Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Other comments on C138

Observation

2023

Direct Request

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Article 9(1) of the Convention. Penalties. In its previous comments, the Committee had noted the results of a 2008 survey on youth in harmful work environments and requested the Government to continue providing information on the employment of youth in harmful environments and on the number of penalties imposed. The Committee notes the Government’s information that according to the results of a 2010 survey to assess the status of juveniles in contact with harmful environments conducted on 16,572 students in middle and high schools and 1,972 youth at risk (such as youth in juvenile reformatories, and runaway youth shelters), 4 per cent of youth in general and 17.4 per cent of youth at risk surveyed were employed in harmful establishments where the employment of young people is prohibited (such as karaoke rooms, comic book rental shops, video/DVD rooms, cafes, pubs, etc.). The Committee also notes the statistical information provided by the Government with regard to the number of violations reported under the Juvenile Protection Act. According to this data, during the period from June 2009 to April 2011, a total of 21,546 cases (7,209 cases in 2009, 10,542 cases in 2010, and 3,795 cases from January to April 2011) were reported, of which 21,435 cases were processed, 506 persons were brought to public trial, and 10,645 persons were brought to summary trial. The Committee notes that according to section 2(1) of the Juvenile Protection Act, the term “juvenile” means any person below 19 years of age. The Committee requests the Government to provide information on the application of the penalties in practice, including the number and kinds of penalties imposed for the violations reported under the Juvenile Protection Act.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information provided by the Government based on the 2009–10 Economically Active Population Survey. The Committee notes that in 2009, out of the 2,217 persons under the age of 18 who were economically active, 21 persons were employed, and in 2010, out of the 2,218 persons under the age of 18 who were economically active, 25 persons were employed. The Committee also notes the information provided by the Government with regard to the results of inspections on workplaces employing minors. In 2009, the number of workplaces inspected was 1,408 and the number of violations detected was 4,749. In 2010, the number of workplaces inspected was 1,300, and the number of violations detected was 4,979. The Committee also notes that, in 2009, these violations amounted to three violations for the employment of minors without an employment permit certificate, 508 violations for not keeping the identification document, 64 working-hour violations, 190 violations of the ban on night and holiday work, 82 violations for the failure to pay the minimum wage and the remaining for violations of overall labour standards other than matters relating to the employment of minors. In 2010, inspections found two violations for the employment of minors without an employment permit certificate, 432 violations for failure to keep the identification document, 61 working-hour violations, 209 violations of the ban on night and holiday work, 86 violations for the failure to pay the minimum wage and the remaining for violations of overall labour standards other than matters relating to the employment of minors.

The Committee further notes the Government’s information with regard to the handling of reported cases of violations involving minors. Accordingly, in 2009, a total of 1,214 cases involving minors have been handled and that 1,073 cases were administratively settled, 138 cases judicially settled and in three cases fines were imposed. In 2010, 1,449 cases involving minors have been handled, of which 1,290 cases were administratively settled, 154 cases judicially settled and in five cases fines were imposed.