Korean companies fail to safeguard future mothers despite low birthrate

The government has been trying to raise the country’s low fertility rate, but this case shows how Korean companies and society still have a long way to go to protect future mothers.

[JOONGANG PHOTO]

An employee faced verbal abuse from her boss after requesting shortened working hours when she got pregnant.

After reporting the case to the company, she was subsequently separated from her boss but was eventually bullied at work.

“I am concerned that I might be sued in retaliation or that it may affect my maternity leave if I file a petition regarding the case to the Ministry of Employment and Labor,” the employee said, who is now on maternity leave.

The government has been trying to raise the country’s low fertility rate, but this case shows how Korean companies and society still have a long way to go to protect future mothers.

Korea’s fertility rate, or the average number of children born per woman, hit another record low at 0.70 in the second quarter, down by 0.05 on year, according to Statistics Korea in August.

The figure was even below last year’s annual average of 0.78, already the world’s lowest, and the same as Korea’s lowest-ever quarterly figure of 0.70 in the fourth quarter last year. The country’s capital, Seoul, logged the lowest birthrate among all cities in the country at 0.59 in February.

Data show that many Korean companies fail to adhere to even the most basic labor standards for maternity protection.

According to data submitted to People Power Party Rep. Park Dae-soo by the Ministry of Employment and Labor last month, there have been a total of 6,174 cases of violations of maternity protection regulations in the past six years.

Some 1,159 cases have been reported as of August this year, already surpassing 1,000 cases, a sharp increase from previous years.

The numbers gradually rose from 306 cases in 2020 to 691 cases in 2021 and 993 cases in 2022.

The highest number of violations were the assignment of nighttime and holiday work hours for women, expectant mothers and young workers, accounting for 77.8 percent of the six-year total.

Korea’s Labor Standards Act generally forbids pregnant workers from working overtime, night shifts or holidays.

Other violations include the denial of parental leave, refusal to allow spouses to take leave for childbirth, termination during maternity or occupational injury leave, failure to grant maternity leave and violation of paid maternity leave.

Employers who unfairly fire employees due to parental leave can face imprisonment for up to three years or fines of up to 30 million won ($ 22,370).

Such cases were more frequent in small businesses.

Among them, businesses with 30 to 99 employees accounted for 35.8 percent of all violations, followed by those with 10 to 39 employees and businesses with fewer than 10 employees. Businesses with 100 to 299 employees accounted for 14.6 percent, and those with 300 or more employees accounted for 6.5 percent.

However, these reported cases are just the tip of the iceberg since many employees do not report such mistreatment for fear of retaliation.

According to a survey conducted by civic organization Gabjil 119, 45.5 percent of 1,000 employees surveyed said they cannot freely use parental leave. Forty percent said they cannot use maternity leave freely.

Light penalties are likely a significant contributing factor.

Out of the 6,174 violations reported in the past six years, only 367 cases resulted in legal action, and an additional 49 cases were fined.

The remaining 93.3 percent, or 5,758 cases, were closed merely as “compliance completed.”

Legal experts criticize the lack of practical sanctions and government inaction.

While the government has proposed expanding maternal protection policies to overcome the low birthrate, experts argue that it is crucial to establish a practical foundation for parents to use these policies.

Lawmaker Park Dae-soo emphasized the need for effective management and supervision of compliance with these regulations and expanding maternal protection policies.

The rising cost of postnatal care also contributes to the country’s low birthrates.

The cost has been rising as the number of postnatal care centers falls due to the declining birthrate.

Lee Ki-il, the first vice minister of the Ministry of Health and Welfare, visits a post-natal care center in Songpa District, southern Seoul, on Sept. 27. [MINISTRY OF HEALTH AND WELFARE]

According to the Ministry of Health and Welfare, the number of postnatal care centers nationwide decreased from 598 in 2017 to 475 at the end of last year, a 20.5 percent drop.

The average cost for a two-week stay in a standard room in these centers increased from 2.41 million won in 2017 to 3.07 million won in 2022, up 27.4 percent. In Seoul, the cost increased from 3.17 million won in 2017 to 4.1 million won last year.

Many families find it challenging to afford postnatal care due to inflation in health care costs. Though the government provides postnatal care vouchers of one million won per child, some argue that providing cash directly to families might be more effective than restricting the use of vouchers for specific services.

The preference for cesarean sections over natural childbirth also increases parents’ financial burdens.

According to a survey by the Korea Institute for Health and Social Affairs in 2021, 50.4 percent of women aged 19 to 49 who gave birth in the last three years chose cesarean sections, while 49.7 percent chose natural childbirth.

The rate of cesarean sections has been increasing, reaching 42.3 percent in 2018.

Although the personal responsibility ratio for cesarean sections was reduced from 20 percent to 5 percent in 2016, the cost burden is still significant compared to natural childbirth.

Medical professionals also sometimes encourage cesarean sections due to their convenience.

The meager fees for delivery procedures also influence the high rate of cesarean sections. Obstetricians in Korea receive around 500,000 won in delivery fees for natural childbirth and over one million won for cesarean sections, the lowest among OECD countries.

Japan charges around 9.6 million won for natural childbirth and 8 million won for cesarean sections.

BY NA SANG-HYEON, KIM KYUNG-HEE [cho.jungwoo1@joongang.co.kr]