The British beauty queen says a judge put his hand in an “inappropriate place.” The pageant organizer says it was a “cultural misunderstanding.” Thus we reach the heart of the matter behind the latest international media scandal for South Korea. But this is also an opportunity to examine whether it is truly culture or whether it is the oppression of women that lies at the heart of this scandal.

In modern usage, culture is broadly defined as the social norms, beliefs and values that exist in a society and are based on modernizing trends as well as religious traditions. South Korea is a country that has rapidly modernized and continues to remain at the leading edge in science and technology. This country has adopted the latest standards on international conduct, ratified multiple international treaties on human rights and competes at the highest levels in technology capability and production.

At the same time, South Korea is a country where many still cling to a traditional past, romanticizing the dynastic era and Confucianism, and remaining fearful of modern western influences. The result of these two conflicting forces is a country that scores very high in the United Nations overall human development index, but last among developed countries in the Gender Empowerment Measure, a measure of women’s earnings and employment power. The gap is so dramatic that South Korea is on par with third world countries in gender empowerment.

Thus while in the OECD women on average earn approximately 85 percent of men’s earnings; in South Korea women earn approximately 60 percent of men’s earnings. The effect on the country caused by this gap is profound. A study by Goldman Sachs estimated that the South Korean per capita income would grow by 14 percent by 2020 if the gap between women and men were cut in half; putting South Korea on par with the OECD average. Thus contrary to the usual competitive perception, everyone can have what their neighbor has, and the overall economy only grows as more women enter the workforce.

Focusing on the gap in wages between genders, the participation of females in the workforce and the occupations commonly engaged in by each gender is crucial. These three factors are decisive in creating equality in labor opportunity, which leads directly to overall gender equality. In order to achieve equality in labor opportunity, laws and institutions promoting equality must be created within a country by legislative action. South Korea has been active over the last two decades as its legislature enacted numerous laws to promote gender equality, including the Equal Employment Opportunity Law and the Gender Discrimination Prevention and Relief Law. The legislature has also created the Ministry of Gender Equality, and in 2005 abolished the patriarchal “father-head” family registration system. However, despite these promising initiatives and reform the failure of the Korean government to vigorously enforce these laws is evident from the absence of females in higher-paying public enterprises and in government positions.

Thus the Korean government must take a more active stance in enforcing the rights it has created. An increased focus on encouraging young women to strive towards traditionally male dominated careers, such as the law, is necessary. Fortunately the law schools are working towards equality with approximately 40 percent of the law students being female. Although this is not the optimal level of 50 percent it is far better than many industries, and it is a promising start. As these young women become lawyers, politicians and business leaders they will provide role models for young Korean girls who currently only aspire to be singers or flight attendants.

Providing equal education opportunities, legal rights, employment opportunities and political representation to girls and women will benefit all of Korean society. As the population of Korea ages more workers will be needed to support the retirement and health care system. Instead of importing workers from other countries, Korea needs to fully employ the women who already live and have family here, the women who speak the language and the women who love their country. The members of government should not be telling these women that they must remain natural in their form and to be prepared to give all in the pursuit of traditional female forms of employment; it should encourage women to pursue all avenues of employment without requiring such sacrifices and without regard to appearance.

Thus in the end where a hand is placed during a photograph may or may not be a misunderstanding but the eerily reminiscent comments about what women should give in order to win a beauty pageant is not representative of Korean culture and everyone in Korea should feel angry when culture is used to defend such behavior. Korean culture is the taste of homemade kimchi, the specialness of wearing hanbok, the unique design of the Korean alphabet, it is respect to elders for what they have given to us and it is the modern trend of embracing human rights for all. Those who use the pretext of culture to justify their misdeeds should be ashamed.

By Daniel Fiedler

Daniel Fiedler is a professor of law at Wonkwang University since 2007 and is the lawyer representative for international marriages in Namwon City since 2010. ― Ed.