1)
Unlike the NHRCK, the NHRC is not authorized to make
decisions in lieu of conciliation to mandate the cessation of
discriminatory practices by private sectors.
a. The NHRCK’s response to the Korean cabin crew union’s
complaint regarding female cabin crew dress codes:
Asiana Airlines is the second largest airline company in South Korea
and, prior to March 2013, the only airline in the country that required
female cabin crew to wear skirts.
In 2012, the NHRCK accepted a complaint filed by the Korean cabin
crew union representatives regarding female cabin crew dress codes. In
addition to hearing statements from the complainants and respondents, the
NHRCK conducted a human rights analysis based on data collected in
public hearings in order to forge alternative solutions. The NHRCK hoped
to initiate a public human rights dialogue through these public hearings,
which were attended by representatives from the Ministry of Gender
Equality and Family and scholars of law, gender studies, and economics.
In addition to looking into the cabin crew dress code, the NHRCK
conducted a systematic review of dress codes adopted by department stores,
financial institutions, dining establishments, and other service industries.2
The NHRCK issued a resolution in January 2013 ruling that Asiana
Airlines’ “skirts only” dress code constituted “discrimination against
female cabin crew without just cause” and, pursuant to Article 44,
Paragraph 1, Subparagraph 1 of the National Human Rights Commission
of Korea Act, advised the company to provide a trouser uniform
alternative. 3 In March of the same year, Asiana Airlines accepted
NHRCK’s recommendation and introduced a trouser uniform for its female
cabin crew.
2
NHRCK press release (November 5, 2012). Female Cabin crew Dress Code and
Appearance Requirements: A Human Rights Perspective.
3
NHRCK (November 16, 2013). Resolution on the Complaint Filed by Union
Representatives Regarding Female Cabin crew Dress Codes (Case No. 12 Appeal
0415100).
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