DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
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paper evaluated the provision of special education to children with disabilities as
poor.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual
Orientation and Gender Identity
There are no laws against consensual same-sex sexual activity between adults, but
little information was available on discrimination based on sexual orientation or
gender identity. NGOs expressed concern that decency and obscenity laws could
be used legally to discriminate based on sexual orientation or gender identity. In
2014 the Korean Central News Agency, the state news agency, denied the
existence of consensual same-sex sexual activity in the country. According to
lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights group Equaldex,
no legal mechanisms exist for LGBTI individuals to protect against discrimination
in housing and employment. Same-sex adoption is illegal. Equaldex characterized
legal protections toward same-sex sexual activity, the right to change legal gender,
and gay and lesbian persons serving openly in the military as ambiguous.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
Workers do not have the right to form or join independent unions, bargain
collectively, or strike. There were no known labor organizations other than those
created and controlled by the government. While the law stipulates that employees
working for foreign companies may form trade unions and that foreign enterprises
must provide conditions for union activities, the law does not protect workers who
might attempt to engage in union activities from employer retaliation, nor does it
provide penalties for employers who interfere in union activities. Unlawful
assembly may result in five years of correctional labor.
The WPK purportedly represents the interests of all labor. The WPK Central
Committee directly controls several labor organizations in the country, including
the General Federation of Trade Unions of Korea and the Union of Agricultural
Workers of Korea. Operating under this umbrella, unions functioned according to
a classic Stalinist model, with responsibility for mobilizing workers to support
production goals and for providing health, education, cultural, and welfare
facilities, and did not provide a vehicle for worker voice.
Country Reports on Human Rights Practices for 2020
United States Department of State • Bureau of Democracy, Human Rights and Labor