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

The Committee on Economic, Social and Cultural Rights has considered the third periodic report of the Republic of Korea on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Lee Sung-Joo, Permanent Representative of the Republic of Korea to the United Nations Office at Geneva, said that recent far-reaching economic and social changes were affecting the country. One was the global economic crisis and marginalization. The recent situation clearly illustrated that it was the socially and economically marginalized who were the hardest hit by a global financial crisis. It was at such times that the Government had a key role to play in providing them with adequate assistance. Another change affecting the Republic of Korea was the dramatic increase in migrant workers and international marriages. Korean society was rapidly becoming a multi-cultural society. A third change was a dramatic demographic change due to low fertility and rapid population aging. As of 2009, 10.7 per cent of the total population of the Republic of Korea was aged 65 or over. This figure was expected to double by 2026.

Mr. Lee said following the Committee’s last concluding observations, the Government had finally abolished the patriarchal head-of-family (Ho-ju) system in 2005 and taken measures for the promotion of women’s participation in the labour market. It had also taken steps to eliminate violence against women; to strengthen legal measures against sexual offenders; to give civil servants the right to form and join trade unions and to engage in collective bargaining; and to improve the working conditions of non-regular workers.

Among questions and issues raised by Committee Experts were, amongst others, the situation of non-regular workers; the status of economic, social and cultural rights in the Republic of Korea and whether the provisions of the Covenant were directly applicable; the lack of case-law with regard to the Covenant; why the staff of the National Human Rights Commission had been cut down by 30 per cent; whether the recommendations made by this Commission were taken into consideration by the Government; the effects of privatization of public goods on the Government’s ability to comply with its obligations under the Covenant; the impact of the budget allocations for the Four Rivers Project; the status of major overseas Daewoo land-leasing contracts; measures taken to tackle the problem of young people’s unemployment; what the criteria were to call a strike legal or illegal; the problem of exploitation and trafficking of workers in the entertainment industry; and the situation of homeless people.

In concluding remarks Marchan Romero, Committee Chairperson, thanked the delegation of the Republic of Korea. It was the first time that he had seen such a large delegation attending the Committee. It testified to the Republic of Korea’s great desire to work towards the promotion and protection of the rights under the Covenant. All States parties ratifying this Covenant had to continue their steep climb to achieve these objectives. It was the job of the Committee to highlight and pinpoint weaknesses.

Jih-Ah Paik, Deputy Director-General for International Organizations Bureau, Ministry of Foreign Affairs and Trade, in concluding remarks, said that the intense discussions had been highly constructive. She believed that the Committee’s advice and recommendations would serve as a valuable guide and source of inspiration for the Government in years to come. The process had provided them with a unique opportunity to reflect upon what they had achieved and what they had failed to do since the previous consideration.

Also in the delegation of the Republic of Korea were representatives of the Ministry of Foreign Affairs and Trade; the Ministry of Justice; the Ministry of Labour; the Ministry for Health Welfare and Family Affairs; the Ministry of Education, Science and Technology; the Ministry of Public Administration and Security; the Ministry of National Defence; the Ministry of Gender Equality; the Ministry of Food, Agriculture, Forestry and Fisheries; the Ministry of Land, Transport and Maritime Affairs; the Ministry of Culture, Sports and Tourism; and the Ministry of Environment.

The next meeting of the Committee will be on Friday, 20 November, around noon, when it will issue its concluding observations and recommendations on the country reports which it has considered during the session and conclude the session.

Report of Republic of Korea

The third periodic report of the Republic of Korea (E/C.12/KOR/3) states that since the submission of the second periodic report in 1999, the Korean Government has made significant efforts to improve the economic, social and cultural rights of the Korean people, including the rights of minorities. The Korean Government has been seeking various measures to close the social divide and improve the economic, social and cultural rights of socially vulnerable groups, including the poor, the elderly, and children. In some fields, however, the Republic of Korea has not yet complied with the requirements laid down in the Covenant. Nevertheless, it is committed to doing its best to improve economic, social and cultural rights to the extent that available resources permit. In May 2006, the Korean Government established the Human Rights Bureau within the Ministry of Justice. The Bureau is responsible for establishing and enforcing national policies on human rights, including the formulation and implementation of the National Action Plan for the
Promotion and Protection of Human Rights, investigating human rights violation cases, improving human rights-related institutions, and providing protection and remedy for victims of crimes. Pursuant to the Paris Principles, the Korean
Government also established the National Human Rights Commission in 2001 as an independent institution in charge of human rights affairs.

In the Republic of Korea, if a strike or other form of industrial action is to be considered legitimate, its purpose, procedures and means must be justifiable. The requirements for industrial action are mostly in line with the relevant ILO conventions and are not stricter than required. For example, strikes to promote political goals, which also have little to do with maintaining or improving working conditions (e.g. strikes staged to join the campaign for the withdrawal of United States troops), strikes mounted without a strike ballot among union members, and strikes involving the violent occupation of production facilities are deemed illegal, as their purposes, procedures and means violate labor laws and therefore can be punished on charges of obstruction of business. Strikes conducted legitimately in observance of related laws, including picketing and the peaceful occupation of facilities, not to mention collective refusal to work, are permitted within reasonable boundaries. Even in the event that industrial action by a trade union is considered obstruction of business, the Government and the court does not always apply severe punishment. They treat such matters judicially in a flexible way by considering them on a case-by-case basis. In the case of simple illegal strikes, the strike workers are, in principle, investigated with no detention unless there are any exceptional and special reasons, such as significant impacts on related industries and major direct damage.

Introduction of Report

LEE SUNG-JOO, Permanent Representative of the Republic of Korea to the United Nations Office at Geneva, introducing the report, said that the report was the result of a close cooperation and a combined effort among the relevant ministries and agencies and more than 30 representatives from 12 ministries had travelled to Geneva to participate in this process.

Turning to the Government’s efforts to promote the rights upheld in the International Covenant on Economic, Social and Cultural Rights, in response to the recent extensive and far-reaching economic and social changes in the Republic of Korea, Mr. Lee said that one of the changes was the global economic crisis and marginalization. The recent situation clearly illustrated that it was the socially and economically marginalized that were the hardest hit by a global financial crisis. It was at such times that the Government had a key role to play in providing these groups with adequate assistance. Government spending in the social and welfare area should not be seen as a cost, but rather as an investment for enhanced social integration. This item now accounted for the biggest budget item, amounting to 26 per ce