Emotional Labor and Human Rights ProtectionRecent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace.
Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past.
One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees emotional exhaustion, and lower levels of employees job satisfaction.
In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished “the Consumer Protection Act” and instead promulgated “the Basic Consumer Act” in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes
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However, in December 2000, the Korean Government re-instated an anti-black law in Korea, which also banned discriminatory actions and prohibited discrimination on racial basis.[1] This law was then repealed by the Korean Government in December 1999. In January 2000, the new Korea was joined in the Korea Freedom, Democracy and Reform Commissioning Committee. In October 2003, the Korean Parliament passed legislation to amend Article 4 [http://korea.gov/fem_pr/kda/kda17.1.htm], so as to remove the provision that civil servants may take personal interest in political campaigns (e.g. political parties) from all law as it is relevant to their interests.
An international, multi-national legal movement had developed in support of the economic and social welfare of the emotional labor. In 2007, the Korean Parliament (the Central Committee of the Human Rights Council) passed – (Hospitals/Cultress). The Committee held a number of hearings and decided to adopt a legal regime, which also provided for the immediate removal of discriminatory discrimination, which is applicable from all legal instruments (except personal care) for the purpose of civil servants. The same law would be applicable if it is extended to also apply discriminatory in a public sector sector sector.[2] However, in March 2009, the Korean Government amended the Basic Consumer Act by making provisions and stipulation for the exclusion of certain provisions concerning the protection and welfare of emotional labor (see: Article 3 of Article 1 of this article). As regards the removal of discrimination by civil servants (including employees concerned with their personal integrity and independence) in civil services, civil servants who are present in the public sector or from other services of the public sector would still be entitled to equal rights under the provisions of the Basic Consumer Act.[3]
In December 2001, the United Nations Human Rights Council unanimously adopted the first major report on psychological problems affecting the emotional labor. The report made three recommendations to governments, agencies and human rights organizations to adopt and support it. Among the recommendations would be: the establishment of a legal framework for the regulation of emotional labor in the domestic market;
the adoption of a national duty law to provide an effective and thorough redress for the emotional labor in the public sector; and
the adoption of a national legal framework pursuant to which the economic and social welfare of emotional labor is to be treated according to law and not based on opinion.
In 2013, the Korean Parliament adopted a National Welfare Code. It includes a legislative formulation of an anti-black regime and a legislative regime of a national duty law. The National Welfare Code addresses the human rights of the emotional labor employed at various public sector, public sector, private sector, and government health centers, as well as civil servants’ needs. In recent years, the Korean Government and Human Rights Council have made numerous progress in advancing the economic and social welfare of the emotional labor.[4