Is Night Duty by Men Only Not Discrimination? Reasons Behind the Growing Debate

Human Rights Commission, "Benefits Given for Night Work and Indoor Work... Not Unreasonable"
"Women Vulnerable to Safety Issues" VS "Sexism Viewing Women as Passive Beings"

[Asia Economy Reporter Park Hyun-joo] Controversy is spreading over the decision by the National Human Rights Commission of Korea (NHRCK) that "it is not discrimination for only male employees to perform night duty."

Kim Won-jae, head of the Sexual Rights Center, who opposes the NHRCK decision, argued on the morning of the 21st on CBS's "Kim Hyun-jung's News Show" that it is inappropriate to assign only male employees to tough tasks such as night duty. On the other hand, Choi Mi-jin, a reporter from Labor Solidarity, emphasized that "we need to rethink the very frame of 'who between men and women should bear more labor burden'" and that the overall burden of overwork should be reduced.

Recently, the NHRCK dismissed a complaint from a male employee A at a financial institution who claimed that "only male employees performing night duty is unreasonable." The night duty at the financial institution mostly involves indoor work inside the duty room except for one patrol, so it cannot be considered particularly more strenuous than day duty. Moreover, since a four-hour compensatory leave is granted after night work, it is difficult to see it as significantly disadvantageous to male workers.

Meanwhile, the NHRCK stated, "In unequal gender power relations, women may be vulnerable to risks such as violence, and we cannot overlook the fear and anxiety women experience at night." It recommended, "If the number of female employees increases and security facilities improve so that women have no difficulty performing night duty, it is desirable to organize duty shifts without gender distinction."

Kim, who expressed opposition to the NHRCK decision, claimed that tough tasks such as night duty are being assigned only to men. He explained, "The issue of night duty gender discrimination became a topic among young people because of the stereotype that only men are assigned to night duty. There is a perception that men are given difficult, cleaning, and annoying tasks."

Kim further stated that the difference in safety vulnerability between women and men is not significant enough to determine whether to assign night duty. He argued, "The complaint came from a financial institution, specifically an IT data center. In Korea, incidents at financial institutions are rare, and such incidents do not occur at night."

He said, "Since such incidents have not happened so far and are unlikely to happen in the future, implementing and deciding on policies that discriminate against men violates the principle of proportionality established by the Constitution."

He also claimed that the male night duty system is discrimination against women. He said, "The decision is based on the premise that women are weak and need protection. Rather, women's organizations should come forward and condemn this. Night duty can bring additional pay and advantages in promotion. If the rules apply only to men, it could limit women's income and promotion opportunities."

Regarding the claim that night work can increase miscarriage and stillbirth rates and harm women's health, he suggested alternatives: "For childcare issues, parental leave systems are in place, and for pregnant female employees, the night duty system can be managed considering that."

On the other hand, Choi Mi-jin, a reporter from Workers' Solidarity who agrees with the NHRCK decision, believes that differences in physical and social conditions between men and women should be considered. He argued, "Considering the physical and social differences between men and women is true equality, and ignoring this only increases the labor intensity for female workers."

He also said that those opposing the NHRCK decision overlook the safety issues of female workers. He emphasized, "In cases like the Sindang Station incident, many people were shocked and terrified. Safety issues should be addressed not based on how many incidents have actually occurred statistically, but by preparing for the possibility that such incidents can happen anytime." Imposing night duty without measures to protect women, who are more vulnerable to safety issues, could further exacerbate various discriminations women face, including childcare burdens.

Regarding criticism that the NHRCK decision is based on sexist notions viewing women as passive and weak beings needing protection, he expressed concern, "If female night duty is forced in a situation where issues such as safety and other discriminations and burdens women already face in society are unresolved, it will further reinforce women's discrimination and burdens."

Choi emphasized the need to reduce overwork burdens. He said, "In a situation where discussions about abolishing night duty and reducing night work are emerging, men also need to reduce their overwork burden. We need to rethink the frame of who between men and women should bear more labor burden. Instead of shifting the burden from male employees to female employees, it should be resolved by shortening overall working hours and alleviating labor intensity through workforce supplementation."

This content was produced with the assistance of AI translation services.