Human Rights Watch (HRW) recently published a report that places a critical lens on South Korea’s age-based employment regulations, which have been flagged as systematically discriminatory towards older workers. The report argues that these laws contravene international human rights standards by embedding age-based discrimination into the fabric of South Korean labor practices. According to the report, the country’s employment policies, including mandatory retirement ages and regressive wage structures, are in violation of international law. Detailed insights and the full report are available in the HRW report.
The investigation involved consultations with diverse stakeholders such as researchers, union representatives, and civil society members. Interviews with 34 South Korean workers, aged between 42 and 72, further supported the claim that these age-specific labor policies disproportionately affect those over 50. These practices are prevalent in both public and private sectors, reinforcing age as a key factor in hiring, promotions, and retirement decisions. Consequently, older workers face economic insecurity, an issue amplified by South Korea’s rapidly aging demographic, as highlighted by Statista.
Despite the issue’s magnitude, the nation lacks comprehensive legislation against age discrimination. For instance, the Labor Standards Act allows for mandatory retirement, often forcing early exits before the legal retirement age of 65—when public pensions become accessible. The report found older workers, particularly those over 60, earn 29% less on average than their younger counterparts and are led into lower-paying, precarious employment, a practice unraveled as occupational segregation.
HRW Senior Researcher Bridget Sleap criticized South Korea’s existing frameworks for ostensibly intending to protect but rather excluding older workers from equitable employment opportunities. Sleap emphasized that these policies compel older workers into marginal, less secure jobs, merely due to age. More on her statement can be found here.
The report urges the South Korean government to align its policies with international standards, such as those outlined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), ratified by South Korea in 1990. It calls for the implementation of anti-discrimination legislation and enhanced enforcement mechanisms to support older workers navigating the job market.
The HRW’s findings present crucial considerations for legal professionals and policymakers, particularly against the backdrop of South Korea’s demographic challenges, including having the lowest fertility rate globally. Additional demographic details can be accessed via a BBC report.
This report surfaces amid a year marked by pivotal judicial decisions in South Korea, including a recent Supreme Court ruling ordering Japanese firms to compensate former victims of wartime forced labor. This underscores the broader regional reverberations of employment and human rights issues in South Korea and beyond. For more information on this ruling, click here.