National Human Rights Commission of Korea Annual Report 2021
Considering the various government incentives to encourage childbirth, such as parental leave,
maternal leave, and reduced work hours for childcare to address the society-wide trend to not have
children, the Commission concluded that, if the challenge of using parental time leave is more of
a structural problem rather than a temporary one, relief measures should be established so that the
challenge does not persist in the long term.
The Commission concluded that, if a person’s use of parental time leave is disapproved just
because he/she is a class teacher or in a special position, it is indicative of an environment in
which parental time leave is not effectively guaranteed. This, in turn, not only runs counter to the
government’s policy for balance in work and family life, but also represents a step backwards in
how the society perceives the right to raise children as a social right.
J. Opinion expressed on the bill to protect and support etc., platform
workers
On November 22, the Commission expressed opinion to the Chairman of the National
Assembly on certain revisions and refinements that it deemed necessary for the bill to protect and
support etc., platform workers.
Because the bill stipulates that it would first apply to all platform workers, platform workers
who are actually workers could be misclassified as ‘persons other than workers.’ To address this
problem, and in consideration of how labor is now offered through platform algorithms and of
the asymmetry of information, the Commission saw a need to presume “platform workers, in the
limited sense of the word, who provide labor through online platforms that affect work assignment,
etc.” to be workers under the National Labor Relations Act, and clearly stipulate in the bill that the
burden of proof to the contrary lies with platform operators. Also, because platform business is
operated by a network of businesses, a provision is necessary that calls for the joint responsibility
of not just platform operators and businesses using platforms but also those who could infringe
upon the rights of platform workers by imposing unfavorable actions against them or who are
in a position to effectively affect or dictate their working conditions. To enable platform workers
to improve their working conditions through organized activities using collective power, the bill
needs to clearly stipulate the right to organize, the right to bargain collectively, and other collective
rights stipulated in the ILO Convention No. 87 concerning freedom of association and protection
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