Jurist South Korea job laws discriminate against older workers, report finds

[Dadparvar]

Human Rights Watch (HRW) released a report on Tuesday criticizing South Korea’s age-based employment laws and policies, finding that they systematically discriminated against older workers in violation of international human rights standards.

The report cites South Korea’s mandatory retirement ages, regressive wage structures, and re-employment practices as violations of international law. In compiling the report, HRW consulted 41 researchers, union representatives, civil society organizations, nongovernmental organization representatives, one journalist, and interviewed 34 South Korean workers aged 42 to 72 years. Additionally, HRW reviewed current legislation to help illustrate the personal and financial toll that South Korea’s policies have had on older workers. The report findings revealed that both public and private sector employers routinely use age as a key criterion in job postings, hiring decisions, promotions, and mandatory retirement, which disproportionately affects workers over the age of 50. The organization also stated that such practices undermine older workers’ right to work while perpetuating economic insecurity among South Korea’s rapidly aging population.

HRW Senior researcher on the rights of older people Bridget Sleap stated:

South Korea’s laws and policies to protect older workers from age discrimination actually do the exact opposite. They deny older workers the opportunity to continue working in their main jobs, pay them less, and push them into lower-paid, precarious work, all just because of their age. The government should stop punishing workers for getting older.

The report noted that South Korea has no comprehensive legislation prohibiting age discrimination in employment. The country’s Labor Standards Act permits mandatory retirement policies, forcing many employees into early retirement before reaching the legal retirement age of 65 when they can access public pensions. The report also found that on average, workers over the age of 60 earned 29% less than younger workers, and that re-employed workers were concentrated in low-paid occupations, leading to occupational segregation, which amounts to discrimination.

In light of these findings, HRW called on the South Korean government to enact anti-discrimination legislation to align with international standards under the International Covenant on Economic, Social and Cultural Rights (ICESCR), which South Korea ratified in 1990. The organization also urged the government to strengthen enforcement mechanisms and provide support for older workers seeking to remain in or re-enter the workforce.

South Korea currently faces mounting demographic challenges, including the lowest fertility rate in the world and a “super-aged” population, making the state of its employment and labour laws increasingly critical. Statistics show more than 20% of the population is aged 65 or over, and the country’s fertility rate is currently the lowest in the world at approximately 0.72 births per woman.

The report follows a South Korean Supreme Court ruling in early 2024 ordering Japanese companies Hitachi Zosen Corporation and Mitsubishi Heavy Industries to compensate former victims of forced labor during World War II. This also comes after a European human rights court found that Russia committed grave international law violations in Ukraine by forcing detainees to perform de-mining work.

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