Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Republic of Korea (Ratification: 1992)

Other comments on C081

Observation

Direct Request

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The Committee notes the observations of the Federation of Korean Trade Unions (FKTU), the Korean Confederation of Trade Unions (KCTU) and the Korea Enterprises Federation (KEF), communicated with the Government’s report, as well as the Government’s response.

Articles 6, 10 and 16 of the Convention. Conditions of service of labour inspectors. Number of labour inspectors and inspection visits. The Committee previously noted that the increase in the number of labour inspectors was not sufficient to cover the increase in the volume of cases handled by them, and that labour inspectors were likely to be exposed to overtime work of more than 12 hours a week.

In response to the previous requests of the Committee, the Government indicates that the number of labour inspectors continues to increase every year, from 1,694 in 2016 to 2,894 in 2019 (2,213 for labour standards and 681 for occupational safety and health) to 3,122 in 2021 and that additional recruitment is still ongoing. The Government also indicates that the monthly average amount of overtime was 18.71 hours in 2020, reduced by 16.6 per cent (3.72 hours) compared to 2016. The overtime allowances are paid per hour, calculated as 150 per cent of the hourly amount converted from the monthly wage based on each salary grade. The Committee also notes that, according to the salary table provided by the Government, labour inspectors receive similar remuneration with the police and firefighting officials. The Committee requests the Government to continue its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It also requests the Government to continue providing information on the number of labour inspectors, the amount of overtime worked by inspectors, and any updates on comparative remuneration between labour inspectors, police, and firefighting officials.

Article 12(1)(a). Unannounced visits. The Government indicates that, while unannounced inspections were carried out from 2015–17 regarding basic employment rules in small businesses and vulnerable sectors, since 2018 the inspection plans were communicated in advance to allow employers to voluntarily rectify faults, considering that small businesses need prior instructions and guidance as they are more likely to violate the law by ignorance. The Committee notes that, according to the statistics information provided by the Government, in 2017, 5,859 announced inspections were carried out in total, while 16,705 inspection visits were conducted without prior notice. As from 2018, the large majority of inspections were announced inspections. In 2019, there were 20,714 announced inspection and 4,700 unannounced inspections carried out. In addition, the number of violations detected increased substantially, from 45,955 (17,835 by announced inspection and 28,120 by unannounced inspection) in 2017, to 89,564 (71,350 by announced inspection and 18,214 by unannounced inspection) in 2019. The Committee also notes the Government’s indication that, while the number of inspections decreased after 2019 because of reduced face-to-face contact in the context of COVID-19, it intends to rebound the target number of inspection visits and increase unannounced inspections. The Government indicates that unannounced inspections include planned inspections targeting vulnerable sectors to cover institutional blind spots, report-based inspections related to wage arrears and complaint-based inspections. The Committee requests the Government to take the necessary measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a). It also requests the Government to provide further information on the measures taken to ensure the compliance of SMEs with basic employment rules, including the number of inspections of different types carried out and the results achieved.

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