential businesses defined by the domestic law are similar in character to the ILO’s essential services and minimum services, and the scope cannot be deemed broader than the ILO standards. The system widely reflects trade unions’ opinions by, for example, determining the level of maintenance and operation of essential services at each workplace in accordance with labor-management agreements or decisions of the Labor Relations Commission.
60.The Trade Union and Labor Relations Adjustment Act specifies civil and criminal immunity for legitimate strikes and ensures the right of trade unions to strike under the provisions that prohibit replacement, outsourcing, subcontract, and dispatch, preemptive shutdown of the workplace, as well as arrest other than those caught in the act. Retaliatory measures against legitimate trade union activities, including participation in legitimate strikes, constitute unfair labor practices under the Trade Union and Labor Relations Adjustment Act. Unfair labor practices of employers are subject to remedial procedures before the Labor Relations Commission available through an application, and the victims may file charges and complaints to supervisory agencies to criminally punish perpetrators. (Annex, Table 20–21).
Trade Unions
61.Regarding Recommendation 41, by amending laws to ratify ILO Fundamental Conventions, the Government allowed dismissed workers to join trade unions and trade unions to independently delineate the scope of the membership according to their own rules, regardless of their organizational structure. Under the Trade Union and Labor Relations Adjustment Act, the subject of trade union is stipulated as ‘worker’, thereby allowing any worker to freely establish and join trade unions. In addition, the nature of worker is also recognized in labor providers who are not employees under the Labor Standards Act, including the unemployed and the dismissed. Legitimately established trade unions enjoy the rights to engage in collective bargaining and collective action. The unions can seek remedy through the intervention of the MOEL and the Labor Relations Commission for employers who violate the rights to association, collective bargaining and collective action.
62.The Government allows the multiple trade unions at each business as per relevant laws. The system to unify bargaining channels was adopted to minimize issues that can arise from multiple trade unions. Unreasonable discrimination against the trade unions engaging in bargaining will infringe upon the fundamental aspects of collective bargaining and render the system of unified bargaining channel ineffective. Thus the ‘Duties of Fair Representation System’ is adopted to impose certain duties on both the bargaining representative union and the employer. Protective measures, such as relief procedures before the Labor Relations Commission and filing of charges and complaints to a supervisory agency to demand criminal punishment are prepared to prevent unfair labor practices by employers abusing the system.
Article 9 Social Security
Social Security Rights and Social Services
63.Regarding Recommendation 43, since the implementation of basic living security system (BLSS), the ‘obligatory support provider’ criteria have been identified as a primary cause of blind spots of welfare system. To address this, the Government has been working to phase out the criteria since 2017. The criteria for those obligated to support their families was abolished for housing and livelihood benefits, and families including the elderly, those with severe disabilities, basic pension beneficiaries or single parents of 30 or older were excluded from the criteria. Such measures led to a rise in the number of recipients of the BLSS from 1.58 million as of the end of 2017 to 2.45 million as of the end of 2022. The Government continuously increased the standard median income to enhance security by expanding the number of beneficiaries and the amount of benefits. (Annex, Tables 22–23).
64.In line with Article 3 of the Act on the Use of Social Services and the Management of Vouchers and the Framework Act on Social Security, the Government provides social services and has a dedicated organization to support this. The quality of services delivered by social service providers is monitored through quality assessment. To enhance and guarantee the required service quality, the Government has introduced a pilot quality certification system. As for the quality assessment of social services, the Government is preparing to extend the scope of assessment to include services for developmental rehabilitation and language development support from 2024. (Annex, Table 24).
National Health Insurance
65.Regarding Recommendation 45, the Government established and announced a plan to support essential medical services in January 2023. The support plan includes measures that address medical services in the fields of severe illnesses, emergency, pediatrics and delivery that are at risk of decreased supply or infrastructural collapse and aims to provide essential medical services to all segments of the population, including marginalized groups, at all times.
66.In accordance with the First National Health Insurance Comprehensive Plan(2019–2023), the Government strengthened the health insurance coverage by gradually covering more items, easing benefit standards, and decreasing out-of-pocket ratio. The coverage of health insurance increased by 1.8% from 62.7% in 2017 to 64.5% in 2021. In particular, the coverage rate for illnesses that ranked within the top 50 medical expenses per person improved by 2.4% from 77.8% in 2017 to 80.3% in 2021, contributing to the reduction in the burden of medical expenses focused on illnesses that require high medical expenses. (Annex, Table 25).
67.In addition, to prevent the excessive burden of medical expenses, an upper limit on out-of-pocket expenses is in place, and the Government supports catastrophic health spending. As for the upper limit for out-of-pocket expenses, in case of annual out-of-pocket expenses over the upper limit set according to income decile, the National Health Insurance Service has been reimbursing the exceeded amount to the insured since 2004. In 2022, among the beneficiaries of the upper limit system, those in the bottom 50% of income were 1.588 million, 85% of the total beneficiaries, and the benefits they received amounted to 1.7318 trillion KRW, 70.1% of the total benefits, confirming the reduction in the medical expenses of the low income group.
68.As for the support for catastrophic health spending, supplementary medical expense support system which started in 2018 supports 50–80% of out-of-pocket expenses when those of the eligible households exceeds 10% of their annual income. Households are eligible when their income does not exceed the standard median income and their property does not exceed 700 million KRW. In May 2023, the Government strengthened the medical safety net for vulnerable groups by expanding the coverage of catastrophic health spending in outpatient treatment from severe to all illnesses and increasing the annual support limit from 30 million to 50 million KRW.
Article 10 Family Life
Elderly
69.Regarding Recommendation 47(a), the National Pension Service has 22,498,000 registered members as of 2022, with an average monthly pension of approximately 533,000 KRW. The income replacement rate stands at about 43% of the average income based on 40 years of membership. The basic pension system, introduced in July 2014 to complement the national pension system and enhance old-age income security, initially provided 99,000 KRW per month. However, as of December 2021, it pays up to 300,000 KRW per month to approximately 5.97 million individuals aged 65 and over. This has contributed to a decreasing trend in the old-age poverty rate from 43.6% in 2016 to 38.9% in 2020. The Government plans to establish the 5th Comprehensive Operation Plan for National Pension in 2023 by discussing ways to enhance the national pension system in conjunction with basic pension to strengthen old-age income security and enhance intergenerational equity. (Annex,Table 26–27).
70.Regarding Recommendation 47(b), the Government, in November 2018, introduced the Basic Plan for Integrated Community Care. It is carrying out policies to provide housing, healthcare, nursing and care in an integrated and comprehensive manner, to enable the elderly to live healthily in their homes rather than in nursing hospitals and facilities. From June 2019 to December 2022, 13 local governments conducted pilot projects on integrated community care for the elderly, offering prevention, healthcare, daily support and in-home services tailored to individual needs to facilitate a longer and healthier life at home. Consequently, the subjective quality of life of the elderly at home improved, and the number of days spent at home after discharge increased compared to other regions. Starting from the second half of 2023, in-home healthcare services for the elderly in the community will be expanded and a pilot project to establish a system that connects in-home healthcare, nursing, and care services will be carried out.
71.Regarding Recommendations 47(c) and (d), the cases of elder abuse increased during the COVID-19 period due to family conflicts might have stemmed from prolonged stays at home and caregiving burden in institutions. To prevent and address elder abuse, the Government operates a 24-hour hotline for reporting at 38 specialized elderly protection organizations and 20 shelters for abused elderly across 16 provinces nationwide. An application for reporting elder abuse has been developed and distributed, facilitating immediate reports of abusive actions via mobile phones without exposing information about the complainant. Elder protection agencies in the region of the incident receive abuse reports, and after counseling and on-site inspections, the agency officer determines whether there was abuse. To prevent elder abuse and safety accidents, installation of surveillance camera in nursing homes is now required by the law. The human rights guardian system involves local residents monitoring facilities and providing human rights counseling. Medical and senior welfare facility staff are designated as those obligated to report elder abuse and receive relevant education as well as training in human rights of the elderly every year. (Annex, Tables 28-30).
Children
72.To prevent unregistered birth, the Government introduced a birth notification system which mandates all medical institutions to submit birth information of a child to the state or public institutions, electronically or otherwise. The amendment bill on the Act on Registration of Family Relations to introduce this system was submitted to the NA on 4 March 2022 after series of consultations among relevant ministries, including the MOJ and the Ministry of Health and Welfare (MHW). The bill was passed by the NA on 30 June 2023, promulgated on 18 July 2023 and will enter into force on 19 July 2024.
73.Regarding Recommendation 49, the current Criminal Act stipulates lesser punishment for infanticide and abandonment than general homicide and abandonment when committed by parents ‘in order to avoid disgrace or for fear not being able to bring the baby up or for some other extenuating motives’. This provision was criticized for failing to reflect the current circumstances as it has not been amended since its enactment in 1953. A recent missing case of infant even without registration (of birth) highlighted severe blind spots on the protection of infants’ right to life. Public perception of the severity of the crime of infanticide has also changed. Thus the Government abolished the crimes of infanticide and infant abandonment to have the crimes of general homicide and abandonment shall be applied.
74.In January 2021, the Government deleted the provision on the right to disciplinary actions in Article 915 of the Civil Act, which had been pointed out as a fundamental cause justifying child abuse under the guise of discipline.
75.Regarding Recommendation 49(a), the Government mandated individuals who protect, manage or educate children by profession to report any discovered or suspected child abuse, imposing fines for non-compliance. Amendments to the Act on Special Cases Concerning the Punishment of Child Abuse Crimes (CAA) have continuously expanded the scope of occupations obligated to report child abuse, resulting in a consistent trend of increase in the rate of child abuse reports by these individuals. (Annex, Table 31).
76.Regarding Recommendation 49(b), with the aim to stop child abuse upon its occurrence while protecting the victim by separating them from the abuser, the Government provides various measures under the CAA, such as emergency measures (Article 12), urgent temporary measures (Article 13), temporary measures (Article 19), protective dispositions (Article 36), and protection orders for child victims (Article 47). These are available from the reporting stage to the conclusion of the case. Since October 2020, public officials became responsible for conducting child abuse investigations, which previously had been done by private organizations, thus strengthening public accountability. A total of 852 public officials in charge of child abuse have been deployed for investigations in 229 cities, counties and districts (gun, gu) nationwide, and 85 child protection agencies and 125 shelters for abused children were established. (Annex, Tables 32–35).
77.Regarding Recommendation 49(c), the Government introduced the family protection project for children in vulnerable group in March 2021, entrusting children under temporary protection of the immediate separation system to suitable families in order to protect them in a family-like environment. The Child Welfare Act was amended in June 2021 to establish the basis for specialized foster care that protects children in need of special protection, such as victims of child abuse, at home. Since 2022 specialized child protection expenses have been provided to these families.
78.To recruit foster families, the Government promoted the project through various online and offline media channels, including press releases, public service TV announcements, radio, YouTube, web posters and leaflets. (Annex, Table 36).
79.52 children were protected through the family protection project for children in crisis in 2021, 43 in 2022, and a total of 271 children were referred to specialized foster care.
Article 11 Adequate Standard of Living
Right to Portable Water
80.Regarding Recommendation 51, to address extreme droughts brought by climate crisis, the Government has enhanced interconnection between water facilities, such as dams, rivers and reservoirs and secured water resources in various ways, for example, by utilizing dam water for households and industrial purposes. Moreover, the Government is carrying out projects to improve outdated water supply systems to enable the provision of safe tap water for users. Technical support is also provided to water purification plants facing operational challenges due to the lack of expertise among operating personnel and aging facilities. (Annex, Tables 37–39).
81.In regions without water supply systems, groundwater is used for household water; however, many groundwater facilities are vulnerable to external contamination due to their aging. Thus, after conducting free testing of water quality for private groundwater facilities upon surveying the demand by local governments, the Government provided support for cleaning and disinfection to the groundwater facilities that fell short of the water quality standards. As a result of cleaning and disinfecting 2,297 facilities in 2022, the efficiency rate of improvement in water quality amounted to 88.8%. (Annex, Tables 40–41).
82.The Ministry of Environment (MOE) is working on the installation project of unmanned and decentralized water supply systems that would stably provide tap water to vulnerable areas such as remote and mountainous regions. The MOE plans to secure the world’s first desalination plant ship for the provision of water to archipelagoes, which is expected to produce and supply usable water to coastal areas and islands facing water scarcity. In addition, the MOE is committed to provide stable water supply to residents by installing more groundwater storage dams in islands and inland where water supply is scarce. Furthermore, the Government plans to accelerate its efforts to secure alternative water resources by supplying water for industrial purposes using treated wastewater which can be massively supplied and by using 120 million tons of annually discarded runoff for various purposes, including air-conditioning, heating, small-scale hydropower generation and road cleaning.
Right to Housing
83.Regarding Recommendation 53(a), the Government conducted a nationwide homelessness survey in 2021 and formulated and implemented the mid- to long-term Second Comprehensive Plan for Welfare and Self-Reliance Support for Homeless Persons(2021–2025). The plan incorporates measures, such as housing and medical care support, field support on the street, the provision of welfare services to help the homeless prepare for resettlement in the community, and the establishment of relevant infrastructure. The eligibility requirements for medical benefits for the homeless have been improved to remove restrictions on access to medical care, and the Government made all primary and secondary healthcare facilities, except nursing hospitals, to provide medical care to the homeless by implementing a public announcement. In addition, welfare resources, such as emergency sleeping bags and heating and cooling supplies for winter and summer, are secured and provided in advance. In particular, as the ratio of female homeless persons to male is increasing, a case management manual customized for the female homeless has been produced and distributed, enabling its application in the field.
84.Regarding Recommendation 53(b), it is necessary to revitalize social housing through diversification of rental housing providers as an alternative to address the limitations of the housing supply system that is divided into public and private. Public rental is difficult to continuously expand due to the lack of developable land and financial burden, while private rental has limitations in resolving housing problems of vulnerable groups due to high rents attributable to its for-profit nature. In order to solve these problems, a theme-based buy-to-lease project is being implemented in which the private sector plans, creates, supplies and operates some public buy-to-lease housing and public housing businesses (owners) support and supervise the entire process. (Annex, Table 42).
85.Regarding Recommendation 53(c), the Government runs a Registered Rental Housing System to support housing stability for tenants. This system institutionally helps tenants at registered rental housing to reside with stability for a long term by banning the refusal to renew the contract during the lease obligation period, placing a restriction on rental increase, and requiring enrollment in rental deposit guarantee insurance. It also supports stable supply of registered rental housing by granting tax benefits for national and local taxes to rental businesses who comply with public obligations.
86.In June 2020, the Government amended the Housing Lease Protection Act after gathering various opinions, including from academia and civil society, and introduced the right of tenants to request a contract renewal and a rent control system. Accordingly, the landlord cannot refuse a renewal without a valid reason when the tenant requests it between six months prior to the expiration of the lease period and one month prior thereto. Tenants can exercise this right once, and the renewed lease is considered to have a duration of two years. Additionally, although rental increase is capped at 5%, local governments are authorized to set the cap differently by ordinance, considering local rental market conditions.
87.To prepare reasonable improvement plans based on an impact analysis of the introduction of the tenant’s right to request a lease renewal and a rent control system, as well as domestic and international case studies, the Government established the Task Force on Improving Housing Lease System in July 2022 and is conducting research with specialized agencies.
88.Regarding Recommendation 53(d), the Government provides legal protections against eviction measures, such as negotiation rights, access to alternative housing and temporary housing plans, under the Act on the Improvement of Urban Areas and Residential Environments and other relevant laws. It will continue to manage and oversee to ensure the compliance of the regulations.
Article 12 Right to Health
Suicide Prevention
89.Regarding Recommendation 56, the Government has established the Fifth Basic Plan for Suicide Prevention (2023–2027) with the vision of ‘realizing a society safe from suicide’. The plan includes five key strategies, 15 core tasks and 92 subtasks aimed at reducing the suicide rate by 30% by 2027. In particular, a cooperation mechanism was established among the MOGEF, MOEL, the Ministry of Education and the Ministry of National Defense to implement suicide prevention policies that take into account the characteristics of the target population by life cycle (children and adolescents, young adults, the elderly, etc.) and places of activity (schools, workplaces, military units, etc.).
90.The Government conducts an examination in students’ emotional and behavioral characteristics every three years after they enter an elementary school to support their healthy growth by identifying students’ personality, characteristics, and tendencies in emotional and behavioral development. It also supports counseling, management, and referrals to specialized agencies for those in mental health crisis. To support students in crisis, the Government expanded the support project whereby mental health experts visit schools to counsel students and parents and make referrals to specialized institutions. Simultaneously, the Government supports medical and treatment expenses for students. The Government plans to maintain the existing support system centered on students in mental health crisis and gradually expand preventive interventions for all students, including reviewing the idea of popularizing mental health management apps using digital technology and strengthening students’ mental health literacy skills by developing and distributing training programs in mental protection.
91.The Government established and operated a mental health support system for employees, the unemployed and job seekers. It supports workers in small businesses with fewer than 50 employees with psychological counseling, such as job stress management and post-traumatic stress disorder management, through health centers for workers and trauma centers. The Government operates the Employee Assistance Program (EAP), which provides online and offline counseling support and group programs in areas such as suicide and job stress for employees and business owners of small and medium-sized businesses with less than 300 employees. It also provides programs in psychological stability offered by professional counselors for the unemployed and job seekers who need mental health counseling. (Annex, Tables 43–45).
Mental Health
92.Regarding Recommendation 58, the Second Basic Plan for Mental Health Welfare (2021–2025) that strengthened national accountability and public dimension was established in order to expand the availability and accessibility of mental health services. The plan includes measures such as strengthened early recognition and intervention of mental illnesses, the improvement of the mental emergency service system and support for ongoing treatment expenses. It also includes ways to expand local mental health services, such as expanding projects for the integrated promotion of mental health in communities and strengthening the functions and workforces of local mental health and welfare centers. The Government increased the budget for mental health, which covers psychiatric hospitals, mental health welfare centers, and suicide prevention projects, allocating 443.2 billion KRW in 2023.
Right to Sexual and Reproductive Health
93.Regarding Recommendation 60, the Constitutional Court ruled in April 2019 that the ‘crimes of abortion’ under the Criminal Act does not conform to the Constitution by ‘comprehensively and uniformly compelling the maintenance of pregnancy and infringing the right to self-determination of pregnant women by punishing violators’. The bills to amend the Criminal Act and the Mother and Child Health Act were submitted to the NA in November 2020, based on various opinions of different stakeholders and experts gathered throughout discussions, meetings and consultations with relevant ministries and institutions.
94.A meeting with stakeholders was held in February 2021 followed by a public forum in May of the same year. Based on the gathered opinions, relevant ministries consulted and disseminated a pregnancy and childbirth manual to relevant organizations. The Government also plans to carry out relevant policies by including ‘strengthening gender-conscious health policies’ in the Third Basic Plan for Gender Equality Policies (2023–2027).
95.The Government has been providing comprehensive counseling services and information on pregnancy and childbirth to secure and strengthen the accessibility of information in order to improve women’s reproductive health. It offered customized sex and health education depending on the audience groups, such as adolescents, university students and adults. The website called Love Plan (loveplan.kr) provides medical information from experts about ‘crisis pregnancies’ and ‘pregnancy conflicts’, including the maintenance and termination of pregnancy, as well as accurate knowledge and information related to sex and reproduction. In particular, by running online and offline counseling rooms, supports have been provided to those in need of help due to situations such as sexually transmitted infections and unexpected pregnancies, including medical and social welfare services and psychological counseling. The Government is currently working to support reproductive health management examination fee for individuals planning pregnancy so that high-risk factors for pregnancy and delivery are detected early on. (Annex, Table 46).
Medical Treatment for Persons Living with HIV/AIDS
96.Regarding Recommendation 62, the Medical Service Act prohibits medical practitioners or medical center owners from refusing medical treatment without a justifiable reason. In case of violation, the Minister of Health and Welfare or the head of a local government can order a correction within a given period. The Medical Service Act stipulates imprisonment of up to one year or a fine of up to 10 million KRW against the violator.
97.To ensure access to treatment services for persons with HIV/AIDS regardless of their age, sex, and nationality, the Government has been fully funding HIV medication costs and medical treatment for related illnesses since 2003. 90 percent of medical expenses are covered by health insurance benefits and the remaining 10 percent are funded by the Government and local governments through a separate budget. The nationwide Counseling Project for HIV-Infected Persons provides integrated services, including medication management, life and psychological counseling, and referrals to community welfare resources. The project covered 11,396 infected persons as of the end of 2022, which is 70% of all surviving infected persons.
98.Pursuant to the Enforcement Rules on the Medical Service Act, the Government ensures that HIV-infected persons can use nursing hospitals without discrimination and supports infection prevention and management expenses of nursing hospitals where infected persons are hospitalized. Various training programs for medical and prospective medical staffs are also provided to address discrimination and prejudice against those with HIV/AIDS. These curricula are annually funded by the Government and regularly offered by specialized institutions. In December 2020, the Guidelines for Healthcare Organizations Treating People with HIV/AIDS was published and distributed to all medical service institutions. The Guidelines state the principle of anti-discrimination by all medical service providers, and makes it clear that they should abide to the Guidelines when consulting or treating HIV-infected persons. In 2023, job training courses for doctors and a supplementary training course for nurses treating tuberculosis included a subject related to medical discrimination against HIV-infected persons. The Government will continue to work towards safeguarding the right to health of HIV-infected individuals by developing comprehensive management and supportive policies on comorbidities or complications arising from aging of HIV-infected persons.
COVID-19 measures
99.Based on the experience and data gained during the COVID-19, the Government has made efforts to protect the right to health through a tailored medical response system following the spread of the omicron variant virus that was highly contagious but low in fatality rate. For those with common symptoms, a diagnosis and testing system was operated, focused on local medical institutions such as neighborhood hospitals and clinics. The number of ‘one-stop medical centers’, capable of conducting tests, providing treatment and prescribing medications at one go, was expanded to over 10,000, enhancing the accessibility to treatment. A fast track system was separately managed for high-risk groups, including those aged 65 and over, focusing on diagnosis and testing at public health centers, prescribed medicines on the day of treatment, and enabled swift hospitalization when needed through making referrals, thereby protecting the right to health of high-risk groups. Moreover, individuals who tested positive for COVID-19 received personalized management and treatment based on the severity of their conditions. Asymptomatic and mild COVID-19 patients were treated at home in principle, but if self-isolation is not possible, they could be admitted to a residential treatment centers. For COVID-19 patients with severe symptoms, treatment beds were provided at government-designated wards. Special beds were also secured to protect patients requiring dialysis, delivery and pediatric care who face difficulties in treatment within the conventional medical system. The MHW increased the supply and quality of services and alleviated financial burden on users by supporting budget for such series of medical response systems and applying health insurance to medical expenses.
Article 13, 14 Right to Education
Quality Education
100.Regarding Recommendation 64(a), the Government is pursuing various policies to strengthen public education. To strengthen public English education, it runs an English curriculum focused on communication starting from the third grade of elementary school and supports AI-based English speaking system. Additionally, to reduce the reliance on private math education, it provides various online math contents that help with understanding principles and concepts of mathematics. The Government also promotes math learning focused on exploring engineering and supports digital-based learning.
101.In addition, supports for student art clubs in various fields that reflect school conditions and students’ interests and talents have been continuously expanded since 2010. To address cultural disparities in underserved regions, the Government has supported art education opportunities that reflect various demands and conditions since 2018.
102.To allow students to choose and take various subjects based on career interest and aptitude, the High School Credit System has been gradually introduced since 2017. In 2021, the Elementary and Secondary Education Act was amended. As of 2023, the system is in pilot operation in all general high schools, and a joint education curriculum among schools and education in connection with local communities are being offered to fulfill various educational needs of students. The system will be fully implemented in 2025 to support various subjects and students’ completion of courses.
103.Regarding Recommendations 64(b) and (c), the Government annually examines the composition and execution of school curricula and whether there are exam questions on materials beyond the given curriculum in order to reduce the reliance on private education based on the Special Act on the Promotion of Public Education Normalization and Regulation on Pre-curriculum Education. It also conducts impact assessments of university-specific exams (essay exams, interviews, etc.) to gage their effects on causing advanced study.
104.Moreover, to reduce the participation rate in private education regarding career and admission counseling, the Government is pursuing policies to strengthen career education at schools. It supports tailored career education starting from elementary school through ‘Junior Career Net’ service, which has been providing career counseling and information to elementary school students since 2020. It also provided contents to support career education at schools by updating the K-Type Occupational Interest Test for middle and high school students and newly developing a career development competency test for elementary students. In response to continuous increase in private education expenses, the Government announced the Private Education Reduction Plan in June 2023 to alleviate the economic burden on parents and restore trust in public education.
Equal Access to Education
105.Regarding Recommendation 64(d), Korea guarantees the basic right to education under Article 31 of the Constitution. The high school enrollment rate reaches 99 percent at present. To reduce educational inequality based on income, the Government expanded free education for all grades in high school since 2021. It supported 1.6 million KRW per person, covering admission fees, tuition, administrative fees and textbook costs, and thus contributed to the reduction in financial burden on students and parents. (Annex, Table 47).
106.To ensure equal right to education for students with disabilities, the Government has promoted mandatory education for students in need of special education in kindergartens, elementary, middle and high schools, thus established special education schools and expanded special education classes in regular schools to improve the conditions of special education. To provide support tailored to the type of disabilities, ‘severe and multiple disabilities, deaf-blind disabilities’ was added to the categories of students in need of special education by amending Article 15 of the Act on Special Education for Persons with Disabilities in December 2021. The Sixth Special Education Development 5 Year Plan (2023–2027) was established as well. (Annex, Tables 48–49).
107.In April 2021, the Government implemented a conditional relief measure for foreign children to complete their education regardless of their status of residence, if they were born and stayed in Korea for at least 15 years and currently enrolled in school. Furthermore, in February 2022, the Government expanded the eligibility to include children who entered the country as infants and reduced the required period of stay in Korea to 6–7 years to guarantee the right to education for foreign children.
108.The Government guides migrant children’s admission and enrollment procedures through the Manual on School Enrollment for Foreign Students. In consultation with metropolitan and provincial offices of education, the Government plans to clarify in the manual to ensure that documents other than those stipulated in the Enforcement Decree of the Elementary and Secondary Education Act.
Article 15 Right to Culture and Benefit from Scientific Progress
Cultural Diversity
109.Regarding Recommendation 66, the Government conducts a fact-finding survey on cultural diversity every two years in accordance with the Act on the Protection and Promotion of Cultural Diversity and the Enforcement Decree, and submits annual policy reports on cultural diversity to the NA. The Cultural Diversity Committee, jointly composed of those from the private and public sectors, has been active since 2021. The Committee conducts regular monitoring of policies on cultural diversity by deliberating key issues related to fact-finding surveys, annual reports and national report submitted to UNESCO.
110.The Government has set increasing and disseminating the understanding of cultural diversity as a major policy task and has been pursuing policies, such as cultural diversity education by life cycle, public campaigns during the week of cultural diversity commemorating the International Cultural Diversity Day designated by the UN, and support for interaction and communication among various actors of cultures, including migrants. In response to the diversification of cultural backgrounds due to the consistent increase in foreign residents, the Government plans to expand targeted cultural diversity education and campaigns, as well as exchange and communication programs based on population groups and regions, thereby strengthening the foundation for the promotion of mutual understanding among community members. In particular, as diversity committees at universities expanded and the interest of businesses increased, the Government plans to invigorate the policy participation of the private sector and broaden social discourse by expanding the public-private policy governance. (Annex, Tables 50–51).
111.The Government commemorates 20 May as ‘Together Day’ to promote ‘a social environment where Koreans and foreigners can live together while respecting each other’s cultures and traditions’. On 19 May 2023, the Government once again hosted a commemorative event for the 16th Together Day, and local governments hosted their own events.
112.Local immigration offices, in cooperation with local governments and institutions related to foreigners, have held various cultural events during ‘Together Week’ where Koreans and foreigners can participate together.
113.For public officials responsible for matters related to foreigners in relevant institutions including the central government agencies, local governments, and the Police Agency, the Institute of Justice has been offering a course on ‘Understanding Immigration Policies’ twice a year since 2012. In addition, workshops for officials of central and local governments responsible for policies on foreigners are offered every year. In 2022, at each local administrative area, four workshops were held, where 247 officials of local governments responsible for policies on foreigners participated.
114.In 2021, the MOJ developed the ‘Korean Immigrant Integration Policy Indicator and Index Development’ to measure the degree of social integration of immigrants and assess the efficiency of the Government’s integration policy and system. A pilot project of policy evaluation and consulting based on the migrants’ social integration index began in 2023, and based on its result the Government plans to produce a policy consulting guidebook that assists in establishing policies tailored to local characteristics, such as residential areas with a high concentration of foreigners and areas with declining population.
Benefits of Scientific Progress and its Applications
115.Regarding Recommendation 68, as digitalization has expanded across all sectors of economy and society, the Government established the ‘Digital Strategy of the Republic of Korea’ which includes expanding opportunities for all nationals to receive digital education. This strategy has been institutionalized through the ‘Basic Plan for the Promotion and Convergence of Information and Communication’ and the ‘Comprehensive Plan for the Intelligent Information Society’. The performance of this strategy is under review.
General Affairs
National Human Rights Body
116.Regarding Recommendation 16, filing complaints to the NHRC are currently limited to cases where human rights specified in Articles 10 through 22 of the Constitution have been violated or cases of discrimination. However, not all of complaints regarding social rights are dismissed since those alleged to violate Article 11 of the Constitution, principle of equal rights, are subject to investigation and remedy. (Annex, Table 52).
117.A bill to amend the National Human Rights Commission Act to allow complaints about violations of social rights was submitted to the 20th NA on 24 November 2017 but was disposed due to the expiration of NA session.
118.The NHRC established the Economic Social Cultural Rights Division in 2018 to strengthen policy responses to the rights under ICESCR. The Division is working to implement recommendations, including commissioning a research service to introduce a national human rights institutional remedy procedure for social rights violations in 2023.
Business and Human Rights
119.Regarding Recommendation 18(a), the Government has reviewed potential legislation of human rights due diligence, by inserting a new chapter on business and human rights in the 3rd NAP and conducted a primary research study on the legislation of corporate responsibility to respect human rights in 2020. The bill on the Framework Act on Human Rights Policy which emphasizes the state’s obligation and corporate responsibilities to respect human rights was submitted in 2021, and is still pending at NA.
120.The Government encourages corporates within the territory and jurisdiction of the Republic of Korea to voluntarily implement human rights due diligence to fulfill corporate responsibilities to respect human rights, let alone to identify, prevent and address negative impact on human rights caused by corporate activities. The Government published the ‘Guidelines on Business and Human Rights’ in December 2021 and distributed about 2,400 copies to listed corporations and major trade associations. The Guidelines introduces the concept of and the significance of human rights due diligence, encouraging corporations to gradually implement human rights due diligence. In December 2022, the Government published the English version of the Guidelines in electronic form and uploaded them on the MOJ’s website for Korean corporations abroad.
121.Regarding Recommendation 18(b), it is noted that human rights violations resulting from business activities are considered illegal practice under the Civil Act. Affected persons have the option to demand compensation for damages through civil lawsuits with existing judicial remedies available. Pursuant to the international jurisdiction provisions in the Act on Private International Law, affected persons may file suit in the Courts of the Republic of Korea if international jurisdiction is recognized.
122.Regarding Recommendation 18(c), the Government’s Economic Development Cooperation Fund (EDCF) is promoting human rights management, exemplified by the Human Rights Management Declaration in 2019. Measures to prevent sexual harassment and violence committed by executives, employees or a third party include the ‘Rules for Prevention of Sexual Harassment and Sexual Violence,’ coupled with training, counseling centers, grievance handling procedures, manual creation. Gender mainstreaming is encouraged through ‘Guidelines on adopting gender-sensitive perspectives’ applicable to thorough procedures such as project identification, feasibility study, project deliberation, monitoring and post-evaluation, resulting in a notable increase in projects subject to gender markers. Mandatory gender-related performance management and post-evaluation analysis are implemented for each project. (Annex, Table 53).
123.Regarding Recommendation 18(d), the Government is making its efforts to strengthen transparency, inclusiveness and effectiveness of the OECD National Contact Point (NCP), a non-judicial grievance mechanism. The NCP appointed experts in human rights, labor and arbitration proceedings, ensures and ensures transparency in the appointment process is regulated in the relevant rules. The NCP maintains an organic working relationship with the NCP Committee and the Mediation Committee to systematically support the handling of complaints. Stakeholder opinions are sought through interviews with complainants and respondents. Practical and specific recommendations are provided to the respondent (multinational corporation) in the final statement issued after closing the case, and follow-up measures are taken to enhance the effectiveness of the NCP. The NCP website discloses the details of complaints cases, providing information materials on the OECD Guidelines for Multinational Enterprises and the NCP, as well as materials related to case processing. Publicity efforts include seminars, briefings, online advertisements and website operations to engage multinational corporations. The major amendments to the OECD Guidelines for Multinational Enterprises made in June 2023 will be incorporated through amendments to the relevant regulations.
Ratification of International Human Rights Treaties
124.Regarding Recommendation 69, in September 2023, the Government initiated a study to analyze the cumulative cases of the individual complaints filed by Committee in accordance with the procedures under the Optional Protocol. The Government will further examine the possibility of ratification of the Optional Protocol based on the result of the study.
125.Regarding Recommendation 70, further consideration is required for the Government to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as it includes some of the elements in conflict with domestic laws such as the Immigration Act. Specific measures, such as allowing families of short-term workers to stay in Korea, regularization of the irregular situation of foreign workers, should be approached carefully from immigration policy aspects in consideration with any unpredicted outcomes. Comprehensive consideration is required, including the social costs of domestic settlement (housing, healthcare, education, etc.,) support for accompanying family members, integration into Korean society, the relationships with other residence statuses such as permanent and resident visas and public consensus. Yet, regardless of ratification of the Convention, the Government will continue to be committed to improve the rights of foreign workers and humanitarian supports.
126.The Government completed the process by depositing the instrument of accession to the Convention for the Protection of All Persons from Enforced Disappearance. This entered into force in Korea from 3 February 2023.
Sustainable Development Goals (SDGs)
127.Regarding Recommendation 71, the Government established the K-SDGs reflecting domestic conditions in accordance with the adoption of the UN SDGs.
128.The Government establishes a sustainable national basic strategy every five years with a planning period of 20 years, based on the Framework Act on Sustainable Development. Currently, the Fourth Basic Plan (2021–2040) is being implemented. Among the 17 goals of the K-SDGs in the Fourth Basic Plan, special emphasis is placed on indicators related to ‘Goal 1. Reduce poverty and strengthen social safety nets’, ‘Goal 3. Ensure healthy and joyful lives’, ‘Goal 4. Quality education for all’, and ‘Goal 10. Eradicate inequality of all kinds’, to establish a national monitoring system ensuring social rights and to achieve SDGs based on the principles of non-discrimination, participation and accountability. In 2024, the Government plans to conduct a national sustainability assessment to measure the degree of achievement and progress. In 2025, the Fifth National Basic Strategy for Sustainable Development (2026–2045) will be established.
Human Rights Indicators
129.Regarding Recommendation 72, the NHRC established the Mid to Long-term Plan for the Establishment of National Human Rights Statistics (2018–2020) to systematically monitor changes in the overall human rights situation, including economic, social and cultural rights. Through a business agreement with Statistics Korea, a framework for national human rights statistics was developed. Since 2019, human rights statistics have been produced and released annually. National human rights statistics are produced by synthesizing existing state-approved statistics, human rights-related statistics from administrative data and the results of the National Human Rights Survey, conducted by the NHRC. These statistics are broadly categorized into three types of rights: equal rights, human rights and social rights. 274 (58%) of the total 467 statistical indicators are related to social rights.
Distribution of Concluding Observations and Follow-up Measures
130.Regarding Recommendation 73, the Government has undertaken various initiatives to disseminate the Committee’s concluding observations of the fourth periodic report. These efforts include the publication of the concluding observations from international human rights bodies in the MOJ’s website and the annex to the third NAP, which was adopted in August 2018. The Government collaborated in publishing materials related to ICESCR in the NHRC website.
131.Furthermore, the Government involved the NHRC and members of civil society in the implementation and follow-up measures of the Committee’s Concluding Observations. In a discussion held in November 2017, the Government sought the stance of the NHRC and members of civil society regarding the Concluding Observations of the fourth periodic report and the opinions over its implementation. The review opinions provided by the NHRC were taken into account before submitting the follow-up report on the concluding observations in April 2019.
132.Prior to the submission of this periodic report, the Government gathered the perspectives of civil society members and other stakeholders on the implementation of its obligations under ICESCR at the ‘Discussion on the Implementation of the 4th Concluding Observations of the Committee and Future Challenges’, organized by NHRC in March 2023.
Common Core Document
133.Regarding Recommendation 75, the Government periodically updates the common core document in accordance with the Guidelines on the Form and Content of Reports to the International Human Rights Treaties (HRI/GEN/2/Rev.6) and submitted the latest document incorporating recent information to the Office of the High Commissioner for Human Rights in February 2022.
Tables 1–53
Table-1. List of training courses on rights under the ICESCR for judges (Apr. 2018 to Apr. 2023)
|
Period |
Title |
Trainees |
|
18 to 21 Mar. 2018 |
Labor cases |
60 |
|
19 to21 Mar. 2018 |
Juvenile protection trials |
14 |
|
22 to 23 Mar. 2018 |
Family and child protection trials |
18 |
|
26 to 29 Mar. 2018 |
Family trials |
80 |
|
9 to 11 Apr. 2018 |
Medical cases |
45 |
|
23 to 24 Apr. 2018 |
Major issues of special litigations (environmental litigations) |
26 |
|
14 to 15 May 2018 |
Gender, law and courts |
35 |
|
14 to 15 Mar. 2019 |
Labor cases |
52 |
|
18 to 19 Mar. 2019 |
Juvenile protection trials |
11 |
|
21 to 22 Mar. 2019 |
Family and child protection trials |
26 |
|
25 to 28 Mar. 2019 |
Family trials |
65 |
|
15 to 17 Apr. 2019 |
Medical cases |
42 |
|
23 to 24 May 2019 |
International human rights laws and judges |
35 |
|
4 to 6 Dec. 2018 |
Major issues in gender laws |
29 |
|
19 to 20 Mar. 2020 |
Juvenile protection trials |
28 |
|
23 to 24 Mar. 2020 |
Family and child protection trials |
53 |
|
25 to 27 Mar. 2020 |
Family trials |
118 |
|
30 Mar. to 1 Apr. 2020 |
Litigation on intellectual property |
62 |
|
6 to 7 Apr. 2020 |
Medical cases |
78 |
|
18 to 19 May 2020 |
Labor cases |
86 |
|
18 to 19 May 2020 |
Gender, law and courts |
42 |
|
23 to 24 Apr. 2018 |
Major issues of special litigations (environmental litigations) |
26 |
|
11 to 12 Jun. 2020 |
Major issues of intellectual property |
35 |
|
15 to 16 Mar. 2021 |
Labor cases |
52 |
|
17 to 19 Mar. 2021 |
Family trials |
11 |
|
22 to 23 Mar. 2021 |
Juvenile protection trials |
26 |
|
24 to 25 Mar. 2021 |
Family and child protection trials |
65 |
|
29 to 31 Mar. 2021 |
Litigation on intellectual property |
62 |
|
5 to 6 Apr. 2021 |
Medical cases |
106 |
|
3 to 4 May 2021 |
Gender, law and courts |
43 |
|
9 to 10 Aug. 2021 |
Major issues of labor trials |
87 |
|
13 to 14 Dec. 2021 |
Study on international human rights treaties I |
52 |
|
14 to 16 Mar. 2022 |
Labor cases |
194 |
|
21 to 22 Mar. 2022 |
Juvenile protection trials |
49 |
|
23 to 24 Mar. 2022 |
Family and child protection trials |
82 |
|
28 to 30 Mar. 2022 |
Litigation on intellectual property |
107 |
|
4 to 6 Apr. 2022 |
Family trials |
155 |
|
11 to 13 Apr. 2022 |
Medical cases |
107 |
|
18 to 19 Apr. 2022 |
Major issues of environmental litigations |
64 |
|
9 to 10 May 2022 |
Gender, law and courts |
89 |
|
23 to 24 May 2022 |
Major issues of intellectual property rights litigations |
106 |
|
25 to 27 May 2022 |
Study on international human rights treaties Ⅱ |
51 |
|
12 to 13 Oct. 2022 |
Foreigners ’ trials |
38 |
|
12 to 13 Dec. 2022 |
Environmental litigations Ⅰ |
32 |
|
6 to 8 Mar. 2023 |
Labor cases |
251 |
|
20 to 21 Mar. 2023 |
Juvenile protection trials |
36 |
|
22 to 23 Mar. 2023 |
Family and child protection trials |
67 |
|
27 to 29 Mar. 2023 |
Litigation on intellectual property |
143 |
|
3 to 5 Apr. 2023 |
Family trials |
197 |
|
10 to 12 Apr. 2023 |
Medical cases |
117 |
Table-2. List of human rights training courses for prosecutors (2017 to Mar. 2023)
|
Year |
Course title |
Training period |
Subject |
Trainees |
|
2017 |
Leadership course for directors of prosecutors’ offices |
20 to 24 Nov. |
Gender equality and human rights sensitivity |
9 |
|
Integrated training for newly-appointed prosecutors |
May to Sep. |
As above |
112 |
|
|
2018 |
Female and children investigation course |
9 to 10 Apr. |
Training on domestic violence and human rights awareness |
25 |
|
Leadership course for experienced prosecutors |
8 to 18 May |
Human rights protection in the course of investigation, gender equality and human rights sensitivity |
41 |
|
|
Leadership course for newly-appointed chief prosecutors |
18 Jun. to 13 Jul. |
Human rights protection and the code of conduct for public affairs investigations |
78 |
|
|
23 to 25 Jul. |
Gender equality in the operation of departments |
|||
|
Leadership course for assistant prosecutors general |
3 to 7 Sep. |
Current state of human rights in prosecutors’ office from the perspective of NHRC |
16 |
|
|
Leadership course for directors of prosecutors’ offices |
17 to 21 Sep. |
Organizational culture of gender equality |
13 |
|
|
Human rights training for prosecutors |
Mar. to Nov. (12 times) |
Investigation practice and video feedback |
170 |
|
|
Integrated training for newly-appointed prosecutors |
May to Sep. |
Gender equality, case discussions on job ethics of prosecutors, human rights and minority protection, etc. |
118 |
|
|
Leadership course for newly-appointed chief prosecutors |
11 to 22 Feb. |
Human rights respect and violation cases |
127 |
|
|
5 to 6 Sep. |
Gender equality (Ⅰ,Ⅱ) |
|||
|
19 to 20 Sep. |
Department operation and gender equality |
|||
|
Women and children |
20 to 22 Mar. |
Sexual assault and human rights |
19 |
|
|
Capacity-building course for less experienced prosecutors |
8 to 10 May |
Gender equality and prevention of abuse based on authority |
29 |
|
|
2019 |
Leadership course for experienced prosecutors |
13 to 24 May |
Human rights protection in the course of investigation and gender equality and human rights sensitivity |
47 |
|
Leadership course for directors of prosecutors’ offices |
30 Sep. to 2 Oct. |
Gender equality and organizational culture |
8 |
|
|
Course to improve human rights sensitivity for prosecutors responsible for the disabled-related cases |
1 to 3 May |
Human rights protection of the persons with developmental disabilities in the course of investigation, and the code of conduct for human rights protected investigation |
43 |
|
|
26 to 27 Sep. |
Philosophy of human rights and paradigm shift, etc. |
|||
|
Course for prosecutors responsible for foreigners, non-national residents, North Korean defectors cases |
13 to 14 Jun. |
Hatred and discrimination against foreigners, migrants, criminal procedures and human rights of North Korean defectors |
24 |
|
|
Human rights training for prosecutors |
Mar. to Nov. (12times) |
Practice of investigation and video feedback |
139 |
|
|
Integrated training for newly-appointed prosecutors |
11 May to 30 Sep. |
Protection of human rights and the minority, gender equality, etc. |
132 |
|
|
Leadership course for chief prosecutors |
6 to 17 Jan. |
Investigation of violent cases and human rights from the perspectives of re-tried cases |
34 |
|
|
2 to 5 Nov. |
Human rights protection and the rules of public affair notifications |
31 |
||
|
Capacity-building course for less experienced prosecutors (required) |
8 to 12 Jun. |
Violent cases and human rights |
29 |
|
|
Leadership course for experienced prosecutors |
15 to 19 Jun. |
Human rights protection in the course of investigations |
26 |
|
|
6 to 10 Jul. |
Gender equality |
40 |
||
|
2020 |
Course to improve human rights sensitivity (for prosecutors responsible for the disabled-related cases) |
18 to 19 Jun. |
Practice and cases of disability discrimination investigation, etc. |
43 |
|
Course to improve human rights sensitivity (for prosecutors responsible for foreigners, non-national residents, North Korean defectors cases) |
2 to 3 Jul. |
Cultural-diversity and human rights, etc. |
37 |
|
|
Course to improve human rights sensitivity for human rights status supervisors |
4 to 6 Nov. |
Understanding of human rights sensitivity, understanding of hatred and discrimination and the equality act, human rights state in the Korean society and items to improve, investigation and human rights, etc. |
23 |
|
|
Leadership course for assistant prosecutors general |
9 to 11 Nov. |
Introduction of the NHRC and human rights in our society, gender equality |
14 |
|
|
Integrated training for newly-appointed prosecutors |
May 2021 to Jan.2022 |
Investigation role-playing, case discussions on job ethics of prosecutors |
101 |
|
|
Capacity-building course for less experienced prosecutors (required) |
8 to 12 Mar. |
Human rights protection in the course of investigation, violent cases and human rights, etc. |
37 |
|
|
18 to 22 Oct. |
37 |
|||
|
Leadership course for experienced prosecutors |
19 to 23 Apr. |
As above |
32 |
|
|
30 Aug. to 10 Sep. |
17 |
|||
|
Leadership course for newly-appointed chief prosecutors |
12 to 23 Apr. |
Human rights protection and gender equality |
33 |
|
|
6 to 10 Sep. |
26 |
|||
|
2021 |
Leadership course for assistant prosecutors general |
13 to 15 Sep. |
Introduction of the NHRC and human rights in our society, etc. |
16 |
|
Leadership course for directors of prosecutors’ offices |
8 to 12 Nov. |
Gender sensitivity and organizational culture (gender equality) |
10 |
|
|
Human rights training for prosecutors |
16 Apr. to 25 Jun. (3 times) |
Practice and feedback for human rights-friendly investigations |
36 |
|
|
Course to improve human rights sensitivity (for prosecutors responsible) |
10 to 12 Mar. |
Protection of children’s human rights that can be sought by investigators, criminal procedures and human rights, etc. |
23 |
|
|
Course to improve human rights sensitivity (for prosecutors responsible for the disabled-related cases) |
13 to 14 May |
Protection of human rights of persons with disabilities in criminal procedures, etc. |
41 |
|
|
Course to improve human rights sensitivity (for prosecutors responsible for foreigners, non-national residents, North Korean defectors cases) |
1 to 2 Jul. |
Actual cases of discrimination against foreigners during investigations and trials, cultural diversity and human rights |
29 |
|
|
Integrated training for newly-appointed prosecutors |
2022 |
Discussion on professional ethics of prosecutors, protection of human rights in investigation process, etc. |
89 |
|
|
Leadership course for experienced prosecutors |
8 to 13 May |
protection of human rights and gender equality in investigation process, etc. |
25 |
|
|
19 to 23 Sep. |
As above |
15 |
||
|
Leadership course for chief prosecutors |
13 to 17 Jun. |
Gender equality, human rights protection |
32 |
|
|
17 to 21 Oct. |
11 |
|||
|
Leadership course for assistant prosecutors general |
30 Aug. to 2 Sep. |
Human rights and gender equality |
10 |
|
|
Leadership course for directors of prosecutors’ offices |
15 to 16 Dec. |
Gender equality and human rights seen through arts |
10 |
|
|
2022 |
Capacity-building course for less experienced prosecutors (required) |
20 to 24 Jun. |
Gender equality |
29 |
|
19 to 23 Sep. |
27 |
|||
|
Course to improve human rights sensitivity (for prosecutors responsible for the disabled-related cases) |
1 to 2 Dec. |
Human rights sensitivity through play, viewing disability based on human rights, understanding of advocacy for people with developmental disabilities |
27 |
|
|
Course to improve human rights sensitivity (for prosecutors responsible for foreigners, non-national residents, North Korean defectors cases) |
1 to 2 Sep. |
Human rights seen by North Korean defectors, investigations and human rights based on human rights violation cases, attitude for human rights investigations, first step toward human rights |
28 |
|
|
Human rights training for prosecutors |
Apr. to Nov. (5 times) |
Practice and feedback for human rights-friendly investigations |
51 |
|
|
2023 |
Human rights training for prosecutors |
13 Mar. |
As above |
10 |
Table-3. Major rulings citing the rights under the ICESCR
|
No. |
Court Name |
Case No. |
Date of Decision |
Case Name |
|
1 |
Seoul High Court |
2022Nu32797 |
21-02-2023 |
Revocation of disposition of imposing insurance premiums |
|
2 |
Seoul Central District Court |
2020GaHap538860 |
09-12-2022 |
Wage |
|
3 |
Seoul High Court |
2021Na2021485 |
23-09-2022 |
Wage |
|
4 |
Seoul Administration Court |
2021GuDan51099 |
19-01-2022 |
Revocation of disposition of partial payment of disability benefits, etc. |
|
5 |
Seoul Administration Court |
2021GuHab55456 |
07-01-2022 |
Revocation of disposition of imposing insurance premiums |
|
6 |
Seoul Central District Court |
2020GaDan5322063 |
19-08-2021 |
Compensation for damages (other) |
|
7 |
Seoul Central District Court |
2018GaDan5125207 |
29-10-2019 |
Compensation for damages (country) |
|
8 |
Supreme Court |
2016Do10912 |
01-11-2018 |
Violation of the Military Service Act |
|
9 |
Jeju District Court |
2017GoDan16 |
08-11-2017 |
Violation of the Military Service Act |
|
10 |
Incheon District Court |
2015GoDan5609 |
06-02-2017 |
Violation of the Military Service Act |
|
11 |
Incheon District Court |
2016GoDan2624 |
06-02-2017 |
Violation of the Military Service Act |
|
12 |
Incheon District Court |
2016GoDan5794 |
06-02-2017 |
Violation of the Military Service Act |
Table-4. Access to Remedies
1) Current state of cases for relief through litigations
|
(1) Received |
(2) Accepted Applied) |
(3) Accepted (Ex officio) |
(4) Sum of accepted case (=(2) +(3)) |
|
|
2017 |
11 999 |
5 848 |
2 242 |
8 090 |
|
2018 |
11 540 |
6 156 |
3 727 |
9 883 |
|
2019 |
12 341 |
7 265 |
3 817 |
11 082 |
|
2020 |
13 322 |
8 322 |
5 397 |
13 719 |
|
2021 |
13 881 |
9 047 |
8 618 |
17 665 |
2) Cases for relief through litigations
|
Amount allocated |
Amount executed |
|
|
2017 |
4 560 |
4 403 |
|
2018 |
6 022 |
4 197 |
|
2019 |
6 249 |
4 279 |
|
2020 |
5 337 |
4 903 |
|
2021 |
5 933 |
5 534 |
Table-5. Statistics of public social welfare expenditure (2017–2022)
(in millions of Korean won)
|
2017 |
2018 |
2019 |
2020 e |
2021 e |
2022 e |
|
|
Amount spent (tr.) |
185.6 |
206.8 |
235.9 |
279.3 |
- |
- |
|
% of GDP (%) |
10.1 |
10.9 |
12.3 |
14.4 |
14.9 |
14.8 |
Source: OECD Statistics (Oct. 2023) .
Note: 2017 to 2019: Finalized values; 2020 to 2022: Estimated values; -: No figure .
Table-6. Sanctions status for reported violations of the Improper Solicitation and Graft Act in public institutions (28 Sep. 2016–31 Dec. 2022)
(unit: persons)
|
Improper solicitation |
Receiving and giving money, etc. |
Outside lectures, etc. |
Total |
|
|
Sanctions (Criminal penalty, fine, disciplinary surcharge) |
101 |
1 767 |
11 |
1 879 |
|
Investigation, trials, etc. underway |
339 |
1 234 |
9 |
1 582 |
|
Total |
440 |
3 001 |
20 |
3 461 |
Table-7. Current state of corruption reports received and processed
(unit: case, %)
|
Total |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
YoY change (%) |
||||
|
2020 |
2021 |
2022 |
|||||||||
|
Received |
43 922 |
4 066 |
7 328 |
9 435 |
6 103 |
9 690 |
7 300 |
△3 332 (△35.3) |
3 587 (58.8) |
△2 390 (△24.7) |
|
|
Handling |
Total |
43 928 |
3 966 |
7 224 |
8 718 |
6 355 |
10 176 |
7 489 |
△2 363 (△27.1) |
3 821 (60.1) |
△2 687 (△26.4) |
|
Referral (sued) |
1 557 |
221 |
306 |
415 |
446 |
128 |
41 |
31 (7.5) |
△318 (△71.3) |
△87 (△68.0) |
|
|
Notified the violation of codes of conduct |
955 |
48 |
78 |
190 |
252 |
361 |
26 |
62 (35.3) |
109 (43.3) |
△335 (△92.8) |
|
|
Forwarded to the institution |
4 964 |
127 |
377 |
369 |
846 |
2 152 |
1 093 |
477 (129.3) |
1 306 (154.4) |
△1 059 (△49.2) |
|
|
Finalized |
36 452 |
3 570 |
6 463 |
7 744 |
4 811 |
7 535 |
6 329 |
△2 933 (△37.9) |
2 724 (56.6) |
△1 206 (△16.0) |
Table-8. Current state of employees dismissed due to irregularities for each type of corruption
(unit: persons)
|
Total |
2017 |
2018 |
2020 |
2021 |
2021 |
2022 (H1) |
|
|
Total |
1 438 |
308 |
291 |
310 |
216 |
214 |
99 |
|
Giving and receiving money and entertainment |
678 |
191 |
159 |
129 |
91 |
72 |
36 |
|
Embezzlement and misappropriation of public funds |
286 |
51 |
45 |
65 |
49 |
53 |
23 |
|
Abuse of authority and dereliction of duty |
82 |
15 |
15 |
15 |
12 |
20 |
5 |
|
Falsification of documents |
49 |
3 |
12 |
11 |
9 |
10 |
4 |
|
Others |
343 |
48 |
60 |
90 |
55 |
59 |
31 |
Table-9. Performance of labor supervision for non-regular workers for each year
(1) Statistics on working conditions, including the scale of employment of non-regular workers and informal employment, proportions per employment type, wage gap with regular workers and social insurance subscription rate for each year of the reporting period
(unit: 1,000 persons, %)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
||
|
Scale of non-regular worker employment 1) |
6 578 (32.9) |
6 614 (33.0) |
7 481 (36.4) |
7 426 (36.3) |
8 066 (38.4) |
8 156 (37.5) |
|
|
Temporary |
3 725 (18.6) |
3 823 (19.1) |
4 785 (23.3) |
4 608 (22.5) |
5 171 (24.6) |
5 348 (24.6) |
|
|
Part-time |
2 663 (13.3) |
2 709 (13.5) |
3 156 (15.3) |
3 252 (15.9) |
3 512 (16.7) |
3 687 (17.0) |
|
|
Informal |
2 112 (10.6) |
2 071 (10.3) |
2 045 (9.9) |
2 073 (10.1) |
2 278 (10.8) |
2 131 (9.8) |
|
|
Social insurance subscription rate 2) |
Employment |
44.1 |
43.6 |
44.9 |
46.1 |
52.6 |
54.0 |
|
Health |
45.3 |
45.9 |
48.0 |
49.0 |
50.3 |
51.7 |
|
|
Pension |
36.6 |
36.6 |
37.9 |
37.8 |
38.4 |
38.3 |
|
|
Ratio of voluntary selection 3) |
50.0 |
53.0 |
55.2 |
56.6 |
59.9 |
62.8 |
|
|
Wage gap per hour with regular workers (Regular =100) 4) |
69.3 |
68.3 |
69.7 |
72.4 |
72.9 |
70.6 |
Source: 1) to 3) Statistics Korea, Economic Activity Census supplementary Survey by Work Type; 4 ) Ministry of Employment and Labor, Survey of Work Status by Employment Type .
Numbers in ( ) represents the share of non-regular workers among wage workers .
The size of non-regular workers by work type (temporary, part-time and informal) does not add up to the total because it includes overlaps between types .
Temporary worker: Workers with a fixed term of employment or without a fixed term but can continue to work through repeated contract renewals, and workers unable to continue working due to involuntary reasons .
Part-time worker: Workers whose scheduled work hours are shorter than the workers doing the same type of work at the same workplace by at least one hour, typically scheduled to work less than 36 hours per week .
Informal worker: Non-regular workers classified by the method of labor provision .
Dispatch workers, service workers, special type workers, domestic workers, daily workers .
In the case of social insurance subscription rates (national pension, health insurance, employment insurance), the rates are lower than the actual subscription rates against those who are eligible for subscription, because the survey covers all wage earners in the household, regardless of eligibility for subscription.
(2) Number of designated supervisors responsible for discrimination in local government offices
(unit: persons)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Number of Supervisors |
- |
47 |
48 |
48 |
48 |
48 |
Supervisors responsible for each local office have been designated since 2018; the count of supervisors increased with the local office newly opened in 2019 .
(3) Status of workplace supervision on non-regular workers
(unit: number of business sites)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Dispatched, subcontracted |
1 349 |
1 609 |
1 626 |
636 |
534 |
489 |
|
Discrimination |
- |
34 |
64 |
29 |
42 |
705 |
Consulting provided to address discrimination against non-regular workers through “ Supporters for Workplace without Discrimination ” .
Table-10. Minimum Wage
(1) Minimum wage per year
(unit: KRW)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
|
Minimum wage |
6 470 |
7 530 |
8 350 |
8 590 |
8 720 |
9 160 |
9 620 |
|
Increase |
440 |
1 060 |
820 |
240 |
130 |
440 |
460 |
|
% of Increase |
7.3% |
16.4% |
10.9% |
2.87% |
1.5% |
5.05% |
5.0% |
T he minimum wage is decided by the minimum wage committee, taking into account the economic, employment conditions, etc.
(2) Minimum wage non-compliance rate
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Non-compliance rate (%) |
6.1 |
5.1 |
4.8 |
4.4 |
4.4 |
3.4 |
|
Target (1,000 persons) |
974 |
817 |
788 |
720 |
743 |
560 |
Labor survey related to employment status by employment type in Jun. 2022 (Statistics for 2023 will be compiled in Jun. 2024) .
Table -11. Gender wage gap in the Republic of Korea
|
2017 |
2018 |
2019 |
2020 |
2021 |
|
|
34.6 |
34.1 |
32.5 |
31.5 |
31.1 |
(3.5%p decrease from 2017) |
Source : OECD Statistics .
Table-12. Statistics on gender pay gap in public institutions and listed corporations
(unit: number of institutions/corporations, KRW million %)
|
Public institutions |
Listed corporations |
|||||||
|
Institution |
Men (KRW million) |
Women (KRW million) |
Gap (%) |
Corporations |
Men (KRW million) |
Women (KRW million) |
Gap (%) |
|
|
2020 |
369 |
77.6 |
56.1 |
27.8 |
2 149 |
79.8 |
51.1 |
35.9 |
|
2021 |
370 |
78.1 |
57.6 |
26.3 |
2 364 |
94.1 |
58.3 |
38.1 |
|
2022 |
361 |
78.9 |
59.0 |
25.2 |
2 614 |
86.8 |
60.2 |
30.7 |
1) Avg. wage per person and gender wage gap .
Table-13. Economic activity participation rate, non-regular employment ratio by gender and scale of women with career interruption
(unit: %, 1,000 persons)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
||
|
Economic activity participation % (aged 15 – 64) |
69.2 |
69.3 |
69.5 |
68.6 |
69.0 |
70.5 |
|
|
Men |
79.3 |
79.1 |
78.8 |
77.9 |
78.0 |
79.0 |
|
|
Women |
59.0 |
59.4 |
60.0 |
59.1 |
59.9 |
61.8 |
|
|
Non-regular worker % among wage workers |
32.9 |
33.0 |
36.4 |
36.3 |
38.4 |
37.5 |
|
|
Men |
26.3 |
26.3 |
29.4 |
29.4 |
31.0 |
30.6 |
|
|
Women |
41.2 |
41.5 |
45.0 |
45.0 |
47.4 |
46.0 |
|
|
Women with career interruption (1,000 persons) |
1 831 |
1 847 |
1 699 |
1 506 |
1 448 |
1 397 |
Source : Statistics Korea, Economic activity survey, employment survey for each region (scale of women with career interruption) .
Table-14. Job seeking and employment cases at the Saeil Center
(unit: case)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Hiring |
488 757 |
511 953 |
509 326 |
576 043 |
557 488 |
547 082 |
|
Job seeking |
469 891 |
483 802 |
540 396 |
552 198 |
572 560 |
553 590 |
|
Employment/Startup |
171 125 |
173 064 |
177 592 |
176 866 |
180 610 |
161 772 |
Table -15. Performance of female interns at the Saeil Center
(unit: person)
|
Affiliated Persons |
Employment status after the completion of internship |
||||
|
Completed |
Employed |
Unemployed |
Employment rate |
||
|
2017 |
7 201 |
5 959 |
5 785 |
174 |
97.1% |
|
2018 |
7 410 |
5 859 |
5 618 |
241 |
95.9% |
|
2019 |
7 351 |
6 063 |
5 853 |
210 |
96.5% |
|
2020 |
6 945 |
5 812 |
5 658 |
154 |
97.4% |
|
2021 |
11 761 * |
9 611 |
9 312 |
299 |
96.9% |
|
2022 |
10 145 |
8 298 |
8 027 |
271 |
96.7% |
* Including additional supplementary budget .
Table-16. Career interruption prevention support result
(unit: center count, case, company)
|
Year |
Centers |
Total cases |
Performance |
|
|
Employed |
Company |
|||
|
2017 |
15 |
13 239 |
12 793 |
446 |
|
2018 |
15 |
16 442 |
15 897 |
545 |
|
2019 |
35 |
41 174 |
40 168 |
1 006 |
|
2020 |
60 |
49 688 |
47 887 |
1 801 |
|
2021 |
75 |
70 272 |
67 897 |
2 375 |
|
2022 |
75 |
76 848 |
73 491 |
3 357 |
Table-17. Vocational training result
(unit: count, person)
|
Year |
Courses |
Trainee |
Trainees Completed |
Completion rate (%) |
Employed |
Employment rate (%) |
|
2017 |
791 |
15 753 |
14 788 |
93.9 |
10 829 |
73.2 |
|
2018 |
754 |
14 796 |
14 060 |
95.0 |
10 258 |
73.0 |
|
2019 |
745 |
14 544 |
13 924 |
95.7 |
10 008 |
71.9 |
|
2020 |
658 |
11 023 |
10 532 |
95.5 |
7 770 |
73.8 |
|
2021 |
738 |
12 573 |
11 998 |
95.4 |
8 800 |
73.3 |
|
2022 |
718 |
12 586 |
11 919 |
94.7 |
8 892 |
74.6 |
Table-18. Number of public kindergartens and enrolled children
(unit: center count, person)
|
Oct. 2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Facilities |
3 118 |
3 602 |
4 324 |
4 958 |
5 437 |
5 801 |
|
Enrolled |
186 178 |
200 783 |
232 123 |
253 251 |
268 967 |
276 670 |
Table-19. Percentage of women in decision-making positions in the public sector
(unit: %)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
||
|
Senior public officials |
6.5 |
6.7 |
7.9 |
8.5 |
10.0 |
11.2 |
|
|
Directors of central government agencies (Grade 4 +) |
14.8 |
17.5 |
20.8 |
22.8 |
24.4 |
26.4 |
|
|
Directors of local government agencies (Grade 5 +) |
13.9 |
15.6 |
17.8 |
20.8 |
24.3 |
27.4 |
|
|
Executives in public institutions |
11.8 |
17.9 |
21.1 |
22.1 |
22.5 |
23.6 |
|
|
Managers in public institutions 1) |
18.8 |
23.8 |
25.1 |
26.4 |
27.8 |
28.8 |
|
|
Managers in local public institutions 2) |
4.9 |
6.9 |
9.1 |
10.6 |
11.8 |
12.9 |
|
|
Professors in national universities 3) |
15.8 |
16.6 |
17.3 |
18.1 |
18.9 |
20.2 |
|
|
Principals and vice principals |
40.6 |
42.7 |
44.1 |
44.5 |
45.8 |
46.4 |
|
|
Military officers |
5.5 |
6.2 |
6.8 |
7.5 |
8.2 |
9.0 |
|
|
General police |
10.9 |
11.7 |
12.6 |
13.4 |
14.2 |
15.1 |
|
|
Administrative staff |
- |
5.9 |
6.1 |
6.5 |
6.5 |
5.7 |
|
|
Coastal Police |
11.3 |
12.0 |
12.7 |
13.2 |
14.5 |
16.6 |
|
|
Administrative staff |
- |
2.2 |
2.5 |
2.7 |
3.1 |
3.6 |
|
|
Government Committees 4) |
40.2 |
41.9 |
43.0 |
43.2 |
42.4 |
41.4 |
1) Change from “ number of women in the managerial position ” to “ number of women currently in the managerial position ” (same as 2017) .
2) (2018) 300 or more (25ea)→(2019) expanded to all (151ea) .
3) Professors in the national universities provided for in the Higher Education Act .
4) Legal standard for Government Committees (40%) .
Table-20. Labor inspections over unfair labor practices
(1) Results of labor inspections over unfair labor practices
(unit: case count)
|
Inspection target |
Identified |
|||||
|
Total |
Corrective order |
Legal proceedings |
Others |
|||
|
2020 |
Regular |
80 |
51 |
49 |
2 |
0 |
|
2021 |
Regular |
102 |
66 |
66 |
- |
0 |
|
2022 |
Total |
236 |
256 |
253 |
1 |
2 |
|
Regular |
198 |
180 |
179 |
- |
1 |
|
|
Ad-hoc |
38 |
76 |
74 |
1 |
1 |
(2) Major findings identified
(unit: cases)
|
Total |
Trade Union Act * |
Employees ’ Participation Act ** |
Labor Standard Act |
Others |
||
|
2020 |
Regular |
51 |
13 |
21 |
7 |
10 |
|
2021 |
Regular |
66 |
12 |
16 |
12 |
26 |
|
2022 |
Regular |
180 |
21 |
67 |
60 |
32 |
|
Ad-hoc |
76 |
20 |
24 |
31 |
1 |
* Trade Union and Labor Relations Adjustment Act .
** Act on the Promotion of Employees ’ Participation and Cooperation .
Table -21. Remedies for unfair labor practices by the Labor Commission
|
Year |
Received |
Processed |
Transferred (in process) |
||||||
|
Total |
Decision |
Settled |
Cancelled |
||||||
|
Subtotal |
Recognized |
Dismissed |
Rejected |
||||||
|
2020 |
1 450 |
1 156 |
741 |
86 |
627 |
28 |
102 |
313 |
294 |
|
2021 |
1 270 |
1 082 |
716 |
86 |
572 |
58 |
80 |
286 |
188 |
|
2022 |
934 |
786 |
533 |
85 |
427 |
21 |
73 |
180 |
148 |
Table-22. Number of national basic living security beneficiaries (unit: 1,000 persons)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Beneficiaries |
1 582 |
1 744 |
1 881 |
2 134 |
2 360 |
2 451 |
Table-23. Criteria for selection of beneficiaries based on median income (MI) and type of income (2023)
(unit: KRW 1,000)
|
1-person |
2-person |
3-person |
4-person |
5-person |
6-person |
7-person |
|
|
Criteria for median income |
2 078 |
3 456 |
4 435 |
5 401 |
6 331 |
7 228 |
8 108 |
|
Living benefits (30% of MI) |
623 |
1 037 |
1 330 |
1 620 |
1 899 |
2 168 |
2 432 |
|
Medical benefits (40% of MI) |
831 |
1 382 |
1 774 |
2 160 |
2 532 |
2 891 |
3 243 |
|
Housing benefits (47% of MI) |
977 |
1 624 |
2 084 |
2 538 |
2 975 |
3 397 |
3 811 |
|
Education benefits (50% of MI) |
1 039 |
1 728 |
2 217 |
2 700 |
3 165 |
3 614 |
4 054 |
Table-24. Number of projects and institutions subject to annual social service quality evaluation
|
Evaluation project |
Target |
||||
|
Total |
Self-evaluation |
On-site evaluation |
|||
|
1st term |
2013 |
Senior care, at-home care, maternal and child health |
1 850 |
1 850 |
702 |
|
2014 |
Local community service investment projects (18 standard models) |
1 634 |
1 634 |
740 |
|
|
2015 |
Local community service investment projects (3 standard models, 26 non-standard models) |
1 366 |
1 366 |
513 |
|
|
2nd term |
2016 |
Senior care, at-home care, maternal and child health |
1 897 |
1 897 |
705 |
|
2017 |
Local community service investment projects (10 standard models, 8 non-standard models) |
2 096 |
2 096 |
734 |
|
|
2018 |
Local community service investment projects (4 standard models, 7 non-standard models) |
2 471 |
2 471 |
660 |
|
|
3rd term |
2019 |
Senior care, at-home care, maternal and child health |
2 030 |
2 030 |
836 |
|
2020 |
Local community service investment projects (10 standard models, 7 non-standard models) |
2 734 |
2 734 |
1 089 |
|
|
2021 |
Local community service investment projects (7 standard models, 4 non-standard models) |
2 951 |
2 951 |
1 347 |
|
|
4th term |
2022 |
At-home care, maternal and child health |
1 098 |
1 098 |
1 098 |
|
2023 |
Local community service investment projects (planned) |
4 933 |
4 933 |
2 220 |
Standard: Models provided by the MHW for reference by local governments when planning local community service investment projects (14 as of 2023) .
Evaluation was conducted for three types of local community service investment projects and 357 service providers in 2012 .
Table-25. Coverage rates by health insurance per year
|
2017 |
2018 |
2019 |
2020 |
2021 |
|
|
Coverage (%) |
62.7 |
63.8 |
64.2 |
65.3 |
64.5 |
Table-26. National pensioner count: 22.49 million
(unit: entity, persons)
|
2019 |
2020 |
2021 |
2022 |
||
|
Total pensioner count |
22 216 229 |
22 107 028 |
22 347 586 |
22 497 819 |
|
|
Workplace |
1 949 286 |
2 039 009 |
2 137 619 |
2,195,391 |
|
|
Pensioner |
14 157 574 |
14 320 025 |
14 580 825 |
14,785,761 |
|
|
Regional pensioner, etc. |
8 058 655 |
7 787 003 |
7 766 761 |
7 712 058 |
Source : Monthly statistics, National Pension Service .
Table-27. Number of national pension recipients: 6.64 million
(unit: person, KRW million)
|
Dec. 2022 1) |
Total 2) (1988-2022) |
||||
|
Recipients |
Amount |
Recipients |
Amount |
||
|
Total |
6 642 643 |
34 020 076 |
18 430 656 |
288 575 327 |
|
|
Pension |
Subtotal |
6 424 917 |
32 817 226 |
7 406 659 |
263 671 831 |
|
Seniors |
5 396 729 |
29 544 090 |
6 123 001 |
228 571 991 |
|
|
Disabled |
76 718 |
391 377 |
195 490 |
6 415 221 |
|
|
Bereaved |
951 470 |
2 881 759 |
1 088 168 |
28 684 619 |
|
|
Lump sum |
Subtotal |
217 726 |
1 202 850 |
11 023 997 |
24 903 497 |
|
Disabled |
2 722 |
49 853 |
87 902 |
905 343 |
|
|
Returned |
199 170 |
1 074 442 |
10 700 545 |
23 254 813 |
|
|
Deceased |
15 834 |
78 555 |
235 550 |
743 340 |
Note 1) The number of recipients including who were recipients (Disqualified) and the pensions amount provided as of Dec. 2022 .
Note 2) The number of cumulative recipients including who were recipients (Disqualified) between 1988 and 2022 and the pensions amount provided .
Source: Monthly statistics, National Pension Service .
Table-28. Elderly abuse reporting and recognized cases
(unit: case)
|
2017 |
2018 |
2019 |
2020 |
2021 |
|
|
Reported Total |
13 309 |
15 482 |
16 071 |
16 973 |
19 391 |
|
Abuse case |
4 622 |
5 188 |
5 243 |
6 259 |
6 774 |
|
General case |
8 687 |
10 294 |
10 828 |
10 714 |
12 617 |
General cases refer to the cases where abuse was suspected, but the results of the on-site investigation and examination failed to prove the suspicion or evidence of abuse .
Table-29. Elderly abuse budget allocation
(Unit: KRW million)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Budget |
7 306 |
7 597 |
8 561 |
9 445 |
10 366 |
11 535 |
Table-30. State of elder abuse prevention infrastructure
1) Local elderly protection organizations
(unit: center)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022.9 |
|
|
States with centers |
30 |
32 |
34 |
34 |
37 |
37 |
|
Centers increased |
+1 |
+2 |
+2 |
- |
+3 |
- |
|
Newly established centers |
Southwest Gyeongbuk |
Western Seoul Gyeonggi-do |
Jeju (Seogwipo) Western Incheon |
- |
Eastern Seoul, Southern Gyeongbuk, Northwest Gyeonggi |
- |
2) Shelter for abused seniors
(unit: center)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022.9 |
|
|
States with centers |
17 |
17 |
17 |
18 |
19 |
19 |
|
Centers increased |
+1 |
- |
- |
+1 |
+1 |
- |
|
Newly established centers |
Northern Seoul |
- |
- |
Western Jeonnam * |
Northwest Gyeongbuk |
- |
Including one center operated by 100% of local government budget (Western Jeonnam) .
Table-31. Number of received child abuse reports made by mandate notifiers(2018–2021)
( unit: case, %)
|
Mandate notifier of child abuse |
2018 |
2019 |
2020 |
2021 |
||||
|
Teachers of elementary, middle and high schools |
6 406 |
(70.0) |
5 901 |
(66.8) |
3 805 |
(34.7) |
6 065 |
(25.9) |
|
Healthcare workers and medical technicians |
325 |
(3.6) |
293 |
(3.3) |
363 |
(3.3) |
549 |
(2.3) |
|
Workers for child welfare facilities |
411 |
(4.5) |
337 |
(3.8) |
711 |
(6.5) |
702 |
(3.0) |
|
Workers for disabled welfare facilities |
56 |
(0.6) |
38 |
(0.4) |
46 |
(0.4) |
47 |
(0.2) |
|
Daycare center staff |
213 |
(2.3) |
448 |
(5.1) |
182 |
(1.7) |
241 |
(1.0) |
|
Kindergarten staff and instructors |
115 |
(1.3) |
140 |
(1.6) |
140 |
(1.3) |
216 |
(0.9) |
|
Private study center workers |
18 |
(0.2) |
32 |
(0.4) |
42 |
(0.4) |
35 |
(0.1) |
|
Firefighters and paramedics |
24 |
(0.3) |
32 |
(0.4) |
25 |
(0.2) |
36 |
(0.2) |
|
Sex trafficking victim counselors |
8 |
(0.1) |
4 |
(0.0) |
3 |
(0.0) |
1 |
(0.0) |
|
Single parent family welfare facility workers |
14 |
(0.2) |
16 |
(0.2) |
30 |
(0.3) |
26 |
(0.1) |
|
Workers at domestic violence shelters and counseling centers |
283 |
(3.1) |
125 |
(1.4) |
210 |
(1.9) |
79 |
(0.3) |
|
Social welfare facility workers |
211 |
(2.3) |
266 |
(3.0) |
347 |
(3.2) |
230 |
(1.0) |
|
National Center for the Rights of the Child Workers at at-home foster support centers |
25 |
(0.3) |
26 |
(0.3) |
51 |
(0.5) |
45 |
(0.2) |
|
Social welfare officials |
- |
- |
- |
- |
632 |
(5.8) |
7 493 |
(32.1) |
|
Dedicated child welfare officials |
72 |
(0.8) |
200 |
(2.3) |
984 |
(9.0) |
1 097 |
(4.7) |
|
Head and workers of children protection centers |
- |
- |
- |
- |
2 394 |
(21.8) |
5 785 |
(24.8) |
|
Healthy family support center workers |
31 |
(0.3) |
67 |
(0.8) |
91 |
(0.8) |
54 |
(0.2) |
|
Multicultural family support center workers |
52 |
(0.6) |
82 |
(0.9) |
61 |
(0.6) |
53 |
(0.2) |
|
Mental health welfare center workers |
48 |
(0.5) |
63 |
(0.7) |
65 |
(0.6) |
59 |
(0.3) |
|
Workers of shelters for sexual violence victim protection facilities and integrated support centers for sexual violence victims |
168 |
(1.8) |
128 |
(1.4) |
83 |
(0.8) |
46 |
(0.2) |
|
Paramedics |
0 |
(0.0) |
1 |
(0.0) |
1 |
(0.0) |
3 |
(0.0) |
|
Workers of youth facilities and groups |
276 |
(3.0) |
286 |
(3.2) |
280 |
(2.6) |
212 |
(0.9) |
|
Workers of youth protection centers and youth rehabilitation centers |
121 |
(1.3) |
105 |
(1.2) |
87 |
(0.8) |
117 |
(0.5) |
|
Babysitters |
11 |
(0.1) |
11 |
(0.1) |
21 |
(0.2) |
26 |
(0.1) |
|
Support personnel for integrated services for vulnerable children |
255 |
(2.8) |
225 |
(2.5) |
308 |
(2.8) |
139 |
(0.6) |
|
Workers for child care centers |
4 |
(0.0) |
9 |
(0.1) |
10 |
(0.1) |
10 |
(0.0) |
|
Workers for adoption agencies |
4 |
(0.0) |
1 |
(0.0) |
1 |
(0.0) |
6 |
(0.0) |
|
Total |
9 151 |
(100) |
8 836 |
(100) |
10 973 |
(100) |
23 372 |
(100) |
Source : Ministry of Health and Welfare Major Statistics of Child Abuse .
Table-32. Measures under the Act on Special Cases Concerning the Punishment of Child Abuse Crimes
Urgent measures |
Urgent ad hoc measures |
Ad hoc measures |
Protective measures |
Orders to protect abused child |
|
Type of measures |
1. Halting the criminal actions of child abuse 2. Separation of the abuser from the child or children who have been victimized 3. Placing victimized children in shelters related to child abuse 4. Transportation of a child in urgent need of medical care to a medical facility. |
1. Isolation of the victimized child or household member by means such as eviction 2. Banning access to the child or household members within 100 meters of the child’s residence, school or shelter 3. Prohibition of access to the affected child or household members through telecommunications, as outlined in Article 2, subparagraph 1 of the Framework Act on Telecommunications, etc. |
1. Isolation of the victimized child or household member by means such as eviction 2. Banning access to the child or household members within 100 meters of the child’s residence, school or shelter 3. Prohibition of access to the affected child or household members through telecommunications, as outlined in Article 2, subparagraph 1 of the Framework Act on Telecommunications, etc. 4. Restriction or suspension of the exercise of parental or guardianship authority 5. Entrustment of counseling and education to specialized child protection organizations, etc. 6. Referral to a medical institution or other nursing facility 7. Detention in a police station or detention center (May be combined) |
1. Restriction of access of child abuser(s) to the abused child or his/her family members 2. Restriction of access of child abuser(s) to the abused child or his/her family members through telecommunications as outlined in Article 2, subparagraph 1 of the Framework Act on Telecommunications, etc. 3. Restriction or suspension of the exercise of parental or guardianship authority against the abused child 4. Ordering community service or training under the Probation Act 5. Probation under the Probation Act 6. Entrustment to a detention center established under the Minister of Justice or a protective facility designated by the Minister of Justice 7. Entrustment of medical treatment to a medical institution 8. Entrustment of counseling to child protection organizations, counseling centers, etc. |
1. Isolation including eviction of the child abuser from the child’s residence or room occupied by the child 2. Restriction of access of child abuser(s) to the abused child or his/her family members 3. Restriction of access of child abuser(s) to the abused child or his/her family members through telecommunications as outlined in Article 2, subparagraph 1 of the Framework Act on Telecommunications, etc. 4. Entrustment of the abused child to a child welfare facility or a welfare facility for the disabled 5. Entrustment of the abused child to a medical institution for medical treatment 5-2. Entrustment of counseling and medical treatment to a specialized child protection organization, counseling center, etc. 6. Entrustment of the abused child to a relative, etc. 7. Restriction or suspension of the exercise of parental authority against the abused child 8. Restriction or suspension of the exercise of guardianship authority against the abused child 9. Decisions deemed the intention of the parent or guardian |
Table-33. Number of public officials responsible for child abuse
|
Year |
2018 |
2019 |
2020 |
2021 |
2022.12 |
|
People |
- |
- |
292 |
747 |
852 |
Table-34. Number of specialized child protection centers
|
Year |
2018 |
2019 |
2020 |
2021 |
2022 |
|
Centers |
62 |
67 |
69 |
77 |
85 |
Table-35. Number of centers for abused children
|
Year |
2018 |
2019 |
2020 |
2021 |
2022 |
|
Centers |
65 |
73 |
74 |
98 |
125 |
Table -36. Major PR performance of foster households
|
Media PR |
Press release (Mar. 2021), SBS TV public service announcement (Mar. to Apr. 2021), CBS Radio Campaign (Mar. to Apr. 2021; Nov. 2021), utilization of local government billboards (Mar. 2021), etc. |
|
|
2021 |
Online portal PR |
Posting PR videos and leaflets, etc. on the websites of MOHW and the National Center for the Rights of the Child (Mar. 2021), online portal ads (Mar. to Apr. 2021), YouTube CJ ENM Channel ads (Jul. to Aug. 2021), etc. |
|
2022 |
Media PR |
Press release (May 2022), SBS TV public service announcement (May to Jun. 2022), transmission to YouTube channels (May 2022), CBS Radio Campaign (Dec. 2022) |
|
Online PR |
Production and distribution of web posters about the application for specialized foster child care (Jul. 2022), posting public service announcement videos on the POS machines in CU convenience stores (Oct. 2022 to Jan. 2023) |
|
|
Others |
Promotion of related organizations’ websites and social media PR (3 items), publication of business materials in the guides for related organizations (Sep. 2022; 2 items), distribution of leaflets, etc. |
Table-37. Water-related complaint count (water quality, outages and leaks)
(unit: case)
|
Total |
2017 |
2018 |
2019 |
2020 |
2021 |
|
|
Complaints (water quality) |
126 909 |
21 223 |
23 352 |
30 994 |
24 767 |
26 573 |
|
Complaints (water outages) |
96 960 |
16 028 |
28 829 |
16 214 |
16 330 |
19 559 |
|
Complaints (water leaks) |
556 560 |
102 150 |
117 486 |
104 219 |
105 082 |
127 623 |
Table -38. Cumulative maintenance volume of old pipeline maintenance projects
(unit: km)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Cumulative maintenance volume |
- |
99 |
397 |
699 |
1 340 |
1 809 |
Table-39. Customized technical support for purification plants
(unit: case)
|
Total |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Technical support |
581 |
56 |
40 |
42 |
124 |
152 |
167 |
Table-40. Water quality test results in areas with contamination concerns
(unit: plant, %)
|
Total |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Water quality test results (pipe) |
12 528 |
2 061 |
2 142 |
2 019 |
2 104 |
2 100 |
2 102 |
|
Exceeded well |
7 008 |
1 345 |
1 377 |
920 |
1 125 |
998 |
1 243 |
|
Exceedance rate (%) |
56.0 |
65.3 |
64.3 |
45.6 |
53.5 |
47.5 |
59.1 |
Exceeded well: Exceeded the water quality standards for fresh water .
Table-41. Efficiency of water supply refurbishment in vulnerable areas
(As of Jul. 2023; unit: plant, %)
|
Environment improvement |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Disinfected and Cleaned Facilities |
- |
1 503 |
2 048 |
2 010 |
2 005 |
2 297 |
|
|
Refurbished Facilities |
100 |
102 |
103 |
113 |
160 |
151 |
|
|
Water quality exceedance rate (%) |
Before Refurbishment |
- |
49.2 |
36.9 |
19.6 |
18.6 |
58.8 |
|
After Refurbishment |
- |
11.7 |
5.9 |
3.8 |
1.8 |
6.6 |
|
|
Total efficiency (%) |
- |
76.2 |
84.0 |
80.6 |
90.3 |
88.8 |
Calculation of total efficiency compared to pre- and post-refurbishment water quality results (total coliforms), excluding preventive purposes .
Table-42. Rental housing status by year
(unit: 10K houses)
|
Year |
Total rental |
Public landlords |
Private landlords |
||||||||||
|
Subtotal |
Central (LH) |
Local |
Private public construction rental housing |
Private rental housing |
|||||||||
|
Total |
5 yrs |
10 yrs |
Subtotal |
Short-term |
Quasi-public |
Company |
Long-term general |
Publicly supported |
|||||
|
2017 |
244.5 |
128.2 |
101.7 |
26.5 |
16.0 |
8.7 |
7.3 |
100.3 |
86.8 |
5.7 |
7.8 |
- |
- |
|
2018 |
298.5 |
138.8 |
111.8 |
27.0 |
18.2 |
8.2 |
10 |
141.5 |
102.3 |
14.8 |
9.8 |
13.3 |
1.3 |
|
2019 |
304.4 |
148.9 |
120.2 |
28.7 |
17.1 |
7.1 |
10 |
138.4 |
94.5 |
11.6 |
9 |
21.8 |
1.5 |
|
2020 |
327.0 |
159.4 |
128.1 |
31.3 |
14.3 |
4.5 |
9.8 |
153.3 |
53.0 |
- |
- |
94.7 |
5.6 |
|
2021 |
329.0 |
166.8 |
133.3 |
33.5 |
11.2 |
2.8 |
7.4 |
151.5 |
43.4 |
- |
- |
100.6 |
7.4 |
Source: Ministry of Land, Infrastructure and Transportation .
Table-43. Number of support cases of psychological counseling at the Health Center for Workers
(unit: case)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Worker Health Center |
47 128 |
49 123 |
36 839 |
21 946 |
26 642 |
27 143 |
|
Trauma Center |
- |
419 |
911 |
1 932 |
4 218 |
4 320 |
Table-44. EAP service support results
(unit: case)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Individual |
10 209 |
8 427 |
11 415 |
10 991 |
11 057 |
12 207 |
|
Corporations/Groups |
1 864 |
2 633 |
2 561 |
270 |
325 |
432 |
Table-45. Psychological wellness programs for unemployed and job seekers support results
(unit: case)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Psychological support |
46 423 |
49 574 |
56 943 |
46 323 |
62 938 |
64 397 |
Table-46. Support for providing comprehensive information on pregnancy, childbirth and childcare by year
(unit: case)
|
2018 |
2019 |
2020 |
2021 |
2022 |
Mar. 2023 |
|
|
Pregnancy maintenance and termination counseling |
- |
- |
- |
1 874 (Enforced in Jul. 2021) |
3 830 |
924 |
|
Providing comprehensive information |
12 330 |
13 821 |
13 576 |
13 459 |
14 853 |
3 583 |
|
Medication counseling for pregnant women |
13 722 |
15 729 |
15 011 |
18 833 |
24 758 |
5 676 |
Table-47. Students eligible for free education
(unit: persons)
|
Year |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Eligible students |
487 496 |
877 512 |
1 240 938 |
1 203 386 |
1 197 019 |
In 2019, the cost of free education was funded by the city and provincial education office budget .
Table-48. Students subject to special education
(unit: persons)
|
2019 |
2020 |
2021 |
2022 |
2023 |
|
|
S tudents |
92 958 |
95 420 |
98 154 |
103 695 |
109 703 |
Table-49. Number of special schools and classes
(unit: school/class)
|
2019 |
2020 |
2021 |
2022 |
2023 |
|
|
Special schools |
177 |
182 |
187 |
192 |
194 |
|
Special classes |
11 105 |
11 661 |
12 042 |
12 712 |
13 287 |
Table-50. Major projects in the cultural diversity protection and promotion policy
|
Project |
Details |
|
Conduct life-cycle education to spread cultural diversity values |
Support for the operation of kindergartens and elementary schools focusing on research on cultural diversity (2016–2021, 4 schools per year) Developed and operated a job training program to cultivate cultural diversity competencies of teachers (from 2016) Developed and operated educational contents to raise job-related cultural diversity awareness for professionals such as cultural institution employees and cultural content producers (from 2015) Operated a course on understanding cultural diversity in conjunction with the Korean Massive Open Online Course (K-MOOC) for the general public (from 2022) |
|
Promote public awareness campaigns on the occasion of Cultural Diversity Week |
Designated Cultural Diversity Week (21 to 27 May, Article 11 of the Cultural Diversity Act) to commemorate the UN-designated World Cultural Diversity Day (21 May), and promoted publicity and campaigns to raise public awareness of cultural diversity (from 15) |
|
Support for activating communication and exchange between various cultural entities in the community |
Support for local cultural institutions to operate cultural programs to activate mutual interaction and communication between local residents with diverse cultural backgrounds in line with nationality, region and generation (from 2012; 20 regions nationwide) Support for the Migrants’ Arirang Multicultural Festival (MAMF), a cultural diversity festival organized and promoted by migrants themselves (with the participation of diaspora associations from 14 countries), to ensure the cultural rights of migrants and promote domestic and foreign exchanges (from 2005) |
Table-51. Cultural diversity awareness of participants in cultural diversity projects (2019–2022)
|
Satisfaction (%) |
Pre-recognition (Point / out of 100) |
Post-recognition (Point / out of 100) |
Pre-post recognition change (%) |
|
|
2019 |
85.9 |
69.6 |
76.6 |
10.1 |
|
2020 |
82.4 |
67.4 |
76.2 |
13.1 |
|
2021 |
85.0 |
71 |
83.8 |
18.0 |
|
2022 |
86.7 |
73.2 |
84.3 |
15.2 |
|
Average |
70.3 |
80.2 |
14.1 |
Table-52. Complaints received about discrimination for the last five years
(unit: case)
|
Year |
Total |
Discrimination in employment |
||||||||||||
|
Subtotal |
Recruitment |
Hiring |
Training |
Assignment |
Promotion |
Wage payment |
Money other than wages |
Financing |
Retirement age |
Retirement |
Dismissal |
Others |
||
|
Cum. |
38 544 |
11 052 |
1 583 |
2 150 |
191 |
843 |
450 |
1 903 |
415 |
8 |
278 |
279 |
885 |
2 067 |
|
2022 |
2 036 |
726 |
37 |
95 |
7 |
193 |
21 |
223 |
24 |
- |
11 |
3 |
23 |
89 |
|
2021 |
2 564 |
597 |
56 |
98 |
6 |
60 |
42 |
137 |
18 |
1 |
9 |
11 |
38 |
121 |
|
2020 |
2 426 |
704 |
60 |
109 |
9 |
50 |
36 |
191 |
22 |
- |
3 |
1 |
25 |
198 |
|
2019 |
2 730 |
852 |
60 |
110 |
22 |
66 |
34 |
223 |
31 |
1 |
11 |
27 |
31 |
236 |
|
2018 |
2 208 |
573 |
75 |
112 |
23 |
47 |
31 |
89 |
24 |
- |
6 |
10 |
45 |
111 |
|
Year |
Discrimination in supplying or using goods or services |
Discrimination in using a vocational facility, etc. |
Sexual harassment |
Others |
|||||||||||
|
Subtotal |
Service |
Goods |
Transportation |
Commercial facilities |
Lands |
Residential facilities |
Subtotal |
Educational facilities |
Vocational training institutes |
Subtotal |
Employment relations |
Work relations |
Other relations |
||
|
Cum. |
15 653 |
6 091 |
6 117 |
1 537 |
1 345 |
41 |
522 |
2 039 |
1 901 |
138 |
2 501 |
1 750 |
70 |
681 |
7 299 |
|
2022 |
882 |
273 |
306 |
79 |
191 |
3 |
30 |
91 |
80 |
11 |
171 |
126 |
2 |
43 |
166 |
|
2021 |
1 240 |
623 |
278 |
62 |
125 |
3 |
149 |
75 |
68 |
7 |
210 |
142 |
12 |
56 |
442 |
|
2020 |
1 192 |
404 |
399 |
286 |
73 |
2 |
28 |
90 |
79 |
11 |
217 |
153 |
10 |
54 |
223 |
|
2019 |
976 |
403 |
369 |
53 |
121 |
- |
30 |
107 |
94 |
13 |
309 |
208 |
16 |
85 |
486 |
|
2018 |
1 054 |
521 |
365 |
70 |
83 |
1 |
14 |
92 |
82 |
10 |
255 |
189 |
9 |
57 |
234 |
The cumulative number is from the date of the committee ’ s inception (Nov. 25, 2001) to 31 December 2022.
Table-53. Percentage of gender markers applied (by approval amount)
(unit: USD million, %)
|
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
|
Amount Approved |
165 |
343 |
490 |
235 |
571 |
935 |
|
Portion (%) |
11.4 |
19.4 |
22.0 |
31.7 |
25.0 |
35.7 |