South Korea’s Act on Fair Procedures for Employment seems, on its surface, to be a progressive piece of legislation. It aims to safeguard job seekers from undue pressure, demands for irrelevant personal information, and bribery during the recruitment process. But upon closer examination, one finds it falls critically short in protecting a vulnerable section of the working community: TEFL teachers employed in small-scale institutes, often with fewer than 30 employees.
What is the Act on Fair Procedures for Employment?
In a nutshell, this law prohibits various forms of misconduct, such as requesting irrelevant personal information from applicants or exerting undue influence during the recruitment process. Those who violate this law are subject to a fine of up to 30 million won (approximately $25,000).
What Changed?
The law has been revised to ensure greater fairness and protect the rights of job seekers across public and private sectors. It aims to provide equal employment opportunities by ensuring that factors like appearance, family ties, and geographical origin don’t play a role in the hiring decision.
Who is Covered? Who is Not?
The legislation applies to businesses or workplaces employing 30 or more people, as well as public organizations and local government bodies—except those hiring civil servants. Here’s where the loophole appears: smaller establishments, including a majority of TEFL workplaces, fall outside the scope of this law.
The Good, The Bad, and The Unprotected
- The Principles: Fairness in employment is the cornerstone of this law. It condemns practices that interfere with a company’s independent hiring decisions.
- Exceptions: The law does make allowances for “simple information provision and talent recommendations,” as long as they don’t harm the fairness of recruitment.
- Penalties: A fine of up to 5 million won (about $4,200) can be levied for demanding irrelevant personal information from applicants, with an incremental increase for repeated violations.
- Limited Scope: The act lists specific types of personal information that cannot be collected, leaving a gray area for other types of data.
A Flawed System
There’s a glaring inequity here. Most TEFL teachers find employment in small language schools or hagwons, which typically have fewer than 30 employees. These teachers are thus left exposed to potential abuses in hiring procedures, from being judged on irrelevant criteria like appearance to being subjected to various forms of pressure or bribery.
The Uncomfortable Reality
The Act on Fair Procedures for Employment is undoubtedly a step in the right direction. However, its limited scope leaves much to be desired, especially for TEFL teachers. It’s high time for a re-evaluation and expansion of the law, one that doesn’t leave behind those working in smaller establishments. As it stands, this law provides a veneer of protection while leaving some of the most vulnerable out in the cold.
The Need for a Comprehensive Anti-Discrimination Law
While the Act on Fair Procedures for Employment serves as a targeted approach to certain employment issues, it highlights the greater need for a “포괄적 차별금지법” or Comprehensive Anti-Discrimination Law in Korea. This proposed law could raise societal awareness about pervasive discrimination and offer protection in areas beyond employment, fostering a more equitable society for all.
For a nation striving to be at the forefront of fairness and equal opportunity, these loopholes are not just oversights—they’re injustices that need urgent redress.
