Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. 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 had noted that the provisions indicated by the Government as measures taken to prohibit the use of juveniles for the production and trafficking of drugs did not, in fact, specifically deal with the use, procuring or offering of children in the production and trafficking of drugs. The Committee notes the Government’s information that the employment of juveniles is prohibited in businesses dealing with toxic substances by the Toxic Substance Control Act. It further notes that the employment of juveniles is prohibited in businesses involved in the manufacture, production and distribution of toxic substances that are determined and announced by the Government Youth Commission as businesses which may cause harm to the physical and psychological development of the juveniles employed due to the risk of high exposure to hazardous substances. However, the Committee observes the provisions here in abovementioned are relevant in the context of a legal business relationship, while the use, procuring or offering of a child for the production and trafficking of drugs are activities that generally take place in an illegal context. 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 of age for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention. Furthermore, it asks the Government to supply a copy of the Toxic Substance Control Act. 

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted the information provided by the Government with regard to the protection afforded by the provisions of the Revised Labour Standards Act, which took effect on 1 July 2005. The Committee notes that the Government has supplied a copy of the Korean version of the Revised Labour Standards Act and it is currently being translated to English. It requests the Government to supply a copy of an English version of the Revised Labour Standards Act as soon as it is available.

Part V of the report form. In its previous comments, the Committee had noted the detailed information and statistics provided by the Government relating to the practical application of the Convention. The Committee encourages the Government to continue providing information on the application of the Convention in practice and on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.