Differential compensation for facial scars infringes on the right to equality(11-29-2002)
The National Human Rights Commission recommended to the Minister of the Labor Ministry to revise pertinent articles, concluding that Article 31 of the Industrial Accident Compensation Act infringes on gender equality under the Article 30 of the National Human Rights Commission Act.
According to the examination result of the NHRC, it is stipulated that women can receive a higher compensation for the same injury than men in Article 31 of the Industrial Compensation Act. “Standards for judging the compensation rate for facial scars,” which was published by the Korean Labor Welfare Corporation are base on the incorrect notion that women would suffer from greater mental frustration than men if they suffer from the same injuries.
However, the NHRC pointed out that there is a medical validity in the different compensation system by sex, through the advice of experts on industrial accidents and medical care.
The NHRC suggested that compensations for facial scarring should be determined, considering social and economic disadvantage as well as mental and psychological pain of the individual. The Korean Labor Welfare Corporation had also demanded that the Labor Ministry revise the law, considering the societal changes which even men makeup. Thereupon, the Labor Ministry is making the revision of the pertinent articles.
There are no differences based on sex in the enforcement ordinance for National Compensation for damage, which is similar to those of the Industrial Compensation Act. The standard estimated by McBride way and the standards of American Medical Association (AMA) do not stipulate about the scars.
The complainant (male, 39) in this case, identified as Kwak, received compensation in March of 2001, after being attacked by a passenger in June of 2000. Kwak, a male taxi driver, received 4.3 million won, while a female victim suffering from the same injury could have received over 21 million won.
Therefore, Kwak filed the complaint against the Labor Ministry and the Korean Labor Welfare Corporation to the NHRC. The NHRC decided to reject this case because the
two Committees of the Ministry labor had already dismissed a petition for a retrial in June of 2001.
According to subparagraph 5 of Article 32, in case of a trial at court, a criminal investigation by an investigation agency or a procedure for the relief of rights under any other act is in progress or terminated, the Commission shall reject a petition.
