"Despite UN Concerns Over 'Regression in Gender Equality'... Ministry of Gender Equality and Family Claims to Be 'Ahead'"

On the Day's Press Release: "Answered Sincerely"
Committee Members on Site Express Concern Over Regression in Gender Equality System
Civil Groups Criticize: "Only Repeating General Statements"
Legislative Status Pointed Out on Anti-Discrimination Law, Non-Consent Rape Crime, etc.

The United Nations (UN) expressed concerns about the overall situation of gender discrimination in South Korea and confirmed its intention to push for the enactment of an anti-discrimination law and the withdrawal of the plan to abolish the Ministry of Gender Equality and Family (MOGEF). However, the government presented an opposing stance, stating that "the laws and systems related to the elimination of gender discrimination are considered advanced."

On the 16th, MOGEF issued a press release regarding the results of the 9th substantive review of the South Korean government by the Committee on the Elimination of Discrimination against Women (CEDAW), held on the 14th at the UN Office at Geneva, Switzerland. It explained, "After the review, the committee members stated that 'the South Korean government's laws and systems related to the elimination of gender discrimination are quite advanced' and 'they highly appreciated the systematic and sincere responses to the committee members' inquiries.'

The UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the UN General Assembly in 1979, and South Korea acceded in 1984. Member states are obligated to submit national reports and undergo a review process by the monitoring committee.

However, the atmosphere on the ground appeared to differ from the government's explanation. During the review, concerns were raised about the abolition of MOGEF, the enactment of an anti-discrimination law, the introduction of a non-consensual rape law, and the overall situation of women's human rights in South Korea.

[Image source=Yonhap News]

Twelve women's civil society organizations, including the Korean Women's Associations United, Lawyers for a Democratic Society, the Coalition for the Enactment of the Anti-Discrimination Act, the Korean Sexual Violence Relief Center, and Korea Women's Hotline, which attended the session, stated in a commentary released the previous day, "Many CEDAW committee members expressed deep concern about the current government's attempt to abolish MOGEF, the regression of serious gender equality policy systems, and the anti-feminism trend in Korean society."

The committee members asked whether the government intended to withdraw the plan to abolish MOGEF, expressing concerns that such abolition would impose many restrictions on the practical promotion of gender equality policies and the strengthening of women's rights. In response, the government explained, "The current amendment to the Government Organization Act has been submitted to the National Assembly, and this amendment does not reduce MOGEF's gender equality tasks or functions but integrates them with the Ministry of Health and Welfare, the comprehensive social security department, to operate more efficiently."

Rather, the government emphasized the need to reorganize MOGEF by integrating it into other ministries. The government stated, "Gender equality policies can be more effective when organically integrated with social policies such as childbirth and parenting, health, income security, elderly, and disability. Many OECD countries integrate gender equality policies within ministries handling welfare and employment."

The committee also inquired about the lack of legislation on the anti-discrimination law. The UN Committee on the Elimination of Racial Discrimination recommended in 2007 that the South Korean government enact a comprehensive anti-discrimination law. The government responded, "We will form social consensus through constructive discussions in the future." Various questions were also raised regarding the protection of LGBTQ+ rights, but the government reportedly repeated its general position that social consensus is necessary.

The committee asked whether there were specific legislative plans regarding the 'non-consensual rape law,' which would amend Article 297 of the Criminal Act to consider consent in rape cases. Currently, under Korean criminal law, only sexual intercourse by force or threat is considered rape, but there is a suggestion that the victim's voluntary consent should be a constituent element of the crime. The government replied, "Introducing the non-consensual rape law would effectively shift the burden of proof to the defendant and could undermine women's will, so more in-depth discussions are needed."

[Image source=Yonhap News]

Regarding the issue of Japanese military 'comfort women,' the committee inquired about the implementation measures for the compensation rulings against the Japanese government and the amendment of the Japanese Military 'Comfort Women' Victims Support Act to prevent defamation and insults against the victims. The government responded, "We will respond based on the spirit of the 2015 Korea-Japan agreement."

The committee also questioned the situation where domestic violence is not effectively punished. According to statistics from the National Police Agency and others, the prosecution rate for reported domestic violence cases is less than 10%. The government gave a general response, stating, "All cases are referred according to the current Domestic Violence Punishment Act, and victims are protected through temporary measures."

Regarding the inquiry about the lack of specific systems for pregnancy termination following the Constitutional Court's 2019 ruling of constitutional inconsistency on the 'abortion crime,' the government said, "We have submitted amendments to the Criminal Act and the Maternal and Child Health Act to the National Assembly to protect fetal life while improving women's right to self-determination regarding pregnancy continuation or termination, and we plan to supplement related systems based on the revised laws after their enactment."

Women's civil society organizations stated about the review process, "The government only repeated its position that abolishing MOGEF does not reduce gender equality functions," adding, "The Gender Equality Committee was held only twice in 2023 through written meetings and has not been held even once in 2024, indicating that the gender equality policy promotion and coordination body is not functioning properly." They also criticized the government for "repeating only general statements without revealing concrete implementation plans regarding the anti-discrimination law enactment and the amendment of the 'comfort women' victims support law."

Meanwhile, Shin Young-sook, the acting minister of MOGEF, did not attend the review. In previous reviews in 2007, 2011, and 2018, the minister had represented the government. However, this time, officials from MOGEF, led by Kim Ki-nam, Director of Planning and Coordination, as well as representatives from the Ministry of Employment and Labor, Ministry of Justice, Ministry of Health and Welfare, and Ministry of Foreign Affairs attended.

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