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Republic of Korea - Sixth periodic report of States parties [2007] UNCEDAWSPR 3; CEDAW/C/KOR/6 (5 March 2007)

Committee on the Elimination of Discrimination

against Women

Consideration of report submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Sixth periodic report of States parties

Republic of Korea*

* The present report is being issued without formal editing.

For the initial report of the Republic of Korea, see CEDAW/C/5/Add.35 which was considered by the Committee at its sixth session. For the second periodic report, see CEDAW/C/13/Add.28 which was considered by the Committee at its twelfth session. For the third periodic report, see CEDAW/C/KOR/3 which was considered by the Committee at its nineteenth session. For the fourth periodic report, see CEDAW/C/KOR/4 which was considered by the Committee at its nineteenth session. For the fifth periodic report, see CEDAW/C/KOR/5.

Sixth Periodic Report under Article 18 of the Convention

on the Elimination of All Forms of Discrimination

against Women

Republic of Korea

July 2006

Contents

Introduction

This Report reviews and summarizes the main policies for realizing gender equality and their achievements in the Republic of Korea during 2002-2005. The focus was on introducing gender mainstreaming into policy-making and expanding gender analysis of policies and gender-budgeting. These efforts have significantly enhanced gender sensitive awareness in the policy-making and implementation process, and have improved representation of women in politics and other sectors of society. A number of legislations have been reviewed and amended for the advancement of women, while consistent efforts to systematically compile women-related statistics have been made.

The Republic of Korea ratified the Convention on the Elimination of All Forms of Discrimination against Women in 1984. At the time of accession, Korea held reservation against implementation of Article 9 and the Clauses c, d, f, and g of Article 16. As of July 2006, all reservations have been lifted except for the Clause g of Article 16 on the right to choose a family name.

The Ministry of Gender Equality and Family, the main authority in charge of women’s policies, and other relevant government bodies took part in the drafting of this Report. Input from women’s organizations was also sought in its finalization.

The Ministry of Gender Equality was reorganized into the Ministry of Gender Equality and Family in June 2005. Thus, in the Report, programs and projects that began prior to the launch of the Ministry of Gender Equality and Family are indicated to have been initiated by the Ministry of Gender Equality.

Article 1

1.1. Definition of Discrimination

The National Human Rights Commission judges “discriminative acts” as a violation of a person’s right to equal treatment. According to the Equal Employment Act, discriminative acts regarding employment are defined as special treatment, exclusion, distinction, and unfavorable treatment of a person in employment (relating to recruitment, hiring, education, post-assignment, promotion, wage and other financial compensation, capital loan, retirement and dismissal) based on the grounds of gender, religion, disability, age, social status, hometown, nationality, citizenship, physical condition, marital status, pregnancy and childbirth, family background, race, skin color, political opinion, expired criminal record, sexual orientation, and health record.

1.2. Detailed Specification of Indirect Discrimination

The Equal Employment Act of 1987 refers to “discrimination” in employment as implementation of different recruitment or employment conditions or other disadvantageous policies without reasonable grounds on the basis of gender, marital status, social status, and pregnancy. The Act includes indirect discrimination as a form of discrimination. For example, the conditions that an employer sets for recruitment or employment may be easier for one gender group to satisfy, and thereby results in putting the other gender at a disadvantage. If fairness cannot be proven in such cases, then they are considered to be discrimination. An amendment to the Equal Employment Act ratified at the Cabinet meeting in October 2005 requires businesses with low women employment records to set an employment target for women. The measure reflects the government’s determination to eliminate employment-related indirect discrimination. (Article 11.2)

Article 2

The following is a summary of the enactments and amendments of legislations related to women during 2002-2005.

2.1. Newly Enacted Legislations

2.1.1. Act on Support for Women in Science and Technology

The Act on Support for Women in Science and Technology was legislated in December 2002 with an aim to promote the education, training, and fostering of women scientists and engineers. It requires the heads of central and local governments to prepare a basic plan to support and foster women scientists and engineers and to implement affirmative action by prescribing a target ratio for women’s employment in the science and technology sector. It also requires the appointment of women science and technology officers to public offices as a means to promote employment and improve women’s social status. (Article 4.5)

2.1.2. Framework Act on Healthy Family

The Framework Act on Healthy Family went into effect in January 2005, with a view to establishing a comprehensive family-oriented welfare system. (Article 3.3 and 12.4)

2.1.3. Act on Public Lavatories

The Act on Public Lavatories that went into effect in July 2004 mandates the reflection of the biological differences and the differences in the hours of lavatory use between men and women, in building public lavatories. The Act specifies that the number of toilets in a women’s restroom should be at least the sum of the urinals and toilets in a men’s restroom.

2.1.4. Legislations to Stem Prostitution

The Act on the Prevention of Prostitution and Protection of Victims, which went into effect in September 2004, is aimed at stemming prostitution, protecting the victims of forced prostitution, and assisting former prostitutes in rehabilitation. It has resulted in improved support facilities with medical assistance, vocational training, and legal assistance. (Article 6)

The Act on the Punishment of Procuring Prostitution and Associated Acts, which went into effect in September 2004, aims to prevent prostitution and eliminate the link between the demand and supply in sex trafficking by strengthening punitive measures on various sex-related crimes such as human trafficking, forced prostitution, and solicitation. (Article 6)

2.1.5. Act on Life Ethics and Safety

The Act on Life Ethics and Safety went into effect in January 2005 to provide a legal framework within which life science technologies can be developed and utilized to cure and prevent various diseases and illnesses.

The Act prohibits the implantation of cloned somatic cell embryo on the uterine wall for the purpose of human cloning as well as the sale of sperms and eggs for purposes other than pregnancy and childbirth.

2.1.6. Special Act on Improving Quality of Life in Rural Areas and Promoting Rural Development

Legislated in March 2005, the Special Act on Improving Quality of Life in Rural Areas and Promoting Rural Development requires the central and local governments to extend active support to mothers in rural areas such as farming and fishing villages. (Article 14.4)

2.1.7. Framework Act on Low Birth Rate and Aging Population

In May 2005, the government legislated the Framework Act on Low Birth Rate and Aging Population, and launched the Committee on Low Birth Rate and Aging Population, with an aim to actively respond to social challenges stemming from low birth rate and population aging. The Act aims to foster a workplace environment that embraces the needs of workers in terms of pregnancy, childbirth, childcare, and education and to strengthen government assistance in childbirth and childcare so as to lessen the economic burden on families. (Article 12.4)

2.2. Amended Legislations

2.2.1. Civil Servants Act

Amended in January 2002, the Civil Servants Act enables women in public service to take maternity leaves during pregnancy, childbirth, and care of children three-years-old or younger. It adjusted the duration of the leave to a maximum of one year per one child, and counts the entire time of the leave into the period of active service. (Article 11.4)

2.2.2. Women’s Development Act

The Women’s Development Act was amended in December 2002 to establish the Women’s Policy Coordination Committee under the Prime Minister’s office to effectively promote gender equality policies. The amendment requires each Ministry to designate a women’s policy officer tasked to identify areas for improvements in laws and regulations. (Article 3)

2.2.3. Amendment of Legislations on Employment

The amendment to the Labor Standard Act of September 2003 reduced the number of legal working hours from 44 to 40 and adjusted vacation regulations in line with international standards. Women’s monthly menstruation leave, previously a paid day of absence, became unpaid.

The amendment to the Military Personnel Act of January 2004 enables women public officers to take maternity leaves during pregnancy, childbirth, and care of children three-years-old or younger. (Article 11.4)

In addition, the January 2005 amendment to the Basic Law on Employment Policy bars the use of “marriage or pregnancy” as grounds for differential treatment. Accordingly, inclusion of questions regarding gender, marital and pregnancy status in all employment-related documents is prohibited, so long as they are not directly related to the job in hand.

2.2.4. Act on Life Security Support for the Women Drafted for Military Sexual Slavery by Japan

In December 2002, the Act on Life Security Support for the Women Drafted for Military Sexual Slavery by Japan was expanded into the Act on Life Security Support for the Women Drafted for Military Sexual Slavery by Japan and Memorial Projects. While the previous law focused mainly on providing life security support to former “comfort women”, the amended law also aims to uncover the historical truth and to teach the lessons regarding the comfort women during the period of Japanese colonization in schools. It provides for the collection, investigation, research, preservation, exhibition of historical materials and memorial projects.

2.2.5. Act on Punishment of Sexual Violence and Protection of Victims

The December 2003 amendment to the Act on Punishment of Sexual Violence and Protection of Victims provides for the video-taping and preservation of the statements of victims in the investigation process, if the victims are either less than 13 years of age or disabled. The videotaped statement can be adopted as evidence. The questioning of victims of certain types of sexual violence such as rape and sexual harassment can be conducted via video conferencing.

2.2.6. Legislations on Domestic Violence

Under the previous Special Act on Punishment of Domestic Violence, prosecutors had the authority to file for a restraining order against the offender but had no power to enforce it. The Act was amended in December 2002 to allow prosecutors to file for temporary detention of violators to provide the victim with sufficient protection. (Article 6.5)

Amended in January 2004, the Act on the Prevention of Domestic Violence and Protection of Victims re-delegated the task of running family violence consultation centre and victims protection facilities from city mayors and county governors to heads of municipal bodies. At the same time, the amendment strengthened the medical and protection program for victims. Specifically, if the offender is a recipient of the national basic livelihood security system and unable to bear the medical expenses of the victim, the central government or the local governing body steps in to take care of the cost. (Article 6.6)

2.2.7. Mother and Child Welfare Act

In December 2002, the Mother and Child Welfare Act was changed to the Single Parent Family Welfare Act. The amendment made families led by a single parent eligible for economic and social subsidies. (Article 13.5)

2.2.8. Public Education Staff Act

The amendment to the Public Education Staff Act in July 2003 laid the legal ground for affirmative action in employing women professors. The amendment requires colleges and universities to include a certain proportion of women in personnel management committees that hire new teaching staff. Moreover, national and public universities are now required to lay out an employment plan for women professors not only for new recruitment but also for change of post, transfer, and promotion. (Article 4.3)

2.2.9. Value Added Tax Act

The Value Added Tax Act was amended in January 2004 to exempt feminine hygiene products from value-added tax. (Article 13.6)

2.2.10. Act on Establishment of Short-Term Military Academy

The Act on Establishment of Short-Term Military Academy was amended to grant women opportunities to enter the present Korea Third Military Academy. Amended in 2004, the Act on Establishment of Armed Forces Nursing Academy expanded the scope of applicant eligibility from single women to single men and women.

2.2.11. Infant Care Act

The Infant Care Act was amended twice. The first amendment of January 2004 introduced new parent-sponsored childcare facilities in addition to private childcare facilities, the Government Certification System for Childcare Professionals (class 1-3), and more rigid regulations on installing and managing childcare facilities. The second amendment of December 2004 included rural areas for installing childcare facilities and recruiting childcare professionals. (Article 11.6)

2.3. Reorganization of the Gender Discrimination Relief Machinery

Established in 2001, the National Human Rights Commission overlapped in some areas of its work with the Committee on Gender Equality Promotion under the Ministry of Gender Equality under the Gender Discrimination Prevention and Relief Act. Accordingly, the Gender Discrimination Prevention and Relief Act was abolished in June 2005, and the task of finding relief in concrete cases of gender discrimination such as sexual harassment was assigned to the National Human Rights Commission, enabling more effective and coordinated response to various types of discrimination. Article 5 of the National Human Rights Commission Act prescribes that four or more out of the eleven members of the National Human Rights Commission be women. There were four women commissioners as of December 2005. Since its establishment in January 2001, the Commission has processed a total of 4,567 discrimination cases as of December 2005. Among them were 108 gender discrimination cases, 43 sexual harassment cases, 12 discrimination cases based on sexual orientation, and 45 discrimination cases based on appearance and other physical attributes.

Article 3

3.1. Introduction of Gender-Mainstreaming into Policymaking

The Second Basic Plan for Women’s Policies (2003-2007) aims to realize a gender-equal society through “policies that induce changes in men’s perception and attitudes as well as transformation in social relationship between men and women. The Plan specifically identifies gender-mainstreaming as the key strategy in women’s policies. One of the ten major tasks is “incorporation of gender perspectives into government policies,” which includes laying the groundwork for the expansion of organizations for women’s policies, introducing gender-sensitive budgeting, and setting the foundation for gender analysis of policy. Moreover, establishing partnership among the national and local governments, women’s organizations, and expert groups has been pursued under the plan.

The ten major tasks outlined in the Second Basic Plan for Women’s Policies are: 1) incorporating gender perspectives into government policies, 2) improving women’s representation in the decision-making process, 3) developing and making the best use of human resources in women, 4) promoting gender equality in employment and women’s participation in economic activities, 5) encouraging women’s involvement in the social and cultural sectors, 6) expanding women’s contribution to peace, unification of Korea, and international cooperation, 7) improving women’s health and welfare, 8) preventing violence against women and protecting women’s human rights, 9) shaping family policies that uphold the principle of gender equality, 10) raising public-awareness on gender equality.

3.2. Introduction of Gender-Impact Policy Analysis

The amendment of the Women’s Development Act in 2002 provided a legal basis for gender-impact policy analysis, setting the ground for gender-sensitive policymaking and budget planning. Under the amended Act, national and local governments are required to incorporate gender-impact analysis into the policymaking and implementation process and to report its outcome to the Minister of Gender Equality (now the Minister of Gender Equality and Family). Guidelines were drafted, and pilot projects were run for ten major policies of nine government agencies in 2004. The gender-impact analysis was extended to all government bodies in 2005; 55 out of 57 relevant government bodies were conducting gender-impact analysis on 80 tasks as of December 2005. Each government body has designated a division responsible for the analysis, and the Ministry of Gender Equality and Family provides relevant training and workshop sessions for officials charged with the task.

There are two types of gender-impact policy analysis: an internal analysis done by officials in charge of the given policy and an in-depth analysis conducted by outside experts. The latter is designed for policies with significant social effect, and is currently run on eight tasks of seven agencies. The results of the analyses from 2005 were compiled at the year-end for comprehensive assessment and best practice cases were identified. They were incorporated into the 2006 budget planning to facilitate the institutionalization of gender-impact policy analysis. Gender-impact analysis was also made a standard for the “Policy Quality Control” assessment.

3.3. Strengthening Government Coordination for Women’s Policies

Following the amendment of the Women’s Development Act in 2002, the Women’s Policy Coordination Committee was founded as an institutional framework for reviewing and coordinating women-related government’s programs and policies in 2003. The Committee is chaired by the Prime Minister and composed of heads of relevant ministries.

In addition, since 2003, deputy ministerial-level officials have been named senior gender policy coordinators in 45 national administrative organizations. The coordinators are given the task of overseeing the implementation of the Basic Plan for Women’s Policies, the gender-impact policy analysis, and the improvement of the status of women staff within their organizations. These coordinators, together with the Women’s Policy Managers introduced in six ministries in 1998, contribute to the mainstreaming of gender perspectives into government policies.

The Ministry of Gender Equality was reorganized as the Ministry of Gender Equality and Family in June 2005 with a new mandate in family policies. The MOGEF assumed the task of implementing the Framework Act on Healthy Family and the Single Parent Family Welfare Act, which had previously been the responsibility of the Ministry of Health and Welfare. Childcare policies were reassigned to the Ministry of Gender Equality and Family. The childcare budget was set to 405 billion Korean Won (equivalent to USD 405 million) in 2004, 600.1 billion KRW in 2005, 791 billion KRW in 2006, marking a 95.3 per cent increase over the past three years.

To better serve these new functions, the Ministry reorganized and expanded its structure by establishing the Family Policy Bureau and the Childcare Budget Team.

In March 2002, the Special Committee on Women of the National Assembly became a standing committee as the Women’s Affairs Committee. Unlike the Special Committee, the Women’s Affairs Committee has the right to make legislative proposals and to vote on legislations related to the Ministry of Gender Equality and Family. It also oversees the Ministry’s budget and accounts, as well as the management of the Women’s Development Fund. The Committee also conducts annual audit of the Ministry.

The Korean Institute for Gender Equality Promotion and Education was founded in 2003 as a specialized educational institution to promote the culture of gender equality.

3.4. Gender Budget Analysis

The concept of gender budget analysis was first introduced in 2000 by the Korea Women’s Associations United, which analyzes women-related budget items in government spending. It also proposes new and expanded financing plans for the Ministry of Gender Equality and Family as well as women-related programs of other government offices.

The concept of “Support for Expansion of Women’s Social Participation” was first introduced as a guideline for government resource allocation in the 2003 Budget Planning Guidelines. The 2004, 2005 and 2006 guidelines respectively introduced the following concepts: “vitalizing women’s social participation through measures such as expansion of childcare service,” “specifying childcare support as one of the major areas for resource allocation,” and “requesting a budget for important projects in consideration of the outcomes of their gender-impact analysis.”

The Ministry of Gender Equality (and Family) studied the tools and processes for gender budget analysis in 2003. It also analyzed the budgets of the Ministry of Education and Human Resources Development, the Ministry of Health and Welfare, the Ministry of Labor, and the Ministry of Agriculture and Forestry from gender perspectives. Furthermore, it has been analyzing women-related budgets of the national administrative agencies and the details and changes in the scale of the budget since 2001 and publishing its outcome in the Gender Equality White Paper.

3.5. Gender-disaggregated Statistics

With regard to the production of gender-disaggregated statistics, the Women’s Development Act in 2002 newly prescribed, “Gender must be included as a main unit in analyses in the generating of statistics by the national and local governments.” Accordingly, the government has put forward efforts to study the status of gender-disaggregated statistics and to promote production of gender-disaggregated statistics.

In 2004, the Ministry of Gender Equality conducted a research project on innovative strategies on gender-disaggregated statistics. The project identified availability of statistics on family, violence against women, home economics and welfare, and proposed measures for improvement.

Article 4

4.1. Quota for Women Candidates for the National Assembly and Regional Councils

The amendments to the Political Parties Act of March 2002 and March 2004 increased the quota for women nominees on the political parties’ proportional representation lists for the National Assembly to 50 per cent. It is also recommended that 30 per cent or more of candidates for the National Assembly from local constituencies and for regional councils, i.e., metropolitan city and provincial councils, be women. Political parties must uphold this recommendation to be eligible for subsidies. (Article 7.1) At the 17^th National Assembly elections in April 2004, thirty-nine women - twenty-nine from proportional representation and ten from local constituencies - were elected, accounting for 13 per cent of the newly elected membership. This is a significant increase from 5.9 per cent of the 16th National Assembly. (Article 7.2)

4.2. Gender Equality Employment Initiative in Public Service

Upon the termination of the Women’s Employment Initiative in 2002, the government introduced the Gender Equality Employment Initiative to improve gender equality in employment in public service. The new system will be in effect until 2007. Under the initiative, when the composition of a gender group falls below 30 per cent of the number of new recruits, additional candidates of the gender group are accepted whose scores fall within the acceptance limit. The system raised the average ratio of women in new recruitment in public service to 39.3 per cent in 2003 and 40.1 per cent in 2004.

4.3. Employment Target for Women Professors

The employment target for women professors was introduced in June 2003 as part of the government’s National Human Resources Development Plan. At first, 200 additional posts were set aside for women professors at national universities. Subsequently, the amendment of the Public Education Staff Act in July 2003 required the national and local governments to take into consideration gender equality when hiring teaching staff at universities and colleges. Furthermore, national and public universities are now required to devise a gender-sensitive employment plan to achieve gender balance among their staff and submit it to the Minister of Education and Human Resources Development every three years. The Gender Equality Employment Committee for University Teaching Staff is currently in operation as an advisory group for the Minister of Education and Human Resources Development to evaluate the efforts of universities and colleges in increasing employment of women professors.

As a result, the proportion of women in the faculties of national and public universities has been increasing steadily from 8.8 per cent in 2001, to 9.1 per cent in 2002, 9.2 per cent in 2003, 9.97 per cent in 2004, and 10.7 per cent in 2005. (Table 4-1) Of the additional 200 posts reserved for women as stated above, 159 were filled as of September 2005. Seventy-two women professors were newly recruited in the field of natural science and technology, and thirty-seven in the field of social science. The percentage of women professors in these two areas of study previously accounted for less than 20 per cent of the total number of professors.

4.4. Increase of Women Managers at Elementary and Secondary Schools

Since 2001, a new system has been introduced to promote more women into the posts of principals and vice principals at elementary and secondary schools. This measure was introduced against the backdrop of only 10.6 per cent of the managers being women while women accounted for 28.5 per cent of educational workforce with teaching experience of at least 25 years. (Table 4-2) In the implementation, instead of imposing a single standard nationwide, the government allows schools to set their own annual targets and to adopt a phased approach, taking into consideration the different conditions of schools and regions. Achievements related to the employment of women managers are reflected in the evaluation of the school conducted by metropolitan and provincial offices for education every two years.

4.5. Recruitment Target for Women Scientists

The Recruitment Target for Women Scientists was introduced in 2001 to improve national capacity in science and technology by fostering high-quality women workforce. It was institutionalized by the Act on Supporting Women in Science and Technology in 2003. The target was set at 10 per cent for 2003 when the system was first introduced in 2001, but the figure was readjusted to 20 per cent for 2010 and 30 per cent as the end-target. The application of the measure was also expanded from 25 government-financed research institutions to 99 organizations in 2003, including national and public research institutions, public corporation’s research centers, and national and public universities and colleges.

Article 5

5.1. Raising Awareness and Promoting the Culture of Gender Equality

The establishment of the Korean Institute for Gender Equality Promotion and Education in March 2000 resulted in a specialized educational system for civil servants, teachers, employees of public corporations and government affiliated organizations, members of the National Assembly and local councils, government advisory committees, the military, police and women’s organizations. The Institute aims at providing programs for gender-sensitivity training and policy analysis. The Institute also began an online educational curricula for which 3, 575 people signed up in 2004.

The government has launched various activities to raise public-awareness on the importance of eliminating gender discrimination and promoting the culture of gender equality. It has been promoting publicity campaigns utilizing the whole spectrum of mass media including TV, radio, outdoor billboards, subway lobbies, magazines, and posters. The Annual Women’s Week (July 1-7) events and the Gender Equality Award are also important parts of the awareness raising efforts.

The government put much emphasis on monitoring gender discriminatory elements in media contents and advertisements, in cooperation with civic groups during 2001-2003. Results of the monitoring were notified to media companies and to the Korean Broadcasting Commission alongside recommendations for changes. The legal basis for eliminating gender discrimination in mass media was strengthened through the Women’s Development Act, Broadcasting Act, and the Regulations on Media Censorship. A “Media Writers’ Workshop” (2002) and a “PD Forum” (2003) were held to help the mass media strengthen its role in promoting the culture of gender equality. In 2004, the government also supported the production of programs with strong messages of gender equality.

The Ministry of Culture and Tourism founded the Cultural Policy Committee for Gender Equality in October 2005 with an aim to integrate gender perspectives into the arts, cultural industry, media, tourism, and sports policies. The Committee evaluates mid and long-term cultural policies for gender equality and makes policy recommendations.

5.2. Establishment of a Comprehensive Sexual Harassment Prevention System

The government has been pushing forward sexual harassment prevention measures centering on public institutions. Much emphasis has been put on institutional improvements so that sexual harassment prevention measures can be incorporated into all institutions and produce effective outcomes. The “Guidelines for Sexual Harassment Prevention in Pubic Institutions” formulated in 2001 were amended in 2002 to prescribe contents and methods of sexual harassment prevention education. It also makes it mandatory to establish a counseling office and procedure for grievance handling and to punish offenders. In 2003, a survey on gender discrimination and sexual harassment was conducted in 334 government-related organizations. The results set the basis for the “Detailed Guidelines for Sexual Harassment Prevention in Public Institutions” published in 2004. A similar survey was conducted in elementary, middle, and high schools in 2004 as well.

The 1999 Gender Discrimination Prevention and Relief Act was abolished in May 2005. However, by a Presidential decree, public institutions and government agencies must report their implementation of sexual harassment prevention education and sexual harassment prevention measures to the Minister of Gender Equality and Family by the end of February every year. (Table 5-2 and Table 5-3)

The institutional improvement to strengthen the effectiveness of sexual harassment prevention measures has born much fruit since 2003. In particular, most public institutions have designated sexual harassment counseling centers or counselors as required by the governmental guidelines, and the number of institutions developing their own sexual harassment prevention guidelines has increased.

Furthermore, the government began to develop the Comprehensive Management System for Sexual Harassment Prevention in 2005, with an aim to improve effectiveness of the evaluation on sexual harassment prevention efforts in public institutions and to systematically provide related educational materials. To address sexual harassment in the cyber space, the “Sexual Harassment Prevention Guidelines on Homepages of Public Institutions” were developed, and training for relevant webmasters was provided in 2004.

5.3. Promotion of Gender-Equality Family Culture

The Framework Act on Healthy Family, newly implemented in 2005, stipulates that the national and local governments should strive to promote democratic family culture and values based on gender equality and to achieve fair assessment of the value of domestic labor in order to foster a healthy family life. The Act also prescribes that each family member take part in running family life, including in income earning, children-raising and domestic labor. It mandates the government to provide broader family-support services and family life training and to take measures to promote family culture based on the notion of gender equality. In a 2004 survey, 91.9 per cent of adult women and 49.0 per cent of adult men answered that they were involved in daily household chores. Women’s involvement was 42.9 per cent higher than men’s. The daily average hours spent in household chores were also higher for women at 3 hours and 58 minutes in comparison to 1 hour and 11 minutes for men, marking a difference of 2 hours and 47 minutes. (Table 5-4)

The Ministry of Gender Equality and Family has administered the “Equality Education for Families” program for the newlyweds and brides and grooms to be since 2004. A total of 544 couples completed the program during the trial period between August and October 2004. A separate program for disabled and farming couples was given as well. Assessment from the education program in 2004 was taken into consideration in improving the program, in which a total of 250 couples took part between June and October 2005.

Article 6

6.1. Prevention of Prostitution

The government established the inter-ministerial “Task Force for the Elimination of Prostitution” under the Prime Minister’s leadership in June 2003 so as to address the root causes of prostitution. The work of the Task Force led to the legislation of the Act on the Punishment of Procuring Prostitution and Associated Acts, which strengthened punitive measures, and the Act on the Prevention of Prostitution and Protection of Victims, which prescribes victim protection and support. The Comprehensive Action Plan to Prevent Prostitution was introduced to implement the aforementioned legislations. The Action Plan prescribes various tasks of governmental bodies, including public campaigns on preventing prostitution and support for rehabilitation of former prostitutes and victims of forced prostitution. The Task Force was transformed into the “Task Force to Review the Implementation of the Comprehensive Action Plan to Prevent Prostitution,” in which 14 ministries participate to oversee the implementation of the Plan on a regular basis.

The two Acts were promulgated in March 2004 and went into effect the following September. They reflect the government’s determination to fully abolish prostitution based on the two pillars of stringent punishment for violators and protection for victims.

The Act on the Punishment of Procuring Prostitution and Associated Acts reaffirmed prostitution as illegal. The Act concerns not only the direct parties in the prostitution but also provides the grounds for punishing those in the middle who profit from the transaction. Furthermore, under the Act, victims of forced prostitution are granted immunity from criminal prosecution as having fallen prey to trafficking for the purpose of sexual exploitation. Voluntary Prostitutes are subject to different protective measures depending on the nature and motive of prostitution, such as denial of access to potential prostitution establishments, probation, community service, counseling, and therapy.

The government has been running the John School program for educating, rather than prosecuting first-time male offenders of prostitution since August 2005. The program is designed to help offenders realize the criminal nature of prostitution by giving lectures on negative effects of prostitution on society and family, and the purpose of introducing prostitution related laws.

6.2. Strengthening Protection and Support System for Victims of Forced Prostitution and Former Prostitutes

The Act on the Prevention of Prostitution and Protection of Victims made public education to prevent prostitution mandatory and also strengthened related legislations to facilitate provision of protection and rehabilitation support through counseling, facility installment, and medical and legal assistance for victims of forced prostitution and former prostitutes. (Table 6-1) The government allocated 3.9 billion Korean Won (equivalent to USD 3.9 million) from the Lottery Fund in 2004 to the Rescue/Support Project for Victims of Forced Prostitution that offered full services ranging from rescuing to rehabilitation.

The government required that all employees at Support Facilities for Victims of Forced Prostitution and Former Prostitutes (henceforth Support Facilities) and Counseling Centers for Victims of Forced Prostitution (henceforth Counseling Centers) undergo required hours of counseling training. A total of 165 persons had completed the educational courses by the end of August 2005 since its launch in November 2004.

The Support Facilities provided medical support to 5,856 people in 2004 and 4,185 people in the first half of 2005. They also processed 2,530 and 1,920 legal support cases in 2004 and the first half of 2005, respectively. 1,411 people (4,023 cases) had received vocational training support as of August 2005 since September 2003.

The government opened Counseling Centers, which had processed 77,912 counseling cases between 2002 and 2004 and provided 30,997 people with psychological therapy, facility referral, and legal and medical services. Moreover, it established rehabilitation support centers and ran community workshop programs to provide practical support for economic independence and rehabilitation of former prostitutes.

A pilot project was initiated specifically for women involved in prostitution at brothels in two areas (Busan and Incheon Metropolitan City) in November 2004 and expanded to additional nine areas in the second half of 2005. The project included the provision of minimum living expense, medical and legal assistance, and vocational training support for women who have strong will to detach themselves from the profession of prostitution. A total of 349 women had received counseling services in the abovementioned two trial areas by August 2005. The government provided emergency living expenses to 1,890 women, medical to 1,731 women, legal to 29 and vocational support to 424 women within one year.

If victims of forced prostitution and former prostitutes are prepared to start a new business upon completion of vocational training, they are provided with a loan of maximum of 30 million Korean Won (equivalent to USD 30,000). The loan is expected to be repaid in three years with a one-year grace period, free of interest payment. A total of 41 people had benefited from this system and opened 32 businesses since 2004, and 22 people were running 19 businesses as of September 2005.

Most victims of forced prostitution and former prostitutes have difficulties in finding new jobs due to credit delinquency. The government has collaborated with the Credit Counseling and Recovery Service to provide counseling service to those in need since 2005. Eighty-six persons were taken off the credit delinquent list, ninety-eight persons were granted extension of the repayment period, and 88 persons were exempted from paying interest.

The Group Home System was introduced in 2005 to provide temporary housing for former prostitutes and victims of forced prostitution after leaving the support facilities; Even after having acquired the certificates of qualification which help them to become independent, former prostitutes and victims of forced prostitution are likely to returning to prostitution when they fail to secure accommodation. Four Homes were in operation as of December 2005.

A separate clause in the abovementioned legislations on prostitution prevention addresses foreign women who have been lured to prostitution after entering Korea with the E-6 (arts and entertainment) visa. It delays deportation and makes the Support Facilities available to them. Two shelters for victims of forced prostitution from abroad have been run on trial-basis to provide counseling and support for voluntary return to home countries.

6.3. Prostitution Prevention Campaign and Research

The government proactively ran campaign activities by fully utilizing the mass media for the purpose of raising public-awareness on the illegality of prostitution in 2003 when the Task Force for the Elimination of Prostitution was launched. It established the Comprehensive Prostitution Prevention Campaign Plan in line with the newly enacted legislations on prostitution prevention in 2004. National surveys were conducted, guidebooks and leaflets on the legislations on prostitution prevention were distributed, and policy materials were made available to opinion leaders. Moreover, the government publicized the new legislations and related policies by producing and distributing campaign leaflets and collections of the cases of victims’ rehabilitation. In 2005, it also ran the “White Tie Campaign,” which is an anti-prostitution campaign targeting men in their 20s and 30s. It was the first time that a government agency adopted a teaser advertisement method to attract public attention, in addition to running a website (www.whitetie.co.kr) to appeal to the young generation.

A number of research studies have been commissioned by the government, and the outcome has been used as basic reference for policymaking. They include “Study of Support Program for Victim’s Rehabilitation (2002)”, “Nation-wide Survey on the Sex-Related Industries and Prostitution (2002)”, and “Research of Prostitution by Foreign Women (2003)”.

6.4. Human Rights Protection for Victims of Forced Prostitution during Investigation and Crackdowns of Sex Trafficking

The National Police Agency has placed 356 women officers among the total of 534 officers (66.7 per cent) at 128 police stations with jurisdiction over brothel concentrated and night life areas. This policy aims to better protect human rights of victims of forced prostitution in investigation and inspection process. The Women’s Counseling Booths at police stations were reorganized into Counseling and Investigation Center for Victims of Forced Prostitution. The Emergency Support Center for Victims of Forced Prostitution was established to process both emergency rescue calls and hotline crime reports in an effective manner around the clock. The Emergency Support Center Hotline was launched on the number 117. In addition, a Prostitution Investigation Team was created in regional police agency offices.

The National Police Agency has run stringent inspection against prostitution-related crimes since the promulgation of the legislations on prostitution prevention. Arrested over the period of one year, were 16,260 persons - 11,474 men and 4,786 women. This figure marked a 34.2 per cent increase of male violator arrests and a 12.2 per cent decrease of female violator arrests, compared with the previous year. Active efforts made by the National Police Agency discouraged organized prostitution while improving the nation-wide public-awareness on the illegality of prostitution.

6.5. Enhanced Protection against Sexual and Domestic Violence

The government has undertaken more stringent prevention and arrest works through frequent patrol and inspection of residential areas and lodging businesses during the night time and early morning hours to effectively respond to sexual violence crimes such as rape.

Sexual violence crimes increased by 7.6 per cent to reach 11,223 in 2004, compared with the year of 2003. (Table 6-2)

Enhanced law enforcement on domestic violence and improved public-awareness on the illegality of domestic violence contributed to the lowering of the level of domestic violence crime arrests by 14.4 per cent to record 15,208 in 2004. 18.8 per cent of the arrests were processed as family protection cases to better facilitate family re-building. (Table 6-3)

The December 2002 amendment to the Special Act on Punishment of Domestic Violence changed the objective of the Act from “promoting the recovery of peace and stability in families and fostering healthy family” to “fostering healthy family and protecting human rights of victims of domestic violence and family members”. This change is calling for heightened concern for protecting human rights of victims of domestic violence rather than simply focusing on rebuilding families. The amendment also strengthened measures that public prosecutors can take to prevent recurrence of domestic violence. (Article 2.2.6)

6.6. International Cooperation to Prevent Human Trafficking

The government of the Republic of Korea contributed to strengthening the regional network and international cooperation for preventing human trafficking through the participation in international conferences including the Regional Ministerial Conference on People Smuggling, Trafficking in Persons, and Related Transnational Crime in Bali, and the Asia-Europe Meeting Seminar on Preventing Trafficking in Women and Children. Furthermore, the Ministry of Gender Equality (and Family) and the Ministry of Justice have hosted three Expert Group Meetings on International Trafficking since 2003. The meeting addressed the issues of Prevention of Trafficking (2003), Victim Protection (2004), and Criminal Prosecution (2005), and participants discussed measures for strengthening inter-governmental cooperation and effectively responding to the human trafficking problem.

Article 7

7.1. Amendment of Laws to Increase Women’s Participation in Politics

Politics related laws have been significantly amended to increase women’s participation in politics since 2002. Under the March 2002 amendment to the Political Parties Act, women must account for over 50 per cent of proportional representation candidates for regional councils, i.e., metropolitan city/ provincial councils with prescription that there should be at least one woman candidate for every two candidates on the nominee list. Political parties are also required to make efforts to ensure that women make up at least 30 per cent of nominated candidates for local constituencies in regular National Assembly and regional council elections. The 2004 amendment to the Act added that women should make up over 50 per cent of the candidates for proportional representation of the National Assembly.

Under the March 2002 amendment to the Act on Elections for Public Offices and Prevention of Electoral Malpractices, registration of a candidate list that does not fulfill the women candidate nomination ratio and related regulations is not accepted in regional council elections.

The amendment to the Political Fund Act of March 2004 specifies that subsidies will be given to parties in compliance with the public nomination ratio of 30 per cent for female candidate in local constituencies as prescribed in the Political Parties Act. The amendment also states that parties should spend at least 10 per cent of the government subsidy on promoting women’s participation in politics. As a result, political parties have made visible improvement in supporting women’s participation in politics, including the opening of leadership center for women.

7.2. Improved Representation of Women in Politics

Women’s presence in the National Assembly has increased considerably. There were 16 (5.9 per cent) in the 16th session (2000-2004), and the number increased to 41 (13.7 per cent) in the 17th session (2004-2008). Thirty-nine women (13.0 per cent) were elected to the 17^th Session, and later two women became proportional representatives, marking a total of 41 women members in the National Assembly. This increase is mainly due to the abovementioned amendment to the Political Parties Act. (Table 7-1)

At the third local elections held in 2002, women accounted for an average of 3.1 per cent (48) in regional councils and 1.9 per cent (140) in city/county/district councils. No women ran in metropolitan city-mayor and provincial governor elections, but eight women ran in municipal elections, of whom two were elected. In regional councils, 11 women (1.8 per cent) were elected from local constituencies and 55 (75.3 per cent) women were elected as proportional representatives, marking a total of 66 (9.6 per cent) female members. Women accounted for mere 2.2 per cent (79 posts) in city/county/district council elections. (Table 7-2)

7.3. Increased Women’s Participation in Government Advisory Committees

There were a total of 1,346 advisory committees for the ministries as of the end of 2004. Among 17,470 committee members (excluding the post-based members), 5,617 (32.2 per cent) were women. This gender ratio met the target of 32 per cent specified in the Second Basic Plan for Women’s Policies, showing that the policy to increase women’s participation in government advisory committees bore some fruitful results. (Table 7-3 and Table 7-4)

7.4. Improved Representation of Women in High-Ranking Government Offices

At the time of inauguration in February 2003, the current administration named four women ministers to head the following: Ministry of Justice, Ministry of Health and Welfare, Ministry of Environment, Ministry of Gender Equality. However, as of August 2005, there were only two (11.1 per cent) women ministers, the Minister of Gender Equality and Family and the Minister of Legislation. Nevertheless, it is worth noting that there have been five women vice minister-level officers within the current administration, including the Vice Minister of Environment and the Commissioner of the Korea Food and Drug Administration, in contrast to only one vice-minister in the previous administration. (Refer to the Table 7-5)

Despite a steady increase in the number of women public officers, only few of them are working at the managerial-level. To increase the ratio of women public officers at the managerial-level to 10 per cent, the Five-Year Plan for Employment of Women Managerial-Level Public Officers was established in 2002. The Plan recommends government agencies to name one or more women Director-Generals and/or Directors. As a result, managerial-level women officials in the national and local governments increased to 7.4 per cent and 5.9 per cent respectively, up from the year 2001’s figure of 4.8 per cent in the national and local governments combined. Nevertheless, the target ratio of 10 per cent has not yet been met. (Table 7-6 and Table 7-7)

7.5. Increase of Women in High-ranking Military Officers

In September 2005, the Ministry of Defense presented the Military Reform Plan to gradually increase women ratio of high-ranking military officers from 3 per cent (2005) to 5-7 per cent by 2020. A plan encouraging women’s participation in the armed force has been in force since February 2000, the new Reform Plan spells out detailed ways to increase the number of women military officers at higher ranks. The number of high-ranking women military officers is expected to reach 11,400 by 2020. This measure stirred debate over counter-discrimination in that while military service is entirely an occupational choice for women, it is a duty for men. The Ministry of Defense explained that the plan took into consideration the consistent decrease in the number of men in the armed force and the need to provide women with more opportunities for social participation.

Article 8

8.1. Composition of Government Delegations to International Conferences

There is no gender discrimination in the composition of government delegation to international conferences. The number of women public officers in government delegation is on the rise, with increased participation of women in public services and the inclusion of gender-related issues in the agenda of international meetings.

8.2. Participation in International Organizations

Approximately a quarter of 240 Korean employees currently working in international organizations such as the United Nations Secretariat are women. Candidates for the Junior Professional Officer program designed to facilitate Korean nationals to begin a career in international organizations are mostly women. In addition, the Ministry of Gender Equality (and Family) has run an internship program for women graduate students; around 15 interns are selected annually and are given opportunities to participate in international conferences and internship programs operated by international organizations.

8.3. Improved Women Participation in Foreign Service

Women accounted for 9 per cent of 1,235 foreign service officers in the 5^th rank and above positions at the Ministry of Foreign Affairs and Trade as of December 2004. The figure marked a 3.6 per cent growth from 5.4 per cent in 2001. Women have accounted for 35 per cent of those who passed the Diplomatic Civil Officer’s Examination since 2001. (Table 8-1)

Article 9

No change has incurred on the Article 9 since the Fifth Periodic Report.

Article 10

10.1. Gender Equality Education

Gender equality education has developed in accordance with implementation of the Seventh Educational Curricula formulated in 1997. The Curricula, which began to be applied to elementary schools in 2000 and were extended to cover high schools in 2002, prescribe that gender equality education be comprehensively incorporated into all school activities, whether they be academic or non-curricular, in cooperation with family and local community. Emphasis is placed on integrating gender equality into education curriculum and improving teaching staffs’ gender-awareness. To serve this end, teachers’ training courses are offered, teaching materials are developed and distributed, national students’ essay writing contests to raise gender-awareness are held and model schools for gender equality education are being operated.

10.1.1. Elimination of Gender Prejudice from Textbooks, Curricula, and Educational Environment

Regular reviews of the gender-discriminative elements and gender stereotypes in textbooks and curricula were conducted four times to identify the gender stereotypes since the implementation of the Fourth Educational Curricula. Reports from the reviews were delivered to the related policy makers and textbook developers. The recent review on the textbook of the Seventh Educational Curricula showed a great improvement in gender balance in illustrations and examples, in terms of both number and ratio. However, a gender-based division of role in adult characters, absence of female role models in history, mathematics and science textbooks, and gender prejudice in supplementary teaching materials are subject to future improvement.

Based on such reviews, gender-discriminative elements in textbooks have been revised and teaching materials and guidelines for gender equality education, including those for toddlers, have been produced and distributed.

A number of measures to eliminate customary gender discrimination in schools and to promote gender equality have been recommended to schools of all levels. For instance, it was advised to abolish the student numbering system that puts boys first and to allow girls to wear trousers as school uniforms. Efforts are also made to better protect the rights of the female students to health and education in times of menstruation.

10.1.2. Enhancing Gender-awareness of Teaching Staffs

Gender equality education for elementary and secondary school teachers is of great significance in rooting gender equality education in the school system. Gender equality education session must be incorporated into training programs for teachers and most schools are providing their own training programs as well.

A website on sex and gender equality education for teachers (www.edugender.or.kr) was newly launched in 2004 to provide teaching materials for gender equality education and case solutions to gender inequality problems.

10.1.3. Distributing Gender-sensitive Career Guidance Materials for Teachers and Parents

The government has developed and distributed gender-sensitive career guidance programs to tackle the gender-gap in post-school career choice. The Ministry of Education and Human Resources Development released a Career Guidance CD-ROM for high school girls in 1999, and a Career Guidance Booklet to Middle Schoolgirls in 2003; its on-field outcomes were applied in publishing the new edition in 2004. Guidelines on Gender-sensitive Career Guidance for Middle School Students were distributed not only to schools but also to some 600 youth centers nationwide for teenage girls and boys not enrolled in regular schools. Career guidance program and CD-ROM for elementary schools were also developed and distributed.

The Ministry of Education and Human Resources Development published in 2004 Sons and Daughters, Let’s March into the Brighter Future, a gender-sensitive career guidance for parents’ use. The material, targeting parents of elementary and secondary school students, highlighted various topics and issues in different chapters for practical use. It also included self-study lists and summary notes for parents as well as numerous career guidance case studies and problem solving methods.

10.1.4. Development of Educational Curricula on Gender Equality by Age Group

The Ministry of Gender Equality and Family has been developing “Gender Equality Educational Curricula for Each Life Cycle Period” every year to help establish desirable gender identities. It developed gender equality educational programs for toddlers in 2004 and those for young children in 2005. It plans to do the same for teenagers in the second half of 2005 and will continue creating different programs for each age group such as adults and seniors in the future. The programs are used at the Korean Institute for Gender Equality Promotion and Education, and the Ministry also puts forward efforts to reflect the programs in the Eighth Educational Curricula. (Table 10-1)

10.2. Sex and Health Education in Schools

The Ministry of Education and Human Resources Development has promoted systematic in-school sex education policies since the establishment of the Women’s Education Policy Division. Sex education materials for each class-level were developed in 2000; teachers’ guidelines and CD-ROMs were distributed and teachers’ training and school inspectors’ workshop programs were run in 2001; and the sex education guidelines were developed in 2002. Review and evaluation of the status of sex education has been under way. Nevertheless, the ministry is yet to realize substantive development of sex and health education by providing more elementary and secondary schools with health education instructors; currently, only 66.6 per cent of all schools have appropriate human resources in that regard. (Table 10-1)

10.3. Promoting Science and Engineering Careers for Female Students

Women accounted for 61.2 per cent, 57.5 per cent, and 53.0 per cent of 4-year university/college students majoring in teaching, humanities, and arts and sports disciplines, respectively, as of 2004. The medicine and pharmaceutics disciplines also have a high percentage (51.1 per cent) of female students. However, women accounted only for 37.0 per cent, 43.2 per cent and 12.9 per cent in the fields of social sciences, natural sciences, and engineering disciplines, respectively, which have traditionally had low rate of female students’ enrollment. (Table 10-2) The government is unfolding various policies to encourage female students to pursue careers in science and engineering.

As a part of the gender-sensitive education efforts, the Ministry of Education and Human Resources Development is running the Women into Science and Engineering program that encourages female students to join the science and technology fields. It tries to relay the professional knowledge and values of high-end women scientists and engineers to secondary school and college students through one-to-one mentoring. The head office and eight local offices were established in 2004, and one more local office was opened in 2005 with an additional budget of 1 billion Korean Won (equivalent to USD 1 million). The program is based on mentoring among women scientists/engineers, college students, and secondary school students. It includes the “Moving Laboratory” and “WISE Science Camp” for middle schoolgirls, the “WISE Research Camp” for high schoolgirls, and the on-site mentoring, internship, and lecture programs for college/university students.

In addition, the Ministry of Education and Human Resources Development published Women Meet Science, a guidebook to encourage female students to join the science and engineering fields in 2004. The publication was distributed to middle and high schools as well as education administrative agencies for use by teachers, students, and parents. The ministry also gives priorities to female students within 30 per cent of scholarship recipients in the science and engineering fields and provides 5 million Korean Won -scholarship (equivalent to USD 5,000) to each successful candidate.

Since 2004, the Ministry of Commerce, Industry and Energy has been running the Women’s Academy for Technology Changer in the 21st Century program designed to establish the necessary infrastructure to nurture women science and engineering professionals. Five detailed objectives of the program are: 1) supporting female undergraduate/graduate students in the fields of science and engineering to be high-quality human resources, 2) encouraging high schoolgirls to choose science and engineering disciplines, 3) creating a network between students and in-field women engineers, 4) fostering leadership of women human resources in the engineering field by establishing horizontal and vertical networks among high-quality women engineers, 5) building network between university/college professors, industry researchers, women undergraduate/graduate students, high school science teachers, and high schoolgirls. The ministry offers subsidy for joint research work by female undergraduate/graduate students, high schoolgirls, and their professors and teachers. A certain amount of scholarship is provided to the undergraduate/graduate students participating in the research and excellent performances are awarded. Around 350 persons in 40 teams took part in 5 different sectors in 2004, and 50 teams participated in 2005.

Career Development Center for Female Students, which the Ministry of Gender Equality (and Family) established in five universities since 2003, has been running a special support program for female students of science and engineering. The program consists of meeting opportunities with women scientists and one-to-one mentoring between female undergraduate/graduate students and female elementary, middle, and high school students.

10.4. School Enrollment and Educational Achievement

With a consistent increase in the rate of female students going to a higher level of schools, gender discrimination has been considerably reduced in school education. 79.7 per cent of girl students went to university/college in 2004, a rate relatively lower than that of boys which was at 82.8 per cent. However, 99.7 per cent of girls went to high school at the same level as boys. (Table 10-3)

Korean students as a whole marked high scores at the Program for the International Student Assessment which was carried out on students in 40 countries, including 30 member countries of the Organization for Economic Cooperation and Development. However, the result showed a considerable gap between boys and girls; boys scored better than girls in all subjects except for reading. The average score for boys (554) was eight points higher than the average score for girls (546). This gender gap was the third broadest among that of all tested nations. Much effort to improve girls’ academic performances, particularly in the disciplines of mathematics and sciences, is required.

Article 11

11.1. Basic Plan on Gender Equality in Employment (2003-2007)

The Basic Welfare Plan for Working Women, of which the second plan had been implemented from 1998 to 2002, is being pursued under the new name the Basic Plan on Gender Equality in Employment in 2003. The Plan is to be implemented until 2007 and puts an emphasis on proactive use of women workforce based on the principle of equal employment, going beyond simply addressing gender discrimination at workplace.

Four main objectives of the Third Basic Plan on Gender Equality in Employment are: 1) strengthening enforcement of relevant legislations in order to address gender discrimination in recruitment, post-assignment, promotion, and wage and improving the prevention and mediation of gender discrimination disputes in both public and private sectors, 2) supporting compatibility of work and family life for women by increasing the society’s share in maternity protection cost, enhancing the childcare leave system and the childcare support, and developing family-friendly working environment, 3) establishing sound foundation for promoting women’s employment by strengthening women employment system, training programs and employment insurance support, especially for women from underprivileged backgrounds (i.e., woman household head and temporary workers), 4) raising public-awareness on gender equal employment by running relevant training programs and supporting businesses with best practices in this regard.

11.2. Introduction of Affirmative Action for Women’s Employment

The Republic of Korea ranked 59^th on Gender Empowerment Measure in the United Nations Development Programme Human Development Report in 2005, up by 9 ranks from 68^th in 2004. This came primarily from an increased women’s participation in the National Assembly from 5.9 per cent to 13.0 per cent during the 17^th general elections in 2004. (Article 7.1) However, the ratio of women at the managerial-level in both public and private sectors showed a staggered movement from 5 per cent in 2004 to 6 per cent in 2005. In this regard, the March 2006 amendment to the Equal Employment Act introduced an affirmative action to ultimately eliminate invisible barriers which bar women from promotion.

Under the amended Act, public corporations and large enterprises with more than 500 employees are required to report the gender-disaggregated employment status for every rank within the organization each year. Those who fail to meet a certain level of women employment must create an action program to increase employment of women and report it to the government. The government launched the Equal Employment Assessment Center in 2005 to facilitate the application of the affirmative action approach and to ensure fair assessment of the compliance of companies with the approach. The center is responsible for systemizing related statistics, developing an equal employment program manual, and providing necessary support for companies.

The Equal Employment Program was put into practice in public corporations and government–affiliated institutions in 2004 as a part of affirmative action efforts. A total of 101 public corporations submitted their Equal Employment Plan for July 2004-December 2007 period on increasing employment of women workforce, improving women representation at the managerial level, and increasing numbers of office units with women employees. The corporations are required to submit implementation reports on equal employment to the government at the end of 2005 for review.

11.3. Improvement of Vocational Training for Unemployed Women Household Heads

The Vocational Training Program for Unemployed Women Household Heads was launched in 1998 to improve vocational capacity and self-reliance for women household heads. It was turned into the Training Program for Unemployed Women Households Heads on July 1, 2005 and was included in the Workers’ Vocational Competency Development Act. The improvements are as follows. First, the scope of women household heads eligible for the training program was expanded to all women household heads in need of vocational training for better access to the job market. Under the previous program, only widows, divorcees and women with spouses who are unable to work due to physical impediment and illnesses had been eligible. Second, unemployed women household heads were made eligible for other training courses apart from courses provided by the Training Program for Unemployed Women Household Heads within the limit of 20 per cent of the total program capacity. This change will ensure that the trainees benefit from more diverse training courses to acquire various skills. Lastly, the training allowance was increased to reduce the number of women household heads from dropping out of the training course for financial difficulties.

11.4. Enhancement of Maternity Protection

The amendment of the Labor Standards Act, the Equal Employment Act, and the Employment Insurance Act in May 2005 enhanced maternity protection measures. Most importantly, the 60 days wage burden within the 90 days maternity leave period borne by the company is to be covered by the Employment Insurance Fund. The coverage by the Employment Insurance Fund is to start from small enterprises in 2006 and extend to large corporations by 2008. (Table 11-9) Women employees going through miscarriage after the 16th week of pregnancy are to be offered a special paid leave of absence from January 2006.

Working women or their spouses with a child of age 1 or less who took childcare leave had not been given any allowance until 2000. Monthly payment of 200,000 Korean Won (equivalent to USD 200) for those taking childcare leave of absence was introduced in November 2001. The figure was increased to 300,000 Korean Won (equivalent to USD 300) and 400,000 Korean Won (equivalent to USD 400) in 2003 and 2004, respectively.

The Amendment of the Military Personnel Act in January 2004 entitled women staff of armed force the right to leave of absence during pregnancy, childbirth, and care of a child three years old or younger. It also specified that the maternity or childcare leave should not work against promotion of women.

The Amendment to the Public Officers Act of January 2002 expanded the scope of eligibility for childcare leave of absence from women with a child of age one or less to women with a child of age three or less. Women public officers can now take leave of absence during pregnancy and upon childbirth in addition to paid maternity leave. Terms of childcare leave was changed from “within one year” to “within one year for each child” to prevent misinterpretation. Moreover, the clause which stipulates that half of the childcare leave period should be counted into the period of absence has been removed. Under the amended Act, the duration of leave is fully counted into the period of active service.

11.5. Workplace Childcare Facilities

Only 11,787 children, accounting 1.3 per cent of the total of 930,252 children using childcare facilities, were looked after at workplace childcare facilities as of 2004. In January 2006, the government expanded the scope of companies subject to childcare facility requirement from those with “300 or more regular women employees” to “300 or more regular women employees and/or 500 or more general employees” to lessen the burden of childcare. (Table 11-11)

11.6. Systemizing Childcare Policies and Improving Quality of Childcare Services

The Comprehensive Plan for Improving Childcare Services was devised in 2005 to improve the quality of childcare services and enhance the social burden sharing, to provide childcare services tailored to working parents, and to offer support reflective of regional particularity. In addition, the Childcare Policy Coordination Committee is run under the leadership of Minister of the Office for Government Policy Coordination to coordinate voices of different government offices for improving childcare policies and budgetary support.

The Evaluation and Certification for Childcare Facilities was introduced in October 2004 in order to improve childcare services through quality control. The Korean Childcare Accreditation Council in charge of evaluation and certification works for childcare facilities were also launched. The System was run on trial-basis in 2005, and is expected to be implemented more broadly by stages starting in 2006. The amendment to the Infant Care Act established the Government Certification System for Childcare Professionals in 2005 to enhance the quality of childcare workforce and childcare services.

11.7. Support for Employment of Women with Disabilities

The Ministry of Health and Welfare has run a vocational rehabilitation work programs tailored to women with disabilities. In 2004, a total of 7,400 people with Class-A disabilities were provided with jobs through sheltered employment. 107,000 cases of employment support through vocational assessment, job procurement, and post-hiring transition counseling were processed. The Ministry also supported model projects of vocational rehabilitation that is suitable for disabled women.

The Ministry of Labor provides differentiated subsidy to businesses for hiring women with disabilities to increase the women ratio in employing persons with disabilities. (Table 11-13)

Article 12

12.1. Status of Women’s Health

12.1.1. Disease Occurrence Rate

The disease occurrence rate, the main indicator of health, was 17.1 per cent and 24.5 per cent for men and women, respectively, in 2003. It indicated that women, in general, have worse health conditions than men. Malignant neoplasm, cerebrovascular disease, and cardiovascular disease were the top three causes of death for both men and women. Other main causes of death for women were diabetes, chronic obstructive pulmonary disease, high blood pressure-related disease, suicide, traffic accident, liver disease, and pneumonia in the descending order of frequencies. For men, they were liver disease, traffic accident, suicide, chronic obstructive pulmonary disease, diabetes, respiratory tuberculosis, and vertical fall. (Table 12-1)

12.1.2. Use of Medical Services

Frequency of medical service use was higher among women than men, recording 78.8 per cent and 67.7 per cent, respectively. Men were more likely treated for serious illnesses. (Table 12-2)

12.1.3. HIV/AIDS

The number of women infected with HIV/AIDS gradually increased over the course of years; it recorded 35, 32, and 53 in 2002, 2003, and 2004, respectively. The government has enhanced AIDS prevention campaign and education, encouraging the public to take AIDS test, running patient rehabilitation programs and treatment centers, and offering counseling and support programs to patients by better training public healthcare officers. (Table 12-3 and Table 12-4)

12.1.4. Reproductive Health

The ratio of birth control practice among married women between the ages of 15 and 44 increased from 79.3 per cent in 2000 to 84.5 per cent in 2003. (Table 12-5)

The ratio of induced abortion among married women between the age of 15 and 44 steadily decreased, from 44 per cent in 1997, to 39 per cent (2000) and 40 per cent (2003). The average abortion frequency also decreased from 0.7 in 2000 to 0.6 in 2003. The frequency of induced abortion among women between the age of 20 and 44 was far greater than that of other age groups. (Table 12-6) The fact that the age group of 20-24 most frequently practiced induced abortion can be attributed to the limited practice of birth control that leans towards unstable and temporary measures leaving them with higher probability of unwanted pregnancy.

12.2. Discouraging Caesarean Sections

Because the caesarean section ratio is relatively higher in the Republic of Korea than in other countries, the government set up the Caesarean Section Reduction Committee and pushed forward with policies to lower the ratio to an acceptable level. It made public the Caesarean section ratio of major hospitals through the mass media and on the webpage of the National Health Insurance Corporation. It is also monitoring the Caesarian section status and encouraging medical institutions to reduce caesarian sections. (Table 12-7)

12.3. Maternal Health

The government is running a nationwide health improvement program for women and children through 144 public health centers in consideration of local particularities. Two Hundred and forty-six public health centers are currently offering ante-natal and post-natal healthcare and counseling services to pregnant women, and health services to infants depending on their growth stage. In addition, pregnant women and infants from low income households are provided with regular health check-ups for early detection of serious illnesses. (Table 12-8)

Maternal protection by the National Health Insurance has been improved and now covers the costs for natural childbirth as well as antenatal rubella and congenital malformation tests.

12.4. Low Birth Rate

The birth rate has continued on a downward trend to record 1.3, 1.17, 1.19, and 1.16 in 2001, 2002, 2003 and 2004 respectively. In response, the government proposed legislation of the Basic Laws on the Aging Society, which requires the central and local governments to make policies after exploring desirable demographic structure. The Laws urged the government to enhance society’s burden sharing of childbirth and childcare, while effectively creating an environment in which family life and work can co-exist harmoniously based on the spirit of gender equality. The Framework Act on Response to Low Birth Society was proposed at the National Assembly as an attempt to institutionalize countermeasures to the low birth problem. As a result, the Framework Act on the Aging Society with Low Birth Rate went into effect in September 2005. The Framework Act on Healthy Family enacted in 2004, also requires the central government and local government entities to note society’s responsibilities over childbirth and childcare and to support motherhood protection, infant health, and childbirth environment.

12.5. Girls’ Smoking

The smoker ratio among the youth in Korea recorded the highest in the world in the late 1990s. Rapid increase in the number of girl smokers coupled with lowering age-level of the first cigarette smoking emerged as a serious social issue. The National Youth Commission has carried out the youth smoking prevention campaign since 2001. However, the survey from 2003 showed that boys and girls start smoking at a younger age and the number of girl smokers is still increasing. (Table 12-9 and Table 12-10)

12.6. Health Policies for Middle-aged Women

The government ran the Incontinence/Osteoporosis Prevention Program for Women, developed in 2001, on a trial basis to improve the health of middle-aged women. It also published booklets and videotapes on incontinence prevention cases and distributed them to local public health centers. Furthermore, the government published and distributed a guidebook on preventing diseases and illnesses commonly found among middle-aged and older women.

12.7. Improving Underprivileged Women’s Health

To promote home-nursing programs for older women in rural areas, the government has supported training of professional nurses, public health servants, and volunteers for home-nursing.

Free health check-up for senior citizens receiving the National Basic Livelihood Security Benefit has been gradually expanded in terms of the eligibility scope and check-up items. Of 35,293 senior citizens who received free health check-up, 25,944 were women, recording 73.5 per cent of the total. (Table 12-11) The government also subsidizes the eyesight check-up and recovery surgery for senior citizens. Of 11,310 persons benefiting from free eyesight check-ups, 67 per cent were women.

Public health centers provide special healthcare service for women with disabilities while taking into consideration their particular needs. Welfare centers for persons with disabilities in 16 cities and provinces are also running the Helper Program that supports pregnancy, childbirth, and childcare of women with disabilities.

12.8. Statistics and Research on Women’s Health

The women’s health indicators were added to the national health and nutrition survey, which is carried out every 3 years, to facilitate efforts for establishing policies to improve women’s health. The government published the Women’s Health Statistics Collection that contains gender-based reinterpretation of the national health and nutrition survey result in 2001. It also commissioned a research on the status of abortion and relevant policy measures and subsidized a study on women-specific illnesses, cancers in particular.

Article 13

13.1. Women and National Pension

Non-regular workers including temporary employees with one month or longer terms of employment and workers at businesses with less than five employees, who were previously covered by regional pension, became eligible for employment pension as of July 2003. This change institutionalized the national pension benefit for women working in small businesses which are more likely to employ women.

The number of women subscribers to the national pension scheme increased steadily, reaching 5.9 million in 2004. The proportion of women among the total number of subscribers increased from 32.5 per cent in 2002 to 34.7 per cent in 2004. Women accounted for approximately 39 per cent of the total number of subscribers to national pension which has also been on the rise. In 2004, women accounted for some 30 per cent of the total number of recipients of old-age pension and over 90 per cent of the total number of recipients of survivor’s pension. (Table 13-1 and Table 13-2)

Women’s right to divided pension upon divorce was institutionalized in 1998, and according to the 2004 data there were 468 women and 68 male recipients among 536 divided pension recipients. The government is pushing forward with the amendment of the National Pension Act to enhance women’s right to divided pension. The change removes the clause that terminates the payment of divided pension to a divorcee upon her remarriage. The proposed amendment also entitles the recipient of divided pension to old-age pension upon reaching the eligible age. Such change was under review at the National Assembly as of December 2005.

13.2. Women and National Basic Livelihood Security System

There were 750,000 women beneficiaries of the National Basic Livelihood Security System in 2003, accounting for 58.1 per cent of the total number of beneficiaries. (Table 13-3 and Table 13-4) In terms of age group, women who are at the age of 61 or older and men between the age of 51 and 60 accounted for the largest proportion of beneficiaries. By household types, there were 238,790 senior households, making up 33.3 per cent of the total 717,861 households in 2003. Because the older age group has a bigger proportion of women, it can be assumed that many women senior citizens benefit from the National Basic Livelihood Security System. The number of women headed-households changed from 70,152 in 2001 to 65,132 in 2002, 66,636 in 2003, and 70,591 in 2004.

13.3. Eradicating Women’s Poverty

The government is developing programs to boost self-reliance of women heads of low-income households, by supporting for the process of achieving self-reliance and mobilizing community resources.

As part of the pilot program to assist women heads of low-income family, Hope Center for Women Family Heads was opened in three cities: Ansan, Cheonan and Pohang in 2004 and in two other cities: Busan and Gwangyang in 2005.

13.4. Loan and Credits to Support Business Startup by Women of Low-income Households

The Business Startup Subsidy Programs for Women Engineers and Women Heads of Households were launched during 2002-2005 period by the Ministry of Gender Equality.

The Business Startup Subsidy for Women Engineers uses 10 billion Korean Won (equivalent to USD 10 million) from the Women’s Development Fund every year to offer women with a certain level of skills the maximum loan of 70 million Korean Won (equivalent to USD 70,000) per person for 5 years (repayment in 4 years with 1-year grace period) at the annual interest rate of 4.5 per cent for business startup. Two hundred and ninety-five businesses and 309 businesses benefited from this project in 2003 and 2004, respectively.

The Business Startup Subsidy for Women Household Heads uses three billion Korean Won (equivalent to USD 3 million) from the Women’s Development Fund every year to offer women household heads the maximum loan of 50 million Korean Won (equivalent to USD 5,000) for two years with an optional two-year extension at the annual interest rate of 3.0 per cent for business startup. This loan is available to women household heads who are incapable of economic activities due to the spouse’s death, divorce, or disability as well as unmarried women who take care of parents or fatherless children. Eighty-three women benefited from this project in 2004.

Since the Small and Medium Business Administration’s Business Startup Loan project was launched in 1999 with a fund of 2 billion won (equivalent to USD 2 million), it has served 244 women heads of low-income households.

13.5. Single Parent Family Welfare Act

The 1973 Mother and Child Welfare Act was changed to the Single Parent Family Welfare Act in December 2002. While the previous act entitled only low-income single mother families to economic and social support from the government, the change offers the same benefit to low-income single father families.

13.6. Exempting Value-Added Tax on Feminine Products

The January 2004 amendment to the Value-Added Tax Act exempted the VAT on feminine products, which are basic necessities for most women.

13.7. Integrating Gender Perspectives in Cultural Policies

The Ministry of Culture and Tourism organized the Women’s Culture Taskforce to improve gender sensitivity within the Ministry, to strengthen collaboration with women’s organizations and individual experts, and to develop policies incorporating gender perspectives in the fields of art, tourism, and sports. It also recommended women artists or cultural pioneers as the “Cultural Face of the Month,” and developed tour programs on women’s culture to enhance the value of women’s cultural heritage.

Furthermore, the Ministry conducted a gender-impact analysis on cultural infrastructure and life sport facilities, carried out surveys on women’s culture, and opened policy research forums in 2004. It also hosted Women’s Culture Forum to raise awareness of women’s culture.

13.7.1. Improving Convenience Facilities for Women inside Public Cultural Institutions

A survey on convenience facilities for women was conducted in 2003 at cultural institutions affiliated with the Ministry of Culture and Tourism. As a result, measures were taken to improve convenience facilities for women. For example, the number of female toilets, nursing rooms and playrooms for children has increased.

13.7.2. Women’s Participation in Cultural Activities

A comprehensive survey on women’s culture conducted in 2004 showed that the rate of participation in cultural/arts activities and sports game appreciation was 51 per cent for both men and women. 91.5 per cent of women and 83.2 per cent of men had been to art performance, 35.3 per cent of women and 28.6 per cent of men to exhibitions, and 10.9 per cent of women and 28.5 per cent of men to sports games. The leisure time was spent on watching TV (56.0 per cent), sleep and rest (49.1 per cent), and housework (48.0 per cent) for women; for men, it was 57.5 per cent, 52.4 per cent, and 17.1 per cent on respective activities; 73.9 per cent and 71.4 per cent of women and men, respectively, stated that they were dissatisfied with their leisure activities; 53.0 per cent of women named economic burden as the primary reason for dissatisfaction, followed by the lack of time (23.0 per cent) and fatigue (7.6 per cent). The percentage of women who read books stood at 62.4 per cent, 0.4 per cent more than the number of men who read books (62.0 per cent). However, women read an average of 12.2 books a year, 3.4 books less than men (15.7 books)

Article 14

14.1. Act on Fostering Women Farmers and Promotion of Women’s Participation in Agricultural Policymaking

Of the total women employment, 866,000 women, 9.2 per cent were working in farming or fishing industry in 2004. This number showed a 6.2 per cent decrease from 923,000 in 2003. Women’s participation in the agriculture and fishery industries has steadily decreased due to industrial restructurings since 2001, and the government has continued its efforts to support women workers in farming or fishing industry. (Table 11-3 and Table 14-6)

With the 2002 enactment of the Act on Fostering Women Farmers, policy for women farmers, once given low priority in agricultural policy, has secured an independent policy agenda. Policy directions for women farmers became much clearer, and the legal foundation was established.

Under the Act, the Advisory Committee for Fostering Women Farmers was established. Efforts to enhance women’s participation in the decision-making process of agricultural policies have led to an increase of women in relevant government advisory committees, including those in the Ministry of Agriculture and Forestry. The percentage of women advisors rose from 5.1 per cent in 1997 to 35.9 per cent in 2003. However, the rate dropped slightly to 32.4 per cent in 2004, because newly organized committees failed to invite women members at the desirable level. The Presidential Commission on Agriculture, Fishery, and Rural Policies has formed a Women Farmers’ Policy Council to explore policy directions and tasks for women farmers. The Council is comprised of related government agencies, women farmers’ organizations and experts.

14.2. Five Year Plan for Fostering Women Farmers

The Five Year Plan for Fostering Women Farmers is the groundwork for women farmers’ policy, along with the Act on Fostering Women Farmers. The first stage of the plan was implemented from 2001 to 2005, while the second stage will begin in 2006.

The government plans to increase the ratio of women selected as Young Farmers (Agricultural Successors) to 20 per cent by 2004 in the Young Farmer Nurturing Program, which subsidizes the establishment of new farms and provides funds for the improvement of management. Affirmative actions such as lower selection criteria and extra points were given to women farmers. For instance, while the full ownership of a farm is required to be selected as a Young Farmer, a joint ownership with spouse is also accepted in the case of women farmers. As a result, the percentage of women Young Farmers has surged from 12.9 per cent in 1998 to 20.6 per cent in 2002, and 25.1 per cent in 2003. Even after the modification of the Young Farmer Initiative into the Farm Establishment Support Initiative, the extra point privilege for women farmers was retained. However, only 13.1 per cent of newly established farms selected in 2004 were run by women.

Despite these efforts, only a few women farmers were able to benefit from the Initiatives, given that they are based primarily on family farm ownership, the most common form of farm ownership in Korea, in which women farmers are generally marginalized. Therefore, efforts to secure women’s rights to property such as farm land and livestock are required. In addition, the weight placed on agriculture-related schooling in selecting beneficiaries of government support for rural areas is also disadvantageous to women farmers.

14.3. Budget Related to Women Farmers’ Policy

The budget related to women farmers’ policy decreased from 16.7 billion Korean Won (equivalent to USD 16.7 million) in 2001 to 14.9 billion Korean Won (equivalent to USD 14.9 million) in 2002. Even though the budget increased to 20.1 billion Korean Won (equivalent to USD 20.1 million) in 2003 and 54.8 billion Korean Won (equivalent to USD 54.8 million) in 2004, the increase was mainly due to a rise in subsidies provided to farm households as a whole, such as tuition fee support for rural children and childcare support. The budget allocated exclusively to women farmers has not increased in proportion to the amount of increase in total budget, let alone the decrease in the budget for women farmers’ education. This suggests that budget increase was not necessarily translated into a more effective women farmer’s policy. (Table 14-1)

14.4. Enhancing Health and Welfare of Rural Women

To prevent the deprivation of single mothers in rural areas, the government began to provide tuition fees to children of single mother farmers in 2001. The eligibility for support has been extended to single fathers in 2002, and the eligibility criteria on farm ownership was also adjusted to benefit more women farmers in 2004.

The work assistance program for women farmers who are expecting or have given births was introduced in 2000 and expanded nationwide in 2003. The payment for assistants was increased and the procedure for requesting assistance was simplified in 2004. Since its implementation, the number of beneficiaries nearly doubled from 1,692 in 2001 to 3,370 in 2004.

The Special Act on Improving Quality of Life in Rural Areas and Promoting Rural Development was enacted in March 2004. Under the Act, national and local governments are obliged to enhance the welfare of rural women, maternity protection and social status. Enhancing women’s welfare was included in one of the major objectives of the First Basic Plan on Improving Quality of Life in Rural Areas and Promoting Rural Development (2005-2009), which was devised pursuant to the Act.

14.5. Women Farmers’ Centers

Due to regional and gender marginalization, women farmers tend to be excluded from opportunities in education, social interaction, cultural activities, grievance consulting and childcare services. In this light, the government has established women farmers’ centers that provide specified and comprehensive service for women farmers. After a pilot operation of four centers in 2001, a total of 18 - two centers in each province - were built during 2002-2003 and the total number reached 27 in 2004.

14.6. Education for Women Farmers

As rapid technological development has brought dramatic changes to agricultural production and distribution chains, the number of women farmers participating in information literacy training has surged. In addition, women’s participation in farming skill training has increased significantly, improving women’s capabilities to cope with new agricultural environments. To encourage women farmers’ acquirement of professional knowledge and expertise as self-trainers, a woman farmer-trainer course has been set up at the Agricultural Training Institute. (Table 14-2)

14.7. Cooperatives and Life Improvement Associations

The First Five Year Plan for Fostering Women Farmers set the target for enhancing women’s participation in agricultural cooperatives: 50 per cent of total membership, 6,000 representatives and 600 executive members. To this end, the government has taken measures such as providing relevant education to women farmers and achieved a certain degree of improvement in women’s participation in agricultural cooperatives. However, the women membership in the cooperatives stands at a mere 23.6 per cent, and there are 4,886 women representatives and 237 women executives as of 2004, which are far below the target figures. (Table 14-3)

14.8. Development of Work Devices and Programs to Reduce Women Farmers’ Work Burden

As women labor has increased in agricultural production, the labor and health issues of women farmers have been raised as major agenda. In response, the government provides support for the development of various work devices to reduce labor burden of women farmers and to help them live healthy lives. The Agricultural Work Device Development and Supply Program has been on track since 2004, with significant increase of rural households benefiting from the program. Devices have been developed to enhance efficiency of some agricultural work that is usually done by women, such as produce selection and strawberry farming. Work clothes and other farming equipment have also been developed and provided. (Table 14-4)

Article 15

15.1. Mother’s Right to File a Lawsuit to Verify Biological Mother-Child Relationship

The Civil Act was amended in 2005 to acknowledge mother’s right to file a lawsuit to verify biological mother-child relationship, while only the father’s right had previously been acknowledged. Generally, a mother-child relationship is formed naturally by childbirth. Nevertheless, because there are cases where mother-child relationship is difficult to presume, as in the case of child abandonment, the mother’s right was also acknowledged.

Article 16

16.1. Abolition of Family-Headship System

The Family-Headship system, a prime example of gender discrimination in the Republic of Korea, was abolished by the Constitutional Court’s Decision of the system’s unconformity to the Constitution and the following amendment of the Civil Act. This amendment will go into effect in January 2008.

16.2. Decision of Child’s Family Name

In the previous Civil Act, a child was to follow the family name of the father with the exception of an abandoned child and a child whose father is unknown. The amendment of the Civil Act that will go in effect in January 2008 stipulates, “The child shall follow his/her father’s family name. However, with both parents’ agreement at the time of marriage, a child may follow the mother’s family name.” This enables a child to follow his/her mother’s family name, while in general still maintaining “the principle of inheriting the father’s family name and the family name by jus sanguinis”. In case of a foreigner father, the child may follow either the father’s family name or the mother’s family name.

16.3. Abolition of the Remarriage Prohibition Period

The Civil Act was amended to abolish the remarriage prohibition period, which was applicable to women only. The previous Civil Act prescribed, “Women shall not remarry within six months from the day when the previous marriage relationship is terminated”. This regulation aimed to prevent possible confusion in determining the biological father of a child conceived during the period of going through divorce and remarriage. However, development of science and technology that enables genetic and other paternity testing put the clause under criticism which called for its abolition.

16.4. Fatherhood Acknowledgment

The previous Civil Act prescribed that a child whose father is unknown shall adopt the mother’s family name. If a child borne outside of the marriage was not acknowledged by the father, he or she was enlisted under the mother’s genealogy. However, if the father acknowledged the child as his, the child was enlisted under the father’s genealogy regardless of the mother’s consent. The amended Civil Act prescribes that with parents’ agreement the child may continue to use the mother’s family name, even if the father has acknowledged the child as his. If the parents are unable to reach an agreement, the child can continue using the mother’s family name with approval of the court.

16.5. Securing Payment of Child Support Expenses in Divorced Families

It is important to address the issue of child support expenses for the welfare of children and equal burden sharing between the father and mother of a divorced family. The amendment to the Family Litigation Act and Civil Act Execution Act, and the Special Act on Security for Payment of Child Support were awaiting the approval of the Legislation and Judiciary Committee of the National Assembly as of December 2005. The Amendment prescribes the following. First, failure to provide regular child support expenses will be followed by the security provision order (such as cash entrustment). The failure to comply with the order may change the split payment order to a lump-sum payment order. Second, while under the previous Civil Act Execution laws a failure to provide regular support expenses was followed by a court order for payment of the unpaid support expenses alone, under the amendment, regularly originated bond for salary, for instance, may be ceased as a security for future child support expenses. Third, the government is also considering the Proxy Child Support Payment Program, under which the government steps in to provide the child support expenses to divorced families that have financial difficulties due to the involved parties’ failure to follow the payment order.

16.6. Property System for Married Couples

The present legal system adopts the separate property system for married couples that allows each party to freely dispose properties owned under his/her name. Because property division is made possible only at a time of divorce, the right of a party who does not have legal claim over properties acquired during the marriage was left unprotected.

A civil law amendment designed to achieve equality in practice regarding property rights between the two parties in a marital relationship had been submitted to the Legislation and Judiciary Committee of the National Assembly as of December 2005. The amendment imposes a limit on unilateral disposition of properties related to the residence which sets the economic basis in marriage. Also, the two parties can file for property division even during the time of marriage, when deemed appropriate and necessary. Common property (excluding properties acquired by a party before the marriage or through inheritance or gift) acquired during the time of marriage should be equally divided based on the spirit of equality.

Annex

Table 4-1 Proportion of Women Professors in Universities

(Unit: per cent)

Source: Ministry of Education and Human Resources Development.

Table 4-2 Status of Women Managers at Elementary and Secondary Schools

Source: Ministry of Gender Equality and Family (2005) “Second Basic Plan for Women’s Policies (2003-2007) Achievements for 2004 and Plans for 2005”.

Table 5-1 Participants of the Courses Provided by the Korean Institute for Gender Equality Promotion and Education

Source: Korean Institute for Gender Equality Promotion & Education.

Table 5-2 Performance Statistics for Sexual Harassment Prevention Practice

Source: Ministry of Gender Equality and Family, Gender Equality White Paper.

Table 5-3 Publications of Sexual Harassment Prevention Guidebooks

Source: Ministry of Gender Equality and Family, Gender Equality White Paper.

Table 5-4 Rate and Hours for Adults’ Domestic Chore Performance (Weekly Average)

(Unit: per cent, Hour:Minute)

Source: National Statistical Office, Living Hours Survey.

< Table 6-1 > Number of Support Facilities and Protection Projects for Victims
of Forced Prostitution and Former Prostitutes

< Table 6-2 > Cases of Sexual Violence

Source: National Police Agency, Police White Paper (2005)

* Sexual Violence Punishment Act: Act on the Punishment of Sexual Crimes and

Protection of Victims

< Table 6-3 > Statistics on Domestic Violence Crimes

Source: National Police Agency, Police White Paper (2005)

< Table 7-1 > Members of National Assembly

Source: National Election Commission, Survey of National Elections: 12th ~ 15th

National Assembly

< Table 7-2 > Women Elected in the 2^nd and 3^rd Local Elections

Source: National Election Commission, Survey of the 2^nd and 3^rd Local Election (1998,

2002)

< Table 7-3 > Target Ratio for Women’s Participation in Government Advisory Committees

(Unit: per cent)

Source: Ministry of Gender Equality (and Family), Gender Equality White Paper

published annually.

< Table 7-4 > Women’s Participation in Government Advisory Committees

(as of December 2004)

Source: Ministry of Gender Equality (and Family), Gender Equality White Paper

published annually.

< Table 7-5 > Women Ministers

Source: Ministry of Government Administration and Home Affairs (2005)

Note: The total number of Ministerial-level Administration is 22

< Table 7-6 > Employment of Women at Managerial-level (above Rank 5)

Source: Ministry of Government Administration and Home Affairs and Civil Service Commission (2004)

<Table 7-7> Status of Women Civil Servants above Rank 5 (as of December 31, 2003)

(Unit: number, per cent)

Source: Ministry of Government Administration and Home Affairs, Civil Service

Commission (2004)

< Table 7-8 > Women Public Officers

Source: Ministry of Government Administration and Home Affairs. Statistics Yearbook,

< Table 8-1 > Successful Candidates for Diplomatic Civil officer’s Examination

Source: Ministry Of Foreign Affairs and Trade

< Table 10-1> Annual Plan for Sex Education (2004)

(Unit: Cases, per cent in parenthesis)

Source: Ministry of Education and Human Resources Development

< Table 10-2 > Percentage of Female Students by Major Field of Study (2002-2004)

(Unit: per cent)

Source: Ministry of Education and Human Resources Development, Statistical Yearbook of Education (2002 - 2004)

< Table 10-3 > Percentage of Advancement to Next Level of School

(Unit: per cent)

Source: Ministry of Education and Human Resources Development, Statistics Yearbook

of Education

Note: Undergraduate includes Junior Colleges, Teachers’ Colleges, and Regular 4-Year Universities.

percentage of Advancement = % of graduates entering next level of school

< Table 10-4 > Student Distribution Ratio in High School by Gender and School Types

Source: Ministry of Education and Human Resources Development, Statistics Yearbook of Education

Note: The category “General” includes art high schools, sports high schools, foreign language high schools, and science high schools as well as regular high schools.

< Table 10-5 > Academic Degree Holders by Gender and for every 10,000 Persons

Year

Source: National Statistical Office, “Future Population Outlook” http://kosis.nso.go.kr

Ministry of Education Human Resources Development, Statistics Yearbook of

Education

Note: Bachelors Degree Holders include graduates from Teachers’ Colleges,

Industrial Colleges, Open Universities, and Regular 4-Year Universities.

< Table 10-6 > Co-ed and Segregated Schools

(Unit: number of schools, per cent in parenthesis)

Source: Ministry of Education and Human Resources Development, Statistics Yearbook

of Education

Note: College/University includes Junior Colleges, Teachers’ Colleges, Industrial Colleges, and Regular 4-Year Universities.

< Table 10-7 > Ratio for Scholarship Support and Tuition Waiver

(Unit: Persons, per cent in parenthesis)

Source: Ministry of Education and Human Resources Development, Statistics Yearbook

of Education

<Table 10-8 > Proportion of Female Students in Non-Regular Schools

Source: Ministry of Education and Human Resources Development, Statistics Yearbook

of Education

< Table 10-9 > Number of Women in Open Universities and Industrial Colleges

(per cent in parenthesis)

Source: Ministry of Education and Human Resources and Development, Statistics

Yearbook of Education

< Table 10-10 > Number of Women Who Passed Self-Taught Bachelor’s Degree Examinations

(per cent in parenthesis)

Source: Ministry of Education and Human Resources and Development, Statistics

Yearbook of Education

< Table 10-11 > Number of Women in Physical Education

(per cent in parenthesis)

Source: Ministry of Education and Human Resources and Development, Statistics

Yearbook of Education

< Table 11-1 > Women’s Labor Force Participation

Source: National Statistical Office, Economically Active Population Yearbook, http://kosis.nso.go.kr

< Table 11-2 > Economically Active Women by Age Group

Source: National Statistical Office, Economically Active Population Yearbook, http://kosis.nso.go.kr

< Table 11-3 >Women Employment by Industry

(Unit: in thousand, per cent in parenthesis)

Source: National Statistical Office, Economically Active Population Yearbook, http://kosis.nso.go.kr

< Table 11-4 > Employment by Profession

(Unit: 1,000 Persons, per cent in parenthesis)

Source: National Statistical Office, Economically Active Population Yearbook, http://kosis.nso.go.kr

< Table 11-5 > Scale of Non-regular Employment by Gender (as of 2004)

Source: Ministry of Labor

< Table 11-6 > Vocational Training for Unemployed Women Household Heads

Source: Ministry of Labor, Women and Employment 2004

< Table 11-7 > Participation Ratio and Number of Days of Participation in
Lifelong Learning Program (as of 2004)

Source: National Statistical Office, Social Indices of Korea http://kosis.nso.go.kr

< Table 11-8 > Average Monthly Wage and Wage Gap between Men and Women

Source: Ministry of Labor, Labor Statistics, http://laborstat.molab.go.kr

< Table 11-9 > Maternity Leave Benefits and Childcare Leave Benefits

Source: Central Employment Information Office, Statistics Yearbook of Employment

Insurance 2004

Note: * Amount includes the total payment to all recipients including the new payment.

< Table 11-10 > Children in Childcare Facilities by Age *(2004)

Source: 1) National Statistical Office, Future Population Outlook, http://kosis.nso.go.kr

2) Ministry of Gender Equality and Family , Childcare and Education Survey

2004

Note: *Children on Waitlist: Children and family who are put on the waitlist for the use of

Childcare facilities

< Table 11-11 > Workplace Childcare Facilities

(Unit: Number of Facilities)

Source: Ministry of Gender Equality(and Family), Gender Equality White Paper

< Table 11-12 > Women Household Heads

Source: National Statistical Office, Future Households Outlook 2000 - 2020, (2002)

< Table 11-13 > Differentiated Subsidy for Employment of Women with Disabilities*

(As of Dec. 2005)

Source: Ministry of Labor

Note: *The government offers differentiated disabled employment subsidy, depending on the gender and the degree of disability, to businesses employing the disabled.

< Table 12-1 > Top Ten Causes of Death (2002)

Source: National Statistical Office, Statistics Yearbook of Death Causes (2003)

< Table 12-2 > Use of Medical Services (2003)

(Unit: per cent)

Source: National Statistical Office, Women’s Life in Statistics (2004)

< Table 12-3 > Persons with HIV/AIDS

(per cent in Parenthesis)

Source: Ministry of Health and Welfare

< Table 12-4 > Women with HIV/AIDS by Age Group (2004)

(Unit: Persons)

Source: Ministry of Health and Welfare

< Table 12-5 > Birth Control Practice Rate for Married Women (2003)

(Unit: per cent)

Source: Ministry of Health and Welfare

< Table 12-6 > Frequency of Induced Abortion by Age for Every 1,000 Married Women (2002)

Source: Ministry of Health and Welfare

< Table 12-7 > Proportion of Cesarean Section

(Unit: per cent)

Source: Ministry of Health and Welfare

< Table 12-8 > Health Care and Medical Check-up for Pregnant Women and Infants

(Unit: Cases, Persons)

Source: Ministry of Health and Welfare

< Table 12-9 > Percentage of Smokers by Age Group and Gender (2004)

(Unit: per cent)

Source: Ministry of Health and Welfare

< Table 12-10 > Age at which People Start Smoking (2004)

(Unit: per cent)

Source: Ministry of Health and Welfare

< Table 12-11 > Medical Check-up for Senior Citizens (2004)

Source: Ministry of Health and Welfare

< Table 13-1 > Women National Pension Subscribers

(Unit: Persons, per cent in Parenthesis)

Source: National Pension Service, Statistics Yearbook of National Pension

< Table 13-2 > National Pension Payment

(Unit: Persons, Cases, per cent)

Source: National Pension Service, Statistics Yearbook of National Pension

Note: *Units for 2001-2003 are Persons and per cent, and Units for 2004 are Cases and per cent.

< Table 13-3 > Beneficiaries of the National Basic Livelihood Security by Gender

(Unit: person)

Source: Ministry of Health and Welfare

< Table 13-4> Beneficiaries of the National Basic Livelihood Security by Age Group

(Unit: per cent)

Source: Ministry of Health and Welfare

< Table 13-5 > Beneficiaries of the National Basic Livelihood Security by Household Type

(Unit: Households)