Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Republic of Korea (Ratification: 1999)

Other comments on C138

Observation

2023

Direct Request

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The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) communicated with the Government’s report.

Labour inspection and application of the Convention in practice. The Committee notes the observations made by the FKTU that the number of inspections conducted in workplaces that employ young persons are limited due to a shortage of labour inspectors. The FKTU indicates that, as of December 2016, there were only 1,282 labour inspectors, of which the number of working-level supervisors was 1,041, while one hands-on supervisor had to deal with 1,815 workplaces.

The Committee notes the Government’s information in its report that efforts are under way to gradually increase the number of labour inspectors and by 2019 it is expected to increase the number by 1,000 labour inspectors (with 160 in 2017, 452 in 2018 and 388 in 2019). Moreover, preventive inspection of workplaces will be strengthened with special attention to workplaces employing young persons and sectors prone to labour-related violations, including overdue wage payment, compliance with minimum wages and signing of written labour contracts. The Committee also notes the Government’s indication that the revised Labour Standards Act which came into force in July 2018 provides for strict labour supervision and inspection and prescribes stringent penalties on employers who violate the law. The Committee further notes the information provided by the Government with regard to inspections in workplaces employing young persons. In 2017, the number of workplaces inspected was 7,018 and the number of violations detected was 10,481. Out of these, 9,665 cases were redressed, 61 cases were judicially treated and in 755 cases fines were imposed. The Government further indicates that, since 2015, inspections in workplaces which employ young persons also cover issues such as overdue wages, working hours and the requirement of a written labour contract. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of violations detected and penalties applied involving children and young persons.

Conditions of employment. The Committee notes the FKTU’s observation that young persons working in workplaces with fewer than five workers are excluded from the protective provisions of the Labour Standards Act on minimum wage, statutory allowances, including for overtime work, night work, and work on holidays and weekly holidays. They often face unfair dismissal and treatment.

The Committee notes the Government’s information that according to section 69 of the revised Labour Standards Act, working hours for young persons between 15 and 18 years of age shall not exceed seven hours per day and 35 hours per week. The work-hours may be extended only for one more hour per day and five more hours per week by an agreement with the parties concerned. It also notes the Government’s indication that in order to protect workers from overdue wages, a one-stop window programme is being developed to help them receive such wages. Moreover, efforts are being made to strengthen the protection of labour conditions and enhance compliance of basic labour regulations through inspections. The Government further indicates that a Bill to improve the compliance of the minimum wage system, through punitive damages compensation is currently pending in the National Assembly. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that the conditions of employment for young persons under the age of 18 years, particularly as regards minimum wage and statutory allowances for overtime work, night work and work on holidays, are maintained at a satisfactory standard and that adequate safeguards are adopted to protect them from hazardous work. The Committee also requests the Government to provide information on any progress made with regard to the adoption of the Bill to improve the compliance of the minimum wage system.