Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - République de Corée (Ratification: 1992)

Autre commentaire sur C081

Observation

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The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU), received in 2017, and of the Federation of Korean Trade Unions (FKTU), communicated with the Government’s report, and the Government’s reply thereto.

Articles 6, 10, 16 and 17 of the Convention. Number of labour inspectors and inspection visits, conditions of service of labour inspectors and enforcement. The Committee notes the indication in the Government’s report, in reply to its previous request, that the workload of labour inspectors persists despite a steady increase in the number of labour inspectors since 2012. The Government indicates that in 2016, there were 1,282 labour inspectors (up from 1,241 in 2012) and 412 OSH inspectors (up from 362 in 2012), but that the number of workplaces subject to labour and OSH inspections has also continued to rise. The Government indicates that the decision was made to add 500 more labour inspectors in the second half of 2017 with further increases in 2018. According to the statistics provided by the Government, the number of inspections increased from 2014 to 2016 (16,889 inspections in 2014 to 21,465 in 2016, and 20,299 OSH inspections in 2014 to 26,920 in 2016), accompanied by an increase in the number of cases of judicial action ordered. In 2016, 1,410 cases related to labour law violations were referred to judicial proceedings following labour inspection procedures (corrections or suspension measures and fines), compared with 331 cases in 2014. In the area of OSH, 4,285 cases were referred for judicial action, compared with 2,447 cases in 2014. The Committee also notes the revision of the Work Guidelines for Labour Inspectors (Directive No. 185) that aims to strengthen compliance by, among other measures, enabling labour inspectors to take immediate judicial action regarding serious violations and expedite corrective action through shortening the applicable time limits.

The Committee notes the observations of the KCTU that the increase in the number of labour inspectors has not been sufficient to cover the increase in the volume of cases handled by them, and that in a number of cases the Ministry of Employment and Labour did not begin investigations even when significant suspicion was raised about violations of workplace laws, allowing employers sufficient time to destroy evidence. Referring to a study released in 2015 by the Korean Labour Institute indicating that labour inspectors are likely to be exposed to overtime work of more than 12 hours a week, the KCTU emphasizes the importance of monitoring the implementation of the Government’s plan to increase the number of labour inspectors. The Committee urges the Government to strengthen its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, as required under Article 10 of the Convention. It also asks the Government to provide information on the implementation of its plan to increase the number of labour inspectors, including its impact on the performance of labour inspection activities and the conditions of work for labour inspectors. The Committee further requests the Government to provide information on the amount of overtime currently being worked by inspectors and to provide further information on any measures taken or envisaged to improve their conditions of service. In this respect, the Committee requests the Government to provide information on levels of compensation and working conditions for labour inspectors compared to other civil servants exercising similar authority or with comparable levels of responsibility. Lastly, the Committee requests the Government to provide information on the outcome of the judicial proceedings for the cases referred following labour inspections.

Article 12(1)(a). Unannounced visits. The Committee previously noted the Government’s indication that, pursuant to the 2010 amendments to the Work Guidelines for Labour Inspectors, a ten-day prior notice to the employer is required for a regular inspection visit (section 17 of the Work Guidelines), but that occasional and special visits are conducted without advance notice mainly based upon complaints. With regard to OSH inspections, it notes that, pursuant to section 13 of the Work Guidelines for OSH Inspectors, OSH inspections shall be carried out without prior notice in principle except when an inspection visit needs to be made outside business hours or where free access is not allowed for military or security reasons. In addition, the Committee notes the introduction of the Integrated Unpaid Wage Report System. Under the system, anyone can confidentially report cases of unpaid wages to the labour inspectorate, upon which unannounced inspections can be initiated. According to the Government, the number of unannounced inspections was substantially reduced (by more than two-thirds) from 14,985 in 2014 to 4,606 in 2015, before being somewhat increased to 6,351 in 2016, a number roughly equivalent to the 6,297 regular inspections that year. The Committee notes that since 2015, a significant number of new inspections regarding basic employment rules have been carried out (9,045 in 2015 and 8,578 in 2016). The Government indicates that it continues to expand the number of unannounced inspections in order to strengthen compliance with basic employment rules, such as minimum wages, payment of wages and hours of work. Further to its previous comments, the Committee requests the Government to indicate whether inspections regarding basic employment rules are carried out without prior notice. It also requests the Government to provide information on the reasons for the significant decrease in the number of unannounced inspections since 2014. Finally, the Committee requests the Government to continue to provide information on the number of unannounced visits, including those initiated upon complaints made under the Integrated Unpaid Wage Report System, as compared to the total number of inspection visits, and to provide information, disaggregated between announced and unannounced visits, on the results secured from these inspections (violations identified, corrective measures ordered, judicial action undertaken and sanctions imposed and collected).

The Committee is raising other matters in a request addressed directly to the Government.