Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Other comments on C081

Observation

Direct Request

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Referring to its observation, the Committee wishes to raise the following additional points.

Article 3 of the Convention. Functions of the labour inspection system. The Committee noted in its previous comment the Federation of Korean Trade Unions’ (FKTU) indication that field labour inspectors focused on subjects that should be left to autonomous collective bargaining, such as the implementation of the provisions of the Trade Union and Labour Relations Adjustment Act concerning the maximum limits imposed on paid time off for full-time union officials and the establishment of a single bargaining channel among trade unions in a framework of trade union pluralism. The Government indicated that labour inspectors could provide guidance on the paid time-off system and the bargaining representative system for multiple unions, which had taken effect in 2011, in order to prevent any violations.

The Committee notes the Government’s statement in the present report that, in 2013, labour inspectors undertook inspections of 140 workplaces related to the paid time-off system, with violations detected and corrected in 13 workplaces. The Government indicates that it has concluded that the paid time-off system is now well established, and that from the second half of 2013 inspections were no longer conducted in this regard. In this respect, the Committee notes the information submitted by the FKTU concerning violations detected in the course of inspections, indicating that, while 316 violations of the Trade Union and Labour Relations Adjustment Act were detected in 2012, this dropped to 24 violations in 2013 and only one such violation in the first six months of 2014.

Articles 3(1) and 17. Activities of the labour inspectorate in the area of non-discrimination. The Committee notes the FKTU’s statement in its last observation that the authority of the labour inspectorate should be fully exercised to address discrimination against non-regular workers, which represent 44 per cent of all workers in the country. These workers have difficulty using the complaints procedure to address discrimination due to their non-regular status, and only 100 complaints were received in 2013 concerning discrimination. The FKTU indicates that addressing discrimination against these workers should be included within the scope of inspections of all workplaces, and that these inspections should be thorough in verifying that workplaces instructed to address discrimination do so.

The Committee notes the Government’s response that it is strengthening inspections especially for workplaces employing a large number of non-regular workers, in addition to providing education about how to prevent discrimination, and improve the system for the protection of non-regular workers. Since August 2012, labour inspectors have been authorized to instruct workplaces to correct discrimination against non-regular workers, and the inspectorate has since conducted inspections of workplaces that employ a large number of non-regular workers. It also indicates that the Government is taking steps to analyse the data collected on discrimination and to strengthen the education provided to labour inspectors on this subject. The Government indicates that, in 2013, it conducted inspections in 555 workplaces focused on discrimination. The Committee observes that this represents a significant decline from the 2,122 inspections carried out in this respect in 2012. The Committee asks that the Government pursue and strengthen its efforts towards the enforcement of the legal provisions pertaining to equality and non-discrimination, and to continue to provide information on the measures taken in this regard. It asks that the Government provide information on the number of inspections undertaken focused on this subject, as well as figures on the complaints received, the instructions for corrections issued and the penalties applied. It also asks the Government to provide information on the training organized for inspectors in the area of non-discrimination, including details on the frequency of such courses, the number of participants, their specific subject matter and duration.

Articles 5(b) and 13. Collaboration of the labour inspection with employers and workers and their organizations in the area of occupational safety and health (OSH). The Committee notes the statement of the Korean Confederation of Trade Unions (KCTU), received on 26 August 2011, that the Republic of Korea reports the largest death toll by industrial accidents among OECD countries. It highlights in particular the high number of industrial accidents in shipbuilding, and indicates that there are insufficient inspections to curb industrial accidents. The labour inspectorate lacks staff and capacity to conduct investigations and conduct follow-up measures.

The Committee notes the Government’s response, received on 26 October 2011, that it is not possible to make a simple comparison of industrial accident statistics between countries because the methods for producing such statistics, the distribution of industries and the scope of accidents considered to be work-related differ from country to country. The Government states that the industrial accident prevention system in the country includes labour inspectors from the Industrial Accident Prevention Division, and labour and advisory offices from the Occupational Safety and Health Agency jointly conduct accident prevention activities. Members of workers’ and employers’ organizations are also appointed to do self-checks in OSH, and participate in workplace inspections conducted by inspectors. The Government states, therefore, that the number of labour inspectors compared to the number of workers cannot be used as the sole indicator for the appropriate number of inspectors. The Committee asks that the Government provide information on the preventive activities carried out by labour inspectors in the area of OSH in line with Article 13 of the Convention, particularly in the shipbuilding sector, including measures with immediate executory force taken in the event of imminent danger to the health or safety of the workers. It also asks that the Government provide further information on the measures taken to reinforce the prevention of industrial accidents in cooperation with employers and workers and their organizations.