Human Rights Commission: "Not Granting Bereavement Leave for Maternal Grandparents' Death is Discrimination"

[Asia Economy Reporter Gong Byung-sun] The National Human Rights Commission of Korea (NHRCK) has expressed the opinion that there should be no discrimination in granting condolence leave or condolence money for maternal grandparents' family events, unlike paternal grandparents.

On the 14th, the NHRCK recommended that the CEO of Company A revise the regulations to include maternal grandparents' funerals along with paternal grandparents' funerals when granting condolence leave and condolence money.

According to the NHRCK, the petitioner filed a complaint stating that Company A only grants three days of condolence leave and pays 250,000 won in condolence money for the death of paternal grandparents, which constitutes discrimination. Company A responded that this was based on the company's own personnel committee resolution and that granting condolence leave and condolence money is a welfare measure, so expanding the scope to include the maternal side would be burdensome.

The NHRCK explained, "Article 768 of the Civil Act defines lineal relatives as one's direct ascendants and descendants, and Article 777 of the same law defines relatives as 'blood relatives within the eighth degree,' including both maternal and paternal relatives without distinction." Furthermore, "Both maternal grandparents, who are the mother's direct ascendants, and paternal grandparents, who are the father's direct ascendants, hold equal status," and "treating maternal grandparents differently from paternal grandparents is a practice based on patrilineal descent with no reasonable grounds."

The NHRCK also interpreted that although the family registry system (hojuje) has been abolished and awareness of family functions and role sharing among family members has clearly changed, the practice of conducting funerals centered on patrilineal descent still violates the equality rights stipulated in Article 11 of the Constitution.