in this regard, the international organizations have reiterated their views that the Korean legal systems
concerning the establishment and recognition of trade unions are not in compliance with the relevant
international standards, calling for improvements in those systems. Please specify the Government’s plan to
implement the international organizations’ recommendations. In addition, please specify the reason why the
ratification of ILO Conventions Nos. 87 and 98 is being delayed, the Government’s official position on the
ratification of the Conventions and its plan to ratify those Conventions.
69.
The CESCR welcomes that the Supreme Court and the Constitutional Court in Korea have shown a
significant change in their positions about the cases where workers were indicted on charges of obstruction
of business due to their participation in strikes (industrial actions). However, this change alone does not
regulate the prosecution itself or prevent employers from making complaints on industrial actions, but simply
means that it is less likely that strikers may be found guilty. Moreover, it is reported that the situations
concerning the civil proceedings initiated by companies over industrial actions remain unchanged. The
CESCR expects that the Government will have a full understanding about the values of industrial actions as
part of the fundamental rights under the Constitution of the State Party and the international standards. Please
provide detailed statistical data on the numbers of employers’ complaints and civil lawsuits filed over
industrial actions since 2010, the number of criminal prosecutions and the number of the cases where the
courts found the workers concerned guilty, and give detailed explanations on the tendencies of court rulings
after the aforementioned decision of the Supreme Court and the Government’s views in this regard.
70.
As in August 2016, there was a large gap between the unionization rates of regular workers (16.5%)
and non-regular workers (2.6%). This gap seems to indicate that protection of the three basic labour rights,
which are constitutional rights themselves, is weak, particularly among non-regular workers. It appears that
the Government needs to take actions to protect these constitutional rights so long as such actions do not
undermine the principle of voluntary labour-management relationship. Please give a detailed explanation on
the Government’s view about the need to work out institutional measures to protect three basic labour rights
of non-regular workers.
Issue 13: Inequality in Education and Excessive Academic Competition
Current status
71.
In Korea, since it is customary to discriminate people on the ground of their educational attainments
and rank people based on their schools/universities, those who have graduated from better
schools/universities have more chances to get better jobs. Amid the fierce academic competition, especially
for admissions to better high schools and universities, there exists an enormous market for private education.
This private education market is where education inequality is created between the children in high-income
families who can afford to receive private education and those in low-income families who cannot afford to.
This inequality leads to a vicious circle, in that the children in low-income families are later forced to work
in non-regular, low-paying and low-quality jobs in this highly dualized labour market with regular and nonregular workers. Since 2011, private education participation rate decreased (from 71.7% in 2011 to 68.8% in
2015) while monthly expenditure for private education per student increased from KRW 335,000 in 2011 to
KRW 355,000 in 2015. This means that a growing number of students cannot afford to receive any private
education whereas the students who can afford to receive private education spend more on private education.
72.
Furthermore, monthly expenditure on private education per student was KRW 420,000 among the
families with average monthly income of KRW 7 million or more, but was KRW 66,000 among the families
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