Feb 24 • 03:09 UTC 🇰🇷 Korea Hankyoreh (KR)

Only Public Employees Granted Paid Childcare Leave, Human Rights Commission Identifies Discrimination

The National Human Rights Commission of Korea has ruled that applying unpaid childcare leave solely to public workers, while offering paid leave to civil servants, constitutes discrimination.

The National Human Rights Commission of Korea (NHRCK) recently determined that applying unpaid childcare leave exclusively to public workers is discriminatory compared to the paid leave offered to civil servants. On June 6, the NHRCK concluded that the practice of providing unpaid childcare leave for public workers at the National Gwacheon Science Museum, while granting civil servants some paid leave, amounted to discrimination. The commission has urged the head of the museum to rectify this policy. A complaint was filed by an individual claiming that the museum's differentiation in leave policies was unjust, prompting the NHRCK's investigation into the matter.

The National Gwacheon Science Museum defended their policy by stating that the decision to apply unpaid leave to public workers falls within the discretion of the institution and that an agreement between labor and management had already been established. They argued that this approach did not violate the Gender Equality in Employment Act. However, the NHRCK noted that public workers are guaranteed paid childcare leave proportional to the number of children, in stark contrast to public workers at the museum who do not have any paid leave despite recognizing the necessity or urgency of childcare. This discrepancy led the commission to label their policies as discriminatory.

Moreover, the NHRCK argued that transitioning to paid childcare leave would not incur additional financial burdens, as it could be managed within the existing annual salary budget without surplus losses. This means that the museum can maintain its financial structure while complying with constitutional principles of equality and improving their employment practices in line with the Gender Equality in Employment Act. The NHRCK's decision emphasizes the necessity for state agencies to uphold the principle of equality and amend practices that inhibit work-life balance for employees, especially women, in accordance with legal and ethical standards.

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