National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Previous comment
Article 9, paragraph 1, of the Convention. Penalties. In its previous comments, the Committee noted the results of a 2002 survey on youth in harmful work environments and requested the Government to provide information on the measures taken or envisaged to ensure the effective enforcement of the Convention. In this regard, the Committee notes the information in the Government’s report that, pursuant to section 110(1) of the Labour Standards Act of 2008 (LSA), a person who violates section 64(1) of the LSA (prohibiting the employment of those under the age of 15 without an employment permit) is punished by imprisonment of up to two years or a fine not exceeding 10 million won (approximately US$8,258). The Committee also notes that a person who violates section 24(1) of the Youth Protection Act (prohibiting the employment young people under the age of 19 in harmful businesses) is punished by imprisonment of up to three years or a fine not exceeding 20 million won (approximately US$16,515).
Moreover, the Committee notes the information from the 2008 survey to assess the status of juveniles in contact with harmful environments in the Government’s report. This survey included 14,716 middle and high school students, and 1,597 youth in crisis (such as juvenile offenders, runaway youths and school dropouts), and indicated that 2.5 per cent of general adolescent respondents, and 23.7 per cent of youth in crisis surveyed, were engaged in employment (within the previous year) in harmful businesses, where the employment of young people is prohibited (such as clubs, cafés, video/DVD rooms, etc). The Committee also notes that, of adolescents who had been employed in such environments, 7.8 per cent of general adolescent respondents and 16.8 per cent of youths in crisis surveyed claimed that they were employed without having their age checked. The Committee notes that this is a significant decrease from the 2002 survey on the same subject, which indicated that 30 per cent of general adolescent respondents (and 55.3 per cent of adolescents in crisis) had been engaged without having their age checked. The Committee invites the Government to continue to provide information on the employment of youth in harmful environments, and it requests the Government to provide information on the number of penalties imposed in this regard.
Part V of the report form. Application of the Convention in practice. The Committee notes the statistics supplied by the Government in its report. The Committee notes that, in 2007, the number of inspections of workplaces employing minors was 1,343, and the number of violations detected was 1,672. In 2008, the number of workplaces inspected was 1,318, and the number of violations detected was 2,567. The Committee also notes that, in 2007, these violations amounted to three violations for the employment of minors without an employment permit certificate, 447 violations for not keeping the required certificate of workers under 18 years of age, 63 working-hour violations, 120 violations of the ban on night and holiday work, 155 violations for the failure to pay minimum wage, and the remaining for violations of overall labour standards other than matters relating to the employment of minors. The Committee further notes that, in 2008, inspections found six violations for the employment of minors without an employment permit certificate, 469 violations for not keeping the required certificate of workers under 18 years of age, 86 working-hour violations, 41 violations of the ban on night and holiday work, 314 violations for the failure to pay minimum wage, and the remaining for violations of overall labour standards other than matters relating to the employment of minors.
The Committee notes the Government’s statement that the number of reported cases involving minors has increased each year (with overdue wages accounting for 92 per cent of total cases reported), and that a growing proportion of violations in those cases are remedied. The Committee also notes the Government’s indication that, in most cases, measures are taken to redress violations within seven to 25 days. Furthermore, the Committee notes that in 2008, a total of 990 cases involving minors were handled (an increase from the 602 cases handled in 2007) and that 89 of those cases received judicial treatment. The Committee asks the Government to continue to provide information on the practical application of the Convention, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.
The Committee notes the Government’s report.
Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that the Labour Standards Act (LSA) did not apply to any business or workplace which employs only relatives living together and those who are hired for domestic work. The Committee had noted that the Government did not, at the time of ratification, avail itself of the possibility to exclude limited categories of employment, in accordance with Article 4, paragraph 1, of the Convention and had reminded it that the Convention applies to all types of work or employment, including family or domestic work. The Committee notes the Government’s statement that it will inform the Office in case it takes or draws up measures to ensure that children performing work as members of a family and performing domestic work benefit from the protection laid down in the Convention. The Committee accordingly encourages the Government to take such measures in the near future.
Article 3, paragraph 3. Exception to the age of 18 years for admission to hazardous work. In its previous comments, the Committee had noted that section 39 of the Enforcement Decree of the LSA states that children aged 16–18 years temporarily be employed in a pit and in certain types of work. The Committee had requested the Government to provide information on the measures taken or envisaged to ensure that the health, safety and morals of these children are fully protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity in conformity with Article 3, paragraph 3, of the Convention. The Committee notes the Government’s information that no adolescents aged 15–19 years have been engaged in mining for the past five years. Accordingly, the Government is not faced with urgent needs for policies which specifically deal with the protection of children working in pits.
Article 7, paragraph 1. Light work. Following its previous comments, the Committee takes note of the copy of the Work Guidelines for Labour Inspectors (WGLI) sent along with the Government’s report.
Article 9, paragraph 1. Penalties. The Committee takes due note of the copy of the survey to assess the comprehensive status of juveniles in contact with harmful environments in 2002 provided by the Government. The Committee notes the Government’s indication that this survey is conducted every three years. Furthermore, it observes that the results indicate that an important percentage of the 13,051 middle and high school students and of the 1,406 adolescents of specialized groups (runaway adolescents, adolescent delinquents, adolescents at reformatory) included in the survey have been employed in harmful businesses, such as clubs, rock cafes, video rooms, etc. The Committee also notes that, out of the important number of adolescents who have been employed in harmful businesses, 30 per cent of general adolescent respondents and 55.3 per cent of adolescent respondents of the specialized group claimed that they were engaged without having their age checked. Meanwhile, 4.6 per cent of general adolescent respondents and 18.5 per cent of adolescent respondents of the specialized groups claim they have entered this harmful business by concealing their real age. In view of these findings, the Committee requests the Government to provide information on the measures taken or envisaged to ensure the effective enforcement of the Convention, including the application of sanctions. It also asks the Government to provide information on whether or not a survey to assess the comprehensive status of juveniles in contact with harmful environments was conducted in 2005 and, in that event, to provide information on the results of said survey.
Part V of the report form. The Committee notes the statistics supplied by the Government in its report. The Committee notes that the Government has also supplied an analysis of the results of control of workplaces employing minor workers’ compliance with required working conditions for young people, as well as a report of the current status of handling of reported cases of violations of working conditions for young people. The Committee notes that, according to the data of 2006, 876 workplaces out of 1,502 were found violating the legislation on the employment of minors (for a total of 1,718 violations), and in particular: four violations for employing minors without an employment permit and 450 violations for not keeping the required certificate of workers under 18 years of age who were employed. The Committee also observes that in 2006, a total of 603 cases have been handled involving minors and that 72 of those cases have received judicial treatment. However, the Committee notes an absence of information concerning young people under the age of 15 years exercising an economic activity. Therefore, the Commission asks the Government to continue providing information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed and, more specifically, statistics on the number of children in the age bracket of 15–18 years and those under the age of 15 years exercising an economic activity.
Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that, according to section 62(1) of the Labour Standards Act (LSA) of 1997, as amended on 14 August 2001, a person under the age of 15 shall not be employed as a worker. It had noted that, under section 10(1) of the LSA, the Act shall not apply to any business or workplace which employs only relatives living together and those who are hired for domestic work. The Committee notes the Government’s information that the LSA applies to the employer’s family members only if they have a labour contract like other workers who are not the employer’s relatives living together, and if they work to earn wages. However, in case businesses employ only relatives living together as their workers, these businesses are excluded from the application of the LSA, since the State intervention in such a private relationship may infringe the freedom of private life. The Committee also notes the Government’s statement that it will be considering in the long term whether to include these businesses in the scope of application of the LSA in future. Noting that the Government did not, at the time of ratification, avail itself of the possibility to exclude limited categories of employment in accordance with Article 4, paragraph 1, of the Convention, the Committee once again reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including family and domestic work. The Committee accordingly requests the Government to keep it informed of measures taken or envisaged to ensure that children performing work as members of a family and performing domestic work, pursuant to section 10(1) of the LSA, benefit from the protection laid down in the Convention.
Article 3, paragraph 3. Exception to the age of 18 years for admission to hazardous work. The Committee had previously noted that section 70 of the LSA prohibits a minor under the age of 18 to do any work inside a pit provided, however, this shall not apply when the work is temporarily needed to perform the business as determined by Presidential Decree, such as health, medicine, news reports, news coverage, etc. The Committee notes the Government’s information that section 39 of the Enforcement Decree of the LSA states that types of work for which women and persons under the age of 18 may be placed temporarily inside a pit under section 70 of the Act are the following: (1) health, medical and welfare work; (2) news reporting and gathering to produce newspapers, publications and broadcast programs; (3) investigation for academic research; (4) management and supervision work; and (5) practical training works performed on the fields related to work under subparagraphs 1 to 4. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that health, safety and morals of children between 16 to 18 years of age performing temporary work in a pit according to section 39 of the Enforcement Decree of the LSA are fully protected and that those children have received adequate specific instruction or vocational training in the relevant branch of activity in conformity with Article 3, paragraph 3, of the Convention.
Article 7, paragraph 1. Light work. The Committee had previously noted that section 62(1) of the LSA prohibits the employment as a worker of a person under 15 years of age. It had noted, however, that the same provision authorizes such employment provided that the Minister of Labour, in accordance with the criteria determined by Presidential Decree, issues an employment permit. The Committee had noted that, under section 55(11) of the Enforcement Decree of the LSA, the Minister of Labour shall delegate the authority related to the issuing of employment permits for persons under 15 years of age to the director of the district labour agency. The Committee notes that the Government has provided a copy of the Enforcement Decree of the LSA of 1997. It notes that section 31 of this Decree states that persons who may obtain the certificate for employment permit under section 62 of the LSA, shall be aged 13 or older, but not over 15 years, provided that those under 13 years of age intend to participate in an art performance. Section 31(2) and (3) of the Decree establish that persons who intend to obtain the certificate shall file an application with the Minister of Labour and under the conditions fixed by the Ordinance of the Ministry of Labour. The application must be jointly signed by the school principal (limited to those entitled to compulsory education and those attending school), or by the person with parental authority or guardian, and by the prospective employer. The Committee takes due note of this information.
The Committee had previously noted that section 50 of the Work Guidelines for Labour Inspectors (WGLI) sets out the requirements for the issuance of employment certificates, namely: (1) the work will be light work nor detrimental to the health or morals of the worker concerned; (2) the work will not be deemed to cause danger or harm the life, health or welfare of the worker concerned; (3) the working hours will not impede classes the worker concerned attends; and (4) the certificate will have agreements and opinions of a principal, a person with parental authority, or a guardian. Noting that the WGLI was not sent with the Government’s report, the Committee once again requests it to provide a copy of the WGLI.
Article 9, paragraph 1. Penalties. The Committee takes due note of the Government’s information that in 2002 a survey was conducted in order to assess the comprehensive status of juveniles (i.e. a person under 19 years of age according to section 2(1) of the Youth Protection Act) in contact with harmful environments. The Committee asks the Government to provide information on the results of the abovementioned survey.
Article 9, paragraph 3. Keeping of registers. The Committee had previously noted that, according to section 64 of the LSA, for each person working under 18 years of age, the employer is required to keep at each workplace a copy of the census register testifying to his/her age. It had also noted that, according to section 40(1) of the LSA, an employer shall prepare a register of workers by workplace including name, birth date, personal history and other items relating to workers as provided for by the Presidential Decree. Section 15 of the Enforcement Decree of the LSA provides for exhaustive information to be mentioned in a worker register, under the conditions prescribed by the Ordinance of the Ministry of Labour. However, the Committee notes that the model of the worker register submitted by the Government, along with its report, does not contain any space indicating the age or date of birth of the workers employed. Therefore, in conformity with Article 9, paragraph 3, of the Convention, the Committee requests the Government to take the necessary measures to ensure that the registers that are kept pursuant to section 40(1) of the LSA and section 15 of the Enforcement Decree of the LSA contain the ages and dates of birth, duly certified, wherever possible, of persons who are less than 18 years of age.
Part V of the report form. The Committee notes that the Government has supplied statistics on the employment of children and young persons and inspections and cases reported. In particular, it notes that, according to the economically active population survey of 2004, 258 persons between 15 and 19 years were employed. This survey also reveals that in 2004, on a base of 1,981 people aged 15-19 years, 18 persons (0.9 per cent) were found working in agriculture, forestry and fishery; 400 (20.2 per cent) in mining and manufacturing; 1,563 (78.9 per cent) in social overhead capitals. The Committee notes that the Government has also supplied an analysis of the results of guidance and inspection of workplaces’ compliance with required working conditions for young people, as well as a report of the current status of handling of reported cases of violations of working conditions for young people. The Committee notes that, according to the data of 2004, out of 1,241 inspected workplaces, 727 were found violating the legislation on the employment of minors (for a total of 1,485 violations), and in particular: eight workplaces violating provisions on minimum age and employment certificate (section 62 of the LSA) and 354 workplaces violating provisions on the requirement for an employer to keep a certificate of workers under 18 employed by him/her (section 64 of the LSA). The Committee also observes that in 2004 a total of 309 cases have been handled involving minors. The Committee asks the Government to continue providing information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed, as well as statistics on the number of children in the age bracket of 15 to 18 years and those under the age of 15 years exercising an economic activity.
Article 2, paragraph 1, of the Convention. Scope of application. The Committee had noted that, according to section 62(1) of the Labour Standards Act (LSA) of 13 March 1997, as amended on 14 August 2001, a person under the age of 15 shall not be employed as a worker. It had noted that section 10(1) of the LSA provides that this Act shall apply to all businesses or workplaces in which more than five workers are ordinarily employed. According to section 10(2) of the LSA and section 1-2 and table 1 of the Enforcement Decree of the Labour Standards Act of 27 March 1997, as amended on 3 March 1999, the provisions of the LSA pertaining to minors under 18 are also applicable to businesses and workplaces which ordinarily employ fewer than four workers. However, under section 10(1) of the LSA, the Act shall not apply to any business or workplace which employs only relatives living together, and to a worker who is hired for domestic work. The Committee had therefore pointed out that the wording of the Act excluded from its scope of application children and young persons working outside an employment contract, those working in businesses or workplaces which employ only relatives living together and those who are hired for domestic work. The Committee notes the Government’s indication that parents acknowledge the importance of education and consequently it is rare that children give up their study and work full time for family business. The Government further states that children can work to help their parents, and that it does not think there is need to have a legal provision protecting these workers. The Committee reiterates that the Convention applies to all types of work or employment. The Committee therefore once again requests the Government to indicate any measures taken or envisaged to include the abovementioned categories of workers in the scope of application of the LSA, and to provide information on these measures.
Article 2, paragraph 3. Compulsory education. The Committee had taken note of the information contained in the Government’s report concerning the Compulsory Secondary Education Plan according to which education is to be compulsory up to the third grade of junior high schools in 2004, when the Plan is completed. The Committee had asked the Government to continue providing information on the implementation of the Plan and to specify the age of the school-leaving children at each stage of the Plan. The Committee notes the information provided by the Government in its report according to which free and compulsory education for middle-school students is being gradually expanded within the boundary of available budgets. The Committee takes note of the Framework Act on Education as amended in 2002 and the Elementary and Secondary Education Act as amended in 2002. It notes that according to section 8(1) of the Framework Act on Education, compulsory education shall be composed of elementary education for a period of six years and secondary education for a period of three years. Section 12 of the Elementary and Secondary Education Act provides that the State shall conduct compulsory education referred to in section 8(1) of the Framework Act on Education and shall take the necessary measures such as securing the facilities therefor. Subsections (1) and (3) of section 13 state that every citizen shall send his/her sons and daughters or children to school from the beginning of the first school year after the child reaches 6 years of age and up to 15 years of age. The Committee takes due note of this information.
Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of types of hazardous work. The Committee had noted that section 63(1) of the LSA prohibits an employer from employing persons under 18 in hazardous and dangerous businesses in terms of morality or health. Section 63(3) provides that such prohibited occupations shall be determined by Presidential Decree. The Committee had noted that, as regards types of work prohibited to persons under 18, section 37 of the Enforcement Decree of the LSA provides that the types of work prohibited for persons under the age of 18 as prescribed in section 63 of the LSA shall be provided in attached table 2. The Committee notes with interest the list communicated by the Government in its report of types of work prohibited for minors and contained in table 2 of section 37 of the Enforcement Decree. It includes work dealing with or involving exposure to 2-bromopropane; work in places with high pressure or as divers; work in the brewery and oil businesses (excluding oil filling); work involving incineration or butchery; work at prisons or mental hospitals; driving and operating work for which those under 18 are not allowed to get licences; and other work designated and announced by the Minister of Labour after deliberation made by the Industrial Safety and Health Policy Deliberation Committee. The Committee requests the Government to indicate in its next report if any regulation has been issued by the Minister of Labour and, if so, to supply a copy of it. The Committee also asks the Government to indicate whether the consultations with the organizations of employers and workers concerned have been conducted prior to the establishment of the list of hazardous occupations, as required by Article 3, paragraph 2, of the Convention.
The Committee had furthermore noted from the Government’s report that section 2(5) of the Act on Youth Protection (AYP) specifies businesses prohibited to young persons and that section 24 of the same Act prohibits employers from employing young persons in businesses harmful to them. The Committee notes that in its report, the Government gives the list of establishments banned from employing youths or giving them access, under section 2(5) of the Youth Protection Act. The Committee notes that "youth" in this Act refers to all men and women under the age of 19. The Committee takes due note of this information.
Article 3, paragraph 3. Exception to the age of 18 years for admission to hazardous work. The Committee had noted that section 70 of the LSA prohibits a minor under the age of 18 to do any work inside a pit provided, however, this shall not apply when the work is temporarily needed to perform the business as determined by Presidential Decree, such as health, medicine, news reports, news coverage, etc. The Committee had recalled that, under these provisions of the Convention, the minimum age for admission to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years, provided that such employment or work may be authorized by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Government makes no reference to this point in its reports. The Committee therefore once again requests the Government to supply a copy of the abovementioned Presidential Decree.
Article 6. The Committee had noted that the Government’s report contained no information relating to vocational training programmes for children and young persons. The Committee notes that the Government, in its report, indicates that the education system in the Republic of Korea consists of six years of primary education, six years of middle and high school education and four years of university education. It also states that among high schools there are vocational schools which provide job education such as technological, commercial, agricultural and fisheries schools. The Government indicates that the legal minimum age for applying to youth vocational training programmes is 15 years of age. The Committee also notes that section 47 of the Elementary and Secondary Education Act provides that to be admitted to high school and technical schools, one should have completed middle school (which ends at 15 years according to section 13(3) of the abovementioned Act). The Government further indicates that the Vocational Training Promotional Act states that students and the head of workplaces can conclude on-the-job training contracts and that the vocational trainer shall provide guidance to those students receiving the training. The Committee asks the Government to indicate whether the consultations prescribed by Article 6 of the Convention have taken place. It also requests the Government to provide a copy of the Vocational Training Promotion Act.
Article 7, paragraph 1. Minimum age for admission to, and determination of, types of light work. The Committee had already noted (under Article 2, paragraph 1, above) that section 62(1) of the LSA prohibits the employment as a worker of a person under the age of 15. The same provision, however, authorizes such employment provided that an employment permit is issued by the Minister of Labour in accordance with the criteria determined by Presidential Decree. The Committee had noted that, under section 55(11) of the Enforcement Decree of the LSA, the Minister of Labour shall delegate the authority related to the issuing of employment permits for persons under 15 years of age to the director of the district labour agency.
The Committee had noted the information contained in the Government’s report, according to which section 50 of the Work Guidelines for Labour Inspectors (WGLI) sets the requirements for the issuance of employment certificates, namely: (1) the work will be light work not detrimental to the health or morals of the worker concerned; (2) the work will not be deemed to cause danger or harm to the life, health or welfare of the worker concerned; (3) the working hours will not impede classes the worker concerned attends; and (4) the certificate will have agreements and opinions of a principal, a person with parental authority or a guardian. The Committee notes that the WGLI was not sent with the Government’s report. Consequently, it asks once again the Government to provide a copy of the WGLI.
The Committee had also noted that, according to the Government’s statement, the provisions of section 62 of the LSA allowing the employment of persons under 15 only apply to persons aged from 13 to 15. The Government recognized that the law does not provide the specific age allowed to receive an employment certificate, yet, with the enforcement of the Convention, the age of 13 was interpreted as the minimum age for the certificate. The Government had stated that this interpretation was directed as a guideline to regional labour offices and that a revision of the Enforcement Decree of the LSA was planned in view of specifying the minimum age of 13 for the delivery of an employment certificate. The Committee notes the Government’s statement, in its report, that the enforcement Decree stipulates that the minimum age of 13 was already amended on 31 October 2001. The Committee notes however that the partial text annexed to the Government’s report does not indicate the minimum age for admission to light work. It therefore requests the Government to provide a consolidated version of the entire Enforcement Decree along with its next report.
Article 9, paragraph 1. Penalties. The Committee had noted from the Government’s report that a juvenile protection committee had been set up to take special measures to protect the youth. The Committee notes that the Government has provided a copy of the Youth Protection Act that establishes the Youth Protection Committee. According to section 28 of the Youth Protection Act, the Youth Protection Committee shall implement matters concerning the establishment of basic plans for protecting juveniles (i.e. a person under 19 years of age according to section 2(1) of the Act) against harmful environments and the appraisal of the progress status of the basic plans; the protection of juveniles against business places harmful to them; the protection of juveniles against drugs harmful to them; publicity, treatment and rehabilitation for juveniles in order to protect them from violence and abuse; the handling of reports on the environment harmful to juveniles, and necessary surveys, research and education for protecting juveniles from such environments; cooperation and support among administrative agencies for the purpose of protecting juveniles. The Committee asks the Government to provide further information on the concrete measures taken by the Youth Protection Committee pursuant to section 28 of the Youth Protection Act, especially regarding the protection of juveniles against business places harmful to them or the conduct of surveys or research on the environment harmful to juveniles.
Article 9, paragraph 3. Registers. The Committee had noted that section 64 of the LSA requires employers, for each minor worker under 18, to keep at each workplace a copy of the census register testifying to his/her age. The Committee notes with interest that, according to section 40(1) of the LSA, an employer shall prepare a register of workers by workplace, including name, birth date, personal history and other items relating to workers as provided for by the Presidential Decree. It also notes that section 15 of the Enforcement Decree of the LSA provides for exhaustive information which shall be mentioned in a worker register. The Committee once again requests the Government to supply a model of the said register.
Part V of the report form. The Committee notes the statistical data contained in the Government’s report, according to which, during July-August 2001, the Government inspected 331 workplaces employing minors on an hourly basis such as gas station and fast food restaurants, to ensure their compliance with the Labour Standards Act. The Committee notes that, as a result of these inspections, 110 workplaces (176 cases) were found to violate the law and employers of those workplaces were ordered to correct the problems within 25 days. The employer of one workplace, where the problems were not corrected after the warning was issued, was punished under the law. The Committee notes that the cases involving violations included employers not keeping minor certificates (78 cases), minors working at night or on holidays (22 cases) and minors overworking (34 cases). The Committee requests the Government to continue supplying information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of minors by age group, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.
The Committee also notes that in June 2001, the Government conducted publicity campaigns to inform minors and their employers of the laws related to minor protection, including the LSA. It notes with interest the Government’s statement that it developed and distributed 65,000 pamphlets explaining why and how minor workers should be protected.
The Committee takes note of the Government’s first report and asks it to provide information regarding the following points.
Article 2, paragraph 1, of the Convention. The Committee notes that, according to article 62(1) of the Labour Standards Act (LSA) of 13 March 1997, as amended on 14 August 2001, a person under the age of 15 shall not be employed as a worker. It notes that article 10(1) of the LSA provides that this Act shall apply to all businesses or workplaces in which more than five workers are ordinarily employed. According to article 10(2) of the LSA and article 1-2 and table 1 of the Enforcement Decree of the Labour Standards Act of 27 March 1997, as amended on 3 March 1999, the provisions of the LSA pertaining to minors under 18 are also applicable to businesses and workplaces which ordinarily employ fewer than four workers. However, under article 10(1) of the LSA, the Act shall not apply to any business or workplace which employs only relatives living together, and to a worker who is hired for domestic work. The Committee therefore points out that the words of the Act exclude from its scope of application children and young persons working outside an employment contract, those working in businesses or workplaces which employ only relatives living together and those who are hired for domestic work. The Committee therefore requests the Government to take the necessary steps to include these categories of workers in the scope of application of the LSA.
Article 2, paragraph 3. The Committee takes note of the information contained in the Government’s report concerning the Compulsory Secondary Education Plan according to which education is to be compulsory up to the first grade of junior high schools by 2002 and up to the third grade of junior high schools in 2004, when the Plan is completed. The Committee asks the Government to continue providing information on the implementation of the Plan and to specify the age of the school-leaving children at each stage of the Plan. It also asks the Government to furnish a copy of the Framework Act on Education and the Elementary and Secondary Education Act.
Article 3, paragraphs 1 and 2. The Committee notes that article 63(1) of the LSA prohibits an employer from employing persons under 18 in hazardous and dangerous businesses in terms of morality or health. Article 63(3) provides that such prohibited occupations shall be determined by Presidential Decree. The Committee notes that, as regards types of work prohibited to persons under 18, article 37 of the Enforcement Decree of the LSA refers to table 2, which is not reproduced in the copy of the Decree available at the Office. The Committee therefore requests the Government to provide a copy of the list of occupations prohibited to persons under 18. It also asks the Government to indicate whether the consultations required by this Article of the Convention have been conducted prior to the establishment of the list of hazardous occupations. The Committee notes furthermore from the Government’s report that article 2(5) of the Act on Youth Protection (AYP) specifies businesses prohibited to young persons and that article 24 of the same Act prohibits employers from employing young persons in businesses harmful to them. It asks the Government to furnish a copy of this Act.
Article 3, paragraphs 1 and 3. The Committee notes that article 70 of the LSA prohibits a minor under the age of 18 to do any work inside a pit provided, however, this shall not apply when the work is temporarily needed to perform the business as determined by Presidential Decree, such as health, medicine, news reports, news coverage, etc. The Committee recalls that, under these provisions of the Convention, the minimum age for admission to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years, provided that such employment or work may be authorized by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to supply a copy of the abovementioned Presidential Decree.
Article 6. The Committee notes that the Government’s report contains no information relating to vocational training programmes for children and young persons. It asks the Government to indicate the age of the young persons admitted to work in undertakings for the purpose of their vocational training, to give information on the other conditions prescribed for such work and to indicate whether the consultations prescribed by this Article have taken place.
Article 7, paragraph 1. The Committee has already noted (under Article 2, paragraph 1, above) that article 62(1) of the LSA prohibits the employment as a worker of a person under the age of 15. The same article, however, authorizes such employment provided that an employment permit is issued by the Minister of Labour in accordance with the criteria determined by Presidential Decree. The Committee notes that, under article 55(11) of the Enforcement Decree of the LSA, the Minister of Labour shall delegate the authority related to the issuing of employment permits for persons under 15 years of age to the director of the district labour agency.
The Committee notes the information contained in the Government’s report, according to which article 50 of the Work Guidelines for Labour Inspectors (WGLI) sets the requirements for the issuance of employment certificates, namely: (1) the work will be light work not detrimental to the health or morals of the worker concerned; (2) the work will not be deemed to cause danger or harm to the life, health or welfare of the worker concerned; (3) the working hours will not impede classes the worker concerned attends; and (4) the certificate will have agreements and opinions of a principal, a person with parental authority or a guardian. The Committee asks the Government to furnish a copy of the WGLI.
The Committee takes note of articles 31 to 36 of the Enforcement Decree of the LSA, which regulate the employment permit and the certificate for employment permit. It notes that article 33 provides that "with respect to types of work prescribed in article 37 of this Decree and duties deemed harmful or dangerous to persons under the age of 15, the Minister of Labour may not issue a certificate for approval of employment". The Committee asks the Government to specify to which kind of duties article 33 of the Enforcement Decree of the LSA refers.
The Committee also notes that, according to the Government, the provisions of article 62 of the LSA allowing the employment of persons under 15 only apply to persons aged from 13 to 15. The Government recognizes that the law does not provide the specific age allowed to receive an employment certificate, yet, with the enforcement of the Convention, the age of 13 was interpreted as the minimum age for the certificate. The Government states that this interpretation was directed as a guideline to regional labour offices and that a revision of the Enforcement Decree of the LSA is currently planned in view of specifying the minimum age of 13 for the delivery of an employment certificate. The Committee therefore requests the Government to provide information concerning the abovementioned revision and to furnish a copy of the new Enforcement Decree together with its table 2.
Article 9, paragraph 1. The Committee notes from the Government’s report that a Youth Protection Committee was set up to take special measures to protect the youth. It asks the Government to supply a copy of the text establishing the Youth Protection Committee.
Article 9, paragraph 3. The Committee notes that article 64 of the LSA requests, as regards each minor worker under 18, that his employer keep at the workplace a copy of the census register testifying to his age. It asks the Government to supply a model of the said register.
Part V of the report form. The Committee notes the statistical data contained in the Government’s report. It notes that, as a result of the monitoring campaign, 172 violation cases at 110 workplaces were reported and employers of those workplaces were ordered to correct the problems within 25 days. The employers of three workplaces where the problems were not corrected after the warning were punished under the law. The Committee notes that the violation cases included employers not keeping minor certificates, minors working at night or on holidays and overworking. It requests the Government to supply a copy of the court sentences pronounced in the three abovementioned cases of persisting violations. The Committee also asks the Government to continue supplying information on the manner in which the Convention is applied in practice, including, for example, extracts from the reports of inspection services.