Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Investigation and remedial measures for gender discrimination [2002] KRNHRC 2 (1 January 2002)

As the role of the Ministry of Gender Equality and that of the Commission
overlap, there were not many complaints filed with the Commission. Among the
complaints filed, two cases including complaints of "gender discrimination in
acquiring citizenship" were voluntarily dismissed by the petitioners because the
relevant regulation was amended while the Commission conducted an investigation.
Two cases were dismissed because the causes were not true, one case was
voluntarily dismissed by the petitioner, and two cases were also dismissed
because the relevant remedial measures had already been taken. Hence, seven
cases were closed, and the remaining two cases are under examination.

It is important to note that there was a case of "gender discrimination in
determination of disability." The petitioner filed the complaint arguing that it
constituted gender discrimination to discriminate against males in favor of
females in determining disability caused by an industrial accident. The petition
was rejected because the remedial measure for the same cause was completed
under another statute. However, the Commission found that the "conduct of
treating female preferentially to male without a reasonable ground in
determining disability" constituted discriminatory conduct in violation of equal
rights, and thus issued a recommendation of rectification to the Ministry of
Labor to amend the relevant statutes. Accordingly, the Ministry of Labor put a
preliminary notification of legislation in order to amend the "Enforcement
Decree for the Industrial Accident Compensation Insurance Act."