[Recommedation] Non-Renewal of Fixed-Term Worker due to Parental Leave Plans is Discrimination
- NHRCK Recommends Re-evaluation of the Case and Establishment of Preventive Measures -
□ On April 27, 2026, the National Human Rights Commission of Korea (Chairperson Ahn Chang-ho; hereinafter "NHRCK") determined that a district office’s decision to terminate the contract of a fixed-term public official (hereinafter "the complainant") after she disclosed her plans to take parental leave following maternity leave constituted employment discrimination. The Commission recommended that the Head of the District Office form an independent review committee, including external experts, to conduct a fair re-evaluation of the case and establish measures to prevent recurrence.
Background of the Complaint
□ The complainant became pregnant around February 2025. In July of the same year, during a private consultation with her supervisors at the district health center (hereinafter "the respondents"), she shared her plan to take parental leave immediately after her maternity leave. The respondents informed her that extending her contract would be difficult due to her parental leave plans. While the complainant was on maternity leave, her contract was officially terminated in October, prompting her to file a complaint with the NHRCK alleging unfair treatment.
Response from the Respondent Institution
□ The respondent institution countered that the contract termination was unrelated to her pregnancy or parental leave plans. Instead, they argued it was based on complaints from colleagues regarding her general work attitude and lack of cooperation, which resulted in low performance evaluation scores and led to the natural expiration of her contract.
NHRCK's Decision
□ The NHRCK’s Committee on Discrimination Remedy (Chairperson: Standing Commissioner Lee Sook-jin) concluded that the complainat's intent to take parental leave heavily influenced her subsequent performance evaluation. The Committee identified several irregularities in the evaluation process:
- Pre-determined Termination: The complainant received notice regarding the expiration of her contract even before the performance evaluation was officially conducted.
- Procedural Flaws: New evaluation criteria were applied without prior notice, and her sudden low scores starkly contrasted with her consistently favorable evaluations over her previous five years of service at the institution.
□ Based on these findings, the Commission ruled the non-renewal of her contract as a clear act of employment discrimination based on pregnancy and the intent to use parental leave.
Conclusion and Recommendations
□ Accordingly, the NHRCK recommended that the Head of the District Office convene a fair review committee with external members to re-evaluate the complainant's employment status. Furthermore, the Commission mandated the establishment of preventive measures to ensure no further employment disadvantages occur due to pregnancy or parental leave, alongside mandatory human rights education on gender discrimination and maternity protection for all institutional personnel.
