노동과 사회보장 분야의 유엔 사회권위원회 권고의 이행상황

The Committee on Economic, Social and Cultural Rights(ESCR) had considered the third periodic report of the Republic of Korea on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/KOR/3), and had adopted, on 19 November 2009, the concluding observations. Among the concluding observations of the Committee, the recommendations of the labor and social security sectors are as follows. The non-regular workers shall be entitled to equal pay for work of equal value; adequate social insurance coverage; labour law protection; safeguards against unfair dismissal.(para. 15) The State party shall take all appropriate measures to ensure that the minimum wage is effectively enforced, shall provide workers and their families with an adequate standard of living, shall extend the applicability of the minimum wage legislation to those sectors where it still does not apply, and shall intensify its efforts to enforce legal minimum wages through increased labour inspections.(para. 16) The State party shall increase the number of labour inspectors and provide adequate training on occupational safety and working conditions to labour inspectors, employers and employees.(para. 18)The legislation on civil service shall be amended with a view to lifting the restrictions imposed on the right of civil servants to join a trade union and to strike in conformity with the comments made by the Committee of Experts of the ILO in 2001, on the Convention No. 87.(para. 19) The State party shall guarantee the right of all persons to form and join trade unions freely, the right to engage in collective bargaining through trade unions, and the right to strike by refraining from the use of the ‘obstruction of business’ clause. That the State party shall consider ratifying the ILO Convention No. 87 and the Convention No. 98.(para. 20)The National Basic Livelihood Security System shall be under review in relation to the ‘duty to support’ standard or wealth standard and universal access to the system. The State party shall guarantee access to the system for persons that have not completed a minimum period of stable living, including the homeless and those living in shelters.(para. 22) The State party shall envisage alternative or complementary policies to the national pension system, such as a universal minimum pension or other social assistance benefits that would enable elderly persons to live a decent life.(para. 23) The Committee urges the State party to increase expenditure for health care and to take all appropriate measures to ensure universal access to health care, at prices that are affordable to everyone, and draws the attention of the State party to its general comment No. 14 (2000) on the right to the highest attainable standard of physical and mental health.(para. 30)Notwithstanding above such recommendations of the Committee in the labor and social security sectors, the ROK Government still have not carried forward the fulfilment of the recommendations of the Committee and the in-depth follow-up measures.