Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. In its previous comments, the Committee noted that sections 288(1), (2), and 289(1) of the Criminal Code prohibit the kidnapping, purchase or sale of an individual for the purposes of trafficking, sexual intercourse and prostitution. It further observed that section 288(2) only covers the trafficking of females for the purpose of sexual exploitation. Recalling Article 1 of the Convention, it requested the Government to indicate the measures taken or envisaged to prohibit the trafficking of boys under the age of 18 years for the purposes of sexual exploitation. The Committee also requested the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 years for purposes of labour exploitation.

The Committee notes the Government’s information that article 29 of the Child Welfare Act prohibits the acts of trading children (defined as those under 18 years) under penalty of fine or imprisonment, and that article 18 of the Act on the Punishment of Acts of Arranging Sexual Traffic stipulates that those who engage in human trafficking aimed for sexual purposes regardless of gender or age shall be punished by imprisonment for a limited term of not less than three years. The Committee further notes the Government’s information that under article 9 of the Juvenile Sex Protection Act of 2000, any person who traffics juveniles (defined as boys and girls below the age of 19) abroad or traffics juveniles living abroad to Korea is liable to imprisonment. The Committee requests the Government to provide copies of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Juvenile Sex Protection Act.

2. Recruitment of children for use in armed conflict. In its previous comments, the Committee noted that article 39(1) of the Constitution requires its citizens to take part in national defence under the conditions prescribed by law. It noted the Government’s statement in its second periodic report submitted to the Committee on the Rights of the Child (CRC/C/70/Add.14, paragraph 38), that Korean men are liable for military service at the age of 19 after conscription screening under section 11 of the Military Service Act. The Committee noted however that, by virtue of section 20 of the same Act, a person aged 17 or over who voluntarily applies for military service may be enlisted. The Committee therefore requested the Government to provide the text of the relevant legislation as well as information about the practice of recruitment into the armed forces. The Committee notes the Government’s information that any man who is a national of the Republic of Korea must perform military service in accordance with article 39(1) (Duty of National Defence) of the Constitution and article 3 (Duties of Military Service) of the Military Service Act. Accordingly, men should undergo the draft physical in the year when they turn 19 years old. Those who are given an order of conscription for active service will be enlisted in the army in the year they undergo the draft physical or in the following year. The Committee notes with interest the revision of the Military Service Act in December 2004, which changed the eligible age for voluntary application for active military service from 17 to 18 so that minors are restricted from performing military service.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that, according to section 242 of the Criminal Code, a person who, for the purposes of gain, induces a minor female, who has not been habitually immoral to engage in sexual intercourse, is liable to be punished by imprisonment or a fine. The Committee noted that this provision only applies to girls, and also noted that there appears to be no definition of “minor” under the Criminal Code. It therefore requested the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under the age of 18 years, including boys, for prostitution. The Committee also requested the Government to indicate the definition of the term “minor female” referred to in section 242 of the Criminal Code.

The Committee notes the Government’s information that under section 242 of the Criminal Code, “minor female” refers to a female under the age of 20 years. It also notes the Government’s information that the Juvenile Protection Act of 1997 contains provisions prohibiting juveniles (defined as boys and girls under 19 years) from sexual entertainment through physical contact or the exposure of sexual organs (article 49-2), and lascivious acts for the purpose of entertainment (article 49-3). Furthermore, article 29 of the Child Welfare Act prohibits having a child engage in a lewd act, under penalty of fine or imprisonment. The Committee takes due note of the Government’s information that the Juvenile Sex Protection Act was enacted in 2000 to prevent and punish sex crimes committed against minors such as rape, sexual harassment by force, purchase of sex, aid in the purchase of sex, and making and distribution of obscene material using juveniles.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that the prohibitions on possession and trafficking of drugs outlined in section 198 of the Criminal Code and the Psychotropic Drugs Control Act do not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. The Committee noted that under section 2(4) of the Juvenile Protection Act, the definition of the term “drugs harmful to juveniles” includes alcoholic liquors, cigarettes, narcotics, psychotropic substances under the Narcotics Act and Psychotropic Drugs Control Act; hallucinogens; and other drugs that are mentally and physically dangerous to juveniles. The Committee requested the Government to indicate if this text contains provisions prohibiting the use of juveniles for the production and trafficking of drugs and, if so, to supply a copy of the relevant provisions.

The Committee notes the Government’s information that the Juvenile Protection Act of 1997 prohibits the sale of specific drugs identified as harmful to juveniles, and that such action is subject to a fine or imprisonment. However, the Government does not provide information on legislation regarding the use, procuring or offering of juveniles in the production and trafficking of drugs. Accordingly, the Committee repeats its request to the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s statement that 46 regional labour offices under the Ministry of Labour provide guidance and inspection. The Committee also noted the Government’s indication that since the application of the Labour Standards Act (LSA) was expanded to cover all workplaces from 1 January 1999, and as the current number of inspectors is insufficient to cover all the employers and workplaces, a new computerized labour inspection service, in particular on the workplace digitalization system, was launched in January 2003 in order to promote the efficiency of the work of the inspectors. The Committee accordingly requested the Government to provide additional information on this new system of inspection service and to supply an evaluation on the progress achieved in terms of the promotion of efficient inspection activities, and the consultations which have been held with the employers’ and workers’ organizations.

The Committee notes the Government’s information that through the operation of a computer system for workplace management since January 2003, the Government has promoted work efficiency and reduction in workload by computerizing various reports and directions related to workplace inspections, which used to be written separately in electronic documents and stored in separate ledgers after being approved. The Committee further notes that the Government is operating the “Juvenile Worker Protection Taskforce” consisting of experts such as representatives of juveniles and juvenile protection organizations, civil society organizations, employers who hire a large amount of juveniles and professors whose research focuses on juvenile protection. Furthermore, to improve the night work authorization system for juvenile workers, the Government consulted with workers’ organizations including the FKTU and the KCTU, and held meetings with employers’ representatives of large fast food businesses that employ many juveniles, and consequently improved the system. The Committee takes due note of this information.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the Government’s information that it annually monitors workplaces hiring juvenile workers to obligate employers to observe labour laws related to working conditions, and that it takes administrative measures vis-à-vis employers who violate the laws so as to protect juvenile workers. It also noted that the Government implemented education programmes in order to prevent juvenile workers from being discriminated against at workplaces due to low education and skill levels. The Committee requested the Government to continue providing information concerning the measures taken or envisaged to prevent the engagement of children in the worst forms of child labour, and information on the implementation of the abovementioned educational programmes, as well as results achieved.

The Committee notes the Government’s information that, according to the revised LSA (which took effect on 1 July 2005), the scope of those prohibited from being employed as workers was expanded from those under the age of 15 to “those under the age of 18 attending middle school under the Elementary and Secondary Education Act”. It also notes the Government’s indication that measures were taken to strengthen guidance and inspection for prevention of violation of minor workers’ rights such as overdue wages and unpaid overtime wages, as well as cases of minors working at night. There has been active use of the telephone and Internet counselling services of the National Labour Consultation Centre, which takes prompt measures in case of the violation of the rights of juvenile workers. Furthermore, employers of minor workers are required to pay wages not less than the minimum wage, limit working hours, apply for authorization in case of having minors work at night, and provide premium wages. The statutory working conditions of minor workers are notified to the employer when requesting authorization for having minors work at night. Notification is sent to workplaces employing a large amount of workers, and their working conditions are posted on the web site of the Ministry of Labour. The Committee further notes the detailed information provided by the Government on the implementation and results of education programmes with the goal of ensuring equal opportunities for education and skill development for juveniles. The Committee requests the Government to supply a copy of the revised Labour Standards Act with its next report.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee on the Rights of the Child welcomed the enactment of the Juvenile Sex Protection Act, 2000. The Committee on the Rights of the Child expressed concern, however, that this Act was not being implemented effectively, and that there was limited data available on the prevalence of child sexual exploitation. It recommended that the Government develop a national plan of action on the commercial sexual exploitation of children, which includes measures for effective data collection, training law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner; providing appropriate recovery and reintegration programmes for victims of sexual abuse; and developing preventive measures that target those soliciting and providing sexual services (CRC/C/15/Add.197, paragraphs 54 and 55). The Committee requested the Government to provide information on the implementation of the Juvenile Sex Protection Act in practice, and on the measures taken or envisaged to comply with the recommendations of the Committee on the Rights of the Child. It also requested the Government to provide information on the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children under 18 years from commercial sexual exploitation, and for their rehabilitation and social integration, pursuant to Article 7, paragraph 2(b), of the Convention.

The Committee notes the Government’s information that the Comprehensive Assistance Centre for Youth Protection has been operating since its establishment in September 2003, which provides comprehensive services to juveniles who are exposed to the dangers of the purchase of sex and running away from home. Furthermore, other initiatives such as counselling services, a cooperation network for support in case of emergencies, medical support, education on human rights of female victims of prostitution for police officers, as well as publicity efforts have been undertaken by the Government. In addition, the Committee notes the Government’s information that an assistance programme for juvenile victims of prostitution has been developed and conducted with non-governmental organizations. The Committee takes due note of this information.

Part III of the report form. Implementation of the Convention. The Committee notes that the Government has provided a summary of the decisions on cases of capture and allurement of minors and violations of the Juvenile Protection Act.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes that the Government has provided detailed information on inspection reports relating to employer compliance with labour legislation, and a summary of the results of guidance and inspection on protection of minor workers. The Government has also provided statistics on publicity efforts to increase youth assistance to support facilities for the worst forms of child labour, practical application of the penalties laid down in the relevant legislation, as well as detailed information on the implementation and results of educational programmes aimed at fostering skilled juvenile workers through vocational and skills training.