NHRCK: Unpaid Childcare Leave for Government-Funded Permanent Workers Is Discriminatory

Partially paid for public officials, completely unpaid for government-funded permanent workers
"Hindering practical use of the system...violation of the principle of equality"

The National Human Rights Commission of Korea has recommended improvements to a system after finding that a state institution’s practice of operating the childcare leave system for government-funded permanent workers on a completely unpaid basis, while treating others differently, constituted discrimination.

National Human Rights Commission of Korea, Jung-gu, Seoul. Yonhap News

On the 24th, the Commission announced that it had recommended corrective measures to a certain state institution that, while operating a childcare leave system, applied the system as partially paid for public officials but entirely unpaid for government-funded permanent workers. The Commission recommended that the institution revise its work rules and other relevant regulations so that government-funded permanent workers affiliated with the institution can also be guaranteed paid leave when taking childcare leave to care for their children.

On January 6, the Commission determined that, as a state institution, the agency in question is obligated to comply with the constitutional principle of equality. It added that the institution has a responsibility to improve systems and practices that hinder work-life balance and to create a working environment in which workers can harmoniously balance family and work.

In response, the institution argued that operating childcare leave for government-funded permanent workers on an unpaid basis falls within the institution’s discretion. It further replied that, since an agreement between labor and management had already been reached, it is difficult to regard this operating method as a violation of the Act on Equal Employment for Both Sexes.

However, the Subcommittee of the Committee for the Remedy of Discrimination at the National Human Rights Commission concluded that the respondent’s actions constituted discrimination without reasonable cause. The Committee found that, if childcare leave is operated on a completely unpaid basis, it may result in government-funded permanent workers finding it practically difficult to make use of the system.

The Committee also determined that, in terms of using this system, public officials and government-funded permanent workers are essentially in the same position. It therefore stated that, although current labor-related laws and regulations do not explicitly require childcare leave to be operated on a paid basis, there is also insufficient justification to legitimize differential treatment between the two types of positions.