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

CONSTITUTIONAL LAW
Republic <strong>of</strong> Korea
Employment
Korea Electric Power Corporation (Appellant) v Commissioner <strong>of</strong> the
Central Labour Commission (Respondent)
94 Nu13589
Supreme Court
23 August 1996
<strong>Law</strong>s Considered
Gender Equal Employment <strong>Law</strong>, Articles 2.2, 8;
Labour Standard <strong>Law</strong>, Article 5.
This case examines mandatory retirement ages and whether a regulation requiring
telephone operators to retire earlier than other workers amounts to gender
discrimination, since most telephone operators are women. The Court considered
whether the requirement was in breach <strong>of</strong> the Gender Equal Employment <strong>Law</strong>, which
prohibits differential treatment on the basis <strong>of</strong> gender without reasonable cause.
The Postal Service employed a female telephone operator who was subsequently
transferred to the appellant, the Korea Electric Power Corporation. The transfer
occurred when the electrical communications work <strong>of</strong> the Postal Service was taken
over by the appellant. The appellant had a mandatory retirement regulation [“the
regulation”] for telephone operators requiring them to retire at the age <strong>of</strong> 53, although
in most other positions there was a mandatory retirement age <strong>of</strong> 58 years. The appellant
asked the female employee to retire in accordance with its regulation when she reached
the age <strong>of</strong> 53. She claimed that she had been unfairly dismissed. The Trial Court held
that a review for relief from the unfair dismissal should be conducted. The appellant
appealed from that decision.
The respondent, the Commissioner <strong>of</strong> the Central Labour Commission, argued the
regulation indirectly discriminated against women because it set a lower retirement
age for telephone operators employed by the appellant, an overwhelming majority
<strong>of</strong> whom were women. The respondent claimed that having a different mandatory
retirement age for telephone operators amounted to discrimination against women
because it limited their right to work.
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