NATIONAL HUMAN RIGHTS COMMISSION OF KOREA Submission to the Committee on the Rights of Persons with Disabilities – July 2022 Article 27 Work and Employment 28-1 Discrimination against persons with disabilities in work □ Current status and problems ㅇ Currently, 28 laws in Korea have disqualification provisions that limit the attainment of certificates and licenses by persons with psychosocial disabilities. Attainment of 6 certificates and license including operation of the postpartum care facility and aquatic rescue technician is fundamentally prohibited, and attainment of 18 certificates and licenses including dietitian and social workers are exceptionally allowed only when it is accepted that there is no problem in carrying out duties according to doctor’s diagnosis, etc. The remaining 4 certificates can also be restricted by the doctor’s diagnosis. ㅇ In April 2018, the Commission recommended to abolishing or easing such disqualification provisions to the government, which was not properly accepted as only the definition of the mentally disabled was reduced.31 This has to be addressed urgently because it could strengthen the social prejudice and severely limit the basic right to choose an occupation. □ Recommendations ㅇ Restricting the attainment of certificates and licenses could violate the freedom to choose an occupation, and thus 28 laws that restrict attainment of certificates and licenses by the mentally disabled should be comprehensively reviewed to abolish or ease the disqualification provisions concerned. 28-2 Exclusion from the minimum wage application □ Current status and problems ㅇ The number of workers with disabilities excluded from the application of minimum 45