<country report>

Women in Korea: Achievements and Challenges

Choi Young Hee, President, Korean National Council of Women 

Since the late 1980s, when women's policy became a formal part of the national policy agenda, the social status of women in Korea has steadily improved, particularly in the 1990s with the implementation of active measures to promote women's rights and welfare. Beginning in 1996, to expand women's participation in society, target quotas for the recruitment of women in public service along with women's presence in various government committees have been implemented, and a three-year 1995-97) plan to expand and strengthen child-care facilities for working mothers has been carried out. The legal framework for the protection of women's rights and the realization of gender equality has been strengthened with the passage of the Law on Prevention of domestic violenceЎ¤, along with amendments to the Special Law on Sexual Violence and the Nationality Law. Furthermore, the first five-year (1998-2002) Basic Plan for Women's Policy has gone into effect this year.
However, under the current economic recession and soaring unemployment following the corporate restructuring   that  has  been 
mandated by the bailout agreement with the IMF, women workers  have 
been the first victims  of massive lay-offs  and are faced  with a great 
deal of insecurity in the work place.   The budget for women's policies 
are being  cut  in favor   of programs  for the   unemployed.  The  gap 
between the laws and the reality in women's status remains very wide.

I.  Women's Policies after 1996

   1. Legislative Advances

   * Basic Law on Women's Development 
        (passed in 1995 and entered into force in 1996)

   Amidst  heightened  public  awareness  on  women's  affairs  in  the 
aftermath of the 4th World Conference on  Women in Beijing, the Basic 
Law on Women's Development was passed in December  1995 and went 
into effect on July 1 the following year.  The  Law has institutionalized 
gender equality as an  abiding principle in  all areas of  public life, and 
has served as  the basis for  the fundamental reorientation  in women's 
policy from a focus  on women and families  in need of  protection to a 
more universal concept  of women's welfare.     Furthermore, the Law 
recognizes  the  central  role  of  NGOs   in the   realization of   gender 
equality.  In accordance  with the Law,  a Women's Development  Fund 
has been  created as  well as  the 1st  Basic Plan  for Women's  Policy 
(1998-2002).  However, in the process of writing the Law, the views of 
the diverse  women's  organizations were  not  fully reflected,   and the 
Law  continues  to  lack   concrete directions   for  policy  making  and 
implementation.  Thus,  women's organizations  have been  pushing for 
further amendments.

   * Nationality Law (amended in 1997)

       Before the  amendment, the  Nationality Law  was based  on  the 
principle of  paternal lineage,  by which  only  children born  to Korean 
fathers became Korean.  As  a result, children born  to Korean mothers 
wed to foreign men, who had come to  the country in large numbers as 
industrial workers, were left without a nationality.  Thus, the Law was 
amended to allow for maternal lineage as well, thank in large  measures 
to the efforts of women's organizations that fought against the paternal 
lineage  principle  as  being  blatantly  discriminatory.  The  amendment 
went into effect in  June this year,  and  children with either  father or 
mother of Korean nationality are now entitled to citizenship.   Women's 
rights and the status of  mixed blood children have also  been enhanced 
as a result.

   * Special Law on Sexual Violence (amended in 1997)

   First enacted in 1993, the Special  Law on the Punishment of  Sexual 
Violence and Protection of Victims was amended in July 1997 to lift the 
requirement of self-report by victim in indicting sexual offenses against 
minors under   thirteen years-of-age  and  to  toughen the   punishment 
against  such  crimes.   The  amendment  has   also made   it a   legal 
obligation of the  authorities of  facilities for  the protection,  education, 
and treatment of children under eighteen  years-of-age to report crimes 
committed  against  the  children  to   law enforcement.    It has   also 
expanded the extent of  family lineage, thus  opening the way  to indict 
sexual violence committed by a stepfather against his adopted children. 

   * Legislation against domestic violence (1997)

   On July 1, 1998, the Special Law on  Punishment of domestic violenc
eЎ¤ Crimes   and the  Law on   Prevention of  domestic  violenceЎ¤ and 
Protection of   Victims went  into  effect.   The legislation   was made 
possible by the  growing public  awareness that  violence in the  family 
should no   longer be  treated  as a   private matter  and  society  must 
intervene in this increasingly serious social problem.  The laws obligate 
the police to  appear at  the scene  right away and  investigate when  a 
case of domestic violenceЎ¤  is reported.  The  police also have to  take 
appropriate measures such as assisting the victim to  take to the doctor 
and/or the counselling  center, if necessary.  The offender is  subject to 
the family  protection order,  such as  off limit,  limit on   their custody 
rights, probation, public service, counselling, etc. 

   2.  Reorganization of Government Machinery for Women's Policy

   * Presidential Commission on Women's Affairs

    Upon  inauguration  in  February  1998,  the  new   government has 
promptly  set  out  reorganizing  the  national  government  for  greater 
efficiency and  transparency in   public administration.  A   part of the 
change has been the  closure of the Ministry  of Political Affairs (II)  - 
in  charge   of  women's   affairs  but   without  portfolio   -  and   the 
establishment of a Presidential Commission on Women's  Affairs.  Also, 
in  the  six  Ministries   of Justice,   Public  Administration  and  Local 
Autonomy,  Education,  Public   Health and   Welfare,  Agriculture   and 
Forestry, and Labor, a new position has been created respectively  for a 
new   Officer  in   Charge  of   Women's  Affairs.    The  Presidential 
Commission on Women's  Affairs advises the  President.  Composed  of 
the  Vice   Ministers  of   six  related   Ministries,  experts   and  NGO 
representatives, the Commission deliberates policies on  women's affairs 
and coordinates the work of the relevant Ministries  with the assistance 
of a   40-member Secretariat.    The Chairperson  of  the  Commission, 
however, is not a member of the Cabinet, unlike the former  Minister of 
Political Affairs (II). 

   * 1st Basic Plan for Women's Policy (1998-2002) 

   The Basic Law on  Women's Development mandates the  government 
to draft a  basic plan  for women's  policy every  five years.   The 1st 
Basic Plan for 1998-2000 is a comprehensive  national plan, offering the 
basic framework and  direction for  women's policies  for the next  five 
years.  It spells out  six strategies - institutional  reform and women's 
representation,    strengthened   support    for   women's    employment,    
expanded   educational   opportunities   for   women's   competitiveness, 
strengthened   support  for   women's  cultural   and   social  activities, 
consolidation  of   women's  welfare  services,   and  women's  role   in 
international cooperation  and national  unification -  and twenty  policy 
tasks to be fulfilled.

   * Women's Development Fund

   The  Women's  Development   Fund finances   projects  designed   to 
promote gender equality and women's development.  In accordance with 
the Basic Law on Women's Development, the Fund was first created in 
1997 with   the goal  of  securing 100   billion won  by  the year   2001.  
Financial support   for women's   projects are  made  from  the  Fund's 
interest earnings.  The initial plan was to allocate 10 billion won of the 
government's budget  every year  for the  Fund.  But  due to  financial 
difficulties, only  5 billion  won in  1997 and  another 5  billion in   1998 
have been secured.  In 1997, the Fund's interest earnings  were used to 
support the projects of twelve women's organizations.

   3.  Women's Employment

   *  Enhancing Women's Vocational Abilities

    The   number    of   government-established   "Working    Women's 
Centers", offering women various vocational training, is being increased 
from 17 in  1997 to  25 in  1998.  Financial  support for  the centers  is 
being strengthened so as to  transform them into one-stop training  and 
job   placement   centers   for  women.    Public   vocational   training 
opportunities for   women are  also being   expanded by  increasing the 
percentage of  women recruits  in the  various public  training facilities 
from 15% in 1997 to 20% in 1998  and by establishing new programs in 
information and communication technology, electronic publishing, fashion 
design, jewelry craft,  computer animation and  other fields suitable  for 
women.  For housewives  wishing to  find work outside  the home,  six 
vocational training  centers offer  programs  specifically suited  to their 
needs.

    * Expanding Child-Care Facilities

      Between   1995   and   1997,   the   government   made  concerted 
investment to establish child-care facilities  around the country.  As  of 
September 1997,   there are   1,130 national   and public   centers, 7,603 
private establishments,  153 work  places with  in-house nurseries,  and 
5,641  homes  made  into  nurseries  for  a   total of   14,627 child-care 
facilities accounting for 504,371  children.  In 1998,  the focus has  been 
to increase  the number  of in-house  nurseries in  work places  and to 
upgrade the existing facilities.

   * Incentives for Women's Employment

   Beginning in  1997, the   government offers incentives  to  companies 
that rehire  women  who are  returning  to the   work force after   child 
bearing and nurturing years.  
   To deal with the soaring number  of women workers who have been 
layed off  in the   current economic recession,  beginning  in September 
1998 the government will offer 1/3 of the pay to large  corporations and 
1/2 of   the pay  to  small businesses   that employ  women  who must 
financially  support  their  families.   A  special  training  program  for 
women heads-of-household  will  also be   established, with  a monthly 
allowance of a  maximum of  400,000 won  and the  tuition fee  of each 
trainee being met entirely by the government.  
   Beginning on August  17, 1998,  in the  2nd phase  of public  service 
works designed to mobilize the unemployed, work categories particularly 
suited to women will  be added, such  as paid service in  social welfare 
facilities, home-care services, traffic safety workers, etc.

   4.  Social Participation of Women

   * Women's Presence in Government Committees

   In   November   1995,   the  presidential   advisory   commission   on 
globalization selected   ten policy  tasks  aimed at   expanding women's 
social participation.    The tasks  have  since  been steadily   promoted, 
including some  temporary  affirmative action  measures  such as   fixed 
targets for  women's presence  in various  government committees   and 
recruitment in public service.
   In  government  committees, the  goal is   to gradually increase  the 
percentage   of   women    in   committee   membership   to   30%,   as 
recommended by the  United Nations,  by the  year 2002:  10% in  1996, 
13% in 1997,  and 15%  in 1998.   The new government  readjusted the 
target for 1998 to 20%.      

   * Women's Participation in Public Service

   To   expand   women's   participation    in   public   service,   target 
recruitment percentages for women have been  established, first in 1996 
for the recruitment of 5th and 7th rank officials.  The initial plan called 
for 10% in 1996,  13% in 1997,  15% in 1998,  18% in 1999, and  20% in 
2002 for 7th rank.  However, the Ministry of Public  Administration and 
Local Autonomy adjusted the plan to achieve 20% in 1999.  The system 
will be  expanded to  include 9th   rank positions in  national and   local 
offices.
   Furthermore, since  1995 civil  servants,  both women  and men,  are 
able to take  extended leave  from work for  child-care or  other family 
matters.  The leave is  for a maximum of  one year for the  care of an 
infant under one year-old or for a family member in  need of long-term 
nursing care. 
   Meanwhile, in public enterprises, "incentives" have been introduce  to 
encourage the employment of workers, but the results so  far have been 
unimpressive.

   * Women in the Military Academies

   In the past, military academies were  closed to women.  In 1997, the 
Air Force Academy opened  its doors, and  in 1998 the  Army Academy 
did the  same.  The  Naval Academy  is to  follow suit  in 1999.   The 
military is  also  drafting a  mid  and long-range  plan  to nurture  and 
utilize women soldiers and officers.

   5.  Women's Rights and Welfare

   * Fighting Violence against Women

   To protect  women  from violence,  which  the low   social status of 
women is conducive to,  the Law  on Prevention of domestic violenceЎ¤ 
was passed  and  the Special   Law on  Sexual Violence  amended.   In 
addition to legislative remedies,  protection  facilities for the victims  of 
violence have been expanded.  As of 1998, there are 38 Sexual Violence 
Counselling Centers   around the   country, 13  of  them  with  financial 
assistance from the government for operational costs.  As of the end of 
1997, there are three facilities for victims of sexual violence,  and seven 
shelters in  large cities   offering a maximum   of 30-day protection   to 
women and their children who are victims of domestic violenceЎ¤.
   Meanwhile,   to   offer   the   government's   direct  protection   and 
assistance to the  so-called "comfort  women", now  elderly ladies  who 
had  been  made  sexual  slaves  under  that  misguiding  name  to  the 
Japanese military troops during its imperial past,  a  law was passed in 
1993.  As  of the  end of  1997, 158  such victims  are receiving  living 
allowances  of  500,000  won/month  as  well  as  right  to  government 
housing and force medical care.

II.  Present State of Korean Women

   Thanks to the  above-outlined efforts of  the government, the  status 
of women in  Korea has improved  a great deal.   However, women are 
hardly present in  the policy-making process,  and rising unemployment 
in the present economic recession threatens the  livelihoods of countless 
women.

   1.  Women's Participation in Politics and Policy-Making

   Despite their  high educational  level and  active participation  in the 
economy,  Korean   women  rank   very  low   in  the  political   sector.   
According to the UNDP's 1997 Human Development Index, Korea  ranks 
73rd   among   the   surveyed   countries   in   terms  of   the   Gender 
Empowerment Measure.  

   * Political Participation

   Women's presence in the political sector remains very low  in Korea.  
At present, of the  299 members of the  National Assembly only  11 are 
women (3.68%),  a small increase from the seven (2.3%) of the previous 
14th Assembly (1992-1996) but still  far below the global average.    In 
the  local   levels also,   the  newly   elected councils   (for  1998-2001) 
maintain  the  low  level  of   women's participation   at 5.7%   for  the 
provincial councils and 1.6% for  the county councils, representing little 
gain from   their predecessors   (for 1995-1998).    In the   proportional 
representation  seats  for  the  provincial  councils,   there has   been a 
setback - from 44.3% in 1995 to  36.5% in 1998, a great disappointment 
for women's   organizations that   had urged   the political   parties for 
women quotas. 

   *  Exclusion of Women from High-Level Policy-Making Process

   The  government  of   President Kim   Dae  Jung  had   promised to 
introduce quotas for women and to expand women's participation in key 
decision-making posts   at both   the national  and  local  levels.   The 
promise has not been met yet.  Among  the 17 members of the cabinet, 
only two  are women.   There  is not  a single   women Vice Minister.   
Among the six  senior secretaries  in the  Presidential Office,  again no 
women. 
   Target  percentages  have   set for   women's  presence   in various 
committees affiliated with government ministries and offices.  But as of 
the end   of 1997,   women account   for only  11.1%  of  all  committee 
memberships, less than the goal of  13%.  Women account for 27.9% of 
all civil  servants,  but they  remain  concentrated in  the  lower ranks. 
Despite the established targets  for women's recruitment in  high public 
service, women  account for  only 2.5%  of the  higher positions  of 5th 
rank and above.         
   
   2. Economic Participation

   * Discriminatory Lay-Offs of Women Workers 

   As of the end of 1997, women account for 49.5% of the economically 
active population.  However, of the  workers employed for less  than 36 
hours/week, 61.3% are women, indicating that the  employment situation 
for women   in general  is very   unstable.  The  situation has   further 
deteriorated with   the sweeping   reforms in  the  economic  sector,  as 
mandated by the  agreement with  the IMF.    Corporate restructuring, 
factory closures, and bankruptcies have  led to massive lay-offs.   With 
the  conception   that men   are   the bread-winners   and   women are 
homemakers  still  prevalent  in  society,  women  workers  have  fallen 
victim to   discriminatory, unjust  dismissals.   In January   1998,  the 
Ministry of Labor opened windows  at all of its local  offices to receive 
petitions from women  workers who had  been unjustly layed  off.  But 
the program   has been  ineffective  due to   lack of  publicity  and  the 
difficulty in defining what counts as discriminatory standards in lay-off 
decisions.  The  lack  of expertise   and gender  awareness among   the 
supervising officials has also been  an obstacle.  At present,  employees 
at work places with five  or more regular paid  workers are covered by 
employment   insurance.    But   many  women   work   part-time   or 
temporarily in   smaller companies  and  thus are   not covered  by  the 
insurance.  

   * Vocational Training for Women  

   There are numerous  establishments providing vocational  training to 
women, such  as "Working  Women Centers",  "Women's Centers",  and 
"Women's  Development   Centers".  However,   most   are limited   to 
short-term programs designed  for low-income workers.   Programs for 
women professionals are lacking.
   Public vocational  training  centers in   general have  expanded their 
reeducation  and  reemployment  programs   for the   rising  number  of 
workers  layed   off under   corporate   restructuring.  But   most   are 
indistinguishable  and   insensitive  to   the  special   needs  of  women 
workers.  There is a lack of diversity, and job  placement after training 
is ineffective.  As of  the end of  May 1998, only 12.3%  of all trainees 
that received reemployment  training actually  found employment.   The 
rate would be even lower for women.

   3. Human Rights and Welfare

   * Violence against Women

   The magnitude of sexual violence  against women continues to grow 
in Korea.  Between January and  March 1998, 2,158 cases of  rape were 
reported, representing a 12.7% increase from the  same period last year.  
Given that sexual crimes more often than not  go unreported, the actual 
number of victims will be enormous. 
   In particular,   with social  discontent  intensifying in   a contracting 
economy, the problem of battered wives is becoming even more serious.  
domestic violenceЎ¤ counseling centers have  reported a doubling in  the 
number of cases dealt with this year.

   * Unemployment of Low-Income Women

   The effect of being layed off is most keen on workers who had been 
the breadwinners of their families.   The number of such  people out of 
work has soared from 25,000 (1.3%) in 1996 to 85,000 (4.9%) as of April 
1998.  Of  them,  60,000 are   women heads-of-household  without help 
from  other  family   members.  Most   of  them   had been   employed 
part-time or   temporarily by   small firms  not  covered  by insurance.    
They require special measures.

III.  Future Tasks

   The guiding principles in  the 1st Basic Plan  for Women's Policy is 
promotion of gender equality, expansion of women's social participation, 
and the strengthening of women's welfare.   The legal and institutional 
framework for women's development  has been greatly  improved.  The 
challenge is to  apply it  to everyday  life.  In  short, the  task for  the 
future will be to close  the gap between de jure  and de facto status of 
women.  In particular, women NGO's  must strengthen their monitoring 
function to   ensure that   the government's  committment  to  women's 
policies and  the  allocated resources   remain firm  in the   face of  the 
present economic difficulties.
    The following   are some   suggestion for   continued advances   for 
women in Korea.

   1.   The  Presidential  Commission  on  Women's  Affairs  must  be 
strengthened.

   Newly established in 1998, the Presidential  Commission on Women's 
Affairs does not have any legislative  or judiciary authority, but merely 
advises the President on women's policy.  The Basic Law  on Women's 
Development must  be amended  to  give the  Commission semi-judicial 
and semi-legislative powers.  Only then will it be  able to carry out its 
mission as the government body in charge of women's policies.   

   2.  The budget for women's policies must be increased.

   In the 1998  government budget,  a mere 0.23%  is accounted  for by 
projects relating  to women.   The  assistance provided  to low-income 
women workers  and other  needy women  remains at  a minimal  level, 
reflecting  the  dominant  tendency  of  policy-making   to give   a low 
priority to women. 
   To mainstream women's  policy, the budget  for the  related projects 
must be expanded,  despite the  present economic  hardship.  The  fund 
must be   secured for   society to   share the   cost of  child-birth  and 
nurturing, as  well as  to effectively  implement the  laws that  call for 
counseling centers and  shelters for  the victims  of violence  and other 
abuses.  The Women's Development Fund must be secured in full.

   3.  Women's  participation  in politics   and policy-making  must be 
expanded.

   Temporary  affirmative  action  measures  must  be  implemented  to 
increase women's participation in the public sector, which remains very 
low despite the significant  gains for women in  other areas.  Based on 
this principle, the Korean National Council of Women has called for the 
following reforms in  the political  sector.  The  present single-member 
electoral district  system in  the National   Assembly elections must  be 
replaced   with   a  multi-member   district   system   along   with  the 
introduction of   a proportional  representation  system  whereby  voters 
vote for both individual candidates and political parties.  While reducing 
the  number   of representatives   directly  elected   from districts,   the 
percentage allocated  to women  in proportional  representation must  be 
set at  30% or  above.  The  necessary changes  must be  made in  the 
relevant laws.   Furthermore, the  target  for women's  participation in 
government  committees  and  recruitment  in  public  service  must  be 
increased to 30% by the year 2000.

   4.   Women's   employment must   be   expanded with   preferential 
measures.

   So far, the incentives offered to public enterprises  to employ women 
have been ineffective.  To rectify the  situation,  recruitment of women 
and  the  increase/decrease   therein must   be  made  an   item in   the 
evaluation of  the  management performance  of  the public  enterprises.   
The evaluation  should  serve as  the  basis for  financial  benefits, tax 
breaks, and  other  incentives to   further encourage  the firms   to hire 
women.
   In  accordance  with  the  government's  strategy  for  labor  market 
flexibility,  a law was passed  on February 1998 that  opened the doors 
wide for firms  to replace regular  workers with non-regular  temporary 
workers,  thus  aggravating  the   instability in   women's employment.    
Specifically, the  law makes   legal "dispatch services",  companies  that 
specialize in loaning out personnel for  work, which are generally taken 
up by women workers, such as computer assistants, teaching assistants, 
secretaries, typists, nurses, and nannies.   The result is expected  to be 
greater insecurity for women workers.

   5.   The  cost  of  child-birth  and  care   must be   shared by   the 
government.

   At present, the cost of  maternity and child-care leave  for a woman 
employee is shouldered almost entirely by the employer.  Companies are 
thus reluctant to hire women, and  women are the first to go  when the 
times get hard.   Thus, measures  must be  worked out  for the  public 
sector to share the cost.  Aware of this need,  the new government has 
included it among the 100 national tasks for  1998.  Concrete action has 
yet to come.

   6.  Unemployment measures for women must be strengthened.

   Women are layed off  far more easily  than men, and once  layed-off 
women face   a much   harder time   of finding  reemployment.   Thus, 
supervision over  unfair,  discriminatory dismissal   of women  must be 
strengthened with  the number  of supervisors  greatly increased.   The 
standards for  supervision  must be   clearly spelled  out, and  those  in 
violation  given  due  sanctions.   For  unemployed  women,  vocational 
training must be  strengthened and  effectively linked  to reemployment 
opportunities.

   7.  Women's welfare services must be improved.

   During the   past decades,   social welfare   provisions have   greatly 
expanded  in   Korea,  but   gender equality   has   not  been   a major 
consideration.   Women  who  work  in  the  unremunerated,  unofficial 
sectors of society  remain excluded  from the  national pension  system.  
The support for low-income single-parent families is only enough for a 
minimum level  of survival.   Welfare provisions  in general  should be 
upgraded, and this in a way that fully incorporates women's needs.

   8.    Women's  rights   and  gender   equality  education   must  be 
strengthened.

   Despite the laws against  gender discrimination and  violence against 
women, women's   rights continue  to be   violated and  women  remain 
generally ignorant of the laws and the judicial process.  In some cases, 
the laws are flawed, but the lack  of a gender perspective and publicity 
in society is  the more  serious problem.   Law enforcement authorities 
must be educated in the gender perspective.  From the earliest years of 
school, the formal educational curricula must include gender equality  as 
a fundamental value and reflect the changing status and roles of women 
in society.  Furthermore, the mass media must continue to be monitored 
for  discriminatory   content  and   urged  to   mainstream  the   gender 
perspective in program production and personnel decisions.

   9.    The   laws  must   continue   to   be  amended   to   eliminate 
discrimination.

   The legal status of women in Korea has been greatly enhanced since 
the 1980s,   as discussed  in  Part  I.  However,   "the household   head 
system", a remnant  of the traditional  male-dominated society, remains 
in  the   civil  law,   perpetuating  the  preference   for  boys   and  the 
submission  of  women   in social   practices.   The  system  must   be 
amended.  The Equality Employment Law should also be amended so as 
to   provide   the   legal   foundation   for   sanction   against   indirect 
discrimination,  and   to  include   provisions  for   the  prevention   and 
punishment of sexual violence in the work place.