A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

CEDAW Country Ratification Report: Republic <strong>of</strong> Korea
against on the basis <strong>of</strong> gender, religious or social ranking, in all aspects <strong>of</strong> political,
economical, religious or social status. The basic <strong>Law</strong> on Women’s Development
1995, in accordance with CEDAW, further defines the obligation <strong>of</strong> the national
and regional governments as well as organisations to uphold gender equality and
eradicate discrimination against women in all general fields.
The affirmative action provisions <strong>of</strong> Article 4 <strong>of</strong> CEDAW were initially introduced in
Article 6(1) (Potential Preferential Treatment) <strong>of</strong> the <strong>Law</strong> on Women’s Development,
which states that national and regional governments as well as organisations shall
promote greater participation <strong>of</strong> women, where the participation <strong>of</strong> women is clearly
insufficient, and will take potentially preferential treatment in accordance with
determinations made by the relevant laws. Further, Article 8 <strong>of</strong> the <strong>Law</strong> on the
Prohibition and Relief <strong>of</strong> Gender Discrimination states that potential measures for
promoting gender equality under other laws shall not amount to gender discrimination
under this law. Clause 4 <strong>of</strong> Article 2.2 <strong>of</strong> the Gender Equal Employment <strong>Law</strong> 1989
also states that measures taken to minimise existing discrimination by national,
regional governments or business owners that prefer labourers from a certain gender
shall not amount to discrimination under this law. Maternity protection <strong>of</strong> female
labourers is also deemed as non discrimination under this law. Further, on 22
December 1998, Article 11.3 was added to the Decree <strong>of</strong> Government Official
Appointment providing for the induction <strong>of</strong> additional female candidates to provide
greater opportunities <strong>of</strong> employing female government <strong>of</strong>ficials.
Article 6 <strong>of</strong> CEDAW was incorporated into the Preventive <strong>Law</strong> on Prostitution to
punish those who work in prostitution and also those who participate in the act <strong>of</strong>
abetting prostitution thus strengthening the punishment <strong>of</strong> brothel masters.
Article 7 <strong>of</strong> CEDAW: To promote women’s participation in the public arena, a
Special Committee <strong>of</strong> Women in the National Assembly was established with the
amendment <strong>of</strong> the National Assembly <strong>Law</strong> <strong>of</strong> 1994. This Special Committee on
Women was brought under the direct command <strong>of</strong> the President <strong>of</strong> Korea by a later
amendment <strong>of</strong> the Government Organisation <strong>Law</strong> in 1998. Further, the amendment
<strong>of</strong> the Political Party <strong>Law</strong> in February 2000 states that the parties shall “recommend
30/100 or more <strong>of</strong> women as candidates for the National Assembly in national
election districts, and for a ratio representative and election <strong>of</strong> city and provincial
congressmen for ratio representatives”.
Article 9 <strong>of</strong> CEDAW was incorporated into the 1997 amendments to the Nationality
<strong>Law</strong> ensuring gender equality in nationality. The amendment states that the nationality
<strong>of</strong> children and spouses may be selected either by the nationality <strong>of</strong> the husband or
the wife and selection <strong>of</strong> the spouse’s nationality.
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