COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES CONSIDERATION OF REPORT OF REPUBLIC OF KOREA

CESCR
25th session
1 May 2001
Morning





The Committee on Economic, Social and Cultural Rights this morning continued its review of the second periodic report of the Republic of Korea on how that country implements in its society the provisions and tenets enshrined within the International Covenant on Economic, Social and Cultural Rights.

A Government delegation, led by Kyung-wha Kang, the Deputy Director-General for International Organizations within the Ministry of Foreign Affairs and Trade, answered a wide array of questions posed by Committee Experts on Monday afternoon. The delegation addressed issues ranging from the force the Covenant enjoys in the country's domestic laws to the prevalence of human rights education and the treatment of disabled persons in the workplace.

Ms. Kang said the Covenant had the same effect as domestic law. If there was a conflict between domestic law and the Covenant, established procedures existed in which the conflict could be decided by the Constitutional Court.

She said human rights education was mandatory for police and teachers. In a revised educational curriculum last year, human rights education in the primary and secondary schools was strengthened. Further, a course on international human rights was part of the regular curriculum in the Judicial Training and Research Centre, and in the Legal Training and Research Centre, a training area for prosecutors and law enforcement officials, a course on "Women and Law" was taught.

The delegation also said workplaces with more than 300 workers should ensure that
2 per cent of their employees were disabled workers. If inspectors found differently, stiff fines were levied. Those who employed 2 per cent or more were given wage subsidies. The Government also encouraged employers to employ disabled workers by providing low- or no-interest loans in making their workplaces able to handle disabled workers.

When the Committee resumes its meeting at 3 p.m., it will conclude its examination of the report of the Republic of Korea.


Discussion

Answering questions posed by Committee Experts on Monday, the delegation said many questions had been raised about domestic laws and the Covenant. Not a single case of conflict had so far been detected of a domestic law being in conflict with the Covenant. This was due to the Constitutional stipulation that the Covenant had the same effect as domestic law. If, despite various mechanisms, theoretically there could be room for conflict between domestic law and the Covenant, there were established procedures to take violations of the Constitution by individual laws to the Constitutional Court.

The delegation said the country's definition of refugees referred to those to whom the covenant relating to the status of refugees would apply. Thus, the policy was based on the definition outlined in the UN covenant.

Most refugee applicants were migrant workers, and thus they had the protection of ensuring their wages were paid, and that they were covered by industrial insurance. They were given free movement between the immigration offices and the workplaces while their applications were being reviewed.

Asked why many Koreans emigrated to other countries, while only a few immigrants were welcomed into the Republic of Korea, the delegation said the Korean immigrants were lawful immigrants, whereas the foreigners referred to were illegal entrants into the Republic of Korea. A country's immigration policy reflected the economic, social and cultural conditions. In the Republic of Korea, applications for immigration were judged according to relevant laws. The laws were not any more rigid than those in other countries.

The delegation said human rights education was mandatory for police and teachers. In a revised educational curriculum last year, human rights education in the primary and secondary schools was strengthened. Further, a course on international human rights was part of the regular curriculum in the Judicial Training and Research Centre, and in the Legal Training and Research Centre, a training area for prosecutors and law enforcement officials, a course on "Women and Law" was taught.

The delegation said victims of sexual violence had offices -- 63 nationwide -- that they could go to for consultative advice. There were also medical centres and shelters. For the perpetrators of family violence, they were not judged within the criminal code, but the court ordered a system which they would have to follow. They were ordered to attend therapy sessions and public service. The goal should be to make the family whole again, and that was why the criminal code was not involved.

The delegation continued that sexual criminals were often referred to the criminal code, depending on the seriousness of the crime. For example, rape cases were referred to the criminal courts.


There was a new Gender Equality Ministry that had a staff of 102 people, the delegation said. It contained an Office of Policy Planning, and had departments underneath the Office on gender discrimination, promotion of women's rights, and external cooperation and communication. The Ministry had published a series of information booklets in public places to educate the public about the Ministry, and how it served the public.

There was a change in the public perception -- for example, family violence was now seen as something that had to be dealt with by public authorities, the delegation said. For example, in 1998, there were 475 cases of domestic violence reported. In 2000, 75,000 cases were reported. This showed that the taboo of reporting these incidents had been removed.

The delegation said there were cases of women losing their jobs during the economic crisis, but statistics showed there was not a big difference between the rates of unemployed men and women. During the crisis, women's unemployment went from 2.5 per cent to 5.6 per cent. For men in the same time, unemployment went from 2.8 per cent to 7.6 per cent.

Continuing, the delegation said there were 46 training centres around the country that offered women free education and training for business. They were also enabled to get loans at a very low interest rate if they were interested in opening their own businesses. Companies that employed women who were the head of a household also received Government subsidies.

About the protection of foreign workers, the delegation said, legal foreign workers enjoyed all the rights that Korean nationals received in the workplace. The problem was with illegal foreign workers. To help with this, there was a directive by the Minister of Labour to the Labour Inspectors to inspect various work sites to ensure that all protections for illegal foreign workers were in place. They could order the employer to pay if they were behind in wages, for example.

Asked why the Republic of Korea did not ratify certain ILO conventions, the delegation said, regarding the freedom of assembly, the domestic situation was not ready. These issues pitted groups sharply against each other -- most employers and employees -- and they were discussed in the Tripartite Commission. About forced labour, the ILO concluded after a mission to the Republic of Korea, that the Convention on Forced Labour was not immediately implementable. Both issues required revisions in domestic laws first.

Responding to questions about migrant workers, the delegation said employers had a significant responsibility in ensuring that migrant workers knew labour laws. The Government would continue working to educate the foreign, undocumented workers.

Asked about employing the disabled, the delegation said workplaces with more than 300 workers should make sure that 2 per cent of their workers were disabled. If inspectors found differently, stiff fines were levied. Those who employed 2 per cent or more were given wage subsidies. The Government also encouraged employers to employ disabled workers by providing low- or no-interest loans in making their workplaces able to handle disabled workers.

The delegation said the trend was to increase the number of inspectors since the economic crisis.


The delegation said the Government had a view that growth had to have a human face. Economic success without a human face was hardly fulfilling. Without genuine democracy, economic prosperity could not be sustained. The Government wanted its people to enjoy prosperous and dignified lives. When the Asian crisis hit, the country had been on the brink of bankruptcy. In the process of saving the country, the new Government had tried to make it better.

The delegation said the National Human Rights Commission would be able to adjudicate decisions, although specific details were not yet known because it was just approved. It was hoped that the Commission would be able to draft a national Plan of Action.

Asked about the reasons for the economic crisis, the delegation said it was caused by several distortions. There had been a collusion between businesses and the Government, and the banks had been dictated by the Government -- they were told who to led money to, and who not to lend money to. Instead of sound business decisions, their lending patterns were dictated by political expedience. Decades of this slowly led to the dropping of the economy, and to the dropping of the country's credit rating. When the crisis hit other countries, international investors lost all confidence and withdrew all their money. The crunch was sudden, but the root causes had been in the making for decades.

The delegation said there were 129 strikes in 1998, 198 in 1999 and 250 in 2000. The Government had been encouraging the parties concerned to settle industrial disputes in a voluntary and peaceful way, observing related regulations. The Government had also taken preventive measures, such as anticipating potential reasons for disputes and guiding disputing parties into dialogue.

Agriculture was a declining sector, the delegation said. The population working in that sector got the same protection as did people in self-employed businesses in the cities. It was unlikely that there were any foreign workers in that sector, although they could be needed as the Korean workforce aged. The Government was considering the introduction of a foreign worker permit section, not just for the agricultural sector, but for the entire employment sector.

The delegation said the Government had implemented aggressive social policies for productive welfare in light of the Republic of Korea's rapid economic growth. It had focused on protecting the basic livelihood of the underprivileged so they could live in dignity, providing them with opportunities to participate in economic and social activities, and alleviating the effects of structural policies.

The Industrial Accident Compensation Insurance System, the delegation said, compensated workers for work-related injuries, diseases or difficulties due to neglect on behalf on employers. Insurance benefits such as medical care, disability, funeral expense assistance, survivors' family benefits and injury or disease compensation pensions were provided.

Asked about children abandoned during the financial crisis, the delegation said the Government had adopted appropriate measures to keep children from being exploited in any way by their absent or neglectful guardians who had not attended to their needs. As the situation improved, the number of children who needed protection had dropped from 9,292 in 1999 to 7,693 in 2000.


About marital rape, the delegation said a variety of legislative and administrative measures to combat sexual and other forms of violence against women had been taken.

Concerning street children, the delegation said the Government provided consultation and supervision to enable them to return home. However, street children without a home were placed and cared for in Government-operated facilities. The children at such facilities were provided with basic elements such as food, shelter and clothing. Further, they were given opportunities to attend school. Those suffering from particular diseases had been provided with medical services, and drug addicts were given treatment.

The delegation, with regard to the sexual exploitation of children, said the Government had signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Government enforced severe punishments for crimes related to the sale for exploitation of children. Further, the recently enacted Sexual Protection for Adolescents Act provided personal information about sexual exploiters to disgrace their social status. An emergency call service received reports on sexual violence and exploitation against children. If a crime occurred, it was reported to the police, and the officers were immediately mobilized to provide the needed medical treatment or protection.



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